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LAWS
OF THE
STATE OF DELAWARE
PASSED
AT A SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
ON ' fUESDAYfANUARY 1. A. D. 18961
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES THE ONE HUNDRED
' AND NINETEENTH.
VOLUME XX- PART I.
1895:
THE DELAWAREAN POWER PRINT,
DO %/ ER, DELAWARE.
A
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 20 |
| Date Original | 1895 |
| Description | Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, January 1, A. D. 1895. Volume XX |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | The Delawarean Power Print |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED AT A SESSION OF THE GENERAL ASSEMBLY, COMMENCED AND HELD AT DOVER, ON 'fUESDAYfANUARY 1. A. D. 18961 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED ' AND NINETEENTH. VOLUME XX-PART I. 1895: THE DELAWAREAN POWER PRINT, DO %/ER, DELAWARE. A / / LAWS OF DELAWARE. TITLE FIRST. Of the Jurisdiction and Property of the State ; its Legis-lation and Laws. CHAPTER r. OF LIMITS. AN ACT to amend an act entitled "An act to divide South Murderkill Hundred into Two Election Districts." Be it enacted ky the Senate and House of Representatives if the Slate eye Delaware in General Assembly mel SEcrioN I. That Section 2, Chapter 450, Volume 18, Laws of. Delaware, be and is hereby amended by striking out Nulorliill the last sentence of the said section: "And be it further pro- aiorttinto vided that in the election of Assessor the districts shall beitITN7,11.,7::!'"" represented alternately." Passed al Dover, April 8, /895. 4 LAWS OF DELAWARE. OF THE STATE LIBRARY. CHAPTER 2. OF THE STATE LIBRARY. AN ACT providing for an Addition to the' State Library Building. WHEREAS, The present building used for a State L,ibrary is entirely inadequace for the purpose for which it is used; and inasmuch as it will not hold the valuable books belonging to the State; and WHEREAS, It is the duty of the State to preserve for the future the books in the library from destruction and decay; therefore Be ii enacted In, the &wale and House of Refiresenlalives of Me Slale of nelaware in General Assembly mel SEcTioN i. That John Pyle and William T. Records, stoners , at , John W. Jolls and H. H. McMullen, be and they are hereby pointy,. nominated, constituted and appointed commissioners on the part of the State, whose duty it shall be to have erected at t the end of the east wing of the State House an additional State room or rooms forty feet longand the width of said east wing House. of the State House at a cost not to exceed the sum of ten thousand dollars ($xe,o0o). The commissioners hereby ap-pointed shall have all needful power and authority therefor, including the rearrangement of the interior of the present Powers or library building as well as the building to be erected. They - shall advertise for proposals for all work required for the erec- imiers. tion of said building and rearrangement of the present build- (lit-Let to ing and award the contract therefor to the lowest responsible lowest bidder. bidder or bidders, and they shall render their accounts of A,.,n expenditures, together with a full report of all their proceed-ami report ings, to the next General Assembly;. the accounts in the of eoIIIIII1S-sionere. meantime to be presented to the State Auditor for settlement. SAtamteii tm The acts of a majority of said commissioners shall be as valid as if agreed upon by all, and they shall be paid for their ser-thpi co111- vices a reasonable compensation to be allowed at the next nossionerm. session of the General Assembly. In case of a vacancy in the v"""ne' Board by a refusal to act, absence, sickness or otherwise, the Governor shall have power from time to time to fill such vacancy. MHY drnw SECTION 2. That the commissioners shall from tune time on Sale Treasuret r. have power to draw upon the State Treasurer for such sum LAWS OF DELAWARE. 5 OF THE PASSING AND PUBLICATION OF LAWS. or sums of money as they may deem necessary to complete the work; provided such sum or sums in the aggregate shall not exceed the sum of ten thousand dollars ($ro,000). SECTION 3. That the State Treasurer be and he is hereby ptuatty0 of authorized, empowered and directed to pay out of any moneys Treasurer. in the treasury not otherwise appropriated the sum authorized to be expended under the provisions of this act and present his vouchers to the committee appointed to settle with the State Treasurer in January, 1896, or to the next General Assembly. Passed at Dover, May 8, 1893. CHAPTER 3. OF THE PASSING AND PUBLICATION OF LAWS. AN ACT to revive and extend the time of Recording Private Acts. WHEREAS, By Section 3 of Chapter 4 of the Revised Statutes of the State of Delaware, it is provided that private statutes (namely, such as are not of a public nature or pub-lished as such) shall be recorded in the Recorder's office in one of the counties of this State within twelve months after their passage or they shall be void ; and WHEREAS, A number of the private and unpublished acts heretofore passed have been allowed to become void through ignorance of the aforesaid enactment ; therefore, for the purpose of relieving the parties interested of the embarrass-ments and disappointments arising from such neglect in the premises ; therefore 13e it enacted by the Senate and House of Representatives of the Slate of Delaware in General Assembly met (Iwo-thirds of each branch concurring therein): SEcTioN I. That all unpublished acts heretofore passed ct; void that have become void on account of not being duly recorded =a in compliance with the provisions aforesaid and that have not by special acts been repealed or become void by lapse of 6 LAWS OF DELAWARE. OF THE PASSING AND PUBLICATION OF LAWS. the time for which they were limited, be and the same are hereby severally renewed and 1.e-enacted, and together with the provisions therein contained are respectively declared to be in full force for the period mentioned in the original acts, and all acts and transactions done and performed under the uAncdtse dr ovnoeid provisions of said acts respectively shall have the same force acts made and effect, and be as valid to all intents and purposes as if valid. the said acts had been severally recorded according to law. Provided, that this enactment shall not take effect in the case of any act that has become void as aforesaid until a cer- Iy.hen ver- tified copy thereof, procured of the Secretary of State, shall tt,IfItrini, be duly recorded in the Recorder's office of one of the coun-recorded, ties of this State; and provided fur/her, that no such copy of a voided act shall be received for record after the expira-tion of one year from the passage of this act. SECTION 2. That this act shall be deemed and taken to be a public act and be published as such. Passed at Dover, April 2, 1895. LAWS OF DELAWARE. 7 TITLE SECOND. Of the Public Revenue ; and the Assessment, Collection and Appropriation of Taxes. CHAPTER 4. OF THE LEVY COURT A FURTHER SUPPLEMENT to an act entitled "An act authorizing the Levy Court of New Castle County to make a loan for the benefit of the Trustees of the Poor of New Castle County" passed March 30th, 1853. WHEREAS, The trustees appointed and acting under and Trustees of pursuant to the act to which this is a supplement and prior the benefit tho loan for supplements thereto which have been heretofore passed have g.7;orti4toer nearly concluded their labors and performed their duties as flak) prescribed in and by said act and supplements and will "'lb' shortly desire to render a final accounting of their trust; and WHEREAS, The details of their duties may require more time to conclude than is at present allowed them and there is no person or body expressly provided to whom their accounts shall be rendered and by whom their vouchers shall be audited and such accounts passed; and WHEREAS, There will likely remain in the hands of said trustees a sum of money which they will be unable to apply to the purchase or redemption of the bonds of New Castle county by reason of the non-maturity of said bonds (all bonds which have matured to this time having been paid and a considerable number of bonds not yet due having been paid before maturity); now therefore Be it enacted by The Senate and House (y. Refiresentatives of the Stale ql Delaware in General Assembly mei: SEcTiox 1. That the time limited by the acts above Time recited shall be and the same is hereby further extended 1bl-extend"' S LAWS OF DELAWARE. OF' THE LEVY COURT. the further period of two years, making fourteen years altogether from the passage of the original act to which this Santo is a further supplement, with the same powers and authority in the said trustees now acting, and, in case of the death of any of them, in the survivor or survivors of the said trustees which they now have and exercise with respect to their said trust created pursuant to said acts. And the said trustees or their survivors, or survivor, are hereby authorized and ,A""unts to directed to pass their accounts before the Chancellor, as other 00 Passe bofitrod trustees are now authorized and required, and the Chancellor Chaim,Ma% is hereby authorized to examine, apprOve, audit and allow their accounts in accordance with the usual practice in such cases, and allow each of said trustees who shall have served for the full period embraced in the said trust, the sum of six hundred dollars and a proportionate part of the sum of six hundred dollars to each trustee who shall have served but a portion of the said period, and the allowances made shall be in full payment of any and all services rendered under the t end or aforesaid trust. The said trustees are hereby authorized and A tht10 t.tiffn directed, when their final account shall so have been passed, 0,0, trust fund h. to turn over, transfer and pay to the Receiver of Taxes and Taxt.s. County Treasurer of New Castle county such securities and cash as shall by said account appear to remain in their hands F applicable to the said trust, * by the said Receiver of Taxes und hod and County Treasurer by him to be held in special trust to r pay or redeem so many of the bonds to which such funds in Tax,- the hands of said trustees would be applicable as the said funds, balance and securities will suffice to redeem and pay, and until bonds can be secured and fall (Inc to which said funds call be applied, the said Receiver of Taxes and County T.o.ed, Treasurer shall deposit the sums coming- into his hands in some bank or trust company at interest for the benefit of said fund and whenever said fund shall by redemption and pay-ment of bonds as aforesaid be reduced below the sum of one thousand dollars, such fractional sum, less than one thousand dollars, shall he transferred by the said treasurer to the general fund of said county. SEcrtoN 2. That all acts and parts of acts inconsistent herewith are hereby repealed. SEcrtuN 3. This act shall be deemed and taken to be a public act. i'assa a/ An'er, .1/arch 3H, 1111,111,1, LAWS OF DELAWARE. 9 TITLE FOURTH. Of Elections. CHAPTER 5. OF THE ELECTION 01: ASSESSORS. AN ACT to amend Chapter 30, Volume 17, Laws of Delaware, entitled "An act to provide for the Election of Three Assessors for Wilmington Hundred." Be it enacted by the Senate and House of Representatives of the Slate of Delaware in General Assembly met: SECTION I. That Section i of Chapter .30, Volume 17 tion 1., of the Laws of Delaware, entitled "An act providing for the `vV;; election of three assessors for Wilmington hundred" passed "'"e"'61. at Dover, April 6, 1883. be and the same is hereby amended by striking out all of said Section i of said act after the word "follows" in fourth line thereof and inserting in lieu thereof the following, to wit: "The first assessment district of said hundred shall consist of so much of said hundred is contained or comprised within the limits of the First, the,iii...,dhun- Second, the Fourth and the Eighth wards of the city of 1.,huft, Wilmington, as the said wards are now laid out, or as said wards, or either of them, may be hereafter extended or enlarged by act of the General Assembly. 'Pile second assessment district of the said hundred shall consist of so much of said hundred as is contained or com-'"'"""1. prised within the limits of the Third, the Fifth, the Tenth, the Eleventh and the Twelfth wards of the city of Wil-mington, as the said wards are now laid out, or as the said wards, or either of them, may be hereafter extended or en-larged by act of the General Assembly. "The third assessment district of the said hundred shall hi,i,,,c .consist of so much of said hundred as is contained or coin- third. X0 Assess-inent and eolleetions heretofore made. LAWS OF DELAWARE.. OF THE ELECTION OF ASSESSORS. prised within the limits of the Sixth, the Seventh and the Ninth wards of the city of Wilmington, as the said wards are now laid out or as the said wards, or either of them, may be-hereafter extended or enlarged by act of the General Assembly." SEcTioN 2. That all assessments now or heretofore made, and all collections of taxes, in any or all of the said assess-ment districts, are hereby made valid and legal. Passed at Dover, Afird J2, 1895. LAWS OF DELAWARE. II TITLE FIFTH. Of Certain Public Officers. CHAPTER 6. OF THE AUDITOR Or ACCOUNTS. AN ACT to amend Chapter 30 of the Revised Code. Be it enacted by the Senate and House of Refiresentatives of the Slate of Delaware in General Assembly met: SECTION 1. That Chapter 30 of the Revised Code of the pytel 30, State of Delaware be and the same is hereby amended as follows: oull'u Strike out Section i of said Chapter and insert in lieu there- amended. of the following: "There shall be in the treasury department an officer styled Auditor of Accounts, who shall be appointed dtii tor by the House of Representatives with the concurrence of the wHin" Senate and shall bold his office for the term of two years Term of from the fourth Tuesday of January in the year in which he"tnee. shall be appointed. In case there shall be a vacancy in the v.no.. office of Auditor of Accounts during the recess of the Gen-eral Assembly, whether such vacancy be occasioned by the omission of the General Assembly to appoint, or by the death, removal out of the State, resignation, inability or his failure to give bond with sureties, the Governor shall fill the now tined. vacancy by appointment to continue until the fourth Tuesday of January of the next biennial session of the Legislature." Passed at Dover, Afiril 19, 1895. LAWS OF DELAWARE. OF CONSTABLES. CHAPTER 7. OF CONSTABLES. AN ACT to repeal Chapter 45, Volume 19 of the Laws of Delaware. Re it enacted by the Senate and House of Representatives of the State of Delazeare in General Assembly met: SECTION I. That Chapter 45, Volume 19 of the Laws of Delaware, entitled "An Act providing additional Consta-bles" be and the same is hereby repealed. Passed at Dover, February 27, 1895. CHAPTER 8. oF NoTA RI is P1'13IJC. AN ACT to enable the Governor to appoint an additional Notary Public for Wilmington 'Hundred, Now Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met SECTION 1. That the Governor of the State of Delaware be and he is hereby authorized to appoint one additional Notary Public for Wilmington hundred, New Castle county. Passed at Dover, March S, /S95. LAWS OF DELAWARE. OF NOTARIES PUBLIC. CHAPTER 9. OF NOTARIES PUBLIC. AN ACT authorizing the Appointment of a Notary Public for the firm of E. I. duPont de Nemours and Company. Be it enacted by the Senate and House of Refiresenlatives of the State of Delaware in General Assembly met : SECTION. I. That the Governor be and he is hereby au- \otaiy. thorized to appoint a Notary Public for the firm of E. I.. hti; Porn t duPont de Nemours and Company, in Christiana hundred, (,te(Not..mours New Castle county and State of Delaware, whose privileges and duties shall be confined, except as provided in Section 3 of this act, to the business of the said firm and ally firm and firms bearing the same name, and immediately or mediately succeeding said first-named firm in the manufacture and sale of gunpowder and other explosives. SECTION 2. That the person so appointed Notary Public 9litle1- under and by authority of this act shall 'at the time of his """ appointment be an officer or employe of the said first-named firm; and if at any thne afterwards and during the period his commission as Notary Public would otherwise continue in force said appointee shall cease to be an officer or employe of said firm and shall not thereupon become an officer or employe of any succeeding firm bearing the same name and engaged in said business, and so with respect to any succeed-ing firm or firms bearing the same name and engaged in said business, his commission as Notary Public shall forthwith expire and be vacated, and the Governor shall appoint ;itealleY another person in his stead as Notary Public, who shall be at the thne of his appointment an officer or employe of the then existing firm of E. I. du Pont de Nemours and Company. SECTION 3. That the privileges and duties of any person appointed Notary Public under and by authority of this act shall extend to and include the business of the metnbers of the said firm of E. I. duPont de Nemours and Company and of any firm and firms bearing the same name and immedi-ately or mediately succeeding the said first-named firm in the manufacture and sale of gunpowder and other explosives. SECTION 4. That this act shall repeal all laws or parts of laws in so far as inconsistent herewith and be deemed a public act. Passed at Dover, May 6, 1895. 