Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-02-19
AN ACT
Concerning Taverns, Ale-Houses, Vic
tualing Houses, &c,

NohVernlnB laYefns, Ale-Houses, VIC
tualing- Houses, &c.
Be II enacted by The Senate and HoNse of Repre-.
senfdffres Of the State Of Dsiapare, in Genera
.asssmbly met,
l. No person shall by himself, his servant
or agent, directly or indirectly sell any intoxi-
eating liquors, except as hereinafter provided.
; :. ANY free white citizen of this State, who
Is Of the age of twenty-one years, or upwards
and is licensed retailer of goods, wares and
merchandise, and the aggregate cost value OF
whose stock on hand is not less than five hun
dred dollars, may apply to the Clerk of the
FeaGe OF the county in which he may reside,
tor license to sell intoxicating LIQUORS in GUAM
tlt'es not less than quart and upon the APP
pncaht Tor such license paying to the said
CLERK OF the Peace fee of twenty d0iiars for
the use OF the State, it shall be the duty of the
said CLERK of the Peace to Issue license under
MS hand and seal OF the Court to such retailer
OF goods, wares and merchandise any such
retailer OF goods, wares and merchandise pro-
curing SUCH license as aforesaid. shall have
full power and authority to sell Intoxicating
liquors of all kinds and descriptions in any
Quantity not less than quart, subject however
10 inc provisions hereafter mentioned. ANY
incense issued under this section shall be q
separate and special license for that particular
privilege and no other, and shall state that the
Zee OF twenty dollars is paid, aud that the appli-
cant therefor is licensed retailer of goods,
wares and merchandise, the aggregate cost
value OF whose stock on hand Is not less than five
hundred dollars. The license shall authorize
the selling OF Intoxicating liquors only at one
pace and only for one year from the day on
winch 1t was issued. The Clerk of the Peace
snall require any applicant for such license as
aforesaid to make an oath or affirmation that he
Is licensed retailer of goods, wares and NOR
enandise, and that the aggregate cost value of
ms STOCK on hand is not less than five hundred
oollars and any one making false oath or
ANIMATION in the premises shall be subject
to all the pains and penalties of wilful and
corrupt perjury. The fee to the Clerk Of the
Peace for issuing such license as aforesaid
shall DC one dollar, to be paid by the applicant
3. Any free white citizen of this State, who
is OF the age of twenty-one years, or upwards,
who may desire to sell intoxicating liquors
exclusive of any other goods, wares and mer
chandise, may apply to the Clerk of the Peace
OF the County III which he may reside, for a
license TO sell the same, and upon the appli-
cant Tor such license paying to the said Clerk
OF the Peace fee Of fifty dollars for the use of
the State, it shall be the duty of the said Clerl;
oil me feace to issue license under his hand
ana the seal OF the Court, for the sale of in
toNlcatlng liquors to such applicant who NAV
desire to sell the same exclusive Of any other
goouS, wares and merchandise. The person
procuring such license last aforesaid shall have
lull power and authority thereby to sell iutoxi-
eating liquors, of all kinds and descriptions. in
any quantity not less than quart, subject how
ever to the provisions hereafter mentioned.
Inc license issued under this section shall be
Il special license for that particular privilege,
anu no other, and shall state that the fee Of
MY dollars is paid and that the applicant
therefor desires to sell Intoxicating liquors
exclusive OF any other goods, wares and MGR
chandise. The fee to the Clerk of the Peace
ior Issuing such license last aforesaid. shall
pc one dollar, to be paid by the applicant
therefor.
