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Laws of the State of Delaware - Volume 14

Laws of the State of Delaware - Volume 14 - Page 1

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Title	Laws of the State of Delaware - Volume 14
Date Original	1871
Description	Laws of the State of Delaware. Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, the Third Day of January, A. D. 1871. Volume 14.
Creator	Delaware
Creator2	Delaware General Assembly
Contributors	Printed at the Delawarean Office
Publisher	Department of State
Type	Text
Format	PDF
Full Text	A_W OP THE STATE OF DELAWA. PASSED AT A SESSION OV THE GENERAL ASSEMBLI, COMMENCED AND HELD AT DOVER., ON TUESDAY, THE THIRD DAY OF JANUARY, A. D. 1871, AND OF THE. INDEPENDENCE OF THE UNITED STATES VOL. 14. FART 1. 1)0VE it, DE 14 PRINTED AT THE DELAWAREAN OFFICE, 1871. witt 1AWS OF THE STATE OF DELAWARE. TITLE FIRST. Of the Jurisdiction and Property of the State ; its Legis-lation and Laws. CHAPTER 1. DIVISION, LINE BETWEEN DELAWARE AND PENNSYLVANIA. AN AcT to repeal an act entitled, "An act to Settle and Determine tho 13 Vol. 845. Dividing Lino between this State and the Commonwealth of Pennsyl-vania." SECTION 1. Be it enacted by the Senate and House of Represen- Act repo:t1- tat/yes of the State of Delciware in General Assembly met, That..d. the act entitled, "An act to settle and determine the dividing line between this State and the Commonwealth Of Pennsylvania" passed at Dover, April 1, 1869, be and the same is..liereby re-pealed, made null and void. Passed at Dover, dlfarch 8, 1871. CHAPTER 2. ELECTION DISTRICTS. AN ACT to divide St. leorge's Hundred into two Election Districts. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That for the purpose of holding elections for State Divimon or and County officers in St. George's Hundred, the said hundred1rer'" shall be divided into two election districts, by the following line,1.1 intet°ctiowit°dIs- to wit : Beginning at the mouth of a small branch emptying into tricts. 4 LAWS OF DELAWARE.. CONCERNING LIMITS. Appoquinimink Creek, between lands of William A. Cochran and lands of Alexander M. Vail; thence by a straight line. through lands of William A. Cochran and lands of Richard W.. Cochran to the mouth of the road leading from the Middletown and Odessa road to the "Brick Mill ;" thence with said road dud crossing the dam belonging to said mill to the road leading. from Odessa to Armstrong's Corner.; thence with the last named. roads to the Delaware Railroad, and thence.with the said railroad to the Chesapeake and Delaware Canal. All that ,part of the said hundred lying north and east of the said division line shall be St. George's East Election District, and all, that part. of said hundred lying south and west of said division line shall be St:: George's West Election District. The elections for the said Whore oh, Eastern District shall be held in the village of Odessa, at the lions shall b hhi. hotel now occupied by William T. Chance, and the elections for the said Western District shall be held in Middletown, at the, hotel now occupied by George W. Ortlip. - who,u to bo SECTION 2. At the said places shall be held the general elec-voted for at said elec- ton, all special elections for members of the General Assembly, tions. and Representatives in Congress, elections for Electors of Presi-dent and Vice President of the 'United States, and elections for Road Commissioners, for Assessor of the said hundred, and for Whore the Inspector of the said election districts. The electors residing in. eslheaclml r"e side. the said hundred shall vote in the election district in which they shall at the time reside. Election SECTION 3. All the laws of this State touching elections held Ipflyt "t"o "s"aiPd ' In the several hundreds of the State shall apply to elections for districts. the same officers of the said election districts, excepting only so Exception. fir as the general law for the election of assessor and inspector and road commissioners is qualified by the provisions hereinafter contained. desessorand SECTION 4. There shall be elected, in accordance with the pro-in" Pe"°". visions or Chapter 17 of the Revised Statutes, one assessor for St. George's Hundred, and one inspector for each of the said districts. In such election the collector of said hundred shall be the presiding officer of St. George's East Election District ; and some qualified voter of the district, to be appointed by the Levy Court of New Castle county in the month of March next pre-vious to the election, shall be the presiding officer of St. George's West 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 as aforesaid in St. George's West onffdic ehr,o w. hen Election 1.11SLIict, a- pr.e siding officer shall not have been appointed, voted for. or shall not be present at the time and place of opening the election, the electors present shall choose a presiding officer for :LAWS OF DELAWARE. 5 CONCERNING LIMITS. :said election, according to the provisions of Section 10 of Chap-ter 18 of the Revised Statutes.. The Levy Court of New Castle -county shall, at the time of the appointment, make provision for the furnishing by the collector of a list of the voters of the said Lista vo-bundruLto the person appointed as presiding !officer as aforesaid. ters' SECTION 5. Immediately upon closing the election for assessor Certificates and inspector in the said election districts, and ascertaining the' election' state of the vote, the presiding officer and judges of election in each of the said districts shall make and sign certificates aecord-ing to law, of the election of inspectors, varying from the form prescribed 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, and also of the number of votes given for each candidate voted for as road commissioner. SECTION' 6. The said presiding officers and judges of both the Prsahling said election districts, shall assemble on the day next succeeding °Teee,;;;Z, said election at 12 o'clock, M., at the place of voting in St. ""aOd 'George's East Election District aforesaid, and ascertain thewhere. aggregate number of votes (riven in both the said districts for each person voted for for road commissioner and for assessor. The candidate having the highest number of votes shall be de-clared duly elected assessor, and the candidate or candidates, according as there may be one or more to be elected, having the highest number of votes for road commissioner or commissioners, shall be declared duly elected road commissioner or road com-missioners, and the presiding officers and jndges shall make, sign and deliver certificates of said election, according to law. If two candidates for either of the said offices shall have the no vote. highest and an equal number of votes, the collector or presiding officer of St. George's East Election District shall give a casting vote which shall elect the candidate in whose favor it is given. Passed at Dover, liarch 0, 1871. 6 LAWS OF -DELAWARE, CONCERNING LIMITS. CHAPTER 3. ELECTION DISTRICTS. AN ACT to divide Appoquinintink Hundred intO two Election Districts.. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That AP1.UIItIIUI. for the purpose of holding elections for State and county officers-dred divided mink nun. ; Appoquinimink Hundred, the said hundred shall be and int"w° hereby is divided into two election districts, by the following election Ms-trIcts. line, to wit : Beginning at the mouth of Blackbird Creek and running with said creek and Main branch to a bridge in the road leading from the head of Sassafras to Smyrna, thence westerly in the centre of said road to the cross-roads known as Dexter's. Corner, thence southwesterly with the road leading by Garman's. school house, Cypress Bridge, the late John McKay's and Daniel Tippet's to the Maryland line. All that part of said hundred lying north of said dividing line shall be Appoquinimink North Election District ; and all that part of said hundred lying south of said dividing line shall be Appoquinimink South Election wher,, etre District. The elections for the said Northern District shall be iti1:018leaIdIta.11 held in the village of Townsend, at the house now occupied by Captain James Wilson ; and the elections for thesaid Southern District shall beheld at Blackbird, at the placenow authorized by law for holding election t in said Appoquinimink- Hundred. b SECTION 2. And be it further enacted as aforesaid, That at the mvoitde do lfeocr, nt said places shall be held the general election, all special elections. tIont, for members of the General Assembly and Representatives in Congress; elections for electors of President and Vice President. of the United States; and elections for road commissioners, for assessor of the said hundred, and for inspectors of the said election. districts. The electors residing in the hundred shall vote in the election district in which they shall reside at the time of the election. Election SECTION 3. And be it further enacted as aforesaid, That all the laws to ap-ply tn mitt laws of this State touching elections held in the several hundreds. dintrlettt. of the State shall apply to elections for the same officers of the Exeepti..0 said election districts, excepting only so far as the general law for the election of assessor and inspector and road commissioners. is qualified by the provisions hereinafter contained. Afittennur SECTION 4. And be it further enacted as aforesaid, That there. tors. and Inapec. shall be elected, in accordance with the provisions of Chapter 17. of the Revised Statutes, one assessor for Appoqinimink Hundred and one inspector for each of the said districts. In such electior. the collector of said hundred shall be the presiding officer oi LAWS OF DELAWARE. 7 CONCERNING LIMITS. Appoquinimink North Election District, and some qualified voter of the district, to be appointed by the Levy Court of New Castle county, in the month of March next previous to the elec-tion, shall be the presiding officer of Appoquinimink South 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 as aforesaid in Appoquinimink South Election District a presiding officer shall not have been appointed, or shall not be present at the time and place of opening the election, the electors present shall choose a presiding officer for Prowling said election Recording to the provisions of Section 10 of Chap- :nreD ter 18 of the Revised Statutes. The Levy Court of New Castle voted for. county shall, at the time of ,the appointment, make provision for the furnishing by the collector of a list of the voters of the said hundred to the person appointed as presiding officer as aforesaid. SECTION 5. And be it further enacted as utiwesaid, That imme- Cortitlente4 diately upon closing the election for assessor and inspector in the "r electi°"' said election districts and ascertaining the state of the vote, the presiding officer and judges of election in each of the said districts shall make and sign certificates according to law, of the election of inspectors, varying from the form prescribed 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, and also of the number of votes given for each candidate voted for as road commissioner. SECTION 6. And be it further enacted, That the said presiding 1'ding offiCers and judges of both the said election districts shall assem.t0lth-ble on the day next succeeding said election, at 12 o'clock M., at wwuoilud the place of' voting in A.ppoquinimink North Election District aforesaid, and ascertain the aggregate number of' votes given in both the said districts for each person voted for for road com-missioner and for assessor. The candidate having the highest number of votes shall be declared duly elected assessor, and the candidate or candidates' according as there may be one or more to be elected, having the highest number of votes for road .com-missioner or commissioners shall be declared duly elected road commissioner or commissioners, and the presiding officers and judges shall make, sign and deliver certificates of said election according to law. If two candidates for either of the said offices Tie vote. shall have the highest and an equal number of votes, the collector or presiding officer of Appoquinimink North Election District shall give a casting vote, which shall eleet the candidate in wilds() favor it is given. Passed at Dover, March 21, 1871. 8 UONCERNING umiTs. CHAPTER 4. ELECTION DISTRICTS. AN A( "I' to amend the act entitled, "An act to divide St. Deorgo's Hundred into two Election Districts" passed at 'Dover, March 9, 1871. The place or WHEREAS it was omitted in Section 6 of an act passed at the thermeet irnegm io f present session of the General Assembly entitled, "An act to ding officer divide St. George's Hundred into two election districts,' to pro-omitted. vide for the place of meeting of the presiding officer and judges or the respective districts to ascertain the vote for and election of assessor and road commissioner or commissioners: therefore Wphie.r e the SECTION 1. Be it enacted by the Senate and House of Represen- 01 tatives qf the ,S7ate of Delaware in General -Assembly met, That kneeling of said Alm, the said act entitled, "An act to divide St. George's Hundred into two election districts" passed at Dover, March 9, 1871, be and the same is hereby amended in Section 6, by filling the blank therein with the word "East" so that the said section shall read so as to provide for the meeting of the said officers " at the place &u.roo,y of of vut i lig in St. George's East Election District ;" and it is hereby stato to pub. directed that the Secretary of State shall cause said act to be Unit the Art am til000ded. published in the laws Of this State as hereby amended. Passed at Dover, llarch 2f.', 1Sn. LAAATS 01.' DELAWARE: AN At"I' to amend Chapter 12 Cl' the Revised Statutes of the State of 11elaware. 2s. Rev. Code, SEcTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of' Delaware in General Assembly met, That Section in of Section 19 of Chapter 12 of' the Revised Statutes of the State of Delaware be and the same is hereby amended by inserting between the words " merchandize" and " in" in the third line of said section, the words " produce or any property whatsoever mid manufacturers." Passed at DoverIlarch 30, 1871. 'LAWS OF DELAWARE. 9 TITLE SECOND: Of the Public Revenue, and the Assessment, Collection and Appropriation of Taxes. CHAPTER 5. OF TIIE LEVY COURT. AN At 'I' to amend Chapter 8 or the Revised Statutes of the State entitled, Re, c,1, "Of the Levy Court." Be it enacted by the Senate and House of Representatives of the the State of Delaware in General Assembly met, - SEcnoN 1. That Section 21 of Chapter 8 of the Revised secuti21, . Statutes. of this State be and the same is hereby amended by of RevleI 5 adding to the said section the following words: " The Levy Court so""t.e^. may, before they allow the delinquent list of any collector, re-quire that such collector shall upon oath say that the delinquent Au end, t.e-list made out and returned by him to the Levy Court is true in'',',',Ie'ee','fir.o"1 all its statements to the best of his knowledge and belief, and thatnttleilitu-i that no tax has been collected from any person so returned by 't!elireet.'