Laws of the State of Delaware - Volume 8 - Page 1 |
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OF TUN
STATE OF DELAWAR, E,
FROM THE SIXTEENTH DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED AND
THIRTY, TO THE THIRTEENTH DAY OF FEBRUARY, ONE THOU-SAND
EIGHT HUNDRED AND THIRTY- FIVE.
TO WHICH IS PREFIXED
THE AMENDED CONSTITUTION
OF SAID STATE.
VOLUME VIIL
REPUBLISHED ar AUTHORITY.
DOYER, DELAWARE:
S. Iiimmey, printer.
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 08 |
| Date Original | 1841 |
| Description | Laws of the State of Delaware. From the Sixteenth Day of January, One Thousand Eight Hundred and Thirty, to the Thirteenth Day of February, One Thousand Eight Hundred and Thirty-Five. To Which is Prefixed the Amended Constitution of Said State. Volume VIII. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | S. Kimmey, printer |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | - . . OF TUN STATE OF DELAWAR,E, FROM THE SIXTEENTH DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED AND THIRTY, TO THE THIRTEENTH DAY OF FEBRUARY, ONE THOU-SAND EIGHT HUNDRED AND THIRTY-FIVE. TO WHICH IS PREFIXED THE AMENDED CONSTITUTION OF SAID STATE. VOLUME VIIL REPUBLISHED ar AUTHORITY. DOYER, DELAWARE: S. Iiimmey, printer. - THE AMENDED CONSTITUTION OF '111E STATE OF DELAWARE. WE, the People, hereby ordain and establish this Constitution of Government for the State of Delaware. THROUGH Divine goodness all men have, by nature, the rights,Essential of worshipping and serving their Creator according to the dictates rights. of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of attaining objects suitable to their condition, without injury by one to another: and as these rights are essential to their welfare, for the due exercise thereof power is inherent in them; and there-. fare all just authority in the institutions of political society is de- Political rived from the People, and established with their consent, to ad- power. vance their happiness: And they may, for this end, as circumstances require, from time to time alter their Constitution of Government. ARTICLE I. SECTION 1. Although it is the duty of all men frequently to as- Reserved semble together for the public worship of the Author of the uni- rights. verse, and piety and morality on which the prosperity of communi-ties depends, arc thereby promoted; yet no man shall, or ought to Religious lib. be compelled to attend an religious worship, to contribute to the ertY. erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent: and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with, or in any manner control, the rights of conscience, in the free 'exercise of religious worship: nor shall a preference be given by law to any religious societies, de-nominations, or modes of worship. SEC. 2. No religious test shall be required as a qualification to any office, or public trust, under this State. SEC. 3. All elections shall be free and equal. SEC. 4. Trial by Jury shall be as hefetofore. Elections. Jury trial. CONSTITUTION OF THE The press. SEC. 5. The press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity: and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications investiga-ting the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence: and in all indictments for libels the jury may determine the facts and the law,.as in other cases. Warrants of SEC. 6. The people shall be secure in their persons, houses, pa-reeesatr. en or ar. pers and possessions, from unreasonable searches and seizures: and no warrant to search any place, or to seize any person or things, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirma-tion. Rights of ac. SEe. 7. In all criminal prosecutions, the accused hath a right to cusud. be heard by himself and his counsel, to be plainly and fully inform-ed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have -compulsory process in due time, on application by himself, his friends or coun-sel, for obtaining witnesses in his favor, and a speedy and public trial by an impartial jury: he shall not be compelled to give evidence against himself: nor shall he be deprived of life, liberty or property, unless by the judgment of his peers or the law of the land. SEC. a No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger: and no person shall be for the same of-fence twice put in jeopardy of life or limb; nor shall any man's property be taken or applied to public use without the consent of his representatives, and without compensation being made. Administra. SEC. 9. All courts shall be open: and every man for an injury thin of )US. donehim in his reputation, person, moveable, or immoveable pos-sessions, shall have remedy by the due course of law, and justice administered according to the %cry right of the cause and the law of the land, without sale, denial, or unreasonable delay or expense: and every action shall be tried in the county in which it shall be commenced. unless when the judges of the court in which the cause is to be tried, shall determine that an impartial trial therefiw cannot Suits against be had in that county. Suits may be brought against the State, the State, according to such regulations as shall be made by law. Suspending SEC. 10. No power of suspending laws shall be exercised, but laws, by authority of the Legislature. Bail, punish- SEC. J L Excessive bail shall not be required, nor excessive fines merits. imposed, nor cruel .punishments inflicted: and in the construction Gaols. of gaols, a proper regard shall be had to the health of prisoners. Privileges or SEC. 12. All prisoners shall be bailable by sufficient sureties, un- Pribc"". less for capital offences when the proof is positive or the presump. ARTICLE IL SEC. 1. The legislative power of this State shall General Assembly, which shall consist of a Senate Repre'sentatives. SEO. 2. The Representatives shall be chosen for the citizens residing in the several counties. - STATE- OF DELAWARE. - tion great: and when .persons are confined on accusation for such - offences,- their friends and counsel may at proper seasons have.ac-cess to them. SEC. 13. The privilege of the writ of Habeas Corpus shall not be Habeas cot.- suspended, unless when in cases of rebellion, or invasion, the public Pus. safety may require it. Sc. 14. No commission of Oyer and Termineeor gaol delivery Oyer and 'shall be issued.. Terminer. SEC. 15. No attainder shall work corruption of blood, nor except Attainder, during the life of the offender, forfeiture of estate. The estates of sducoi cd.iadne'd. those who destroy their own lives, shaIrdescend or vest as in case of natural death: and if any person be killed by accident, no for-feiture shall be thereby incurred. SEC. 16. Although disobedience to laws by a part of the people, Right to pa-upon suggestions of impolicy or injustice in them, tends by mite- titt°th diate eflect and the influence of example, not only to endanger the public welfare and safety, but also in governments of a republican form, -contravenes the social principles of such governments found-ed on common consent for common good; yet the citizens have a - right in an orderly manner to meet together, and to apply to per-sons intrusted with the powers of government, for redress of griev-ances or other proper purposes, by petition, remonstrance or ad-dress. SEC. -17. No standing army shall be kept up without the. consent Military. of the Legislature: and the military shall, in all cases and at all times, be in strict subordination to the civil power. SEC. 18. No soldier shall in time of peace be quartered in any Quartering house without the consent of the owner; nor in time of war, but by soldiers. a civil magistrate, in a manner to be prescribed by law. SEC. 19. No hereditary distinction shall be granted, nor any Titles and office created or exercised, the appointment to which shall be for offices. a longer term than during good behavior; and no person holding any office under this State, shall accept of any office or title of any kind whatever, from any king, prince, or foreign state. WE DECLARE THAT EVERY THING IN Tills ARTICLE Reservation IS . RESERVED OUT OF THE GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED. be vested in a Legisloture. and House of Generaall Aft. two years, by Represents-tivee. Qualifies. tions. SEC. 3. The Senators shall be chosen for four years by the citi-zens residing in the several counties. No person shall be a Senator, who shall not have attained to the acre of twenty-seven years, and have in the county in which he Sall be chosen, a freehold estate in two hundred acres of land, or an estate in real and personal property, or in either, of the value of one thousand pounds at least, and have been a citizen and inhabi-tant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an in-habitant of the county in which he shall he chosen, unless he shall have been absent on the public business of the United States or of this State. 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 Uy law make provision for increasing their number; but the num-ber of Senators shall never be greater than one-half, nor less than one-third of the number of Representatives: the office of Representative, or the office of Senator, become va- Vacancies. cant before the regular expiration of the term there y; a Representa-. live or a Senator shall be elected to fill such vacancy, and shall hold the office for the residue of said term. When there is a. vacancy in either [louse of the General Assembly, and the General Ilssembly is not in session, the Governor shall have pourer to issue a writ of election to Jill such vacancy ; which irrit shall be executed as a writ issued by the Speaker of either House in case of vacancy. SEC. 4. The General Assembly shall meet on the first Tuesday of January, biennially, unless sooner convened by the Governor. The first ,meeting of the General Assembly, under this amended Constitution, shall be on the sfirst Tuesday of January, in the year of our Lord, one thousand eight hundred and thirty-three, which shall be the commencement of biennial sessions. Each - SEC, 5. Each House shall choose its Speaker and othii officers, Biennial meeting. First meet-ing. CONSTITUTION OF THE No person shall be a Representative who shall not have attained the age of twenty-four years, and have been a citizen and inhabi-tant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term, an in-habitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States, or of this State. There shall be seven Representatives chosen in each county, un- ,- til a greater number of Representatives shall by the General As-, sembly be judged necessary; and then, two-thirds of each branch of the Legislature concurring, they may by law make provision for increasing their number.. Number. Senators. Qualifica-tions. Numbers. STATE OF DELAWARE. and also each House, whose Speaker shall exercise the office of no - Governor, may choose a Speaker pro tempore. cars. SEC. C. Each House shall judge of the elections, returns, and Powers. qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may ad- Quorum. journ from day to day, and shall be authorised to compel the at-teridance of absent members, in such manner, and-kinder such pen-as shall be deemed expedient. SEC. 7. Each House may determine the rules of its proceedings, Punishing. punish any of its members for disorderly behavior, and with the concurrence of two-thirds expel a member, and shall have all other powers necessary for a branch of' the Legislature of a free and Independent State. Sae. 8. Each House shall keep a journal of its proceedings, and Journals. publish them immediately after every session, except such parts as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any member, be entered on the journal. Ste. 9. The doors of each House, and of committees of the Open doors. whole, shall be open, unless when the business is such as ought to be kept secret. SEC. 10. Neither House shall, without the consent of the other, Adjourn. adjourn for more than three days, nor to any other place than that me" in which the two Houses shall be sitting. SEC. 11. The Senators and Representatives shall receive a corn-Compensu-pensation for their services to be ascertained by law, and paid out 2: anes.cl pri-of the treasury of the State; but no law varying the compensation g shall take effect, till an election of Representatives shall have in-tervened. They shall in all cases, except treason, felony, or breach of the peace, be 'privileged from arrest during their attendance at the session of their respective Houses, and in going to and return-ing from the same; and for any speech or debate in either House, they shall not be questioned in any other place. SEc. 12. No Senator or Representative shall, during the time Exclusion for which he shall have been elected, be appointed to any civil of-f°,.fnmmenmmb°,,r: fice under this State, which shall have been created, or the emolu-meats of which shall have been increased, &wing such time. No person concerned in any army or navy contract, no member of Disqual ifica- Congress' nor any person holding any office under thi's State or the tmtBbt:r be United States, except the Attorney-general, officers usually ap-pointed by the Courts of Justice respectively, Attorneys at law and officers in the militia, holding no disqualifying office, shall during his continuance in Congress or in office, be a Senator or Represen-tative. Size. 13. When vacancies happen in either House, writs of elec. V"ancir don shall be issued by the Speakers respectively, or in cases of ne-cessity, in veh other manner as shall be provided by law; and Revenue bills. Public mo-ney. State trea-surer. Corporations. CONSTITUTION OF THE - the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected, might have done, if such vacan-des had not happened. SE°. 14. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose alterations. as on other bills; and no bill, from the 'operation of which when passed into a law revenue may incidentally arise, shall be accourip,., ed a bill for raising revenue; nor shall any matter or clause what---:; ever, not immediately relating to and necessary for raising reve-nue, be in any manner blended with or annexed to a bill for raising revenue. See. 15. No money shall be drawn from the treasury, but in consequence of appropriations made by _law; and a regular state-ment and account of the receipts and expenditures of all public money shall be published at least once in every two years. Snc. ] (1. The State Treasurer shall be appointed biennially by the house of Representatives, with the conCitrrenCe of the Senate. In case of a vacancy in the effice of State "Ii.easurer in the recess of the General Assembly, either throu,gh omission of the General Assembly to appoint, or by the death, removed out of the Slate, resignation, or inability of the State "Iieasurer, or his failure to give security, the Governor shall fill the vacancy by appointment to continue until the next meeting of the General dssembly. The State Treasurer shall settle his accounts annually with the General dssembly or a commit-tee thereof, which shall be appointed at every biennial session. JV'o person who bath served in the office of State Treasurer, shall be eli-gible to a seat in either House (y. die General dssembly until he shall have made a .final settlement of his accounts as Treasurer and dis-charged the balance, if any, due thereon. SEC. 17. Aro act of incorporation, except for the renewal of exist-ing corporations, shall be hereafter enacted without the concurrence of two-thirds of each branch of the Legislature, and with a reserved power of revocation by the Legislature; and no act of incorporation which may be hereafter enacted, shall continue in fbrce for a longer period than twenty years, without the re-enactment of the .Legislature, unless it be an incorporation for public improvement. ARTICLE III. Executive. SEC. 1. The Supreme Executive powers of the State shall be Governor, vested in a Governor. Election. Src. 2. The Governor shall be chosen by the citizens of the State. Election re- The returns of every election for Governor shall be sealed up, turns. and immediately delivered by the returning officers of the several counties to the Speaker of the Senate, or in case of the vacancy of the office of the Speaker of the Senate, or his absence from the State, to the Secretary of State, who shall keep the same until a Speaker STATE OF DELAWARE. of the Senate shall be appointed, to whom they shall be immedi-ately delivered after his appointment, who 'shall open and publish the same in the presence of the members of both Houses of the Legislature. Duplicates of the said returns shall also be immedi-ately lodged with the Prothonotary of each county. The person having the highest number of votes shall be Governor: but if two or more shall be equal in the highest number of votes, the members of the two Houses shall, by joint ballot, choose one of them to be Governor; and if, upon such ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote. Contested elections of a Governor shall be determined by a joint Election con. committee, consisting of one-third of all the members of each branch tested' of the Legislature, to be selected by ballot of the Houses respec-tively; every person of the committee shall take an oath or affir-mation, that in determining the said election, he rjll faithfully dis-charge the trust reposed in him: and the committee sha1 always sit with open doors. Sze. 3. The Governor shall hold his office during four years Tenure of from the third Tuesday of January next ensuing his election, and office. shall not be eligible a second time to said office. Sm. 4. He shall be at least thirty years of age, and have been Qualifies. a citizen and inhabitant of the United States twelve years next be- Lions. fore the first meeting of the Legislature after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or of this State. Sec. -5. No member of Congress, nor person holding any office Disqualifies. underthe United States or this State, shall exercise the office of Lions. Governor. SEC. 6. The Governor shall, at stated times, receive for his ser- Componsa-vices an adequate salary, to be fixed by law, which shall be nei- Lion. ther increased nor diminished during the period for which he shall have been elected. SEC. 7. He shall be commander-in-chief of the army and navy Commander. of this State, and of the militia; except when they shall be called i"-chia into the service of the United States. SEC. 8. He shall appoint all officers whose offices are establish- Appoint- ed by this Constitution, or shall be established by law, and whose molts to of-appointments are not herein otherwise provided -for; but no person flee. shall be appointed to an office within a county, who shall not have a right to vote for Representatives, and have been an inhabi-tant therein one year next before his appointment, nor hold the boeffri coef loCnognegrr ethssa,n n hoer acnoyn tipneuresso nto hroelsdiidneg ino rth eex ceorcuinstiyn.g aNnoy omfofimce- Ionffciocmesp. atible under the United States, shall at the same time hold or exercise the office ol Judge, Treasurer, Attorney-General, Secretary, Pro- CONSTITUTION OF THE thonotary, Register for the probate of wills and granting letters of administration, Recorder, Sheriff, or any office under this State, with a salary by law annexed to it, or any other office which the Legislature shall declare incompatible with offices or appointments under the United States. No person .shall hold more than one of the following offices at the same time, to wit: Treasurer, Attorney- Commis- General, Prothonotary, Register or Sheriffi All commissions shall sinus. be in the name of the State, shall be .sealed with the Great Seal; and be signed and tested by the Governor. Pardon. SEC. 0. He shall have power to remit fines and forfeitures, and to grant reprieves and pardons, except in cases of impeachment. He shall set.Arth in writing, fully, the grounds of all reprieves, par-dons and remissions, to be entered in. the Register of his official ado, and laid before the General Assembly at their next session. Information. SEC. 10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. Communica- SEC. 11. He shall from time to tin-le give to the General Assembly tions to gene. information of affairs concerning the State, and recommend to their rat assembly. consideration such measures as he shall judge expedient. Convening SEc. 12. lie may on extraordinary occasions convene the Gene-and adjourn- ral Assembly, and in case of disagreement between the two Houses ing general assembly. with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding three months. SEC. 13. He shall take care that the laws be faithfully executed. SEC. 14. Upon any vacancy happening in the office of Governor, by his death, removal, resignation, or inability, the Speaker of the Senate shall exercise the office until a Governor elected by the people shall be duly qualified. there be no Speaker of the Senate, or upon ((further vacancy happening in the office bij his death, removal, re-signation or inability, the Speaker (y. the Rouse of Representatives shall exercise the office until a Governor elected by the people shall be duly qualified. If the person elected Governor shall die, or become disqualified, before the commencement 0 his term of office, or shall ryitse to lake the same, the person holding the office shall continue to exercise it, until a Governor shall be elected and duly qualified. If upon a vacancy happening in the office of Governor, there be no other person who CC7/ exercise said office within the provisions of the Con-stitution, the Secretary of ,tqate shall exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect by joint ballot of both !louses a person to exercise the office until a Governor elected by the people shall be duly qualified. If a vacancy occur in the of/ice of Governor, or if the Governor elect die, or be-came disqualified, befbre the commencement of his term, or refuse to take the office, an election for Governor shall be held at the next gene-ral election, unless the vacancy happen within six days next pre- Vacancy. STATE OF Dm.,AwA4w ceding the election, exclusive of the day of the happening of the va-cancy and the day of the election: in that case, if an election for Governor would vol have been held at said election, without the hap-pening of suck vacancy, no election for Governor shall. be held at said election in consequence of such vacancy. If the trial-of.a contested election shall continue longer than until the third Tuesday of Janu- -ary next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Repre-sentatives, who may then be in the exercise of the Executive au-thority, shall continue therein until a determination of such contest-ed election. The Governor shall not be removed from his office for inability, but with the concurrence of two-thirds of all the mem-bers of each branch of the Legislature. SEC. 15. A Secretary shall be appointed and commissioned du- State.. of ring the Governor's continuance in office, if he shall so long behave himself well. He shall keep a fair Register of all the official acts and proceedings of the Governor, and shall, when required by either branch of the Legislature, lay the same, and all papers, minutes, and vouchers, relative thereto, before them, and shall perform such other duties as shall be enjoined him by law. He shall have a compensation for his services to be fixed by law. ARTICLE IV. S EC. 1. elections for Governor, Senators, Representatives, Elections. Sheriff's and Coroners shall be held on the second Tuesday of J%- venzber, and be by ballot: And in such elections every free white Voters. male citizen, of the age of twenly-two years or upwards, having re-sided in the State one year next befere the election, and the last month thereof in the county where he offers to vote, and having with-in two years next Wire the ckction, paid a county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twenty-one years and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax: Provided that no person in the military, naval, or marine ser-vice of the United States, shall be considered as acquiring a resi-dence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or insane person, pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector; and that the- Legislature may impose the foifeiture of the right of sirlfrage, as a punishment for crime. SEC. 2. Electors shall in all cases, except treason, felony, or Privileges. breach of the peace, be privileged from arrest during their attend-ance at elections, and in going to and returning from them. ARTICLE V. Impeach- Sue. 1. The House of Representatives shall have the sale power menu. Treason. Superior Court. CONSTITUTION OF THE of impeaching: but two-thirds of all the members must - concur in an impeachment. All impeachments shall be tried by the Senate: and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators. SEc. 2. The Governor and all other civil officers under State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such eases shall not extend further than to removal from office, and disqualifi-cation to hold any office of honor, trust or profit under this State, but the party convicted shall nevertheless be subject to indictment, trial, judgment and punishment according to law. SEC. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. ARTICLE VI. Judiciary. SEC. 1. The judicial power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, an. Orphans' Court, a Court of Oyer and Terminer, a Court of General Courts. Sessions of the Peace and Gaol Deli very, a Register's Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of ltro-thirds of all the members of both Rouses, shall from time to time establish. SEC. 2. To compose the said courts there shall be jive judges in the State. One of them shall be Chancellor of the State; he shall also be President of the Orphans' Court: he may be appointed in any part of the Stale. The other finer judges shall compose the Su-perior Court, the Court of Oyer and Terminer, and the Court qf. General Sessions of the Peace and Gaol Deliveu, as hereinafter prescribed. One of them shall be Chief Justice of the State, and may be appointed in any part of it. The other three judges shall be Associate Judges, and one of them shall reside in each county. SEC. 3. 7'he Superior Court shall consist of the Chief Justice and two Associate Judges. The Chief Justice shall preside in every county, and in his absence the senior Associate Judge silting in the count!/ shall preside, .Vo Associate Judge shall sit in the county in which he resides. Two ni said Judges shall constitute a quorum. One may open and adjourn the Court, and mahe all rules necessary for the expediting of business. This court shall have jurisdiction if all causes of a civil nature, real, personal and mixed, at common law, and all other the jurisdic-tion and powers vested by the laws of this State in the Supreme Court or Court of Common Pleas. STATE OF DELAWARE. SEC. 4. 77te Court of General Sessions of the Peace and Gaol Delivery shall be composed in each County of the same Judges and snieofnas of the in the same manner as the Superior Court. Two shall constitute a Peace. quorum, One may open and adjourn the Court. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Quarter Sessions of the Peace and Gaol De- , livery. SEC. 5. The Chancellor shall hold the Court of Chancery. This Court of Court shall have all the jurisdiction and powers vested by the laws1/C; fleecy. of this State in the Court of Chancery. SEG. 6. The Court of Oyer and Terminer shall consist of all the CourtofOyer Judges except the Chancellor. Three of the said Judges shall con- and Tenni-salute a quorum. One may open and adjourn the court. This court nu' shall exercise the jurisdiction now vested in the Courts of Oyer and Terminer and General Gaol Delivery by the laws of this State. In the absence of the Chief Justice the senior Associate present shall preside. SEC. 7. The Court of Errors and Appeals shall have jurisdiction Court of Er-to issue writs of Error to the Superior Court, and to receive appeals ror%and Ap-from the Court of Chancery, and to determine finally all matters in. Peal error in the judgments and proceedings of said Superior Court, and all matters nf lipped in the interlocutory or final decrees and pro-ceedings in Chancery. The Court of Errors and Appeals upon a writ of error to the Superior Court shall consist of three Judges at least: that is to say, the Chancellor, who shall preside, the associate judge who could not on account of his residence sit pz the cause be-low, and one of the judges who did sit in the swid cause. The Judges of the Superior Court to whom it appertains to hold the Su-perior Court in each county, shall sit alternately in the Court of Errors and Appeals in cases in er POP brought from the Superior Court in such county, according to the .following rotation: that is to say: If the judgment below he rendered in the court in New Castle county at tlw first term of the said court there, the Chief' Justice shall sit; if at the second term of the said court there, the associate judge for Kent county shall sit, and if at the third term of said court there, the associate judge for Sussex county shall sit. 'If the judgment be-low be rendered in the court in Kent county at the first term of said court there, the associate judge for Sussex county shall sit, if at the second term of the said court there, the associate judge .firr Arew Castle county shall sit, and if at the third term of the said court there, the Chief Justice shall sit. If the judgment below be rendered in the court in Sussex county at the .first term of said court there, the associate judge for JVime Castle county shall sit, if at the second term of the said court there, the Chief Justice shall sit, and if at the third term of the said court there, the associate judge for Kent county shall sit; and so from term to term, in every succeeding rotation the judges beginning and following each other in the same order. But if in any case 711 the Court of Errors and Appeals, the judge who sat in the cause below, and ought according to this provision to sit in the Court of Errors and Appeats,lie absent, unable orWiSquali- :lied, then either of the other judges, who sat in the cause below, may sit: and the court shall have power to prevent any inconvenience or delay from observing the rotation above prescribed, by making an order or regulation fir either of the judges who sat in- the cause be-low, to sit in such cause in the Court of Errors and Appeals. If a inikre did not sit in the C(1718C below, he shall sit in the said cause in-' the Court of Errors and Appeals, unless there be a legal e.vception' to him; brit the court, if there be three judges present, may proceed in his absence. Questions f Whenever the Superior Court consider that a question of law ought kw. to be decided babre all !be judges, they shall have power, upon the application of either party, to direct it to be heard in the Court y' Errors and Appeals; and in that case the chancellor and ,fourjudges shall compose the Court of Errors and Appeals, the chancellor pre-siding, and any Jim,. of them being a quorum; and in the absence of the chancellor, the Chief Justice shall preside. The Superior L'ourt in exercising this power, may direct a cause to be proceeded into verdict and judgment in that court, or to be otherwise proceeded in, as shall be best for expediting jastice. Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and three associate judges; and three of them sliall be a quorum. SEC. 8. In matters of chancery jurisdiction in which the Chancel-lor is interested, the ehiof Justice sitting in the S'uperior Court with-out the associate judges, shall have jurisdiction, with an appeal to the Court of Errors and Appeals, which shall consist in this case of the three associate judges, the senior associate judge presiding. Judge ad ti- Sec. 9. The Governor shall hare power to commission a judge ad tem. Mem, to decide any cause in which there is a legal exception to the Chancellor or any judge, so that such appointwnt is necessary to con-stitute a quorum in either court. The commission in such. case shall confine the office to the cause, and it shall expire on the determination of the cause. The judge so appointed shall receive a reasonable com-pensation to be fixed by the General Assembly. A member of Congress, or any person holding or exercising an a//ice under the United States, shall not be disqualified from being appointed a judge ad :item. Sec. 10. The Orphans' Court, in each county, shall be held by the Chancellor and the associate judge residing in the county; the Chan-cellor being President. Either of them, in the absence of the other, may hold the court. When they concur in opinion there shall be no appeal from their decision, except in the matter of real estate. When their opinions are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or other value thereof, there shall be an appeal to the Superior Court Chancellor interested. Orphans' Court. CONSTITUTION OF TI-i1 STATE OF DELAWARE. for the county, which shall have final jurisdiction in every such case. This court shall have all the, jurisdiction and powers vested by the laws of this Stale in the Orphans' Court. SEC. 11. The jurisdiction of each of the aforesaid courts shall be Jurisdiction. co.eXtensive with the State. Process may be issued out of each court, in either county, into every county. SEc. 12. The General Assembly, notwithstanding any thing con- General As-tained in this article, shall have power to repeal or alter any act 0fsembIY may the General Assembly, giving jurisdiction to the Courts of Oyer and alter. Terminer and General Gaol Delivery, or to the Supreme Court, or the Court of Common Pleas, or the Court of General Quarter Sessions of the Peace and Gaol Delivery, or the Orphans' Court, or to the Court of Chancery, in any matter, or giving any power to either of said courts. Until the General Assembly shall otherwise direct, there shall be an appeal to the .Court of Errors and Appeals in all cases in which there is an appeal, according to any act of the General Assembly, to the High Court of Errors and Appeals. SEC. 13. Until .the General Assembly shall otherwise provide, the Chancellor shall exercise all the powers which any law of this State vests i: the Chancellor, beside the general powers' of the Court of Chancery; and the Chief Justice and Associate Judges shall each singly exercise all the powers which any law of this State vests in the Judges singly oldie Supreme Court or Court of Common Pleas. SEC. 14. The chancellor and judges shall respectively hold their Tenure of offices during good behavior, and receive or their services a col/yen-office. sation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say:the annual salary of Salaries. the Chic!' Justice shall not be less than the sum of one thousand two hundred dollars: and the annual salary of the Chancellor shall not be less than the sum of one thousand one hundred dollars; and the annual salaries of the Associate Judges, respectively, shall not be less than the sum of one thousand dollars each. They shall hold no other office of profit, nor receive any fees or perquisites, in addition to their salaries for business done by them. The Governor may for any rea-sonable cause, in his discretion, remove any of them on the address of two-thirds of all the members of each branch of the General Assembly. Its all cases where the Legislature shall so address the Governor, the cause of removal shall be entered on the Journals of each House. The Judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied with the causes alleged for his re- CONSTITUTION OF THE moval, at least five days before the day on which either House of the General Assembly shall act thereupon. SEC. 15. The General Assembly may by law give to any inferior courts by them to be established, or to one or more justices of the peace,. jurisdiction of the criminal matters following, that is to say: assaults and batteries, keeping without license a public house of entertainment, tavern, inn, ale house, ordinary or victualling house, retailing or selling without license, wine, rum, _brandy, gin, whiskey or si irituous or mixed liquors contrary to law; disturbing camp meetings held for the purpose of religious worship, disturbing other meetings for the purpose of re-ligious worship, nuisances, horse racing, cock fighting and shooting matches, larcenies committed by negroes or mulattoes, and the offence of knowingly buying, receiving, or concealing by negroes or mulattoes, of stolen goods and things the subject of larceny; and of any-negro or mulatto being accessary to any larceny. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by Grand Jury, or trial by Petit Jury, and may grant or deny the privilege of appeal to the Court of General Sessions of the Peace: the matters within this section shall be and the same hereby are excepted and excluded from the prov.ision of the Con-stitution, that"No person shall for an indictable offence be proceeded against criminally by information"and also from the provisions of the Constitution concerning trial by jury. SEC. 10. In civil causes when pending, the Superior Court shall have the power before judgment, of directing upon such terms as they shall deem reasonable, amendments, impleadings, and legal proceedings, so that by error in any of them, the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses that are aged, very infirm, or going out of the State, upon interrogatories de gene esse, to be read in evidence, in case of the death or departure of the witnesses before the trial; or inability by reason of age, sickness, bodily infirmity, or imprisonment, then to attend ; and alSo the power of obtaining evidence from places not within the State. SEC. 17. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, and the costs then accrued, and the plaintiff not accepting thereof, it shall be delivered for his use to the Clerk or Prothonotary of the Court; and if, upon the final decision of the cause, the plain-tiff shall not recover a greater sum than that so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiffis an executor or administrator. Suits survive. SEC. 18. By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but until the - Inferior Courts. Amending pleadings. Deposition. Money into Court. STATE Or DELAWARE. Legislature shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased pe-titioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator being duly served with a scire facias, thirty days before the return thereof, shall be considered as a party to the suit, in the same manner as if he had voluntarily made himself a party; and in any of those cases, the court shall pass a decree, or render judgment for, or against exe-cutors or administrators, as to right appertains. But whdre art executor or administrator of a deceased respondent or defendant becomes a party, the court upon motion, shall grant such a continu-ance of the cause as to the judges shall appear proper. SEC. 19. Whenever a person, not being an executor or adminis- Security on trator, appeals from a decree of the Chancellor or applies for a appeal and writ of error, such appeal or writ, shall be no stay of proceeding error. in the chancery, or the court to which the writ issues, unless the appellant or plaintiff in error, shall give sufficient security, to be approved respectively by the Chancellor, or by a judge of the court from which the writ issues, that the appellant or plaintiff in error shall prosecute respectively his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he fail to make his plea good. Sm. 20. No writ of error shall be brought upon any judgment Limitation of heretofore confessed, entered, or rendered, but within five years wnta of "- from this time; nor upon any judgment hereafter to be confessed, tor. entered or rendered, but within five years after the confessing, en-tering or rendering thereof; unless the person, entitled to such writ be an infant, feme covert, non compos mantis or a prisoner, and then within five years exclusive of the time of such disability. SEC. 21. An executor, administrator, or guardian, shall file every Executors' account with the Register for the county, who shall as soon as thdrniner conveniently may be, carefully examine the particulars with the guardian ac. proofs thereof, in the presence of such executor, administrator or counts. gurardian, and shall adjust and settle the same, according to the very right of the matter and the law of the land: which account so settled, shall remain in his office for inspection; and the executor, administrator, or guardian, shall within three months after such settlement, give due notice in writing to all persons entitled to shares of the estate, or to their guardians respectively, if residing within the State, that the account is lodged in the said office for inspec-tion. Exceptions may be made by .persons concerned, to both sides of every such account, either denying the justice of the allowances E xceptions, made to the accountant, or alleging further charges against him; and the exceptions shall he heard in the Orphans' Court for the county; and thereupon the account shall be adjusted and settled according to the right of the matter and law of the land. Sm. 22. The Registers of the several counties shall respectively 3 CONSTITUTION ,OF hold the,Register's Court in each county. Upon the litigation ola cause, the depositions of the, witnesses examined, shall be .taken at large in writing; and make part of the proceedings in the cause. This court may issue process throughout the State, to compelthe attendance of witnesses. Appeals may be made from a Register's Court to the Superior Court, whose decisions shall befinal. In ca-ses where a Register is interested in questions concerning.the Pro-bate of wills, the granting le ters of administration, or executors, administrators, or guardians accounts, the cognizance thereof shall belong to the Orphans' .Court, with an appeal to the Superior Court, whose decision shall be final. Prothonota. SEC. 23. The. Prothonotary of the Superior Court may issue pro-ry. cess, take recognizunces of bail and enter judgments, according to law and the practice of the court. No judgment in one county shall Lien of judg- bind lands or tenements in another, until a Testatum Fieri Facias /bents. being issued, shall be entered of record in the office of the Protho-notary of the county wherein the lands or tenements are situated. Justices of SEC. 24. The Governor shall appoint a competent number of the peace. persOns tO the office of Justice Of the Peace, not exceeding twelve in each county; Until two-thirds of both Houses of the Legislature shall'by law direct an addition to the number, who shall 13,e corn-miSsioned for seven years, if so long they shall behave themselves well, but may be removed by the Governor within that tithe on coil-vietion. of misbehaviour in office, or on the address of both Houses of the 'LegiSlature. Style of pro. SEe. 25. The style in all process and public acts shall be, THE cern. STATE OF' DELAWARE. Prosecutions shall be darned on in the name of the State. ARTICLE VII. Conservators SEC. 1. The members of the Senate and House of Representa-of the peace. fives, the Chancellor, the Judges, and the Attorney General shall, by virtue of their offices, be conservators of the Peace throughout the State; and the Treasurer, Secretary, Prothonataries, Registers, Recorders, Sheriffs, and Coroners, shall by virtue of their Offices, be conservators thereof within the counties respectively in which they reside. Representa- SEC. 2. The Representative, and when there shall be more than tives in con. one, the geiwesentdti v es of the people of this State iii Congress, grass. shall be Voted for at the same places where Representatives. in the State Legislature are voted for, and in the same manner,. Sheriff and SEC. 3. The Sherif and Coroner of each county shall be chosen Coroner. by the citizens residing in such County.' 'They shall hOld 'their spective offices for two years if so long' they behave' iheMieloe's well, and until successors be duly qualified; but no person be twice chosen Sheri fnpon election by the citizens., in any term of Jour, years. 1"47"65-,47 -",* STE OF bELANVAAE: TheY'shall.be comthieSioned by the Governor. The Governor shah t? filtvaeakeies. in these offices by ap'pOintments to continue until the next election' and until successors shall be duly qualified. The Le-gialalure, two-thirds of each branch concurring; niaj vest the op"- pantinent of Sheriffs and Coroners in the Governor; but no person shall bd. tioice appointed Sheriff in any term of six years: Sc.E 4. The Attorney General, Registers in Chancery, Protho- Tenure of notaries, Rekisters, Clerks of the Orphans' Court and of the Peace, certain shall respectively be commissioned for five years, if so lung they'ffi"s' shall behave themselves well; but may be removed by the Gover-nor. within that time on conviction of misbehaviour in office or on the address of both Houses of the Legislature. Prothonotaries, .Registers in 'Chancery, Clerks of the Orphans' Court, Registers, Recorders and Sheriffs, shall keep their offices in the town or place in each county in which the Superior Court is usually held. SEC. 6. Attorneys at law, all inferior officers in the Treasury Appointment Department, election officers, officers relating to taxes, to the poor of inferior of. and to highways, constables and hundred officers, shall be ap- ficers. pointed in such manner as is or may be directed by law. SEC. 0. All Salaries and fees annexed to offices shall be mode- Salaries and rate; and no officer shall receive any fees whatever without giving to the person who pays a receipt for them, if required, therein Receipt for specifying every particular and the charge for it. fees. SEC. 7. No costs shall be paid by a person accused on a bill Costs iu being returned ignoramus, nor on acquittal by a jury. criminal* cases. socSiEetCie. s8 . anTdh ceo rripgohrtsa,t ep rbiVodilieegs ess,h aimll mreumniatiiens aasn idf tehseta Cteos nosfti trueltiigoino uosf,R poigrahtitosn osf. cor-this State had not been altered. No ordained clergymen or or- dained preacher of the gospel of any denomination, shall be caga- cElxecrgluys.i on of ble of holding any. civil office in this State, or of being a rqem er of either branch of the Legislature, while he continues i n the exer-cise of the pastoral or clerical functions. SEC. 0. All the laws of this State existing at the time of making this Constitution, and not inconsistent with it, shall remain in force, Larowns in unless they .shall be altered by future laws; and all actions and prosecutions now fiending shall proceed as if this Constitution had not been made. SEC. 10. This Constitution shall be prefixed to every edition of the laws made by direction of the Legislature. Spc. 11. The Legislature shall, as soon as conveniently may be Duties of provide. by law for ascertaining what statutes and parts of statutes, continue to be in force within this State; for reducing them legislatureshall and all.aets of the General AssemPly into such, order and publish-ing thenn in such manner that thereby the knowledge of then may be generally 'diffused; for choosing Inspectors. and Judgei'd eke- Property qualification. z Amend. month. Convention. Majority. 