Laws of the State of Delaware - Volume 03

              /
A w s
OF THE
STATE
OF ,.
FROM THE SECOND DAY OF JANUARY, ONE THOUSAND SEVEN
HUNDRED AND NINETY-EIGHT, TO THE TWENTY-FIFTH
DAY OF JANUARY, ONE THOUSAND
EIGHT HUNDRED AND FIVE.
VOLUME III.
.2alidled 4,aid/fora/.
WILMINGTON:
PRINTED BY M. BRADFORD AND R. PORTER.
1816.
11 Mil
4,....1.
4s,
-
THE - \
' , ;
'- .
STATE OF 'DELAWARE.
.....rosghrt-J`
CHAP. I. CHAP.
' . ire An ACT to prevent the issuing of warrants for the
location of land.
DE it enacted by the Senate and. House of Repre.
sentatives of the State of Delaware in General
Assembly met,lhat, from and after the passing of this ZWet:,
isasnucei d
act, it shall not be lawful for the Recorder of Deeds, in surveys made
any county in this State, to issue any Warrant, direct, ettAevreca, declai-ed
to the 'surveyor of the county, authorising him to
survey and locate any-land' or lands whatever; and
that no surveyor of any county shall survey, loCate;
or make .any plot of any lands upon any-warrant Of
any .recorder, .which may be hereafterisSued; and
that all and every Such warrant, surveMOCation; and
Plot 'shall be' utterly null and:Voidl arik law to' the
contrary thereof in any Wise, notwithStariding.'5'
f I :
Pasied January11, 1798. ,
- a
I 1.441...41
4
CHAP.
1798
Commissioners
appointed to
erect a bridge
over Broad-creek,
:bid to make the
necessary Ica&
and causeways
to and from the
same.
The place for
the erection of
the bridge, Sce.
shall be ascer-tained
by a jury;
n1111,M1111
LAWS OF THE STATE
CHAP. II.
An ACT to provide for the erection of a public bridge
across Broad-creek, in the county of Sussex. -
SECTION , BE it enacted by the Senate and House
of Roresentatives of the State of
Delaware in General Assembly met, That William
Barclay Cooper, William Townsend, and Manaen
Bull, of the said county, or any two of them, are
hereby authorised and empowered to cause to be
erected, as soon as may be, a safe, good, and suffici-ent
bridge and abutments over Broad-creek in the
said county, at such place between the saw-mill of
George Mitchell and the landing of Isaac Cooper,
on the said creek, as the freeholders herein after di-rected
to be summoned for that purpose, or any four
of them, may determine is most conveniently situat-ed
for the erection of the same : and the above -named
Commissioners or any two of them, are hereby fur-ther
empowered to have the necessary roads and
causeways leading to and from the said bridge, made
in the direction, and for the distance, which shall be
assigned by the said freeholders, or any four of them.
S u CT. 2. And be it fiirthi-r enacted, That it shall and
may be lawful for the said Commissioners, or any two
of them, to apply to the Prothonotary of Sussex coun-ty,
and thereupon the said Prothonotary is hereby re-quired
and directed, by a writ directed to the Sheriff
of the said county, to cause six good and substantial
freeholders of said county, not inhabitants of either of
the said hundreds of Little-creek or Broad-creek, to
attend and view the premises in the presence of the
parties interested, if they will attend upon notice gi-ven
them by the Sheriff for that purpose ten days at
least before the meeting of the said Sheriff and free-holders,
who shall, upon their oaths or affirmations
respectively, to be administered by the said Sheriff,
determine the place most proper for the erection of the
said bridge, and the roads and causeways leading to
and from the same, and thereon to proceed to aseer-
II 11111111
OF DELAWARE. 5
thin the place for the erection of the said bridge, and
to survey and lay out the roads to and from the said
bridge ; and also by their verdict to say and deter-mine,
whether any and what damages the owner or
owners of any land through which the road and
causeway may be laid ; and after a verdict given by
a majority of' said freeholders, the Sheriff is hereby
commanded, by a certain instrument in writing, un-der
his hand and seal, and the hares and seals of the
said freeholders, or a majority of them, to certify and
return the -verdict and determination of the said free-holders
into the Court of General Quarter Sessions of
the Peace, where (if the same shall be approved by
the said - Court) the same shall remain upon record,
and be deemed and taken a public bridge, road, and
causeway : Provided always, That the said verdict and
determination so made and determined as aforesaid
shall not be confirmed by the said Court, until the
damages so assessed as aforesaid, if any, be paid or
tendered by the Commissioners, or any one of them,
to the owner or owners through whose land the said
road or causeway may be laid.
SECT. 3. And be it further enacted, That the said
bridge shall be so constructed as to admit boats with-out
masts, scows, and stocks,' to pass under it with
ease and convenience ; that the abutments and cause-way
shall be at least twenty feet wide, and the
bridge at least sixteen feet wide ; that' there shall be
made on each side of the bridge and abutments, a
strong railing, at least three and an half feet high :
And the said Commissioners, or any two of them, are
hereby required to appear before, and account for
such monies as may come into their hands, with the
Commissioners of the Levy Court of the said coun-ty,
at their meeting to be held on the first Tuesday
of February, ir the year of our Lord One Thousand
Seven Hundred and Ninety-nine, and at such other
times as the Commissioners of the said Levy Court
may think proper to appoint.
SECT. 4. And be it further enacted, That the commis-sioners
of the Levy Court of said county are hereby au-
C II A P.
.."SN
1798
who shall also
determine the
damages.
Verdict not to
be confirmed
till damages be
paid or tendered
Bridge,howtobe
constructed, &c.
Commissioners
to account with
the Levy Court.
