Laws of the State of Delaware - Volume 19 - Part 1 - Page 1 |
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| Title | Laws of the State of Delaware - Volume 19 - Part 1 |
| Date Original | 1891 |
| Description | Laws of the State of Delaware. Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, January 6, A. D. 1891. Volume XIX, Part I. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | James Kirk & Son, Printers |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | A tOit -1 LAWS OF DELAWARE. CONSTITUTIONAL AMENDMENTS. CHAPTER r. AN ACT proposing An Amendment to the Constitution of this State. Be it eneled by the Senate and House of Refiresentatives of the State of Delaware in General Assembly met (two-thirds oj each house deeming it necessary and concurring herein and by and with the afifirobation of the Governor): SECTION I. That the following amendment be and is Amendment hereby proposed to the first clause of the first seaion of the t&ttl,SeC10115t Fourth Article of the Constitution of this State, that is, by sAerTc1Tfor adding the following thereto immediately after the word the Constitu- " ballot." "But the Legislature may by law prescribe the means, means. init.cah.men Led methods and instruments of voting so as to best secure !.? secrecy and the independence of the voter, preserve the °Iv°ting' freedom and purity of ele6tions, and prevent fraud, corrup-tion and intimidation thereat." SEcTiorr 2. The Secretary of State, after the Governor secretary of shall have approved of the above proposed amendment and Rstrethtoo ppurbo: this a6t, shall duly publish the above proposed amendment and this aa in two or more newspapers of this State, forPAino stewdod the consideration of the people of this State,., at least three =`,.:17- and not more than six months before the next general this State. ele6tion for Senators and Representatives in this State. Passed at Dover, Afiril428, 1891. At any Gen-eral Election voters may vote for or against a Conven-tion. . CONSTITUTIONAL AMENDMENTS. CHAPTER 2. AN ACT proposing An Amendment to the Constitution of this State. SECTION I. Be it enat-led by the Senate and House of Representatives of the Slate of Delaware in General Assem-bly met (two-thirds of each House deeming it necessary and Amendment by and with the approbation of the Governor): That the to Article of the Con- following amendment be and the same is hereby proposed to stitution proposed. Article Nine of the Constitution of this State, that is to say, strike out all of said article which reads thus: 'No convention shall be called but by the authority of the people: and an unexceptionable mode of making their sense known, will be for them at a special eleEtion on the third' Tuesday of May in any year to vote by ballot for or against a convention as they shall severally choose to do; and if thereupon it shall appear that a majority of all the citizens in the State, having the* right to vote for representatives, have voted for a convention, the General AsSembly shall accordingly at their next session, call a convention, to consist of at least as many members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the same time that representa-tives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be eleEted. The majority of all the citizens in the State, having right to vote for representa-tives, shall be ascertained by reference to the highest num-ber of votes cast in the State at any one of the three general eleelions next preceding the day of voting for a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a convention; and whenever the General Assembly shall deem a convention necessary, they shall provide by law for the holding of a special eleEtion for the purpose of ascertaining the sense of a majority of the citizens of the State entitled to vote for representatives." And in lieu thereof insert the following, that is to say: " No convention shall be called but by the authority of the people: and the mode of making their sense known hall be, that at any general eleEtion held for representatives in the *So enrolled. 4 LAWS OF DELAWARE. LAWS OF DELAWARE. 5 CONSTITUTIONAL AM END ENTS. General Assembly, and which shall have been prescribed by the General Assembly at its regular session next preceding the said ele6tion as the proper occasion for ascertaining such sense, the citizens of this State entitled to vote for repre-sentatives at such eleEtion may vote by ballot for or against a convention as they shall severally choose to do, and in so voting the ballot shall be separate from those cast for any Ballots for person voted for at such ele6tion and shall be kept distinct Cro=0`,;' aenleda iaopna rtth ef rnoumm abnery ooft hveort ebs aflolor ta scoo cnavset n; taionnd sihf aallt abney esquucahl stahre'attslic ,n. cast to a majority of all the citizens in the State, having right to.: Y Pr vote for representativesas, ascertained by reference to the highest number of votes cast in the State at any one of the 'c'eri?tdltr three general elek-tions next preceding the day of voting for the majority a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a convention, the General Assembly shall, at its next session, call a convention, to consist of at least as many members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the same time that representatives are by the citizens entitled to vote for representatives, on due notice given for one month, and to meet within three months after they shall be &ea-led. The Legislature shall provide by law for receiving, tallying, and counting the said votes for and against a con-vention and for returning to the General Assembly at its next session the state of the said vote, and also for ascertain-ing and returning to the said General Assembly the number of ballots cast at said ele6lion on or by which representa-tives were voted for, so as to enable it to determine whether a majority of those who voted for representatives voted for a convention; and shall also by law ena6t all provisions necessary for giving full effeEt to this article." SECTION 2. And be ii further enaRed, That the Secre- of State be and be is hereby dire6led, after the Governor SaescTre7tahryttealr,y` ,',:: shall have approved of the above proposed amendment, dulj'IL5Iiiii.t to publish the said proposed amendment in print in the several newspapers published in this State, at least three and p;pes in not more than six months before the next general eleEtion of "Is state. representatives, for the consideration of the people. Passed al Dover, May 16, 1891. 6 LAWS OF DELAWARE, CONSTITUTIONAL CONVENTION. CHAPTER 3. AN ACT to provide for the holding of a Special Election for the purpose of ascertaining the sense of the people in respeet to calling a Consti-tutional Convention. WHEREAS there appears to be a general desire that the General Assembly, at its present session, shall provide by law for the holding of a special eleEtion for the purpose of ascertaining the sense of the majority of the citizens of the State entitled to vote for representatives in respect to the calling of a convention to change, alter and amend the Con-stitution, therefore, Be it enaRed by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That on the third Tuesday of May, in the year of our Lord one thousand eight hundred and ninety-one, a special eleaion shall be held for the purpose of ascertain-ing, by ballot, the sense of the people of this State in respea to calling a convention to change, alter and amend the Con-stitution of the State. At the said eleEtion the citizens of the State entitled to vote for representatives may have written or printed on their ballots the words " For a Convention " or " Against a Con-vention." Said ballots may be of any size and form, not exceeding the size now provided by law. t. 0 hold SECTION 2. That at said special eleetion, to be held as prescribed in Section i of this aa, the inspee-tors and judges chosen in the several hundreds throughout the State to hold the last general eleEtion shall hold said special ele6lion. Every vacancy in the said offices shall be filled in the sante manner as now prescribed by law. 1 tiit iif SEcrtoN 3. The Sheriff of each county shall, on or be-t) r Sheriff in.! other fore the twelfth day of May in the said year of holding said special eleEtion, deliver to the inspeClor of each hundred or eleCtion distriel of his county two suitable ballot boxes, with tape and sealing wax therefor, together with alphabetical lists of voters and of delinquents, and written or printed forms Et rionlilei Tillie of holdin4 Special Election LAWS OF DELAWARE. 7 CONSTITUTIONAL CONVENTION. of talry-lists, of certificates of eleEtion, of official oaths or affirmations of the eleEtion officers and the certificates and direetions relating thereto, and also a proper eleCtion stamp, all prepared (subjeal however to such alterations thereof as may be necessary to adapt them to the requirements of said special eleelion) as now prescribed by law for the general eleelion. The said alphabetical lists of voters and of de-linquents shall be delivered by the Clerk of the Peace of each county to the Sheriff of his county on or before the fifth day of May in the said year of holding said special eleEtion. The said special eleEtions shall be held at the same places, during the same hours, in the same manner, according to the same regulations and subjeet to the same penalties, so far as the same may be applicable to the purposes of this aEt, as now prescribed concerning the general election ; and the votes cast at said special election shall be counted, tallied and certified by the inspeelor, judges and clerks of each poll, and the state of the said eleEtion shall be ascertained and certified by the board of canvass of each county, on the Thursday next succeeding the day of holding the said special election, at the same times, in the same manner, at the same places and by the same persons as prescribed in Chapter Eighteen of the Revised Statutes and any amendments and supplements thereto for the counting, tallying and certify-ing the votes cast at, and for the ascertaining and certifying the state and result of the last general eleEtion throughout each county. The certificates, respeCtively, of said special eleEtion shall contain and show accurately the number, in words at length, of votes cast "For a Convention" and "Against a Convention." SECTION 4. That the returns of said special eleEtion, so ueli.r.,.,f certified by the board of canvass of each county as aforesaid, 4tihoee.k.-. and duplicates thereof, shall be delivered in the same man-ner, by the same persons, in the same way, and to the same officers as the returns of the eleEtion for Governor and dupli-cates thereof are required to be delivered by direetion of the Constitution of the State. SwrioN 5. That the General Assembly shall, at the next nutiei A session thereof after said special eleEtion, and on the second ,\u the Wednesday after its organization, meet in joint.session, in the ilisuccrretasinitisni; Hall of the House of Representatives, to be, present at the of the etc,.opening and publishing of the said returns of such eleetion, `1°"' and to ascertain therefrom the result of said eleetion through. 8 LAWS OF DELAWARE. CONSTITUTIONAL CONVENTION, out the State, by calculating the aggregate amount orall the votes that shall have been given respeEtively "For a Con-vention" and "Against a Convention" in all the counties of the State. Calling a SEcTioN 6. That if thereupon it shall appear that a ma- Convention. jority of all the citizens in the State having a right to vote for representatives have voted at said special eleelion "For a Convention" the General Assembly shall; accordingly, at its said next session after said eleEtion, make provision by appropriate legislation for the calling and eleEtion of a con-vention, to consist of at least as many members as there are in both houses of the legislature, to be chosen in the same manner, at the same places, and at the same time that repre-sentatives are by the citizens entitled to vote for representa-tives, on due notice given for one month, and to meet within Mode of as. three months after they shall be eleaed. The majority of all eticertanihn,ing the citizens in the State, having right to vote for representa-jonty. tives, shall be ascertained by reference to the highest num-ber of votes cast in the State at any one of the three general ele6lions next preceding the day of voting for a convention, except when they may be less than the whole number of votes voted both for and against a convention, in which case the said majority shall be ascertained by reference to the number of votes given on the clay of voting for or against a convention. Duty of SECTION 7. That it shall be the duty of the Sheriffs, or Sheriff and other 0.a..t . other officers to whom the ballot boxes used at said special eleEtion shall be delivered for the purposes of this a61, to keep the said boxes, and the ballots and the certificates and tally-lists of said eleEtion deposited therein, safely, until the meeting of the General Assembly at its said next session after the said eleEtion, and to hold the same subje6t to the order of the General Assembly during the said session. Passed at Dover, March 31, 1891. LAWS OF. DELAWA%E, 9 CONSTITUTIONAL CONVENTION. CHAPTER 4. AN ACT to provide Tickets for the Eledtors at the Election to be held May iS, rflor, to decide for or against a Constitutional Convention. 13e it enaRed by the Senate and House of R'efiresentatives of the Stale of Delaware in General Assembly met: SECTION I. That the Clerks of the Peace of the several Ticketstor counties be and they are hereby authorized and direEted to=r,. have printed on regular ballot paper, of a ptoper uniform Duty ot and convenient size, tickets for and against a Constitutional Ve!:,c'el).; the Convention, on or before the fourteenth day of May, A. D. idirsttungd 1891, and distribute them at the voting place of each hun- tickets. dred or eleEtion distria. SECTION 2. That the Clerks aforesaid are hereby author. Clerks to ized to draw a draft on the State Treasurer to pay all neces-sary expense for paper and printing the said tickets and for tickets. the State Treasurer is hereby authorized to pay the same. Passed at Dover, May 8, 1891. 