Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-04-21
NEW SERIES. VOL. /. NO. 43

offenders to justice. He shall have power,
without warrant To arrest any person
committing crime in his presence, and
take him before some committing magis-
trate, to be dealt with according to law,
and warrants of arrest may be issued to
him as to any constable but his special
business shall be to bring to justice vio-
lators Of the act aforesaid and of this act
He shall receive as compensation for his
services upon the certificate OF the Attor-
ney-Gereral OF his efficiency and fidelity,
an annual sum OF 81 900, TO be paid in
half-yearly payments by the State Treas
urer, and shall be subject to removal at
any time, as other bailiifs are, and the
court may appoint another in his place.
Upon the written order of the Attorney
General he may peaceably enter any
place in the discharge of his special duty,
but shall not remain there longer than is
necessary for the purpose. Resistance to
him in the discharge of his duty, under
this act, shall be a contempt Of court, as
well as 4 misdemeanor.
A supplement to this bill provides
that the bailif shall receive So per day
for every day of actual service, instead of
u yearly salary of 81, 200, but makes no
change in the appointing power.]
IN THE MOST CONSPICUOUS PLACE.
Sec. IL. All Licenses for sales i'll inns,
taverns or drug stores shall be framed
and hung up in the most cons spicuous
place therein and the absence out of
Such place of such license shall subject
the person licensed to a fine of $40.
OTHER VIOLATIONS.
Sec. IL. Every violation OF any pro-
vision of this act or any other act regu-
lating the sale of Intoxicating liquors
shall be u misdemeanor, and, upon con-
viction thereof, where no other specific
penalty is herein provided, the offender
shall pay a fine of 500 and costs of pros
ecution, and shall also be imprisoned not
less than one nor more than six months,
and, if a licensee, shall also forfeit his
license.
MATTER OF DEFENSE.
Sec. 13. In prosecutions against any
vendor of Intoxicating liquor, it shall not
be necessary to aver or allege, in any
form, that the defendant had no license;
but the fact of license shall be matter of
defense under plea of not guilty.
THE CIVIL DAMAGES CLAUSE.
Sec. IA. Whenever it can be shown by
proof that any injury has been caused to
the person of any one of known intem-
perate habits, in consequence of
the sale to him or her of
Intoxicating liquor, the vendor shall
be liable to his or her wife, husband,
child or children (if there be more than
one) in an action upon the case, in which
exemplary (but not excessively as well as
actual damages may be given by jury.
A rendition of verdict for exemplary
damages shall work revocation of the
vendors license, and all sales afterwards
made by him shall de deemed and taken
to be without license.
Sec Is. All acts and parts of acts in
consistent herewith are hereby repealed.
PASSED AT DOVER, April 5th, 1881.
ANOTHER SUPPLEMENT.
Besides the supplement noted above,
relating to the salary of the bailiff,
another supplement, making slight
change in the phraseology of indictments
to be drawn under this law, was passed.
The supplement requiring applications
for license to be signed by freeholders was
defeated in the Senate. No other supple
ments or notifications of the law were
passed.