OF THE GENERAL POLICE. CHAPTER 51. TITLE EIGHTH. OF THE GENERAL POLICE. CHAPTER 51. General provisions respecting the police. Chap. 224, vol. 19; Chap. 33, 35 and 98, vol. 12; Chap. 415, vol. 14; Chap. 48, vol. 16; Chap. 145, vol. 13; Chap. 630, vol. 17; Chap. 639, vol. 19; Chap, 414, vol. 14; Chaps. 382, 381 and 383, vol. 16. CHAPTER 52. Of free negroes and molattoes. Omitted. CHAPTER 53. Of taverns, ale houses and victualling houses. Chap. 417, vol. 14; Chap. 194, vol. 15; Chap. 418, vol. 14; Chap. 646, vol. 19, Chap. 49, vol. 16; Chaps. 555 and 554, vol. 18; Chap. 384, vol. 16; Chaps. 83 and 503, vol. 17; Chap. 555, vol 19. CHAPTER 54. Of jails and work houses. Chap. 649, vol. 19; Chap. 550, vol. 16; Chaps. 278 and 670, vol. 19. CHAPTER 55. Of fish, oysters and game. Chap. 135, vol. 19; Chap. 551, vol. 12; Chap. 3, vol. 16; Chap. 653, vol. 19; Chap, 111, vol. 16; Chap. 507, vol. 17; Chap. 100, vol. 18; Chaps. 655, 136 and 137, vol. 19; Chaps. 97, 567 and 566, vol. 18; Chap. 388, vol. 16; Chap. 568, vol. 18; Chap. 525, vol. 11; Chaps. 68, 72 and 419, vol. 14; Chap. 387, vol. 15; Chaps. 99, 102, 240 and 556, vol. 18; Chaps. 650, 134 and Chap. 863, vol. 19; Chap. 558, vol. 18, Chap. 652, vol 19; Chap. 391, vol. 16; Chap. 564, vol. 18; Chaps. 651 and 130, vol. 19; Chap. 435, vol. 13. CHAPTER 56. Of boundaries. Chaps. 657 and 658, vol. 19. CHAPTER 57. Of fences. Chaps. 444 and 445, vol. 13. Chap. 31, vol. 17; Chaps. 689 and 677, vol. 19; Chap. 228, vol. 11; Chap. 110, vol. 15; Chap. 550, vol. 17; Chap. 579, vol. 18; Chap. 85, vol. 16; Chap. 672, vol. 19; Chap. 116, vol. 17; Chap. 407, vol. 15; Chap. 674, vol. 19; Chap. 117, vol. 17; Chap. 118, vol. 18; Chap. 678, vol. 19; Chap. 137, vol. 18; Chap. 444, vol. 16; Chap. 574, vol. 18; Chap. 671, vol. 19. CHAPTER 61. Of mills. OF THE GENERAL POLICE. CHAP. 51. CHAP. 102, VOL. 12. CHAPTER LI. GENERAL PROVISIONS RESPECTING THE POLICE. SEC, 1. Shows. &c., prohibited, without license; fine $50. License; by whom granted; tax; exceptions. 2. Penalty for permitting shows. Act concerning shows in Wilmington; Prohibition of horse-racing; cockfighting, &c. Indictment must be found within six months. 4. Penalty for holding fairs. 5. For firing guns, &c., in towns, 6. For firing chimneys in towns. 7. Towns may elect commissioners on the first Saturday in April. Their powers; appropriation of penalties. Justice of the peace to hold election. to be held with SECTION 1. If any person shall, for money, or other reward, Shows, &c., not in any city or town in this State, exhibit any images, or pageantry, out license. sleight of hand, tricks, puppet shows, or circus, any feats of balancing, personal agility, strength, or dexterity, or any theatrical exhibition, without license first obtained as herein provided, he shall for- Fine $50. feit and pay fifty dollars to any one who will sue for the same. granted. The mayor of any city, the commissioners of any town, or if By whom there be no commissioners, any justice of the peace residing in or nearest to such town, may grant a license for such exhibitions, onreceiving for the use of such city, or town, such sum as they may Tax. deem proper, not less than five dollars, for every such exhibition. This section does not extend to any permanently established Exceptions. museum, nor to any merely literary, scientific, or musical exhibition. permitting such SEC. 2. If any person shall wilfully suffer any exhibition, con- Penalty for trary to section 1, to be had, or made, in any house, or upon any shows. premises in his possession, he shall be deemed guilty of a misdemeanor, and shall be fined fifty dollars. CHAPTER 102, VOL. 12, LAWS OF DELAWARE. AN ACT CONCERNING SHOWS IN THE CITY OF WILMINGTON. SECTION 1. Sections 1 and 2 of Chapter 51 of the Revised Code shall not hereafter apply to the city of Wilmington. SEC. 2. The City Council of the City of Wilmington is hereby authorized to pass City Council to ordinances to regulate shows, exhibitions and public representations of all kinds within in relation to pass ordinances the city, and to establish and receive for the use of the city all fees for licenses issued shows in Wilmington. to the same. Passed at Dover, March 6, 1861. Horse-racing, OF THE GENERAL POLICE. CHAPTER 51. HORSE RACING, &C. SEC. 3. If any person shall institute, or be concerned