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LAWS OF DELAWARE.

CONSTITUTIONAL AMENDMENTS.

AMENDMENT TO THE CONSTITUTION PROPOSED.

Be it ena^ed.by the Senate and House of Representatives of the Slate of Delaware in General Assembly met, {two-thirds of each house deeming it necessary and concurring herein, and by and with the approbation of the Governor) :

Section i. That the foUowing amendment be and the AmtniDitnt same is hereby proposed to the Seventeenth Seftion of Articlell'on of a^ 11 of the Constitution of this State, as altered by an amend- conHimiiOT ment proposed in and by an a6l passed April 3d, 1873, andp'"?™^ ratified by an afl passed January zStJi, 1875, viz:

Strike out of said Se6lion 17, as altered and amended aschapi"j5=, aforesaid, the words following: "The Legislature shall havech!."[««i'' power to ena6l a general incorporation aft to provide incor- ^'>'''"" '^■ poration for religious, charitable, literary and manufacturing purposes, and for the preservation of animal and vegetable food, building and loan associations, and for draining low lands ; and no attempt shall be made in such aft or otherwise to limit or qualify the power of revocation reserved to the Legislature in this seftion."

And insert in lieu thereof the words following:

"The General Assembly shall also have power, by con- ''""i^i™ current vote of two-thirds of each branch thereof, to enaftiico^S^ general laws providing for the creation of municipal or"™

LAWS OF DELAWARE.

CONSTITUTIONAL AMENDMENTS,

private corporations, excepting railroad and canal companies; Provided that the power of revocation in this se6lion reserved shall apply to corporations created under general laws in the same manner and to the same extent as to those created by special a£ts of the General Assembly; And proinded, also, that this amendment shall not affect any general incorpora- tion a£ls heretofore enacted, nor any corporation created thereunder."

of Section 2. That the Secretary of State be and he is hereby directed, after the Governor shall have approved of

, the above proposed amendment and this aft, duly to publish

In iwo or tjie above proposed amendment and this a6t in' two or more («p=" newspapers in this State, for the consideration of the people, at least three and not more than six months before the next general election of representatives in this State. Passed al Dover ^ Marck 28, 1883.

CHAPTER 2.

AMENDMENTS TO THE CONSTITUTION

AN ACT proposing Amendmenls to the Constitution (or the purpose of Increasing the Number of Senators and Representatives in the Gen- eral Assembly.

Be it ena^ed by the Senate and House of Representatives of the State of Delaware in General Assembly met ; {two- thirds of each house deeming it necessary and concurring, and by and with the approbation of the Governor) :

TWidStc

Section i. That the following amendments be and the ^jsame are hereby proposed to the Second and Third Sections ?io'i^^nd-<^f the Second Article of the Constitution of this State:

First, Strike out the third clause of the said Second Sec- tion reading thus; "There shall be seven Representatives chosen in each county, until a greater number of Represent- atives shall by the General Assembly be judged necessary;

LAWS OF DELAWARE. 5

CONSTITUTIONAL AMENDMENTS.

and then, two-thirds of each branch of the Legislature con- curring, they may by law make provision for increasing their number," and in lieu thereof substitute and adopt the follow- ing, viz: "The House of Representatives shall consist ofReprotnu- twenty-five members, eleven of whom shall be chosen from N[^"b« in- New Castle County, seven from Kent County and seven from '™*^' Sussex County. Provided, that, of the eleven Representa- p™"!"; . tives from New Castle County, four shall be chosen by the lo'Stw'cm- citizens residing in the City of Wilmington, and seven by the "■ '-"™°i' citizens residing in the residue of said county. At each bi-Praidiog ennial session of the House of Representatives, the person °"'"'' who was Speaker of the House of Representatives at the time of its next preceding adjournment sine die shall preside, or, if absent or disqualified, the person who was Speaker pro tempore at the time of said adjouniment, and give a castmg vote if the Representatives be equally divided, until itsxie. Speaker and other officers shall be duly chosen and qualified."

