OF OFFENCES AGAINST PUBLIC POLICY.

from the guardianship or custody of the said managers after such boy has been regularly committed thereto, every such person shall be deemed guilty of a misdemeanor and shall on conviction thereof, before any justice of the peace in the county wherein the said offense has been committed, be fined not less than ten or more than one hundred dollars, to be paid to the treasurer of the said school for the use thereof. Passed at Dover, March 21, 1887.

Husband neglecting

of a misdeme.chor.

CHAPTER 229.

CRUELTY 10 CHILDREN.

AN ACT for the Prevention of Cruelty to Children, and for other purposes.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. Any husband who wilfully neglects to proHvide for the support and maintenance of his wife or his minor children children dependent upon him for support, or shall wilfully desert the same, or any of them, shall be guilty of a misdemeanor, and upon conviction thereof before any court of record or justice of the peace, shall be fined not less than ten dollars, or more than one hundred dollars for each and every offence.

Girls or boys habit

lungging shat

SECTION 2. Any girl apparently under the age of sixteen willy years, and any boy apparently under the age of fourteen be arrested. years, that comes within any of the following descriptions named; that is known to be habitually begging or receiving or gathering aims, whether actually begging or under the pretense of peddling or offering for sale anything, or being in any street, road or public place for the purpose of so begging, gathering or receiving almis, that is found wandering and not having any house or settled place of abode, or proper guardianship, or visible means of subsistence; that is found destitute, either being an orphan or having a vicious parent who is un lergoing penal servitude or imprisonment; that frequents the company of reputed thieves or prostitutes or houses of as

OF CRUELTY TO CHILDREN.

signation or prostitution, or dance houses, concert saloons, variaties, or places specified in Section iv of this act, without parent or guardian, shall be arrested and brought before any court of record or justice of the peace. When, upon examination before a court of record or a justice of the peace, it shall appear that any such child has been engaged in any of the aforesaid acts, or comes within any of the aforesaid descriptions, such court or justice of the peace, when it or he shall deem it expedient for the welfare of the child, shall commit such child to an orphan asylum, charitable or other organization or institution, or make such other disposition thereof as now is or may hereafter be provided by law.

In case of vagrants, truants, disorderly, pauper or destitute children, person or persons representing himself, herself or themselves to be, or passing himself, herself or themselves off as the parent or guardian of a child or children referred to in any of the aforesaid sections of this act, and it shall appear that such person is not either the parent or guardian of said child, such person or persons shall be deemed guilty of a misdemeanor, and, upon conviction thereof by any court or justice of the peace, shall be fined not more than twenty dollars and costs for each and every offence, upon the return of any writ of habeas corpus issuing for the production of any child so committed, the court or judge before whom the habeas corpus proceeding is tried, may review the facts upon which the commitment was made and hear new evidence, and remand, release or commit such minor.

Unlawful

for of dance

tonimit a

SECTION 3. Any proprietor, or any person in charge of any dance house, concert saloon, theatre, museum or similar ter proprie place of amusement where wines or spirituous or malt liquors house, &c. are sold or given away, who admits or permits to remain miner. therein, any minor under the age of eighteen years, unless accompanied by his or her parent or guardian, shall be guilty of a misdemeanor, and, on conviction thereof before any court of record or justice of the peace, shall be punished by a fine not exceeding one hundred dollars.

abduct a

SECTION 4. Any person or persons who shall, without the Mi color of right, forcibly abduct, take or convey away any child actor to under the age of twelve years, from the home or usual place child. of abode of such child, or from the custody and control of the parent or parents or lawful guardian or guardians of such child, or be accessory thereto, or who shali, without such color or right, and against the consent of the parent or parents, or lawful guardian or guardians of such child, persuade

Penalty.

Unlawful

distribute

tures.

OF CRUELTY TO CHILDREN.

or entice from the usual place of abode or house of such child, or from the custody and control of the parent or parents, or guardian or guardians of such child, or be accessory thereto, or who shall knowingly secrete or harbor such child or be accessory thereto, with the intent to deprive such parent or parents, guardian or guardians, or any person who may be in lawful possession of such child, of the custody, care and control of such child, shall be guilty of a misdemeanor, and, upon conviction thereof, shall suffer imprisonment for a term not exceeding ten years, or shall pay a fine not exceeding five hundred dollars, or both, in the discretion of the court.

