Laws of the State of Delaware - Volume 15 - Page 1 |
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LAWS
OF THE
STATE OF DELAWARE,
PASSED AT A SESSION
oF TUK
GENERAL ASSEMBLY,
COMMENDED AND HELD AT DOVER,
ON TUESDAY, THE FIFTH DAY OF JANUARY,
A. D. 1875,
AND OF THE
INDEPENDENCE OF THE UNITED STATES,
TUB N
VOL. 15.- PART 1.
WILMINGTON, DELAWARE:
.1 AMES & WEBB, PRINTERS,
1875.
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 15 |
| Date Original | 1875 |
| Description | 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, A. D. 1875. Volume 15. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | James and Webb Printers |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE, PASSED AT A SESSION oF TUK GENERAL ASSEMBLY, COMMENDED AND HELD AT DOVER, ON TUESDAY, THE FIFTH DAY OF JANUARY, A. D. 1875, AND OF THE INDEPENDENCE OF THE UNITED STATES, TUB N VOL. 15.-PART 1. WILMINGTON, DELAWARE: .1 AMES & WEBB, PRINTERS, 1875. LAWS OF THE STATE OF DELAWARE. CHAPTER 1. Amendment to the Constitution Ratified. AN ACT to ratify a proposed amendment to the Constitution of this State. WHEREAS, at the last session of the General Assembly of Preamble' this State, to wit, on the third day of April, A. D. 1873, an act was passed proposing an amendment to the seventeenth section of the second article of the Constitution of this State, which proposed amendment is in the words following, to wit : "The Legislature shall have power to enact a general in-corporation act to provide incorporation for religious, charita-ble, literary and manufacturing purposes, for the preservation of animal and vegetable food, building and loan associations, and for draining low lands ; and no attempt shall be made, in such act or otherwise, to limit or qualify the power of re-vocation reserved to the Legislature in this section" as by ref-erence to the aforesaid act, to be found upon page 319 of the 14th volume of the laws of this State, will more at large ap-pear: AND WHEREAS, it appears to this General Assembly by the message of His Excellency, the Governor, delivered to both Houses on the first day of this present session, that the said proposed amendment has been approved of by him and published in conformity with the Constitution and the afore-said act, which is satisfactory evidence of due compliance with the Constitution in relation to amendments thereof : AND WHEREAS, in the opinion of this General Assembly, the said amendment is a proper one,and ought to be ratified by it, that it may become part of the Constitution : Now, THERE-FORE, in order to make such ratification, 4 LAWS OF DELAWARE. CONSTITUTIONAL AMENDMENT. Proposed SECTION i. Be it enacted by the Senate and House of Rep- amendment to the 17th resentatives of the State of Delaware in General Assembly met, Section, 2. of three-fourths of all the members of each branch of the Legisla-the lure concurring herein, That the amendment aforesaid be, Constitution or Delaware and the same hereby is ratified, and the same declared to ratified. be part of the Constitution of the State of Delaware, by way of amendment and addition to the seventeenth section of the second article thereof. Amendment SECTION 2. And be it further enacted, That in any publi- to be ancor. porated in cation of the said Constitution hereafter to be made by au- any future publication thority of law, the said amendment shall be incorporated cgonthslution. therein as part of the said section and article, by way of ad-dition to said section. Passed at Dover, 7anuary 28, 1875. LAWS OF DELAWARE. 5 TITLE FIRST. Of the Jurisdiction and Property of the State ; its Leg-islation and Laws. CHAPTER 2. OF SOVEREIGNTY, JURISDICTION AND LIMITS. AN ACT providing for a Commissioner of the Levy Court and Court of Gumbor- Appeal for Gumborough hundred in Sussex county. oduregdh tHo uhna.v e one Levy CorCortn. - SECTION I. Be it enacted by the Senate and House of Repre- .ststiot sentatives of the State of Delaware in General Assembly me 1 . 2Zorrrg. d to That Gumborough hundred, in Sussex county, shall be enti- appoint tied to, and shall have one commissioner of the Levy Court E:roernsernntssion. and Court of Appeal, and the Governor is hereby authorized eurnitli hteldnext and required to appoint a commissioner of the Levy Court general and Court of Appeal for Gumborough hundred, in Sussex TL`towentit county, who shall hold his office until the next general elec- L.,",yrnartn. tion in the State, when a commissioner of the Levy Court or for said and Court of Appeal sliall be elected for said hundred for the teunetilercetdcr term of four years. for four years. Passed at Dover, 7anuary 27, 1875. CHAPTER 3, Boundary of OF LIMITS. Red Lion hundred enlarged no AN ACT for the extension of the Boundaries of Red Lion hundred, New as to include Castle county. that portion of the town Be it enacted by the Senate and House of Representatives of George's of St. Me State of Delaware in General Assembly met, , and certaln lands hereto. !.:".. fore situated heSreEbCyT IOenNl arIg. edT hsaot atsh et o bionuclnuddaer ya nodf Reemdb rLaicoen whiuthnidnr edsa iids hGuenSodtr rgeeds. CONSTITUTIONAL AMENDMENT. Proposed SECTION 1. Be it enacted by the Senate and House of Rep- amendment to the 17th resentatives of the State of Delaware in General Assembly met, saerfitcin.00ff three-fourths of all the members of each branch of the Legisla- 'Coe Amtionturc concurring herein, That the amendment aforesaid be, of nDelaware and the same hereby is ratified, and the same declared to ratified, be part of the Constitution of the State of Delaware, by way of amendment and addition to the seventeenth section of the second article thereof. Amendment SECTION 2. And be it further enacted, That in any publi- to be incor. porated in cation of the said Constitution hereafter to be made by au- any future publication tnority of law, the said amendment shall be incorporated cofonh:itution. therein as part of the said section and article, by way of ad-dition to said section. Passed at Dover, 7anuary 28, 1875. 4 LAWS OF DELAWARE. LAWS OF DELAWARE. 5 TITLE FIRST. Of the Jurisdiction and Property of the State ; its Leg-islation and Laws. CHAPTER 2. OF SOVER EIGNTY, JURISDICTION AND LIMITS. AN ACT providing for a Commissioner of the Levy Court and Court of Gumbor. Appeal for Gumborough hundred in Sussex county. doruegdh toH uhna.v e one Levy SECTION I. Be it enacted by the Senate' and House of Repre- enc?:LiCcorm. . sentatives of the State' of Delaware' in General Assembly met, authorized to That Gumborough hundred, in Sussex county, shall be enti- appoint tied to, and shall have one commissioner of the Levy Court ffoemsemn its sio n - uor n tt i, thuCttextd and Court of Appeal, and the Governor is hereby authorized :.' and required to appoint a commissioner of the Levy Court Zene.ral and Court of Appeal for Gumborough hundred, in Sussex Tie,:t.10e1;;t county, who shall hold his office until the next general elec- L.Gemvy.S.i.".. don in the State, when a commissioner of the Levy Court er for said and Court of Appeal shall be elected for said hundred for the treljercetdedo term of four years. for four years. Passid at DerPrr , Yannary 27, 1875. CHAPTER 3. Boundary of OF LIMITS. Red Lion hundred enlarged so AN ACT for the extension of the Boundaries of Red Lion hundred, New.s to include Castle county. that portion of the town Be it enacted by the Senate and House of Representatives of oGfe Sotr.g e's, Me State of Delaware in General Assembly met, , and certatn lands hereto. lore situated SECTION 1. That the boundary of Red Lion hundred is IC. hereby enlarged so as to include and embrace within said hun:igr:ci. 6 LAWS OF DELAWARE. CONCERNING LIMITS. hundred, and become part and parcel thereof, all that por-tion of the town of St. George's, together with the lands here-inafter described, being before the passage of this act situated in St. George's hundred. oBfo tuhned dairsietrsi ct SECTION 2. That is to say, The said enlargement or included extension shall begin at a point on the Chesapeake and Del-within the extension, aware canal at the line dividing the lands of John P. Hudson from the lands of John Robson ; thence and with said division line in a southerly direction to the public road leading from Summit bridge to the town of St. George's; thence ;n a north-easterly direction with the middle line of said road to the road leading from Odessa to the said town of St. George's ; thence crossing Said road to the line of the lands of Mrs. Letitia How, being the northern boundary of the road dividing the lands of the said Letitia How from the lands of Mrs. Margaret A. Os-born ; thence and with said line and road to the line dividing the lands of the said M. A. Osborn from the lands of Francis S. McWhorter and Brothers ; thence with the line dividing said lands to Scott's run ; thence down said run to the Ches-apeake and Delaware canal, and thence with said canal and with the original division lines of said hundreds to the place of beginning. Of the asses-ment and SEC TON 3. Be it further enacted, That all taxes now as-cosectio!, sessed against persons or property residing or situated within taxes walun the said the boundaries above described, and hereby established, shall distzict, continue to be collected by St. George's hundred, and ap-propriated as before the passage of this act until the next general assessment, at which time the assessor for Red Lion hundred shall, and is hereby directed, to embrace the above described district and to include in said assessment the per-sons and property therein residing or situated as belonging to Red Lion hundred, and being citizens and part thereof by virtue of this act. Electors residing SECTION 4. Be a further enacted, That from and after the within said district shall passage of this act, that all legally qualified electors residing be deemed ns Red within the above described district, shall, in the exercise of hunderLeidon. the elective franchise, be deemed to be citizens of Red Lion Any present hundred, and shall be admitted to all of the privileges of of within said citizenship therein. elected. [ district shall thhoeld n uenxtti l SECTION 5. Be it further enacted, That any officer of St. General George's hundred who shall or may reside within the district ,FtecP,14 m above described, at the time of the passage of this act, shall ter shall expire, and a continue to exercise the duties of his office until the next ,uccessor general election, when his term shall expire, and a successor shall be be elected. SECTION 7. Be it f2trtIte, enacted, That this act taken and deemed as a public act. Passed at Dover, March I, 1875. CHAPTER 4. OF 1.11111TS. AN ACT to divide Appoquinimink hundred into two hundreds. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Appoquini. SECTION i. That for the purpose of holding the general and special elections, the election of assessors and inspectors, and i1viddo for the appointment of constables,and for such other purposes as );:nared.s. may be necessary to constitute the respective hundreds created pr.ion.pr wo shcsa t by this act, distinct and separate hundreds with all the rights divided. and privileges which may, properly appertain to them as such, Appoquiniminlc hundred in New Castle county shall be and the same is hereby divided into two hundreds by the follow-ing line, to wit : Beginning at the mouth of Blackbird creek Tile dividing and running with said creek and main branch to a bridge in twe' the road leading from the head of Sassafras to Smyrna; thence westerly to the centre of said road to the cross roads known as Dexter's corner ; thence south-westerly with the road leading by Garman's school house ; thence to Cypress Bridge, and thence down said Cypress Branch to the dividing line between Maryland and Delaware. All that part of said hun- Name or dred north of said dividing line shall be one hundred, and shall be called Appoquinimink hundred, and all that part of' huhnedris said hundred south of said dividing line shall [be] the other mrk,4nd hundred ; and shall be called Blackbird hundred. The elec-tion for the said Appoquinimink hundred shall be held in theetini. kilancatal shall be Public act. LAWS OF DELAWARE. 7 CONCERNING LIMITS. SECTION 6. Be it further enacted, That all old boundary boudaiy lines conflicting herewith are hereby vacated and .annulled, lines annull-and any laws conflicting with this act are hereby repealed, es a taenna ta in so far as they are in antagonism herewith. repealed. 8 LAWS OF DELAWARE. Of the assessment and collection of taxes in said hundreds. CONCERNING LIMITS. village of Townsend, in or at the hotel now occupied by James C. Townsend, and the election for the said Blackbird hundred shall be held at Blackbird, at the place now author-ized by law for holding elections in Appoquinimink south Labte aw. aPPli- election district. All laws of this State that apply to hundreds c to , hundreds in New Castle county as stzch,shall apply and extend to the said extended to A .,pc, each of said 1-1.1-' quinimink hundred, and the said Blackbird hundred, as hundreds, separate and distinct hundreds. SECTION 2: That Appoquinimink hundred and Blackbird Of Levy hundred, as formed by this act, shall each have one corn- Court corn- missioner of the Levy Court and Court of Appeal as now provided for by law, and at the next general election to be held in the year A. D. 1878, one commissioner of the Levy Court and Court of Appeal shall be elected for Blackbird hundred, and at the genetal election in the year A. D. 1878, one commissioner of the Levy Court and Court of Appeal Their election, shall be elected for Appoquinimink hundred, as formed by this Proviso. act. But this section shall not be construed to affect in any manner, the office of any commissioner of the Levy Court or Court of Appeal, in Appoquinimink hundred, as now exist. SECTION 3. That Appoquinimink hundred and Blackbird RPa0 'Qin' hundred as formed by this act, shall each have three road massioners. commissioners, and at the next hundred election, in the year Their A. D. 1876, two road commissioners shall be elected for each election, of the hundreds formed by this act, and at the hundred elec-tion, in the year A. D. t878, one road commissioner shall be elected for each of the hundreds aforesaid. But this section Proviso. shall not be construed to affect in any manner the office of road commissioner in Appoquinimink hundred, except, how-ever, that the road commissioner elected in 1874,in each elec-tion district of Appoquinimink hundred, shall, after the hun-dred election aforesaid in the year A. D. 1876, duly exercise jurisdiction in the hundred in which they respectively reside. The road commissioners shall, until after the hundred election aforesaid, in z876,alternately meet in the two hundreds formed by this Act. SECTION 4. That the assessment, levying and collection of taxes in the said hundreds hereby formed by this act, until the month of February, A. D. 1876, shall be made in the same manner as heretofore, and the passage of this act shall in no way impair the right of any collector to complete the collection of duplicates or assessments in his hands for collection, or which may hereafter be placed in his hands for collection in the same manner as if this act had not been passed. Nor shall this LAWS OF DELAWARE. 