Second, Strike out the third clause of the said Third Sec- tion reading thus: "There shall be three Senators chosen in each county. When a greater number of Senators shall by the General Assembly be judged necessary, two-thirds of each branch concurring, they may by law make provision for in- creasing their number; but the number of Senators shall never be greater than one-half, nor less than one-third of the number of Representatives," and in lieu thereof substitute and adopt the following, viz: "There shall be four Senators sni«or». chosen from each county. Provided, that of the four Senators Jt^S^ '"" from New Castle County, two shall be chosen by the citizens PrD>iw, residing in the City of Wilmington and two by the citizensl^^'fit*^. residing in the residue of said county. At each biennial ''' Conmy. session of the Senate the person who was Speaker of the pr«iding Senate at the time of its next preceding adjournment sine"'^™- die shall preside, or, if absent or disqualified, the person who was Speaker pro tempore at the time of said a<youmment, and gi\'e a casting vote if the Senators be equally divided, Tie until its Speaker and other officers shall be duly chosen and qualified."

Section 2, That the offices of such as may be Senators Adopiign of and Representatives at the time of the ratification of the^nCI?' foregoing amendments to the Constitution, shall not be vaca- ted by any of the provisions of said amendments, nor other- wise a ffe6led. The first election for Representatives under tibk of the Constitution as amended by said pro\'isions, shall be held ''''"^'■°" at the general ele6lion, on the Tuesday next after the first

at least three and not more than six months before the next general eleftion of Senators and Representatives in this State. Passed at Dover ^ March 30, 1883.

LAWS OF DELAWARE.

CONSTITUTIONAL AMENDMENTS.

CHAPTER 3.

AMENDMENT TO THE CONSTITUTION

Be it ena^ed by the Senate and House of Representatives of the State of Delaware in General Assembly met, {two- thirds of each house deeming it necessary and concurring herein, and by and with the approbation of the Governor) :

Section i. That the following amendments be and theAuwod. same are hereby proposed to Article VI of the Constitution !id"eS 5^ of this State, to wit : coMUmi™

Strike out Section 2 of said article and insert the following s«iion>d in lieu thereof : ■'"""^•'■

"There shall be five judges in the State, who shall be Number of appointed for twelve years and may be re-appointed for any ^^.' number of like terms. One of them shall be Chancellor and another Chief Justice, who may respe6lively be appointed from and reside in any part of the State. The other judges shall be Associate Judges, who may be taken from any part of the State, but after appointment each shall reside, during his term, in the county for which he is appointed. The persons in office at the time of the ratification hereof shall hold their several offices without re -appointment for the term of twelve years thereafter, and the A.ssociate Judge then residing in any county shall be the resident judge of that county within the meaning of this amendment.

"The General Assembly shall liave power, with the concur- Municipal rence of two-thirds of all the members of both houses, tooiy"of"wii. establish a court of law and of record in the City of Wilming- "■i'-K"'"' ton, and to confer such jurisdiftion, civil and criminal, as it jumdiciion may deem proper, except of felonious homicide and other capital felonies; and in case of the establishment of such court, a judge therefor shall be appointed by the Governor JtiSae-p- for the like term as the judges herein mentioned, to reside, Kv^r'' during his term, in the said city, and with such compensation Jo^m.- as may be provided by law; and the General Assembly may '''""■ provide for the appointment of such officers as may be needful Appoint- for such court, and for the regulation of process issuing there- S^fy'tS"' from, and for granting writs of error from the Court of Errors""-

sraiter conviction ana sentence, snaii nave me ngni lo a writ of error, to be issued out of the Court of Errors and Appeals, as in other cases, but such writ shall be made returnable to the next session of said court to be held after such sentence and shall have priority in said court over all causes of a civil nature and shall be heard and detennined at said session, unless the said court, for cause shown, shall deem that sub- stantial justice requires its continuance. In case any judge

LAWS OF DELAWARE. 9

CONSTITUTIONAL AMENDMENTS.

wliose duty it shall be to hold the said Superior Court, Court of General Sessions of the Peace and Jail Delivery or Court of Oyer and Terminer, shall be unable or disqualified through interest or otherwise to sit at any term or in any cause, the whoi chfcf Chief Justice shall sit in his stead. In the absence of the^i^'""'^ judge, the clerk of either of the Courts of Chancery, Superior when ci«rk Court, Court of Oyer and Terminer, Court of General Sessions M/^m of the Peace and Jail Delivery, and Orphans' Court, may, *-™"'' upon his order, open and adjourn the same."