` him as delinquent. The oath hereby prescribed may be admin- By .1,, istered by the clerk of' the said court, and any collector who shall ttn,T,',17:;::' swear falsely as to any matter to which he may be required tokwrt.4. make oath by this section shall be liable to the pains and penal-ties of' perjury. SECTION 2. That in any future edition of the Revised Statutes in future or this State the said section shall be published as herein171,t,t7,11,0 amended. Rodeo) Statute, to Passed at Dover, Yarch 29, 1871.be pulIiOo'I CHA PTER 6. com4croa., LAWS OF DELAWARE,. CONCERNING THE PUBLIC REVENUE. CHAPTER 7. CLERKS OF TRE PEACE. Rev. Code, AN ACT to amend Section 23 of Chapter 9 of the Revised Statutes of the State of Delaware. Section 2.3 of SECTION 1. Be it enacted by the Senate and House of Represen, Chapter 9 amended. t czves of the State of Delaware in General Assembly met, That Section 28 of Chapter 9 of the Revised Statutes of the State or Delaware be and the same is hereby amended by inserting between the words " pedlers" and "for" the words "manufac-turers and those engaged in the business of purchasing and selling produce. goods, wares and merchandise or any property whatso-ever." .Passed-at Dover, .illarch 30, 1871. CHAPTER 8. CLERK OF TIIE PEACE. Rev. Code, AN ACT to amend Chapter 9 of the Revised Statutes of this State, entitled' Clerk of the Peace.- s..otiou loot SEcriox 1. Be it enacted by the Senate and House of Represen- Chapter 9 amended, tat 'yes of the State of Delaware in General Assembly met, That Section 10 of Chapter 9 of the Revised Statutes of this .State be and the same is hereby amended by inserting between the word "wares" and "and" in sixth line of said section, the words "licenses to manufacturers, licenses to persons, associations of persons, firms or corporations engaged in or desiring to engage in the business of purchasing and selling produce, goods, wares and merchandise or other property whatsoever. SectIou 19 of SECTION 2. And be it further enacted as aforesaid, That Section Cptif4rd9. 13 of Chapter 9 aforsaid be and the same is hereby amended by inserting between the words "pedlers" and "and" in the third line of said Section 13, the words "licenses to manufacturers, licenses to persons, associations of persons, firms or eorporationR.- engaged in or desiring to engage in the business of purchasing . and selling produce, goods, wares and merchandise or other property whatsoever." Passed at Dover, March 30, 1871. LAWS OF DELAWARE. 11. CONCERNING THE PUBLIC, REVENUE. CHAPTER 9. OYSTER PLANTATIONS IN DELAWARE BAY. AN Act in relation to Oysters. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: SECTION 1. All oyster plantations, not exceeding fifteen ,acres, Order plan. heretofore made in the Delaware Bay, shall be deemed and taken nue"pho"41 to be the possession of the respective planters of them, and the leissi°n of oysters deposited or to be deposited in such plantations, and their e planters. increase, shall be the private property of the said planters ; pro- Provided vided and upon the condition that the said planters shall pay trIelenir trnad the annually, by the first day of March (the first payment to be made t,l,trrettora by the first day of' March, A. D. 1871,) to the collector, to be Le appointed as hereinafter is provided, the sum of twenty-five dollars as rent for the ground so held by them, and the further sum of three dollars per ton (custom house measurement) for the vessel to be used in the business of working the said plantations. Failure to pay such rent_ and license fee by the time above men-tioned shall be a forfeiture of the rights hereby secured. The said plantations shall be designated by stakes, as provided in the next section for new plantations, and the oysters within them shall be protected as' is hereinafter provided in the fifth section. This privilege shall end with the year expiring the last day of February, A. D. 1872, unless renewed, as in the ease of a new plantation ; and as a condition of its enjoyment, the parties interested must, before the .first day of March, A. D. 1871, take out a license, as provided by the second section hereof. SECTION 2. Any. person may appropriate to his or their own unit partor use a part, not exceeding fifteen acres, of the bottom of the bay tyedarth south of R" Island and west of Blake's Channel, for planting oys- Iwsrord ters, unless the same be then appropriated by authority of this act, or by its sanction, which part shall be designated by him by stakes, cehri=in. not more than fifty yards apart, to show at least two feet above the ated' ordinary high water, and not be obstructive of navigation. It shall be the possession of the planter or planters, and the oysters im1,1: to be deposited therein, and their increase, shall be their private be obtained. property. But before any one shall avail himself of this privilege, he shall apply, in writing, to the said collector for a license for that purpose, and pay to said collector the sum of twenty-five dollars as the. fee or price therefor, and also the sum of three dollars per ton (custom house measurement) for the vessel to be employed So In enrolled 1)111. 19 CONCERNING THE PUBLIC REVENUE. in the business of planting. The said license shall last only for one year, and must be renewed by the first day of March of each year, and the like sum be paid at the time of each renewal: Provided that nothing in this act contained shall be construed to authorize the appropriation by any one person of so many parts rimagthm. as shall exceed, in the aggregate of the area, fifteen acres. The ex-ceed fifteen privilege granted by this and the first section shall not embrace ItereS. any portion of the bottom which is a natural oyster bed mid has been hitherto used or worked as such, nor shall be extended beyond the mere right to plant oysters and hold them as property. Non,«Ki SECTION 3. No person who is not at the time a resident and shall not dredge inhabitant of this State, or a regularly licensed planter under witimut 11- (.013,4e. this act, shall dredge for oysters or otherwise take the same up from any public oyster beds of this State, under the penalty of one hunch red dollars for each day's offence and forfeiture of the boat or vessel used by him in so doing, and all and everything in and belonging to her, unless he shall previously take out a license for that purpose: nor shall any person dredge for or otherwise take up any oystei.s from the plantation of a planter under like pen- Fee for alty. The fee for license to dredge the public beds shall be eon.. three dollars per ton (custom house measurement) for the vessel to be employed in the business, to be demanded by and paid to the aforesaid collector before the said license is delivered but such license shall not be taken to authorize thp planting of oys-ters. The said license and any license under this act may be demanded at any time for inspection by the collector aforesaid, or the person then in command of the watch-boat hereinafter mentioned, and failure to produce it shall be evidence that it does not exist. 11,1W the dd. SEcrlos 4. The different plantations shall be treated as num- Gwent tattoos Khali bered in the order in which licenses to plant are issued under ti".t-d- this act, and the boat or vessel used in the business of planting shall wear that number, painted in black, at least eighteen inches long, in the middle of her mainsail, one-third of the distance below the head thereof: Provided. however, that where more parts than one (but not exceeding in the whole fifteen acres) are ap-propriated by one person, they shall bear the same number, and that number only shall be necessary for designation of the vessel. nu mllored A-10 1 the boat or vessel used in the business of dredging, under the license authorized by Section 3, shall wear in the middle of her-mainsail, one-third Of the way from the head thereof; a Roman letter, painted in black, eighteen inches long, to be designated in the license and to be in orderly succession from the beginning of the alphabet, sEcrioN 5. For the purpose of' protecting the oyster beds in LAWS OF DEL AW.A.R E. LAWS, OP DELAWARE. - 13. 4 CONCERNING 'PHE PUBLIC REVENUE. the bay, and those who plant oysters under this act in the enjoy-ment of the privileges hereby secured to them, the -aforesaid collector shall, with the money paid under the foregoing pro-visions, cause to be purchased or hired, and manned with three collector men, a suitable boat or vessel as it watch-boat: one of the men `,211,',`,1,1,1,1"" shall be her captain, to be designated by the, collector, and he Iv"' t shall have charge of her ; the others shall be subject to his orders. She shall be employed night and day from the first day when of March till the first of September in each year, and longer if'p1l"o"ye' ri, the collector deem it necessary, in the protection of the public and private oyster beds from depredations by trespassers; and upon the command or her captain (or if he be sick or absent) the person at the time in charge of her, the company of any other boat or boats shall aid and assist the company of the watch boat as a posse corn Gus in the enforcement of this act. Such enforcement tuti;..... shall be the seizure of the vessel used by the trespassers, and ve,., every thing in or belonging to her, and the arrest of those sailing trei4pansermi in her, and taking them to Little Creek Landing, to be proceeded t° against according to the provisions following, that is to say The said persons shall be taken before a justice of the peace, who .410ap, of shall have jurisdiction of every thing under this act, and upon .t.Alie.dieb°87. proof to his satisfaction that they are guilty of a breach of thisi""i""0. statute, he shall fine each of said trespassers the sum of one hun-dred dollars, and commit them to the custody of the Sheriff of Kent county, unless such fine be forthwith paid, and also the costs attending the prosecution, and they shall not be released until such fine and costs are paid. The conviction of the saidl)ol.voiret%. person, or any of them, shall work a forfeiture of the vessel and to rroittn, every thing in or belonging to her, and the same shall be sold by a constable to the highest bidder, at public sale, on ten days' notice by advertisements posted in six of the most public places in Dover and. Little Creek hundreds, and the proceeds, after deducting the costs, (which shall be retained by the constable and paid to the parties entitled,) shall be paid over to the collec-tor aforesaid for the use of the' State Treasury, and shall be forthwith deposited by him in the Farmers' Bank at Dover, to the credit of the State Treasurer: Provided that parties defendant in the proceeding may appeal to the Court of General Sessions A lipoid to of the Peace and Jail Delivery upon giving security by judg- goetutratraof meat bond with surety to the justice of the peace, in the name silmh of the State, in a sum double the amount.of the fine imposed, to prosecute the said appeal with effect at the next term of the said court. The appeal shall be tried at said term by jury, unless the court continue it, and upon certificate by the clerk that the appeal was not prosecuted in due time, or was decided against the appellant, the bond shall be forfeited and be at once proceeded 14 LAWS OF DELAWARE. CONCERNING THE PUBLIC: REVENUE. - upon at the instance of the collector. The appeal shall be a supersedeas ; but it shall not be granted after the expiration of ten days from the time of the imposition of the fine. SECTION 6. In the discharge of the duty enjoined by the next uHed. preceding section, the company of the watch-boat and those aiding them voluntarily, or upon requisition as aforesaid, may use any force necessary for that purpose, and in any proceeding against them, either civil or criminal, they may plead this act in justification, or give it in evidence under the general issue. uy ow) re- SECTION 7. If any person shall resist the company of the watch-mistingm- A ,c u boat and those who may be acting in aid of them, or anyof such pauy wateb-»mt persons in the enforcement of this statute, he shall, if such resist-guilty of inisibmwa. ance do not endanger life, be guilty of a misdemeanor and be fined nor. one hundred dollars ; if life be endangered but not taken, he shall be deemed guilty of felony and be punished by fine of five hundred dollars and exposure in the pillory for one hour and imprisonment for one year. If life be taken by the resisting party he shall be guilty of murder in the first degree. SECTION 8. -Upon parties charged with violation of this act c.,04hig. being brought before the justice he shall inquire their names, bo uted. and upon refusal to give them may assign to them in his pro-ceedings any names he may .choose, which shall be taken to be their true names, and they shall be further described as belonging to the vessel seized, which shall be named also. The proceeding may be in this form : THE STATE OF DELAWARE, vs. 1 Proceeding for violation A. B., C. D., E. F., &c., belonging , of the act entitled "An act to the sloop (or schooner, as in relation to Oysters." the case may be,) G. And now to wit, this day of A. D. parties defendant being brought forward, and the said vesstss eel being in custody, and both sides being ready for trial, and the testimony having been heard and considered, it is hereby adjudged that the said A. B., C. D., and E. F., (or such of them as were guilty) are guilty of violating, on the day of , last, the provisions of the section of the act aforesaid by the use 4 the said vessel and the implements in her ,for that purpose, and they are hereby ordered to pay, each severally, a fine of one hundred dollars, and are committed to the custody of the Sheriff of Kent county until said fine be paid ; and it is further ordered that the said vessel and her implements aforesaid, and all her appurtenances, be sold by M. N., Constable, to the highest rut le, 1A.W8 OP DELAWARE. - 15 CONCERNING THE PUBLIC REVENUE. bidder, on ten days' notice by advertisements posted in six of the most public places in Dover and Little Creek Hundreds. A B , J. P. The foregoing order shall be executed by the Constable. SECTION 9. It shall be unlawful for any person or persons Nutt. whomsoever to dredge for oysters in the months of July and l'uldygaeuitilk August, or at any time after sunset and before sunrise or on August, Ste. .Sunday: This section shall apply to those conforming to the provisions of this act, and a Violation of the same shall subject the offenders and the vessel so used in breaking the law to the .same penalties as are provided by the third section for violation thereof SECTION 10. If any person or persons shall take and convey Taking oys- Away from the plantation of another or others, any oysters being ters larceny. within the limits thereof, without the consent of the planter or person holding the plantation, he shall be deemed guilty of lar-ceny, and be punished accordingly, and it shall be no objection to a prosecution for larceny in such a case that the act was done openly. If proceedings be taken under this section there shall be none other for the same offence. SECTION 11. It shall not be lawful to lay out or deposit in any Penalty fin. of the creeks or streams of this State any oysters and .take them lairggikTnlig up during the months of July and August: Provided that taking 3!:Y4IU them up with tongs is not hereby prohibited. The penalty for Autritst, this offence shall be fifty dollars, to be recovered as other penalties are. SECTION 12. The party taking out a license for himself, under oftai to be this act, shall take an oath, to be administered by the collector,Itittla.6- before the license is delivered, that he will not violate, or consent to the violation, nor allow the vessel used by him in the prose-cution