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PASSED AT A' , COMMENCED ' AND HELD AT DOVER, ,* 9131T4 PAt. OF JANUARY, . jIN TEE nett Cii.: 43UR. LOAD THE SEVENTY- SEVENTH. AND:- 6V,, t7ITE INnEISNDENOE OF THE UNITE)) STATES
Object Description
|Laws of the State of Delaware - Volume 11
|Date Original
|Laws of the State of Delaware. Passed at a Session of the General Assembly, Commenced and Held At Dover, On Tuesday, the Fourth Day of January, In the Year of Our Lord, One Thousand Eight Hundred and Fifty-Three. Volume XI.
|Delaware General Assembly
|William Sharp
|Department of State
|Full Text
|PASSED AT A' , COMMENCED 'AND HELD AT DOVER, ,*9131T4 PAt. OF JANUARY, . jIN TEE nett Cii.:43UR.LOAD THE SEVENTY-SEVENTH. AND:- 6V,,t7ITE INnEISNDENOE OF THE UNITE)) STATES LAWS THE STATE OF DELAWARE. CHAPTER' I. AN ACT to suspend the operation of certain sections of an act therein mentioned. WHEREAS, it appears to this General Assembly that an aCt Preamble. entitled, A Supplement to the act entitled, "An act for recording acts and resolutions of the General Assembly not of a public na-ture, and for other purposes," passed at Dover, March 5th, A. D., 1851, (see Chapter 26 of the Revised Statutes,) has not been. published in'due time for the geneiral information,of the people of this State, and that so far ai relates to the 6th and 7th Sections of said act, if they should go into operation at the present time, it will result in great inconvenience and injustice to many persons who may intend to make application for the passage of important private acts, and retard the usual course of business before this Legislature, Therefore, SECTION 1. Be it enacted by the Senate and House of Repre- Sections 0th and sentatives of the s.State of Delaware, in General Assembly met, ho tooh:prittr, That the said 6th and 7th ,Sections of Chapter 26th of the Re. Tie preacnaes-vised Statutes shall not apply' to petitiOns to be presented during 5 " the present session of the General Assembly. Passed at Dover, January 12th, 1853. CITATTER IL AN ACT for the relief of the Widow and ire in; of Jacob Ray-mond, deceased. . Private Act. Passed at Dover, January 18, 1863. 4 LAWS OF THE 10th vol. 044. I CHAPTER III. AN ACT to change the 'name of Susannah Baker, and of he) son Luther Baker. Private Act. .Passed at Dover, January 19, 1853. CHAPTER IV. AN ACT for the relief of Abram Gamper and his We .1-sabella Camper. Private Act. Passed at Dover, January .20, 1853: CHAPTER V. AN .ACT to amend the Act for the benefit of Public Schools in Wilmington." SECTION 1. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware in General Assembly met, with the concurrence of two-thirds of each branch of the Legisla-ture, That the act of the General Assembly of this State for the benefit of Public Schools in Wilmington, passed at Dover, Feb-ruary 9, 1852, be amended as follows ; that is to say : (First :) The Board of Public Education in Wilmington may Board - appoint a person not a member of the Board, Secretary thereof nifty ap point Secretary ; prescribe by by-law or regulation his duties ; require from him require 11e. band, with surety, for the faithful performance, if deemed expe-dient, and allow to him compensation for his services, by stated salary or otherwise, as may be considered proper. (Second ;) By proceeding ftecording to the ninth section of the STATE OF DELAWARE. act aforesaid, School District number 9, in New Castle County, has been united with the rest of the city of Wilmington, under the aforesaid Board of Public Education, and theieby the - entire city ie within- the operation, of the said act : and to the end that assessments ,under the said act, may be substantially upon the principle, and in accordance with the rule established by' law for (II:,v oLiglIsatInnacite; Making assessment listsbysehool committees in all the other school districtsin the State ; the City Council of 'Wilmington; city Council for aasssseessssiinngg and apportioning upon and among the persons and ',4,7",Ltn,711 estates in the city of Wilmington,, , the sums 'determined to be wh°Pti wnde n raised for executing the said act, and effectuating its true intent and purpose, shall, every year, after the first Tuesday of July, and before determining and apportioning the amount of the city Pm CPR on rool taxes Tor the ensuing year, compose and make an assessment of estme. the said persons and estates, by taking the assessments of the real estates from the city assessmgnts, and the assessments of the personal-estates and persons, to wit : stock, plate and' other per-On porsonm, mat property, and the rates for capital, or poll taxes from the from Hundred assessment list' of Wilmington Hundred, standing in the 'Levy Court in New Castle County for the time then being. The assess-ment so composed and made, consisting only of established assess-ments transferred, need not be published ; no appeal therefrom Not pnbliAhed. can be taken and there shall be no variation of the assessments tediippenl al-transferred ; anti it shall be requisite to transfer amounts, only without speCifications or particular e in order to compose and make the aseessnient ; but If there be any'person in Wihnngton Hun-- kir capital or poll tax, not found 'on the assessment list of the said t --' Hundred, the City Council shall have power. to it ee ess such person connue nza y for personal property and rate him for-capital or poll tax in the 84- assessment en by them to be composed and made, as to law and nut. right shall apperain, giving to such person due notice and oppor-tunity to be heard. The estates, persons and assessments of col- Colormi per3ono ored persons are excepted as in the original ._act. The Council every year when apportioning the city taxes, Shall estimate and fix how many cents and parts of a cent to the hundred dollars, or i dred legally liable to be assessed for' personal property or rated 'e.loocru:eictoi:T. ;oil per centage of the said assessment so composed and made as afore- thu lust:Emma. said, will be requisite to raise the said sum se determined as afore-said to be raised, for executing the act aforesaid, and effectuating its true intent and purpose ; thus apportioning the said sum so determined to be raised among the said persons and estate, in said assessment so composed and made, acoording to a certain rate on 'every hundred dollars thereof and so pro-rata and the said number of cents and parts of a Cent to the hundred dollars, or per contage or rates, shall be collected as other city taxes andshall be city taxes within all the provisions of law applicable to city taxes, and to the collecting and accounting therefor and paying the same; and ellen-be paid out of the City Treasury according to the origi.: ToxeR 'mid oat nal act, which shall be in force to all intents and purposes, except 'r.)1.CitY T"a"- as altered by these amendments. The sum determined to be i.tised this year for executing the act. aforesaid and effectuating its true ,T,,, hNi.7, ,7, ".011,1"1.1"1,'6 LAWS. OF' VIE already deter. intent and purpose, has been laid upon assessments of persons and estates according to the said act, and the same shall be collected. and paid according to the said act, and the said preceding second amendment shall not have:ally:force or, effect with respect to the said, sum which has been already determined to be raised or the manner of assessing. or 'collecting the ,saine.. 'Sm. 2. And it appearing to the. General 'Assembly, that in the city of Wilmington there is urgent need of primary schools because of great numbers of ,children that cannot otherwise be put in a course.of useful education; and that the Beard of Public Edu-cation in Wilmington have felt theinselves Constrained, by the pressure of this need to resort to a loan in anticipation of funds in order to increase the number of these schools: 13e it therefore enacted as aforesaid, That the right.andestate, late of the United School Districts, numbers 10, 11, 12, 13, .14, 15, 16, 17 and. 18, in New Cast % County, in and to the lot of land and school-house at thecorner of French and King streets, in Wilmington aforesaid, and the right that belonged to the school committee of school district number 9, in l'slew Castle County, before the uniting of said district with the rest of the Title of certain City of Wilmington under the Board aforsaid, in and to the school 41 county, to limo and lot of land in Twelfth street, in Wilmington aforesaid, S. dIntricto in N. d Certain spitool houses, ecc have passed and shall pass to the said Board of Public Education Wilmington, and are and shall be, .vested in the said Board ; rat' on. and the said Board shall have the possession and charge Of the said school-houses and lots of land, and exercise all' acts , of ownership for security and preservation of the same; and the said school-house and lot of land at the corner of French and Property liable Sixth streets, as well as the lots of land and new school-house of for tradcetbst sof and the said Board, in the first ward in Wilmington aforesaid, on con the Board. Washington street, and all other the land and property which the &lard may moll,. gfts,, property, said Board of Public Education shall acquire, sheik be liable for the debts and contracts which the said Board shall incur and make,; and further the said Board of Public Education in Wilmington shall have power to grant and convey to any person or corpora-tion in fee simple, by way of mortgage, the said lot of land and School-house at the corner of French and Sixth streets with the net to es. appurtenances and the said lots of land and new School-house in coed 0000. the first ward aforesaid, on Washington street with the appur-tenances, and any other land or property acquired. by said Board, for securing to such person or corporation the payment of any sum or sums not exceeding in the whole six thousand dollars, with interest at such time or in Such manner as may be agreed upon. t:oSr udrda mnpiftsy. sue The said Board may bring suit before a Justice of the Peace, or in the Superior Court as the amount claimed may determine the juris-diction, for drainages for any trespass or injury.to either of the School-houses aforesaid, or lots of land aforesaid; or the fixtures thereof, or the furniture or books therein, or any property of the Board, and recover double damages with double costs. ' Passed at Dover, January 20, 1858.. Aet to incor-nage." Pas- Be it enacted, fry the Senate and House of .Representatives of the State,of Delaware in GeneraAssemby Met, two-thirds of each sib I. 232. branch of the Legislature eoneurririg,) That the act entitled "An Act to incorporate the Trust* of the Smyrna Circuit Parsonage;" passed at Dover, January 22, 1833, be, and the same is hereby re- Roylied. enacted and the same shall continue in force for, and during the term of twenty years from the day of the passing of this act, and no longer. Passed at Dover, January 20, 1853. CHAPTER VII. AN ACT to authorize the Levy Court of New Castle County to cause to be transcribed certain.indexes. SECTION 1. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware in General Assembly met, That the Levy Court of Nowv Castle County be, and they are hereby 1:1e.vya.Cogtu, ly,r authorized, if, in the judgment of the said Court, it shall be neces-sary, to cause to be made, by the prothonotary of said county, a ttrionridboo escor-true and correct copy or transcritit of the Indexes of the Judg- 5 . milts entered or signed in the Superior Court of the State of Delaware, in and for New Castle County, from the year one thousand (li hundred arid thirty-two, to the November Term,. one thousand,eight hundred and fifty-one, in a substantial and well bound book or books; to be by the said prothonotary pro-vided for that purpose. SECTION 2. And be it further enacted, That if the, said Levy. Court shall deem it necessary, that the Indexes aforesaid, should be copied or transcribed, then that James C. Mansfield and Peter B. Vandever, be, and they-are hereby app.ointed Commissioners commasionen whose duty it shall he, to examine the said transcript or-copy of L.°4:::4111:nit said judgment Indexes, after the said Prothonotary shall have 7igttheft' 4p-completecl it,. and if they approve. of the execution .thereof, they shall certify the same to be a true and faithfal transcript, and.that then, and after such certificate the said transcript or copy shall be-come and be the index to judgments entered or .signed, in said STATE OF DELAWARE. CHAPTER VI. AN ACT to continue in force the act entitled" An prate the Trustees of the Smyrna Circuit Parse sed at Dover, January 22, 1832. 8 1\\tS:OITTHEf l. Superior Court, for the time aforesaid, in lieu-of tha.Indexanow used therein ; and the said Commissioners shall also certify:the Compensation, completion of said transcript or coily to the Levy court Of,-Nevi Castle County, who shall ,pay.,totthe,4id,Comtnissioners and _Pro-thonotary a just and realonable eonipensation for their services. .L."1.. .:2 "Z.+,':f171' '.flassed.at'.Dover,,January 29; 1853,, . : CHAPTER VIII. - AN ACT to amend Chapter 20 of the Revised Statutes of the State-of Delaware. SECTION 1. Be it enacted by the Senate and House of Repre- BM chap. 20, sentatives of the State 'of Delaware, in General Assembly met (p. 64) amended. That the second section of the twentieth Chapter of the Reviled, Statutes of the State of Delaware, as the same is printed, shall be, and the same is hereby amended, by inserting in the second line of said section, between the'Vtirds "first Monday," and the words "of the year; the words in the month of iy-daema,er aria the 'in any editien of the'Statatei'heretifier to be published, the' printing thereof shall be 'conformed fo the provisions of this act. Passed at Dover, January 21, 1853: Preamble. CHAPTER IX. . . AN ACT proposing an amendment to the Constitution of thee' - State. WILEItEAS,- . by an act of Congress entitled,._an "Act to establish 'uniform time for holding elections for electors of President' and Vice President in,alLthe States of the Union, passed at the-sed-. ond"lession- of the twenty-eighth- Congress of the:United States, and approved January 23,.1845;.the-electiOn'for.electore,ofiPre-sident and Vice President jai directed,to be -appointe'dlin- each State, on the Tue,sdar next after the firiit .Mmidayin'the month of November of'. the'lear in- .whiA they are appointed ;- And _ STATE ,og,D44AWAR.E. 9 whereas,,itsyrill be for,the,convenience of the people of this State, and prenitite:tha.gener4economy,:that the General Election in this State shall babeld,on the mired day-designated by the said not of,Ceeiress.for the said election for Electors of President and Vice Tresid en t- ; Therefore, SECTION 1. Be it-enacted by the Senate,and House of Bepre-entatiOes -of the &cite of Deli:dean; in General Assenibly .met. (two-thirds of eaCh House deeming it necessary, and by and with the approbation ofthe GOvernor,) That the following amendment be,- and the same is-:hereby proposed to the first sectiOn of the liltost,".dooe fourth article of- the Constitution of this State '; that is to'sayi mended. strike out the first clause of the Said' first section reading thus: "All elections for Governor, Senator, Representatives, Sheriffs and Coroners, shall be held on the second 'Tuesday in'Novemberi.and be' by ballot," an& in lieu,thereot insert and adopt the following, that 'j3 to say : "All elections for Governor; Senators, Represen-tati'Ves, Sheriffs and Coroners.sliall be held on the Tuesday-next after, the 'first Monday in the month of November of the year in villa they are to be held, and be by ballot." SEQ. 2, And be it further enacted, That the Secretary,of State Socrotary of of this State be and he is hereby directed, after the Governor shall ' ittir taoetpt2 have' approved of the above proposed amendment, duly to.publishf.x.movr.ed by Go-the above proposed amendment, and this act, in two or more, iiews- . papers, of'. this State, for'the considera,tion of the people of this State, at least three, and not more than six months, before the not Gcinotal Election fot Senators and Representatives in this State.. Passed at Dover, Joiaary 24, 1853: CHAPTER X. AN ACT to create an additional School District in Sussex County. 