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I', / 1 ,, q '' a e. ,, j a w/ .' 1 /".. 7 ii: -.. .. , ,-, 2 1C... o- e c;'; ';', 4, le f- .--- f 6Z-;')// t LAW , 77. ,4.- t p' f # ) fr - - ( 9 1oy 9 CF: , f > I Slate of Delaware, FROM THE ' NINETEENTH DAY OF JANUARY, ONE THOU-.,. SAND EIGHT HUNDRED AND TWENTY, TO THE NINTH DAY OF FEBRUARY, ONE THOU-SAND EIGHT HUNDRED AND -- " £ N1 ' j ICH) ,. t., L* vozanaV. idliNAmAnhAgid.....,...... 41A1VVVVW*".. VVVYVV'tVIA# 1. M. WWVYN, A11, A/ VV% PUBLISHED int .1LUTHORITY. Trinted. at It ov k
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|Laws of the State of Delaware - Volume 06
|Date Original
|Laws of the State of Delaware. Passed at a Session of the General Assembly, Begun and Holden at Dover, on Monday the Twenty-Fourth, and Ended on Friday the Twenty-Eighth Day of May, in the Year of Our Lord, One Thousand Eight Hundred and Thirteen. Volume V, Part II.
|Delaware General Assembly
|Printed at Dover
|Department of State
|Full Text
|I', / 1 ,,q '' a e. ,, j a w/ .' 1 /"..7 ii: -.. .. , ,-, 2 1C...o-e c;'; ';', 4,le f- .---f 6Z-;')//t LAW , 77. ,4.-t p' f # ) fr - - (9 1oy 9 CF: ,f > I Slate of Delaware, FROM THE 'NINETEENTH DAY OF JANUARY, ONE THOU-.,. SAND EIGHT HUNDRED AND TWENTY, TO THE NINTH DAY OF FEBRUARY, ONE THOU-SAND EIGHT HUNDRED AND -- " £N1 'j ICH) ,. t.,L* vozanaV. idliNAmAnhAgid.....,......41A1VVVVW*"..VVVYVV'tVIA#1.M.WWVYN,A11,A/VV% PUBLISHED int .1LUTHORITY. Trinted. at It ov k t-tV . ' -A ale IlaknYRI OF THE STATE OF DELAWARE. CHAPTER I. CHAP. I. AN ACT for the relief of Josiah Bunker, of JNew- 1820. castle county, in this State. PASSED AT DOVER, January 19, 1820. 5 PRIVATE ACT. -ClIATTER IL_ A SUPPLEMENT to the act entitled "1JIn act to 5 vol, ch.1851A authorize and empower the owners and posses- la. 351. sors of the marsh, cripple and low-grounds, ly-ing on Muddy-branch in Little-creek hundred in 'Cent county, to ditch, drain and bank the same." PASSED AT DOVER, January 19, 1820. PRIVATE ACT. CHAPTER III. AN ACT to incorporate the owners and possessors of Crane hook marsh in the hundred and county of Xezvcastle. WHEREAS there is a tract of marsh meadow ground, Preamble; lying and being in the hundred and county of New-castle, known by the name of Crane hook marsh, LAWS OF THE STATE CHAP. bounded by the River Delaware and Christiana creek, beginning at a point of fast land, owned by 182o. Isaac Stedham, on the River Delaware, and running along said River and Christiana creek to a point of fast land owned by John Platt, on Christiana creek : and whereas there never has been any marsh law, nor act of incorporation to regulate and govern the owners of said marsh SEC. 4. Be it therefore enacted by the Senate and Owners of House of Representatives of the State of Delaware, Crane hook . marsh incor.771 General dssembly met, That the present owners porated, of said marsh, and their successors, be, now are, and hereafter shall be, one body politic and corporate in deed and in law to all intents and purposes, by the name, style and title of "the owners of Crane hook marsh." SEC. 2.slind be it further enacted, That the said and as acorporation be, and hereafter shall be, able a.nd ca. corporation pable, in law, to sun and, be sued; implead and be may sue and. be sued !i.e. Impleaded, answer and be answered unto, defend and be defended, in courts of law and equity, or in any other place whatsoever, and to do and execute all and singular other matters and things which bodies politic or corporate lawfully may do. SEC. 3. And be it enacted, That the members of Appoint- the nmiegienr s of amnad- secoanfdo rTesuaeisdd acyo ropfo Fraetbioruna rsyh anlel xht,a avned poonw tehre, soenc othned treasurer, Tuesday of every February annually thereafter, to appoint two managers and one treasurer for the said company, to act as such for one year. And the said managers shall have authority to levy, on the pro-mpoawnaegr eorsf . the pu Ly of the ane hook marsh company, from time to time, and the same to collect and apply, all such tax or taxes as may be, by them, deemed necessary for carrying fully into effect the provisions of this act. Corporation SEC. 4. and be it further enacted, That the said may make by. corporation shall and may hereafter make ordain and, laaltwers tlic baanttdle establish such by-laws regulations and ordinances, as &c. to them shall seem necessary and convenient for tits, OF DELAWARE. 6 government of said cOrporatiOn, and the same to al-ter and amend from time to time as they mayfind convenient and necessary : Provided nevertheless, provided the that after the first by-laws and ordinances are estah- mbY;diaewbse first lished, the same shall not be altered or amended, altered unless unless three months' previous notice be given to ev-cry individual owner or possessor, and not then un-less two-thirds of all the owners agree thereto : and powersa ann d tthh at ex-it is further provided, that nothing herein 'contained excised con-shall be construed to authorize the said corporation ITLY otfo tthh ee to exercise any powers repugnant or contrary to the State; laws or constitution of this State. SEC. 6. And be it further enacted, That the said to have a cm-corporation shall have full power and authority tomon seal &c. have and use a common seal, and to break and alter the same and establish another or others, with such device as they shall think proper ; and that all acts, certified under that or any other seal of the said cor- Titivation, relating to the affairs thereof, shall have toll faith and credit in and-befoio all and every the courts and jurisdictions within this State. SEC. 6. And be it further enacted, That if any persons person or persons shall think him her or themselves grieved by aggrieved by any act or acts of said corporation, he caocItnspanofY inahyo she or they may apply to the judges of the supreme appeal to the court for Newcastle county, who, upon such appli- uSrITITMC cation, are hereby authorized and empowered to :IR proceedings point five good disinterested men, owners of and be- of the court ing accustomed to marshes and banking, in the bun- peal aP" dred of Newcastle, who shall, upon ten days' notice given to the parties, go on the premises and view the same upon their oath or affirmations, or a major-ity of them, shall say what damage, if any, has been done by said corporation, and to fix and determine the amount thereof, and to whom done, and make return thereof to the next sitting of the supreme court, upon which judgment shall be entered ; awl Datnages if it shall be found that any person has sustainedfound shall 6 LAWS- OF ,TILE STATE paid by the damage, then, and in such case, said corporation, company 84c. shall immediately pay the same. PASSED AT DOVER, 20 January, 1820. PASSED AT DOVER, 24 January, 1820. CHAPTER IV. AN ACT confirming the title to certain property in dndrew ulna. CHAPTER V. AN AcT to incorporate the members of the Dela-ware fire company of Wilmington. tleYaware Sc.E 1. 13n IT ENACTED by the Senate and House fire company uf Representatives of the State of Delaware, in Ge- 1ofrsWlacioIrpmoverga.. nerd Assembly met, That Henry J. Pepper, Isaac ted ; Jackson, George W. Worrell, Vincent Gilpin, Sam-uel Harker, John F. Gilpin, John D. Vaughan, John 1). Wood, John M. Lear, Lewis Rumford, Wesley M'Clung, Israel D. Jones, James Webb, Samuel Brown, Jesse Mendenhall, E. W. Buckman, Josi-ah H. Gilpin, George Bush, Thomas S. Newlin, Charles Reynolds, William P. Alrichs, John Guy-er, Henry Vining, Israel Saunders, James P. Mer-rihew, Jacob Simmons, 'William Simmons, Arai. bald Bingham, John R. Brinokle, William D. Brine - hie, William Johnston, Reuben Webb, James S. White, Thomas Cole, jr. Samuel Ash, Mahlon .Betts, Benjamin W. Brackin, George Griffin. Ed-mund S. Ray, A. V. Mattson, Peter A. Humphreys, Thomas G. Cable, Thomas A. Sterrett, James Brown, John Virtue, Samuel Hogg, Ezekiel Harker, James Watson, John Wright, and such other per;. sons as sball hereafter he admitted or become mem. PRIVATE ACT. Or DELAWARE. bers of the Delaware fire company of Wilmington, according to the laws and constitution of the said company hereafter to be made, be and forever here-after shall be, by virtue of these presents, one body politic and corporate, in deed, fact, name and in law, to have continuance forever by tile name of the De-laware fire company of Wilmington." SEC. 2, And be it euacted, That the said corpom may hold ration and their successors shall forever hereafter he lands &c.; persons able and oapable in law, to have, 'hold and enjoy all manner of lands, tenements, rents, annuities, liberties, franchises and hereditaments, goods, chat-tels and other things of what nature, kind or quality soever, and also to give, grant, let, sell or assign the :ale zell the same lands, tenements, heteditaments, goods and chattels, and to do and execute all other things about the same, by the name aforesaid ; and also that they and their successors, by the name of the Delaware fire company of W ilmington, be and shall forever hereafter be persons able and capable in law to sue may sue and and be sued, plead and be impleaded; answer and bebe sued 84u. answered unto, (Wend and be defended in all or any of the courts or other places and before any judges justices or other persons whatsoever, in all manner of actions suits complaints pleas causes or matters whatsoever and of what nature or kind soever. SEC. 3. And be it enacted, That it shall andsum:70.8,,hcoainvernasand may be lawful to and for the said Delaware fire company of Wilmington and their successors fore. ver hereafter to have and use a common seal with such device or devices as they shall think proper for sealing all and singular deeds grants conveyan-ces contracts bonds articles of agreement assign. ments powers and all and singular other affairs touch. ing or concerning the said corporation. SEC. 4. and be it enacted, That it shall and may may meet be lawful for the said company and their SUCCESSOrstogether &c.; to assemble and meet together, as often as occasion may require, at such convenient place or places as they may from time to time appoint, due notice being LAWS OF ,THE STATE given of-the dame; and shall have full power and authority, from time to time, to make constitute and and make by-establish sunh laws, statutes, orders and constitutions, laws Eke. as shall appear to them, or he major part of them, tabe good and useful, honest and necessary, accor-ding, to the best of their judgment and discretion, for the government, regulation and direction of the com-pany, and every member thereof, and for the appoint- Election ofing and regulating the election or nomination of such officers, and so many officers as they shall think fit, and for limiting and appointing their trust and authority, and berr inem-for the admitting of new members, and to do all things concerning the government, estate, goods, lands and revenues, as also all the business and af-fairs of the said company; all which laws, statutes, orders and constitutions, so to be made as aforesaid, shall be binding on every member, and be, from time to time, ilviolably observed according to the tenor Provisoes. and effect of them : Provided they be not replagnant or contrary to the constitution and Laws of this Sta,e or of the -United States : Provided always neverthk. less, that the yearly rents and profits of the whole real estate, to be held and enjoyed by the said cor-porate body, or by their successors, or by any per-son or persons for their use, shall not exceed or a-mount to more than five hundred dollars lawful mu. 'ley of this State. PASSED AT DOVER, 26 January, 1820. CHAPTER VI. AN ACT to divorce Ruth Harper and 'Nathaniel Harper, from the bonds of matrimony. PASSED AT DOVER, 07 January, MO. 5 PRIVATE ACT. OF DELAWARE. 'CHAPTER V11. CHAP. 1/400-'11a AN ACT authorizing Robert Boyce of the county 1820. of Sussex, to ,use and employ his slaves, now in the said 'county, upon the lands of said Robert Boyce in the State of Maryland.- PASSED AT DOVER, 27 January, 1820. PRIVATE ACT. CHAPTER VW. AN ACT for the relief of the heirs of 17tomas Sor-den deceased. PASSED AT DOVER, I February, 1820. 5 PRIVATE ACT. CHAPTER IX. AN ACT for the relief of Samuel L. Eccles and Joseph Eccles, of Newcastle county in this State. PASSED AT DOVER, February 2, 1820. 5 PRIVATE ACT. CHAPTER X. AN ADDITIONAL SUPPLEMENT to the act4 vol. cll. 165, entitled ic lin act to prevent injury by dogs in 3 vtr.ch.143, airewcastle county." p. 242. SEC. 1. BE IT ENACTED by the Senate and House Repeal of Representatives of the State of Delaware, in Ge-neral 'Assembly met, That the act entitled 44A. sup-vo of 5c,hij. 212; plement to an act entitled An act to prevent injury by dogs in Newcastle county," passed the fourth 2 1101 16' LAWS OF THE STATE day of February,' one thousand eight hundred and and of seei %seventeen, and the second, third and fourth sections 3 art14, of :It ,. 165, v. 4, p. ut theAct entitled Att act to prevent injury by dogs 469. in Newcastle county,".passed the fourth day of Feb-ruary, one thousand eight hundred and eleven, be and the same are hereby declared to be repealed Pr"ed 84c. Provided hoWever, that they shall be in force as re-latPs to the collection and paying over the tax. on th.gs. heretofore levied and assessed. SEC. 2. Be it enacted, That it shall be lawful, . flogs run-after the first day of May next, for any person or rung at large in Newcastle persons to kill any dog or slut, running at large, in county g.:c Newcastle county, beyond the owners premises, without a cot-tar round the without a collar, affixed around its neck, having the neck &c., may initial of the christian and the whole of the sur-name be killed, of the owner thereof legibly inscribed thereon. PASSED AT DOVER, 2 February, 1820. apsornowrov egewealy. CHAPTER XL 1 vol. ch. 131, A SUPPLEMENT to an act entitled et iln act for a p. :116 see 5 vol. p. erecting public bridges causeways and laying 218. out ana maintaining highways:" SEC. 1. BE IT ENACTED by the Senate and Ibuse No nen,' (1-1P- Represeniatiies of' the State of Delaware, in Ge. road shall in hall be nerd dssembly met, That whenever freeholders Kent c:;.ttnty, Shall, under any order of the court of quarter ses. tuunrtnil t'h ee reroe f's ions of the peace, proceed to lay out any road in be approved Kent county, they shall, in addition to the damages by he levy. by them assessed, make return to such court a true court, as well as the court of 1CCOU tit of the probable expenses of laying out such quarter 5es-l'Oad : and the return of said road,. with the estimate sions $tc 1 vol 320,0f the expenses and damages, shall be laid before 393. the levy-court of the said county ; . and such road 2 vol. 1268' shall not be opened, until after the return thereof shall be approved by the levy-court as well as by the court of quarter sessions of the peace, CHAPTER XII. AN ACT to authorize and empower William ICPith and Thomas Collins, administrators of Wil-liam Collins, deceased, to make'and execute a deed of conveyance b Joshui., C. Parke, for a certain lot of ground tnerein mentioned. CHAPTER X1IL AN ACT for the appointment of as Auditor of ac-counts. SEC. 1. BE IT ENACTED by the Senate and House of Representatives of the State of' Delaware, in Ge- J M. Clay. nerd Assembly met, That John M. Clayton bp taound ooip tad. and he is hereby appointed Auditor of accounts, forconnts; the term of one year from the passing of this art, and from thence to the end of the next session of the *O heral Assembly. SEC. 2. And be it enacted, That if the said An. vacancy oc. ditor of accounts shall die, or be otherwise incapaci- scttimpr,oiligeA to tated for discharging the duties of the said office, inmoi govern: the recess of the General Assembly, it shall and may uo r. be lawful for the Governour, for the time being, to appoint 'some other lit person the Auditor of accounts; OF DELAWARE. ft SEc.. and be it enacted, That the act 'passed oh of on the twenty-eighth day of January in the yearc5, eighteen hundred and seventeen entitled 4,21. supple-ment to an act entitled An act for erecting public bridges causeways and laying out and maintaining highways," be and the same is hereby repealed. 