CHAPTER 180.
OF RETAILERS OF GOODS AND PEDDLERS.
AN ACT in relation to Peddlers and Hucksters within the County of New Castle.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That the provisions of Chapter 617, Volume 18 Laws of Delaware ; Chapter 646, Volume 11, Laws of Delaware ; Chapter 123, Volume 12, Laws of Delaware, Chapter 142, Volume 18 Laws of Delaware, and all acts and parts of acts amendatory thereof, particularly an act entitled "of Retailers of Goods and Peddlers," passed at Dover May 19, 1897, being Chapter 512, page 543, Volume 20 Laws of Delaware, Chapters 162, 389; 390, Volume 22, Laws of Delaware, Chapters 152, 153, Volume 23 Laws of Delaware, Chapter 169, Volume 24 Laws of Delaware, and Chapter 151, Volume 25 Laws of Delaware, in so far as they or any of them may relate to peddlers within the County of New Castle, be and the same are hereby repealed ; it being the intent that the provisions of this Act so far only as affects licenses for peddlers within the County of New Castle constitute and are a substitute therefor.
Section 2. Any person who shall carry a pack, basket or other receptacle, or use any sort of vehicle drawn by horses or propelled in any other manner, from which grains, fruits, garden vegetables and country produce in general shall be sold or offered for sale, and who shall in any way carry upon or with him or her grains, fruits, garden vegetables and country produce in general, for sale, except as provided in Section 7 of this Act, within the limits of the County of New Castle, shall be a huckster within the meaning of this Act ; and any person who shall carry a pack, basket or other receptacle or use any sort of vehicle drawn by horses or propelled in any other manner from which personal property, other than that above mentioned in this Section, shall be sold or offered for sale, or who shall in any way carry upon or with him or her personal property, other than that above mentioned in this Section, for sale within the limits of the County of New Castle, shall be a peddler within the meaning of this Act.
Section 3. Any person desiring to engage in the business of a peddler or huckster, as defined in Section 2 of this Act, within the limits of New Castle County, shall take out a license in his or her name, authorizing him or her to engage in the said business, and if a peddler or huckster with horses and wagons said license shall also authorize the servants and employes of said peddler or huckster to use said horses and wagons in said business.
All licenses hereafter issued to peddlers and hucksters shall expire annually upon the first day of June, next succeeding the date of issue.
All licenses under the provisions of this Act shall be issued by the Clerk of the Peace of New Castle County, to whom shall be paid the following fees : Each person applying for a license to carry on the business of huckster on foot, shall pay the sum of ten dollars. Each person applying for a license to carry on the business of huckster with wagons and horses, shall pay the sum of fifteen dollars for each wagon with which one horse is used ; and each person applying for a license to carry on the business of huckster for each wagon with which more than one horse is used shall pay the sum of twenty-five dollars. Each person applying for a license to carry on the business of a footpeddler, shall pay for his license the sum of twenty-five dollars. Each person carrying on the business of a peddler with wagons and horses, shall pay to the Clerk of the Peace, for each wagon with which one horse is used, said person shall pay the sum of fifty dollars. All fees collected under the provisions of this Act shall be for the use of the State.
Section 4. It shall be the duty of the Clerk of the Peace of New Castle County, at the expense of the State to provide badges for each foot peddler licensed, and tags for each wagon used in the business of peddling. Said badges and tags shall have displayed thereon, the number of the license, the word "peddler" and figures indicating the year during which said license shall be in force. Said tags for any one year shall all be of the same color, and said color of the tags for any one year shall be different and clearly distinguishable from the color of the tags of the preceding year. Each foot peddler during the period in which he is engaged in his business of peddling, shall wear a badge with the number of the license thereon, in a conspicuous place and where the same may be easily seen. Each wagon licensed shall while the same is used in the business of peddling, have one of said tags with the number of the license thereon attached to the front body of said wagon, in such a position that the same may be readily and plainly seen.
Section 5. Licenses issued under the provisions of this act shall not be transferable.
Section 6. In the event that any tag or badge issued under the provisions of this act shall become lost or destroyed, the holder of said tag or badge may apply to the Clerk of the Peace for a duplicate tag or badge. Such application shall be in writing setting forth briefly the circumstances under which said tag or badge was lost or destroyed and said applicant shall make oath before said Clerk of the Peace that the facts contained in said application are true.
The said Clerk of the Peace may issue a duplicate tag or badge to the person making said application for the same, provided that it shall be shown to his satisfaction that said tag or badge has been lost or destroyed.
Section 7. The provisions of this Act shall not apply to any manufacturer selling or peddling anything manufactured by him in this State, or to any person selling or peddling grain, provisions, provender or fruit grown, prepared or raised upon the land of the person offering the same for sale, or any person selling or peddling milk or cream or to butchers regularly engaged in the peddling of meat.
Section 8. The provisions of this Act shall not apply to honorably discharged soldiers and sailors of the Civil War, residents of the State of Delaware, and the same shall not be required to have a peddler's license in order to engage in the business of a peddler anywhere within the State of Delaware, provided however that such honorably discharged soldier or sailor when engaging in such occupation shall at all times carry a certificate of his discharge in lieu of a license, for the inspection of any police officer, City constable or peace officer within this state.
Section 9. Any person who shall within the limits of the said County of New Castle, carry on the business of a peddler without having a license in accordance with the provisions of this act shall upon conviction be punished by a fine; for the first offense, of not less than Five Dollars ($5.00), or more than Ten Dollars ($10.00), for the second offense, not less than Ten Dollars ($10.00), or more than Twenty Dollars ($20.00); and the third and all subsequent offenses, not less than Five Dollars ($5.00), or more than One Hundred Dollars ($100.00).
Section 10. All violations of this act and offenses against the same are hereby constituted misdemeanors and the Municipal Court of the City of Wilmington and the Justices of the Peace in and for New Castle County shall have jurisdiction to hear, try and determine said misdemeanors or any of them upon information lodged therein by the Attorney General of this State, or any one of his Deputies, or the prosecuting officer of the Municipal Court, or any other person under oath.
Section 11. The provisions of this Act shall not apply to any peddler's license now in force in New Castle County. This Act shall take effect from the date of its approval by the Governor, and all acts or parts of acts inconsistent herewith are hereby expressly repealed.
Approved April 4, A. D. 1911.