13 OF NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS. CHAPTER to. OF NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS. AN ACT to amend Chapter 30 of the Revised Code, of Notaries Public and Commissioners of Deeds. Be it enacted by the Senate and House of Refiresentatives of the State of Delaware in General Assembly met: Seetion SECTION I. That Section 6 of Chapter 36 of the Re- Chapter 36. Rmsea vised Code, of Notaries Public and Commissioners of Deeds, Code, 3,ded. be amended by adding after the word "dollars" at the end oaih,..c thereof, the words following, to-wit: "The oaths or affida-office it lel commis- vas of Notaries Public to perform the duties of their office with fidelity, duly signed and certified, and also the commis- Publ"" sions of such notaries, shall be recorded in the office of the remmis-sioners er Recorder of Deeds of the county for which they are ap- D,,,,a, te be pointed, and the like oaths or affidavits and commissions of all Commissioners of Deeds residing in other States shall be Where. recorded in the offices of the Recorders of Deeds for the sev- Provimo. eral counties of this State. Provided, that this section shall not take effect until six months after the passage of this act. Aet, net SECTION 2. That the official acts of any Notaries Public or invidianted tiiiltire Commissioners of Deeds shall not be invalidated by reason of such Notary or Commissioner having heretofore failed to "thei"hI" be sworn to perform the duties of his office with fidelity, but such acts shall be as valid as though said officer had duly taken such oath. Passed at Dover, Hay 7, 1895. 14 LAWS OE DELAWARE. 1..AWS OE DELAWARE. TITLE SIXTH. Of Religion, Public Education and Health CHAPTER OF RELIGIOUS SOCIETIES. SUPPLEMENT to Chapter 30 of the Revised Code, entitled "Of Religions Societies." Be 11 (waded by the Senale and House of Represenlaiives of the Slate of Delaware in General Assembly mel SECTION r. That any society or congregation of chris-tians heretofore incorporated under the act to which this is a '"vieties. supplement, or that may hereafter become incorporated under said act, may from time to time increase the number of trUS- Nenther tees not to exceed twelve, and may decrease the number to L',''"g7 not less than three by a vote of the society or congregation '1"11gea at a public meeting called for that purpose in the same man-ner as provided in Section 2 of the act to which this is a supplement, for the election of trustees, voting and counting the votes as provided therein. SEcTroN 2. If the society or congregation shall by a plurality of vote: of the members present determine to increase or di-minish the number of trustees, such fact shall be certified to emiukaito the Recorder of Deeds in and for the county in which such society or congregation shall have property, to be by him se""" Recorder. recorded in the deed records thereof, which certificate shall set forth the number of trustees heretofore contained in the act of incorporation and the number fixed by the meeting provided for by this act, and shall be signed by a majority of the board of trustees. The recorder shall receive the same fees now provided by law for like services. Passed at Dover, :Worth /3, 1895. 16 LAWS OF DELAWARE. OF R ELIGIOUS SOCIETIES. CHAPTER 12. OF RELIGIOUS SOCIETIES. AN ACT to incorporate "The Delaware Baptist State Mission Society." Be it enacted by the Senate and House of Representa-tives of Me Stale of Delaware in General Assembly met (hoc-Hunts of each branch thereof concurring): SECTION 1. That Omer G. Buddington. Washington neopora tors. Jones, William H. Gregg, Spenser B. Meeser, Harry Emmons, Frank Howes, James H. Appleby, Lawrence B. Jones, S. Hickman Hewett, Samuel H. Barker, William B. Adams, Benjamin C. Howell, William H. Whitenack and John H. Mulilhausen shall be and are hereby constituted a body politic and corporate by the name and title of "The Delaware Bap-tist State Mission Society"; and by that name and title they Powers. and their successors shall be known in law, have power t& sue and be sued, to defend and be defended, in all courts; and shall be capable of acquiring and receiving, by purchase, gift, devise, bequest, or otherwise, and becoming possessed of PropertY and holding or conveying any real or personal estate, not ex- !linked to sim000. ceeding the value of one hundred thousand dollars in the whole; and shall have succession for a period of twenty. years from and after the passage of this act, and also a common seal, with power to alter or renew the same at pleasure; and By- ws. may ordain or make such regulations and by-laws as shall be necessary or convenient for the admission of members, the election of officers, the convening and government of said corporation, and for conducting its affairs; provided, that the said regulations and by-laws be not contrary to the constitu-tion and laws of the United States or of this State, nor in-consistent therewith. SECTION 2. And be it enacted, That the said corporation !,1"'W shall not use its funds for any other than missionary or educa-tional purposes. SECTION 3. And be it enacted, That all the property, both 'erta n property or real and personal, belonging to or held in trust for any Baptist extinct so-to Church or Baptist religious society that has or shall become VeSt ill. extinct, shall vest ill and become the property of the said "The Delaware Baptist State Mission Society", and its suc-cessors and assigns ; and provided, that nothing therein con- LAWS OF DELAWARE. 17 OF FREE SCHOOLS. tamed shall affect the title to any Baptist Church or Baptist religious society that is held by any of the Baptist associa-tions of the United States; and provided that this iRtroyvritornes-t act shall not affect the reversionary interest of any person or not affected. persons in any such property. SECTION 4. And be it enacted, That all acts an4 parts of acts inconsistent with this act be and the same are hereby repealed, and this act shall be deemed a public act, and shall take effect immediately. Passed at Dover, March 26, 1895. CHAPTER 13. OF FREE SCHOOLS. AN ACT to amend an act entitled "An act Providing for the Appointment of a Superintendent of the Three Counties of this State." Be it enacted by the Senate and House of Representatives of Stale of Delaware in General Assembly met : That Chapter 67 of Volume 18 of the Laws of Delaware Vutptor (37, 111LT:10% be amended by striking out the words "and well qualified by 1.8, their mental and scholarly attainments for such office" ir4;;;Z,I,',:of Section 2 thereof between the words "character" in the freo schools. eighth line and "the" in the tenth line of said section, aud inserting in lieu thereof the words "and shall hold a certifi-cate of graduation from a reputable college, or an . unexpired certificate of the highest grade provided for by the laws of this State, and shall have had at least two, years' experience as a teacher in the public schools of this or some other State." Passed at Dover, February 16, /895 r8 LAWS OF DELAWARE. OF FREE SCHOOLS. CHAPTER r4. OF FREE SCHOOLS. AN ACT to amend Section 5, Chapter 611, Volume 19, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (Iwo-thirds of Section 5 each branch of the Legislature concurring therein): . Chapter511, Volume 19, SECTION r. That Section 5, Chapter 611, Volume 19, amended. Beard of Laws of Delaware, be and the same is hereby amended by oEfd Oucdaetsisoan inserting the words "four hundred" between the words public schools may "thousand" and "dollars" in the third line of said section. borrow $4(4). Passed at Dover, March 7, /895. CHAPTER 15. OF FREE SCHOOLS. AN ACT to amend Section 4, Chapter 602, Volume 19, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SCehcatpio. n6 042., SECTION r. That Section 4, Chapter 6o2, Volume 19, Volume 19. Laws of Delaware, be and the same is hereby amended by amended. Teacher's striking out the word "all" in the fifth line of said section seilgieneokd tiovbe after the form of teacher's check, and inserting in lieu thereof ao f mcoarjno-r ity the words "a majority of." "Ii"1"""N. Passed at Dover, April 6, 1805. LAWS OF DELAWARE. 19 OF FREE SCHOOLS. CHAPTER 16. OF FREE SCHOOLS. AN ACT to amend an act entitled "Of Free Schools" being Chapter 42, Revised Code (1874). Be it enacted by Me Senate and House of Representatives of the Slate of Delaware in General Assembly met: SECTION I. That Section 6, Chapter 42 of the Revised kentiVo Code of 1874, be and the same is hereby amended by striking 11011sed out the word "two" in first line and inserting the word alundea. ""dthisretrei"c t"i n inl ietuh irtdh earenodf ;f ouarntdh bliyn eisn saenrtdi ngb efaofrtee r tthhee wwoorrdd T!ih,ttrtei,ee sv or- "the" in fourth line the words "one to the auditor of itite etings accounts;" and also by striking out the words "the other" o he cute. in fourth line and inserting the words "and one" in lieu thereof. SAtuadtei tor. Passed at Dover, Hay 3, 1893. CHAPTER 17. FREE SCHOOLS. AN ACT to improve and promote the Colored Schools in this State. Be it enacted by the Senate and Howe of Representatives of ate Stale of Delaware in General Assembly met : SECTION 1. The official bond of the treasurers of each county shall be liable for the moneys received under this act; and the said officers shall be entitled to the same commissions 21",!'e"s"- for the application of the moneys coining to their hands under this act as for the application of county taxes. SECTION 2. That the sum of twelve thousand dollars be and $1.2.009 apt-the same is hereby appropriated annually from the schooll::;R:,',V3't,,, fund of the State, to be used solely for the purpose of paying-:,;11,;`,'.14"ut the salaries of the teachers and meeting the other running'd""6. 20 LAWS OF DELAWARE. 1 OF FREE SCHOOLS. DhItil expense of the coloxed schools of this State; said amount to 1 e'll"diY be divided equally among the three counties of the State, ?nowt and to be paid by the State Treasurer to the County Treas-urers on or before the first day of October of each year. S31100 np- , SECTION 3. That the sum of three thousand dollars be nronrinen annuallt y and the same is hereby appropriated annually from the school fund of the State to be used solely for the purpose of hout,, erecting, enlarging or repairing the buildings to be used as test colored school houses throughout this State and for furnish-voloror mg- free text books for said school.s, said building and text book fund to be divided into three equal parts, one of the said parts to be applicable to school buildings and text books in New Castle county, one other of said parts to school buildings and text books in Kent county, and the remaining part to school buildings and text books in Sussex county;. said sum of one thousand dollars to be paid by the State Treasurer to each of the County Treasure.rs on or before-the first day of October of each year. SECTION 4. The County Superintendents shall have the en-w tire management, control and supervision of the colored schools of this State. The Comity Superintendents shall decide upon the location of the colored schools, shall adopt rules for the thorough and systematic examination of all persons who may apply to teach, and appoint only such per-sons as teachers as are fully qualified in point of character and scholarship to fill the places. They shal/ in August of T. prumrl each year prepare an estimate and submit it to their re-spective County Treasurers showing the number of schools itia,n nnly and the location of each, the length of term and the amount tren,uror. ot money required for and applicable to each school in their respective counties. In preparing this estimate it shall be the duty of the Superintendents to apportion to each school an equal amount from the sum coming to each county from the State appropriation of twelve thousand dollars ; and furthermore, they shall equalize as nearly as possible the idore,1 , monthly allowance to each school in the county. The full thx,, amount collected in any comity from the colored school taxes shall be expended in that county, but the length of the term of each school, and the amount to be paid from the school tax fund to each school, shall be as the County super-intendents- shall respectively determine, according to the , very right of the matter. The Superintendent shall draw -,..irottlxi monthly upon the County Treasurer for the money due for lwa,-"the running expenses of the schools ; and the amount col- LAWS OF DELAWARE. 21 OF FREE SCHOOLS. lected in Wilmington hundred as colored school tax shall tioronidV ont-o be paid annually in April, by the County Treasurer of NewiNiilitisuttrior .Castle county, to the treasurer of the Board of Public Edu- ill wu-cation in Wilmington. mington. SECTION 5. The three County Superintendents shall act i'',20,1:,-, jointly as a building board, and to them shall be left the dis-imt,ly to tribution and expenditure of the amount applicable as a repair upon building fund under Section 3 of this act. They shall de-s',7,`,',;;;"1"f termine where repairs and alterations shall be made, and also,':"1,1;,e4,11V provide for the erection Of new school buildings where deemed it,le.:111c-it b necessary. The amount to be appropriated ma each locality 00,T001 and the further matter of the contribution on the part of thed'rlet. .colored people of any part of the expense shall be fixed by them. The amounts required for building purposes shall be paid by orders drawn by the respective County Superinten-es"1"V' haw papl. .dents- on the respective County Treasurers. The Superin-tendent shall, as required, order text books for the different 1,1goikrse,a how schools by orders on the County Treasurers and the latter officers shall purchase and furnish the same, charging the Treasurers .cost to the building and text book fund; and such rules and ;,',';1".,1:"""" regulations shall be made by the Superintendents as shall be necessary for the preservation and safe keeping of the text i;r,ne, ory,i-t ) text books from term to term. book. Each County Treasurer shall receive as a compensation for his services in disbursing the funds intrusted to his care tion 1,, -under the provisions of this act the sum of sixty dollars per :4r4eitit'sti:rer. .annum to be deducted from the building and text book fund. The County Superintendents shall give personal supervision $tii It-to the schools, and they shall not authorize or deputize other gir. Per-persons to -discharge their duties in connection with said =2.'