2 February, 1820. PASSED AT DOVER, PASSED AT DOVER, 2 February, 1820. PRIVATE ACT, 1.2 CHAP. XIII. 1820. LAWS OF TliE STATE who shall continue in office until the end of the next session of the General Assembly after such appoint-ment and no longer, unless he be re-appointed by tha General Assembly. PASSED AT DOVER,? 8 February, 1820. CHAPTER XIV. AN ACT fixing the salary of the Auditor of ac-counts. SEC. 1. BE IT ENACTED by the Senate and House Salary of of Representatives of State of' Delaware, in Ge-the auditor of itccounls, to neral Assembly met, That from and after, the pus. b' 15400, per siteg or this act, the Auditor of accounts shall receive, ann. &c. foe his services, the sum of four hundred dollars, annually, to be paid quarterly by the treasurer of this State. pRagenpaenatl oafc rtes., SEC. 2. And be it further enacted, That all and so, 2 vol 877, every act and acts of the General Assembly of this 11()°, U97. State, that are repugnant to the provisions of this 1214, 1350. 3 vol. 19,-4flet, be and the same are hereby repealed made null co, 381, 582. and void. 5 vol. 157. PASSED AT DOVER, 8 February, 1820. C11..A.PTER XV. AN ACT for the preservation of the records oft/to court of COMM! pleas in and for Rent county. . BE IT ENACTED by the Senate and House of Re- Certaiq re-presentatives of the State of Delaware, in Genera' ccoourdrts oof f the assembly met, That it shall and may be lawful for mon pleas rortne utovernour of this State, as soon as convenient- Kent county, 1 y may be after the passing of this act, to appoint, DELAWARE. 13 two commissioners ; .and, when so appointed, thettoonf tenc:tootibe copied eor tor said commissioners are hereby authorized andsreqni.t red to examine the records .of the court of commonmissioners pleas in and for Kent county, and to make out a cer-8''' tilicate, under their hands, which and how much of the said records it is necessary to transcribe or copy, and shall deliver the.'said certificate to the. protho-notary of the said court, who is hereby authorized and required, immediately thereupon, to transcribe or copy, or cause to be transcribed or copied, such re- such copies to cords: and after the said prothonotary shall haVebe compared transcribed or copied the said records, it shall be the ceoerrtriezid anbd duly of the said commissioners to compare and cor- the commd-rect the same by and with the originals, and, after smilers so doing, to certify thereon that they are true copies thereof I and all copies, made examined and certified and to have as aforesaid, shall have and receive, in all respects, IitleassTecrot the same faith and credit, as the originals now may gloats ;-- or can have and receive. SEC. 2. and. be . it enacted, That the.said corn-oath of the miRsioners shall, before entering upon the perfor- ecro mance of the duties assigned to them by this act,.hesmm' ission-sworn, or affirmed, before some judge of this State co t orthe chancellor, faithfully to perform the said dut- here erfcatee ties, and shall file a certificate thereof in the saidfiied court. SEC. 3. And be it enacted, That each of the said Compensa, cominissioaers shall have and receive for each ali' comisms iont-h.e every (N I s attendance in performing ; en" he trust here. ers; by repossed in them, a sum, not exceeding three dol-lars, to be allowed by the levy-court of Kent coun-ty .aforesaid : and the said levy court shall makeand of the such reasonable allowance, as they may deem just thocZyage and right, to the aforesaid prothonotary, for his ser-ssc.; vices in copying the aforesaid records. SEC. 4. and be it enacted, That if any of the vacancies a. said commissioners, to be appointed as aforesaid,orng com-should die, or refuse or neglect to perforin the dutiesrlosnuersiZ herein reiuired of him, or *them, it shall be lawful " CHAP. XV. 1.0' V11.0 4820. for the governour to appoint some other person or persons in his or their place or stead. PASSED AT DOVER, 8 February, 1.820; LAWS OF THE STATE. CHAPTER XVI. AN ACT providing for the settlement of claims a-gainst the Roman Catholic chapel in the town of Xewcastle. SEC. 11. BE IT ENACTED by the Senate and Tfouse Claims a-of Representatives of the State of Delaware, in Ge-garnet the Catholic cha- nera jissembly met, That it shall and may be law-pel in New-ful for any person or persons, having any debts or castle, in c what manner laims against the Roman Catholic chapel situate at to be adjusted the corner of Union and Harmony streets in the liquidated and recovered Ste. town of Newcastle, to apply, by petition, to the chan-cellor of this State, in open court at Newcastle, any time after the passing of this act, setting forth the nature and amount of the claims ; whereupon the chancellor is hereby authorized to appoint three dis-interested freeholders, of the county of Newcastle, to examine the respective debts or claims against the said chapel, and to make such allowance therefor as they, or a majority of them, shall deem just, and make report of the same to the chancellor at the term of the court of chancery next succeeding that at which the said appointment shall be made : which report shall be confirmed by the chancellor, if no good cause shall be shown to the contrary ; in which case the chancellor may appoint three other suitable freeholders to examine allow and report as aforesaid ; which report shall be made, at the next succeeding term of the said court for the said county, and then confirmed, if no good cause shall be shewn why the same should not be done : and the chancel-lor is hereby authorized and empowered to appoint freeholders anew for the purposes aforesaid, as of-ten as good cause shall be shewn to him that the re, tH? DELAWARE. 1.5 turn of any Set of freeholders ought not to be confir : and if the allowance, awarded to be made j0ifl wbat cud manner atliresaid, is not paid to the person orca hnadvIerwmtha; persons within three months thereafter, then, in be sold for that case, it shall be lawful for the chancellor tor,Ydin"Lil appoint a trustee or trustees to advertise and sell, at &c. ; public sale, the building, known by the name of-the mime of the Roman Catholic chapel, in the town of Newcastle, together with Such part of the lot, belong-ing thereto, as the chancellor may order and direct; proceeds oe and the proceeds of such sales so made shall be saaplpel .iheodw e xrco. be brought into court at the ensuing term thereof; and the said chancellor is hereby authorized to order and direct the payment of such debts as be shall have allowed, and the balance, if any, shall be subject to the further order of the chancellor. PASSED AT DOVER, 8 February, 1820. ilkomomos CHAPTER XVII. AN ACT to azttizorize the administrator of Alexan-der Femister, deceased, to convey to 'Marcia G. Ross a certain tract of land and marsh therein mentioned. PASSED AT DOVER,i 9 February, 1820. PRIVATE ACT, CHAPTER XVM. AN Am:. to alter and vacate part of 4 road leading from Milford in kent county to the line between this State and the State of Maryland. SEC. 1. BE IT ENACTED by the Senate and House Levin of Representatives of the State of *Delaware, in Ge- neral assembly met> That Levin Charles shall havetaehro zepeaardt toof ra. la LAWS OF THE sTATt road leading Dower, and he is hereby authorized, to alter part of from Milford to the Mary-ft road, leading from Milford, in Kent county, to the land line; line dividing this State fromlhe State Maryland; and passing through the lands of the said Levin Charles, that is to say, the said alteration shall begin next to Milford at a point in the said road near where the said Levin Charles has commenced the clearing of a new road, and leaving the old road shall run, from thence on the land of the said Levin Charles south sixty-five degrees west seventeen perches, thence south eighty and a half degrees west one hundred and thirty-eight perches, and thence north seventy and a half degrees west three perches to a point in and to do it at the said old road ; which new part of the said road his own ex_shall be of the same width as that part of the said pence etc. ; road hereinafter vacated, and shall be lain out made and put in good order and condition,, for the conve-nient and safe passage of the. citizens of this State with their horses oxen carts wagons and other carri-ages, by the said Levin Charles at his own proper cost and charges. SEC. 2. and be it enacted, That as soon as the Part of the said new road shall be laid out made and put in good present road vacated, us order and condition as aforesaid, and no sooner, so he much of the said present road, as is hereinafter des- Ile W one shall;Tibed, that is to say. according to the - following be completed : courses and distances, beginning at the point before mentioned, near where the said Levin Charles has commenced the clearing of a new road, and running thence north eighty-one and a half degrees west fifty-eight perches, ani thence south sixty-nine and a half west one hundred and four perches to the before mentioned point in the said road, where the new road hereby authorized stops, be, and the same is hereby vacated ; and it shall he lawful for the said Levitt Charles to appropriate the Ante to his own exclusive use in such manner and for such purposes as he may see proper. Sic. 3. and Leif enacted, That the part of the new when commpaled. Raid road, so to be made as aforesaid, shall,, after ted, to be the terms of this act shall have been complied with . OF DELAWARE. tact said Levin Charles, he deemed and taken n.s darned a part part of-the-aforesaid 'road leading from Milford it, roar present Kent county to the line between this State and the State of Maryland. PASSED AT DOVER, 9 February, 1820. CHAPTER XIX. AN ACT to vacate certain roads therein nzentioned. SEC. 1. BE IT ENACTED by the Senate and HMVroa,d s iTBsinraa tn . of Representatives of the State of Delaware, in GP dyw.ne hur:- neral.assembly met,'Ilatthe old road, lying in Bran- dred vacated; dywine -hundred, on the south side. of William Young's manufactory, between the points of intersec-tion of the. road leading to the Wilmington and. Great Valley turnpike, unto the point where it in-tersects the road leading to the Kennet turnpike; also that partof a. new road, laid out, though not opened, leading to the bridge at said mills south fifty degrees and a half west, about fourteen perches from its in-tersection with the old road aforesaid ; be and the. same are hereby vacated : Provided however, that Provided &e, the commissioners of roads in and for Brandywine hundred, for the time being, or a majority of them, shall approve of and allow the said roads to be va-cated, otherwise this act to be void and of no effect. PASSED AT DOVER, 10 February, 1820. CHAPTER XX. AN ACT authorizing the State-treasurer to pay certain claims therein mentioned, and for other purposes therein mentioned. KRCI. 1. BE IT ENACTED by the Senate and Rom 3 is LAWS OF THE STATE state-trea- of Representatives of the State of Delaware, in 06. surer to pay the claims of-- neral assembly met, l'hat the State-treasurer be and he is hereby authorized and directed to pay, to Tho- Thomas Dm- mas Deakeayne tle sum of one hundred and forty-keayne ; two dollars and ninety-three cents for his trouble and expenses in going to Pennsylvania and New-Jersey to take into custody Moses Scott and William alias lk illiam Ritchie, two fugitives from justice, by virtue of a warrant from the governour of this state; to Caleb Kirk ; Caleb Kirk sixty-eight dollars, for services as one of the board of appeals underthe general assessment law; Nathan Vick. to Nathan V ickars, for the like services, fifty-six dol. ars : J,Int Ray-lars ; to John Raymond, for the like services, and mood; copying the assessment books and .other services,. one hundred and thirty dollars and fifty-three cents ;. to Philp Rasin: Philip Rasin, for attending on said board, fifteen doI-Presley Alice; lars and ninety-six cents ; to Presley Allee, as clerk of said board, and stationary, thirty-six dollars and Wiham Eli. fifty cents ; to William Elligood nine dollars and fif-ty cents, for books furnished the general assessors ; to Isaac Adkins; Isaac' Ad kins ten dollars, for a musket deposited in the arsenal at Lewestown during the wars; to Na- N ohaniel thaaiel Swithers' prothonotary of Kent county, for ,rbers; sundry fees, twenty-six dollars and eighty-seven ,ac Tunnell; cents ; to Isaac Tunnell eight dollars and eighteen j, NV Ma cents ; to John W. Many, or his order, thirty dol- .; tars, for one years service as commissary of milita- James Cask-rV stores in Kent county ; to James Gaskins thirty ins dollars, for the like service in Sussex county ; to J.,ho Robert- ,f oh n Robertson two dollars and fifty cents, for prin. sun; ting notices of the sitting of the. board of commission-ers on the general assessment in Sussex and Kent Alexander counties ; to Alexander Reynolds ten dollars, for co- RJe,; 0flu ids; pying of records for the assessors in Newcastle conn- Buck- ty ; to Joseph Buckmaster the sum of ninety-two dol-master ; lars and twelve cents, for cash expended in going to Pennsylvania to take into custody Isaac Becket and Anthony Denny, two fugitives from justice, by virtue of a warrant from the governour of this State ; to H. enry M. Ridgely, esquire, Secretary of State, five ; hundred and fifty-five dollars,. for making index to the acts of 18071818, 1819 and the general index to the fifth vol. of the laws: and for sundry extra'ser- OF PALA.W ARE 19 vices in settling accounts with sundry persons,. and other extra services ; and to Enoch Joyce, esquire,Enoch Joyce. eighteen dollars, for his attendance on the high court of errors and appeals. SEC. 2. awl be it enacted, That the Secretary of Secretary or Statee to aied. State is hereby authorized and empowered to settlei,s and and adjust the accounts of Caleb Barratt and 1_4a m u- the accounts el Johnson and William Elligood, for services ren. amt. the Gesesiolers. tiered by them respectively as general assessors ofs, their clerks; this State, and the accounts of the clerks of the said 5259"42 8 ; 172, assessors ; and for the amount, found due to the said and the go-persons respectively, the governour is hereby autho- vernour to rized and empowered to draw his warrant upon the iMvurin their onState-treasurer in favour of the said persons respec- state.treasu. tively, which shall be Paid out of any the rmero uJnimt thfeo unad- treasury not otherwise appropriated. due &C. PASSED AT DOVER, it February, 1820. CHAPTER XXI. AN ACT to appropriate the monies in the treasury of this State. SEC. 1. BE IT ENACTED by the Senate and Muse appropoa-of Representatives of the State of Delaware, in Ge-"° to pay-weral assembly met, That the sum of fourteen thou-sand dollars, part of monies now in the treasury of this State, shall be applied in the following manner, that is to say, so much thereof, as may be necessary, shall be applied to the payment of the salaries due, and to salaries &c.; become due, to the governour, chancellor, judges of the supreme court, judges of the court of common pleas, attorney-general, Secretary of State, and au-ditor of accounts, up to the first Tuesday of Janua-ry one thousand eight Imndred and twenty-one ; and so much thereof, as may be necessary, shall be ap-plied to the payment of the daily allowances to the members of the General Asembly, their clerks, and 20 LAWS OF THE sTATD pr printing other expenses, and- for:printing the laws, passed at (3 vol, 229.) this session of the General .A.ssembly, .and the votes and proceedings of the two branches thereof ;. and the residue thereof, if any there be, shall be applied elao-ns of ciJO the payment of any sums of money- due to the ci-tizens. tizens of this State for which provision has been made by law. PASSED AT DOVER,? 