9 CONCERNING LIMITS. act affect in any manner the liabilities or official bond of any. such collector. SECTION 5. That the Levy Court of New Castle county The Levy oiCnottirtteall, shall, from the assessment of Appoquinimink hundred, in the oar nom:Tit month of March, A. D., 1876, cause a duplicate or assessment mluuninnkdire tileidn k list of the persons and property, real and personal, in Appo-quinimink and Blackbird hundreds, as formed by this act, to gs,:s4,T.etro be made,and the assessment lists so made shall be the assess-formed hundredssy ment lists for the said Appoquinimink and Blackbird hun-dreds as formed by this act, and the taxes,annually, upon the :1,YenTsui° persons and property contained in such lists,shall be collected such lists shall be by the collectors of said hundreds. In making such assessment came& lists and adjusting the same, whenever the lands of any per- wol. tcesreed I by s sons are crossed by the dividing line aforesaid, said lands ,,c4e.dsid shall be included in the assessment of that hundred where the ;:ratieg"ne mansion dwelling house is situated. assessed. SECTION 6. That the constable and trustees of the poor. :CI:cnIstrutates heretofore appointed for Appoquinimink hundred, shall con- of thePo or tinue in office,and act as such, until their respective terms of LI cagetnue office shall expire or become vacant, until termsexpire. SECTION 7. The Levy Court of New Castle county shall, A Pptoi of in the year A. D., 1876, at the proper times and annually trnrue:teeorne thereafter, appoint one trustee of the poor, one collector and one constable for each hundred formed by this act, tacnhotie soPntaeo llone collector for each Passed al Dover, March 9, 1875. hundred. CHAPTER 5. OF PUBLIC LANDS. . low the AN ACT to cede to the United States title to, and jurisdiction ot,er lands kt'a'itteesdty for sites of light-houses, beacons, life saving stations, or other aids to acquire title navigation within the limits of, the State of Delaware, to, .and jurisdiction over, land SECTION I. Be it enacted by the Senate and House of Repre- heLOngliant to sentatives of the State of Delaware in General Assembly met, for the site That whenever the United States shall desire to acquire a titlerasneY,hiht IO LAWS OF DELAWARE. OF PUBLIC LANDS. to land of any kind belonging to this State, whether covered by the navigable waters within its limits or otherwise, for the site of any light-house, beacon, life saving station, or other aid to navigation, and application is made by a duly authoriz-ed agent of the United States, describing the site or sites required therefor, the Governor of the State shall be author-ized to convey such site or sites to the United States, and to cede to the United States, jurisdiction over the same ; Provi- Proviso. ded that no single tract desired for any light-house, beacon, or other aid to navigation shall contain more than ten acres, or for any life-saving station more than one acre. SECTION 2. And be it further enacted, That all the lands, The ceded lands, &c. rights and privileges hereby authorized to be ceded, and all to be exempt the buildings, structures, improvements, and property of every from taxation. kind erected and placed thereon by the United States shall be exempt from taxation so long as the same shall be used for the purposes before mentioned. SEeTioN 3. And be it further enacted, That this act shall in Tim state reserves no manner abrogate or interfere with the jurisdiction and julthiction. right of this State to serve and execute any legal process, civil or criminal, within the limits of any tract of land hereby When the ceded land authorized to be ceded for the purposes aforesaid ; and that gler7tcartte. the title to any land hereby authorized to be ceded as afore-said, shall escheat and revert to the State, unless the con-struction thereon of the light-house, beacon, life saving station, or other aid to navigation, for which it is ceded, shall be com-menced within two years after such conveyance shall be made, and shall be completed within ten years thereafter ; and this act shall take effect from the date of its passage. Passed at Dover, Feb. 9, 1875. LAWS OF DELAWARE. f I OF PUBLIC LANDS. CHAPTER 6* OF PUBLIC LANDS. AN ACT to provide for the relinquishment, ia certain cases, to the United States of title to lands for sites of light stations on the coasts and waters of this State: SEcTioN 1. Be it enacted by the Senate and House y Repre-sentatives of the State of Delaware in General Assembly met, That whenever the United States are desirous of purchasing nc,tanzerntg any tract of land not exceeding ten acres, and the right of arn cdtsi Tnorotrhe way thereto within the limits of this State for the erection of lightgouses, a lighthouse, beacon light, range light or light-keeper's dwell- &c' ing, and thatt the owner or owners are unknown, non-residents or minors, or from any cause are incapable of making a perfect title to said lands, or in case the said owners being residents, and capable,shall,from disagreement in price,or from any cause whatever, refuse to convey said lands to the United States, it shall be the duty of any justice of the peace residing in the Justices of hundred wherein said land or lands is situated, if there be any, if not, then, the nearest justice of the peace residing in the application, county wherein said land is situated, upon the application of USers to the owner or owners of said land, or any agent of the United d"a"m"ag eths.e States, to appoint six judicious and impartial freeholders resid-ing in the hundred wherein said land is situated, who shall, after being duly sworn or affirmed, and due tiotice given to parties interested if their residence be known, go upon the tNh°eE picaer ties said land at the time designated in such notice, and assess the intereMcd. value of said land and the damages which the owner or owners may sustain by reason of their condemnation and appropriation to the United States. It shall also be their Freeholders duty to locate the right of way thereto and assess the damages g741;n:Ve which the owner or owners of the lands on which or over which such right of way shall be located will sustain thereby. The damages said freeholders shall certify their finding and award to both therefor. parties, but if either party be dissatisfied with the valuation and damages so assessed, such party may, on application to the prothonotary of the Superior Court of the State of Delaware in and for the county wherein the land is situated, within :nay 'sntelsouct thirty days after such assessment, sue out a writ of ad quod V°1ad damnum requiring the sheriff in the usual form to inquire ofhwin.m. twelve impartial men of the hundred wherein said land is situated, of the damages aforesaid, and also of the valuation aforesaid, and their report shall be final, which amount, when ti;,Trceelidclys -- fi t So enrolled.. 'This chapter is repealed by chapter 7, current volume, Delaware Laws. md When damages may he deposited in Farmers Rank. United States shall pay the expenses. Proviso. The State reset ves certain jurisdiction. The United States shall maintain fences Amended Code, z874, thaTt er t71 vol. 14, repealed. so assessed, shall be paid by the United States to the parties entitled, capable of receiving the same. And in case any owner of lands necessary for the purposes aforesaid, shall be a minor or non-resident, or for any cause incapable of receiving, or annulling* or neglecting to receive said valuation or dam-ages, the agent or agents of the United States may deposit the amount of said valuation- and damages to the credit of such owner or owners in the Farmers Bank of the State of Dela-ware, subject to his or their otder. The expenses of the assess-ment or assessments aforesaid, shall always be paid by the United States, Provided, however, that no land shall be appro-priated to the United States under this act, upon which there is any burial ground or place of interment. SECTION 2. That the sovereignty and jurisdiction of this State shall extend over any lands acquired by the United States under the provisions of this thist act so far as that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired, or the buildings or structures thereon erected. SEcrioN 3. And be it fur/leer enacted, That the United States shall make a good and lawful fence around the ground so condemned and appropriated as aforesaid, and shall also make a similar fence upon either side of the right of way, and keep the same in good repair. SECTION 4. That chapter 173, vol. 14, Laws of Delaware, published under chapter Ii of the Revised Statutes of the State of Delaware of 1852, as published in 1874, entitled "Of Public Lands" be and the same is hereby repealed, made null and void, the same being supplied by this act. Passed at Dover, Febritaly 19, 1875. *So enrolled. tSo enrolled 12 LAWS OF DELAWARE. OF PUBLIC LANDS. LAWS OF DELAWARE. 13 OF PUBLIC LANDS. CHAPTER 7. OF PUBLIC (.ANUS. AN ACT to repeal the act entitled "An Act to provide for the relinquish- c _urrem ment, in certain cases, to the United States of title to lands for sites of P- "- Light Stations on the coasts and waters of this State" passed at Dover The Act during the present session of the Legislature, on the 19th day of Febru- to Prnv.Ide for the milit-ary, t875, and to re-enact and amend the act repealed thereby. quishment certain cases he United Be it enacted by the Senate and House of Representatives of;),,,t,c,,, the State of Delaware in General Assembly met, That the act triotrie2tLlaorps entitled " An act to provide for the relinquishment, in certain Light cases, to the United States, of title to lands for sites of light =Li:" stations on the coasts and waters of this State" passed at id Dover during the preSent session of the legislature on the ream 19th day of February, 1875, be and the same is hereby re- 7),,,viLF,eb. pealed and that the act entitled " An act to provide for the rrdare.,, relinquishment, in certain cases, to the United States, of title red at to lands for sites of light stations on the coasts and waters 2. 1;rFel'. -of this State" passed at Dover on the 2d day of February(01h.34.)",3nd 187 t, and repealed by the act aforesaid, be and the same is repealed by s,:ittedra t:- hereby re-enacted, revived and restored in its original force,. effect and operation in all its provisions as fully and effectually re-e""cied' as -if the same had not been repealed and substituted by, the act aforesaid ; and that all acts done and all proceedings that have at-any time heretofore been instituted, incepted and corn-,1';'"'s",F. menced, or that may hereafter be instituted and commenced under and purluanf to any of the provisions of it, may be con-tinued, prosecuted and completed pursuant to the provisions of it as they now exist, and as hereinafter amended by this act, as fully and effectually as if it had not been repealed or substituted by the act aforesaid. And also, that the said act to the re-eli. hereby re-enacted and restored in all its original force, effect acted act. and operation as aforesaid, be and the same is hereby amend-ed by adding and subjoining thereto, at and immediately after the conclusion of the first section -thereof, the further follow-ing proviso : And a special jury to assess the value of said st,.!' ry lands, and the damages the owner or Owners thereof will sus- (1..7, tam n by reason of their condemnation and appropriation to the in:grelhy United States, shall be ordered by the Superior Court upon 2,!;'!"Per'" the application of either party to the proceeding for that pur-pose, at their option respectively, instead of empanelling a jury for such purpose as is now solely provided for in said sec-tion ; and the mode of striking or selecting such special jury lie shall be as follows, viz : The party applying for the special ' specia1"1 Jury. jury shall give ten days notice to the opposite party and to 12 When damage.. may he deposited in Farmers Bank. United States shall pay the expenses. Proviso. The State reserves certain jurisdiction. The United States shall maintain fences Amended Code, 1874. E. 19. Chapter 173 vol. 14. repealed. LAWS OF DELAWARE. OF PUBLIC LANDS. so assessed, shall be paid bythe United States to the parties entitled, capable of receiving the same. And in case any owner of lands necessary for the purposes aforesaid, shall be a minor or non-resident, or for any cause incapable of receiving, or annulling* or neglecting to receive said valuation or dam-ages, the agent or agents of the United States may deposit the amount of said valuation and damages to the credit of such owner or owners in the Farmers Bank of the State of Dela-ware, subject to his or their oi-der. The expenses of the assess-ment or assessments aforesaid, shall always be paid by the United States, Provided, however, that no land shall be appro-priated to the United States under this act, upon which there is any burial ground or place of interment. SECTION 2. That the sovereignty and jurisdiction of this State shall extend over any lands acquired by the United States under the provisions of this thist act so far as that all civil and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired, or the buildings or structures thereon erected. SECTION 3. And be it .further enacted, That the United States shall make a good and lawful fence around the ground so condemned and appropriated as aforesaid, and shall also make a similar fence upon either side of the right of way, and keep the same in good repair. SECTION 4. That chapter 173, vol. 14, Laws of Delaware, published under chapter ii of the Revised Statutes of the State of Delaware of 1852, as published in 1874, entitled " Of Public Lands" be and the same is hereby repealed, made null and void, the same being supplied by this act. Passed at Dover, February 19, 1875. '.So enrolled. tSo enrolled LAWS OF DELAWARE. 