Amend Seftion 7 of said article by striking out the first SMionj paragraph to the word "absence," inclusive, and inserting™' the following in lieu thereof, to wit:

"The Court of Errors and Appeals shall have jurisdiftioncminrfEi. to issue writs of error to the Superior Court, Court of Oyer J^'" "^ and Terminer, and Court of General Sessions of the Peace and Jail Delivery in all cases where such writ is given by this Constitution or prescribed by the General Assembly, and to determine finally all matters in error in the judgments and proceedings of said courts, and to receive appeals from the Court of Chancery, and to determine finally all matters of appeal in the interlocutory or final decrees and proceedings in chancery. The Court of Errors and Appeals upon a writ who lom- of error shall consist of the Chancellor, the Chief Justice and*™''"'' the Associate Judges who did not sit in the court below. If the resident judge who ought to have tried the cause below did not there sit, he shall sit in tlie said cause in the Court of Errors and Appeals, unless there be legal exception to hiiii. If the Chief Justice sat in the cause below, he shall not sit in such cause in the Court of Errors and Appeals, Upon a writ of error the Chancellor shall preside, but in case of his ab- sence or disqualiiication the Chief Justice shall preside, or should he be absent or disqualified, the senior associate present shall preside. Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and the Associate Judges. The Chief Justice shall preside, but in case he be absent or disqualified the senior associate present shall preside. Any three of them shall be a quorum, either upon a writ of error or appeal."

Amend Seftion 7 of said article further by striking out the Amend Sec- word "four" first occurring in paragraph two, and mserting ''"" ' in lieu thereof the following, to wit;

lO

LAWS OF DEIAWARE.

CONSTITUTIONAL AMENDMENTS.

Report of Decisions.

Amend Se6lion 7 of said article further by striking out the last paragraph beginning with '*Upon appeal'' and ending with *' quorum," and inserting in lieu thereof the following words, to wit:

'*The General Assembly shall provide bylaw for reporting the decisions of the said Court ot Errors and Appeals, Court of Chancery, Superior Court, Court of Oyer and Terminer, and Court of General Sessions of the Peace and Jail De- livery.'' -

Amend Se6lion 8 of said article by striking out these words, to wit:

*' Sitting in the Superior Court without the associate judges."

Amend said Se6lion by inserting after the word ''inter- ested" the following words:

"as having been of counsel in the case or otherwise."

Section 10 Amend said article further by striking out Seftion 10 amended, thcrcof aud iuscrtiug the following in lieu thereof:

Section 8 amended.

Orphans' Court.

' ' The Orphans' Court in each county shall be held by the

Associate Judge residing in the county, but in case such judge

shall be unable or disqualified, through interest or otherwise.

When Chief to sit at auy time or in any matter, the Chief Justice shall sit

Justice may ^^ j^jg stcad. lu all mattcrs involving a right to real estate

or to the appraised or other value thereof, and also as to such

other matters as the General Assembly may provide, there

Appeal to shall bc au appeal to the Court of Errors and Appeals. Upon

&^^«ar'such appeal the said Court of Errors and Appeals shall be

Appeals, composed m the same manner as upon a wnt of error. The

Jurisdiction. Orphans' Court shall have all the jurisdidlion and powers

vested by the law of this State in the Orphans' Court."

Section 14 amended.

Amend Seftion 14 of said article by striking out the first period thereof to the word **each" inclusive, and inserting the following in lieu thereof, to wit:

compensa- **The Chauccllor and judges shall respe6lively receive for lion. their ser\dces an annual compensation which shall be paid

quarterly, and shall not be less than twenty-five hundred dol- Gcnerai As- lars, but thc Gcucral Assembly may increase the compensa- ?nS«se."*^ tion of all, or any of them, and may regulate and apportion

any such increase according to justice."

LAWS OF DELAWARE. I I

CONSTITUTIONAL AMENDMENTS.

Amend Seftion 21 of said article by inserting in the second staion a 1 paragraph thereof after the word "by," first occurring therein, ""° the following, to wit:

"such executor, administrator, guardian or other."

Amend said Seftion 21, in the same paragraph, by striking s«iionjj [ontl the words "Oiphans' Court for the County," and insert-*"" ing in lieu thereof the following words, to wit:

" in the Court of Chancer>' for the county, in term or be- Coun of fore the Chancellor at chambers ;" iilSurnKd.

Amend said Section 21 by adding thereto the following words, to wit:

"Such adjustment and settlement shall be final."

Amend Seftion 22 of said article by striking out the words, "Stiperior Court," wherever they occur therein, and insert- ing in lieu thereof, respectively, the following words, to wit:

"Court of Chancery."