'SECTION 1. Be it enacted by the Senate and House of Repre-sentatives ,of State of Delaware in General Assembly met That John D. Rodney, .Phillip. C. Jones and William' 0. ;Redden, be and they are hereby appointed Commissioners to go upon and view School Districts Numbers forty.,two,.liftyr' three.and fifty...four in Sussex School, it theidOmit_proper.a0neeessitryilocate New School Die. and lay out from said ..Distriots,, one _additional School; District to them shall seem. Just and preper. Ana the Saitt..Q.eininis-sioners, oi 4 Majority of them, shall ,so Ideated Oltii1.441oUt. r said adAitionlil.§01)01 District, they or ,a majeritY,o(theM maka.,a return of the same, 'describing plainly the metes and te.aAericora. bounds thereof, into the oftce b'f the Clerk of the PeaQ of 8ilifseX 2 10 L-ANNS1-101" TAD COunty,:to hehyith filed anicong the record's Or When return Shall be.made on or before the firSt'-. day- Of July -next Copy of, N ho within ten dap thereafter, the Said Clerk-Of the Peace' ilialrinake tzreesortn. § a copy thereof', and delbier therm= to the TrUitee efthe &heel fund.- fund. And from and after the first day of July aforesaul,'thead-ditional School District, to be formed under the previsions of., this act, shallbecome, and deetneLarid taken-to bei,--a ;separate &hoot District, in Sussex. County, Withtheleapacity,'xightS and powers of :a School Districtaecording toliw,and.shall bey desii. nated and numbered by its proPer:number:Mmeeedina the highest number of the SchooLDistricts previously fora-led in thesaid county; and, the Said additional Sahel DiStrict shrll .be, entered .by- the Dividends. Trustee of the fond,for establishinOch9OIS inthaStateaf.Dela-ware, ainong:.the School 'Districts-:of sitid' County and account opened. therewith, and in ;all dividen4 hereafter. macle.,.bY ;paid Trustee for-establishing SchoOls,,in'the State of .;Delawrire,Jhe respective.- dividends which may.badue or hereafter ;ritaybeccinte &lei: the said .original districts numbers fortytwo,-fiftyi:twofifiy.- How divided, three and fifty-four, thall be equally divided annuallynmongthe districts number forty-two, fifty-two, fifty-three fifty-four and.the 8akradditiono,1 School District to be created under. the provisions of this act ; and the School voters in said additional,School,-Dis-trict, and the 'school committee thereof shall have all the rights and polVers of 'school voters and a school committee respeetively, according: to the laws of this State; .rind' all the 'acts of the Gec-rat of this State,forthageneral regulation, government and henefit of Free SchoolSthisiSta to ghall. be .extendectand applied to the 'said additional School District to be.createdAtifiti . the prOViSions of this act. SEC. 2. And be it further enacted, That the Commissioners ap-emlbu sworn or po-inted by this act, shall, severally, before entering upon the diS-sairmed. charge of the duties imposed upon then: by the provisioris of this act, take and subscribe an oath or affirmation to perform the smile with fidelity. And for each and every day the said commisSion-era may be employed in the discharge of their duties under. the provisions herein contained, shall ettolf have and receive the sum of one dollar, to be allowed-by the Levy Court and Court of AP-peal of Sussex County. SEC. 3. And be it further enacted, That if the additionaVdis-trict be formed as aforesaid, the, school voters in the said school Meeting of voters. 8. district, may meet at the place of meeting in said additional seheol diStriet; Whialf-the id commissioners et' La -MajeritY,of' thent fin ay deem proper to appoititen the Arse Saturday :o f jiffy:next; airtime O!clock,in thariftel'noon, and appoint. chairMan ;MO searetary, ankehooSe a dcik' and two, commOsioners.ok alb clisti ict v, ho shah .continue in 'office': Until,-the.next.Stated moting, and.'nritil;,,:fiUbt4i- COrilllkte of SUi arc duly c.lo,6434; The certificate eftha'proceodingi:Shalls.be prOe'vedings. made, 'Signed' arid delivered tiecording to the provisions la tin!, to the (1o:14114-If:es; of Om metings: nrsOionl voter g ;. 'notioe , CHAPTER XI. StI,PPIJEKENT to the act .entitled!''An act.to,-divorce 'Behert ,Layton and Genette hiss wife, late' enette. Long from thj bonde of matrimony, ". *died at DOver,.' on the 28th day of Janilarfri 1851. ' ' Private Act. . . 'Paned (it Dover; January 25, '1853.. CHAPTER XIII. AN ACT to prevent swine running at large within certa4limita of Kent County. Be.,kenactecl.by:the.:Senate.,and ,IZonee,of..11,epreeentc.4Vveko the Sate, of. Delaware, in aenercil,deeembiy.m et, hutt0.0. gro,; tin. or trienine,g visions,. of ,:section .fouri,cliaper.forty,-Oght,., 4.40secl. tige Ceiru. tutes, .shall after .the,paSsage of this not, extend. to that, part,, of Kont county. Kent; county withilftholimitS ofebhoOl.district'nuMbey ten. '4* ' at bOver,,Jfannary.26,1853V,E,- .. STATE OF. 11 of-,therneeting may be given by the commissioners first above named, or a-majOrity of ,them ;, and a failure to give notice shill not'vitiate!the proceedings. Passed:at'Pover, January 24, 1853. ' CHAPTER XII.' Aic dt conlirM the title 'of ,IVaneil Purnell, formerly Arane.z/ . arman, to certain real estate therein mentioned. . . Private Act. Paesed at Dover, January 25, 1853., ' CHAPTER XIV. AN ACT toincorparate Kirkwood Divi8iOfl,No. 27 of the Sons of Temperance; located in New Castle, Delaware. SECTION 1. Be it enacted by the. Senate and Rouse of Repre- CotnPanY illtor 8entatives of the State of _Delaware, in General Assembly met, porated. two-thirds of each House concurring. threin, That Lucian M. Chase, William Herbert, John-Gerdon, John I. Vining, Thomas Challenger, Andrei', Manship, Stepheri S. Stradley, David W. Gemmill, John S. King, .Edward Ceilings, James Todd,. George V. Hastings, and such other persons as now.are,meraborkof Old diVision, or who may hereafter become-members thereef,'Agreeable to its constitution, by-laws, rules and regulations,''bo and th'ey,nre hereby constituted and made a corporation and. body politiain Name. law, by the name, style and title.of "Kirkwood Division -No..27 Continuance. of the Sons of Temperance, Delaware," and by that name, shall continue and have succession for and during the term of twenty years from the time of passing this act. SEC. 2. And be it further enacted, That tho said corporation and their successors, during the term of their corporate existenee, shall be able and capable in lawto purchase, receive and hold any 'midst tenements, rent, leases, socks, goods, chattles, bonds, notes, mortgages, money or any property whatsoever, Which maybe de-vised, given or convoyed tO them and also to grant, let, eel", be-stow, convey, assign or transfer ;he same, and to do all matters relating thereto, by the name and title aforesaid; and shall have common seal with power to,break, alter and renew the same as to them may seem fit; may sue and be sued, plead and be im-, pleaded in any court of law or equity in this State, in all manner of suits, complaints, causes and matters whatsoever, and of what nature and kind soever. SEC. 3. And be it further enacted, That the members of this May appoint °S-eers, corporation shall have power to appoint or elect such officers ai they may deem proper and necessary; and to conduct the affairs, of said corporation conformably to this act and to the constitu-tion, by-laws, rules and regulations thereof; and from time to )y-Lswo. time, to make and establish- Buell constitution, by-laws, and rules and regulations, and to alter and amend the "same as they shall deem'neceitary and proper for the good government of .saikcor-poration, provided that the same be not contrary or repugnant to the laws and constitution Of this State or of theUnited States. Reetrictiose as SEC. 4. And belt further, enacted,. rrlukt'it shall no(ho.lawful '''Pr°1411Y. for the said corpOration, and It shall 'not have power to have, pis-sass or in Any, manner hold goods, chattels, rights or credite, lands or tenements, or property of any kind, the clear yearly inceine of which shall exceed two thousand dollars. Powers. 12 .LAWS''014'. THE STATE Ole' DELAWARE. Sip. 5. 'And be it ficrther enacted, That this act-shall be,deemed Publio Act. and taken to be apublic' act, and the power to revoke this act at anytime is hereby reserved to the Legislature. .Passed at Dover, January 26, 1853. CHAPTER XV. 4 'FIALTHER ADDITIONAL SUPPLEMENT to, the aet.en-titled;:" An act 't extend the time for reeording of _Deeds." SECTION 1. Be it enacted by the Senate and House of _Repre- Time for record. sentatives- of the State of Delaware, in General Assembly met, tgeard That all Deeds or Letters of Attorney concerning lands, tem- sty 181. 1855. ments or hereditaments, sealed and delivered on or before the first day of January, one thousand eight hundred and fifty-three, first being acknowledged or proved, and the acknowledgment or proof certified according to the laws of this State, in force at the time idfen such acknowledgment or proof was made, may with the cer-tificate of the acknowledgment or proof, and all endorsements and annexations, b,e recorded in the office for .recording of deeds, in the county wherein such lands, tenements and hereditaments, or any part 'thereof, are situated, if lodged in such office on or before. the first day of January, in the' year of our Lord one thousand eight hundredand fifty-five; and the said record of a copy thereof shall be sufficient evidence; and from and after the first day of January, in the year last aforesaid, no deed or letter of Attorney, sealed before the first day of January, in the year of our Lord one thousand eight hundred and fifty4three, shall. be recorded. Passed at Dover, January 26, 1853. CHAP= XVI.' AN ACT for the benefit' of CaW Sirman and Benjamin .Fooks. Private Act. Passed at Dover; January 26, 1853. 14 LAWS OP THE CHAPTER AN ACT to amend Section 12 of Chapter 24, of the Revised Statntei of the dtate of Delaware. SECTION 1. Be it enacted by the Senate and Rouse of Repre- See. 2. Chap. sentatives of the State of Delankiro; in General Aisembly met, 1 SI, (R. S.) p.75, That the twelfth section of ChaPter 24, Of the 'Revised f Statutes amended. of the State of Delawoe' as the satire is-printed; shall be and the smile is hereby amended, by inserting in the sixth line of said sec-tion, immediately 'after'the Words, "prescribed in section.'" the figure "6," and by expunging from 'snid-twelfth section thefigure " 5 ;" and that in any edition of the Statutes hereafter.fObe pub-lished, the printing thereof shall be conformed to the Provisithis of this act. Famed. at-Doiwri'January 28, 1,853:- CHAPTER XVIII. AN ACT to establish the Mount Salem Cemetery. Preamble. 'Whereas, "The Mount Salem M. E. Church," a corporation RD.i gS toaft .1 180250., 459, under the provisions of "An act to enable .allthe relia,crioui minations in the State to. appoint Trustees, who shall -7.be a body corporate for the purprose of taking care of the .te'mpOralitiea ef their respective congregations," passed February 3, 1787, haVe purchased from Rev. Newton Heston, Trustee,. and William' ta* and wife, a certain la or tract of laud of about twelve acres, Situ-ate on the North Eastwardly side of Kennett Turnpike, in New Castle County, for the purpose of laying it out and ornamenting it as a public Cemetery for the burial of the dead. A ml whereas, It is reasonable that all who purchase lets in said Cemetery should be fully assured of protection to their property and to the remains of their deceased relatives and friends; Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : Mount Salem SECTION 1. The corporation aforesaid, the Mount Salem M. E. v,:vziainmY, Church shall be deemed, and taken to be, and hall be capable in mitate and may mw, of holding the aforesaid let Or tract of land in perpetual sue- exorcise eerie,. rate powera over cession; and shall and may exercise with respect 'to the, Sameorll the same. the corporate powers appertaining to it, under and 'by 'Virtue of the act above recited; and particularly, it may grant' and dispose of burial lots and rights, and reCeive and appropriate the pro- "1 ++++ ++ . 15 ded48,'thereof; born)* Money fot,the pUrPose: of'said buty baornrroonwntriso- :q C-M-06,4 PrOiddod, That the amount to., borrowed for such wooto exceed purposes shaBnot at, any one time exceed two thousand dollars. ' The Said'Oetnetery Shall be known by the nanie'or description of "The'MOUnt's'aiem dern'eterY;" but all corporate ;tots in vela- Name. thin to the same Shaltbe in the name of the aforelaid-CorPoratithi. So. '2. The present Trustees of the said "Mount Salem.M. E. Latices° /°tru t?g; Church' zi.n0heir,.successors office- duly elected aCcording to Diectors of the provisions of,,the',act,a bOve recited, shalt ,be e x, olicio. saf corn' tors:Of the,said:Mbunt.Salenv,deinetery.=---a majority shall 'consti-tute .3-beard:. ,..They shallakeep.a.true Register of, their proceedings Reeeggers. of pro-ati4- tr4nsticOpris.,- koopy of which under the .seal of the aforesaid c g corporatien,signe&-by the President. and ..conntersigned',by the Secretary'athe.Board;of Directors,- ii11411 be competent' evidence in -any Court.',. 'The 'Board of 'Directors 'Shall., have power to..appoint,officers Directora to ap-and': employ agents and servant; and to take from any..officernt tiincurs,ri. security:for'the, :faithful perfoyinance of his .duties,!in such 'form as the by-laws,shall direct. They shall have the general care and Sixill bavo care of Cemetery. management of the Cemetery; may enclose, lay out and. arrange the same; May, make by-laws and regUlations, and do all proper things for the well ordering of the affairs of said Cemetery.. SEC. 3. All grants and 'contracts of and concerning burial lots :Arntr", "" and 'rights in said Cemetery, hall be made in the name and under th'e seal of the aforesaid ..corporation, and signed by the Chairman of the Board of Trustess the said Mount Salem M. E. Church, and being so,madnshall confer a valid and sufficient title. A min- A minute of such tijz ce uto of; such grants and contracts shall be made in the register of ilra bops the Board of Directors. An exemplification or copy of such Min- git,rmenceuf uto under the seal of the said corporation, signed by the President and countersigned by the Secretary of the Board of Directors, shall be a valid title paper, and shall be received in evidence with-out further proof, in the same manner as the record or office copy of a recorded deed; and transfers under the Mud' and seal of the party of such title paper, or any right or interest under the same being entered in said register shall be _effectual ; and a copy or exemplification thereof, as aforsesaid, shall in like man-ner be received in evidence. Sic. 4. The burial lots or rights purchased or held in the said Qualified right cemetery shall belong to the proprietors in a, qualified manner,ftuAryleottosrsdteu that is to say : they shall descend as real estate to -heirs-at-law, ne cte.inndw todoeniirai but executers or administrators shall, be competent to assign or froth esuoutiora, transfer the same: the said lots or rights shall not be liable to be Seized taken or levied on by execution or any legal process.what-ever; Lnor shall be ,aliened or devised so as to vest any right in the alienee-or.devisee without the approval of the directors afore-said.' -The said lots. or rights. Shall be held, eubjoet to such gene- rlicegludi :At? rtc. rat regulations' ag-the'Board of Directors' -may adept for the well tmard of Direc-oi'den4- of the whole.. Any person contravening a regulation in " any matter or thing done, formed er put to in or upon the said 16 . 