- .colored schools In the month of June of each year the State Auditor shall 'settle with the County Superintendents, who shall render a 11...ith full account both in the erection and repair of school houses and the support and maintenance of the colored schools. SECTION 6. That all acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. Passed al Dover, ,Way 7, 11u195. 22 LAWS OF DELAWARE.. OF FREE SCHOOLS. CHAPTER 18. OF FREE SCHOOLS. AN ACT entitled "An net providing for the purchase and display of the United States Flags in connection with Public School Buildings of the State." Be it enacted by the Senate and House of Refiresentatives. of Me State of Delaware in General Assembly met : u.s.tiug, SECTION t. That the Board of Education or School COM-missioners in the several cities and in each and every single, dktriet awl united or incorporated school district of this State shall anct hiyea hereby are authorized to purchase a United States flag,. during which shall not be less than eight feet long and six feet wide, hours. flag staff and necessary appliance S therefor, and shall display said flag upon or near the public school building in said cities or districts during school hours and at such other times. as to the said boards or commissioners may seem proper. SECTION 2. That this act shall take effect immediately,. and that all acts or parts of acts inconsistent with the same are hereby repealed. Passed at Dover, January 31, 1895. CHAPTER 19. OF FREE SC HOOLS. AN ACT for the Relief of School District No. 103, New Castle County. WHEREAs, The Levy Court of New Castle county having created a new or additional district now known as District No. 103 from Districts Nos. 54, 55, 56 and 45; and Wt/P.REAs, The said Levy Court having no authority to grant the right to borrow money in the name of the cis- te LAWS OF DELAWARE. 23 OF FREE SCHOOLS. trict to purchase a plot of land and erect thereon a suitable building in which to hold a public school; and WHEREAS, It became necessary for the commissioners of said district to borrow the money and give bond for the same in their individual names; therefore Be it enacted by the Senate and the House of Refiresen-tatives of the State of Delaware in General Assembly met : SECTION I. That for the purpose of raising the funds necessary to pay the money borrowed, with the accrued inter-est, according to the said bond, the said school commissioners of said school_ district, or their successors in office, are hereby authorized, empowered and required to annually levy and collect, or cause to be collected, as now provided by law, in addition to the amount now required to be raised for general school purposes, such sums as shall be necessary to pay each annual installmet4 on the amount borrowed, with the inter-est on the whole sum unpaid; firovickd, however, that in no one year the said school committee shall levy and collect, or cause to be collected, for this purpose, more than one hun-dred and fifty dollars. SECTION 2. That this shall be deemed and taken to be a public act. Passed at Dover, February 16, 1895. CHAPTER zo. OF FREE SCIIOOLS. AN ACT to renew and re-enact an act entitled "An act to establish a Board of Education for the City of New Castle, and to incorporate the Same, and for other Purposes" Passed at Dover, March 10th, 1875. Be it enacted by the Senate and House of Refiresentatives of the Slate of Delaware in General Assembly met (two-thirds of each branch concurring therein): SECTION I. That the act entitled "An act to establish a 1,jiti lc; sgt a br Board of Education for the city of New Castle, and to incor-porate the same, and for other purposes" passed at Dover, March Toth, 1875, and the several amendments and supple- flowed and re-onactod. Additional school taxes authorized to be levied and col-lected. Limited to $150. 24 LAWS OF DELAWARE. OF FREE SCHOOLS. ments thereto, be and the same are hereby renewed and re-enacted, and the corporation thereby created, with all the privileges, rights, franchises and powers granted by said act and the several amendments and supplements thereto, shalt have succession and continuance in force until revoked by the Legislature. SEcTroN 2. This act shall be deemed to be a public act and for public improvement. PaSSed af Dover, .11a rch 9, zS. CHAPTER 21. OF Fit KE SCE0)01.5. AN ACT to consolidate and incorporate United School Districts Nos. 21 and 07 in New Castle County. Be I./ (waded by the Senate and House of A' eprese lila/ Ives of I he 19a le af Delaware in Genera? A sse /dr met (1 wo.. 1 irds each bra //eh the're/Y. CM/ ellrri UP: SECTIuN r. That from and after the passage of this act Do,fie in- School Districts Nos. 21 and 97 in New Castle county shall, by the boundaries of said districts as now established, be consolidated and incorporated under the name and style of "Newport Public Schools" and shall be governed by a Board of Education consisting- of three members, as follows, joSepil W. H. Watson, Thomas l). Lyntun and Francis T Jones, who shall serve until their successors shall be elec-ted as hereinafter provided, and that under the name and style aforesaid the said board shall be a bode corporate and shall have full power and authority to establish and modify, from time to time, a system of education for the children of school age within the above-named consolidated districts; to makes rules, for their own government and the government of the scholars and teachers under their superintendence; to adopt a corporate seal; to elect, as soon after the passage of this act as practicable, one of their own members as presi-iiiid dent, and one as secretary and treasurer of the board. LAWS OF DELAWARE. 25 OF FREE SCHOOLS. The secretary and treasurer shall give bond for the faithful Secretary performance of his office in such amount as the board may .deem sufficient. The board shall also have power at any time to fill such Vuennui"- vacancies as may occur until the regular time for holding school elections in this State. SEcTroN 2. The first election under this act shall be held on the last Saturday in June next, 1895, at which time one per- I " ""1 son shall be elected to serve for the term of one yearcro,f one person to serve for the term of two years, and one;',1,1,1;;e4, f person to serve for the term of three years, as members lint. of the Board of Education aforesaid, and all vacancies caused by expiration of the term of office or otherwise shall be filled at the annual school election to be held thereafter at the time and according to the provisions of the school laws of the State of Delaware, and on the Monday following each Tinto annual election the Board of Education shall meet and organize as provided by Section x of this act. "rganiza - 11.M. SECTION 3. That the tax payers shall determine at each Mnt annual election the amount of taxes, provided it is not in-consistent with the school laws of the State, which will be necessary to be levied, in addition to the dividends now 11....1,1 received by each of said districts out of the school fund the State apportioned to New Castle county for the mainte-nance of schools in said consolidated school district, and that the Board of Education shall have all the powers conferred utlo.r. upon the commissioners of other districts for the collection of taxes, and shall have the right to draw the dividends due from the State as drawn by other districts consolidated in like manner.- SECTION 4. That for the purpose of providing new and bet- it ter school accommodations it shall and may be lawful for thel::";7""Y Board of Education aforesaid to dispose of the old school- 1--1"t house of said united district at either public or private sale, as they may think best. and to purchase a new lot and build a schoolhouse thereon, or repair and build to the schoolhouse'ili:::;-1V.L.' already built; and for the payment of the same the said Board of Education is hereby further authorized and em-powered to borrow any sum of money which in their discre-:!.":I,1:;.V,I,',4 non may be needed, provided the whole amount borrowed"' shall not exceed the sum of seven thousand dollars. SECTION 5. That for the purpose of securing to the loaner 11.:..t Apr loaners the payilient of the moneys so to be borrowed under 26 LAWS OF DELAWARE.. .11 lewh reheenied each year. taxe:, may he amle.h Arlper. Hq11111. ileneral 10.1 law applkahle. OF FREE SCHOOLS. the provisions of this act, with interest thereon, the Board of Education of "Newport Public Schools" is hereby further authorized and empowered to make, execute and deliver to the said loaner or loaners, the coupon or registered bonds of the said "Newport Public Schools" in such denominations as they may think proper; which bonds shall be signed by the President of the Board of Education and sealed with the corporate seal and attested by the secretary thereof, and shall bear interest, not exceeding six per centum per annum, and shall be redeemable in one year, at the option of the board, and payable in twenty ycars from date. 31,,,tpLwe The said bonds may be further secured by a general mort-gage of any or all of the real estate owned by the said United School Districts Nos. 21 and 97, at the time of the execu-tion thereof; which said mortgage shall be signed by the cut,d. President of the Board of Education, sealed with the corpo-rate seal and attested by the secretary thereof, and shall pro-f. vide the right to issue se/re Mc/as in sixty days default of payment of any principal or interest after the same shall have become due; the said bond or bonds may be with or without warrant of attorney for the confession of judgment. Not less than two hundred dollars of said bonds shall be redeemed each year. SEcTioN 6. That for the purpose of raising the funds ne-cessary to be borrowed under this act, with the interest thereon, and the expenses of procuring this act, the said "Newport: Public Schools" is hereby further authorized and empowered. to assess, raise and collect, as' now provided by law, within. the said United School Districts Nos. 21 and 97, in -addition to the amount authorized to be raised by the voters at any school election, and in addition to the dividends received from the State as aforesaid, such further sum or Sums of money as. shall be necessary and sufficient to meet the interest on the money authorized to be borrowed under this act, and to pay the principal as the same shall mature. SEcTIoN 7. That this act shall be deemed and taken to be-a public act, and shall be perpetual, and all laws of this State applicable to free schools, and not inconsistent or in conflict with the provisions of this act, shall be applicable to the said consolidated districts. PaSSeli RI Dover, April 3, 1895. LAWS OF DELAWARE. 27 OF FREE SCHOOLS. CHAPTER 22. OF FREE SCHOOLS. AN ACT to authorize the Board of Public Education of Marshallton School Districts, Nos. 77, 99 and 99%, in Neiv Castle County, to Borrow Money. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch concurring): SECTION I. That "The Board of Public Education of marshau- Marshallton" embracing United School Districts 77, and 99Y:, in New Castle county, is hereby authorized and $1000,14 empowered to borrow money to an amount not exceeding the ,`;',.,`Va: sum of one thousand dollars, for the purpose of paying for erection and furnishing of the new schoolhouse i n said united district, and the said board shall have full power and authority to make, execute and deliver its bond, or bond andL1:11/1(.1.\`.'"' mortgage, to secure the payment of the sum or sums so bor-rowed. SEcTioN 2. That this act shall be deemed and taken to be a public act. Passed at Dover, April 29, 1895. 28 LAWS OF DELAWARE. OF FREE SCHOOLS. CHAPTER 23. OF FREE SCHOOLS. AN ACT to consolidate School Districts Nos. 99, 104 and 1S7 in Sussex County, and for other purposes. Be it enacted by the Senate and House of Reibresentalives of the Slate of -Delaware in General Assembly met (two- Mirds of each branch of Me Legislature concurring therein): 1)6" SECTION I. That School Districts Nos. 99, 1.64 and 187, t HOS 164 Wi in Sussex county, as now bounded or as they may hereafter be bounded, be and they are hereby consolidated and united, and they are hereby incorporated into one consolidated dis- Mutthgva trict, to be governed and managed by a Board of Education, by Ilionnl vdenri,, consisting; of five members, to be elected as hereinafter provided. SECTION 2. That from and after the passage of this act there shall be established in and for said consolidated dis- .stYierr- tricts a Board of Education to be styled "Bethel Public in.jeet. Schools", whose design and purpose shall be the direction, man-agement and superintendence of the education of the youth ,., in said consolidated districts between the ages of six and twenty-one years, and generally to do all other matters and things necessary to carry into effect the provisions of this act. IeuI .r SECTION 3. That the following named citizens of the said consolidated districts, viz: John M. C. Moore, James B. Con-oway, William J. Hopkins, James H. Wright and Harvey L. Spicer, and their successors, as hereinafter provided, shall constitute the said board, and under the name and style aforesaid shall be and they are hereby created a body politic and corporate for the purposes aforesaid, and as such shall have full power and zuithority to devise, establish and modify from time to time a plan and system of education for the youth between the ages aforesaid in the said consolidated districts, and to superintend the same ; to appoint, suspend and remove teachers, and provide school houses; to make by-laws, rules and regulations for their own government and for the government of the teachers under their superin-tendence; to designate and elect officers of the said board, and to fill vacancies, in any manner caused, until the next election for members of the board; and to take, acquire, re- LAWS OF DELAWARE. 