Delaware Republican. (Wilmington, Del.) 1843-1874, 1873-05-08
THE LIQUOR LAW.

Act concerning hotel keepers. Under this bill,
proprietors Of hotels or boarding houses are not
responsible for money etc., stolen from the
rooms of their guests, provided that the propri-
etors of such places have in their houses a
safe for keeping sHch articles secure, and have
notified those stopping with them of this fact
The act regulating the sale of intoxicating
liquors. The provisions of this act are as fol-
lows:
Section l. That no person, by himself his
agent or servant, directly or indirectly shall sell
any intoxicating liquor except as herein pre-
vided.
Section 2. 1t shall be the duty OF TIN Sc re
tarY of STATE, anu he is hereby directed 10 pre-.
pare and furnish to each Clerk of the Peace,
signed Dv the Governor, countersisnel by the
Secretary of state, aud sailed with the seal of
his office, all such blank licenses as are author
lied to be issued by this a =, and he shall keep
an accurate account thereof against each of
said Clerks aud shall send duplicate of every
such entry to the Auditor Of Accounts as soon
as may be thereafter, and the auditor of Ac-
counts shall keep all accurate account in the
books of his office of all blank licenses supplied
to the Clerks of the Peace in pursuance with
the provisions of this act, andhlljthc provisions
of Chapter 30 Of the Revised Code relative to
the duties and powers of the Auditor of Ac-
Counts in the Accounts Of Clerks of the Peace
and in enforcing settlements with them shall
extend and be applied to the licenses and fees
therefor.
Section 3. The Clerk of the peace in each
county respectively shall sem-annually, on the
first Tuesdays of April AMI O't1ber, render a
full and accurate account uf all mJnays receiv-
ed by him for the use of the State or for which
he is accountable under the proyisions of this
act, and shall deposit tn the credit Of the State
Treasurer in the Farmers Bank, at the county
town OF his county, the full amount due on
such account, and send such account TO said
Treasurer by mail, post paid, with certificate
Of such deposit theron, endorsed and failure to
render such, or make such deposit within the
time prescribed, besides making him liable for
the money due the State shall be a misdemean-
or, and upon conviction thereof he shall for
felt and pay fine of not less than five hun
dred no more than two thousand dollars, and
such conviction shall of itself work forfeiture
Of his office.
The official obligation of each Clerk of the
Peace shall extend 10 and embrace the MONEYS
received or which ought to be received under
the provisions Of this act and the duties requir-
ed of him, and every failure to make such de-
posit or TO put into the postoflice, postpaid,
within the time prescribed, such account with
the certificate, thereon endorsed duly addressed
to the State Treasurer shall be breach of said
official obligation.
Section !. II shall be the duty of every jus.
tice OF the peace, mayor, alderman sheriff. dep
nty, Sheriff, coroner, constable policeman, or
other peace officer within his county, ward or
district, whenever he shall have knowledge that
any person or persons, firm or company / or
are selling or dispensing any Intoxicating Ii
quor contrary 10 tn" provisions OF this act to
make complaint ~ clise complaint to be made
before some Justice oflhe Peace or ot,at prop
er officer, who shall thereupon proceed against
such delinquent as in other misdemcanors, and
all provisions Of law relative to criminal pro-
ceedure, 50 far as the same may be applicable
and not inconsistent herewith. shall extend
and apply t. Offences committed in violation of
the provisions of this act.
section .. Every person holding a license
under this act shall at all times keep the same
hung up in some conspicuous part of his prin-
cipal place of business, where the same may be
plainly seen and read, and when 50 required by
any magistrate or officer named in the next
preceding section, or on any legal examination
or inquiry when the existence and character
thereof may come in question, shall produce
the same, and failure To do so Shall be pre-
sumptive evidence that he has none.
section u. Any officer named in Section of
this ac., who shall neglect or refuse to perform
any ofthe duties herein required, shall be gull
~ OF a misdeMeanor, and shall, upon convic-
tion thereof, forfeit and pay fine at the diacre-
ton of the Court.
Section I. 1t shall be the duty of the Grand
Jury OF each county to present any person
whom they know to have violated any of the
provisions of this act, and the daty of each
member thereof individually to make known to
his fellows, and also to the Acknowledgement,
any such violation, so that any such offender
may be prosecuted and punished; and it shall
also be the duty of the Court of General SEES
sions Of the Peace and Jail Delivery in every
general charge to the Grand Jury to call special
attention TO the provisions of this act and their
duty as herein prescribed.
Section 3. Any person of full age and good
moral Character who is a licensed retailer of
goods, wares and merchandise, and any like
cltlZen who is licensed druggist and the ag-
gregate cost value Of whose stock respecliyrly
constantly kept on hand for sale is not less
than five hundred dollars, may be licensed 10
sell intoxicating liquors on complying with
same conditions required from persons applying
for license to keep an inn or tavern as there
matter mentioned, except that the description
OF his house OF business and accommodations
shall vary according TO the natrre thereof, both
10 his application and certificate and rccommru-
dation of freeholders:
PTopide1 also, That in the case of a license
10 a retailer OF merchandise 1t shall not author
re him to sell in quantities less than one half
gallon, and 10 a druggist in uua titles greater
than one quart.
Section U. Such license shall be but to one
person or hrin, TO sell at one place only and
for one year from tho date of approval by The
court, as hereinafter mentioned; but OH the dis
solution Of firm any member continuing the
business at the same stand shall have the right
TO sell liquor during the continuance of said Ii
cense IN the same manner as if no dissolution
had taken place. No liquor shall be sold, given
away or dispensed under such license to be
drunk on the premiseS,o or any appurtenences or
dependency thereof, and any person holding
M tit,,r
shall be guilty Of a misdemeanor, and upon
conviction thereof shall forfeit his license
and shall also forfalt and pay,a fine Of not
less than fifty nor more than one hundred dol
lars.
Section 10. Amy person OF full age and good
moral character desiring license to keep an
inn or tavern and to sell Intoxicating liquors in
less quantities than one quart, 10 be drunk on
the premises, may be licensed 10 do so when
the following conditions have been strictly COM
Piled with:
He shall make application therefor in writ
ing and file the same with the Clerk Of tho
feace OF the oper county at least thirty DAYS
before the then next session of the Court of
GENERAL Sessions OF the Peace and Jail Delivery.
clearly stating that he is person of full aye
that he is deslrous TO keep an inn or tavern at
soma place to be particularly designated in tbe
school district, or ward If the CITY of Wilmiup-
Ton; that he is the owner or tenant of a suitable
house for that iurpose and The yearly rental
value thereof that lie il provided ia said house
with at least two suitable rooms and at least
Tour comfortable beds for the exclusive use of
travellers and guests, stabing and u orendcr fl
al least four horses that Gan inn or tavern at
the point designated is necessary for the ac-
communication ofphe public:
Frorided ho@erer, That the provisions of
this section in relation to rooms beds, stabipg.
provendcr and horses shall not apply 10 cities
and towns containing more than two thousand
inhabitants.