1.1 February, 1820. CHAPTER. XXU. AN ACT authorizing the commissioners if roads, in and for the hundred of Newcastle to apply the dividends arising from certain stock. belong-ing to the hundred, to the purposes therein, men-tioned. Commis. BE IT ENACTED by the Senate and Muse of Re- ,ners of Ne.presemotires of the State of Delaware, in General ITlinndred 'issembly met, 'hat it shall be lawful for the coin-au'h" rized missioners of roads, in and for the hundred of New- w divt-demis on cer.castle, or a majority of them, from time to tinie, to tam "rniPikedrilW the dividends now due, or which May grow g 0 shaiFd ' due, on the stock of the Newcastle turnpike compa-hundred ; fly, or the stock of the Newcastle and French-town turnpike company, held by the commissioners of roads of said hundred in trust for said hundred, and and to apply to apply such dividends, from time to time, in the re the Dame, 64e. pairs of the roads and bridges within the same, or apply the same to the redemption of the stock of 04 Newcastle turnpike company. PASSED AT DOVER, 1.1, February, 1820. OF DELAWARE. CHAPTER XXIII. AN ACT to authorize Arthur IL Willis to remove certain slaves therein mentioned from this State into the State of Maryland. PASSED AT DOVER, 11 February, 1820. S PRIVATE ACT. CHAPTER XXIV. AN ACT for the continuance of certain banks there-in mentioned, and for securing payments in spe-cie, by the said banks, to persons holding their notes. SEE. 1. BE IT ENACTED by the Senate and House Extension, of Itepresentatives of the State if Delaware, in Ge ram'. natv tehf eriarrsst wend Assembly met, That the act, entitled ';An act Sept. 1822. ,f to establish a bank and incorporate a company unlellewrsinnsf der the name of the Farmers' Bank of the State Ofbanks; Delaware", passed the fourth day of February, jIIert1hJkar. the year Of our Lord one thousand eight hundred 4 vol. and seven,and the act, entitled 44A supplement to an act entitled An act to establish a bank and incor- 4 vol. 273 prate a company under the name of the Farmers' Bank of the State of Delaware", passed on the thir-ty- first day of January, in the year of our Lord one thousand eight hundred and nine,and the act, en-titled An additional supplement to the act entitled 4 vol. 325* An act to establish a bank and incorporate a compa-ny under the name of the Farmers' Bank of the State of Delaware", passed on the thirtieth day of janua-ry in the year of our Lord one thousand eight hun-dred and ten,and the act, entitled An additional4 vol. g94 supplement to the act entitled Au act to establish a bank and incorporate a company under the name of the Farmers' Bank of the State of Delaware", pas-sed the twenty-second day of January in the year of Lord one thousand eight hundred and thirteen,and the act: entitled "An act to incorporate a bank in theof the Bank off CHAP. XXIII. 1.M./ 1820. 0111101111111111.1 , Ael11 2r2 LAWS OF THE STATE Delawaro4 Borough of Wilmington in this State", passed the. 2 vol. 1236, ninth day of February in the year of our Lord one thousand seven hundred and ninety six,and the 4 vol. 824, act,. entitled "A. supplement to an act entitled An act to incorporate a bank in the Borough of Wilmington in this State", passed the fourth day of February in the year of our Lord one thousand eight hundred or the com-and twelve' and the act entitled "An act to estab- 4mveorlc. ia5l 4Ba8n k ; Itsh a bank and to incorporate a company under tee name of the Commercial Bank of Delaware", pas-sed the ninth day of February, in the year of our Lord one thousand eight hundred arid twelve,and of the Bankthe act, entitled "An act to incorporate the Bank of of Wilining. . ton and Bran. IN umuigton and Brandywine in the. Borough of ElYwhle ; Wilmington, passed on the fourth day of February, 4 vol. 528 in the year of our Lord one thousand eight hull-o/. the Fardred and twelve,and the act, entitled "An act to Inmeresc'hanicand establish and incorporate a company under the name Bank ; of the Accommodation Bank of Delaware", passed 4 vol. 536 on the seventh clay of February, eighteen hundred and twelve,and an act supplementary thereto, A Vol 661 changing the corporate title af the said bank to that of the Farmers' and Mechanics' Bank of Dela-ware., passed on the twelfth day of February, in the same year,or so much of the said recited acts as is now in force,shall be, and they are hereby, re-enacted and declared to be in full force, from and after the first day of September, which will be in the year of our Lord one thousand eight hundred and twenty-two, for and during and until the period Of five years thereafter shall be fully completed and ended, excepting so much of the said acts respec-tively as is repugnant to the provisions of this art: on condition upon the express condition nevertheless, that the that they cor.stockholders of the said banks, respectively, shall tctiVfy restpheech:Certifh in the manner, and within the time, herein-acceptance of after directed, their acceptance of this act, or so muck this act &c. Sec. 10. thereof as shall relate to them respectively, as com-posing a part of their charters respectively. Penalty on SEC. 2. And be it enacted, That if the said banks 42id Battliti for their c germin to shall muse, at nun nip, houses respectively, when there duly called upon for any notes of the said. OF DELAWARE,. ta banks respectively there payable, to pay in specier . their the full amount thereof, to the person presenting the same, the bank, so refusing, shall forfeit and pay, to eie.e:s in sPe' such person, twenty per centum, in addition to the a-mount of such notes, to be sued for and recovered, by the holder thereof, with costs of suit, as other debts due from the said banks respectively, may be sued for and recovered. SEC. 3. And be it enacted, That from and after .Persons pro. the first day of May next, it shall not be lawful foriplattlytitnega orfrclotti! any person or persons, within this State, to pay Offering. to pay receive, or offer to pay or receive, or in any other rolertivnigngt loe t: way barter or exchange, any bank note, or bill, orceive Etc. any paper purporting to be a bank not, or bill, for any becnkfor note amount less than is made payable on the face of such thanits noemsa. bank note or bill; and for every offence, committed i87at. amount, against this provision, the person or persons, so offend- c" Peennaa lttyy ing, shall forfeit and pay a sum, equal to the nomi therefor. nal value of such bank note or notes, to be recovered, as debts of a like amount are now recoverable by the laws of this State, by, and for the use of, any per-son who will sue for the same. Sac. 4. .And be it enacted, and it is hereby far- One hair ther expreRsly ,provided, That as a condition of the:ef,7 passing, of this act, the president directors and cont. on the capital puny of the Farmers' Bank of the State of Delaware taht7skasi (1°1f) a nak1FI shall, semi-annually, pay to the State-treasurer of&c., to be paid this State, for the use of the State, at the rate of one itrilefsyteaterly to half of one per centum, per annum, on the whole ca- a pital stock of the said bank actually paid in, the first payment to be made at the end of six months from the date of their acceptance of this act, and thereaf-ter half-yearly, for and during the full time and pe-riod of its continuance ; aml that the president direc-tors and company of all the other banks in this act named, and the charters of which are hereby re-en-acted aml extended, or so many thereof as shall ac-cept of the provisions of this act, or any of them, shall, in like manner, pay one half of one per CCU- LAWS OF THE STATE CxHxvAiv-P..... ,- lJyu inp,a pide r iann, nruemsp, eocnti vtehleyi,r wdhuorlien gc atphiet acl osntoticnku aanccteu aol.f lt30. this act. Limitation' SEC. 6. and be it eaacted, That the annual corn-of the amount of the annual l,'.8"1 1"fillil to the cashier of the principal bank of the compensa. Farmers' Bank, and cashiers of the branch hanks at t""fthe Newcastle and Wilrair 9 orton respectively, shall not and0 edaesrhkisersof exc'eed 'seven and fifty dollars each, and to Farmers' the cashier of the branch bank at b'reorgetown, shall Bank, not exceed six hundred and seventy-five dollars, and to the clerks of the said principal bank and branches at Newcastle and Wilmington, respectively, shall not exceed five hundred dollars each, and to the clerk of the branch at Georgetown four hundred dol. lars ; and moreover, if there be more clerks than one appointed at the principal hank and each of the branch banks. then the compensation to each clerk shall not exceed two hundred and fifty dollars. ?bisect not Sec. 6. iiind be it el:art-ell, That this act, so for rhat'rxt'eernodc ttre as it provides for the further extension and confirm- Farmers, ance of the. said acts incorporating the Farmers' Ba"k' t"th." Bank aforesaid, is upon condition, that the stockhol- s sh.c.ibt,t-ilerr, or such ders of the same Bank, or such of them as may deem of hem as I proper, shall assemble together. at.their banking-ae. crtemasit,. ouse in the town of Dover, on the first Tuesday sr,ohlr on the January next, and they are hereby authorized and "Cuesclay 1 January, require", any thing i n the original charter or act of 182 I. and re. incorporation aforesaid notwithstanding, when so '°'°-assembled by an act ordinance or resolution of such a compensa- ,09 of heql the said stockholders as may so assemble, or a e"4.1J':e" and th, wn majority of them, to reduce the said annual compen- ks hi the limits pre.sations of the said several cashiers and clerks of the scribed in Evcdparmere Bank and its branches aforesaid, to the tion five ;--- maximum limit or sunis respectively prescribed and provided for in the next preceeding section, in rela-tion to future compensations, annually to be made, which limits arid the -limit of which compensations shall not here-sheal, l pern evbere after be exceeded by any act ordinance or resolution exceeded, Ete.Of either of the said stockholders or the said general board of directors of the said bank, otherwise this act shall have no force or effect in relation to extend. OF DELAWARE. 26 ing and continuing the original act incorporating the Farmers' Bank anti supplements aforesaid thereto. SEC. 7. .4nd be it enacted, That this act is, and This act shall be considered as having been, passed upon this roettlitohnarcothe further express condition, that the said banks, res.: said banks pectively, shall, from time to time, make out and sub- ss,"abtmemitents,"01 mit, or cause to be made out and submitted; to the their accounts General Assembly, such statements of their accounts,ral sseGmeibir respectively, as shall, by any vote of the said Gene- as shall be cc-ral Assembly, be required to be done. quired by a vote thereof. Sac. 8. Be it enacted, That nothing in this act One - orcontained, shall be construed to operate a forfeiture banks t- nal of the charter of any bank, by reason of any other complying bank not complying with the conditions prescribed with the con-ditions of this to such bank by this act. act, those complying Sac. 9. And he it enacted, That it shall be law; s'af f'e. ent el th toe rbee-ful for the stockholders of the said banks respective- by' St ockhol ly, at all meetings of stockholders convened pursu- ders of said ant to law, to vote, either in person, or by proxy, on banks may all subjects and questions that may arise and coe m rcmobnyair :tly. before the said meetings ; and moreover that a cur jets 8tn tificate of the acknowledgment, by the party, of 111V of due execution of the instrument of proxy, made by a meent dnysrotrxu.. notary public, under the seal of his office, shall be Y. 84c. sufficient evidence thereof. SEC. 10. and be it enacted, That it shall be law-Acceptance act for the stockholders of the said banks, respective- byful of ly, to assemble, at the respective places now fixed bybanks law for holdin4.0; the general meetings of stoekholders of the said banks, respectively, on the first Tuesday116ceon ktioreP of January, in the year of our Lord one thousand and con id eight hundred anti twenty-one, for the purposeof zdoc taking into consideration, and determining upon, ekettoblydetrhse their acceptance of this act for the further continu-ance and establishment of their charters respective-ly; and the acceptance of this act may be made by how to be a majority of the said stockholders, respectively, dfe: -- a who shall, at the said time, assemble together, anti to wehat signify to the governour of the State, within tea days time.... di 26 LAWS ON THE STATE' nud in what thereafter, by a certificate in writing; to be signed by manner to be the H- a!-l,l man of the said meetings respectively, am! (Sec condi. attested by the Secretaries thereof respectively, on- 'rmecut iuna t 1e.n)d ("der the corporate seals of the said halo respective- ty. No judge of SEC. 11. And be it further engeted, That no any court of ue this State. ton.e of any of the courts of this State shall be ca-shall be a di- pable of being elected, by the stockholders of the rector of ei-ther of said respective corporations, or appointed by the General banks. Assembly, a director during their continuance in of lice respectively. PASSED AT DOVER, t February, 1820. CHAPTER. XXV. AN ACT respecting the opening and repair of public highways, and the erection and mainte-nance of public bridges, in Newcastle county,. No "Pen. SEC. 1. BE IT ENACTED by the Senate and House es or dconse-of Representatives of the State of Delaware, in Ge-q"'"` on the 'sepal ilisen2bly met, Thaatt from and after the passing. In big out a ' public road int,' this act, no damages awarded, or expenses incur- Newcastle red, in consequence of the opening or laying out of enunt y shall be paid bi the any public road or highway, shall be paid by the cuitty,tilI the county, until, by the certificate of the road commis, d is open. rti and corn.stoners or a majority of them in the hundred or bun- Plated Et.c. dreds where such road or highway may be laid out or opened, it shall be made appear to the court, is-. suing the order, that such road or highway is actu-ally open and completed, any law usage or custom, to the contrary notwithstanding. No public SEC. 2. dnd be it enacted, That no public road road in New. castle county or highway shall he opened hereafter, in Newcastle :Alai be open-county, until the same, after having been confirmed eindg. uconntifli'r mbeed. by the court of quarter sessions, shall have been ap-by the luarterproved of by the levy-court of the said county ; to OF DELAWARE. Nir whom, a return, of the damages awarded and expen- sessions, it tiles incurred of said road or highway, shall be made,sheadllir by the commissioners returning the same, or a sina- vy-co-urtt L.e" jority of them, on oath or affirmation. SEC. 3. And be it enacted, That any act, or part Repeal of of any act, of Assembly of this State, which by this acts amended act may be amended or supplied, be and the same (ZuPPiled by is hereby repealed. PASSED AT DOVER, ii February, 1820. CHAPTER XXVII. ltESOI VED by the Senate and House of Represen- Vacancies tatives oj the dtate of Delaware, in General .assem- nth viz!i bly met, That Jame Nl'Callmont and Samuel H. =liners sup. Black, physicians, be, and they are hereby appoin. piled &c ted, members of the medical board of examiners for the State of Delaware, to supply the vacancies occa-s "Is 381' sioned therein by the resignation of James Tilton and the death of George Mouro. ADOPTED AT BOVFR, 13 January, 1820. r CHAPTER XXVI. RESOLVED by the House of Representatives, with C. P. Coin. the concurrence of the Senate, -That Cornelius P.arssmaglina: Comegys be and he is hereby appointed State-trea- surer. surer. Adopted by the !louse of Representatives, 12 January, 1820. Concurred in by the Senate, 13 January, 1820. ostesimseOsselesegmteedeesetzto SECRETARY'S OFFICE, Dover, 18 February, 1820. In obedience to the directions of As act of the General Assembly of the State of Delaware, entitled ...In act to en-join certain duties to be performed by the Secretary of State, and for other purposes", I have collated with, and corrected by, the original rolls, and caused to be published, this edition of the laws of the said State, passed during the last session t° the General ilssembly, which commenced on Tutsday Hip fourth day of January, and closed on Friday the eleventh day of February, in the year of our Lord one thousand eight hun-dred and twenty. H. X. RIDGELY, Secretary of the State of Delaware. IMMOSSOCOVeetletra56606661,666660 #01111.1~BMIlfil PASSED AT DOVER, 10 January, 1821. LAWS OF THE STATE OF BELAWA E. CHAPTER XXVIII. A SUPPLEMENT to the art, entitled, (On act Chap. cell; to regulate the practice of' medicine and sur-v01. 