of the business for which said license is granted to be employed in the violation of this act. SECTION 18. A license to plant under this act, or to clredgeenly ea° merely, shall be taken to allow the use of one vessel only in that Toeisrsel. I - business, and in every case of license granted the applicant shall state the name of such craft, and the license itself shall have her name inserted therein. SECTION 14. The Governor shall cause the necessary licenses uoveraor under this act to be prepared and supplied to the collector afore-said, to be dispensed by him when called for under this act. They shall be in the usual form, except that they shall be adapted . to the nature of the privilege granted. CONCERNING THE PUBLIC REVENUE. Collector to SECTION 15. The Collector shall be appointed by the Governor,. bbye th"oP G"ovd- Ind before he enters upon the duties of his office shall give bond, crow with surety to be approved by the Governor, in a sufficient penal Howl. sum for the faithful discharge of the duties of his office. Said bond shall be recorded in the Recorder's office of Kent county,. and the original (which shall be filed in the office 'of the Secre-tary of State,) or a copy thereof from the record, duly certified, shall be evidence. The said collector shall take the usual oaths. of office. Doths 0 SEcnox 16. It shall be the duty of the Collector to see that Collector. the provisions of this act are duly enforced; and when he is acting in the discharge of his duty in that respect, the said watch-boat and her company shall be under his orders. And further, he shall be and hereby is clothed with all powers necessary to prevent violation of this act, there being hereby given to hirri for that purpose the full authority conferred upon the captain or person in command of the watch-boat by the fifth 'section hereof. Au whit- SEcerrox 17. There shall be an additional justice of the peace tOicAe Ro'f Jtohes- fo) r the county of Kent, to reside at Little Creek Landing afore- Peace crea- said, who shall have all the ordinary powers of a justice of' the ted. peace under the constitution and laws of this State,: but it shall be his special duty to administer the law under this act so fame as the same is neither* [within] the scope of the jurisdiction of a justice of the peace. or as he is charged with any duty here-under ; two-thirds of' each branch of the Legislature concur in the passage of this section. Culapensa SECTION 18. The compensation to the said collector for his 'lteecteor". Cot- services under this act shall be five per centum of the money collected and paid over by him, but shall not exceed 1,000 dollars per annum, and that to the captain and crew of th6 watch-boat shall not exceed eighty dollars per month for the captain and forty dollars per month for each of the crew, they finding their own hoard. It shall be paid out of the money collected under this act, a sufficient amount of which is hereby appropriated for that purpose. Warrants of the collector therefor, drawn on the State Treasurer, shall be the form of such payment. Money cul- Sticriox 19. All money collected by the Collector under this levied ,thall for ilia act shall be for the use of the State, and shall be deposited by "eeer the him so soon as may be in the Farmers' Bank at Dover, to the State. credit of the State Treasurer, but so much of' it as shall be necessary to enable him to pay the expenses incurred by him by authority of this act, including his commission, is hereby appro-priated and shall be sulject to his warrants upon the State So lu enrolled bill. 16 LAWS OF DELAWARE,. LAWS OF DELAWARE. 17 CONCERNING THE PUBLIC REVENUE. Treasurer, which warrants, so far as the expenses of the watch-boat and her company arc concerned, are already provided for in the seventeenth section of this act. The said Collector shall, by the tenth day of April in each year, commencing with the present year, render under oath to the State Treasurer A faithful account of all money secured by him under this act and the disposition hereof [thereof] according to the foregoing provisions. SECTION 20. The .Secretary of State shall cause a certified Secretary of copy of this act to be forthwith published for one month in three of the newspapers of the State. Passed at Dover. February 1, 1871. CHAPTER 10. CONCERNING OYSTERS. AN ACT to lix a term of office for the Collector to be appointed in pursuance of the net passed at this present session entitled "An net in relation to Oysters" and for other purposes. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the Stale of Delaware in General Assembly met, That the Term of Collector to be appointed under the provisions of the act passed at this present session, entitled "An act in relation to Oysters." shall hold his office for the term of two years: Provided, That the Governor may at any time within that term appoint another TheiGOVer-in his stead should he see fit so to do. And in case of such an izzty.t. appointment the functions of the Collector then in office shall, upon other. notice to him of the new appointment, cease: but the condition of his official bond shall, nevertheless, extend so far as to require The official him to pay over and deliver to his successor in office any money !),;,tttedzubilisa0114, collected by him under said act and which has not then been farina to re-deposited by him as required by said act, and furthermore, the Atyreovaalrot to condition of the bond to be given by any Collector Under said act "'""". shall extend to the payment over by him to his successor of any money which he has not already deposited in accordance with the provisions of said act. This latter provision shall in no respect interfere or dispense with the said provisions in .regard to the duty of the collector with reference to depositing the money received by him under the act aforesaid, but is intended to be: cumulative of his responsibility as collector. Passed at Dover. February 9, 1871. 2 18 LAWS OF DELAWARE. coNOERNING THE PUBLIC) REVENUE. CHAPTER 11. OF THE REVENUE OF THE STATE., AN MI' to amend Chapter 117 of the 13th Volume of Delaware Laws, CIHi- Volume 11, tied "An act to raise Revenue anti provide for the current expenses of 10.1 the State t;overnment." Section .1 of Chapter 117 :upended. 19: SECTION 1. Be it enacted by the Senate and House of _Represen-tatives of the State of Delaware in General Assembly met, That Chapter 117 of the 13th Volume of Delaware Laws be and the same is hereby amended in the seventeenth line of section third by inserting, after the word " dollars" and before the word "for" the following : " For each license to perform jugglery the sum of twenty-five dollars." Passed at Dover, February 14, 1871. CHAPTER 12. CONCERNING OYSTERS. AN A "I' to extend the time for taking out certain Licenses, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Represen- ((tapes of the Slate of Delaware in General Assembly met, That Time for ta. the time for taking out licenses under the act passed at this present session, entitled, "An act in relation to Oysters" be feuded. extended until the first day of May, and that in the publication of the said act the word May shall be used for March whenever the latter occurs, except in the fifth section of said act, and that the word " February "lie stricken from the first section of said act and the word "April" be substituted in its place. It shall be the duty of the Secretary of State, in making publication of the said act, to conform it to this act, adding thereto also section two hereof as an additional section thereof. - whet) t boat sEcrioN 2. And be it farther enacted, That where a party u.ed of no greater her. planting shall use a boat for that purpose of not greater burthen theft LIMO 2 tonn, than two tons, he shall only be obliged to pay for the privilege .1,all be paid of" planting, that is: twenty-five dollars, and the license to him for cen" couwd lI I- shall be restricted accordingly. to ptlea.ttirliicntg,A Passed at Dover, February 24, 1871. -LAWS OF DELAWARE. - 19 CONCERNING THE PUBLIC REVENUE. CHAPTER 13.* OYSTER PLANTATIONS IN DELAWARE BAY. AN ACT in relation to Oysters-. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: SECTION 1. All oyster plantations, not exceeding fifteen acres, Oyster])Ian-heretofore made in the Delaware Bay, shall be deemed and takenl'nnsg.' to be the possession of the respective planters of them, and thseuot r oysters deposited or to be deposited in such plantations, and their lautc increase, shall be the private property or the said planters ; pro- Provided vided and upon the condition that the said planters shall pay rtip "ilex the annually, by the first day of May (the first payment to be made by the first day of May, A. D. 1871,) to the Collector, to be I veseel appointed as hereinafter is provided, the sum of twenty-five dollars as rent for the ground so held by them, and the further sum of three dollars per ton (custom house measurement) for the vessel to be used in the business of working the said plantations. Failure to pay such rent and license fee by the time above men-tioned shall be a forfeiture of the rights hereby secured. The said plantations shall be designated by stakes, as provided in the next section for new plantations, and the oysters within them shall be protected as is hereinafter provided in the fifth section. This privilege shall end with the year expiring the last day of April, A. D. 1872, unless renewed, as in the case of a new plantation ; and as a condition of its enjoyment, the parties interested must, before the first day of May, A. D. 1871, take out a license, as provided by the second section hereof. SECTION 2. Any person may appropriate to his Or their own use That pada a part, not exceeding fifteen acres, of the bottom of the bay south ig,prth of of Reedy Island and west of Blake's Channel, for planting oys. Islandrand ters, unless the same be then appropriated by authority of this act, maTke,8r = or by its sanction, which part shall be designated by him by stakes, not more than fifty yards apart, to show at least two feet above the ated' ordinary high water, and not be obstructive of navigation. It shall be the possession of the planter or planters, and the oysters to be deposited therein, and their increase, shall be their private property. But before any one shall avail himself of this privilege, License be shall apply, in writing, to the said Collector for a license for that tsitiiintlelp ob-purpose, and pay to said collector the sum of twenty-five dollars as the fee or price therefor, and also the sum of three dollars per ton (custom house measurement) for the vessel to be employed nib Chapter comprises Chapter 9, as anieuded, end to published with atnethinientp, ateeurd twee with Chapter 12. 18 LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. CHAPTER 11. OF THE REVENUE or THE STATE. AN ACT to amend Chapter 117 of the 13th Volume of Delaware Laws, enti- Volume tied "An net to raise Revenue and provide for the current expenses of the State Government." SEcrioN 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That Section .-I of Chapter 117 of the 13th Volume of Delaware Laws be and. the Chapter 117 ntuoudpd. same is hereby amended in the seventeenth line of section third by inserting, after the word " dollars" and before the word "for" thefollowing : " For each license to perform jugglery the sum of twenty-five dollars." Passed at Dover, February 14, 1871. CHAPTER 12. CONCERNING OYSTERS. AN A CI' to extend the time for taking out certain [Accuses, and for other purposes. SEMON 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That Theo for ta. the time for taking oue licenses under the act passed at this rataraix. present session, entitled, "An act in relation to Oysters" be tended, extended until the first day of May, and that in the publication of the said act the word May shall be used for March whenever the latter occurs, except in the fifth section of said act, and that the word " February be stricken from the first section of said act and the word "April " be substituted in its place. It shall be the duty of the Secretary of State, in making publication of the said act, to conlbrm it to this act, adding thereto also section two hereof as an additional section thereof. - When a boat SEcrioN 2. And be it further enacted, That where a party IpN rueNoad toebf urnr..o planting shall use a boat for that purpose of not greater burthen then than 2 tuu v2r, than two tons, he shall only be obliged to pay for the privilege hintlibd Ibe 'mid 00 planting, that is : twenty-five dollars, and the license to him for saiI-oon" and )1- shall be restricted accordingly. 1:011101 0141 raNtrIct.l o Passed at Dover, February 24, 1871. t planting LAWS OF DELAWARE. 19 CONCERNING THE PUBLIC REVENUE. CHAPTER 13.* OYSTER PLANTATIONS IN DELAWARE DAY. AN ACT in relation to Oysters. Be it enacted by the Senate and House of Representatives of the .State of Delaware in General Assembly met, as follows: SECTION 1. All oyster plantations, not exceeding fifteen acres, oyster plan-heretofore made in the Delaware Bay, shall be deemed and takenTano"pa81.1 to be the possession of the - respective planters of them, and', the in8=torrs. oysters deposited or to be deposited in such plantations, and their increase, shall be the private property of the said planters ; pro- Provided vided and upon the condition that the said planters shall pag"'Unilif L" annually, by the first day of May (the first payment to be made three dopars by the first day of May, A. D. 1871,) to the Collector, to be ihe ve.et appointed as hereinafter is provided, the Sum of twenty-five ""d* dollars as rent for the ground so held by them, and the further sum of three dollars per ton (custom house measurement) for the vessel to be used in the business of working the said plantations. Failure to pay such rent and license fee by the time above men-tioned shall be a forfeiture of the rights hereby secured. The said plantations shall be designated by stakes, as provided in the next section for new plantations, and the oysters within them shall be protected as is hereinafter provided in the fifth section. This privilege shall end with the year expiring the last day of April, A. D. 1872, unless renewed, as in the case of a new plantation ; and as a condition of its enjoyment, the parties interested must, before the first day of May, A. D. 1871, take out a license, as provided by the second section hereof. SECTION 2. Any person may appropriate to his Or their own use That a part, not exceeding fifteen acres, of the bottom of the bay south ii) ,eyedypo utatttooff of Reedy Island and west of Blake's Channel, for planting oys-ters, unless the same be then appropriated by authority of this act, Blake's or by its sanction, which part shall be designated by him by stakes, ,,Ilaatil,uperiorrt! not more than fifty yards apart, to show at least two feet above the "ted' ordinary high water, and not be obstructive of navigation. It shall be the possession of the planter or planters, and the oysters to be deposited therein, and their increase, shall be their private property. But before any one shall avail himself of this privilege, r,iceum he shall apply, in writing, to the said Collector for a license for that purpose, and pay to said collector the sum of twenty-five dollars as the fee or price therefor, and also the sum of three dollars per ton (custom house measurement) for the vessel to be employed This Chapter comprises Chapter 0, as amended, and in published with amendments, lu Accordance with Chapter 12. 