Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-03-10
NEW SERIES. VOL. /. NO. 55
fNTENFER.iSCE.
Fuii Text of the Bill Now Before The
Legislature for l.s sunnression.

h"Nhh, Nldftll S'-ibliuWlnS Is the ful
text of the bill for the suppression of in,
temperance which passed the House this
afternoon, and which ii is not at all un
likely now will shortly pass :he Senate
AN AeT FOR THE SUPPRESSION OF GYrEMpER.
ANCE
Be Il eliactei by the Senate atd House OF
henesehtafices Of he state Of Delarare il,
General Assembly met, and il is hereJy
eHdctGdbg gdRhordg Of ute same, as tOll0tcS.
Sec. i. That from and after the passage OF
| this act the manufacture OF sale of intoxicat
| Ing liquors within the State of Delaware ia
hereby prohibited, and declared to be a
nuisance, except as hereinafter provided
but ali licenses now III force shall coutiuue
until the expiration OF the term for which
they were granted respectively, but no longer.
| See. 2. Ii shall and may be lawful for the
Court OF General Sessions of the Peace and
jan Delivery to license careful. skillful and
reputable druggists, who may apply and
| qualify under the act entitled IAN Act
passed at Dover, April 10th. 1873; Tie said
Court may also license responsible and re-
| spectacle citizens to manufacture liullors for
chemical, mechanical and medicinal purposes
when III the Judgment of the said Court the
above are the sole purposes for which they
are TO be manufactured. For license to
manufacture as aforesaid each applicant shall
pay fee OF 1926 to the Clerk of the Peace for
the use OF the State AZ in other cases and
such license shall be valid for one year from
the date of granting the same
Sec B. The said court may also, in their
discretion, grant licenses to keep an inn or
tavern, as provided for in said act, when. in
adultloh to the qualifications now required, it
snail appear that majority of the qualified
voters of the county i'll which the applicant
resides, and in which he proposes to Keep an
mn or tavern shall signify their desire that
Licences be SO granted. And such desire NAV
be shown and certified to said court in either
OF these ways First by petition, duly
signed iii the genuine and proper handwriting
OF majority of the legal voters of the county
III which the inn or tavern is proposed to be
kept On the presentation of any such petit
tlon TO the court, as aforesaid, at least two
substantial freeholders of the county shall
appear IN open court and make oath that said
petition does contain the names of majority
OF the legal voters of the same county, as
compared with the last preceding general
election thereof. Secondly, such desire NAV
De also shown and certified i'll this way On
the first Saturday i'll June, A. d. 1881 an
election shall be held at every polling place
for general election iii the State. The polls
at such election shall be opened between Q
and ~ O'Clock, forenoon and close at 6
O'Clock, afternoon The papers for said cleo
tion shall be prepared, distributed, and deliy-
cred as Is now required by law in the case of
general election for members of the Gem
eral Assembly, and the election shall be held
by the same persons who held said last gem
eral election; and i'll general, the proceedings
throughout including the filling of vacancies
ana canvussng the votes shall be the same:
and all laws now in force for the punishment
of false swearing or fraudulent voting shall
he applicable to the election herein provided
for. When the returns shall have been can
Hassed, and the result thereof asrertained in
each county respectively. certificate thereof
shall be made out and, together with the
returns themselves, filed with the Clerk of
the Peace OF such county; and, for the pur-
poses OF this act they shall be record of the
Court OF General Sessions of the Peace for
such county
Sec. 4. The tickets to be voted at said
election shall have printed on the outside the
word ''hcense, and on the inside the words
''for license" or against license"
Sec. .. Brandy, whisky, gin. rum, wine, ale.
beer, porter and any mixed liquor or cordial
OF which they, or any OF them may be COM
ponent part, shall be deemed and taken to be
Intoxicating, and no special proof that they
are so shall be required.
Sec. 6. No person, directly or indirectly.
shail treat, give away, or dispense, or expose
for the purpose or opportunity of treating.
giving away. or dispensing. to any minor.
insane person, or person non coaip0s us,ntis,
lunatlc, haUtual drunkard intoxicated
person, or person i'll the habit of becoming
lntoSicated, any intoxicating liquor.
Sec. I. Any house, room, booth, stall.
building, erection, enclosure wagon. car or
carriage, used for the purpose of selling.
giving away, or dispensing intoxicating li0uor
contrary 10 the provision of this act, or any
other act of the General Assembly of this
State, is hereby declared nuisance, and shall
be aDated as such i'll addition to the other
penalties herein provided And in cases
tyit Of int NV tit,.r
furnished IN, ut. or about auy such house.
room. booth, stall, building erection. en-
closure, wagon, car. or carriage, and the per-
son 30 exposing or furnishing it is unknown
on cannot be found, it shall be deemed to
have been exposed or furnished by the owner
thereof when occupied or Used by him. and
by the tenant or occupier when the same ia
not used or occupied by the owner. Ii shall
be sufficient evidence of ownership to claim
the property, or exercise dominion or control
over II, without regard to the legal title and
oil tendency or occupancy. to Use, occupy, or
exercise control over the same.
sec, s. Every violation of any provision of
this act shall be n misdemeanor and upon
convection thereof the offender shall pay a
tine OF 800 and costs of prosecution and,
upon Il second conviction for the violation of
the same or any other provision hereof shall
pay like line and the costs and shall also be
imprisoned for period not less than one nor
llble lllln SIN nlOulDS. ana II a license under
this act or any other act authorizing him to
manufacture OF sell intoxicating liquors, shall
forfeit Ills hcense and be incapable of receiv.
ing license for two years thereafter.
sec. y. In any case of a second prosecution
for violation of any provision of this act. 1t
shall not be necessary to 80 charge the same
IN the Indictment, but the fact may be shown
by evidence on the trial or by production of
the record for the inspection of the Court at
any time before sentence.
Sec. 10. The provisions of this act shall not
apply to foreign liquors. imported under the
laws of the United States, so long as they
shall remain in the hands OF the original i'm
porters and IN the original packages, nor to
pure domestic wines manufactured for medic
lnal or 4acramental purposes but the burden
of proving the facts eXempting them from its
provisions shall be upon the person claiming
the exemption.
Sec. IL. This act shall not be construed as
repeating former laws except so far as its
provisions may be manifestly inconsistent
therewith, but as additional and supple
mental thereto.