Laws of the State of Delaware - Volume 12 - Page 1 |
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LAWS.
OP TIIN
STATE OF DELAWARE,
PASSED AT A SESSION
OF TIIN
GENERAL ASSEMBLY,.
COMMENCED AND HELD AT DOVER, ON TUESDAY, THE
FIRST DAY OF JANUARY,
A. D. 1861,
AND OP THE
INDEPENDENCE OF THE UNITED STATES THE EIGHTY- FIFTH.
PUBLISHED BY AUTHORITY.
1861:
JAMES KIRK, DOVER, DELAWARE,
PRINTER.
3
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 12 |
| Date Original | 1861 |
| Description | Laws of the State of Delaware. Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, the First Day of January, A. D. 1861. Volume XII. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | James Kirk Dover Delaware |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS. OP TIIN STATE OF DELAWARE, PASSED AT A SESSION OF TIIN GENERAL ASSEMBLY,. COMMENCED AND HELD AT DOVER, ON TUESDAY, THE FIRST DAY OF JANUARY, A. D. 1861, AND OP THE INDEPENDENCE OF THE UNITED STATES THE EIGHTY-FIFTH. PUBLISHED BY AUTHORITY. 1861: JAMES KIRK, DOVER, DELAWARE, PRINTER. 3 4 LAWS OF THE poration, who shall cause certificates of stock to be issued to the purchasers of the said shares, in like manner as similar certificates have been issued to other stockholders in the said bank. tstomiow- SECTION 3. And be it further enacted, That in all meetings here. erA entitled to one vote atter of the stockholders of the said bank, annual or otherwise, in for each share of all elections upon all questions, and on all occasions of voting, each monk held stockholder shall be entitled to one vote for each share of stock three months bororo onto held by him three calender months before the day of voting. or voting. Governor to SECTION 4. And be itlitrther enacted, That tbo- President and .1:. Directors of the said bank shall, within six months from the pas-sage of this act, certify to the Governor of this -State, under the seal of the corporation, that this supplement has been submitted to a meeting of the stockholders of the said bank, regularly con-vened for the purpose, and that a majority in value of the said stockholders have approved and accepted the same. .Passcd at Dover, January 15, 1861. Certificates or stock, CHAPTER 2. An .1rt to incorporate the Diamond State Marine Mutual Insurance Company, SEcno'S 1. .I3e it enacted by the Senate and House of Represen, Member!, ilwOrporitted tatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legightture concurring,) That James C. Aikiti, Joseph Tatnall, Charles Moore, William S. Mlles, William Tatnall, Jacob S. Weldin, David F. Craig, with such others as may become members by being insured in this Com-pally, are hereby created a body corporate, by the mac and style; of tile Diamond State Marine Mutual Insurance Company, for the hhjeete of la 11011L purpose of insuring their respective vessels, their freights and corgoes,-against loss or damage by fire, or the clangers of the seas, while on the stocks, in port or at sea, or employed in inland navigation, and the said corporation shall have all the legal inci-dents of a corporation aggregate. SECTION 2. The affairs of the Company arc to be conducted by nh ExceutiVe Committee, consisting of nine members, to be elected by ballot at the annual meeting of the Company. They are to hold office for one year and until the due election of their suc-cessors. They shall elect de of their number to be President, and one to be vice: President, and shall also appoint an Actuary, and such SurVeyors and other officers as may be needful to con-duct the business of the Company. SECTION 3, The Executive Committee shall have power by a %filtIvR otopanyf how coil- Premlilent. V We- l'reei- &oil. At miry. STATE OF DELAWARE. two-thirds vote of all the members, to make by-laws, and all Ex6,,, other needful rules and regulations for the management of the business. It shall be their duty to fix the rates of insurance; to direct the issue of policies, to invest the funds of the Company; to examine and pass upon all claims for losses and damages; to direct payment to be made when claims are satisfactorily estab-lished, and to defend the interests of' the Company against all fraudulent or suspected claims.; and generally to do all other acts and things necessary and proper to be done to carry into effect the objects of the Company. In case of any member of the Executive Committee becoming a claimant for insurance effected in this Company, his scat in the Executive Committee shall be thereby vacated. A quorum shall consist of five of the members Quornin. of the Committee. They shall have power to fill vacancies. SECTION 4. The Actuary is to keep exact minutes of the pro- Duties ceedings of the general meetings of the Company, of the Executive Committee, and of all committees whose proceedings may require it. He is to keep all the books and papers of the Company, except notes of hand and other evidences of investment which are to be in the care of the President,) to have charge of the accounts, and to transact such other business as may be required i',,,an.of by the Executive Committee. All the accounts of the Company b;:i:VPtol" are to be open at all proper times, to the inspection of all the;,";',M,',`,1,'",'"' members of the Company. SEurfox 5. Insurance may be effected in this Company against1=, marine risks, upon written application made to the Actuary, and.r,d, filed in the office of the Company, which application shall truly and fully describe the property desired to be insured, and shall be and continue a part of the contract of insurance. The party insuring must in all cases make the required deposit in cash c,,1,,wro, before the issue of the policy, and shall also give his note or obli- tepostt itofr, gation, drawn in such form, and payable in such mode, and with such security, as the Executive Committee may direct, for five times the amount of the cash deposit. The notes or obligations thus given by the insurers are to be held by the Company during the continuance of the risk; and in case of losses or expenses exceeding the amount of the cash assets of the Company, are to be taxed pro-rata to make up the deficiency. All paymennt..ss SO assessed or ordered by the Executive Committee, am to be made "'nu". at the office of the Company within thirty days of the date of the call, and suits may be maintained by the Company against 8"Itsagniam MUM bors. any of its members in case of their neglect or refusal to pay such assessments. Suits may also be maintained by the CoMpany romn-, against any person or corporation for injuries to any vessel, freight, or cargo, insured in the Company, whereby the said Corn, nietri. pany is injured; and suits may be maintained against the Com- 8,,,t;,1, pan)' for any loss or damage claimed under any policy issued by c°"""'"Y the Company if payment he withheld more than sixty days after 6 LAWS OF TIIE proof of loss, proof of interest and adjustment exhibited to the Members not using dill- proper officers of the Company. In such suits no member shall :,pre. be entitled to recover against the Company, who shall not have ,,i;,,i.',t ,;.ei: used due diligence to prevent the loss of, or injury to the vessel, eve. freight, or cargo insured. In case of any suit instituted by the In soitl .1 :Must Company against a member on his premium note, the Company otonlwro Company to may recover the whole_ amount of the note, with costs of suit, the ,r;;;z,t; lvl balance remaining of which, after paying all assessments and costs, premium shall be returned to the party paying it. nolo,. Accounts. SECTION 6. A debit and credit account is to be kept with each insurer in this Company, in which all sums paid in by him, whe-ther by way of cash deposit, or for assessments On notes, together with his share of interest or dividends -collected on investments made by the Company, are to be placed to his credit; and he is in like manner to be charged with his share of all losses and expenses incurred by the Company while he is a member, calculated according to the proportion between his note and the total amount of taxable notes in the hands of the Company at the time such SSPM,merit loss or expense is incurred. Should the losses and expenses at m hell mmtv any time exceed the cash assets of the Company, the Executive Committee will immediately proceed to make up the deficiency by taxing the insurer's notes, as provided in Section 6. Any balance remaining to the credit of an insurer on the books of the Company, after the termination of his risk, and the discharge of all liabilities incurred during its continuance, is to be repaid to the party on demand. Annual SECTION 7. The annual meetings of the Company are to be held meeting. on the first Thursday of October in each year, at the office of the Company, at 3 o'clock, P. M., of which at least 2 weeks utice notice must have been given in two newspapers of this State. The election is to be held at the same time, and is to close at 4 General o'clock, P. General meetings may also be held at any time meetings. -upon a requisition made by any five members, and due notice thereof given by the Actuary. word ".." SECTION 8. The word "sea" wherever it occurs in this act, shall slitoolurdn oder- be understood to mean, apply, and extend to creeks, rivers, bays, harbors, and all other waters navigated by vessels insured in this Company, as well as to the ocean. Privileges of SECTION 9. And whereas the persons named in the first section membe rs of of this Act, with other persons, by a constitution adopted on the u...0a- twenty-fourth day of September, A. D. 1859, formed an associa- tion colitis tmed under ti on under the name of "The Diamond State Marine Mutual thi8 "ci. Insurance Company" for the purpose of Marine Insurance, and have elected officers, transacted the usual business of Marino In-surance Companies, issued policies and taken securities from per-sons insured in the name of trustees for the use of said associa-tion; and it being the object a this act to incorporate said association; therefore; STATE OF DELAWARE. Be it enacted by the authority aforesaid, That all persons who now are members of the aforesaid association, according to the constitution thereof, shall be and they are hereby declared to be members of the corporation hereby created, with all the rights, and subject to all the duties and liabilities pertaining to membership in. said corporation; and the several officers of the association at the time of the passage of this act shall con-tinue to hold their respective offices as officers of the corporation hereby created, until the next annual election, any vacancy occur-ring previous to such election to be filled according to the pro-visions of this act, and all property, funds, or securities now held Its funds and by said association, or by any person or persons in trust for the same, including °hoses in action which by the terms thereof are payable to any person or persons in trust for said association, shall by virtue of' this act vest in and become the property of, and be sued for and recovered for the use of the corporation hereby created. And the said corporation shall by accepting this charter be deemed ta have assumed, and shall be liable for, all contracts, agreements and responsibilities, which previous to the passage of this act have been entered into or incurred by the said associa-tion, or by any of its officers lawfully acting in its behalf. SEarrox 10. This act shall be a public act, and shall continue in Publte act. force for twenty years, and no longer unless renewed, but the corporation hereby created shall within sixty days after the pas-sage hereof, certify to the Governor their acceptance of the same, Acceptance. and shall also at the same time pay to the Secretary of State for the use of the State the sum of ten dollars, or this act, and all the privileges and franchises hereby granted shall be null and void. Passed at Dover, January 16, 1861. CHAPTER 3. A Further Additional Supplement to the Act entitled, "An Act to extend the time for Recording Deeds." SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assenzbly met, That all deeds or letters of attoriley, concerning lands, tenements,' or Timo f or hereditaments, sealed and delivered on or before the first day. oft! January, one thousand eight hundred and sixty-one, first being ',Ilea t`' acknowledged. or proved, and the acknowledgment or proof certi-fied according to the laws of this State in force at the time when such acknowledgment or proof was made, may, with the certifi-cate of the acknowledgment or proof, and all endorserhents and annexations, be recorded in the office for recording of deeds in the LAWS OF THE county wherein such lands, tenements and hemditaments, or any part thereof are situated, if lodged in such office on or before the first day of January in the year of our Lord one ,thousand eight hundred and sixty-three, and the said record or a copy thereof shall be sufficient evidence; and from and after the first day of January in the year last aforesaid, no deed or letter of attorney, sealed before the first day of January, in the year of our Lord one thousand eight hundred and sixty-one, shall be recorded. Passed at Dover, January 17, 1861. CHAPTER 4. An Act authorizing the Recorder of New Castle County to make an Indirect Mortgage Index. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That Recorder of the present Recorder of Deeds, in and for the County of New Castle, shall provide one good, substantial, and well-bound book, County to make WI- in which he shall make a full and complete indirect index to all roct mort-gage index. the mortgages of record in the Recorder's office in said county, rrom what from the time the said indirect index was discontinued, that is to - tune. say: from the year one thousand eight hundred and thirty-two, Recorder up to the present time; and that it shall be and is hereby made Istot - id c duty of the present Recorder of Deeds in said county, and his gaue 40". successors in office, to continue said indirect index of mortgages, from and after the completion of the index authorized by this (oat or book act, and that he, the said present Recorder of Deeds, shall be repaid the cost or said book by the Levy Court of said county, and shall receive for his services in making said index authorized by this act a just and reasonable compensation, to be allowed by the said Levy Court. Passed at Dover, January 23, 1801. CHAPTER 5. An Act to incorporate the Union Hotel Company. SECTION 1. Be it enacted by the Senate and House of Represen-tatiaes of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring therein,) That curitoratod. Henry G. Banning, Joshua Simmons, Daniel James, Spencer D. 'Nr STATE OF DELAWARE. 