20 LAWS OF DELAWARE.. CONCERNING THE PUBLIC REVENUE. in the business of' planting. The said license shall last only for one year, and must be renewed by the first day of May of each year, and the like sum be paid at the time of each renewal : Provided that nothing in this act contained shall be construed to authorize the appropriation by any one person of so many parts Mutations as shall exceed, in the aggregate of the area, fifteen acres, The-not to ex-ceed fifteen privilege granted by this aud the first section shall not embrace newt. any portion of the bottom which is a natural oyster bed and has been hitherto used or worked as such, nor shall be extended beyond the mere right to plant oysters and hold them as property.. Non-reel. SECTION 3. No person who is not at the time a resident and dents bind( not dredge inhabitant of this State, or a regularly licensed planter under without this act, shall dredge for oysters or otherwise take the same up tenet.. from any public oyster beds of this State, under the penalty of one hundred dollars for each day's offence and forfeiture of the boat or vessel used by him in so doing and all and everything in and belonging to her, unless he shall previously take out a license for that purpose ; nor shall any person dredge for or otherwise take up any oysters from the plantation of a planter under like pen- Fee for 11- raty. The fee for license to dredge the public beds shall be cene. three dollars per ton (custom house measurement) for the vessel - to be employed in the business, to be demanded by and pnid to the aforesaid Collector before the said license is delivered ; but such license shall not be taken to authorize the planting of oys-ters. The said license and any license under this act may be demanded at any time for inspection by the Collector aforesaid, or the person then in command of the watch-boat hereinafter mentioned, and failure to produce it shall be evidence that it does. not exist. now ow air. SECTION 4. The different plantations shall. be treated as 1111M-tfroatutonrti ap slahnim- bored in the order in which licenses to plant are issued under be treated. this act, and the boat or vessel used in the business of planting" shall wear that number, painted in black, at least eighteen inches long, in the middle of her mainaail one-third of the distance below the head thereof: Provided, however, that where more parts than one (but not exceeding in the whole fifteen acres) are ap-propriated by one person, they shall bear the same number, and Veel be that number only shall be necessary for designation of the vessel. unmbered. And the boat or Vessel used in the business of dredging, under the license authorized by Section 3, shall wear in the middle of her mainsail, one--third of the way from the head thereof, a Roman letter, painted in black, eighteen inches long, to be designated in the lioense and to be in orderly succession from the beginning of the alphabet. SECTION 5. For the purpose of protecting the oyster beds in LAWS OF DELAWARE. 21 CON,CIERNING TRE PUBLIC REVENUE. the bay, and those who plant oysters under this act in the enjoy-ment of the privileges hereby secured to them, the aforesaid collector shall, with the money paid under the foregoing pro-visions, cause to be purchased or hired, and manned with three Collector men, a suitable boat or vessel as a watch-boat; one of the men=r shall be her captain, to be designated :by the Collector, and he watch-boat. shall have charge of her; the others shall be subject to his orders. She shall be employed night and day from the first daywh,o;.. mho of' March till the first of September in each year, and longer if6pl"oyas & em-the collector deem it necessary, in the protection of the public and private oyster beds from depredations by trespassers; and upon the command of her captain (or if be be sick or absent) the person at the time in charge of her, the company of any other boat or boats shall aid and assist the company of the watch boat as a posse Th)88, contitatus in the enforcement of this act. Such enforeementtahm shall be the seizure of the vessel used by the trespassersa,n d Veneta or every thing in or belonging to her, and the arrest of those sailing tretipueria in her, and taking them to Little Creek Landing, to be proceeded ° ° Ram against according to the provisions fbllowing, that is to say : The said persons shall be taken before a justice of the peace, who JueUce shall have jurisdiction of every thing under this act, and upon 22=, proof to his satisfaction that they are guilty of a breach of this "Wen"' statute, he shall fine each of said trespassers the sum of one hun-dred dollars, and commit them to the custody of the Sheriff of Kent county, unless such fine be forthwith paid, and also the costs attending the prosecution, and they shall not be released until such fine and costs are paid. The conviction of the said tcoovoran person, or any of them, shall work a forfeiture of the vessel and forfeiture. .every thing in or belonging to her, and the same shall be sold by a constable to the highest bidder, at public sale, on ten days' notice by advertisements posted in six of the most public places in Dover and Little Creek hundreds, and the proceeds, after deducting the costs, (which shall be retained by the constable and paid to the parties entitled,) shall be paid over to the collec-tor aforesaid for the use of the State Treasury, and shall be forthwith deposited by him in the Farmers' Bank at Dover, to the credit of the State Treasurer: Provided that parties defendant in the proceeding may appeal to the Court of General Sessions Appeal to of the Peace and Jail Delivery upon giving security by judg-ment bond with surety to the justice of the peace, in the name ki°°S. of the State, in a sum double the amount of the fine imposed, to prosecute the said appeal with effect at the next term of the said court. The appeal shall be tried at said term by jury, unless the court continue it, and upon certificate by the clerk that the appeal was not prosecuted in due time, or was decided against the appellant, the bond shall be forfeited and be at once proceeded CONCERNING THE PUBLIC REVENUE. upon at the instance of the Collector. The appeal shall be a supersedeas ; but it shall not be granted after the expiration or ten days from the time of the imposition of the fine. Force may SECTION 6. In the discharge of the duty enjoined by the next be used' preceding section, the company of the watch-boat and those. aiding them voluntarily, or upon requisition as aforesaid, may use any force necessary for that purpose, and in any proceeding against them, either civil or criminal, they may plead this act in justification, or give it in evidence under the general issue. Any ono re- SECTION 7. If any person shall resist the company of the watch- 4i lug cow- boat and those who may be acting in aid or them, or any of such Ivaaltat persons in the enforcement of this statute, he shall, if such resist-guilty of tolhtlemea. ance do not endanger life, be guilty or a misdemeanor and be fined nor. one hundred dollars; if life be endangered but not taken, he shall be deemed guilty of felony and be punished by fine of five hundred dollars and exposure in the pillory for one hour and imprisonment for one year. If life be taken by the resisting party he shall be guilty of murder in the first degree. How pra- SECTION 8. Upon parties charged with violation or this act tcece bdien glast;L.to e being brought before the justice he shall inquire their names, Inted. and upon refusal to give them may assign to them in his pro-ceedings any names he may choose, which shall be taken to be their true names, and they shall be further described as belonging to the vessel seized, which shall be named also. The proceeding may be in this form : TILE STATE Or DELAWARE, vs. Proceeding; for violation A. B., C. D., E. F., &c., belonging r. of the act entitled "An act to the sloop (or schooner, as j in relation to Oysters." the case may be,) G. And now to wit, this day of A. D. the parties defendant being brought forward, and the said vessel being in custody, and both sides being ready for trial, and the Form. testimony having been beard and considered, it is hereby adjudged that the said A. B., C. D.) and E. F., (or such of them as were guilty) are guilty of violating, on the day of , last, the provisions of the section of the act aforesaid by the use of the said vessel and the implements in her for that purpose,. and they are hereby ordered to pay, each severally, a fine of one hundred dollars, and are committed to the custody of the Sherifi. or Kent county until said fine be paid ; and it is further ordered that the said vessel and her implements aforesaid, and all her appurtenances. be sold by M. N., Constable, to the highest 22 LAWS OF DELAWARE.. LAWS OF DELAWARE. 23 CONCERNING THE PUBLIC REVENUE. bidder, on ten days' notice by advertisements posted in six of the most public -places in Dover and Little Creek Hundreds. A B J P. The foregoing order shall be executed by the Constable. SECTION 9. It shall be unlawful for any person or persons Nutt. whomsoever to dredge for oysters in the months of July and teldyg."'S August, or at any time after sunset and before sunrise or on August, Stu. Sunday. This section shall apply to those conforming to the provisions of this act, and a violation of the same shall subject the offenders and the vessel so used in breaking the law to the same penalties as are provided by the third section for violation thereof. SECTION 10. If any person or persons shall take and convey Taktug oym- [carry] away from the plantation of another or others, any oysters 's I"' ceuy. being within the limits thereof, without the consent of the planter or person holding the plantation, he shall be deemed guilty of lar-ceny, and be punished accordingly, and it shall be no objection to_ a prosecution for larceny in such a case that the act was done openly. If proceedings be taken under this section there shall be none other for the same offence. SECTION 11. It shall not be lawful to lay out or deposit in any Penalty for of the creeks or streams of this State any oysters and take themaliVITutst up during the months of July and August: Provided that takingljp,171°ia them up with tongs is not hereby prohibited. The penalty for August. this offence shall be fifty dollars, to be recovered as other penalties are. SECTION 12. The party taking out a, license for himself, under Oath to ho this act, shall take an oath, to be administered by the collector, before the license is delivered, that he will not violate, or consent to the violation, nor allow the vessel used by him in the prose-cution of the business for which said license is granted to be employed in the violation of this act. SECTION 13. A license to plant under this act, or to dredge Ouly oue-merely, shall be taken to allow the use of one vessel only in that i'7,e,Lal" business, and in every case of license granted the applicant shall state the name of such craft, and the license itself shall have her name inserted therein. SECTION 14. The Governor shall cause the necessary licenses uovemor under this act to be prepared and supplied to the Collector afore- Lumtz " - said, to be dispensed by him when called for under this act. They shall be in the usual form, except that they shall be adapted to the nature of the privilege granted. 24 LAWS OF DELAWARE. CONCERNING THE PUBLIC .REVENUE. Collector to SECTION 15. The Collector shall be appointed by the Governor, bbey "t'hme iGnotevd- and before he enters upon the duties of his office shall (rive bond, eroor. with surety to' be approved by the Governor, in a sufficient penal Bowl, sum for the faithful discharge of the duties of his office. Said bond shall be recorded in the Recorder's office of Kent county, and the original (which shall be filed in the office of the Secre-tary of State,) or a copy thereof from the record, duly certified, shall be evidence. The said Collector shall take the usual, oaths of office. Dollen or SECTION 16. It shall be the duty of the Collector to see that Collector, the provisions of this act are duly enforced; and when be is acting in the discharge of his duty in that respect, the said watch-boat and her company shall be under his orders. And further, he shall be and hereby is clothed with all powers necessary to prevent violation of this act, there being hereby given to him for that purpose the full authority conferred upon the captain or person in command of the watch-boat by the fifth section hereof. An - SECTION 17. There shall be an additional justice of the peace ti°"1 J". for the county of Kent, to reside at Little Creek Landing afore- lice of the Peace ern- said, who shall have all the ordinary powers of a justice of the tett. peace under the constitution and laws of this State; but it shall be his special duty to administer the law under this act so far as the same is neither" [withinj the scope of' the jurisdiction of a ,justice of the peace, or as he is charged with any duty here-under ; two-thirds of each branch of the Legislature concur in the passage of this section. Compeubkt- SECTION 18. The compensation to the said Collector for his Conto Col- services under this act shall be five per centum of the money lector. collected and paid over by him, but shall not exceed 1,000 dollars per annum, and that to the captain and crew of the watch-boat shall not exceed eighty dollars per month for the captain and forty dollars per _month for each of the crew, they finding their own board. It shall be paid out of the money collected under this act, a sufficient amount of which is hereby appropriated for that purpose. Warrants of the Collector therefor, drawn on the State Treasurer, shall be the form of' such payment. Money yob SECTION 19. All money collected by the Collector under this looted nhall for the act shall be for the use of the State, and shall be deposited by the him so soon as may be in the Farmers' Bank at Dover, to the State. credit of the State Treasurer, but so much of it as shall be necessary to enable him to pay the expenses incurred by hini by authority of this act, including his commission, is hereby appro-priated and shall be subject to his warrants upon the State U Ii enrolled bill. CAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. 'Treasurer, which warrants, so far as the expenses of the watch-boat and her company are concerned, are already provided for in the seventeenth section of this act. The said Collector shall, by the tenth day of April, in each year, commencing with the present year, render, under oath to the State Treasurer, a faithful account of all money received by him under this act, and the disposition hereof [thereof] according to the foregoing provisions. SECTION 20: The Secretary of State shall cause a certified Secretary of copy of this act to be forthwith published for one month in three:VilsTchis . of the newspapers of the State. act. SECTION 21. And be it further enacted, That where a party When a boat planting shall use a boat for that purpose of not greater burthentLTIr than two tons' he shall only be obliged to pay for the privilege= o'brr of planting, that, is, twenty-five dollars, and the license to him planting. shall be restricted accordingly. Passed at Dover, February 1, 1871. CHAPTER 14. CONCERN! NO OYSTERS. AN ACT supplementary to the net entitled, "An Act in relation to Oysters' SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That no what Alan oyster bed south of a line drawn east from Mahon River Light .11 epoliter- House to Blake's Channel shall be tiiken to be a public oyster opterbed.. bed, except such as may not be more than three feet below the surface at an ordinary low water ; and that the said act shall be read and construed in connection with this act. SECTION 2. And be it ,further enacted, That to promote the Additional enforcement without delay of the aforesaid act, where branch ce;T:ild'!e [breach] of its provisions has been or shall be made, an addi-tional constable for Kent county shall be and is hereby created, who shall reside at or near Little Creek Landing, and have all the powers of a constable when appointed by the Levy Court. Passed at Dover, March 7, 1871. 