Amend said Section further by adding thereto the following words, to wit:

"Such appeal, in either case, may be heard and decided ciSSbv by the Chancellor sitting in term or at Chambers. The Reg- ^i^t^'V, ister shall have powei* to onier issues of faft to be tried by a BeglJSir jury in the Superior Court, as may be prescribed by law." ^r t'^'-„

Amend said Section further by striking out the words coSn, "Orphans' Court," and inserting these words: akocuie

"Associate judge residing in the county." u^fni™

Section 2. That the Secretaty of State of this State be """" * and he is hereby diredled, after the Governor shall have ap- stmury of proved of the above proposed amendments, duly to publish ^IJ'Jht'"'" the above proposed amendments, and this aft, in twb or more JIJ^JJ^^, newspapers 01 this State, for the consideration of the people, imwoor at least three and not more than six months before the nextrnMir,*"' general ele6lion of Senators and Representatives in this State.

Passed at Dover, April 19, 1883.

(ikIWhhi Division

Be it enaSled by the Senate and House of Representatives of the Stale of Delaware in General Assembly met :

(.•hriJiiiaiH Section i. That for the purpose of holding ele6Uons for ^t^n state and countj- officers, in Christiana Hundred Northern D^riadi- Eleftion District, the said northern ele6lion distri6l shall be Tidedinio divided into two ele6Hon districts, northern and western. Kmcu'"" The Christiana Hundred Western Eleaion Distrift shall be composed of all that portion of said hundred lying north and "west of a line be^nning at a road on the Brandywine at Rockland paper mills and running thence in a westerly direc- tion by the course of said road to a point where said road interse6ls the public road leading from Flemings to Centre Meeting and south of DnPont's Station on Wilmington and Western Railroad, thence by said Fleming road to a point where the road leading to Campbell's shops intersedls said Fleming road and north of said Wilmington and Northern Railroad, thence by said road leading to Campbell's shops, and by said road crossing the Kennet turnpike and continuing by the several courses of said road to the mill fonnerly known as Fulton's mill ; thence by the stream running from said mill, by its several courses and windings, to where it empties into Red Clay Creek.

Section 2. The eleftions for the said Western Eleftion * Distri6l shall be held at the public house belonging to George

IJ^WS OF DELAWARE. 1 3

OF SOVEREIGNTY. JURISDICTION AND LIMITS.

Lancaster, in Centreville, and the ele6tions for the North Christiana Ele6tion District shall be held at the usual place as heretofore.

Section 3. At the said places shall be held the general ataon u> elections, all special elections for the members of the General "" """^ Assembly and Representative in Congress, elections for Eleftors of President and Vice President of the United States, and eleftions for Road Commissioners, for Assessors of said hundred, and for Inspeftors of said election distrifls. The electors residing in said hundred shall vote in the eleflion district in which they shall at the time reside.

Section 4. AH the laws of the State touching e]e£tionsEi«iiod held in the several hundreds of the State shall apply to elec- p"io"iet*^ tions for the same officers of the said election distrifts, Dj^nS."" excepting only so far as the general law for the election of ExctpiioB. assessors and inspectors and road commissioners is qualified by the provisions hereinafter contained.

Section 5. There shall be elefted, in accordance with An™orand the provisions of Chapter 17 of the Revised Statutes, one "■'"'"■ assessor for Christiana hundred and one inspector for each of the said three districts. In such election for assessor and in- ^^^'"i speftor the collector of said hundred shall be the presiding" officer of Christiana North EIe6lion District, and some quali- fied voter of the distrifl, to be appointed by the Levy Court J|^™ »'^ of New Castle county in the month of March next previous (^i^i«f. to the election, shall be the presiding officer for Christiana West Election District, and .shall have all the powers and perform all the duties of the presiding officer of such eleClion according to law. And if at any eleCtion for assessor and inspector in said Christiana West EleClion District a presiding officer shall not have been appointed, or shall not be present at the time and place of opening the eleCtion, the eleClors present shall choose a presiding officer for .said eleCtion, ac- cording to the provisions of Section 10 of Chapter 18 of the Revised Statutes. The Le\'y Court of New Castle county Livj. court shall, at the time of the appointment, make provision forlJ'JXoI'™, the furnishing by the Clerk of the Peace of a list of the voters of the said eleCtion district to the person appointed as presid- ing officer as aforesaid.

Section 6. Immediately upon closing the eleCtion forcinifiai™ assessor and inspector in the said eleCtion districts, and ascer-"' ''"'""'■ taining the state of the vote, the presiding officer and judges

H

LAWS OF DELAWARE.