0 I LAWS OF DELAWARE. TITLE FIRST. Of the Jurisdiaion and Property of the State; its Legis-lation and Laws. CHAPTER 5. OF SOVEREIGNTY AND JURISDICTION. AN ACT to amend Chapter 448, Volume 18 of the Laws of Delaware entitled "An Ad in relation to the Boundary Line between the State of Delaware and the Commonwealth of Pennsylvania" passed at Dover, April 25; 11389, Be it enaeled by the Senate and House of Representatives qf Me 4tate of Delaware in General Assembly met, as follows: Additional SEcTioN That the additional sum of two thousand l'itniZoo five h to be ex-undred dollars, or as much thereof as May be found to {tended un- be necessary, is hereby appropriated out of any money in the dmeurt ttohne doif- Treasury not otherwise appropriated, to be expended, for the tM heo mcosm. mis- purposes in the said a& mentioned, under the direEtion of the Commissioners appointed under the said aft to which this is an amendment and subjea to the provisions of Sec-tion 3 of said aft Passed at Dover, 4l27, 1891. ; CHAPTER 6. (Jr LIMITS. AN ACT dividing the Brandywine Hundred West Eledtion Distriet into two Eledion Distrids. Brandywine ,Be it ellaaed by the Senate and House of Refiresentatives hundred oj Me State of Delaware in General Assembly met: west eleetion distrid di-vided into SECTION 1. That for the purpose of holding eleEtions for two rfl ° " State and County officers in* Brandywine Hundred West So enrolled. LAWS OF DELAWARE. I I OF SOVEREIGNTY, JURISDICTION AND LIMITS. Eleetion Distri& shall be divided ifito two ele&ion districts, Northern and Southern. The Brandywine HAndred Northern Eleelion Distri& rn dr tahrei ersn shall be composed of that portion of said hundred hereto- eigion dis-fore embraced in Brandywine Hundred West Eleetion Dis-trict lying north and west of a line beginning on the Carr road at its interse&ion with Quarryville creek and running thence in a westerly dire&ion by the course. of said road to a point where said road interseEts the Shipley road; thence southerly by the course of said Shipley road to Dixon's corner, where said Shipley road is interseEted by the Weldin road; thence westerly by the course of said Weldin road until it interseels the Fottlk road; thence south-erly by the course of said Foulk road until it interse&s the Wilmington and Great Valley turnpike, commonly called "Concord pike;" thence southerly by the course of the said turnpike until it interseas "The Baltimore and Phila-delphia Railroad ;" thence westerly by the course of said railroad td Brandywine creek. The Brandywine Hundred Southern Election DistriEt shall olifosunutiersn be composed of all that portion of the said hundred hereto- eleA_o n dis-fore embraced in Brandywine Hundred West Ele&ion Dis- tri6* tri& lying south and east of said Northern EleCtion Distri& and south and west of Quarryville creek until it interseEts the Carr road aforesaid. SEcnori 2. The eleCtions for the said Southern EleCtion DistriEt shall be held at the store now occupied by Samuel tilthsoeur7hIelerlitit Moore, at a place now called "Maplewood" on the Phila- distria' delphia and Wilmington turnpike ; and the ele&ions for the Where held Northern Election DistriEt shall be held at Sharpley's School-house, as heretofore. =reiir SF:enrol,/ 3. At said places shall be held the general elec- To what tions, all special eleEtions for the members of the General ;Lair. Assembly and Representative in Congress, eleEtions for the EleEtors for President and Vice-President of the United States, and eleEtions for Road Commissioners and Assessors for said hundred and for Inspe&ors of said eleEtion distri&s. The ele&ors residing in said hundred shall vote in the elec-tion distri& in which they shall at the time reside. SECTION 4. All the laws of the State touching eleEtions Laws appli held in the several hundreds of the State shall apply to elec.. cable. tions for the same officers of the said eleEtion distriEts, ex- Exception:, 1 2 LAWS OF DELAWARE, OF SOVEREIGNTY, JURISDICTION AND LIMITS. Lawsapoic_cepting only so far as the general law for the eleelions of able to elec. don of asses- assessors and inspeEtors and road commissioners is quali-sor and in- fled by the provisions hereinafter contained. speetors. SECTION 5. -There shall be elealed, in accordance with the provisions of Chapter 17 of the Revised Statutes and the amendments thereto; one Assessor for Brandywine hundred and one Inspeelor for each of the said eleetion distriEts of Levy Court said hundred. The Levy Court of New Castle county shall, to appoint presiding in the month of March next previous to the next eleEtion, ap-officer ot the Itext CIC611011 point some qualified voter of the said Southern Ele6lion Dis-in southern tri6t to be the presiding officer of said next eleEtion, and the distriet. person thus appointed shall be the'presiding officer of Brandy-wine Hundred Southern EleEtion DistriEt for the said next elealion, and shall have all the powers and perform all the duties of the presiding officer of such eleEtion according to law. Judges of The presiding officer appointed as aforesaid shall choose from eledion. HOW among the qualified voters of said distri& two persons, of pointed for opposite -political faith, to aEt as judges at said eleCtion. At the deanleonx.t all ele6lions subsequent to the next eleEtion, the inspeEtors How chosen for sbiig. and judges shall be chosen for this distriEt under the same provisions of law as now prevail for the choosing of eleCtion officers of other eleelion distriEts. If at any eleCtion in said Presiding Brandywine Hundred Southern Elea-Hon DistriEt the presid-officer how chosel; in mg officer thereof shall not be present at the time and place case of a vacancy. of opening the eleetion, the eleEtors present shall choose a presiding officer for said eleCtion, according to the provisions Levy Court of Section to of Chapter 18 of the Revised Statutes. The to make pro-vision for Le\ y Court of New Castle county shall, at the time of the fir,r"M appointment of a presiding officer as hereinbefore provided, idni sstoruiath. ern make provision for the furnishing by the Clerk of the Peace of a list of the voters of said Southern EleCtion Distriet to the person appointed as presiding officer as aforesaid. What all- CCM shall hold next elecrtion in northern election Ms-trio. The next eleEtion in Brandywine Hundred Northern Elec-tion Distriel shall be held by the same officers who would, but for the passage of this ael, have held the eleEtion in Brandy-wine Hundred West Eleetion Distri61, and all said elections in said Northern Eleetion Distri6t shall be governed by and be in accordance with the laws touching eleEtions held in the several hundreds and eleetion distriCts of this State. SEcTioN 6. Immediately upon closing the eleEtion in the respeelive eleEtion distriCts in Brandywine hundred and ascertaining the state of the vote, the presiding officer and judges of the eleCtion in each of the distriEts of said ( LAWS OF DELAWARE. 13 OF SOVEREIGNTY, JURISDICTION AND LIMITS. hundred, shall make and sign a certificate according to law Form ace, mtifiLaetebyto j?.ebe of the eleaion of the various persons voted for, varying however from the form' prescribed for that purpose by ecleer6, i" °in" omitting the assessor, and in lien of including the eleEtion of assessor in such certificate shall make and sign a cer-tificate 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 for road commissioner. SECTION 7. The presiding officer and judges of 'all of Election orli-said eleEtion distrias shall assemble on the day next suc-=bioenii1; ceeding the eleaion, at twelve o'clock noon, at the voting sdacnee place in Brandywine Hundred Northern Ele at eng loEtion Distrial theieloeVnck aforesaid, and ascertain the aggregate number of votes at voctping given in each of said election distrias for each person voted F_.o arcthern for for road commissioner and for assessor. The candi- Vfdd.-;:-- date having the highest number of votes shall be declared re tgaitan a g - duly eleEted assessor, and the candidate or candidates, ac- numbIber ol as-corilingly as there may be one or more to be eleEted, having sessor and the highest number of votes for road commissioner or coin- Mdsi=. missioners shall be duly declared eleeted road commissioner or road commissioners, and the presiding officer and judges To make shall make, sign and deliver certificates of said eleaion ac-"""'"t". eording to law. If two candidates for said office shall have Presidine the highest and an equal number of votes, the presiding,%ffirctrern d:s-officer of said Brand ywine H undred Northern E:e6linn traeit otg ctasltinfg ' Distria shall give a casting vote which shall elea the ie sctaiis e o candidate in whose favor it is given. Passed at Dover, May 14, 189r. CH A PTER 7. OF LIM/ TS. AN ACT to divide Mill Creek Hundred into Three Election Distrins. Be it enacted by the Senate and House of Representatives of the .Stale of Delaware in General Assembly met: SECTION I. That for the purpose of holding all eleEtions NI III Cree k for Eleaors of President and Vice-President of the Representatives in Congress, State and CUnoiteudSntatteys, officers and for the eleaions for Road Commissioners, for tricts. Assessors of the said hundred and for Inspeaors of the elec- LAWS OF DELAWARE. OF SOVEREIGNTY, JURISDICTION AND LIMITS. tion distriCts, and all other eleCtions legally called, the Hundred of Mill Creek shall be divided into three eleEt ion - distriCts, viz: Western, Northern and Eastern. The Mill Limits of Creek Western Eleelion Distrift shall 'be composed of all :11*.r." dis. that portion of said hundred west of the following line, to tridt. wit: Beginning at the interseCtion of Pike creek with White Clay creek; thence with the several meanderings of the main - branch of the said Pike creek to its source and from thence directly north to the boundary line between the States of . Limits of Delaware and Pennsylvania. The Mill Creek Northern northern eleetion dis. Elea-bon DistriEt shall be composed of all that portion of tridt. said hundred east of said line and north of the following line, to wit: Beginning at the interseCtion of the said Pike creek with the public road at the mill now owned by Wil-liam M. Logan; thence with said public road until it strikes the Limestone road at Harmony schoolhouse; thence with said Limestone road to Mermaid; thence with the public road, passing by Red Clay Creek Church, until it strikes Red Limits of Clay creek at Barker's bridge. All that portion of said tei*TiZterig: hundred east of the first-mentioned line and south of the second-mentioned line shall be called Mill Creek Eastern Distriel. Elect ion. SEcTioN 2. The eleEtions for the said Mill Creek West- Where held in western ern EleEtion DistriEt shall be held at the distriel school distriet. house, Number 37, at Milford Cross-roads, the eleCtions for %Viler° held Mill Creek Northern Eleetion DistriCt shall be held at the in northern distriEt school house Number 29, Hockessin, and the elec-dWi, sheterirecrt .hn el d tviiolnlasg efo or fM Milla rCsrheaelklt oEna, sitne rnth eE lestEotnioen h oDuissetr i6nto wsh oalclc ubpei eadt thbye Proviso. David Ecoff, provided that if at any time it shall be imprac-ticable to hold the elealion at any of the places designated in this ael the inspeetor of such distriel shall have power to appoint some other place in said distri& as near as can be conveniently obtained to the place herein direCted, and he shall give public notice of the place so appointed, by adver-tisements posted in at least five of the most public places of the distri6t, if circumstances will admit of such notice being given, but if not, then he shall give such public and general notice as the circumstances will permit. Where elec. SECTION 3. All eleEtors of said hundred shall vote in the tors shall vote. eleetion distriel in which they at that time reside. One in-iliRt. diors. speCtor shall be eleated by the eleCtors of each distriCt who How eketed. shall preside over the eleEtion in the distriEt in which he "A LAWS OF DELAWARE. 5 OF SOVEREIGNTY, JURISDICTION AND LIMITS. resides. In case of death, removal or failure of an inspec- 'riacanrcly. tor to be present at the place of eleCtion in due time his ow ed. place shall be filled in manner as direEted by existing law as if the hundred had not been divided. In all eleCtions for as- Assessors and road sessors and road commissioners for the hundred the names of the candidates for the respeCtive offices shall be placed on eer:aetil." the tickets in all the distriCts and shall be voted for by all the elee-tors voting, a plurality of votes in the whole hundred eleEting. SECTION 4. That the inspeEtor eleCted at the last general Isseecrart eleEtion next preceding the passage of this aCt shall hold last and preside with all the usual authority at the next eleEtion where he :111 pre-or elealions to be held in the distriet in which he resides at. the time of the passage of this ael, and the Levy Court of Levy Court New Castle county shall at any time before The next eleEtion pree siding appoint appoint some duly qualified .voter of each of the other dis- `.=.71o.r trials to hold and preside with all the usual authority at the trias. next eleCtion or eleCtions to be held in said distriEt until,. their successors are duly eleEted by the provisions herein provided by Section 3. SECTION 5. That the said presiding officers or inspectors Presiding officers to and and judges of all the elealion districts shall assemble on the day succeeding the eleEtion or eleEtions at 12 o'clock M., or 0nrretiaria -'0' :' between the hours of 12 M. and 2 o'clock P. M., at the voting tar assessor place of Mill Creek Eastern EleEtion Distriel, and shall as- commiascs ion. certain the aggregate number of votes in all the eleation dis- era. trias for each person voted for for assessor and for road com-missioner; and shall make and deliver certificates according case., to law. If two candidates for said offices shall have received ticwho the same num ber of votes, which is the highest number of ...e acidicnagse votes cast for said office, the presiding officer of the distriel"te. in which they are met shall cast the deciding vote to deter-mine which of the candidates receiving the same number of votes shall be eleCted. SlicTioN 6. That the Levy Court of New Castle county Levy Court shall, at the time of the appointing the presiding officers of foram fur. the two distriEts not otherwise provided for, make provision iiIsstof 0oter5a, for the furnishing them with a list of the voters of the 8" said hundred and all necessary means to hold the eleEtion or eleetions in legal form and manner. SECTION 7. All the laws of this State touching eleCtions 6 LAWS OF DELAWARE, OF SOVEREIGNTY, JURISDICTION AND LIMITS. held in the several hundreds of the State shall apply to eleCtions for the same officers in the said eleEtion distriEts, excepting only so far as the general law for the eleaion of assessors and inspeEtors and road commissioners is qualified by the provisions hereinbefore contained. Passed al Dover, Hay 15, 1891. CHAPTER 8. OE LIMITS. AN ACT to divide New Castle Hundred into Two Election Districts. Be it enaRed by the .Yenale and House of Represenlalives qi Stale ol Delaware in General Assembly ma/: New Caxtle SECTION 1. That for the purpose of holding all eleelions handred di- % ,ded into for EleEtors of President and Vice-President of the United t"g.'" States, Representatives in Congress, State and County officers, and for the eleation for Assessors and Road Commissioners for the said hundred, for inspeetors of the eleetion distriels and all other elealions legally called, the Hundred of New Castle shall be divided into two election distriels by the following lines, viz : Beginning at the Delaware river in the centre line of Delaware street in the City of New Castle, thence by the centre line of Delaware street until it interseEts the centre line of the New Castle and Frenchtown road or turnpike, thence by the centre line of said road or turnpike until it in-terseals the centre line of the road leading from Hare's corner to the village of Christiana, thence by the centre line of said road to the boundary line of the hundred at the Christiana N',,,hcru creek. All that part of said hundred lying northerly of idertion .ctlimits said dividing line shall be called the Northern EleCtion 1--,r,.11"ndgi" °1 Distriet of New Castle hundred, and the eleEtions in said dis-triet shall be held in the old Court House as heretofore. All that part lying southerly of the said dividing line shall be uthem called the Southern EleEtion DistriEt of New Castle hundred tr.ctuffias. and the eleetion in said distriel shall be held in the building What laws applicable. Exception. LAWS OF DELAWARE, 1 7 OF SOVEREIGNTY,. JURISDICTION AND LIMITS. known a's Red Men's Hall, situate at the corner of South PIace of and Union streets in the city of New Castle. ehreleldiinogn. SECTION 