6 LAWS OF THE STATE
H A r. thorised ,and required, at their meeting on the n. first Tuesday in February next, to lay such additional sum
Ins on the quota of the county tax to be paid by the ,peo-
Additional rate pie of the hundreds of Broad-creek and Little-creek
to be laid on tbe in the said county, as will be sufficient to raise, in hundreds of
Proad-creek & each of those hundreds, the sum of one hundred
Little-creek. and fifty dollars, clear of all delinquencies and char-ges
of collection; which sum of money, or any part
of it, as soon as it is paid into the Treasury of the
said county, shall be liable for the orders of the said
commissioners, or of zny two of them.
SECT. 5. And be itfurther enacted, That there shall
A Ilowanee to
the Sheriff and be paid, by the said commissioners, two dollars to
freeholders. the sheriff, and to each of the said freeholders the same
sum, for every day's attendance on the business as-signed
them, by this act; and the amount thereof
shall be allowed the said commissioners, on the set-tlement
of their accounts with the said Levy Court,
out of the money herein before directed to be levied
for the purpose aforesaid ; and if any of the Com-
When new missoners herein appointed shall refuse to serve, di;
Commissioners
' or remove to any distance °above ten miles from said shall
bde
appoint-
-01mM.
ed an by bridge, or be rendered incapable of acting before the
said bridge, roads, and causeways are completed, the
commissioners of the Levy Court shall nominate and
appoint, in writing, some other person or persons ;
which said person or persons, so appointed, are here-by
empowered and authorised to act in the premi-ses,
as fully as W he or they had been appointed by
this act.
'how the
hrilge, &c.
when cornplet-vil,
shall !)e
maintaiticd.
Power of the
Levy-Court as
to reparation.
Sac T. 6. And be it further enacted, That the said
bridge, abutments, causeways, and roads, when they
are completed, shall thereafter be maintained, repaired
and kept up, at the joint expense of the hundreds
of Broad-creek and Little-creek ; and whenever any
disputes arising between the overseers of the roads
of the said- hundreds, relating to the said bridge,
abutments, roads, or causeways, cannot be adjusted,
the commissioners of the Levy Court of the said
county may, from time to time, confide the exclusive
management of repairing the said bridge, abutments,
roads, and causeways, to such person or persons as
OF DELAWARE. 7
they may see proper, and under such regulations and
'restrictions as they may provide.
' Passed January 16, 1798.
This section repealed by chap. cv. in 4th Vol. 299, where it is declar-ed
that the Bridge shall be a public Bridge, and repaired at the expence
of Sussex County.
(FA
C Fl A?. III.
C Ff A P.
1798
An ACT to prevent the erection of booths, or selling
of spirituous or other liquors, in any county-town on
the day of the animal election; and/or other purposes.
WHEREAS
the practice of erecting booths,and
selling spirituous or other liquors, in the coun-ty
towns in this State, on the day of the annual elec-tions,
is pernicious to the morals of the people, des-tructive
of the freedom of election, and productive
of riotous and disorderly behaviour, to the greatdis.
turbance of the peace of the State.
SECT. 1. BE it therefore enacted by the Senate and
House of' Representatives of the State of Delaware in Penalty for
:ityitabco. ootrhs, General Assembly met, That if any person or persons
shall, on the first Tuesday of October of any year, or riling strong
on the day next preceding or succeeding that day, set 1I
tgaz,:%ne
up any' booth, stall, or other convenience, for the sell- day of the unit-ing
of spirituous or other liquors, or shall, on the said al election.
first Tuesday of October in any year, with or without
such booth, stall, or other convenience, sell, or ex-pose
to sale, any wine, rum, brandy, whisky, perry,
cyder, porter, beer, metheglin, mead, or other vinous,
spirituous, or malt liquor, in any town in this 'State
within which the annual election of members of the
general asiembly shall be holden, or at any place
within two miles of the town or place in which such
annual election shall be holden, he, she, or they, shall
for every such offence, forfeit and pay to the State the
sum of twenty dollars, to be recovered by indictment
m the court of General quarter sessions of the peace
and jail delivery in the county in which such offence
shall be committed.
1798
Preamble.
Mode of men.
Very.
LAWS 01` THE STATE
C H A P. m. SECT. 2. Provided always, That this act shall not
be construed to hinder any tavern-keeper, merchant,
1798 or other person, from selling liquors in their respective
Proviso, as to tavern-houses, stores, or other houses, in any such
tavern-keepers town or place, or within two miles thereof, on the said
and merchants. first Tuesday of October, in the same manner as by
law they are permitted to sell at other times.
Justices of the
peace and Cori.
stables rcrptired
to attend at tic
Conoty.t own
on the day of
annual election;
111/(1 10 9tippre9s
such booths, or
Record of stir).
pressiun.
SE CT. 3. Ad for the more effectual suppression of
booths,- stalls, and other conveniencies for the selling,
giving away, or otherwise disposing of spirituous or
other liquor, in the said towns in this State, on the said
first Tuesday in October, Be it enacted by the authori-ty
aforesaid, That each and every Justice of the peace
and constable in the respective counties in this State,
are hereby commanded and required to repair to the
town or place in their counties respectively, in which
the annual election of the members of the general
assembly shall be holden, on the said first Tuesday
of October, and there attend from ten o'clock in the
forenoon to o'clock in the afternoon of that day;
and if it shall appear to any Justice of the Peace, up-on
his own view, or upon the oath of any credible
witness, (or upon his or her affirmation, he or she being
conscientiously scrupulous of taking an oath) thatany
person or persons hath or have set up any booth, stall
or convenience for the selling, giving away, or other-wise
disposing of liquor, in any town or place in this
State within which such annual election shall be hold-en,
or within two miles of the town or place within
which such annual election shall be holden, on the
said first Tuesday of October, each and every such
Justice is hereby authorised, required, and directed,
to call to his aid and assistance all other Justices of
the Peace, and all and every the constables, and
other citizens of the county, and forthwith, together
with such other Justices, and with the constables
and other citizens, to prostrate, beat down, and re-move
all and every such booth, stall, and other con-venience;
and the said Justice shall make a recold
of such suppression in the following form of words,
or in any other form to the like effect
county, to wit; Be a remembered, that on
OF DELAWARE.
this first Tuesday of October in the year I,
B. one ofthe Justices of the Peace of county,
do suppress a booth of in the town of
(orwithin two miles oft& place within which the anna-at
election is holden,) as the case may be, in pursuance
of an act of the General 4ssembly in such case made
and provided; which record shall be certified to the
next Court of General Quarter Sessions of the Peace,
there to be filed amongst the records thereof.
