Laws of the State of Delaware - Volume 21 - Page 1 |
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LAWS
OF THE
STATE OF DIH: LAWAR
PASSED
AT AN ADJOURNED SESSION OF THE GENERAL ASSEMBLY,
COMMENCED AND HELD AT DOVER,
TUESDAY, JANUARY, II, A. D. 1898,
AND
IN THE YEAR OF THE INDEPENDENCE OF THE
UNITED STATES THE ONE HUNDRED
AND TWENTY- SECOND.
VOLUME XXI- PART I.
1898:
PRINTED AT THE HERALD OFFICE.
MILFORD, DELAWARE.
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 21 |
| Date Original | 1898 |
| Description | Laws of the State of Delaware, Passed at an Adjourned Session of the General Assembly, Commenced and Held at Dover, Tuesday, January 11, A. D. 1898. Volume XXI |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Printed at the Herald Office |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text |
LAWS OF THE STATE OF DIH:LAWAR PASSED AT AN ADJOURNED SESSION OF THE GENERAL ASSEMBLY, COMMENCED AND HELD AT DOVER, TUESDAY, JANUARY, II, A. D. 1898, AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND TWENTY-SECOND. VOLUME XXI-PART I. 1898: PRINTED AT THE HERALD OFFICE. MILFORD, DELAWARE. LAWS OF DELAWARE. TITLE FIRST. Of the Jurisdiction and Property of the State ; its Leg-islation and Laws. CHAPTER 1. SOVEREIGNTY AND JURISDICTION. AN ACT giving the consent of the Legislature of the State of Delaware to the purchase by the United States of Land within this State for the purpose of erecting Forts, Magazines, Arsenals, Dockyards and other needful Buildings. Be enaeled by _the Senate and House of Refiresenlalives (yr the Slate of Delaware In General Assembly met : SECTION 1. That the consent of the Legislature of Dela- Consent or ware be and the same is hereby given to the purchase by the spZ11:.4 Government of the United States, or under the authority of the same, of any tract, piece or parcel of land not exceeding 2:,.":;r14".' one hundred acres in any one place or locality from any indi- rs, fortn, vidual or individuals, bodies politic or corporate, within the boundaries or limits of the State of Delaware, for the purpose of erection thereon of forts, magazines, arsenals, dockyards and other needful buildings ; and all deeds, conveyances, or pa title papers for the same shall be recorded as in other cases rectrAlg, upon the land records of the county ill which the land so&e. conveyed may be situated ; and ill like manner may be re-corded a sufficient description, by metes and bounds, courses 4 LAWS OF DELAWARE. SOVEREIGNTY AND JURISDICTION. and distances, of any tracts, legal divisions, of any public land belonging to the United States, which may be set apart by the general government for any or either of the purposes before mentioned, by an order patent, or other official docu-ment or papers so describing such land. The consent herein and hereby given being in accordance with the eighteenth clause of the eighth Section of the first Article of the Consti-tution of the United States, and with the Acts of Congress in such cases made and provided. SECTION 2. The lots, parcels, or tracts of land so selected, together with the tenements and appurtenances, for the pur-poses before mentioned, shall be held exempt from taxation by the State of Delaware. slyo vaenrtei lign SECTION 3. The sovereignty and jurisdiction of this State shall extend over all lands hereafter acquired by the t ton of stmt. to United States within the limits of this State, so far as that all - extend to. civil and criminal process, issued by virtue of any law of this State, may be executed in any part of the lands so acquired, or the building or structures thereon erected. zWroved Hay 19, A. D. IS9S. Exemp-tion from tit xitt Ion. LAWS OF DELAWARE. 5 OF THE STATE HOUSE. CHAPTER 2. OF THE STATE HOUSE. AN ACT to provide for the payment of amounts remaining due for Changes and Repairs of the State House, Furniture, Fie. Be 1/ enacted by the Senate and House Refircsentatives the State of Delaware in General Assembly me/: SECTION 1. That the sum of four thousand four hundred Aopprron f and sixty-seven dollars and sixteen cents ($4,467.16), be and t%o the same is hereby appropriated out of any moneys in the IZAirob State Treasury to the credit of the General Fund and set Vat,e,. apart for the purpose of paying the remainder of the amounts contracted and remaining due for changes, alterations and re-pairs in the State House and the furniture therein, done under orders of the committee of the two houses, appointed for that purpose at the last session of the Legislature. The said amount shall be paid out by the State Treasurer upon now paid. orders drawn by the said committee and signed by the Chair-man thereof and attested by its Secretary. ,,Ipproveri March to, A. D. /So% 6 LAWS OF DELAWARE. OF THE STATE HOUSE. CHAPTER 3. OF THE STATE HOUSE. AN ACT providing for the appointment of a Committee to make necessary Repairs in the Roof of the State House, to have the outside of the State House repainted and to purchase necessary Furniture for the different Offices, Halls and Rooms of the State House, and appropriating Three Thou-sand Dollars for the Payment of the same. Re' ii enaded by flee S'enale and House of Reibresenlatives S/ale t/Delaware in General Assembly met commit- SEcnor; t. That a Joint Committee of two on the part of lee to make re- the Senate and three on the part of the House of Representa-tives, be appointed by the respective Speakers of the Senate ish state House. and House, whose duties shall be to cause such repairs to be made in the roof of the State House as they may deem neces-sary, to cause the State House to be repainted on the exterior thereof, and to purchase such furniture as may be necessary for the different offices, halls and rooms in the State House. lAimdvae rttoisre - SlicTioN 2. The said Committee shall advertise for pro-bids. posals for all work and furniture to be done and supplied under vAo wnts rrade to. f the provisions of this Act, and shall award the contract there- for to the lowest responsible bidder or bidders. The said Committee shall have all needful power and authority therefor when appointed. SEcrtoN 3. That the cost of the repairs, repainting and furniture as provided for in this Act, shall not exceed the sum of three thousand dollars, or as much of said sum as may be I I mv paid necessary for the purpose of this Act. Any moneys appro-priated for the expenditures provided for in this Act shall be paid by the State Treasurer upon orders drawn by the said Joint Committee, signed by their Chairman and attested by their Secretary. The said Committee shall render a full ac-count of their expenditures to the next session of the General Amem bl V. ../fifinny'll :Way /15, D. IS9S. LAWS OF DELAWARE. OF THE STA'rE HOUSE. CHAPTER 4. OF THE STATE HOUSE. AN ACT assigning the Rooms m the State Rouse to certain Public Officers. Be it enacted by the _Senate and House of Representatives of the State of Delaware in General Assembly met : SEcrioN 1. That the Senate and Represenative chambers Se ne in the State House at Dover, together with all the other rooms 'r'euntitg,-. on the second and third floors of said State House shall be, at bohnr,sr. all times, for the exclusive use of the Legislature, and under its control. SECTION 2. That the two communicating rooms situated On oog at the northwest corner, on the first floor of said State House, °mem are hereby designated as the Governor's Offices and assigned to said officer. SECTION 3. That the room situated on the north side of .9! said State House on the first floor, adjoining the Governor's 'surer. offices, is hereby designated as the office of the State Treasurer, and assigned to said officer. SECTION 4. That the three communicating rooms, and the offices of fire proof vault situated at the Southwest corner, on the first =en.' floor of said State House are hereby designated as the offices of the Secretary of State, and assigned to said officer. SECTION 5. That the room situated on the South side of (Mice of r tel,d,ottionitt40.1 said State House and on the first floor thereof, and adjoining. the offices of the Secretary of State on the East side, is hereby designated as the office of the Auditor of Accounts, and as-signed to said officer. SECTION 6. That the room situated on the South side of! tal.