2. That all ele&ors of said hundred shall vote where elec-in the elealion distriei in which they at the time reside, tars shall e. One inspeEtor shall be eleEted by the eleelors of each distriEt inspcdors, who shall preside over the eleEtion in the distriEt in which 1112.1. he is ele6ted. The inspeEtor elealed for New Castle hundred The inspec-at the last general eleetion shall preside over the eleEtions held tpot r-seilg t o in in the Northern District until his term shall have expired, tIcrtthaetrnndexisj and the member of the Levy Court fromm New Castle hun- F;ificetiLn. dred shall appoint an inspector to preside over the elections Court Cvoym-held ill the Southern DistriEt as is provided in the case of a tsr)(Mrtloaf vacancy happening in the office of inspeEtor, and such inspec-,,h oudnirdnreetdd into tor shah preside over all eleEtions in the Southern DistriEt Spector for ern until his successor shall have been eleeted at the next gen- il?ict for nest eral eleEtion. election. SECTION 3. That the said presiding officers and judges of 1,idi, both the said eleEtion distriEts shall assemble on the day next ojtge::: taond succeeding said eleEtion, at twelve o'clock M., or between the meet and ii hours of twelve o'clock M. and two o'clock P. M., at the place given for of voting in the Northern Eleetion Distria, and ascertain =.1 the aggregate number of votes given in both the said dis- inksioner:. tries for each person voted for for road commissioner or commissioners and for assessor. The candidate having the highest number of votes for assessor shall be declared duly eleEted assessor and the candidate or candidates, according as they may be one or more to be elealed, having the highest number of votes for road commissioner or commissioners shall be declared duly eleEted road commissioner or com-missioners, and the presiding officers and judges shall make, T. n.kc sign and deliver certificates of said eleEtion according to law. :`";!;`,1V.ive,r If two candidates for any of said offices shall have the highest and an equal 'number of votes the presiding officer in Presiding the Northern Eleetion DistriEt shall give a casting vote igreri,':. which shall eleel the candidate in whose person* it is given. trio to give casting vote when tied. SECTION 4. That the Levy Court of New Castle county shall make provision for furnishing the inspeaor of each* with a list of the voters of his distrial, and all necessary means to hold the eleEtion or eleEtions in legal form and manner. SF.CTION 5. That all the laws of the State touching elec-cnr lint 3 18 LAWS OF DELAWARE, OF SOVEREIGNTY, JURISDICTION AND LIMITS. tions held in the several hundreds of the State shall 'apply to &ea-lions for the same officers of the said eleEtion distri6ts excepting only so far as the general law for the eleEtion of the assessor and inspeaor and road commissioners is quali-fied by the provisions herein contained. SECTION 6. That this aEt shall go into effe6t from and after the first day of July, A. D. 1891. Passed at Dover, May 15, 1891. CHAPTER 9. oF AN ACT to amend an ad entitled "An adt to Divide East Dover Hun-dred into Two EleCtion Distriets" passed at Dover, April to, 1885, Re it enat7ed by lhe Senate and House of Representatives of the Stak of Delaware in General Assembly met: !dims di, 41- SECTION I. Strike out all of Se6tion i of the aal entitled tg,vEcraittun- ' A n at to divide East Dover hundred into two eleEtion dis-td rveod e ilnetcoti on t--r i- cts , after the figure in the first line of said seEtion and d'istric" insert the following, to wit : That for the purpose of holding changed. ele6lions for State and County officers in East Dover Hun-dred the said hundred shall be divided into two eleEtion dis-tri6ts by the following lines, viz: Beginning at a point in the public road leading from Dover to Hazlettville where the dividing line between East Dover hundred and West Dover hundred interseCts said public road at or near John Slaughter's gate, thence running with said public road to the limits of tne town of Dover and continue with North street of the town of Dover to State street in said town of Dover, thence running in a northerly direction with State street in the town of Dover to the millpond formerly known as Shakespeare's millpond, thence up the westerly side of said pond and up Fork Branch to the Delaware Railroad, thence in a northerly direEtion up said railroad to the dividing line between Little LAWS OF DELAWARE. 19 OF SOVEREIGNTY, JURISDICTION AND LIMITS. Creek hundred and East Dover hundred. All that part of said hundred east of said dividing line which runs from the Limits of corner of State street and North street to the dividing etkccttiloi.) .ddividing line of East Dover hundred and Little Creek hundred, analEnanslitirDrer all that part of said East Dover hundred which lies south of said North street in the town of Dover and south of said public road from Dover to Hazlettville shall be called Elec-tion Distria No. East Dover Hundred, and all that part of East Dover hundred which lies west of said line which runs Limits of election dis-from the corner of North street to the line dividing East trict No. 2, DO-Ver hundred and Little Creek hundred and all that part of tans, td rIZ.ver said East Dover hundred which lies north of said North street and north of said public road from Dover to Hazlett-ville shall be called Elea-lion Distria No. 2 East Dover hun-dred. The eleaion for -Distria No. i shall be held at the Election. State House in the town of Dover, and the eleaion for Dis- `'117srterlicetld trie-t No. 2 shall be held in the town of Dover at the brick in held schoolhouse on Governor's avenue, unless otherwise ordered in district NO. 2. by the Levy Court of Kent county. SECTION 2. This aa shall not apply to the eleaion to te held on the nineteenth day of May, A. D. 1891, in relation to the calling of a Constitutional Convention. Passed at Dover, May 15, 1891. CHAPTER ro. OF LIMITS. AN ACT providing for Two ColleCtors for South Murderkill Hundred. Be it enaRed by the Senate and House of Reibresentalives of the ql Delaware in General Assembly me!: SEcTioN r. That South Murderkill hundred shall be ,serldlj divided, for the purpose of a more convenient colleaion of twO colleCi-t° taxes, into two colleaion distrias, having for their bound- :1,?cntsd.''' aries the same lines and being of the same dimensions as the Dimensions. 20 LAWS OF DELAWARE. OF PUBLIC LANDS. eleEtion distriEts of said hundred, designated as No. i and No. 2 in Se&ion I, Chapter 450, Vol. t8LaWs of Delawarep SECTION 2, That one colleEtor shall be appointed by the Levy Court for each of the coneEtion distriEts aforesaid according to the provisions of Section 19, Chapter 8, Revised Statutes of this State, and all other laws applicable to the colleEtors of the several hundreds appointed under the pro-visions of the said seEtion shall be applicable to the colleEtors of the colleelion distriEts hereby established. Section 6, SECTION 3. That SeEtion 6, Chapter 450, Vol. i8 Laws . k.,.!1,11pitLr of Delaware, and all other laws inconsistent with this aft be pealed. and the same are hereby repealed. Passed at Dover, February 19, I891. CHAPTER II. OF PUBLIC LANDS. AN ACT to enable Charles T. Purnell and Peter R. Lynch to locate certain Vacant Lands consisting Of an island of marsh lands, some-times called Lower Bush Island and situated in Rehoboth Bay and in Lewes and Rehoboth Hundred and Sussex County. Be enafied by the Senate and House of Representatives of the .S'Iate of Delaware in General Assembly met: To locate SECTION 1. That some skillful surveyor be and he is curtainl,,m her.e by in Rel1 eteby authorized and empowered to go upon, survey and Hay. locate certain lands, consisting of an island of marsh lands, sometimes called Lower Bush Island, and situated in Reho-both bay and in Lewes and Rehoboth hundred and Sussex Sursey county, and to make out a plot of same setting forth the plot to be and courses and distances thereof, and the number of acres therein reWMturned , to contained, and to return said plot into the office of the re- of Re torder's of corder of deeds in and for Sussex county aforesaid. Pro- Deeds, vided, nevertheless, that it shall be the duty of the said Collectors appointed by Levy Court. LAWS OF DELAWARE. 21 OF PUBLIC LANDS. Charles T. Purnell and Peter R. Lynch, and they are hereby Charles T. required, as soon as praaicable, after the return of the said Mina. lid plot into the office of the Recorder of Deeds as aforesaid, to ITcrlott?ce give notice in one or more newspapers printed. in this State g e for the space of one month that the aforesaid lands have been surveyed and a plot thereof made out and delivered into the said office for the information of all persons concerned. SECTION 2. If any person or persons shall claim the whole or any pait thereof included within the said plot or survey, it shall and may be lawful for the person or persons When ca. SO claiming said land or any part thereof to enter a caveat before the said Recorder of Deeds in and for Sussex county aforesaid, at any time within three months after the return of said plot, and thereupon all matters at varience between the parties shall be heard and determined by the Superior Court in and for Sussex county aforesaid, in a summary way and according to the very right of the matter, at the next or any subsequent term of the said court. SEcTioN 3. If the said Charles T. Purnell and Peter R. Lynch shall pay or caused to be paid to the State Treasurer Fifty cents within one year from the return of said plot into said Re- )1s;riedas. Corder's office on the final determination of the said Superioraucrerer fcoorne a c h Court, as aforesaid, at the rate of fifty cents for each and tained every acre of land contained in said survey or found to be s""". vacant at the time of the passage of this aa by the deter-mination of the said Superior Court upon the hearing of a caveat, if any caveat shall be entered as aforesaid, and shall produce a certificate of the said State Treasurer of such pay-ment to the Secretary of State of this State, it shall be the duty of the said Secretary of State, and he is hereby direEted t=ry of to make out or cause to be made out in favor of the said make out a ria%toern iftt Charles T. Purnell and Peter R. Lynch a patent for the land contained in said survey, or, if a caveat shall be entered as Vuanidelld aforesaid, for such part of said land included in said survey r;t:cri,R. or plot as shall have been determined by the said Superior Court to have been vacant, as aforesaid, in the same manner and form as is and has been usual in such cases, which patent shall be entered on record in the office for the record-Patent to be nu; of deeds in and for Sussex county aforesaid. recorded. SECTION 4. The said patent shall convey and transfer What coo-t() the said Charles T. Purnell and Peter R. Lynch, their,',7,),:,`,Ii.by heirs and assigns, all the right, title, claim and interest of OF PUBLIC LANDS. the State of Delaware of, in and to the said lands embraced within the said patent. Passed at Dover, March 26, 1891. CHAPTER 12. OF PUBLIC LANDS. AN ACT granting to William A. Atkinson the title of this State to a cer-tain tradt of Salt Marsh herein mentioned. SECTION I. Be it enaaed by- the Senate and House of Representatives of the Stale of Delaware in General As- Wm. A. sembly met, That William A. Atkinson be and he is Atkinson authorized hereby authorized to employ some skillful surveyor to go cto locate.n upon, survey and locate a certain piece or parcel of vacant 07%"1""e salt marsh in Little Creek hundred, Kent county and State marsh. of Delaware, supposed to contain about fifteen acres, but be the same more or less, adjoining a till& or parcel- of salt marsh now held and owned by Joseph P. Comegeys, lying on the north side of the Mahon Landing road, and to make a Plot. map or plot of the same, setting forth the courses and dis-tances thereof, and the number of acres therein contained, Return, and return the said plot into the Recorder's office of Kent county aforesaid, and it shall be the duty of the said William A. Atkinson, within one month after the return of said plot Notice of into the Recorder's office aforesaid, to give notice of the same survey, &c. in one or more of the newspapers published in this State, for the period of one month, that the aforesaid salt marsh has been surveyed, that a plot thereof has been returned into the office aforesaid for the information of all persons concerned. SEcTioN 2.- And be it fitrlher enafied as aforesaid, That Who may it shall or may be lawful for any person or persons claiming enter caveat. aIn y part- of the salt marsh so as aforesaid surveyed to enter a caveat before the said Recorder of Deeds, at any time within three months after the return of said plot and notice given as aforesaid, and thereupon all matters in controversy shall 22 LAWS OF DELAWARE. LAWS OF DELAWARE. 23 OF PUBLIC LANDS. be heard and determined by the Superior Court of Kent Ownerships county aforesaid, in a summary way, and according to the eter. right of the matter, at the next or any subsequent term thereof. SECTION 3. And be it fitriber enatIed as aforesaid, That if the said William A. Atkinson, his heirs or assigns, shall pay or caused to be paid at the rate of 50 cents per acre Rate of for each and every acre of salt marsh contained in said stir-payment. vey to the State Treasurer, within one year from the date of the return of said survey or plot, or the determination of said Superior Court as -aforesaid, and shall produce a certifi-cate of the said State Treasurer of such payment to the Sec-retary of State, it -shall be the duty of said Secretary -of State, and he is hereby direaed to make out, or cause to be made out, in favor of the said William A. Atkinson, his heirs and To whom assigns, a patent for the lands and salt marsh contained in rel'ies",,VcrY said survey and plot, or for such part thereof as shall have finally been determined to be vacant by said Superior Court upon having* any objections to the confirmation of the title thereto, if any objections shall be filed, which patent shall convey and transfer to the said 'William A. Atkinson, his heirs and assigns, all the right, title, property, claim and de-mand of this State of, in and to the said traEt, piece and Dar-ed of salt marsh and every part and parcel thereof, which said patent shall be entered of record in the Recorder's office re-wherecorded. of Kent county aforesaid. Passed al Dove.r, Aj5ril 9, 189r. *So enrolled. 24 LAWS OF DELAWARE. OF knue LANDS. CHAPTER 13. OF PUBLIC LANDS. AN ACT to enable Hetty L. Sommers to survey and locate certain Vacant Lands in Baltimore Hundred, Sussex County, and complete title thereto. Be 11 enafied by the Sentzle and House of Refiresenlalives of The Stale of Delaware in General Assembly met: SECTION I. That Hefty L. Sommers be and she is lie"). L. hereby authorized to employ some skillful surveyor to go Sommers authorized upon, survey and locate certain vacant lands in Baltimore to employ surveyor to hundred, Sussex county, situated in front of the residence of the said Hettie L. -Sommers and bounded by lands of lands: William S. H. Williams and heirs of Joseph E. Hall, deceased, and others, and a body of water known as the . Fresh Pond, or so much thereof as the said Hettie L. Som-mers may see proper, setting forth the courses and distances thereof, with the number of acres therein contained, and make and return a plot thereof to the Recorder of Deeds of Plot to he Sussex county, who shall record the same within sixty days made and rrnedd to after the return of said plot to the office aforesaid. The said Deeds. Hettie L. Sommers shall give notice, for the period of one rSeacmoedr etdo .b e month, in one or more newspapers published in Sussex Hetty L. county, that the above described lands thus surveyed and the Sommers to vennti,e, plot thereof returned into the office aforesaid for the informa-tion of all persons concerned.