Evening journal., 1917-02-27

proved that the automobile, motor
cycle carriage. wagon, boat vessel. or
other conveyance in which the said H. /
Quors are carried, transported. trans /
ferred or delivered, contrary to law, /
was hired and that the owner OF the 4
same was not a party 10 the act and I
before hiring the said conveyance /
made diligent inquiry and exercised |
reasonable care TO discover whether /
the said conveyance was to be used |
for the carrying, transporting, trans
ferring or delivering OF liquors. in vio- !
lation of law, that in such case the |
said conveyance shall not be forfeited |
as aforesaid.
It is further expressly provided that |
no provision of this section is intend |
ed or shall be construed to violate or
be In conflict with any provision of
the Constitution and laws OF the Uni
ted States respecting interstate COM
merce; but this section and all parts
OF the same are intended to prohibit
tho carrying, transporting transfer
ring, delivering or distributing as
herein provided Of liquors to such OK
tent only as the same is not exactly
permitted under the Constitution and
laws Of the United States II any pro
vision OF this section shall be held to
DO void and unconstitutional, IL IS
hereby provided that all other points
OF the same which are not expressly
held to be void or unconstitutional
shall continue in full force and effect.
8. The provisions OF this act shall
not he construed to prevent any one
from manufacturing from native
| fruits. for his own domestic consump-
! ton p4ne or cider or possessing the
! same; or TO prevent tho sale. keep
| ing and storing for sale by register
ed pharmacists of liquors for medi-
! zeal purposes, or any United States
pharmacopeoia or national formulary
| preparation in conformity with the
pharmacy laws Of the state OF Della
ware. or any preparation which Is eX-
empted by the provisions OF the ma
| tional pure-food law and the sale OF
which does not require the payment
| Of a United states liquor dealers tax.
6. II shall be unlawful for any per-
son within tho State Of Delaware
wherein tho sale of liquors is unlaw-
ful TO advertise or give notice by
signs, billboards. for himself or an
anther, of the sale or keeping for sale
OF liquors, or to circulate or distri-
butte any price-lists. circulars, or or
der blanks advertising liquors or pub
fish any newspapers, magazine, per-
iodicals or other written or printed
papers In which such advertisements
or notices are given. or to permit
any such notices or any advertisement
OF liquors dncluding billboards) TO be
posted upon his premises, or premises
under his control, or 10 permit the
same TO so remain upon such prem
! ises: and any one guilty OF tho viola
lions Of the provisions OF this section
shall, upon conviction thereof, be fined
not less than fifty dollars tS5O.OO) MOI
! more than fivo hundred dollars
. (S500.O0).
z. Every Justice of the peace, upon
information made under oath or ex-
animation that any person is manu-
featuring. selling, offering or expos
ing. keeping or storing for sale or
barter. contrary to law any liquors
or that the afiiant has cause 10 believe
and does believe that such liquors are
being manufactured sold. offered,
kept or stored for the sale or bar
ter in any house. building or other
place named therein. contrary TO the
provisions of this act, shall issue his
warrant requiring the persons sus-
r pected TO be arrested. and the said
. home. building or other place TO be
. searched, and the parties found there
I in to be arrested and brought before
r him as Aforesaid and In such warrant
a shall require tho officer TO whom II Is
o directed to seize and hold all liquors
d found in such house or building, anG
IT also vessels. bar hXtures, screens
II glasses, bottles, jugs. and other an
l. purtenances apparently used in th
sale. keeping or storing OF such il
" Quors contrary 10 law
10 8. II upon examination Of such per
,r son, II shall appear 10 such justice
Nv that there Is probable cause 10 believ
ne him guilty Of the offense charged. IN
hi, accused shall be required to enter n
ar to a recognizance. with sufficient s.,
A. curities, in the sum Of not less tina
n five hundred dollars CS500OO). TO al
~ pear before the next term Of the cou
,e OF general sessions TO answer an II
IN dictment If one be preferred again
81 him; and upon his failure to emit
re into such recognizance. the iusti
h shall commit him to Jail to answ
a. snch Indictment All material wi
A. nesses may also be required TO ent
n into a recognizance with or witho
m securities, as such justice may dee
n proper. 10 appear before the graz
N Jury at the next term Of such cou
> and give evident against the accuse
. and such Justice shall require the a
i cused 10 give bond with sufficient S
Il curity in the sum Of five hundred dc
n lars (S5OO.O0), conditioned that he W
n not violate any OF the provisions
i this act, during the time interveniI
q between the date Of such bond al
a the adjournment OF the next cour
> and upon his failure to give sue
3 bond the Justice shall commit him
s. Jail until such bond be given or III
Or iii he be discharged thercfrom by d.
es process OF law.
p 3. Whenever liquors shall be seize
SIT IN any room, building or place whiC
at has been searched under the prov
~. slons OF this act. tho finding Of liquol
OK IN excess Of the quantity permitfe
ny TINS act IN such room. or of
9ls' United States retail liouor dealer
IN TAX receipt therein ehaIl ba ,rir-
49, iaele evidence OF the unlawful eellir
ms and keeping and storing for sale .
u1n the same by the person or rrovoiso
OF by any person named IN a.. 49,
Try United States tax recent nosteS
de- such room. or his associates ..o,,t-
this employees hereunder. and The ,ror,
Tcle. etor or other persons in charee - 4
Their premises wehere such LIQUORS ne
the found, or who Is so named a, -,
This United States tax recent ana i