'I.AW-8, OF THE . Cemetery shall be a.,,trespasser ab initio ; am4.snolt,matter.Cr,,thint maybe treated as a nuisance and abated- oi,rentediedaccOrdinilY..:, .:r No weet, Ione -SEC. 5..NO street, road, lane or alley Shall'be,"Opened,,reatle.Or , . or kida lloythrto° be laid out through, or upen. the lot Or traot of land 'aforesaid, except .., . out ugh Cemetery. by and with the Consent of the Said corporationand the same shall hereafter be exempt from all taxation. oPrersotnr.asInpjuugongg S.Ea. 6 . If any person, shall wilfully' do any:injury ,to;theis'aid, upon grounds, cemetery. or. to any. ornament; monument,: edifice,',or4.fixtureoc,to omomentn, !co. any of .tlit3, trees Or.:.shrubbery.therein,Cr: shall 'Place,any. matter therein, in contravention,o.f,,b, regulation.e.the Board ofDireetors, or shall. commit trespass upon:the Same, everysnali person. soof- Penalty fending shall be liable to pay treble .damages, with treble, coats, to be, recovered by the aforesaithcorporation before ,any Suatice of the Peace, if the damages do not exceed one hundred;dollarsfand -,, if above that..sum, in. the Superior,Court. TheRoard,.41.7irectors altr et co tno rug, erns; , shall . have power to, abate and remove any matter that may be placed in the said 'cemetery in contravention of any Tegalation, and to remove anything done contrary to anyregulatidn. . Public Act. SEC. 7. This is declared to be a public act, and an incOrpOra-tion for public improvement;' aniI power to revoke'this DA iS:re-served, to the Legislature. Trustees 'of Mt. SEC. 8. The Trustees of the said' "Mount Salem M. E. Church" csearlftirrlyChuarc to. ,, shall within three months after the passage 'of this act, certify thiiir an.0ths. witlfien - 3 acceptance of it, to the Secretary of State, or it shall be void. mon Passed at Dover, January 28, 1853. CHAPTER XIX. A SUPPLEMENT TO THE "ACT to incorporate the TR/- . 7nington Coal Gas Company. /gib vol. bm, SECTION 1. Be it enacted by the Senate and _House ,of.14pre- SV,PdintYc, bri,sentatives of the,State of Delaware in 'General,As8emblymo1,.2pith corporated. the concurrence of two-W.1.4 of each branch of the .Legi'slature, That the act to incorporate the " Wilmington, Coal Gas Company," passed at Dover, March 4th 1861, was pawd aadenacted with tho concurrence of two-thirds of each branch of , the. Legislature and that the said "The Wilmington Coal Gas Company' in said STATX.1-.;011`, i DELAWARE. 'jaricg)tt4e"ryi t h-efyozr£e0e0,c.4fi ttihfIesa iS,da.iis..la(0a4g,t :;brctclo1m1e '. .a1 utl is a, corporati.1o n, accord:7 niP , .t r., ..,t re powers.,ap su iicct19 t re Mt", ternis.;:lirnitations and reser,vations in said act contained, and that the' said '.The''Wiliriington Opal Gas GoaapaayY:,.is.'llere..estab- Name, 11411-ddi;aticNlip,R ._itod..cOntitruelv.dorporaticin..nby,the:.narnemith thvcaPadity;;:franCliiie-...and'pbweray C:t.pressed and ,naeiltionOd. in oacvadti.and.;SUbjeOt.:.te the:teimS'; i'.eseryatid.US;tand4,11initations theiein contained, and all tho.),aets; matters and things done or Acta, &e., under tianiabterdli.y,'Or!toSaiaz`cOinpatiY,, and purposes and:CoriteyttOces glery'an' by :Or';te'tlieliF.iiii accerdlinee.:pio; thei:interiVand'ane to.'hg,:of said 'effectual. act, did Piclres'sed',.tli:erein-,:ltall,bia and 1.1.1.eherciby.;:corifir)nec,t.titid,.060.1aVedmitlid:.afid effectuOL..- antLatithoiity is to..the: same, to',eirtetia the Works antl opiiratioris Company mny of siiid, coMpanY into .NeW-.:Castle Illundeed; and al8O itoiChris. (iixet,r8a7k8.ntq fioti.14ilfitlted.,-,:ttnd.also Into ..Eraridyivin e .Hundred,'..swasta sup Ply.,gas' light' to persons r.eSidiiig-in:eacli.of saithl-IundredS;andteltsonagic to houses 'and establiihmen ts:therein; andto enter...upon any.pub ways, lic'.streetiland,-'higliWay, bridge-or 'tenements for the purpose of laying -down pipes n.ecessitrYier. conducting ,.said' gas, und..repair-ing,," altering or inspecting the ,.same,..doing ,a8 little: damage as practiaahla. and: repairing the same; and 411, the .provisiOns Of the act afareSaid shall apply. to the works of the said company-that shall be'extended into either.of the Hundreds.; -and,said extended works',, and pipes. arid operations shall he. to .altintonts,and, pur-poses within the, purview-4,1,th° act, aforesaid.. Sic 2. . . . And belt' further e,nacted de aforesaid, That the divi- Ilivirs de-dencis of the said company. shall be -declared on the first, Monday Weeli: ofFebrurar and Angust every year, instead of. the first Monday of September and March. Paned at Dover, January 28, 1853. CHAPTER XX.. AN ACT .to authorize Burton Prettyman to make a eertain pub-lic 'ltoad' Kent' County, and Jro other purposee. Whereas, it appears_ to this General Assembly that B011iall Preamble. William Tharp, Samuel Graham, Llewellen 'Tharp, Joseph Ward, Charles _ ',Tones, Eli Wroten, William Atkinson, Cliarles Wroten,- William II. Taylor, David Taylor, James E. R. Powell; 18 ' Rhodes S. llemmons,,William 'Mastin,.1Teali Scott cat, 'John A..Collins; Alekarider. Johnien,,,William'11:4T0r,§11, MoSes'Harrington, R. A. Merrilten; ShaIV,,.4onathan HarringtOn,Peter,CalloWay';ITatlianiel C;PoWell;:Suintiel Hngliei; B en) ttniin--Ilairmgton andyBurton :Pre tty m an .piefeired tv. petition in writing to the ain't of GerierallSessionS.OUthe,Pea*and Gael -1)e1 i Very 'het&at D Over;in.: and foilKent countyat 644'4191 ternit of the "Skid^ Conrt/iii!-the, .year eiir'llork oneo ',',ihoUste'd . eight hiindrecl;-tind-fifty4wo,..therciir,praying'the tam public road' in Koh t county, andAhat'tlier eupon John Hop-kins, an d: I (an e n freelieldertiOf sAd c ei:6'nj)iiciirited the said Oka to .View the Said fpreinises; tidid,to.laY out such road or road LS 'Iniglit'prOdticp such change or changes prayed in'said petition; they 'Might consider riecesittiyOr proper And 11Therias, it 4further. .ttppetirs' 'to this Geneial2A-a-semblYi ,thaVliaid .freeholders' dicF Make report in:writingitoc, said Court; at the:October-term thereof, in' the year aforesaid; they rectanm end ed ..that ' ptiOs Of an old public' road therein mentioned; should .be .vieated; und'did-therein redetninend'llitit new -road therein described should be made; and that the` said' Bur-ton 'Prettyman' should to''oncloSciiit certaitt.partr parts.; of said old 'public road therein redonnnend,ed to }be :Vilaiited; Aitct I-Whereas:: itlftirth or f'appears this General AssernblY,=that by .reaSon th&ömissioii Of :the' said 'freeholders teyigg:the.ber-tificates of their 'qualifications as such .freeholders ; tliat-lhersaid Court could notailirm their,said report and return.. Therefore,-. .. , SECTION 1. Be. it enacted,by 'the Senate 'and Irouse: of '.0iipr6. Ileport. or Free- sentatives ofthe. State of Delaware in ,G-enerat Asseniblifinet,:Thut hoof ldGe.r s Stoe'sCsioonusr,t the- said report and return of the said freeholders' .noW,reniaining conermedota of record in the office of the Clerk of the Peace in and f,or Kent County, be, and the same are hereby confirmed, made good and valid in law, anything in any law of this State to the contrary notwithstanding. U. Prrttymnn authorised to npun certnin rand In Kent County SEC. 2. And be it further enacted, That the said Burton Pret-tyman be, and he is hereby authorized to open and make such public rood as is recommended in said report and retutdof said 11 eclo1der, and Lu enclose such part or parts of said old public road referred to in said petition or return, as is or are therein re-cowinendel LO tat! CLiCIOSCd. SEc. 3. be it fqrther enacted, That such part ,or parts of Certain partd of said old public road as are in said report or return recOmmonded road vacated. to be vacated, be and the same are hereby littoated. Passed at Dover, January ,28 '1863' STATE OF7.;DELAWARE. CHAPTER,.XXL AN XCT'f.arthe benOt;of Robcrt:Icslane,-,BaChel' Lane, John j31 Lane, Li& aney Lane, and K?ttn a1 Letne-.'! . P,iuzte Act PaSsed,al ,Dover, January `,28;18531,, CHAPTER XXII.. AN: ACT far :the benOt of Sarah Gc.ingye. Private Act. Passed at Dover, January 28, 1853. CHAPTER XXIII. AN ACT for the relief of James, Charles and Susannah America, children of Moses America. Private Act. Passed at Dover, January 28, 1853. - CHAPTER XXIV. AN Am a incorporate ti4 ittiVord Steamboat Company. SmTtoN 1. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware, in General Assembly met, 20 TAWS OF TIEF, Cpoormxsy incor. (two-thirds of each branch of the Legislature concurring .therein,) That Curtis S. Watson, Peter F. Causey, Henry B. Fiddeman, Trustin P. McColley, Bethuel Watson, Charles T. Fleming, Man-love IL Carlisle, James R. Lofland, Wm. N. W. Dorsey and Lewis Chamberlain, of the State Of Delaware, and Thomas Palmer, of the city of Philadelphia, in the State of Pennsylvania,, and all! such persons as now are or shall hereafter become stockholders in a company already formed, and which has purchased tt.steamboat to run between Mispillion Creek, the dividing line between 'the counties of Kent and Sussex in this State, and Philadelphia afore-said, and their successors and assigns be and they are hereby created and declared to be a Corporation and body politic, for the purpose aforesaid, anti with the power and authority to build, or procure other steamboats, or steam vessels, to run between said places, and to or' Name. from any port or ports, place or places, upon any of the waters of, or emptying into the Delaware bay or river, by the name, title and designation of "The Milford Steamboat Company," and by that name may have succession, may make and use a common seal, sue and be sued, plead and. be impleadcd, in all Courts ot Record and elsewhere, and shall have full power and authority to pur-chase, build, hold, occupy and convey such steamboats, lands' tone-ments and hereditaments and real and personal estate, and to do all such other acts and dtings, as may be necessary to carry into effect the objects of the said Corporation. efiritni stock $40,000, Sham+ $25 each , SEC. 2. 4-1nd be it further enacted, That the capital stock of ii,moyed. the said Corporation shall not exceed the sum of forty thousand dollars, which shall be divided into shares of twenty-live dollars each, and shall be employed and vested in the purchase or building of steamboats or steam vessels, with steam engines, boilers and machinery, and all their rigging, furniture, tackle and apparatus, and in the repairs necessary thereto, from time to time, and in the purchase of real estate, and the construction of wharves, docks and landing places for the steamboats or steam vessels of said Corporation, and for such other purposes as may be necessary Srotouctkt,e trpaenrdsornearl- and convenient for steam navigation, and for the purpose of pur-ubielow chasing stages, wagons, horses, &c., for the conveyance of paS-sen,,,,, crs and merchandize by land; and that the said capital stock shall be deemed personal estate, and shall be assignable and trans-ferable upon the books of said Corporation agreeably to the by-laws for that purpose to be adopted. S1,,irpi Lu (ho ri vole Co mum- Sm. 3. And be it prther enacted, That the shares now held in Stock. aire,torsto.p. the private Company already formed as herein before mentioned, Woke. Ault be converted into stock, and that the Board of Directors hereinafter named, shall have power and authority to open books, at such time or times, and place or places, as they or a majority of them, shall think proper, giving at least ten days notice of the time and place of their meeting, te receive subscriptions for an increase of said stock, until it shall. amount in the aggregate, to the sum of forty thousand dollars, as aforesaid. STATE OF DELAWARE. 21 Stx..,1. And be it further enacted, That the said Compramy="g,7.7 shall be considered as fully organised from the passage of and may proceed to elect their officers, and the Board of tDhisaic-t, creased stock. rectors shall and may call in thie said increased stock, at such times a's they shall deem expedient, giving at least thirty days notice before the samiy shall be payable, by advertisement in at least one newspaper published in: the State of Delaware;' and- at least one published in the city of Philadelphia; but not more than ten dollars' on each share shall be called for at any one time and the said CorpOratiorf *shall have power to make, ordain and esta-blish such by-laws, rules and regulations for the said Companyas us-Law". to them shall seem expedient, and not inconsistentvith the. Con-stitution or laws of this State or of the United States; such by-laws, rules and regulations, may be made, altered or revoked by the stockholders, and by a majority of votes, at any general meet-ing; and the directors may make such additional rules and regu-lations as may, from time to time, be deemed necessary, to con-tinue in force until altered or revoked by the stockholders at an annual meeting; Provided, That the directors 'shall not repeal, revoke or alter any by-law, rule or regulation, ordained -or esta-4, blished by the stockholders, or make any rule or regulation con- .za Meting therewith, or with the Constitution or laws of the State or of the United States: And provided, also, That all rules and regulations tondo by the directors shall be open to the inspection of the stockholders. Sr.e. 5. And be it enacted, That a general meetinog, of thesievida stockholders shall be held at the Hotel now kept by Mr. Tumlin, si" ors. in Milford, on the first Tuesday of July next, and annually there- 'vb., after, at such time and place as the by-laws shall direct. Ten Natio,. days notiee.of .the time and place of holding a general meeting shall be given in at least one newspaper published l in the State of Delaware, and, at least one published in Philadelphia. Special vrP,.1.1 meetings of the stockholders may be called by the President and 14'$ Directors, or by stockholders, who shall together be proprietors of not less than one half of the capital stock, subscribed and paid in, notice thereof-being first given as herein provided in the case of a general meeting. The affairs, property and concerns of said Corporation shall be Directors, how under the 'control and management of five directors, to be chosen by the stockholders annually by ballot, either in person or by proxy, end in the choke ordirectors and upon every other subject coming before the steel:holders, each share shall be entitled to one vote: Provided, That no letter or power of Attorney for voting r rot .4.'t by proxy shall continue ill force More than one year from its date. The first election for directors 'shall be held at the general meeting in July next ; and subsequent directors shall be chosen annually 'at the general meetings of the stockholders. At the elections for directors, the stockholders shall choose two' of their number to act as Judges. Should a vacancy at ttny time occur Vnr, how in the Beard of Directors, it may lie supplied by an appointment tilled, 9.,) LAWS' OF THE Corporation not by the remaining directors' until. the 'next election. Arid dissolved by fail. ure to elect. ClOCL1Un of Directors shall not be made at the time i'vliez.purainint to this act it -ought to be made, the said Corporation shall not,foor that cause, be deemed to be dissolved, but such 'election' may be held at any time thereafter upon notice as aforesaid, and