SE CT. 4. 4nd be it further enacted by the authority
aforesaid, That if any Negro or Mulatto slave or slaves,
or Negro or Mulatto servant, or apprentice, of any
person or persons who does not or do not reside with-in
the limits of the town, in which such annual elec-tion
as aforesaid shall be holden, shall be found with-in
the limits of such town on the first Tuesday of Oc-tober-
in any year, the master or mistress of all and
every such Negro or Mulatto slave or slaves, or ser-vant,
or apprentice, on conviction thereof before any
one Justice of the Peace of the county, either upon
his own view, or upon the oath of any credible wit-ness,(
or upon his or her affirmation, he or she being con-scientiously
scrupulous of taking an oath) shall forfeit
and pay to the State for every such Negro or Mulatto
slave, servant, or apprentice, Two dollars, to be re-covered
with costs, by distress and sale of the master's
or mistress' goods and chattels, by warrant under the
band and seal of the Justice before whom such con-viction
may be had : Provided nevertheless, That in
case of sickness,_ it shall be lawful for any master or
mistress to send any Negro or Mulatto slave to any
such town or place as aforesaid for necessaries for any
sick person in his or her fitmily, or to any physician for
medical assistance, for the said slave there to remain
for any space of time not exceeding one hour ; such
master or mistress giving such slave written orders for
that purpose. And provided always, That in case any s
such Negro or Mulatto slave or slaves, servant or ser-vants,
apprentice or apprentices, shall go to any
such town or place on the day aforesaid, without
such written orders as aforesaid, that then and in
such ease, it shall and may be lawful for :un- ins-
C n A P.
LevJ
1798
If Negro or
Mulatto slave,
servant, or ap-prentice,
of per-sons
not resid-ing
within such
town, be found
therein on the
day of the elec-tion,
the master
or mistress shall
forfeit Two Dol-lars.
Proviso.
uch slave, ser.
ant, or appFen-ice,
to be also
mprisoned.
C HA P.
111.
Ley./
1798
Penalty on free
Negroes or Mu-lattoes,
not resi.
ding within
atich town,being
found therein on
the day of the
election.
How recovered
Proviso.
How Negroes or
Mulattoes resi-ding
therein,
shall he punish-ed
for disorder.
ly behaviour on
that day.
LAWS OF THE STATE
tice to imprison him, her, or them, in the jail of the
said county for any time not exceeding forty-eight
hours ; the costs of which said imprisonment shall
be deducted from the forfeiture aforesaid.
SECT. 5. 4nd be it further enacted by the authority
aforesaid, That if any free Negro or free Mulatto, who
does not reside within the limits of such town as
aforesaid, shall be found Malin the limits of such town
on the first Tuesday of October in any year, every
such free Negro or free Mulatto, on conviction there-of
before any one Justice of the Peace of the county,
either upon his own view, or upon the oath of any
credible witness, or affirmation, he or she being con-scientiously
scrupulous of taking an oath) shall forfeit
and pay to the State Two dollars, to be recovered
with costs as is directed in the fourth section of this
act ; and in case such offender shall not have goods
and chattels, wherefrom the said forfeiture and costs
may be made, then he or she shall be committed to
the public jail of the county, there to remain till the
same are fully paid and discharged : Provided never-theless,
That in case of sickness, it shall be lawful for
any free Negro or Ike Mulatto to go to any such town
or place for necessaries fbr any sick person in his or
her family, or to any physician for medical assistance,
and there to remain for any space of time not exceed-ing
one hour.
4
SE 6. Be it enacted, That if any free Negro or
Mulatto, or Negro or Mulatto slave, residing within the
limits aforesaid, shall be guilty of any riotous oi disor-derly
behaviour on the aforesaid first Tuesday of' Octo-ber,
he or she shall, in the manner and by the authority
aforesaid, be imprisoned for the same for any length of
time not exceeding twenty-four hours, and punished
further for any offence or offences they may commit, in
the same manner as the law directs in such cases.
SECT. 7. And be it enacted, That the Justice of the
Peace before whom any person shall be convicted,
agreeably to the fifth or sixth sections of this act, shall
make a record of such conviction in the following
OF DELAWARE. 11
form of words, or in any other form to the like C Ilk P. -
Ill.
effect: County, to wit:
Be it remembered, that on this first 7 ziesday of October, 179E1
vi the year is convicted before me the subscri-ber,
one of the AstiCes of the Peace for the said County Form of record
of A. B. for that a Negro (or Mulatto) of convictkaa elf his sections
apprentice, servant, or, slave, named
or her, or he the said 4. B. being afhe Negro (or alive act.
Mulatto,) was found within the limits of the town of
on this day; and I do adjudge the
said B. to foifrit and pay to the State of Delaware
Two Dollars, and the said apprentice, servant, or slave
to be imprisoned hours. Given under my
hand and seal the day and year aforesaid.
Provided nevertheless, That it shall and may be law- Proviso.
ful for any slave, or free Negro or Mulatto, driving
any stage-waggon or carriage of burthen, not conveying
articles intended to be disposed of on that day, at any
such town or place, by any such slave, or free Negro
or Mulatto, on his, her, or their own account ; or atten-ding
on his or her master or mistress; or travelling
throUgh any County in this State, to be. and remain
within the limits of any such town or place as aforesaid
as long as may be reasonably necessary : any thi%,in
this act to the contrary in any wise notwithstanding.