5. P 3133' gery in this State. SECTION. 1. BE IT ENACTED by the Senate and Number to louse if Representatives of the State of &laical., co stitute in General Assembly met, That five members otb"id the. board of medical examiners, appointed by vir-tue of the act to which this is a supplement, shall constitute a board for the transaction of business, any thing in the third sectioeof the said act to the contrary not ithstanding.' rt. CHAPTER X.XIX. APTfor ascertaining the salaries.of the Go-vernor and Attordey Generi.l,Pr fixing the compensation qf the members of the General Assembly and their ojicers. SECTION 1. lk IT ENACTED by the Senate and Rouse of Representatives of the State of Delaware in General Assembly met, That fromAnd after the . paging of Atli act) there skaii be allowed to the LAWS OF THE STATE coveraourGovernor of this State, the annUal salary of one per year dol. lace L000: thousand dollars, and no more;nd to the Attu''- Attorney mg. General the annual salary if one hundred and genera.; per fiftyy . dollars, and no more; an&from and after the yes! Z150. Mennheeh offirst Tuesday in October next, to,each of the mew- General As-bers of the General A.ssembly, two dollars and IV-remlily per di-em s2 50; ty cents, and to the Speakers of each house, three their speakered011arti, to their clerks respectively, two dollars .s3 00; their clerks and fifty cents, and to their door keepers, each one 82 50; dollar and twentjr-five cents for each and every day their clnor-'thev may keepers SI 25 v respectively be in attendance, with an additional ai.additional allwance of one day to each meather 1"alle',- in whose residence may be more than fifteen miles lIes, lieu 61mi-from the seat of government or the State. for going .. to, and one day for returning from the place where the General Assembly may convene. 2. And be it enacted, That the above sale-rieiltild allowances be paid according to the exist-ing laws of the State, in that behalf made. . volC. 1129.,1 3.1p/1a,g Ce' SEC. 3. 4n1 be it enacted, That any law, or 1068, ch ix,FleCt1011S of any law, or parts thereof which may he vol. 3. Pa 26,eontrary to, and inconsistent with this act be. and chap. xxiii, cec. 2, 4 LW° same are hereby repealed. PASSED AT DovEn, 15 January, t821. CHAPTER, XXX. Chap. xxx11, st sup pLENIENT to the act entitlod, 04n ad e. 2 vol. 1120 page. to requirinr,a Sherd7 s to give security." SECTION 1. 11r, IT F,NACTED by the Senate and Hnuse of Representatives of the ,4.itate of Delaware in General dssembly met, That in all cases in which the Cilovernor shall fill a vacancy in the office of sheriff by a new appointment to continue unto the next general elution and until a euccageor shall OF DELAWARE. 83 be chosen and duly qualified, the Person so ttP-p otetr.71'0aZi pointed shall together with three or more good and vacancy in substantial freeholders of the county within fifteentOretoof esnthe t days after said appointment, acknowledge a jiiiit into reeogni. and several recognizance to the State of Delaware, zance: before the chancellor or some judge of the su- how takeig preme court or court of conininn pleas, residing in the county, in the sum or twelve thousand dollars, upon the condition .expresItefl and set forth in the 2 vol 1130 p: first section of the act to which this is a supple-ment; which said recognizance shall be certified bylind certified; the chancellor Or judge before whom the same shall be acknowledged to the next, court of commt.n pleas to be held in and for the county. SEC. 2. And be it further enacted, That if any person so appointed as aforesaid shall neglect or refuse to give such security within the time-and in the manner aforesaid, or shall refuse ,or neglect for the space of fifteen days to deposit in the office of the Secretary of State a certificate by the chancel-of lor t». ju dge, as the case may be, before who m thecaSe; recognizance was acknowledged, that the said she-riir hath given security at the time and in the man, ner required by this act) be shall ipso facto forfeit the office of sheriff. SEC. 3. And be it enacted, That it shall be the Day ot duty of the chancellor or any judge of the supreme Chancellor dr court or court of common pleas, residing in theittageh county, to whom any person appointed sheriff as afpresaid shall apply, to take the recognizance a-foresaid, and thereupon immediately to make out and deliver a certificate thereof to the said Aerial PASSED AT DOVER,1 Januar,/ 18, 181. 34 LAWS OF THE STATE CT-T AP. XXXI. 111,,e Nr., CHAPTER. XXXL fs2i. AN ACT to in-orporate the trustees of the Trap school, in St. Geores hundred, N'ewcastle county, and to enable then v raise a sum not exceeding six hundred dollars; by a lottery. SECTION 1. BE IT EVACTED by the Senate and lionse qf Representatives of the State of!) tanners in General Assembly met, That Leonard Vande- Trustees, grift, John Janvicr, junior, Samuel L. Eccles, John Boyd and Alexander M'Caulley shall be, and they are hereby constituted a body politic and cor-porate, by the name and style of the trustees of the 'frap school, and by that name shall have perpetu-al succession, and may sue and be sued, plead and be impleaded, in any court of law or equity. Sec. 2. And be it enacted by the authority afire. IF That the said trustees and their successors, by the name aforesaid, shall be capable in law to purchase, receive and hold any lands, tenements, rents, goods or chattels, money or effects Which shall be given, conveyed and devised to them, for the use of the said school; and to sell, rent or dis-pose of the Same, in such _manner as to them shall seem most beneficial to the said school; and may have and use a common seal, with the power of al-tering or changing,' the same) as may be thought proper. Sec. 3. And be it enacted, That the said trus-tees, or a .Majority of them, shall have power, from time to time, to make and establish, such by-laws, rules And ordinances, not contrary to the laws and constitution of this State, as they shall judge ne-cessary and proper for the good government of said President, school; o tappoint a president, secretary,. tutor SeCtear., tor, crtaburer; or tutors, and treasurer; the last of whom shall re-ceive all monies accruing to the said school, and property delivered to his care, and pay or deliver ths btl1W4 to the order of the said trustees., or a DM* SEC. 5. slind be it further enacted, That the trustees aforesaid and their successors or a majori-ty of them, be, and they are hereby appointed com-missioners to raise by lottery, a sum of money not exceeding six hundred dollars, clear of all expen-ses, and the said sum, when so raised, shall be ap-plied to erect a good and suificieut building for the accommodation of said school. Lottery, SEC. 6. And be it farther enacted, That eachf Trustees.bezs of the said trustees shall previous to his enteringar:1'aq; on the duties of his office, as commissioner of the commission-said lottery, give bond to the treasurer of the Stateetorsg,el'aZ of Delaware, in the sum of two hundred and fifty dollars, conditioned for the faithful discharge of the trust reposed in them, and that if the tickets shall not be sold within eighteen months after the publi-cation of the scheme of said lottery, the commis- :Honors aforesaid, shall return and pay over to every . .s. ; OF DELAWARE. 25 jority of them: the said treasurer, before he enters upon the duties of his office. shall give bond alliNrcasuret security in such sum as the said trustees shall di- give bond. rect, payable to them or their successors, condition-ed for the faithful discharge, of the trust reposed him, and that he will when required by said trus-tees, render a true and just account of all monies and goods and chattels received by him on account of. and for the use of the said school; which trea-surer shall receive such salary as the said trustees shall allow. SEC. 4. And be it enacted, That the said trus-tees shall have power to take and receive subscrip-tions.S ubscri P thins for the use and benefit of the said school; and in case any person shall fail to comply with his or her subscription to enforce payment thereof; and Vacancy in in case of the death, resignation or other legal dis_ office of ma:- ability of any of the said trustees herein named;tees* Om vacancy thereby occasioned shall be supplied by an election to be held by the contributors to said school: Provided, that no person shall be appoin-ted a trustee who is not a contributor to said school. CHAP. XXXI. person or persons, on demand, the respective sum, that may have been received fur tickets sold iu said lottery. PASSED AT DovErti January tH, CHAPTER XXXII. AN ACT to authorize and empower dVsoah Ross. to remove certain slaves ,therein mentionea from this State into the State of Maryland. CHAPTER XXX111. et,ar. cm, AN ADIWI 10NAL SUPPLEMENT to "aa tool. 422 pa. act for mgulating the general elections of _this S'Iate." SECTION 1. BP. IT EXACTED by the Senate and Bonse of Representatives of the State of Belaware in Gin aval Assembly mat, 'fiat from and after the Christiana passing. of this act, the elections of Chri,tiana hon. hundred place of election, died being the second election &Met of Newcas- WiiMington tie county, shall hold their general elections and special elections at the Town Hall in the borough Id %1 ilmington: and that the said elections shall be carrird on and conducted by the same officers. ta the same manner and form, and under the same re-gulations as are already directed and prescribed by SEG. 2. and be it enacted, That so much of the act to which thi; is an additional supplement, and so ainch of the supplement to the said act as respec-. 4 leo LAWS OF THE STATE PASSED AT BOVVIt, January 19, PRIVATE ACT. OF .PELAAVA.RE. , . tiVely fix and establish the places of ,bolding elec-tions in Christiana hundred, are hereby repealed, made null and Void. PASSED AT DOVER,? January 1.9, 182t. S CHAPTER XXX1V. .A SUPPLEMENT to "The act for regulating Chapter elii; the general ele6tions of this State." 4 vol 452 pn; Br, IT ENACTED by the Senate and House of Re- st joree presentatires of the State if Delaware in General hunoledei,ec.. dIssembi y met. That the electors of the hundred oil,: Dover. Saint Jones' being the third district of the county of Kent, shall link! their general and special elec-tions at the Court-house, lathe town of Dover, in said county. PASSED AT DOVER, January 19, t8-21. CHAPTER XXXV. AN ACT conceraing the recognizances of officers. c.C24,,anx2i911. SECTION 1. BE IT ENACTED ba the Senate and Chan xx. House of Representatives of the State of Dela 'rare sec. 16,.i in General assembly met, That every recognizance40 which shall, after the passing of this act, be ac- v° ga,p4ter. knowledged for a certain sum of money, condition. ixxxvh, 4 vol. ed for the due performatice by any officer of the du- 2C6Ohfpa.gce..xliv, ties of his office, shall be a lien upon the lands and 4 vol. 395 pa. tenements of every such officer, to the amount of thec:e7ona: Sum mentioned in the body of such recosnizanceoens on that, from the time of the caption thereof. lands; PASSED AT DOVER, January 25, .41 PASSED AT DOVER,i January 117, 1821. LAWS OF THE sTATt CHAPTER XXXII. AN ACT .for the reliV of Jog-ph England of Xewcastle coanty in this State. PASSED AT DOVE/i tti January, 1821. CHAPTER XXXVII. AN ACT to vest the title to a ti' wt qf land in AUL Smith, widow (f Lancelot L. Smith. CHAP rEn xxxvm. AN ACT to enable the owners and possessors qf the meadow-ground. marsh a '4 cripple on Tom's creek in .Vdwcastle coney. to keep the banks, drains. sluices and flood A.ates in re-pair, and to defray the expense thereof. CHAPTER XX XIX. AN ACT to prevent swine running at large with, in the bounds if Georgetown, in Sussex rounty. SECTION 1. BE IT ENACTED by the Senate and Prohibition. //raise lf Representatives of the State rf lie/aware in General Issembly met, That from and after the PRIVATE ACT. PRIVATE ACT. NIMMIMINIMOMMININM PASSED AT DOrER, January :27, 18:21. PRIVATE ACT. IMI10" OF DELAWARE. first day of March next, no person or persons whomsoever, shall suller or permit any of their bogs or swine to go or be at large within the limits or bounds of Georgetown. in Sussex county, and withont the enclosures of the owner or owners thereof. Ste. .2. and he itfurther enacted, That it shall Day ofeion. be the duty of aoy constable of Broadkilti hundredsh'obrlietyaonf` when within the said town, and informed of any dux persons. such hog. hogs or swine going or being at large as aforesaid, and it shall and may be lawful for any other pet son or persons, to seize, pen up and safely help for sale, all such hogs or swine so found or being at large as aforesaid; rind the said constable or other person having charge of said hog, hogs or swine, shall and they are hereby authorized and required, within eight days after such suizure, anti after seven days public notioe in writing, of the time and place or sale, set up in two of the most public places in said town, and sell and deliver the same to the highest bidder, and the proceeds there-of. if any, after deducting fifty cents for seizing and selling each hog, and six cents for each day feeding and keeping the same, shall be paid to the treasurer of the poor of Sussex county, for the use of the poor of said county. SEC. P. Provided always nevertheless, That if Owners pri-the owner or owners of such hogs or swine, shall" ege. at any time before the sale thereof, pay or tender to the constable or other person having charge thereof, the sum of twenty-five cents for seizing each hog, and six cents per (lay for feeding and keeping the same, then and in such case, the said constable or person having charge thereof shall permit and suffer such owner or owners to take and carry away the same. SEC. 1. And be it enacted, That if any consta- Penalty on ble shall refuse or neglect to perform the duties en- constable for joined on him by this act, he shall forfeit and pay ntlect of du. for every such offence the sum of five dollars to any Y. LAWS OF THE STATE person or persons who will sue for the same, to be recovered as (let)ts under forty shillings are made recoverable by law. SEC. 5. .1nd be it enacted, That if any suit or action shall be brought and prosecuted against any person or persons for any act or thing done Or per-this act evi.formed, in pursuance tif this act, it shall and may 'knee under he lawful for the defendant or defendants in such general issuo.suit or action, to plead the general issue, and on the trial thereof to give this act in evidence. Sr.c. 0. And be it further enacted, That the act entitled, '.An act to prevent swine running at large Repeal, in Georgetown," which passed the seventh day of 1xxxv, c 2February, one thousand seven hundred and ninety. vol. 1218 pa. five, be and the same is hereby repeated. PASSED AT BOVER. t.)9 January, 1821. CHAPTER XL. Chap. ccali, A. FURTHER ADDITIONAL SUPPLE- 4 vol. 647P E NT to the act entitled, Mu act respect- chap. xxx, 5 vol. 65, chap. inc.. the arm belonging to the Slate of' De-lxvii, 5 vol. lawarc. 