Year: 1873

We do not think the new license law has been
c,early reported Ii is quite long and most of its
features quite different from former acts.


1t is somewhat surprising that the Legislature
should make such an entire change in one of the
leading laws of the State, and not order its pubi-
cation one Two weeks in the newspapers Of each
county. The exemption law was ordered to be
published month. and it is no more important
than the Hotel License Law. The Legislature
should have Published the law by all means in the
newspapers; il it had only ordered it in one o.
two issues the public interest would have been
served. 1t Is unfair to keep the people in ignor-
ancs of q law that is to be SO summarily enforced


The following are the main features of the bill


SECTION 10. Any person of full age and good
moral character desiring license to keep an inn
or tavern ard TO sell intoxicating liquors IN less
quaint ties than quart, to be drunk on the pre-
lnIses. may he licensed 10 do SO when the follow
ing conditions have been strictly complied with


l. He shall make application therefor in writ
ing and Gle the same with the Clerk of Peace of
the proper county at least thirty days before the
then next session OF the Court of General Sessions
Of ths Peace and J all Delivery, clearly stating
that he is person o. full age, that he is deslrous
to keep an inn or tavern at some place to be par
tculaTly designated in the school district, ward
if the City of Wilmington; that he is the owner
tenant of suitable heuse for that purpose ana
the yearly rental value thereof; that he is pre-
Vided Ia said house with at least two suitable
rooms and at least four comfortable beds for the
exclusive use of travellers and guests and stabing
and provender for at leat four horses that an inn
tavern at the poiRt designated is necessary for
the accommodation of the public: PrOrideG hOlD-
euey, That the provisions OF this section IN rela-
ton to rooms beds, stabling, prOvender and horses
shall not apply 10 cities and towns containing
more than two thoussnd inhabitants.


. He shall publish his intention to make such
application for at least three times in two news
papers OF hls county-if so many there be-the
last OF which pubLcatons shall be at least ten days
before the sitting OF the court to which the same
is to be presented. This notice shall clearly set
fourth the name Of the applicant and the location
Of the proposed inn or tavern; the time when the
application win be made, and the names Of the
treeholders recommending tue same.


SECTION IL. That the Clerk Of theiPeace of
the county in which the applicant for license
aforesaid proposes to keep an inn or tavern or
restaurant shall lay before the said Court OF
of General Sessions OF the Heace and Jail De


livery all applications Tor the license aforesaid
together with the certificate and TecOmmen-
dRtiOn accompanying the same filed IN his
ONCE on the first day of the term of said court
next succeeding the date OF such application.


SECTION l2 The court may or may not, at
their discretion, approve of any such applica-
tion, and in order TO satisfy themselves fully
in regard to the prOpTiety of approving the
same may receive TemOnstrances and hear
evidence and arguments Tor and against the
same under such rules as said court may deem
proper, and may establish general rules for
that purpose. If any application shall be ap-
proved as herein provided, the court shall en-
dOrse the word approved thereon and sign
the same with the date Of such approval. II
not approved the said court shall endorse
thereon the words :" not approved" and sign
the same. 1t shall be the duty Of the Clerk of
the Peace immediately after any such appli-
cation has been so approved, to issue proper
license to said applicant for the term of one
year from the date OF approval in the same
manner as is now done.


SECTION IL. Any person found drunk or ex-
cited by liquor and noisy on the street high
way OF other public place, may he arrested bV
any officer with OF without warrant and takei,
before any Justice Of the peace or other COM
mitting magistrate, who shall Immediately
convey him to the nearest jail or IOck.up. the
keeper OF which shall receive and detain him
until legally discharged, aud when no com-
mitting magistrate Is convenient, or Such
drunken person is riOtOHs or there is danger of
a breach of the peace, he may be conveyed
and lodged in SHeh jail or lookup Withsut any
commitment whatever in this case however
he shall not remain in custody more than
tWenty-fOur hours without being brought be-
fore some magistrate for hearing when 50
brought up for hearing lie may be recommitted
for period not exceeding i've days, discharg-
ed On payment Of costs or fined In sum not
exceeding ten dollars and costs, and ii shall be
the duty Of every sheriff, coroner, constable,
policeman and their deputies, 10 enforce the
provisions of this section strictly, and fail
ure to do 80 shall DO d inisdemeanOr, and on
conviction thereof every such officer SO fail
ing shall forfeit and pay fine OF not less than
fifty nor more than one hundred dollars.


3. At the same time he shall also file with
his said application certificate OF twelve sub
stantial freeholdeTs Of the school distric. In
which he proposes to keep such inn or tavern,
or tWenty-fOur such freehO!ders Of the ward
il in the city Of Wilmington, which certificate
shall clearly stats that the applicant is q per-
son OF full age; that he Is man OF sobriety
and goen moFaI character that an inn or taV-
ern is necessary at the point designated to ae-
cpmmOdate the public that the applicant Is
the owner OF tenant Of the house 10 which he
proposes 20 keep the same, and the true rental
value thereof that he has in said house at ,
least two suitable r00ms and fOnr comfortable
beds for the exclusive use Of travellers and
guests and stabinQ and pT0Vender for at least
four horses: Pr0Vidod. kOs0ssSr, That the pro- |
visions of this section ia relation 70 rooms, |
beds, skablinR, prOvender and hOrsea shall not |
apply to cities or towns containing more than /
two thousand inhabitants. This certificate |
and recommendation shall be signed with the /
wrawnP ai0u0fuPaa and In fhA nrOnnr hand u