9 Eves, Charles M.lmond, Charles I. DuPont, Nathan T. Boul-den, Evan C. Stotsenburg, John Wales, and George Richardson, and their associates, and all persons who may now or hereafter may be holders of the stock hereinafter mentioned, shall be and they are hereby declared to be constituted a body politic or cor-porate, by the style of Union Hotel Company, to have perpetual mom% succession, to be capable of suing and being sued, to have as common seal, and the same to alter and renew at pleasure, and sent. to have, hold, receive, enjoy and take, either by absolute convey-Null,. ance, in fee simple or upon ground rent, and in ease of a convey-ance upon ground rent, with power to execute the necessary covenant for the securing the payment thereof, such real estate as To pnrelia.,e may be necessary and proper for the construction of a hotel in 1"Pe1tY the City of Wilmington, of New Castle County, with such sup-plementary buildings as may be adapted to and form part of the general plan and design thereof, for the accommodation and use For wiint of any parties who may be desirous of renting and occupying the same; -and the said real estate, or any part thereof, when in the opinion of the said corporation it may be proper so to do, to sell 31.7 sms or and convey to any person or persons who may be desirous of eu""Y. purchasing the same: Provided, however, That if the said Corn- Prorl.o. puny or their lessees, with their knowledge, shall knowingly per-mit any intoxication or gambling in their said house, the pr leges hereby granted shall cease. SEcTION 2. Mat the capital stock of said corporation shall not eupam wei; exceed sixty thousand dollars, divided into six hundred shares one hundred dollars each, and that it shall be held as personal st property, and as such be transferred, under such regulations as the corporation shall judge convenient. SEcrtos 3. That a general meeting of the eorpomtors shall be Annual annually held on the first Monday of May, for the election of five meetings. managers, and the transaction of other business; but if such meeting or election shall not then take place, the corporation shall not for that cause be dissolved, but such meeting or election shall take place as soon thereafter as may be, one week's public notice Notice. thereof being first given in at least two newspapers published in the City of Wilmington. SF:m(3N 4. The said Company shall have power to issue bonds to one-half the amount of the capital stock, secured by mortgage llow .ertired upon the real estate owned by the said Company, the said bonds to bear interest at the rate of six 7)cr centum per annum, and may am, orin. be sold at any rate of discount deemed advisable by the managers, '"`. or a majority of thorn: Provaed, That the bonds shall not be eoo,... issued for a less sum than two hundred and fifty dollars-each. SEcTION 6. That the election of managers shall be by ballot, Election from among the corporators; and that in the enactment of by-laws ""`""g' for the government of the corporation and its officers, and in the 2 decision of all questions, whether of election of officers or dis-franchisement of corporators, either because of their delinquency in paying for the amount of stock by them purchased of the cor-poration, or for other causes, and on all questions of the meetings Each sham of the corporation, the corporators present, either in person or by orkmk enti. 1, . ties holder to , shall severally vote once for each share of stock held by one vote. them. :Managers SECTION 6. That the managers shall continue in office until their term or'" successors be elected, shall elect a President, and other officers Duties. from among themselves, shall supply vacanci6 in their number, whether occasioned by death, resignation, or refusal to act, and shall have the general and entire control of the affiiirs and in-terests of the company, except so far as may be otherwise pro-vided by the corporators: three members shall be a quorum at these meetings. SECTION 7. That until other officers shall be duly elected, the persons named in the first section of this act shall be held to be managers of the said corporation, and have authority as such. Revocation. SECTION 8. Tht-it if the said corporation shall at any time here-after misuse or abuse any of the chartered privileges hereby granted, the legislature may at any time resume all and singular the rights, liberties, privileges and franchises hereby granted to the said Company, and this act shall be deemed and taken to be a public act. Passed at Dover, January 24, 1861. CHAPTER 6. .An Act to authorize the laying out a Public Road in Kent County. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That rmong ap. Daniel Curry, Henry 13. Fiddeman, Stephen M. Collins, Joshua view and H. Hill and Clement L. Sharp, be and they are hereby appointed layout road. Commissioners to open a public road in Milford Hundred, Kent County, beginning at the eastern end of Front street, of the town of Milford, in said hundred and county, thence eastwardly, Course. through lands of the heirs of Dr. James P. Lofland, deceased, lands of George S. Adkins, near a landing called Paul Knabs, on Mispillion Creek, thence [in a] northeastwardly direction through lands of the aforesaid G. S. Adkins, Henry May, Samuel Paisly, to intersect an old road near the outer gate on the lands of W. N. VT. Dorsey, thence with the aforesaid old road through the aforesaid Dorsey lands in a northeastwardly direction, and through lands 10 LAWS OF THE STATE OF DELAWARE. 11 devised by the late Benjamin Potter to the poor of Kent County, out to Or intersecting the public road near the New Wharf: the rtforesaid public road to be laid out to be as straight as circum-stances will admit from the aforesaid Paul Knobs landing to the New Wharf. And the aforesaid Commissioners, or a majority of them, shall have authority, and they are hereby required, to cause the same to be surveyed and opened, as aforesaid, and to assess A.sessment any damage which may accrue to the owner or owners of said lands through which the said public road shall pass. SECTION 2. And he it further enacted, That the aforesaid Corn- mop to 1,0 missioners shall cause a map of the courses and distances of the '""de' aforesaid public road, to be laid out, to be returned to the Clerk of the Peace, in and for Kent County, to be by him laid before To he the Levy Court of said county aforesaid. And if the aforesaid= "Y Levy Court approve of the aforesaid road so laid out, they then may make such allowances as will be necessary to open and make Anow0000. the aforesaid road. SECTION 3. And be it further enacted, That the Commissioners Commission-before entering upon the duties hereinbefore mentioned, shall be Ne Vroo boor severally sworn or affirmed to perform the duties imposed upon affirmed. them by said act fitithfully and impartially, according to the best of their skill and judgment; and shall receive, for every day they are engaged in the performance of their duties underthis act, the Compensa-r r sum of one dollar each. Wm. Passed at Dover, January 24, 1861. CHAPTER 7. An Act to amend Chapter Six Hundred and Fifty-nine of the Eleventh Volume.of the Laws of Delaware. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring therein,) That the word Chap. 659, "next" in the ninth line of Section 1 be stricken out, and the,I,'Tad. words, "A. D. eighteen hundred and sixty-one" be inserted in lieu thereof; and also that after the word "number" in the fifth line of Section 6, the following words shall be inserted, "ono of the said Directors shall not be eligible to re-election at the next annual election;" and also that the word "meeting" bc. inserted after the word "first" in the eleventh line of Section 7, and also that the word "two" be stricken out of the fourth lino of Section 11, and the word "four" be inserted in lieu thereof. Passed at Dover, January 24, 1861. 12 LAWS OF THE CHAPTER 8. An Act authorizing the Recorder of Deeds of Kent County to copy Indices. SECTION 1. Be it enacted by the Senate and House of .Represen- Itecordor or latives of the AS`/ale Of Delaware in General AsseniblN met, That the ama county Recorder of Deeds in and for the County of Kent be and he. is in- hereby authorized to cause to be made a true and correct copy of the direct and reverse "Indices" to deeds in his office from the Prom what year, A. D. 1080, to the year, A. D. 1835. lime. SECTION 2. And be it JUrther enacted, That if the Recorder shall emonh-sion- copy said "Indices" as aforesaid, then that Eli Saulsbury and eXaMillP HIM comma/v.1N. B. Smithers, Esquires, be and they are hereby appointed Com-missioners, whose duty it shall be to examine the said "Indices" after the Recorder shall have completed them, and if they approve of the execution thereof, they shall certify the same to be a true and correct copy, and that then, and after such certificate, the said copy shall become and be the "Indices." eminent., SECTIoN 3. And be ii further enacted, That they shall also certify the completion of said copy to the Levy Court of Kent County, Compensn who shall pay to the said Commissioners and Recorder a just andlion,reasonable compensation for their services. Passed at Dover, January 24, 1801. CHAPTER 9. An Act to ineorporate the Appoquinimink and Maryland Railroad Vainpa»y. - SECTION 1. Be it enacted by the Senate and house of Represen-tatives of tlw State of Delaware, in General Assenibly met, (with the concurrence of two-thirds or each branch of the Legislature,) CommisNion. That Samuel Townsend, Richard H. Armstrong, ;John Townsend, et" itrliulni- T11011111S Scott, John M. _Naudain, John C. Patterson, William ed. Wilson, Robert A. Cochran, Thomas Murphy, Levi W. Lattomus, and Gideon E. Barlow, be and they are hereby appointed Com- TheIrtintleg. missioners to do and perform the several things hereinafter men-tioned, that is to say, they, or a majority of them, shall procure and cause to be opened, at such time and places, and on such notice as they may deem proper, suitable books for subscriptions to the capital stock of' the Appoquinimink and Maryland Railroad Company; and they shall permit all persons of lawful age to sub-scribe in said books in their own names, or in the name of any other person or company who may authorize the same, for any != STATE OF DELAWARE. - 10 number of shares hi said stock. The capital stock of said Coin- C enok pauy shall not exceed one hundred thousand dollars, divided into mwdividea four thousand shares of twenty-five dollars each. SECTION 2. And be it farther- enacted as aforesaid, That when and as soon as one thousand shares of capital stock in the said Company shall be Subscribed as aforesaid, the subscribers, their successors and assigns, shall be and they arc hereby incorporated, Company id+ by the name and title of "The Apporptinimink and Maryland Railroad Company" and by that name, the subscribers shall have perpetual succession, and be able to sue and be sued, plead and he hnplcaded, in all courts of record and elsewhere, and to pur- P."Ver'' chase, receive, have, hold, and enjoy, to them and their succes-sors, real and personal estate of every kind whatsoever, and the same to grant, mortgage, sell, alien and dispose of, and to declare dividends of such .portions of the profits of the said Company as they may deem proper; also to make and have a common seal, and the same to alter and renew at pleasure, and also to make and ordain by.laws. and regulations for the government of the said corporation, not inconsistent with the Constitution and laws of the- United States, and of this State, and generally to do all and singular the matters and things which to theiii it shall law-fnlly appertain to do, for the well-being and ordering of the same: Provided, That nothing herein contained shall Confer any banking Banking privileges on said Company, or any other liberties, franchises, or privileges but those which are properly incident to such a cord poration. SECTION 3. And be it farther enacted as aforesaid, That as soon as First wet-one thousand shares shall be subscribed as aforesaid, the said Corn- 271 missioners, after giving at least ten days notice thereof; in two or hew: more newspapers published in this State, shall call a meeting of the subscribers at Townsend, in New Castle County, to organize the said Company by the choice and appointment of officers as hereinafter mentioned, and which meeting shall be held at such time as shall be appointed in said notice. SECTION 4. And be it.farther meted as aforesaid, That there shall tho be an annual meeting of the stockholders on the second Tuesday illo.fflup, of January in each and every yerte, at Townsend aforesaid, for the purpose of electing Directors, and for the transaction of other business. In all meetings of the stockholders, regularly convened, those present may proceed to business; and all questions shall be detc,rminecl by it majority of the Votes given. All elections by Elections to stockholders shall be by ballot, and all votes shall be given in 1)0 1)Y1'"11"' person, or by proxy) and each share of stock shall entitle the owner to one vote. Occasional meetings of the stockholders may 041 be called, and at such place as the President and Directors. may inocungs, deem expedient. SECTION 5. And be a farther enacted as aforesaid, Nhat at the 14 LAWS OF THE first meetings of stockholders to be held under the call of said Commissioners, and at every annual meeting of the stockholders mr,et.P., to 1)0 held thereafter, as aforesaid, they shall elect nine Directors, how cloo.e. Trea n surer. and a Treasurer; a majority of the Directors shall be citizens of this State, and all of them stockholders in the said Company. Election of The first election of Directors and Treasurer shall be conducted Dirtctors, how cow by two of the said Commissioners as the judges thereof, and all ducted. subsequent elections of said officers shall be conducted by two of the stockholders not in the Board, to be appointed by the Directors, for the time being, as judges for that purpose. The Directors, immediately after their election, shall proceed to choose President. one of their number to be the President of their Company, and Term or of the said Board, and their term of office shall be until the office of Di-rectors, annual meeting of the stockholders succeeding their election, and until their successors shall be duly chosen. The Directors shall Secretary, also appoint, immediately after their election,- a Secretary of the term of office. said Company, who shall continue in office for the term aforesaid, and until his successor shall be duly appointed, unless sooner removed for sufficient cause by the Directors. They shall fond of require of the Treasurer, on his appointment, a bond with sta. Treama rer. cient security for the performance of the duties of his office, and the faithful discharge of the trust reposed in him by the said Company. A majority of the whole number of Directors shall Quorum. constitute a quorum for the transaction of business, and in the absence of the President may appoint a Chairman of the Board Vacancie& pro import. Vacancies in the Board of Directors, and the offices of President, Secretary, and Treasurer, may be filled by the remaining Directors, to continue as aforesaid. Afeetinga, SECTION G. And be it further enacted as aforesaid, That the said where held. President and Directors shall hold their meetings at Townsend aforesaid, and in such other places as they may deem expedient on the line of said road: and the said Directors shall have the general direction, conduct and management, of the property and works, affairs and operations of the said Company, and for that purpose shall have power to appoint, engage, and employ all such officers and agents, engineers, contractors, and workmen and laborers, as they shall deem necessary, and to fix the salaries of all officers in the corporation, and the compensation and wages of all persons employed by them as aforesaid, and to take bond from them, or any of them, with security for the faithful performance of their duties or contracts; to procure such materials, erect such struc-tures and buildings, and to purchase or employ such engines, cars and other equipments and supplies for the road, and for that pur-pose to make and enter into such contracts and agreements with other persons and companies as they may consider expedient and proper and best adapted to promote the objects and subserve the interests of the said Company. They shall have full power to do all acts that 411tly ho necessary to eireet the purposes for which the Powers of Mt ours. STATE OF DELAWARE. 