St c-T. 8. Aid be it enacted by the authority afore-said,
That if any Justice of the Peace or Constable in
any County in this State, shall neglect or refuse to repair `14,11ciecei: 'cr,t,hset.
to the town or place in their Counties respectively, in hies neglecting
which the annual election for Members of the Gene- to
I"it,`-eT.;.01,,,,
rat Assembly shall be holden, on the said first 'rues- their duties,
day of October of ev&y_ year, and there attend from
ten o'clock in the forenoon to six o'clock in the after-noon
of that day, and then and there do and per-form
the duties required of them respectively by this the penalty.
law, every such Justice of the' Peace shall forfeit and
pay to the State Fifty Dollars ; and every such Con-stable
shall fbrfeit and pay to the State Twenty Dol-
Penalty on /ars ; and every other citizen such sum as he may be other citizens.
fined in the discretion of the Court, to be -recovered
by indictment in the Court of General Quarter Ses-sions
of the Peace and Jail Delivery, in the county in
12
H A P.
tonr%)
1798
SE CT. 9. And be it fisrther enacted by the authori-
Persons sued Inv ty aforesaid, That if any suit or action shall be corn- plead the
g.eerai menced, brought, or prosecuted against any Justice of
and if, &c. shall the Peace, or Constable, -or other person, for any act or
eroescrr double thing by him or them done in pursuance of this act, it
shall and may be lawful to and for the defendant or de-fendants
to plead the general issue, and on trial there-of
to give this act in evidence, and such record of sup-pression
or conviction as aforesaid ; and if the plain-tiff
or plaintiffs shall become nonsuit, or forbear fur-ther
prosecution, or suffer discontinuance, or if a ver-dict
and judgment shall pass against him or them,
the said defendant or defendants. shall recover double
costs, for which. he shall have the like remedy as in
cases.where costs by law are given to defendants.
Passed January 17, 1798.
Supplement, :;'d Vol. 221.
CHAP. IV.
1798 An ACT to prevent aliens from voting at elections in
this State, and for other purposes.
WHEREAS it is the duty of the Legisla-ture
effectually to guard the rights of the citi-zens
entitled to vote.
Preamble.
No person
deemed an alien,
according to the
laws of the Uni-ted
States, shall
be admitted to
votc at ;my elec-timi,
unless pre.
voubl, tiatura-
/ived,.&c.
LAWS OF THE STATE
which such Justice, Constable, or other citizen resides ;
and upon the conviction of any such Justice of the
Peace, the said Court is hereby directed to certify the
same to the Governor of the State.
SECTION" 1. BE it therefore enacted by the Senate and
House of Representatives of the State of Delaware. in
General Assembly met, That no person, who, accor-ding
to the laWs of the United States, is deemed an ali-en,
shall be admitted to vote at any general or special
election, or for inspectors thereof, within this State, al-though
he may have resided in the State two years before
the election, and within that time paid a State or County
tax which shall have been assessed at least six months
NotimalosseasmasegyN111"
OF DELAWARE:
before the election, unless he has been previously na-turalized
according to the directions of a law of the
United States, entitled, An act to establish an uniform
rule of' naturalization, and to repeal the act here.
tofore passed on that suYect, passed the twenty-ninth
day of January, in the year of our Lord One
Thousand Seven Hundred and Ninety-five, or shall
have been otherwise naturalized previous to that time,
and shall produce to the Sheriff, Coroner, or other
judge of such election, a certificate under the seal of
the Court wherein he has been naturalized, or if
otherwise naturalized previous to that time, then such
certificate, or other written evidence thereof, as from
the nature of such naturalization such person was en-titled
to have at the time of his naturalization.
SECT. 2. And be it enacted, That if any such alien,
who bath not been previously naturalized as aforesaid,
shall offer to vote at any such election in this State, or
shall endeavour to persuade, on the day and at 'the
place of such election, any elector, qualified to vote
at any such election, to vote for or against any person
or persons whatsoever, he shall, for every such offence,
forfeit Fifty Dollars, one moiety thereof to be applied to
the State, and the other moiety to such person or per-sons
as will sue for the same, to be recovered with
costs in any Court of Record in this State, by action
of debt, bill, plaint, or information ; and on the tri-al
of every such action, it shall be incumbent on the
defendant to prove his naturalization in manner afore-said.
CF A P.
IV. Le")
1798
Such alien offer-ing
to vote, or to
persuade any
elector, shall
forfeit Fifty
Dollars.
SECT. 3. And be it enacted, That every person who Persons prose-shall
hereafter be guilty of any offence or offences eon- citcittesilaurlitleirvethis
trary to the true intent and meaning of this act, and 'special
shall be. prosecuted for the same, shall be obliged to
give good and sufficient bail and security, to the offi-cer
executing the Capias against him or them, to
appear in the Court out of which such Capias shall
issue, at the day and return of such writ, to answer
such suit or prosecution ; and shall likewise, at the
time of such appearance, give sufficient bail or secu-rity
in the said Court, to answer and pay ,the for-
14 LAWS OF THE STATE
feitures incurred for such offence or offences, in case
he or they shall be convicted thereof, or to yield his
or their bodies to prison.
General elec.- SECT. 4. And be it enacted, 'That the general dee-tons,
at what tions in this State shall begin on the first Tuesday of
btime
they snail October annually, between the hours of nine and egin, and be
closed. eleven o'clock in the forenoon, and the poll thereof
shall be carried on, without interruption or ad-journment,
till six o'clock in the afternoon of the
same day, and no votes shall be received afterwards
and if any judge of election, inspector, or other per-
Penalty on a son, after any ticket bath been delivered by a, quail& tigetir ed elector, and before the polling of the tickets be
a ticket ; closed, shall presume to unfold, open, or pry into
any such ticket, with design to discover the names of
the persons contained in any such ticket, every per-son
so offending, shall forfeit and pay Thirty-two Dol-lars
to the party grieved, to be recovered with costs,
by kill, plaint, or information, in any Court of Re-cord
; and if any elector offers any more than one
and on an elect- ticket, with a fraudulent design, every such person
or for °tiering more than 0,. snail f,oorrffe it and pay Thirty-two Dollars for every such
offence, to be recovered with. costs by any person who
Proviso will sue for the same as aforesaid,: Provided neverthe-less,
That it shall and may be lawful for any judge of
election, or inspector, to examine any ticket to see whe-ther
there be two or more tickets deceitfully folded
together ; and if there be two or more tickets so fold-ed
together, then all and every such ticket shall be re-jected.