Presiding of- ficers to as- semble. When and where.

OF SOVEREIGNTY, JURISDICTION AND LIMITS.

of the ele6lion in each of the said distri6ls shall make and sign certificates according to law of the ele6tion of inspe6lors, varying from the form prescribed for that purpose by omitting the assessor, and in lieu of including the ele6lion of assessor in such certificate they shall make and sign a certificate of the number of votes given for each candidate voted for as assessor, and also of the number of votes given for each can- didate voted for road commissioner.

Section 7. The said presiding oflScer and judges of all the said ele6tion distri6ls shall assemble on the day next suc- ceeding said ele6lion, at 12 o'clock M., at the voting place in Christiana North Ele6lion Distri6l aforesaid, and ascertain the aggregate number of votes given in each of the said eleftion distriSs for each person voted for for road commissioner and for assessor. The candidate having the highest number of votes shall be declared duly ele6led assessor, and the candi- date or candidates, according as there may be one or more to be elefted, having the highest number of votes for road com- missioner or commissioners, shall be declared duly elefted road commissioner or road commissioners; and the presiding oflScers and judges shall make, sign and deliver certificates of said eleftion according to law. If two candidates for said office shall have the highest and equal number of votes, the colle6lor or presiding officer of said Christiana North Elec- tion Distri6l shall give a casting vote, which shall eleft the candidate in whose favor it is given.

Passed at Dover ^ February 13, 1883.

LAWS OF DELAWARE.

OF SOVEREIGNTY, JURISDICTION AND LIMITS,

CHAPTER 5.

OF SOVEREIGNTY, JURISDICTION AND LIMITS.

Be it enabled by the Senate and House of Representatives of the State Delaware in General Assembly met:

Section i. That Chapter 385, Volume 13, Seftion five, chapwr jsj, be and the same is hereby amended by striking out the word i'"^/'' "collector" in the sixteenth line of said section and insert- ing in lieu thereof the words "Clerk of the Peace."

Passed at Dover ^ February 13, 1883.

OF THE STATE HOUSE, LIBRARY AND PUBLIC OFFICES. AN ACT to esublish the Sute Library.

Be it enaSled by the Senate and House of Representatives

of the State of Delaware in General Assembly met:

Section i. The State I^ibrary shall consist of the books, codu°i> oC pamphlets, maps, charts and documents of every kind now^" '^*"'' belonging to the same, together with such others as it may hereafter acquire by gift, purchase, exchange or otherwise.

Section 2. The Governor shall, on the first Tuesday of Appoim- April in the year A- D. 1883, and every two years thereafter, g^™'^ appoint a State Librarian, who shall hold his office for the f^ll' ^"'"' term of two years, beginning on the ninth day of April next Term, following his appointment, and until his successor is duly appointed and qualified. Before entering upon his duties the Librarian shall take the oath of office and give a bond to the Somi in- state in' the sum of two thousand dollars, with two sureties ^i^io?!

LAWS OF DELAWARE.

OF THE STATE HOUSE. LIBRARY AND PUBLIC OFFICES.

iiioD. to be approved by the Governor, conditioned for the faithful perfomiance of his official duties, the safe keeping and deliv- ery to his successor of all property belonging to the Library; such oath and bond to be filed in the office of the Secretary of State.

Section 3. The Librarian shall have general charge of »• the State House, and shall see that the same is properly cared for. He shall, by and with the consent of the judges of the Court of Errors and Appeals, make such rules and regula- tions governing the Library and its use as may to them seem 1 10 be proper. He shall keep a complete record of all the books ^ taken from the Library, and require the return of th* same unieu within thirty days, unless renewed by a written application; but in no case shall there be more than one renewal.

In case any person taking books from the Library should fail to return the same within thirty days or renew as above pro- vided, then, and in that event, he shall be fined by the Libra- '■ rian the sum of ten cents per book for each and every week such book or books are so unlawfully retained. The said fine to be collected by the Librarian as such debts are by law coiiaei-now colle6led, and the proceeds arising from such colleftion :d."-' to be expended by him in purchasing stationery for the Li- brary.

-diob. Section 4. The Librarian shall also keep a complete .,eic. record of all books, pamphlets, &c., received by him for the

State Library, properly label, and acknowledge the receipt of

the same.