the di-rectors for the time being shall continue in all easei to bold their offices until new ones shall have been chosen in-theirstead, Present Dim. SEC. 6. And bg it further eizacted, That Peter F. CanseY,Our-tis S. Watson Thomas Wallace, Henry B. ,Fiddeman, and,J,ames, R. tom Lofland, of the State of ,Delitware, shall he and they are hereby President, 8". declared to be, the directors of the said Corporation froM the retary and Trea- Serer. passage of this act, until the election is held as provided for in the foregoing section. The board of direetors.fOr the time being, 'shall have power to elect a President and Secretary fromtheir number, and shall appoint a Treasurer, and all such other officers arid agents, and employ such workmen, artificers and Jaberers,.a.sshall be necessary to carry into effect all the -powers by this act granted to the said ,Corporation; and if they judge it necessary, may exact May take bonds from officers. and take from. their officers and agents, bonds for the proper exe-cution of their 'several duties and trusts, and for the faithful per-formance of their several contracts. President to pro- SEC. 7. And be it further enacted, That the President when kde at meetings or stockholders. present shall preside at all meetings of the said Corporation; and if absent, his place may be supplied by the appointment of aby one of the directors. flirectors to fix The Directors shall have power and authority to fix, deternibie prices for freight and pn.,,,,fige. and regulate the prices of transportation of passengers, goods, wares and merchandise' wagons carriages, horses,.cattle, stock of every description, or other articles that shall be carried or trans7 ortekby the said Corporation in their boats or other*ise. And the board of Directors shall, from tune to time, declare dividends of so much of tilt profits of said Corporation as they may deem advisable. linbscriber reins- SEC. 8. And be it further enacted, That if any subscriber or ing to pay instal-mentn, Director. subscribers to the capital stock of the said Company, shall neglect may declare sleek forfeited, or refuse to pay any instalment or instalments on the number of or may quo for iustalments. shires which he, she, or they, may have subscribed, or Le the holders of, for the space of thirty days after the time appointed for the payment thereof, by advertisement, as provided in the fourth section of this act, in such case, the President and Directors may either declare such share or shares forfeited, and ,sell and dispose of the same for the use of the Company, or they. may, the name of the said Corporation, sue for and recover thasimor sums so remaining unpaiZI, with costs and interest thereon; and such delinquents during the time that any of the instalments aforesaid shall remain due and .unpaid, shall not be entitled' to bolinquents um, vote at any meeting of the stockholders, or to receive any °""rd iVote. dends on the stock standing in their names. Sac. CI. And he it ,further enacted, That the said Company STATE OF DELAWA RE. 23 0 shall not use or employ any part of the capital stockor other funds, for.banliing or. Other purposes, not clearly indicated in this act, Iter"" under; the. penalties of an immesdiate forfeiture of' their Charter;" ttlf exeepythaCthe Directors may lend at interest upon bond, mort-gage or other septirity, such funds as they may. set apart for, the purposes of it 'contingent fund. SEC. 1,0. And be it further enacted, That this act'shall con- Act in force t.c. tintie. in force 'and operation. twenty years and. no longer, without 1.1%a;o8ention. re-enactment, and it 'shalt be lawful' for the legislature, a.t time hereafter, to alter, amend, or repeal the same. Passed at .Dovcr, February 1, CHAPTER XXV. AN ACT to incorporate Union Lodye 117-umber Five of the Order of Ancient York Masons, in the State of Delaware. SECTION 1. Be it enacted by the Senate and' House of Repre-sentatives of the State of .Delaware, in General Assembly met, (two-thirds of each branch of thc Legislature concurring thcrein,) Incorporation. That Richard Lockwood, Thomas S. Merritt, John Jones, Joshua Clayton, Cyrus Tatman, Garret Cox, Thomas Naudain, Israel ToWnsond, Henry P. Baker, William Wollaston, james M. Cox, Benjamin Gibbs' John M. Hunt, Hiram R. Harrold, John A. Eliuson, George F. Hitchcock and William H. Barr, and such other persons as' now are and may hereafter become members of Union Lodge Number Five of the order of Ancient York Masons in the State of Delaware, situated in the village of Middletown, in ac-cordance with the Constitution, by-laws, rules and ordinances of said Lodge, be by virtue of this act a body politic and corporate in law and in fact, and shall have continuance and succession for c°""auce twenty years and no longer, by the name, style and title of "Union Lodge Number Five of the Order of Ancient York Ma- Nun' sons, of Middletown, in the State of Delaware." SEC. 2. And be it further enacted, That the said Corporation and their successors shall for the aforesaid term of twenty years, be able and capable in law, by the name, style. and title aforesaid, eCrourporate pow to take,' receive and hold, to the amount hereinafter specified, sucklands,tenements, hereditamonts, rents, leases, stocks, goods, chattp1S, notes; bonds, mortgages, moneys, and other real and per-sonal property, as may come to. them by contract, transfer, de-vise, bequest,. gift, or. conveyance, or which May accrue to,them from the payment of initiation fees, dues and fines, in accordance with the by-laws, rules and ordinances of said Corporation., and 24 LAWS oy THE akso to sell, alien, grant, let, bestow, assign, transfdr, tis,e or dis-pose of the same, or any. part thered,, and to-do -all.Other:niat-ters, touohing the same which individual owners could _itil[tiv:do; and to make, lave anduse a common seal, and-the saind,toalter, cilantro and renew at pleasure ; and the said Corporation Shall May one and be afiso be able and capable in law to site and be sued ;.plead And be hued. impleaded, in any courts of Law or Equity in this, State, in manner of actions, suits, complaints, pleas, causes,, And matters arbatsomr, and of what nature or ,kind soever. SEC. 3. And be it enacted, That the members of said Corpora-tion, shall have power to elect or appoint such officers as they may deem necessary and proper to conduct and, mitnage the buSi-ness of saAA Corporation, and from time to thne to Make and establish such Constitution, by-laws, rules and ordinances not contrary or repugnant to the Laws and dOnstitution of the .State, or of the United States, as they May deem necessary or 'proper for the good government of the said Corporation, and for the f)roper management of its affairs and business. SEC. 4. And be it enacted, That the said Corporation shall not have, possess, or in any manner bold goods, chattels, rights, credits, landOenements, or property of any kind, the clear yearly,in-come of which shall exceed five thousand dollars, and they shall . have no banking powers .other than the lending of money on se-curity for investment. SEC. 5. And be it further enacted, That this act shall be 'deem-ed and taken to be a public act, and that the power to revoke this act is hereby reserved to the Legislature. Passed at Doter, February 11 1853. cilArr ER X XVI. AN ACT to restrain persons f Mil sufferiag swine to ,go at large within certain i/in /t in Alurdericill Hundred. &CRUX 1. Be it enacted by the Senate and House .of 1.1epre-sentatives of the State of Delaware, in General Assembly, met. That the fourth section of Chapter Fifty-.eight, of ,tho;-Revised Statutes, shall extend to and apply within..the,following.litnits, in Murderkill Hundred, Kent County, that is, to say: Regtnning. at upeayge. MsOtt.h nes, Robert Lewis' mill dam on the road from Camden tO, Bwinu rearmed thenmdown said road to within half a Intle'Of Canterbury, thence it,r6rgn,r".:1;i2g at through the lands of jonitthan N. Gilderslieve and 'Beret P. Con- °Clitoris. Property, ted. Public act. STATE OF DELAWARE. 25 ' nor to the road leading.froin.Canterbury to the Willow' Grove reVerkill Run-within half a.mile of Canterbury,rthence with said road. to Wil-lard Dawsdn's .House, thence down the Tidbury branch to the place of beginning.. Passed at Dover, Febrnary 1, 1853. 4 CHAPTER XXVII. AN ACT to ineorporate, Magnolia Lodde, Ho. 13, of die Rae-pendent Order of Odd _Fellows, in Kent County, Delaware. Private act.. Passed at Dover, February 1, 1853. CHAPTER XXVIII. AN ACT for the relief of a certain non-resident named John Bell. Private act. Passed at Dover, February 2, 1853. CHAPTER xx.a. AN .A.CT to divorce BdWard'L. lord and Mary Ann Ford, his Wile, late Mary A117:1 ',Henry, from the bonds of ,Matrimony. Pkvate Act. Passed at Dover, February 2, 1853. :24 . LAWS. 0 DTBE . atso to sell; alien, granti:let,.,,bestow;assign;transfer,-uso;or pine of the Same, ',or "any p'urt,. thereof; and,:to:del'all.:OthWMat-, ter's touohing the same; Which-individual .oWnerS-'eould':.in1aW40; and to make, have and use a comMen.seal;and:the,:santeitottlter, clia.nge and ,ronew!lit plesme, tied, the said'.0OrPOratiOn'iliall May ane and be aflio be able' and capable 'in laiiite'Sim' and lie:sUidviiieaci.iiiid'be 110 6. - impleaded, in any courts LaW''or Aoty..41 State, in manner of actions, suits, ,cemplaints,.,'pleas,,eauSeS;and","inatters whatsoever, and of what, nature or ,kind so'eVer.- SEC. 3. A,o'be-it-enaCtM; "That 'the thenthers, Corpora-tion; shall half() power. to elect .or appoint Stich :441'S as they tnay deem necessary. and proper to eendu,etankManagellkbusi-ness of sail' Corporation, and, froth tithe 2tó titxte, to. make and establish such Constitution,- by-laws, rules'. and,'Ordinarices not contrary or repugnant to the Laws and b.iinstitution'of the ,State, or of the United. States', as they May' deem.necessary Yor 'preper for the good government of the Said Corporation,, and for: the ffroper management of its affairs and business. SEC. 4. And be it enacted, That the said .Corporation shall not have, possess, or in any manner:bold goods, chattels, rights, credits, "'lands,' tenements, or property of any kind, the clear yearlyin-come of which Shall exceed five thousand' dollars, and, they shall have no banking powers 'other than the lending 'Of 'Money 'on se-curity for investment. . 5..And be it further enacted, That thiSaCt-shall be:tleeth-ed- iind taken to be a public,actiand that the pciWer to reveko:this act is hereby' reserved to the LeiviSlatitre.'' . Passed at Dober, Februarijj,-1.853, Oilleera. Property, I? tibiae act. CHAPTER XXVI. AN ACT to restrain persons front suffering *Inc top at laij-je within eertant limits. in MurderIcillHundred.! SECTION 1. Be it enacted .by. the &nate and' Iionse,.of ;,qeinre-sentatives of the State-of .Delaware, in: the, fourth section,of..bhapter ,ViftGye-nmeThiagt ht.,..uf41154,eyiSed Statutos,.. shall exttn4 to and' apply:witlmin., the'folloWing4000P Murderkill, Hundred,..Kent 'County, that is to say :;:;*-00-litjga ue, steam Robert Lewis' mill, dam on the'road'from,Catuden,te:,Canterhary, page NO. tiwinereutralued thOnCO.,down- said road to within balfaxiiie Of _chniterlitiryithence from riming at through.the lands of Jonathan N. r Gildearsnlietveh iltir le.rge thin at Con- STATE 01-1 DELAWARE. 25 ' ner to the rogilea.dingjromPanteyburyM.Ae, Oro ve,i4druoverkniu.?- vithin-liUlf,;i:mnile.ef:0-anterbuiy,7thence.)iith Wil-lard ,,I7iiivedn's :-11Tonse, -thence :dewii. the Tidbury .branch,to, Ithe: place. of ,beginni.ng.:. ;,..-, Private act. Paesed at DoVer, 'lebricary.1-1853:.' CHAPTER- 'XXVI AN ACT' to.ilicorporate', Magnolia :.Loilde,-;14.1:3,,of .theAde- Pendent Order,of; Odd .Felloive;;in:Kent Oonnty, Delaware. v-ate act. Paesed'at.. Dover,:.February. 1,4.853: AN ACT for the relief, of a certain non-resident named John Bell. Passed at Dover, February 2, 1853. .C1141)TiI1 AN 'ACT: id' divorce l'OuicircUL. li'mcT and Mary An Forcl,his ?cite ,Mary'AnitIreoi fr din;the londe of ,Mcitrintony. -- (Passed at Dover, TeLruary 2, 1863. tf; Preamble. Public act. -CHAPTE1 XXX:. ". AN Apt to oonfri!lit. an Ordincince: Of the city of IrilmingtOn,va= ,eathig part of Madison stredt., i were*, The City CoixnedOf the't-Werity eighthdaY of October; A. D one theusand,,eigiA,'445*,4'.40, fifty two, passed an :Ordinance entitled: f,An'OrtIiriailie :ifaCiaing part Of -111adigen .street,7)ihiehlk.i.n.the"Worde'fOileii,ing,that say " Section 1 Be it 'Ordained` hyWil- mington, That '.1Cladiion.'Street;_4.:44id.:dOWn in the pltn of the said 'city, from TWeiftli'.sthet. to',therIlietit the grodn!dii.=;Of.AO*':,.!::, Wilmington and Brandywine Cernetery'''deinitifiy,' beand the same'. !li ereby,Vacafted;: any law or -Oi'dina,n-ce, to the eon t'rarY pot= withstanding. Section, 2, 'And belt. further ordained, Thartlie . Honorable the General Assembly of the State, of Delaw,are, be and the same is hereby respectfully requested tOPtiss.'rin-A.ot its' next.. session confirming .andl.establishing the first'sectioh of this ordinance." New, therefore, SECTION 1. Be it enacted by the Senate and Bonn, ofRepro-t0yrdeinaaunoccello croCn.s entiztives of the State of Delaware in, General Assembly met, firmed. That the first section of said Ordinance as hereinbefore recited, is hereby confirmed and established, and the same shall be andre-main unalterable. SEC. 2. And be it further enacted by the authority aforesaid, That this act shall be deemed and'taken,te bea public act. Passed. at.Dober,'.Februifry, CIIAPTER XXXI. AN ACT for the distribution of the Revised Stiztutes of ;he State. of Delaware. , . SECTION 1. Be it enacted by the Senate and Rouse of. Repre-sentatives of the State Of 'Delaware, in, General Assemblyntet, That the Secretary of State (in addition to:the'distribntionfire-tteti. 7,;,,s,tit:.to'fore provided by law.,fer,Said ReVised::.Sta'tute)'iliall,naitkerfur- " St't" tea' ther 'distribution one COPY: JO" ilia To Governor. To Senateawl Governor, nine to the Senate, and twerity.-one t.i,h0,fonse.Of jjoueø ov re sit.0 Pr° Representatives; he shall deliver one copy to eaohefithe Clerks Clerks of . Court. ft et .t1 a t u SuPerior Court Clerks of. the .Petice-' Clerk's 4ifiIthe Oy- ' , .4,,,,o..F.,;,m,..r.it..T.',1,,,.,,.,. 4S._ .:,- -Is CP"' :Qourt'ariti 'Register of Willkof.theieyeral,,couuties, ofthis Blister. of Stlife';!,tobe'retained' by them respective etaes' and hand- --ity of Con.: ed",:,ey,er;tOtheir siOceSSOrs.: he transmit tWo'cOpiestd."the CT' uf.ivo of ,Library. f:'OOngress,and t*otto the;Eicedutiv,e of each State and Iltateoe. &c. TerriterY4the,,Vnited.. States, 10;,41*). ts4w ty,e,OPip6",:iii the e =_ change. stnelitoouninclr to be he' Shag; canie beA4nriellrotif::time.:, to time as the dein 4, re-quiric. atid;cleli.:ier'.them`,to.the-:Prothenetar.ies'of"the:bor,:eral:cani-frotbonotnrien. ties for sale at ondo11ai per copy, and theliaid':'lirdthonCitiities Q." 914". shall eveially nccour{t with and pay over to the Secretayofp8 ove'r pro- 'State'4'017;44, :i.i'se,-61£,-' the:,Staf&the 'atifonnt, received :Tr* the sales zeteat. to Sec of be received after pass'mg'this act; retaihing'five per cent ...A..... Per centage for the amount as compesationfoi their trouble, payment t made ouc in eitery.three months I ."Pa' . , , - . ,. , ' . r STAft i'01-44` DEIIAWA R E. .f- CITAPTER;'XXXIT., i 'c - AN A.gT,O) prevent i.forseR and:41,idei:from runne'ng at laqin . the,,Town of .1167ton. SiCriON4i: .2.Be itionacted.'