CHAPTER 223 - WOODEN CASES UNLAWFUL TO CONVERT TO OWN USE

AN ACT MAKING IT UNLAWFUL FOR ANY PERSON OR PERSONS TO CONVERT TO HIS, HER OR THEIR OWN USE AND/OR BENEFIT ANY WOODEN CASE OR CASES BELONGING TO ANOTHER OR USED IN THE HANDLING OF BOTTLES, AND PROVIDING A PENALTY THEREFOR.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House concurring therein):

Section 1. On and after the passage and approval of this Act it is and shall be unlawful for any person or persons to convert to his, her or their use and/or benefit any wooden case or cases belonging to another and used in the ordinary handling of bottles.

Section 2. Any person or persons convicted under the provisions of this Act shall be deemed guilty of a misdemeanor and for the first offense shall be fined not less than Fifty dollars nor more than Two Hundred and fifty dollars and in lieu of the payment of such fine shall be imprisoned for a period of time not less than thirty days nor more than six months in the discretion of the Court, and for each subsequent offense shall be fined not less than One Hundred dollars nor more than Five Hundred dollars and in lieu of the payment of such fine shall be imprisoned for a period of time not less than three months nor more than one year.

Section 3. The Municipal Court for the City of Wilmington, the Court of Common Pleas for New Castle County, the Court of Common Pleas for Kent County and any Justice of the Peace of the State of Delaware shall have jurisdiction in the enforcement of this Act. An appeal may be taken to the Court of General Sessions in the particular County in which the violation occurs.

Approved April 24, 1945.