15 said Company is hereby incorporated; and to this end to use the capital stock and funds of the said Company, and to bind by their contracts, under the seal of the said Company and the hand of the President, all the property and estate of the said Company. They shall also have power to make and prescribe the by-laws and regulations for the government of the said Company, and to pro-vide certificates of stock under the seal of the said Company, and the signature of the President, and countersigned by the Secretary, for all the shares subscribed, and to prescribe the mode of assigning and transferring the same, and generally to do all such other matters and things as by this act, and the by-laws and regulations of the Company they shall be authorized to do. SECTION" 7. And be it further enacted as aforesaid, That the sub- Installment** scribers to the said capital stock shall pay to the Treasurer of the said Company the installments of each share by them subscribed, as the same shall be respectively called in, pursuant to the public notice and call of the said Directors; and if any subscriber shall omit for thirty days after any such call, to pay any snchinstall-ment, at the time and place appointed in said notice, he shall pay "1' in addition to the said installment at the rate of two per cent, per month for the delay of such payment, or the shares so held by him, with all the previous installments paid thereon, may be rmniy. declared forfeited to the Company, at the option of the Directors. All sums of money which shall accrue to the Company under this n,,w reeor-section, may be sued for and recovered as debts of like amount'. are recoverable by the laws of this State: Provided, That no Proviso. stockholder shall be entitled to vote at any election, or in any meeting of the said Company., on whose share or shares any installment shall have been due and payable more than thirty days previous to- such election or meeting, and is still unpaid at that time. SECTION 8. And be it further enacted as aforesaid, That it shall 7111(111,1'1cm be the duty of the President and Directors to procure certificates° of stock for all the shares subscribed in said Company, and cause the same, signed, sealed, and countersigned as aforesaid, to be issued to the subscribers therefor, which shall be assignable at the will of the holder, in the method prescribed in the by-laws of the Company. And the assignee of any such certificate so trans-ferred, shall be a stockholder in said Company, and shall be enti-tled to all the rights and emoluments incident thereto, and be subject to all the installments, forfeitures, and penalties due, or to become due thereon as the original subscriber would have been. SECTION 9. And be it further enacted as aforesaid, That the said Dividend* President and Directors shall from time to time make and declare'''' dividends of the nett profits of the business of the Company, or 10 LAWS OF THE of such portions of such profits as they may deem advisable; the triati de' times for which shall be fixed by the by-laws, and public notice thereof shall be given by them. And at such annual meeting INporf f of the stockholders it shall be the duty of the President and , ., l'rvIdtoanmL , Direetors of the preceding year to submit a report, and to exhibit OVK, to them a full and correct statement of the proceedings and affairs of the Company for that year. puny Su'nos 10. Awl be it farther enacted as aforesaid, That the said Company he and they are hereby authorized to survey, locate, tlt11 a ra , and construct a railroad, with one or more tracks, as follows, Where. that is to say: to begin at the sidelini.,0-' at the south end of the switch at Townsend, on the Delaware Railroad, and from the said. point so fixed on the Delaware Railroad aforesaid, to run by the COI% r0. most direct and eligible line, or route, to the line dividing the State of Delaware and the State of Maryland; to intersect said State, or dividinp; line from the aforesaid place Of beginning at such point, or near as practicable, in a direct line from the afore-said place of beginning, to such point on the State line at the intersection where the Smyrna and Head of Sassafras road crosses the State line or to such other point on said State line within one and a half miles south of where said road crosses said State linc, nearest to and in the most direct line of the Kent County Railroad, in the said State of Maryland, and to intersect and connect with the said Kent County Railroad, at such point on said last men-tioned railroad, in said State of Maryland, as may be selected and fixed upon by the said Company hereby incorporated, and to con- Ni.,y mot, neet and unite their said railroad with the Delaware Railroad aforesaid, with the assent of the Delaware Railroad Company; and also to connect and unite their said railroad with the said County Kent County Railroad, in said State of Maryland, with the assent of the President and Directors of the said Railroad Company, lrm, lw upon such terms and conditions as shall be arranged and agreed upon by the said Railroad Companies respe.ctively, to be reduced to writing, and authenticated under the- seals of the said Com-my ,,,, panics respectively. And for the purposes ot surveying, locating, In". and constructing the said railroad as aforesaid, the said Company shall have full authority to enter uponany land, public or private property, necessary therefor;- and to procure sand, gravel, wood, and other materials therefrom; and to obtain right and title to the same as hereinafter provided. SECTION 11._ And be it farther enacted as aforesaid, That when-ror tow ever any land, earth, sand, gravel, or other materials necessary to 1""' b0 taken and used in the construction of the said railroad cannot be procured or purchased of the owner thereof, by agreement be-tWeen hint and the said Company, the latter may apply to the Superior Court of New Castle County, or to any Judge thereof in vacation, first giving the other party at least five days notice, STATE OF DELAWARE. 17 in writing, of the intended application, if within this State, and the 'said Court or Judge shall appoint five judicious and impartial freeholders to view the premises; and assess the damages which the owner or owners will sustain by reason of the said railroad's passing through it, in taking and using the same. The said free- Frorholdoro holders shall be sworn or affirmed before some Judge, Justice. ofrybwear. the Peace, or Notary Public, before entering upon' the premises, faithfully and impartially to perform the duty assigned them, and Their duties. they shall give ten days written notice to the owner or owners of the premises, if within this State, and the same to the President of the said Company, of the time of their meeting for the dis-charge of their duty, which shall be upon the premises, and they shall make report in writing, under their hands, or the hands of a majority of them, to both parties; but if either party beWrit of ad dissatisfied with the damages so assessed, such party may, on "In' application to the Prothonotary of the Superior Court in and for flow pro. New Castle County, within thirty days after such assessment, sue CU"' out a writ of ad quod clamnum, requiring the Sheriff, in the usual form, to inquire of twelve impartial men of his bailiwick of the damages aforesaid, and their report shall be final: Provided, always that the minimum amount of damages awarded in any case, shall be the actual cash value of the land, earth, sand, gra-vel, or other materials, so to be taken and used as aforesaid; whereupon the damages so assessed being paid by the said Com-pany to the party entitled, or into said Court for his, her, or their 1 use, whether they be under any disability, or, in or out of this State, the title to the land and premises described and condemned in said report for the purposes aforesaid, shall be absolutely vested in the said Company, their successors and assigns. The fees of the said freeholders and Prothonotary in all such proceed- re., by ilrYS shall be fixed by the said Court, and in all eases shall be "'"u Paid. paid by the said Company. SEC. 12. And be it further enacted as aforesaid, That it shall be Croutags, the duty of the said Company to construct and keep in repair good and sufficient passages across such railroad, where any public road shall cross the same, so that carriages, horses, persons, and cattle, shall not be obstructed in crossing said railroad; it shall likewise be the duty of the said Company, when the said railroad shall intersect any farm, to provide and keep in repair a suitable passage across the said railroad for the use of the said farm, and also to erect and maintain along the whole line of said railroad, on both sides thereof in this State, (before the said rail-road shall go into operation,) a good and substantial fence, so AS Feam. not to obstruct the travel on the public carriage roads, in the said Appoquinimink hundred. 3 SEC. 13. And be it further enacted as aforesaid, That if any Peoatty tor person or persons shall wilfully and intentionally damage ortt.g;; obstruct the said railroad, or any part thereof, or any part of the ccourawf 3 .18 LAWS CFI TITE works, cars, or other property of the said Company, any person or persons so offending shall be liable to the said Company in a civil action for double the damages sustained; and shall moreover be guilty of misdemeanor, and on indictment and conviction, shall be fined not exceeding one thousand dollars, at the discretion of the Court, rollure to SEC, 14, And be it farther enacted as aforesaid, That if at any "nloet °t o" icei-A time an election of Akers of the said Company shall not be held, rorPor- and had pursuant to the provisions and appointment of this act, the corporation shall not for that cause be deemed to be dissolved; but it shall be lawful to hold and have such election, at any.tiino afterwards, on giving ten days notice thereof in two newspapel.s published in this state, of the time and place of holding such election, and it shall be lawful for the Governor of this State, for the time being, to supply any vacancy or vacancies that may occur among the Commissioners appointed by this act. Tox to the Sm. 15. And be it farther enacted as aforesaid, That the said State: Company shall pay seini.annually into the Treasury of this State, a tax at the rate of one.half of one per cent. per annum on the capital stock of the said Company actually paid in, whenever the business of the said Company shall over and above its liabilities or expenses yield to the stockholders a profit or dividend on such stock, equal to the rate of nine per cent, per annum. Public act. SEcTiOli 16, And be it .further enacted as aforesaid, That this net shall be deemed and taken to be a public act, and may be pleaded and given in evidence as such, in all courts of law and equity in this State. And that this charter shall be deemea and hold to be perpetual, or witliont limitation as to time, subject, Revocation: nevertheless, to the .power of revocation for this [the] misuse or abuse of its privileges by the said Company, which is hereby reserved to the Legislature. Passed at Dover, January 29, 1861. OrlAnlilt 10. An Act to amend all if entitled, "An Act to incorporate a flank in Middletown, under the name of 'The Citizen's Bank of the State of De/aware, at Middletown.' " - SECTION. 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in Chineral Assembly met, (two-oas, thirds of each branch of.thc Legislature concurring therein,) That nleedd. the act, entitled, "An Act to incorporate a Bank in Middletown, . under the name of 'The Citizen's Bank of the State of Delaware, STATE OE DELAWARE. 19 at Middletown,'" be and the same is hereby amended as follows, to wit: 1st. 13y striking out the word "seven" where it occurs in Sections 6 and 7, and inserting in lieu thereof the word "nine." 2d. By striking out the words "Three of the said Directors shall not be eligible for more than two years in succession" in Section 6, and inserting in lieu thereof the words, "One of the said Directors shall not be eligible to a re-election." 3d. By striking out the word "July" in line sixteen of Section 7, and inserting in lieu thereof the word "May." 4th. By adding to the sixth .finidanientat article of Section 9, after the word "bank" the words 'deposits not included." 5th. I3y inserting after the word "con-turn" and. before the word 4'on, in line three of Section 10, the Words "per annum." &arm 2. And be it further enacted, That the said act of in-corporation shall be road and construed as hereby amended, and shall be so published in all future editions of the laws of this State. Passed at Dover, Ilbrttc-tr,y 1, 1861. CHAPTER 11. A Parikr Suppietatstt to an Act entitled, " An Act to intorporate a /Mak in the City of Wilmington, under the name of The Ne-chanies Bank" passed at Dover, February 14, 1855. 'SECTION 1. Be it enacted by eh Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring,) That in case of a vacancy- or Vacancies in the Board, of Directors of the Mechanics Bank, by death, resignation, removal from the State, or other. wise, the remaining Directors shall have power to fill such vacancy or vacancies from among the stockholders of said bank. SECTION 2. And be it fatther enacted, That instead of three .Directors being ineligible for re-election every two years, two Directors shall be ineligible every year. 'SEcTio,1- 3. And be it .farther enacted, That so much of the act to which this is a further supplement, as inconsistent with, or repugnant to this act, be and the same is hereby repealed, made null and void. Passed at Dover, Pebruary 5, 1801. 18 LAWS OV works, cars, or other property of the said Company, any person or persons so offending shall be liable to the said Compituy in a civil action for double the damages *sustained; and shall moreover be guilty of misdemeanor, and on indictment and conviction, shall be fined not exceeding one thousand dollars, at the discretion of the Court .to SEC. 14. And be it /griller enacted as aforesaid, That if at any /hit to° "1'1c1'.4- 4 time an election of officers of the said Company shall not he 'held mtv.' rorror- and had pursuant to the provisions and appointment of this act, the corporation shall not for that cause be deemed to be:dissolved; but it shall be lawful to hold and have such election, at anytime afterwards, on giving ten days notice thereof in two newspapef.s published in this state, of the time and place of' holding such election, and it shall be lawful for the Governor of this State, for the time being, to supply any vacancy or vacancies that may occur among the Commissioners appointed by this act. Tux to the Sm. 15. And be it farther enacted as aforesaid, That the said &ate, Company shall pay seini.annually into the Treasury of this State, a tax at the rate of onehalf of' one per cent. per annum on the capital stock of' the said Company actually paid in, whenever the business of the said Company shall over and_ above its liabilities or expenses yield to the stockholders a profit or dividend on such stock, equal to the rate of nine per cent, per annum. main,: act. &MOS' 16. And be it ,farther enacted as aforesaid, That this act shall be deemed and taken to be a public act, and may be - pleaded amid given in evidence as such, in all courts of law and equity in this State. And that this charter shall be deemed and held to be perpetual, or without limitation as to time, subject, Revocation: nevertheless, to the .power of revocation for this [the] misuse or abuse of its privileges by the said Company, which is hereby reserved to the Legislature. Passed at Dover, January 29, 1861. - CHAPTER, 10. An Act to amend an tact entitled, "An Act to incorporate a Bank in Middletown, under the name of 'The Citizen's Bank of the State of Delaware, at Middletown.'" - SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two-so, thirds of' each branch of.the Legislature concurring therein,) That the act, entitled, "An Act to incorporate a Bank in Middletown, ninoidesl. under the name of 'The Citizen's Bank of the State of Delaware, I 4 STATE OF' DELAWARE, 19 nt Middletown,'" be and the same is hereby amended as follows, to wit: 1st. By striking out the word. "seven" where it occurs in Sections 0 and 7, and inserting in lien thereof the ward "nine." 2d. By striking out the words "Three of the said Directors shall not be eligible for more than two years in succession" in Section 6, and inserting in lien thereof the words, "One of the said Directors shall not be eligible to a re-election." 