29 OF FREE SCHOOLS. ceive, hold and enjoy, for the purposes aforesaid, moneys and real and personal estate, by bargain and sale, gift, grant, contract, devise or bequest; and that they, as such body cor-porate, by the name and style aforesaid, may sue and be sued, plead and be impleaded, complain, answer and defend in any court of law or equity in this State or elsewhere, and have and use a common seal, with power to alter or renew the same at pleasure; and shall generally have and possess all the rights, powers, privileges and franchises incident to a corporation, and necessary and convenient for carrying out the purposes of this act. SECTION 4. That the persons named as corporators in hislun1ber rd. act shall constitute the Board of Education until the last Saturday in June, A. D. one thousand eight hundred and ninety-five, or until their successors are duly elected and qualified. The first election for members of the Board of Education shall take place on the last Saturday of June, First elee- A. D. 1895, at which two persons shall be elected to serve tion ttr menthe rs for the term of one year, two for the term of two years, and itinim one for the term of three years, and on the last Saturday in Tom. June annually thereafter to fill vacancies caused by the limi- Annual tation to the terms of office prescribed, or in any manner election on Inst whatsoever. The election shall be held in the afternoon, dn, inJuno When held. the polls opened at one o'clock, or within thirty minutes thereafter, and closed at four o'clock. The members shall Nocoinlool-not receive pay or emolument, nor be allowed any cow pen-sation for their services, except the secretary, who may be Board. SecretarY allowed an amount not exceeding twenty dollars in any one inity be year, at the discretion of the board. The board shall elect =II-one of their number president, who shall be the presidingi,,,,wia officer of said board, and shall also elect a secretary and a treasurer, who may or may not be a member or members of 13"ml said board. The offices of secretary and treasurer may be held by the same person. The board shall appoint the place of holding the annual or any special election, and give notice thereof ten days previous to the time of holding said ',111,11.:ril " election by handbills, under the signature of the secretary of ;4ction. the board, posted in five of the most public places of the said mirit, t consolidated districts. A majority of the votes legally cast at said election shall be necessary to elect, and the election shall be held in conformity to the general school laws of the,tolitTir State and certified to as thereby required. A majority of the e ion n board shall constitute a quorum at meetings of said board. crt Hien tion SECTION 5. That all the property, real and personal, and norulti. lielle1111 IPOWCFS. rut Board tuxes for selt,...1 war- SECTION 7. That it shall be lawful for the said Board of Education to levy and collect, in like manner as school taxes are now or May hereafter be levied and collected, such sum of money as shall, in their judgment, he sufficient to carry on the schools in said consolidated districts, and also such 30 LAWS OF DELAWARE. OE FREE SCHOOLS. Pldroperty (xall unpaid taxes belonging to any of the said school districts o triet:; to be hereby consolidated, shall belong to and become vested in vested in new district the said consolidated district hereby incorporated, and that Power t(,the said Board of Education shall have power and authority eenyroperty to sell, either at public or private sale, and either for cash or belonging to districts upon credit, as they may deem best, and to convey by good bereV COD. and sufficient deed or deeds any real estate now belonging to any of the said districts hereby consolidated and to apply Proveeds, the proceeds of said sale or sales to the purchase of a site for and the erection of a new school building for said con- Mord t solidated district. And the said Board of Education is purchase sin. mid hereby expressly empowered to purchase a site within the limits of said consolidated district and to erect thereon a suitable school building for the use of the said consolidated district; provided, that in case they are unable to purchase av-quired I*. said site, and should have to appeal to the Levy Court to irmot. site appoint commissioners to select a site, said commissioners so a1c4,r1e1s .f iVI. appointed shall have and are hereby given power to select a site not exceeding five acres in quantity. SEcrIoN 6. That it shall be lawful for the said Board of 11.4. inotiry Or uanipd , Education, and they are hereby expressly authorized and em- taxes o,' divi.lool powered to use, in the purchase of a suitable site and the erection of a school building thereon, any money or moneys of that may prop,rty, be in the hands of any of the officers of any of the districts hereby consolidated and any taxes now unpaid, ,NIHY 1.mw and to borrow a sum of money which, together with the )11..11CY. surplus money and unpaid taxes and the moneys arising from the sale or sales of the real estate of the districts hereby consolidated, as hereinbefore authorized to be made, shall be equal to the entire cost of the said site and building so tii \ authorized to be erected thereon; provided, however, that the P1,11 sum so borrowed as aforesaid does not exceed the sum of three thousand dollars, and the sum so borrowed shall be ,1111.11 mid made payable in twenty equal annual installments, and be pmd. secured 13y bond, or bond and mortgage, bearing interest at the rate of six per centum per annum, which said bond, or bond and mortgage, shall be signed by the president of the said Board of Education and attested by the secretary, and have the common seal of the said corporation thereto affixed. LAWS OF DELAWARE. 31 OF FREE SCHOOLS. additional sum of money as will be sufficient to pay ofT the annual interest and installments mentioned in Section 6 of this act; firovided, that the sum so raised for the purpose of Not exceed. carrying on the schools as aforesaid shall not exceed the sum ing $500 of five hundred dollars in any one year. annually. SECTION 8. That each member of the Board of Education, and each officer by them appointed, before entering upon i(Lif boarldIs) the duties of his office, shall take an oath or affirmation to Jtaku zath of perform the same diligently and faithfully, according to the best of his knowledge and judgment. Such oath or affirma- BF whew tion may be administered by the president or any member of ViV said board, as well as by any officer authorized by law to administer oaths. SECTION 9. That the treasurer, before entering upon the Treasurer duties of his office, shall give bond to said board, with suffi-L'Zilv.° .cient surety. for the faithful application of all moneys which may come into his hands as such treasurer. SECTION to. That this act shall be deemed and taken to be a public act. Passed at Dover, March 6, 1893. CHAPTER 24. .0IP FREE SCHOOLS. A SUPPLEMENT to the Act entitled "An act to establish a Board of Education for the Town of Lewes, and to incorporate the Same and for other Purposes" being Chapter 53, Volume 15, Delaware Laws. Be it enacted by the Senate and House of Representatives of the Slate of Delaware in General Assembly met, as SECTION 1. Every part of the original charter of said An itws Board of Education, and of the supplements thereto, now in .force, as wsell all and every the provisions of all and every ill!iir=1 32 LAWS OR DELAWARE. renewed and ex-tended fr 20 years. OF FREE SCHOOLS. the acts of the General Assembly of the State of Delaware as are now in force, whereby any right, power, franchises, privilege or immunity is granted to or vested in the said corporation, be and the same are hereby extended and con-tinued in force for the period of twenty years from and after the eighth day of March in the year of our Lord one thousand eight hundred and ninety-five, and the said cor-poration shall, during the said term, have, hold, enjoy and possess all and every the franchises, powers, rights, priv-ileges and immunities which are now vested in and enjoyed by the said corporation by any law of the State of Delaware. SEcTIoN 2. That this act shall be deemed and taken to be a public act. Passed al Dover, .1Iareh 26, 1S95. CHAPTER 25. or FR xv, AN ACT to enable United School Districts Nos. 44 and 150, Sussex County, to secure a School Lot and Title to the same. W II ER EAS, It appears that United School Districts Nos. 44 and 15o, of Sussex county, has no title to the land upon which the school building now stands nor to the school lot formerly used and occupied as a school lot, and that the owners of the lands refuse to sell and convey the 3aine ne-cessary for the needs and uses thereof; therefore Re ii (Waded by Me Senale and /louse of Represeillalives [of Me Slale of Delaware] in General Assembly mel, as .fidlort's. 1"lier SECTION r. That Isaac N. Fooks, John C. Rodney and I.ifo Thomas S. Lambden, freeholders, are hereby appointed missioners and authorized to locate and select a site for a school lot in said school districts of itot less than one nor more than two acTes, the same to be so fixed and located so as to embrace or include the schoolhouse as the same is now fixed and located in said districts. And at the same time LAWS OF DELAWARE. 33 3 OF FREE SCHOOLS. and place they shall assess the damages of the owner or owners, making the same at least the cash value of the land taken, and they shall certify their award to both parties, iTzegoty owners and commissioners of said United School Districts, parties. whereupon upon payment of the damages so assessed the said land so taken shall become and be the property of the said United School Districts for the purpose aforesaid. SECTION 2. That in case any such owner or owners of said DainageS lands so selected be a minor, or non-resident, or from any 11,1,Z,,ieTid cause incapable of receiving, or unwilling or neglecting to When. receive, the said damages, the said school commissioners may deposit the same, to the credit of such owner or owners, in the Farmers' Bank of the State of Delaware, or any branch, thereof, and such deposit shall operate as payment. SECTION 3. That the commissioners appointed by this act site to he' shall, after they have condemned or selected a site as afore- snitlirorV said, have the same surveyed, a plot thereof made, represent-ing the courses and distances, and attach or append the same recorded.. to a written report to be by them made,of their proceedings, and file the same in the office of the Recorder of Deeds, there to be by him recorded. SECTION 4. That the school commissioners of said United p,,,o,. School Districts shall levy a separate and distinct tax upon und all the taxables of said United Districts, and in the same ::(Z1,-Wei1to manner as school taxes are generally assessed, for the pur-,b",','"="' pose of paying the award for damages and the necessary ex-penses ii ncurred by virtue of this act. SEcTioN 5. That the commissioners appointed by this act are hereby authorized to administer to each other the h1' oath to perform their duty with fidelity. oat to eachh other. SECTION 6. That this act shall be deemed and taken to be a public act. Passed al Dover, Afirif 12, 1895. 34 LAWS OF DELAWARE. OF FREE SCHOOLS. CHAPTER 26. OP 1,12.I.;h; SCHOOLS. AN ACT to create an Additional School District in Sussex County, Delaware. Be it enacted by Me Senate and House q je Representatives of the State of Delaware in General Assembly mei : SECTION I. That there shall be and hereby is laid off from edriesatlrv".,, . School Districts Nos. 71 and 138, of Sussex county, the fol- lowing parts included within these lines, to wit: Beginning at the point on the Delaware Railroad south of Cannon's Station, where said railroad intersects the branch leading to the mill pond of M. W. Hearn; thence in an easterly, north-erly and westerly direction, following the run of said branch until it strikes the Delaware Railroad north of said Cannon's Station; thence crossing said railroad in a westerly, southerly and easterly direction with a line which includes the farms of Burton Layton, lately deceased, James Friedef, Charles Friedef, John B. Allen, J. Wilber Allen, John T. Wootten, and lands of others, to the place of beginning, and the parts included within the said limits shall be a separate school dis-om- trictthat is to say, School District No. 1381,' in Sussex countyand shall have and enjoy all the powers and privi-leges of an original school district in Sussex county, and all the laws of this State applicable to the school districts of the State generally shall apply to the said district No. t381.;, so ,, , appli,n1.1.., lam ou Sv.crioN, 2. And be el /nriher eImaettr, That the school ineo, th--t voters of the said district shall meet on the first Saturday in sani,,u, June next at the storehouse of H. C. Adams and choose a clerk to serve for three years, and two commissioners, one to ,. tsheervire sfuocr cetwssoo rs. eaarres daunlyd eolneec tetod , saenrdv em faoyr doon ea ndy epaerr, foorrm u anntiyl other act or acts that the- voters of any school district in said county may lawfully do. 4,they. SECTION 3. 4nd be it further enacted, That said commis-sioners so elected shall be authorized ond empowered to select .'ket'it" a site and build a schoolhouse for said district not to cost .0.4 him over three hundred and fifty dollars and for that purpose shall :!;:!.:X.: levy a tax over and above the amount now required by law, to LAWS OF DELAWARE. 35 OF FREE SCHOOLS. be raised in the following manner, to wit: One hundred m,,.1. dollars thereof the first year, and fifty dollars each succeed-= ing year until said schoolhouse is paid for; and shall also be meet same, authorized and empowered to execute and deliver, as commis- iay I. mrrotv sioners of said district, for the purpose of obtaining the money to build said schoolhouse at once, a judgment bond for the amount required, not exdeeding_the amount hereinbefore men-tioned as the cost of said schoolhouse. Said bond to be a 1,1',`ivrt,,I. lien on said schoolhouse and to be payable on terms in accordance to* the provisions for the levying of the tax for the building as hereinbefore provided for, and said bond is only to be a lien against said district and not against the parties sign-ing it as commissioners. SEcTios 4. And be ityltrther enacted, That the Secretary 1,.ty of State be and is hereby directed to notify the Clerk of the Peace of Sussex county of the passage of this act. Passed al Dover, 19, IS95, C II A I-"rER 27. OF FREI: SCHOOLS. AN ACT for the relict of United School Districts 125 and 171 in Sussex County. Be' I./ (waded by the Senate and House of ty5resenialives Of Ike f!I Pe/aware in G rueral .-Issemb/v mel; Samos i. That the school committee of United School Ditthicts Nos. 125 and iji in Sussex county, or their sue-cessors in office, be and they are hereby directed, authorized ;,';;;;",0 and empowered to dispose of the old schoolhoues of the said United School Districts to the highest bidder at public sale, and to erect and build or cause to be erected and built in the place thereof and on the same lot of land and premises a suitable new school building tor the use of the said United School Districts, at a cost not to exceed the sum of eight oo,t not hundred dollars in addition to the moneys that may be derived from the sale of the said old schoolhouse. (into', to proem IN Or It house. * So eundled. 36 LAWS OF DELAWARE. OF' FREE SCHOOLS. IMta ye bxocerreodw- furStEhCeTr IOaNu th2o. rizTedh aat ntdh ee msapiodw escrehdo otlo cboomrrmoiwtt eea nyis shuemr eboyf jug $SNL money, not exceeding eight hundred dollars, for the purpose of carrying into execution the provisions of Section i of this act, and are hereby further authorized to borrow the same at one time, or at different times in different sums, of one or more individuals; firovided, that in the whole they shall not borrow more than eight hundred dollars for the purpose aforesaid. Loan, how secured. SECTION 3. That for the purpose of securing to the loaner or loaners the payment of the money so to be borrowed under the pros isions of this act, with the interest thereon, the said committee is authorized and empowered to make, execute and deliver to the loaner or loaners the bond or bonds or a mortgage or mortgages upon any or all -the real estate owned by said United Districts at the time of the exe-cution thereof, which bond or bonds or mortgage or mort-gages shall be signed by the school committee and shall be sealed by * the seal of the said United School Districts here-inafter provided for; such bond or bonds or mortgage or mort- Nynble in gages shall be made to become due and payable in eight Himithl equal annual instalments, and the accrued interest on the 't"linent. whole sum unpaid, and shall bear interest at any rate not exceeding six per centum per annum. m1m"Yit i"olmicd " SECTION 4. That for the purpose of raising the funds taxes h. necessary to pay the money authorized to be borrowed by nivel pay-mcnt, this act, with its interest, the school committee of the said United School Districts is hereby authorized and empowered to levy, raise and collect in each year, as now provided by law, in addition to the amount required to be raised tor gen-eral school purposes, such sum as shall be necessary to pay each annual instalment of the amount which shall be bor-rowed under this act, with the accrued interest on the whole sum unpaid. SECTION 5. That to enable the said school committee to properly execute the bond or bonds, mortgage or mortgages, contemplated by this act, the said committee is hereby au- Seal thorized and required to procure a common seal with the device "United School Districts Nos. 125 and 171 in Sussex County, Del.", thereon marked or engraved, which seal shall be affixed to the said bond or bonds, mortgage or mortgages, at the time they are executed. So enrolled. LAWS OF DELAWARE. 