An Act to amend an act entitled, “An act to incorporate the House of 12 Vol. 600. Refuge of New Castle County." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Sec. 14 of Chap. 533, 12 ded. to locate SECTION 1. That Section 4 of the act entitled, An act to incor- Del, amenporate the House of Refuge of New Castle County be, and the Managers same is hereby amended by adding after the word "Wilmington," authorized in the fourth line of said section, the words, "or other place as buildings in the said Board of Managers shall determine." Passed at Dover, February 13, 1866. Wilmington or elsewhere CHAPTER 22. SALE OF INTOXICATING LIQUORS, &c. 12 Volume, 172. SEC. 1. Section 9, Chapter 108 of 12 Volume Penalty increased on ale-house keepers SEC. 1. Section 11 of said Chapter amended. 2. Publication in newspapers. An Act to amend an act entitled "An Act regulating the sale of Intorica-12 Vol. 172. ting Liquors, Sc.." passed at Dorer, March 6, 1861. 108 of 12 Laws, amen Penalty in SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Ses. Chap. Section 9 of said act be amended as follows: Strike out all after yol. Del. the word "of," in line 10 of said section, and insert the follow-ded. ing: "fifty dollars, besides costs, and in default of payment thereof shall be imprisoned not less than one nor more than six creased on months; and for the second offence shall forfeit and pay a fine of keepers se seventy-five dollars, besides costs, and in default of payment shall in any but be imprisoned not less than three nor more than twelve months; and for the third offence shall forfeit and pay a fine of one hundred dollars, besides costs, and in default of payment thereof shall be imprisoned not less than six or more than twelve months, sell malt liquors. Sec. 11 of amended. OF THE GENERAL POLICE. and such third conviction shall also ipso facto work a forfeiture of his or her license, and he or she shall not be re-licensed for the time of five years from the time of such third conviction. Also said Chap. amend Section 11 of said bill by striking out all after the word "of," in line 14 of said section, and insert the following: "one hundred dollars, besides costs, and in default of payment thereof shall be imprisoned not less than six nor more than twelve months, and for a second or any subsequent offence shall forfeit and pay a fine of two hundred dollars, besides costs, and in default of payment thereof shall be imprisoned not less than nine nor more than twelve months." Penalty in creased for out license Publication in news papers. SECTION 2. And be it further enacted by the authority aforesaid, That Sections 9 and 11 of the above-named bill, as amended, be published in all the papers of the State for three months, by the authority of the Secretary of State. Passed at Dover, February 13, 1866. horses where An Act to prohibit Cattle and Horses from running at large within certain limits within Kent County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That from and after the date of the passage of this act no cattle or Cattle and horses shall be allowed to run at large within the said county not to run at within a limit of two miles in every direction from the bridge over the Mispillion Creek, at the foot of Walnut street, in the town of Milford, in said county; and that cattle or horses so run ning at large within the said limits may be taken up by any white person who shall forthwith give notice to the owner or owners thereof; and if the owner or owners thereof shall be to large. Seizure. Notice to owner. OF THE GENERAL POLICE. Commission ers of Milford. ing. . him unknown, then notice shall be given to the Commissioners of the town of Milford, or to some one or more of them, and the conceito said cattle or horses shall in either case be delivered to the person whom the said commissioners may appoint to take charge of them. SECTION 2. And be it enacted, That it shall be the duty of the Commissioners of the said town of Milford to provide some suitable place for the safe-keeping of such cattle or horses as may be found running at large within the limits hereinbefore mentioned, and to appoint some suitable person to take charge of such place of impounding, whose duty it shall be to take proper care of all such cattle or horses as may be entrusted to him, and hupouudwho shall be responsible to the said commissioners for their safekeeping, who shall pay him out of the funds belonging to the said town such compensation as may be agreed on between them. SECTION 3. And be it enactel, That if the owner or owners of such cattle or horses so found and impounded shall, after said notice given, refuse or neglect to pay the fines and costs hereinafter imposed, then it shall be the duty of the clerk of the said commissioners, or the person having charge of the said place of impounding, to advertise the said cattle or horses for sale, giving Advertise five days notice from the time of said impounding to the day of ment of sale. sale, but if the person or persons owning the same shall, before the day of sale, pay all the fine and costs hereinafter provided, then the said cattle or horses sball be delivered up without sale. SECTION 4. And be it enacted. That when the cattle or horses so found running at large and impounded shall belong to or be in the custody or use of any person or persons residing within the said limits, then the fine for the first offence shall be one dollar; for the second offence, one dollar and fifty cents: for the third offence, two dollars; and for the fourth offence, three dol- or the fine. lars; and also for the said fourth offence, the cattle or