3d. By striking out the word "July" in line sixteen of Section 7, and. inserting in lieu thereof the word "May." 4th. By adding to the sixth Annie:mental article of Section 9, after the word "bank" the words qleposits not 'included." 5th. By inserting after the word "een-tum" and before the word "on,' in line three of Section 10, the Words "Per annum.". SECIION 2. And be it further enacted, That the said act of hi- - corporation shall be read and construed as hereby amended, and shall be so published in all future editions of the laws of this State. - - Passed at Dover, Febraary 1, 1861. CTIAPTER, 11. .4 rare/ter Supptestent to an. Act entitled, "An Act to incorpornie a Bank in. the CO of Wilmington, under the name of Vhe 21e. ehanitt Bank" passed at Vover, February 14, 1855. 'SEMON 1. Be it enacted by the Senate and House of Represen. .tatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring,) That in case of a vacancy or Vacancies in the Beard of Directors of the Mechanics Bank, by death, resignation, removal from the State, or other-wise, the remaining Directors shall have power to fill such Vacancy or vacancies from among the stockholders of said: bank. &MON 2. And be it farther enacted, That instead. of three .Directors being ineligible for re-election every two years, two Directors shall be ineligible every year. Sli:CTION" 8. And be it .farther enacted, That so much of the act to which this is a further supplement, as inconsistent with, or repugnant to this act, be and the same is hereby repealed, made null and void. Passed at Dover, February 5, 1801. 20 LAWS OF THE CHAPTER 12. An Act authorizing the making of certain Indexes to the -Records of the Superior Court in Sussex County. Preamble. WHEREAS by Chapter 337 of "Volume 11 of the LawS of the State of Delaware, certain provision was made concerning the indexing of the Judgment and Continuance Dockets of the Supe-rior Court in Sussex County; and whereas under said act but two of said records, to wit: the Judgment Docket, marked 1831 and 1836, have been indexed ; and whereas all of the residue of said records, embracing sonic nine volumes, have no general index other than those annexed to each volume, some of which are becoming effaced and worn by time and repeated use, causing great inconvenience to the public; therefore, Fronton°. SECTION 1. Be it enacted by the Senate and House of Represen-tary to pro. tatives of the State of Delaware in General Assembly met, That vide books. John Turpin Moore, the present Prothonotary of the Superior Court of the State of Delaware in Sussex County, shall provide two or more good, substantial, and well bound books, in which he To make shall make a full and complete direct and reverse index to all of index to the Judgment and Continuance Dockets of the Superior Court in Judgment and Dentin- Sussex County, for the indexing of which no provision has here. auan.ce Dock- tof.ore been carried into effect. COMI11111111011. SECTION 2. And be it further enacted, That Jacob Moore and tO exit. Charles M. Cullen be, and they are hereby appointed Commission- mine and compare. ers, whose duty it shall be to examine the said transcript or copy of said Judgment and Continuance Indexes, after their completion To make as aforesaid, and if they approve of the execution thereof, they certificate. shall certify the same to be a true and faithful transcript, and that then and after such certificate, the said books containing the Indexes so as aforesaid ordered to be made, shall become the index to the Judgment and Continuance.Dockets aforesaid of said Superior Court, in lieu of the indexes now used therein; and the Compenna. said Commissioners shall also fix the sum to be paid to the said lion fixed by John Turpin Moore for his services upon the completion thereof, CO=111011011. ere. and report the same to the Levy Court of Sussex County by their certificate, and thereupon it shall be the duty of the said now paid. Levy Court to pay to the said John Turpin Moore the sum so as aforesaid fixed by the said Commissioners, as also to the said Commissioners a just and reasonable compensation for their ser-vices. Passed at Dover, February 6, 1861. STATE OF DELAWARE. 21 CHAPTER 18. An Act to amend Chapter 89, Section 25, of the Revised Statutes of the State of Delaware. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That Section 25 of Chapter 89 of the Revised Statutes of the State Of Chaditer 69, Delaware be, and the same is hereby amended by inserting in Elle .t.ee vised23' 4 of said Section, between the word "for" and the word nut:. isimtaetuntde:i. sing" the words "medicine and medical attendance during the last sickness, and for" Passed at Dover, February 7, 1861. CHAPTER 14. A Supplement to the Act entitled "An Act concerning the payment of Promissory Notes, Checks and Bills of Exchange." SEC'TION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That Section 1, of Chapter 195 of the Laws of the State of Delaware be, chapter 195, and the same is hereby amended, by inserting in the fourth line Xel.;a1;.. of the said Section, immediately after the word "July" the 1.ms, words "or the day recommended by the Governor of this State as amended. a day of Thanksgiving, commonly called Thanksgiving Day, whenever the same shall be so recommended." Passed at Dover, February 7, 1861. CHAPTER 15. An Act authorizing the Prothonotary of Kent County to copy Indices. SECTION 1. Be it enacted by the Senate and How of Represen-tatives of the State of Delaware in General Assembly met, That Levy Court the Levy Court of Kent County be, and they are hereby author-tourryrolzed ized, if in the judgment of the said court it shall be necessary, to itilignor cause to be made, by the Prothonotary of said county, a true and Kent County correct copy or transcript of the Indices of the judgments entered or transcribed. signed in the Superior Court of the State of Delaware, in and for ;)-2 LAWS OF THE rim what Kent County, from the year one thousand eight hundred and ewe. thirty-two to the April Tenn one thousand eight hundred and rrnuiono- sixty-one, in a substantial and well bound book or books, to be IL by the said Prothonotary provided for that purpose. SECTION 2. And be it further enacted, That if the said Levy. Court shall deem it necessary, that the Indices aforesaid should C0111111k%/011- be copied or transcribed, then that Joseph P. Comegys anci John B. Penington be, and they are hereby appointed Commis sioners, whose duty it shall be to examine the said transcript or copy of said Judgment Indices after the said Prothonotary shall have completed it, and if they approve of the eXecution thereof; Certificate, they shall certify the same to be a true and faithful transcript, and that then, and after such certificate, the said transcript or copy shall become tmd be the Indices to judgments entered or signed in said Superior Court, for the time aforesaid, in lieu of the Indices now used therein, and the said Commissioners shall also certify the completion of said transcript or copy to the Levy Court of Com ileum- Kent County, who shall pay to the said Commissioners and Pro-llow paid. thonotary a just and reasonable compensation for their services. Passed at Dover, February 12, 1861. CHAPTER 16. An Act to incorporate Shawnee Tribe, No. 5, Improved Order of Red Nen, Smyrna, Delaware. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two-thirds of the members of each branch thereof concurring,) That ernbye'j a- A. P. Rush, William R. McFarlane, John E. Mount, Leopold """r" Kind, -William Meredith, William N. Ransom, James G. Meredith, Joseph Evans, Charles D. Letherbury, Edward McDonald, Wil-liam P. Legg, Joshua Hoyle and C. H. Hackett, and such other persons as now are or hereafter may become members of Shawnee Tribe, No. 5, Improved Order of Red Men, located in the Town of Smyrna, in Kent County, State of Delaware, shall be, by virtue of this act, one body polite and corporate in fact and in law, and Title. shall have continuance and succession for twenty years, by the name, style and title of Shawnee Tribe, No. 5, I. 0. R. M., Smyrna, Delaware. rower. of SECTION 2. And be it further enacted, That the said Corpora- C""rall", tion, and their successors, during the term of their corporate exist-ence, shall be capable in law to purchase, take, receive and hold 'any lands, tenements, hereditaments, rents, leases, stocks, goods STATE. OF DELAWARE. 23" and chattels, bonds, notes, mortgages or money, or any other property whatsoever, which may be devised, given or conveyed to, or received by the payment of fees, dues and fines,, and also to grant, sell, let, bestow, assign or transfer the same, and doall other mattei.Srelatinghereto by the name and title aforesaid; and Shall have a comnion seal, with authority to break, alter and renew the same at "pleastire; may sue and be sued; plead and be impleaded, in any court of law or equity in this State, or elsewhere, in any and all manner of actions, suits, complaints, pleas, causes, and' matters whatsoever. SECTION 3. And be it further enacted, That the members of the Moors. Corporation shall, have power to appoint or elect such officers as they shall deem necessary and proper to conduct the business of the said Corporation, and properly manage its affairs conformable to the provisions of this act and to the by-laws of the said Corpora-tion, and from time to time make and establish such by-laws and. rules as they shall deem proper and necessary for the good gov-ernment thereof. Provided such by-laws and rules be not contrary Proviso, to the laws and constitution of this State or of' the United States. SECTION 4. And be it further enacted, That the said Corporation shall not have power to hold or possess in any manner, goods, chattels, rights, credits, lands or tenements, or any other property, the clear income of which shall exceed the sum of five thousand dollars, and shall not possess any banking powers, other than thern;:aniA, lending of money on security for permanent investment. proaitted. - SECTION 5. And be it further enacted, That this act shall he public act, deemed and taken to be a public act, and the power to revoke this charter at any time is hereby reserved. to the Legislature. Passed at Dover, January 29, 1861. CHAPTER 17. An Act to incorporate the Members of the Fame Hose Company, of the City of Wilmington. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring,) That George rembern W. Wilkins, John Hazel and Joseph H. Martin, and such other corporatod. persons as are or may hereafter become members of the Fame Hose Company, of the City of Wilmington, according to the laws and constitution of said Company, shall be, by virtue of these presents one body politic and corporate in deed, fact, name, and in law, to have continuance for twenty years, and no longer, by 24 LAWS OF THE Name, the name of the Fame Hose Company of the City of Wilming-ton. Power of SECTION 2. And be it enacted, That the said Corporation, by c""t'"' the name aforesaid, shall be capable to sue and be 'sued, plead and be impleaded, answer and defend, be answered and defended, in the Courts of law or equity, or in any other place whatsoever, and to purchase, take, and hold real estate and personal property, and to dispose of the .same, and to receive and make all deeds, transfers, contracts, covenants, conveyances, and grants, whatso-ever: Provided, nevertheless, That the said Corporation shall not take, have, hold, or possess, at any time any other real estate or property, house or houses, other than what shall and may be necessary for the purposes of the protecting, sheltering, and taking care of' the carriage, hose, and other improvements and property of said Company, connected with the business and ob-jects of the said Company, including a suitable room for holding Provime. the meetings of the Company, and provided, That the personal pro-perty of said Corporation shall not at any time exceed the value of five thousand dollars, and provided further, That the business and objects of said Corporation shall be, and the same are hereby limited and restricted to the usual and ordinary business and objects of such fire Companies. SECTION 3. And be it enacted, That it shall and may be lawful to and for the said Fame Hose Company of the City of Wilming-ton, and their successors, to have and use a common seal, with such device or devices as they [may] think proper, for sealing all and singular, deeds, grants, conveyances, contracts, bonds, and singular* other affairs touching or concerning said Corporation. . SECTION 4. And be it enacted, That the members of said Cor-poration shall have power to appoint such officers as they may deem necessary or proper to conduct the affitirs of the Company, and from time to time to make and establish by-laws, rules, and ordinances, not contrary or repugnant to the laws and constitution of this State, or of the United States, as they shall deem necessary and proper for the good government of said Company. Revocation. SECTION 5. And be it further enacted, That the right and power, at any time hereafter, to change, alter, annul, or revoke this act, and all and every the provisions of the same, are hereby reserved to the Legislature. Public Act. SECTION 6. And be it further enacted, That this shall be a public act. Passed at Dover, January 30, 1861. * Bo in original. Seal. By-Lawa. STATE OF DELAWARE. 25. CHAPTER 18. An Act further to amend the act entitled "An Act for the Encourage-ment of Internal Improvements in the State of Delaware." SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That the act entitled " An Act for the Encouragement of Internal Improve- Art for the ments in the State of Delaware" passed at Dover, January 26, mEnernotnatgioni A. D. 1859, be, and the same is hereby amended as follows, to teropymmigt; wit: By striking out the words "Thomas H. Denney, Alexander l'ineneded.r Laws and George W. Spicer, commissioners hereby appointed to Corninteelon. superintend and conduct said last named improvements" in lines:or;Ver- 35, 36 and 37 of Section 6, and inserting in lieu of the words so stricken out the words "the Leipsic Navigation Company." SECTION 2. And be it further enacted, That the said Thomas H. Denney, Alexander Laws and George W. Spicer, commissioners appointed by the act to which this is an amendment, are hereby authorized to account with and pay over to the "Leipsic Naviga-tion Company" all moneys which they may have received by virtue of said act and appointment, and which have not been by them expended in pursuance of the provisions of said "Act for the Encouragement of Internal Improvements in the State of Dela-ware." SECTION 3. And be it further enacted, That it shall be, and is hereby made the duty of the State Treasurer to pay to the said "Leipsic Navigation Company" all moneys now applicable or here-after to become applicable to the appropriation for the improve-ment of the Creek leading up to Leipsic, as contemplated by the act to which this is an amendment, and which have not already been paid to the commissioners appointed in said act to receive the same. Passed at Dover, February 5, 1861. CHAPTER 19. An Act dividing Brandywine Hundred into Two Election Districts. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SEcnorr 1. That nrandryin. for the purpose of holding elections for State and County officers It.itrinto in Brandywine Hundred, the said hundred shall be divided intotw"tecti°4 4 mut:iota. 26 LAWS OF THE now divided two election districts, eastern and western. The Brandywine Eastern Election District shall be composed of all that portion of said hundred cast of the following line, to wit: Beginning on the Delaware River at Quarryville Creek, thence with the several meanderings of the main branch of said creek until' it intersects the Cabin Road, thence with said Cabin Road until it strikes the Folk Road at Talley's Corner, thence with the said Folk Road to Miller's Corner at the crossing of the said Folk Road and the Grub Road, thence with the said Grub Road until it strikes the Naaman's Creek Road, thence from the said intersection of the Grub Road with the Naaman's Creek Road in a straight line with the Grub Road until it strikes the Pennsylvania line. All that portion of said hundred west of said line to be called Brandywine West Election District. Eieetione, SECTION 2. The elections for the said Brandywine East Election where hall District shall be held at the Tavern House called the "Practical Farmer" now occupied by John B. Grubb; and the elections for. Brandywine West Election District shall be held at the Academy in Brandywine Village, as heretofore. Eiretors to SECTION 3. At the said places shall be held the general elections, all special elections for the members of the General Assembly and Representative in Congress, elections for Electors of President and Vice President of the United States, and elections for Assessor of the said hundred, and for Inspectors of the said election districts. The electors residing in the said hundred shall vote in the election distriat in which they shall at the time reside. Election SECTION 4. All the laws of the State touching elections held in alapwpnly t oto the several hundreds of the State shall apply to elections for the :IV:ILL same officers of the said election districts, excepting only so far as Exception. the general law for the election of Assessor and Inspector is qualified by the provisions hereinafter contained. - Assmorand SECTION 5. There shall be elected in accordance with the pro- /"Peet°"' visions of Chapter 17 of the Revised Statutes, one Assessor for Brandywine Hundred and one Inspector for each of the said districts. In such election for Assessor and Inspector, the Col- ProAhling lector of said hundred shall be the presiding officer of Brandywine (Oliver, when West Election District, and some qualified voter of the district, to mid how op- rotated, be appointed by the Levy Court of New Castle County in the month of March next previous to the election, shall be the presid-ing officer for Brandywine East Election District, and shall have all the powers and perform all the duties of the presiding officer of such election according to law; and if' at any election for Assessor and Inspector in said Brandywine East Election District a presiding officer shall not have been appointed er shall not be present at the time and place of opening the election, the electors present shall choose a presiding officer for said election, according to the pro-visions of Section 10 of Chapter 18 of the Revised Statutes, The STATE OF DELAWARE. 27' Levy Court of New Castle County shall at the time of the appoint-ment, make provision for the furnishing by the Collector of a list of the voters of the said hundred to the person appointed as pre-siding officer as aforesaid. SECTION 6. Immediately upon closing the election for Assessor enimilte. and Inspector in the said election districts, and ascertaining the of State of the 'vote, the presiding officer and judges of the election in each of said districts shall make and sign certificates according to law of the election of Inspectors, varying from the form .pro-scribed for that purpose by omitting the Assessor, and in lieu of including the election of Assessor in such certificate, they shall make and sign a certificate of the number of votes given for each Candidate voted for as Assessor. SEcTioN 7. The said presiding officers and judges of both the Presiding said election districts, shall assemble on the day next succeeding:',.',',44;',',U): said election, at 12 o'clock, M., at the place of voting in Brandy- when wine West Election District aforesaid, and ascertain the aggregate number of votes given in both the said districts for Assessor. The candidate having the highest number of votes shall be declared duly elected Assessor, and the presiding officers and judges shall make, sign and deliver certificates of said election according to law. If two candidates for said office shall have the highest and an equal number of votes, the Collector or presiding officer of said Tie Tote. Brandywine West Election District shall give a casting vote, which shall elect the candidate in whose favor it is given. Passed at Dover, February 7, 1861. CHAPTER 20. An Act to incorporate the Dover Gas Light Company. SECTION 1. Be it enacted by the Senate and House of Represen-tatives qf the State of Delaware in General. Assembly met, (two- Persons In. thirds of each branch concurring therein,) That Daniel Trump, corpornted. Seneca E. Malone, Robert Taylor, David F. Burton, Charles N. Trump, John H. Cooper, A. B. Richardson, and Charles Trump, and their associates or persons who shall become stockholders, be and the same are hereby made and constituted a body politic and Nam or corporate, by the name and style of "The Dover Gas. Light Com- c°1"PnnY' pany" and by the said name they and their successors shall and Powers. may have perpetual succession, and shall be in law capable of sueing and being sued, pleading and being impleaded, in all i Lt 28 LAWS OF THE Courts and judicatories whatsoever, and also of contracting and being contracted with, relative to the business and objects of the said corporation, as hereinafter declared; and they and their sue- Seal. cessors may have a common seal, and may change and alter the same at pleasure, and they and their successors as aforesaid shall have power to lease or purchase in fee simple such real estate as may be necessary for carrying on the business of said corporation, and in their corporate nanie to make and execute their obligations for their liabilities created for the purchase money for the same, and other necessary effects of said corporation as they may de-cree expedient: Provided, That such liabilities shall' be created only for the purposes stated in this act. Object, of SECTION 2. That the corporation hereby created is so created ineerpora-tlon. for the purpose, and for such purpose shall have authority of supplying gas to light the town of Dover, and such individuals residing therein as may desire a supply of the same; and for dis-tributing and selling gas for the production of artificial light, and for making and erecting the necessary apparatus for manufac-turing, distributing, and introducing the same, and constructing the requisite buildings and machinery, and purchasing and pre- Right to paring the necessary materials, with the right to enter upon any enter streets to lay plpe, public street, lane, or highway for the purpose of laying down &c. the pipes necessary for conducting said gas, and to repair, alter, and inspect the same, doing as little damage as possible to the streets, lanes, and alleys, and repairing the injury. that May be done to the same, with as little delay as possible, and securing the citizens from accident and danger, whilst so laying down or repairing their pipes. Capital Mock SECTION 3. That the capital stock of the said Company shall How divided be fifteen thousand dollars, to be divided into three hundred May be In. shares of fifty dollars each, with the right to increase said capital creased. stock, from time to time, as the Board of Directors of said Com-pany shall deem necessary: Provided, That the whole capital stock shall not at any time exceed thirty thousand dollars: and Provided further, That said Company may, in lieu of increasing their capital stock, be authorized, if the Board of Directors and a majority of the holders of the stock already subscribed shall so May borrow determine, to borrow money to an amount not exceeding the money. amount said capital stock may be increased, and to make and execute a mortgage or mortgages, pledge or pledges, of the pro. Security. perty and effects of said corporation, for the security of the repayment of the amount borrowed, or give such other evidences of indebtedness as may be agreed upon. Temporary SECTION 4. The management and control of the "Dover Gas management Light Company" shall be vested in the persons named in the first Section of this act, until the period herein fixed for the regular election of Directors of said Company. STATE 01? DELAWARE. 29 SECTION 5. There shall be an annual meeting of the stock- Annual holders on the first Tuesday in April, in each and every year 'lag. during the continuance of the corporation. An election of Di- Election of rectors shall be held at the annual meeting before mentioned, in Dir °'°". each and every year, at which five Directors shall be elected. If said meeting shall not take place, or said Directors shall not be In case of elected on the day appointed, the corporation shall not for that ren..elelti", reason be dissolved, but the Directors then in office shall continue to perform all their duties and shall retain all their powers until such meeting shall take place, and such election be made. Oeca- Occasional sional meetings of the stockholders may be called in the manner meeung8. prescribed by the by-laws. All elections shall be by ballot. The Elections to stockholders respectively shall be entitled to as many votes asbe by ballot. they shall respectively hold shares, one vote for every share, and Each share the stockholders who may be absent from such meetings shall be igtloili;r entitled to vote by proxy in all elections, and on every subject to ow, Tote, and question which may come before the meeting; but no share shall confer a right to vote, unless the same shall have been bona fide held for one calender month prior to the meeting. SECTION 6. Said Company shall procure certificates, or evi- Certificates deuce of stock, for all the shares of the said Company, and shall "°`k. deliver one such certificate signed by the President, and counter-signed by the Secretary, arid sealed with the common seal of said corporation, to each person for such share or shares of stock as by him or her are respectively owned; which certificate of stock shall be transferable at his or her pleasure in person, or by attor- now trans-ney duly authorized, in the presence of' the President or Secre- re"' tary, in a book to be kept by the said corporation for that pur-pose. SECTION 7. The Board of Directors of said Company shall Ilfeetinge of meet at such times and places as shall be provided in the by-laws Director'. of said Company; four of whom shall be a quorum, who in the Quorum. absence of the President may choose a Chairman, and shall keep the minutes of their transactions fairly entered in a book; and a Minutes. quorum being formed they shall have full power and authority to Pow.r.. purchase lands, gas works or erect the same; to appoint all officers, and employ such assistants as shall be necessary to carry out the objects of this corporation; to direct what orders shall be drawn upon the Treasurer, which shall be signed by the Presi-dent, and counteisigned by the Secretary; to fix all salaries and rates for the use of gas; to enact by-laws for the proper regula-tion and government of said corporation, and generally to do such matters, acts, and things, as by this act and the by-laws of such corporation they are authorized to do. SECTION 8. The Board of Directors of said Company shall Dividends. declare dividends of so much of the nett profits of the Company, as shall appear to them advisable, on the first Tuesday in April :d.. 30 LAWS OF 11111 and October of each year, which shall be paid to the stockholder on demand ten days after the same shall have been declared. Interference SECTION 9. If any person or persons shall open a communica, WIth MAN Ore 'trent- tam into the gas main or other gas pipe of :laid Company without blted. authority from the Street Inspector, or other authorized agent of said Company, or shall let on the gas after it has been stopped by order of said Inspector, or other atithorized agent of said Coin. puny, for repairs, or any other cause or Purpose, or shall put up any pipes or burners in addition to the pipes originally put up and inspected, and introduce into thein the gas, without authority as aforesaid, he, she, or they shall be subject to a penalty of not Penalty. less than live, nor more than fitly dollars, to be recovered before any Justice of the Peace, as debts of like amount are by law recoverable, one-half to be paid to the informer, and the other half to said Company. jp tpirrin,ogn goetni- SEcTION 10. If any person shall wilfully or maliciously do, or Worketce,, cause to be done, ally act or acts whatsoever, whereby any build. ItntIty lnett. thisde ing, construction, or works of said Company, or any gas pipe, ter. gas post, burner or reflector, or any matter or thing appertaining to the same, shall be stopped, obstructed, injured, or destroyed) the person or persons so attending shall be considered guilty of a nt be In misdemeanor, and may be therefor indicted in the Court of Gen-tlIcted. eral Sessions of the Peace and Gaol Delivery, in and for Kent County, and on conviction thereof) shall be punished by fine not Penalty. Mcecaing five hundead dollars, or imprisoned not exceeding one year, or both, in the discretion of the Court: Provided, That such Snit (emboli- criminal prosecution shall not in any way impair the right of said ugue. 00111Pally to a full compensation in damages by civil suit. paid In. Stock. !tow SECTION 113 Subscribers to the capital stock of said "Dover said Company) at the time of subscribing, the SUM of five dollars on each share. The residue of the amount so subscribed for shall Gas Light Company" shall pay to the managers for the use of be paid in such manner, and in such installments, and at such times as the Directors shall appoint. At least ten clays notice shall be given of the manner and time which they shall appoint for the xouce. payment of any installment. Such notice shall be by publication in one newspaper printed in Dover, or otherwise, as the Directors shall think proper. Neglect to SECTION 12. That if any of the installments which may be called pay !oxtail. /imam. for as aforesaid, shall not be paid within thirty days next after the time in said call appointed for the payment thereof, the said Forfeiture. Directors may either declare such share or shares forfeited on which delimit is made, in which case they may be disposed of at the pleasure of the corporation, or they may sue for and recover the installment or installments, or part or parts remaining un-paid. STATEOF DELAWARE. 