Squirrels and rabbits (Chap. CIX, p. 828, approved April 22, 1897).-Using fire, gunpowder, dynamite, brimstone, etc., to take squirrel or rabbit from burrow or tree prohibited. Penalty, fine not over $7.

Vessels illegally taking shellfish (Chap. CXXII, p. 836, approved April 29, 1897).-Boats illegally used in taking shellfish may be seized with their tackle and furniture; may be sold, and after deducting costs one-half proceeds to the one making the seizure and one-half to tow where seizure was made.

NOTE.-New feature concerns share of property seized.

Selling intoxicating liquors (Chap. CL, p. 854, approved May 13, 1897).— Penalty for selling intoxicating liquors to whom such sale is forbidden (General Statutes, sec. 3091) fixed. Fine, not less than $5 nor more than $50.

NOTE.-Special feature enforces notice authorized by General Statutes 3091 by penalty.

Intoxicating liquors (Chap. CLXXII, p. 871, approved May 25, 1897).—Taking intoxicants to persons to whom sale or gift is forbidden prohibited: Penalty, fine of not more than $20.

Adulteration of fermented liquors (Chap. CCXXXVI, p. 948, approved June 10, 1897).-Use of deleterious substances forbidden in the manufacture of ale or beer; adulteration of ale or beer forbidden: Penalty for adulteration, fine $1,000 or less, or imprisonment not over six months: Penalty for using deleterious materials, fine not over $1,000 or imprisonment for one year, or both.

Bicycles (Chap. CXXX, p. 841, approved April 29, 1897).—Riding in highway within city or thickly populated village more than 10 miles an hour, or on sidewalk, or without alarm bell, prohibited: Penalty, fine not exceeding $20 and damages. SEC. 3. Provides permits for greater speed during specified time; also for children's velocipedes on sidewalk.

Theft of bicycles (Chap. CXXXI, p. 842, approved April 29, 1897).-Theft of bicycle worth more than $25 shall be punished by imprisonment for one year; use of bicycle of another without permission forbidden: Penalty, fine of not more than $50, or imprisonment not more than three months, or both.

Injuries from bicycles (Chap. XCI, p. 813, approved April 8, 1897).-Bicycle riders doing injury must give name and residence: Penalty, fine of not over $500, or imprisonment of not over six months, or both, at the discretion of the court.

Guideposts (Chap. CCL, p. 965, approved June 12, 1897).-Selectmen to erect and maintain guideposts: Penalty for neglect, fine of $5 for each offense. NOTE.-Virtually an amendment of General Statutes, secs. 2697 and 2698.

Throwing sharp substances in the highway (Chap. LXXX, p. 808, approved April 8, 1897).-Throwing of nails, tacks, glass, crockery, scrap iron, or wire on the highway prohibited: Penalty, fine of not over $20 for each offense.

Unauthorized fire insurance (Chap. 142, p. 849, approved May 6, 1897).— Amends section 2931 of General Statutes. Any person who solicits or procures policies in any company that has neglected to comply with the laws of the State shall be fined not more than $1,000: Provided, however, That the insurance commissioner, on the payment of a fee of $20 may issue a license to any person, permitting the person therein named to procure policies of fire insurance on property in the State in companies approved by the commissioner which have not complied with the laws of the State. The commissioner shall not approve of such company unless it shall have a paid-up capital of at least $100,000.

Flags for schoolhouses (Chap. XCIX, p. 819, approved April 14, 1898).-Selectmen forbidden to neglect to provide flag for schoolhouse: Penalty for neglect or refusal, forfeiture of $10 of each of board of selectmen; one-half to go to party who shall sue therefor, one-half to town.

Hotel keepers (Chap. C, p. 820, approved April 14, 1897).-Act of six sections. SECS. 1 and 2. When hotel keeper shall not be liable for loss sustained by guest. SEC. 3. Lien of hotel keeper on baggage of boarder.

SEC. 4. Sale of baggage and property to pay board bill.

