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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 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 by him. every such entry in such account, to the Auditor of Accounts. the same to The Auditor of Accounts shall keep an account, in the books of hersent this 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 Rudits 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.

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 peace of of said days, plainly state, under his hand, a full and true account received. of all money by bim received, or for which he is accountable

Blank

CONCERNING THE PUBLIC REVENUE.

Where he

said money

Condition of

Duty of

Constables.

for fees for the use of the State for all licenses issued by him

under the provisions of this act, and shall deposit, to the credit of shall deposit the State Treasurer, in the Farmers' Bank, at the county town

of his county, the full amount due on such account, and send such account to him by mail, with a certificate of such deposit

thereon endorsed. A failure to state such account and make Penalty for veglect.

such deposit, within the time prescribed, shall, besides making him liable for the money due the State, be a misdemeanor, and upon conviction thereof by indictment he shall forfeit and pay a fine of not less than five hundred dollars, nor more than two thousand dollars, besides costs, and such conviction shall ipso facto

work a forfeiture of his office. The condition of the official ob. the bond of ligation of each Clerk of the Peace shall extend to the moneys Clerk of the collected under this act and to the duties herein required of him, extended to and every failure to make such account, or deposit, as also a tested under failure to put into the post office, within the time prescribed, such

account, with the certificate of deposit thereon endorsed, duly addressed to the State Treasurer, shall be a breach of the condition of such official obligation.

SECTION 9. And be it further enacted, That it shall be the duty Justices et of every Justice of the Peace, Sheriff

, Deputy Sheriff, and ConSheriffs and stable within their respective counties, whenever he shall have

knowledge that any person, or persons, firm, or company, is or are engaged in, exercising, following, or carrying on any trade, business, pursuit, or occupation mentioned in the first Section of this act, without having first obtained a license therefor as provided by this act, to make complaint, or cause complaint to be made thereof before some Justice of the Peace of his county, who shall thereupon proceed according to the provisions of Chapter 97 of the Revised Code of the State of Delaware in relation to complaints made before him in other criminal cases, and all existing provisions of law relative to misdemeanors and offences shall extend and apply to offences created by this act, so far as the same are applicable and are not inconsistent berewith. Every person exercising or carrying on any trade, business, pursuit, or occupation named in the first section of this act shall, on demand of any Justice of the Peace, Sheriff, Deputy Sheriff

, Constable, or citizen within this State, produce the license therefor, and unless he shall do so it shall be presumptive evidence that he has

no license. Penalty for SECTION 10. And be it further enacted, That every Justice of doelect of the Peace, Sheriff, Deputy Sheriff, and Constable who shall ne

glect or refuse to perform the duty required of him by the next foregoing section of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined at the discretion of the Court.

CONCERNING THE PUBLIC REVENUE.

SECTION 11. And be it further enacted, That every person, or Tax ou persons, association of individuals, or corporation who shall, insuring within the limits of this State, be engaged in, pursue, or follow by fire. the business or occupation of insuring property against loss by fire shall, on the first Tuesday in the month of July next after the passage of this act, and on the same day annually and every year thereafter, while they shall continue in such business, pay to the State Treasurer, for the use of the State, a tax of one hundred dollars : Provided, That where two or more persons are associated together and carrying on the business or occupation of insuring property against loss by fire, it shall not be necessary for each of the persons composing such association to pay the said tax, but the payment thereof by such association collectively shall be sufficient. SECTION 12. And be it further enacted, That if any person or

Penalty persons, or association of individuals, who shall be engaged in, refusal or pursue, or follow the business or occupation of insuring property pay said against loss by fire shall refuse, fail

, or neglect to pay to the tax. State Treasurer the tax imposed by the next foregoing section this act, within five days after the same shall become due and payable, such person or persons, or the individuals composing any such association so refusing, failing, or neglecting, besides being liable to pay the tax imposed by the next foregoing section shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall forfeit and pay a fine of not less than five hundred dollars nor more than two thousand dollars, besides costs. And if any corporation liable to the tax imposed by the next foregoing section of this act shall refuse, fail, or neglect, for the space of five days after the same shall be due and payable, to pay to the State Treasurer the tax imposed by the next foregoing section of this act, such refusal, failure, or neglect shall work a revocation of the charter of such corporation so refusing, failing, or neglecting, and the president and directors of such corporaticn so refusing, failing, or neglecting as aforesaid, shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall forfeit and pay a fine of not less than five hundred dollars, nor more than two thousand dollars, besides costs, and the individual property of such president and directors shall also be liable for the payment of the tax imposed by the next foregoing section of this act. And further, in case of any person, or persons, company, or association of individuals as aforesaid, so refusing, failing, or neglecting to pay the tax for which he, she, or they are liable under the next foregoing section of this act, within the time appointed for the payment thereof, it shall be unlawful for him, her, or them thereafter to be engaged in, pursue, follow, or carry on the business or occupation of insur

CONCERNING THE PUBLIC REVENUE.