31 SECTION 13. And be it .further onaeled, .1.that this act sluffl be Public Act. deemed a public act, and the right of repeal is hereby reserved to llovocution. the Legislature. Passed at Dover, February 15, 1861, 'CHAPTER 21, ttplilenten1-lo An Ad enlRled "An Act lb reytdale the PuildinV TIquirres in the City of Olminyton." WilliltEAS- the Commissioners appointed by net of Assembly, maim,. entitled "An Act to regulate the building of Wharves in the City of Wilmington" passed at Dover, February 0, 1855, did, ill con, formity with the provisions of said net, adjust and determine a certain limit: on each side of the Christiana River, td Which 'wharves may be hereafter extended; and ivhereas, itt &terrain, ing said line or limit they fixed and established a,point at the foot of Orange Street, in said city, at the distance of four hundred and eighty feet from the southerly side of Water street, which point is eight feet and six inches inside of the end of a certain .pier, built by J. & J. A. Harris previous to the establishing and fixing of said point or limit by said commissioners; and whereas, the said pier or projection is an obstruction to vessels coming to and departing from the wharves adjacent, and also causes the mud to settle there, and in front of the wharf or wharves in the vicinity, thereby lessening the depth of water; therefore, Be it enacted by the Senate and House of RepreSenlatives of the State of Delaware in avneral Assembly met: SECTION 1. That the line in the Christiana River to which wharves may be hereafter ultirr find built shall, at the foot of Orange street, in the City of Wilmington"`"""1" extend ont to the end of the pier of J. & J. A. Harris, being eight feet and six inches further. into said river than the line established by the said commissioners, making the distance from the southerly side of Water street to the end of said pier four hundred and .eightpeight ,feet and six inches, instead- of four hundred and eighty feet, aS heretofore. making one straight line from the point -fixed at the wharf of Joshua Simmons, to the end of the above mentioned pier of J. & J. A. Harris, and another straight line from the point heretofore established at the westerly side of Shipley street to the end of the before mentioned pier of J. & J. A. Harris. Passed at Dover; February 7, 1861. - Preamble. An Act authorizing the making of General Indexes to the Record Rooks of the Court of Chancery of the State of Delaware in and for Kent County, and the Orphans' Court of the State of Delaware in and for Kent County. WHEREAS the indexes to the Record Books of the Court of Chancery and the Orphans' Court of the State of Delaware, in and for Kent County, have been made and kept for each book, and that no general index referring to all the said books has been made and kept; and whereas said practice has proved very incon-venient to persons making searches in said books, therefore, 32 LAWS OF THE CHAPTER 22. An Act to amend Chapter 99 of the Revised Statutes of the State of Delaware. SECTION 1. Be it enacted by the .Senate' and House of Repre sentatives of the State of Delaware in General Assembly met, That Chapter On, Chapter 99 of the Revised Statutes 'of the State of Delaware, be, tRueteeIsaemdeSaida: and the same is hereby amended as follows, viz : By inserting S'. immediately after the word "apply" in the eleventh line of Section 13, the words : "And whenever, a defendant or defendants in any Judgments such judgment shall have obtained a stay of execution as afore-fteacCee ITuds. said, the plaintiff or plaintiff's in such judgment may file a duly certified transcript of the docket entries of said judgment with stay of exe-cution en- the Prothonotary of the Superior Court in the county where such tered, tmns- (erred to judgment was given, and the Prothonotary shall enter in his rarr)I,oO,Ckjuclgment docket the names of the parties, the amount of the et, become liens againstjudgment, and by what Justice rendered, the time from which real estate of interest runs, and the amount of the costs, with the true date of defendant. such filing and entry; and such judgment so transferred shall from that date become and be a lien on all the real estate of the said defendant or defendants in the county .in the same manner, and as fully as judgments rendered in said Superior Court are liens, and may after the expiration of said stay of execution be executed and enforced in the same way as judgments of said court; and if any such judgment .shall be lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. The fee to be paid to the Justice for making a transcript under this section shall be fifty cents, Subject to the rules observed in the fee bill. Passed at Dover, February 8, 1861. CHAPTER 23. STATE OF DELAWARE. 33 SECTION 1. Be it enacted by the Senate and House of Rem-sentatives of the State of Delaware in General Assembly met, That the Register of the Court of Chancery- and Clerk of the Orphans' Court of the State of Delaware, in and for Kent County, be and Clerk to he is hereby authorized to make or cause to be made true and In"k'''"dil" correct copies or transcripts of the indexes to the record books of said Court, (excepting the index to the Recognizance Dockets of said Orphans' Court, which now have a general index) in sub-stantial and well bound books, to be paid for by Kent County aforesaid. SECTION 2. And be it further enacted, That John B. Penington Commlsmlott. and Eli Saulsbury be, and they are hereby appointed Commis-' sioners, whose duty it shall be to examine the said transcripts or copies of said indexes, after the said Register and Clerk shall have completed the same; and, if they approve of the execution thereof, they shall certify the same to be true and faithful trans- Certificate. cripts, and that then, and after such certificate, the said transcripts or copies shall become and be the General Indexes to the record books of said Court of Chancery and Orphans' Court, in lieu of the indexes now used, and it is hereby made the duty of the present Register and Clerk of said Courts and his successors in office, to continue said General Indexes from and after the com-pletion of the said transcripts, and the said commissioners shall also certify the completion of said transcripts or copies to the Levy Court of Kent County, who shall pay to the said Commis-sioners, and Register and Clerk, a just and reasonable compeusa- Compensa-tion for their services. tton. Passed at Dover, February 12, 1861. CHAPTER 24. An Act concerning the Town of Milford. SECTION 1. 13e it enacted by the Senate and House qf Represen tat ives of the State of Delaware in General Assembly met, That the Ack wsm Feb. t.00. two acts entitled "An additional supplement to the act out'. 1 1 and P1r4e,i i.1e18 111,a3,. 'An act .th clrecting the chosing of commissioners to regulate and ci." repair the streets of Milford, and for other purposes,VI) the one passed at Dover, February 14, 1863, and the other 'passed at Dover, February 28, 1855, be, and the same are hereby repealed; made null and void. SECTION 2. And be it further enacted, That an act entitled "An 5 34 LAWS OF TIIE Act paseed act levying a tax on dogs in South Milford, in Sussex County" hlarch 1813, repeal- passed at Dover, March 1, 1853, be, and the same is hereby ed. repealed, made null and Void. Town Corn- SECTION 3. And be it further Cnactecl, That the Commissioners of the Town of Milford, in Kent County, be, and they, or a majority to abate nut. of them are hereby authorized to abate nuisances within the limits st111C0S. of said town, and that all buildings, enclosures or pens, which occasion annoyance to the neighborhood generally, or to any family, by reason of disorderly conduct by the occupants thereof, or the purposes to which they are applied, or of the noisome and offensive smells proceeding therefrom, Shall be subject to visita-tion from time to time by the Commissioners aforesaid, and shall by their order be quieted, cleansed and purified, or such enclosures or pens shall be removed to another place, or otherwise disposed of, as they may direct, according to the circumstances of Penalty for the case : any refusal of the owner or the occupier thereof to com-relusal to ply with such order within such reasonable time as the said Com- ohPy orders or Commie- missioners shall direct, or to pay the expenses thereof, if the order aloners. is directed to be executed by the Town Constable, shall subject him, or her, so refusing, to [the] forfeiture of such sum, not less than five dollars, as the said Commissioners shall determine. The comminmon. said Commissioners shall also have power at any meeting to make ers author. ized to tnke an order to prevent accidents from fire by reason of stove pipes, or r" chimney fixtures, or otherwise, that may come to their knowledge, accident :1)y and to prevent fast drivino.9 or the racing of horses, or to prevent tire, &c. the doing of any act or thing which will in their opinion endanger the lives or property of the citizens, or from the nature of which will occasion a nuisance or annoyance to the neighborhood or to any family within the limits of the town of Milford aforesaid : and for a refusal to comply with such order, the party refusing shall incur such penalties as from the nature of the case the said Corn- Film how missioners shall determine. All fines and forfeitures under this , Iftcted and section to be collected and appropriated under the provisions of appropriated the act entitled "An Act to amend the act entitled 'An act direct-ing the manner of choosing Commissioners to regulate and repair the streets of Milford, and for other purposes,'" passed at Dover, Commiesion- February 13, 1841. And the Commissioners hereafter elected er.4 pletto com-o curb. under this last mentioned act, and supplements thereto now in lug and force, shall have power under the provisions of an act entitled "A paying. supplement to the act entitled 'An Act to amend the act entitled 'An act directing the manner of choosing Commissioners to regu-late and repair the streets of Milford, and for other purposes,'" passed at Dover, February 14, 1851, to complete such curbing and paving of the streets therein directed to be curbed and paved, as the former Commissioners failed to do, in compliance with said act. C.mminion SECTION 4. And be it further enacted, That the said Commis-inn author- :tumors are hereby authorized to let out by contract all work STATE OF DELAWARE. 3.5 necessary to be done upon the streets, lanes, alleys, gutters, side- i zed to walks and bridges of the said town, according to such terms as twr ao er l Tor may be stipulated between the parties to such contract. done. Passed at Dover, February 6, 1861. CIIAPTER 25. An Act to incorporate the St. Jones' Branch Ditch company. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring therein,) as follows, SECTIoN 1. The owners of the low grounds, marsh, and owners to cripple, in Dover hundred, Kent County, and State of Dela-fpoarzio;,.a Coin-ware, situated upon and contiguous to St. Jones' Branch, and between the public road leading from Pearson's Corner to Dinah's Cross Roads, and the head of Du Pont's null pond, shall compose a Company to be called, "The St. Jones' Branch Ditch Company" Name. for the purpose of effectually draining, ditching, and reclaiming ObJecto. the said low grounds, marsh, and cripple. SECTION 2. James Knight, William Slay, and Powell Aaron, commiamou are hereby appointed Commissioners, who shall view the pre-mises, and lay out such ditch or ditches as they may deem news- dlichec sary for the purpose of draining said low grounds, marsh, and cripple. If they think it necessary they may take with thorn a competent surveyor. They shall make out a plot and return, rot and showing the dimensions, courses, and distances of the ditch or tour.1:07vh" ditches, and by general delineation, without survey, the boundary lines of the low grounds, and of eat:11 taxables' portion thereof, or of any land benefitted, and the estimated number of acres. The said plot and return shall be lodged in the Recorder's office, and TO bo ro-be by him recorded. The Commissioners and Surveyor, if any ,`,.°Titeod: be chosen, shall be sworn or affirmed to the faithful and impartial commi.mon-discharge of duty: all the Commissioners must act, but a majority wr sOtron t3 may decide any matter. In case of a vacancy occurring in the Commissioners by death, resignation, or refusal to act, or other- how °lied. wise, the others, or other, may fill the vacancy or vacancies. SEMON 3. If any person shall be injured by the making of Damagem, any such ditch, the Commissioners shall award such person dam- kg,:ldwp"rit. ages to the amount of such injury, and the same shall.be paid or tendered before cutting the ditch. All persons who will be bone. fitted by such ditch or ditches shall be liable to contribute to the cost of making the same, and to the damages awarded, and the expenses of the proceedings, and the recording the same. The 36 LAWS OF THE Commissioners shall determine who will be benefittedi and shall apportion the said costs, damages, and expenses upon them, according to such benefit. IlridgCS (Ivor SECTION 4. If any public road crossed by such ditch will be benefittcd so that the public ought to make and maintain a bridge over the same, the Commissioners shall so state in their return, and such bridge shall be made and kept up at the public charge. mecum, or SECTION 5. The Cominissioners shall, within one month from the making of their return to the Recorder, convene the persons nth! Treo liable to contribute to any ditch embraced therein, for the' purpose of choosing two Managers and a Treasurer of the Company for Nome. one year, and until others shall be chosen. Notice of the time and place of this meeting shall be posted in at lea$ three public places in the neighbourhood, ,five days at least before thomeeting. A nn at The Managers shall annually thereafter, in, the same manner,. call a meeting for the same purpose, on the first Saturday in April. gghi,:tuteAtut At all meetings the white taxables present shall be entitled to cast one vote for every dollar of tax paid by them respectively. neturn or SECTION 6. The return made by the Commissioners shall re-main in force for live years thereafter, as the basis of any subse- how Ions to con- Tient assessment that may be made by the Managers for corn- Mut% 'Acting, cleansing, or repairing the ditch or ditches, or other ncces- New wogs. sary purposes. After five years a new assessment may be had by application of three or more taxables to any Judge of the State, motto, - how Ion to or to the Chancellor, who is hereby authorized to appoint three couthoto. Commissioners, to make said new assessment. SaidT new assess-ment when made shall be returned and recorded as the original return, and shall stand as the basis of assessment for five years, and until another new assessment shall in like manner be made. n nngers, SECTION 7. The Managers shall proceed to make and open the th"Ir Puwers ditch or ditches laid out by the Commissioners, and may cleanse dettom. and repair the same when necessary, and shall have all needful powers for that purpose. They shall keep regular accounts of all expenditures, and render the same to the Company at their annual Paymeitt., meeting. All payments shall be made by orders drawn by them how "'"" on the Treasurer. Any person assessed for a tax may discharge the same by work done by direction of the Managers, and their certificate shall be received by the Treasurer in payment of the tax. Trott mow, SECTION 8. The Treasurer shall collect all sums assessed as I:1dti;M. aforesaid, and shall have the same. power for making such collec-tion as a collector of county rates. He shall give bond to the Company, with surety to be approved by the Managers, in double the amount of the taxes to be by him collected, conditioned for the faithful performance of his duty, and for the payment to his successor of any money due from him. He shall settle with .the Company at the annual meeting, and shall be entitled to retain STATE OF DELAWARE. 