13 OF PUBLIC LANDS. CHAPTER 7. OF PUBLIC LANDS. AN ACT to repeal the act entitled "An Act to provide for the relinquish- Current vol. ment, in certain cases, to the United States of title to lands for sites of P* I. Light Stations on the coasts and waters of this State" passed at Dover m0 "Act during the present session of the Legislature, on the 19th clay of Febru- to provide for the milit- ary, 1875, and to re-enact and amend the act repealed thereby. quishment in Be it enacted by the Senate and House of Representatives ofcUertntahinfL tct,aoesed s the State of Delaware in General Assembly met, That the act tioitriegittoe.lantii.ds entitled " An act to provide for the relinquishment, in certain Light cases, to the United States, of title to lands for sites of light stations on the coasts and waters of this State" passed at Titste,g Dover during the preSent session of the legislature on the passed ut t9th day of February, 1875, be and the same is hereby re- 47,13'75',eh pealed; and that the act entitled " An act to provide for the rMatirle'uct relinquishment, in certain cases, to the United States, of title rsed at to lands for sites of light stations on the coasts and waters2.78,74Feli. of this State" passed at Dover on the zd day of February, 1871, and repealed by the act aforesaid, be and the same is repealed by hereby re-enacted, revived and restored in its original force,',7,,IStcr effect and operation in all its provisions as fully and effectuallyre-e""4. as if the same had not been repealed and substituted by the act aforesaid ; and that all acts done and all proceedings that have at any time heretofore been instituted, incepted and corn- ',11,v,,l",,11 inenced, or that may hereafter be instituted and commenced under and pur4uani to any of the provisions of it, may be con-tinued, prosecuted and completed pursuant to the provisions of it as they now- exist, and as hereinafter amended by this act, as fully and effectually as if it had not been repealed or substituted by the act aforesaid. And also, that the said act hereby re-enacted and restored in all its original force, effect acted act-. and operation as aforesaid, be and the same is hereby amend-ed by adding and subjoining thereto, at and immediately after the conclusion of the first section thereof, the further follow-ing proviso : And a special jury to assess the value of said i'?e,tc,isaci,,!"rY lands, and the damages the owner or owners thereof will sus- d..;oges tam n by reason of their condemnation and appropriation to the ,TradY. rbe by United States, shall be ordered by the Superior Court upon ',1:',eSLu1icrior the application of either party to the proceeding for that pur-pose, at their option respectively, instead of empanelling a jury for such purpose as is now solely provided for in said sec-tion ; and the mode of striking or selecting such special jury mitlF31., shall be as follows, viz : The party applying for the special==. jury shall give ten days notice to the opposite party and to 14 OF PUBLIC LANDS. Notice of the prothonotary of the said court, of the time and place of the time and . . pIrtce of striking such jury ; at which time and place the prothonotary jsutrriyk.i ng such or his deputy, or if the prothonotary be not indifferent be-tween the parties, then two persons indifferent between the parties, appointed by the court, or any judge thereof, shall at- List of , tend with a list of thirty-six indifferent and judicious citizens jurors to oe fumishml. of the county, qualified to serve as jurors, showing their names and places of abode. The party applying for the spe-cial jury, his agent or attorney, shall first strike out one of said names, and then the opposite party, his agent or attorney, Alternate striking by shall strike out another, and so on alternately until each shall the parties. have struck out twelve. If the opposite party shall not at Manner of striking for tend, nor any person on behalf of such party, or shall refuse :treviniglo,'r to strike, the prothonotary or his deputy, or the persons ap-rei" si"gi° pointed to strike the jury, as the case may be, shall strike for strike. the party not attending or refusing to strike. - After each Who skill he party shall have struck twelve names, the remaining twelve the special persons on said list shall be the special jury to assess the value jury. of the lands in question, and the damages which the party in the case owning them will sustain by reason of their condem-now nation and appropriation to the United States. They shall qualified, be duly sworn or affirmed to perform their duty in the case with justice, fairness and impartiality, before proceeding to Shall make the discharge of it. When made and completed, they shall return to the Court in return their assessment, in writing, duly signed by them, into writing Court ; and all the proceedings under the said act hereby re-enacted and revived as aforesaid, both prior and subsequent to the proceeding by special jury as herein provided for, shall be and remain in all respects as is provided for in the said act last mentioned and referred to, except so far as the same is hereby altered, qualified and amended, and no further ; and in Act to blish puedhe any edition of the laws hereafter published, the same shall be amended as published as hereby amended. And it shall be the duty of The snecial jury shall such special jury to locate and fix the way over the said lands locate the way over the to and from any light house or buildings to be erected there-lands to and on ; and of the United States to erect and maintain good and idaTit.Ut' lawful fences around the said light houses and buildings, and house, &c , The United on either side of the way to and from the same. States shall erect fences, ittc. Passeei at Pony-, Nardi 18, 1875. LAWS OF DELAWARE. LAWS OF DELAWARE, 15 OF PUBLIC LANDS: CHAPTER 8. * OF PUBLIC LANDS. AN ACT to provide for the relinquishment, in certain cases, to the United States, of title to lands for sites of Light Stations on the coasts and waters of this State. SECTION 1. Be it enacted by the Senate and House of Rep- chtndneinernt resentatives of the State of Delaware, in General Assembly met, That whenever it shall be made to appear to any iigninTigusek Superior Court of this State, or any judge thereof, in vaca-tion, upon the application of any authorized agent of the United States, that the said United States are desirous of pur-chasing any tract of land,not exceeding ten acres, and the right of way thereto, within the limits of this State, for the erec-tion of a light-house, beacon-light, range-light, or light-keep-er's dwelling, and that the owner or owners of said lands are unknown, non-residents, or minors, or from any other cause are incapable of making a perfect title to said lands, or in case the said owners being residents and capable of conveying, shall, from disagreement in price, or from any other cause whatever, refuse to convey said lands to the United States, it _shall be the duty of the Superior Court in and for the county Notice of in which the lands so designated to be purchased are situated iveica tton or of any judge thereof in vacation, to order notice of the said Neti,!poi,epderlia application to be published in one or more newspapers of the State, once in each week for the space of four months, which notice shall contain an accurate description of the said lands, together with the names of the owners or supposed owners, How long. and shall require all persons interested in the said lands to What to appear at the next term of the Superior Court for the county contain Objections to after the expiration of said notice, on a day to be specified in be filed said notice, and file their-objections, if any they have, to the Jury proposed purchase ; and at the time specified in said notice it shall be the duty of the said Superior Court to empanel a jury to assess the value of said lands, and the damages the owner or owners thereof will sustain by reason of their con-demnation and appropriation to the United States ; whichari'u Lot amount, when so assessed, together with the entire costs ofle.,redm said proceedings, shall be paid into Court, to be deposited by the Court to the credit of the owner or owners in the Farmers Order direct-Bank ; and thereupon the said Superior Court shall make an ienxgc eSnhteerdieffe ttot order directing the sheriff of the county to execute to the United States, and deliver to their authorized agent, a deed -if said lands, reciting the proceedings in the case, which said This chapter comprises chapter 173, vol. 14 ns revived, re-enacted and amended by chapter 7 of current volume, Delaware Laws, and is published in accordance with the provisions of said chapter 7. 16 LAWS OF DELAWARE. OF PUBLIC LANDS. Proviso. deed shall convey to the United States a valid title to the said lands against all persons whatsoever : Provided that no land shall be appropriated to the United States, under this act, Special jury upon which there is any burial ground or place of interment. to aSSCSS And a special jury to assess the value of said lands, and the damages may be damages the owner or owners thereof will sustain by reason ordered by the superior of their condemnation and appropriation to the United States, Court. shall be ordered by the Superior Court upon the application of either party to the proceeding for that purpose, at their op-tion respectively, instead of empanelling a jury for such pur-sh, 124,1, pose as is now solely provided for in said section ; and the special jury. mode of striking or selecting such special jury shall be as fol- Notice or lows, viz : The party applying for the special jury shall give the time and pt ace o( ten day's notice to the opposite party and to the prothonotary strikini"""cil of the said court, of the time and place of striking such jury jttry. at which time and place the prothonotary or his deputy, or if the prothonotary be not indifferent between the parties, then two persons indifferent between the parties appointed by the to be court, or any judge thereof, shall attend with a list of thirty-six indifferent and judicious citizens of the county, qualified to serve as jurors, showing their names and places of abode. Alternate The party applying for the special jury, his agent or attorney, striking by , the parties. snail first strike out one of said names, and then the opposite sMtraikninnegr foofr party, his agent or attorney, shall strike out another, and so a party not on alternately until each shall have struck out twelve. lithe attending, or refusing to Opposite party shall not attend, nor any person on behalf of strike, such party, or shall refuse to strike, the prothonotary or his deputy, or the persons appointed to strike the jury, as the case may be, shall strike for the party not attending or refusing to strike. After each party shall have struck twelve names, %:,!'",itqlIthe the remaining twelve persons on said list shall be the special jury. jury to assess the value of the lands in question, and the dam-ages which the party in the case owning them will sustain by Hon reason of their condemnation and appropriation to the United qualified. States. They shall be duly sworn or affirmed to perform their Shall make duty in the case with justice, fairness and impartiality, before return to the proceeding to the discharge of it. When made and completed, writing they shall return their assessment, in writing, duly signed by them, into court ; and all the proceedings under the said act hereby re-enacted and revived as aforesaid, both prior and sub- ;11.. sequent to the proceeding by special jury as herein provided 12,::;% for, shall be and remain in all respects as is provided for in the i:`Zirs 0, said act last mentioned and referred to, except so far as the laigndh tf rohmou saen y same is hereby altered, qualified and amended, and no further. itc And it shall be the duty of such special jury to locate and fix The United States shall the way over the said lands to and from any light-house or e"" re"""' buildings to be erected thereon, and of the United States to erect and maintain good and lawful fences around the said LAWS OF DELAWARE. 17 OF PUBLIC LANDS. light-houses and buildings, and on either side of the way to and from the same. SECTION 2. That the sovereignty and jurisdiction of this State State shall extend over any lands acquired by the United =Ir. States under the provisions of this act so far as that all civil 1"n`dtc"" and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquir-ed, or the buildings or structure thereon erected. Passed at Dover, February 2, 1871. Repealed, February 19, 1875. Revived, re-enacted and amended, klarch r8, 1875. CHAPTER 9. OF THE PASSING AND PUBLICATION OF LAWS AND OF JOURNALS. AN ACT to revive and extend the time for recording private acts. Amended t 874, WHEREAS, by chapter 4, section 3, of the Revised Statutes Preamble of the State of Delaware, it is provided that private statutes, (namely, such as are not of a public nature or published as such) shall be recorded in the recorder's office in one of the counties of this State, within twelve months after their passage, or they shall be void, and, WHEREAS, a number of the private and unpublished acts heretofore passed, have been allowed to become void through ignorance of the aforesaid enactment, therefore, for the purpose of relieving the parties interested, of the embarrassments and disappointments arising from such neglect in the premises, therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Private At: th SECTION 1. That all unpublished acts heretofore passed, rveeer d which have not by special acts been repealed, and that have be-come void on account of not being duly recorded, in compli- LAWS OF DELAWARE. CONCERNING THE PUBLICATION OF LAWS. ance with the provisions aforesaid, be, and the same are hereby severally renewed and re-enacted, and together with the pro-visions therein contained, are respectively declared to be in full force ; and all acts and transactions done and performed under the provisions of said acts respectively, shall have the same force and effect, and be as valid to all intents and purposes as if the said acts had been severally recorded according to law Provided, That this enactment shall not take effect in the case of any act that has become void, as aforesaid, until a certified copy thereof, procured of the Secretary of State, shall be duly recorded in the recorder's office of one of the counties of this State ; And provided further, That no such copy of a voided act shall .he received for record after the expiration of one year from the passage of this act. Public Act SECTION 2. This act shall be deemed and taken to be a public act, and published as such. Passed al D9ver, Feb. 8, 1875, 18 Proviso. Further Proviso. LAWS OF DELAWARE. tg TITLE SECOND. Of the Public Revenue, and the Assessment, Collection and Appropriation of Taxes. CHAPTER to. OF THE REVENUES OF THE STATE. AN ACT to amend the 3rd Section of the 24th Chapter of the 14th Vol. of volume the Laws of Delaware. 37, Sec. 3. of chap. 24. WHEREAS, It is unjust that where lands; the subject of a avm°1eunnaTai.4 mortgage, happen to lie in more than one county, a State tax Preamble. should be paid in each county upon recording said mortgage. To remedy which, SECTION I. Be it enacted by the Senate and House of Rep-resentatives, in General Assembly met, That section 3 of. chapter 24, of volume 14, of the Laws be amended by adding rue.coortr.gdaNin to the third sentence of said section these words : "Provided, more than That where it shall be necessary to record the same mortgage ,I/V:ticItY in more than one county, no state tax shall be payablerid in except to the recorder of the county in which it is, or was, :niynZ' cwoil first lodged for record, and the receipt of the said recorder veyfi or his indorsement on the back of said mortgage showing the bedcgregror payment of said tax to him, shall be sufficient evidence of 'Receipt, &s. such payment. eovf idreecnocred eorf, payment. SECTION 2. And be it further enacted, That in any edition raled of the laws, hereafter to be published, the said chapter shall gmendea be printed as hereby amended. Passed at Dover, February 3, 1873. 20 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. CHAPTER if.* OF THE REVENUES OFFHE STATE. AN ACT taxing manufacturers, and for other purposes. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Any perwm, association, SE. (._ toN 1. That every individual, association of persons. COruLtage,L w,. c pora- firm or corporation engaged as owner or owners in the pro-in and duction or manufacture, by hand or machinery, of goods, wares desiring to continue or merchandise, or of any article or material, or any combina- Tgaprmodm'i" don or composition of any articles or materials of every nature tion or and substance whatsoever, except the usual farm products for manufacture, of good,. home consumption or market purposes, and desiring to con- Zrcerat tinue in said production or manufacture, shall annually here-shallorinual- after, on or before.the first day of June, take out a license to lv, on the first of June engage in said production or manufacture, for which such indi-take out vidual, association of persons, firm or corporation shall pay, for the use of the State, the sum of five dollars to the clerk of the peace of the county in which such individual, association of persons, firm or corporation is engaged and desires to con-tinue engaged in such production or manufacture ; and every be amonnt such individual, association of persons, firm or corporation .1 to be paid shall, on or before the said first day of June,annually,hereafter, before taking out said license, file with the said clerk of the Shall tile with clerk of peace a true statement of the aggregate cost value of all the the peace of goods, Ivares and merchandise, and of all articles and materi- statement cost value aals, of every nature and substance whatsoever, which such goods d individual, association of persons, firm or corporation shall have produced or manufactured as aforesaid during the year immediately preceding the date aforesaid. The said state-ment shall be verified by the oath or affirmation of such indi- StateMeot vidual, or one member of such firm or association of persons, '''6,11.1 or of the president or other presiding officer of such corpora- oy oath . 