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OF THE SALE OF INTOXICATING LIQUORS.

CHAPTER 555.

1

OF THE SALE OF INTOXICATING LIQUORS.

A FURTHER SUPPLEMENT to the act entitled An Act to regulate

the sale of intoxicating liquors, passed at Dover, April 10, 1873.

violating
this law.

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

SECTION I. That it shall be unlawful for any druggist to Drugoists to sell intoxicating liquors in any quantity or to any amount, to sell liquor without having first obtained a license to sell the same; and it shall likewise be unlawful for any druggist licensed to sell intoxicating liquors to sell the same otherwise than upon the Urlawful to written order or prescription of a regular practicing physi-spot prept cian, which order or prescription shall state that such liquor scription of

. is necessary for medicinal purposes, and such prescription or order shall not justify more than a single sale, and all such orders or prescriptions shall be pasted or fastened by said Orders to bo druggist in a suitable book or docket, and kept by him for ook and the free inspection of the public. Any person violating the inspection. provisions of this Section, or either of them, shall be deemed Penalty for guilty of a misdemeanor, and upon conviction by indictment shall forfeit and pay a fine of one hundred dollars for each offence.

SECTION 2. The price of a license to keep an inn or tavern in cities or towns having ten thousand inhabitants and Prince of upwards, shall be three hundred dollars, and at all other inn

or places two hundred dollars. The price of a license to sell intoxicating liquors to a druggist shall be twenty dollars, and the price of such a license to a retailer of goods, wares, and merchandise, shall be one hundred dollars. The number of inhabitants for the purposes of this section, shall be ascertained from the last census preceding the application. In all cases where applications are pending at the passage of this act, the applicant may, on the first day of the term of the court, pay to the Clerk of the Peace such additional sum as shall be necessary to make up the price of the license by this section prescribed, with the like effect as if the whole sum had been paid thirty days before the Court.

SECTION 3. The certificate now required by the liquor

tavern.

OF FISH, OYSTERS AND GAME.

licensed

law shall not have screens, frosted

Certificates license laws of this State, shall from and after the passage of by at least this act, be signed by at least one-half of said signers, subfreeholders. Staatial freeholders. Persons

SECTION 4. Every person licensed under this act shall under this keep his principal place of business, so as to be seen fully and

easily by passers-by, and shall not obstruct such view by

screens, blinds, inside shutters, frosted glass, or any other dewindows, de vice, of whatsoever kind or character. Any violation of this

section shall be a misdemeanor, and upon conviction thereof shall forfeit his license, and pay a fine of not less than fifty nor more than one hundred dollars.

SECTION 5. That the provisions of any existing law inconsistent with this act, be and the same are hereby repealed. SECTION 6.

This act shall not go into effect until the first day of July, A. D. 1889, after which date it shall be in full force and virtue.

Passed at Dover, April 24, 1889.

CHAPTER 556.

OF FISH, OYSTERS AND GAME.

AN ACT for the protection of fish in the waters of Indian River, Rehoboth

Bay, and the tributaries thereof.

Be it enacted by the Senate and House of Representatives

of the State of Delaware in General Assembly met: Unlawful

SECTION I. That from and after the first day of July, for any pera 1889, it shall be unlawful for any person or persons to catch

or take any fish in the waters of Indian River, Rehoboth Bay, or any tributaries thereof, by means of any drag seine of less size bar than one and one-eighth inches; and it shall also

be unlawful for any person or persons to haul any drag seine Bay.

of less size bar than one and one-eighth inches after the said first day of July, 1889, in any of the said waters of Indian River, Rehoboth Bay, or any tributaries thereof.

SECTION 2. That any person or persons violating any of

with less size bar than 1 inches in Indian River or Rehoboth

OF FISH, OYSTERS AND GAME.

the provisions of this act shall be deemed guilty of a common Penalty for nuisance, and upon conviction thereof, before any Justice of the law. the Peace in this State, shall be fined ten dollars for each and every offence. SECTION 3.

