OF RETAILERS OF GOODS AND PEDDLERS. pay a fine of not less than two hundred dollars and not more Fine. than five hundred dollars, and in default of the payment of such fine shall be imprisoned for a term of not more than Imprisonone year. ment. transferable place ex issued. SECTION 2. No license issued under the provisions of this License not act shall be assignable, transferable or capable of being acted under by any other person, association of persons, firm or corporation than the person, association of persons, firm Nor to be or corporation to whom such license shall be issued; and no used in any license issued for carrying on business in a certain store, cept for house or building shall be used for carrying on business in where 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 legal repsuch license shall be issued, shall be entitled to use and carry a case of on business under the license for the term for which it may leath. be issued. Except to resentative vertisement sentations. SECTION 3. No person, association of persons, firm or False adcorporation engaged, or about to be engaged, in the sale of or repreany 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 OF RETAILERS OF GOODS ANd peddlers. 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 Evidence 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. Misde meanor. Fine. Imprisonment. intent to deceive. SECTION 4. All acts and parts of acts inconsistent with this act are hereby repealed. Passed at Dover, May 9, 1895. TITLE TENTH. Of Corporations. CHAPTER 72. OF CORPORATIONS. AN ACT to amend the act entitled "An act in relation to Foreign Corporations doing business in this State", passed at Dover, April 28, 1893. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: amended. SECTION I. That the act entitled "An act in relation to Chapter703. foreign corporations doing business in this State", passed at Volume 19, Dover, April 28, 1893, be and the same is hereby amended by adding at the end of Section 1 of said act the following, viz: "Provided, however, that no such corporation as afore- Foreign said shall, within the limits of this State, by any implica- Corpora tion or construction, be deemed to possess the power of permitted discounting bills, notes, or other evidence of debt, of receiv- banking ing deposits, of buying gold or silver bullion or foreign coin, of buying and selling bills of exchange, or of issuing bills, notes, or other evidences of debt upon loan for circulation as money, anything in its charter or articles of incorporation to the contrary thereof notwithstanding. to do a business. of Secretary "And provided further, That all certificates to be hereafter Certificate issued by the Secretary of State under the provision of this of State to act shall expressly set forth the limitations and restrictions specify said contained in the preceding proviso". Passed at Dover, April 19, 1895. restriction. OF CORPORATIONS. Surety company surety in any case. sufficient CHAPTER 73. OF CORPORATIONS. AN ACT relative to Bonds, Undertakings, and other Obligations with Surety or Sureties, to the acceptance as Surety or Guarantor thereupon of Companies qualified to act as such, and to provide a uniform System of procedure by and Standard of Qualifications for such Companies. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. Whenever any bond, undertaking, recognimay become Zance or other obligation is by law or the charter, ordinances, rules or regulations of any municipality, board, body, organization or public officer, required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refraining from any act, is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or And may be guarantee may be executed by a surety company qualified to act as surety or guarantor as hereinafter provided; and such execution by such company of such bond, undertaking, obligation, recognizance or guarantee shall be in all respects a full and complete compliance with every requirement of every law, charter, ordinance rule or regulation that such bond, undertaking, obligation, recognizance or guarantee shall be executed by one surety or by one or more surewhen free- ties, or that such sureties shall be residents or freeholders, or either or both, or possess any other qualification and shall required. be accordingly accepted and treated. alone whether such case requires one or more sureties. And also hold or resident surety is Foreign pany must ized by its enter surety insurance policies. SECTION 2. That such company to be qualified to so act surety com- as surety or guarantor under this act, must be authorized be author under the laws of the State wherein corporated, and under its charter to charter to guarantee the fidelity of persons holding places of other than public or private trust, and to guarantee the performance of contracts other than insurance policies, and to execute bonds and undertakings required or permitted in actions or proceedAnd must ings or by law allowed; must comply with the requirements with laws of the laws of this State applicable to such company in doing of this State business therein; and if incorporated under the laws of any Foreign other State than this State it must have a paid-up, unimpaired companies and safely-invested capital of at least two hundred and fifty paid-up thousand dollars; must have good and available assets in comply must have OF CORPORATIONS. $250,000. with In application business ment of paid-up statement. must attorney on cess may excess of its liabilities, which said liabilities, however, for the capital of purposes of this act shall be taken to be its capital stock, its outstanding debts and a premium reserve at the rate of fifty per centum of the current annual premium on all outstanding risks in force; must file with the Insurance Commissioner Must file of this State a certified copy of its charter or act of incorpo-surance ration, a written application to be authorized to do business Commisunder this act, and a statement signed and sworn to by its of charter. president, or one of its vice-presidents, and its secretary, or to do one of its assistant secretaries, stating the amount of its and statepaid-up cash capital, particularizing each item of investinent, the amount of the current premium on existing bonds capital. upou which it is surety, the amount of liability for unearned Items of portion thereof, estimated at the rate of fifty per centum of the current annual premiums, stating also the amount of its outstanding debts of all kinds, and such further statement, similarly verified, as may by the laws of this State be required of such company in transacting business therein, and if such company be organized under the laws of any other Foreig State than this State it must, in addition thereto, appoint an corporationattorney in this State on whom process of law can be served appoint an and file in the office of the Insurance Commissioner a written whom prostatement, duly signed and sealed, certifying such appoint- be served. ment, which shall continue until another attorney is substituted; and must have at least one hundred thousand dollars Must have, invested in good interest-bearing or dividend-paying securi- invested in ties of the character in which it is allowed under the laws bearing of the State wherein incorporated to invest its capital, or in securities which like companies under the laws of this State are Insurance allowed to invest their capital, which said securities shall be sioner of in value at or above par and deposited with or held by the State where Insurance Commissioner or other corresponding officer of ated. the State where such company is incorporated, in trust for the benefit of the holders of the obligations of such company; provided, that any company incorporated under the laws of any other State than this State, doing business in this State Foreign under the provisions of this act, must have on deposit with must have the State Treasurer of Delaware good interest-bearing and securities dividend-paying securities worth at par and market value at with State least ten thousand dollars, to be held for the benefit of the Treasurer holders of the obligations of such company, said securities to be held deposited with said State Treasurer shall remain with him those inin trust to answer any default of such company as surety and subject upon such bond, undertaking, recognizance or other obliga- toexecution tion established by final judgment upon which execution suit of such $100,000 interest and held by Commis incorpor corporation $10,000 in deposited of this State in trust for terested process at party. |