Itepeal of parfof SECT. 5. And be it enacted, That Eo much of the section 3. cliap.
61. a. third section of the act, entitled, An act br regu-lating
elections,. and ascertaining the number of the
.Members of as permits the Sheriff, or
other judge of election, or inspector, to read the names
contained in any paper or ticket, or to ask any elec-tor
whether these are the persons for whom he votes,
shall be and is hereby repealed, made null and void.
Passed January 23, 1798.
The 1st. 2d. and 3d. sections repealed by chap. xxvi. vol. 5. page 50.
And sec. 4 altered and supplied by sections 8 and 10 of chap. clii. in
4th vol. 427 and 429.
C H k P.
1798
OF DELAWARE. 15
CHAP. V.
An ACT for extending the powers of the Auditor qf
Public Accounts to the settlement qf the county,
road, and poor, taxes, ik.c. -within the State.
WHEREAS it appears to be requisite and
necessary, that the respective taxes authorised
to be raised by the Levy Court and Courts of Ap-peal
within this State, for county purposes, should be
further accounted for than as by the existing laws are
prescribed, as well for the better information of the
General Assembly and of their constituents, as for
the preventing or correcting of errors or mistakes that
may happen in the present mode of accounting.
.SECTION 1. Be it therefore enacted by the Se-nate
and House ofRepresentatives of the State of Del-aware
in General Assembly met, That the Clerks of the
Peace in the respective counties of this State, officiating
as Clerks of the Levy Courts and Courts of Appeal
within the same, shall, and they are hereby required,
annually to transcribe from the minutes of the said Levy
Courts and Courts of Appeal, an additional, fair, and
true duplicate of all the proceedings of the same Courts,
and within two months after the rising of the same Courts
of Appeal, carefully transmit and cause the same to be
delivered to the Auditor of Accounts for the time
being, to enable him to demand and take full and
complete accounts of the receipts and payments of all
the monies directed to be raised, by the said Courts
respectively, by way of tax, for the current year ;
and the said Auditor is hereby required to provide
good and sufficient books, at the expense of the State, t
where he shall make entries of the said duplicates ac-cordingly,
and also of the several accounts and set-tlements
herein after directed to be made by and be-lime
him.
SECT. 2. And be it enacted, That each County
Treasurer in the State shall, annually in the month
of February, lay before the said Auditor the true
C ii A P.
V. vJ
1798
Preamble.
Clerks of the
Peace to furnish
duplicates ofthe
proceedings of
the Levy Court
to the Auditor;
rho shall enter
he same, and
all accounts,&c.
County Trea-surers
shall an-nually
lay a state
oftheir accounts
before the Au-ditor;
1 6
C HA P.
1798
and treasurers
of the poor in
Me manner.
Chap. 148 a.
LAWS OF THE STATE
and just state of all the accounts relating to the pub-lic
in his bands, including therein the respective sums
of money by him received, with the names of the
persons from whom received, and the time and times
of such his receipts, and also his the said County Trea-surer's
payments thereout, specifying the names of the
persons to whom, on what account, and the time and
times when paid, exhibiting at the same time the
vouchers and receipts evidencing such payments ;
and the Treasurers of the Poor of the geveral coun-ties
in the State are hereby also directed and required
in like manner, annually in the same month of Fe-bruary,
to lay before the Auditor aforesaid a full,
true, and just state of all monies that shall or may
come to any of their hands as Treasurer of the Poor
of his county, either from the Collectors of the respec-tive
hundreds thereof, from the Health Officer of
the county for the head money of passengers and ser-vants
imported and landed therein, from fines and
forfeitures payable for the use of the poor there, or
from or by any other ways or means whatsoever, and
also of his the said Treasurer of the Poor's payments
thereout, as in the case of the County Treasurer -
herein before is prescribed : And to this end the
Auditor of Accounts is hereby authorised and required
to attend at the respective county towns of the State,
to wit, New-Castle, Dover, and George Town, in
the said month of *February annually after the pre-sent
year, then and there to receive, settle, and adjust
all such accounts as aforesaid, with the said respective
County Treasurers and Treasurers of the Poor ; to
every of whom the said Auditor is to transmit a previ-ous
notice of the day or days of his attendance at the
same county towns respectively for the purposes before
mentioned.
SE CT. 3.And whereas by an act of Assembly, pas-sed
March Thirty-one, One Thousand Seven Hundred
and Sixty-four, entitled, 4 supplementary act for the
amendment Van act of General Assembly (Phis govern-ment,
entitled, An act for the better regulation of roads
in New-Castle county, any two Justices of the Peace,
together with the Overseer or Overseers of the Poor,
Auditor shall at-tend
annually at
the County-
Towns, and ad-just
such ac-counts.
In October by
chap. xxxiv. 3d
Vol. 74.
In the Spring
Terms of the
Court of Com-mon
Pleas, 3d
ol. 139.