(elt°Irry said State House, on the first floor thereof, and adjoining the''" office of the Auditor of Accounts on the East side, is hereby designated as the office of the Judiciary, and assigned to the . use of the Judiciary of the State of Delaware. SECTION 7. That the room situated on the South side of otik, of said State House, on the first floor thereof, and adjoining the Viai,LrLnrimi. - 8 LAWS OF DELAWARE. OF THE STATE LIBRARY. office of the Judiciary on the East side, is hereby designated as the office of the State Librarian, and assigned to said offi-cer. Control of SECTION 8. That the office of the Judiciary shall be offices, under the control of the Chancellor and the other offices herein mentioned shall be under the control of the officers to whom they are respectively assigned by the provisions of this Act. Afifiroved June I, A. D. /S98. CHAPTER 5. OF THE STATE LIBRARY. 'ontln-gent, ex-penses of State IA brary. settle-ment. AN ACT to amend Chapter 6, Volume 17, Laws of Delaware, entitled "An Act to establish the State Library." Re it enacted by the Senate and House of Refiresentatives q/' the Slate of Delaware in General Assembly met: SEcnoN 1. That Section 8 of Chapter 6, Volume 17, Laws of Delaware be and the same is hereby stricken out and the following inserted in lieu thereof, "Section 8. That the Librarian shall be allowed the sum of one hundred dollars per year to defray the current expenses of the State Library, and for the expenditure of the money appropriated for that purpose he shall present his vouchers to a committee of the Legislature appointed at any biennial or adjourned session, to settle with the State Librarian." 'M,dpOap tfriooor-n of hheerrSeeEbbNCyT IfOuNrt h2e. r aTmheantd esda idb y Cshtraipktienrg 6o ubte Saencdti otnh em s aomf es aiids ::M?"08 Chapter and inserting in lieu thereof the following, "Section !wary. 10. That the Librarian shall annually, under the direction of the Supreme Court expend a sum not exceeding three hundred dollars for the purpose of purchasing judiciary re- LAWS OF DELAWARE. 9 OF THE STATE LIBRARY. ports, preference being given to supplying the missing vol-umes of sets of reports in the Library, and also for purchas-ing a copy of the History of Delaware by J. Thomas Scharf. Said sum to be paid the Librarian by the State Treasurer out now paid, of moneys appropriated for that purpose, upon the presenta-tion of the endorsement and approval of the Judges of said Supreme Court or a majority of them." SEcTioN 3. That in all future editions of the Laws of this State said Chapter 6 shall be published as hereby amended. Apfiroved Afire./ 28, A. D. 1898. CHAPTER 6. OF THE STATE LIBRARY. CHAPTER 0 of Volume 17, Laws of Delaware, as amended by Chapter 5 current Volume. "An Act to establish the State Library." Be ii enacted llw ,S'enale and House of Refiresenlalives q/- 1he qie Delaware in General Assembly meI SEcrlos I. The State Library shall consist of the books, Contents pamphlets, maps, charts and documents of every kind now belonging to the same, together with such others as it may hereafter acquire by gift, purchase, exchange or otherwise. SECTION 2. The Governor shall, on the first Tuesday of Appoint- April in the year A. D. 1883, and every two years thereafter, appoint a State Librarian, who shall hold his office for the te4,;;;)fy,c. term of two years, beginning on the ninth day of April next following his appointment, and until his successor is duly appointed and qualified. Before entering upon his duties the Librarian shall take the oath of office and give a bond to the Ilona ill-- State in the sum of two thousand dollars, with two sureties mozrtilioy to be approved by the Governor, conditioned for the faithful condition. performance of his official duties, the safe keeping and de-livery to his successor of all property belonging to the Li-brary ; such oath and bond to be filed in the office of the Secretary of State. 2 Duties. Books to he Fe- 1 rned within PO days, tin-less re-neA ed. OF THE STATE LIBRARY. LAWS OF DELAWARE. SEcTroN 3. The Librarian (hall have general charge of the State House, and shall see that the same is properly cared for. 14) hall, by and with the consent of the judges of the Court o Errors and Appeals, make such rules and regula-tions governing the Library and its use as may to them seem proper. He shall keep a complete record of all the books taken from the Library, and require the return of the same within thirty days, unless renewed by a written application but in no case shall there be more than one renewal. In case any person taking books from the Library should fail to return the same within thirty days or renew as above Fine. provided, then, and in that event, he shall be fined by the When. Librarian the sum of ten cents per book for each and every week such book or books are so unlawfully retained. The said fine to be collected by the Librarian as such debts are by Itowt'ol- law now collected, and the proceeds arising from such collec- leeted and ex Pooded t1011 to be expended by him in purchasing stationery for the Library. Rt,t'ord to SEcTIoN 4. The Librarian shall also keep a complete be kept of Irooks, etc, record of all books, pamphlets, &c., received by him for the State Library, properly label, and acknowledge the receipt of the same. SECTION 5. Immediately upon the publication of the laws by the Secretary of State, he shall deposit in the Library lutes is fifty copies, and the Librarian shall send a copy of the same to disposal ' "me imvs to the library of each State and Territory in the Union, one the state and to the Congressional Library, one to Delaware College, one .111,11(.11d Reports. to the Historical Society of the State of Delaware, and one to the New Castle County' Law Library. The Secretary of State shall also, upon the receipt of the Judicial Reports, and the Chancery Reports, place in the Library, in addition to the number now required by law to be placed therein, a number of copies thereof equal to the number of States and Terri-tories of the United States, and the Congressional Library, Delaware College, the Historical Society of the State of Del-aware, and the New