The daily gazette., 1883-02-10
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nowTR. DEL. Feb. g.-The following Is |
the taxi of Local Option bill the Legislature |
Il asked to pass Ut the present session;
LOCAL OPTION BILL.
prepared by a. G. Conrad, Esq.1
An act to enable the qualified voters of |
New Castle, Kent and sussex counties to
determine by ballot, whether spirit0us,
farmented or intoxicating liquors, or alco-
holic bitters shall be sold in said counties
BE II enacted bg The Senate and House ef
Eepresentattves, i7s General assembly Dlet i;
SrcrIoN /. That the question whether or
not any person or persons, house, corpora
ton, company or association may be per-
mitted 70 sell any spurious, fermented or
intoxicating liquors of any origin whatever,
or alcoholic bitters at any time within the
limits of New Castle, Kent or Sussex coun-
ties, In this State, shall be submitted
to the qualified voters of said coun-
ties at an election to be held on
the second Tuesday of May In the year Of
our Lord, one thousand eight hundred and
elghty-three; and which election shall be
held IN accordance with, and subject TO, the
law governing the general election for men,
bcrs of the General Assembly, and the elec-
tion shall be held by the same persons who
held said last general election; and In gen.
eral the proceedings throughout, including
the filling of vacancies and canvassing the
votes shall be the same: and all laws now In
force for the punishment of false swearing
or fraudulent voting shall be applicable
TO the election herein provided
for. When the returns shall have been
oanyassed and the result thereof ascertained
IN each county respectively, a 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 purposes of this Act they shall be a
record OF the Court of General Sessions of
the Peace for such county.
SEC. 2. That the ballots for and against
such sale shall have written or printed
upon them, s'For the sale of intoxicating
liquors" or against the sale of intoxica-
ting liquors"
SEC. 8. That if it shall be found by the
returns of said judges of election that the
majority of all the votes cast in any or all
OF the said counties are against the sale Of
Intoxicating liquors, then it shall not be
lawful for any person or persons, house,
corporation, company or association to
sell, directly or Indirectly, at any place
or to give away aJ his, her, their, or its place
of business, within the limits ofsaid county,
any spurious, fermented, or intoxicating
liquors of any origin whatever, or alcoholic
bitters, after the - day of - A. ID. 1873 I;
but If it shall be found by the returns of the
said judges of election that the
majority OF all the votes cast as prescribed
IN the preceding second section, in any or
all OF the said counties have been cast for
the sale of intoxicating liquors, then the
same shall be sold or prohibited, as now per-
mitted or prohibited by law, and not other
wise, in any or all of said counties.
SEC. 4. That il any person or persons,
house, company, association or body corpo-
rate, shall sell, directly or indirectly, at any
place, or give away at his, her, their or its
place OF business, any spurious or fermented
liquors, or alcoholic bitters, or intoxicating
drinks Of any kind, within the limits OF any
of said counties where a majority
of all the votes cast, shall have been
cast against the sale of intoxicating liquors,
on or after the - day of - A. D., 1888 -,
he, she, they or it, SHALL on conviction there
of, forfeit and pay on the first conviction, a
fine of not less than 500, nor more than
$500, and the costs of prosecution, or in
stead of such fine, imprisonment in the
county Jail for 80 days, or both, in the dis
cretion of the Court; and on the second
and every subsequent conviction, not
less than $500 nor more than $500
fine, and in addition to such fine, imprison-
ment in the county jail for not less than &c
nor more than 80 days, in the discretion oi
the Court and on failure TO pay any such
fine as herein described, he, she, or they
shall be committed to the jail of said county
until such fine and costs are paid one-hali
OF the fine imposed for the violation of thic
act shall go to the informer, and the residue
To the school fund of the State.
SEC. s. Every sale, gift or disposal by
Gquors, shall be presumed to be made Of
the occupier of the premises where the same
was SO made. And wherever it would be
unlawful to sell, give away or dispose of In.
toxicating liquor to any person, It shall be
likewise unlawful, in the same manner, for
any other person to procure or aid in pro
curing 1t for such person. Primo
facie evidence that the business of selling ID
carried on In any house or place, may con
sist of the common or usual signs of thu
occupation also of the fact that the selle
pays tax to the United States on the bust
ness of liquor dealer, or selling liquors.
Sec. g. That nothing herein contained
shall be construed to prevent the compound
ing and sale of any such liquors for medi
einal purposes, by licensed pharmacist O
druggist, and upon written bona fde pre-
serption ola regular practieing physician
whose name shall be signed thereto; and all
such prescriptions shall be filed and kept
by such pharmacist or druggist; and nj
prescription shall serve for more than on
purchase, nor shall any such sale or pur
caase exceed one pint. But no physician
shall make or sign any prescription, unles
the person for whom 1t Is made ii
actually SICK and such liquor is absolutely
necessary as medicine. Any physician
who shall, after the said = day Of A. d
iSS make or sign any prescription for suci
liquor, except as aforesaid, shall be deemed
guilty of violation of this act, aud upoI
conviction thereof shall be fined not iess
than $50 nor more than 5000, for the tirst
oifense, and not less thIn $500 and not NOR,
than $500, for each subsequent offense, ant
II the buyer shall obtain a prescription b,
Misrepresentation, he shall likewise b,
deemed guilty of a violation of this act an(
upon conviction thereof shall be subject t.
to the same fine as the physician who shal
violate the same, the one half of said fine tt
be paid to the intormer, and the residue o.
the school fund of the State
SEC. T. In any case Of a second prosecu-
tion for violation of any provision of this
act, it shall not be necessary to so charge
the same In the Indictment hut 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. s. This act shall not be construed as
repeating former laws except SO far as iii
provisions may be msnliestly inconsistent
Herewith, but as additional and supple
mental thereto.
A FINE ESTABLISHMENT,