OF DELAWARt.
and since the actof Assembly passed the fourth. of
February one thousand seven hundred arid) ninety-two,.
sect. 13), 'with the constables of the- 'respective
hundreds of the said county, were authorised and:re-quired
to make -a rate, according to the rate of the
county assessments for the current year, of .such.
sum or sums of money, in each respective hundred,
sufficient to establish a fund, in the "hands of the
collector for the time being, to ,pay the overseer or
overseers of the public roads therein, their workmen
and labourers, as . soon as their service should be
performed, by orders to be 'drawn by any one justice
of the. Peace or the said county, on the collector of
the taxes for the hundred in which the said service
should be performed ; and that the Justices of the
Peace within the said county' of New-Castlei or any
two of them; 'Ishould annually examine and settle
the 'accounts of the.-. said collectors, so far as such ac-counts
'related to their proCeedings under this recited
toad, act; and that. the same Justices should then or-der
the then last, collectors to pay the balance in, their
hands to the collectors of the respective hundreds for
the ensuing year : Now to the end that the. Sum: or
sums or money, so to be raised under thisdast'imaited
act, may be also further accounted for,. and made
more publickly known, and errors or ,mistakes
prevented or corrected, .130 it enacted, That after the
passing of this act; it skill be the duty of, and incum-bent
upon, the two Justices of the 'Peace,making:the
rate for the respective hundreds in the county of
New-Castle, to forth a fund in the hands of t
lector for the making and supporting did publid roads
as before mentioned, annually to .certilyn the Jproceeth
ingsltherein, and carehilly transmit the saineto, the
auditor of public accounts, within one month, after
making the same rate ; and that it shall be the .'duty
of, and incumbent upon, the -Justice of the Peace
drawing orders, under the authority or the afbrerecited
road act, for paying time labourers and workmen on
the said public roads; in the respective hundreds o. the
said county of New-Castle, annually to_ certify, and
carefully to transiniti to the ..said, auditor of public
accounts, on or before the second day of the. spring
17
-1.1 A P.
V.
Lececj.
1798
Justices making
the rate for the
support of the
roads in New-
Castle county,
hall transmit
heirprocceding
o the Auditor.
who shall attend
and adjust the
5:1111e.
In what cases
he may appoint
other days for
attendance and
settlement.
County Treasu-rers,
not exemptecl
front accounting
o Ileretotore.
LAWS OF THE STATE
term bf the court of Common pleas for the said county,
a true , and correct list of each and every order so
drawn by him the said Justice, specifying' its date, the
sum drawn for, the name of the person to whom to be
paid, and the name of the collector required to pay the
same.
Sac T. 4. And be. it enacted, That , the collector of
taxes in each hundred. of the county of New-Castle,
is hereby directed and required, on or before the said
second day of the spring term of the court of Com-mon
pleas for the said county, annually to lay be-fore
the auditor of public accounts aforesaid, a full,
true, and just state of all monies that he may have re-ceived
of the road:tax or taxes for his hundred, or for
balances of such from preceding collectors, and also
his the said collector's payments thereout, specify-ing
the names of the persons to whom, and the time
and times when paid, exhibiting at the same time
the vouchers, orders, and receipts evidencing such
payments ; and for this purpose the auditor of ac-counts
is hereby authorised and required to attend
at the town of New-Castle annually, on the said se-cond
day of the spring term of the court of Common
pleas, to receive, examine, and settle those ac-counts
of the said respective hundred collectors.
SECT. 5. Provided
always'
and be it enacted, That
if it shall so happen, that the said auditor, or any
of the accountants herein before mentioned, shall be
disabled from giving their attendance at any of the
times herein before specially limited and prescribed, it
shall and may be lawful for the auditor to fix other
periods of time for such attendance, having regard
to the time prescribed lbr making his reports in the
premises for public utility : And provided also, That
nothing in this act shall exempt the respective county
treasurers in this State from accounting with a com-mittee
of the Levy court, as in the act fii raising
county rates and levies (1) is prescribed ; or the res-pective
treasurers of the poor, in each of the coun-ties
of the State, from making up and settling their ac-
,counts with the board of trustees of the poor of their
) Chap. 102. a.
1 8
C SlAP.
V.
l.estV
1798
Collectors of the
road-taxes in
each county shall
Jay their ac-counts
before
he Auditor,
OF DELAWARE. 19
respective counties ; or the respective collectors of C P.
hundreds in the County of New-Castle, from settling
their accounts"-for the 'road taxes there, with the Jus 1798.
tices of the Peace of,that county, ot any two!of them,
as in the before recited road act (2) for New-Castle
county is directed.
. .
SECT. 6. And be it, enacted; That the Auditor. Shall Auditor to as.
certain allow.
-,and inay .ascertain what alldwance is i to be made to ance;to the ac-e.
irery of the accountants aforesaid, for performing countants.
the duties required of therniunder this act, furnishing
each: aceountant with.a.cettificate of :suchallowance
to be retained by or paid to him, out of the fund of
monies for which his account had been required.
;
SECT. 7. And be it enacted, That the Auditor of 7:to IYhom, and.
publicaccounts shall annually report- his proceed- ih:vtta:1011/ s'
ings, in all of the matters herein prescribed to be shall report.
done by and before him, to the General Assembly
of the State, at an early period. of its' SeSsion next af-ter
the :accounting herein before directed; and also
shall furnish tile respective courts of appeal in each
county, with' a: full! statement of the 'respective aá-counts
as aforesaid to be settled and adjusted by him,
and this on the first day of the meeting. of the same
court, 'before-the appointment of the several collect-ors
of hundreds for the ensuing year, or of the coun-ty
treasurer on a vacancy, omitting in the statements
to be furnished to the courts of appeal Tor Kent and
Sussex counties, the accounts and proceedings to
-be taken and adjusted .under the herein before recited
road law for New-Castle county.
SECT. 8. And be it enacted, -That the Auditor of Hi, additiolita
public accounts shall be allowed the additional an. compensatiea.
nual sum of two hundred dollars for his services
under this act, payable half yearly as his other salary;
and for his travelling charges, when attending on the
duties of his dice out of the county in which he
may reside, five cents for every mile to and. from
the place of his residence. .
Passed January 23, 1798.
(.:;) Chap. 184. n.
20
C 11 A P.
W.
lo-s,eNJ
17913
Chap. 100. C.
LAWS OF THE STATE
CHAP. VI.
-
A Supplement to the act, entitled, An Act for the bet-ter
regulation of theroads in the county of Sussex.