25 26 CONCERNING THE PUBLIC REVENUE. CHAPTER 15. OF COLLECTORS. Volume 13, AN Arc to repeal Chapter :195 of the 13th Volume of Delaware Laws. 3S0. Obnpler 3115 SECTION 1. Be it enacted by the Senate and House of Re2)resen- 13 repealed. tatives of the State of Delaware in General Assembly met, That- Chapter 395 of 13th Volume of Delaware Laws be and the same is hereby repealed, and all the laws repealed by the said act be and the same are hereby revived and reenacted. Passed at Dover, March 14, 1871. CHAPTER 16. OF THE REVENUE OF TIIE STATE AN A("1` to amend Chapter 117 of the 13th Volume of the Laws of Ilehtware, Volume 13, entitled "An ttet to raise revenue anti provide for the current expenses of the Stato government." Be it enacted by the Senate and House of Representatives qf the State of Delaware in General Assembly met, Twa,/,,. SECTION 1. That Section 1 of Chapter 117 of the 13th Vol. yore, Doc. of the Laws of Delaware, entitled "An act to raise revenue and torn, Deu tlete, Con. provide for the current expenses of the State government,' be jInitYu lj Lug' and the same is hereby amended by adding the words " prac-ticing the profession of law ; practicing the profession of medi-cine; practicing the profession of dentistry ; conveyancing; acting as private banker:" after the word "liquors" in the last line of said Section I. Section :1 of SECTION 2. That Section 3 of Chapter 117 aforesaid be and ,Cjiyril417 the same is hereby amended by striking out the words " twenty-ameuded. five" in the sixth line of said Section 3, and inserting in lieu thereof the word "fifty" and also by inserting, between the %%words "dollars" and "for" in the same line of said Section 3, the words " and such agent shall also pay to the Clerk of the Peace, for the use of the State, at the time of obtaining such license in each year, two and one-half per centum on the gross amount of premiums received and assessments collected by such agent. LAWS OF DELAWARE.. ' CONCERNING THE PUBLIC REVENUE. during the year immediately next preceding the date of obtain-ing such license in each year ; and every such agent shall, at the same time furnish to the Clerk of the Peace a statement showing the gross amount of premiums received and assessments collected, and shall verify such statement by his oath or affirmation, taken before some person who, by the laws of this State, is duly authorized to administer the same ;" also by striking out the words "twenty-five" in the seventh line of said Section 3 and inserting in lieu thereof the word "fifty ;" and also by inserting between the words "dollars" and " for " in the same line, the words "and such agent shall also pay to the said Clerk of the Peace, for the use of the State, the sum of two and one-half per centum on the gross amount of premiums received and the assessments collected by such agent during the year immediately next preceding the date of obtaining such license in each year : and such agent shall at the same time furnish to the said Clerk shall fur-of the Peace ,a statement showing the-gross amount of premiums cct,h,°`r11,1° received and assessments collected, and shall verify snail state- Peace, or ment by his oath or affirmation duly administered by some person authorized by the laws of this State to administer oaths ;"Pg':r,w`18,i uotoi amend said Section 3 further by adding after the word "dollars,- in the last line thereof the words "for each license to practice jugglery the sum of twenty-live dollars; for each license as a lawyer the sum of ten dollars ; for each license as a physician the sum of ten dollars; for each license as a dentist the sum of ten dollars; for each license as a conveyancer the sum of ten dollars; for each license to act as a private banker the sum of one hundred dollars." SECTION 3. That-Section L5 of Chapter 117 aforesaid be and the secuo3r same is hereby amended by adding thereto, after the word "act" ocAtn!,17 in the last line thereof, the words following, to wit : " Every amood.I. person whose business it is for fee or reward to prosecute or who moat defend causes in any court of record or other judicial tribunal of l'e1" '- the United States or of any of the States, or give advice in rela-tion to causes or matters pending therein, shall be deemed to be a lawyer within the meaning of this act. Every person (except PliyNielau or apothecaries). whose business it is for fee and reward to prescribe d""" remedies or perform surgical operations for the cure of any bodily disease or ailing, shall be deemed a physician or dentist, as the case may be, within the meaning of this act. Every Couvey-person who shall draft any deed, lease, release, agreement, mort- "nr". gage, will, or any other instrument conveying real estate, for fee or reward, shall be deemed a conveyancer within the meaning of this act. Every person shall be deemed a private banker within Private the meaning of this act who keeps a place of business where credits "'Luke'. LAWS OF I/ELAM-AIM 27- CONCERNING THE PUBLIC REVENUE. are opened in favor of any person, firm or corporation, by the de-posit or collection of money or currency, and the same or any part thereof shall be paid out or remitted upon the draft, check or order of such creditor, but not to include incorporated banks or other banks legally authorized to issue notes as circulation, nor agents for the sale of merchandise for account of producers or manufac-turers. Passed at Dover, May 15, 1871. CHAPTER 17. RAILROAD AND CANAL COMPANIES. volume 13, AN ACT to amend Chapter 392 of the 13th Volume of the Laws of Delaware 377 entitled, "An act taxing Railroad and Canal Companies in this State." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That Section 1 of Chapter 392 of the 13th Volume of the Laws of Delaware entitled, "An act taxing Railroad and Canal Companies in this State" be and the same is hereby amended by striking out the word "three" in the tenth line of said Section 1, and inserting in lieu thereof the word "ten." SECTION 2. That Section 2 of Chapter 392 aforesaid, be and the same is hereby amended by striking out the word "State" in the twenty-seventh line of said Section 2, and inserting in lieu thereof the word "county." SECTION 3. That Section 4 of Chapter 392 aforesaid, be and the same is hereby amended by striking out the words "one-fourth of;" between the words "of" and " one" in the eighth line of said Section 4, and inserting in lieu thereof the. words "one-hail or SECTION 4. That Section 5 of Chapter 392 aforesaid, be and the same is hereby amended by striking out all of said Section 6 between the words "to" in the twelfth line and "inform "in the fourteenth line of said Section 5, and also by striking out all of said Section 5 between the words " Section, ' in the eighteenth line, and "the "in the twentieth line thereof, and also by striking out all of said Section 5, between the words " Treasurer" in the 28 LAWS OP DELAWARE. Section 1 01 Chapter 392 Or Vol 13 ti ineudel. Section 2 of Chapter 392 or Vol. 13 amended. Section 4 chlipter 392 or Vol 1:1 itinenthol. Chapter 392 or Vol. 13 amended. LAWS OF DELAWARE. 29 CONCERNING THE PUBMC REVENUE. twentieth line, and "shall" in the 'twenty-first line thereof', and also by strikino. out the word "State" in the twenty-third line of said section, and inserting in lieu thereof the word "county." SECTION 5. That Section 6 of Chapter 392 aforesaid he and section Got the same is hereby amended by striking out the word "ten" in ocivotri r the fourth line of said 'Section 6, and inserting in lieu thereofamended. the wdrd ",twenty" and also by striking out the word "ten." in the seventh line of said Section 6, and inserting in lieu thereof the word "twenty." SECTION 6. That Section 7 of Chapter 302 aforesaid, be and Section 7 of the same is hereby amended by striking out the word "State " Vog,`eer1F,' between the words " of " and "taxes" in the second line of said amended' Section 7, and inserting in lieu thereof the word "county" and also by striking out the word " State" in the ninth line of said Section 7, and inserting in lieu thereof the word "county" and also by striking out the word "ten" in the fourteenth line of said Section 7, and inserting in lieu thereof the word "twenty." Passed at Dover, March 23, 1871. CHAPTER 18. OF THE REVENUE OF THE STATE. A Supplement to the net entitled, "An act to amend Chapter 117 of the 13th Volume of the Laws of Delaware, entitled 'An net to raise Revenue and provide for the current expenses of the State Government. SECTION 1. Be it enacted by the Senate and Howe of Represen.. tatives of the State of Delaware in General Assembly met, That Not it shall not be necessary for any person having a license to prac-;"Wye'rrtl,1 tice law under the laws of this State to take out a separate at.dkdvountr license for conveyancing; but a license to practice law shall etevnos; animIcer confer upon the person having such license the right to draft any deed, lease, release, agreement, mortgage, will, or any other instrument conveying real estate, without any additional or other license therefor. Passed at Dover, March 27, 1871. 80 bo kept it. taut], dud ..1111 ni, plied to tho porohnno Stith. hood, Which c000dituto oillk log tuna CHAPTER 10. CONCERNING OYSTERS. AN All' to perfect the legislation of the present. session of the General Assembly in reference to Oysters, awl for other purposes. SECTION 1. Be it enacted by the Senate and House of Represen- N,,,,,,, tat ices (?t' the State of Delaware in General Assembly met, That no rda wirayg ea wora y person, be he a resident or non-resident of this State, shall dredge tbr and take and carry away any oysters now growing' or here- C011., after to grow in the Delaware Bay or River, unless he shall have ,vithout tirst taken out one or the other of the licenses provided for by the act passed at the present session of the General Assembly, entitled, "An act in relation to Oysters ;" and in case of violation Au "tIrmte% of this act, the °Render shall be deemed guilty of larceny, and gmlly of ir,uy. be punished accordingly. And in order to promote the execu-tion of this act, but for that purpose only, the oysters growing, nyt.,D on or being at any time in the said bay or river, on bottom over three feet deep at an ordinary low water, and not within any uI plantation authorized by the aforesaid act, Shall be held and within a 0.0mt.a, taken to be in the custody, and may be described in any pro- ,n0.1101,0ceeding for violation of this act as the property of the person 1Y"1who, at the time of prosecution, may be the Collector under. the said act ; which said person shall, by reason of his office of Collortor to Collector, be the bailee of the said oysters, and have the same dtZ kind of special property therein as bailees have by law of 'Ted"' Pr". property in their possession by bailment under contract. This act shall not conflict with the act aforesaid. an- SECTION 2. And be it further enacted, That the money arising from the licenses provided for by the act aforesaid shall be kept as a separate fund by the State Treasurer, and after paying thereout the expenses attending the execution of said act, shall be applied by him to the purchase of State Bonds, which shall, from thenceforth, constitute part- of a sinking fund for the payment of the public debt. Passed at Dover, March 2, 1871. LAWS OP DELAWARE. CONCERNING THE PUBLIC REVENUE. . a, 'FLAWS OF DELAWARE. 31 CONCERNING TIM PUBLIC REVENUE. CHAPTER 20. OF TIIE REVENUE OF THIN STATE. AN A.C1' to amend chapter 117 of the 13th Volume of the Laws of Delaware Volume 13, entitled, "An act to raise revenue" iSte. 10a. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly ?net, SECTION 1. That Chapter 117 of the 13th Volume be amended 87VottelvAig in the fifth section by inserting, between the words " person " and ofIVI'ol. 13, " who" in the tenth line, the words " other than the clerk or '"""°''' ^assistant of any life insurance agent who shall have become qualified to conduct and carry on the bnsiness of life insurance agent as provided- for in Section 2 of said Chapter 117 at the one". IZkk, place designated in his license." s SECTION 2. That Chapter 117 of the 13th Volume be further secuon'5gt amended in the fifth section by inserting, between the words'nrilf " person " and " who" in the fifteenth line, the words " ether than amended. the clerk or assistant of any fire insurance agent who shall have become qualified to conduct and carry on the business of fire insurance agent as provided for in Section 9 of said Chapter 117 at the one place designated irr his license." Passed at Dover, March 29, 1871. CHAPTER 21. OF THE REVENUE OF THE STATE. AN A( "I' to amend Chapter 390 of Volume 13 of the Laws of Delaware. Vol, 13, n7. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That Chapter 390 of Volume 13 of the Laws of Section 1:1 of Delaware be amended by striking out, in the twelfth' section, all Co fu\ PoTut between the words "to;" in' the tenth line, and "and" in the 13 amended. eleventh line, and inserting in lieu thereof the following words, to wit : "taxation, and pay the following taxes, that is to say : where the successor shall be a brother or sister, or a descendant Ratan of tux of' a brother or sister of the predecessor, a tax at the rate of one ,,e,lreigMeitay. per c,entum upon the value of the estate; where the successor shall be a brother or sister of the father or mother, or a &seen. 32 CONCERNING THE PUBLIC REVENUE. dant of a brother or sister of the father or mother of the' predecessor, a tax at the rate of two per centum upon the value of the estate ; where the successor shall be a brother or sister of the grandfather or grandmother, or a descendant of the' brother or sisters of the grandfather or grandmother of the predecessor, a. tax at the rate of three per eentum upon the value of the estate ;. where the successor shall be in any other degree of collateral consanguinity to the predecessor than is hereinbefore described, or shall be a stranger in blood to him, a tax at the rate of five. per centum of the i,alue of the estate: Provided that no tax shall be levied in respect of any succession existing before or subse-hit piipj quent to the passage of this act, where the successor shall be thc. wife of the predecessor." A aala 307 Passed at Dover, March 29, 1.71. 