37 OF FREE SCHOOLS. SECTION 6. That the proceeds of the sale of the old pro.,,,,,cis of schoolhouse now belonging to the said United School Dis- of old tricts shall be applied to the payment of the cost of erecting to be said new schoolhouse or to the payment of the money bor- "olfi ende wto. e't rowed under this act. SECTION 7. That this act shall be deemed and taken to be a public act. Passed at Dover, April. 23, 1895. CHAPTER 28. OF FREE SCHOOLS. AN ACT [to] transfer the farm of John Soreath from School District No. 103, New Castle County, to School District No. 03, same County. Be it enacted by Me Senate and House of Representatives of the State of Delaware in General Assembly mel Farm a of SECTION i. That the farm of John Soreath, now situated ,11,..1,1,tli in School District No. 103 in New Castle county, be and P,?`:,TiZed the same is hereby transferred from said district No. 103, and f:=03 shall hereafter constitute a part of school district No. 92 in No. n2. said county. SECTION 2. That from and after the passage of this act the aforesaid farm shall be assessed for school purposes in the said School District No. 92 of New Castle county. SECTION 3. That this act shall be deemed and taken to be a public act. Passed at Dover, April 15, 1895. lie it enacted by the Senate and House of Representatives of the Shrie DelaWare in General Assembly met.. nit ,Fr .i1trLvw,,,. K. SECTION 1. That the farm belonging to James H. Barcus,. tritm4rvriT41 situate in School District No. 38, Kent county, shall here-alterbe and form a part of School District No. 120, in Kent: I., No. 1;!o. 38 LAWS OF DELAWARE. OF FREE SCHOOLS. CHAPTER 29. OF FREE SCHOOLS. AN ACT to transfer the farm of Helen M. Stout from School District No.. 35 to School Districts Nos. 04, 128 and 127, Kent County. Be it enacted by the Senate and House of Representatives (?/- Me State of Delaware in General Assembly met Fun,. od' SECTION i. That the farm of Helen M. Stout, now in. Helen M. the limits of School District No. 35 in Kent county, be and somt the same is hereby transferred to and shall hereafter form a. part of School Districts Nos. 94, 126 and 127 in Kent county aforesaid; and the said Helen M. Stout, and all and awil:27. every other person or persons residing on the said lands, or who may hereafter reside thereon, shall enjoy all the advan-tages and privileges and shall be subject to all the duties and liabilities of taxables of said School Districts Nos. 94, 126 and 127 in Kent county, and they are hereby relieved and discharged from the same in School District No. 35 in Kent county. SECTION 2. That this act shall be deemed and taken to. be a public act. Passed at Dover, March 1, ay.; CHAPTER 30. FREE SCHOOLS. AN ACT transferring the farm now belonging to James E. Darcus, and sit-uate in School District No. 38, in Kent County, from said District No. 38' to School District No. 120, in said County, comity aforesaid; and all and every the persons residing on the said land and farm herein mentioned, and all persons who may hereafter reside thereon, shall enjoy all the advantages and privileges, and that the said James E. Barcus and the person or persons hereafter owning said land and farm, or living on the same, shall be subject to all the duties and liabilities of taxables of said School District No. 120; and further, they are hereby relieved and discharged from the same in said district No. 38, in Kent county aforesaid. SECTION 2. This act shall be deemed and taken to be a public act. Passed al Dover, April 16, 1895. CHAPTER 31. OF FREE SCHOOLS. AN ACT transferring the house and farm of Wm. W. Taylor from School District No. 72, in Kent County, to consolidated School Districts Nos. 22 and 09, in Kent County. Be _it enacted by the Senate and House of Representatives of the Stale qf Delaware in General Assembly met: SECT/ON 1. That the house and farm of Win. W. Tay lor, v,., f now situate and lying in School District No. 72 in be and the same is hereby transferred to andK entctohunety, triins:erred same shall hereafter form a part of consolidated School Dis-iirTeT tricts Nos. 22 and 99, in Kent county aforesaid; and every v,i4{taentsd person residing upon the premises within named,or who may St. hereafter reside thereon, shall enjoy all the rights and privi-leges and be subject to all the liabilities of taxables of said consolidated School Districts Nos. 22 and 99. Passed al Dover, April 19,1895. 111 LAWS OF DELAWARE. 39 OF FREE SCHOOLS. 40 LAWS OF DELAWARE. OF FREE SCHOOLS. CHAPTER 32. OF' FREE SCHOOLS. AN ACT to transfer the farm of Charles E. Russell from School District No. 71 to School District No. 143, Sussex County. Be it enacted by Me Senate and House of Refiresentatives of the Slate of Delaware in General Assembly met: SFcrioN 1. That the farm of Charles E. Russell be and Charles E. . . Russell's it is hereby transferred from School District No. 7! to School trans-ferred to District No. 143, Sussex county, and shall be subject to ;i taxation and all other duties and shall have all the privileges pertaining to property in School District No. 143, Sussex county. SECTION 2. This act shall be deemed and taken to be a public act. Passed al Dover, Januar), 3/, 1893. CHAPTER 33. 01, FREE SCHOULS. AN ACT to transfer the farm of Garrison F. McCabe from School District No. 107 to School District No. 128, in Sussex County. Be if enacted by the .Senate and House of Refiresentatires o/ the o/ Delaware in General Assembly met Lamb, a SFCTIONi. That the house and lands of Garrison F. iarrismi McCabe, now in the limits of School District No. 167 in tron,liTreql sm..' Sussex county, be and the same are hereby transferred to iDtiinst,r,icct ,_ and shall hereafter form a part of School District No. 128 trict Nii. 12M in Sussex county aforesaid; and the said Garlison F. McCabe and all and every other person or persons residing on the said lands, or who may hereafter reside thereon, shall enjoy all the advantages and privileges and shall be subject to all the duties and liabilities of taxables of said School District LAWS OF DELAWARE. 41 OF FREE SCHOOLS. No. 128 in Sussex county, and they are hereby relieved and -discharged from the same in School District No. 167 in -Sussex county. SECTION 2. That this act shall be deemed and taken to be a public act. Passed at Dover, February ii, 1895. CHAPTER 34. OF FREE SCHOOLS. AN ACT [to] transfer the lands of Joseph W. Veasey, situated in School District No. 18 in Sussex County, from said School District No. 18 to School District No. 88 in Sussex County. lie it enacted by the Senate and House of Representatives .qf the State of Delaware in General Assembly met SECTION r. That the farm belonging to Joseph Veasey, situated in School District No. 18, Sussex county, in.m. shall hereafter be and form a part of School District No. 88, nal" in Sussex county aforesaid; and all and every the persons N"' 88' residing on -said lands and farm herein mentioned, and all persons who may hereafter reside thereon, shall enjoy all the advantages and privileges, and that the said Joseph W. Veasey and the person or persons hereafter owning said lands and farm,or living on the same, shall be subject to all the duties and liabilities of taxables of said School District No. 88; and Arther, that they are hereby relieved and discharged from the Ph.s"t"rti ct Same in said District No. 18 in Sussex county aforesaid. N. 18. SECTION 2. This act shall be deemed to be a public act. Passed at Dover, 1..ebruaily 25, 1895, 42 LAWS OF DELAWARE.- OF FREE SCHOOLS. CHAPTER 35. OF FREE SCHOOLS. AN ACT to transfer the farm of Caleb M. McCabe from School District No. 110 to School District No. 31, in Sussex County. Be it enacted by the Senate and House of Representatives of the Stale of Delaware in General Assembly met: Lomb:1* SEcTioN 1. That the house and lands of Caleb' M. .. (uItt1M. McCabe, now in the limits of School District No. 119 in Sus- 3Iertte trunsferred sex county, be and the same are hereby transferred to and tfrri"e"tI ghall hereafter form a part of School District No. 31 in Sus-j! ilt.'" sex county aforesaid; and the said Caleb M. McCabe and all and every other person or persons residing on the said lands, or who may hereafter reside thereon, shall enjoy all the advantages and privileges and shall be subject to all the duties and liabilities of taxables of said School District No. 31 in Sussex county, and they are hereby relieved and dis-charged from the same in School District No. I19 in Sussex C01111 ty. SECTION 2. That this act shall be deemed and taken to be a public act. . Passed at Dover, February 26, 1895. CHAPTER 36. OF FREE SCHOOLS, AN ACT to transfer the farms of John W. Layton and Luther C. Roberts trom School District No. 26 to_School District No. 123, in Sussex County. Bc enacted by Me Senate and House of Representatives Lan,1- o/' Slate of Dc/aware in General Assembly met: 1.101"n nffil lottlwr SECTIONl. That the houses and lands of John W. Lay-ton and Luther C. Roberts, now in School District No. 26 in Sussex county, be and the same are hereby transferred to and N., 123. shall hereafter form a part of School District No. 123 in. INV LAWS OF DELAWARE. 43 OF FREE SCHOOLS. Sussex county aforesaid; and the said John W. Layton and Luther C. Roberts, and all and every other person or persons residing on the said lands, or who may hereafter reside thereon, shall enjoy all the advantages and privileges and shall be subject to all the duties and liabilities of taxables of said School District No. 123 in Sussex county, and they are hereby relieved and discharged from the same in School Dis-trict No. 26 in Sussex county. SEcTIoN 2. That this act shall be deemed and taken to be a public act. Passed at Dover, March 1, 1S9.5. CHAPTER 37. OF FREE SCHOOLS. AN ACT to transfer a part of the farm of Elizabeth W. Mathews from School District No. 40 to School District No. 43, in Sussex County, Delaware. WHEREAS, The dividing line between School Districts Nos. 40 and 43, in Broad Creek hundred, Sussex county, Delaware, so runs across the farm of Elizabeth W. Mathews as to cut off the mansion with about 20 acres of land to School District No. 40, making the distance to attend school about twice as great as it otherwise would be if the line should be changed so as to include the whole of said farm in District No. 43; therefore, Be it enacted by the Senate and House of Representatives of the Stale ql Delaware in General Assembly met : SECTION 1. That the dividing line between School Dis- part t. tricts Nos. 40 and 43 be and the same is hereby changed so ra'";d1,1, ians tSoc hinocollu dDei stthreic tw Nhool. e 4o3f, tahned fainrm t hoef cEoliuznatbye tahf oWres. aiMd.a thews tMwraan thsfeewrrse d front Dis- SECTION 2. That from and after the passage of this act the aforesaid farm and mansion shall be assessed for school purposes in School District No. 43 in Sussex county, and is hereby released and discharged from the same in School Dis-trict No. 40 in said county. SECTION 3. That this act shall be deemed and taken to be a public act. Passed al Dover, March 6, IS95. 44 OF FREE SCHOOLS. CHAPTER 38. OF FREE SCHOOLS. AN ACT to transfer the farm of Gardner R. Marvel from School District No. 42, in Sussex County, to School District No. 34. Be it enacted by Me Senate and House of Representatives of the Stale of Delaware in General Assembly met: Farm of SECTION I. That the farm and premises of Gardner R. liardnor It. Marvel Marvel, now situated and lying in School District No. 42 trangforrod from Dis- Sussex county, be and the same is hereby transferred to t"oj eDt iNAr"i' e.t1 2 School District No. 34 in said county, and shall hereafter 31. constitute a part of said District No. 34. Ilereafti,rto SECTION 2. That from and after the passage of this act ill No. 4'2 j'e "''esu'l the aforesaid farm and premises shall be assessed for school lady purposes in said School District No. 34, in Sussex county, and not in School District No. 42. Passed at Dover, April 8, 1895. CHAPTER 39. OF REFORM SCHOOLS. AN ACT to amend an act entitled "An act to incorporate the Delaware Industrial School for Girls." Be it enacted by the Senate and House qf Representatives [ol. the State qi Delaware] in General Assembly met (two-frds bi each branch there(?/ herein concurring): SEcTIoN 1. Amend an act entitled "An act to incorporate Levy Court the Delaware Industrial School for Girls" by adding after tie the word "thereafter" in the last line of Section 7 of said act Pr1"li. the following words: ''The Levy Court of New Castle county 411111111111 NIT"i shall have authority to make an appropriation or appropria- :(iirls. tions annually to the said corporation for the purposes of its incorporation; provided, however, that the appropriation shall not exceed the sum of one thousand dollars in any one year." Pa SS I'd iii Dover, April /5, /895. LAWS OF DELAWARE. LAWS OF DELAWARE. 