cents, and for issuing an order pursuant to Section 14th or Section 15th, fifty cents; and the officer who shall make service of any warrant for the seizure of liquor shall be allowed for the same one dollar; for the removal and custody of liquor so seized, his reasonable expenses and one dollar; for the delivery of any such liquor, under order of the Court, one dollar, and for posting and leaving the notices required by Section 13th of this Act, one dollar.

SEC. 26. BREACH OF TRUST IN THE AGENT.-The Selectmen of every Town whenever complaint shall be made to them that a breach of the condition of the bond given by an Agent, appointed by them under this Act, has been committed, shall notify such Agent of such complaint, and if, upon hearing of the parties, it shall appear that any such breach has been committed, they shall revoke said Agent's appointment; and whenever such breach is in any way made known to the Selectmen, or any one of them, they or he shall, at the expense and for the use of said Town, cause the bond to be put in suit.

SEC. 27. PAYMENTS FOR LIQUOR ILLEGALLY SOLD.-All payments or compensations for liquor hereafter sold in violation of this Act, whether such compensations be in money, goods, land, labor, or any thing else, shall be held to have been received in violation of law, and against equity and good conscience, and to have been received upon a valid promise and agreement of the receiver, in consideration of the receipt thereof, to pay to the person furnishing such consideration on demand the amount of said money or the just value of such goods, land, labor, or other thing. All sales, transfers, conveyances, mortgages, liens, attachments, pledges, and securities of every kind, which either in whole or in part shall have been made for, or on account of spirituous or intoxicating liquor sold in violation of this Act, shall be utterly null and void against all persons in all cases, and no rights of any kind shall be acquired thereby: and no action of any kind shall be maintained in any Court in this State for spirituous or intoxicating liquor or mixed liquor, of which part is spirituous or intoxicating, sold in any other State or Country contrary to the law of said State or Country, or with intent to enable any person to violate any provision of this Act; nor shall any action be maintained for the recovery or possession of spirituous, or intoxicating, or mixed liquor, or the value thereof, except in cases where persons owning or possessing such liquor with lawful intent, may have been illegally deprived of such liquor. Nothing in this Section, however, shall affect in any way negotiable paper in the hands of a bona fide holder thereof, who may have given valuable consideration therefor without notice of any illegality in its inception or transfer, or the holder of land or other property, who may have taken the same in good faith without notice of any defect in the title of the person from whom it was taken; and all other Sections of this Act, and all evidence given under them, shall be construed in the same way as they would be construed if this Section were omitted from this Act, and have the same effect.

SEC. 28. PURCHASE OF LIQUOR FOR AGENTS.-The Selectmen of every Town shall have power (unless otherwise directed by vote of the Town), from time to time, to draw from the Town Treasury such sum as in their judgment shall be necessary for the purchase of spirituous or intoxicating liquor, by the Agent or Agents of such Town, to be by him sold under the provisions of this Act. But such Town may, by vote of any Town Meeting, duly called for that purpose, direct as to the amount of money which may be drawn from the treasury for the purpose aforesaid, and the time or times when such drafts may be made. And no Agent appointed under this

Act shall have power on behalf of any Town to contract any debt for spirituous or intoxicating liquor which shall be to any extent binding on such Town.

SEC. 29. PENALTY FOR INTEMPERANCE.—If any person shall be found intoxicated, he shall, on conviction thereof, pay a fine of twenty dollars to the Treasury of the Town in which the offense is committed, together with the costs of his prosecution, and stand committed until the judgment be complied with.

Every prosecution for the violation of this section shall be heard and determined by a Justice of the Peace in the Town where the offense is committed, but the person convicted on such prosecution may appeal from the judgment of such Justice to the next County Court in the County, provided that upon such appeal he shall give such bond of recognizance, with surety, as such Justice shall order, to the Treasurer of the County wherein the offense was committed, conditioned for his appearance before said County Court, to answer to said complaint, and for his abiding the judgment that may be rendered by said Court thereon, and if, in case of conviction for said offense, either before said Justice or before said County Court, the person so convicted shall fail to pay the fine imposed and the costs of his prosecution, he shall be committed to the common jail of the County, and shall not be released until he shall have been imprisoned for thirty days at least.

SEC. 30. REPEAL OF FORMER ACTS.-The 134th Section of the Act entitled "An Act Concerning Crimes and Punishments," and all other Acts and part of Acts inconsistent with this Act, shall be repealed when this Act goes into operation.