E it enacted by the Senate and House SECTION I. of Representatives of the State of
Mat portion of Delaware in General. Assembly* met, That the corn- the road tax
shall be paid in missioners of the Levy-Court and Court of Appeals
money. .shall, at their annual meeting in February next, and
;in.every.year. after, ascertain and estimate a certain
proportion of the road -tax, laid and rated. for the
supporting and keeping up the roads, bridges, and
causeways; in each hundred in the said county; which
proportion of the said road tax shall not be discharged
in labour; but shall be paid to the collector in each
-hundred in money, to be paid to the overseers of
the roads for-the use of the said roads.
Overseers to be SECT. 2. And be it, enacted by the authority aforesaid, appointed on
the first Tues- That the Levy Court and Court of Appeals in the
day in Feb. said county, at a session to be holden on the first
annually. Tuesday of February in this-and every year, shall
nominate and: 'appoint in each of the hundreds of the
said county, one or more Overseer of the roads,
causeways,.and bridges therein, and shall specify the
road or roads, or the particular parts of-their respec-tive
hundreds, for which each and every overseer
shall be-appointed ; and a 'warrant, under the band
warrants to he
issued to them. of the Clerk of the Peace and ;the seal of his office,
specifying therein the road or roads, or, the particu,
lar parts of their respective - hundreds, for :which
each and every overseer shall be appointed, and also
the proportion of the road tax to be paid hi money
as aforesaid, shall be- made out, and delivered. to
every overseer as afbre4aid, by the Clerk of the Peace;
on or before the first Tuesday of March next, and
on or before the first Tuesday of March in every
year ; and in case the Levy Court and Court of Ap-peals
shall not make a quorum on the first Tuesday
or February in every year, at which time the over-limy
be made at seers of the public roads, causeways, and bridges, <Aut. ttmc..
in the said county, shall be annually nominatedand
appointed, the said Levy Court and Court of Ap.
OF DELAWARE. ,21
-peals are hereby required s to n-ieet as soon after as
pOssible, and make the said appointments.
E:c T. 3. And be itArtherenacted, That All persons
in the said county, who shall hereafter elect to dis-charge
in labour that proportion of the road tax which
May be commuted into labour on the roads of the said
county, . shall contribute the same in the huudreds
where they may :be Tespectively assessed, before the
fifteenth .day of June in this and every year, or be
able to pay the same, or such part thereof as at that
time is unsatisfied by labour, in money.
'SE c T. 4. And be it enacted, That the overseers of ;Ois',eernseoetti.csetto,
the roads, ,,causeways, and bridges in their several 11e times and
hundreds, shall give notice, by two or more adver- places' 6"c'
tisements, of the particular days .before the fifteenth
of June, on which, and the places where, they will
be prepared to superintend and receive the work of
all suclIpersons, residing Or asses3ed within their res-pective
'districts, as shall prefer discharging that pro-portion
of their road tax which, may be commuted in-to
labour, noting likewise in the: said advertisement,
that if anyperson shall work out, or cause to be work-ed
:out, more than the amount of their road tax, it
shall be their own loss ; Eand.the said overseers res- 11,...adiour how ra-pectively
shall estimate the labour so done, at the rate
of fifty cents for a good and sufficient days work as
an able, faithful, andindustrious man would perform]
and shall then give a certificate to each person, spe-cifying
therein the value of the work done or procured
to be done by him or her ; but in no case shall any
certificate specify a sum greater than the amount of
such person's proportion of the road tax which may
be commuted into labour ; and every certificate sos
It)geil granted, according to the amount thereof, shall be
good and valid in discharge of so much of such per-son's
proportion of the road tax as may be commuted
into labour, as if it Were a receipt for so much, sign-ed
by the collector of the said tax.
So much as
is between
crotchets re-'
pealed. 4 vol.
221. chap.
SECT. 5. beit.further enacted, That the collectors When thc col.
of the said tax shall respectively account, on or before 1=ts,hall
on A
VI. tryri
1r98
Within what
time labour on
the roads shall
be performed.
22 LAWS OF THE STATE
the first Monday in August in this and every year, for
one moiety of the said tax, which may .remain to be
1798 collected, after deducting from the whole amount of
their respective lists the amount of the tax which
shall have been satisfied in labour by the fifteenth of
June in this and every year ; and for the residue the
said collectors shall account on or before the third
Monday in October, in this and every year, when
they shall be allowed, in compensation for their trou-ble,
ten dollars on every hundred dollars which they
have actually collected.
SEC T. 6. And he it enacted, That the overseers of
Overseers to
keep the roads, the roads, causeways, and bridges in the several hun-bridges,
&c. in dreds in the said county, shall, as soon as conveni-repair.
ently may be, grub, clear, and open the roads to be
laid out by this act, and of the act to which this is a
supplement, and all other public roads and common
highways within the said county, and shall erect and
repair the bridges and causeways over all the afore.
said roads ; and if any such overseer or overseers
shall neglect or refuse, as soon as conveniently may
be, to grub, clear, and open the roads aforesaid, or
shall after permit orsuffer any part of the said roads;
or any bridges or causeways over the same, within
their respective hundreds, to be impeded by any nui-sance
whatsoever, or to remain impassable, incurn-bered,
obstructed, or unrepaired, for the space of fif-
Penalty for nc. teen days together, every such overseer or overseers,
idea. for every such neglect, being duly convicted thereof
in the court of General quarter sessions of the peace
and jail delivery, shall be fined in any sum not ex-ceeding
fifteen dollars, to be .paid to the collector of
said hundred, towards defraying the charge of re-pairing
the roads within the same.
SECT. 7. And he it enacted,That the commissioners
ItY m" 'de" of the Levy Court, in their respective hundreds, are in heir fi,volit.
hindt' lie drawn. hereby empowered and required to draw orders for
money from time to time, in favor of the several over-seers
in their said hundreds, upon the collectors of
their respective hundreds, or the county treasurer ;
of which orders they shall keep a fair and regular
CHAP.