horses so impounded shall be sold at public sale, after five days notice from the day of impounding, by the keeper of said place of impounding or by the clerk of the said commissioners, and after deducting all expenses of impounding, keeping and selling the said cattle or horses, the remainder of the amount for which the same shall sell shall be paid over to the owner or owners thereof. SECTION 5. And be it enacted, That when the cattle or horses so found running at large and impounded shall belong to or be in the custody or use of any person or persons residing outside of the limits hereinbefore named, then the fine for each and every of the tine of the cattle or horses so running at large and impounded, shall not residing be one dollar for each offence. SECTION 6. And be it enacted, That the Commissioners of the said town of Milford, for the time being, are hereby authorized within said limits. ers of Mil ford to im pose fine. OF THE GENERAL POLICE. Commission to impose the fines hereinbefore mentioned, upon proof being made before them that the provisions of this act have been violated, and also to tax such costs for impounding, keeping and selling such cattle or horses as may be impounded and sold as in their judgment may seem proper and right. to person SECTION 7. And be it enacted, That the fee of one dollar for Fee of $1.00 each and every of the cattle or horses impounded shall be paid taking up by the said commissioners to the person or persons who shall take them up and deliver them to the keeper of the place of impounding. estray. impounded. SECTION 8. And be it enacted, That any person or persons who shall wilfully, or forcibly, or unlawfully take from such place of Penalty for impounding cattle or horses therein placed, shall, upon complaint ing estrays by the person keeping said place of impounding, or by one of the commissioners of the said town, before any Justice of the Peace in and for Kent county, be fined the sum of ten dollars. half to be paid to the person making complaint, and the other half for the benefit of the said town of Milford, to be collected as all other fines and costs imposed by Justices of the Peace. SECTION 9. And be it further enacted, That it shall be the duty for the aforesaid Town Commissioners of the town of Milford to Pound mas appoint some person whose duty it shall be to impound all cattle ter, how ap- or horses which they may see running at large in the beforepointed. named limits, and the said person, so impounding, shall be His compen- entitled to one dollar for each animal so impounded, and shall be paid by the aforesaid town commissioners. sation. SECTION 10. And be it enacted, That all acts or parts of acts Inconsistent inconsistent with this act are hereby repealed, and this shall be deemed and taken to be a public act. acts repealed An Act to prevent Horses, Mules and Colts from running at large within the town of Lewes, in Sussex County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Horses, &c., the owner of any horse, mare, gelding, colt, or mule, who shall OF THE GENERAL POLICE. large ia suffer the same to be at large out of such owners or keepers in. not to run at closed grounds, within the limits of the town of Lewes, in Sussex Lewes. County, shall forfeit and pay to the State, one-half for the use of the Penalty. town of Lewes, and the other half for the use of the informer or person impounding any such horse, mare, gelding, colt, or mule, the sum of five dollars, to be recovered with costs of suit before any Justice of the Peace for said county. SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of any and every Constable resident in the said Town of Lewes, and of any and every officer of Police of the said town, upon information coming to their knowledge, either by personal observation or otherwise, of any violation of the provisions of the preceeding section, to cause said animal or animals of the kind above described to be forthwith impounded; Impounding notice of such impounding shall be given to the owner or owners Notice. thereof in writing, if known, and if not known by five notices posted in five of the most public places in said town, describing the animal by general description, and the owner shall in addition to the fine imposed by the first section of this act, pay to the officer impounding the same the sum of one dollar and all costs which may or has accrued for keeping the same. SECTION 3. And be it further enacted by the authority aforesaid, That if the owner or owners of any such stock so impounded, as provided by Section 2 of this act, do not before the expiration of five days from the time of the impounding of any stock in conformity with this act, come forward, prove their property and pay the person so impounding the said sum of one dollar and all costs, the officer shall advertise the property for sale by giving of sale. public notice thereof for the space of ten days, posted three in the town of Lewes, and three others in Lewes and Rehoboth hundred. The sale shall be by public auction, and the money arising from the sale thereof, after deducting all costs and fees, shall be paid over to the owner of such stock so sold, and if the person to whom the same belongs shall refuse to accept the same, the officer having it in charge may deposit the same in the Farmers' Bank of the State of Delaware, at Georgetown, or, when changed, the National Bank at Georgetown, or by whatever name it may be called, to the credit of the person entitled to the same, and such deposit shall discharge and acquit the officer from all liability to that extent. Passed at Dover, January 30, 1866. |