4. NO person having license to sell in
toAlcatihS liquors under the provisions of the
sections shall have authority thereby
to sell Intoxicating liquors By any measure less
than quart, or to sell Intoxicating liquors 10
any person when drunk, or knowingly TO sell
intoxicating liquors to any minor or to any
slave, or shall suffer or permit any Intoxicating
liquors which he has sold to be drunk in his
store-hotse, or its dependencies, or shall suffer
any drunken or dlsorderly persons to remain in
my S'ofe-house or its dependencies and any
such person having licenses as aforesaid vioat-
ing Ulthor u the provisions of this section
snail, upon conviction thereof as hereafter
provided, forfeit and pay for the first offence n
nhe oil life dollars besides costs and in dofault
q payment thereof, shall be imprisoned not less
than one nor more than ten DAYS, and for the |
second offence shall forfeit and pay a fine of ten
uOllars besides COSTS and tn default of payment |
theFeol shall be imprisoned not less than three
nor more than twenty days, and for the third
offence shall forfeit and paw a fine of len dni,
ats besides costs, and in default of PAYMENT
hereof shall be imprisoned not less than Ava
~ more tnan thirty days and snch third cnu
'lcuoh snail iPSo fuct0 work forfeiture of his
license, and the ottendersh not he rslicensed
i9t the term OF ono year from the time of snch
third conviction.
o. No person Shall keep a tayesn, without |
having iirst obtained license from the Cover
nor, which shall be granted on the recommen-
lation OF the Judges of the Court of General
Sessions, setting forth that the person recon-
lhehueu is lit person and well qualified to
Keep a Tavern. Such recommendation shall
not Dc granted, unless the petitioner is SO
qualihea, and has necessarcs suitable for ira
feltrs, nor unless his house is necessary for
phbhc accommodation, and is in a proper and
convenient place and stage for the entertain
meat of Travellers
q. The petition for such recommendation
'hall state the intention of the petitioner to
Keep u tavern, with or without the sale of in
oNcatlhg liquors; and the license shall DON
orh thereto. The fees for u license withltie
privilege to sell Intoxicating liquors shall Id Is
house and premises, the assessed value Of
mich Sliall be less in amount than the sum If
htSeh Auhured dollars, the sum of twelve do
ar" 10 any person who owns or occupies n
rouse anu premises, the assesslble value
u which is fifteen hundred dollars, and les |
nan three thousand dollars, the sum of twenty
we aoilarsj to any person who owns or occr-
'les house and premises the assessed yaluo If
fhich Is farce thousand dollars and less thln !
orty-tive hundred dol ars, the sum of thirty /
oilarsi to any person who owns or occupils |
mouse and premises, the assessed value III
.hlch Is forty-fye hundred dollars and Ids |
nan six thousand dollars, the sum ofthirty,Rh c
oilarS, ana to any person who owns or occupiSs
mouse and premises, the assessed value af d
men Is six thousand dollars and over, the stSi {
! htty dollars for license without such nh
ilegc, the sum of five dollars. ANY perish
recurring such license with the privilege 10 Il
I'll intoxicating liquors, shall have full powr |
nd authority thereby to sell Intoxicating l. $
lors in any quantity, subject however to to Il
rorlsions hereafter mentioned. Such icense t
lall continue in force for one year from til Z
ly on which it is issued provided that i'll i
Duse be duly licensed and the tenant Il Il
hanged during the year, 1t shall be lawfA |,
II the new tenant to keep such house undt Ii
llu license, until the end of the next teri Il
SAID court in the county. The lee to th s
Jerk OF the Peace for issuing such licene il
tall be one dollar, to be paid by the applicat Il
iereior. o
q. No person shall keep an ale-house II
without license from III
overnor, to he granted upon the recommts- Il
alton Of twelve or more irae white reputalh Il
tizens residing in the hundred in which sub b
orSe Is intended to be kept, setting forth th& a
IS fit person and well qualified to keep sud- Il
ouse, and has suitable accommodations for he
lrpose. Tho fee for such license shall be IA a
ollars for the use of the State. and one dollt b
, the Clerk of the Peace, for the issuing theIt9 h
l. Such license shall continue in force for oil b
ear only from the day on which it was issIedN Al
fovided that if a house be duly licensed, ant ii
le tenant bo changed during the year, it shal II q
{ lawful for the new tcnanr to keep such hou4A a