OF THE GENERAL POLICE. Current Volume, 19. CHAPTER 144. INTOXICATING LIQUORS. | SEC. 1. Justice authorized to issue warrant, &c. . A Supplement to an act entitled, "An act to amend an act entitled, An act regulating the sale of Intoxicating Liquors, &c.' passed at Dover, February 13, 1866. Current Vol. 19. issue war SECTION 1. Be it enacted by the Senate and House of Represen- Justice autatives of the State of Delaware in General Assembly met, That thorized to every Justice of the Peace, upon complaint made by the affidavit rant, &c. of any person alleging any violation of any provision of the act to which this is a supplement, shall issue his warrant for the arrest of any person charged with violating the same, and upon probable cause being shown that the party charged is guilty of the offence alleged shall hold him or her to bail for their appearance at Court as in other criminal cases. An Act for the Protection of Sheep in New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. It shall be the duty of the assessors of each of the Assessment several hundreds in New Castle county to which this act is made in applicable, to make out an assessment list wherein he shall set County. New Castle List, when returned. OF THE GENERAL POLICE. down the name of each and every owner of any dog or dogs, whether male or female, and the number of such dogs belonging Assessment to each owner thereof, and to make return of said list to the Levy and where Court of said county, on the first Tuesday of February in each year; and said Levy Court shall have power to make additions to and corrections of said lists at any time before the first day of to April; and said Levy Court shall, on or before the first Tuesday of April, in every year, cause to be issued to the collector of each hundred to which this act is made applicable, a duplicate of the assessment list of dogs, in the hundred of which he is collector, transcribed and certified by the Clerk of the Peace. Additions and correc made. Duplicate List. Tax on dogs -who to collect the same. SECTION 2. The collectors of the several hundreds to which this act is applicable, upon the receipt of said lists of dogs, shall proceed to collect from the several owners thereof the sum of fifty cents for each male dog owned by said owners respectively, and two dollars for each female dog: but if any person or persons shall be the owner or owners of more than one male dog, he, she, or they shall be liable to pay one dollar for each additional male dog owned by him, her, or them. And in the collection of said tax the said collectors shall proceed in the same manner and have all the powers of collectors of county taxes. SECTION 3. Any person who shall harbor any dog or dogs, dog deemed whether male or female, shall be deemed and taken by the asowner. sessor aforesaid to be the owner thereof. Person that harbors a Collectors to ty Treasurer one-third of tax collected. SECTION 4. Each of said collectors shall pay to the County pay to Con Treasurer of New Castle county, on or before the first day of July next, after the receipt of said list of dogs as aforesaid, the one-third part of the whole amount of the tax which, by this act, he is required to collect, and shall also, whenever he shall have funds in his hands, arising from the remaining two-thirds part of Payment to said tax, pay to any person or persons residing in New Castle county, the owner or owners of any sheep or lambs which shall lambs killed have been killed, injured or destroyed by any dog or dogs in the owner of sheep or by dogs. Sheep or lambs killed to be appraised hundred for which he is collector, at any time after the first Tuesday in March next, before his receipt of said list of dogs as aforesaid, a sum not exceeding five dollars for each sheep, and not exceeding three dollars for each lamb killed, injured or destroyed as aforesaid: Provided, That such owner or owners, immediately upon the loss or injury of such sheep or lambs, shall notify three disinterested farmers, residing in the hundred where such loss or injury may have occurred, to view such sheep or lambs, and appraise the same, and shall present to said collector a certificate, signed by two or more of said farmers, certifying the number and value of the sheep or lambs so killed, injured or destroyed: And provided further. That nothing in this act shall entitle any OF THE GENERAL POLICE. to receive compensa sheep are de their own person to receive compensation for any sheep or lambs which Persous not may be killed, injured or destroyed by his or her own dog or dogs. It shall be the duty of the collector, whenever he shall tion whose pay any sum of money upon any such certificate, to take the re-stroyed by ceipt of said owner or owners thereon, and the same shall be his dogs. voucher for the amount so paid by him. And if there shall not Receipt of be sufficient money in the hands of the collector to pay the demand of such owner or owners at the time of the presentation to him of such certificate, he shall note upon said certificate the time of its presentation, and such certificate shall have priority, Priority of according to the date of presentation, whenever funds shall come into the collector's hands applicable thereto. owner. certificate. account with SECTION 5. Each of said collectors, on the first Tuesday in Collectors to March next after his receipt of said list of dogs as aforesaid, Levy Court. shall render to the Levy Court of New Castle county a true account of all taxes it was his duty to collect by virtue of this act, and of all payments and disbursements thereof, and of all delinquents; and he shall, within ten days thereafter, pay over to the School Commissioners of the respective school districts of his hundred, in equal portions to each of said districts, any balance of said funds remaining in his hands, and the receipt or receipts of said School Commissioners shall be his voucher or vouchers for the amount or amounts so paid. tion of Assessors and Collectors. SECTION 6. For any neglect or dereliction of duty under this