SEC. 5. As to proceeds of such sale.

SEC. 6. Penalty for false pretense in obtaining food, accommodations, or credit at hotel: Penalty, fine not more than $50, or imprisonment not more than thirty days, or both.

NOTE.-General Statutes 3046, as to liens, touches sections 3 and 4. Former baggage held until debt is paid. If debt not paid within sixty days, baggage to be sold.

General Statutes touches section 6. Penalty, or imprisonment not more than three months."

Seizing of liquor (Chapter CXVI, p. 833, approved April 29, 1897).-Section 3086 of General Statutes amended as to proceedings on seizure of liquors. To be conducted as civil actions.

NOTE.-Former trials by the State's attorney.

Fraudulent drafts (Chap. CXX, p. 835, approved April 29, 1897).-Every person obtaining any valuable thing from another by means of altering or delivering a check, order, or draft on a third party purporting to be an order for the payment of money, when such person knows that the maker is not entitled to draw on the drawee for the sum specified, shall be fined not more than $500, or be imprisoned not more than three years.

NOTE. Enlarged application, General Statutes 1581, in which obtaining property under false pretenses subjects to penalty; fine not more than $500, or imprisonment not more than one year, or both; or imprisonment in State prison "not less than one year nor more than three years."

Misappropriation of trust funds (Chap. CXXIII, p. 837, approved April 29, 1897).—Misappropriation of trust funds belonging to any ecclesiastical society or church prohibited: Penalty, fine of not more than $1,000, or imprisonment in State prison not more than three years, or both.

Cruelty to persons (Chap. CXXIV, p. 838, approved April 29, 1897).-Cruelty to persons, by neglect, torture, deprivation of food, clothing, or shelter; and cruelty of a similar kind to children under 16, prohibited. Penalty, fine of not more than $200 or imprisonment not more than six months, or both.

Insurance agents (Chap. CXXVIII, p. 840, approved April 29, 1897).-Neglect or refusal of insurance agents to comply with the provisions of sections 6 and 7 of Chapter CCII of the public acts of 1893 in making returns punishable with a fine of not more than $100.

Embezzlement (Chap. CXXXVII, p. 845, approved May 5, 1897).-Embezzlement by agent or one acting for another person, a corporation, or an association, false entries upon books, false accounts, fined not more than $500 or imprisoned not more than five years, or both.

NOTE.-Section 1580 of general statutes, as amended by Chapter CIX of public acts, repealed. Former penalty, imprisonment not more than ten years.

Diverting water to defraud (Chap. CXLIV, p. 851, approved May 5, 1897).Diverting water from any person's pipe or from any water company or municipality with intent to defraud, prohibited: Penalty, fine not more than $50 or imprisonment not more than thirty days, or both.

Selling tub butter (Chap. CXLV, p. 851, approved May 5, 1897).-Selling of tub butter pressed into prints or bricks, unless the words "tub butter" in Roman one-half inch letters are stamped on it and the wrapper likewise marked, prohibited: Penalty, a fine of not more than $100.

Contagious diseases (Chap. CXLVI, p. 852, approved May 5, 1897).-Every physician required to report in writing cases of cholera, yellow fever, typhus fever, leprosy, smallpox, diphtheria, membranous croup, typhoid fever, scarlet fever, within twelve hours after his recognition of the disease: Penalty, fine of from $5 to $25 for each offense.

Itinerant venders (Chap. CLII, p. 855, approved May 13, 1897).—Itinerant venders prohibited from selling or exposing goods for sale without a license, as provided in this act: Penalty, a fine not exceeding $50, or by imprisonment not exceeding sixty days, or both.

Taxes on corporations (Chap. CLIII, p. 857, approved May 13, 1897).-Section 3915 of General Statutes amended so as to compel the cashier of each national-bank association to give to the treasurer of the town annually a sworn list of all its stockholders residing without the State. the number of shares belonging to each, and market value of those shares the 1st of October; further, he shall pay to the treasurer 14 per cent of such value: Penalty, the cashier shall forfeit to the town $100, together with the 12 per cent.