That the Justices of the Peace in this State Justices of shall have plenary jurisdiction of all offences against the pro- to have visions of this act, and upon affidavit made that a person has juris liction violated any of the provisions of this act, it shall be the duty of any Justice of the Peace in the county in which the of, fense was committed forth with to issue his warrant, directed to the sheriff or to any constable, commanding him to arrest any person so charged and to bring him forthwith before such justice for trial; and if upon such trial the said justice shall find that the person arrested has violated any of the provisions of this act, and such person shall fail to pay forthwith the fine imposed by said justice in accordance with the provisions of this act, together with the cost of prosecution, such person shall be committed by said justice to the custody of the sheriff for ten days, unless said fine and costs be sooner paid.

Passed at Dover, March 7, 1889.

CHAPTER 557.

OF FISH, OYSTERS AND GAME.

AN ACT to repeal Chapter 248, Volume 18, Part 1, Laws of Delaware,

entitled “An Act in Relation to the Dredging of Oysters."

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

SECTION I. That Chapter 248, Volume 18, Part 1, of the Chapter 243, Laws of Delaware, be and the same is hereby repealed.

Passed at Dover, March 29, 1889.

of Delaware repealed.

OF FISH, OYSTERS AND GAME.

CHAPTER 558.

OF FISH, OYSTERS AND GAME.

AN ACT for the proteciion and increase of Food Fish in Delaware

Waters.

nets for catching shad in certain limits.

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

SECTION 1. That from and after the passage of this act it Unlawful to set stake

shall be unlawful for any person or persons to set stake nets for catching shad anywhere along the shore of Delaware Bay within the following named limits, viz. : Commencing one mile North of Blackbird Creek on the North and extending one mile south of Mispillion River on the south and all included between these two points, and this prohibition also in

cludes all creeks or rivers within these limits from the mouth Violation of to the headwaters of the same. Any person violating this

provision shall be deemed guilty of a misdemeanor and upon

conviction thereof, before any Justice of the Peace, or by inToone fined dictment, shall be fined not less than ten nor more than fifty

dollars with costs of prosecution, and in default of paying the same may be committed to the common jail of the county in which the offense is committed.

this section a misdemeanor.

viction.

tain waters from 12 o'clock

on

SECTION 2. It shall be unlawful to fish with float seines or other devices for catching shad, during the shad season within a halt mile of the mouth of any creek or river within the limits named in Section One.

SECTION 3. It shall not be lawful for any person or perUnlawful to fish in cer- sons to fish either in the Bay or any of the creeks or rivers

emptying into the Bay, within the limits described in Section

One, from Saturday, 12 o'clock, meridian, until Monday, 12 Saturday o'clock, meridian. Any one fishing within these limits or clock on placing any obstruction in the creeks or rivers to catch or

prevent the fish ascending the streams during the time named in this section shall be deemed guilty of a misdemeanor and upon conviction thereof, before a Justice of the Peace, or by indictment, shall be fined not less than ten nor more than fifty dollars, with costs of prosecution.

o'clockin Monday.

OF FISH, OYSTERS AND GAME.

SECTION 4. The season for fishing for shad shall close Season for within the limits named in Section One on the twentieth day to close on of May of each year.

May 20th, SECTION 5. The Governor may appoint a policeman, re- Governor siding in the vicinity of Bowers' Beach, whose duty it shall poin tapo be to diligently inquire for violations of the provisions of this policeman. act, whether in the Bay, creeks or rivers, and when such are brought to his notice, it shall be his duty to prosecute the same and failing to do so may himself be fined for neglect of duty. His duty for this service shall commence on March twentieth and close on June first. He shall receive for his services two dollars per day, while employed. The fines, if any are collected, may be applied to the salary of the police- compensaman as far as they will go, the balance to be paid from the tion. revenue from oysters.

Passed at Dover, April 1, 1889.

CHAPTER 559.

OF FISH, OYSTERS AND GAME,

AN ACT to amend Chapter 302, Volume 18, Laws of Delaware.

SECTION 1. Be it enacted by the Senate and House of
Representatives of the State of Delaware in General Assem-
bly met:
That the words four hundred dollars in line four of said

Chapter last resolution be and the same is hereby stricken out, and the 32. Vol. 18, words six hundred dollars be and the same is hereby substi- Delaware tuted in lieu thereof.

Passed at Dover, April 1, 1889.

amended.

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