Castle County Law Library, and the Librarian shall thereupon transmit one copy thereof to the library of each State and Territory above named, one to the Congressional Library, one to Delaware College, one to the Historical Society of the State of Delaware, and one to the New Castle [County] Law Library. LAWS OF DELAWARE. I OP THE STATE LIBRARY. SECTION 6. The Librarian shall, on the first day of the Report to sessions of the General Assembly of this State, make a reporte(Lsneernt to the same, setting forth the condition of the Library, the Contents. number of fines levied and collected, the number and title of books lost during the two years past, and the number and kinds of books received by him for the Library in that period, and all other things concerning the Library that he may deem proper. He shall also keep the Library open each day, except Sundays and legal holidays, from io o'clock, A. M. to 12 o'clock, M., and from 2 o'clock to 4 o'clock, P. M., and during Library. the sessions of the Legislature and the sessions of the Courts owpel let Da tt 14C1 in Kent County, from 9 o'clock, A. M. to 9 o'clock, P. M. '05". SEcTioN 7. That at any time, when the State Librarian shall fail to perform his duties as hereinbefore prescribed, 1:1°Xlr'in.-°r then, and in that event, the Governa may remove him, and appoint some other competent person to fill the unexpired Wilen term. [''SEcTIoN S. That the Librarian shall be allowed the gceoN sum of one hundred dollars per year to defray the current, ,ttniltsues o expenses of the State Library, and for the expenditure of the Library. money appropriated for that purpose he shall present his ,C,,1,1A.1,:tir5" vouchers to a committee of the Legislature appointed at any voloini, biennial or adjourned session, to settle with the State Li- ',;;;;;lt;' brarian."] SEcTioN 9. That the Librarian shall receive for his ser-vices, as such officer, the sum of four hundred and fifty dollars per year and he is hereby authorized and empowered to draw upon the State Treasurer, at the end of each quarter, for the same. PSEcTioN 10. That the Librarian shall annually, under the A pproprt-direction of the Supreme Court expend a sum not exceeding artV three hundred dollars for the purpose of purchasing judiciary NT.' reports, preference being given to supplying the missing vol-umes of sets of reports in the Library, and also for purchasing eurrient a copy of the History of Delaware by J. Thomas Scharf. "1"1"' Said sum to be paid the Librarian by the State Treasurer out of moneys appropriated for the purpose, upon the presentation of the endorsement and approval of the Judges of said Supreme Court or a majority of them."] 1 2 LAWS OF DELAWARE. OE THE STATE LIBRARIAN. SEcTioN i i. That all acts or parts of acts inconsistent with the provisions of this act, are hereby repealed. Passed al Dover, March 30, 1883. Amended by Ad afifiroved, Afiril 28, A. D. 1898. CHAPTER 7. oF THE STATE LIBRARIAN. AN ACT to conform the appointment of State Librarian to the Amended Constitution. enacted by the .S'enale and House ry'Represeillalizrs the Sier/ery" 'Delaware in General Assembly me1 t1l(I1t1i1 1o1f 1m- SECTION I. That the term of the office of the present 1,rin State Librarian shall terminate on the second Tuesday in Slate LI- February in the year one thousand eight hundred and ninety-ii it nine, and thereafter his successor in office shall be appointed appoint-ment. for the term of two years, commencing- on the second Tues-day in February ill the year one thousand eight hundred and ninetv-nine. SECTION 2. All acts or parts of acts inconsistent with this act are hereby repealed. Approved .11arch 1, A. D. /SyS. LAWS OF DELAWARE. 13 OF THE JANITOR FOR THE STATE HOUSE. CHAPTER 8. OF THE JANITOR FOR THE STATE HOUSE. AN ACT to amend Chapter 64, Volume 19, Laws of Delaware, entitled "An Act to authorize the appointment of a Janitor for the State House." Be enacted by the &wale and House qf Representatives of the Slafe of Delaware in General Assembly mel SECTION I. That Section 2 of said Chapter 64, Volume State Janitor of 19, Laws of Delaware, entitled "An Act to authorize the ap-nouse pointment of a Janitor for the State House" be and the same V= is hereby amended by adding at the end of said Section 2, the following : "The said Janitor for the purpose of enforcing this Section shall be clothed with all the powers which any police officer of the town of Dover now has." SECTION 2. That Section 3 of Chapter 64, Volume 19, pillymen Laws of Delaware, be and the same is hereby amended by grVill'ittitL.. striking out all of said Section after the words "per year" in the third line thereof and inserting in lieu thereof the words ."payable in equal quarterly installments." SECTION 3. That Section 4 of said Chapter be and the now paid. same is hereby amended by striking out the word "draft" in the sixth and seventh lines thereof and inserting in lieu thereof respectively the words "quarterly installments." Approved March /7, A. D. /80% ty and fifty copies to the Prothonotary of Sussex County; and he 14 LAWS OF DELAWARE. OF THE PASSING AND PUBLICATION OF LAWS. CHAPTER 9. OF THE PASSING AND PUBLICATION OF LAWS. AN ACT to amend Chapter 4 of the Revised Statutes of the State of Delaware, relating to the passing and publication of Laws. Re 1'1 (nada by The .S'enale eznd House of Reibresenlalives the .S'lafr af Delaware in General Assembly mel SEcriox 1. That Section i of Chapter 4 of the Revised Statutes of the State of Delaware be and the same is hereby stricken out and the following inserted in lieu thereof "Whenever a bill, order, resolution or vote of both Houses of the General Assembly, first being duly enrolled and signed by the President of the Senate and the Speaker of the House of Rep-of hills, resentatiyes and having been approved and signed by the Gov-wit See- ernor, or not having been returned by him with his objections, ret 'try sink, becomes a law or takes effect, it shall forthwith be received by the Secretary of State from the Governor ; and whenever a bill, order, resolution or vote is returned by the Governor with his objections and on being reconsidered, is agreed to be passed and is approved by three-fifths of all the members elected to each House of the General Assembly and thereby becomes a law, or takes effect ; it shall be received by the -Secretary of State from the President of the Senate or the Speaker of the House of Representatives, in whichsoever house it shall last' printing have been so approved, and(the Secretary of State, if the bill, order, resolution or vote, be of a public nature, shall imme- N umber (Hatcly upon the adjournment of the General Assembly, have of copies. three thousand two hundred copies, accurately printed in pamphlet form, with proper notes and index, and shall care-fully preserve the originals. sty', la "The printing shall conform with this edition and each vol- printing. ume shall be closed- when the pages exceed five hundred and the Secretary of State shall then have three hundred and fifty copies bound with a general index, which he shall distribute ntninrg , as loilow . one hundred copies to the Prothonotary of New lion,r ib"' Castle County, fifty copies to the Prothonotary of