* SEcnos 2. That if any person shall claim the whole or any part of the land included in said survey or plot it shall be lawful for any such claimant to enter caveat before the said Recorder at any time within three months after the Caveat may return of said plot and notice given as aforesaid, and there-be entered, upon all matters at variance respee-ting the claim so made shall be heard and determined in a summary manner by the Superior Court in and for Sussex county, and according to the very right Of the matter, at the next or any subsequent term thereof. SEcTioN 3. That if the said Hettie L. Sommers, her heirs or assigns, shall pay or cause to be paid to the State Treasurer, at or before the expiration of one year front the return of said plot or the determination of said court if S, or .Ile,t _ LAWS OF DELAWARE. 25 OF PUBLIC LANDS. caveat should be entered, at the rate of fifty cents for each Fel (pa, ccreentt and every acre of land included in said survey and re- is;et paid to reas-turn, and shall produce to the said* Secretary of State a certificate of such payment, it shall be the duty of said Secretary, and he is hereby direeled to make out and de- Secretary to liver to the said Hetty L. Sommers, her heirs and assigns, lpstcleitout a patent for the land included in such survey and return, "'he". or for such part thereof as may have been deterniined by said court to have been vacant at the time of the passage of this Eta, which patent shall be entered of record in the riae,crdtetdo office for recording of deeds in and for Sussex county, and shall convey and transfer to the said Hettie L. Sommers, her heirs and assigns, all the right, title, interest and claim of the State of Delaware, into and out of the lands therein mentioned. Passed at Dover, Abril 14, 1891. CHAPTER 14. OF PUBLIC LANDS. AN ACT to enable George W. Jones to take up certain Vacant Lands in Gumboro Hundred, Sussex County, Delaware. Whereas George W. Jones, of Gumboro hundred, Sussex George NV. county, Delaware, has in conneEtion with his farm a certain iate'up'°,.... piece of land, adjoining lands of Ezekiel Timmons, the uitititilionrcols in quantity of which is unknown, of which [he] and those under Werxed, whom he claims have had continued, uninterrupted and county. peaceable possession for a period exceeding twenty years, and which is fast and arable land, which possession, accord-ing- to the statute in such case made and provided, precludes the State from setting up any claim or title to the said land; And whereas in order to have record evidence of title to the said land the said George W. Jones wishes to have his said title confirmed by legislative enaRment; now therefore So enrolled. 26 LAWS OF DELAWARE. OF THE PASSING AND PUBLICATION OF THE LAWS. Be it enaRed by the Senate and House of Representatives of the State of Delaware in General Assembly Mel: states in- SEcTroN 1. That the title, interest, estate, claim and de-tcrcst in said lands mand of the State of Delaware of, in and to the aforesaid land tteod ,c.,nid described in the preamble of this aEl be and the same is hereby JGoenoersg.e W. granted, conveyed and confirmed unto the said George W. Jones, his heirs and assigns, to have and to hold the said lands and premises to and for the only proper use, benefit and behoof of him, the said George W. Jones, his heirs and assigns forever. Passed at Dover, May 6, 1891. CHAPTER 15. or THE l'ASSING ANL) PUBLICATION Or THE LAWS. AN ACT to Revive Private Ads and extend the time of Recording the same. Be it enaRect by the Senate and House of Representatives of the Slate of Delaware in General Assembly met (Iwo-thirds of each branch concurring therein): Unpublished SEcTioN t. That all unpublished aas heretofore passed Ictisr7,1.1".ed which have not by special aas been repealed or become void enaelcd. by lapse of the time for which they were limited, be and the same are hereby severally renewed and re-enaaed and to-gether with the provisions therein contained are respeEtively - declared to be in full force henceforth for a like period as that provided for in the original aEt, and all aels and trans-a6tions done and to be done and performed, under the pro-visions of said aels respealively, shall have the same force and effeEt and be as valid to all intents and purposes as if the said aEts had been severally renewed and reenaCted and re- Certified corded according to law. Provided, that this enaelment eciall 'Pr Ili shall not take en& in the case of any ael until a certified Sr Stactree wadfreyru r copy thereof, procured of the Secretary of State, after notice tnoo tbicee r ef-i led duly filed in his office of intention to take advantage of the Corded . provisions of this al, shall be duly recorded in the Recorder's LAWS OF DELAWARE. 27 OF THE PASSING AND PUBLICATION OF THE LAWS. office of one of the counties of this State, and provided that no such copy shall be received for record after the expiration of one year from the passage of this aft SECTION 2. This aa shall be deemed and taken to be a Public act. public at and be published as such. Passed at Dover, February 5, 1891. CHAPTER 16. OF THE PASSING AND PUBLICATION OF THE LAWS. AN ACT entitled an at to Extend the Time for Recording Private Statutes. Whereas, certain private aas of incorporation and aas Pfriivate acts to amend or renew private aas of incorporation, and other :),tionn. aas of a private nature heretofore passed by the General As- carded' sembly of this State, have not heel' recorded in the Recorder's office in one of the counties of this State within twelve months after the passage of the same, as provided in Section 3, of Chapter 4, of Revised Code Laws of Delaware; therefore lie it enaRed by the Senate and House of Representatives of the Stale of Delaware] in General Assembly met: SlicrioN i. That all private aas of incorporation, and Time for rc-aas to amend or renew private as of incorporation, cvoartedinngsporii and other aas of a private nature, heretofore passed by the ld'ocnw-j.r. General Assembly of this State, may be recorded in the Re- = corder's office in one of the counties of this State within months. twelve months after the passage of this aet, and that none of said private as of incoporation or aas to amend or renew private aas of incorporation or other aas of a private nature, by reason of not being recorded prior to the time herein allowed for the recording of the same, shall be deemed or taken to be void, and that the records thereof, or any office copy of such records, shall be evidence. Passed at Dover, April 28, 1891. 28 LAWS OF DELAWARE. TITLE SECOND. Of the Public Revenue; and the Assessment, Collection and Appropriation of Taxes. CHAPTER 17. OE THE REVENUE OF TIM STATE. AN ACT to Legalize the Issue of Certain State Bonds. Whereas by an ael of the General Assembly of the State of Delaware, entitled " An ael to carry into effeEt the pro-visions of an aEt creating a State Board of Trustees for the care of the Insane" passed at Dover, April 26, 1889, a cer-tain loan of the State of Delaware of seventy-five thonsand dollars was authorized to be issued, and under the terms and provisions of said a61 the said loan was issued; And whereas after the enaelment of the said law it was ascertained that the said law originated in the Senate of the State of Delaware, instead of having originated as it was deemed it properly should have done in the House of Rep-resentatives of the State of Delaware, and thereupon grave doubts have arisen as to the legality of the said loan; And whereas it is the desire of this General Assembly to set at rest all question affeEting the legality of any loan for which the credit of the State is pledged ; now therefore lie if encircled by the Senale and House of Representatives of The Slaie Delaware in General Assembly mei: lSiftearte a'Untrheuar, SI:CTION I. That the State Treasurer be and he is herefiv i/ed to is- authorized to issue bonds of the State of Delaware to the bonds of amount of seventy-five thousand dollars, eadh bond to be of tile value of cdch. the value of one thousand dollars, with coupons or interest Loan or thori zed to be issued Law origi timed in Senate. Form ot LAWS OF DELAWARE. 29 OF THE REVENUE OF THE STATE. warrants thereto attached for each half year's interest thereon. The said Fonds shall be numbered from r to 75 Bonds num-inclusive, shall be dated July first, 1891, and shall bear inter- bere l r to 75 ia,teig9,, est from and after that date at a rate not exceeding four per centum per annum, payable semi-annually on the firstle:Ti7ignot %:r per days of July and January in each and every year while t they remain unpaid, payable at the Farmers' Bank in the city of Wilmington on presentation of the coupon represent-ing such semi-annual installments of interest. The principal Principal of of said bonds shall be payable at the Farmers' Bank of the ti'onIsulPyia.n - State of Delaware at Wilmington, on the first day of July, '9°'' A. D. 1901, on presentation and surrender of said bonds, but the same or any, part thereof may be redeemed at the option May be re-adeneynArsedotnd of this State on any first day of July or January in or aftera the year A. D. 1893, upon thirty days notice published in of July ae7 oirt, one newspaper published in the city of Philadelphia and o;. f;. one newspaper published in the State of Delaware, indica- ;..89,;:qf no-ting by their numbers the bonds thereby called and ele6ted"". to be redeemed. The said bonds shall each be signed by the Governor, Secretary of State and State Treasurer on behalf 'IC!onndst g, Secretary of of this State, and shall have the Great Seal impressed thereonState or affixed thereto. The signature of the State Treasurer :ie'ftecilstver, shall be engraved or printed on each coupon and the coupons Great Seeal. attached to each bond shall be numbered consecutively from to 19 respe6tively. SECTION 2. The said bonds authorized to be issued by this ael shall be in the following form to wit "UNITED STATES OF AMERICA, STATE OF DELAWARE. No. LOAN OF-. 4 These presents certify and make known that the State of Delaware is held and firmly bound unto the bearer in the stun of one thousand dollars lawful money of the United States of America, which the said State promises and binds itself to pay to the bearer at the Farmers Bank in the city of Wilmington on the first day of July, A. D. 1901, with interest at a rate not exceeding four per centum per annum, likewise payable at the Farmers' Bunk in the city of 'Wil-mington on the first days of July and January in each and every year whilst the same principal sum remains unpaid on the presentation of the coupons thereto annexed repre-senting such semi-annual installments of interest. 30 LAWS OF DELAWARE, OF THE REVENUE OF THE STATE. Dated at Dover the first day of July, A. D. 1891. Witness the Great Seal of the State of Delaware, and the hands of the Governor, Secretary of State, and State Treas-urer in the day and year aforesaid. Governor, Secretary of State. State Treasurer." And the coupon shall be in the following form to wit Form of NO. - coupons. The State of Delaware will pay to the bearer at the Farmers' Bank of the State of Delaware, at Wilmington, on the first day of A. D. the sum of dol-lars for six months' interest on Bond No. , Loan of 1891, dated July I, 1891. , State Treasurer." State Treas. SEcTioN 3. It shall be the duty of the State Treasurer atozro. t provide a record of the proper size and proportions to be rerodpinogr retained in his office, so ruled as to afford a separate space for bcoonudnst .o f each coupon and a space at the top of each page of said record for each bond when paid or redeemed, and each siiace at the top of said record shall bear the same number as the bond, a record whereof is hereby* to be preserved. Duty of As the said coupons are paid it shall be the duty of the Stoic 1""" State Treasurer to mark the same in red ink across the face " Paid" cut each of them in two lengthwise, and paste the pieces in the aforesaid space for such coupon in the record aforesaid, and as the said bonds shall be paid or redeemed, the State Treasurer shall cause the same to be canceled by making lines with red ink through the signabures of the Governor, Secretary of State and State Treasurer ; and also, by writing across the face thereof in red ink the following words Form of en- ' 4 This Bond paid (or redeemed, as the case may be) this t ry on face of paid bonds. day of - A. D. , by the payment of the stun of one thousand dollars principal, and dollars in-terest, represented by coupon No. by , State Treasurer." And all coupons unmatured and surrendered with each bond redeemed shall likewise be endorsed : So enrolled. 1 LAWS OF DELAWARE. 31 OF THE REVENUE OF THE STATE. "Canceled by the redemption of Bond No. " in red Entry on ink. When paid or redeemed the said bonds shall be pasted in `""ns' the appropriate spaces in the record aforesaid, and all coupons paid or surrendered shall likewise be pasted in their appro-priate space in said record. SECTION 4. The public faith is hereby expressly pledged for the full and complete payment of the loan, principal and interest by this aEt invited and authorized and the bond hereby authorized to be issued or* to secure the same, and that ontput = the said bond shall be exempt from taxation by this State for !I any purpose, and the State Treasurer is hereby authorized all ta"tion' and directed to cause all blanks in the form of the said, bonds and coupons hereinbefore prescribed to be appropriately filled. StmoN 5. The proceeds of the sale of the bonds Proceeds of authorized by this at to be issued shall be paid by the It:sale of State Treasurer to the Trustees of the Poor of New Castlel'/FriMieUo of county in redemption of the bonds and attached couponsth1e 3Po or of New Castle of interest authorized to be issued under the provisions of an ael entitled, "An aEt to carry into effeel the provisions of an ael creating a State Board of Trustees for the Care of the Insane" passed at Dover, April 26, 1889. And the Trustees of the Poor of New Castle county are Trustees to hereby authorized and dire6ted, upon receipt of the said`,; ooeinloserist.isded proceeds, to cause to be delivered up to the State Treasurer trArvrt of the bonds and coupons aforesaid issued under the said a&149. of April 26, 1889, together with a receipt to the State Treasurer for such proceeds. Upon the receipt by the State Treasurer of the bonds and coupons issued under the ael of April 26, r889, he shall proceed immediately to have them canceled according to the provisions of said aEt. SECTION .6. The board of Trustees of the Poor of New Hoard of Castle county, upon the receipt of the proceeds of the Ire"31,e,ae5 , toof bonds authorized to be issued by this at, shall im- pay over the mediately pay the same over to the County Treasurer of rFiedrto,:the said county, and his receipt to them shall be their sufficient1..or,` taw. voucher. Such proceeds so paid over shall be devoted to the extinguishment of the floating indebtedness of New Castle county, now held by the several banks of the said Floating in- county. debtedness of New Cas. SECTION 7. That portion of the floating indebtedness of i;:ir New Castle county now held by the several banks of New ib):tTilicsotttotbe *So enrolled. the pro-ceeds. 