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

the last of which publications shall be at
least ten days before the sitting OF the court to
| which the same Is TO be presented. This no
tice shall clearly set forth the name of the APP
plicant and the location Of the proposed inn or
tavern; the time when the application will be
made, and the names of the freeholdars recon-
mcnding the same.
3. Atthe same time he shall also file with
Ii S said application certificate of twelve sub
| stantial free-holders Of the school district in
\ which he proposes to keep such inn or tavern,
or twenty-f -four such freeholdcrs of the ward, il
in the city of Wilmington. which certificate
shall clearly state that the applicant is person
| of full age that he Is II man Of sDbricly aud
good moral character; that an inn or tavern is
necessary at the point designated to accommo-
date the public; that the applicant is the owner
or tenant of the house in which he proposes to
keep the same, and the true rental value there
If; that he has in said house at least two suita-
bic rooms and four comfortable beds for the
exclusive use Of travellers and guests and
stahlng and provender for at least four horses:
PrOrided, ho,cerer, That the provisions of
this section in relation TO rooms, beds, stabling,
provendcr and horses shall not apply to cities
or towns containing more than two thousand
inhabitants.
This certificate and recommendation shall be
signed with the proper signatures and in the
proper handwriting of such freeholdcrs, but II
any such cannot write he may sign by a mark
which shall be duly attcsted by witness sub
| scribing.
| 4. The said applicant shall appear in open
court at the time his application is presented
and make oath in due form that he has two suit
| a6le rooms and four comfortable beds for the
exclusive use Of travellers and guests, and stab
ling and provender for at least four horses, and
give the rental value of the house intended to
! be used as such inn or tavern; that he has made
hat
| and Recommendation was read to or by the
sisners thereof; that the signatures are in the
proper and genuine handwriting of each, and if
any have signed by mark he shall so state, and
| also that he could not write: PrOrided hoe
erer, That the provisions of this section in re-
gard to rooms, beds, stabling, provender and
| horses shall not apply TO cities or towns CON
tanning more than two thousand inhabitants.
D. At the same time he files his application
he shall also pay to the Clerk of the Peace the
full fee or price for said license and also one
dollar and fifty cents fees to the Clerk,
SECTION IL. That the Clerk of the Peace OF
the county in which the applicant for license
aforesaid proposes to keep an inn or tavern or
restaurant shall lay before the sail Court of
General Sessions of the Peace and Jail Delivery
all application for the license aforesaid, together
with the certificate and recommendation ac-
conpanyng the same filed in his office on the
first day of the term of said court next succeed
ing the date Of such application.
SECTION II. The court may or may not, at
their discretion, application, and in order to
satisfy themselves fully in regard 10 the pro-
prieiy of approving the same may receive re-
| moiislrlnces and hear evidence and arguments
for and against the same under such rules as
said colt may deem proper, and may establish
general rules for that purpose. If any applIc.,-
tion Shall be approx Il AS herein provided, the
court shall endorse the word "approvcd' there
on and sign the same with the dat of such aI-
prevail At not approved the said court shall en-
dorse thereon the words "nOt approved and
sign the same. IL shall be the duty of the
Clerk of the Peace Immediately after any such
application has been SO approved, TO issue Il
proper license to said applicant for the term of
one year from the date ofapproyal in the same
manner as is now done.
SECTION II. The Clerk If the Peace for
each county shall procure 4 suitable docket for
that purpose and keepa record of all applica
tons for licenses, and shall note the filing and
date of fling of all papers and orders therein,
and shall number all such applications consecll-
lively as they are received and carefully index
the same, and such records shall be open ut all
suitable times for the free inspection of any
citizens who desire to examine the same. The
docket herein provided for sh all be paid for by
the State Treasurer on production OF the receipt
ed bill therefore and approval by the court
The Clerks fee in every case OF license, when no
CO .ltest is made, shall be one dollar and fifty
CENTS including license if granted, and three
dollars in every contested case whether granted
or not to be paid by tie applicant.
SECTION ii. 1t shall be unlawful for any
person licensed to sell liquor as herein provided,
to sell, give away, or dispense any liquor on the
Lords day, commonly called Sunday, TO sell or
give away liquor at any time 10 minor insane
pcr,onhabitlial druukarl,t TO person at the lia.c
Vii. Al
guilty Of Il mstcmeanOr and upon conviction
thereof shall forfeit and pay fine of not less
than fifty nor more than one hundred dollars,
and in case of n second conviction for such mis-
demeanor, lie shall forfeit his license AM shall
not be capable Of receiving license for the
space of two years thereafter, and no person
licensed to sell liquor, shall sell, give away or
dispense any Intoxicating liquors ON the day OF
any general, special OF municipal election, with
in one mile of the place where the same is held,
and such day shall be reckoned from the mid
night before till the midnight after such cleo
ton, and any person violating this provision
shall be guilty of misdemeanor and upon con-
yiclion thereof shall forfeit and pay fine of not
less than fifty nor more than one hundred dol
lars, and if holding license under this act shall
forfeit tina same i'll addition TO such fine, and
be incapable of receiving license for the space
1.-TWO years thereafter.
SECTION 10. No secret or clandestine door
OF entrance shall be maintained or permitted in
any licensed house; no disorlerly, rotous Or
lewd conduct shall be permitted or suffered in
or abost such house; no pawn, gift or pledge
shall be received or taken by any person licensed
under this act; no gambling of any kind or I'M
der any pretcnce whatever, shall be permitted
Or suffered in or about any licensed house, and
any person violating the provisions of this sec
ton shall be guilty OF a misdemeanor and upon
conviction thereof shall forfeit and pay fine of
moi less than fifty nor more than one hundred
dollars and also his license, and shall be ncap-
able of receiving license tor the space of two
years; no debt contracted for liquor sold in
quantities less than a half gallon under the pro-
visions of this act shall be collecable either in
court or before a justice.
SECTION lG. Any person found drunk or eX-
cited by liquor and noisy on the street, highway
or other public place, may be arrested by any
officer with or without warrant and taken before
any Justice Of the peace or other committing
magistrate, who shall Immediately convey him
to the nearest jail or lock up, the keeper of
which shall receive and detain him until legally
discharged, and when no committing mlgis-
trate is convenient, or such drunken person is
riotns or there is danger of breach Of the
peace, he may be conveyed and lodged in such
Jail or lookup without any commitment whit l.
ever; in tbs case however lie shall not remain
in custody more than twenty -four hours with
out being brought before some magistrate for
hearing; when so brought up for hearing lie
may be rccommiitcd for period not exceeding
five days, discharged ON payment of costs or
fined in a sum not exceeding ten dollars and
costs, aud it shall be the duty Of every sheriff,
corourr, constable, policeman and their depu,
ties, to enforce the provisions of this section
strictly, and failure to do SO shall be n INSIDE
10 eanor, and ON conviction thereof every such
officer 50 falling shall forfeit and pay fine of
not less than fifty nor more than one hundred
dollars.
SECTION II. All license fees and all fines
and forteitures under the provisions of this act
shall be for the use of the State, and shall be
paid into the Farmers Bank to the credit of the
State Treasurer by the persons receiving or col
lecting them Immediately on receipt thereof,
and receipt shall be taken therefor and On.
closed in post paid envelope to the auditor