The daily gazette., 1883-03-22
BURGLARS, TAKE NOTICE.
The Bill Providing for the Arrest OF
known Thieves


The Bill Providing for the Arrest q
Known Thieves.
Following is the text of the bill relatin
to the arrest of professional thieves, pick
pockets and burglars, notice of which ha
been given at Dover, and petitions askinl
for the passage Of which are being cir
culated:
An Act for the protection of The commu
nifty against professional thieves, BURGLAR
and pick pockets.
Be ii enacted dv tie Senate and House o.
Representatives Of the State Of Delaeore II
General assembly met, That
SECTION ]. 1t shall be the duty OF al
police officers in the city of Wilmington Il
arrest and take before the Mayor or acting
Mayor OF said city all persons whom they
Shall find in any passenger railway car OF
In or about any railway depot, steamboat
landing, church, banking institution
brokers' office, auction room, store, crowded
thoroughfare, place Of public Amusement,
or In any street of said city, whom they
know or shall have good reason to believe
are common thieves, burglars or pick
pockets; and said Mayor or acting Mayor
shall commit or bail such person for trial
before the Court of General Sessions of the
Peace and Jail Delivery in and for the
county of New Castle; and If any person in
the city of Wilmington shall be charged on
oath before the Mayor or acting Mayor of
the city, or before the Associate Judge of
the Court of Quarter Sessions OF the Peace
and Jail Delivery, resident in the county of
New Castle, with being a common thief,
burglar or pickpocket, such Mayor, acting
Mayor or Judge, shall issue a warrant for
the arrest of such person and him commit
or bail for trial; and any person convicted
In the said Court of General Sessions of the
Peace ana Jail Delivery of being a common
or professional thief, common or profess
sional burglar or common or professional
pickpocket, shall be imprisoned In Jail not
more than two years nor less than six
months and be fined not more than one hun
dred dollars; but If any person be arrested
or indicted second time or more for such
otfense he shall be convicted only on proof
that he has continued to be common thief
burglar or pickpocket for at least one month
since his last conviction or acquittal; and it
shall be necessary to charge in the indictment
only that the person is a common thief, or
common burglar, or common pickpocket,
and any evidence either of facts or reputa-
tion proving that such person is habitually
and by practice a thief burglar or pick
pocket shall be sufficient for his conviction
if satisfactory establishing the fact to the
Court or jury by whom he is tried; and
there shall be no discretion In any police
officer or magistrate to discharge or release
any person who is by such proof before them
or knowledge on their part shown to be a
thief, burglar or pickpocket as aforesaid;
but such person shall be bailed or committed
for trial and no conviction or charge of or for
being common thief, burglar or pick
pocket shall prevent any such person from
being tried and convicted for any particular
act of larceny or burglary he may have COM
mitted.
SEC. 2. If any person shall be arrested at
any place within the limits of this State on
the line of any railroad, or in the cars or
depots or at any of the stations on said
roads, or on any steamboat employed In
carrying passengers over or upon the navi-
gable waters of this State, charged with
being common thief, burglar or pick
pocket, such person may be taken before
any Justice of the peace of the county in
which said place of arrest, depot or station
may be situated, unless within the city of
Wilmington, and if within said city then
before the Mayor or acting Mayor of said
city.
If the arrest be made upon the cars or on
any steamboat in route and outside of the
city of Wilmington such person may be
taken before any justice of the peace Of the
nearest convenient county or the Mayor or
acting Mayor of the city of Wilmington,
who shall on proof, as provided in the pre-
ceding section, commit or bail such person
for trial before the Court of General Sessions
of the Peace and Jail Delivery of the county.
And all police officers of the city of Will
mington, special or general, all conductors
of trains and police employed by any of said
railway or steamboat companies and openly
distinguished as such, and all constables
and bailiffs of any county, town or city on
ha nF Safd hall oil
persons at any of the places aforesaid on the
same knowledge and proof of their being
common thieves, burglars or pickpockets,
as provided in the preceding section, and
the magistrate shall commit or bail such |
person on the same knowledge or proof; |
and any person convicted In any county on |
the line of said roads with being common |
thief, burglar or pickpocket shall be pun
ished BY fine and imprisonment in the jail |
of the county, for the same time and in the |
same amount as provided in the preceding |
section; and all the provisions OF the pre- |
ceding section shall apply to all cases under |
this section, except SO far as modified |
hereby.
SEC. B. In any prosecution or suit |
against any person for any complaint, ar
rest, prosecution or proceeding under this |
act, that the proceeding complained of was |
under it and in good faith may be given in |
evidence under the plea of not guilty, and |
the burden OF proof of malicious motive or
want OF probable cause shall rest upon the |
plaintiff in said prosecution or suit.
SEC. 4. No person upon whose complaint |
a search warrant for stolen goods shall be |
issued, or participating in aid of |
the officer executing the same, by his au-
thority, shall be answerable therefor in |
damages if for such proceeding there be
probable cause, supported by oath or afilr- |
nation, and there was no more detriment |
done to the party aggTieved In the service of |
such process than naturally and unavoida- |
bly, arose out of the nature of the case; and |
the fact that in the execution of such search |
the goods described therein and alleged to |
have been stolen be not found upon the |
premises shall not, OF itself, be deemed to |
raise a presumption of want of probable |
cause or of malicious motive.
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