32 LAWS. OF DELAWARE. OF THE REVENUE OF THE STATE. Castle county is hereby rendered valid and legal and ex-tinguishable under the provisions of this ael, as far as the proceeds of the sale of these bonds can effeEt the same, and any balance remaining may be by the Levy Court extin-gnithed by current taxation. Cost of pre- SEcTioN 8. That all expenses of preparing, issuing and paring bonds to td c delivering the bonds by this at authorized shall be allowed allwed Stateo Treas.to tile State Treasurer and paid out by any unappropriated nrer and funds in the State Treasury, he producing and exhibiting Secrctary of State. the necessary vouchers therefor, as by law required with reference to other disbursements of public funds, and, further, that the Secretary of State and the State Treasurer shall respeEtively be allowed such compensation for the services to be rendered and performed by them under this a6t as shall be allowed by the Legislative Committee at the tCoo mffiank/ien cael- session in January, and such Committee is hereby expressly kovanLc. authorized to make such allowances and to draw drafts on the State Treasurer accordingly. Passed at Dover, Hay 5, 1891. CHAPTER 18. .rnE REVENUE OF TH E STATE. AN ACT to amend an at entitled "An ad to Legalize the Issue of cer-tain State Bonds." lie it enafied by the Senate and House of Refiresentatives (yi the .S/a/c ty. Delaware in General Assembly met: A,c legal- SECTION I. That the act entitled "An aet to legalize c the issue of certain State Bonds" passed at Dover, May 5, 1:onds 1891, be and the same is hereby amended by striking out the 11..C11 words " a rate not exceeding four" in the twelfth line of Section z of the enrolled copy of said aa. SECT/ON 2. That the Secretary of State is hereby authorized and direaled to print the, net entitled, "An act 4 LAWS OF DELAWARE. 33 OF THE REVENUE OF THE STATE. to legalize the issue of certain State Bonds" passed at lectrectryccorf Dover, May 5, 1891, in the next volume of Delaware Laws, tirly mu? - and shall certify the same as by this a& amended. print the at . as herein amended. Passed al Dover, May 15, 1891. CHAPTER 19. OF THE REVENUE OF THE STATE. AN ACT to Legalize the Issue of Certain State BondsAmended. Whereas by an a& of the General Assembly of the State Loan of . of Delaware, entitled "An a& to carry into effeEt the pro- fl'ig'=0- visions of an a& creating a State Board of Trustees for the be issued. care of the Insane" passed at Dover, April 26, 1889, a cer-tain loan of the State of Delaware of seventy-five thousand dollars was authorized to be issued, and under the terms and provisions of said a& the said loan was issued; And whereas after the ena&ment of the said law it was Law origi-ascertained that the said law originated in the Senate of the Meadtet." State of Delaware instead of having originated as it was deemed it properly should have done in the House of Rep-resentatives of the State of Delaware, and thereupon grave doubts have arisen as to the legality of the said loan; And whereas it is the desire of this General Assembly to set at rest all question affeeling the legality of any loan for which the credit of the State is pledged ; now therefore Be if enaRed by lhe Sothic' and House of ReAresentalives of the Stale of Dc/aware in General Assembly met: SECTION I. That the State Treasurer be and he is hereby st.eirteItrie,aosr: authorized to issue bonds of the State of Delaware to the 'zed to is' amount of seventy-five thousand dollars, each bond to be of VAM:wor the value of one thousand dollars, with coupons or interestishie"le`g Form ot bonds. 34 LAWS OF DELAWARE. OF TIIE REVENUE OF THE STATE. warrants thereto attached for each half year's interest Hoods ,. thereon. The said bonds shall be numbered from r to 75 bared o 75-inclusive, shall be dated July first, 1891, and shall bear inter- and dated July 1, 1891, est from and after that date at a rate not exceeding four at a rate not fezeedpeirn g per centum per annum, payable semi-annually on the first dayss of July and January in each and, every year while cent. they remain unpaid, payable at the Farmers' Bank in the city of Wilmington on presentation of the coupon represent- Principal of ing such semi-annual installments of interest. The principal bbioen dJus lypa /y,a - or said bonds shall be payable at the Farmers' Bank of the tool. State of Delaware at Wilmington, on the first day of July, A. D. 1901, on presentation and surrender of said bonds, but May be re- the same or any part thereof may be redeemed at the option adneeym fierds t odna y of this State on any first clay of July or January in or after oriulY or the year A. D. 1893, upon thirty days notice published in January in or after one newspaper published in the city of Philadelphia and 1893, upon one newspaper published in the State of Delaware, indica-ticc. ting by their numbers the bonds thereby called and ele6led Bonds to be redeemed. The said bonds shall each be signed by the signed by Governor, Governor, Secretary of State and State Treasurer on behalf Secretary State and of of this State, and shall have the Great Seal impressed thereon Treasurer, or affixed thereto. The signature of the State Treasurer with the Great Seal, shall be engraved or printed on each coupon and the coupons - attached to each bond shall be numbered consecutivelY from to 19 respeEtivelv. SEcTrox 2. The said bonds authorized to be issued by this aá l shall be in the following form to wit " UNITED STATES OF AMERICA, STATE OE DELAWARE. No. LOAN OF These presents certify and make known that the State ot Delaware is held and firmly bound unto the bearer in the sum of one thousand dollars lawful money of the United States of America, which the said State promises and binds itself to pay to the bearer at the Farmers' Bank in the city of Wilmington on the first day of July, A. D. 1901, with interest at per centum per annum, likewise payable at the Farmers' Bunk in the city of Wil-mington on tilefirst days of July and January in each and every year whilst the same principal sum remains unpaid on the presentation of the coupons thereto annexed repre-senting such semi-annual installments of interest. " No. Form of The State of Delaware will pay to the bearer at the ""1""' Farmers' Bank of the State of Delaware, at Wilmington, on the first day of A. D. the sum of dol-lars for six months' interest on Bond No. , Loan of 1891, dated July r, 1891. , State Treasurer." SEcrtox 3. It shall be the duty of the State Treasurer state Treas. er - to provide a record of the proper size and proportions to be n rstor retained in his office, so ruled as to afford a separate space each coupon and a, space at the top of each page of said rota record for each bond whenTaid or redeemed, and each space at the topof said record shall bear the same number as the bond, a -record whereof is hereby to be preserved. As the said coupons are paid it shall be the duty of the Duty of State Treasurer to mark the same in red ink across the face ts,r "Paid" cut each of them in two lengthwise, and paste the pieces In the aforesaid space for such coupon in the record aforesaid, and as the said bonds shall be paid or redeemed, the State Treasurer shall cause the same to be canceled by making lines with red ink through the signatures of the Goernor, Secretary of State and State Treasurer ; and also, by writing across the face thereof in red ink the following words " This Bond paid (or redeemed, as the case may be) this Form ot eo. day of, A. D. , by the payment of the sum p"aYl nfaDcoed s. of one thousand dollars principal, and dollars in-terest, represented by coupon No. by State Treasurer." And all coupons unmatured and surrendered with each bond redeemed shall likewise be endorsed : LAWS OF DELAWARE. 35 OF THE REVENUE OF THE STATE. Dated at Dover the first day of July, A. D. 1891. Witness the Great Seal of the State of Delaware, and the hands of the Governor, Secretary of State, and State Treas-urer in the day and year aforesaid. Governor, Secretary of State. State Treasurer." And the coupon shall be in the following form to wit LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. " Canceled by the redemption of Bond No. " in red ink. When paid or redeemed the said bonds shall be pasted in the appropriate spaces in the record aforesaid, and all coupons paid or surrendered shall likewise be pasted in .their appro-priate space in said record. SECTION 4. The public faith is hereby expressly pledged for the full and complete pavnient of the loan, principal and interest by this aa invited and authorized and the bond ponds ex- hereby authorized to be issued or to secure the same, and that empt from ;01 taxation. the said bonds shall be exempt from taxation by this State for any purpose, and the State Treasurer is hereby authorized and directed to cause all blanks in the form of the said bonds and coupons hereinbefore prescribed to be appropriately filled. Proceeds of SECTION 5. The proceeds of the sale of the bonds thc sale of the bonds to authorized by this aft to be issued shall be paid by the be "Id to State Treasurer to the Trustees of the Poor of New Castle Trustees of the Poor of county in redemption of the bonds and attached coupons NeW CaStle r County. or interest authorized to be issued under the provisions of an a6t entitled, "An ael to carry into effeel the provisions of an ael creating a State Board of Trustees for the Care of the Insane" passed at Dover, April 26, 1889. TTstees to And the Trustees of the Poor of New Castle county are bominsusited hereby authorized and dire&ed, upon receipt of the said utnpdreilr 26a,c t of proceeds, to cause to be delivered up to the State Treasurer 6S9. the bonds and coupons aforesaid issued under the said at of April 26, 1889, together with a receipt to the State Treasurer for such proceeds. Upon the receipt by the State Treasurer of the bonds and coupons issued under the ael of April 26, 1889, he shall proceed immediately to have them canceled according to the provisions of said ael. Board of SECTION 6. The board of Trustees of the Poor of New Trustees of the Poor to Castle county, upon the receipt of the proceeds of the "er the bonds authorized to be issued by this aEt, shall im- said pro. Leeds to the mediately pay the same over to the County Treasurer of Vreuansler. said county, and his receipt to them shall be their sufficient voucher. Such proceeds so paid over shall be devoted to l'hotiog in. the extinguishment of the floating indebtedness of New riclordness Castle county, now held by the several banks of the said of New Cas tie county county. held by banks to be paid out a SECTION 7. That portion of the floating indebtedness of ;:hc:E.' New Castle county now held by the several banks of New 36 Entry on coupons. - LAWS OF -DELAWARE. 37 OF THE REVENUE OF THE STATE. Castle county is hereby rendered valid. and legal and ex-tinguishable under the provisions of this a61, as far as the proceeds of the sale of these bonds can effeEt the same, and any balance remaining may be by the Levy Court extin-guished by current taxation. SEcnoN 8. That all expenses of preparino. issuing and Cost of pre-delivering the bonds by this aEt authorized shall be allowed Mig4to be to the State Treasurer and paid out of any unappropriated =re.. funds in the State Treasury, he producing and exhibitinc, 147tarl and the necessary vouchers therefor, as by law required with tatree. o reference to other disbursements of public funds, and, further, that the Secretary of State and the State Treasurer shall respe6tively be allowed such compensation for the services to be rendered and performed by them under this a6t as shall be allowed by the Legislative Committee at the Legislative session in January, and such Committee is hereby expressly ,Coommatliettelf. authorized to make such allowances and to draw drafts on lowance. the Sta,te Treasurer accordingly. CHAPTER zo. OF THE REVENUE OF THE STATE AN ACT concerning the Mortgages held by the State against the junc-tion and Breakwater Railroad Company and the Breakwater and Frankford Railroad Company respedtively. Be it enaRed by the Senate and House of Representatives of the Stale of Delaware in General Assembly met (two-thirds of each branch of the Legislature concurring) as jidlows SECTION i.. That if the Philadelphia, Wilmington and : ,I'arititr Baltimore Railroad Company shall (as and by way of a loan lint"::.d and advance by it to the Delaware, Maryland and Virginia and Breat!- Railroad Company) pay to the State Treasurer, for the use =Lad of the State, on the first day of July, A. D. 1891, the sum of 38 OF THE REVENUE OF THE STATE. r, w. & n. fifty thousand dollars ($50,000), and on the first clay of Novem-to pay to ber, A. D. 1891, shall also pay to the State Treasurer for the Snmretre c eTrtraeians . use of the State the further sum of one hundred and sixty-five Mims Of thousand dollars ($165,000) towards and on account of the money se- . cured by principal sum of four hundred thousand dollars secured by Zaringtch.1 the mortgage against the Junction and Breakwater Rail- JimctIon road Company ; and shall likewise pay to the said State and reak-waterB and Treasurer on the said first day of July, A. D. 1891, the stun t he Break-water and 01r twelve thousand dollars ($12,000), being the six months' Railroad rank for d interest which will then have accrued on the said mortgage Companiei. and the mortgage for two hundred thousand dollars ($200,000) held by the State against the Breakwater and Frankford Railroad Company, and shall also, on the said first day of November, A. D. 1891, pay unto said State Treasurer the further stun of seven thousand three hundred and thirty-three dollars and thirty-four cents ($7,333.34), being the four months' interest at the rate of four per centum which will then have accrued on both said mortgages, that then and in that event the payment of the residue viz: One hundred and eighty-five thousand dollars ($r85, 000; of the principal moneys secured by the said mortgage against the Junction and Break-water Railroad Company and the whole of the principal moneys secured by the mortgage against the Breakwater and Franfd.ord Railroad Company, shall be postponed, deferred Principal and extended until the first day of January, A. D. 1932, and moneys m the same shall from and after the said first day of November, be pan) Jan-uary 1, 1932. A. D. 1891, bear interest at the rate of three (3) per centunt per Interest at 3 per cent. annum, which said interest shall be payable as follows : the sum of nineteen hundred and twenty-five dollars ($1,925) on the first day of January, A. D. 1892, and thereafter by equal semi-annual payments on the first days of July and January in each year until the stay and postponement of payment herein stipulated and provided for shall expire; firovided however, that in case default shall be made for the space of ninety days in the payment of any such semi-annual installment of Forcci, o re interest at the rate of three per centum per annum that then and in that case the stay and postponement of payment here in provided for shall cease and terminate, and payment of-the principal moneys secured by said mortgages, together with all interest which shall have accrued thereon after the said first day of November, A. D. 1891, and shall be then unpaid, may thereupon be immediately enforced by process of law or by proceedings in equity, and provided further that nothing herein contained shall in anywise affect, alter or impair the LAWS OF DELAWAIZE. redemption. LAW )1' DELAWARE. 