One license sufficient for a firm. Fee to Clerk of the Peace for issuing 7. Blank licenses to be prepared by Sec- Of the accounts kept by him against the Duplicate of the same to be sent by him Duties of the Auditor herein. 8. Semi-annual account of the Clerk of the Where he shall deposit said money. Condition of the bond of Clerk of the Peace extended to moneys collected SEC. 9. Duty of Justices of the Peace, Sheriffs 10. Penalty for neglect of duty in Justice 13. Jurisdiction and power of Court of 14. Duty of State Treasurer to collect said An Act to raise Revenue and provide for the Current Expenses of the State SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That no person or persons, firm, company or corporation, without having first obtained a proper license therefor, as hereinafter provided, shall, within the limits of this State, be engaged in, prosecute, follow, or carry on any trade, business, pursuit, or occupation in this section hereinafter next mentioned, that is to say auctioneering; foreign life insurance agency; foreign fire Trades to be insurance agency; vending of goods, wares and merchandise by licensed. samples; keeping or traveling stallions or jacks for the use of mares; keeping eating-houses; taking photographs; acting as brokers; real estate agency; exhibiting circuses; practicing jugglery; selling vinous, spiritous, or malt liquors. SECTION 2. And be it further enacted, That any person or persons, firm, company, or corporation desiring to be engaged in, prosecute, follow, or carry on any trade, business, pursuit, or How to occupation named in the foregoing section of this act, may apply obtain to the Clerk of the Peace of any county in this State for a proper license authorizing or empowering him, her, or them to engage in, prosecute, follow, or carry on such trade, business, pursuit, or licenses. 13 Fees for licenses. CONCERNING THE PUBLIC REVENUE. occupation which he, she or they may desire to engage in, prose- SECTION 4. And be it further enacted, That if any person or not taking SECTION 5. And be it further enacted, That every person shall 1 CONCERNING THE PUBLIC REVENUE. trades, busi suits, or to be be deemed an auctioneer, within the meaning of this act, whose business is to offer property for sale to the highest or best bidder. No auctioneer shall be authorized, by virtue of his license as such Description auctioneer, to employ any other person to act as auctioneer in his of the behalf, except in his own store or warehouse, or in his presence. nesses, purThe provisions of this act shall not apply or extend to judicial occupations or executive officers making auction sales in pursuance of any licensed. execution, judgment, or decree of any court, nor public sales made by executors and administrators. Every person who shall procure or solicit any citizen or resident of this State to take out a policy on his or her life, or life or lives of another or others, in any company or companies not incorporated by the laws of this State, shall be deemed a foreign life insurance agent within the meaning of this act. Every person who shall procure or solicit any citizen or resident of this State to take out a policy of insurance in any fire insurance company or companies not incorporated by the laws of this State, shall be deemed a foreign fire insurance agent within the meaning of this act. Every person who shall travel from place to place within this State, procuring or soliciting orders of sale for goods, wares and merchandise, either by wholesale or retail, shall be deemed a vendor of goods, wares and merchandise by samples, unless the same be manufactured in this State within the meaning of this act. Every person who keeps, carries about, or causes to be carried about, a male horse or jack for the use of mares belonging to any citizen or resident of this State, shall be deemed a keeper of a stallion or jack for the use of mares within the meaning of this act. Every person. who shall keep a place where food or refreshments of any kind, not including vinous, spiritous, or malt liquors, for the accommodation of casual visitors, and sold for consumption therein, shall be deemed the keeper of an eating-house within the meaning of this act. Every person who makes for sale photographs, ambrotypes, daguerreotypes, or pictures by the action of light, shall be deemed a taker of photographs within the meaning of this act. Every person within this State whose business is to purchase or sell stocks, coined money, bank notes, or other securities, for themselves and others, or who deal in exchanges relating to money, shall be deemed a broker within the meaning of this act. Every person whose business it is to sell or to offer for sale real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others, shall be deemed a real estate agent within the meaning of this act. Every building, tent, space, or area where feats of horsemanship, or acrobatic sports, or theatrical performances are exhibited, shall be deemed a circus. within the meaning of this act. Every person who performs by sleight of hand any feat or trick, and receives pay for the exhi What the licenses shall set forth. Restriction as to the place of certain trades Proviso. One license CO NCERNING THE PUBLIC REVENUE. bition thereof, shall be deemed a juggler within the meaning of this act. SECTION 6. And be it further enacted, That in every license to be taken out under or by authority of this act, shall be contained and set forth the trade, business, pursuit, or occupation for which such license is granted, the name and place of abode of the person or persons taking out the same, and that the fee due the State therefor has been paid; and in the case of brokers, real estate agents, taking of photographs, eating-houses, selling vinous, spiritous, or