2 CONSTITUTION OF THE tions, and regulating the same in such manner as shall most efrec-tually guard the rights of the citizens entitled to vote; for better securing personal liberty, and easily and speedily redressing all wrongful restraints thereof; fel' more certainly obtaining returns of impartial juries; for dividing lands and tenements in sales by sheriffs, where they will bear a division into as many parcels as may be without spoiling the whole, and for advertising and ma-king the sales in such manner, and at such times and places, as may render them most beneficial to all persons concerned: and for establishing schools, and promoting arts and sciences. Sze. 12. No property qualifications shall be necessary to the hold-ing of any office in. this State, except the office of Senator in the Ge-neral Assembly, and the offices of Assessor, Inquisitor on lands and Levi, Court Commissioner, and except such offices as the General Assembly shall by law designate. ARTICLE VIII. Oath of office. Members of the General Assembly and all officers, executive and judicial, shall be bound by oath or affirmation, to support the Constitution of this State, and to perform the duties of their respec-tive offices with fidelity. ARTICLE IX. The General Assembly, whenever two-thirds of each House shall deem it necessary, may with the approbation of the Governor, pro-pose amendments to this Constitution, and at least three and not more than six months before the next general election of Represen-tatives duly publish them in print, for the consideration of the peo-ple; and if three-fourths of each branch of the Legislature shall, after such an election and before another, ratify the said amend-ments, they shall be valid to all intents and purposes as parts of this constitution. No Convention shall be called but by the authori-ty of the people: and an unexceptional mode of making their sense known, will be for them at a special election on the third Tuesday of May in any year, to vote by ballot for or against a Convention, as they shall severally choose to do; and if thereupon it shall ap-pear that a majority of all the citizens in the State, having right to vote for Representatives, have voted for a Convention, the General Assembly shall accordingly, at their next session, call a Convention, to consist of at least as many members as there are in both Houses of the Legislature, to be chosen in the same manner, at the same places, and at the same time that Representatives are by the citi-zens entitled to vote for Representatives, on due notice given for one month, and to meet within three months after they shall be elected. The majority of all the citizens in the State having right to vote for Representatives, shall be ascertained by rrference Co the highest num-ber of votes cast in the State at any one of the three general elec. STATE OF DELAWARE. lions, next preceding the day of voting for a Convention, except when they may be less than .the whole number of votes voted both for and against a Convention, in which case the said majority shall be as-certained by reference to the number of votes given on the day oy vo-ting for or against a Convention: and whenever the General Assem-bly shall deem a Convention necessary, they shall provide by law for the holding of a Special Election for the pyrpose of ascertaining the sense of the majority of the citizens of the State entitled to vote for Representatives. SCHEDULE. THAT no inconveniences may arise from the amendments of the Constitution of this State, and in order to carry the same into com-plete operation, it is hereby declared and ordained, as follows: SEC. I. The offices of the present Senators and Representatives shall not be vacated by any amendment of the Constitution made in this Convention, nor otherwise affected, except that the terms of the Representatives and the terms of the Senators which will ex-pire on the first Tuesday of October, in the year Of our Lord one thousand eight hundred and thirty-two, are hereby extended to the second Tuesday of November in that year: and the terms of the Senators, which will expire on the first Tuesday of October, in the year of our Lord one thousand eight hundred and thirty-three, are hereby extended to the second Tuesday of November in that year: and the terms of the Senators which will expire on the first Tues-day of October, in the year of our Lord one thousand eight hun-dred and thirty-four, are hereby extended to the second Tuesday of November in that year. The General Assembly ,shall meet on the first Tuesday of Janu-ary next, and shall not be within the amended provision respecting biennial sessions, which biennial sessions shall commence with the session of the General Assembly, on the first Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-three. SEO. 2. The offices of the present Sheriffs and Coroners shall not be vacated by any amendment to the Constitution made in this Con-vention, nor otherwise affected, except that the term of office of the sheriff of Sussex county is hereby extended to the second Tues-day of November, in the year of our Lord one thousand eight hun-dred and thirty-two, and until a successor be duly qualified: and on the second Tuesday of November, in the year of our Lord one thou-sand eight hundred and thirty-two, shall be the first election for sheriff in Sussex county under this amended Constitution. nd the term of the present coroner for Sussex county is hereby exten- CONSTITTITIM- OF Tlig ded to the second Tuesday of November, in the year of our. Lord. one thousand eight hundred and thirty-four, and until a. successor shall be duly qualified:. and on fife said last mentioned day shall be' the first eleclion for coroner in Sussex county under this amended Constitution. The terms of the present sheriffs and coroners for Kent county and New Castle county, are hereby extended to the second Tues-day of November, in the year of our Lord one thousand eight hun-dred and thirty-three, and until successors to them respectively be duly qualified: and on or afier the first Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, the Governor shall have power to appoint a sheriff and a coroner for New Castle county, and a sheriff and coroner fin. Kent county, to continue in office until the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-four, and until successors to them respectively be duly qualified. And on the said last mentioned day shall be the first election fir sheriff and for co-roner in New Castle county and in Kent county, under this amended Constitution, unless a vacancy happen in the office of sheriff or coroner of New Castle or Kent county, or of coroner for Sussex county, before the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two: in which case an election shall be held on that day for a sheriff of coroner under this amended Constitution, in place of the sheriff or coroner whose office has become vacant. Sufi 3. The first election for Representatives under this amend-ed Constitution shall be held on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-two, which shall be the commendetnent Of biennial elections. At this election one Senator shall be chosen in each county for four years. Also at the biennial election to be held in the several counties tut the second Tuesday of November, in the year of our Lord one thou-sand eight hundred and thirty-four, two Senators shall tte chosen in each county for four years each. But as the term of One Sena-tor in each county will expire on the second Tuesday of November, in the year of our Lord one thousand eight hundred and thirty-three, when no election will be held, to provide for this special case a Senator shall be chosen in- each county, at the election held on the second Tuesday of November, in the year or our Lord one thousand eight hundred and thirty-two, for one year, to succeed tie Senator for such counts/ whose term will expire on the second Tues-day of November, in the year of our Lord one thousand eight hun-dred and thirty-three, and to continue in office until the second Tuesday of Nom-Inbar, in the year of our Lord one thousand eight hundred and thirty-four, when two Senators shall be chosen in each county as ,afore-provided. SEC. 4. The term of office' of the present Governor shall not be vacated nor extended by any amendment made to theConstitution this Convention; .but the said officeshall eontinue during the Original term thereof; but the,ninthiand-fourteenth sectiOns of the .third ar. STATE OF DELAWARE. - 23 ticle of this Constitution shall be immediately in force.as amended. An election for Governor shall be held on the second Tuesday of November, in the year of our Lord one thousand. eight hundred and thirty-two. - Sec. 5. This Constitution as amended, so far as shall concern the Judicial Department, shall commence and be in operation from and after the third Tuesday of January, in the year of our Lord one thousand eight hundred and thirty-two. All the ( 'ourts of Jus-tice now existing shall continue with their present jurisdiction, and the Chancellor and Judges and the clerks of the said courts shall continue in office until the said third 'I'ucsday of January, in the year of our Lord one thousand eight hundred and thirty-two; upon which day the said courts shall be abolished, and the offices of the said Chancellor, Judges and clerks shall expire. All writs of error and appeals and proceedings which, on the third Tuesday of Janu-ary, in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Digh Court of Errors and Appeals, and all the books, records and papers of said court, shall be trans-ferred to the Court of Errors and Appeals established by this amen-ded Constitution; and the said writs of error, appeals, and proceed-ings shall be proceeded in the said Court of Errors and Appeals to final judgment, decree, or other determination. All suits, proceedings and matters which, on the third Tuesday of January, in the year of our Lord one thousand eight hundred and - thirty-two, shall be depending in the Supreme Court or Court of Common Pleas, and all books, records and papers of the said courts, shall he transferred to the Superior Court established by this amen-ded Constitution, and the said suits, proceedings and matters, shall be proceeded in to final judgment, or determination in the said Su-perior Court. - All indictments, proceedings and matters which, on the third Tuesday of January in the year of our Lord one thousand eight hundred and thirty-two, shall be depending in the Court of General Quarter Sessions of the Peace and Gaol Delivery, shall be transferred to and proceed in to final judgment and determination in the Court of General Sessions of the Peace and Gaol De/ivery, established by this amended Constitntion, and all books, records, and papers of said Court of General Quarter Sessions of the Peace and Gaol Delivery, shall be transferred to said Court of General Sessions of the Peace and Gaol Delivery. AU suits, proceedings, and matters which, on the third Tuesday of January, in the Nrear of our Lord one thousand eight hundred and thirty-two, shall be dependinb,,o; in the Court of Chancery or in the Orphans' Court, and all records, books and papers of said courts respectively, shall be transferred to the Court of Chancery or Orphans' Court respec-tively, established by this amended Constitution, and the said suits, proceedings and matters, shall be proceeded in to final decree, order, or other determination. See. 6. The Registers' Courts and Justices of the Peace shall not be affected by any. amendments of the Constitution made in 24 CONSTITUTION, Sm. this Convention; but the said courts and the terms of office of Reg-isters and Justices of the Peace shall remain the, same, as if said amendments had not been made. SEC. 7. The General Assembly shall have power to' make any law necessary to carry into effect this amended Constitution. SEC. 8. The provision in the twentieth section of the sixth article of this amended Constitution (being the thirteenth section of the sixth article of the original Constitution,) of limitation of writs of error, shall have relation to, and take date from, the tWelfth day of June, in the year of our Lord one thousand seven hundred and ninety-two, the date of said original Constitution. SEC. 9. The Governor shall have power to issue writs of elec-tion to supply vacancies in either House of the General Assembly, that have happened or may happen. SEC. 10. It is declared that nothing in this amended Constitution gives a writ of error from the Court of Errors and Appeals to the Court of Oyer and Terminer or Court of General Sessions of the Peace and Gaol Delivery, nor an appeal from the Court of General Sessions of the Peace and Gaol Delivery. The acts of the General Assembly, increasing the number of Jus-tices of the Peace, shall remain in force until repealed by the Gene-ral Assembly; and no office shall be vacated by the amendments to this ( 'onstitution, unless the same be expressly vacated thereby, or the vacating the same is necessary to give effect to the amendments. Done, in Convention the second day of December, in the year of our Lord one thousand eight hundred and thirty-one, and of the Independence of the United States of America, the filly-sixth. In testimony whereof, WE have hereunto subscribed our names. CHARLES POLK, -P R ESIDENT. Thomas Adams, John Caulk, John M. Clayton, Peter L. Cooper, Thomas Dealcyne, Edw. Dingle, Wm. Dunning, John Elliott, James Fisher, Willard Hall, Thomas TV. Handy, John Harlan, Charles H. Haughey, Hughitt Layton, James C. Lynch, James B. Macomb, Joseph Maul!, Elias Naudain, William Nicholls, Samuel Ratcliff, John Raymond, George Read, Jr., Henry F. Rodney, James Rogers, Wm. Seal, P. Spruance, Jr., Wm. D. Waples. (Arretrr,) W. P. BROBSON, SECRETARY. SECRETARY'S OFFICE, Dover, Aug. 17, 1837. Pursuant to a resolution of the General Aseembly of tho State of Delaware, adopt. ed at Dover, February 13, 1835, I have caused this edition of the Amended Consti-tution to be printed and published as a part of the Eighth t volume of the" Laws of the said State. I have collated the same with, and corrected it by, the original roll. The. amendments are in italics. CHARLES MARIA Secretary of the State of Delaware. LAWS OF THE STATE OF DELAWARE, PASSED AT A SESSION OF THE GENERAL ASSEMBLY, COMMENCED AND HELD AT DOVER, ON TUESDAY THE FIFTH DAY OF JANUARY, IN THE YEAR OF OUR LORD, ONE THOUS AND EIGHT HUNDRED AND THIRTY, AND OF THE INDEPENDENCE OF TRE UNITED STATES THE FIFTY-FOURTIL SY AUTHORITY. 