117, chapter cxcix, 5 vol. 863. SECTION 4. BE IT ENACTED by the Senate and House of Representatives of the State of Delaware Penalty for . not del;veringin General Assembly met, That if any person or antis to corn-persons who mar -be in possession of any musket missary. - or muskets, or of any arms whatsover belonging to this State, shall upon application made to him, in the presence of one credible witness, by the commissary of military stores of the county in which he resides, refuse or neglect to deliver such arms within ten days after such application to the said commissary, he shall forfeit and pay the sum of thirty dollars for each and every musket or ether OF DELA-WARE. 41 arms in his or their possession, to be recovered as other debts of like amount are recoverable by the laws of this State, one moiety thereof for the use of the State and one moiety thereof for the use of the person prosecuting and recovering the same. PASSED AT DOVER, January 29,1821. CHAPTER XLL A. SUPPLEMENT to an act entitled ccan act Chapter cvi, enjoining certain duties on the Secretary qt.3 vol. 239 pa. State, and other officers therein mentiuned." SECTION 4.. BE IT ENACTED by the Senate and Secretary to lliniSe iif liepresentatives if the State of Delazrare transmit to in General .4.4sembly met, l'hat the Secretary art allsettorrfisane; State be, and he is hereby required and directed &c remitted; within three months after the passing of this act,when. to make out and transmit to the State-treasurerq a list of tines and forfeitures remitted by the respec-tive governors of this State, up to the first Monday of December last, or so far as there is any evidence in the department of State. of those remissions up to that time; and the Secretary of State is hereby required and directed on or before the first Monday of December next, to transmit a list of fines and for-feitures to the State-treasurer remitted by the go-vernor of this State from the first Monday of De-cember last, up to the first Monday of December next; and the Secretary of State is hereby required and directed, annually by the, first Monday of De-cember in each and every year thereafter, to report to the State-treasurer the fines and" forfe,itures which the governor may have remitted during such year. SEC. 2. Be it enacted by the authority aforesaid, Treasurer to That it shall be the duty of the State-treasurer tOcredit "; credit the Account of the respective persons; here,cor rnetrivansicoansse.:, CHAP. XL. 1821. If; CHAP. X LI 1821. LAWS OF TULE STATE tofore or now holding the office of sheriff in the respective counties in this State, with the amount of fines and forfeitures, which it shall appear to him by the report of the Secretary of State. to have been remitted by the respective governors of this State. S P.C. :3. Be it enarted by the authority aforesaid, Sheriffs to re.That it shall be the duty Of the respective sheriffs tnufr n sa3mlc,,hunotf in the con ii of this State. to make a return to persms sold 1.11C next term of the court. after which any person as servants. shall he adjudged to In' sold as a servant for the payment of flues. forfeitures, restitution money, togs or jail fees. the sum such person was sold for, and the name of the purchaser. SEE. 4.. Be it enacted by the authority qforcsaid, Clerks ofThat the respective clerks of the court of oyer and over and ofterminer and general jail delivery, or the clerks of ethwe, oPrs'," (1"11 o'rt. he court of t0n. e nerd sessions of the peace within der of sale the the counties of this State, shall be, and they are items for hereby required and directed to endorse on the or- vhi h sold, term of u.r.der of the court, that shall adjudge a person to he vice, maLe sold as a servant for the payment of fine and forfeit-record of the . sheriffs return fire, restitution money, costs or jail lees, the several lie of it, items for which such person is to be sold, shall Em scuhmas earn. d P"'entered on such order, as well as the term of time, and the clerk shall enter on the record of the court making such order, the time when the sheriff shall make return, the sum sold for and the name of the purchaser. SEc. 5. Be it further enacted, That it shall be Clerks te 'the duty of the clerks of oyer and terminer and ge. port In Sta.te trtasurer, nerd jail delivery, or the clerks of the court of ge- Ptin" due nem( sessions of the peace within the respective frum sheriff al of this State. to report to the State-treasu- Pcomnsascer-rer, on or before the first Monday of December vAntswhe».next,- and on or before the first Monday of Decem-ber annually in each and every year thereafter, the sum or sums of money due and owing from the res-pective sheriffs, on sales of persons, after costs and other charges are deducted; and if it shall appear OF DELAWARE. from the report made to the State-treasurer by the clerks of the respective counties in this State, that the person adjudged to be sold as a servant to pay the fine and forfeiture has not sold for a sum over and above the costs sufficient to pay the fine and forfeiture, then, in that case the State-treasurer shall credit the account of such sheriff making the sale of such person, with the deficiency. SEC. t3. and be it farther enacted by the autho- Chief jos- rity u.bresaid, That the chief justice of the court ticeS to tr of oyer awl terminer and general jail delivery, or mitt to levy. of the court of general quarter sessions of the peace. csofurfeesb,412ceer within the respective oonnties of this State, in all sales. cases when it shall appear to such chief justice by vy.tc).auty;t0failici the return of the sheriffi of the respective counties, of clerks; that the person adjudged to he sold as a servant fee thethe payment of tine and forfeiture, restitution money, costs or Jail fees, has not sold for such a-mount, the chief judge shall cause the clerk thereof, to make out a list of the fees, remaining due to the respective officers and witnesses, after deducting the amount of sale so made, and transmit the same, af-ter being signed by such judge to the levy-court of the respective counties, who are hereby required to raise the amount thereof as other county rates and levies, and the clerks of the respective courts within the counties of this State, shall draw orders on the county-treasurer in favour of the persons so certified, by the chat* justice of such court, to be due, and the treasurer of such county, shall pay such orders so drawn upon him out of the funds of the county in his hands; and the clerks of the courts drawing orders on the county-treasu-rer shall transmit to the auditor of acconnts, a list of all orders by them drawn under the authority of this act, specifying the name of the petson, the a-mount and date thereof, on or before the first Mon-day of December next, and annually, on or before the first Monday of December thereafter. ThSaEtC if. "a7n. yB seh eitr iefnf aocrt ecdle bryk tshhea allu tnheogrlietcyt atofo dreos aanidd, clerSkh neerizlTle cot.r. CHAP. XL1. LAWS OF THE sTATt ing, thtSteme. perform the several things required by this act, the dy. reMiective courts shall punish the said sheriff or clerk for eontempt,of the said court as other con-tempts are punished. SEC. 8. Be it further enacted by the authority Justices otlfinTsaid. ['hat it shall be the duty of the respec-peace to Live justices of the peace in the several counties of mof f"inseim to a.ui t-itate9 and they are hereby required awl three.. ditor of ac- tea to transmit a list of all fines imposed by thtmn, counts; whenion or before the first Monday of December pext, awl .on or before the. first Monday of December annually thereafter, to tlw auditor of accounts of this State; in such list the respective justices shall in what such report the use to which such fine imposed is appli-lists must concable, the name the constable who shall be ap-pointed to collect the same. the date when imposed, and the name of the person adjudged to pay such fine. PASSED AT I)ovan,? January 29, 182t. CHAPTER XL1I. A SUPPLP, \IFNI' to an act entitle4 act Ar stopping St. George's cree4., and for em-banking (1,4 draining a quantity if marsh and cripple on both sides of said creek; being deem-ed about three Him:sang acres, situate in Red-lion and St. Georgo's hundreds and county if .1Vewcast1e. and for keeping tlu, dykes and darns belonging to the same in good order and repair." P SSED AT DOVER, January 9, 1821. 5 PRIVATE ACT. OF DELA.WAhN, 'CIIIAPTER AN ACT to incorporate a company for cutting and opening two canals to facilitate the navz-bmanb rs of Christiana creek. WitEnEns the cutting and opening two naviga-ble canals, communicating with Christiana creek, a short distance below or to the eastward of the harbour of Christiana village, in Newcastle county, to pass through certain marsh or low.grounds of Jeremiah Lewden, and also of Samuel Johnson, formerly of Benjamin Patterson, respectively, would allIn-d great facilities to vessels navigating the said creek and be of public benefit. 45 CHAP. 1821; Prcamblt. SECTION 1. Be it enacted by the Senate and Rouse of Representatives qf the State of Delaware Commis- in General .Issembly met, That David Nevin and sioners Abraham Egbert of the village of Christiana, be, and they are hereby appointed commissioners, to f o and 'warm the several acts and things herein-after mentioned; that is to say: they shall on or be-to open books fore the twenty-eighth day of February next, pro-tfoornssubscrip. cure one or more books, and in each of them enter a.; follows: " we. and each of us whose names are hereunto subscribed, do promise to pay to the pre-sident and managers of the Christiana canal com- amount of pany, the sum of -five dollars for every share ofeach share stock in the said company, set opposite to our res- pmaaynmneenr o pective names; that is to say: one dollar at the time of subscribing on each arid every share subscribed for, and the remainder shall be paid in Finch man-ner and at such time or times as the said president and managers may appoint and direct," which pro-inise and engagement shall and is hereby declared to create and impose on each and every subcriber thereto, a legal obligation to perform the terms thereof; and the said commissioners shall thereup. on give ten days notice, by advertisements, setupnotice a mi in public views of the time and place of openingp.ingpoiso the said book or books: to receive sabscriptious 46 LAWS OF TILE STATE aforesaid, to the capital stock of the said company4. at _which. place the said commissioners or one of them, shall on the day appointed attend and receive crbo may sub. subscriptions from all persons who may be able and scribe; capahe in law to make a contract, si.ho shall offer to subscribe for share or shares in the said stock, in their own name or the name or names or any per howlong son or persons duly authorizing the SaMP; and the b,,k9 kept 0.said Inyik or books shall be kept and continue open for six hours on the said day, and for the some pe-rintl of time on each succeeding juridical day un-til the said books shall have one Intodred and twenty shares therein snbcribed: Proviited always, and he it enacted. that the said attewlitig commis-mint() he m issioner or co missioners shall be entitled to re- : paid , subsctib.CePre, and receive the said pa, ment or_ 0TH' 4 olhr kn. on each and every slime snliscribed for. from the subscribers, respectively, at the time of subscrip-tion in trust for the said president and in nag(' I'S to be paid over to them when the said company shall be otganized and those officers chosen. SEC. T. .1nd lie it enacted. That when and a% Subscribers soon as one hundred and twenty.shares in the said incorporated, . qvhen 120 calnial stock shall have been subscribed for. the share.; sub-subscribers, their successors and assigas shall be, cubed. and hereby are created and made a body corporate and politic, in deed and in law, by the name, style Name; and title of write Christiana canal company," and by the. same. name the said subscribers shall have perpetual succession; and are hereby made able-and capable in law of taking and holding their said power of en-Capital stock, arid the increase and profits thereof; iarging sthck and or enlarging the same, from time to time, by e&other pow-new subscriptions in such manner and form as they shall think proper, if such enlargement shall be found necessary to fulfil the intent of. this act, and of purchasing, taking and holding to them, their successors and assigns, and of selling,qransfering and conveying in fee simple or any lesser estate, all such lands, tenements and hertditaments and es-tate, real and personal as shall be necessary for them in the prosecution of their works; and of sa- OF DELAWARE. 47 lug and being sued, pleading and being impleaded, answering anti being answered, defending and be-ing defended in courts of law and equity and else-where; and also to make have and use. a common seal, and the same to break, alter and renew at pleasure; and also to ordain, establish and pat iu execution such by-laws, ordinances and regulations as shall seem necessary and convenient for the go-vernment or the stud corporation, not being contra-ry to the constituti(0) and laws of this State or of the United Slates; and for the making whereof the general meet. said president and managers shall have power toasie°rksstock.hov call general meetings or the stockholders on era- ' sonahle notice to be given by them, by advertise-ments set up in public view, and generally or do-ing all and every other matter and thing which a corporation or Wily politic may lawfully do. SEC. S. dad be it enacted, That the said corn- when 1O missioners as soon as conveniently may be, afters:,7besd, coin. the said number of shares shall he subscribed asmissioners to aforesaid, shall give notice, by advertisements setiarlonil mgeteL: up in public. view of the time and place by them scribers, and to be appointed for the meeting, at, least list5 daysqemlLto previous to the meeting of the said subi-cribers, atorganized. which time and place the subscribers shall proceed to organize the said corporation, and shall choose by a majority of votes or the said subscribers by ballot, to be delivered in person, or by proxy drily authorized, one president and three managers, one Officertreasurer and such othee.officers as they shall think necessary to manage and conduct the business of the said company until the first Tuesday, in the month of February then next_ ensuing, and until. Continuance other such officers be chosen; and moreover,' shall' e' annually thereafter on the same day in every sue- annual meet. ceeding month of February, at the same place mina. such other place as the president and managers, for the time being, shall direct by advertisements set up ten days preyiously in public view, the said limt Tuesday in February, choose a presideut and three managers, a treasurer and such other officers for the purpose aforesaid, as may be deemed necessary and couveuieut. LAWS OF THE STATE SEC. 4. ;and be it enacted, '['hat the president and Certificates managers first to be chosen shall procure certificates of stock, how and by whom to be printed or written, to be made out and issued issued, under the seal of the corporation, signed by the president and countersigned by the treasurer, to be delivered to the respective subscribers for the Proviso. share or shares of stock by them held: Provided, that the part or parts of the subscription money at the time payable, be paid to the said treasurer, and the residue thereof secured to be paid by bond or note to be given to the said president and managers delivered by the subscribers aforesaid to the Sai(1 rraCfneerasbt ee treasurer; which certi1icate3 or stock aforesaid shall aen dt ranmsafenrnse, r bpee rtsroann sofre rbayb lea tbtoyr ntheye , owinn ethr ea npdre hseonldcee ro tfh etrheeo fp, rein-sident or treastner, subject however to all payments bow '"tIog nbeee. due and to grow due thereon. and the assignee ho!