in, or shall &c., prohibited. bet upon any horse-race, cock-fight, or shooting-match; or shall knowingly sell, or dispose of any intoxicating liquor at any place on occasion of such horse-race, cock-fight, or shooting-match, except a regularly licensed tavern-keeper, such person shall be deemed guilty of a misdemeanor, and shall be fined thirty dollars; but no indictment for any offence within this section, shall be preferred after six months from the commission of such offence. Fine $30. Limitation. Penalty for holding fairs, &c., in towns. Penalty for firing guns, &c., in towns. $5. Exceptions. For firing chimneys. &c. Town commissioners. Election of. Powers. FAIRS. SEC. 4. Public fairs are abolished and prohibited within this State. If any person shall hold any such fair, or shall keep any booth, or stall, for selling spirituous liquor, he shall be deemed guilty of a misdemeanor, and shall be fined twenty-five dollars. TOWN REGULATIONS. SEC. 5. If any person shall discharge a gun, or pistol, within any town, or village, in this State, or within one quarter of a mile of the centre thereof, or within one hundred yards of a mill-dam, upon which is a public road, he shall forfeit and pay, for the use of the of the county, five dollars for each offence; and upon judg poor ment for such forfeiture, the defendant shall be committed to the public jail of the county until it is paid. But this section shall not apply to the discharging a gun, or pistol, on any day of public rejoicing; or where it is authorized by law, or required by necessity. SEC. 6. If any person, within any town, or village, shall set on fire the chimney of a dwelling house, or negligently suffer such chimney to take fire so that it shall blaze out at the top, he shall forfeit and pay to the commissioners of such town, or village, three dollars for every such offence. SEC. 7. Every town, having more than three hundred inhabitants, may, annually, on the first Saturday in April, by a majority of the inhabitants qualified to vote for representative in the legislaChap. 581, vol. 11, ture, [or a majority of the said voters present at the said annual meeting] elect three town commissioners, who shall have power to regulate the streets, lanes and alleys of the town; on complaint of any citizen, to examine any chimney, stove-pipe, fixtures, or other matter dangerous to the town, and if adjudged so dangerous, to require it to be repaired or remedied; to prevent or remove nuisances therein; to prohibit firing of guns or pistols, the making bonfires, or setting off of fire-works, or any dangerous sport, or practice; and to prevent or suppress any noisy and turbulent assemblages of negroes, or boys, within the town after night, or on the Sabbath day; and for this purpose to make and publish ordinances imposing penalties, not exceeding, in any case, five dollars. OF THE GENERAL POLICE. CHAP. 51. CHAP. 224, VOL. 19. These penalties shall be for the use of the town, and may be col- Penalties for lected as other penalties of like amount imposed by law. use of the town. peace to hold The justices, or justice of the peace residing, in such town, shall Justices of the with the aid of two citizens, called by them, or him, hold the elec-election. tion for commissioners, and ascertain and make a record of the result. CHAPTER 224, VOL. 19, LAWS OF DELAWARE. AN ACT RELATING TO PUBLIC STREETS AND HIGHWAYS. SECTION 1. No person or corporation shall open or excavate the bed of any street or Opening streets highway of any city, town or village in this State for the purpose of laying or placing wires, etc. to lay pipes, pipes, wires, or other conductors therein without first obtaining the consent of the duly constituted authorities of such city, town, or village. Provided, however, that nothing Proviso. herein contained shall require such consent before opening or excavating the bed of any such street or highway for the purpose of repairing any pipes, wires, or other conductors Repairs. theretofore lawfully laid or placed in such street or highway. Passed at Dover, May 14, 1891. appointment. SEC. 8. The town commissioners may appoint a wood-corder for Wood corder; the town, who shall, by himself, or a deputy, attend, when called on, Po to measure wood, under penalty of one dollar and fifty cents to any one who will sue. If