1830. sikTe:4;,, LAWS OP TOL STATE OF DELAWARE. .1.iN0HiliNiHR. CHAPTER I. AN ACT concerning the entering of judgment bonds. Be it enacted by the Senate and House of Representatives of the Judgments to State of Delaware in General Assembly met, That it shall be the be entered by duty of the clerks of the Supreme Court, and the prothonotaries of wthiculleurtke the Court of Common Pleas within this State, on the application of attorney any person being the original holder (or assignee of such holder) when. of a bond, in which judgment is confessed, or containing a warrant for an attorney at law, or other person to .confess judgment; to enter judgment against the person or persons who executed the same, for the amount which from the face of the instrument may appear to be due, without the agency of any attorney, or declara-tion filed, with such stay of execution as may be therein mentioned, for the fee of one dollar, to be paid by the defendant: particularly Fee. entering on his docket, the date and tenor of the instrument of wri-ting on which the judgment may be founded, which shall have the same force and effect as if a declaration had been filed, and judg-ment confessed by an attorney, or judgment obtained in open court and in term time, and the defendant shall not be compelled to pay any costs, or fee to the plaintiff's attorney when judgment is en-tered. All acts of assembly now in force, so far as they are incon-sistent with this act, and no farther, are hereby repealed. Passed at Dover, January 16, 1830. CHAPTER II. AN ACT supplementary to the act entitled "An act to incorporate 4 vol. 650. a company to erect a drawbridge over the Christiana creek, at the village of Newport, and for other purposes therein mentioned." Sc.,E 1., Be it enacted by the Senate and House f Representatives Company au-of the State of Delaware in General As,sembly met, That the NewportIlloilftd Q8 LAWS OF THE sell the bridge. Purchase m me), to be paid into bank. Monty, hew apportioned among the stockholders. Cashier to pay over whoa. Parts of the original act repealed in ease of sale. Bridge Company are hereby authorised and empowered to grant, bargain, sell, convey and confirm to the Levy Court of New Castle county, or to any body politic, and incorporate, or to any person or persons, in fee, for a valtiable consideration, free and clear of all debts and incumbrances, the drawbridge over the Christiana creek at Newport, and works and appurtenances with the profits and tolls arising therefrom, with full power and authority to collect and receive the, said tolls; and the right, title, interest, use, benefit, pos-session and property' of, in and tO, the said drawbridge, profits, tolls and appurtenances, and all and singular the corporate rights and privileges of the said company. Sm. 2. Snd be it enacted, That the moneys to be paid as the valuable consideration of the sale-and conveyance of the said draw-bridge, provided for in the preceding section, shall immediately on the receipt thereof,, be paid into the Farmers' Bank at New Castle, for the use, benefit and behoof of the owners and proprietors of the rispectivo' shores 'of the capital stock of the said company, subject tolhe-pa:Onent of'all debts of the said'company, and the expenses and.charges'iliarmay he incurred in Obtaining this act and °fleeting the 'said 'sale. SE°. 3. .and be it enacted, That a public meeting. of the said owners and proprietors of shares shall and may be holden at the court-house in the town of New Castle, within ten days after the sale, who shall have power by a resolution adopted at said meeting or any adjournment thereof, to direct, and whose duty it shall be to direct, order and apportion among the said proprietors respec-tively of the said capital stock, or the personal representatives of such of them as may be deadthe moneys so as aforesaid paid into said bank; which *apportionment shall be made according to the ratio the same moneys bear to the amount of the said capital stock, subject nevertheless to the deduction to be made on account of the said debts, charges and expenses. SEM 4. kid be it enacted, That a certified copy of the said reso-lution under the seal of the said corporation, shall within three days after its adoption be deposited in the said bank, and thereupon the cashier of the said bank shall pay to each of the said proprietors of the said stock or their personal representatives that part or por-tion of the said moneys directed by the said resolution to be so paid to each of the said proprietors; and also, that part thereby directed to be paid on account of the debts, charges and expenses aforesaid, to whom such part may be ordered to be paid. SEc. 5. .and be it enacted, That all the provisions and enactments of the said act of incorporation authorising and requiring the elec-tion of president and managers, treasurer and other officers of the said company, its powers and functions and responsibilities incur-table by the said company, and the said president and managers, and Prescribing, duties to be performed by them, are hereby, de-claved- to be rep'ehlettin ease of the sale and doiveyiaria as afe're- STATE OF DELAWARE. 29 said of the said drawbridge, its works, tolls, profits and appurte-nances, as being inapplicable to the state and condition of the said drawbridge, and interest therein, after the said sale and conveyance thereof: Provided always nevertheless, and he it enacted, That the Proviso. same provisions and enactments shall be in full force and virtue notwithstanding the said repeal of them so far as may be necessary Powers of tho to enable the said Levy Court, other body politic, or person or per- purchasers of sons, to whom the said sale and conveyance may be made as afore- said bridge. said, to appoint the necessary officers touching the management and control of the said bridge, its interests, tolls, profits, works and appurtenances; to keep and maintain the said drawbridge and ap-purtenances in repair, to cause to be given the necessary attend-ances at the draw thereof, to enjoy the right and benefit of, and to collect and receive and corfipel payment of the tolls and commu-tation moneys established by the said act, and to have the benefit of its sanctions. And provided ,further, and be it enacted, That the keeper or person having the charge and care of the said bridge, for the time being, after the said sale and conveyance, shall be answerable for the damages in case of delinquency mentioned in the eighteenth section of the said act of incorporation instead of the said company, and that the said Levy Court or body politic, or person or persons in case of such sale and conveyance as aforesaid, shall provide for lighting the said bridge, and the toll keeper cause Bridge to be it to be lighted, as ordered, enacted by, and subject to the provisions kept lighted in the fourteenth section of the said act of incorporation. nd fur-ther, that the fifteenth Section of the same act providing for pro-tecting and preserving the said drawbridge and appurtenances from injury, destruction and damage, and the lamps from extin-guishment, as [is] in like manner hereby declared to be, and con-tinue in full force and elect from and after the sale and conveyance as aforesaid. Passed at Dover, Jan. 14, 1830. CHAPTER. III. AN ACT to repeal an act entitled "An act to regulate the use vnt. New edition, gill nets or gill seines lathe river Delaware, to impose a tax there- p. 275. on, and to provide for the payment of the same.' lie it enacted by the Senate and House of Representatives of the Repeal. State of Delaware in General Assembly met, That the act entitled an act to regulate the use of gill nets or gill seines in the river Delaware, to impose a tax thereon, and to provide for the payment of the same, passed at Dover, February 12th, 1R29, be and the same is hereby repealed. Passed at Dover, Jan. 15, 1830. -; 30 LAWS OF THE CHAPTER IV. A SUPPLEMENT to the act entitled "An act regulating the Ge-neral Election.'? Place of elcc- SEC. 1. Be it enacted by the Senate and House of Representatives tion in Broad 01 the State of Delaware in General .dssembly met, That the first Creek hun. section of the act to which this is a supplement, be amended by dred chang-ed. striking out the words "now occupied by John Anderson," after the words "Broad Creek hundred at the house," and inserting the words "of Levin Vaughan of Charles." And the said sections shall be read, and construed according to the foregoing amendment. Passed at Dover, Jan. 15, 1830. CHAPTER V. 173. AN ADDITIONAL SUPPLEMENT to the "Act regulating the General Election." Whereas, It is declared by the Constitution of this State, [that] Art. iii, I), 29. "110 1'onvention shall he called but by authority of the people; an an unexceptionable 'node of making their sense known, will be for them, at the general election of Representatives, to vote also by ballot for or against a I onvention, as they shall severally choose to do." find whereas, doubts have arisen, whether under existing laws, it is the duty of the inspectors and freeholders, judges of elections, to tally down and make return of such votes so given as aforesaid: Duty of in. SRC. 1. Be it therefiwe declared and enacted by the Senate and spectors, House of Representatives of the ,State of Delaware in General 11s- 10 tally votes sembiy 'met, Th,,1 it is the dutyt hof e for or al:alma several inspectors and free-a Convention. holders, judges of i elect ions,n the respective hundreds of this State, at any general election of Representatives, to tally all the votes which may he given by the voters at such elections, either for or against a Convention. Inspectors, SEC. And be it .further enacted, That it shall be the duty of the &c., to make said inspectors and freeholders, judges as at-bromic!, to make a re- "turn, turn of all the votes, that may' be tallied as aforesaid, at the same 179, 180. . BM, in the same manner, and at the same places, as are prescribed in the act to which this is a supplement, for making returns of the Duty of she. election of Representatives; and it shall be the duty of the Shea, riff, &c. Ste or other presiding officer of the board of canvass, in each county, 181, 182, . and the inspectors present at such board of canvass, before its ad-journment, to make under their hands, four certificates of all the votes given tbr or against a Convention; one of which certificates, STATE OF DELAWARE. 31 the said sheriff or other presiding officer of the hoard of canvass as aforesaid, shall by himself, or by any person deputed for the purpose, deliver to the Governor, one to the Prothonotary of. the county in which he shall reside, one to the Speaker of the Senate, and one to the Speaker of the House of Representatives, to be by them laid before their respective Houses. Passed at Dover, Jan. 16, 1830. os54640.0,44... CHAPTER VI. A SUPPLEMENT to the act entitled "An act to authorise the (7 vol. 3194 New Castle and Frenchtown Turnpike Company, heretofore in-corporated by the name of the President, Managers and Company of the New Castle and Frenchtotvn Turnpike, to make a rail-road from the place called and known by the name of Clark's Corner, in the county of New Castle in this State, as fin- as the Maryland tine, in a direction towards Frenchtown on Elk river." Whereas, it appears to this Legislature, that certain provisions Preamlar. contained in the act to which this is a supplement, have prevented the'said company from 'receiving subscriptions for the increase of their capital stock, sufficient to accomplish the liberal and benefi-cial purposes intended by the said act: - Sze. 1. Be it therefore enacted by the Senate and Rouse of Repre- width of ar sentatives of the State of Delaware in General Assembly met, That turnpike the New Castle and Frenchtown Turnpike and Rail-road Corn- road. pany shall not be required to keep open and in good repair more than twenty feet in breadth of the turnpike road from Clark's Corner to Frenchtown. SEC. 2. And be it further enacted, That the Directors of the said powers or New Castle and Frenchtowri Turnpike and Rail-road Company .he company may procure and use on any rail-road which shall be constructed in procuring by them in virtue of the act to which this is a sunplement, all ma- %,,Inac. chines, wagons, carriages and other vehicles which they may deem proper or necessary for the purposes of transportation on the said road; and they shall have power to-charge and receive as tolls for Toils. using the said road, not exceeding three cents per ton, per mile: for the transportion of passengers, not more than five cents per mile, including customary baggage, not exceeding one hundred pounds weight for each; for transporting the whole distAnce any trunk, box, bale, basket or package, not being the baggage, or part No other of the baggage of a passenger, and not exceeding one hundred company or pounds weight, twelve and a half cents; and it shall not be lawful Person to use for any other company, or any person or persons whatsoever, to twilgottad travel upon or use any part of the said rail-road, or to transport CCIIIIV. 