45 OF THE PUBLIC HEALTH. CHAPTER 40. OF THE PUBLIC HEALTH. AN ACT regulating the Practice of Medicine and Surgery in this State. WHEREAS, The safety of the public may be endangered by incompetent physicians and surgeons, and due regard for public health and the preservation of human life demands that none but competent and properly-qualified physicians and surgeons shall be allowed to practice their profession; therefore, Be it enacted by the Senate and House of Representatives of the State (y- Delaware in General Assembly met SecTrox t. That there shall be established a Medical ,11',',1,1171 Council of Delaware, consisting of the Chief Justice of the,,shibikkud- State and of the Presidents of the two State Boards of Med- members or ical Examiners provided for in this act. SEcTioN 2. The said Council shall be known by the solo. name and style of the "Medical Council of Delaware", and may make and adopt all necessary rules, regulations and by-laws for their own government, not inconsistent with the laws of this State or of the United States, and shall have Pow,r. power to locate and maintain an office within this State for the transaction of business. Two members of said Council shall constitute a quorum for the transaction of business. SECTION 3. The said Council shall organize within ten ih.nnniza-days from the date of the organization of the two Boards of t"'". Medical Examiners, and shall elect from its own number a president and a secretary, who shall also act as treasurer, both of whom shall hold their offices for one year, or until their successors are chosen. SEcTioN 4. The members of said Council shall receive, in Foninewn-addition to their necessary expenses, five dollars per day "I' each for each meeting of the Council, but said per diem shall not exceed in any one year more than fifteen dollars, the same to be paid out of the fees hereinafter provided for. SECTION 5. The said Medical Council shall hold two stated meetings in each year, and may hold special meetings, shnn 64110 at such times as it may deem proper. It shall issue certifi- entInhli.ten cates for license to practice medicine and surgery to such 46 LAWS OF DELAWARE. OF THE PUBLIC HEALTH. applicants as have presented such diplomas as hereinafter required and successfully passed the examination hereinafter IN,wors provided, and the said Medical Council shall have no powers, duties or functions except as provided for in this act. , SECTION 6. That from and after the passage of this act iuntrw molkal there shall be, and continue to be, two separate Boards of '""i"e"' Medical Examiners for the State of Delaware, one represent- :401, ing "The President and Fellows of the Medical Society of Delaware", and the other "The Hoinctopathic Medical Society of Delaware State and Peninsula". member. Each board shall consist of five members, and each of said Terms 1. c number shall serve for a term of two years from the first day of March next after appointment, with the exception of those first appointed, who shall serve as follows, namely: two of each board for one year, and three of each board for two years, from the first day of March, A. D. 1895. The Governor shall appoint the members of said Board of 11,!,?;;;V.,..rExaminers, respectively, from the lists of members submitted 110111 by said medical societies residing in this State, which lists 1.3 shall, within ten days from the passage of this act, and on or before the first day of every Janual y thereafter, be trans-mitted to the Governor under the seal and signed by the secretary of the society so nominating. From these lists of nominees, respectively, the Governor shall, within ten days after the receipt thereof, appoint two separate Boards of Medical Examiners, each board to be composed exclusively of members of the same medical Whet, h.,. society. In case of the failure of either of the said societies arc 11.rt to submit lists as aforesaid, the Governor shall appoint mein-bers in good standing of the corresponding society entitled to nominate without other restrictions. Each one of the said appointees must be a registered phy- I1M11111- 111, SiCiall in good standing, and shall have practiced medicine or surgery under the laws of this State for a period of not less than five years prior to such appointment. The Governor shall fill vacancies by death or otherwise' for unexpired terms of said examiners from the lists sub-mitted as aforesaid, and may remove any member of either of , said boards for continued neglect of the ditties required by this act, or on recommendation of the medical society of which said member may be in affiliation for unprofessional or dishonorable conduct. enn.1101. LAWS OF DELAWARE. 47 OF THE PUBLIC HEALTH. The Governor shall in his first appointments designate tie number of years for which each appointee shall serve. desi gun to The appointments of successors to those members whose rtkeirlinni.nd terms of office will expire on the first day of March of eachl""t"'" year shall be made by the Governor during the first ten days of January of such year, upon the same conditions and requirements as hereinbefore specified with reference to the appointment of two separate Examining Boards, .each to be composed exclusively of members of the same medical society, as hereinbefore provided. SEcTroN 7. Said boards shall be known by the name and style of "Boards of Medical Examiners of the State of Dela-ware". Every person who shall be appointed to serve on either of said boards shall receive a certificate of appoint- ment from the Secretary of State under his hand. Each of :see.r1eta1rst said Boards of Examiners shall make and adopt all neces- af State. sary rules, regulations and by-laws, not inconsistent with the its-tim, laws of this State or of the United States, whereby to per-form the ditties and transact the business required under the provisions of this act. SECTION S. From the fees provided by this act the Medi- Exi"". cal Council shall pay, not to exceed said income, all proper 11w expenses incurred by its provisions; and if any surplus above .s o, said expenses shall remain at the end of any year, it shall be ,i11,';;;;.;',(:;11Y apportioned among said medical societies pro rata according to the number of candidates examined by each. S EcTro N 9. The first meeting of each of the examining Mee! - boards, respectively, shall be held on the first Tuesday of July, 1895. At such meetingof each of the boards, respectively,.an nrunnizn-organization shall be effected by the election from their own I"' membership of a president and secretary, for the purpose of examinin,, applicants for certificate for license. Each of woing. said Boards of Medical Examiners shall hold two or more stated or special meetings in each year, clue notice of which shall be made public at such times, and places as they may determine. At said stated or special meetings a majority oft the members of either board shall constitute a quorum thereof, 2""Ell but the examination may be conducted by a committee duly authorized by said boards. SECTION to. Each Board of Medical Examiners, not less than one week prior to each examination, shall submit to the imtim, Medical Council of Delaware questions for thorough exami-nations in anatomy, physiology, hygiene, chemistry, surgery, 48 LAWS OF DELAWARE. OF THE PUBLIC HEALTH. obstetrics, pathology, diagnosis, therapeutics, practice of medicine and materm medica. candidnif The Medical Council shall select the questions for such ex-examined by faminations from the lists of questions submitted by the Board b""iee of Medical Examiners of the candidate's election; and should there be candidates for examination of any other school than the two designated in this act, they shall be examined by the Council and some reputable practitioner in this State of such school, by said Council to be selected, upon questions se-lected from standard text books on the above subjects as taught by the school selected by the candidate. Ex/mina- SECTION i t. Said examinations shall be conducted in sVti- writing in accordance with the rules and regulations pre-scribed by the respective Boards of Medical Examiners, and shall embrace the subjects named in Section io of this act. After each examination the Board of Medical Examiners having charge thereof shall, without unnecessary delay, act Itel""l on the same. An official renort of such action, signed by the president, secretary and each acting member of said Board of Medical Examiners, stating the result of examination, shall be transmitted to the Medical Council. SECTION 12. On receiving from either of said Boards of t" Medical Examiners such official report of the examination of !meat,. any applicant for certificate for license, the Medical Council shall issue forthwith to each applicant who shall have been returned as having successfully passed the examination a cer-tificate to that effect. Revord to The Medical Council shall keep a record of all certificates, Itt k"I'l when and to whom issued. gonlifica- SlicrIoN 13. From and after the passage of this act any t 4/1 von - 411In tes for person not heretofore authorized to practice medicine and e'rtin"le surgery in this State, and desiring to enter upon such prac- :=Vii(t. dee, shall deliver to the Secretary of the Medical Council, upon the payment of a fee of ten (Sio) dollars, a written appli-cation for examination, together with satisfactory proof that the applicant is more than twenty-one years of age, is of good moral character, has obtained a competent common school education, and has received a diploma conferring the degree of medicine from some legally-incorporated medical college. Applicants who have received their degree in med-icine after the passage of this act must have pursued the study of medicine for at least four years, including three reg- LAWS OF DELAWARE. 49 ular courses of lectures in different years, in some legally in-corporated medical college or colleges prior to the granting of said diploma. Such proof, if required, shall be made upon affidavit. Upon making of said payment and proof, the Med- iion. ical Council shall issue to said applicant an order for exami-nation before such one of the State Boards of Medical Examiners as the applicant for certificate may select. In case of failure at any such examination the candidate, after the Sentexpiration of six months and within two years, shall have the animation. privilege of a second examination by the same board to which application was first made, without the payment of an additional fee, but if after six months and before two years from such examination said application shall be withdrawn the said ten (SI()) [dollars] shall upon demand be returned. SECTION 14. That from and after the passage of this act Unlawful to it shalt not be lawful for any person to practice medicine odniiilito surgery in this State without having obtained a license there-;r,i,t1,;(,),";,, for as hereinafter provided. SEcTiom 15. The Clerk of the Peace of any of the coun- Clerk of Is:2n ittiu)nse ties of this State shall issue a license sigued by the Governor and countersigned by the Secretary of State and sealed with the seal of his office, certifying that such person is authorized to practice medicine and surgery in this State, conformably to the laws thereof, to any person who shall present to him a certificate as provided in this act, or who shall have been qualified in one of the counties of this State prior to the pas-sage of this act, and to no other person. SEcrutN 16. The provisions of this act shall not apply to Pto:idisn, physicians who are practitioners of any other State coming ii it lie. into this State in consultation with any lawful practitioner of1",'.". ""- - medicine and surgery in this State. SECTION 17. Any person practicing or attem pting to practice medicine or surgery within this State contrary to the iitriiv to provisions of this act shall be guilty of a misdemeanor, and ;11,1.',V,',!' upon conviction thereof in the Court of General Sessions of the Peace and Jail Delivery of the county wherein the offense was committed shall pay a fine of not more than five hundred Fin, ($5oo.00) [dollars] nor less than one hundred-($troo.00) dollars111111iSoll- or be imprisoned for a term of not more than one year. ment. SECTION I8. That this act shall not in any w dentists or to dental surgery. way apply to iIe)int tier n1. ot 4 OF THE PUBLIC HEALTH. 50 LAWS OF DELAWARE. OF THE PUBLIC HEALTH. Chapter 117. SECTION 19. All other acts or parts of acts regulating the Gv0o1.o1d3 . nut practice of medicine and surgery in this State are hereby re-pealed ; but nothing herein contained shall in any way inter-fere with the operation of Chapter 117, Volume 13, Laws of Delaware, relating to revenue. Passed at Dover, April 18, 1895. LAWS OF DELAWARE. TITLE EIGHTH. Of the General Police. CHAPTER 41. GP:xxam. PROVISIONS RESPECTING THE POLICE. AN ACT for the Suppression of Betting and Wagering upon Contests of Skill or Speed. Be if enacled by the S'enale and House of Represenla-fives of the Stale q/. Delaware in General Assembly me/: SEcrioN i. That any person who keeps, exhibits or uses, unhtwilii or who is concerned in interest in keeping, exhibiting or t1I kr:111111.w using, any book or books, device, apparatus or parapherna-.L.lipti.w lia, for the purpose of receiving, recording, or or wagers upon the result of any trial, or contreegsits,t eriinn gtbhetes State of Delaware, or elsewhere, of skill, speed or power of endurance of man or beast; and any owner, lessee or occu-:,!.`,71';.17::',. pant of any room, house, building, enclosure, or place of 76,,- any kind, who keeps, exhibits, uses or emuloys therein, or permits or allows to be kept, exhibited, used or employed therein, or who is concerned in interest in keeping, exhibit-ing, using or employing therein any book, or books, device, apparatus or paraphernalia, for the purpose of receiving, recording or registering such bets, or wagers, or of forward-ing in any manner any money, thing or consideration of value for the purpose of being bet or wagered upon the result of any trial or contest as aforesaid; and every person who records or registers such bets, or wagers, or who P(.1-smi receives, contracts, or agrees to receive any money or thing of value for the purpose, or with the intent to bet or wager, rtiTilst,tse r 1hut for himself or any other person or persons, such money or thing of value, or any part thereof, or the equivalent thereof, 52 LAWS OF DELAWARE.. OF TAVERNS, ALE HOUSES AND VICTUALLING HOUSES. or of any part thereof, upon the result of any trial or con-test in the State of Delaware, or elsewhere, of skill, speed or power of endurance of man, or beast, shall be deemed guilty of a misdemeanor, and upon conviction thereof by the Court ineunor. of General Sessions of the Peace and Jail Delivery of the ('"Hvieti"n State shall be fined not less than one hundred dollars, or more than two thousand dollars, and in default of the pay-ment thereof shall be imprisoned for a term of not less than. mew. three months, or more than two years. Passed at Dover, April 6, /895. CHAPTER 42.* OF TAVERNS, ALE HOUSES AND VICTUALLING HOUSES. AN ACT to amend Section 4 of Chapter 381, Volume 15, Laws of Dela-ware, now published as Section 24 of Chapter 53 of the amended Revised Code. Be 11 enacted by The Senate and House of Representatives ty' the Stale of Delaware in General Assembly met. seetion SECTION I. That said Section 24 of said Chapter 53 of (\. .11.1111"1P1IPt er''' the amended Revised Code be and the same is hereby anlende I. amended by striking out all of said Section and substituting therefor the following: "Section 24. All licenses granted under the provisions of this act, and the amendments thereto, may be assigned to an incoming tenant, with the T. 10. )1 approval of the associate judge residing in the county in 1!'...7.itift'Y which the license is granted, and the assignee, or his attor- .,,,a,.. ney, shall forthwith cause an entry of the date of such Aig,,, approval and assignment and to whom made to be entered prva .11. by the clerk of the peace for such county on the record of rl,11r1101 the original license contained in the (locket provided for by by Ilerk Owl..., Section 13 of said Chapter_ 53 of the said amended Revised Fut.. Code. The fee to be paid to the clerk of the peace for such entry shall be one dollar to be paid by the assignee. Said assignee after the entry of said approval as aforesaid shall be held to be licensed for the same purposes for which the assignor was licensed, and subject to all the liabilities and penalties imposed upon the assignor Passed at Dover, Februau 21, 1895. See (Molter -13, current vnItnne. LAWS OF DELAWARE. 