Kent Conn- LAWS OF DELAWARE. OF THE PASSING AND PUBLICATION OF LAWS. shall charge the respective Prothonotaries for the same at the Sole of. rate of two dollars per volume pile copy to the executive ; one copy to each State officer ; one copy to each County officer of the respective Counties and the residue to the State Library for the Librarian to distribute ; one copy to the State Library of each of the United States and retain the residue. The copies Custody of delivered as herein provided, to the executive, the State and County officers, shall be kept and remain in their respective offices and by them delivered to their successors as the pro-perty of said offices." SEcTioN 2. That Section 2 of Chapter 4 of the Revised Statutes of the State of Delaware, be and the same is hereby stricken out and the following inserted in lieu thereof :T" 1- DistrIbu- Laws when printed in pamphlet form, as directed in the fore- l'ilrn;)11et going Section shall be distributed, by the Secretary of State =.ssl o n as follows, one thousand one hundred copies to the Prothono-tary of New Castle County, seven hundred copies to the Pro-thonotary of Kent County, and eight hundred copies to the Prothonotary of Sussex County ; one to the President of the United States ; one to each of the departments of the General Government, two to the Library of Congress ; one to Delaware College ; one to St. Mary College ; one to the Historical Society of Delaware; one to the executive of each of the United States ; retain three hundred and fifty copies in the office of the Secretary of State, for the purpose of being bound into suitable volumes, as provided in the foregoing Section and the residue to the State Library, for the Librarian to dis-tribute one to the State Library of each of the United States and retain the residue." Auditor's SECTION 3. That Section 4 of Chapter 4. of the Revised Ititte,p(inx, Statutes be and the same is hereby amended by striking out with,' 10 the words "The Auditor's Report" in the third and fourth lie,V''lit-lines of said Section. JournniR. Approved April 2s, .4. l). (S' 9S. 16 LAWS OF DELAWARE. OF THE PASSING AND PUBLICTION OF LAWS. CHAPTER 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 private and unpublished acts here-tofore passed have been allowed to become void through ignorance or neglect of the aforesaid enactment ; therefore, for the purpose of relieving the parties interested of the em-barrassments and disappointments arising from such neglect in the premises ; therefore, Be it enacted by the Senate and House rye Representatives ry- /he 57a/e of. Delaware in General Assembly met (two-lhfrds (yr each branch concurring ther('in): 1..pub. SECTION I. That all unpublished acts heretofore passed Ilshed /lam nt,t re- that have become void on account of not being duly recorded ceonradtetedd r e- in compliance with the provisions aforesaid and that have not :T;!,:=,(i by special acts been repealed or become void by lapse of the 1ize,ord- time for which they are limited, be and the same are hereby severally renewed and re-enacted, and together with the pro-visions 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 pro-visions of said acts respectively shall have the same force and At-is v""d. effect and be as valid to all intents and purposes as if the said acts had been severally recorded according to law. I'mvided, that this enactment shall not take effect in the case of any act that has become void as aforesaid until a certified copy thereof procured of the Secretary of State, shall be duly recorded in the Recorder's office of one of the counties of this who, no State ; and provi,frd Arthcr that no such copy of a voided inimt be Nowdol. act shall be received for record after the expiration of one year after the passage of this act. LAWS OF DELAWARE. OF THE PASSING AND PUBLICATION OF LAWS. SEcTroN 2. That this act shall be deemed and taken to be a public act and be published as such. AAbroved March 17, A. D. i(S'98. CHAPTER Ir. OF THE PASSING AND PUBLICATION OF LAWS. AN ACT to revive and extend the time of recording Private Acts. Wm:to:As, 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 pur-pose of relieving the parties interested of the embarrassments and disappointments arising from such neglect in the prem-ises ; therefore Be it enacted by the Senate and Bourse of Represenlatizes the Stale of Delaware in General Assembly met: SECTION 1. That all unpublished acts heretofore passed certain that have become void on account of not, being duly recorded ;:eu-eldn'a",11'(4,, in compliance with the provisions aforesaid and that have not by special acts been repealed or become void by lapse of the Lin:fvf. time for which they were limited, be and the same are hereby severally renewed and re-enacted, and together with the pro-visions therein contained are respectively declared to be in full force for the period mentioned in the original acts, and 3 S LAWS OF DELAWARE. Ael, un-der made It I tell enpy to be reeorded xv hen. OF JUDICIAL REPORTS. all acts and transactions done and performed under the pro-visions of said acts respectively shall have the same force and effect, and be as valid to all intents and purposes as if the said acts had been severally recorded according to law. Prinvded, that this enactment shall not take effect in the case of any act that has become void as aforesaid until a cer-tified copy thereof, procured of the Secretary of State, shall be duly recorded in the Recorder's office of one of the Counties of this State ; and provided /?n-lber, that no such copy of a voided act shall be received for record after the expiration of one year from the passage of this Act. S:clic*: 2. That this Act shall be deemed and taken to be a public act and be published as such. ..lphroved June /, I). CHA PT ER 12. OF JUDICIAL REPORTS. AN ACT in relation to the publication of the report of the Decisions ot James L. Wolcott, late Chancellor. \V II ER F.As, In accordance with Chapter 223, Volume 14, Laws of I)elaware being a Joint Resolution authorizing the publication of the reports of the Chancellor, the Chan-cellors of this State have collected, reported and from time to time published certain equity cases as therein provided ; and WitEREAs, James I,. Wolcott, late Chancellor of this State died leaving certain cases determined by himself unpublished, which casts arc altogether about sufficient to complete an addi-tional Volume of Chancery reports ; and il:.kE.\s, The manuscripts of said case.; are in the hands of James I,. Wolco,.1, Jr., tli,. administrator of said James Wolcott, decea:;«I. Now therefore, LAWS OF DELAWARE. 