32 - LAWS OF THE persons or property of any description thereon, without ,the. iicense or permission of the said directors. New Castle SEC, 3. And be it further enacted, That the president and mana- Turnpike Co. gers of the New Castle Turnpike Company, or a majority of tliiri, and New and the president and managers of the New Castle and Frenai- FCraesntlceh atonwd n town Turnpike Company, or a majority of them be, and they are Turnpike Co. hereby authorised and required, at any time after the increased may ha stock of each of the said companies shall have been subscribed, united, and five dollars paid on each share thereof, to call a meeting of the Meeting may stockholders of the New Castle Turnpike and Rail-road Company, be called, when. and of the New Castle and Frenchtown Turnpike and Rail-road Company; first giving at least three weeks notice of the time, place Nsuocthiciencoeng of andand object of such meeting in one newspaper published in the city of Philadelphia, one in the city of Baltimore, one in Ccecil county, in the State of Maryland, and one in the State of Delaware; and at the said meeting the holders of the major part in amount of the stock of each of the said turnpike and rail-road companies, attending in person or by proxy, shall be competent to decide whether or not the said turnpike and rail-road companies shall be united, and to-gether form one body politic and corporate upon such terms , abd stipulations as by them shall be deemed proper and expedient; and if at such meeting it be decided that the said turnpike and rail-road companies shall be united, and together form one body politic, and corporate, it shall be so certified in writing to the recorder of deeds for New Castle county, who is hereby required to record the same: and thereupon and immediately thenceforth, the said New Castle Turnpike and Rail-road Company, and the said New Castle and Frenchtown Turnpike and Rail-road Company shall be, and are hereby created one body politic and corporate, in fact and in law, New corpo. by the name, style and title of "The New Castle and FrenchtOw,n rate name. Turnpike and Rail-road Company;" and by and under that eorpo- Rights and rate name, the holders of the stock of the said turnpike and rail, powers of road companies, so united as aforesaid shall hold, possess and en- the company. i. 0y, all the property, rights and privileges, and exercise all the powers, granted to and vested in the said turnpike and rail-road companies, or either of them, by this or any other law or laws of this State. Repeal of SEc. 4. And be it further enacted, That the sixth and eleventh § 58-76, 11 of ch. sections of the act to which this is a supplement, and so much,of 1 v. 323-5. the tenth section of the said act whereby "the State reserves the Part of sec. right to alter or abolish said charter at any time after the period 10. of twenty years from the completion of said road, on providing that such compensation shall be made to the stockholders as the Legislature shall deem reasonable;" and all such parts of the said act as by this act are altered or supplied, shall be and the same are hereby repealed, made null and void. . This act and SEC. 5. And be it further enacted, That this act and the act to ch. 58 7 v. 319, d,eciaed which this is a supplement (except such parts thereof as, are kr* to be in force repealed, altered or supplied) shall be, and are hereby declared,,to STATE OF DELAWARE. 33 be in full force and effect, in the same manner, and to alhintents in the same and purposes, as if the Legislature of Maryland had passed a law tronlart,y us if similar in all its provisions to this and the act to which this is a Legislature supplement, and all things heretofore done under the said act, are had passed a hereby declared to be valid and effectual, - like law. SEc. 6. And be it enacted, That the State hereby reserves the Reservation right to alter or abolish said charter at any time after the period tot. the right I Laratet,r this of thirty years from the completion of said road, on providing that r such compensation shall be made to the stockholders as the Legis-lature shall deem reasonable. Passed at Dover, Jan. 16, 1830, CHAPTER VII. A SUPPLEMENT to the act entitled 'On ect to authorise the the [7 vol 313.1 New Castle Turnpike Company to make a rail-road from town of New Castle to the place calkd Clark's Corner." Whereas, it appears to this Legislature that certain provisions contained in the act to which this is a supplement, have prevented Preamble. _the said company from receiving subscriptions for the increase of their capital stock, sufficient to accomplish the liberal and bonen-cial purposes intended by the said act: SEC. 1. Be it therefore enacted by the Senate and House of Repre- Power of the sentatioes of the State of Delaware in General Assembly met, That company in the directors of the New Castle Turnpike and Rail-road Company, otictioisecariaiol.n in locating and constructing the rail-road authorised by the act to road. which thisis a supplement, shall be, and are hereby vested with full power to commence the said rail-road, at any point on the river Delaware within the town of New Castle, and thence extend the same up and along Delaware street, or any other street or streets, or ground, within the said town, as the more beneficial and convc, nient construction of the said rail-road may require. SEC. 2. And be it .fitrtber enacted, That the said New Castle Width of the Turnpike and Rail-road Company, shall not he required to keep turnpike open and in good repair, more than twenty feet in breadth of the road, turnpike road from New Castle to Clark's corner. SEC. 3. And be it further enacted, That the said directors may Powers oftho procure and use on any rail-road, which shall be constructed by company in them in virtue of the act to which this is a supplement, all machines, procuring wagons, carriages and other vehicles, which they may deem proper wrnangcolninizeio., or necessary, for the purposes of transportation on the said road; and they shall have power to charge and receive as tolls for using Tail, 5 34 LAWS OF THE the sai-d.road, not exceeding three cents per ton, per mile; for the transportation of passengers, not more than five cents per mile, in-cluding customary baggage, not exceeding one hundred pounds weight for each: for transporting the whole distance any trunk, box, bale, basket or package, not being the baggage, or part of the No other baggage, of a passenger, and not exceeding one hundred pounds company or weight, twelve and a half cents; and it shall not be lawful for any person ath rail-rod use other company or any person or persons whatsoever, to travel upon without Ii- or use any part of the said rail-road, or to transport persons or pro-mise. perty of any description thereon, without the license or permission of the said directors. New Castle SEC. 4. And be it ficrtber enacted, That the president and mana- Turnpike Co. gers of the New Castle Turiipike Company, or a majority of them, and New and the president and managers of the New Castle and Frenchtown Castle and Frenchtown Turnpike ( r:irnpany, or a majority of them, be, and they are hereby Turnpike Co. authorised and required, at any time after the increased stock of may be each of the said companies shall have been subscribed, and five united. dollars paid on each share thereof, to call a meeting of the stock- Meeting to holders of the New Castle Turnpike and Rail-road Company, and be calk:CI, when, of the New Castle and Prenchtown Turnpike and Rail road t :om-pany, first giving at least three weeks notice of the time, place and N°ti" there" object of such meeting, in one newspaper published in the city of of. Philadelphia, one in the city of Baltimore, one in Ccecil county, in the State of Maryland, and One in the State of Delaware; and at the said meeting, the holders of the major part in amount of the stock of each of the said turnpike and rail-road companies attending in person or by proxy, shall be competent to decide tt hether or not the said turnpike and rail-road companies shall be united, and to-gether form one body politic and corporate upon such terms and stipulations as by them shall be deemed proper and expedient; and if at such meeting it be decided that the said turnpike and rail-road companies shall be united, and together form one body politic and corporate, it shall be so certified in writing to the recorder of deeds for New Castle county, who is hereby required to record the same: and thereupon and immediately thenceforth, the said New Castle Turnpike and Rail-road Company, and the said New Castle and Frenchtown Turnpike and Rail-road Company shall he. and are hereby created one body politic and corporate, in fact and in law, New corpo. by the name, style and title of "The New Castle and Prenchtown rato name. Turnpike and Rail-road Company;" and by and under that corpo- Rights and rate name, the holders of the stock of the said turnpike and rail-powers of road companies, so united as aforesaid shall hold, possess and enjoy, the company, all the property, rights and privileges, and exercise all the powers, granted to and vested in the said turnpike and rail-road companies, or either of them, by this or any other law or laws of this State. R i Scc. 5. .dnd be it enacted, That the State hereby reserves [the] ofe tsheor vriagthotn_ right to alter or abolish said charter at any time after the period of to alter, &c., thirty years from the completion of said road; providing that such this carter. compensation shall he made to the stockholders as the Legislature shall deem reasonable. STATE OF 'DELAWARE. 35 Sm. 6. And be it .further enacted, That the sixth, ninth and Repeal of eleventh sections of the act to which this is a supplement, and so Tic; U.a4r4d much of the said act as by this act is altered or supplied, be and 7 v.317,318. the same are hereby repealed, made null and void. Passed at Dover, Jan. 16, 1830. CHAPTER AN ACT to incorporate "The Union Line Transportation and Steamboat Company," between Philadelphia and Baltimore. SEC. 1. Be it ducted by the Senate and House qf Representatives qf the State of Delaware in General Assembly met, That John Jan- Company in vier, l'homas Janvier, Bankson Taylor, James Lefever, Matthew corporated. C. Jenkins, William Whilden, Joseph Smith, Jonathan Smith, Wil-liam- Peterson, David Hill and William J. Watson, and all and every of the persons who shall at the time of the passing of this act be members or partners of the association called and known by the name of "!'he Union Line Transportation and Steamboat Com-pany," and the persons who shall hereafter become members, ac-cording to the provisions hereinafter contained, shall be, and they are hereby created and declared to be a body corporate and politic, by the name of" Ile Union Line Transportation and Steamboat Name. Company," and they and their successors by the name of "The Union Line Transportation and Steamboat Company," shall and may have continual succession during the term of twenty-one years from and after the passing of this act, and shall be able to sue and powers, be sued, implead and be impleaded, in all courts of record or else-where, and to purchase, receive, have, hold and enjoy to them and their successors, lands, tenements and hereditaments, goods and chattels, of what nature or kind soever, real, personal or mixed, and choses iti action, and the same from time to time, to sell, grant, alien, demise, mortgage, pledge or dispose of, and also to make and have a common seal, and the same to alter and renew at pleasure; and also to ordain, establish aud put in execution, such by-laws, ordinauce-s and regulations, as shall appear necessary and conve-nient fur the government of the said corporation, not being contrary to the laws and constitution of this State, or of the United Stales, and generally to do all and singular, the matters and things which to their, it shall lawfully appertain to do, for the well being of the said corporation, and the due management and ordering of the af-fairs thereof: Provided, that the powers, privileges, rights and fran- P chises herein and hereby granted, are upon the express condition that the Legislature of this State shall at all times hereafter, have the power to revoke, repeal, alter, amend and modify the same, as to the said Legislature shall seem expedient or proper. 4 3(1 LAWS OF Tlin Joint etc,* SEC.2. And be it enacted, That all the joint stock and all other the real estate, personal and mixed, and all the sureties, dues, elation trans- claims and demands, and all the records, books, papers, vouchers ferred to the and other documents whatsoever, in anywise belonging to, or held comlia.nY or claimed, by the said association or persons named in the first now rated Incorpo section of this act, shall be transfered to, and vested in, the said . corporation of "The. Union Line Transportation and Steamboat Company," hereby created, as absolutely and completely to all in-tents and purposes as shall then respectively belong to, or be held and claimed by the said association or partnership, oi. by their cAonndtr aaclstso, the officers and agents for their use; and also all the contracts and debts, &c. other engagements, debts, obligations and assumptions whatsoever, for the said association or partnership, entered into, made, subsist-ing, due, or payable, or to become due or payable, at the time of the passing of this act, shall henceforth become, and be as obliga-tory and binding upon the said incorporation of "The Union Line Transportation and Steamboat Company" hereby created, to all in-tents and purposes as if the same respectively had been entered into, made and constructed by the said company, subsequent to the Proviso. incorporation thereof: Provided, that nothing in this section con-tained shall impair the rights of creditors and others having claims against the said association or partnership; but the same may be enlbrced in the same way as if this act had not passed. Constitution Sec. 3. And he it enacted, That from and after the passing of fnosrt dtuhtes hcoomd - this act, the following constitution shall be deemed the constitution pany. of "The Union Line Transportation and Steamboat Company" hereby created, that is to say: capital Aturtme 1. The capital stock of the said "The Union Line Trans.stock. portation and Steamboat Company," shall be two hundred and fifty thousand dollars, with privilege to increase to live hundred thousand stockhow dollars, divided into shares of one hundred dollars each; and the increased. present capital stock of the said company may at any time be in-creased to such extent as shall be deemed necessary to complete the establishment, at the discretion of the company, by increasing the number of shares to that extent and opening books to receive subscriptions therethr: the said capital stock to be employed by the said company tom the establishment of steamboats, vessels and stages or other carriages for the conveyance of passengers, and transportation of merchandise and other articles, to ply on the Delaware, and on the water of the Chesapeake bay, or the waters thereof: Provided, that nothing in this State shall be construed to to prevent their taking up, or landing passengers at any intermediate point or points. General ART. 2. A general mcefing of the straholders shall be held on melti,"g,', °I. the first Monday of .January, in each succeeding year, at such BIOCnilloluer8 ..--%v hen held, place as the said company, or a majority of them, may think proper, or in default thereof (the corporation shall not for that cause be dissolved) the president shall from time to time appoint, whereof Notjc.3. two weeks notice shall be given in one daily newspaper published STATE OF DELAWARE. 