any person shall buy or sell wood, without measurement, in a Penalty. town where there is a corder, he shall forfeit and pay to such corder one dollar and fifty cents. The corder's fee for putting up and measuring wood, shall be ten Fee. cents per cord, to be paid equally by the buyer and seller. All such wood shall be of the length of eight, or four feet from the Length of cord extremity at one end, to the beginning of the card at the other. FIRING MARSHES, &C. wood. firing marshes SEC. 9. If any person shall set any woodland on fire; or shall, Penalty for before the first of March, or after the first of May, set on fire any unseasonably. marsh, he shall be deemed guilty of a misdemeanor, and shall be fined not less than fifteen nor more than two hundred dollars, and he shall also be liable in damages to any person for any injury done by such fire, provided, that the burning of wood cut down, or of brush, in clearing land, shall not, unless there be negligence, be within this section. * * * DOGS. * killing sheep. SEC. 10. The owner, or possessor, of a dog which shall kill, wound, Liability of or worry a sheep, or lamb, shall be liable to pay the owner of such owner of dog, sheep, or lamb, the full value thereof; and it shall be lawful for any Dog shot. person to kill such a dog. * * * *Chap. 145, vol. 13, Sec. 11. Liability of owner of at large. OF THE GENERAL POLICE. CHAP. 51. ADDITIONAL ACTS. STALLIONS. SEC. 11. The owner, or keeper, of a stallion over eighteen months Liberty stallion old, shall be liable for any damages happening in consequence of his being at large; and if such owner, or keeper, after being admonished to confine said horse, shall suffer him to go at large out of his enclosed ground, such person shall forfeit and pay, to any one who will sue, the sum of five dollars. Penalty. Lotteries unlaw SEC. 12. All acts of the general assembly authorizing lotteries, ful except, &c. except the act entitled, "An act for the benefit of the State of Delaware," passed at the present session, are hereby repealed. Unlawful to sell license. If any person shall sell, or dispose of any lottery ticket, or part tickets without of a ticket, as a trade or business, either by hawking about, or at a particular stand or place, without license first obtained he shall forChap. 98, vol. 12. feit and pay, to any one who will sue, twenty dollars for each ticket so sold. Sale of Lottery Policy tickets prohibited. Penalty. Proviso. Foreign lottery schemes. * * CHAPTER 33, VOL. 12, LAWS of DELAWARE. AN ACT CONCERNING LOTTERY POLICIES. SECTION 1. If any person shall by himself, his servant or agent, or as the servant or agent of another, sell or dispose of, or have in his possession with intent to sell or dispose of, any lottery policy, certificate, or any thing by which such person or any other person promises or guarantees that any particular number, character, ticket, or certificate, shall in the event, or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to receive money, property, or evidence of debt, or shall use or employ any other device by which such person, or any other person, promises or guarantees as aforesaid, every person so offending shall, upon conviction thereof by indictment, forfeit and pay for the first offence a fine of one hundred dollars, and in default of payment shall be imprisoned one month; and for the second and every subsequent offence shall forfeit and pay a fine of one hundred dollars, and be imprisoned not less than one nor more than two months. This act shall not be deemed or taken to apply to the sale or disposal of any authorized lottery tickets, whether the same be foreign or domestic, and whether such sale or disposal be by single tickets, packages, or by certificate thereof: Provided, That no authority is or shall be deemed to be given by this act to sell or dispose, in any manner whatsoever, of any ticket in any lottery not authorized by the laws of this State, unless the same would have been lawful without the passage hereof. Passed at Dover, February 19, 1861. CHAPTER 35, VOL. 12, LAWS OF DELAWARE. AN ACT TO PREVENT THE INTRODUCTION INTO THIS STATE OF FOR- SECTION 1. That any person bringing, or sending, or procuring to be brought or sent into this State, any scheme or schemes of any lottery not authorized by the laws of this |