FRANK BROWN, ESQUIRE, GOVERNOR.

797

of the courts aforesaid may be held to answer as garnishee,

in any civil action in contract or tort brought against any

licensee and he shall pay over under order of court, or upon

execution such sum of money as he may be chargeable with

upon his answer or otherwise, after deducting reasonable

counsel fees and costs. Said deposit shall also be subject to

the payment of any and all fines and penalties incurred by

the licensee through violations of this act and the clerk of

the court in which, or the trial justice by whom, such fine or

penalty is imposed, shall thereupon notify the respective

clerks of the courts aforesaid of the name of the licensee

against whom such fine or penalty is adjudged and the

amount of such fine or penalty, and the clerk of the court,

if he has in his hands a sufficient sum deposited by such

licensee, shall pay the sum so specified to said clerk or trial

justice, and if the clerk shall not have a sufficient sum so

deposited he shall make payment as aforesaid of so much

as he has in his hands. All claims upon the deposit shall

be satisfied after judgment, fine or penalty in the order in

which notice of the claim is received by the respective

clerks of the courts aforesaid until all such claims are sat-

isfied or the deposit exhausted, but no notices filed after the

expiration of the sixty days' limit aforesaid shall be valid.

No deposits shall be paid over by the respective clerks of

the courts aforesaid to licensees so long as there are any

outstanding claims or notices of claims against them,

respectively, unless he is satisfied that such claims will not

be prosecuted to final judgment, or that no fine or penalty

will be imposed.

SEC. 17. Be it enacted, That it shall be the duty of the

respective sheriffs, constables, police or prosecuting officers

in each county and city in this State to see that the

Duty of
officers.

provisions of this act are complied with and to prosecute

for violations of the same. All such officers shall have power

to demand the production of the proper State and local

license from any itinerant vendor advertising or actually

engaged in business and any failure to produce such license

shall be prima facie evidence against such vendor that he

has none.

SEC. 18. And be it enacted, That this act shall take effect

Effective.

from the date of its passage.

Approved April 7th, 1892.