37 in Philadelphia, one newspaper published in the State of Delaware, and one daily newspaper published in Baltimore; and the said stock-holders, between the hours of ten and three of the clock of that day, shall in person or by proxy, elect by ballot, by a majority of votes of them or their proxies present, each being entitled to one vote for every share of stock held, five directors, being stockholders, to serve Directors. for one year next after their election, and until successors to them shall be duly chosen. ART. 3. In case either of the directors shall transfer the whole of Office of his or their shares of stock in this company, the office of such di- recdtebry V tareat In-rector or directors shall thereupon be vacated; and in case of a va- for of his cancy in the office of a director, by any means or for any cause stock. whatever, the remaining directors shall supply the same, and the directors so chosen, shall have the same powers, and be considered Vaces-in all respects as if elected by the stockholders, hew filled. ART. 4. The directors at their first meeting after their election, President shall choose from their body a president, treasurer and secretary, Treasure, to serve for one year thereafter, and until successors to them shall secretary. be duly chosen; they, the president and directors, shall mew at such times and places, and be convened in such manner as they from time to time may agree on, for transacting their busines%; three directors shall constitute a quorum for the transaction of business. and if the president be absent, they may choose a president pro tempore:they shall keep correct minutes of all their transactions, in a book to be provided for that purpose; they shall have full power Powers of to employ, agree with and appoint, sucli engineers, artists, superin- directors. tendents and others, as they shall think necessary for the making, repairing, constructing and finishing, on the most liberal and im-proved plan. such steamboats, vessels and stages, or other carriages, for the conveyance of passengers and transportation of merchandise and other articles, as they may deem expedient; procure, by pur-chase or otherwise, steamboats, suitable sites, landings and accom-modations, and cause convenient wharves, docks, piers and slips to be built thereon; purchase materials; fix on, and agree with, persons employed and engaged by them, their respective wages and com-pensations; call on the stockholders for moneys due in their respec-tive shares in such instalments as may be required, and to do such other duties as may be necessary to insure the completion and con-duct of the business: make by-laws, and do such other acts as may be necessary for the purposes contemplated by this act, and the same shall be binding on the stockholders, and to call a meeting of the stockholders, giving notice as is required in the second article. deeAdRsT a. n5d. oTthhee r trpeaapseurrse, rb eslhoanlgl inregc teoi vteh eth ceo mcapsahn, ys,e caunrdi tiferso,m le atismese, TDruetays uorfe r. to time pay, dispose of, and deliver the same according to the order of the directors; he shall keep regular and fair books and accounts of his receipts and disbursements, and shall, before entering upon the duties of his office, give such bond and security for the due and His bond. I? as LAWS OF THE faithful discharge thereof, and for accounting for, and delivering up to his successor in ollice, all the moneys, securities, deeds, abets and papers, which may remain in his hands, as the board of direc-tors may require, which bond shall be held by the president. Stock assign- ART. G. The shares in the capital stock of the said company ablehow, shall be deemed personal estate, and be assignable and transferable at pleasure, in person or by attorney, in a book to be kept for that purpose, in the presence of the president or treasurer, subject to the instalments due thereon; and if any stockholder, either of the shares of the present capital stock, or of the shares which may be added thereto, after twenty days notice given, as is required in the second article, of the time and place appointed for the payment of any instalment of stock, shall neglect to pay such instalment for thirty days next after the Li no so appointed, every such stockholder shall Forfeiture of. forfeit to I lie imc of the company all his, her or their shares of stock, and every previous payment made thereon, and cease to be a member; IvItich shares of stock, so forfeited, shall and may be sold by the president and directors for the time being, for such prices as tan be had fr the same, and the purchaser or purchasers thereof shall be considered members of the company as fully as if they had been originally stockholders. Salaries, &e. ART. 7. That the said directors shall have power to fix the salaries, compensation or wages of all persons employed or ap-pointed by them, regulate the prices of transportation of passengers Dividends, and glmds, declare dividends, (retain such surplus funds as they see proper,) and do other acts necessary or expedient to enable them to manage the property of the company to the best advantage. Restriction of SEC. 4. ,Ind he it enacted, That nothing in this act contained, the powers shall authorise the said company to employ any part of their funds, of the compa- for any other purposes than those before specified in this act, or to ny. engage in any banking operation. Passed at Dover, Jan. 10, 1830. CHAPTER IX. AN ACT concerning the revised edition of the Laws. Be it enacted by the Senate and House of Representatives of the Acts includ-ed in to re- Chile of Delaware in General ilssembly met, That the acts of the vt,,,,d edition, General Assembly included in the revised edition of the laws, pub-to hehe seionstru- pursuant to the "Act directing a new edition of the Laws" priate.dicY are shall be read and construed, as the same stand printed in said edi-therain. tion. This shall not apply to any statement inclosed in brackets, STATES OF DELAWARE. 39 or parenthesis, intended to express a summary of any act, section . 31. or clause; but such statement shall be admissible as evidence. Exception. The second section of the " Act for easing scrupulous Con- 418. sciences in the mode of taking an oath" has been, and is rqealed. Passed at Dover, Jun. 19, 1830. CHAPTER N. AN ACT to repeal certain provisions not heret(!fore expressly re-pealed, hut supplied or inapplicable, and 1/mere/ore not included in the revised edition of the Laws, and to confirm certain correc-tions made in said edition in certain acts. SEC. 1. Be it enacted by the Senate and House of Representatives Repeal of of the Slate of Delaware in General .dssemhly met, That the "Act to limit suits on constables' bonds;" and the seventh section of the eh 53. G' v 72' §7 of ch. 134 "Act to prevent infectious diseases, being brought into this State, c. 2 v. 1357. and for other purposes;" and the fifth section of the "Act laying §5 or ch. 47, duties on licenses to retailers of foreign goods, wares and merchan- 65 v0.1 `1. 5.9.1. 124 disc;" and the fifth section of the "Act concerning negroes and v. 339. mulattoes;" and the eighth section of the "Act for the more easy §8 1 ch. 183 and sneedy recovery of legacies;" and the eighth section of the ,,81. v. 411 "Act to authorise and empower the owner or possessor of any 11,-, vof13e16!: 78' swamp or low ground, to ditch or drain the same, &c.;" and the gf2cii, 1,12. second section of the supplement of 4th Feb. 1817 thereto; and the v 5,242. twenty-fourth section, and the clause following the word "dollars," 1)msrt:, ') i both in the tenth and thirteenth sections of the "Act for the valua- .12:-,!;;12V5.3, tion of real and personal property within this titae;' and all the 1255. part of the ninth section of the "Act directing the manner of suing out attachments within this government" from the words "and ifP"rt,)"r§9, any person" inclusive, to the end of said section; and the part of a 1 the third section of the "Act concerning sales of the real estate of deceased persons by executors or administrators for the payment part or §3 of debts," from the words "but it in any action or proceeding upon I.10, 7 v.277. such mortgage" inclusive, to the words "for that purpose;" and the part beginning with the words "and to hear" and ending with Mt 0' 1r)3 the words "agreeable to equity" of the third section of the act for 37'6, a v. the better regulation of the Supreme 'ourt within this governnient;" and the part beginning with the words "and all recognizances" and ending with the words "Unbending of the same" of the second par_ section of the "Act tbr the establishing courts of law and equity 54 :it Iv6:21221. within this goverment; and the part beginning with the werds "and the clerk or prothonotary shall be allowed" of the fourteenth sec prt48or vel, of the "Act concerning awards, to regulate the summoning 4.54. * and returning juries, and for lessening the expense thereof, &c." and continuing to the end of said section, and clause beginning Parts orch-with the words "by a summons" and ending with the word ""Jj uryy "" 198, u. 1 v. AN ACT to provide for the distribution and sale of the revised edition of the Laws of the State of Delaware. Su. 1. Be it enacted by the Senate a-nd House of Representatives 8S`t.actree ttaor Ydiioe .f of the Stote of Dela,,are in General ilssembly met, That the Sec-tribute the revised edi-tion o the lawshow. D Lty o' the Pr dhanott-rie retary of State shall distribute and dispose of the said revised edi-tion of the laws in the fbIlowing manner: he shall deliver one copy to the Governor, nine to the senate, twenty-one to the House of Representatives; he shall transmit two copies to the library of Congress, and three to the Executive of each State and Territory of the United States; he shall retain fifty copies in the Secretary's office for the purpose of interchange, agreeably to law, and the remainder he shall, from time to time, as the demand for the same may require, distribute a;nong the prothonotaries of the several counties. Of the cooies so received by each prothonotary, he shall ver one to the Clark of the Supre ne Court, one to the Clerk of the Peace, one to the lerk of the Orphans' I !ourt, and one to the Register in Chancery of his county, and shall retain one for him-self. Each officer to whom such copy shall be delivOred, shall 40 LAWS OF THE 454. of the fourth section, and the words "and to be levied in such man- 452' ner" in the second section, and the words of like import in the third 453. section of the supplement of March 24, 1770, to the "Act for regu-latin, g fences within this government;" and the words "towards all the king's subjects" in the "Act about binding to the peace;" and part of ch. 4 the words "pursuant to the act for the better regulation of servants a 1v. 52 and slaves within this government" of the forty-fifth section of the part of §45, "Act providing for the recovery of small debts," be and the same ch. 263, 6 V. 479. are hereby repealed and annulled. Certain parts SEC* 2. .Rnd be it further enacted, That the "Further supplement of the revised to the act to alter the times of holding the courts of law and equity edition of the in this State; and the "Act regulating the General Election;" and iaws confirm- the "Act for the appointment of escheators, and to declare and ed. 122. 173. regulate escheats" shall be confirmed and have effect, as the same 198. stand printed in the, revised edition of the laws, published pursuant to the "Act directing a new edition of the laws." The places of 31. holding elections, to which dates are annexed in the margin of said "Act regulating the General Election" in said edition, shall be con-sidered as appointed at said dates respectively. Every li,cense of a turnpike company heretofore made, exempting electors from the payment of tolls going to or returning from any election shall re-main valid, and the record thereof in the office for the recording of deeds in New Castle county, shall be evidence. Passed at Dover, Jan. 22, 1830, CHAPTER XI. STATE OF DELAWARE. 41 carefully preserve the same for the use of the courts, and deliver it Revised edi over to his successor in office. The residue of said copies, the said tion to be prothonotaries shall sell at two dollars per copy; and, after retain- "piodre aopt y ing five per centurn out of the amount, received from the SaieSTrocecds, thereof, it shall be their duty to acCount with, and pay over to the how account. Secretary of State, for the use of the State, the balance in their eti f?r. hands every three months: 500 Or :toll t o SM. 2. And be it further enacted, That five hundred copies of b the said revised edition of the said laws, shall be deposited in the unbound Secretary's office, without binding, and the Secretary is hereby when to bo authorised to have the said copies bound up as the future demand bound up. for the same may require, Passed at Dover, Jan. 26, 1830, -...).$14)Woop- CHAPTER XII. (Private act.) AN ACT for the relief qf Augustine H. Pennington, a non-resident insolvent prisoner. Passed at Dover, Jan. 19, 1830, CHAPTER XIII. AN BArCidTg et oi ng rNaenwt aCnadst lec ocnofiurnmty t,h teo ethsceh seeavteerda l laonwdnse rast thCearnetowf ell's [6 vol. Eaj SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That upon appli-any person or persons holding as owner or owners, any lot or lots, tnateleeslatonds cation being made to the Governor of the State of Delaware, v how proeu: or any part or parts of any lot or lots, of the escheated lands at red. Cantwell's Bridge, in New Castle county, which were sold on or about the eleventh day of May, in the year of our Lord one thou-sand eight hundred and twenty-one, at public auction by John Lowboy, Esquire, then escheator of said county; and, upon such certificate being presented to the Governor, as is mentioned in the second section of this act, then, and in such case, it shall and may be lawful, to and for the Governor of the State of Dela-ware, and he is hereby required to grant, convey, assure and cone firm, unto such person or persons so holding and making applica, tion as aforesaid, and to his, her, or their- heirs and assigns forever, by some good and sufficient deed or deeds of bargaidor sale, to be executed under the great seal of the State, all the estate, right, 42 LAWS OF THE Plot to be filed in the Secretary's office. Duty of the clerk. title, interest, property, claim and demand,whatsoever of the State of Delaware, of, in or to, all or any of the said lot or lots, or part or parts thereof, held as aforesaid, by the person or persons making application as aforesaid, whether such person or persons, hold the same as original purchasers at the public auction aforesaid, or as deriving their title by, through, from or under such original pur-chasers, or any of them. SEC. 2. And be it .further enacted, That before application shall be made to the Governor as aforesaid, by virtue of this act, a duly certified copy of the division and plot of the said escheated lands made by the commissioners appointed to survey and divide the same, and recorded in the office for recording of deeds in and for New Castle county, shall be filed in the office of the Secretary of State, and the person or persons intending to make such application shall also first prove to the satisfaction of the Secretary of State, the payment by them respectively, or by the original purchaser or purchasers, under whom they severally derive their respective titles, their several and respective parts, shares, or proportions of the pur-chase money, for which such lot or lots, or part or parts thereof, of the said escheated lands were originally sold at public auction as aforesaid, and upon such proof being so made, it shall be the duty of the Secretary of State, and he is 'hereby required, immediately to certify the fact to the Governor of the State, with a general de-scription of the premises to be so conveyed. Passed at Dover, Jan. 20, 1830. .....0411141(<- CHAPTER XIV. AN ACT to secure to the Clerk of the High Court of Errors and Appeals the payment of his fees. SEC. 1. Be it enacted by the Senate and House of Representatives Appellant to of the State of Delaware in General Assembly met, That in all causes deposit $5 as hereafter carried to the fligh Court of Errors and Appeals, the a security for party plaintiff or appellant shall, upon suing out his writ of error, officeappea the costls. in or entering the appeal, deposit in the hands of the clerk of the said court, the sum of five dollars, as a security for the payment of the fees which may become due to the said clerk, in the progress of the said cause. SEC. 2. And be it enacted, That upon the decision in the said court of appeals of a cause in which a deposit' shall have been made as aforesaid, the clerk of the said court shall immediately make out and enter upon the record, a bill of the costs in such cause; and after deducting his own fees, shall, upon demand, pay over the balance of said deposit, if any, to the party plaintiff or appellant, STATE OF DELAWARE. '1 48 or to his attorney; and, on failure to pay over such balance as aforesaid, upoirdemand thereof made, the said clerk shall be deemed guilty of a misdemeanor in office, and upon conviction thereof, shall forfeit his office. Passed at Dover, Jan. 20, 1830. .....4441949000.