be deposited

with the clerk

of the peace.

Penalty for ne glect.

One whereof to shall forthwith deposit in the office of the clerk of the peace, for the county where the treasurer receiving the money, for which the said receipts were given, does reside, and upon the neglect or refusal of any collector of taxes, paying money as aforesaid, to deliver or cause to be delivered to the clerk of the peace, as aforesaid, one of the said receipts within fifteen days from the date thereof, he shall forfeit the penalty of four dollars, to be recovered by the said clerk of the peace as other debts How recovered. under forty shillings are recoverable; and the said clerk of the peace shall carefully arrange and preserve the said duplicate receipts, and the same shall deliver to such person, or persons as are directed by law to examine and adjust the accounts of the aforesaid treasurer.

Former acts, or

parts thereof,

SECT. 5. And be it enacted, That all former contrary hereto, acts, or parts of acts, that are hereby altered or supplied, be, and they are hereby repealed.

repealed.

Passed at Dover, February 2, 1802.

CHAP. CVII.

An ACT to authorize the Sheriffs for the time being, to hold inquisitions on lands taken in execution by former Sheriffs.

W

HEREAS the act, entitled, “An additional supplement to an act, entitled, “ An act directing the manner and form of securities to be given by Sheriffs, for the due execution of their trusts, and prescribing a time for their returns on writs of Fieri Facias," passed at Dover, on the 9th February, 1796, was made to remedy the particular cases in the said act mentioned, and does not apply to cases of the like kind, which have since

and may hereafter happen: and whereas the provisions therein contained, would greatly tend to the furtherance of justice, and ought to apply to all cases of the like kind, which hereafter may take place.

CHAP.

CVII.

w

1802

the Sheriff, &c.

SECT. 1. Be it therefore enacted by the Senate In which cases and House of Representatives of the State of De- may hold inqui.. laware, in General Assembly met, That in all sitions. cases where any lands and tenements have been taken in execution, or hereafter may be taken in execution, by virtue of any writ or writs of Fieri Facias, it shall and may be lawful for the Sheriff in office, or for the person who hath seized and taken in execution, or who shall hereafter seize and take in execution such lands and tenements, at the election of the plaintiff or plaintiffs in such suits, to enquire whether the yearly rents and profits, beyond all reprises, of the lands and tenements, so taken in execution, be sufficient within seven years to satisfy the debt and damages in such executions, agreeably to the directions of the existing laws of this State, and such inquisition to return to the proper officer of the court from whence such writs issued, who shall annex the same to the said writ or writs; whereupon it shall be lawful for the plaintiff or plaintiffs, in such suits, to proceed for the legal recovery of his or their debt and damages therein mentioned:

riff who has become responsi ble for the debt.

charge the She

Provided nevertheless, That nothing in this act Not to disshall extend to the discharging of any Sheriff or other officer from the debt, damages and costs, in any writ of Fieri Facias mentioned for which he hath, or may hereafter become answerable, by the act, entitled, "An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for their returns on writs of Fieri Facias."

SECT. 2. And be it enacted, That it shall and may be lawful for every plaintiff, his agent, or attorney, upon motion to the court, or in vacation,

How rules to

hold inquisiti ons shall be

obtained.

contain.

upon application to the clerk or prothonotary, to obtain a rule to be laid on the sheriff in office, or upon the person who hath seized and taken in execution, or who hereafter may seize and take in execution any lands and tenements as aforesaid, by virtue of any writ or writs of Fieri Facias, to hold an inquisition as aforesaid upon such lands and tenements, and to return the same within thirty days next after the date of the said rule; and if the said rule shall be laid on any Sheriff, who did not take such lands and tenements in execution, it shall contain the names of the parties, What they shall both plaintiff and defendant, the term to which the said writ or writs of Fieri Facias were made returnable, the amount of the debt, damages and costs expressed therein; and the description of the lands and tenements returned on the writ, by the person who made the levy or seizure of the said lands, together with the real debt and interest, if any be indorsed on the said writ or writs; and the said rule shall be served on the Sheriff in office, or on the person who made, or hereafter shall make such levy or seizure, in writing, at least ten days before the expiration thereof; and if the Sheriff in office, or person who made or hereafter shall make such levy and seizure, shall neglect or refuse to hold such inquisition, and make return thereof as aforesaid, he shall be, and is hereby declared to be guilty of a contempt to the court in which the said rule shall be laid, and shall and may be proceeded against as in other cases of contempt.