1-tre7vi Qe.) CHAPTER 22. OF THE REVENUE OF THE STATE. AN ACT to raise Revenue for State mkt .Cottlity purposes. Be it enacted by the Senate and House of Representatives of the- State of Delaware in General Assembly met, iuvo,tmoutb SECTION 1. That in additi,on to real and personal property Ihtble to tax- liable to assessment and taxati:n, all debts secured by or due on talon for Cuttuty uud judgment, decree, recognizance, mortgage, or bond, from solvent Slate pur-p0BCS. debtors (except debts due for goods sold and delivered, and work Except". or labor done and performed); all stocks or shares owned by resi-dents, firms, associations of persons, or corporations of this State, in any bank, institution, or company incorporated in any other State or Territory, or in the District of Columbia ; all debts due to residents, firms, associations of persons, companies, or corpora-tions in this State by solvent debtors residing out of this State, (except debts due for goods sold and delivered, and for work or labor lone and perlbrmed); all investments in securities or stocks of other States, or of companies incorporated by other States, or by the United States, made or held by residents, firms, companies, associations of persons, or corporations of this State, and all investments in public loans and stocks whatever, made or held- by residents, firms, companies, associations of persons, or corporations in this State, except in those created or issued by LAWS OF DELAWARE. LAWS OF DELAWARE. 33 CONCERNING THE PUBLIC REVENUE. the United States, and exempt from taxation, mid such as have been issued by this State, and exempt from taxation, shall also be liable to assessment anti tax for public purposes. SECTION 2. That the assessors of the severaf hundreds in this Duty or the State, whose duty it is to'assess the real and personal property gnsos,Xa?r. therein, shall ascertain and assess at their actual cash .value a1l.1:retread, debts, stocks or shares, securities and investments whatsoever v'esiineni,. liable to assessment under the next preceding section so as to be lajeasTmeZiN; returned to the Levy Court of the several counties of this State ttstrtialr. on the first Tuesday of February, eighteen hundred and seventy-!r= two, and on the first Tuesday of February in every year thereafter, day or F91,- and for this purpose shall call upon every person, firm, company, association of persons or corporation owning or holding any debts, stocks or shares, securities and investments liable to assess-ment as aforesaid, who shall,. when so called upon, make a true statement and disclosure of the amount thereof. The assessor May require aunsretreourtnt may, if he deems it necessary, require such statement or disclosure to be made under oath or affirmation, which he is hereby author-ized to administer. The oath or affirmation of any arm may be Affidavit of -made by any member thereof, and in case of a corporation byIliZgirr-the president, treasurer or cashier thereof. The assessor shall also have access to the records of the offices of Prothonotary, rnor Recorder of Deeds, Clerk of the Orphans' Court and Register in agesere- Chancery, in the several counties of this State, free of charge, "rib' for the purpose of obtaining information therefrom in respect to debts secured by of due on judgment, decree, recognizance, mortgage or bond. If any person, firm, company, association of rinur persons or corporation shall make any statement or disclosure ,,autt."' respecting any debts, stocks or shares, securities and investments, liable to assessment as aforesaid which is false and fraudulent, the Levy Court shall add fifty per centum to the tax upon the assessment of such pefsons, firms, companies, or corporations hereinafter imposed. SECTION 3. That eabh assessor shall make a written statement Vro" ,%vitattlzake a of the assessment of all debts, stocks or shares, securities and Atei t of investments liable to assessment as aforesaid, for his hundred showing the names of the owners or holders thereof, arranged alphabetically, the amount of each owners or holders assessment, and the amount of the assessment of the whole hundred. SECTION 4. That all the provisions of the Revised Statutes ofnw, this State, the amendments thereto, and all the existing laws,a7,;!.iesicii,it: relating to the assessment of real and personal property and 011, the duties and powers of the Levy Court, Clerk of the Peace, and Assessors of the several counties respecting such assess-ments, shall apply to the assessments made under this act, so far 3 lieu of As. SUMO/H. County taxes to be paid to County Treasurer. 'CONCERNING THE PUBLIC REVENUE. as they are consistent therewith, if not herein otherwise provided for. The assesiors of the several hundreds shall be qualified in the same manner and at the same time as is prescribed in Section 19 of Chapter 10 of the Revised Statutes, aforesaid, before entering upon the duties imposed by this law. Apportion- SECTION 5. The Levy Court of the several counties shall, every year, apportion and lay the road, poor and county taxes lo be laid by, Levy Court. to and upon the assessments made under this act, as well as upon the assessments, of real and personal property and poll, at and according to the same rate and in the same manner as is provided in Section 18 of Chapter 8 of the Revised Statutes of this State: Proviso ab to Provided however, That the Road Commissioners of Ne Castle the duty of road corn. county shall ascertain, lay and apportion the road tax to and omfi sNseiown eCrsa s. upon the assessments aforesaid, as is provided in Chapter 60 of tie colmlY the Revised Statutes of the State. The said Levy Court shall, at the time of laying the county, road, and poor taxes, also lay and apportion a tax of ten cents on the hundred dollars, and so pro rata, to and upon the assessments of real and personal property, and poll, and of all debts, stocks or shares, securities Tax to be and investments as they shall stand upon the aforesaid assessment paid to the Slate Trott- lists of the several hundreds, which shall be set apart for the use 'quera within of the State and paid to the State Treasurer by the County ten dys after receiv- Treasurer of each county within ten days after receiving the lux the battle. same. The duplicate of the assessment list of each hundred required to be issued by said Section 18 of the Revised Statutes aforesaid, with the warrant theieto annexed, as hereinafter amended, shall include a duplicate of the assessment list made cathcalptnorSSooff under this act. Section 18 of Chapter 8 of the Revised Statutes Retvei8soedu nSetna-. aforesaid be and it is hereby amended by striking out the word dud. "and" in the twenty-sixth line of said Section 18, and inserting between the words " county " and "taxes" in the same line, the words "and State" and by striking out the word " and " in the thirtieth line of said Section 18, and also by inserting in the -- thirty-first line of said section between the words " tax " and " and " the words "and the rate of ten cents per hundred dollars for the use of the State." Bond of the SECTION J. The bond which -each collector is required to give Collector to extend to the by Section 2 of Chapter 12 of the Revised Statutes aforesaid, traaxtce8s Luidd with the condition and warrant of attorney subjoined thereto, ','niJr thin shall include and apply to the rates and taxes laid and appor-tioned under this law. SECTION 7. The county, road, and poor taxes laid and appor-tioned _under this act shall be paid to the County Treasurer by the collectors of the several hundreds of the State at the same times and in the same manner as is provided in Sections 7 and 8 34 LAWS OF DELAWARE. !LAWS OF DELAWARE. 35 CONCERNING THE PUBLIC MEVENUE. of Chapter 12 of the Revised Statutes aforesaid. The tax \Ville11,State tax is hereby levied and set apart for the use of the State shall be grdre paid also to the County Treasurer, as follows: One-half part on 7 .,°reuansturer. the 'first day of August, and the other half part or residue on At NOlutt -the first day of January in every year, and all the receipts taken rtitttios to be by the collectors 'aforesaid shall be the same as is provided in .Section 9 of Chapter 12 of the Revised Statutes aforesaid. SECTION 8: All the provisions of the Revised Statutes of this Provielons Iteetvol anepd. .State, the amendments thereto, and all the existing laws relating to the collectors, and the collection of county, road, and poor 0Yhereto. taxes, and the application thereof by the County Treasurer aforesaid, and to 'the assessments of real and personal property .and poll for county purposes, and the taxes levied thereon, shall apply to the same subjects in this act, so far as they are consistent 'therewith, and net hereinbefore otherwise proVided for. SECTION J. It shall be the duty of the County Treasurer to Rua.e of receive and demand the tax hereby set apart for the use of the m°reuanstii"rer. .State from the collectors, which they are required by their du-plicates and warrants to collect at the times hereinbefore specified for the payment of said taxes, and immediately upon the passage of this act the County Treasurer shall give additional bond to mum gtve the State in a penal * amount of which to be determined by thetit,11,11' Levy Court of each county, with sureties to be approved by the Levy Court, with the same condition as is prescribed in Section 2 of Chapter 13 of the Revised Statutes aforesaid, with warrant of attorney to confess judgment thereon. SECTION 10. That immediately' afterthe passage of this act spe,11,v,. the assessor aforesaid shall proceed to make a special assessnientrel=tTr of all debts, stocks or shares, securities and investments what- rear. soever, liable to assessment as aforesaid in their respective hundreds, in the same manner as the annual assessments thereof are required to be made for the present year, and as soon as they are completed shall return them to the Levy Court aforesaid, and for the purpose of receiving said special assessments said court shall sit on the first Tuesday of June, 1871, and on such other Levy Court days and times thereafter as it shall be necessary to adjourn to. VLIVanyaort!'' After the said court shall have heard the appeals therefrom, and June, made the corrections and additions thereon, as in, cases of the annual assessments, they shall proceed to lay and apportion the taxes for county and State purposes, and issue the duplicates therefor, as directed in Section 5 of this act, to the collectors of the several hundreds, who are hereby required to collect the taxes thereon in the same manner as the taxes are on the dupli-cates of the annual aSsessment lists of the several hundreds. So enrolled. 36 LAWS OF DELAWARE.. CONCERNING THE PUBLIC REVENUE. SECTION 11.. When the owner of any real estate has a judg-. ment on the same, be shall be allowed, in payment of his tax, a deduction from the amount of which he has been assessed an amount eqUal to the tax oti said judgment. All acts t. SECTION 12. That all acts and parts of acts inconsistent with consistent herewith are this act be and the same are hereby repealed: Provided however, repealed at that all laws relating to the collectors of county, road, and poor-all laws re- taxes, and the collection and application thereof, and the official biting to bboonnddss of said collectors, shall remain in full force until said col- Alan remain in rorce until shall have paid over all money or moneys named in their Collectors shall pay respective duplicates after due allowances for all proper .deduc-- over the t1011S and delinquences have been made as directed by law: And' amounts on their dupli- provided further, that the official bonds of the county treasurers eates. of the several counties shall remain in force until all taxes in l'rovlso. their hands, or which may come into their hands from the collectors aforesaid, are properly applied. Allowing SECTION 13. That any creditor may contract with the debtor :,:orendtri taocr. to 't to pay, in addition to lawful interest, the tax imposed by this. with debtors nm.. to pay the "'"' tax. Passed at Dover, March 30, 1871. Section 11 woe stricken out by a coapplement to the above act. CHAPTER 23. OF TIIE REVENUE OF TIIE STATE. AN ACT to amend an net entitled "An act to raise Revenue for State and County purposes" passed at Dover, March 30, 1ST!. Act to raise SECTION 1. Be it enacted by the Senate and House of Represen- """""" State aud tatives of the State of Delaware in General Assembly met, That County ritr. the act entitled "An.act to raise Revenue for State and County )10H011 amen ded by htrl- 1)1111)0SCS" passed at Dover, March 30, 1871, be and the same is. king out See- unn 11 herebyb y amended by striking out the eleventh section of said act. Passed at Dover, March 30, 1871. LAWS OF DELAWARE. 37 CONCERNING THE PUBLIC REVENUE. CHAPTER 24. OF THE REVENUE OF THE STATE. AN ACT Taxing Manufacturers and for other purposes. Be it enacted by the Senate and House of Representatives of the .the State of Delaware in General Assembly met, SECTION 1. That every individual, association of persons, firm Any }lemon, or corporation engaged as owner or owners in the production or' . manufacture, by hand or machinery, of goods, wares or mer- iunm ainedu gdaagsehl, chandise, or of any article or material, or any combination or lug to con- r composition of any articles or materials of every nature and tgi:gueed°11;the .6? substance whatsoever, except the usual farm products for home=,:,c,`kr):, 7 consumption or market purposes, and desiring to continue in e, nonaus"wares said production or manufacture, shall annually hereafter, on or and Ler-before the first day of June, take out a license to engage in said 'L fi production or manufacture, for which such individual, association'tY=1 , of persons, firm or corporation shall pay, for the use of the State, =tont the sum of five dollars to the Clerk of the Peace of the county The amount r3 in which such individual, association of persons, firm or corpo- to "paid' / ration is engaged and desires to continue engaged in such pro- , y- duction or manufacture ; and every such individual, association of co persons, firm or corporation shall, on or before the said first day , of June annually hereafter, before taking out- said license, file shim file with the said Clerk of the Peace a true statement of the aggregate 0"r'l ttlItmeg::Ictee .;) cost value of all the goods, wares and merchandise, and of all nastozeitaito.001; ; articles and materials, of every nature and substance whatsoever, goods pro- 1 which such individual, association of persons, firm or corporation 'Inc". I. 2, shall have produced or manufactured as aforesaid during the 2 ) year immediately preceding the date aforesaid. The said state- Statemeat to 1.1 ment shall be verified by the oath or affirmation of such indi-vidual, of one member of such firm or association of persons, or """"""". p, of the president or other presiding officer of such corporation, 2 that such aggregate cost value does not exceed the sum named, 7 I and the said oath or affirmation may be taken before any person z 7 who, by the laws of this State, is duly authorized to administer 3 the same. In the said statement the said .aggregate cost value What ouch 3i shall consist of the original cost value of the raw material befurbTarntist 3 I it is manufactured, together with all the costs incurred and money of. 33 expended in producing and manufacturing the same. Every 3 a such individual, association of persons; firm or corporation, so as j aforesaid engaged and desiring to continue engaged in said pro-b duction or manufacture, shall, on or before the said first day of The amount I 1 June annually, before taking out the said license, pay to the to ir t said Clerk of the Peace, for the use of the State, in addition to tittuili`i 38 LAWS OF DELAWARE.. CONCERNING THE PUBLIC REVENUE. 