malt liquors, a general description of the place at which the trade, business, pursuit, or occupation, for which such license is granted, is intended to be carried on: Provided, That a license granted under this act to any broker, real estate agent, Carrying on photographer, proprietor of an eating-house, or seller of vinous, spiritous or malt liquors, shall not authorize the person, or persons, firm, company, or corporation to be engaged in, prosecute, follow, or carry on any trade, business, pursuit, or occupation specified in such license in any other place than that described therein: And provided further, That if such a house or place be duly licensed and the tenant be changed during the year, it shall be lawful for the new tenant to keep such house or place under said license until the expiration of the year for which it was granted. Where one or more persons are associated together as sufficient for a firm or copartnership, and doing or carrying on any trade, business, pursuit, or occupation mentioned in the first section of this act at the same time and place, it shall not be necessary for each of the individuals composing such firm or copartnership to take out a separate license therefor, but one license may be granted in the name of the firm or copartnership. In every casewhere more than one of the trades, businesses, pursuits, or occu pations mentioned in the first section of this act shall be pursued is carried on. Or carried on by the same person, or persons, firm, company, or corporation at the same time, a license must be taken out for each according to the rates prescribed by the third section of this act. Every license issued in pursuance of the provisions of this act shall bear date on the day on which it was issued, and shall continue in force one year from the date thereof and no longer. How signed. Such licenses shall be signed by the Governor of this State, and countersigned by the Secretary of State and sealed with the seal of his office. The death, resignation, or removal from office of the Governor, or [of the] Secretary of State, shall not avoid or inLicenses for validate any license issued under the provisions of this act. Every person, or persons, firm, company, or corporation, who shall procure a license under this act as an auctioneer, foreign life insurance agent, foreign fire insurance agent, vendor of goods, wares and merchandise by samples, keeper or traveler of stallions or jacks a firm. Otherwise when more. than one trade, &c., Date of license. certain carrying on CONCERNING THE PUBLIC REVENUE. Proviso. Further Proviso. of the Peace. for the use of mares, proprietors of circuses, performers of feats of jugglery, shall be authorized and empowered, during the year for which such license was granted, to exercise and carry on the trade, business, pursuit, or occupation for which the license was granted in any county of this State: Provided, That no such person, or persons, firm, company, or corporation shall be engaged in, prosecute, follow, or carry on such trade, business, pursuit, or occupation at more than one place at the same time: And provided further, That if any person or persons shall be duly licensed under this act as an auctioneer, foreign life insurance agent, foreign fire insurance [agent], vendor of goods, wares and merchandise by samples, keeper or traveler of stallions or jacks for the use of mares, proprietors of circuses, or performer of feats of jugglery, and shall die before the expiration of the year for which such license was granted, it shall be lawful for his, her, or their executors or administrators to exercise and carry on the trade, business, pursuit, or occupation for which the license was granted until the expiration of the year for which it was granted. Every person applying to any Clerk of the Peace for a license under Fee to Clerk the provisions of this act shall, in addition to the fee for the use of the State mentioned in the third section of this act, pay to such Clerk of the Peace a fee of fifty cents for issuing the same. SECTION 7. And be it further enacted. That it shall be the duty of the Secretary of State, and he is hereby directed to prepare Biauk and deliver to each Clerk of the Peace blank licenses, signed by licenses to the Governor, countersigned by the Secretary of State and sealed be prepared with the seal of his office, for each trade, business, pursuit, or of State. occupation mentioned and enumerated in the first section of this act, and he shall keep a correct account of the same against each of the ac of the said Clerks of the Peace, and shall send a duplicate of every such entry in such account, to the Auditor of Accounts. The Auditor of Accounts shall keep an account, in the books of be his office, of all blank licenses supplied to the Clerks of the Auditor Peace, by the Secretary of State, in pursuance of the provisions of this act; and all the provisions of Chapter 30 of the Revised Duties of the Code of the State of Delaware, relative to the duties and powers herein. of the Auditor of Accounts in settling the accounts of said Clerks of the Peace, and in enforcing such settlements, shall extend to and be applied to the licenses and fees to the State therefor which said Clerks of the Peace are by this act authorized and required to issue and collect. by Secretary counts kept Duplicate of the same to by him. sent by him to the Auditor account of Peace of money SECTION 8. And be it further enacted, That the Clerk of the Semi-annual Peace of each county in this State shall, semi-annually, on the first Clerk of the Tuesdays of April and October, or within three days after each of said days, plainly state, under his hand, a full and true account received. of all money by him received, or for which he is accountable |