19 OE JUDICIAL REPORTS. Be it resolved by Me Senate and House of Refiresentaaves of the Slate of Delaware in General Assembly met : SEcTioN I. That James L. Wolcott, Jr., be and he iS tfted:uoV hereby authorized and requested to prepare for publication deostOn,',' and publish the cases in equity determined by the said James':.4 1.e Lo.t to L. Wolcott, as Chancellor, upon the same terms and subject to the requirements of the said resolution passed at Dover, March 29th, 1871, except as to the number of pages to be contained in such volume ; and the said James L. Wolcott, Jr., shall have full power and authority to select such cases and other papers which came before the said James L. Wol-cott as Chancellor, as in his discretion he may deem proper for publication. SHCTION 2. That when the said report shall have been too copies published, one hundred copies of the same shall be deposited in the office of the Secretary of State for the use of the=rgr State, and upon the certificate of the Secretary of State of Payment such deposit, the State Treasurer shall pay to the said James'''. L. Wolcott, Jr., eight hundred dollars out of any money in the State Treasury not otherwise appropriated, to cover the expenses of the publication of the said report, and shall pay me,(,),11.11)er to the said James L. Wolcott, Jr., the sum of one hundred;r:L.--i4I-dollars out of any moneys in the State Treasury not other-e°Lt.jr. wise appropriated, for his services. ,-/fifiroved 1.tra.i, 19, A . D. 1898. 20 LAWS OF DELAWARE. OF JUDICIAL REPORTS. CH A ',TER 13. OF JUDICIA L REPORTS. AN ACT authorizing the publication of the decisions of the Court of Errors and Appeals, the Superior Court, Court of General Sessions of the Peace and Jail Delivery and the Court of Oyer and Terminer from February 1. 1803, to June 10, 1807. lie it enacted by the Sena le and Hans( Representatives the State (y. Delaware in General Assembly met m.ners SF.CTION i. That David 'I'. Marvel, be and he is hereby authorized to prepare for publication, and publish such de-o, Inw ,ourts, cisions of the Superior Court, the Court of General Sessions of the Peace and Jail Delivery, the Court of Over and Ter-miner and the Court of Errors .and Appeals from February 1893, 10 June loth, 1897, as he shall consider important to be published ; and shall print and publish the same in vol-umes of not less than six hundred pages including an index. helk,rY He shall deposit one hundred and ten copies of each volume of said reports.in the State Library for the use of the State, and upon the certificate of the Secretary of State of such deposit the Governor shall draw his warrant upon the State Treasurer in favor of the said David T. Marvel to pav for the same at the price of ten dollars per copy, which shall be paid by the State Treasurer out of all V funds not otherwise appro-priated. ittroz td fir ne LAWS OF DELAWARE. 21 TITLE SECOND. Of the Public Revenue ; and the Assessment, Collec-tion and Appropriation of Taxes. CHAI"r1;I: 14. OF PUBLIC REVENUE. AN ACT to amend an Act entitled, "An Act to regulate the business of Pawn Brokers and Junk Dealers within New Castle County" and to re-enact the provisions of said Act. Re it enacted by the Senate and House of Representatives (27- The State of Delaware in General Assembly met SEcTioN 1. That Section 1 of Chapter 374, 20, Anntud, of the Laws of Delaware, be and the same is hereby amended'"r by inserting between the word "grant" and the word "license",=7,';',11, ill the second line of said Section the words, "all annual." de"lurs. That Section I be further amended by adding after the word xeept Ion "books" in the last line of Section i the words "or persons dealing in second-hand furniture." That said Chapter 374 be' and the same is hereby further amended by striking out the NoVerof word "two" at the end Of the third line of Section 3. That ..1;(1,7-ti (i. said Section 3 be further -amended by striking out the word "sureties" in the fourth line of said Section 3 and inserting in surety on bond. lieu thereof the word "surety." That said Chapter 374 be and the same is hereby further amended lw striking out in Method 01 the fourth and fifth lines of Section 9-, the words "made at public auction and not otherwise." That said Chapter 374 be and the same is hereby further amended by striking out the 4,un, words "except by sale at public auction as hereinbefore pro-vided" in the fourth and fifth lines of Section 13. That said Chapter 374, V0111111e 20, Of the LaWS Of Delaware, be and the same is hereby further amended by striking out Section 15, and inserting ill lieu thereof a new Section 15, as follows : 22 LAWS OF DELAWARE. OF PUBLIC REVENUE. Preserva SE.c'rmx 15. That no property of any kind received on Mon and holding ordeposit, by purchase, or as a pledge by any pawn broker shall property. be permitted to be removed from the place of business of such pawn broker for the period of six months from the time of such deposit, purchase, or pledge (except the same be redeemed by the owner) nor shall any property coming into the hands of any pawn broker or junk dealer be disfigured or its identity destroyed or affected in any manner so long as it continues in pawn or in the possession of such pawn broker, junk dealer or person engaged in the second-hand business. Atpilt or SECTION 2. That in the month of November in each year, oWierit ',fit shalt be the duty of the County Comptroller of New Castle 1111'1"1". County to audit the accounts of the Clerk of the Peace of the said County with pawn brokers and junk dealers, and to report in writing the result of his audit to the Levy Court Commis-sioners of New Castle County within thirty days thereafter. Stiertox 3. That the provisions of Chapter 374, Volume 20, of the Laws of Delaware as hereby amended be and the same are hereby re-enacted. .-1/.0mved rch iv, i. D. iS9S. C HA PIER 15. OF PUBLIC REVENUE. AN ACT to amend Chapter 374, Volume 20, Laws of Delaware, being an Act entitled "An Act to regulate the business of Pawn Brokers and Junk Dealers within Now Castle County." Ile 11 ena tied by the .S'ena le and Manse (2/. Rep-esenIalives ate Slale /Dt/at General Assembly mei SECT lox 1. That Section 20 of Chapter 374, Volume 20, Laws of Delaware,being an Act entitled "An Act to regulate the business of pawn brokers and junk dealers within New Castle County" be and tile same is hereby amended by inserting 1.111011111a0 in line four of said Section 20 after the word "of" and before dair'yw rwetitiohnin- the word "five" as they occur in said line of said Section the Unium. following, "not less than fifty dollars nor more than." ..INn-tard / n( I, A. .7.), S 9S. LAWS OF DELAWARE. 23 OF PUBLIC REVENUE. CHAPTER 16. OF PUBLIC REVENUE. AN ACT providing the fee to be paid the State by Justices of the Peace for their Commissions. Be enacted by Senate am! House of AVresenlalives .5lale of Delaware ill General Assembly met: SEcTioN r. That the Secretary of State be and he .5; State fee hereby authorized to demand and receive from each and every =or person hereafter appointed to the office of Justice of the Peace, Liestil.ceetg. for the commission, a fee of six dollars for the use of the State. SECTION 2. That all acts and parts of acts inconsistent with this act be and the same are hereby repealed. .