- come a mem. ding any certificate having first caused the assign-r. ment to him to be recorded or entered in a book of the company to be kept for the purpose, shall be a member of the corporation entitled to the share or shares of stock therein mentioned, and all the es-tate and emoluments of the company, and to enjoy and exercise all the rights and benefits of member-ship, and to vote at all elections and on all ques-tions arising at the meetings of the said company. SEC. £5. And be it enacted, That of the presi- Presmentilent and managers, any three of them duly assem-and tnanagers bled shall form a quorum to do business; and iu quorum In absence absence of the president the managers assembled of presidentAIlay choose a chairman and shall keep minutes of his place suplhe-r proceedings to be entered in a book: and Minutes. shall have full power and authority, and they are presPidoewnet rsa nodf hereby vested with full power and authority to cut, managers toopen and improve, and cause to be cut, opened and cut two ca-improved for the purpose of shortening and facili-tating the navigating of Christiana creek aforesaid, to and from Christiana village afaresaid, two ca-nals connecting with different points or the said tevnipet cioanna lo fd; en-creek; that is to say: one or the said canals shall be cut, opened and improved, through the marsh or low-grounds of Jeremiah Lowden, beginning at the. OF DELAWARt. 4,0 distance of about forty paches. below the ivharves of the said village on the south side of the said creek, and at or near the upper part or point of the great bend of the said creek next below or to the eastward of the said wharves, and running thence through an across the same marsh or low-grounds by a straight line forty-six perches on to its inter-section with the said creek in its course further east-ward; and the other of the said canals shall he cut. description of opened and improved through the wild or unimpro- tlaile: other ea-. ved marsh or low-grounds of the said Samueln Johnson, beginning in the said creek at the tipper part or point of the lesser bend of the said creek next below and to the eastward of the said greater bend, about one hundred and thirty-eight perches below or to the eastward (following the courses of the said creek) of the eastern point of intersection of the said forty-six perch line with the said creek, and running thence on the north side of the said creek by a straight line seventeen perches across and through the same wild or unimproved marsh or low-ground to its intersection with the said creek in its course further northward and eastward; and moreover to make and render the said canals navi canal to be na, gable for vessels navigating the said creek, and SO vveig,ait for to keep and continue the same canals thereafter, and shall and may as soon as the nature and exi further pm-gency of the case will admit, enter as well into ander' upon the Said marsh or low grounds of the said ;Jeremiah Lewden, as into and upon the said wild or unimproved marsh or low-grounds of the said Samuel Johnson, and into, upon and over the lands, tenements and hereditaments adjacent, respectively, to the said canals and marsh or low-grounds, with full, free and uninterrupted ingress, egress and re-gress to, upon, through and over the same, with their surveyors, engineers, superintendants, agents, artists, workmen, labourers and chain carriers, at all times for and during the period of time they shall be engaged in surveying, marking, laying out, cutting, opening, improving, rendering navigable as aforesaid, and completing the said canals, for the purpose of surveying marking, laying out, opening, improving, rendering navigablecu t.angs. 50 LAWS OF THE STATE CXHLAIIPI.' aforesaid, furl completing the said canals in all res. pects; and furthermore, are hereby vested with 18/21. all power and authority as well direct as ineiden-t »1, for commencing, carrying on, and completing all works and operations in and about the said ca. cals. SEC. dnd be it enacted, That the said pre-sident and manager's having completed the said ca-nal and rendered the same navigable for vessels na- T.,» gather- Vigating Christiana creek aforesaid, it shalt and crs to he ap- may be lawful for them to appoint a toll-gatherer pointed; or toll-gatherers as they may think proper, to col-lect and receive from the owner or person having the charge and command of each and every vessel passing through the said canals or either of them, the tolls and rates hereinafter mentioned, to wine!' all ,issaid tolls and rates all and every vessel and vessels passing citherpaSSillg the said canals or either or them are here-call; nal liable to by declared to be subject and chargeable with, that to the said tolls and rates for passing the said canals ra'es of toll; or either of them shall be as follows, to wit: for tIs by who/neve rj vessel ladened in whole or in part with and where paid; et. o'oodswares or merchandize or articles of proper-ty, fifty cents; for every other vessel, thirty-seven and a half cents; for every scow or lighter, wheth-er laden or unladen, twelve and a half cents; for evcry raft of lumber, fifty cents: that the said re-spective tolls and rates shall be paid to the toll-gath-erer of the said company by the owner or skipper or person having the charge or command of each respective vessel hound or passing up the said creek after passing the said canals or either of them at Christiana village aforesaid, without delay, and by the owner or skipper or person having the charge or command of each respective vessel bound down the said creek, intending to pass through the said canals or either of them helbre such vessel leave or depart from the port or liar-bnyv rccovcrifor of the said village, and that in case of neglect or reftisal on the part or the person or persons bound to pity the said tolls, the said toll-gatherer. shall without delay cause the said toll to be .pro-ceeded for and recovered in the name of the said o DELAVVARB. i Company against the person or persons bound to nfegirtt Or re. the peace, &c. in and for Newcastle county, to- 'k r,;Par pay the same before any justice assigned toeePpenalt ,Pether with the further sum or penalty or four dol-lars. as deltts under forty seillings are recoverable agreeably to' the laws of this State, and shall be paid when so recovered and received by the said toll-gatherer into the hands of the said treasureroonn.ppropria. for the use of the said company, and in like man-ner all other tolls by him received from time to time. SEC. 7. iind be it enacted, That the subscrip-tion monies aforesaid so as aforesaid directed to be paid by the said subscribers, to the president and managers aforesaid, to be applied by them after defraying the expenses incurred in procuring the said subscriptions and organizing the said compa-ny to the cutting, opening, improving and render-ing navigable for vessels as aforesaid, the said ca-nals shall in the first instance to be paid by them over to the said treasurer, whose duty it shall b, to be paid to - treasurer, to receive and safe keep the same; and all other monies that shall be paid over to hint for or on ac-count or the said company to be paid and disburs-ed by him on orders to be drawn by the president. and disindIrsed ir2i1e d by him, and countersigned by one of the Zawern8, situ] managers, in favour of any person or persons; signed, &c. arid the said monies and funds are hereby declared to be applicable, and shall be 'applied to the com-mencing, carrying on, completing the said works and operations, aml otherwise after that shall be satisfied, for the use, benefit and emolument of the said stockholders: and that the said treasurer shall Treasnree$ give bond to the said company, in the penalty 0fb°14 fifteen .hundred dollos, to be delivered to the said president and managers, and safely kept byt1l- ecmo nditiory conditioned for the due performance of his said of-fice of treasurer, with sufficient surety, if required, and that before he enters on the execution of fin, duties of his said office. LAWS OF THE.. STATE SEC. 8. Ad be it enacted, That the said presi- Acccunts dent .and managers shall keep fair and just ae-of all moniesc,o unts of all monies which shall be received by tcceivett (nem from the said commissioners and from the subscribers to the, stock of the said company on ac-count of their several subscriptions,: and also an ac-and expended,Cou lit of all monies expended by them in the pro-secution of their woks, and submit such accounts In be submit- to ' mentHlinr of the said stockholders, to he called holders, stock. for the purpose, by the said president and mana-gers upon reasonable public notice, of the time and place of such meeting, to be given by the said pre. sident and managers \Olen, and as soon as the said wbent canals shall be completed, and all the costs, charg-es and expenses Or effecting the same shall be ful-ly paid and discharged, and the aggregate amount of such (cruses shall be liquidated and ascertain-ed and if upon such liquidation, or WilelleVer the whole or the said capital stock shall be nearly ex-pended ilshall he found that the said capital stock NI ill not he sufficient to complete the said canals ac-in what case cording to the true intent and meaning of this act; capital it shall be lawful for the said president and mana-gers at a stated or special meeting to be convened iucreased. according to the provisions of this act Or their own by-laws, to increase the nutnber of shares to such extent as shall he deemed sufficient to accomplish the work, and to demand and receive the monies sub-scribed for such shares, in like manner as herein before provided for the original subscriptionsor as shall be provided by their by-laws. fite.c. 9. Ad be it enacted, That the said presi- Accnunt of dent and managers- shall keep a just and true ac-kik, rendered count of all monies received for toll, which it shall trcea% i117 CT , aDie the duty of the said trcasurer to render them a 1:qr b) presi- weekly account and shall half yearly make and de-der, and ma- dare a -dividend of the clear profits, alt incideatal .7., rs 0 wirlertds and other costs, charges and expenses and a reason- "' "r"" able fund for the replirs of the said canals and a- . they improvements, being first deducted aud'reserv- ,,, oc publish. ed among all the stockholders of the said company, . A iqi tilne,ahd -s h all publish and matte known the half yearly : , piacc of _:locnt: dividends to be made of the clear profits as a, Ira OF DELAWARE. ria foresaid among the; said ,stockholders, and shall also give public notice of the. titne and place of pay-ment thereof; and cause the same. to be paid: Pro- no dividend vided- always nevertheless, and be 'it enaeted,.thattill firns tFtlbo n the first dividend of the said profits shall be made ary, 1822, and,declared on the. first Monday in February, iii tentni= the year eighteen hundred and twenty-two, antqvrhen pays.. not before; and dividends shall be made aiiAl ed semiannually as aforesaid thereafter, payable in ten days afterwards by the treasurer; by orders to he drawn as aforesaid on him in favour of the said stockholders respectively. Sm. 10. .find be it enacted, That in order to Damages ascertain and fix the damages, if any, that may be sustained by sustained by the said Jeremiah Lewden, and theLeiwerd'emn iahbs, said Samuel Johnson, respectively, by reason °treason of cut. cutting; and opening the said canals awned' the said hog said ca-several parcels of marsh or low-grounds aforesaid, it shall be lawful for the said president and maim- i h.T gers of the said courntny7 after the completion of ascertained, the. said canals at the request of Jeremiah Lewden aforesaid, to choose one person, being a freeholder of the said county, and for the said Jeremiah to choose another person, a freeholder, who shall be fit and disinterested persons, which two persons shall thereupon mutually choose a third fit aud dis-interested person, also a freeholder of the said county, who after being swam or*affirtned to dis-charge their duty in this respect, faithfully shall, or any two of them shall proceed to ascertain and determine and assess the damages, if any sustained by the said Jeremiah, by reason of the said canal passing through his said marsh or low-grounds, taking two consideration the advantages as well as the disadvantages arising from the said canal to the said Jeremiah, exparte on five days to be given to the parties respectively, of the time and place of meeting of the said referees, who shall make their report in writing, affixing their hands and seals to duplicates thereof; one of which shall be delivered by the said referees to the said presi. 54 LAWS OF Tilt& STATE SEC. -8. 