Provided, that all prosecutions which shall have been commenced at the time this Act goes into operation shall be carried on to final judgment and execution, as if this Act had not been passed.

SEC. 31. PERIOD OF ENFORCEMENT.- -This Act shall take effect on the 1st day of August, A. D., 1854.

AN ACT IN ADDITION TO AN ACT FOR THE SUPPRESSION OF INTEMPERANCE.

WHEREAS, In the city of New London and in certain other cities, jurisdiction in certain criminal cases now is, or may hereafter be committed by law to police courts, or to other courts, or to mayors, aldermen, or other officers authorized to act judicially in such cases; therefore,

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

SEC. 1. POLICE COURTS.-In all cities, the judges of said police courts and of said other courts, and the said mayors, aldermen, and other officers, who now have or may hereafter have jurisdiction in any criminal cases, shall severally and individually have and exercise within their respective cities, concurrently with Justices of the Peace, on and after the first day of August, 1854, the same criminal jurisdiction and the same powers and du

ties which Justices of the Peace in the several towns will, after said first day of August next, have and exercise under the provisions of "An Act for the Suppression of Intemperance," passed at this present session, and such other acts as have been or shall be passed in addition to or in alteration thereof. And from the judgments of such judges, mayors, aldermen, and other officers, an appeal may be taken to the County Courts in the same manner and upon the same conditions as from the judgments of Justices of the Peace in like cases under said Act; and such appeals shall be by said County Courts disposed of in the same manner as appeals from the judgments of Justices of the Peace under said Act.

SEC. 2. JUSTICES OF THE PEACE.-Notwithstanding the provisions of "An Act to amend the Charter of the City of New London," passed at this present session, and notwithstanding the provisions of any other private or public act to the contrary, all Justices of the Peace residing within any city shall, after said "Act for the Suppression of Intemperance" shall have taken effect, have and exercise the same criminal jurisdiction and the same powers and duties which Justices of the Peace in the several towns may then have and exercise under the provisions of said last-named Act, or any other Act in addition to or in alteration thereof.

SEC. 3. BURNING FLUIDS, PERFUMERY, ETC.-Nothing contained in the Act to which this is an addition shall be so construed as to prohibit the manufacture, or keeping for sale, or sale, of Burning Fluids of any kind, Perfumery, Essences, Chemicals, Dyes, Paints, Varnishes, Cosmetics, Solutions of Medicinal Drugs, medical compounds, or any other article which may be composed in part of alcohol or other spirituous liquor, if not adapted to use as a beverage.

Provided, however, that if such article is capable of being used, or is intended to be used as a beverage, or in evasion of said Act, the manufacture or keeping for sale, or sale thereof, shall be deemed a violation of said Act.

SEC. 4. PROSECUTION OF CONVICTED DRUNKARDS.-The seventeenth section of said Act shall not be so construed as to authorize the forcible detention of the person taken intoxicated, after he shall have recovered from his intoxication, until the trial before the Justice of the person or persons against whom his disclosure shall be made; but if such person, upon recovering from his intoxication, shall not voluntarily consent to go and go with the officer and make the disclosures contemplated in said section, and shall not thereafter voluntarily remain in the custody of such officer or some other proper person by said officer designated, until such trial, he shall be forthwith prosecuted for his intoxication under the twenty-ninth section of said Act; and any officer who by said seventeenth section is authorized to arrest such intoxicated persons, may make complaint against and prosecute such person for such intoxication.

Approved June 30, 1854.

STATE OF CONNECTICUT, SS.
Office of Secretary of State.

I hereby certify that the foregoing is a true copy of record in this office. In testimony whereof I have hereunto set my hand and affixed the seal of said State, at New Haven, this 30th day of June, A. D., 1854.

[L. S.]

Ó. H. PERRY, Secretary of State.

THE

PROHIBITORY LIQUOR LAW

OF

DELAWARE.

AN ACT FOR THE SUPPRESSION OF INTEMPERANCE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. SELLING LIQUOR A MISDEMEANOR.-No person shall sell ly himself, his servant, or agent, or as the servant or agent of another, directly or indirectly, any intoxicating liquor, except as hereinafter provided. Every person who shall in violation of this Act sell any such liquor shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof by indictment, forfeit and pay for the first offense a fine of twenty dollars besides costs of prosecution, and in default of payment shall be imprisoned twenty days; and for the second and every subsequent offense, shall forfeit and pay a fine of fifty dollars besides costs, and be imprisoned not less than ten nor more than sixty days. In any prosecution for a violation of this section, proof of the disposal of any such liquor by any person being the keeper of, or interested in any tavern, store, boarding-house, eating-house, oyster-house, or other place of public entertainment or resort, or by any person in his behalf, shall be deemed and taken as prima facie and presumptive evidence that such liquor was sold contrary to the provisions of this Act.