39 OF TIIE REVENUE OF THE STATE. security of the said mortgages, or the priority of the lien thereof respectively ; and provided furiner, that upon pay-ment to the State Treasurer of the sum of three hundred and eight\--five thousand dollars (the unpaid balance of principal remaining on said two mortgages) together with all interest thereon accruing after the first dayofNovember, A. D. 1891, at the rate of three per centum per annum, on any first day of January or July after the first day of January, A. D. 1895, state Than-the State treasurer shall forthwith satisfy and discharge both 00t-said mortgages of record. gages. SECTION 2. That it shall and may be lawful for the 'Dela-ware, Maryland and Virginia Railroad Company to issue its a 110%1.! 'ecl-IO bonds for the purpose of discharging and refunding all its 'e indebtedness (save and except the debts owing to the State and secured by the mortgages mentioned in Section I of this act, which mortgages are in nowise to be affected, impaired or disturbed), and secure the same by a general mortgage of its railroads, property and franchises. SECTION 3. That it shall and may be lawful for the said r. w. The Philadelphia, Wilmington and Baltimore Railroad Coin-pany, and it is hereby authorized and empowered, to own and ? novlo acnadpital - hold so much of the capital stock and so many of the bonds rock and of the said Delaware, Maryland and Virginia Railroad Com-pany or either of the several companies constituent thereof as it may from time to time purchase; and also to guarantee the whole or any part of the bonds which may be issued by the said Delaware, Maryland and Virginia Railroad Com-pany; and also to mortgage its property and franchises to secure any indebtedness which either by reason of such guaranty or otherwise it may lawfully incur or create. SECTION 4. That the State Treasurer shall apply so much Application of the moneys to be paid on the first day of July, 1891, as ptir"7,5 may be necessary to the payment of the fifty outstanding tr.-Letre Than. bonds of this State of Series "B" issued under the act of 1881; and shall also apply so much of the moneys to be paid on the first day of November, 1891, as may be necessary to the redemption on the first day of January, 1892, of the one .hundred and sixty-five bonds of this State of Series " C" issued under the act of 1881, which will be then redeemable according to their tenor; and the State Treasurer shall on the receipt of said last-mentioned sum give notice as pro- Notice of yided by the statute in that behalf that the State will on the 40 LAWS OF DELAWARE, OF THE REVENUE OF THE STATE. said first day of January, 1892, redeem all the said bonds of Series "C." ThC rCipeC SECTION 5. That the boards of Directors of the Delaware, tio,,nra;iitad Maryland and Virginia Railroad Company and the Philadel- Zi4i-ap-phia, Wilmington and Baltimore Railroad Company respec-rcr2rIens. tivelv shall, within five days from and after the passage of this act, by appropriate resolutions duly adopted, accept provisions and assume the obligations it imposes, or, on failure so to do, this act shall cease, terminate and become and be void and of no effect. /i7ssed (7/ Dover, i11(7), 8, 1891. CHAPTER 21. OF 11-W 1:.EVENUE OF THE STATE. AN ACT to Repeal and Supply Chapter 117, Volume 13, Laws of Dela-ware, as amended by Chapter 423, Volume 17, Laws of Delaware, lie i/ enaRed the .S'enale and House of Represenlalives. of /he S/a/e of Delaware in General Assembly met: SECTION I. That no person, or persons, firm, company or corporation, without having first obtained a proper license ,tate therefor, as hereinafter provided, shall, within the limits of this State, be engaged in, prosecute, follow, or carry on any trade, business, pursuit or occupation in this section herein-after mentioned. that is to say: foreign life insurance agency, foreign fire insurance agency, foreign insurance agency other than life or fire. APPI.A'm SECTION 2. That any person, or persons, firm, company e or corporation desiring to be engaged in, prosecute, follow or sioncr carry on any trade, business, pursuit or occupation named in tile foregoing- section of this act, shall apply to the "In-surance Commissioner of Delaware" for a proper license authorizing- or empowering him, her or them to engage in, LAWS OF DELAWARE. 41 OF THE REVENUE OF THE STATE. prosecute, follOw or carry on such trade, business, pursuit or occupation which he, she or they may desire to engage in, prosecute, follow or carry on, and upon his, her or their 'my-ing for the use of the State to the said Insurance Commis-sioner of Delaware the fee. hereinafter mentioned for such recc, Szc. license, and also the fee to the Insurance Commissioner of Delaware for issuing the same, it shall be the duty of the Insurance Commissioner of Delaware to issue to him, her or them a proper license therefor. SECTION 3. That the following fee shall be paid to the Insurance Commissioner of Delaware, ft*. the use of the State, for any license to be issued by him under the provisions of this act, that is to say; for each license as foreign life insurance agent the sum of twenty-five dollars; and such company, firm or corporation shall also pay to the Insur-ance Commissioner of Delaware for the use of the State at the time of obtaining such license in each and every year one and one-half per centum on the gross amount of pre-miums received and assessments collected by such company, firm or corporation during the year immediately next pre-ceding the date of obtaining such license in each year; and every such company, firm or corporation shall, at the said time, furnish to the Insurance Commissioner of Delaware a statement showing the gross amount of premiums received and assessments collected and shall verify the same by oath or affirmation taken before some person who is by the laws of this State duly authorized to administer the same; for each license as a foreign fire insurance agent the sum of twenty-five dollars, and the company such agent represents shall also pay to the Insurance Commissioner of Delaware one and one-half per centum on the gross amount of pre-miums received and the assessments collected by such agent or company during the year immediately next preceding the date of obtaining such license in each year, and such agent, firm or corporation shall, at the same time, furnish to the said "Insurance Commissioner of Delaware" a statement show-ing the gross amount of premiums received and assessments collected, and shall verify such statements by his oath or affirmation cluly administered by some person authorized by the laws of this State to administer oaths; for each license as a foreign insurance agent other than fire or life, the sum of twenty-five dollars, and such agent, firm or corporation shall also pay to the " Insurance Commissioner of Delaware " for the use of the State at the time of obtaining such license in each 42 I.A,WS 01? DELAWARE. 01"111E REVENUE OFTHE STATE. year one and one-half per cent= on the gross amount of premiums received and assessments collected by such com-pany, firm or corporation during the year immediately next preceding the date of obtaining such license in each year, and such company, firm or corporation shall, by its proper officer or agent, at the time of obtaining such license, furnish the "Insurance Com m issioner of Delaware " a statement show-ing the gross amount of premiums received and assessments collected, who shall verify such statement by his oath or affirmation duly administered by some person authorized by the laws of this State to administer oaths. Provided how. ever, that if a license as life insurance agent or as fire insur-ance agent shall have been obtained, no additional license shall be required for insurance other than life or fire. SECTION 4. That if any person or persons, firm, com-panV or corporation shall be engaged in, prosecute, follow or carry on, within the limits of this State, any trade,, business, pursuit or occupation named in the first section of this act, Nvithout having first obtained a proper license therefor, he, she or they, and the individuals composing such firm, com-pany or corporation, and each of them, and the president and directors and each of them of such company or corporation, for every such offense shall be deemed guilty of a mis-demeanor' and upon conviction thereof by indictment, be. Penalty for Sides being liable for the payment of the tax, ,be subject to ",eglf.". ' imprisonment for a term not exceeding two years or a fine the im'kr not exceeding five hundred dollars, or both, at the discretion of the court; one moiety to the use of the person who shall first give information of the fact whereby said forfeiture was incurred. SEpTioN 5. That every person (other than the clerk or assislant of any life insurance agent, company, firm or cor-Any poison poration, who shall have become qualified to conduct and prcorlog or carry on the business of life insurance agent as provided for mly person in Section 2 of said Chapter 117, Volume 13, Laws of Dela- ".' ware, at the one place designated in the license) who shall pro-cure or solicit any citizen or resident of this State to take out no, a policy on his or her life or lives of any other person in any fan...It'd company or companies not incorporated by the laws of this State, shall be deemed a foreign life insurance agent NVitilin the meaning of this aa. Every person (other than the clerk ,gent. or assistant of any fire insurance* who shall have become tio enrolled .J4 LAWS OF DELAWARE. 43 OF THE REVENUE OF THE STATE. - qualified In conduct and carry on the business of fire insur-ance agents as provided for in Section 2 of said Chapter 117, Volume 13, Laws of Delaware, at the one place designated in his license) who shall procure or solicit any citizen or resident of this State to take out a policy of insurance in any fire insurance company or companies not incorporated by the laws of this State, shall be deemed a foreign fire insurance agent within the meaning of this aEt. SEcTiox 6. That in every license to be taken out under or by authority of this act shall be contained or set forth thel,,,,m of li-trade, business, pursuit or occupation for which such license is granted, the name and place of abode of the person or persons taking the same, and that the fee due the State therefor has been paid. Where one or more persons are I.iconses for associated together as a firm or co-partnership and doing or carrying on any trade, business, pursuit or occupation men-tioned in the first section of this act at the same time and place, it shall not be necessary for each of the individuals composing such firm or co-partnership to take out a separate license therefor, but one license may be granted in the name of the firm or co-partnership. In every case where more A lice than one of the trade, business, pursuit or occupation men- er=tdr tioned in the first section of this act shall be pursued or Sc. carried on by the same person or persons, firm, company or corporation at the same time, a license must be taken out for each according to the rates prescribed by the third section of this act. Every license issued in pursuance of the provisions of this act shall bear dateron the day on which it was issued and shall continue in force one year from the date thereof ce"se. and no longer. Such license shall be signed by the Governor Form of of this State and countersigned by the Secretary of State "'""re5' and sealed with the seal of his office. Every person, or persons, firm, company or corporation who shall procure a license under this act as foreign life insurance agent, foreign fire insurance agent, shall be authorized and empowered, dur-ing the year for which such license was granted, to exercise and ;!,,,ier such carry on the trade, business, pursuit or occupation for which e"e. the license was granted in any county of this State; pro-vided, that no such person or persons, firm, company or cor-poration shall be engaged in, prosecute, follow or carry on such trade, business, pursuit or occupation at more than one place at the same time. And provided jirrIher, that if any person or persons shall be duly licensed under this act as foreign life insurance agent, foreign fire insurance agent, and shall 44 I.AWS OF Ill.:1lWARE. 'ruE REVENUE OF THE STATE. Licene,*dr- die before the expiration of the year for which such license was granted, it shall be lawful for his or her or their execu.. tors [or] administrators to exercise and carry on the trade, business, pursuit or occupation for which such license was granted until the expiration of the time for which such license was granted. Every person applying to the Insur.', ance Commissioner of Delaware for a license under the provisions of this act shall, in addition to the fee for the use Comtni- of the State mentioned in the third section of this act, pay to ror the Insurance Commissioner of Delaware a fee of fifty cents for issuing the same. SECTION 7. Tlmt every person or persons, association, firm, company or corporation, who shall within the limits of this State be engaged in, pursue or follow the business of or occupation of insuring property against loss by fire shall, on the first Tuesday in the month of July next after the passage of this act and on the same day annually thereafter while they shall cmtinue in such business, pay to the Insurance StAe t..,. Commissioner of Delaware, for the use of the State, a tax of one hundred dollars; provided, that where two or more persons are associated together and carrying on the business or occupation of insuring property against loss by fire, it shall not be necessary for each of the persons composing such firm or association to pay the said tax, but the payment thereof by such association collectively shall be sufficient; '1 he DO. PrOZ'ided, however, that this section shall only apply to tII NI organizations established within or incorporated by the laws I" of this State; and provided Arlber, that the Delaware State, Py Crtu(re Mutual Fire Insurance Company is exempt from the payment of the tax imposed by this section. SECTIoN S. That if any person or persons, firm, company or corportion or association of individuals who shall be engaged in, pursue or follow the business or occupation of insuring property against loss by fire shall refuse, fail or neglect to pay to the Insurance Commissioner of Delaware, for the use of the State, the tax imposed by Section 7 of this act within five days after the same shall become due and payable such person or persons or individuals composing such firm, company, corporation or association so refusing, t .1 failing- or neglecting, besides being liable to pay the tax imposed hy said Section 7, shall be deemed guilty of a 'Ms. demeanor and upon conviction thereof by indictment shall forfeit and pay a 11ne of not less than five hundred dollars LAWS OF DELAWARE. 