4fidbe it enacted; That the said pfesi- Acceunts dent-and managers Shall' keep fair' and inst-id- . counts of all monies which shall be received by refc1v'Z0nies them'from the said commissioners and 'front: the subscribers to the stock of the said company on ac-count of their several subscriptions, and also an ac-andexpended, COUllt of all monies expended by them in the:pro-secution Of -their woi'lcs; 'and submit such accounts to be submit-ted to stock-to a meetino. of the said stockholders, to be called holders; for the purpose, by the said president and mana-gers upon reasonable public notice, of the time and place of such meeting, to be given by the said pre-sident and managers when, and as soon as the said when: canals shall he completed, and all the costs, charg-es and expenses of ellecting the same shall be fol-ly paid and dii:charged, and the aggregate amount of such eliettses shall be liquidated and ascertain-ed, and if upon such liquidation, or tvhenever the whole of the said capital stock shall be nearly ex-pended it shall be found that the said capital stock ss ill not be.sullicient to complete the said canals ac-in what case cording to the trueintent and meaning of this act; capital it shall he lawful for the said president and .mana-gers at a stated or special meeting to be. convened increased. according to the provisions of Allis act or their own by-laws, to increase the number of shares to such extent as shall be deemed sufficient to accomplish the work, and to demand and receive the monies sub-sCribed for such shares, in like manner as herein before proNided for the original kubscriptions, or as shall be provided by their by-laws. SEC. 9. And be it enacted, That the said presi- Account of dent and managers Shall keep a just and true ac- Ntyollhkireuderebd count of all monies received for toll, which it shall treasu'rer, ald be 'the duty of the said treasurer to render them a kept b presi- weekly account and shall half yearly make and do-dent and ma-oa, p,,rs ciare a dividend of the clear profits, al! incidedtal Dividends and of profits other costs, charges and expenses and a reason-able fund for the repurs of the said canals and a- . thee improvements, being first deducted aud`reserv-to be publish- ed among all the stockholders of the said company, ' .":11 tutie,and shall publish and make known the half yearly paCC Oa l'-;111COl: dividends to be made of the clear profit* as a, OF DELAWARE. tfa foresaid among the said ,stockholders, aria shall also give public notice of the time:and. place of pay- Ment thereof, cringe the same th.bcpaid: Pro-no . dividend vide& always neverthflrsAi and be it enacted,.thailt F bo the first dividend Of the said profits' shall be, made ar;,1822, and,declared on ,the first -Monday ,in February, in rmLeaytte'ar.1- the year eighteen hundred and twenty-tWo,, and when paymi% not before; and dividend's Shall be made and .declar- We. ed semi-annually as aforesaid thereafter, payable in ten days afterwards by the .treasurer; by orders to be drawn as aforesaid on him in favour of the said stockholders respectively. SEC. O. and be it enacted, That in order to Damage ascertain and fix the damages, if any, that may be sustained by sustained by the said Jeremiah Lewden, and thedwerdeemniabb7 said _Samuel Johnson, respectively, by reason areas= o'r cut. cutting and opening the said canals through the said tine said ca. several parcels of marsh or low-grounds aforesaid, it shall be lawful for the said president and mana- when Sc gers of the said comlany, after the completion of ascertaines, . the said canals at the request of Jeremiah LeWden aforesaid, to choose one person, being a freeholder of the said county, and for the said Jeremiah to choose another person, a. freeholder, who shall be fit and disinterested persons, which two persons shall thereupon mutually choose a third fit and dis-interested person, also a freeholder of the said county, who after being swarn or'affirmed to dis-charge their duty in this respect, faithfully shall, or any two of them shall proceed to ascertain and determine and assess the damages, if any sustained by the said Jeremiah, by reason of the said canal passing through his said marsh or low-grounds, taking into consideration the advantages as well as the disadvantages arising from the said canal to the said Jeremiah, exparte on five days to be given to the parties respectively, of the time and place of meeting of the said referees, who shall make their report in writing, affixing their hands and seals to duplicates thereof; one of which shall be delivered by the said referees to the Said presi- D LAWS OF TILE STATE dent and managers, andthentlier of which shall CHAP. be delivered to the Said jeremiali Lewden which report shall be final ,and conclusive, in relation to 18,21. the matter thereof between the Said parties, and in like inantwr a similar proceeding and reference Damagshall take place between the said president and of Samuel managers and the said Samuel Johnson, to three rJe"rhta"in"e"d ains i, t and disinterested persons, frebliolders to lw se-like wanner. lected by the 'said parties in the same manner, whir the same power to hear, 'determine and assess da-mages, any two of them having authority as .tfore-said, to proceed in the case, Ciking into their con-sideration the advantages, as well disadvantages as in the said other case ('.part, on ten days; tulk-ing reprt in writing- and duplicates as provided for in the precedingcase, which shall in like 111:In-ner be conclusive between these parties as in the said other case between the parties therein. Sec. IS. and be it enacted, That the said pre - Accounts of si all receipts & dent and managers shall at the expiration of e-expenditures very fifth year from and after passi1 g. this act, von-to be render- der to en t to Lcgisla- the legislature of this State a fair and just tore evoryaccount of the tolls and emoluments received by fifth year; said company from the said canals, the capital expended in cutting the said canals, the costs, charges and incidental expenses incurred, adding thereto nine per cent. annually, on the said capita expended, inclutlingin the said clpital any monies that may be paid by the said company as damages of the said Lewden and Johnson; and when and as soon as it shall appear to the said legislature from the said accounts so as aforesaid to be render-ed, that the said stockholders have been fully paid and when nand reimbursed the capital to be expended by them slnall appear stockholders as aforesaid, out of the tolls and profits of the are reimbur- stOd Canals, that then and from thenceforth the said sed, the capi-tai expended, corporation shall be dissolved, and this act and the the corpora- '''rnht to take tolls from vessels passing the said ca-tion shall benals and other powers, authorities and privileges absolved, granted hereby to the said company shall cease and determine. PASSED AT DOVER,i January X91 18g1. OF DELAWARE. 55 CHAPTER ,XLIV., CHAP. XLIV. AN ACT fortha. appointment of an 'auditor of 1821. ...116countS. SECTION 1. 13E IT ENACTED by the Senate anda ,tIoohn M. House of Representatives of the State f D ielaware pcalitedi auat in General ;.-Issembly met, That John :,t1. Clayton, tor for three be and he is hereby appointed Auditor of. AccOunts years' fo, the term of three years from the passing of this act, and from thence to the end of the next sessitin of the General Assembly. SEC. 2. dind be it enacted, That if the said Au- In ease of diI01* of Accounts shall die, or be otherwise hie:I-vacancy how imitated for discharging the duties of the said"Pyhed-office in the recess of the General Assembly, it shall and may be lawful for the governor for the time being, to appoint some other fit person to that office, who shall continue in office until the end of the next session of the General Assembly after such appointment, and no longer, unless reappoint-ed by the General Assembly. PASSED AT "DOVER, January 30, t81. CHAPTER XLV. AN ACT for regulating the construction and use of wears in Spring creek.' SECTION 1. BE IT ENACTED by the Senate and House of Representatives of the State of Delaware in General Assembly met, That it shall and may be lawful for any person or persons residing in spring ecarerseZI Kent county, to make, construct and place in any above thd part of Spring creek, above the bridge across the fu! for said creek near Frederica, being the north-westdents of Kent prong of Murderkill creek, any wear or wears or county. 66 LAWS OF THE STATE ftkes,.for the purpose of taking fish in the, said creek and toliavey hold,'. use and enjoy thesaid ,wear or wears or likes for his, her or their own use and be- Provise. flat: Provided, that nothing in this section contain, ed Shall authorize any person.. or. persons to erect or construct any wear or fikes upon or contiguous to lands of any other perSon or..persons without first obtaining his, her or their permission to erect and construct the same. SEC. 2. Provided nevertheless and be it further Extent ofenacted, That no weir or likes shall extend in the w wears; said creek further than half across the channel or deepest part of the said creek, and that no two wiers or films shall be put or placed nearer each other AbitaTt" from than at the distance of twenty rods- Ind no wier each other; how long, mshall be suffered by the owner thereof to remain main; longer in the said creek than four months in one year; the owner thereof upon taking up the same owner to clear 91all bottom of' clean the button) of said creek where the said 9reek4 wier kitqud. SEC. 3. And provided also and be it further en under whoseacted, That every vier or like so to be placed as directionto be aforesaid in the said creek shall be set and place& placed in the said creek under the directions of three disinterested freeholders to be appointed for that purpose by a justice of the peace' residing in the village of 'Frederica or the nearest justice of the peace to said ,village, in case no justice of the patio should reside therein. concealed SEC. 4. And be it further enacted, That no in-edging Pro-visible, concealed or blind hedging shall be put hibitcdt or placed in said creek; and if any person or per-sons shall put or place or cause to be put or placed in the said creek, any such invisible, concealed or blind hedging, or any other obstruction or contri-penalty for vauce not expressly authorized by this act, every ntauotrhooritzbeedr such person so offending, shall for every such of- 1,tbstructiop. fence forfeit and pay the sum of thirty dollars, to be recovered with costs, before any justice of the peace for Kent county aforesaid, and to be applied ite no balf -thereof to the use of the person etc OF DELAWARE. persons suing for the same, and the other half to the.use of the poor of Kent county aforesaid. PASSED AT DOVER, dannary ,311., 1821. CHAPTER .XLVT. AN ACT to authorize and empower Spencer Williams, administrator of Robert hilt, de-ceased, to make and eaecute a deed of convey-ance to William .?.Putter, of certain lands and cripple therein mentioned. PASSED AT DOVER, ./ January 31, 1821. PPIVATE ACT. pliApTElt XLVIL CHAP. XLV. 1821. AN ACT laying duties on licenses to 'retailers of foreign goods, wares and merchandize.. SECTION 1. BE IT ENACTED by the Senate and Who House of Representatives of the State-of Delaware tailers in General .lissembly met, That every person who the meaning shall deal in the selling . of any goods, era this act. merchandize, except such as are of the growth, pro, duce or manufacture of the "United States, and ex-clusively dealt in, or except such as are sold in the original cask, case, box or paCkage wherein the same shall have been imported and exclusively thus sold, shall be deemed, and taken to be a retailer of merchaudize within the meaning of this act. SEC. 2. sand be it enacted, That every person within this State who shall on the first day of June next, be a retail dealer in geods, wares or merchan-dize, except as before excepted, shall before the said. day'a and every person who after the said. day 58 LAWS OF THE STATE CHAP. shall become or intend to become such retail.deal- - X LVIL eras aforesaid,. befOre be.or.she shall,hegiwto,sell 182'./. by retail as aforesaid, any ,goods, wares or mer-chandize as aforesaid, apply for and obtain from Retail, the clerk of the peace of the county in .which he must procure' tr she may reside, a license for carrying on the ha-tfhreo mp eaccleer ka loi-f siness of retailint, as aforesaid, which license shall cense; be. (muted for the term of one year, upon the pay-renewable an meat or the duty laid thereon by this act, and shall attally: be renewedAnnually, upon the payment of the like sum: and if any person within this State, shall af-ter the said first day of June next, deal in the sel- Fm-fei,nre.ling of,,merchandize as aforesaid, without having for retailing obtnined a license therefor, such person shall in ad- without li cense af-er t dition to the payment of the duty, forfeit and pay June, 1821: -the .sum of one hundred dollars with full costs of manner of re. prO5CCIltiOrl to be recovered by indictment in any covery. court of general quarter sessions of the peace anti gaol &livery in this Sthte: and no such license shall be sufficient for the selling of good, wares And merchandize as aforesaid, by retail, at more than one place at the same time, and any person Forfeiture, who by colour of such license shall sell any goods, for selling at , ares and merchandize by retail as aforesaid', at snore than one place under more' than tine place, at the same time shall be deem-license. ed to be without license, and shall forfeit and pay the like sum of one hundred dollars in addition to the duty as (aforesaid, to be recovered as herein be-fore directed, SEC. 3. And be it enacted, That the Secretary Licenses, of State, for the tune being, shall cause to be print-to he placed ed in proper form, a license for retailing goods, in hands of clerks of the wares and merchandize as aforesaid, which shall peace for dis- he sealed with the seal of his office, signed by the tribution: Governour, countersigned by the Secretary of State, and put into the hands of the clerks of the peace in Clerks ne- the respective counties of this State, to be by them glecting to t. it tributed to any person who may apply therefor, pay over mo nf ies received and pay the prices hereinafter directed; and the licenses,clerks of the peace, respectively, shall account for, forfeiture of office. and pay over all monies arising from such licenses quarterty, to. the Secretary of State, to be by him paid over to the State-treasurer, for the use borei4- O.r DELAWARE". after mentioned: and if any Clerk of the peace in any county of this State shall: pegleet to de so for the space of sixty days afteriliel:-ShoUld have so ac-counted for and 'made such. ilOrterlY payment of the monies arising' fromthe-sale 'of licenses in his county, he shall, ipso faeto'forfeit his office, and be immediately liable to a suit for the, recovery of all . , the said monies. SEC. 4. And be it enacted, That a duty of Duty te be twelve dollars shall be imposed on a license to sell paid for Ikea. in this State goods, wares and merchandize import-8es' ad, which sum shall be paid by every retailer as aforesaid at the time of his taking out the same, except retailers that vend dry goods exclusively and whose stock in trade does not exceed Tour hundred dollars, who shall pay the sum of five dollars each, having been first qualified to the a-mount of his or her stock in trade by the clerk of the peace in the county in which be or she may re-side. SEC. 5. and be it enacted, That it shall be the Lists of re-duty of the Secreaiary of State annually in the.tailers under month of March after the Year eighteen 1rnndrcd0th e thpirso vaicsito ntos and twenty-one, to publish in two of the newspa- be published. pers, edited in this State, a list of the names of all retailers of goods, wares and merchandize as a-foresaid, who have conformably to the provisions of this act therefore obtained and paid for licenses. SEC. 6. And be it enacted, That the 'Secretary secretary of State is hereby required and directed annuallyto° Trine, int in the month of October, to examine what number number of of the aforesaid licenses each of the said clerks censes have may have on hand, undistributed, which he shalltbeer acd:stribu. deduct from the number delivered to said clerk, and whatever stun or sums of money the residue amounts to, according to the duty herein imposed, shall be forthwith .paid over by the said clerks of the peace to the Secretary of State, for which he Receipts, shall give two receipts, one of which shall be trans- tOrnaen ssm mni 3ttt teedd btoe 'flitted to the auditor of accounts; and the said Sc.. auditor. rti It GO LAWS OF THE STATE SecretaiTto cretary is hereby directed within one Month at: ter, the receipt of all and 'every such sum or sums - in one month. of motley as aforesaid to pay the same into the, State treasury for which he shall take duplicate receipts* one of Whichle shall transmit to the audi, tor of accounts. SEC. V. And be it enacted, That so Much of the Repeal.'ofaCt entitled, "An act for the valuation.of real and part of chap. personal propefty within this State," passed on the xncovi,i ip,ca g2e v. ol.ni nth day of February. in the year seventeen hun-dred and ninety-six, as directs that the goods, wares and merchandite of a merchant or shopkeep-er shall be assessed, be and the same is hereby re-pealed, made null and void. 