31)1r 164M bon, that such aggregate cost value does not exceed the sum named, and the said oath or affirmation may be taken before WI. MUM , any person who, by the laws of this State, is duly authorized slatellient to administer the same. In the said statement the said aggre-shall consist .,f gate cost value shall consist of the original cost value of the raw material before it is manufactured, together with all the costs incurred, and money expended in producing and manu- , he am,a facturing the same. Every such individual, association of per- "' beh1 ""' sons, firm or corporation, so as aforesaid engaged and desiring and wen, and to to continue engaged in said production or manufacture, shall, wl chapter comprises chapter 24 of voltam,. 14, as ,oppletneotol by t hapter 31,4 or solunm and as amended by ,luipter of 'meat vo/uMe, and i pi/Wished 0 ,,cordall,:e us ill, sectiuui / said chapter to. LAWS OF DELAWARE. 21 CONCERNING THE PUBLIC REVENUE. on or before the said first day of June, annually, before taking out the said license, pay to the said clerk of the peace, for the use of the State, in addition to the above named sum of five dollars, the further sum of one dollar on the amount of said aggregate cost value, if the amount of the same does not exceed one thousand dollars, or if it does exceed that amount, then the sum of ten cents for each one hundred dollars of such cost value of such production or manufactures. The license The license tpiarcoentone shall authorize the production or manufacture of goods, wares, merchandise, or of any article or material, or any combination ""eYe"r* of any article or material, only at one place, and for only one concernin year from the first of June. In case any individual, associa- ,1r 10g tion of persons, firm or corporation desires to be engaged as Ine.sgtarignegi nto owner or owners in such production or manufacture, he, she or they not having been engaged in said production or manu-facture during the year immediately next preceding, shall, be- Shall take fore commencing such production or manufacture, take out a license for the six months thence next ensuing, first paying to the said clerk of the peace the sum of five dollars, and at the expiration of the said six months, he, she or they shall obtain ktir'etiT another license which shall be valid until the first clay of June rzninder following, upon his, her or their filing with the said clerk of the peace a true statement verified by oath or affirmation as .mt asi t emnii t of aforesaid of such individual, or one member of such associa-;;;agat tion or firm, or of the president or other presiding officer of turn ip pre: such corporation, of the aggregate cost value of all the pro-;Zn:P,Vtl: ductions or manufactures so as aforesaid produced, made and cbleerf4ledoiw. ith manufactured by such individual, association of persons, firm the Peace. or corporation, the next preceding six months ; such individ-ual, association of persons, firm or corporation paying to the Am.flt. said clerk of the peace, for the use of the State, the same hepsid to taxes as aforesaid, rated in proportion to the time duringtp.d,Lcc.croaef . which said last mentioned license shall be valid : Provided, That property so made or manufactured as aforesaid, not ex- rived r , ceeding in each year the value of five hundred dollars, shall arr be exempted from the payment of said tax and license : .4 nd provided further, That no individual, association of persons, r.kinsg out firm or corporation, having paid the said tax imposed upon under this them under this act, shall be liable to the payment of the tax i;ble or taxes imposed upon individuals, associations of persons, for siIig firms or corporations engaged in, or desiring to engage in, the business and occupation of purchasing and selling goods, wares, The oee,, merchandise, produce and property. That this section shall itsaorird be held to include persons, associations of persons, firms or!..i. corporations engaged as owners or principals in the following included. occupations and kinds of business Makers of agricultural implements. 20 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. CHAPTER II.* Olt"rHE REVENUES OF THE STATE. AN ACT taxing manufacturers, and for other purposes. Be it enacted by tile Senate and House of Representatives of the State of Delaware in General Assembly met, .",Z SEcrlux I. That every individual, association of persons, firm or corporation engaged as owner or owners in the pro- win engaged in and duction or manufacture, by hand or machinery, of goods, wares desiring In COlitintie or merchandise, or of any article or material, or any combina-ch" gam'Adi" tion or composition of any articles or materials of every nature don or and substance whatsoever, except the usual farm products for manufacture or goods, home consumption or market purposes, and desiring to con-tinue in said production or manufacture, shall annually here-s,." all,an,,"'"1- after, on or before.the first day of June, take out a license to dr.im,11,,n,, engage in said production or manufacture, for which such indi-take out hcense vidual, association of persons, firm or corporation shall pay, for the use of the State, the sum of five dollars to the clerk of the peace of the county in which such individual, association of persons, firm or corporation is engaged and desires to con-tinue engaged in such production or manufacture and every such individual, association of persons, firm or corporation he amount to be paid shall, on or before the said first day of June,annually,hereafter, before taking out said license, file with the said clerk of the Shan with clerk of peace a true statement of the aggregate cost value of all the the pe,agococ es, ,w are, s and merchandise, and of all articles and mated-cost val.fals, of every nature and substance whatsoever, which such gocids produced individual, association of persons, firm or corporation shall have produced or manufactured as aforesaid during the year immediately preceding the date aforesaid. The said state-ment shall be verified by the oath or affirmation of such indi-st, e,tvidual, or one member of such firm or association of persons, be vuriti.1 or of the president or other presiding officer of such corpora-tion, that such aggregate cost value does not exceed the sum named, and the said oath or affirmation may be taken before any person who, by the laws of this State, is duly authorized to administer the same. In the said statement the said aggre-gate cost value shall consist of the original cost value of the raw material before it is manufactured, together with all the costs incurred, and money expended in producing and manu- I be facturing the same. Every such individual, association of per-t";'' 1a" 'id sons, firm or corporation, so as aforesaid engaged and desiring ant, wen, and to to continue engaged in said production or manufacture, shall, by oath or affirmation What ,11,11 Stateinerit shall Lit II', chapter comitrises chapter 44 uf %ohmic 14, as upplemented by I battier 364 of s olume and, amended by haute; 1 of orient ..ohttne, and is published in Accottlalicr section 7 of said hapter act. LAWS OF DELAWARE. 21 CONCERNING THE PUBLIC REVENUE. on or before the said first day of June, annually, before taking out the said license, pay to the said clerk of the peace, for the use of the State, in addition to the above named sum of five dollars, the further sum of one dollar on the amount of said aggregate cost value, if the amount of the same does not exceed one thousand dollars, or if it does exceed that amount, then the sum of ten cents for each one hundred dollars of such cost value of such production or manufactures. The license pc license shall authorize the production or manufacture oi goods, wares, Lr, con. Irmo n e merchandise, or of any article or material, or any combination one year. of any article or material, only at one place, and for only one conc year from the first of June. In case any individual, associa- g tion of persons, firm or corporation desires to be engaged as :Inesglarigneginto owner or owners in such production or manufacture, he, she :tit:rt.:Ind:Ic-or they not having been engaged in said production or manu-facture during the y'car immediately next preceding, shall, be- shall take fore commencing such production or manufacture, take out a ff,ourtIccuse license for the six months thence next ensuing, first paying to mor;Ii.s. the said clerk of the peace the sum of five dollars, and at the expiration of the said six months, he, she or they shall obtain kiircethee another license which shall be valid until the first clay of June ,r.er nytaci,nrd r following, upon his, her or their filing with the said clerk of otasttegriet the peace a true statement verified by oath or affirmation as aforesaid of such individual, or one member of such associa-tion or firm, or of the president or other presiding officer of t.tirep pre: such corporation, of the aggregate cost value of all the pro-ductions or manufactures so as aforesaid produced, made and chieerfileocl. with manufactured by such individual, association of persons, firm thc pence. or corporation, the next preceding six months ; such individ-ual, association of persons, firm or corporation paying to the Am.o said clerk of the peace, for the use of the State, the same IT paid to taxes as aforesaid, rated in proportion to the time during ct hi:7hp coafcc. which said last mentioned license shall be valid : Provided, That property so made or manufactured as aforesaid, not ex- rived .d ceeding in each year the value of five hundred dollars, shall Ziarr: be exempted from the payment of said tax and license : And7,e,;,n,P,Le provtded Arther, That no individual, association of persons, riTig not firm or corporation, having paid the said tax imposed upon undercthis them under this act, shall be liable to the payment of the tax or taxes imposed upon individuals,. associations of persons, r.orTniks firms or corporations engaged in, or desiring to engage in, the business and occupation of purchasing and selling goods, wares, .Ihe occupa-merchandise, produce and property. That this section shall t7saorird be held to include persons, associations of persons, firms or business corporations engaged as owners or principals in the following Included. occupations and kinds of business Makers of agricultural implements. inimmoimp, 22 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. Manufacturers of phosphates and other fertilizers, and of lime. Manufacturers of cigars, tobacco and snuff. Makers or builders of railroad cars. Manufacturers or builders or makers of carriages, velocipedes and sleighs. Wheelwrights. Ship carpenters or builders or repairers of sailing or steam vessels or boats of every description. Sail, tent, awning or bag makers. Coopers. Turners of wood, iron, brass, or other materials. Millers, including flour, bark, grist and saw-mills, except mills doing custom work exclusively, the toll of which does not exceed five hundred dollars a year. Box-makers. Undertakers, cabinet-makers, upholsterers. Manufacturers of molding, window-sash, doors, shutters, blinds, and makers of picture-frames. Machinists, boiler-makers and car-wheel manufacturers. Founders of brass, iron, steel and other metals. Manufacturers of iron. and articles made of iron, brass, steel, copper, tin and other metals. Contractors for building houses, bridges, railroads, &c. Manufacturers of steam engines, locomotives and repairers of machinery, mechanical implements and machinists' tools. Manufacturers of gunpowder. Manufacturers of cotton, wool and linen, and other textile or felted fabrics, and hoop skirts. Manufacturers of matches. Manufacturers of hardware and cutlery. Manufacturers of boots and shoes, hose, belting or other articles composed wholly or in part of leather, gum or gutta percha. Manufacturers of jewelry, watches and clocks. Merchant tailors and manufacturers of ready-made clothing, not including clothes made of material furnished by custom-ers. Tanners and manufacturers of morocco and other leather. Distillers, brewers and vinegar manufacturers. Gas manufacturers. Manufacturers of steam and gas fixtures. Plumbers, soap and candle makers. Bakers, candy and confectionery makers. Paper makers, blank book manufacturers, book binders and printers. Hatters and furriers. Manufacturers of spice and chocolate LAWS OF DELAWARE. 23 CONCERNING THE PUBLIC REVENUE. Rope, cordage and block and tackle, spar and pump makers. Potters, and persons engaged in the manufacture or making of brick and tile. Manufacturers and refiners of coal oil or petroleum, and oils of every other description. Manufacturers of articles made of stone or marble. Canners of fruit, vegetables, meats, fish and oysters. Manufacturers of quercitron bark, corn-husks and sorghum. Manufacturers of baskets and peach and berry crates, kind-ling wood. Manufacturers of barrel staves and headings. Manufacturers of drugs and chemicals. [Manufacturers of] surgical apparatus, including trusses, supporters, false limbs and bandages. Glass manufacturers and cutters. Manufacturers of teeth. Carvers, engravers, sculptors, painters, toy inakers. Manufacturers of blacking, and writing fluids. It shall be the duty of the clerk of [the] peace of the re- Clerk of the spective counties of this State, to cause public notice to be given, in at least two of the newspapers in the county of the =Clei':f the clerk's residence, for one month preceding the ist day of June, ftlienofou in each and every year, of the time when the persons who are iie,:mts. required to take out a license under the act to which this is a e3m6Appropria-t supplement, shall procure such license. The Levy Courts of the respective counties shall make the Vol. 14. proper appropriation to pay for the giving of such notices. 1011. SECTION 2. That if any individual, association of persons,! firm or corporation, shall engage, as owner or owners, in the i ng without license. production or man ufacture,by hand or machinery,of said goods, wares and merchandise, articles or materials, within the limits of this State, without obtaining, at the time or times above mentioned, a proper license therefor, and without paying the tax aforesaid, he, she or they, and the individualscomposing such firm or association of persons, and each of them, and the president and directors, and each of them, of such corporation, for every such offence shall be deemed guilty of a misdemean-or, and upon conviction thereof by indictment, besides being liable to the payment of said taxes, *a fine not exceeding five hundred dollars. SECTION 3. The officers hereinafter mentioned are hereby, Fees ror the authorized and required to demand and receive, in addition to, Zlet°CfrOtrhe the fees heretofore required by law, the following sums for and ilroCeSs. on account of the State, which shall be prepaid by the parties ' So enrolled. 