Liability for act each of said collectors shall be liable on his official bond. neglect of duty. SECTION 7. The assessors shall be entitled to receive for each compensadog, whether male or female, assessed by them respectively, the sum of ten cents. The collectors shall be entitled to receive ten per cent. on all moneys collected and disbursed by them respectively as aforesaid. All the expenses of levying, assessing, collecting and disbursing the aforesaid tax shall be paid by said Levy Court out of the one-third part thereof, payable to the County Treasurer as aforesaid, and no part of said expenses shall be deducted or paid from the aforesaid remaining two-thirds part of said tax. SECTION 8. It shall be lawful for any person to kill any dog Lawful to which shall not be on the assessment list, and may be wandering kill dogs not at large without an owner. SECTION 9. All persons owning dogs which may be assessed property in as aforesaid, shall have property in the same, and be entitled to dogs. sue for and recover any damages that may accrue in consequence of the loss or injury thereof: Provided however, That if the owner of any dog which may be assessed as aforesaid, shall neglect or refuse to pay the tax on the same, within ten days after demand thereof made by the collector, such collector may lawfully kill Where the OF THE GENERAL POLICE. such dog, and said owner shall, notwithstanding, continue liablefor the payment of said tax as aforesaid: And provided further, That it shall be lawful for any person to kill any dog caught in the act of killing or worrying sheep or lambs. SECTION 10. The foregoing provisions of this act shall be ap acts applies. plicable to the whole of New Castle county, except Wilmington hundred. Sec. 10, Chap SECTION 11. The 10th Section of Chapter 51 of the Revised 51 Rev. Code Code is hereby amended by striking out all of said section after the word "dog," in the 4th line of said section. amended. Certain acts repealed. Assessment list for the remain in force. SECTION 12. The act entitled, "An act for the protection of sheep in certain parts of New Castle and Kent counties," passed February 7th, 1862, and the amendment thereof entitled, "An act to amend Chapter 229 of the Statutes at Large of the State of Delaware," passed February 12, 1863, are hereby repealed: Provided however, That they shall be and remain in force so far as they relate to the collection, payment, and disbursement of the tax on dogs, levied and assessed by virtue thereof prior to the year 1867. SECTION 13. The assessment lists of dogs, for the year 1867, year 1867 to which, before the passage of this act, have been made and returned by the Assessors to the Levy Court of New Castle county, shall have the same force and effect as if made and returned to said Court by virtue of and in conformity with the provisions of the first section of this act. Passed at Dover, March 5, 1867. Certain animals not to within cer CHAPTER 146. ESTRAYS. SEC. 1. Certain animals not to run at large SEC. 2. Penalty 3. Act, how construed. An Act to Prevent Certain Animals Running at Large within certain limits in School District No. 13, of Kent County. SECTION 1. Be it enacted by the Senate and House of Represenrun at large tatives of the State of Delaware in General Assembly met, That tain limits of it shall not be lawful for any horse, or animal of the horse kind, School Dis- or cattle, or animal of the cattle kind, to run at large within the Kent County following limits of School District No. 13, of Kent County, to trict No. 13, OF THE GENERAL POLICE. wit: beginning at the bridge over St. Jones' Creek, on the road leading from Dover to Smyrna, thence running with said road until it strikes the road leading to Cowgill's Corner, thence with said road until it strikes Little Creek Bridge, thence down said Little Creek until it strikes Morgan's Branch, thence up said Morgan's Branch until it strikes the dividing line between Outten L. Heverin and Dr. J. F. Baker, thence with said line until it strikes the line of Mrs. Elizabeth Wilds, thence running with the dividing line between the said Mrs. Elizabeth Wilds, Ŏutten L. Heverin and Jackson Lafferty until it strikes the public road known as the "Lafferty Road," thence with said road until it strikes the line of William Dyer and Jackson Lafferty, thence with the line of said Dyer and Lafferty, line of William Parvis, and line of the heirs of Lemuel Reed until it strikes the line of Daniel C. Hoffecker, thence with the line of lands of said Daniel C. Hoffecker, and the line of lands of the heirs of Robert Mitchell until it strikes the line of other lands of Dr. J. F. Baker, thence with the line of lands of said Daniel C. Heffecker until it strikes the waters of St. Jones' Creek aforesaid, thence up said St. Jones' Creek to the place of beginning. SECTION 2. And be it further enacted, That any person or in- Penalty. habitant of the lands embraced within the limits prescribed in Section 1 of this act, or any other person wilfully suffering animals of the horse or cow kind to run at large within the limits prescribed as aforesaid, shall be liable to a penalty of one dollar per day for each and every day such animal or animals do so run at large, to be recovered by suit before any Justice of the Peace of Kent County made by any party interested: one-half of said penalty to be paid to the prosecutor, and the other half to the School Commissioners of said School District No. 13, of Kent County; and the owner or holder of such animal or animals running at large within the limits aforesaid, shall also be held liable for all damages committed by said animals, to be recovered in like manner for the benefit of the damaged party: Provided, Proviso. said penalty or damages be sued for within twenty days after each transgression or trespass. SECTION 3. And be it further enacted, That nothing in this act Act, how shall be construed to interfere with or prevent parties from pro- construed. ceeding with such animals, as provided in the laws concerning strays. Passed at Dover, March 8, 1867. |