SECTION 5. Whoever prints, publishes, sells, or distrito print or butes a book, pamphlet, ballad, printed paper or other thing obscene pic- containing any obscene or indecent picture of any description tending to the corruption of morals of youth, shall be deemed guilty of a misdemeanor, and upon conviction thereof by any court of record, shall be fined not exceeding one hundred dollars.

Levy Court

appropria

tion.

SECTION 6. The levy court of New Castle County shall may make have authority to make an appropriation or appropriations annually to the Delaware Society for the Prevention of Cruelty to Children, a corporation of this State, in aid of the objects of the said corporation.

Passed at Dover, April 11, 1887.

OF MARRIED WOMEN AND MINOR CHILDREN.

CHAPTER 230.

OF MARRIED WOMEN AND MINOR CHILDREN.

AN ACT for the benefit of Married Women and Minor Children.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

father de

Children

held to

SECTION I. That if any husband or father being within Husband or the limits of the State of Delaware, shall separate himself serting his from his wife or from his children, or from wife and children, wife or without reasonable cause, or shall neglect to maintain his wife may be or children, it shall be lawful for any justice of the peace of answer. this State, upon information made before him under oath or affirmation by his wife or children, or either of them, or by any other person, to issue his warrant to the sheriff or to any constable of the county, for the arrest of the person against whom the information shall be made as aforesaid and bind him over with one or more sufficient sureties in a penal sum to be determined and fixed by the justice, not less, however, than the sum of five hundred dollars, to appear at the next session of the Court of General Sessions of the Peace and Jail Delivery, in and for the county in which such proceedings are had, there to answer the said charge of desertion, and in default of giving such surety to commit him to the jail of the county.

the Court.

SECTION 2. And be it further enacted as aforesaid, That the information proceedings thereon and warrant shall be re- Powers of turned to the next term of the Court of General Sessions of the Peace in said county when such proceedings are had, when it shall be lawful for said court after hearing to order the person against whom complaint has been made, being of sufficient ability to pay such sum as said court shall think reasonable and proper for the comfortable support and maintenance of the said wife or children, or both, not exceeding one hundred dollars per month; and shall also require him to give security by one or more securities to the State of Delaware in such sum as to the said court may seem proper for the compliance therewith. Upon failure to comply with the order of the court in the premises, he shall be committed to the county jail, there to remain until such order is complied with or he be discharged by the order of the court. Any wife so deserted shall be a competent witness in any proceedings under this act to prove the fact of desertion or neglect to

Power of

or consta

ble.

OF MARRIED WOMEN AND MINOR CHILDREN.

maintain hers or any minor children under the age of ten years. The fees to the officers under this act shall be the same as are allowed by law for similar services in cases of binding to keep the peace.

SECTION 3. And be it further enacted by the authority the sheriff aforesaid, That the sheriff or constable to whom the warrant issued under the provisions of this act shall be directed, shall have authority, and the same is hereby conferred to make the arrest of the person named in such warrant in any part of this State and bring the accused before the officer issuing the warrant, there to be heard and dealt with according to the provisions of this act.

Passed at Dover April, 13, 1887.

Unlawful to manu

facture any

substance.

CHAPTER 231.

OF ADULTERATED DAIKY PRODUCTS.

AN ACT for the protection of the public health and to prevent adulteration of dairy products and fraud in the sale therect

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That no person, firm or corporate body shall manufacture out of any oleaginous substance or any comoleaginous pound of the same, other than that produced from unadulterated milk, or by cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk or cream from the same, or by any imitation or adulterated butter or cheese, nor shall sell or offer for sale or have in his, her or their possession with intent to sell the same as an article of food.

Sale of

same un

lawful,

SECTION 2. Every sale of such article or substance which is prohibited by the first section of this act is hereby declared to be unlawful and void, and no action shall be maintained in any of the courts of this State to recover up on any contract for the sale of any such article or substance.