45 ( TILE REVENUE OF 'clic sTATE. nor more than two thou i Sand dollars, besides costs of prose-cution. And f any corporation, liable to the tax imposed by the preceding section of [this] a6t, shall refuse, fail or neglect for the space of five days after the same shall be due and payable to pay to the Insurance Commissioner of Dela-ware the tax imposed by said section of this net, such refusal, failure or neglect shall work a revocation of the charter of Refusal or such corporation so refusing, failing or neglecting, and the president and directors of such corporation so refusing, fail- "'"" carton of ing or neglecting as aforesaid shall be deemed .guilty of a charter. misdemeanor and upon conviction thereof by indictment, shall forfeit and pay a fine of not less than five hundred Penalty of dollars nor more than two thousand dollars, besides costs of prosecution, and the individual property of such president and directors shall also be liable for the payment of the tax imposed by Section 7 of this a61. And furiher, in case of any person or persons, company or association of individuals as aforesaid so refusing, failing or neglecting to pay the tax for which he, she or they are liable under the seventh section of this act within the time appointed for the payment thereof, it shall be unlawful for him, her or them thereafter to be 1..,1-,,,, engaged in, pursue, follow or carry on the business or occu- r",,Ziceth:f patio" of insuring property against loss by fire within this 1,,,,irifnu,t State, and upon conviction thereof by indictment shall : 5.S= forfeit and pay a fine of not less than five hundred dollars nor' ore than two thousand dollars, besides costs of prosecution. SECTION 9. The Court of Chancery shall have jurisdic- _'1,Ver, Of tion and power, and upon appplication of the Insttrance,`-,'.'",rg; Commissioner of Delaware, on behalf of the State, it shall be the duty of the Chancellor to restrain lv injunction pro-cess any breach of the provisions of this act attempted to be committed by any person or persons, company or association of individuals by engaging in, pursuing or carrying on the business or occupation of insuring property against loss by fire after a refusal, failure or neglect to make payment to the Insurance Commissioner of Delaware for the use of the State of the tax imposed by Section 7 of this aet within the time limited for the payment thereof. And fin-Mei-, in case of any refusal, failure or neglect by any corporation liable to the re-payment of the tax imposed by Section seven of this ael to make payment to the Insurance Commissioner of Delaware of the tax imposed by said Section seven, within the time appointed for the payment thereof, the Insurance Commis- viiir.:!1. smiler of Delaware shall report the fact to the General ;,L,'2., 46 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. Assembly, if in session, or at their next meeting, either reg-ular or adjourned, and also to the Attorney General whose duty it shall be to proceed without delay against the said cor-poration in the proper tribunal to carry the aforesaid revoca-tion into effect. SECTION io. That it shall be the duty of the Insurance Commissioner of Delaware to enforce the payment of the tax imposed by the provisions of this aEt, and for this pur-pose all the provisions of Chapter twenty-nine of the Revised Code of this State, conferring powers and duties upon the °wers °I State Treasurer, shall apply to the Insurance Commissioner .nsurance C0111111- of Delaware for the purpose of carrying into force and effect sioner In col-lecting tax. the provisions of this aEt. SECTION ii. That every person or persons, association of individuals or corporation who, not being incorporated by this State, shall be engaged in, pursue or follow the business Foreign in. or occupation of an insurance or guarantee or casualty corn. py, and who shall collect from ally citizen or resident of su"r""`" or this State any premium, interest or assessment upon any casnalty c°1°Panics insurance or guarantee policy or certificate or other instru-cc ment of like character issued upon person or property located 'Perii!:tiXtin7s11,within this State, shall pay annually for the use of this State &C. a tax of one and one-half per centum upon the total amount of all such collections which have been made_ within the year, whether upon policies issued during the year or issued previously thereto by any such person, association or corpora-tion, and upon which a tax of one and one-half per cent= has not been previously paid to the Insurance Commissioner of Delaware by an agent or agents of such person, associa-tion or corporation under Section third of this ael; and every such person, association or corporation shall annually trans-mit to the Insurance Commissioner of this State a statement, h, . ;MCC CUM. verified by the oath or affirmation of the president, vice-president, and secretary or manager, setting forth the total tir.c'"oIo'"e"i '"' amount of all such collections made since the thirty-first day &c- of December in the year eighteen hundred and ninety and in each year thereafter. If any person, association or corpora-tion shall neglect or refuse to comply with the requirements of this section, such offending person, association or corpora- Penalty for tion shall not be granted by the said Insurance Commissioner cccgkrcor certificate of authority to transact business within this r'rfu'm dn' State and the fact that such person, association or corpora- tieh under ibis 'cram,. tI011 IS without legal authority to transact business within LAv-: OF DELAWARE. 47 OF THE REVENUE OF THE STATE. this State and the reason thereof shall be published by the said Insurance Commissioner in at least three public news-papers of this State. SEcTioN 12. The Insurance Commissioner of Delaware Insurance Coin In 5- shall semi-annually, on the first Tuesday of April and Oc- sioner to tober, or within five days thereafter, plainly state under his ' at it iankuea esttt..:1 hand a full and true account of all money by him received le:',etf, or for which he is accountable for fees or taxes to the State Txes,'-fees, under the provisions of this ael; and shall at the same time cceir'eT" deposit to the credit of the State Treasurer, in the Farmers' semi-annuni Bank of the county in which he (the Insurance Conunis-leaprionseitrss.i" sioner) resides, the full amount due on such account and send """k. such account to the State Treasurer with a certificate ofca of ddee poo sits. such deposit. SEcTroN 13. That all charitable beneficial orders organ- ,(i,1,1SIZ.ile ized for mutual benefit, other than regularly chartered Iixceianition.r'reorisn mutual insurance companies, shall be exempt from all and the pro- visions of every the provisions of. this act. this act. Passed al Dover, January 3o/k, 1891. CHAPTER 22. AN ACT to amend Section 3 of the act entitled "An act to Repeal and Supply Chapter 117, Volume 13, Laws of Delaware, as amended by Chapter 423, Volume 17, Laws of Delaware." I/c ii enaRed by the Senate and House of Refiresenta lives oft& Slate of Delaware in General Assembly met: SECTION I. That the a61 entitled "An aet to repeal and supply Chapter 117, Vol. 13, Laws of Delaware, as amended by Chapter 423, Vol. 17, Laws of Delaware, passed at Dover January 3oth, 1891, be and the same is hereby amended by striking out all of SeEtion 3 of said act and inserting in lieu thereof the following, to wit it 48 LAWS UF DELAWARE. THE REVENUE OF THE STATE, Fees to the " SECTION 3. That the following shall be paid to the State for 11- cense tu rep- Insurance Commissioner of Delaware 'aInt'em com"- ' for any license to be issued by him ufnodr etrh et hues ep orof vtihseio Snsta toef apgaennietss. as this aei, that is to say: The sum of twenty-five dollars for each license as a foreign life insurance agent, which shall authorize said agent to represent one or more foreign life insurance companies, and the like sum of twenty-five dollars for each license as a foreign fire insurance agent, which shall authorize said agent to represent one or more foreign fire insurance companies, and the like sum of twenty.;five dollars for each license as a foreign insurance agent other than life or fire, which shall authorize said agent to represent one or more insurance companies other than life or fire; _firo-howez, er, that any such foreign life insurance agent or foreign fire insurance agent, or both, desiring to en-gage in insurance other than life or fire, shall not be re-quired to obtain an additional license therefor, and each and every insurance company, firm or corporation doing the business of insurance within the State, shall, on the first day of February next after the passage of this act and annually thereafter on the first day of February, pay to the Insurance it I,ty to Commissioner, for the use of the State, one and one-half per the State Ile and ufle- centum on the gross amount of premiums received and assessments collected by any such insurance company, firm premiums. or corporation, or authorized agent for the year immediately next preceding the date herein provided for such payment, and each and every such company, firm or corporation shall o Miser to at the same time deliver to the Insurance Commissioner a the Instir-mi, e Cifin- full detailed statement showing the gross amount of pre-miums received and assessments collected by such company, firm, or corporation or authorized agent for the previous ,ulicCted. year, and such statement shall be verified by the oath or affirmation of the president or secretary duly administered by some person authorized_ by the laws of this State to ad-minister oaths." SECTION 2. That the act hereby amended shall be pub-lished entire as amended and supplied with the aels of the present session. Passed al Dozer, Hay 13, 1891. LAWS OF DELAWARE. 49 OF THE REVENUE OF Tt-iE STATE. CHAPTER 23. OF THE REVENUE OF THE STATE. AN ACT to Repeal and Supply Chapter 117, Volume 13, Laws of Dela-ware, as amended by Chapter 423, Volume 17, Laws of Delaware. Amended. lie ii enatled by the Senate and House of Refiresentalives (.7/ the Stale of Delaware in General Assembly mel: SECTION r. That no person, or persons, firm, company License to or corporation, without having first obtained a proper license 11,,T;c7 "'- therefor, as hereinafter provided, shall, within the limits of thci n ibis this State, be engaged in, prosecute, follow, or carry on any trade, business, pursuit or occupation in this section herein-after mentioned, that is to say: foreign life insurance agency, foreign fire insurance agency, foreign insurance agency other than life or fire. sEcTION 2. That any person, or persons, firm, company Application ocra rcryo rpoonr aatinoyn tdreasdier,i nbgu tsoin bees se,n gpaugresdu itin o, rp roocsceucpuateti, ofno lnloawm eodr ;cioe.,:e,.l nr."' - tmrfor in the foregoing section of this act, shall apply to the "In-surance Commissioner of Delaware" for a proper license authorizing or empowering him, her orthem to engage in, prosecute, follow or carry on such trade, business, pursuit or occupation which he, she or they may desire to engage in, prosecute, follow or carry on, and upon his, her or their pay-ing for the use of the State to the said Insurance Commis-sioner of Delaware the feehereinafter mentioned for such Fee:, &C. license, and also the fee to the Insurance Commissioner of Delaware for issuing the same, it shall be the duty of the Insurance Commissioner of Delaware to issue to him, her or them a proper license therefor. SECTION 3. That the following shall be paid to the In- recs to the surance Commissioner of Delaware for the use of the State See' an'sce ft"or - for any license to be issued by him under the provisions of,resceetts"r-this aet, that is to say: The stun of twenty-five dollars for panic,. eaeli license as, a foreign life insurance agent, which said agent to represent one or more foreigns halllauithforeize Insurance companies, and the like sum of twenty-five dollars 5 50 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. for each license as a foreign fire insurance agent, which shall authorize said agent to represent one or more foreign fire insurance companies, and the like sum of twenty-five dollars for each license as a foreign insurance agent other than life or fire, which shall authorize said agent to represent one or more insurance companies other than life or fire; ,re-v/ dad, however, that any such foreign life insurance agent or foreign fire insurance agent, or both, desiring to en-gage in insurance other than life or fire, shall not be re-quired to obtain an additional license therefor, and each and every insurance company, firm or corporation doing the business of insurance within the State, shall, on the first day of February next after the passage of this act and annually thereafter on the first day of February, pay to the Insurance To pay to Commissioner, for the use of the State, one and one-half per the State one- cent= on the gross amount of premiums received and half per cen-tum on assessments collected by any such insurance company, firm premiums, or corporation, or authorized agent for the year immediately next preceding the date herein provided for such payment, and each and every such company, firm or corporation shall To deliver to at the same time deliver to the Insurance Cdminissioner a the Insur-ance Coin- full detailed statement showing the gross amount of pre-of iniums received and assessments collected by such company, cporellmeCiutemd.s firm, or corporation or authorized agent for the previous year, and such statement shall be verified by the oath or afffinnation of the president or secretary duly administered by some person authorized by the laws of this State to ad-minister oaths. SECTION 4. That if any person or persons, firm, com-pany or corporation shall be engaged in, prosecute, follow or carry on, within the limits of this State, any trade, business, pursuit or occupation named in the first section of this act, without having first obtained a proper license therefor, he, she or they, and the individuals composing such firm, com-pany or corporation, and each of them, and the president and directors and each of them of such company or corporation, for every such offense shall be deemed guilty of a Mk- 'P,ceonaclctyi tofo r demeanor and upon conviction thereof by indictment, be-obtain li- sides being liable for the payment of the tax, be subject to tele: sze tu, oder imprisonment for a term not exceeding two years or a fine amnod s 3do fs ethci-s not exceeding five hundred dollars, or both, at the discretion act, of the court; one moiety to the use of the person who shall first give information of the fact whereby said forfeiture was incurred. LAWS OF DELAWARE. 5I OF THE REVENUE OF THE STATE. SECTION 5. That every person (other than the clerk or assistant of any life insurance agent, company, firm or cor-poration, who shall have become qualified to conduct and carry on the business of life insurance agent as provided for in Section 2 of said Chapter 117, Volume 13, Laws of Dela- Any person orricinngg ware, at the one place designated in the license) who shall pro- IT or cure or solicit any citizen or resident of this State to take out .3nytaversoou7 a policy on his or her life or lives of any other person in any policy in an company or companies not incorporated by the laws of this MujAnn7 State, shall be deemed a foreign life insurance agent within np tr go, the meaning of this aEt. Every person (other than the clerk tdhei2a: or assistant of any fire insurance* who shall have become foreign lifeanaseunrat n c e qualified to conduct and carry on the business of fire insur-ance agents as provided for in Section 2 of said Chapter 117, Volume 13, Laws of Delaware, at the one place designated in his license) who shall procure or solicit any citizen or resident of this State to take out a policy of insurance in any fire insurance company or companies not incorporated by the laws of this State, shall be deemed a foreign fire insurance agent within the meaning of this ael. SECTION 6. That in every license to be taken out under or Form of by authority of this act shall be contained or set forth the trade, business, pursuit or occupation for which such license is granted, the name and place of abode of the person or persons taking the same, and that the fee due the State Licenses for therefor has been paid. Where one or more persons are partnership. associated together as a firm or co-partnership and doing or carrying on any trade, business, pursuit or occupation men-tioned in the first section of this act at the same time and place, it shall not be necessary for each of the individuals composing such firm or co-partnership to take out a separate license therefor, but one license may be granted in the name A license of the firm or co-partnership. In every case where more eregirterarldf:r than one of the trade, business, pursuit or occupation men- &c. tioned in the first section of this act shall be pursued or carried on by the same person or persons, firm, company or corporation at the same time, a license must be taken 'out for each according to the rates prescribed by the third section of this act. Every license issued in pursuance of the provisions cneeFe.71.11. of this act shall bear date on the day on which it was issued and shall continue in force one year from the date thereof Form of sig. and no longer. Such license shall be signed by the Governor "at". of this State and countersigned by the Secretary of State *So enrolled. 