24 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. applying for the process or service mentioned, and which sum shall be taxed in the bill of costs, to abide the event of the Clerk of the Court of suit, and be paid by the losing party. The clerk of the.Court En-ors and oir Error and Appeals shall demand and receive for every writ appeals. of error issued out of said court, and for every appeal entered Recorder rin said court, the sum of five dollars. The recorder of deeds Deeds, shall demand and receive for every deed recorded, fifty cents, and for every mortgage, fifty cents for every five hundred dol-lars or fractional part of five hundred dollars secured thereby, and on every other instrument of writing recorded, except mortgage recorded in marriage returns, fifty cents, Provided, that where it shall be more than one county necessary to record the same mortgage in more than one not to be paid in each county, no State tax shall be payable except to the recorder of coulynty., but the county in which it is or was first lodged for record, and the on tn county. receipt of the said recorder or his indorsement on the back of egrL nr.srt -,- said mortgage showing the payment of said tax to him shall be record. Receipt &c. sufficient evidence of such payment. The several registers of or recorder. wills shall demand and receive for the probate of a will and evid ence of paytpent. letters testamentary thereon, the sum of fifty cents, and for RegIster of granting letters of administration the sum of fifty cents. Every wills. Register in register in chancery shall demand and receive for every sub-chmwery pcena issued upon the filing of any bill of complaint or petition and on every summons issued in partition, the sum of one dollar. Th,,,ffic, SECTION 4. The clerk of the Court of Errors and Appeals, ever), thr" the recorders of deeds, the registers of wills and registers in montas to make chancery, shall, on the first day of July next after the passage returns of this act, and at the expiration of every three months there-after, make returns to the State Treasurer of all sums in their hands, received under the provision of this act, belonging to the State, with a full statement, in writing, setting forth the sources from which such amounts have been received, and shall verify such statement by oath or affirmation, made before some person authorized by the laws of this State to administer the same, and shall pay over to the State Treasurer at the time of making such return, all such sums as shall respectively be due from them to the State, less one per cent-urn on such amounts, which they are hereby authorized to retain as compensation for the services rendered under this. act. Chapter -a,. of volume 13, e.xcepi certain sections. repealed SECTION 5. That all of chapter 390, of volume 13, of the Laws of Delaware, entitled "An act providing revenue for this State" passed at Dover, April 8th, 1869, after the enact-ing clause of said chapter, except sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of said 390, in relation to collateral LAWS OF DELAWARE. 25 CONCERNING THE PUBLIC REVENUE. inheritances, distributive shares and legacies, be and the same is hereby repealed, made null and void : Provided the said saving chapter 390 aforesaid, shall remain in full force and virtue as cilgarnes t against the collectors named in said act, until the said collec- collector and tors shall pay over to the State Treasurer all sums in their; T.letaesurer. hands, which they may have collected under the provisions of said act, or until they shall collect and pay over to said State Treasurer all sums, or taxes, upon the duplicates now in their hands, and that the official bonds of said collectors shall remain in full force and virtue until the said sums of money or taxes are paid over to the said State Treasurer, as afore-said : and provided further, That the additional bond of the said State Treasurer to the State, as is provided for in said chapter 390, shall hereafter remain in full force and virtue as though said act had not been repealed, and that the said State Treasurer shall duly account, according to law, for all moneys and taxes paid over to him by the collectors aforesaid. SECTION 6. If any clerk of the Court of Errors and Appeals, Penalty for recorder, register of wills, or register in chancery, shall Lety'eocri neglect or refuse to make the returns required by this act, or °aka.. shall neglect or refuse to pay over to the proper officers the amount in their hands respectively, belonging to the State, for a period of ten days after such payment should have been Made, such officer so in default shall pay to the State double the amount so by him received, and the Attorney General shall immediatly sue for the same, and such defaulting officer shall be guilty of a 'misdemeanor in office, and upon convict-ion thereof, shall be removed from office by the Governor, upon the application in writing of the Attorney General. Passed at Dover, March 30, 1871. Supplement, March 31, 1873. Amended, February 3, 1875. 26 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. CHAPTER 12. OF THE REVENUE OF THE STATE. volume 14, AN ACT to alter and amend the "Act entitled an Act to raise revenue for 32. State and County purposes." Passed at Dover, March 3oth, 1871. Be it enacted by Me Senate and House of Representatives of the State of Delaware in General Assembly met,1 Chapter az of volume 14 SECTION I. That from and after the passage of this act it amended. Certain shall not be lawful for any assessor in this State to assess, arnnocilgtrcers and no tax shall be levied and collected on, any debt or debts investments due from debtors residing in this State, secured by, or due on to be exempt from judgment, decree, recognizance, mortgage or bond for any taxation, purpose whatever. SECTION 2. And be it further enacted, That this act shall Certain not apply to, nor exempt from, taxation,any bonds,mortgages mortgages &c. not to or any other obligation due or owing from any incorporated bfer eoxemmptc ompany in this State, from any taxation whatever, and all taxation. Inconsistent acts and parts of acts inconsistent with this act, be, and the acts same is, *or are, hereby repealed. repealed. Passed at Dover, February 9,1875. CHAPTER 13. CONCERNING OYSTERS. AN ADDITIONAL SUPPLEMENT to the act entitled "An Act in relation to Oysters." SECTION i. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware in General Assembly met, Oyster boats That all oyster boats used or engaged in planting or dredging shall be retired for oysters under the legislation of this State, passed at the Sessions of 1871 and 1873 shall not only be retired from their When, box. occupation or business at or before sunset, but shall be taken within the land by that time, if the wind and tide will allow, :5,) COrtIlled Amended Code, 1874. 47. LAWS OF DELAWARE. 27 CONCERNING THE PUBLIC REVENUE. and no accident prevent ; and it shall be the duty of the col- Duty of lector under the oyster law, and the captain or person for the :117: time being in charge of the watck-boat, to see that they are law. so retired within the land. And if any such boat is not so retired, it shall be the duty of the said collector and captain mccegedit.g to ascertain her name, and at once proceed before a justice the peace of Kent county to enforce the penalty herein pro0f-1 efje.nus.Pet,1 caocuenlotyt . vided. A signal for retiring shall be given from the watch- sreirrinnigtbsrhan boat ; and when that is shown, there shall be an end until preertivtri: sunrise next day (not Sunday) of all work upon the oyster watch.i.t. plantations or upon the public beds ; such signal shall be the lowering of the watch-boat's flag. This flag shall be of Navy-01;.7greireliA,ea blue bunting, six feet by four in length, with a diamond of and mannerg white in the centre, having a diameter of two feet between the points farthest apart, she shall always wear it at her main- Duty .4 the topmast head during the working hours, and she shall never watch-boat. leave the planting grounds, but shall 'cruise up and down the same, if the wind will allow, except when she is compelled by floating ice, severe stress of weather, accident or want of re-pairs or supplies from remaining in the bay, it being the design 1Jcig of of passing this act, as it was of passing prior acts, that honest act. parties who plant oysters under the shield of the State author-ity, shall be protected in the rights which were intended, or are hereby meant,to be secured to them; and that offenders against such authority shall be brought to condign punishment. SECTION 2. And be it further enacted, That the penalty for ;,,dit! for violation of the provisions of the first paragraph of the pre-ceding section one, shall be as follows : First, the annulment, krercation and revocation of any license the owner of such boat may " e. have, after which, in case he plant or dredge he shall be treated as all mere depredators are under the oyster law. Second, the porfeiture of boat itself and all her tackle, apparel and furniture and equip- oyster boat, ments shall be forfeited to the State,wroceedings to enforce tak,,IL'.;,1r which, shall be as hereinafter provided. Third, the owner ofcliei'avetifigirnecapa-said boat shall not be permitted to take out any license of any kind under the aforesaid law for two years next after such !t:ez,sce,,froz violation. SECTION 3. And be it further enacted, That the proceedings Form of before a justice of the peace to enforce the provisions of this acr7da'ngs act, shall be in the name of the State against.the owner, and tJh"es tiPceen "cfe . be commenced by writ in this form KENT COUNTY, SS. THE STATE OF DELAWARE, To the Collector under the Oyster Law, greeting. We command you that you summon ( the name of the owner) Writ 28 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. to be and appear before (the name of the' Yustice) one of our justices of the peace of said county at his office at in Hundred, at o'Clock, (A. N. or P. PI, as the case may be) on the 'day of (instant ot next as the ease may be) to show cause if any he have or can show, why his license under the " Act in relation to Oysters" and the other legislation connected therewith shall not be annulled, and his boat the (name of boat) and her tackle, apparel, furni-ture and equipments, forfeited to the State for an alleged vio-lation of an act passed at the session of 1875, entitled " An additional supplement to the act entitled ' An act in relation to Oysters.' Witness my hand and seal this day of A. D. is (Name' of 7 { - nstice) J. P. SEAL. .--r-..--- r It shall be the duty of the collector, who is hereby clothed Collector to execute the with the necessary authority for that purpose, to serve and writ o make due return of said process. Service upon the boat e - Service f writ. owner shall be sufficient, if made upon any adult person having How md such boat in charge, or employed in her, if the owner be not on board. If no one be on board, a copy of the writ may be nailed to her mainmast, and that shall be sufficient service. And further, the boat itself shall be seized into the hands of the collector and kept until the hearing, and afterward until the sale, if judgment of condemnation be given. The time Rein. of for return of the writ shall not be over three clays from the rit date of its issue, and the time for appearance shall be the day Appear:on e of the return ; but if three days' notice have not been given, Adjourn- the justice may adjourn the hearing for three days and from ment of time to time, not over two weeks, to have due service and give hearing the defendant a fair trial. If cause be not shown, the justice Judgmr,., f shall render a judgment annulling and revoking the license or revoratum and for- licenses of the defendant, and also of forfeiture of his boat feiture. dings and her tackle, apparel, furniture and equipments, which shall Procee for sale of be sold by a constable, upon an order of the justice, to the boat. tackle, &c by highest bidder for cash, on ten days' notice in the hundred Defendant where the condemnation of forfeiture takes place, by five pub-may appeal lic advertisements fairly posted. The defendant, by giving se- tt) Ihc Sti perim (Aunt curity, as appellants do in other cases before justices of the within ten days after peace, may take an appeal to the Superior Court, provided he Judivt.e.t. apply for the same within ten days from the time when judg- upon yivm necurit). ment was rendered, and also give security in the full value of the forfeited property, such appeal, however, shall be no re- LAWS OF DELAWARE. 29 CONCERNING THE PUBLIC REVENUE. storation of the license, which shall be inoperative and sus- Appeal not pended until the case is finally decided in favor of the defend- fiocernessteore ant. And in all cases of appeal hereafter taken under the act idr "s ed to which this is a supplement, the license held by the defend- during peedn - appeal. histhe ant shall be suspended and inoperative, until a final decision in his favor in the Appellate Court, but in every case of appeal, Status and pending proceedings therein, the plantation of a defend- plantation ant shall be under the protection of the law, as public oyster dpeu-nIn?gs.. acy of beds are, to be restored to the defendant if the judgment be in appeal. how effect annulled or reversed, but not otherwise. Said judgment i!ald shall carry costs. If the proceeding fail, the costs shall be paid ISzczef:ifiling f by the collector out of the public money in his hands. The maylir usedfor form of proceeding mentioned in this section, may be used in violations of any case of breach of the provisions of this act, or of the attets.oyster original act and its other supplements, adapting it to the na- Plan tation tirarnIrtees ture of the offence. Suspension of right to SECTION 4. And be it further enacted, That where a planta-plantation tion license has been issued and a plantation appropriated, and dispose the fee for any year is in arrear, no right to dredge or dispose uln til pay: esut of such of said plantation shall exist until all the back fees are paid r up ; and no sale or disposal of an oyster plantation or right to rdl."ps"slaci"rf dredge it or plant upon it, shall be valid until first approved by plag tatiron or the collector, who shall not give his approval, if, in his judg-:.. 