'SEC. ' 8. And be it further enacted by the autha- 2n,"%reyletaY.rity aforesaid, That the State treasurer shall pay rising under over from time to time as the same may be demand-this act a propriatedpto- 9 ed by the trustees hereafter to be appointed of the the Delaware "Delaware College," at Newark, in this State, foe college, Newark.. at the erection,'completion and endowment of the said college, a moiety, or one half part of all the monies arising under and by virtue of this act; and the re-mainiug moiety or half part thereof shall, by the said treasurer be placed to the credit and retained State .trea- for the USB of the said State: and the State treasur- Buter's "In' or shall be entitled to and receive at the rate or one witssion,s. and one half per centum on all monies received and by him accounted for, under and by virtue of this act: and the said Treasurer shall moreover . make report annually to the Legislature of all his proceedings under this act. PASSED AT DOVER, January 31, 1.821. OP!' DELAWARE. , CHAPTER XLV1IL. AN,ACT to repeal the act entitlettican act direct- 5 vol. 20. in' the mode of selecting and returning pt.& cxlv. rOrS., and for other purposes." SECTION' 1. BE IT ENACTED by the Senate and louse of Representatives qf the State of Delaware in General assembly met, That from and after the Repeal (skit. passing* this act, the act entitled An act 'direct 145,vot. 5.,. ing the mode of seleeting and returning jurOrs,' passed on the fifth day of February, in the year of our Lord, one thousand eight hundred and seven-teen, shall be, and the same is hereby' repealed, made null and void, and that so much of all and And every act of the General Assembly as is by the said of rfeovr mst act altered or repealed, be and the same is herebyla5w8,p4:0441.5c.h . revived and re-enacted. SEC. 2. And be it further enacted, That any T_ ;. me o_f sera person who shall have served one year as a grand v Juror, shall not be again selected for the grand juryvrand juror' the next succeeding year; nor shall any person ser-ving as a petit juror in either of the courts of this " State, be summoned to serve more than one court Petit juror, in the same year: and the jurors so summoned ac-cording to this act, shall be subject to the same, lines and penalties for non-attendance as are pre-scribed by law. Sec. 3. And be it enacted, That all practising P. rraacctti.ssiinngg physicians, shall be exempt from serving on grandphysicians ex-c used from and general juries. serving on jet; ries. CHAPTER XL1X. AN ACT to establish a colleje in the village of Newarle or its vicinity, in .7rewcastle county, in the State of Delaware, and for other pur-poses. SECTION 1. BE IT ENACTED by the Senate and House of Bepresentatives of the State of Delaware 62 LAWS OF THE STAtE in General AsseMbly met, That there shall be erte, coiege es-ted anti founded in the village of Newark or its vi-tablishedi cinity, in IN mess& county, in the State of Delai ware, a college for the education of youth, in the English, Latin and Greek languages, besides the arts and- sciences, or all such branches of literature as are usually taught in seminaries Of Similar grade in the United States, the name, style and title of which said .college and the constitution thereof, shall he, and are hereby declared to be, as herein-after mentioned and defined; that is to say: constitution, 1. The said college.shall be forever hereafter cal-led and known by the name of " Delaware college." 2. The said college shall be under the direction, Trustees, management, and government of a number of trus-tees not exceeding thirty, or of a quorum or board thereof, as is hereinafter mentioned. hew appoint. 3. .The first trustees of the said college shall be ed; appointed by the General Assembly of this State., as soon as the taxes to be hereinafter lvid, shall have produced a sufficient sum to render it proper to commence the erection thereof; and for the pur-pose of making their arrangements to begin and carry on the work, they shall meet at the village of their meetings N ewark, on a day to be specified in the resolution or act which shall be passed by the Legislature for appointing them; and they shall have power to adjourn, from time to time, its they shall see cause, to any other times and places for the purpose of perfecting the same. 4. The said trustees, and their successors to_be incorporated, elected in the manner hereafter mentioned, shall forever hereafter be, and they are hereby ordained and declared to be one body politic and corporate, with perpetual succession in deed and in law, to all intents and purposes whatsoever, by the name pNoarmaoe.o on f. cor. style and title of " the trustees of Delaware col- lee;" by which name and title they the said trus-style. OF DELAWARE. 63 tees and ' their successors shall be competent and Trusteesstheir capable at law and in equity, to take to themselvesr wen; and their successors for the tise of the said college,. any estate in any .messuages, lands, tenements, he reditamonts; goods, chattels, tnonies,or other effeetsi by the gift, grant,' bargain, sale, conveyance, assu-rance, will, devise, or bequest of any person' or persons whatsoever: Provided, the same 'cla not exceed in the whole the yearlyvalue of ten thou- .lirattation of sand pounds: and the same messuages, lands, tene-ments, hereditaments and estate, real and personal, to grant, bargain, sell, convey, assure, demise and,,,io to farm, let and place Out on interest or otherwise dispose of, for the use Of the said college, in such manner as to them or at least seven of them shall number re.- seem most beneficial to the institution, and ceive the rents, issues, profits,. income and inttoerree..psqtpouesrirteye,d o;o pdrio.s-. of the same, and to apply the same,to the proper use and support of the said college; and by the same name to sue, commence, prosecute and defend, implead and be impleaded, in any courts of law or equity, and in all manner of snits or actions what-soever, and generally by and in the same name, to do and transact all and every the business, touch-ing or concerning the premises, or which shall be incidentally necessary thereto, as fully and effedtu-ally, as any natural person or body politic or cor-porate within this State, have power to manage their own concerns, and to hold, enjoy and exercise all such powers, authorities and jurisdictions as are customary in other_ colleges in the United States of America. The said trustees shall cause to be made forconlaton sear, their use one common seal, with such devices and inscriptions thereon as they shall think proper, un-der and by which all deeds, diplomas, certificates and acts of the said corporation shall pass and lm authenticated, and the same seal at their pleasure break, and devise a new one. 6. There shall be a stated meeting.of thea ts tahied .ti Sentagt eodf mtreiemt"s' trustees held' twice in every year at least, A &IL LAWS OF THE STATE how aPPant'Viliflge of Newark, at web time as the said tilts- ett; tees or a, quorum thereof shall apoint, of which public notice shall be given after the first Meeting, at least twenty days before the time of such inten-casionalmeeting, and there shall be occasional meet- de *Ow; nigS a the said trustees whenever the president to be appointed l)y them, shall deem the business of the institution to require the same, and 'shall give due notice thereof, whickbe is hereby authorized to do, and if at such stated or occasional Meetings seven of the said trustees shall not be present, those of them ' ttlio shall be present, shall have powi èr to adjourn the meeting to any other day, as 017 1y and effectually to all intents and pUrposes, as it the whole' nuiOcr of trustees, for the time being, yere'presept; but if seven or more of the said trus7 tees shall meet at the said .apPointed times pr at a-ny other time of adidurnment, then such seven ot the said trustees shall be a hoard or quorum, autt tzforuMA a' majority of 'the votes of them 'shall be capable of doing anti transacting all the business and concerns of the said college not otherwise provided for by edinances; this act, and particularly of malciug and enacting ordinances for the government of the said college, election of of eleeting trustees in the Place or stead of those tvustees; who Ain resi'mu their places Or who shall die, of Appointment.electing and appointing the principal Anil professors Of tenobers; of the said college, of agreeing with them for their salaries and stipends, and removing them for mis-conduct or breachtif the laws of the institution; of appointing committees of their own Jody to carry' into eXeCutiOn' all and every the resolutions of the board, of appointing a president, treasurer, secreta- tif officers; ry, steward, managers anti other necessary and cus-tomary officers, for the taking care of the estate Mid managing the concerns of. the corporation;', and ge-nerally a majority of voices of the board or quo-steneral pow-rum of the said trustees consisting of seven persons vro. at least, at any semi-annual, .occasional or adjourn-ed meeting after notice given as aforesaid, shall de-termine all matters and things (although the same be not herein particularly mentioned) which shall occasionally arise, and be incidentally necessary to be determkned 44 transacted by the saie, trikstee,r.i. OF DELAWARE. .65 P.favided always, that no ordinances shall be of force, which shall be repugnant to the laws of this State. CHAP XLIX. 1821. The bead or chief master of the said college "style or ttik Fla he called and styled "the principal of the col, teachers. lege," and the masters thereof shall he called and Styled "professors," but neither principal nor pro-fessors while they remain, such, shall ever be capa-ble of the office of trustee. The principal and professors or a majority Of:Facility ()MO.: them, shall be called and styled "the faculty Otthecollege C011ege," which 'faculty shall have the, power. of enforcing the rules and regulations adopted by the'''. powers: trustees for the government of the pupils, by re, warding or censuring them, and finally by suspend-ing or expelling such of them. as after repealed ad-monitions shall Continue disabedient and refractory., and of granting and confirming by and withthe ap-pyohation and consent of a board of the trustees, signified by their mandamus, such degrees in theneg"4 liberal arts and sciences to such pupils of the col-lege or others, who by their proficiency in learning, or other meritorious distinction, they shall think en., titled to them, as are usually granted and conferred in other colleges in the United States of America, and to grant to such graduates, diplomas or certi-ficates under their common seal, and signed by the faculty to authenticate and perpetuate the memory of such graduation. Persons of every religious denomination a- NnoalcoccrietYr mong christians, shall be capable of being electedr°ongioos trustees; nor shall any person either as piincipat,boasion: - professor, or pupil, be refused admittance for his conscientious persuasion in matters of religion, provided he shall demean himself in a sober, or-derly manner, and conform to the rules and regu-lations of the college. The Legislature shall have the power bererower of tho after to make and enact such regulaqqns as may belegislature tid LAWS OF THE STATE CXHLAIXP.. necessary for the selection of poor youths of ge- nius to be e.d ucated at the said college out of the. . 182/. funds of th,e satd.college. Misnomer of 4 4. No!misnomer of the said..corPoration shall he conronorato. rt defeat or annul any gift, grant, devise or &quest, .defeat grants, to or from the said corporation. provided the intent 4c. of the parties shall sufficiently appear upon the face of the gift, grant, will or other writing, whereby any estate or interest was intended to pass to or from the said corporat' ion. nor shall any misuser Nonuser not or nonuser of the rights, 1 i er ties , privileges, ju- " rights ferfeitrisdictions and authorities hereby granted to said , &c. corporation or any of them, create or cause a for-feiture thereof. This constitu. SEC. 2. and be it enacted, That the constitution tion liaole to° he altered on. f Ele. said college herein and hereby declared and ly by act ofe,stablished,shall not be altered by any ordinance the legisla- or law of the said trustees, nor in any other man- sure. ner than by an act of the Legislature of this State. Oaths ofoffice SEC. S. And be it enacted, That the said trus-tees herein ordered to be first appointed and their successors, and the principal and professors and e-very of them hereafter to be appointed, in such manner and form as herein is directed and required before he or they enter upon the duties of their trust or office, shall take and subscribe the oaths or affirmations prescribed by the ninth article of the constitution of this State. Licenses to SEC. 44: And be it enacted, That for the pur-quill boats; pose of providing the necessary funds, for erecting and endowing the said college, the proprietors of all steam boats which now are or hereafter may be employed to convey, carry or transport to Phila-delphia or elsewhere, from any place or places on the western shore of the river Delaware, within the limits and jurisdiction of the State of Dela-ware, or from Philadelphia or elsewhere to any place or places as aforesaid, shall annually hereaf-ter on or before the first day of March, obtain OV DELAWARE. 67 from the Governor of this State 'a license for cad': CHAP. XLIX. and every steam boat,, which shall he so employed, for which license the proprietors of every such - steam boat shall pay at tlie, rate of twenty-five .1821. cents fur each passenger so conveyed or transport-ed, except children from four to fourteen .yearsl:old rates for II. WhO shall be rated each at twelve and a half cents. censes. SEC. 5. dnd be it enacted, That the master of beAcckoeuptitts btc; each and every steam boat thus employed shall masters of keep a book in which he shall make entry of theswath boats. number of passengers conveyed or transported dai-ly therein, the entries to be made in two distinct col-nimis, according as the passengers come under the designations specified in the next preceding section, a statement or exhibit of which entries shall be rendered quarterly to the proprietors by the said master on his qualification, for every filifure to do which, he shall forfeit and pay the sum of two thousand dollars : and the. proprietors of each and every steam boat as aforesaid shall make or cause to be made to the State treasurer once in three mouths from the time they commence until theyb eA c croeunntd se tt o quit running every year, a retort' of the numberby proprietors of passenge.rs as stated aforesaid, to have been quarterly; conveyed or transported therein during that period, together with the amount of monies received from them, at the rates herein before prescribed and li-mited, which amount having been qualified to by one at least of the proprietors, shall at the same time be paid to the State treasurer, and by him be laid out semi-annually or annually, as he shallh aproult judge most expedient, in the purchase of eviden- cd ces of the debt of the United States, or of stock of the United States bank, or of any of the banks in this State, or in the neighbouring States, which maintain their paper at par, or be by him other-wise profitably vested : and the commissions of the State treasurer upon all monies received and duly accounted for under the provisions of this State treat-act shall be at the rate of one and an half per con-155,,"42" tum, and no more and
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|I', / 1 ,, q '' a e. ,, j a w/ .' 1 /".. 7 ii: -.. .. , ,-, 2 1C... o- e c;'; ';', 4, le f- .--- f 6Z-;')// t LAW , 77. ,4.- t p' f # ) fr - - ( 9 1oy 9 CF: , f > I Slate of Delaware, FROM THE ' NINETEENTH DAY OF JANUARY, ONE THOU-.,. SAND EIGHT HUNDRED AND TWENTY, TO THE NINTH DAY OF FEBRUARY, ONE THOU-SAND EIGHT HUNDRED AND -- " £ N1 ' j ICH) ,. t., L* vozanaV. idliNAmAnhAgid.....,...... 41A1VVVVW*".. VVVYVV'tVIA# 1. M. WWVYN, A11, A/ VV% PUBLISHED int .1LUTHORITY. Trinted. at It ov k
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