53 OF TAVERNS, ALE HOUSES AND VICTUALLING HOUSES. CHAPTER 4.3. OF TAVERNS, ALE HOUSES AND VICTUALLING HOUSES. AN ACT to repeal the act entitled "An act to amend Section 4, Chapter 381, Volume 15, Laws of Delaware" now published as Section 24, Chapter 53 of the Amended Revised Code. Be it enacted by the Senate and House of Representatives .of the Stale of Delaware in General Assembly met : SECTION I. That the act entitled "An act to amend Sec- ch'nor 42 .tion 4, Chapter 381, Volume 15, Laws of Delaware, now Vpiront published as Section 24, Chapter 53 of the amended Revised pe(:tae, Code", ppaaSssseedd at the present session of the General Assem-bly, be and the same is hereby repealed and made absolutely null and void, and the provisions of said section be and the same are hereby restored, renewed and re-enacted with the same force and effect as that which they had, held and .obtained prior to the passage of the said act hereby repealed. Passed al Dover, April 6, 1895. CHAPTER 44. OF FISH, OYSTERS AND GAME. AN ACT to amend Chapter 053, Volume 10, Laws of Delaware. Be it enacted by the Senate and House of Representatives .of the State of Delazoare in General Assembly met. SECTION I. That Chapter 653, Volume ig, Laws of Del-t aware, be and the same is hereby amended by inserting ini.,?mj.liAttil the eighth line of Section 53 of said chapter before the word '111 "for" and after the words "Murderkill river" in said section.'" kiln rivers the words "Mispillion river, Broadkiln river and sound". and i.tind fin. planting SECTION 2. That said chapter be and the same is hereby further amended by adding to Section 55 of said chapter the 'words "and in case of the sale or disposal of the said quail- 54 LAWS OF DELAWARE. Not to ho :a.la to ho earried away hy VeSSOL Commis-ioner, to lay Illtt OX - tension of I I 11,1,011's Ilra OF DITCHES. tity of twelve' bushels or any part thereof taken or caught from the waters of Mispillion river, Broadkiln river or Broad-kiln sound, it shall not be lawful to sell or dispose of the same or any part thereof to be transported or carried away through the mouths of said Mispillion river or Broadkiln sound into the Delaware bay by any boat or vessel whether for planting or for consumption as food or for any other purpose". Passed al Dover, Februar_v S, CHAPTER 45. OF DITCHES. A SUPPLEMENT to the act entitled "An net to incorporate The Hudson's. Branch Ditch Company". Be 11 cnaclea' by the .S'enate and House qf Representatives ey' the .S.late (?/- Delaware in General Assembly mei (lit '0- thirds a/ each branch Merely. concurring); SECTION I. That Ezekiel C. Frasher, John Heyd and Charles Warren, be and they are hereby appointed commis-sioners to go upon the lands hereinafter described and layout an extension of Hudson's Branch Ditch, as follows:. Loontion. Beginning at the point where the eastern end of said ditcht is now located and following the branch or water course of Hudson's Branch to a point on said stream one hundred yards east of the bridge (crossing said stream or branch) on the State road leading from Canterbury to Milford. SECTION 2. That the said commissioners shall have the Power, or t'ootoli,- same powers, and be subject to the same restrictions and lim- '"'""' itations as is provided in regard to the commissioners ap-pointed under the act to which this is a supplement to lay out the said "Hudson's Branch Ditch" as the same now exists. Arssed al Doz.er, .1far.ch LAWS OF DELAWARE. 55 OF DITCHES. CHAPTER 46. OF DITCHES. - AN ACT to amend and supplement the act entitled "An act to incorporate The Saint Augustine Marsh Company", passed at Dover, April 20,1893. Be it enacted Me Senate and House (y- Representatives of the Slate of Delaware in General Assembly met (two- Thirds ql each branch concurring therein): SECTION r. That Section 3 of the act to which this is a Ntu,f supplement be and the same is hereby amended by correct-ing the name of the first-named commissioner so that it shall reeled' read William Pierson Biggs in lieu of William Pierce Riggs. SEcrioN 2. That the time for the completion of the survey and the return by the commissioners of the certificate ii-of their proceedings, as provided in said Section 3 of the be and the same is hereby extended until the expiratsaiiodacnt, of one year after the passage of this act. SECTION 3. That this act shall be deemed and taken to be a public act. Passed al Dover, March 1, IS95. CHAPTER 47. DITCHES. AN ACT to amend the act entitled "An act re-incorporating The Marshy Hope Improvement Company", passed at Hover, February 21, 1801. Re' it enacted by the Senate and House of Representatives of The .9ate of Delaware in l;eneral Assembly met (two-thirds of each branch thereof amcurring therein): SEcTioN i. That the act entitled "An act re-incorpo-.r,...1: rating The Marshy Hope Improvement Company", passed at (A= aDmoevnedr,e d Febbyr usatrryi ki2n1g, 1o8u6t1 , thbee wanodrd st he" ressiadmeen t is in heKreebnyt u!n ad!.m1..i'"n' LAWS OF DELAWARE. OF DITCHES. county" in the fourth and fifth lines of Section 4 thereof; and inserting in lieu thereof the following: "two of whom shall be resident in Kent county and one of whom shall be resident in Sussex county". Passed at Dover, Afiril 16, 1895. CHAPTER 48. OF DITCHES. AN ACT to amend the act entitled "An act to incorporate The Beaver Dam Ditch Company, of Baltimore Hundred, Sussex County, Delaware", passed at Dover, February the 23, 1805, and re-enacted March the 25, 1885. lIe ii enacted by The Senate and House of Refiresentatives [of the State] of Delaware in General Assembly met (Iwo-thirds ol each branch thereof concurring): SECTION I. That the act entitled "An act to incorporate Bony., the Beaver Dam Ditch Company in Baltimore hundred, cDaom, D, itch Sussex county, Delaware", passed at Dover, February 23, exte" 186-3' re-enacted March 25, 1885, be and the same is hereby ats Lc:inches amended as follows, to wit: Amend Section 3 by adding thereto and after the word "Ditch" in the tenth line in Sec-tion 3 the following: "And if ill their judgment they shall deem it prudent and necessary for the draining of any of the low lands of the taxables or corporators of said ditch, they shall take on, lay off, widen, deepen or extend any new or old branch or branches or the main trunk of the said "Beaver Dam Ditch". Passed al Dover, illarch 7, 1S95. LAWS OF DELAWARE. 57 OF ROADS. CHAPTER 49. OF ROADS. AN ACT to amend Chapter 072, Volume 19, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the Slate of Delaware in General Assembly mel SECTION 1. That Section 3 of Chapter 672, Volume 19, Time ox.- Delaware Laws, be and the same is hereby amended by strik- iTal;:tileotituir)f ing out the word "four" in the ninth line of the said SectionTgAlr-and inserting in lieu thereof the word "ten". missioners Passed at Dover, March 19, 1895. of Red Lion lain- Ired. CHAPTER 5o. OF ROADS AN ACT in relation to Bonds and Highways in Brandywine Hundred. 13e it enacted the Senate and House of Representatives of the State e?/ Delazoare in General Assembly met: SECTION I. The qualified voters of Brandywine hundred tic shall, on the third day of November, A. D. 1896, elect two li..,0 suitable persons as road commissioners for the term of fonr:'"'""`" years, and on the eighth clay of November, A. D. 1898, they shall elect one other suitable person as road commissioner for the term of four years; and thereafter they shall elect every two years road commissioners alternately for like periods to fill the vacancies of the commissioners whose terms then .expire. SEcrioN 2. That Brandywine hundred shall, for the pur- nivided Poses of this act, be and the same is hereby divided into:11,Vitr.e three districts, as follows: The first, to be known as District rir Number One, shall be composed of all that district now known as the Northern Election District of Brandywine '.0211111i pinted fr Num.. LAWS OF DELAWARE. OF ROADS. hundred; the second, to be known as District Number Two, shall be composed of all that district now known as the East-ern Election District of Brandywine hundred; and the third, to be known as District Number Three, shall be com-posed of all that district now known as the South Election District of Brandywine hundred. Sal ION 3. That from and after the passage of this act the office of road supervisors as now constituted by law for Brandywine hundred shall be and the same is hereby abol-ished and vacated; and the terms and powers of the road supervisors for said hundred, in force at the time of the passage of this act, shall be and the same are hereby termi-nated and ended. The following named citizens of Brandy-wine hundred shall be and they are hereby appointed com-missioners of roads for their respective districts as set forth in Section 2 of this act: For District Number One. Thomas R. Day, for the term of four years; for District Number Two, Lewis F. Talley, for the term of two years; and for District Number Three, Wm. H. Bird, for the term of two Years. The aforesaid citizens of Brandywine hundred hereby appointed commissioners of roads for -their respective districts aforesaid, shall do and perform all the duties re-quired of them by this act, and in all respects act ill accord-ance with the provisions hereof. Thee shall hold office from the date of the passage of this act, as follows: Thomas R. - ..r Day, as commissioner of roads for District Number One, until the eighth day of November, A. D. 1S9S; and Lewis F. Talley, as commissioner of roads for District Number Two, and Wm. 1-I. Bird, as commissioner of roads for Dis-trict Number Three, until the third day of November, A. D. Iti9o, when their successors shall have been duly elected and qualified as provided by Section I of this act. The said commissioners of roads shall meet in Brandywine hundred on the second Monday of April in the present Year to do and perform the duties required of them bv this act. And the commissioners of roads hereafter to be elected shall meet at the times and places and perform the acts set forth by Section 4 of this act The road supervisors of Brandy-wine hundred, who..;e offices are abolished and vacated by this -,I I .01.1-. act, shall settle all accounts on or before the second Nlooday of April in the present Year; and they shall deliver to the 11.E commissioners of roads hereby appointed all books, papers, c. tools, goods and chattels belonging to them in their capacity as road supervisors at the date last aforesaid. 58 Third. itomd - pt,r% LAWS OF DELAWARE. 59 OF ROADS. SECTION 4. It shall be the duty of each of said commis-c6_ sioners of roads, between the date of his appointment ortitret"ti_ election to office and the second Monday in April thereafter, to estimate the amount of money that will be required dur- t t ro - ing that year for the purpose of keeping the roads and bridges in his district in good repair; and in like manner every year while in office. It shall be his duty to keep the r,t,711 roads and highways and all bridges, not county bridges, in his district, in good repair. The three commissioners ofAttntml roads shall meet in Brandywine hundred on the second Mon-day of April following their appointment or election and on,iffiiers. the same day in each and every year thereafter. At such itutt, meeting they shallcanvass, revise, alter and pass upon in joint session the estimates of each commissioner of roads for his respective district. They shall estimate the total sum of money that will be necessary for the repair of the roads, highways and bridges, not county bridges, within said hun-dred. They shall calculate the rate per centum on the in-dividual assessment for Brandywine hundred shown on the duplicate delivered to the county tax collector, which shall have been approved by the levy court in March of the same year, which said total estimate bears to the aggregate of said assessment. They shall lay the tax rate accordingly so as to Tox nue-provide for the amount of said total estimate; provided, hOW-eVer, that at no time the tax rate shall exceed twenty-five cents on the one hundred dollars of such assessed valuation. They shall then make and sign a certificate of the rate and amount of tax so levied, and shall within five days after the second Monday in April, annually, deliver the same to the tax collector for Brandywine hundred, as provided in Section 12 of this act. SEcTtox 5. It shall be the duty of the commissioners of;4tipt.1,-1- roads of Brandywine hundred appointed or elected under;;;;;;,!i7ttit'!:t. this act, at their meeting- on the second Monday of April in each year, to appoint a suitable person as supervisor of roads for each and every school district of said hundred, who shall hold office for the term of one year. Such appointments are to be made with a view to have all political parties as nearly CI ual ly I epresented as possible. All supervisors under this I'-eIIk"1* act are required to have all dirt roads in their respective dis-tricts thoroughly repaired on or before the thirty-first day of May in each year. Any supervisor failing to repair any road, which it is made his duty by this act to keep in order, .1tty on or before the time last above specified, shall not be re-except. 6o LAWS OF DELAWARE. 111i.111% it. ,11111.. OF ROADS. appointed for another term without the unanimous consent T . of all the commissioners of roads of said hundred. At least o give a days' notice five days before starting the work of mending and repairing thne will begin work the roads and highways in his district, the road supervisor on roads. thereof shall give notice of the time of starting such work, and shall also state in such notice what road and at what Tit xpnyers point thereon he will start such work. All taxpayers who applying ninA may apply for work on the roads and highways as aforesaid employed. shall receive work. Each man so applying for work shall Tmds fn. furnish his own wvRo.rdiksiin ig. wfoor rskt;o nteh ew roorakd. tsoWuoplhse erfvroeirs otthrh eas th dapiluvl ridpfoiunsrgen ,i slehixn ceae lplb te nttwoeoceleessn s faoarryn ys ttootwonleos Ho,. how worked. districts is a road or highway, the supervisors of the districts so separated shall equally divide the work of repair on such road or highway; and one-half of such road or highway, laterally., shall be kept in repair by each supervisor. , SECTION 6. The commissioners of roads shall keep an remi.t.,,nd itemized account of all receipts and expenditures of money which shall come to their hands officially. They shall specify from whom and when the same was recived and to whom the same was paid and for what work, material or ser-vice. The same shall be open to the public inspection of piodk the taxpayers of the hundred at any reasonable and proper time and upon the request of any taxpayer. They shall make return of their accounts as aforesaid to-the levy court on or before the first day of March following liYm"r" L their appointment or election. The levy court shall audit c,..1 the said accounts of the said commissioners of roads not iii IL later than the fifteenth day of March in each year. The accounts when audited shall be returned to the said commis-sioners of roads who shall then post statements of said account as audited in five of the most prominent places in each district. SEurtuN 7. The commissioners of roads shall receive as compensation the sum of two dollars per day for each day of actual service, to which they shall be required to make affidavit before a justice of the peace or notary public. The said affidavits shall be placed on record with the secretary ot the board of road commissioners, as provided by Section 12 of this act. The supervisors appointed under this act shall receive a ION compensation of one dollar and fifty cents per day for each day of actual service rendered. LAWS OF DELAWARE. 