3 9. the above named sum of five dollars, the further sum of on the amount of said aggregate cost value, if the amoounen?dto llar 0 of the same does not exceed one thousand.dollars, or if it does,ui exceed that amount, then the sum of ten cents for each one hun-dred dollars of such cost value of such production or manufac-tures. The license shall authorize the production or manufactures/ of goods, wares, merchandise, or of any article or material or Tim license any combination of any article or material, only at one place b fpolar coen,l yf oor ne and for only one year from the first of June. In case any indi-one year. vidual, association of persons, firm or corporation desires to besir Concerning engaged as owner or owners in such production or manufacture,hict those desi-ring to en he, she or they not having been engaged in said production or pp et, manufacture during the year immediately next preceding, shall, before commencing such production or manufacture, take out a shim take license for the six months thence next ensuing, first paying to the f"o"r1 si1x" "" said Clerk of the Peace the sum of five dollars, and at the expi-mont hs, ration of the said six months he, she or they shall obtain another J. r License for license which shall be valid until the first day of June following, .1.4 the remain-der of year, upon his, her or their filing with the said Clerk of the Peace a J-7 Statement of true statement verified by oath or affirmation as aforesaid of such 1"). e"Ht v"I"" ur individual, or one member of such association or firm, or of the ,r9 good8 m ti-ract tired, president or other presiding officer of such corporation, of the. 1.) preceding 13 Months towaggregate cost value of all the productions or manufactures so as-0. / aforesaid produced, made and manufactured by such individual, Pence. association of persons, firm or corporation the next preceding 6,o . six months ; such individual, association of persons, firm or cor- iH poration paying to the said Clerk of the Peace, for the Use of the to r Poi lerk to State, the same taxes as aforesaid rated in proportion to the time 6 C of t P heeace. during which said last mentioned license shall be valid : Provided, to '7 That property so made or manufactured as aforesaid, not exceed- c.! r dred dollars ina in each year the value of five hundred dollars, shall be ex- w 7 exem pt. cmpted from the payment of said tax and license: And provided Any ono further, That no individual, association of persons, firm or cor-taking ont poration, having paid the said tax imposed upon them under this this act shall be liable to the payment of the tax or taxes imposed net not Nide I to IntY lux upon individuals, associations of persons, firms or corporations for selling goodA, sm. engaged in or desirin,, to engage in the business and occupation of purchasing and atilling goods, wares, merchandise, produce and property. That this section shall be held to include persons, thins and kinds of associations of persons, firms or corporations engaged as owners iii or principals in the following occupations and kinds of business: Makers of agricultural implements. Manufacturers of phosphates and other fertilizers, and of lime. Manufacturers of cigars, tobacco and sniff. Makers or builders of railroad ears. LAWS OF DELAWARE. - CONCERNING THE PUBLIC] REVENUE. . Manufacturers or builders or makers of carriages, velocipedes and sleighs. Wheelwrights. . Ship carpenters or builders or repairers of sailing or steam vessels or boats of every description. Sail, tent, awning or tag makers. Coopers. Turners of wood, iron, brass, or other materials. Millers, including -flour, bark, grist and saw-mills, except mills doing custom work exclusively, the toll of which do not exceed five hundred dollars a year. Box. makers. Undertakers, cabinet-makers, upholsterers. Manufacturers of molding, window-sash, doors, shutters, blinds, and makers of picture-frames. Machinists, boiler-makers and car-wheel manufacturers. Founders of brass, iron, steel and other metals. Manufacturers of iron, and articles made of iron, brass, steel, copper, tin and other metals. Contractors for building houses, bridges, railroads, &c. Manufacturers of steam engines, locomotives and repairer, of machinery, mechanical implements and machinists' tools. Manufacturers of gunpowder. Manufacturers of cotton, wool and linen, and other textile or felted fabrics and hoop skirts. Manufacturers of matches. Manufacturers of hardware and cutlery. Manufacturers of boots and shoes, hoes, belting or other articles composed wholly or in part of leather, (rum or gutta percha. Manufacturers of jewelry, watches 111171 clocks. Merchant tailors and manufacturers of ready-made clothing, not including clothes made of niaterial furnished by customers. Tanners and manufacturers of morocco and other leather. Distillers, brewers and vinegar manufacturers. Gas manufacturers. Manufacturers of steam and gas fixtures. Plumbers, soap and candle makers. Bakers, candy and confectionery makers: Paper makers, blank book manutiteturers, book binders and printers. Hatters and furriers Manufacturers of spice and chocolate. Rope, cordage and block and tackle, spar and pump makers. Potters and persons engaged in the manufacture or making of brick and tile. 39 40 - LAWS OF DELAWARE, CONCERNING TEE PUBLIC) REVENUE. Manufacturers and refiners of coal oil or petroleum, and oils of every other description. Manufacturers of articles made of stone or marble. Canners of fruit, vegetables, meats, fish and oysters. Manufacturers of quercitron bark, corn husks and sorghum. Manufacturers of baskets and peach and berry crates, kindling wood. Manufacturers of barrel staves and headings. Manufacturers of drugs and chemicals. [Manufacturers on surgical apparatus, including trusses, sup.' porters, false limbs and bandages. Glass manufacturers and cutters. Manufficturers of te3th. Carvers, ongravers, sculptors, painters, toy makers. Manufacturers of blacking and writing fluids. Penalty fo r SECTION 2. That if any individual, association of persons, firm manufactar- or corporation shall engage, as owner or owners, in the produc- ing withou t . tion or manufacture, by hand or machinery, of said goods, wares and -merchandise, articles or materials, within the limits of this State, without obtaining, at the time or times above mentioned, a proper license therefor, and without paying the tax afbresaid, he, she or they, and the individuals composing such firm or association of persons, and each of them, and the president and directors,' and each of them, of such corporation, for every such offence shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment, besides being liable to the payment of said taxes,a fine not exceeding five hundred dollars. Fees for the SECTION 3. The officers hereinafter mentioned are hereby u" of, rothe authorized and required to demand and receive, in addition to State t: the fees heretofore required by law, the following sums for and on account of the State, which shall be pre-paid by the parties applying for the process or service mentioned, and which sum shall be taxed in the bill of costs, to abide the event of the suit, and be paid by the losing party. The Clerk of the Court of Clerk .tf tlte Court of sr- Errors and Appeals shall demand and receive for every writ of and error issued out of said court, and for every appeal entered in Recorder or said court, the sum of live dollars. The Recorder of Deeds shall Deed, demand and receive for every deed recorded, fifty cents, and for every mortgage fifty cents for every five .hundred dollars or fractional part of five hundred dollars secured thereby, and on every other instrument of writing recorded, except marriage returns, fifty cents. The several Registers of shall demand and receive for the probate of a will and letters testamentary thereon, the sum of fifty cents, and for granting letters of admin- ""0-"'"" istration the sum of fifty cents. Every Register in Chancery LAWS OF DELAWARE. CONCERNING THE PUBLIC REVENUE. shall demand and receive for every subpcena issued upon the filialg of any bill of complaint or petition, and on every summons issued l in partition, the sum of one dollar. SEcTioN 4. The Clerk of the Court of Errors and Appeals, The officers the Recorders of Deeds, the Registers of Wills and Registers in naitslitir Chancery shall, on the first day of July next after the passage Of this act, and at the expiration of every three months there-after, make returns to the State Treasurer of all sums in their hands, received under the provision or this act, belonging to the State, with a full statement, in writing, setting forth the sources from which such amounts have been received, and shall verify such statement by oath or affirmation, made before some person authorized by the laws of this State to administer the same, and shall pay over to the State Treasurer. at the time of making such return, all such sums as shall respeetively be due from them to the State, less one per centurn on such amounts, which they are hereby authorized to retain as compensation for the services rendered under this act. SECTION 5. That all of Chapter 390 of Volume 18 or the Laws chvtor or Delaware, entitled "An act providing revenue for this State"113, ex4c7pie passed at Dover, April 8th, 1869, after the enacting clause iefirnt R oQnO°. said chapter, except Sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 pealedr. e and 22 of said 890, in relation to collateral inheritances, distribu-tive shares and legacies, be and the same is hereby repealed, made null and void : Provided the said Chapter 390 aforesaid shall remain in full foace and virtue as against the collectors Saving named in said act, until the said.collectors shall pay over to the 11!I State Trreasurrerr all sums in their hands which they may have Letctorand collected under the provisions of said act, or until they shall surer. collect and pay over to said State Treasurer all sums, or taxes, upon the duplicates now in their hands, and that the official bonds or said collectors shall remain in full force and virtue until the said sums or money or taxes are paid over to the said State Treasurer as aforesaid : And provided farther, That the addi- , tional bond of the said State Treasurer to the State, as is provided for in said Chapter 390, shall hereafter remain in full force and virtue as though said act had not been repealed, and that the said State Treasurer shall duly account, according to law, for all moneys and taxes paid over to him by the collectors aforesaid. SECTION 6. If any Clerk of' the Court of Errors and Appeals, Pena Recorder, Register of Wills, or Register in Chancery shall neglect duiiy a-or refuse to make the returns required by this act, or shall neglect"' or refuse to pay over to the proper officers the amount in their hands respectively, belonging to the State, for a period of ten days after such payment should have been made, such officer so RESPECTING ELECTIONS. in default shall pay to the State double the amount so by him received, and the Attorney-General shall immediately Sue for the same, and such defaulting officer shall be guilty of a misdemeanor in office and upon conviction thereof shall be removed from office-- by the Governor upon the application in writing of the Attor-ney- General. Passed at Dover, March 30, 1871. TITLE THIRD. Of Elections. CHAPTER 2,-). OF TIIE GENERAL ELECTION Rev. "ode, AN A( "I to amend Chapter is of the Revised Code, entitled "Of the Iienoral Election." SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That. etion 17 aChapter 16 of the Revised Code, entitled " of the General Elec don" be and the same is hereby amended by striking out Section """'"''. 17 of the said Chapter and inserting in lieu thereof as Section 17' Election the following : " The general election shall be opened in every ';:-':4Vd:::- hundred on the Tuesdqy next after thefirst Monday in the month of November, in the year in which the same is held, between the d.wk A. 3I hours of eight and nine o'clock in the morning, by the Inspector making proclamation that the same is open. Any rum,/ SECTION 2. And be it farther enacted, That in any edition of edio.,J, or 1 the 1,,, I tne statutes of this State hereafter to be published the printing, "thnlra"cItn. to thereof shall be conformed to the provisions of this act. Passed at Dover, March 23, 1871. 42 LAWS OF DELAWARE. LAWS OF DELAWARE. .43 TITLE FOURTH. Of Certain Public Officers. CHAPTER 26. OF CONSTABLES. AN ACV authorizing the appointment of alt additional C'onstable in New Castle County. 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 New Castle county be and the said Levy Court flate'de7c".' is hereby authorized and required to appoint an additional Con-stable for New Castle county, who shall reside in the town ofinnoual cm, Odessa, in St. George's hundred, in said county. Such constable"th' shall have all the powers and perform all the duties pertaining to the office of constable under the laws of this State, except that he shall not be required to attend to any business, without his consent, at a greater distance than one mile from said toWn. The office of constable hereby created shall continue until this act shall be repealed, and aPpointments thereto shall be made and vacancies filled in the same manner as provided in similar cases by the laws and constitution of this State. Passed at Dover, January 26, 1871. CHAPTER 27. OF CONSTA Br, Es. AN Ayr relating to Constalles,intiristiana 'Hundred, in New Castle County. SEO'l'ION 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 concurring therein,) That the Levy Court of. 11170f.,;ogt New Castle county be and they are hereby authorized and re- ;I! quired to appoint three (or more) constables in New Castle oto, II'Ioiut :4 county, (as the case may require) one of whom shall reside in or Ktabie, 44 LAWS OF DELAWARE. IN RELATION 'TO PUBLIC OFFICERS. near the village of Newport, one in or near the Rising Sun vil-lage on the Brandywine, and one at Biddle's Mill on the Brandy-wine, hundred and county aforesaid. inmi,igent SECTION 2. And be it further enacted, That all acts heretofore aied. enacted relating to constables in Christiana Hundred, in New Castle county, be and the same are hereby repealed, and that this act be deemed a public act. Passed at Dover, February 2, 1871. CHAPTER 28. JUSTICES OP TIIE PEACE. AN A( '1' to enable the Governor to appoint an additional Justice of the Peace and Notary Public for New Castle county, to reside at or near the village of Newport. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, (two- Addltleual thirds of each branch of the Legislature concurring), That the Joetleo or the Peace et Governor be and he is hereby authorized and empowered to Newport. appoint an additional Justice of the Peace for New Castle county, who shall reside at or near the village of Newport, in Christiana 01,;crey .hundred ; also to appoint said Justice of the Peace a Notary Public. Public, with all the privileges and powers relating to such office. theoueletent SECTION 2. And be it further enacted, That this act shall repeal HetA re pealed. all laws or points (parts) of laws so far as they may be inconsis-tent herewith, and be deemed a public act. Passed at Dover, February 2, 1871. : LAWS OF DELAWARE. IN RELATION '1'0 PUBLIC OFFICERS. CHAPTER 29. SEAL OF OFFICE. AN ACT to authorize the Register of Chancery in and for Sussex County to procure a new Seal of Office. .SECTION 1. Be it enacted by the Senate and House of _Represen-tatives of the State of Delaware in General Assembly met, That Hiram T. Hiram T. Downing, Register in Chancery, in and for Sussex ft'oe;MniFin County, be and he is hereby authorized to procure a new seal for chat.:ay.to his office, to be made of brass, of the diameter of one inch at least, and engraved with the devices of the present seal, which said seal when completed shall be taken and deemed to be the seal of the Court.of Chancery of Sussex County in the State of' Delaware, and shall thereafter be fixed to all writings, papers and records, where the seal of said court is required, and the present seal shall be then broken up and destroyed by the said Present seal Register. to be deft. SECTION 2. And be it enacted, That the Levy Court and Court troyed. Levy Coutt of Appeal of Sussex County shall pay The necessary cost and to it:y the expenses of procuring the said new seal. seal. Passed at Dover, February 21, 1871; CHAPTER 30. SEAL OF OFFICE. AN ACT to authorize the Clerk of the Orphans' Court of Sussex county to procure a now Seal of Office. