CHAPTER 71
OF RETAILERS OF GOODS AND PEDDLERS.
AN ACT to prevent bogus sales within the State of Delaware, being a Supplement to Chapter 68 of the Revised Code of the State of Delaware.
*Be it enacted by Me Senate and House of Representatives of the State Delaware in General Assembly met.
(*The original bill contains the enacting clause as printed above in brackets, but it does not appear in the enrolled copy.)
SECTION 1. From and after the passage of this act every person, association of persons, firm or corporation engaged in and desiring to continue engaged in the business of selling goods, wares and merchandise as the property of, or as having been the property of an insolvent or bankrupt, or of the assignee of an insolvent or bankrupt, or of any person, association of persons, firm or corporation, induced or compelled by any means whatsoever to sell or dispose of such goods, wares and merchandise, for the purpose of disposing of surplus stock, or of quitting or discontinuing his or their business; or as goods, wares and merchandise damaged by fire, water or through the happening of any accident, or as goods, wares and merchandise, purchased or obtained at any sale held under or by virtue of any execution process or of any order issued by or under the authority of any Court, shall annually, on or before the first day of June, take out a license to engage prosecute, follow and carry on the said business, for which he, she or they shall pay for the use of the State the sum of two hundred dollars to the Clerk of the Peace of the county in which such person, association of persons, firm or corporation is engaged and desires to continue engaged in said business or occupation, and any such person, association of persons, firm or corporation shall, on or before the said first day of June annually, before taking out said license, file with the said Clerk of the Peace a true statement of the aggregate cost value of all such goods, wares and merchandise which such person, association of persons, firm or corporation shall have sold in said business and occupation during the year immediately preceding the date of taking out said license, the said statement shall be verified by the oath or affirmation of such person, one member of such firm, or association of persons, or the president or other presiding officer of such corporation, the said oath or affirmation to be taken before any person who by the laws of this State is duly authorized to administer the same, that the aggregate cost value of such goods' wares and merchandise sold as aforesaid, does not exceed the sum named, and such person, association of persons, firm or corporation shall pay to the Clerk of the Peace for the use * State in addition to the above-named sum of two , hundred dollars, the sum of ten cents for each one hundred dollars of the value of such goods, wares and merchandise so sold.
(*So enrolled)
The license shall authorize the selling of goods, wares and merchandise only at one place and only for one year it from the said first day of June. In case any person, association of persons, firm or corporation desires to engage in, follow and carry on the said business and occupation, he, she or they, not having been engaged in said business and occupation continuously the year immediately preceding such person, association of persons, firm or corporation shall, before commencing said business and occupation, take out a license for the six months thence next ensuing, first paying to the said Clerk of the Peace, for the use of the State, the sum of two hundred dollars, and at the expiration of the said six months he, she or they shall obtain another license which shall be valid until the first day of June following, upon his, her or their filing with the said Clerk of the Peace a true statement, verified by oath or affirmation as aforesaid, of such person, of one member of such association of persons, or firm, or of the president or other presiding officer of such corporation, of the cost value of all the goods, wares and merchandise which he, she or they shall have sold in said business and occupation the preceding six months; and every such person, association of persons, firm or corporation shall pay an equivalent tax as aforesaid, rated ill proportion to the time during which said last-mentioned license shall be valid. If any person, association of persons, firm or corporation shall be engaged in, prosecute, follow or carry on within the limits of this State the said business of selling goods, wares and merchandise as aforesaid, without obtaining at the times above mentioned a proper license therefor and without paying the tax aforesaid, he, she or they, and the individuals composing such firm or association of persons, and each of them, and the president and directors, and each of them, of such corporation, for every such offence shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, besides being liable to the payment of the license and the tax aforesaid, shall forfeit and pay a fine of not less than two hundred dollars and not more than five hundred dollars, and in default of the payment of such fine shall be imprisoned for a term of not more than imprison one year.
SECTION 2. No license issued under the provisions of this not act shall be assignable, transferable or capable of being transferable acted under by any other person, association of persons, firm or corporation than the person, association of persons, firm or corporation to whom such license shall be issued; and no in license issued for carrying on business in a certain store, house or building shall be used for carrying on business in any other store, house or building in case of discontinuance of business in the store, house or building for which such license shall be issued; provided, however, that the person or persons to whom such goods, wares or merchandise may pass, by reason of the operation of intestate laws of this State, or by virtue of the provisions of last will and testament, in case of the death of the person or persons to whom such license shall be issued, shall be entitled to use and carry on business under the license for the term for which it may be issued.
SECTION 3. No person, association of persons, firm or corporation engaged, or about to be engaged, in the sale of any goods, wares or merchandise within the State of Delaware, shall falsely, with intent to deceive the buying public, advertise or otherwise falsely represent at any sale engaged in or to be engaged in by such person, association of persons, firm or corporation, is or will be an insolvent's, bankrupt's, assignee's or manufacturer's sale, or the sale of any agent, or representative of any insolvent, bankrupt, assignee, or manufacturer, or that any goods, wares or merchandise offered or exposed, or to be offered or exposed for sale, or exhibited, are or were in whole or in part the property of any insolvent, bankrupt, assignee or manufacturer, or any person, association of persons, firm or corporation, induced or compelled by any means whatsoever, to sell or dispose of any such goods, wares or merchandise for any purpose or with any intent whatever, or that such goods, wares or merchandise were in whole or in part damaged by fire, water, or through the happening; of any accident, or were purchased or obtained at any sale, held under or by virtue of any execution process, or of any order issued by or under the authority of any court, or shall make or issue, or shall cause to be made or issued, any false advertisement or representation, pertaining, concerning or relating to any goods, wares or merchandise which are or are to be offered or exposed for sale or exhibited in the said State by such person, association of persons, firm or corporation. If any person, association of persons, firm or corporation shall falsely advertise, or otherwise falsely represent, in any manner as aforesaid, he, she or they and the individuals composing such association of persons, or firm, and each of them, and the president and directors, and each of them, of such corporation, for every such offence shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall pay a fine of not less than one hundred nor more than one thousand dollars, and in default of the payment of such fine shall be imprisoned for not less than one month nor more than one year at the discretion of the court; and upon the trial of any person for the violation of the provisions of this act the intent to deceive the buying public shall be presumed where proof is made of a public or false advertisement or representation.
SECTION 4. All acts and parts of acts inconsistent with this act are hereby repealed.
Passed at Dover, May 9, 1895.