-/pihroz,ed March /7, A. D. /89S. CHAI"PER 17. OF PUBLIC REVENUE. AN ACT authorizing and empowering the State Treasurer to borrow money for certain purposes. WHEREAS, The expenses incident to the present session of the General Assembly made necessary by the 11CW C011Stittl- 1:1011 and the necessary appropriations for the purpose of rais-ing the regiment of troops pursuant to the call of the Presi-dent, and other demands on the Treasury of the State are largely in excess of the present revenues of the State ; and WilP:REAs, The funds in the State Treasury to the credit of the General Fund are largely imufficient to meet the demands thereon ; now therefore, 24 LAWS OF DELAWARE. OF' PUBLIC REVENUE. Be if enacted by the .Senafr and florae of _Representatives (1- the Slate af 1k/aware in General Assembly met: 8InteTren- SECTION i. That the State Treasurer be and he is hereby Fau'0- thorized to authorized and empowered to borrow for the use of the Gen- 110 fTO eral Fund of the State, an amount of money not exceeding fifty thousand dollars, on the best terms that he can obtain and for such time as he may deem absolutely necessary, for the following purposes, viz PurPoses The payment of the cost and expenses of the encampment "0/7011'- i 11 g of the National Guard of Delaware ; the expenses of the present Session of the General Assembly ; to pay to the school fund the amount which has been used therefrom for the benefit of the General Fund and to pay the salaries of State officers. SEcricix 2. That the public faith and credit is hereby pledged lo expressly pledged to the full and complete payment of the ment. Principal and interest of the money so to be borrowed, under the provisions of this Act. Approzrd May 2 1 , A. B. CIIA 1"IsER 18. OE PUBLIC REVENUE. AN ACT making appropriations for the expenses of the State Government other than Legia/ntive expenses, for the fiscal year ending on Monday im-mediately preeed ng the second Tuesday of January in the year of our Lord one thousand eight hundred and ninety-nine. Be if (waded by Mc .Venale and /louse af Representatives fy thy Sin (yMeiniva re in l;entra/ Assembly me/, as jallencs Iii011111S SEC"r1()N i. That the several amounts named in this Act to or so in thereof as mav be necessary, are hereby appropri-he paid hv ate d and authorized to be paid out of the Treasury of this State to the respective public officers, and for the several pur-poses specif,ed for the current fiscal year ending on Monday 1 LAWS OF DELAWARE. 25 OF PUBLIC REVENUE. immediately preceding the second Tuesday of January in the year of our Lord one thousand eight hundred and ninety-nine, namely For the Governor for salary, two thousand dollars. For oovernor. postage, stationery and expenses of Governor's office, one hundred and fifty dollars. For the Secretary of State for salary, one thousand dol- Sofeeretat*y lars. For indexing and preparing for publication laws of the adjourned Session of the Legislature, held in the year 1898, five hundred and fifty dollars. For the Stenographer and Typewriter for the Governor stetiy-_ and Secretary of State for salary, three hundred and fifty;;:1Vie-writer. dollars. For the State Librarian for salary, five hundred and fifty rti7 dollars. For current expenses of State Library, one hundred "Inn' dollars. For Judicial Reports for State Library, three hundred reports. dollars. For the Janitor of the State House for salary, five bun-J.1111ov. dred dollars. For the Chancellor for salary, three thousand and eight L''..'"neel-hundred dollars. For the Chancellor for reporting, two hundred dollars. For the Chief Justice for salary, three thousand and (,:!!!!'"""- eight hundred dollars. For the four Associate Judges fcr salaries, fourteen thou- A""elate sand and four hundred dollars. For the Associate Judge resident in Kent county for re-porting, two hundred dollars. For the two Judges under the late Constitution, who were not re-appointed under the recently amended Constitu-tion, three thousand dollars. For the Court Stenographer for salary, one thousand and c,urt, five hundred dollars. grapher. For the State Treasurer and Trustee of the School Fund sothI..T ren- for salary, one thousand four hundred and fifty dollars. 4 111C. 26 LAWS OF DELAWARE. Or PUBLIC REVENUE. Sit Me. For the State Treasurer for postage, stationery, clerical assistance, &c., five hundred dollars. kutlitor of For the Auditor of Accounts for salary, one thousand Ae"ifinis. and two hundred dollars. Sallie. For the Auditor of Accounts for postage, stationery, blanks and school reports, two hundred dollars. AltorneY For the Attorney General for salary, two thousand dol- I ieneral. lars. For the Attorney General to pay salary of the Deputy- Attorney General, seven hundred and fifty dollars. For contingent expenses for the Attorney General, for obtaining evidence in capital cases and cases of burglary, two hundred dollars. IISUFUTIVe For the Insurance Commissioner for the necessary ex- . 'olli penses of his office, such as postage, stationery, etc., one hun-dred and fifty dollars. For the two State Detectives for salaries, two thousand and four hundred dollars. For actual expenses in serving requisition papers, three hundred dollars. vb.', COM- For the Fish Commissioner for salary and all necessary expenses incurred in the discharge of his official_ duties, five hundred dollars. ,op,rio- For the three County Superintendents of Free Schools 1... d.qo or ,, no- salaries, three thousand dollars. n.,0-,trun, Vor Registrars and Associate Registrars for compensation ...id ..,.... ..no,,.. t,, or their services, eleven tholisand dollars. 1., pnri For the Department of _Elections for the City of Wil7 .....1..1 F.:....0,,,.. mim.2:ton, three thousand and three hundred dollars. er,,.:.1 ...r. tufts Fion r thteh es eevxepraeln soens noitfi ehso lodfi ntgh et hSe taWteh, itfeo uTr eahcuhnedrrse' dI nasntid-fifty dollars, I 1..o;,.., ,...,r , Fir tile exp(mses of holding Colored Teachers' Institute, Ii ',Ow, 011e hundred dollars. I.. :......... For the Delaware State Hospital at Farnhurst for the !...i. Ilse and support thereof, forty thousand dollars. LAWS OF' DELAWARE. 27 OE PUBLIC REVENUE. For the purpose of carrying into effect the provisions of lauttigil the Act entitled " An Act to provide for the maintenance, discipline and regulation of the National Guard of Delaware" passed at Dover May 7, 1897, including the salary of the Adjutant General, five thousand dollars. For the Town of Dover to pay for water furnished foi water. the use of the State House, one hundred dollars. For the Farmers' Institutes for the purpose of defraying Farmers' incidental expenses of holding the same, six hundred dollars. I stitutes. For the State Board of Agriculture, three hundred dol-=V I% of lars. Agricul-ture. For the Delaware Industrial School for Girls, one thou- Sr"chdo"oslt rli" sand and five hundred dollars. for Girls. For the Peninsula Horticultural Society, three hundred Peal/Italia tItA tor:alSkoal.i - dollars. For the State Board of Health, one thousand dollars. HBoard of ealth. For the trustees of Delaware College for the use of said Goolawaro College, being its share of appropriations made by the General ge. Government for the year 1898, nineteen thousand and two hundred dollars. For the trustees of the State College for Colored Students rata( vai-for the use of said college, being its share of appropriations made by the General Government for the year r898, four 8t"'" thousand and eight hundred dollars. For the burial of indigent soldiers, sailors or marines, Indigent six hundred dollars. soldiers, For the Historical Society ooI of Delaware for the use thereof, S e II imtot three hundred dollars. For the purpose of reimbursing the owners of diseased cat-tle killed under the provisions of Section 2 of the Act entitled "An Act to prevent the spread of contagious or infectious pleuro-pnetnnonia among the cattle of this State" and for all other expenses under said Act, two hundred dollars. For the purpose of defraying the expenses involved in carrying out the provisions of the Act entitled "An Act for lower the eradication of infections and contagious diseases among "us' the lower animals" and of the amendments thereof, one tin usand dollars. 