11!ed4.ag or ment, it will be prejudicial to the interests of the State, or of Pla""" t hereon mita planters whose plantations lie in the neighborhood. approved by Lt::tallie,cpt,7,rven:ot SECTION 5. And be it further enacted, That no boat what-ever, shall be allowed to work until her owner has complied :sluilZIL. with the law in regard to wearing her number of legal dimen- work until her ttuttther sions upon her mainsail ; and if she attempt to do*. she shall f1.,17,-pon be seized by the collector or captain of the watch-boat, and held until her number is painted upon her sail ; and no corn- trV."ai. fur pliance with the law with respect to number shall be adequate, unless such number be painted upon the mainsail ; nor with respect to the letter designated in her license (according to section 4 of the original act) unless such letter be painted the SECTION 6. And be it further enacted, That it shall be the iT,!t7roer'. duty of the person for the time being in charge of the watch ILL7g1o; nfl boat, to report at once to the collector, all violations of this ,`,`,'n,erci,}:,-,.1;"aT act, or those passed at the sessions of 1871 and 1873, in rela-tion to the general subject ; and a failure to do so shall be a :` ,.,et:o. .yster forfeiture of any wages that may be due him ; and further, he Pecg"t,c,',ff"r shall not be allowed any longer to have charge of the watch- duty. boat, and his place therein shall be vacant. This shall not be held to release him from his own duties upon violation of said Su enrolled, 30 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. What to bv acts. The possession or having the care and management of deemed conclusi ve any oyster boat, shall, for the purposes of this act, be deemed proof of ownership f and taken to be conclusive proof of ownership, so as to dis-i2aVteir, pense with the necessity of any proof whatever of title to the ri.c,of boat ; and every actual owner of an oyster boat, which is used this net in violating the oyster laws of 1871 or 1873, aforesaid, or this Who shall be act, and all persons on board of her at the time of such viola-deemed tion, shall be deemed and taken to be principal offenders, and pnntapal offender, be dealt with accordingly. SECTION 7. And be it turtker enachd, That it shall be the !ala w mune duty of the collector and of the captain of the watch-boat to vessel %hall be see that the name of any boat employed in planting or dredg-painted. ing for oysters is plainly painted on her stern,at the usual place, in white letters upon a black ground, or black letters upon a white ground, so that the same may at all times be seen ; and rwial",,,'rif he find any boat not so lettered, or the lettering shall be 11011-etifillot- :thee. concealed or otherwise obscured, he shall notify the persons Dllties Of the t_ C011eetOr Aloi on board of her, that the license under which she is employed is annulled, and thereupon the said license shall be annulled, Watch }tau. and there shall be no right thereafter to use or employ her in planting or dredging And further, the party by whom she is at the time used or employed,or under whose order or author-ity she sails, shall not have any license granted to him or for his use or benefit at any time afterward. Further SEcrioN S. ilnd lie it .firrther enacted, That it shall be the duties. Ictup A further duty of the collector and captain to ascertain, at least n'w"Idr once every month, and keep a record thereof, the name of the feeetu naine,a owner of every boat employed in the oyster business, and those tile owner And cm. on board of her shall give it to him ; and the name given shall Pi"Yec^. be taken to be the true name of such owner, who shall be held ofevcryl,,,at to be given 'and taken to be cognizant of, and consenting to, any violation by those board of the act to which this is a supplement, and the other acts connected with the same, by any one on board his boat. He ile5 shall be an accessory before the fact to any violation by them, of this or the aforesaid acts, and liable accordingly. In case Acer. iI refusal be made to furnish the name of the owner, or there ,aSe ol should be reason to believe that the true name is not given, refusal , fm-ni.lt tt shall be the duty of those officers respectively,to immediate-of ""."' ly take the boat itself into his custody,and detain her until the PP er and right name be furnished, and to that end he shall have power to call upon and require, as he may in every other case of necessity, the Sheriff of the County to aid him, which Sheriff may employ any force or means whatever, for that pur-pose. SEcTION 9. And it further enacted, That in addition to LAWS OF DELAWARE. the other requirements made by law, no license to plant Additional oysters shall be * until the applicant shall furnish the col- rot lector with a statement of the boat or boats to be employed statement to by him in the business, giving separate name and tonnage, telfrLutrntoished. and the name of the owner, and the persons who are to work specify. her. This provision, however, shall not apply to the case of a Exception. plantation worked by a person other than the owner, but when so worked, the person employed to work it shall make the statement before he begins to work. Should he fail to do so, the Collector shall seize and hold his boat until the requisite information be given. duty of the State Treasurer to require from the collector, as may be. a resident and citizen of this State, shall hereafter take out a with his name in full, and the place of his residence as minutely license to plant or dredge, until he shall furnish the collector SECTION II. And be it further enacted, That it shall be the Lirer shall State treas. SECTION 10. And be it further enacted, That no person not placeresidenceor . noarefeaniT tNoTres.ident obtain from the collector whose duty it shall be to furnish it, information on the first day at sworn list of June and September of each year, of the names and resi-.o-ih'iti hree.,nia-mes dences of all persons having licenses to plant oysters or dredge te"ncreasf for them, and the names of the boats used in the business ; and the and this information shall be given in writing and upon oath LTLesutr legally administered, this being intended as a guide in the settlement with the collector. S'EcTioN 12. And be it further enacted, That it shall be the any.of the duty of the captain of the watch-boat when he has knowledge c,;,'!",Tankt of a violation of any of the provisions of this, or the other ih21 when acts with which this is connected, to proceed immediately to kno:ledge of seize the boat or boats employed in such violation and hold yt.he'iuolaytsitnenr her or them in his custody until he has furnished the collector lat,- with the facts upon which he has acted, and until such col-lector has proceeded to enforce the provisions of this and and the other of said acts. SECTION 13. .-Ind be it further enacted, That neither the Comp,I.a. Captain of the watch boat, nor any of her crew shall receive (cia°,','7;`. 1he,d any pay for time not actoally and actively spent in the dis- cx.11t,(T charge of the duties required by this act, and the act to which ' this is a supplement, but such time shall be deducted in the computation of their wages. SECTION 14. And be/I .fiirther enacted, That the captain and Their crew of the watch-boat shall be practical seamen, and part of!!huMtt"' 'So enrolled. So enrolled. CONCERNING THE PUBLIC REVENUE. 31 32 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. Certain their duty shall be to keep the boat, her apparel, tackle and repairs, furniture, in good repair and condition, and this without extra How author. ized. charge ; and no repairs involving extra expense shall be made without the concurrence of both the collector and captain, and then only such as are authorized by law. Cnilectors SECTION 15. And be it further enacted, That the collector shanin'i""""shall issue no license nor permit any boat to dredge, until the license until - fee. ha bean price or fee for said license has been actually paid, and the paid. collector violating this provision shall not only be responsible Penalty 1, for said license fee, but shall, in addition thereto, forfeit a like vi"hti';". sum to the State, which shall be sued for and collected by action on his official bond, as in other cases of a breach of the conditions thereof. 1.t.t SEcrioN 16. And be it further enacted, That the collector h., keep a true and accurate list of al! licenses issued by him, kept shall the names of every boat and Captain thereof, respect-w hat vecify. ively,with the amount paid for each license, which list he shall wt.; and publish in at least one newspaper in Dover, the first week in how to be imblished April and October, each year. (0ficet, t. SECTION 17. And be it further enacted, That the collector keep .eparatu shall keep a separate account in the Farmers' Bank at Dover, '""" of all moneys received by him for licenses issued, and shall Farmer. Hank at deposit, weekly, all moneys received by him therefor. And all Do,er, .11 disbursements which he is or may be authorized by law to CCO 01 1, make, shall be by checks drawn on said fund in his official tte capacity, which shall be indicated by the written or printed dcp11.itcd word, " Collector" immediately after his name. These checks shall be numbered, consecutively, from first to last, during his oy continuance in office ; shall state briefly what they are for and the bills for which they are given shall have a correspond-ing number, and shall be filed in order in the office of the collector, and shall be subject to the inspection of any citizen and tax payer who may wish to examine the same ; and no disbursements shall be made by the said collector in any other way. SEcTIoN 18. A nd be it further enacted, That when the boundary stakes required by the act to which this is a supple-ment, have once been set, it shall be neither a defence nor excuse for any person prosecuted for a violation of any of the provisions of this act, or the act to which this is a supple-ment, that they were not standing or visible at the time the alleged offence was committed ; but if the person accused be proved to have taken oysters anywhere but on his own ground, he May be properly convicted. It Nk W P,V,111 it:II. II; LAWS OF DELAWARE. 33 CONCERNING THE PUBLIC REVENUE. chapter 363, volume [4, of the Laws of Delaware, passed at 363, vol. t4 Dover, March 20, 1873, be and the same is hereby repealed. "Pealed. SECTION 19. And be it ,further enacted, That section 6, ofsee.,, chap SECTION 20. And be it further enacted, That the sum of sro appro-three hundred dollars annually be and is hereby set apart atid Kated ote of appropriated out of the oyster fund to the Levy Court of Kent tmtn pdrIrostr, e mitt een county ; and the said Levy Court is hereby authorized and of a certain Powers anddirected to appropriate the whole of said sum in improving that part of the road from Little Creek to Mahon, which lies duties between the run and fast land, and for that purpose shall ap...ViZe,(1;:mrt point, annually, in the month of March, some skillful and county in judicious road overseer to superintend and make such repairs, e:capdesntdiminInd and said overseer shall be subject, in all respects, to the gen- Inarag eral laws governing other road overseers. And in order to facilitate such iMprovement, it shall be the duty of all oyster- Otyleni;ronslietn men to land and deposit their oyster shells on shore at some their oyster cOnvenient place to said road, so that they may be used in te,irl'e'co,nm. said repairs, and it shall be unlawful to empty or throw such `SrPrio",r shells into the water, unless the distance from the place shall be so great as to make it unreasonable to land and deposit them as aforesaid, of which unreasonableness the Collector and road overseer shall concurrently be the judges. Collector SECTION 21. And be it further enacted, That it shall be the .every duty of the collector to have two hundred copies of this act 1,111:7d b at printed on good foolscap paper, and to furnish every boat oPfr '"thteisd accto. py licensed,with a copy thereof, and he shall also supply one copy Also to any ccMnatiann Oder to any captain or commander of an unlicensed oyster boat, : who shall apply to him for the game, but no neglect or failure 'Lill l d of the collector in this respect shall exonerate or excuse any boat appy-one violating any of the provisions of this act, or the act to igiiicirhfrieof".. which this is a supplement, furnish; such copy shall be no defence Passed at Dover, March 10, 1875. violation of cite V, any oyster Laws. 3 Amended AN ACT to amend Section 23. Chapter 8, Revised Statutes of the State of 6o. Delaware. Code, 1874 Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met CSehcatrpoetnr a 83 ,. SECTION I. That section 33, chapter 8, Revised Statutes of Revised of State of Delaware, be and the same hereby is amended,. Code, Amended by striking out all the words in the second paragraph after the word "appointment" and inserting the words, until the next meeting of the Levy Court. Passed at Dover, March lo, 1875. CHAPTER 15. OF' TH k: LEVY COURT. AN ACT directing the Levy Court of Sussex County to pay certain moneys. lie it enacted by the Senate and House of Representatives of .177c:"" the State qf Delaware in General Assembly met, comity to make addi-tional appro- SECTION I. That the Levy Court of Sussex county, be, lc'earttaiin" n"' and they are, hereby directed in making the apportionment of towns for the sum of the road taxes, to be paid to the overseers of the main-tenance of roads, annually, to make an order for the payment of the sum roads, Ntreet, and bridem. of two hundred and fifty dollars to the commissioners of the town of Milton, in addition to the sum now required to be 2 Ihr town a paid by said Levy Court to said commissioners ; for the pay-ment of the sum of two hundred dollars to the commissioners $oo to of the town of Seaford, in addition to the amount now Seaford required to be paid by said Levy Court to said Commissioners; and for the payment of the sum of one hundred dollars to to the commissioners of the town of Lewes, in addition to Lewe% the amount now required to be paid by said Levy Court to 34 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. CHAPTER 14. OF THE LEVY COURT. LAWS OF DELAWARE. 35 CONCERNING THE PUBLIC REVENUE. said commissioners and shall also make an order for the payment of the sum of one hundred dollars, additional, to the commissioners of that part of Milford known as South gio°°Iittr Milford, for the use of streets and bridges in said 'town, to be Milford. by them expended in repairing and maintaining in proper order, the roads, streets and bridges within the limits of said towns ; and the said commissioners shall have the sole super-vision of said roads, streets and bridges, and shall settle with the said Levy Court in the same manner as other overseers of public roads. And the said Levy Court of Sussex county shall also make an order for the payment of the sum of one hundred dollars annually, to the overseer of the streets in the town of Laurel, which said sum shall be in addition to the ta7rer. amount now appropriated for road purposes in said town, and shall be paid to the overseer of the streets in said town, and be by him applied to repairing and maintaining Corn street and Pine street, and such other streets in said town, as said overseer shall deem necessary to be repaired. Passed at Dover, March 25, 1875. CHAPTER 16. OF THE VALUATION OF PROPERTY. AN ACT to further amend Chapter II of the Revised Code. Be it enacted by the Senate and [louse of Representatives ofAmended Code 1874, the State of Delaware in General Assembly met, 84.. Section 1, SECTION I . That section 1, of chapter II, of the Revised cant eevrLf Code, be, and the same is hereby amended, by adding to said m section the following words, viz : Provided that legacies for it.odeended. Certain religious, charitable and educational purposes, shall not be sub- legacies ject to taxation. taxation. SECTION 2. This act shall go into effect immediately, but Exception. shall not apply to any legacies devised by the will of any per-son deceased before the passage of this act. Passed at Dover, February 23, 1875. 36 LAWS OF DELAWARE. Amended Code, g6. CONCERNING THE PUBLIC REVENUE. CHAPTER 17. OF COLLECTORS. Volume 14, A SUPPLEMENT to Chapter 372 of Volume 14, Laws of Delaware, enti- A4s tled "An Act in relation to the collection of taxes in this State." passed Supplement to cah p. 372, at Dover, April zo, 1873. . vol. 14. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That hereafter it shall be the duty of the col- Collectors to write certain lector of county taxes, in each hundred or election district in dates upon . . tax receipts. this State, to write in full the day and date of the month and' the year when given, upon every receipt for taxes which he shall give. Passed at Dover, February 23, 1875. CHAPTER 18. OF COLLECTORS. AN ACT to amend Chapter 12 of the Revist.d Code, as published in the Code of 1874, "Entitled of Collectors." Section 19, SECTION I. Be it enacted by the Senate and House of Rzpre-chapter 12, sentatives of the State of Delaware in General Assembly met, of Revised Code, as That section 19, of chapter 12, of the Revised Code, as pub- =Wed. fished in the Code of 1874, be, and the same is hereby repealed, 'Pea!ed and and the following inserted and enacted in lieu thereof. Collectors SECTION 19. Every collector shall, in the month of May, shaMayll yearly, in yearly, make out a list of the wholesale and also of the retail make Irts s dealers in goods, wares and merchandise, produce, or any prop- of persons engaged in erty whatsoever; and of the manufacturers, vendors of goods, certain occupations. wares and merchandise by sample ; inn or tavern keepers with-out the privilege of selling intoxicating liquors ; keepers of eating houses ; keepers or travelers of stallions or jacks for the use of mares ; auctioneers, brokers, private bankers, foreign life CONCERNING THE PUBLIC REVENUE. insurance agents, foreign fire insurance agents, real estate /kis to be agents, conveyancers, photographers, dentists, physicians, and e'ertificd and attorneys-at-law, in his hundred, particularly specifying each to (elleeteti:sereeP class, and by the first day of June, deliver the same to the T.;aceerbiyerhierst clerk of the peace of his county, certified to under his hand, to be filed of record. In all cases where there are more than What lists one person engaged in any one of the foregoing occupations shall state. as partners, he shall give the name of each of the individuals composing the firm or partnership, and in every case return the christian name of the respective party or parties. He shall also ascertain the post 'office address of the party or parties so doing business, which he shall return with the name of the firm, incorporated company or individual,so returned by him on the list aforesaid. It shall be the duty of the clerk of ceneettte, the peace of the several counties in this State, to compare the cli::11t;abreed by said lists, so returned to them by the collectors, with the list!Fr cleerekeof of the persons or firms who shall have taken out a license by (wittlFethe that time, fifteen days prior to the then next term of the court ;;;:,',.c.res of General Sessions of the peace and jail delivery in their ii,isortho. county, and make therefrom a list for each hundred of the per- have sons and firms who shall have failed to take out a license for tconstt:c the occupation in which he or they may have been reportedtb,e,c-cacdr engaged in, and deliver said last mentioned lists, with the fed and delivered to name of the collector duly certified, to the Attorney General, tlit:e two days before the then next term of the court of General 1\;,T,',71. Sessions of the peace and jail delivery in such county. The No to clerks of the peace shall not, after the making and delivery Of aftebre such the aforesaid lists to the Attorney General, issue a license to before tire any persons or firm whose name appears on said lists, without discharge of an order from the Attorney General until after the discharge of the grand jury at the then next term of the said court of f,;""ot,`ircey the General Sessions of the peace. In the event of any person1;feneral. or persons being indicted who shall have a license for the trans- tcea:_e action of the business for which such person may be indicted, iiteoilnicgtend6ed and his or her name shall appear on the lists so as aforesaid itt tire required to be certified to the Attorney General by the clerk cunteict of the peace, the costs upon such indictment shall be paid by Attorney the clerk of the peace of the county in which such indict- co,:,,Isishlb° mcnt has been found. 'Provided that before the clerk of the ient:'k?:1-` e peace shall deliver to the Attorney General the list required Vr':,`,.7'se by this section, he shall forward through the post office a llfore list straIt be written or printed notice addressed to the person or persons delivered by so having failed to take out a license for the occupations in ',lee; cke:)fnatica which he or they are reported to be engaged,setting forth that shall mailed to he or they have failed to take out a license for the occupation persons in which he or they are reported engaged, and that unless trfia'7,1ft kd such license is taken out within the term of ten days from the license' LAWS OF DELAWAR 37 itatc. What to mitt. When, notice. Record of notices. No indict. nottfied Ant/ so notified as aforesaid, shall, within ten days from the date of Fee for shall set forth fbreo mst rsicakide lnis t forwarding such written or printed notice, take out a license of person VVhat notice When name where said licenses can be procured. If the person or persons act shall have been complied with,and the notices sent as di-rected. dieted by the Attorney General unless the provisions of this ated company to whom such notice may be sent,the dates on which said notices have been placed in the post office, and the post offices to which said notices have been mailed. No per-son whose name may have been returned by the collector on the list aforesaid directed to be made by this act shall be in-and no other costs than said sum shall be charged, and shall keep a record of the names of the persons or arm or incorpor-clerk of the peace shall receive from the person or persons notified fifty cents for each notice sent as required by this sec-tion, which shall be paid at the time of taking out such license, for the occupation in which he or they may have been report-ed engaged, then it shall be the duty of the clerk of the peace to strike the name of him or them from the said list. The date of the notice,that, he or they,will be subject to an indict-. ment at the ensuing term of court, and-said notice shall state Passed at Dover, March t8, 1875 38 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. LAWS OF DELAWARE. 39 TITLE FOURTH. Of Elections. CHAPTER (9. OF ELECTIONS IN GUNITIOROUGH HUNDRED. AN ACT to change the place of holding elections in Gumborough Hun-dred, in Sussex County. SECTION I. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware in General Assembly met, That the place of holding all general and special elections, 1'I and all elections for assessors and inspectors in.GumborouIcgtrohgis n hundred, Sussex county, shall be at the school house in School 06ugrer- District, No. 36, in Sussex county, and not at the school house chhuanndgreedd. in School District, No. 147. Where to be held. Passed at Dover, February 9, 1875. CHAPTER 20.. OF ELECTIONS. AN ACT to amend Title Fourth of the Revised Statutes entitled " Of Amended Elections" '' Coop 1874, Be it enacted by the Senate and Rouse of Representatives of the State of Delaware in General Assembly met, StaStEuCteTsIO bNe aIm. eTnhdaetd , sbecyt iaodnd 3in, go af t cthhaep teenrd 1o8f, soafi dt hsee ctRioenv itsheed I=ts1. :7d words "and shall also deliver to each inspector, as aforesaid, Se4"ij'r a stamp of not less than one inch in diameter, with the name aRmeevn. dCed°.4 or number of the proper hundred, ward or election district ; Section 25, chapter 18 of Revised Code amended. To what elections applicable. Stamp to be delivered and return-ed. When. How. Allowance to sheriffs. SECTION 3. That section 25, of said chapter 18, be amended by inserting after the word " aforesaid "in the fifth line of said section, the words, "and shall also deliver the stamp and ap-purtenances mentioned in section 3." SECTION 4. The provisions of the foregoing amendments shall apply to special elections for General Assembly, and to the elections provided for by chapters 19, 20 and 21 of the Revised Statutes ; and shall also apply to the election of assessors and inspectors, and to that end the sheriff of each county shall, one week previous to such election, deliver to each collector, or other presiding election officer of every hundred, ward or election district in his county, the stamp, with a proper date, with the appurtenances provided for by section t, of this act. The collector or other presiding offi-cer shall return the stamp and appurtenances into the office of the sheriff, within three days after the election. SECTION 5. The Levy Courts of the several counties shall make proper allowances to the respective sheriffs for the ex-penses incurred under this act. aincconts.is't.eSnt ECTION 6. That all acts and parts of acts inconsistent repealed. with this act, are hereby repealed, and made null and void. Publication of chap. la of Revised Code as amended. SECTION 7. That chapter 18, of Revised Statutes as hereby amended, shall be published entire with the acts of the present session. Passed at Dover, March 19, 1875. 40 LAWS OF DELAWARE. RESPECTING ELECTIONS. Stamp and and the year, month, and day of the month on which such ink to be delivered general election shall be held ; and also ink of a suitable kind to each inspector. to be applied to such stamp; the said stamp shall be so ar- Description. ranged that the date may be changed." Tax receipt SECTION 2. Either of the judges may require any person to be produced offering to vote on the ground of having paid a tax, to produce and stamped. the receipt for such tax ; and if the vote of such person is When. taken, the said receipt shall be immediately stamped on the How, face thereof by one of the judges, with the stamp provided Icloewntpitr-Ten. for by section 3. If a vote be objected to on the ground that the person offering to vote is not the person named in the tax receipt, either of the judges may require such person to produce proof, under oath, of his identity ; either of the judges may administer a proper oath to any person testifying in that behalf, and the question of identity shall be determined ac-cording to the opinion of a majority of the judges. LAWS OF DELAWARE. CHAPTER 21.* OF THE GENERAL ELECTION. SKC. 1. To he held Tuesday next after the first Monday of November. Places;-New Castle; Kent; Sussex, 2. Change of place; notice of. 3. Sheriff to deliver to inspectors. Ballot boxes; tape; wax; stamps; ink. List of officers to be chosen. I.ist of electors. Tally lists ; certificates; oaths. 4. Boxes, how made ; contents. 5. Lists of electors; how prepared. To be furnished sheriff, In August. 6. Tally lists; how made. 7. Certificates of Election. . Form of oath ; certificate of. 9. Inspector to give notice of election. so. Substitute to be chosen in his absence. rt. Judges of election ; how chosen. ix. Penalty for refusing to serve. Oath of election officers. To be signed. Clerks of election ; how chosen ; oath of. Ballot boxes ; how used, and kept. :6. Election officers to be in separate room. :7. Election ; when to be opened. 8. Mode of voting ; elector's name re-corded. Poll lists; checked. Ballots not to be examined ; stamping receipts. Disputed votes; how decided. Oath of electors; refusal to take oath. Not to be allowed to swear; when. Swearing falsely ; perjury. Election ; when to be closed. Mode cf counting the votes. To be done Who shall keep the boxes. Dirposition of the ballots. Two tally lists; how made. Counting not to be adjourned. Two certificates of the resttlt. How made; signing ; sealing; cus-tody. Sae. 24. Inspectors to meet on Thursday as a board of canvass. Sheriff to preside ; substitutes. Inspectors to produce certificates and boxes which may be opened; also, deliver stamps, &c. These to be sent, in case of death, &c. Penalty for not attending the board of can-vass. Inspector may be arrested. Warrant for certificates, Ste. Board to acertain the aggregate state of the vote. And make certificates. To be inclosed, and indorsed. Form of certificates. How filled up. 3/. Tie vote; certificate of ; to be delivered to the Governor. How delivered and filed, To the legislature; when. Inspector 10 deliver election papers to clerk of the peace. Sheriff to keep the ballot boxes, until, etc. To be delivered to the Legislature; when. Repealed. Penalty on hint. Special elections. o vacancies. Writs of election; how issued. When executed When not to be issued. Sheriff to give notice of special election. 42. To give notice to inspectors, &c. Inspectors to give notice of special elec-tions. Presiding officer, at .14. Judges of. Places of holding ; manner. Board of canvass. President ; substitute ; result. SECTION 1. The general election, in and for the several Time of counties, on the (Tuesday next after the first Monday) of No- holding' vember, shall be held in the respective hundreds of said coun- PAlmaceensd. ment, ties, at the places hereinafter appointedd for that purpose. . that vo chr i. ire, is to say FOR NEW CASTLE COUNTY. New Castle- In Brandywine hundred, at the Brandywine Academy, in the village of Brandywine ;$ in Christta n a hundred, at the house cBhr arinsduyawnnin. e. Aumndment, I For provisions respecting elections in Wilmington, see chapter 19, (Amended Code, 1874.) chap. 417. ; For place of election in the two election districts in Brandywine hundred, see page 3, f Amended vol. 1 t Code, 1874.i Nora.-This Chapter comprises chapter 03 of the Revised Statutes, as Intl/fished in the Amend. ed Cocle of 1874, and amended by chapter no of the current volume, and is published in accordance with section 7, of the last mentioned chapter. Where the provisions of chapter 20, of the current volume, refer especially to chapter 18, of Title Fourth of the Revised Statutes, they have beett incorporated in the saute: but where they refer gener-ally to several chapters of the said title, and cannot be suitably incorporated in said chapter ill, they will be found in the next foregoing chapter 20 of the current volmne. IGNATIUS C. GRUBB, Secretary of State. 42 LAWS OF RESPECTING ELECTIONS. known by the name of the (Rodney Inn, now occupied by Sarah Dorman ;)il in Mill Creek hundred, at the "Mermaid Tavern" White Clay Creek. now occupied by Rebecca Walker ; in White Clay Creek hun-dred, at the village of Newark, in the house now occupied as a Pencader tavern by Benjamin F. Herdman ; § in Pencader hundred, at Glasgow, in the house now occupied as a tavern by James New Castle' Merritt ; in iVew Castle Hundred, at the Court House, in the Red Lion, town of New Castle ; in Red Lion hundred, at the village of St. Ckorges. St. George's, in the house now occupied as a tavern by John Sutton, junior ;* A.Prqui"i" and in Appoquinimink hundred, at the village of Blackbird, in min . the house now occupied as a tavern by Basset Ferguson.$ FOR KENT COUNTY. Kent-- Duck creck. In Duck Creek hundred, at Smyrna, in the house now occu- Little Creek. pied as a tavern by Owen C. Crow ; in Little Creek hundred, Dover. at the village of Leipsic in the officenow occupied by Ezekiel Murderkill. W. Reed ;1 §§ Amcor& in Milford hundred, at Milford, at the house now occupied as a Mispillion. Amendment, tavern by James Tomlin ; and in Alispillion hundred, [at the chap. 397' town of Harrington, at the hotel of Benjamin T. Fleming.] vol. 23. Cedar Creek. 