OF COPARTNERSHIP. How copartnership may be Petition to CHAPTER 68. OF COPARTNERSHIP. AN ACT concerning the Dissolution of Partnerships and Appointment of Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That upon the dissolution of any solvent or insolvent copartnership, having its principal place of busidissolved. ness in the State of Delaware, and upon the joint petition to Chancellor. the Chancellor of the State of Delaware of all of such partners or of all the survivors of such copartnership, and the legal representatives of all deceased partners, setting forth that they are not able to agree upon a method of winding up the affairs of such copartnership, or that there is danger of the assets of such copartnership being wasted by or inequitably distributed among the creditors of such copartnership, the Chancellor shall appoint a receiver, or receiver and manappointed. ager, for such copartnership. Such petition shall be accompanied by the affidavit of one or more of such petitioners, that the statements therein contained, so far as they relate to the acts of the said petitioners, are true, and so far as they relate to the acts of any other person, are believed to be Receiver Affidavit to petition. Receivers and man agers, bond of. Powers. true. SECTION 2. Receivers, or receivers and managers, so appointed as aforesaid, shall, upon giving bond in a sum and with surety or sureties to be approved by the Chancellor, be invested with all the usual powers, rights, authority, privileges and immunities of receivers over the assets, credits, property, books and effects of such dissolved copartnership, and shall also have such additional authority and powers in the management of such copartnership business, in the collecting of debts due such copartnership, by suit or otherwise, and in the winding up of such copartnership's affairs as the Chancellor shall deem expedient, and shall either originally, or from time to time, order and appoint such receivers or receivers and managers, shall, pursuant to the orders and To be under directions of the Chancellor, proceed to wind up the affairs of the control such dissolved copartnership, and shall apply so much as Chancellor. may be necessary of the assets of such copartnership, after the payment of the expenses and costs of the petition of the of the CONCERNING STREET RAILWAY EQUIPMENTS. of assets. tion of re receivership, and of the winding up of such copartnership's Application SECTION 4. This act shall take effect from its passage. tributed CHAPTER 69. CONCERNING STREET RAILWAY EQUIPMENTS. AN ACT to amend an act entitled "An act to secure Manufacturers and Owners of Railroad Equipments and Rolling Stock in making conditional sales and certain contracts for the lease thereof." Be it enacted by the Senate and House of Representatives. of the State of Delaware in General Assembly met: lease or equipment SECTION 1. That the act entitled "An act to secure Man- Contract for ufacturers and owners of railroad equipments and rolling stock condition in making conditional sales and certain contracts for the lease sale of thereof," passed at Dover, February 7th, 1883, be and the or rolling same is hereby amended by inserting after the word "rail- street railroad" and before the word "equipment" in the first line of way valid. stock of OF RETAILERS OF GOODS AND PEDDLERS. said act (as printed in Vol. 17 of Delaware Laws) the words "and street railway"; and in the future editions of the Laws of the State of Delaware which shall be published the said act shall be printed as herein amended. Passed at Dover, February 18, 1895. Section 1, CHAPTER 70. OF RETAILERS OF GOODS AND PEDDLERS. AN ACT to amend Chapter 661, Vol. 18, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That Section 1, Chapter 661, Vol. 18, Laws Volume 18, of Delaware, be and the same is hereby amended by striking amended. out in the second line of said Section the words "corporate Unlawful to limits of the City of Wilmington", and insert in lieu thereof vertise the words "State of Delaware." falsely ad goods for ale. Passed at Dover, February 12, 1895. OF RETAILERS OF GOODS AND PEDDLERS. 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 the Senate and House of Representatives of the State of Delaware in General Assembly met:] damaged goods of or one stock, or discontinue Must take SECTION I. From and after the passage of this act every Retailers of person, association of persons, firm or corporation engaged in goods, or of and desiring to continue engaged in the business of selling insolvent goods, wares and merchandise as the property of, or as having feed to been the property of an insolvent or bankrupt, or of the dispose of assignee of an insolvent or bankrupt, or of any person, asso- wishing to ciation of persons, firm or corporation, induced or compelled by business. 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 out license. in, 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 Fees. 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 cost of Clerk of the Peace a true statement of the aggregate cost goods sold value of all such goods, wares and merchandise which such vious year 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 by oath. 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 By and any person who by the laws of this State is duly authorized whom *The original bill contains the enacting clause as printed above in brackets, but it does not appear in the enrolled copy. Statement of during pre to be filed. Verified before taken. fees of 10 cents per $100. authorize selling at one place only. OF RETAILERS OF GOODS AND PEDDLERS. 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, Additional 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. The license shall authorize the selling of goods, wares License to and merchandise only at one place and only for one year 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 Six months person, association of persons, firm or corporation shall, when first before commencing said business and occupation, take out a beginning 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 statement which shall be valid until the first day of June following, and license upon his, her or their filing with the said Clerk of the Peace June 1 a true statement, verified by oath or affirmation as aforesaid, following. of such person, of one member of such association of per license business. Fee. At end of six months to be filed secured till Propor tional tax. Selling without license. Misde meanor. sons, 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 in 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 offen ce 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 * So enrolled. |