* Section 5. Immediately upon the publication of the laws

by the Secretary' of State, he shall deposit in the Librarj' » « 10 fifty copies, and the Librarian shall send a copy of the same "lof to the library of each State and Territory in the Union, one ItidiclLI to the Congressional Library, one to Delaware College, one ■»■ to the Historical Society of the State of Delaware, and one to the New Castle County Law Library. The Secretary of State shall also, upon the receipt of the Judicial Reports, and the Chancery Reports, place in the Library', in addition to the number now required by law to be placed therein, a num- ber of copies thereof equal to the number of States and Ter- ritories of the United States, and the Congressional Library', Delaware College, the Historical Society of the State of Del- aware, and the New Castle County Law Librarj', and the Librarian shall thereupon transmit one copy thereof to the

LAWS OF DELAWARE. OF THE STATE HOUSE, LIBRARY AND PUBLIC OFFICES.

drawn by the Librarian's draft on the State Treasurer, en- dorsed with the approval of the said judg;es, or a majority of

them.

Section ii. That all a6ts or parts of a€is inconsistent with the provisions of this a6l, are hereby repealed. Passed at Dover ^ March 30, 1883.

CHAPTER 7.

OF THE PASSING AND PUBLICATION OF LAWS AND OF JOURNALS, AN ACT to revive and extend the time of RecordinE Private Acts.

Whereas by Chapter 4, Seftion 3, of the Revised Statutes of the State of Delaware, it is provided that private statutes (namely, such as are not of a public nature, or published as such) shall be recorded in the Recorder's Office, in one of the counties of this State, within twelve months after their passage, or they shall be void ;

And Whereas a number of the private and unpublished afts heretofore passed have been allowed to become void through ignorance of the aforesaid ena6lment, therefore, for the purpose of relieving the parties interested of the embar- rassments and disain)ointments arising from such negleft in the premises ; therefore.

Be it cnafled by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two- thirds of each branch concurring therein):

Section i. That all unpublished afts heretofore passed which have not, by special a£ts, been repealed, and that have become void on account of not being duly recorded in com-

{)liance with the provisions aforesaid, be and the same are lereby severally renewed and re-ena£led, and together with I"! the provisions therein contained are respefilively declared to be in full force, and all afts and transactions done and per- formed under the provisions of said a£ts respectively, shall

LAWS OF DELAWARE. I

OF THE PASSAGE AND PUBLICATION OF LAWS AND OF JOURNALS.

have the same force and efie^ and be as valid to all intents and purposes as if the said afls had been severally recorded accoming to law. Provided^ that this enactment shall notpmiM. take effecl in the case of any aft that has become void as aforesaid until a certified copy thereof, procured of the Sec-C>«ifi^^ retary of State, shall be duly record&i in the Recorder's«i. Office of one of the counties of this State ; and provided /itrtker, that no such copy of a voided aft shall be received for record after the expiration of one year from the passage of this a6l.

Section 2. This aft shall be deemed and taken to be a public aft, and published as snch. Passed at Dover, March i, 1883.

LAWS CIK DEI.AWAKE.

TITLE SECOND.

Of the Public Revenue, and the Assessment, Collection and Appropriation of Taxes.

OF THE REVENUE OF THE STATE

Section i. Be il enaSled by the Senate and House of Representatives of the State of Delaware in General Assembly met : That Se^lion 13 of the aft entitled ' 'An aft providing Revenue for this State," passed at Dover, April 8th, 1869, Volume 13, Chapter 390, (Revised Code, page 39,) be and'the

ofsame is hereby amended by striking out the words: "Three per centum of every hundred dollars he may hold for distri- bution among the distributees or legatees, and at that rate for every less sum," and insert in lieu thereof the following

n. words: "Out of" the moneys belonging to such legatees or distributees respeflively the tax to which they shall be sev- erally subjeft."

f^sed at Dover ^ February zj, 1883.

LAWS OF DEIAWAKE. ,

OF THE REVENUE OF THE STATE.

CHAPTER 9.

OF THE REVENUE OF THE STATE.

A fimheT additional Supplement to the act entitled "An act in Relation to Oy»ter«."