.6y. the Senate and House of .1EOPr6. sentatipiii of the t.SYtateGeneral AisOnib That Horne, mules, 0.16'0\illtfoefii-114461" of.lny-hOrk, fiffire;'. gel ding .'er' inale .of the fco.,. prohibited age of twebie nionths.or npWards; who shall'snffer the same tO,he 1 '14 el at large,' out'of:.soch owner's or liceper?sineleged ground, within PenallY' the-limits of the Town of 'Milton,' in'Sinsek cduidy, shall forfeit and iia,'Y'tn the 'State for the use of the sohoOlifund; the ;eurn Of five 'd011ars; tO' be recotered ivith,,COSti'of Suit befOrenny 'Justice of the Peace for Said county., , Pao8ed,at4).over, February 3, 1853. CITAP,24R.:NXXIIL AN AO for ihe chef of A.bs' dent 4, .son. of Absolent atiy. .???ivate'.4Vt.- 'Passed at 'Dover, February 3, 1853. 28 LAWS OF THE CHAPTER XXM:Y. AN ACT concerning the division of School Districts 2i2121166'8' twen-qi- one, thirty,t1nve and thirty-eight, in New Cagle "Count"): . . S'ECTION 1. Be it enacted by 'the Senate and House of Repre- Comm i9Pi011era Rentatives of the %State of Delaware in General Assembly met, to divide. That Benjamin Caulk, Thomas Baldwin, and LeWis Thompson be and they are hereby appointed _Commissioners to visit school dis-trict number twenty-one, school district number. thirty-three and school district number thirty-eight, in New Castle- county, and inquire concerning the extent of said districts, and the number; of white children in each who ought-to enjoy the benefit of the school with a view to determine concerning the necessity of a division of the said districts. The said Commissioners, before entering upon To i.e aworn. the inquiry, shall take an oath or affirmation, to be administered by either to the other, or by a Justice of the Peace, to perform their respective duties under this act, with fidelity and' imparti-ality ; and they shall have power to examine witnesses upon oath or affirmation ; and severally to administer such oath or affirma-tion. If upon inquiry and careful examination, the said Com- New dintriet to misioners shall determine that the aforesaid school districts con-be laid off. tam n a number of white children entitled to the benefit of the schools, too great for three schools, and sufficient for four frill schools, and that there ought to be a divison of said districts so as to form four school districts, they shall make such division by lay-ing off by hounds and lines such parts from the said school. districts as that the- parts included by such bounds and lines, and tile re-spective remainders of said school districts shall be four conven- Nos. of distrieta after division. lent school districts; the said remainders to continue school dis.- tricts with their original numbers of twenty-one, thirty-three and thirty-eight respectively, and the said additional district included by said bounds and lines, to be designated by its proper number succeeding the highest number of the school districts previously formed in said County. If such division be made the said Com-missioners shall appoint the place of meeting for die school voters in the additional school districts. A majority of the said Com-missioners being met shall have power to proceed and act. If the said Commissioners or a majority of them shall niake division as aforesaid of the aforesaid school districts, they, or a majority of them, shall certify the same with their proceedings, under their Duty o'f Levy bands, to the next Levy Court and Court of Appeal of New Cas- Court. tie county ; the said Court shall take the same into consideration, shall hear objections, if any, and shall have power to make amendments or alterations in the bounds or lines cettified, with the concurrence of two-thirds of' the members present; and if the said proceedings as certified as aforesaid, 'or amended or altered, shall be confirmed by the said Court, with the concurrence of two-thirds of the members present, the said division of the aforesaid STATE OF DELAWARE. school districts according to the some shall be established; and nigh-runt pr-the additional school district thereby formed, shall become and eat! new be a separate school district in New Castle County, with the ca-pacity, Tights, and powers of ,a school district, according to law, and shall be entered,by;the Trustee of the fund for,establishing school& for the. State of Delaware, among the school districts-of said county, and account opened therewith ;, and in all dividends hereafter made. by said Trustee of the fund, for establishing schools in the State of Delaware, the respective dividends which May be Dividendsbow due, or hereafter fumy become due, the 'said original districts num.."1"e' bers twenty-one, thirty-three, and thirty-eight, shall be ectitally divide&annually among the districts number twenty-ore, 'number thirty-three number thirty-eight; and the said -additional school .district ;_ and the-school voters in said additional school district, and the school committee thtreof, shall have all the rights and powers of school Voters, and a school committee respectively, ac-cording to the laws of this State ; and all the laws of this State concerning free schools are extended to said additional school dis-trict. The place of meeting appointed as aforesaid for the school yinnt Tnyet-voters in said additional school district shall be the place of hold- Inni"" ing,all their meetings, stated and occasional, until anOther place shall be determined or appointed according to law. The'Levy CourOand 'Court of Appeal Of New Castle county, if division shall be .made' and confirmed as aforesaid of the aforesaid school tricts, shall.cause a fair transcript of the proceedings (as amend-e( i or altered) to be entered upon their minutes, with the entries of school districts ; and said entry shall be deemed a.record, they designating the said additional district by its proper number, as aforementioned; the respective remainders of the aforesaid school district number twenty-one, the aforesaid school district' number thirty-three, and the aforesaid school district number thirty-eight (the said parts being laid oil from them respectively as aforesaid) shall continue school districts with their original numbers respec-tively ; but all the white children within the lines of said addi-tional school district shall continue to have the same rights in school districts number twenty-one, number thirty-three, or num-ber thirty-eight as they now have, although a division shall he previously made, until the Saturday preceding the first Monday of October next. The entry of confirmation in the Levy Court shall be sufficient, if made according to the following form, ender-sad upon the certificate of proceedings, and therewith recorded In the Levy Court and Court of Appeal of New Castle county, v' of evil fil-ings having been examined and considered are confirmed by the the day of A.. 1). 1853, the foregoingbmoimr proceed- Court, two-thirds of the members present concurring. SEC. 2. And be it fitrther enacted, That the Commissioners gn.1 11111,F,I Otivre aforesaid, or a majority of them, may recommend any other altera-:3`,,,.":," tion of the School Districts aforesaid; which, if approved by the tin"' Levy Court and Court of Appeal, with the concurrence of two-thirds of the members present, shall be effectual, and the said School Districts shall be established in conformity thel.eto. .30 LAWS OF THE SEC. 3. And be it further enacted, That the ComMissioners aforesaid shall cause at least ten days previous notice tat»; given, by advertisements under their hands, posted in at least two of the most public places of each of the aforesaid School Districts, of their meeting in one of the said School Districts, to proceed to the '- ,performance of their duties under this act, specifying the clay, hour and place of meeting. The said Commissioners may ndjOurii from time to time; one only, if no other attend, shall litive power adjoUrn. , SEc. 4. And be it further enacted, That in case of the death, resignation, inability or refusal to act of Said Commissioners. 43r either of them, the Levy Court and Court of Appeal of New Otstle county, shall have power to appoint Commissioners,. or . a Commissioner in his or their plact; and the Commissioners :or Commissioner so appointed shall have all the powers and be liable to all the duties of the original Commissioners or Commissioner. SEC. 5. And be it further enacted, That the compensation to each Commissioner shall be two dollars a day, for every day's at-tendance in discharge of the duties of this act, which shall be ke-paid by the Trustee aforesaid, upon certificate of allowance by the Peon to C1Prk of Levy Court, under the hand of the Clerk of the Pea.Ce. of New the Peace. Castle county, and thafees of the Clerk shall be 'paid 1.T.,Ple said Trustee, on certificate of allowance by said Court, under the hand of the President, and the amount shall be deducted from the ap-portionment made to New Castle county of the income of said fund before divided among the districts. Meetiug. of achoul votere. SEE. (i. And be it further enacted, That if the 'additionid School District be formed as aforesaid, the school voters in -the said School District may meet at the place of meeting appointed as aforesaid, on the first Stiturday of May next, at three &chick in the afternoon, and appoint a Chairman and Secretary, and choose a Clerk and two Commissioners of the District, who shall ..cvrtitleale of antinue in office until theinext stated meeting, and until. sue4s-procevdlup. sors are duly elected. The certificate of the proceedings shall .he made, signed and delivere4 according to the provision of hintre-* hating to certificates of the, meetings of School voters. Notice of the meeting may be given', by either Clerk or Commissioner,- f School. District number twenty-one, number thirty-three or ,nu her thirty-eight. A failure to give notice shall not vitiate proceedings. Passed at Dover, February 9, 1853. Commimioners to give notice. Vacancy. Cumper:satIon. STATE OF DELAWARE. 31 CHAPTER XXXV. A FURTHEIt SUPPLEMENT to the act entitled "An Act to in.. Koh vol. 276. corporate the .11rew. Castle County Mutual Insurance Company." 5ECTON 1.. Be. a enacted by the Senate and House 0.B- evre - oectIon 6 or on!. notation of the State of Delaware in General Anembly met gidnal act ropeal- ThL4 Section.6 of the ad to which this is a, further supplement be, and, the same is hereby repealed'. 4c. 2. And be it further enacted, That the said act shall be Act amended. altered, anieridecl, and Supplied, as 'follows, viz : BY inserting in picaolpueart4on too lieu 9f Said' Section 6, hereby repealed, the following That every ronantoyr,00dboonokes.oni-poison Who may apply for insurance shall enter the property to be insured with a fair valuation thereof, on the books of the Com-pany, and when any property so 'insured, shall be .destroyed by fire, the amount insured shall form the basis of a tax to remune-rate the loss. And every person so applying for insurance, shall deposit with the Sseretary his or her promissory note for a sum, Nut° (4' insured - the principal and annual interest on which, at six per centum, shall rit/3dcreZy" place such applicant on an equal footing with other members, ta-king into full consideration the nature of the risk, which is to be determined by the Secretary, in common cases, and by' a commit-tee for the purpose appointed, or to be appointed by the directors from among. their own number in other, cases, whose decision shall dontrel the matter. The said promissory note or notes deposited Note, how port-as aforesaid, shall be payable in part or in whole, whenever the we' directors shall deem the same requisite-for the payment of losses by fire, or for such incidental expenses as shall be required for the purposes of the Corporation, and shall in return receive a policy Fancy of Insur of Insurance, signed by the President and Secretary and attested"' by the latter, under the seal of the Company; land for the pur-pose of raising a contingent fund for the payment of losses and other purposes of the Company, it shall be lawful for the directors to levy a tax on the amount of the promissory notes deposited as tiforessid, not to exceed six per eentum on said amount, and to continuo the said tax as long as in the judgment of the directors the interests of the Company may require. The said tax shall be peat() the Treasurer or, such agent as the directors may appoint, first, on or before receiving the policy, and if continued, annually thereafter; and no insurance shall be continued unless upon the aetaal.payznent of the interest or tax laid on the deposit notes by aiithcirity of the Said directors, within the time which may be re-quired-- and every payment so made shall be entered upon tho books' of the Company, to the credit of the payer ; and be.appIir cable, as far as the same may go, to the liabilities of the individuals, Crollit to pay. paying and to the Company and shall, so remain., Any member can withdraw his or her insuranee by giving ten day's notice to' the Secretary,, in which, cases, Q1' the cancelling of, a policy from!T.H" ""eu. , mor,,,447=a1-2= 32 -7.ortocein tilrier: any- cause, the deposit note or -notes,:with,,all*unappropriated. tax . , . cd, . or interest paid thereon, shall be restored to the depositer:.mid .. Transfer of po-i .. .. -.. . Hey. n case of the sale or assignment of the property insured: -by ._. the person insured and holding the policy; it shall ,belawful.fer,Stich person to assign and transfer to tlie'purbhaSer. the "policyrOi,con; tract of insurance ; and such.purchaser!,kaSSignenShallenjoy.alt. the rights and be subject to all the f,obligations :Of. !,:the',.:;perSon46 Connpnt of Pro- whOm the policy was.OrioinallY iivell,.:., .Provided, hat the' ...`SOn-sidentund Sento- sent of the President. or Secretaryitis'iiOV`aiSi4n.intine"ihillin ' transfer. uarYtcgis.cnn.nd endorsed on the 'policy. The'.,TOliepVilPi,ine.:it:ilir&; reneal;!litit:the insiiiiirice'shallle Subjedt-te:',..adjUStifidiii-;(0-6*-',-. - ever .either party shall require it. ' ''',.,' ' '!:- '',' '.' :;'...','' -.-4':',--',.'f`'.Y.,''''. Oth aection oil- Si d. 3. And ,-be 'it farther,enacted,'Tlia";the.nintli''Seatton:.Of -: , gloat act amend- - . ed. the said act shall be altered,'-ametnintlliiiA gup' 0 e.'ci'li.§'i'fiiiiii.0';'ilf.'i'ill.::, . . by, striking out the wOrd:.':nostbetWeeit. the ;Wordn:"and" '.'and,-,'....:. "member;" in the,sixth line: of said 'section, and subStAutitin. thb;,, . .. . , ..' - -. - -.--P.,, .--t=, word'" any 'm lieu thereof. - :' SEC. 4. And bc it farther.enacted,... That the eleventh, section: . of said act be also altered,, amended and supplied as follows, Iiiz.i.,. by striking out the word "Company ".. in the fointh',ilinci.,..-'of Said';;;,.. section; after the words "but it shall be lawful ..for,ithe;!-1.aridin4 sorting in lieu thereof the word' 'Director,s,".. and.-by,:striking ',''oitt. the words.thibond and mortgage," in thd sixttrline,Vatid-insert-ing in lieu thereof.the words".otheV good. security." - ;...'' -:.,.- --;'; ' originm con. SEC. 5. And 'be (i farther' enacted,- Thai: the fact.,:befere 'inen-:: grinui'elk tioned.shall be"rend and conStitied according to therairieiadninfita. tijiedene,,,,r to , hereinbefore liresCribed.'.-s- ''' ' " ' '' ' ' ' : ' .''' '''''' '., . ' Passed at Dover, .1"e6ruairA1-.185g., -.. ' 11111 avtion amended. -THE- , gllAry.put xxxvr. , AN ACT for the Suppression of 11r,aisance8. Stallions awl Be it enacted by the Senate and "law Of -Reyresenta,tivesio 11w State of, _Delaware, fit Oener«l 4.hspntblit .met, ',That; if;7.ank.3: ties, 100110 nnd person slptll exhibit any Stallion or jack nperi.the pUblin,fikeeti, lanes or alleys, or other pi-noes, within thnlimtts of atty city, pvn or village in this State, lin shall 136, doomed guilty of a i1e meaner; and upon conviction thereof, shall',forreit,..tioliaLtu0-,, Sfato of Delaware a fine ofnot loss than,ion'd011arS,Jincl`notraRro:; thafijiveiity dollars;' With costs :cif proseoution,lhe'satifetnbre,: how recovered, - s .in . covered by indictment :or preSentuienk.:the Court Of. SeSSions of the Peace and Gadrbelirery. ' 4 Passed at -Doverf'-leeltricory.9; 1858: %,': . .. . . . ..