Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-05-07
THE NEW MARKET LAW
CORRECT TEXT or THE MARKET
ORDINANCE.


The New street Market ordinance
King Street Farmers Angry al
\ Councils ActiOn-The Law 10 be
Contested.
liking street was sort of bedlam, Fri.
day afternoon, when n number of farmers
who came into the city expecting to rent
their stands on the curbstone, under the
new market law, learned that Council had
passed an ordinance limiting the street
market to Sixth street, and that all the
available spaces within the prescribed
limit had been rented. The clerk of the
| market advised those who came too late
to rent below Sixth street to go out to
Madison street, but afterwards consented
to the occupancy of King street above
Sixth ON Saturday, until he could consult
with the city solicitor in relation to the
| full scope of the new law and his powers
under its provisions.
Meanwhile the farmers who located
| themselves above Sixth street, feeling the
uncertainty of their tenure, sought legal
| advice and were told to hold their
positions along King street, without
| regard to the limits established by
council. If trouble ensues, they will
retain counsel and test the constitution
ality of the law.
The ordinance of Council restricting
the markets to Sixth street was sent to
Mayor Wales this morning and there is
no doubt that he will promptly approve
it. The act of the Legislature under
which the ordinance was passed says that
Council is authorized to establish public
curbstone markets upon such streets MS
Council may in its discretion deem
proper" and there seems to be no reason
to doubt that Council will take decisive
steps to enforce its ordinance should
violations be persisted in.
The Madison street market benefited
somewhat by the action of Council, and
was larger than usual Saturday, de-
spite the absence of the SINNERS. The
complaint of the people attending this
market is that the supply has never been
equal to the demand, and they hope the
new order of things will tend to enlarge
their market to proper proportions.
The GAZETTE, during the pendency
of the following act in the Legislature
and subsequently gave pretty full abstracts
of its provisions, but, in Difference to the
requests of many readers, we print below
the full and correct text of the act as
passed by the General Assembly:
Section /. That the Council of Wilmington
be, and the same is hereby, authorized to
establish within the city aforesaid, public
curbstone markets, upon such streets as the
said Council may in its discretion deem
proper, such curbstone markets to be occu-
pied solely by farmers and truckers, whose
principal business Is the raising Of farm
productions or truck, and by none others.
Such curbstone markets shall be used by
such farmers or truckers exclusively for the
sale of fruit, vegetables, fowls and other
farm products, and meats raised or fed as
hereinafter provided, on land occupied by
such farmers or truckers, either as owners,
lessees or farmers upon the share. The
said Council shall have the power to pre-
scribe the times of the holding of the said
market, and to provide for the general regu-
lation of the same, agreeably to the pro-
visions OF this act OF General Assembly.
Such curbstone markets shall be known as
the farmers and truckers curbstone
markets. The public curbstone markets
now existing on King and Madison streets,
In the said city of Wilmington, shall be
deemed and taken to be farmers and
truckers curbstone markets for all the pur-
poses of this act.
Sec. 2. That it shall be the duty Of the |
said Council during the month of April, |
A. ID. 1885, to lay off and allot spaces on |
either or both sides Of the streets now used, |
or hereafter, to be used, for farmers and |
truckers curbstone markets In the said city. |
Such spaces shall not exceed eight feet, nor |
be less than six feot In length and shall be /
marked and numbered ON the top of the |
curb; and when such spaces shall have been
so laid off and numbered, II plan thereof |
shall be made and filed with the clerk of
Council, and the same shall be public
record
See. 3. From and after the 3Oth day of
April, A. d., 1885, the said space shall not
be used for market purposes until the fol-
lowing conditions are complied with, viz
The person desiring to occupy any such
spaces shall apply to the clerk of the
market therefor, and II the same has not
been heretofore awarded, the said clerk
shall issue certificate permitting such per-
son to occupy such space for one year, from
the LIST day of May, A.. D., 1885, upon the re-
ceipt of two dollars for the use Of the city,
and the further payment of twenty-five cents
to the said clerk. The person to whom any
such space shall be so allotted, shall in
addition pay to the city clerk for the use of
the owner OF the property or properties in
front of which such space shall be the sum
Of thirty cents, II demanded by said owner
or owners for each and every foot, for the
like period of one year for the space SO
allotted. When such annual sums shall
have been paid as herein before prescribed,
|
the. certificate aforesaid shall, subject to all
the provisions of this act, and to such other
rules and regulations as the said Council
under this act, may prescribe be entitled to
the free use of such space for market pur-
poses, for the period of one year from the
first day of May, A. D., 1885. No person
shall have allotted to him upon any street
now or hereafter used as such market, more
than two spaces for any one year, and such
space shall not both be upon the same side
Of any such street, and the certificate here
nbefore provided to be given, shall have
plainly expressed upon its face the number
Of the space or spaces allotted, and spaces
not allotted, within thirty days after the
times specified for such allotments, may be
let for fractional terms at pro rata rates.
Sec. 4. 1t shall be the duty of the clerk of
he market to make and keep in book, to
be by the said Council provided, an ac-
,urate record of all spaces allotted, with the
name of the person, and the time for which
such person is entitled to the use thereof. |
All the spaces allotted under the provisions
)f section 8 of this act, as well as any not
heretofore allotted, snail be reallotted in |
ihe manner provided for in the said last
mentioned section, in the month of April
4. d. 1885, and in like manner annually re-
Allotted In the said month of April, in each
md every year thereafter, and the terms for
which such allotment shall be made shall |
pc for the term of one year from the 30th
lay Of April in each year.
SIC. 5. That the privilege by this act
shall not entitle any farmer or
iruckcr occupying any such allotted space
% expose for sale in any farmers and
FUCKERS curbstone market, now or here
lfter existing within the limits OF the city
)f Wilmington, any slaughtered beef, or
pork, or sheep, or lamb, unless the same
,hal have been raised or fed upon lands
occupied by such farmers as owners lessees |
)r farmers upon the share, for period of
It least ninety days before Strengthening the
'ame nor shall any such farmer or trucker |
Iffer for sale in any such market, any calf
)r veal meat, except such be the product of
his own COWS, upon lands occupied by him
Is owner, tenant or farmer upon the share |
Any farmer or trucker who shall sell In any
Iuoh curbstone market slaughtered beef, or
lork or sheep, or lamb, or calf, or veal meat,
)ther than In this section prescribed, or any
person not being q farmer or trucker, as
In section of this act, who shall |
'ell any articles therein, whether Of artificial
Dr natural production, shall be deemed
guilty Of n misdemeanor, and shall upon
conviction thereof forfeit and pay fine of
not less than fifty or more than one hun |
lred dollars, and shall suffer Imprisonment
or period not exceeding thirty days, or
both at the discretion of the court; one-half
he fines in such cases shall go to the city of
and one-half to the infOrmer. |
Sec. 6. Every farmer or trucker having
space or spaces allotted to him as aforesaid
IN any farmers and truckers curbstone
market, now or hereafter to be established
lnder the provisions Of this act, who shall
desire to sell slaughtered beef, or pork, or
sheep, or lambs, or calf, or veal meat in any
such curbstone market in the city of Will
mington, shall, before exposing the same to
sale therein, take and subscribe an oath or
Affirmation before the city clerk of Will
mington, that he is farmer or trucker Gas
the case may bel, and that he will not sell