VT.
Commissions.
OF DELAWARE. 23
account; to be entered in books to be 'provided and
kept for that purpose, distinguishing the date and
amount of each order, and in whose favour drawn ;
and the offices of Commissioner of the Levy , court and
court of Appeals, and overseer of the roads, shall
never be held, at the same time, by one and the same
person.
SECT. 8. Ad. be it licrther enacted, That every per-son
or persons who now cloth, or hereafter shall, occu-py
any house, mill, or land which now is or shall
be benefitted, improved, or -rendered valuable, by
reason of any ditch, drain, mill race, or mill pond,
or other water course, cut, leading, or lying upon, or
running through or across, any state road, or other
public road and common highway within the said
county, or by reason of any mill dam over, along,
or upon which any ,State road, other public road or
highway, now is or hereafter shall be laid, run,
pass, or lead, shall make, support, maintain, and re-pair
a sufficient way over such ditch, drain, mill race,
mill pond, or other water course, or mill dam, for the
safe and , convenient ;passage of men, horses, carts,
waggons,. and other carriages, under the penalty of
thirty dollars for each offence, to be recovered by
indictment ; and every mill dam, over which any pub-lic
road may pass as aforesaid, shall be at least twelve
feet wide on the top, and every bridge at least thir-teen
feet wide, with strong railing (on both sides if ne-cessary,)
at least three and an half feet high.
SECT. 5. Aid be it further enacted, That the Levy
court and court of Appeals of the said county, are
hereby empowered to allow such moderate and reason-able
compensation to those persons who have labour-ed,
or caused to be clone labour, on the said roads to
41 greater amount than their several proportions of the
road tax, and for whose satisfaction no provision as
yet bath been made, as the said Court shall think
proper to grant ; and one moiety of the amount there-of
shall be added to the road, tax of the. present year,
and the residue to the road tax of the next year, in
such manner that each hundred, in which the said ek-
1-1 A. P.
VI.
1798
Offices of coni-missioney
and o-verseer
incom-patible.
In what cases
owners of mills,
'8.m. shall sup-trieritt.
rarNaover
avcey
or
titer water-course.
Width of mill-dams
8: bridges.
Extra labour
performed on
the roads how
provided for.
24 LAWS OF THE STATE
C A P. vi. tra work was done, shall contribute the amount there-of,
and no more ; and the collectors of the said tax
1798 are hereby authorised and required to pay, out of the
monies in, their hands respectively arising from the
said tax, such orders as the Levy Court and Court
of Appeals may give, in writing, on account of the
same ; and the said orders, with proper discharges
thereon, shall be sufficient vouchers for so much on
settlement of their accounts with the county trea-surer.
Overseers shall
enter, and ren-der
to the Levy
Court, exact ac-counts
of their
transactions,&c.
SECT. 10. And be itfurther enacted, That each and
every of the overseers of the roads in the said county,
shall enter in a book a particular account, of his trans-actions,
relative to the said roads, bridges, and cause-ways,
both before and after the fifteenth day of June
in this and every year, the number of days in which
he and the workmen and labourers may be employed,
the number of workmen and labourers', and the
amount of all monies paid by him to any person or
persons; which said book, together with hi s receipts
and vouchers for all money paid and expended on the
said roads, shall be laid before the commissioners of
the Levy Court and Court of Appeals, at their meet-ing
in February in every year.
Shall not fur- SECT. 11. And be it enacted by the authority afore-nish
materials, said, That no overseer shall furnish any materials,
&.c. from their
own estates, &e. labourers, workmen, workhorses, or draught cattle;
from his own estate, servants, slaves, or stock, for
the repairing any of the said roads, bridges, or cause-ways
in the said county; and each and every overseer
shall be paid for their- services respectively, in -pro-portion
to the number of labourers and workmen su-perintended
or employed by them, at one time, as
their compen - follows : For -every day in which one workman or
labourer shall be employed, twenty cents ; and foe
every day in which two, and not more than four
workmen or labourers shall be superintended or em-ployed,
thirty cents ; and for every day in which five
or any greater number of workmen or labourers
shall be employed, one dollar, and no more.
OF DELAWARE, 25
SE C. 12. And be itfurther enacted, That before any
allowance shall be Made by the Levy Court and
court of appeals to any overseer or overseers, for
their trouble in superintending the making, repair-ing,
and keeping up' the - public roads, highways,
causeways, and bridges, the Commissioners of the Le-vy
court shall have viewed and examined all the said
roads, causeways, and bridges, in their respective
hundreds, and have reported, in writing, the
state thereof to the Levy court and court of ap-peals.
SECT. 13.. And be-it emicted, That it shall not be
lawful for the collectors of the road tax, before the
fifteenth of June in this and every year, to levy and
recover any other part of the said rbad tax, excepting
that proportion thereof which shall have been ascer-tained
and (Erected by' the Levy court and court of
appeals, to be paid in money, by virtue of the first
section of this act.
SE CT. 14. And be kilt' rther enacted, That the eighth, Repeal.
eleventh, twelfth, thirteenth, fifteenth, nineteenth,
and twenty-third sections of the act, entitled, 4n act Chap. 100. c.
for the better regulation of the roads in the county of
Sussex, and so much of the fourteenth and twenty-first
and other sections of the said act, as are hereby altered
or supplied, shall be, and are hereby repealed, made
null and void ; and all other parts of the said act shall
be and remain in full force and virtue.
Passed January 23, 1798.
CHAP. VII.
An ACT to vest certain lands, in. New-Castle county, 1798.
in Thomas Magens,.notwithstanding his being an alien
at the time of purchasing and taking the same.
Passed January 23, 1798.--- Private act.
I)
C H A P.
VI.
1798
Commissioners.
of the Levy
Court shall view
the roads, &c.
before compen-sation
be made
to the Over-seers.
Restriction up-on
the Collec-tors
in levying
the tax.