1 1 38 LAWS OF DELAWARE. OF PUBLIC REVENUE. For insurance against fire on property belonging to the State, one thousand dollars. For repairs on property belonging to the State, one hun-dred and fifty dollars. For printing Acts and Resolutions of the General Assem-bly, and for all other printing done for the use and benefit of the State, including the books and papers to be furnished to the Registration Officers, ten thousand dollars. For the maintenance and instruction of the indigent deaf and dumb, and indigent blind, and cr idiotic children, in Institutions outside of the State, five thousand dollars. Band. For the purchase of books, maps or other appliances for the use of the blind, one hundred dollars. Pnsident For the President of the Board of Trustees of the State ,,t iimrd Hospital at Farnhurst, for visiting the Institutions outside of r.....- htinm this State in which are being instructed at the expense of the State, indigent deaf and dumb, indigent blind and indigent idiotic children, and for making report to the Governor con-cerning the same, one hundred dollars. For the benefit of the Free Public Schools and in addition to the income arising from investments of the Public School Fund to be used exclusively for the payment of Teachers' salaries and for furnishing Free Text Books, one hundred thousand dollars. hellti- For the education and training of juvenile delinquents noi,..of committed from this State to the '''House of Refuge in the gi,tio:: Refuge. City of Philadelphia and State of Pennsylvania under the provisions of the Act, entitled " An Act to provide for the education aud training of juvenile delinquents" passed at Dover, March 9, 1883, three hundred dollars. I ntvr,.st. Ior the purpose of payinu. interest on the indebtedness of the State, thirty thousand paying hundred and sixty dollars. For the purpose of paying the expenses of the State Board of Education and also the expenses of the County School Commissions under the Act entitled " An Act pro-viding- for the establishment of a General System for Free Public Schools" passed at the Adjourned Session of the Leg-islature held in the year 1898, one thousand five hundred and seventy-five dollars. .4111(,1,1 Insurance Printing. 14.af. hi Ind nntl LAWS OP DELAWARE. 29 OF PUBLIC REVENUE. For the purpose of paying James L. Wolcott for one James L. hundred copies of Delaware Chancery Reports, being the Wolcott. decisions of his late father while chancellor, and for his ser-vices in getting out said reports, nine hundred dollars. For the purpose of paying David T. Marvel for one onvicr. hundred and ten copies of Marvel's Delaware State Reports, marveL one thousand and one hundred dollars. For the purpose of paying the Secretary of State for.,s,r.s.iientiiettY furnishing new seals for the Courts provided in the Act en-titled "An Act concerning the Seals of the Courts" passed at the Adjourned Session of the Legislature held in the year 1898, one hundred and fifty dollars. For the purpose of paying the expenses under the pro- Rerlrml visions of the Act entitled " An Adt providing for the appoint-ment of a committee to make necessary repairs in the roof oft.. the State House, to have the outside of the State House repainted, and to purchase necessary furniture for the different offices, halls and rooms of the State House, and appropriating three thousand dollars for the payment of the same" passe'a at the Adjourned Session of the Legislature held in the year 1898, three thousand dollars. --1Abro7'ed June I, A. D. /898, 30 LAWS OF DELAWARE. OF PUBLIC REVENUE. CHAPTER 19. OF PUBLIC REVENUE. A supplement to an Act, entitled "An Act making appropriations for the ex-penses of the State Government other than Legislative expenses for the fiscal year ending on Monday Immediately preceding the second Tuesday of January in the year of our Lord one thousand eight hundred and ninety-nine." lie if enacted by ate Senate and House of Rapt-est./datives of /lee Stale Delaware in General Assembly mat fiO uppro- SECTION 1. That there is hereby appropriated out of any printea to lidditIonal moneys in the General Fund in the Treasury of the State of con rt stenogra- Delaware, not otherwise appropriated, the sum of three hun-pher. dred and fifty dollars, or so much thereof as may be necessary for the purpose of paying for the services of the additional Court Stenographer and for making copies of the proceedings in cases of appeal to the Supreme Court. ..-Ipprored June 1, A. D. MO. CHAPTER zo. oF PUBLIC R EVEN U E. - An ACT appropriating certain money out of the State Treasury of this State to pay certain claims against the State. Be it enacted by flu Senale and House qf Represenlatives the ,S/ale ey. Delaware in General Assembly met ppro- SECTION 1. That the several sums of money hereinafter ,`,.11(3).ing named are hereby appropriated out of the Treasury of this ,honis wpiinst State for the purpose of paying the claims hereinafter men-tioncd, and the State Treasurer is hereby authorized and directed to pay the same, that is to say To Every Evening Printing Co., for printing, . $9o0 co To News I-ublishing Co., for printing, . 650 oo To State Sentinel Printing Co., for printing, 498 06 LAWS OF DELAWARE. OF PUBLIC REVENUE. To Sussex Journal, for printing, . $667 22 claims. To Times Publishing for printing, 21 00 To Delaware Pilot, for printing, . . 90 95 To Wilmington Freie Presse, for printing, . . 27 15 To the Estate of H. L. Hynson, late editor Penin-sular News S.: Advertiser, for printing . . 1 I 89 To M. L. Hydorn, editor Peninsular News & Ad-vertiser, for printing . . . 18 40 To C. F. Thomas & Co., for blank books, . . 27 20 To P. K. Meredith, for postage stamps and station-ery used by Insurance Commissioner, . 10 oo To J. S. Godwin, for hauling for State House, . 8 70 To Joseph T. Potter, for work and labor done on State Guard Boat, . . . 22 79 To Delaware Farm & Home, for printing, 5 oo To the Smyrna Times, for printing-, . . . 71 48 To John P. Donahoe, for obtaining delinquent lists of licenses, . . . . . . 70 90 To Lewis Dickey, for obtaining delinquent lists of licenses, . . . . . 6o oo To the Star Publishing Co., for printing, . 450 00 To State Librarian Jefferson, for extra work on State House, . . . . . 250 00 To Richard B. Cooper, Janitor, for extra work on State House, . . . 110 00 To The Delawarean, for printing, . . . 702 59 To Layton & Layton, for stationery and stamps, 341 93 To Dr. Edward Fowler, Insurance Commissioner, stamps and stationery, . . . . 47 02 To Dr. Edward Frank Hearn, for copying book for School Superintendent Knowles, . To Sussex Republican, for printing, . 43623 )8C( -) To Theo. Townsend, for printing, . 