3 five per cent. of the amount received by him as his compensa-tion. SECTION* 9. Each Commissioner and Manager shall be allowed Compenma-and shall be paid by the Company one dollar for every day tulloateCrsot,ti-actually spent ii the discharge of his duties. The Recorder shall gc"."gers' be paid one cent for every ten words he may record, and two dol-lars for copying the plot. The Surveyor, if any be employed, shall receive two dollars for each day's service on the premises, and ten dollars for making the plot and return. SECTION 10. The said Company is hereby created and declared Company In-to be a body politic and corporate, under the name of "The St."""ed* Jones' Branch Ditch Company" and under and by that name shall Name' be able to sue and be sued, plead and be impleadcd, in any Court Power,. of law or equity in this State, and shall have, possess, and enjoy, all the rights, incidents, privileges, liberties, franchises and immu-nities common to such corporations. Rovocallon. SECTION* 11. The power to revoke this act is hereby reserved. SEcrioN 12. If any person shall stop up or obstruct any ditch Ponrtlty ror cut under this act, he shall forfeit and pay to the Managers' who Ach;Norum may recover the same in the name of the Company, and for its Company, benefit, as debts of like amount are recoverable, a sum not less than two nor more than twenty dollars. Passed at Dover, February 7, 1861. CHAPTER 26. A Supplement to the Act entitled "An act to incorporate a Bad: in Smyrna, .nnder the name of The .Citizen's Bank of Smyrna.'" Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two thirds of each branch of the Legislature concurring) as follows, viz: SECTION 1. vol. ii, Da- ne act entitled "An act to incorporate a Bank in Smyrna, under la= Lam, the name of 'The Citizens Bank of Smyrna,'" passed at Dover, March 4, 1857, as the same may be changed, altered and modified by this act, shall be, and the said original act hereby is revived, OrIgInnl net' renewed and re-enacted, and the corporation and body politic "vIved* made and created by the name, style and title of "The Citizens Bank of Smyrna" by the act to which this is a supplement, and hereby re-incorporated, may be organized, and shall continue and be extended by and under said name, style and title for twenty years from the passage of this act, and all the powers, privileges, liberties, franchises awl immunities, granted, conferred and pro. 38 LAWS OF THE videO for in said act of incorporation, shall be, and the same are hereby continued to and may be enjoyed by said corporation for the period aforesaid, anything in said act to the contrary notwith-standing. D. Mr- SECTION 2. David J. Murphy is hereby appointed a Commis- 141c)o.n1i't1n4i.'1- ' sioner to act in the place of Samuel II. Holding, now deceased, '"'" in tl"' one of the original Commissioners appointed in and by the act to place s. Holding which this is a supplement. Time to open SECTION 3. The time for procuring and opening the subscription rou books mentioned in the -first section of said original act to which extended, this is a supplement, is hereby extended until the first Tuesday of August, A. D. one thousand eight hundred and sixty-ono; and commi,onn. it shall and may be lawful for the Commissioners to procure new '?"- books of subscription, if the old ones shall be lost, and to open books. said new books without regard to said old ones, if they cannot be found at any time after the passage of this act, before or on said Notice Now', first Tuesday of August, A. D. 1861; Provided, That notice in honks opened. be that behalf be given, and the opening of said books shall be con-ducted as prescribed in said original act, in all things except as to the day therein mentioned for that purpose. Money to he SECTION 4. The entire sum of twenty thousand dollars, which deposited, of by- Section 6 of said original act is required to be paid in and de. what nature to be. posited in the vaults or the said, "The Citizen's Bank of Smyrna" one half in specie and the other in notes of banks of this State, or of the City of Philadelphia paying specie, may be paid altogether in specie ; or any portion thereof, not less than one half, may be paid in specie, and the residue in notes of banks in this State in good credit. Stabecrip- SECTION 5. The subscriptions for the capital stock of said bank fteir"e" " mbaedree tt°o. heretofore made and subscribed, shall be treated as though the be void, same never had been made, it being the intention of this act to authorize the Commissioners to commence du novo the organiza-tion of said bank. Inatallmenta SECTION 6. It shall be lawful for the Directors of said Bank to call in and demand of the stockholders respectively, all such sums of money as they may subscribe by installments, not exceeding Notice, twenty dollars per share, upon giving thirty days previous notice to the stockholders in one or more newspapers printed in this State, and in such other newspapers as said Directors may deem proper. Temporary SECTION 7. The Directors chosen at the first meeting of the inanageme" stockholders to organize the company, shall manage and conduct of Company. the business and ailitirs of the company until the second Tuesday of May, one thousand eight hundred and sixty-two; and it shall not be lawful to re-elect more than six of the Directors at any election who may have served during the year next preceding said election. STATE OF DELAWARE. 39 ' SEuriox 8. So much of the original act, to which this is a sup- s0 much or plement, as is supplied by the .provisions of this Act, shall be andorigiflal net the same is hereby made null and void.Agent here. with ropeaPassed at Dover, February 7, 1861. . CHAPTER 27. An Act to incorporate the Clayton and Smyrna Railroad Company. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in Genereil Assembl,y met, (with the concurrence of two-thirds of each branch of the Legislature,) That John Mustard, William Cumthins, James R. Clement, Wil- Commig.hm-ham C. Eliason, Horace Spruance, Enoch Spruance, John A. Moore, Ayres Stockley and H. C. Douglass, be, and they are hereby appointed Commissioners to do and perform the several things hereinafter mentioned, that is to say: They or a majority Theirduties. of theni shall procure and cause to be opened at such time and places, and on such notice as they may deem proper, suitable books for subscriptions to the stock of the Clayton and Smyrna Railroad Company;' and they shall permit all persons of lawful age to subscribe iii said booksin their own names or in the name of any other person or company who may authorize the same, for any number of shares of the said stock. The capital stock of said conrtitoneTn company shall not exceed twenty thousand dollars, divided into L0,000. two thousand shares of ten dollars each. tIVW divided SECTION 2. And be it further enacted, That when and as soon compaily as four hundred shares of the'said capital stock shall be subscribedtte, as aforesaid the subscribers, their successors and assigns shall be, and they are hereby declared to be incorporated by the name and same. title of "The Clayton and Smyrna Railroad Company" and by the said name the subscribers shall have perpetual succession, and be able to sue and be sued, plead and be impleaded in all courts ompur, of record and elsewhere, to borrow money on the credit of the said P" . company in any sum not exceeding four thousand dollars, and to purchase receive, have, hold and enjoy to them and their succes-sors, real and personal estate of every kind whatsoever, and the same to grant, mortgage, sell, alien, and dispose of, and to declare dividends of such portion of the profits of the company as they may deem proper; also to make and have a common seal, and the same to alter and renew at pleasure; and also to make and ordain by-laws and regulations for the government of the said corpora-tion, not inconsistent with the constitution and laws- of the United States, or of this State, and generally to do all and singular the 40 LAWS OF THE matters and things which to them it shall lawfully appertain to do for the well-being and ordering of the same. Provided, That nothing herein contained shall confer any banking privileges on the said company, or any other liberties, franchises or privileges but those which are properly incident to such a corporation. At ectings to SECTION 3. And be it further enacted, That as soon as four hundred. organize company. shares shall be subscribed as aforesaid, the said Commissioners, after giving at least ten days notice thereof in two or more news-papers published in this State, shall call a meeting of the said subscribers in the town of Smyrna, to organize the said Company, by the choice and appointment of officers as hereinafter mentioned, and which meeting shall be held at such time as shall be appointed in said notice. Annual SECTION 4. And be it farther enacted, That there shall be an meetings. annual meeting of the stockholders on the second Monday in November, or on such other days as a majority of the stock- For what holders may determine, in the town of Smyrna, for the purpose of lairpoae held electing Directors, and for the transaction of other business. In all meetings of the stockholders regularly convened, those present may proceed to business, and all questions shall be determined by Election of a majority of the votes given. All elections by stockholders shall Dirt mon,. be by ballot, and all votes shall be given in person or by proxy, and each share of stock shall entitle the owner to one vote. Occa-sional meetings of the stockholders may be called, and at such places as the President and Directors may deem expedient. Firat meet. SECTION 5. And he it further enacted, That at the first meeting I"P""wek- of the stockholders to be held under the call of the Commissioners, and at every annual meeting of the stockholders to be held there-after as aforesaid, they shall elect seven Directors and a Treasurer, one of whom shall be elected by the said Directors, President, a majority of whom shall be citizens of this State, and all of them stockholders in the said company. The first election of said now con- officers shall be conducted by three of the said Commissioners as ducted. judges thereof, and all subsequent elections of said officers shall be conducted by three of the stockholders not in the board, to be appointed by the Directors for the time being, as judges for that Prexident. purpose. The President shall act and vote in all respects as a Director, and the said President and seven Directors shall form the Board, and their term of office shall be until the annual meet-ing of the stockholders succeeding their election, and until succes-sors shall be duly chosen. The said Board shall appoint, immedi- Secretary. atoly after their election, a Secretary of the said Company, who shall continue in office for the term aforesaid, and until a successor shall be duly appointed, unless sooner removed for sufficient cause, Trint%nrer to by the Board. They shall require of the Treasurer, on his Eke. vo bond. tion, a bond with sufficient security for the proper performance of the duties of his office and the faithful discharge of the trust STATE OF DELAWARE. 41 reposed in him by the said company. A majority of the whole Quorum. number constituting the Board shall constitute a quormil for the transaction of business, and in the absence of the President, may appoint a Chairman of the Board pro tempore. Vacancies in the Vacancies, Board of Directors, aild in the office of President, Secretary and how Mud. Treasurer, shall be filled by the remaining Directors, to continue as aforesaid. SECTION 6. And be it further enacted, That the said President Mootino of and Directors shall hold their meetings in the town of Smyrna Irtar;r1,..:f and such other places as they [may] deem expedient,, and the said wkr" hold. Board of Directors shall have the general direction, conduct and it, power,. management of the property and works, affairs and operations of the' said company, and for that purpose shall have power to appoint, engage and employ all such officers and agents, engineers, work-men and laborers as they shall deem necessary, and to fix the salary of all officers in the corporation, and the compensation and wages of all persons by them employed as aforesaid, and to take bond from them or any of them, with security for the faithful performance of their duties or contracts; to procure such mate-rials, erect such structures and buildings, and to purchase or employ such horse-power, cars and other equipments and sup-plies for the road, and to make and enter into such contracts and agreements with other persons and companies as they may con-sider expedient and proper and best adapted to promote the objects and!subserve the interests of the said company. They shall have full power to do all acts that may be necessary to effect the purposes for which the said company is hereby incorporated, and to this end use the capital stock and funds of the said com-pany, and to bind by their contracts, under the seal of the corpo-ration, and the hand of the President, all the property and estate of the said company. They shall also have power to make and prescribe the by-laws and regulations of the company, and to pro-vide certificates of stock under the seal of the company, and the signatures of the President and countersigned by the Secretary, for all the shares subscribed, and to prescribe the mode of assign-ing and transferring the same, and to generally do all such other matters and things as by this act and the by-laws and the regula-tions of the company they shall be authorized to do. SECTION 7. And be it further enacted, That it shall be the duty Certificates of the President and Directors to procure certificates of stock for""k' all the shares subscribed in said company, and cause the same, signed, sealed and countersigned as aforesaid, to be issued to the subscribers therefor, which shall be assignable at the will of the holder, subject however, to all pityments duo or to become due thereon, in the method proscribed in the by-laws of the company, HOW and the assignee of any such certificate so transferred shall be a". stockholder in such company, and shall be entitled to all thelt,ritZt rights and emoluments incident thereto, and be subject to all the g 42 LAWS OF THE installments, forfeitures and penalties due or to become due thereon as the original subscriber would have been. irvtallments SECTION 8. And be it further enacted, That The subscribers paid, tobow the said capital stock shall pay to the Treasurer of the said com-pany the installments on each share by them subscribed as the same shall be respectively called in pursuance of the public notice and call of the Board of' Directors, and if any subscriber shall Neglect to omit for thirty