- CHAPTER XV. (Private Act.) AN ACT to enable the administrator, c. t. a., of John Wilson car-penter, deceased, to sell and convey a house and two lots therein mentioned. Passed at Dover, Jan. 18, 1830. CHAPTER XVI. (Private Act.) A ST:TPPLEMENT to the act entitled "An act granting to .Elias Hopkins and Samuel Fisher, a certain piece of land therein men-tioned. Passed at Dover, Jan. 19, 1830. [7 v. 282.] CHAPTER XVII. AN ACT to extend the time for the recording of deeds.. Whereas, by the second section of an act of the General Assem- Preamble. bly of this State, entitled An act concerning conveyances" passed at Dover, on the fifth day of February, in the year of our Lord 90. one thousand eight hundred and twenty-nine, it is provided that af-ter the first day of January, in the year of our Lord one thousand eight hundred and thirty, a deed or letter of attorney concerning lands, tenements, or hereditaments, shall not be recorded, unless lodged in the office for recording of deeds, in the county wherein such lands, tenements or hereditaments, or any part thereof are situate, within one year after the day of the sealing and delivering such deed, or letter of attorney: And whereas, it is represented to this Legislature, that from the lateness of the time of publishing the nets of the General Assembly of this State, passed at their last ses-sion, sufficient publicity has not been given to the prohibition con- 44 This act to be published in the news-papers. LAWS OF THE tained in the said second section of the aforesaid act entitled 1,./th act. concerning conveyances;" by reason whereof, many deeds and letters of attorney cannot now be recorded. . Snc. I. Be it therefore enacted by the Senate and House Of Repre- Tim for re- sentatives of the Statenf Delaware in General Assembly met, That all cordin deeds e g xtend- deeds or letters of attorney concerning lands, tenements or heredita-cd to 1 Sep. ments, sealed and delivered before the first day of September in the 1830. year of our Lord one thousand eight hundred and twenty-nine, and being acknowledged or proved, and the acknowledgment or proof certified according to the laws of this State in force at the time when such acknowledgment or proof was made, may, with the certifi-cate of the acknowledgment or proof, and all endorsements and annexations, be recorded in the office for recording of deeds in the county wherein such lands, tenements or bereditaments, or any part thereof are situate, if lodged in such office on or before the first day of September, in the year of our Lord one thousand eight hun-dred and thirty; and the said record, or an office copy thereof, shall be sufficient evidence; and from and after the said first day of Sep-tember, in the year last aforesaid, no deed or letter of attorney, sealed and delivered before the said first day of September, in the year of our Lord one thousand eight hundred and twenty-nine, shall be recorded. SEC. 2. And be it further enacted, That it shall be the duty of the Secretary of State, and he is hereby required to publish for the space of two months from the first day of March next, a copy of this act, in three or more newspapers printed within this State. Passed at Dover, Jan. 21, 1830. 14+0100(«.- CHAPTElt XVIII. (Private Act.) AN ACT authorising and empowering Samuel Battersby, guardian of Peter Analbnont, personally, or by his attorney in fact, to sell and convey a certain lot of ground in the town of New Castle, be-longing to the said minor. Passed at Dover, Jan. 10, 1830. CHAPTER XIX. (Private Act.) AN ACT to enable the executors of William Lindsey, late of Net° Castle county, deceased, to sell his real estate. Passsd at Dover, Jan. 23, 183(h STATE OF DELAWARE. CHAPTER XX: AN ADDITIONAL SUPPLEMENT to the act entitled "An act 158. 161. to authorise and empower the ounzers or possessors of any swamp or low ground to ditch and drain the same, and for rendering more easy and convenient the mode of obtaining permission there-for." SEO. I. Be it enacted by the Senate and House of Representatives the State of Delaware in General Assembly met, That whenever ""!! courretmnne of tho' the owners of any swamp or low ground, or a majority of such rised to ap-owners, shall deem it fit to have such swamp or low ground ditched poi lt free' and drained, such owners or a majority, of them, may prefer a pe-tition to the Supreme Court or Court of Common Pleas, setting in grounds, lay the county in which such swamp or low ground may be, praying out flitches, an order to appoint three freeholders; and the said court, to which 86c. such petition may be preferred, shall thereupon appoint three good and substantial freeholders of the neighborhood, whose duty it shall be to do and perform the services required by the act to which this Is an additional supplement, and by the several supplements thereto; and all the provisions of the said acts now in force shall be, and are hereby extended to the Supreme Court in as ample a manner as if the said Supreme Court had been named in the said acts. Passed at Dover, Jan. 23, 1830. CHAPTER XXI. A SUPPLEMENT to the act entitled "An act for the establish-ment of Free Schools. Svc. 1. Be it enacted by the Senate and House of Representatives Time am, of the State of Delaware in General Assembly met, That all and ed for the every the provision and provisions of the act to which this is a icroTance supplement, which required the performance or doing of any duty actr: ,% ion. or thing, the time for the performance or doing of which is expired, ded. is and are hereby declared to be in full force, and so shall continue for the term of one year longer than in said act is limited; and all Limitation. acts, matters and things, required to be done by said act within such time so expired as aforesaid, provided the same be done. within one year thereafter, shall be as good and available, as if the same had been done within the time limited in the aforesaid act to which this is a supplement: Provided however, that the neglect of the Levy Proviso. Court of Sussex county to cause the returns of the commissioners appointed,to district the said county, to be published agreeably to the act to which this is a supplement, shall not operate to the clis 486. 40 LAWS OF THE advantage of the districts of said county, nor to make a publica-tion of said returns necessary, but that the school districts in said county may and shall enjoy all the rights and benefits of this act and of the act to which this is a supplement, in as full and ample a cNoummmbiessri oonf . manner as if such publication had been made: but instead of fire ersi N. c. commissioners, according to the provisions of said act, the Levy Co. Court and Court of Appeals in New Castle county, shall appoint . one commissioner in each hundred in said county, to divide the same into convenient school districts; and they or a majority of them acting together, shall divide the county as directed in said Oath of corn. act. The commissioners so appointed, shall be sworn or affirmed, missie9ars and vacancies filled, in the same manner as directed in the said vacancies, act to which this is a supplement. SEc. 2. And be it further enacted, That any sum or balance re- Sum or ha-lance to the mining to the credit of a school district in either county, at the credit of a end of the year, shall continue to remain to the credit of the said district at the district for three years., and draughts may be drawn thereon in the end Of the same manner, and subject to the same restrictions as provided in year, to re- the fourth section of the act to which this is a supplement; but any main three year8 balance thereof, which shall remain undrawn at the expiration of how drawn the said three years, shall be carried to the portion of the income when forfeit- of the school fund, divisible among the school districts in the same ed. county the next year, and shall increase the amount to be divided Proviso, among said districts: Provided however, that if the voters in any Fund to be school district within this State, shall raise by subscription, or by drawn on tax in any one year, a sum equal to one-half of said district's share raising a sum of the distributive portion of the school fund for that year, and shall equal to one-half its ain't. certify the same to "The Trustees of the Fund for establishing Free Schools within this State," agreeably to the provisions of the act to which this is a supplement, then every such district shall be entitled to its equal and full share of the said distributive portion of said school fund, and also to the whole amount of money that may stand to the credit of said district upon the books of the said trus-tee, any thing in the act to which this is a supplement contained to the contrary notwithstanding. Asersement lista-how made. What they shall consist of. Exceptions. Rates to be Ilken from the hundred aiscsainclits. SEC. 3. And he it .farther enacted, That it shall be the duty of the school committees of the several and respective school districts within this State, to make an assessment list for their respective districts. The assessment list for the district shall consist of the rates of persens of all the white male inhabitants of the district, of the age of twenty-one years or upwards, of the valuations of the personal property of all the white inhabitants of the district, and of the clear rental value of all the real estate within the district, (real estate owned by any person of color, and real property not charge-able with the public assessment according to the law of this State, excepted.) The rates of persons and valuations of personal pro-perty shall be taken from the assessment list of the hundred on which the inhabitants of the district respectively stand assessed t;ir the time being; and if such rate or valuation, in ease of any inhabit- STATE OF DELAWARE. 47 ant who ought to be rated, on [ol whose personal property ought fre,le.orn-to be valued, is not upon the assessment list of any hundred in the county, the committee shall assess the rate of person, or value the personal property, according to the laws of this State, and practice Rental value in the county; they shall also assess the clear rental value, beyond 0 flands. reprises, of all the real estate in the district, except as before ex-cepted; and they shall compose the assessment list, setting down Lists, how the names of all the persons assessed in the alphabetical order of composed. the sirntimes, and against the respective names, the rate of persons, valuation of personal property, number of acres, or other descrip-tion of real property, and the clear rental values respectiviely.A copy or COpy of said list, when made, shall be posted or hung up some public and suitable place of the district for inspection; and, at the to be posted. same time the committee shall, by advertisements in five at least of the most public and suitable places in the district, give notice of Notice there. the place where such copy is, and of a day, hour and place, when and of. where they will attend to hear objections to the assessment; which day shall be at least five days from the day of giving such notice. a Upon hearing and examination, the committee shall make all just °tre tdo corrections in such list, and shall insert therein any rate or assess- Corrections ment omitted, and shall settle the same according to justice and of. equity; but they shall not alter a rate or valuation taken from the No rate taken fdrreeldn aslits oolsisu n - assessment list of a hundred; they may adjourn if necessary. The list when settled, shall be conclusive, and shall stand until the year mcnt tu when a general rate of persons and valuation of personal property altered. in each *hundred in the county shall be returned; after which, in triiir 1/9sntg the same year, an assessment list for each school district shall be bh:lleill:d. made; but every year the committee shall make any proper addi-tions in case of other persons or property becoming liable to be assessed, or being before omitted, and necessary alterations, in case of death or removals; and in respect to additional assessments they shall give notice, and proceed in the manner before prescribed for the original assessment. The proceedings of the committee in making an assessment list Lbeisiceonctort.i.0., shall not be questioned except on the ground of fraud or corrup-tion. If the sum to be raised in a school district according to the ted but for - resolution of a majority of the school voters is not made up by sub-fraud, &c. seription or otherwise, for the benefit of the district, within four Duty corn. weeks after the meeting, the school committee shall add to the said :27f1- sum the rate of ten per cent. thereon, to cover fees of collection of lure to raise the assessment and delinquencies, and shall determine the rate on the seo s,;: fixed every hundred dollars of the amount of the assessment necessary vb oters to make the amount of said sum and addition, and issue to the col-lector of the district a warrant under the hands and seals of them Warrant to or any two of them, with a duplicate of said assessment list annex_ collectors. ed for the collecting of the said rate, and to execute the said war-rant, the said collector shall proceed in the manner, and have all powers prescribed by the eighth section of the "Act concerning the manzT.r Levy Court, clerk of the peace, assessors,iarr collectors and county seaxi'd9 cwujnagn t. treasurers." The warrant may be in this form. Ii 4F4 LAWS OF THE Form of war. County, School district No. , ss. rant. The State of Delaware. To the Collector of said District: 379. We command yell to collect from the respective persons named in the annexed dupulicate, the rate of on every hundred dol-lars of the amount with which they respectively stand assessed, ac-cording to said duplicate, and the like rate on every less sum; and if either of said persons shall not in ten days after demand, pay the sum which you are required to collect from him or her, you are authorised to proceed in the manner and use all the means pre-scribed by the eighth section of the "Act concerning |
| Date Digital | 2010 |
| CONTENTdm file name | 3063.cpd |
Description
| Title | Laws of the State of Delaware - Volume 8 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | - . . OF TUN STATE OF DELAWAR, E, FROM THE SIXTEENTH DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED AND THIRTY, TO THE THIRTEENTH DAY OF FEBRUARY, ONE THOU-SAND EIGHT HUNDRED AND THIRTY- FIVE. TO WHICH IS PREFIXED THE AMENDED CONSTITUTION OF SAID STATE. VOLUME VIIL REPUBLISHED ar AUTHORITY. DOYER, DELAWARE: S. Iiimmey, printer. |
| CONTENTdm file name | 44141.pdfpage |
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