How they shall be served.

Sheriff neglect.

ing, shal be guilty of contempt.

Passed at Dover, February 2, 1802.

CHA P. CVIII.

СНАР.

CVII.

1802.

An ACT for the holding of fairs in the several coun- Repealed 3 vol.

SECTION 1.

ties in this State.

BE

281.

sale of live

at George-Town

E it enacted by the Senate and Fairs for the House of Representatives of the stock, &c. may State of Delaware, in General Assemby met, That be held it shall and may be lawful to hold fairs or marts, for the sale of all kinds of live stock, and country produce and manufactures (spirituous liquor excepted) after the date hereof, and at the times and places following, to wit, at George Town, in Sussex coun- and Broad ty on the second Tuesday in April, and at Broad Creek, in Suscreek, on the second Tuesday in October, in every year, and continue for the term of three days, and no longer. At Dover in Kent county, on the third At Dover, in Tuesday in the months of April and October, for and at Middlethe term or time of three days, and no longer. And town, in Newat Middletown, in the county of New-Castle, on Castle county. the fourth Tuesday of April and October in each and every year, and to continue for the space of three days, and no longer.

sex county.

Kent county;

ed article.

SECT. 2. And be it enacted, That if any person Penalty for selor persons shall actually expose or offer for sale, ling any importeither privately, or publicly, any imported article, or goods, wares, or merchandize, the person or persons so offending, shall forfeit and pay for the first offence, twenty dollars, and for the second offence, the sum of thirty dollars, besides the forfeiture of the article, or articles, so offered, one half thereof to the use of the person suing for the same, the

other half thereof to the use of the county in which Mode of recovethe offence may be committed, to be recovered ry. before any justice of the peace where the offence may be committed;

Provided, That the value of the said goods for- Proviso. feited, be under twelve pounds; and if above twelve pounds, to be recovered before the Supreme court,

СНА Р.
CVIII.

1802

Penalty on driv. ing horses, cattle, &c. on the Sabbath.

or Court of common pleas of the county where the said offence may be committed, by bill, plaint or information.

SECT. 3. And be it enacted, That if any person or persons, who shall be found driving or leading any drove of horses, or of driving any drove of horned cattle, sheep, hogs or swine, on the Sabbath, in going to, or returning from the fair or fairs, so intended to be held, shall pay the sum How recovered of thirty dollars, to be recovered before a justice of the peace, one half of such fine to go to the person that shall inform, and the other half to the county where the offence may be committed; and every driver of any cart or waggon, who shall be found SO offending, shall pay the sum of fifteen dollars, to be recovered, and to be applied as aforesaid.

and applied.

Penalty on driv. ing cart or wag

gon.

Penalty for

erecting booths,

stalls, &c. for selling strong liquors on fair days.

Mode of reco.

very.

Not to prevent

SECT. 4. And be it enacted by the authority aforesaid, That if any person shall set up, or erect any booth, stall, or any convenience, for the sale of any kind of spirituous liquors, or shall sell, or otherwise dispose of any kind of rum, spirits, wine, whiskey, brandy, ale, beer, cider, or perry, at the time and place of holding any of the fairs, in the different counties of this State, or within one mile of such place, such person or persons shall forfeit and pay the sum of ten dollars, for the first offence, and for the second offence, the sum of fifteen dollars, and besides forfeit all such articles as he, she, or they, may be thus offering for sale, one half thereof to go to the person that shall inform and sue for the same, and the other half to go to the county, where the offence may be committed, to be recovered before a justice of the peace, in like manner as other debts are recovered.

SECT. 5. And be it enacted, That nothing in persons selling this act shall be taken, or construed to prevent any spirituous person from selling any spirituous liquor, by li