61 OF ROADS. Each taxpayer who shall work at mending and repairing or Inhoring the roads and highways as aforesaid shall be entitled to taxpoyers. receive as compensation the sum of one dollar and fifty cents per day for each day of actual service rendered. For each horse employed in the above-mentioned work the owner For horse. thereof shall be entitled to receive as compensation the sum of one dollar per day for each* of actual service rendered. The said commissioners of roads shall settle all claims Commis-properly approved by the supervisors of their respective dis- sioners to settle tricts. The said claims shall be presented to the said corn- elaims tip-missioners of roads for their action semi-annually in each .s upervi,,,r, proved Ily year, to-wit: On the second Monday in October and April Semi-annually ; firovided, that said commissioners of roads shall ionimilly. have the option to settle all claims for work and material expended in opening new roads or for macadamizing old roads on the first day of each and every month. SEcrioN 8. It shall be the duty of said supervisors appointed under this act, in time of heavy snow or when travel on the roads is impeded from any other cause, to em-ploy men, teams and such other appliances as may be neces-sary to make the said roads or highways passable. Snow or other im-pediment to he removed from road. SticrioN 9. Upon the application in writing of twelve or rim, mono' more resident freeholders in said hundred to the said commis- frlouwtye db eM bor r - sioners of roads of said hundred, stating that the citizens use of roads thereof desire to borrow funds for the construction and hn-provement of the public roads and highways therein, it shall be lawful for the said commissioners of roads to borrow, on the faith and credit of their said hundred, such sums of money, not exceeding two per centum of the valuation of the Lintil real estate and landed property of said hundred, to be ascer-tained by the assessment rolls thereof for the year 1894, or of the last assessment rolls thereof preceding the date of such application to borrow money, for a term not exceeding twen- Terms. ty-five years, at a rate of interest not exceeding rive per centum per annum, payable semi-annually, and to execute bonds therefor under their hands and seals respectively; the bonds so to be executed may be in such sums and payable at such times and places as the said commissioners and their succes-sors may deem expedient; but no such debt shall be contracted cm....nt of or bonds issued by said commissioners for said hundred until tmoxidp"n'ylleYrs" r the written consent shall have been obtained of the majority must lirst of the taxpayers of said hundred, or their legal representa- hwer igtiinvgen. in tives, appearing upon the last assessment roll thereof, as shall So enrolled. ,62 LAWS OF DELAWARE. OF ROADS. represent a majority of the landed property of such hundred (including lands owned by non-residents) appearing upon the last assessment roll of said hundred; such consent shall state the amount of money authorized to be raised in said hundred, and that the same is to be expended in the repair of the dirt roads and in macadamizing the roads in said hundred. The Prf.ff signatures to said written consent shall be proved by one or more of the commissioners; the fact that the persons signing such consent are a majority of the taxpayers of said hundred and represent a majority of the real property of said hundred shall be proved by the affidavit of the assessor of said hundred endorsed upon or annexed to such written consent, and the I WO' assessor of said hundred is hereby required to perform such service; such consent and affidavit shall be filed in the office - of the prothonotary of the Superior Court of New Castle Wh111 county, and a certified copy thereof in the office of the secre-tary of the board of commissioners of roads of said hundred; and the same, or a certified copy thereof, shall be evidence of the facts therein contained and received as evidence in any court of this State and before any judge or justice thereof. SEcrioN to. The commissioners of roads appointed or elected under this act shall be residents of the district in which they are appointed or elected, and shall be voted for only by properly-qualified residents of the district in which they respectively reside; and in case of death, resignation or re-moval front the district, it shall be the duty of the remaining commissioners to appoint a suitable person residing in the district to fill the unexpired term occasioned by such vacancy. SECTION ii. Every neglect of duty by a commissioner or supervisor under this act is declared to be a misdemeanor, and shall be punishable by a fine of ($20) twenty dollars. Any justice of the peace of Brandywine hundred or of the city of Wihniipgton shall have jurisdiction -to hear any complaint alleging a neglect of duty on the part of any commissioner or supervisor. Upon conviction of any commissioner or supervisor tinder this act, one-half of the fine imposed, when collected, shall be paid to the person upon whose complaint a conviction is had; and the other half of said fine shall be delivered to the said commissioners of roads for use in keep-ing. the roads and highways of said hundred in repair. SECTION 12. It shall be the duty of the commissioners of roads under this act, at their annual meeting in October, as provided in Section seven, to appoint a suitable person who ti. 1.11ive. t?italitka - /Ion "I iV,i11 :1111, NIi "I nil-- detlico 11..1 Iii .s1.11111_, 1 .1. 111 III' .111,1111i111011. -LAWS OF DELAWARE. OF ROADS. shall be a resident of Brandywine hundred, to collect the road taxes so to be levied by them, and to deposit the same * the Union National Bank at Wilmington, Delaware, to the credit of said commissioners of roads. The said collector of road taxes so appointed shall give security in double the SeeuritY amount of the tax levy for that year for the faithful perform-ance of his duty. He shall receive as compensation an amount not exceeding five per cent, of the road taxes so collected by ti""- him. He shall also send to said commissioners of roads, on the last day of every month, a statement of the amount of monthly his collections of taxes for that month. The said commis- stittetnent:,. .sioners of roads shall have power at their meeting for organi-zation on the second Monday in April of each year, to appoint a suitable person as secretary, whose duty it shall be to keep a Sveretary. record of all business done by the said commissioners of roads, 1,,i, and to record all certificates or other papers which it is made his duty to record by the provisions of this act. Said secre-tary shall receive as compensation the sum of two dollars per day for his services. SEcTIoN 13. The commissioners of roads in Brandywine hundred shall, whenever a new public road has been properly approved by the court and duly condemned and laid out, advertised * for proposals for making the same; and the con-tract shall be given to the lowest responsible bidder, if awarded. The commissioners, in such advertisement, shall retain the right to reject any and all bids. If no bids are accepted, then the work may be done by the commissioners of roads and paid for as provided in Section 7 of this act; prozvded, that in all cases where a contract is awarded as above provided, twenty-five per cent, of the contract price shall be retained until the road is completed according to the proposals and accepted as such by the said commissioners of roads. SEcrinx 14. All payments made by said commissioners .111 pny of roads shall he made by check drawn to the order of the U'.1!iii.'orie party entitled to the same, and must be signed by a majority of the commissioners. The said commissioners shall have authority to set off against the amount due any taxpayer for to work done by him in making or repairing roads the amount1=1,,, of his road tax duly levied. SEcTioN ;5. It shall be the duty of the receiver of taxes Doty or and county treasurer to deposit all moneys he may have col- t.',1;..12,111"t* lected for road purposes in Brandywine hundred, which are f'"untY reasurer. *S" eurollol. petling livw 2.11,er vent. emttra,t prk t".1 retaim..1 till eotiplt-ted. 64 LAWS OF DELAWARE. OF ROADS. now in his hands or which may hereafter come into his hands, in the Union National Bank aforesaid, to the credit of the commissioners of roads for Brandywine hundred. He shall also return to said commissioners of roads a list or schedule of all road taxes for Brandywine hundred due and unpaid on or before the second Monday of April, A. D. 1895. SECTION 16. The inhabitants and freeholders of Brandy-nue,' for wine hundred are hereby constituted and declared to be a body uurpusus adz: aut. corporate for the purposes of this act; and the commissioners Powers. of roads of said hundred are hereby declared to be a board fully authorized and empowered upon the compliance with the provisions of Section 9 of this act, to issue bonds as therein provided, upon the faith and credit of the people and property resident and located in said hundred. They shall have capacity to sue and to be sued in any of the courts of this State. Annual SECTION 17. In the event of bonds being issued as pro-vided bv Section 9 of this act, the said commissioners of roads redebm.aPsti.m i and their successors shall, out of the collections of the road tax for said hundred annually coming into their hands, set apart a sum equal to three per centum on the amount of the bonds so issued and outstanding at the end of each year, as a sinking fund for the redemption of the said outstanding bonds Where kept at their maturity. The said commissioners shall deposit the sum thus annually set apart as a sinking fund in the Union National Bank at Wilmington, Delaware, to the credit of the commissioners of roads of Brandywine hundred, until the amount thus set apart, together with its accretions of interest,. shall amount to the principal of the bonds outstanding. The Corm,' wei amounts thus set apart and deposited as a sinking fund shall not be withdrawn except by the unanimous vote of the board of commissioners in Brandywine hundred, which vote shall be certified to by the secretary of said board. SECTION 18. This act shall - he deemed and taken as a public act, and shall be published as slICIL SECTION 19. All acts and parts of acts heretofore passed and inconsistent with the provisions of this act are hereby repealed. Provided, however, that nothing contained in this act shall in any manner interfere with, abridge or limit the aodre,e zteudg." Y rights, duties or liabilities which have arisen, or may arise, under an act entitled "An act to encourage the improvement of the public roads and to provide for the maintenance thereof LAWS OF DELAWARE. 65 OF ROADS. in New Castle county" passed at Dover, March 28th, 1887, as the same was amended April 19th, 1889. Passed at Dover, Hareh 3o, 1895. CHAPTER 51. OF ROADS. AN ACT authorizing the widening of a Road in Christiana Hundred, New Castle County. Re if (waded by Me Senate and House of R epresenialives oj. the Slate of Delaware in General Assembly mel: SECTION 1. That Allen Smith, t'reorge W. Morrison and (olninis- Alpheus Pennock be and they are hereby appointed commis- N.1,1,eql;',.1::.- sioners to widen the road in Christiana hundred, Nbew Castle h"in '""1. county aforesaid, known. as the "New Road", extending in a southwesterly direction from a point in Union street in the city of Wilmington, extended at a point near where said Union street would be intersected by Iteech street in said city extended, said road passing. through F:lsmere and through the lands of the estate of Samuel B. Davis, the estate of Nelson Cleland, the estate of Dr. j, P. Stidham, the estate of Ann B. Foreman, lands of Newton Derrickson, George Leach, Thomas Taylor, lands of thee- tate of Thomas Walters, lands of William M. lirackin, Edward Woodward, William Frederick and Thomas Flinn, to the intersection with the road extending to Marshallton, said intersection being at a point known as "Price's Corner." SlicrtoN 2. That the aforesaid commissioners shall widen wliah,,r said road designated in Section m of this act, so as to make it a road of the width of fifty feet, forty feet of which shall be a driveway and five feet space on each side for walks, paths or pavements; they shall, with the assistance of some skillful surveyor, after being duly sworn or affirmed, lay out such road widened as aforesaid, and shall cause a plot thereof to!!'itaoili".!,1 be made, representing the courses and distance thereof, andm-se,A 5 66 LAWS OF DELAWARE. OF ROADS. shall assess the damages of every owner of land through which said road shall pass, taking into consideration all the post. circumstances of benefit as well as injury, and they shall make a computation of the costs of widening said road. SECTION 3. That the said plot, together with the return return to be of the said commissioners, shall be returned and flit- d in the Clerk of office of the Clerk of the Peace in and for New Castle county, to be by him laid before the Levy Court of said county, and LevY '"urt t he said Levy Court is hereby authorized and empowered to te provide nn- PnYinsr make an appropriation for the damages thus assessed; the road when widened and opened by the road commissioners of Christiana hundred shall in all respects be a public road and all laws applicable to public roads in Christiana hundred are hereby extended and shall apply to said road. ',muftis- SF.CTIoN 4. That the commissioners named in this act ineiii are hereby directed, authorized and empowered, before enter-ing upon the duties hereby assigned unto them, to administer unto each other and to the surveyor an oath to perform their Arts of duties faithfully and impartiall). The acts of a majority of ontiolitY them shall be as valid as if concurred in by all of them; and in case of a vacancy by refusal or failure of one or more of mnY the connvissioners named in this act to serve, another or ravoney others may be appointed by any justice of the peace in and for New Castle county, upon application in writing by any three citizens, freeholders of New Castle county. rottitootoot - Hon or oommis-sionor. surit-nor. SECTION 5. The compensation of the commissioners who shall serve as provided in this act, together with the surveyor and other persons employed, shall be such as the Levy Court Commissioners may deem proper. SEcrIoN 6. This act shall be deemed a public act and printed as such. Passed al Paver, AP1"17 12, 189.5, LAWS OF DELAWARE. 67 OF ROADS. CHAPTER 52. OF ROADS. AN ACT to authorize the Commissioners of Roads in Brandywine Hun-dred to liquidate certain Indebtedness of said Hundred. Be it enacted by the Senate and House of Representatives [of the of Delaware) in Genera/ Assembly met SECTION I. That the Commissioners of Roads in Brandy- \Inv borrow wine hundred be and they are hereby authorized to borrow, iliOT at legal rates of interest, a sum of money not exceeding thousand dollars, for the purpose of discharging certain obligations of said hundred now overdue, and to renew the said loan or loans from time to time as shall be necessary until they shall be enabled to discharge the same from the collection of road taxes in said hundred now due or hereafter coming due. SEcTioN 2. This act shall be deemed and taken to be a public act. Passed at Dover, April 2}, /895. CHAPTER 53. OF ROADS. AN ACT to lay out a new Public Road and vacate part of an old Road in White Clay Creek Hundred, New Castle County. lie it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly »zet SECTION t. That William T. Porter, E. Tatnall Warner, John E. Lewis, |
| Date Digital | 2010 |
| CONTENTdm file name | 3022.cpd |
Description
| Title | Laws of the State of Delaware - Volume 20 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE PASSED AT A SESSION OF THE GENERAL ASSEMBLY, COMMENCED AND HELD AT DOVER, ON ' fUESDAYfANUARY 1. A. D. 18961 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED ' AND NINETEENTH. VOLUME XX- PART I. 1895: THE DELAWAREAN POWER PRINT, DO %/ ER, DELAWARE. A |
| CONTENTdm file name | 4587.pdfpage |
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