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That a.T. Down- Hiram T. Downing, Clerk of the Orphans' Court in and foritg:hcattiesr,k of Sussex county, be and he is hereby authorized to procure a new ic,rooncrt4;1 seal for his office, to be made of brass, of the diameter of one now teml or inch at least, and engraved with the devices of the 'present seal, which said seal, when completed, shall be taken and deemed to be the seal of the Orphans' Court of Sussex county, in the State LA. Delaware, and shall thereafter be fixed to all writings, papers, and records where the seal of said court is required ; and the present seal shall be then broken up and destroyed by the said Pratteut seal elerk.. to be des-troyed, 46 Levy Court to pay vette and expen- CHAPTER 31. OF CONSTABLES. AN ACT to authorize the Constablo of Dover Hundred, residing in the Town of Dover, to appoint a Deputy for certain purposes. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That c.t.ble of the Constable of Dover hundred, residing in the Town of Dover, tDoo veemr pHlody. in Kent county, and the State of Delaware, is hereby authorized Dernty. and empowered to appoint a deputy to perform the following acts and duties, that is to say : to post advertisements, make levies and serve summons and subpcenas of all kinds in civil eases. The deputy aforesaid shall be authorized and allowed to verify the return to said summons and the manner of service in the name of the Constable in all cases where it is necessary. Passed at Dover, March 2, 1871. CHAPTER 32. JUSTICES or THE PEACE. A N M "I` to decrease the number of Justices of the Peace in and for Sussex County. SECTION 1. Be it enacted by the Senate and House of Represen- N umber of tatives of the State of Delaware in General Assembly met, That on and after the eighth day of July, A. D. 1871, the date upon sin,.ex co. which the official term of Isaac Betts, at present one of the rpn ked , Justices of the Peace in and for Sussex county, residing at South Milford, in Cedar Creek hundred, expires, there shall not be more than two Justices of the Peace to reside in said hundred, and the said office so as aforesaid held by the said Isaac Betts shall be abolished and made vacant at the expiration of his official term. LAWS OF DELAWARE. IN RELA'IsION TO PUBLIC OFFICERS. SECTION 2. And be it enacted, That the Levy Court and Court of Appeal of Sussex county shall pay the necessary cost and expenses of procuring the said new seal. Passed at Dover, February 21, 1871. LAWS OF DELAWARE. IN RELATION TO PUBLIC OFFICERS. SECTION 2. And be it enacted, That the said Isaac Betts be and Preaent In-be is hereby required to hand over the books, papers, records, cdaeig7t::) and all things whatsoever to the said office appertaining, to either czt &c.- to of the Justices of the Peace residing in said Cedar Creek 111113,- Ike .Ce;htr dred at the expiration of his official term. Creek }Id. Passed at Dover, March 2, 1871. CHAPTER 33. OF CONSTABLES. AN ACT providing for an additional Constable in Broad Creek Ilundred, Sussex County. - SECTION 1. Be it enacted by the Senate and 'House of Represen-tatives of the State of Delaware in General Assembly met, That Se-tioti 1 or, Chapter 34 of the Revised Statutes of the State of Delaware be adinrotogy4. and it is hereby amended by ,striking out, in the nineteenth ,?:ge am"' line of Section 1, between the wordS " Lewes " and "in" the word "two" and inserting in lieu thereof the word "three." Swum 2. And be it further enacted, That the said act, as Pablialted hereby amended, shall henceforth be read and construed, and in .r,Ttegeil any future edition of the laws printed, as hereby amended. Passed at Dover, March 9, 1871. CHAPTER 34. JUSTICES OF TIIE PEACE. AN ACT to enable the tiovernor to appoint an additional Justice of the Peace and Notary Public for Sussex County, to reside In 'Indian River Hundred. SECTION 1. 13e it enacted by the Senate and House of 1?epresen- Additionm maces of the. State of Delaware in General Assembly met, (two- 111'1i:1P:111),er in thirds of each branch of the Legislature concurring), That the leanielaRriver Governor be and he is hereby authorized and empowered to Uarberion, appoint an additional Justice of the Peace for Sussex county, I t, s"77% 47 a4,e4.-81,0 rCH APTER 35. S TE he/eft AN ACI. providing for the app la . cgcsviyomse.n t of a State ..rand othor eit enacted by the Senate and House of Representatives of the. State of Delaware in General Assembly met, Professor of SECTION I. That the Professor of Chemistry of Delaware Chemletry of Del. College College, at Newark, Delaware, is hereby appointed State Chemist to be State Chemist. for the period of two years from the date of the passage of this_ act. Duty of the SECTION 2. That it shall be the duty of the State Chemist to 6"de Chew- analyze samples of all fertilizers, whether natural or artificial, ist to ana iyze .111/Imes submitted to him by manufacturers, vendors or persons using the same. Every man- SECTION 3. That every manufacturer of a fertilizer which now nfaeterer of a fertilizer to Is or may hereafter be offered for sale in this State, shall, on or before the first day of July next, submit fair samples or his manufacture to the State Chemist for analysis and annually thereafter : Provided, nevertheles, that if said manufacturer shall at any time make for sale any fertilizer of a composition differing from the article or articles previously analyzed he shall, before offering such new manufacture for sale, submit a fair sample of the said new article for analysis. Vendors of SEcTioN 4. That every vendor of any fertilizer, whether natural fertilizers to or artificial, shall, on or before the first day of July next, submit submit sum- Plet' htr mitt- fair samples of each and every variety of fertilizer offered by him for sale and annually thereafter, and shall not offer for sale any fertilizer after the first day or July next without having first. _ submitted to the State Chemist fair samples thereof for analysis. 48 LAAVS OF DETJAAVARE. IN RELATION TO PUBLIC OFFICERS. who shall reside in Indian River hundred, within three miles of' lIarbeson Station, on the Junction and Breakwater Railroad ; also to appoint said Justice of the Peace a Notary Public, with all the privileges and powers relating to such office. iflemthwoul SEarfoN 2. And be it further enacted, That this act shall repeal nets repealed. all laws or parts of laws so far as they may be inconsistent here-. with, and be deemed a public act. Passed at Dover, March 13, 1871. LAWS OF DELAWARE. IN RELATION TO PUBLIC OFFICERS. SECTION 5. That every manufacturer or vendor of fertili- roe of State zers shall pay to the State Chemist for each analysis the sum CLIztfor of thirty dollars, and shall display in a conspicuous position in ceratieate, his place of business the certificate or certificates of analysis for =Ye!'" the inspection of every one purchasing or intending to purchase OaY". said fertilizer; and any manufacturer or vendor who shall sell or offer to sell any fertilizer without first complying with the pro. visions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, on indictment, shall be fined not exceeding Peualty rm. two hundred dollars or imprisoned not exceeding six months..u="uot-or both, in the discretion of the court. SECTION 6. That any-person purchasing any fertilizer from any AnalyAo for manufacturer or vendor in this State, may submit to the State P""""'' Chemist fair samples of such fertilizer, and the State Chemist is hereby authorized to demand and receive for such analysis the sum of five dollars before the delivery of the certificate °free Of stem analysis, The said certificates of analysis shall in all cases set '1"- forth the components of said fertilizers, with their respective wt the quantities, with the date of analysis and the name of the personTarset submitting the said samples, and be signed by the State Chemist, rorth who is hereby required to keep an accurate record of the same, statement.. and the said certificates or record, when verified by the affidavit recent of the State Chemist, shall be competent evidence in any court of law or equity in this State. SECTION 7. Justices of the Peace shall have authority to bind Jut° of persons offending against this act in sufficient surety for appear-ervet lefoarrauce. ance court in accordance with the provisions of Chapter 97 of a the Revised_ Statutes of the State. SECTION 8. Any person purchasing any fertilizer from any Remedy of manufacturer or vendor who shall, upon analysis by the State dtrertier Chemist,. discover that he has been defrauded by reason of adul-1,17610. °,1* terations or deficiencies of constituent elements either of quantity cofem18,11 or quality in the fertilizer so purchased, shall recover, in any action he may institute upon proof of the fact, twice the amount paid to or demanded by the vendor of the same. SECTION 9. That for the purpose of providing the necessary scanned tilo;1;, apparatus and material for the analysis aforesaid, the sum of one approportu. thousand dollars is hereby appropriated and made subject to at°,4;ardeb,`; payment to the State Chemist upon his order drawn upon the uunpdeerrytit State Treasurer, and to be expended under the supervision of supervision theiTtos-the Trustees of Delaware College or such committee of their tweaereo goigg/10- number as they may appoint. Passed at Dover, March 16, 1871. 50 LAWS OF DELAWARE. IN RELATION TO PUBLIC OFFICERS. CHAPTER 36. OF SALARIES. AN ACT fixing the salary of the Attorney General, and for other purposes. Attorney. SECTION 1. Be it enacted by the Senate and House of Represen- General recelre into Wives of the State of Delaware in General Assembly met, That oKati-rrey- the Attorney General of this State shall, from and after the and fen ;'.h e passage of this act, receive an annual salary of fifteen hundred 7eiemn n a- dollars, payable in quarterly installments of three hundred and dred &Mars. seventy-live dollars each, in lieu of the present salary and the fees pertaining to said office. Fees to be SECTION 2. And be it further enacted as aforesaid, That all eof thefees which are now by law taxable and payable to the Attorney Srotratnes General shall continue to be taxed as heretofore, but the same shall be paid to and received by the respective Clerks of the Peace in the county where said fees are taxed, and the said Clerks of the Peace shall pay over the same to the State Treasurer at the times they are now by law required to pay over fees for license, deducting thereout, for his [their] services, two per cent. of the amount thereof. inconstEtect SECTION 3. And be it further enacted as aforesaid, That all acts repealed. laws and parts of laws inconsistent with the provisions of or contrary to this act be and the same are hereby repealed, made null and void. Passed at Dover, Hardt 23, 1871. CHAPTER 37. OF COLLECTORS. AN ACT providing for two Collectors for Wilmington Ifundred. Be e enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Wilmington SECTION 1. That Wilmington hundred shall be divided, for the Hundred di- purpose of a more convenient collection of taxes, into two collec-vided into two coilec- tion districts, as follows: All that portion of the said hundred tiou districts situatte id lying north of the street called Sixth street, as now LAWS OF DELAWARE. 61 Di_ RELATION TO, PUBLIC OFFICERS. laid out and established by the ground plan of the City of Wilmington, shall be the North Collection District ; and all that portion of the said hundred situate and lying south of the said street now called Sixth street, as aforesaid, shall he the South Collection District. SECTION 2. That one collector shall be appointed by the Levy One collet,- Court for each of the collection districts aforesaid, according to the provisionsprovisions of Section 19 of Chapter 8 of the Revised Statutes of tthiis State, and all laws applicable to the collectors of the lectiou die. several hundreds, appointed under the provisions of the said trict. section, shall be applicable to the collectors of the collection districts hereby established. SECTION 3. That Chapter 283 of the 12th Volume of the Laws Chapter 283 of Delaware, and all laws or parts of laws so far as they are glirTyawoi; inconsistent herewith are hereby repealed. of Delaware repealed. Passed at Dover, March 24, 1871. CHAPTER 38. CLERK OF TIIE PEACE. AN ACT to authorize the Clerks of the Peace of Now Castle, Kent and Sussex Counties to destroy certain papers. SECTION 1. Be it enacted by the Senate and Rouse of Represen-tatives of the State of Delaware in General Assembly met, That the °Luke of the Clerks of the Peace in and or the counties of New Castle, Kent and Sussex, shall [on] and after the expiration of five years from &Tut rpoitypeeerrs: their date, destroy certain papers, that is to say, the petitions for keeping tavern, certificates for retailers of goods, poll lists of elections, and individual bills settled and paid by the County, and such papers as may and do not become a matter of permanent record of the County and State in said office. SECTION 2.. And be it further enacted by authority of the same, Destruction That the destruction of the said papers shall be under and by ilt,b.e.upned,.,11 the supervision of the Prothonotary and the Register of Wills pr= in each of' the said Counties mentioned in Section 1 of said act. tary and Register of Passed at Dover, Alitrch 24, 1871. 52 LAWS OF DELAWARE.. IN RELATION TO -PUBLIC OFFICERS. CHAPTER 39. OF THE COUNTY TREASURER. AN ACT relating to County Treasurer in receiving and paying over taxes. to State Treasurer. SECTION 1. Be it enacted by the Senate and House of Represen- County tatives of the State of Delaware in General Assembly met, That Treasurers allowed one on and after the passsage of this act the ,fees shall be one per per cent' °11. cent. on all sums of money received and paid over to the State. all sums' pall over to Treasurer by the Treasurers of the several counties of this Stat
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Title	Laws of the State of Delaware - Volume 14 - Page 1
Creator2	Delaware General Assembly
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Full Text	A_ W OP THE STATE OF DELAWA. PASSED AT A SESSION OV THE GENERAL ASSEMBLI, COMMENCED AND HELD AT DOVER., ON TUESDAY, THE THIRD DAY OF JANUARY, A. D. 1871, AND OF THE. INDEPENDENCE OF THE UNITED STATES VOL. 14. FART 1. 1) 0VE it, DE 14 PRINTED AT THE DELAWAREAN OFFICE, 1871. witt
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Laws of the State of Delaware - Volume 14

Laws of the State of Delaware - Volume 14