SEC. 2. Section 3916, General Statutes, amended to read as follows: "The cashier or secretary of each corporation whose stock is liable to taxation and not otherwise taxed by the provisions of this title shall, on the first day of October annually, or within ten days thereafter, deliver to the comptroller a sworn list of all its stockholders residing without this State on said day, and the number and market value of the shares of stock therein belonging to each; and shall, on or before the twentieth of October annually, pay to the State one and one-half per cent of such value."

Penalty, such cashier or secretary shall forfeit to the State $100 in addition to the 14 per cent so required to be paid.

NOTE.-Former payment in section 3915 "1 per cent." Former payment in section 3916 "1 pe.

Registration of dogs (Chap. CLXVI, p. 865, approved May 25, 1897).-Dogs over six months old to be registered and licensed. If age or condition are misrepresented, the penalty therefor shall be a fine of not over $7, or imprisonment of not over thirty days, or both.

NOTE.-Former license in General Statutes 3746, $6.15 for unspayed female dog; in act June 20, 1895, section 1, $10.15 for unspayed female dog. New feature: Change of time to six months.

Warning of electors' meeting (Chap. CLXVIII, p. 869, approved May 25, 1897).-Penalty for failure of town clerk to warn electors' meetings a fine of not over $500.

Imitation butter (Chap. CLXXI, p. 870, approved May 25, 1897).—Section 2618 of General Statutes amended with reference to duties of dairy commissioner. Refusal of anyone to give dairy commissioner access to his premises for the purpose of examination liable to penalties provided.

NOTE.-Penalty provided, $100, or, in default, sixty days' imprisonment.

Manufacture of food from flour and meal (Chap. CLXXIV, p. 872, approved May 25, 1897)-Act of five sections; defines bake shop, makes sanitary provisions, gives duties of factory and health officers.

Penalty, fine not less than $20 nor more than $100, with costs.

Blacklisting (Chap. CLXXXIV, p. 881, approved May 25, 1897).-Every employer who shall blacklist an employee with intent to prevent such employee from procuring other employment shall, upon conviction, be fined not more than $200.

Practice of medicine, surgery, and midwifery (Chap. CLXXXVII, p. 882, approved May 25, 1897).-Definition of those who may practice in public, act 1894, Chapter CLVIII: Penalty, as given in 1893, fine not less than $100 nor more than $300 first offense; each subsequent offense not less than $200 nor more than $500, or imprisonment from thirty to ninety days, or both.

Section 2 amends verbally act of 1893 concerning proprietary remedies.

Sunday observance (Chap. CLXXXVIII, p. 883, approved May 25, 1897).— Secular business or labor, except works of necessity or mercy, keeping shops open, exposing property for sale, and sports prohibited between Saturday at midnight and 12 o'clock Sunday night: Penalty, fine of not over $50.

NOTE.-Former penalty not more than $4 nor less than $1. Time changed from "between sunrise and sunset" on Sunday.

Injury to highways (Chap. CXCV, p. 986, approved June 2, 1897).-Willful injury to highways forbidden: Penalty, fine of not more than $50 or imprisonment of not more than thirty days, or both.

Domestic animals (Chap. CXCIX, p. 899, approved June 2, 1897).-Persons prohibited from bringing any domestic animals into the State without notifying the commissioner and giving a true state of their physical condition. Penalty, fine of not more than $50; concerning quarantine of animals, killing of same, payment for, examinations of, duties of commissioner, and appointment of. Commissioner to be a practical farmer and stock breeder of at least ten years' experience. Salary, $1,500 and expenses; term, two years.

NOTE.-New features: Appointment of commission on domestic animals. Conferring power formerly vested in board of agriculture on commissioner.

Adultery, bigamy, and seduction (Chap. CC, p. 900, approved June 2, 1897).— Penalty for adultery, imprisonment in a jail or State prison not more than five years. Penalty for bigamy, imprisonment for not more than five years; seduction, imprisonment not more than five years and fine not more than $1,000.