5 2 LAWS OF DELAWARE.. OF THE REVENUE OF THE STATE. and sealed with the seal of his office. Every person, or persons, firm, company or corporation who shall procure a license under this act as foreign life insurance agent, foreign Powers and fire insurance agent, shall be authorized and empowered, dur-d privil h unere gseusc mg the year for which such license was granted, to exercise and license. carry on the trade, business, pursuit or occupation for which the license was granted in any county of this State; video', that no such person or persons, firm, company or cor-poration shall be engaged in, prosecute, follow or carry on such trade, business, pursuit or occupation at more than one place at the same time. And firovided further, that if any person or persons shall be duly licensed under this act as foreign life insurance agent, foreign fire insurance agent, and shall Licensee dy- die before the expiration of the year for which such license ing, heirs: was granted, it shall be lawful for his or her or their execu-tors [or] administrators to exercise and cgrry on the trade, business, pursuit or occupation for which such license was granted until the expiration of the time for which such license was granted. Every person applying to the Insur-ance Commissioner of Delaware for a license under the provisions of this act shall, in addition to the fee for the use commi.- of the State mentioned in the third section of this act, pay to sioner's fee the Insurance Commissioner of Delaware a fee of fifty cents kr issuing licenses. for issuing the same. SECTION 7. That every person or persons, association, firm, company or corporation, who shall within the limits of this State be engaged in, pursue or follow the business of or occupation of insuring property against loss by fire shall, on the first Tuesday in the month of July next after the passage of this act and on the same clay annually thereafter while they shall continue in such business, pay to the Insurance State tax. Commissioner of Delaware, for the use of the State, a tax of one hundred dollars; firovaed, that where two or more persons are associated together and carrying on the business or occupation of insuring property against loss by fire, it shall not be necessary for each of the persons composing such firm or association to pay the said tax, but the payment thereof by such association collectively shall be sufficient; II firovided, however, that this section shall only apply to .are late , , Grange Mu- otganizations established within or incorporated by the laws of this State; and provided fur/her, that the Delaware State M11,111CC coml..). Grange Mutual Fire Insurance Company is exempt from the exempt hotn hlate I:Ix. payment of the tax imposed by this sedion. LAWS OF DELAWARE. 53 OF THE REVENUE OF THE STATE. SEcTioN 8. That if any person or persons, firm, company or corporation or association of individuals who shall be engaged in, pursue or follow the business or occupation of insuring property against loss by fire shall refuse, fail or neglect to pay to the Insurance Commissioner of Delaware, for the use of the State, the tax imposed by Section 7 of this aa within five days after the same shall become due and payable such person or persons or individuals composing such firm, company, corporation or. association so refusing, pc,,,,f,,, failing or neglecting, besides being liable to pay the tax trieetgilsenit toor imposed by said Section 7, shall be deemed guilty of a mis-rySTir demeanor and upon conviction thereof by indictment shall tiat:\e'Llyaln. forfeit and pay a fine of not less than five hundred dollarslfitee.r coming nor more than two thousand dollars, besides costs of prose-cution. And if any corporation, liable to the tax imposed Refusal or by the preceding section of [this] ael, shall refuse, fail or tptzt esctta tten neglect for the spIce-of five days after the same shall be due ctwnrcor..- and payable to pay to the Insurance Commissioner of Dela- charter. ware the tax imposed by said section of this ael, such refusal, failure or neglect shall work a revocation of the charter of such corporation so refusing, failing or neglecting, and the Penalty of president and directors of such corporation so refusing, fail- Vpre"ct. ing- or neglecting as aforesaid shall be deemed guilty of a pal tax. shall misdemeanor and upon conviction thereof by indictment, o forfeit and pay a fine of not less than five hundred dollars nor more than two thousand dollars, besides costs of prosecution, and the individual property of such president and directors shall also be liable for the payment of the tax imposed by Section 7 of this at. And fir/her, in case of an person or persons, company or association of individuals Unlawful to as aforesaid so refusing, failing or neglecting to pay the tax P :;:ssthoer for which he, she or they are liable under the seventh section of this at within the time appointed for the payment thereof, p,,y Su;ie to it shall be unlawful for him, her or them thereafter to be `"x. engaged in, pursue, follow or carry on the business or occu-pation of insuring property against loss by fire within this State, and upon conviction thereof by indictment shall forfeit and pay a fine of not less than five hundred dollars nor more than two thousand dollars, besides costs of prosecution. penalty. SEcrioN 9. The Court of Chancery shall have jurisdic- Itiower, of tion and power, and upon appplication of the Insurance tcr,,,C,,,,,,,eurryt of, Commissioner of Delaware, on behalf of the State, it shall c"ses' be the duty of the Chancellor to restrain by injunction pro-cess any breach of the provisions of this act attempted to be SECTION ii. That every person or persons, association of individuals or corporation who, not being incorporated by this State, shall be engaged in, pursue or follow the business Foreign in- or occupation of an insurance or guarantee or casualty corn-scuormanpcaen ies, pany, and who shall collect from any citizen or resident of guarantee or this State any premium, interest or assessment upon any casualty companies insurance or guarantee policy or certificate or other instru-ment of like character issued upon person or property located cremntui mu mosn, within this State, shall pay annually for the use of this State a tax of one and one-half per centum upon the total amount of all such collections which have been made within the year, whether upon policies issued during the year or issued previously thereto by any such person, association or corpora-tion, and upon which a tax of one and one-half per centum has not been previously paid to the Insurance Commissioner of Delaware by an agent or .agents of such person, associa-tion or corporation under Section third of this aa; and every 54 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. committed by any person or persons, company or association of individuals_ by engaging in, pursuing or carrying on the business or occupation of insuring property against loss by fire after a refusal, failure or neglect to make payment to the Insurance Commissioner of Delaware for the use of the State of the tax imposed by Section 7 of this aa within the time limited for the payment thereof. And fur/her, in case of any refusal, failure or neglect by any corporation liable to the payment of the tax imposed by Section seven of this aa to make payment to the Insurance Commissioner of Delaware of the tax imposed by said Section seven, within the time Insurance appointed for the payment thereof, the Insurance Commis- Commis- ,e.sioner of Delaware shall report the fact to the General Assembly, if in session, or at their next meeting, either reg-refusal to ular or adjourned, and also to the Attorney General whose pay tax tn the General duty it shall be to proceed without delay against the said cor- Assembly . nd to the poration in the proper tribunal to carry the aforesaid revoca- GAettnoerrnacl.y don into effect. SEcrioN io. That it shall be the duty of the Insurance Commissioner of Delaware to enforce the payment of the tax imposed by the provisions of this aa, and for this pur-pose all the provisions of Chapter twenty-nine of the Revised Code of this State, conferring powers and duties upon the Powers of State Treasurer, shall apply to the Insurance Commissioner Insurance Commis- of Delaware for the purpose of carrying into force and effect s'°"ev `nc''' the provisions of this aa lecting tax. LAWS OF DELAWARE. - 55 OF THE REVENUE OF THE STATE. 4 such person, association or corporation shall annually trans-mit to the Insurance Commissioner of this State a statement, To transmit to ct ecloninst-t r - verified by the oath or affirmation of the president, vice-president, and secretary or manager, ,setting forth the total m3/4ssi°,,cr statement m amount of all such collections made since the thirty-first day.th e amount of December in the year eighteen hundred and ninety and in tions, each year thereafter. If ally person, association or corpora-tion shall neglect or refuse to comply with the requirements of this section, such offending person, association or corpora-tion shall not be granted by the said Insurance Commissioner Penalty for a certificate of authority to transact business within this 11= State, and the fact that such person, association or corpora- ne,,,c°zed"- tion is without legal authority to transact business within this section. this State and the reason thereof shall be published by the said Insurance Commissioner in at least three public news-papers of this State. SECTION 12. The Insurance Commissioner of Delaware Insurance shall semi-annually, on the first Tuesday of April and Oc-2';':ir'::; tober, or within five days thereafter, plainly state under his"",;:nr,',11. hand a full and true account of all money by him receivedmon,t,!1- or for which he is accountable for fees or taxes to the State trnaosese,3kes, under the provisions of this a61; and shall at the same time c&ei;ertle.- deposit to the credit of the State Treasurer, in the Varmers' Semi-annual Bank of the county in which he (the Insurance Commis- (ems!tr ssin sioner) resides, the full amount due on such account and send Bank' such account to the State Treasurer with a certificate of Certificate such deposit. of deposit. SECTION 13. That all charitable beneficial orders organ- Charitable and bene. ized for mutual benefit, other than regularly chartered tick,' orders mutual insurance companies, shall be exempt from all and ezpnrotfrom every the provisions of this act. visions of this act. Manner of paying. Report to the General Assembly. It 56 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. CHAPTER 24. OF THE REVENUE OF THE STATE. AN ACT to provide for Distributing the Moneys Appropriated to the State of Delaware by the An of Congress, approved March the Second, A. D. t8gt. Be it enaRed by the Senate and House of Representatives of the State of Delaware in General Assembly met: Claims for SECTION I. That all persons claiming any part of the ted.Waet money appropriated to the State of Delaware by the aa of of Congress. Congress, entitled "An a& to credit and pay to the several States and Territories and the DistriEt of Columbia all moneys colleEted under the dire& tax levied by the a& of Congress, approved August the fifth, one thousand eight hundred and sixty-one" approved March 2d, A. D. 1891, When filed. shall file his claim with the Governor of this State within six years from the second day of March, A. D. 189r. Governor. SECTION 2. That the Governor may appoint some suit- may appoint suitable per- able person whose duty it shall be to keep a record of all rt,',7Tfd claims filed with the Governor as provided in SeEtion I, of ""upon this ael, to examine into and pass upon said claims, and claims. to certify to the Governor the claims approved by him, set-ting forth the amounts and the name or names of the pow,of parties entitled thereto. Such person, so appointed, shall persons SO have power to administer oaths and to require such proof as appOilOCo, he may deem proper in the case; and shall receive as com- Compet,a- pensation for his services the sum of five per cent on all tion. moneys aanally distributed under and by the provisions of Governor this at, during his term of service. The Governor may ffUty rt. MOVC, CIC. remove said officer for cause at any time, and shall have power to appoint his successor. SamoN. 3. That the Governor may upon the receipt of such certificate asprovided in SeEtion 2 of this a6t, if he approves of the same, pay to the person named in such cer-tificate, the amount set forth therein. He shall make a report to the General Assembly at its next session, on or before the first day of Februgry, of said session, and at each succeeding session for a period of six years, setting forth the Passed at Dover, May 16, 1891. LAWS OF DELAWARE. 57 OF THE REVENUE OF THE STATE. number of claims passed upon, the amount disbursed and to whom paid, the expenses incurred, and the amount of said fund remaining undistributed. SECTION 4. That the Governor may from time to time (Governor to draw warrants upon the Treasurer of the State of Delaware ra tno.a rp-a y for the amount due the officer appointed under this aEt; and ntiga.',W, may also draw warrants upon said Treasurer for the neces-sary expenses incurred in carrying this aa into effea, expenses. including suitable books, forms, blanks, stationery, postage, advertising and other necessary expenses, the same to be paid out of any moneys in the State Treasury not otherwise appropriated. Passed at Dover, May 8, 1891. CHAPTER 25. OF THE REVENUE OF THE STATE. AN ACT to Appoint Tax Commissioners. Be it enalled by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: SEcTioN r. That William M. Canby and Nathaniel Wil- '1.1x corn- Hams of New Castle County, and E. H. Bancroft and John ,1,11,,soliojittleerds. B. Penington of Kent County, and Edward L. Martin and Daniel J. Layton of Sussex County be and they are hereby appointed commissioners whose duty it shall be carefully to investigate and consider the whole question of taxation and submit a full report of their |
| Date Digital | 2010 |
| CONTENTdm file name | 3020.cpd |
Description
| Title | Laws of the State of Delaware - Volume 19 - Part 1 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| CONTENTdm file name | 3109.pdfpage |
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