-.,., ,., .... ,! .:, . , . ...., .. ' - -CIIAPTER ,XXXVIII. . , . .,., : .. .... AN ACT ,to , divorce Eli Donovan and .11targ aret : Donovan; ,flate . Margaret Collin; fromihe bonds of niatrinton Y . ' . ' Priziate' 'Act. , . Passed at DoVer; Febru'ari)9,.1156,-:-: - .. , . , I . AN ACT to effect partition, of the .Real Estate of ThontaS Dea-lcyne and Ann Dealcyne. Private Act. Passed at Dover, February 9, 1853. 401! eXentp,.' tiny 'from: taxation, . eertgin Beg Estate JooatCCI in tke Uity of '17,ilntington, piirchaied.'by th. United ,States ,aoliernment-for the purpose of erecting a' ClistOnlroitie" tlidreOn. , - :Whereas, the Congress Of the United: States, at -its- 1at SefigOn,Ireamblo. appropriated-the ,sum of fwoney-fi've thousand 'dollars: for 'the pu.r. 6 STAT!)fOF'DpA.WARE. - " ' ",..* .. .1 "' .1" ';'; ';-.':' - .C1.IAPTEA- - AN FACT to eable Thomas P1izllis and Jose}h Pltihzjs to lo Sue'vCounty, 'and to doinplete.--theie..title,to' the-sante. . Pi wate Act Pa8sed at Dover, i'eaf 9, 1853 r ; " ," f= , CHAPTER XL. , . CHAPTER XXXIX., Li 34 4r4.1; 1)4 IJAWS.OF,TliEf-chasini* a site' and the construction of a .saitable building 4,the city. of Wilmington f in:this 'State; for. it Custom IlOusePeSt,Ot fice, Court-rooms and other offices of the United States,..,And,fer furnishing.the same upon .conditien;that:the General Assembly of this State .Should exempt AIM said:Site, or lot arid building from city' and,other -taxes: .4c1,1pAdreasi ;Op _Secretary: of thereus- StatesluiS",,egreed:With WellingtenGrabbilef tho'Said'bitY, to,pUrClia'Se Of .4ira,,,a',certaiii 1(4-.0 ground situate:at the -sontli!' east edrner arid SiXiir Street, in iho.ii'aiircity, Upon the.'condition above recited, which said lot of &thiiid,i Description or .scria as folows, to wit:, Beginning at a corner forthed by the L'37."y ex. interseetion orthe.ea'sterlY side of King street, with the. southerly side of Sixth, thence by 'the said:sideuf' Sixth street,"South fifty-eight degrees ,Oast one. hundred and twelve feet and ;Six'inalieS.-tO, a corner, thence south'thirty4wO degree' west fity-nine'fect te.a corner,' thence .north fifty-eight ,degrees west three:feet to a cor-ner, thence south thirty-two degrees west five feet-to' a cOrrier, thence 'north fifty-eight' degrees west ono hundred and nine feet six inches to the easterly side of airia.- street, thence by the Said of Kin g street north thirty-two 'King east sixtpfoUr feet to theplate'a beginning. 'ATow therefore. Property ex. SECTION 1. Be it enacted by the &nate and House of Itepre-t wrrhootnntaxn- sentativeS of the State of Delaware, in General Assendily met, That' WArenevei the' GoveraMent of tre United States shall com-plete the purchase of the said lot of ground situate at the south east 'corner of King ad Sixth streets, the boundaries vhereof are particularly described in the preamble to this act, the same to-, gether with the buildings and improvements which may thereafter be erected thereon, shall not be subject to city, county or state taxes,' but the same shall be held and enjoyed by the United States for the purposes aforesaid, 'free and exempt from all man-ner of taxation whatsoever. Passed at Dover, February 10,1853. CHAPTER XLI. AN APT to antencl the title of the "Farmers' Mutual .'ire rtmce antiany Creek Huyulred," andfor other purposes-. SECTION...LBe :IA enacted by the Senate and ',rouse of :Repre-sentatives of the State of Delaware in General Assembly met, (two thirds -of each 'branch of the Legislature coma:rm.:71g therein,) and at novudod. it is hereby enacted by. the authority of the sameii:That an act f" STATE'. OF DELAWARE: 85. pasied!;at:DoVer; February 1,4847,,to.,incorPortitelhe Farmers'. ...., MitttialTire Insurance ,..Company.'Of:MillI,Crc'elv.JIutiilfed;i iie:,:;;--:;-;.:,, ainendOdas follows, -to wit': strika-Out,the name 'OfTiaaiit.qomphny;, Namo cbatned: . irlifild act-in- section 1, the .11,Ords. ,.-Mill,iereek,Muiadradand'-' '''' iniert.. therein -instead ' thereof-the, Words .,iState.of .Delaware,:leT,ri,c,' Di. andin-.seetioa,-2.:ors:said--..det Strike. outithe.;werir,:rqniid " :tin&---;,,;. .1;..creithed.,-- seri 'instead thereof, the'..w.-Ord:.c.f Seventieen,'.f!.---::.,,,;.,--4,"::--w,O, S,C.;'2... !kid' belt\fiirther'eScread.,' ' Thiit Ihe:pihCes-:of ilie''Addl'IkciivIeliiiiezi'4;' tiiii.iLirlilhilifid14' Il&ClelViiiViCiiied' sil.T111 bd"fill'eif:ti'lliein66iii' I. ,., - : ,board'ornianagers, Unlit the n'ext,'apniial Moetiffii''''of thil-',COM- .,. .. . : . ..,1,. .. . . paily,, in COnformiti{Vitli'the-PrOVISIons' of 'thesecehd- seetion Of said.Acts. thUs.ainendect.;,,,S,nd all.'contracts;.whether in,thil;ehtte4O- Contract .hereto' tat of policies Of ;insurance, depOsita.:fietei; loiMS, Or.obligationS,;byfriorr:eisiadelp full with., f of:.:tO the said,gorpOration, ';shall bd. aannd d: m in',fullifoepo,i and virtue the same as ifthe-title.before.Mentionedlitid,;.fiatAeeti,,, changed Or .amended: , ' ssed 'at ..D.,o'ver, 7arnY-Sji: CHAPTER XLTL, ' : AN ACT for'tlie'iniproi4rainit Of the Stciid Road at:the soltth end GOA:Wand 'for othei.purposes . . ..:SEcTrox- 1. Be. it enacted by the. Senate. :anet-Holt se; of Repr:e-sentatioes. of the State of GeneratAssernblyinieti That Peter F. Causey,. Manlove and."Johnitatoliff=, be andthey, are hereby appointed Commissioners', and authorized tonvw State and directed to employ laborers and team's, purchase :materials, superintend and make,such,repairs as in their: judgment iS:neces- . sary to make permanent that Part of the State Road in-Sussex . county, from the Milford .13fidge over Mispillion Creek south- Wardly, till opposite ' Or interseeted by Front street of South Mil-ford, in said county, and thence to secure the washings of said Toad and street, so as to prevent injury to the repairs hereby di-rected to be made. To defray the expenses of which the Levy ic,nrztycollorta. Court of Sussex county at their next meeting after the passing of "PK"Priati"' this aet;, (provided they have notice hereof,) or so soon asthey may have notice, is hereby authorized and required to appropri-ate Out of the amOunt levied upon the assessment, of Cedar Creek Hundred, in said county, for roads and direct the Collector there-of to pay over to the said Commissioners the sum of one hundred and fifty dollars. 361 LAWS OF THE tCno mkeoedpen aiocnceorunn t 'S-'E c. 2. And be it further enacted, That the said Commission-of moneys re- ers shall keep a just and true account of money by them received, ceived and coati+. Shall render I with the items of cost of the repairs herein directed to ltirt. to Lovy be made, and render the same to the said Levy Court, for settle-ment at their next meeting after said repairs shall have been Their compeuaa- finished. The said Levy Court shall allow said Commissioners a. non. reasonable compensation for their services .respectively,, and on Unappropriated settlement of said account, if any unappropriated balance shall vtire.t. toLmk; appear in the hands *of said Commissioners, the same to be paid, Court. over to the said Levy Court, to be applied to the credit of the Row applied. road account in and for Cedar Creek Hundred.' Comminnioners SEC. 8. And be it further enacted, That the said Commission- authorized to grade and pave era (above named) are also authorized and directed to grade, curb Ride wal k. with stone, and cause to be paved with hard brick, the side-walk on the west side of the said road from the Milford Bridge afore-said, southwardly along and with the side of the buildings and fencing thereon, as now erected, such width as they may deem proper till opposite the south side of Front street of South Mil-ford aforesaid. And to enable the said Commissioners to defray Expense of taw- Ste., bow the expenses thereof, the provisions of the act entitled, "A sup-paid. pletnent to the act entitled 'An act to amend the act entitled An 10th vol. 497, act directing the manner of choosing Commissioners to regulate and repair the streets of Milford, and for other purposes,'" pas-sed at Dover, February 146, 1851, are hereby extended, and made to apply, and of which tho said Commissioners shall have the benefit as to the grading, curbing, and paving herein directed to be done, and the protection and preservation thereof in future, after the same shall have been completed. Vaeancienhow SEC*. 4. And be it further enacted, That in case of vacancy from any cause in the number ef_Commissioners herein appointed to perform any duty under this act, the Justice of the Peace, for the time 'being, residing in South Milford, Sussex county, shall have power to fill it by another person or persons, as necessity may require, who shall be 'subject to the same obligations and duties which are herein enjoined upon his or their predecessor or predeceSsors ; and it shall be the duty or the said Justice on notice of such vacancy to fill the same, by the appointment of some other citizen or citizens of South Milford aforesaid. Passed at Dover, February 1.1, 1853. STATE OF DELAWARE. 37 CHAPTER XLIII. AN ACT to 'incorporate Friendship Lodge No. 22, of the Inde-pendent Order of Odd Fellows of the State of Delaware, at Peace and Plenty. SECTION 1, Be it dnaeted by the Senate and Rouse of Repre-entatives of the State of Delaware, in General Assembly met, (two-thirds of the members of each branch concurring,) That Thomas. J. Chandler, Eli Crosson, Matthew Croft, Jacob Craig, iscorporauou. Pusey Wilson, William Clark James Crosson Isaac S. Crosson, John- R. Crosson, James Clark, Ephraim 13. Crosson, and George P. Hoopes, and such other persons as now are or hereafter may become members of Friendship Lodge No. 22, of the 'independent Order of Odd Fellows, located at Peace and Plenty, in New Castle county, Delaware, shall be by virtue of this act, one body politic and corporate in fact and in law; and shall have continuance and cti,,,,, succession for twenty years by the name, style and title of "Friendship Lodge No. 22, of the Independent Order of Odd Name, Fellows, Of the State of Delaware, at Peace and Plenty." SEC. 2. And be it further enacted, That the said corporation and their successors, during tlto term of their corporate existence, shall be able and capable in law to purchase, take, receive and may hod pr'op-bold any lands, tenements, hereditaments, rents, 'leases, stocks, erty. goods and chattels, bonds, notes, mortgages or money, or any property whatsoever which may be devised, given or conveyed to them, or received by the payment of fees, dues, and fines, and also to grant, let, sell, bestow, convey, assign or transfer the same, and to do all other matters relating thereto, by the 'name and title aforesaid; and shall hare a common seal, with authority to break, seal. alter, and renew the same at pleasure, may sue and be sued, plead and im impleaded, in any court of law or eguity in this State or elsewhere in any or all manner of actions, suits complaints, pleas, causes and matters whatsoever.. Six. 3. And be it further enacted, That the members of this OfTleere. corporation shall have power to appoint or elect such officers as they shall deem necessary and proper to conduct the business of said corporation, and to properly manage its affairs conformable to the provisions of this act and to the by-laws of said corpora-tion; and from time to time to make and establish such by-laws By.it,, and rules as they shalliderm proper and necessary for the good government thereof: Provided, such by-laws and rules be not con-trary to tile laws and vonstitution at this State and of the United States. Sm. 4. And be it tuth,er enacted, That the said corporation Limitation a shall have power to hold or possess, in anymanner,. goods, chat- property. teis, rights, credits, lands and tenements, or any other, property, 88 - rublic Act. LA WS OF THE the clear yearly income of which shall not exceed the sum of two thousand dollars, and shall not possess any banking powers other than the lending of money on security, for permanent investment. SEC. 5. And be it .further enacted, by the authority aforesaid, That this act shall be deemed and taken to be a public act. Passed at Dover, February 11, 1853. CHA PTER XLIV. AN ACT to incorporate the Indian .River any? Lopes Creek Canal Company. Srurthx 1. Be it enacted by the Senate and House of Repre-sentatives of the State (if .Delaware, in General _Assembly met, c,,is (two-thirds of each branch thereof concurring,) That Manaan Gum' Benjamin Burton, Peter R. Waples, Henry F. Hall, Wil-tigw, rt,i1trou1,/ksliam Rickman, Thomas W, Ware and James F. Burton, are hero-n' by appointed Commissioners to open books for receiving subserip-thwit,, r two° tions to the amount of fifty thousand dollars, in shares of twenty- -cAacmti. en $25 five dollars each share, for the purpose of cotting and making a Can'al to connect the waters of Lewes Creek with Indian Inver, Canal to connect Inctitto tuveruict and perfecting the navigation of said Canal; which said 'books Lewes Cruet. shall be opened at such times and places, and continue Open for such time as said Commissioners shall appoint, who shall give Notice of open. least twenty days notice, by advertisement in such newspapers as tog books, they deem proper, of the times and places of opening said Woks. A. mniority of said Commissioners shall have power to act in all respects as if all the said Commissioners were present. SIT. 2. And be it further (waded, That a general meeting of onneral meeting of subseribem the subscribers shall be held at the town of Lewes, in Sussex Notice. County, on the third day of' May, in the year of our Lord one thousand eight hundred and fifty-Nur, of which at least twenty days notice shall be given by the said Commissioners, or any three of them, in such newspapers as they may deem proper. And the Donfrb to lay acting Connnissioners at such meeting, ALB lay before such of bOOk,het.""4- the subscribers as shall attend, the books by them respectively oerther$ kept, containing the said subscriptions; and if one hall of the capital sum aforesflid Sit ILl I, npun vxanunation, appear not to subscribed, then the said Commissioners $hall have power to re-ceive subscriptions in.sooelt manner as they may deeiii expedient, to mke up such Ikikieney. And in case more than fifty thou- STATE 01 DELAWARE. 