NOTE.-New features: Section 1 adds "imprisoned in a jail" to General Statutes 1523. Section 2 adds penalty to General Statutes 1524. Section 3, former penalty of General Statutes 1526, "shall be imprisoned in a jail not more than one year," etc.

Bicycles on highways (Chap. CCIII, p. 904, approved June 1, 1897).—Meeting and passing of bicycles on highways: the use of the word "vehicle" in sections 2689, 2690, and 2691 of the General Statutes to be construed to include “and tricycles."

NOTE.-General Statute 2689 carries penalty $15 and damages; General Statute 2690, treble damages and costs, and if by design, $100 to State; General Statute 2691, for not giving way, $7.

Highways (Chap. CCVII, p. 906, approved June 2, 1897).-Private crossing removed by railway company must be restored upon written request. Forfeiture of $5 a day to person or persons having right to use such crossing after thirty days from date of notice.

NOTE.-New feature as compared with act July 1, 1893, protection of private interest as against railroad seizure.

Returns of railroad companies (Chap. CCIX, p. 907, approved June 2, 1897).— Returns of street-railway companies to be made to the commissioners: Penalty, forfeiture to the State of $1,000.

NOTE.-Former penalty (see acts 1895, p. 550), $25 for each day of neglect.

Elections (Chap. CCXIII, p. 911, approved June 4, 1897).-Act in twenty-two sections.

Section 19 declares that any person who willfully fails to perform any duty imposed upon him by this act shall be liable to a fine not exceeding $1,000 or to imprisonment in the State prison not exceeding five years, or by such fine and imprisonment. Penalty for willful delay in counting or declaring vote, fine of not less than $100 nor more than $500 or imprisonment of not less than six months nor more than one year.

NOTE.-Sections 20 and 21, concerning incompetent counter and penalty in declaring vote, new. Asylums for insane (Chap. CCXV, p. 919, approved June 9, 1897).-Act of ten sections regulating insane asylums. Section 9 provides that every person who shall conduct any institution for the treatment or detention of insane persons contrary to the provisions of this act shall be fined not more than $1,000 or imprisoned not more than six months, or both.

NOTE.-New. Special features: (1) Asylum must be licensed; (2) must be under the charge of a physician; (3) penalty for violation of act. Acts as virtual amendment to act May, 1889.

Bodies of the dead (Chap. CCCXVI p. 935, approved June 9, 1897).-Regulations for the disposition of bodies by burial or by incineration, act with eight sections. Section 8 provides that whoever shall make false statements to secure permits, or who shall remove any body from the State for the purpose of cremation upon an ordinary removal permit, or who shall violate any of the provisions of this statute shall be liable to a fine not exceeding $500 or to imprisonment not exceeding five years.

NOTE.-New feature as to false permit; penalty for such ordinarily $500 or six months' imprisonment, or both.

Qualifications of electors (Chap. CCXXXIII, p. 944, approved June 10, 1897).— Act submitting proposed amendment to Article XI of the amendments to the constitution in relation to the qualifications of electors.

Preamble, qualifications of voters, regulations as to voting, certificates of presiding officers, blanks, canvass of votes, proclamation of governor, voting list, etc. Section 6 provides that any person neglecting or refusing to perform, or guilty of fraud in performing, any duty required of him by this act shall be fined not over $100 or be imprisoned not over sixty days in jail.

NOTE.-Special feature of amendment requiring every voter to be able to read language."

"in the English Vestibules on street-railway cars (Chap. CCXLI, p. 954, approved June 11, 1897).-Railroad commissioners may direct that platforms be inclosed. Penalty for companies refusing to comply, forfeiture to the State of $25 for each day of neglect or refusal.

Fugitives from justice (Chap. CCXLV, p. 957, approved June 11, 1897).— Taking persons from the State to answer to criminal charges, except on the warrant or mandate of the governor, prohibited: Penalty, fine $200 to $1,000 or imprisonment four months to two years, or both.

