AN ACT in Reference to the Sale of Goods and Chattels by Constables.
WHEREAS, goods and chattels, of considerable value, are often placed in Storage Warehouses for safe keeping, with no thought, on the part of the owner thereof, of avoiding the payment of any just indebtedness ; and
WHEREAS, such goods and chattels are often seized and levied upon by constables upon various claims, and sold without proper and sufficient notice to the public; and
WHEREAS, in many such cases, valuable goods and chattels are thus sold by constables to favored purchasers at grossly inadequate prices, and often to the injury of the owner and other creditors ; THEREFORE
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That, on and after the approval of this Act, it shall be unlawful for any constable in the State of Delaware to levy upon or to sell or to offer to sell or to remove, by virtue of any writ or upon any claim or demand whatsoever, any goods and chattels when such goods and chattels have been placed in, and continue to be in, any storage warehouse ; and no such goods and chattels, so placed as aforesaid, shall hereafter be seized upon or sold, except by the Sheriff of the County in which such goods and chattels are located, after such appraisement and advertisement and under like conditions as now required by law in the case of goods and chattels seized and sold by the Sheriff under execution process.
Section 2. That, any constable violating any of the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more
than One Hundred Dollars, or by imprisonment for not more than three months, or by both fine and imprisonment, in the discretion of the Court.
Section 3. That, any and all Acts or parts of Acts, inconsistent with the provisions of this Act, be and the same are hereby repealed only to the extent of such inconsistency.
Approved May 9, 1933.