39, sand, _dollars shall have been subscribed, then the subscriptions ire '5Lutatn: shall be reduced to that sum by. the said Commissioners, or a ma- it,tnenount reduced,' jority,of them, by deductingfrem the highest subscription or sub-scriptions until the amount of subscriptions shall be ',reduced to said sum of fifty thousand dollars. SEC. 3. And be it further enacted, That in case one-half erne Company inept'. capital aforCbaid, or a greater sum, shall be subscribed, or a sum P" t greater than the vitae capital aforesaid shall be subscribed, on or before the first Tuesday in January, in the 'year of our Lord one thousand eight hundred and fifty-five, the subscribers and their successors and assigns from the time of their said first meeting, shall be and they are hereby declared to be a corporation by the name, style and title of "The Indian River and Lewes Creek L'hune. Canal Company," and shall have perpetual succession, and may Perpetual sue-sue and be' sued as such; and shall have all the rights and privi-""1""' loges incident to a corporation. And such of the subscribers 'as may be present at the said lint meeting are hereby authorized and required to elect seven directors for making and cotaplet_im g Directors. said Canal and managing the business of the said Company for and' during such term, not exceeding three years, aS a majerity of said subscribers shall think proper. The said Directors shall 1?irellorstto elect at their first meeting elect one of their body to be the President,of ' the Company. Every subscriber at every election shall be allowed one 'vote for .every share of stock held by him or her in said Coin- viloyeb 'hare one pany. Any stockholder, by wiiting executed under hand and seal, and attested by two witnesses, may depute any other member or stockholder to vote and act" as his or her pi.oxy at any general Proxy. meeting. SEQ. 4. And he it faPther enacted, That the President and Di- President and rectors when. elected, and their successors or a majority of them eti,rrtyorsivemrigns assembled shall have full power and authorityto agree with any ,troheet ci:torimftei person or persons, on behalf of the said Company, to cut such duties. canals, and erect such locks and perform1a.1_ such other works as they may judge npcessary for opening, improving and extending the navigation between the watel s of Lewes Creek and Indian River, and carry on the same from place to place, and from time to time, and upon such terms and in such manlier as they shall think lit; and out of the money arising from the subscriptions and tolls hereinafter mentioned, to pay for the same ; and to re-pair and keep in order the Said canals, locks, and all other works necessary thereto; and to defray all incidental expenses and. also to appoint a Treasurer, 8ecretary, and all such other officers, toll- Treasurer, Sae_ gathers, agents and servants as they shall deem necessary to carry rotary, this into effect; and tile' same or any of them, in their discretion, to remove or dismiss; and to agree for and settle their salaries, Their ealaries. wages, or allowances, and to settle and pass all accounts; to fix the time and place, and direct notice of the election of the Presi-dent and Directors, and 'other meetings of the stockholders; and the same from time to time to change; to appoint Judges of all Vnenneles In elections; to fill up vacancies which nary occur in their own body : rI of 1' 40 LAWS OF THE to. make and establish, all by-laws, as they may deem necessary for the transaction of all other business and concerns_ of the said DyInws. Company; and such by-laws, from time to time, to alter and re-peal: Provided, that such by-laws shall not be contrary to the laws or Constitution of this State or of the linited.States. Treasurer to Sic. 5. And be it enacted, That the Treasurer shall give give loud. bond in such penalty and with such security as shall be directed , by the by-laws; for the true and faithful discharge of the trust re-posed in him; and shall receive such compenSation for his su-n) officer to vote vices as the by-laws shall prescribe. No officer in the said Com-oonuuht i,s owu no- pany shall have any vote in the settlement or passing of his own accounts. President & SEC. 6. And he it farther enacted, That the said President and .rectors to draw orders at mo.Directors, or a majority of them, shall have full power and autho- p"aYymmeanYt o fd isrueb-c trity froM time to time, as money shall be wanted, to make and eleriptions sign orders for that purpose ; and direct at what time, and in what proportion the stOokholders 'shall pay the sums subscribed Notice, of which reasonable notice shall be given in such newspapers as they may order, which said sums shall be paid into the hands of Shall direct dis- the Treasurer to be disbursed by him us the President and Direc-bursumen tn. Stock forfeited tors, or a majority of them shall direct. If any stockholder shall oreoldor"o". neglect or refuse to pay any proportion or instalment within thir- payment. ty days after the time of payment so ordered and. advertised as aforesaid, the share or shares of such stockholder, and all moneys thereon paid, shall be forfeited to the company, and shall be sold by them to any person or persons wiling to purchase the same, for such price as can be obtained therefor ; and such purchaser or purchasers shall be subject to the same rules, regulations and by-laws in all respects, as if such share or slimes had been as-signed by the original proririetor. But if the said President and Directors, or a majority of them, shall deem it more beneficial to the interests of said Company, they shall have full power and au-thority, instead of forfeiting such share or shares to recover from all or. any defaulting stockholders, by due courso of law, such in-stalment or instalments as may remain unpaid after the expira-tion of thirty days from the time of payment so ordered and advertised as aforesaid, together with full costs of suit and inter-est at the rate of twelve per centum per annum. stoosutartero to SEC. 7. And be it farther enacted, That upon the expiration elect P resident and Directors, of the term for which the said President and Directors shall be ten. elected, pursuant 'to tho third section of this act, the stockholders shall meet at such time and place as shall bo fixed upon pursuant to the provisions of the fourth section of this act, and either con-thine the said President or Directors, or any of them, or elect others in their stead. The President and Directors, from time to time, elected pursuant to the provisions of the said fourth sec-don shall continue in office until others shall have been duly elect-ed at such time and place, and in such manner as.shall be pre-scribed by the by-laws. STATE OF DELAWARE-. 41 ,SEC. 8; And be it .further enacted,. That the presence of the:,! Stockholders, either in person or -byproxy; who haven, majority emery to act. of the *hole number of shares subscribed for, -shall be necessary to.(constitute a general meeting: Tho President and Directors shall annually, at such general meeting, make report and render distinct and just account of all their proceedings; and 'shall make such diVidenct of the nett profits arising from the tolls hereby granted as they may deem proper, to and among tathe stock-holders of the said Company in proportion to their several shares. SEC. 9. And be it further enacted, That for and in considera-tion of the 'expenses which the said stockholders will necessarily incur in making and perfecting the works ofpublic improvenient in..this act contemplated, and in keeping the same in repair, the said-canal and all other works with all their profits under the Canal and other limitations aforesaid, shall be and they are hereby vested in said :rpk,:ravt=t corporation forever, subject nevertheless to the power of the Le-gislature to revoke this act of incorporation, which is hereby"r'e- flou tem/read. Power of revoea-served, by the Legislature. And it shall and may be lawfUtfor the said company, after the said canal shall be made navigable, to -demand and receive tolls at, such place or places en the said canal as the President and Directors may designate for that pur-pose, not exceeding the folloiving,rates ; that is to say: '6 ets. For every pipe of wine or French brandy, . 75 Itates of toll. For every hogshead of wine, rum or other spirits, 60 For every hogshead of tobacco, . . . . 60 For.eyery hogshead of beer, rice or molasses . 50 For every barrel' filled with produce or merdiandize, 10 F,or eVery keg filled with produce or merchandize, 5 For every bushel of grain, peas, beans, seed or salt, 2 For every ton of hemp, flax, or manufactured iron, . 1 00 For every ton of metallic ore, pig iron or castings, GO For every ton of stone or coal, . . . . 50 For every chaldron of opal, . . . . . . 20 For every hundred of pipe or hogshead staves or 'headings, 5 For every hundred barrel staves or headings, . .. 3 For every thousand shingles, two feet long, . 50 For every thousand shingles, less than two feet long, . 40 For every hundred cubic feet of plank or scantling, . 25 For every hundred cubic feet of other timber, . . 40 For every cord of wood or bark, . . . . 50 For every gross hundred weight of all other commodities or packages, ' 5 and for all other commodities in the same proportion, agreeably to the articles above enumerated. Every boat or vessel not having commodities on board, which will pay the sum of two dollars, shall pay so' muchas with the commodities on board, will yield the sum aforesaid : and every empty boat or vosel shell pay two dollars, '6 - 42 LAWS OF THE except an empty boat or vessel returning whose lead has already paid.tellsaccordingto the aforesaid rates ; in which case she shall Proviso. pass toll free : Provided, such boat or vessel shalt return.within thirty days after payingsaid tolls. In case of neglect or refusal to pay the toll at the time of -offering to pass 'through the said Canal, and previous to the vessel or boat passing through the same, the Collector or Collectors of said tolls may lawfully refuse passage to such vessel or boat; and if any vessel shall pass with-out paying said tolls, such Collector or Collectors may seize suCh vessel or boats wherever found within the limits of this State, and sell the same at auction for ready money, upon five clays notice, and apply such money towards paying said tolls and all expenses of seizure and sale, and the residue, if any, shall be paid to the owner; and the person having the direction of such vessel shall be liable for said toll, if the same be not 'paid by the' sale as aforesaid. SEC. 10. And be it further enacted, That if any master, ship-per or agent shall falsely or fradulently present to any collector of tolls or other agent of said company, a false manifest et' account r False manifest or °f , statement of car.' of cargo of any vessel or boat passing, or about to pass through go. 'the said canal, or &e .a false statement of the toll thereon, Or 'otherwise attemPt to defraud in said tolls, such master, hipper or agent, shall after paying to the said Company the toll clue anti Shall pay double costs of ascertaining the same, forfeit and pay double the amount of toll so charged, on which such fraud shall be attempted, to be recovered by action of debt, with costs of suit, in any Court of Record' in this State or before any Justice of the Peace in arid for Sussex county having jurisdiction thereof, in the same man- How recovered ner as debts under one hundred dollars aro now iTeove-i'able by and applied. law ; one moiety of which forfeiture shall be for the use of the party suing for the same, and the other moiety thereof shall be for the use of the State. Canal a public SEC. .11. And be it further enacted, That the said canal, when highway. completed, shall be deemed and taken to be a public highway for the transportation of all goods, commodities or produee whatso-ever on the payment of the tolls authorized by this act. Company may SEC. 12. And be it further enacted, That it shall be lawful for enter upon and , survey lands ill trio said Canal Company by their engineers, artists, superintend- Sussex. eats, contractors and laborers, with their instruments and imple-ments, from time to time, to enter upon any lands in the county of Stssex, through or near which it may be intended to cut the said canal; and explore and survey such lands for the purpose of determining the best route and location for said canal, and to do whatsoever may be necessary for, or incident to, said exploration or survey; and it shall he lawful for Said Company, through its May contract President and Directors, to contract and, agree to and with the with owner for such lands, owner or owners of any lands or tenements, for the purchase of . so much thereof as may be necessary for making, digging and per-fecting said canal, and for efeeting and establishing all the neces-sary locks, works and devices to-,Aio.44zculterprize ;)elonging, if STATE OF DELAWARE. 43 such contract or agreement can -be mine to with such owner ,or-Zurilit"tte: oWriers; but in case of disagreement or iii. case the oWner or-own- hcldr-tO be ap7 era of any such lands and tenements be-out of the State,-orunder & od beg 0 ourt the disability of infancy, coverture or incompetencyof:mindi or judge. be otherwise incapacitated or unable to .make such 'contract, or to convey lands, then,-in, each and every such case it.-shalLand niay be lawful to and for said Company to apply to the Superior Court of this State in and for Sussex county in term time, or to the As-sociate Judge residing in said county, in vacation, first .giying at least ton days' notice thereof to such owner or -owners, if within Notice to owner the State ; and the said Court or Associate Judge, is hereby au- of 'dada. thorized and 'required to nothinate and appoint. five fit and impar-tial freeholders of said county to examine whether such owner will suffer 'any and what damages by reason of taking such lands or tenements for the use of said canal and the'lockssand other works thereto belonging, or by any means whatever. And it- shall be the duty or the said Company to give at least. ten days' notice to such owner or owners of the time and plaeli of meeting of said freeholders; and such notice, or any other riotice,required,by this act, to. such owner or ownOrs may be served by-the, delivery of a copy ,thereof to him, her or them, or by leaving. a copy thereof at Notice, how their tisual places of abode, if living' within the State, or ;if 'living served. out of the State, by affixing a copy of such notice in some con-spicuous place on the promises. And each of the Said free,hold- Freeholders *to ers,.before proceeding upon the duties required of, him by this:act, be sworn. shall take an oath- or affirmation, that he will, faithfully and, im-partially, according to the true intent and Meaning of this .act, and to tile best of his skill and judgment, estithate and as'sess the damages, if any, which_ such owner or owners will suffer byreaion of. taking any such lands or tenelnents for the use of the said Canal, and-tile locks and ,other works thereto belonging;- which, oath or affirmation the said freeholders shall severallr have authority to administer to each other. And the said freeholders shall proceed shall consider to view and examine the premises; and in assessing damages also ob rend: sat souomvitung-shall take into consideration the benefits and advantages to be damages. derived from or in consequence of the said canal to the owner or owners of the said lands ; and the said freeholders hall certify their finding and award in each case to both parties : Whereupon, the said Company, on paying the damhges so assessed, shall be- on payment of come entitled to have, use and enjoy the Said lands for the pur-;;;;"17,11=`,; poses by them required forever; and in case any owner or owners learhownera, or any lands necessary for the purposes of said Company shall be be miners, kec a minor, non-resident, or for any-cause incapable of receiving, or Nienpuoesitetlilaiy/1 P. unwilling to receive, or shall neglect to receive said damages; or "i'"k to call on the said Company for the same, the said Company may deposit° the same to the credit of such owner or owners, in the Farmers' Bank of the State of Delaware, subject to his, her or their order: Whereupon, the said Company shall be entitled to have, use and enjoy the said lands and premises required for the purposes of said Company, for or on account of which damages Vacancy in (tea. than have been so assessed; and in case of death, or refusal to Id,".1."' 