NOTE.-General Statutes 1674 and 1675 provide that no officer can deliver, even on warrant of governor, unless party arrested has opportunity to apply for writ of habeas corpus: Penalty: "not more than $1,000 or to be imprisoned not more than one year, or both." This applies to section 1 of this act (June 11, 1897).

DELAWARE.

1897.

Misdemeanors.-Assaults, batteries, nuisances, and all other offenses indictable at common law and not specially provided for by statutes shall be deemed misdemeanors, and shall be punishable by fine and imprisonment, or either, according to the discretion of the court. (Revised Code, 1893, chap. 127, sec. 18 [p. 926].)

All offenses at common law not expressly made felonies by our statute are misdemeanors only. (State v. Darrah, 1 Crim. Č., 112 (113); Ridgely's Digest of Delaware Reports, pp. 117-118.)

Pawnbrokers and junk dealers in Newcastle County (chap. 374, p. 317. approved May 17, 1897).-Section 1 of this act provides for a license to carry on the business of pawnbroking or junk dealing, prohibiting such business to be carried on without said license. Penalty for violation, fine of $10 for each day that the business is carried on without a license.

Other sections provide for the giving of bonds by pawnbrokers for insurance on pawn goods, record to be kept by pawnbrokers or junk dealers of articles pawned or purchased, and for the inspection of such record.

SEC. 8. Prohibits a greater rate of interest than 8 per cent per month on any loan secured by pledge or personal property. Violation, a misdemeanor: Penalty, fine of $100, or imprisonment at the discretion of the court.

SECS. 9-16. Deal with the sale of pawned articles.

SECS. 16-20. Provide for the examination by officers of pawnbrokers' or junk dealers' premises, and for the seizing of goods suspected of having been stolen. Violation of the provisions of this act, a misdemeanor: Penalty, fine of $500 for the use of Newcastle County. Second offense adds forfeiture of license to said fine, not to be renewed for a period of five years thereafter.

National Guard (chap. 392, p. 359, approved May 7, 1897).-The active militia of this State, under the title of "The National Guard of Delaware," is regulated by this act as to number of companies, guns, officers, privates of each company, officers of regiment, governor's staff, and duties of officers and privates of said National Guard are defined.

Misappropriation of public property furnished to any organization of the National Guard of Delaware is declared a misdemeanor: Penalty, fine not less than $50 nor more than $100 or imprisonment for not less than six months or more than one year, or both.

Injury to military property a misdemeanor: Penalty, fine not exceeding double the amount of the value of the property injured or imprisonment not less than two weeks nor more than two months or both.

SEC. 28. Declares that the military force thus organized shall be subject to the military rules applicable to such bodies. Violation shall be punished by fine and imprisonment as hereinafter provided, and in addition to such fine and imprisonment the offender may be reprimanded or dishonorably discharged from the service of the State.

SEC. 29, 30, and 31. Regulate the fines for neglect of duty by enlisted men of the National Guard of Delaware, and provide for their collection.

SEC. 32. Prohibits the misapplication of money or property furnished to the National Guard. Violation, a misdemeanor: Penalty, fine not exceeding $500 or imprisonment not exceeding one year, or both.

SEC. 33. Provides for the disposition of military stores in armory of National Guard. Neglect to so deposit such property a misdemeanor, and subject to punishment by fine not exceeding double the value of the property detained or imprisonment for not less than two weeks nor more than two months, or both.

Following sections deal with the disbanding of companies and the care of equipments of such disbanded company, with courts-martial, with warrants for arrest, and with the collection of fines and penalties imposed.

Neglect to execute any process, or to make proper return of fines collected, is declared a misdemeanor: Penalty, fine of $100 for each offense, for the use of the State.

SEC. 41-44. Deal with the duty of commanding officer, with the use of military force for public defense, and how it shall be regulated. Neglect of members of said National Guard to respond to call subjects to fines as follows: Each noncommissioned officer or private, not less than $30 nor more than $100, and each commis