Jurisdiction

refusal to pay said tax.

ing property against loss by fire within this State, and if he, she, or they shall thereafter presume to engage in, pursue, follow, or carry on said business or occupation of insuring property against loss by fire within this State, he, she, or they shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall forfeit and pay a fine of not less than five hundred dollars, nor more than two thousand dollars, besides costs.

SECTION 13. And be it further enacted, That the Court of Chanof the Court cery shall have jurisdiction and power, and upon the application of Chancery of the State Treasurer, on behalf of the State, it shall be the duty neglect or of the Chancellor to restrain, by injunction process, any breach

of the next foregoing section of this act attempted to be committed by any person, or persons, company, or association of individuals by engaging in, pursuing, [or] carrying on the business or occupation of insuring property against loss by fire after a refusal, failure, or neglect to make payment to the State Treasurer of the tax imposed by section eleven of this act, within the time limited for the payment thereof. And further, in case of any refusal, failure, or neglect, by any corporation liable to the payment of the tax imposed by section eleven of this act to make the payment to the State Treasurer of the tax imposed by said section eleven, within the time appointed for the payment thereof, the State Treasurer shall report the fact immediately to the General Assembly, if in session, or at their next meeting, either regular or adjourned, and also to the Attorney-General whose duty it shall be to proceed without delay against the said corporation, in the proper tribunal, to carry the aforesaid revoca

tion into effect. Duty of SECTION 14. And be it further enacted. That it shall be the

duty of the State Treasurer to enforce the payment of the tax imposed by section eleven of this act, and for this purpose all the provisions of Chapter twenty-nine of the Revised Code of this State, conferring powers and duties upon that officer and his collectors, in relation to the execution of the warrant issued to him by the Auditor of Accounts for the collection of the State tax, shall be vested in and may be exercised by him and them in the collection of the tax imposed by said section eleven of this act.

SECTION 15. And be it further enacted, That the Clerk of the

Peace in each county in this State shall hereafter collect, for the increased. use of the State, from each and every person applying to him for

a marriage license, the fee of four dollars in lieu of two dollars heretofore charged for the same.

SECTION 16. And be it further enacted, That it shall be the duty of the Secretary of State to collect, for the use of the State, in lieu of the fees now fixed by law for the same officers, the fol

State Treas, to collect said tax.

Fee on Darriage licenses

CONCERNING THE PUBLIC REVENUE.

officers in

forfeitures

lowing fees, that is to say: from every person who shall here. Fees on the after be commissioned as Prothonotary, the sum of fifty dollars ; of certain from every person who shall hereafter be commissioned Recorder public of Deeds, the sum of fifty dollars; from every person who shall creased. hereafter be commissioned Register of Wills, the sum of fifty dollars; from every person who shall hereafter be commissioned Clerk of the Peace, the sum of fifty dollars; from every person who shall hereafter be commissioned Clerk of the Orphans' Court, the sum of twenty-five dollars; and from every person who shall hereafter receive a commission as Sheriff, including the writs of assistance, the sum of fifty dollars.

SECTION 17. And be it further enacted, That all the fines and Fines and forfeitures which shall be imposed upon any person or persons incurred who shall be convicted of any of the misdemeanors hereinbefore under this mentioned, and which fines and forfeitures are not hereinbefore to the State. otherwise specially appropriated, shall go to and be for the use of the State.

SECTION 18. And be it further enacted, That so much of the Certain provisions of the act entitled, "An act regulating the sale of in- inconsistent toxicating liquors," passed March 3, 1857, and of the several repealed. amendments thereto, and so much of section eleven of Chapter 52 of the Revised Code of this State, and all other acts or parts of acts which are inconsistent with or supplied by this act be and the same are hereby repealed, made null and void.

SECTION 19. And be it further enacted, That every license to Liquor sell vinous, spiritous, or malt liquors under this act shall be Licenses to granted by the Clerk of the Peace of the county where the by Clerk of person desiring such license may reside, in the same manner as without other licenses provided for by this act are granted, and no re-dations commendation of the Judges of the Court of General Sessions of the Peace and Jail Delivery, or of the Grand Jury, or of any other person or persons, shall be necessary for the granting of the license to the person applying therefor.

SECTION 20. And be it further enacted, That one-fourth of all what sum the money arising under any of the provisions of this act shall be for the use of the School Fund, any of the provisions of any school fund. of the sections of this act to the contrary notwithstanding.

SECTION 21. And be it further enacted, That all persons now Fractional doing business under licenses heretofore granted shall

, upon the licenses. expiration of the period for which they were granted, be allowed to take out, if desired, fractional licenses up to the first of June next ensuing after this act shall take effect.

SECTION 22. And be it further enacted, That this act shall go when act into effect and operation on and after the first day of June next shall go into after the passage hereof.

SECTION 23. And be it further enacted, That it shall be the

recommen

to be appropriated to

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