44. LAWS OF THE act, or otherwise, any vacancy shall occur in said Board of Free-holders, saki Court or Associate Judge ,shall have power to fill said vacancy. The expenses of the assessment of 'said damages. shall almayS be paid by said Company. Every freeholder 'shall Compensation to be allowed the sum'of three &Bars for every day during which he freeholders. shall be actually engaged in the service required of him by this act. May purchase SEC. 13. And be it :further enacted, That the said Company places for receipt are lands and erect hereby authorized to a0g ree with any owner or owners of lands of tolls, or tenements for the purchase of such lands or tenements, at or near convenient places for the receipt of tolls as aforesaid, fertile purPOse of erecting necessary buildings; and in case of disagree-ment, or ofnny of the disabilities aforesaid, or the owner or oivners being out of the State, then such land may be valued, condemned arid paid for in the same manner and by the same mode of pro-ceeding as directed in the foregoing section; and the said Compa-ny shall upon payment of the valuation money of the said land, be seized thereof in fee simple, as fully and effectually as men-tioned in said section. Capital insuMet- SEC. 14. And be it further enacted, That if the said capital may be in- shall prove insufficient tO accomplish the beneficial purposes in-ccreoaseod t.o t$1e00n,- ded by this act, it shall and may be. lawful for the President and Directors, or a majority of them, at any stated Meeting under the bylaws, to increase the capital stock of.the said Company, by the addition of as many shares as they may deem necessary; for which purpose they shall be atliberty, as may appear most advi-sable for the Interests of the said Company, either to open the book i and receive subscriptions in such manner as they may'deem expedient, or to sell all or any such additional shares for the ben-efit of said Company, for any sum or sums of money not undeithe par value of such shares, to wit, not under the sum of tMenty-five rrp,idem fm. dollars for each share. And the said President and Directors rrrwtour,szayy. bar. shaallll have power to borrow money for effecting the beneficial pur-poses of this act, and to issue certificates or other evidences of loan, and to. pledge the property of the said Company for the payment of the same with interest thereon: Provided, neverthe-less, that the increase and addition of and to the capital stock of the said Company,- to be made as aforesaid shall not exceed one hunched thousand dollars. Shares shall be SEC. 15. .ilmd be it further enacted, That the shares of the 1 tyetnd whole- capital stock of said Company shall be personal property, and ble, how. shall he assignable in such manner as shall be regulated by the by-lams, and subject thereto. Corporation not SEC. 16. And be it further enacted, That the said corporation through failure 811 all not be dissolved through a failure of the stockholders to hold to weet, any Meeting as prescribed by thiv act, or to elect Directors as di-rected by this act, or by the by-laws, or through a failure of the President and Directors, or a majority of them, to do any act or thing on a particular day or time, or to fill vacancies in their own board. 4 STATE t OF DELAWARE., ,ft7 SEC. 17. And be it further enacted, That in case the said canal cc,"e"enyiget7, . shall cross any public road, it shall be the duty of said tCompany, rcliraolsos at the proper expense of the same, to make and keep in'goed "Order public roads. and repair, a good and sufficient bridge or bridges acroastthe said canal; so as to prevent anyinconvenionee'in the usinglif Such road or roads by reason of said canal crossing the -same; and that-it shall be lawful for the Legislature otthis State, at all times here-after, to enact laws for the erecting and maintaining bridges ticress he said canalat the expense of the said Company, and to subject the Said Company to forfeitures, pains andpenalties for not com-plying with such laws. SEO. 18. And bc it further enacted, That if any person orrematyro.d.m. persons shall destroy, damage, or in any manner injure the said oa flew: ow ocraiusal or canal; locks, works, buildings, or any of them, or anrpro-petty of said Company, or counsel or abet in so ,doing, he,' she or they shall forfeit and pay to the said Company twice the amount of the actual damages sustained by said ComPany, to be. sued forum. rrcelved. and recovered with costs of snit before tiny Justice of the Peace, or,in any Court having cognizance ,thercor, by action of debt; or on the case in the name arittfor' the Use of said Company. SEC. 19. And be it further enacted, That full power and au-company thority are hereby given to said 'corporation to do all matterp-and;;=;':fFrAlLt things necessary to the construction and completion of a canal to wno1vin.T..11A.51,- connect the waters of Indian River with the waters of' Assamomin canal. Y Bay, as though.the same were a part of the canal in the:first-,sec-tion of-this act mentioned, whenever in thoirjudgmerit ieshall be-come necessary and beneficial to the interests of said corporation, andto the trade and commerce of that iiart. Of Sussex cotinty ad-jacent- to the river and Bay. Passed at.Doud, lebruarli 12, 1853. CHAPTER X UV. AN ACT for the relict' qf .Justin Pierce, Prirate Passoil (it Dover, Pehrtairll 12, 1853. . 4a LAWSOFTHR CHAPTER, XLVI. AN Acy for the relief of John Eaton. Private Act. Passed at Dover, February 12,' 1853. CHAPTER XLVII. A SUPPLEMENT to the act 'entz.7104,," An ,Act for :the ,better regulation 'of. the Street of .:Heibarle, and for ,other purposes. EcTroisi 1. Be it enacted by the ,.Senate and fithise of Refire-, sex' tatives of. the State of Delaware, in General' Assernidy met. That the Commissioners for the, time being of the tewnOf-Neivark, in:New Castle conn.ty,.andtheir successors in office, are ,hereby empowered and . di recte.d. :ann ually , to levy.and 'Make - by:.)vtiy;, of tax from the, inhabitants of said town,.the suraof twO-hundied,dol- 66oneta to levy lire and to apply the saMe,to. the making and repairifig:IIM,foot- and make a tax of two htlrldrbd ways and sidewalks of said town, and after the Said footways and dollars, for MU ing and rempaaikr-. ewalki have -been. :made and .repaired,, thereafter,.arinually.to tritiratLa.""d. levy and:make'frent.the'inhabitants of said town -so by way of tax as may be necessary to keep and maintain saidfont-ways and- sidewalks in good repair. Taxes, bow le. SEC. 2. And be it further enacted, That the money hereby au-tvoi nde,n tmeda d.e and therized,to be levied and made by way of tax, shall be levied and made and collected in the same manner by the said Commissioners of the ,stild town, for the time being, and their successors in office, as county taxes are now _collected by law by the several collectors of the several Hundreds in the respective counties of this State. Passed at Dover, February 14, 1853. CHAPTER, XLIX AN ACT to vest in Obadiah 3Iacklin, all the right and title of this 05't ate, to certain personal property of which Henry Dono-van, late of Cedar Creek Hundred, in Sussex County, deceased, died possessed. Private act, Awed at Dover, .14,bruarg 14, 18513. STATE OE DELAWARE. 4i, CHAPTER XLVIII. AN ADDITIONAL SUPPLEMENT' to the act entit 'led "An act amend the dat entitled" An cot' directing, the Choosing of and for other purposes.'" Commissioners to regulate And repair- the streets. of 41filford, . Sidi.ioN 1. Be -it' enacted by the Senate and Houle of Rep. re-sentat, ives Of the State of Delaware, in General Assenibly: met, That the, Town qoannissidnors sltall have power, and their duty to direct the toWnassessor in making his-asseSiment of property taxable within the' town liMits, to include therein all dega'owned or kept the said ton-, and the.oWner or keeper of :any dog or dogs so included within said'assessment, Shall be PPIVer71- of corn-liable to -pay a yearly tax. of one dollar fOr one dog anti time ernaluneselocroecr: tobe dollarafor one hitch, and the additional suntel'one dollarfor taxed* each and every dog more than oho, and-the additional stun ,of three dollar's for each and 'every bitch more than .one. An aSsesi-loggsaTombeotal. ment Of: dogs .shall 'be' made during the present'year;,a.nd each and every year thereafter ; the Collector's powers -in 'the' col- Power to cotlect lectien of, taxes on dogs, shall be the same as'those conferred"gt". upon hirh 14, qift act to which this is an additionalsupplement for the-callection of town taxes. S.Ed. 2: And be it enacted, That the f011owing, :words be-ginning' ht the fortieth line; "And the said..QommisSioners- are hereby authorized to .employ Some suitable 'person syhose'duty.it it shall.be to;ring the' bell' at the,hour,of, ten, of .the'clock:P. M.,, on each 'and everynight, for .which a reasciriable compensation shall be allowedand paid Out of the treasury, of said town.; and after so' ringing-said bell," 'be 'repealed,' and .the sanie arC hereby Repeal. made null and void : and add Its amendment to said first sec .- Anmament tion,, immediately before the words, " every negro," in the forty-fourth line of ,said section-, these words, "after the hour of ten o'clock, P. M." Passed at Dover, February 14,185g. 48 - LAWS OF THE CHAPTER L. AN ACT to incorporate Wilmington DIM'S!.On No 1 of the Sons of Temperance at Wilmingfim, Delaware. SticTiox 1. Be it enacted by the Senate. and House of Repro- *entatives of the State of Delaware in General Assembly met: lncnrporntlnn. That John Boys, John McClung, Carrot McGaw, George.Chum-joel V. Greenman, Henry F. Pickels, Andrew Abels, Is-rael S. Lea, r\Villittm M. Horn, Edward Singles, George Kates and James P. Hayes, and such other persons as now are, or here-afterimay become members of Wilmington Division No. 1, of. the Sons of Temperance, now instituted and located at Wilmington, New Castle county, Delaware, shall be by virtue of this act one body politic and corporate in fact and law, and shall have contin-uance and succession for twenty years, by the name, style and Name, title of i'lVilmingtom Division No. 1, of%the Sons of Temperance." SEC. 2. The said corporation and their successors during the Corporate term of :their corporate existenegeshall be able and capable in law, to purchase, receive and hold, any lands, tenements, heredi-taments, rents, leases, stocks, goods, chattels, bonds, notes, mort-gages, or money, or any property whatsoever which may be de-vised, given or conveyed to them; and also to grant, let, sell bestow, convey, assign or transfer the same, and to dà all other matters relating thereto by the name and title aforesaid ; and shall have a common seal, with power to break, alter and renew the same as to them may seem fit ; may sue and be sued, plead and be impleaded in any court of law or equity in this State, in all manner of suits, complaints, causes and matters whatsoever, and of what nature and kind soever. SEC. 3. And be it further enacted, That the members of this Officer, . corporation shall have power to appoint or elect such officers as they may deem necessary and proper to conduct its affairs con-formably to this act and to its by-laws, and from time to time to by-46,14. make and establish such by-laws, rules and regulations not repug-nant to the constitution and laws of this State or of the United States as may be deemed necessary and proper for the good gov-ernment of said corporation. Sm. 4. And be it fitrther enacted, That it shall not be lawful Property 110111. fir the said corporation, and it shall not have power to have, pos-sess or in any manner hold goods, chattels, rights, or credits, lands, or tenements, or property of any kind, the clear, yearly income of winch t;hall exceed twenty-five hundred dollars. Sm. 5. And be it ,farther enacted, That this act shall be deem-ituv °cat v,n ed and taken to be a public act., and the power to revoke this act at any time is hereby reserved to the Legislature. POSSed Of DITOr, Febrililly 14, 1853. STATE OF DELAWARE. CHAPTER LI. A SUPPLEMENT to an act 'entitled "An act for the better regulation of the streets of _Delaware City, and for other pur-poses," passed at Dover, March 5,. 1851. SECTION 1. Be it enacted by the Senate and Mime of Bepre-sentatives of the State of Delaware in General Assembly met, That it shall, and may be lawful for the Commissioners of the said Commismionere. town of Delaware City, and they are hereby authorized and em- Powers to curb powered whenever they or a majority of them may deem it proper R,,,11Phavil ;Oidot and expedient, from tinie to time, on the application' of any ten war.. resident freeholders of said town, to issue their precept and re- Precept end re-quisition to any person of. peusons owning town lots in said town, qu'st"°.. or in case such owner or owners, on account of absence or other-wise, cannot be served with such precept and requisition, then to the agent or attorney of said owner or owners, requiring him, her or them, as the case may be, to cause the sidewalks and foot-whys extending along and adjoining to any such town lot, or town lots, to be paved to the width of four feet, with brick or stone, or otherwise improved as may be designated in said appli-cation, and to fix plank or curbstone. to prevent the same from being injured by carriages, &c., agreeably to the true regulations and surveys of streets, lanes and alleys within the limits of said town ; and in ease any such owner or owners, their agent or at-torney as aforesaid, shall omit or refuse, within one month after being served with a copy of such precept and requisition, to cause it ownerrefutee, the work to be done as therein required, it shall be the duty of the said Commissioners to cause the same to he dem) as soon as conve- work to be done. nient thereafter, and for that purpose to purchase material and and procure, and pay workmen, and to do whatever else may be necessary and proper to carry on and complete the said work, and if any such owner or owners, thoir agent or attorney as aforesaid, shall omit within ten days after the completion of the same to pay the said Commissioners their -just and reasonable costs and ex-penses in and about the said work, it shall be competent for the said Commissioners, and they are hereby authorized and empow-ered, to 'collect the amount of suclt costs and expenses from said owner, owners, agent or attorney in the same manner that taxes are now by law recoverable, and further that any property ne,ty or lots, for which an owner or, owners cannot be found, the ex- icnofilgpoonfacaosta penses of paving and curbing shall be considered a just and lawful Itibon owner claim against such property, and the Commissioners shall upon cc%),ost sbneyfLum".0 giving ten days notice of their intentions, and posting the same it,h4nplernopoory Qty. in at least four of the most public places in the town, proceed to I: 1, 11 gno lease such property or lots for the shortest period or time that ar will cover the said expenses Of paving and curbing. SEC. 2. And be it farther enacted, That the fund to be raised by way of tax shall not exceed in any one year, the sum of two 7 50 LAWS OF 'THE Thx tInt to ex. hundred and fifty dollars, to be assessed upon the persons residing coed NW. and the real value of property and real estate located and being in said town. Ancents and do- SEC. 3. And be it further enacted, That the ascents and de-hcants of streets, knee, and alleys; scents of all the streets, lanes and alleys of the paid tow,n7ith to bo fixed by their grading and the gradingof all the footways, shall be, . Commissioners. r. .egu-lated, fixed and done by the said Commissioners, at the expense . f of the Corporation. ;,, 4: SEO: 4. And be it further enacted, That the Commissioner of the said town being first severally sworn or affirmed to the
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|PASSED AT A' , COMMENCED ' AND HELD AT DOVER, ,* 9131T4 PAt. OF JANUARY, . jIN TEE nett Cii.: 43UR. LOAD THE SEVENTY- SEVENTH. AND:- 6V,, t7ITE INnEISNDENOE OF THE UNITE)) STATES
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