1.11 Cedar Creek hundred, [at the school house in consolidated Amendment, chap. 374, School districts No. 2, loo, 103, and 104 in the town of Milford.] vol. 24. Broadkiln. In Broadkiln hundred, .,t the Milton Academy, in the village Nanticoke. of Milton ;** in JVanticoke hundred, at Bethel or Passwaters' Cross-roads, at the house lately occupied by Jacob Carpenter, Norm W"` deceased ; in North Pliest Fork hundred, at the village of Fork Bridgeville, at the house now occupied as a tavern by Manlove Broad Creek. Adams ;11. in Proad Creek hundred, at the storehouse now oc- Little Creek. cupied by James Boyce ;$1 in Little Creek hundred, at Laurel, at Amendment' the house now occupied as a tavern by George W. Wootten chap. 39 8, Dagsbor. in Dagsborough hundred, at the house now occupied as a carri- °ugh. Baltimore. age shop by William Baker ; in Baltimore hundred, (some con- Indian venient place in the village ol Roxana to be designated by the River. inspector, for the time being, of Baltimore hundred) ; in Indian II For Christiana South Election District. see page 5, (Amended Code, 2874 I § For While Clay Creek East Election District, see page to, (Amended Code, 1874.1 For Red I don East Election District, see page 6, (Amended Code, 1874.1 I For both Election Districts of St. George's hundred, see page 7, [Amended Code, 1874.) ; For Apoorprinimink North Election District, sec page 8, [Amended Code, 1874.1 IT Kenton hundred, see page s4, (Amended Code, 1874.1 For both Districts of Dover hundred, see page I I, /Amended Code, 1874.1 § For North and South Murderkill, see page / 2, [Amended Code, /874.1 For Georgetown hundred, see page 15, lAtnended Code, 1874.1 t For Seaford hundred, see page 16, [Amended Code, 1874.1 II For Grimborough hundred, see page 17, (Amended Code, 1874.1 Sussex FOR SUSSEX COUNTY. LAWS OF DELAWARE. 43 RESPECTING ELECTIONS. River hundred, at the old storehouse of Wesley W. Stevenson, now unoccupied, being the place where the last general elec-tion was held ; and in Lewes and Rehoboth hundred, at Lewes, hecT2,0athd. at the house now occupied as a tavern by Edward Watson. SEC. 2. If at any time it shall be impracticable to hold the Change of election in any hundred at the place appointed by law, the in- Spector of such hundred shall have power to appoint some other place in said hundred, as near as can be conveniently obtained to the place herein directed ; and he shall give pub-lic notice of the place so appointed, by advertisements posted in at least five of the most public places of the hundred, if cir-cumstances will admit of such notice being given ; but if not, Notice a then he shall give such public and general notice as the cir-cumstances will permit. SECTION 3. The sheriff of each county shall, after the twenty-third and before the twenty-seventh day of October in the year of holding the general election, deliver to the inspector of each hundred of his county, two suitable ballot nan°""es boxes, with a piece of tape and sealing wax, together with a list Lists. of all the officers to be chosen at the then next general election, an alphabetical list of the names of all the free white male 2cts.of citizens, of the age of twenty-one years and upwards, residing Amendment and assessed in such hundred, ["or election district, where a chap. 642, hundred is divided into two or more election districts"] cvrir;p!r5.39, written or printed formsof tally lists, of certificates of'vencc3L election in said hundred, of the oath or affirmation of the in- Tally spector and the persons to be taken as judges of the election, Certificates. and of the certificate of administering such oath or affirmation, with written or printed directions as to correcting, complet-ing and signing such oath or affirmation, and certificate of administering the same, and shall also deliver to each in-spector, as aforesaid, a stamp of not less than one inch in tamp and diameter, with the name or number of the proper hundred, dnelivmd to ward or election district, and the year, month, and day cf the fla.scphec month on which such general election shall be held ; and also ink of a suitable kind to be applied to such stamp. The Description. said stamp shall be so arranged that the date may be changed. SECTION 4. The ballot boxes shall each be of sufficient size ,1=5:h°' to contain all the ballots of the hundred, with one of the tally lists and certificates of election ; in the lid of one of the boxes there shall be a hole, sufficient only to admit with convenience one ballot ; and it shall be furnished with a lock and key for securing the lid ; the lid of the other box shall be without a hole, and it shall be so constructed as to be secured with tape and sealing wax. 44 LAWS OF DELAWARE. RESPECTING ELECTIONS. SECTION 5. The said alphabetical list shall be made and certified by the clerk of the peace of the county, under his hand and seal of office ; and, as to every person whose name shall be contained in such list, and who shall appear by any certificate recorded in the office of said clerk, to be natural-ized, the word "naturalized" shall be distinctly affixed to the name of every such person ; such alphabetical list shall be delivered by the clerk of the peace to the sheriff on some day in the month of August next preceding the general election. SECTION 6. There shall be two of the said tally lists, each of which shall consist of a margin on the left for the names of the persons voted for, and squares formed by parallel lines, drawn from left to right, and from the bottom to the top of the sheet, each square to be sufficient to contain five distinct rows of five distinct dots of a pen in each row, and there shall be a sufficient number of squares in each row of squares from left to right, to contain more dots than any person will probably receive votes in the hundred. SECTION 7. There shall be two of the said certificates of election, which may be according to the following form. viz ; Amendment, county andhundred, ss. At the general election, t3.6 held in said hundred, ( Tuesday next after the first Monday,) November, A. D, eighteen hundred and , the votes stand as °follows For the office of Governor, received votes received votes For the office of Representative in Congress, received votes received votes For the office of Senator in the General Assembly, r,.ceived voles received votes For the office of Senator in the General A ssembO, in lieu of, received votes receiv,d voles For the offict of Representative in the General Assembly, received votes received votes and so on, For the office of Levi' Court Commissioners, received votes for hundred received voles for hundred Lists of voters. Naturalized To be fur. nished August. Tally lists, how made. Form of certificates. LAWS OF DELAWARE. 45 RESPECTING ELECTIONS. For the office of Sheriff, received votes received votes For the office of Coroner, received votes, received votes Aitd we further certify that the clerks appointed by us were duly sworn or affirmed according to law, and that we were duly sworn or affirmed. In testimony whereof, we the judges of said election for said hundred, have hereunto set our hands the day and year aforesaid. In the said written or printed forms of certificates, before the same shall be delivered by the Sheriff as above directed, the name of the county and hundred and the date of the year shall be inserted in the blanks for said purposes in the foregoing form ; and the offices, to be filled at the election, shall be inserted with blanks under each to con-tain the names of the persons who may be voted for, with the number of votes ; and the offices not to be filled at the elec-tion, shall be omitted. SECTION 8. The form of the oath or affirmation to be ad- Form of ministered to the inspector ani judges shall be as follows, viz ; Oath. do solemnly swear (or affirm) that in the election to be this day held, I will not knowingly, or willfully, receive, or consent to the receivins of, the vote of any alien, and also that I will not receive, or consent to the receiving of, the vote of any person whom I shall believe not entitled to vote, unless my asso-ciates shall adjudge such person to be entitled to vote ; that I will not receive or reject, nor concur in receiving or rejecting, any vote through partiality or under bias ; and that I will determine evely Matter that shall come before me, and perform every act and duty by law required of me. touching the said election, truly, faithfully and impartially, according to the best of my skill and judgment ; that I will cause the ballots, that shall be taken at this election to be fairly read and ascertained, and a true state-ment thereof to be made, according to the best of my knowledge and ability ; and that if I shall discover any partiality, unfair-ness, or corruption in the conducting of the said election, I will disclose the sauce to the attorney general, to the end that the sub- _fret may be investigated, so hap me God, ( or so I solemnly affirm.) There shall be three distinct forms of the foregoing oath or affirmation written or printed on one sheet ; which forms shall be numbered and distinguished as .No. 1, No. 2, and No. 3. On the same sheet, after the last of said forms, shall be written or printed a form for the certificate of the qualification of the inspector and judges, as follows, to wit 41 44 LAWS OF DELAWARE. RESPECTING ELECTIONS. SECTION 5. The said alphabetical list shall be made and certified by the clerk of the peace of the county, under his hand and seal of office ; and, as to every person whose name shall be contained in such list, and who shall appear by any certificate recorded in the office of said clerk, to be natural-ized, the word "naturalized" shall be distinctly affixed to the name of every such per'son ; such alphabetical list shall be delivered by the clerk of the peace to the sheriff on some day in the month of August next preceding the general election. SECTION 6. There shall be two Of the said tally lists, each of which shall consist of a margin on the left for the names of the persons voted for, and squares formed by parallel lines, drawn from left to right, and from the bottom to the top of the sheet, each square to be sufficient to contain fivc distinct rows of five distinct clots of a pen in each row, and there shall be a sufficient number of squares in each row of squares from left to right, to contain more dots than any person will probably receive votes in the hundred. SECTION 7. There shall be two of the said certificates of election, which may be according to the following form, viz Amendment, county and hundred, ss. At the general election, chap. 362, vol. t, held tn said hundred, ( Tuesday next after the first Monday,) in November, A. 1), eighteen hundred and , the votes stand as .follows : For the office Of Governor, received r,reived For the office of Representative in Cenwress, receiv,d received For the office of Senator in tit; General Assembly, received votes received votes For the office of Senator in the General i n lieu of, receimd votes receiv, d . votes For the offict of Representative in the General Assembly, received votes received votes and so on, For the office of LezT Court Commissioners, received votes for hundred received votes for hundred votes votes votes votes Lists of voters. Naturalized To be fur-nished in August. Tally lists, how made Form of certificates. RESPECTING ELECTIONS. For the office of Sherij; received votes received votes For the office of Coroner, received votes received votes And we further certify that the clerks appointed by us were duly sworn or affirmed according to law, and that we were duly sworn or affirmed. In testimony whereof; we the judges of said election for said hundred, have herewnto set our hands the day and year aforesaid. In the said written or printed forms of certificates, before the same shall be delivered by the Sheriff as above directed, the name of the county and hundred and the date of the year shall be inserted in the blanks for said purposes in the foregoing form ; and the offices, to be filled at the election, shall be inserted with blanks under each to con-tain the names of the persons who may be voted for, with the number of votes ; and the offices not to be filled at the elec-tion, shall be omitted. SECTION 8. The form of the oath or affirmation to be ad- Form of ministered to the inspector an 3 judges shall be as follows, viz ; nal. do solemnly swear (or affirm) that in the election to - be this day held, I will not knowingly, or willfully, receive, or consent to the receiving of, the vote of any alien, and also that I will not receive, or consent to the receiving of, the vote of any person whom I shall believe' not entitled to vote, unless my (7550- cia/es shall adjudge such person to be entitled to vote ; that I will not receive Or reject, nor concur in receiving Or rejecting, any vote throngh partiality or under bias ; and that I will determine every Matter that shall cow &fore me, and perform every act and duty by law required of me, touching the said election, truly, faithfully and impartially, according to the best of my skill and judgment ; that I will cause the ballots, that shall be taken at this election to be fairly read and ascertained, and a true state-ment thereof to be made, according to the best of my knowledge and ability ; and that if I shall discover any partiality, unfair- 'revs, or corruption in the conducting of the said election, I will disclose the same to the attorney general, to the end that the sub-ject may be investigated, so help me God, ( or so I solemnly affirm.) There shall be three distinct forms of the foregoing oath or affirmation written or printed on one sheet ; which forms shall be numbered and distinguished as .No. _1, No. 2, and Nu. 3. On the same sheet, after the last of said forms, shall be written or printed a form for the certificate of the qualification of the inspector and judges, as follows, to wit LAWS OF DELAWARE. 45 46 LAWS OF DELAWARE. RESPECTING ELECTIONS. Certificates. t county, andhundred, ss. We, the subscribers,, insp ec- Amendmen ch ,ap. 362. tor and judges for said hundred of the general election, therein ". held on (the Tuesday next after the first Monday) of November, in the year of our _Lord one thousand eight hundred and certify, that on said day, before opening the said election in said hundred, the foregoing oath or affirmation was duly administered to each of us, according- to law ; the blanks in which said cer-tificate shall be filled by the sheriff, or by his order, before de-livering the same to the inspector. election. Notice of SECTION 9. The inspector of each hundred shall, within two days after receiving from the sheriff a list of officers to be chosen at the general election, give public notice of the time and place of holding the then next genera/ election in his hundred, and of the officers to be voted for at such election, by advertisements posted in at least five of the most public places in his hundred. Substitute SECTION 10. If at the time for holding the general election for inspector. there shall be no inspector of any hundred, or if he shall be absent from the place of election at nine o'clock of the fore-noon of the day of the election, the electors there shall pro-ceed forthwith,without ballot, to choose from among the qual-ified voters of the hundred there present, an inspector of the hundred ; and in choosing such inspcctor, the justices or jus-tice of the peace residing in the hundred, and if no such jus-tice shall he present, the constables or constable of the hun-dred who may be present, and if no such constable shall be present, then two qualified voters of the hundred, to be nom-inated and appointed by the electors, shall be the judge or judges. Judges of SECTION II. The inspector shall be a judge of the general election clection,and the presiding officer. There shall also be two other judges of the said election, to be chosen from among the qual-ified voters of the hundred, as follows, that is to say ; one of the said judges shall b |
| Date Digital | 2010 |
| CONTENTdm file name | 3064.cpd |
Description
| Title | Laws of the State of Delaware - Volume 15 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE, PASSED AT A SESSION oF TUK GENERAL ASSEMBLY, COMMENDED AND HELD AT DOVER, ON TUESDAY, THE FIFTH DAY OF JANUARY, A. D. 1875, AND OF THE INDEPENDENCE OF THE UNITED STATES, TUB N VOL. 15.- PART 1. WILMINGTON, DELAWARE:.1 AMES & WEBB, PRINTERS, 1875. |
| CONTENTdm file name | 44647.pdfpage |
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