Be it enafled by the Senate and House of Representatives of the State of Delaware in General Assembly met, as fol- lows :

Section 1. That from and after the passage of this aft^^J^tj it shall not be lawful to use or employ any boat or vessel in^^f^'" dredging for oysters on any of the natural oyster beds of thisojS?™5n-°' State unless the said boat or vessel, or at least one-half part J^n E^ thereof, be bona fide owned by bona fide residents of thisj^™^*^^ State and wholly manned by bona fide residents of this State, ih" suk. nor without first procuring from the Colle6lor a certificate, asCou«ioiii hereinafter provided. ^iiS"

Section 2. In order to obtain such certificate from the Colleftor, the owner, or one of the owners (if more than one) '^^""n'f" of any such vessel, shall file with the CoUeftor a written ap- Sbuin «" plication, stating the name of the vessel, the name of the cS^no. owner or owners (if more than one,) and the place or places of residence of such owner or owners, and the shares in which such owners own the same, and shall verify such statement by his oath or aifirmation, which the said Colle6tor is hereby authorized to administer. The owner so applying shall file at the same time the written statement of the master of such vessel, showing the names and places of residence of the crew of the same, which shall be verified by the oath orSuitmMt affirmation of such master, and which the said Collector islffida-ii. hereby authorized to administer. If it appears by such ap- plication or statement that at least one-half part of the said vessel is bona fide owned by a resident or residents of this State, and is wholly manned by a crew all of whom are bona coiwior » fide residents of this State, the said CoUeftor shall issue and Sj^ ,0"" deliver to the captain of such boat or vessel a certificate of^JJ^j""' the following words, viz :

This is to certify that the owner of the vessel called c™«nu.

having fully complied with the provisions of law in that behalf; the said vessel is allowed and permitted to be used and employed in dredging on any of the natural oyster beds

l8 LAWS OF DELAWARE.

OF THE STATE HOUSE, LIBRARY AND PUBLIC OFFICES.

drawn by the Librarian's draft on the State Treasurer, en- dorsed with the approval of the said judges, or a majority of them.

Section ii. That all a6ls or ^rts of a6ls inconsistent with the provisions of this a£l, are hereby repealed. Passed al Dover^ March 30, 1883.

CHAPTER 7.

OF THE PASSING AND PUBLICATION OF LAWS AND OF JOURNALS, AN ACT to revive and extend the time of Recording Private Acts.

=. Whereas by Chapter 4, Seftion 3, of the Revised Statutes of the State of Delaware, it is provided that private statutes (namely, such as are not of a public nature, or published as such) shall be recorded in the Recorder's Office, in one of the counties of this State, within twelve months after their passage, or they shall be void ;

And Whereas a number of the private and unpublished a£ls heretofore passed have been allowed to become void through ignorance of the aforesaid enactment, therefore, for the purpose of relieving the parties interested of the embar- rassments and disappomtments arising from such negleft in the premises ; therefore,

Be it enabled by the Senate and House of Representatives 0/ the State of Delaware in General Assembly tnet^ {two- thirds of each branch concurring therein):

Section i. That all unpublished a6ls heretofore passed which have not, by special a6ls, been repealed, and that have become void on account of not being duly recorded in com- pliance with tlie provisions aforesaid, be and the same are r «. hereby severally renewed and re-enafted, and together with .«' the provisions therein contained are respectively declared to be in full force, and all afte and transactions done and per- formed under the provisions of said afts respeftively, shall

^\VS OF DELAWARE. 1 9

»F THE PASSAGE AND PUBLICATION OF LAWS AND OF JOURNALS.

ave tlie same force and effefl and be as valid to all intents nd purposes as if the said a6ls had been severally recorded .ccording- to law. Provided^ that this ena6hnent shall not proviso. ake eflFe6l in the case of any a£l that has become void as iforesaid until a certified copy thereof, procured of the Sec- S''**^^, retary of State, shall be duly recorded in the Recorder's ed/ Office of one of the counties of this State ; and provided further^ that no such copy of a voided a6l shall be received for record after the expiration of one year from the passage of this a6l.

Section 2. This aft shall be deemed and taken to be a public a6l, and published as such.

Passed at Dover ^ March i, 1883.

of its members, provide for such emergency by temporary loan or loans until after the next ensuing session of the Gen- eral Assembly. ' Section 4. In case of any violation of Section 3 of this a£l, the members of the Levy Court voting in favor of such violation shall be personally liable for any debt or debts so incurred.

Passed at Dover, March 28, 1883.