days after any such call to pay any such install- pay inNtall-meat.. ment at the time and place appointed in said notice, he shall pay Penalty, in addition to the said installment at the rate of two per cent. a month for the delay of such payment on the shares so held by him, or all previous installments paid thereon May be declared forfeited to the company at the option of the Board. All sums of money which may accrue to the company Under this section may be sued for and recovered as debts of a like amount are recover- Proviso. able by the laws of this State. Provided, That no stockholder shall be entitled to vote at any election or in any meeting of the said company on whose share or shares any installment shall have been due and payable more than thirty days previous to such election or meeting and is still unpaid at that time. SECTION 9. And be it further enacted, That the said President and Directors shall, from time to time, make and declare dividends of the nett profits of the business of the company, or such portion of the profits as they may deem advisable; the times for which shall be fixed by the by-laws, and public notice thereof' shall given by them. And at each annual meeting of the stockholders it shall be the duty of the President and Directors of the pre-ceding year to submit a report, and to exhibit to them a full and correct statement of the proceedings and affairs of the company for that year. Company SECTION 10. And be it .further enacted, That the said company smtrauyc ct oroa-i l- be, and they are hereby authorized to survey, locate and construct road, a railroad with one or more tracks, as follows, that is to say: Where, from some point on the Delaware Railroad at or near Clayton, (formerly Smyrna Station) on or along the line of county road now leading to Smyrna (a portion of land which is at present donated for this purpose) to the western limits of said town of Smyrna; from thence through Methodist or Commerce street to Main street, through the said Main street at a point as the above-named Commissioners may decide, not below Frazer street in the said town of Smyrna; but it is hereby expressly understood that said road shall notbe extended east of said Main street; and to con-nect or unite their said railroad with the Delaware Railroad, with 1- the assent of [the] Delaware Railroad Company, and upon such scare by coo- terms and condition as shall be arranged and agreed upon between Ming. the two companies, to be reduced to writing, and authenticated under the seals of the companies; and for the purposes of survey- Dividends. Report of affairs of company to be made. STATE OF DELAWARE. 43 ing, locating and constructing the railroad as aforesaid, the said company shall have full authority to enter upon any land, public 3far enter or private property, necessary therefor, and to procure sand, gravel, wood, and other materials therefrom, and to -obtain right and title to the same as hereinafter provided. SECTION. 11. And be it further enacted, That whenever any land, earth, sand, gravel, or other materials necessary to be taken and elr used in the construction of the railroad cannot be procured or purchased of the owner thereof by agreement between him and the company, the latter may apply to the Superior Court of Kent County, or to any judge thereof in vacation, first giving the other party at /east five days notice in writing of the intended applica-tion, if within the State, and the said court or judge shall appoint five judicious and impartial freeholders to view the premises and assess damages which the owner or owners will sustain by reason of the said railroad passing through it, in taking and using the same; the said freeholders shall be sworn or affirmed before Freeholders entering up-On the premises, faithfully and impartially to perform to be the duty assigned them, and they shall give ten days written rheirduaes. notice to the owner or owners of the premises, if within the State, and the same to the President of the company of the time of their meeting, for the discharge of their duty, which shall be upon the premises, and they shall make report in writing under their hands, or hands of a majority of them, of their award, to the Pre-sident of the said company, and to such owner or owners, within ten days after the making of sucti award; or if any such owner or owners are non-residents, then to the occupiers of the lands, and if either party be dissatisfied with the damages assessed, such party may, on application to the Prothonotary of the Superior Court, in and for Kent County, within thirty days after such award and notice, sue out a writ of ad pod dainnum, requiring Writ of ad the Sheriff in the usual form to inquire by twelve impartial men ruzoi,,i of his bailiwick, of the damages aforesaid, and their report shall takea. be final. In assessing any such damages as aforesaid, at least the 0,0, ,10 actual cash value of the land, earth, sand, gravel, or other mate- etod.bo rials so to be taken and used, shall be allowed. When the damages assessed shall be paid by the said company to the party entitled, or into the Bank of Smyrna for his or her use, whether such party be under any disability or not, or be in or out of the State, the title to the land and premises described and condemned in said report, shall be absolutely vested in the said company, their suc-cessors and assigns. The fees of the freeholders shall be two dol- Fees of free- Lars per day, to be paid by the company, and of the jurors one puorludreirs and dollar and fifty cents each. The said jurors shall be sworn or affirmed as above provided in case of the freeholders-, and the company on paying or depositing the amount of damages found by the inquisition, shall have the same right and title to the land and premises as above mentioned. If any increased damages 44 LAWS OF THE nnmap-A, shall be found by the jury, such increased amount shall be a `0111;n1,7" lien on all the property of the company, and shall be paid within Witco Poid sixty clays, or deposited as aforesaid, or the said company shall have no right to enter or continue until it is paid; _if the damages be reduced, the owner of the land shall pay back the amount co of diminished, and the cost of the inquisition shall be paid as in w other cases, by the unsuccessful party. Crossings. SECTION 12. And be it further enacted, That it shall be the duty of the said company to construct and keep in repair good and suffi-cient passages across such railroad, where any public road, street, alley, or lane shall cross the same, so that carriages and other vehicles, horses, persons and cattle shall not be 'obstructed in crossing said railroad; it shall likewise be the duty of the said company, when the said railroad shall intersect any farm, to provide and keep in repair a suitable passage across said rail-road for the use of said farm. l'snsIty for SECTION 13. And be it further enacted, That if any person shall iniury to works of wilfully and intentionally damage or -obstruct the said railroad, company, or any part thereof, or any part of the works and property of the said company, he shall be liable to the company in a civil action for double the damages sustained, and shall moreover be guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined not exceeding one thousand dollars. 110n-e1ection SECTION 14. And be it further enacted, That if at any time an of officers not to dls- election of officers of the said company shall not be held, had or curpor. mid° pursuant to the provisions hereinbefore in that behalf men- Atkin. tioned, the corporation shall not therefor be dissolved, but such election may be held and made at any time afterwards, on ten days notice in two newspapers Published in this State, of the time Vacanclea and place of holding the same. The Governor of this State for among Coin. Inissioners. the time being may supply any vacancy among the Commission- how sup-plied. ers named in first section hereof. Tax to tho SECTION 15. And be it further enacted That the said company Stun. shall semi-annually pay into the treasury cif the State a tax at the rate of one-half of one per centnin per annum on the capital stock of the company actually paid in, whenever the business of the company shall over and above its liabilities and expenses yield to the stockholders a- profit or dividend on such stock equal to the rate of nine per centum per annum. Public Act. SECTION 16. And be it further enacted, That this act shall be deemed and taken to be a public act, and may be pleaded and given in evidence as such, and that this charter shall be deemed and held to be perpetual, or without limitation as to time, subject, Right or nevertheless, to the rimer of revocation for the misuse or abuse Invocation. of its privileges by the said company, and which power is hereby reserved to the Legislature. Passed at Dover, February 7, 1801. STATE OF DELAWARE. 45 CHAPTER 28. An Act prohibiting Burials in. the Grave .Yard of "The 'African Union Church" in the City of Wilmington. SECTION 1. Be it enacted by the Senate and House of Represen- mrirau, tatives of the State of Delaware in General Assembly met, That7 p8rto ,11.1itier... 8 it shall not be lawful, after the first day of January, 1862, to inter or bury any dead body in the ground heretofore used and now occupied by "The African Union Church" as a burial place, in the rear of their meeting house, and fronting on the easterly side of King Street, above Eighth street, in the City of Wilmington. SECTION 2. And be it further enacted, That if any person or vionthmet persons shalt, after the first day of January, 1802, inter or bury any dead body in tlie burial place described in Section 1, every such person or persons shall be deemed guilty of a misdemeanor, l'ennIty $23. and forfeit and pay a fine of twenty-five dollars. Passed at Dover, February 12, 1861. MAPPER 29. An Act allowing an additional Constable to the County of Sussex. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That Levy Court the Levy Court of Sussex County be, and they are herby authorized and required to appoint an additional Constable iOniwprot Rion Sussex County, who shall reside at or near the village of Frank- ftadiemmi ford, situated on the line of .Dagsborough and Baltimore Hun-glt:liZP drcds. The office of Constable hereby created shall continue until this act shall be repealed; and the appointment thereto shall be made, and vacancies filled, as provided by the laws and constitu-tion of this State. Passed at Dover, February 12, 1861. CHAPTER 80, An Act to amend Chapter 111 of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the Clutpter 111, Slate of Delaware in General Assembly met: SECTION 1. That Vigt Chapter 111 of the Revised Statutes of the State of Delaware, be moudej. 46 LAWS OF THE and the same is hereby amended, by striking out the words, "against a citizen of the State" in Section 51, and inserting in lieu thereof these words, "against any free white person;" and also by striking Out the words, "against a free white citizen of this State" in Section 52, and inserting these words, "against any free white person." SECTION 2. All parts of acts inconsistent with this act are hereby repealed. Passed at Dover, February 13, 1861. CHAPTER 31. An Act to repeal an Act therein mentioned, and to vacate Fifteenth Street, between Market and Dalian Streets, in the City of Wil- Minglon. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each Act repealed branch thereof concurring:) SECTION 1. An act entitled, "An Title. Act for the purpose of vacating Fifteenth street, in the City of Wilmington, from Market street to Tatnall street" passed at Dover, February 24th, 1859, is hereby repealed. strea yam- SECTION 2. Fifteenth street, between Market and Tatnall street, tod. as the same is laid down on the map or plan of the City of Wil-mington, is hereby vacated, and all laws or ordinances of the City inconsistent with this act are hereby repealed. Passed at Dover, February 14, 1861. - CHAPTER 82. An Act authorizing the Appointment of an additional Notary Public. Notary tor [SECTION 1.] Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That 3myrna, Milford. in addition to the Notaries Public now authorized, the Governor STATE OF DELAWARE. 47 shall appoint an additional Notary Public for the office of the Bank of Smyrna at Milford,- and at and upon the expiration of the term of office for which, George S. Adkins has been commis-sioned, no appointment shall be made to fill the vacancy thereby occasioned, but the same shall be and remain unfilled, so that the number of Notaries shall then be reduced to the number existing before the passage of this act. Passed at Dover, February 13, 1861. CHAPTER 33. An Act concerning Lottery Policies. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. If any Salo of T. person shall by himself, his servant or agent, or as the servant or icrec'els'purel. agent of another, sell or dispose of; or have in his possession with 1"b"ed' intent to sell or dispose of, any lottery policy, certificate, or any thing by which such person or any other person promises or guarantees that any particular number, character, ticket, or certi-ficate, shall in the event, or on the happening of any contingency in the nature of a lottery, entitle the purchaser or holder to re-ceive money., property, or evidence of debt, or shall use or employ any other device by which such person, or any other person, promises or guarantees as aforesaid, every person so offinding shall, upon conviction thereof by indictment, forfeit and pay for the first offence a fine of one hundred dollars, and in default of Penalty. payment shall be imprisoned one month ; and for the second and every subsequent offence shall forfeit and pay a fine of one hun-dred dollars, and be imprisoned not less than one nor more than two months. This act shall not be deemed or taken to apply to the sale or disposal of any authorized lottery tickets, whether the same be foreign or domestic, and whether such sale or disposal be by single tickets, packages, or by certificate thereof: Provided, Proyiso. That no authority is or shall be deemed to be given by this act to sell or dispose, in any manner whatsoever, of any ticket in any lottery not authorized by the laws of this State, unless the same would have been lawful without the passage hereof. Passed at Dover, February 10, 1861. 48 LAWS OF THE CHAPTER 34. An Act to authorize the Register of Wills ofirent County to Copy SECTION 1. Be it. enacted by the Senate and House of -Represen-tatives of the State of Delaware in General Assembly met, That woierar the Register of Wills of Kent County be and he is hereby xmit County to transcribe authorized to transcribe the Index to Wills in his office, from the index to wIlla. year, A. D. 1694, up to the present time. SECTION 2. And be it further enacted, That if the said Re-gister shall copy the said Index, as aforesaid, then that Eli Sauls- Wino work. bury and Nathaniel B. Smithors, Esquires, be and they are hereby appointed Commissioners |
| Date Digital | 2010 |
| CONTENTdm file name | 3074.cpd |
Description
| Title | Laws of the State of Delaware - Volume 12 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS. OP TIIN STATE OF DELAWARE, PASSED AT A SESSION OF TIIN GENERAL ASSEMBLY ,. COMMENCED AND HELD AT DOVER, ON TUESDAY, THE FIRST DAY OF JANUARY, A. D. 1861, AND OP THE INDEPENDENCE OF THE UNITED STATES THE EIGHTY- FIFTH. PUBLISHED BY AUTHORITY. 1861: JAMES KIRK, DOVER, DELAWARE, PRINTER. 3 |
| CONTENTdm file name | 52695.pdfpage |
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