SEC. 2. GIVING LIQUOR TO INTOXICATED PERSONS A MISDEMEANOR. -No person shall willfully give, or in anywise dispose of, any intoxicating liquor to any intoxicated person, or person of known intemperate habit, for use as a beverage. Every person who shall violate any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, shall for every offense forfeit and pay a fine of not less than ten nor more than fifty dollars besides costs.

SEC. 3. KEEPING FOR SALE A MISDEMEANOR.-No person shall own or keep any intoxicating liquor with intent to sell the same, or permit the same to be sold in violation of this Act. Every person who shall own or keep such liquor with any such intent shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof by indictment, forfeit and pay for the first offense a fine of twenty dollars besides costs of prosecution, and stand committed until such fine and costs be paid; and for a second or other subsequent offense, shall forfeit and pay a fine of fifty dollars besides costs, and be imprisoned not less than ten nor more than thirty days. In any prosecution for a violation of this section proof of the possession of such liquor

by the accused in any tavern, store, eating-house, oyster-house, or other place of public entertainment or resort, or in any dependency thereof, or on premises belonging thereto, except only in a private dwelling-house, shall be taken and acted on as presumptive and prima facie evidence that such liquor was kept for sale contrary to the provisions of this Act.

SEC. 4. MANUFACTURE BY AUTHORITY.-The Associate Judge of the Superior Court may, by his certificate, give to any person who is a qualified voter of the County in which such Judge resides, applying in writing therefor, authority to sell intoxicating liquor, manufactured by himself, from fruit or grain, being the growth of land in this State, owned or occupied by him, in any quantity, to such person only as shall be duly authorized to sell the same under the provisions of section 5 of this Act. Every other sale by any manufacturer shall be considered an unlawful sale within the meaning of this Act, and any act which would be deemed and construed a sale under this Act, when done by any other person, shall be deemed and construed to be a sale when done by such manufacturer. The application must specify, and the certificate designate, the place where the liquor is to be manufactured and sold.

SEC. 5. SALE BY AUTHORITY.-Any person who is a voter in the hundred in which he intends to sell intoxicating liquors may apply in writing to the Associate Judge resident in the same County for a certificate authorizing him to purchase and sell such liquors for mechanical, chemical, and medicinal purposes only, and pure wine for sacramental use. Such application shall set forth the Hundred, and particularly describe the premises and place in which he intends to sell such liquor, and any certificate granted shall authorize him to sell such at such place and for such purpose only. Of the persons so applying, the said Judge may designate and grant such certificate to any number not exceeding three in any one Hundred, and not exceeding five in the City of Wilmington. No person who uses such intoxicating liquor as a beverage shall be entitled to receive such certificate, nor any person who is at the time a keeper of, or interested in, any tavern, boarding-house, eating-house, oyster-house, or other place of public entertainment, recreation, or amusement, and if at any time during the term for which the said certificate shall have been granted such person shall so use such liquor, or become the keeper of, or interested in, any tavern or other house or place as above mentioned, the said certificate shall become and be utterly void, and shall thenceforth furnish no excuse or justification to such person in any proceedings for a violation of any of the provisions of this Act. Every person authorized to sell intoxicating liquor under the provisions of this section shall keep a book of purchases and sales, in which he shall enter separate accounts thereof, specifying the kind, quantity, and cost of each purchase made by him, the name of the person from whom each purchase was made and the date thereof; the kind, quantity, and price of each sale made by him, the purpose for which, the name of the person to whom, and the time when sold, which book shall, at all times during business hours, be open to examination by any Judge, Justice of the Peace, or Grand Juror of the County. He shall sell such liquor at not more than fifty per cent. advance upon the cost thereof, and shall file, in the office of the Clerk of the Peace of the County in which he resides, not less than ten nor more than fifteen days before the expiration of each quarter of the year for which his certificate is valid, an account of such purchases and sales made by him, containing kind, quantity, and price, verified by affidavit that the same is a correct account of the purchases and sales made by him during the current quarter, and since the filing of the last account, according to