' " "■ therefor deeds conveying to the purchasers the same free and clear of liens and discharged from the responsibility of the non -application or mis-application of the money therefor ; the net proceeds of such sale or sales, after deducting reason- able expenses, shall by said trustees be applied towards payment of the money borrowed or authorized by tliis a6l to be borrowed, or the purchase or payment of the bonds issued

'"• therefor ; provided that if all or any of the said real estate be sold before the' bonds herein authorized be all issued, the proceed of such sales shall be applied direftly towards the completion and construction of the said new buildings, and the amount of bonds to be issued shall be reduced to that

" pre- extent ; and provided further that said real estate shall be all sold and conveyed as herein stated within five years from the passage of this aft. The said real estate, while held by the

pi trustees as aforesaid, shall be exempt from all taxation. In

""' case either or any of the persons so named as trustees shall die before or after such conveyance to them by the Trustees of the Poor, or shall refuse to accept said trust, it shall be the duty of the Chancellor, upon the application of the Levy

v"cM. Court and of the Trustees of the Poor, or either of them, to appoint some other suitable person or persons in lieu of him or them so dying or refusing to accept said trust

CHAPTER 22.

OF AS-SF.SSORx.

Be it enaHed by the Senate and House of Representatives of the State of Delaware in General Assembh met :

Section i. That Section 7, Chapter 10, Revised Statutes Section J of of the State of Delaware, be and the same is hereby amended KttiUrf"'' by inserting after the word "alphabetically," in the fourtli aiS^'did. liii^ of said 7th Seftion, the words "at least three consecutive letters of the last name thereof ;' ' proi-ided that this a6t shall Pn>v>H. not go into effect until the next general assessment \vliicli shall be made in accordance therewith.

Passed at Dover, March 27, 1883.

officers appointed over me according to the laws of tlie State of Delaware.

[seat.]

Swoni and snbscribed t>efore ine tliis dav of ,

place, or shall be in possession of any person without author- ity, and deposit the same in the arsenal.

Section 3. If suit be brought against any such officer for such seizure, the burden of the proof shall lie on the plaintiff. If judgment be rendered against the officer, he shall not pay any costs, but they shall be borne by the county, and paid as other allowances.

Section 4. It shall be the duty of the sheriff of each county, at least once a year, to inspect, and, if necessary, cause to be cleaned the anns and accoutrements of his county, for which service he shall receive a reasonable compensation, to be allowed by the Levy Court, If he negleft to perform this duty, he shall, for every offenV, forfeit and pay ten dollars.

„. Section 5. If any person shall sell, buy, or give away, or have in possession without authority, any of the public anns or accoutrements, he shall be deemed guilty of a mis- demeanor, and shall be fined not less than twenty, nor more than forty dollars.

Section ii. A troop of cavalrj' or dragoons shall consist of one captain, two lieutenants, one comet, four sergeants, three corporals, one tnmipeter, one farrier, one saddler, and fifty-four privates. A squadron shall consist of one major, and at least two troops of ca\-alry, or dragoons, and not more than four, and shall be fonned whenever there shall be two troops of cavalry or dragoons in any brigade, A sqnadron shall also be entitled to one adjutant and one quartermaster. When the artillery in any brigade shall form two or more companies, they shall compose a battallion, and shall be entitled to a major, adjutant and quartermaster. There shall be annually appropriated by the State the sum of twelve ' hundred dollars, for the support of the organized militia of the State, to be expended under the supervision and direflion of the Adjutant General, whose duty it shall be, before drawing any warrant upon the State Treasurer, to submit the item or items of expenditure to the Governor for his approval, and upon the approval of the same, by the Governor, it shall be the duty of the State Treasurer to pay any such warrants presented to him out of any moneys in his hands. Provided that the amount hereby appropriated shall be divided equally

" Section i6. Any commissioned officer who shall be guilty of disorderly, disobedient, or any uninilitary conduft, at any time when on duty, shall be put under arrest by the com- manding officer, and tried by a court martial, and fined in any sum not exceeding fifty dollars, or he may be cashiered ; if a non-commissioned officer, or private, shall be so guilty, he may be disarmed and put under guard, and fined at the discretion of the court martial, not less than two nor more than ten dollars ; and for the purposes of this seftion, officers and soldiers of tlie militia shall be considered on duty when- ever in the headquarters or armories of their regiment or companies.

Section 17. All fines imposed by a court martial, as well as by the by-laws of any volunteer company or troop, may be sued for and recovered before any justice of the peace, in the name and for the use of the said company or troop, if the amount be within his jurisdiction, or in the case of a field or staff officer, in the name of the brigadier general