145 45 To The Delaware Democrat, for printing, 213 27 To Slaughter & Bice, for supplies for State House, 150 92 To Diamond State Telephone Co.; for telephone in State House, . . . . . . 20 00 To Dover Gas Light Co., for gas for State House, 214 71 To The Delaware Democrat, for printing, . . 20 00 To Julian B. Robinson, for blank books, . . 16 io To Satterfield & Faucett, for supplies for State House, . I 1 15 31 32 LAWS OF DELAWARE. OF PUBLIC REVENUE. Claims. To Thos. Rossiter, for printing, . . . . $ to 50 To J. Frank Wilds, for reports on Direct Tax dis-tribution, . . . . . . 500 oo To The Star Publishing Co., for printing, . 316 oo To The Herald (Milford), for printing, . . 125 oo To James Kirk & Son, for printing, . . 400 oo To Dr. Edward Fowler, for stamps, . . . 5 oo To James A. Clifton, for supplies and work done on State House, . . . 131 65 To Freeman & Webber, for printing, 49 03 Approved in ne 9, A. D. / S 9S . CHAPTER 21. OF PUBLIC REVENUE. AN ACT to appropriate money to compensate the Recorder of Deeds for New Castle County for recording report, field notes, description of monu-ments, maps and other items of interest relating to the boundary between the State of Delaware and the Commonwealth of Pennsylvania. Be n acI(d by 11/ .).e n a le and House (y- Rep-even/at/yes ry-the .syah, of Delaware in Genera/ Assembly me/ soot 0 la SECTION 1. That the sum of eight hundred dollars be and the same is hereby appropriated to the Recorder of Deeds C. C. Aluntgontery, of New Castle County, for recording re-aluryg bpoapuenrdm' port, field notes, dt cription of monuments, maps, and other items of intereq relating to the boundary between the State of Delaware and the Commomvealth of Pennsylvania, and the State Treasurer is hereby authorized and directed to pay the same. .415A/7)1'd jlin( /, /1. 1). /SO% 5 lie it enacted by the Senate and House of Refiresentatives of the State of Delaware in General Assembly met : SEe4IN 1. That from and after the first Monday in June,,:evy A. D. 1898 h evy Court of Kent county no-w organ- Of ized and constitute e and the sanç_slra1l be the terms, duties an abolished,and ol 5-0 o ce of the Levy Court Commissioiiera_no imposing vCourt of Kent county are-fiereby declared to be terminate and ended on the said first Monday in June, A. D. 1898. SECTION 2. That from and after the said first Monday in now to he June, A. D. 1898, the Levy Court of Kent County shall be composed. composed of ten members, one [of] shall be chosen from Front each of the ten Representative Districts into which Kent county is divided by the Constitution of this State, in the manner hereinafter provided. 2Z-Y2- 3 SECTION 3. That in order to carry into effect the pur- Appoint-poses of this act, James T. Truax, be and lie,is hereby"gnu" appointed. Levy Court Commissioner for Representative Dis-'"'"1"' trict numbeiwne, James A. Clifton forpinTher five, John C. Gruwell for ninuber six, Joseph A. Prear for number seven, and Walter L. Joiles,for number ne, who shall hold their Term of office respectively unlit. thefrrt Tuesday in February, A. D. "'nee 1901, and until their sit essors shall be duly elected and qualified. That Davi I. 'G-1tids be and he is hereby ap- ppolot-pointed Levy CoufrCoinniissionçfor Representative District= of number two, H ry E. Mabrey forNjumber three, Benjamin C. Cubbage Jor number four, Nathaniel J. Lank for number eight, anc oslma D. Hill for number Iclikk who shall holdTmil their offiee respectively until the first Tuesday in February, "1/1"' A. D. 1899, and until their successors are duty elected and qualified. 1 3 LAWS OF DELAWARE. 33 OF THE LEVY COURT. CHAPTER 22. OF THE LEVY COURT. AN ACT Reorganizing the Levy Court of Kent County, and Defining its Powers and Duties. Elertion of vertittn iiiembers. intstil flea-ions. Term of ottltp. Election oI- other mem berm. I 11,,t tlt mg Ip1rcnl. nization. t tat h. ir..zanii. a-t mn. SEcTIoN 4. That at the general election to be held in the year A. D. 1898 and every fourth year thereafter, there shall be elected for the term of four \ -ears from among the resident freeholders from each of the Representative Districts to wit numbers two, three, four, eight and ten by. the qualified voters thereof, one person to be Levy Court Commissioner of Kent County. The persons elected at the said general election in the \ -ear A. 1). 1898 shall hold their respective offices until the first Tuesday in Vehruary, A. 1). 1903 and until their successors are duly elected and qualified. And at the general election to be held in the year A. 1). Iwo and every fdurth year thereafter, there shall he elected for the term of four \Tars from among the resident freeholders in each of the following Representative Districts, to wit : numbers one, five, six, seven, and nine by the qualified voters thereof, one person to be a Levy Court Commissioner of Kent County._ The persons elected at the said general election in the year A. 1). 190o shall hold their respective offices until the first Tuesday in rebruary, A. D. I9o5 and until their successors are duly elected and qualified. SEcTi0N 5. The persons appointed Levy Court Commis-sioners under the provisions of this act shall meet for Orga-nization on the second Tuesday in June, A. 1). 1898, and shall take the oath of office now provided by law for Levy Court Commissioners ; :ind shall organize by electing one of their number pri.siding officer, and ill case ally two of said Levy Court Commissioner; shall recei \ c an equal and highest number of votes for said 1)n:siding officer, and in case there shall he a tie vote on ally other question whatsoever, (id] the mertihers-trf-said.Levv- Court being- prestait--altdiag) the Clerk of the Peace of Kent County, Or such other person as may hereafter he the Clerk of said Levy Court, shall have the dyciding vote. -Sili-14-+*t:tel ',eV V Court Commissioners shall be sufficient t for r! anization and shall constitute a quorum for the transaction of bu,inyss. The said Levy Court Com-missioners shall haye power to make. rides for their govern-ment not inconsktont with the Constitution and laws of the State of 1)elaware ; and after their said rurs.t meeting they shall au,(i. It the County Paildini2, in th,.. town of I);)ver on the first Tn, .--,(1:!Y in eadi and c very it;o1;111 in each and evel y \ ear,excep-ti::,....! thy month of _lime, _bil\ . An,,..,11,1 and Septcallwr. In c,isc. 34 LAWS OF DELAWARE, OF THE LEVV COURT. t.ritt "Mee. of death, resignation or removal from the district of any corn- VIICIID-missioner elected or appointed under the provisions of this act,it shall be the duty of the Governor to appoint some suitable per-son to fill such unexpired term, having the qualifications herein- limnika- - before required in that behalf. The Levy Court Commis- "ns' sioners appointed and to be elected under the provisions of this act, shall have full and complete jurisdiction over all and every Jurisdie-the matters and things now vested by law in the Levy Court ti;10701.18'.(1 of Kent County as at present constituted, and in the several members thereof, and shall exercise every power, privilege, right and duty which now belongs to the Levy Court of Kent County, as fully and completely as the Levy Court now by law is authorized to do, except as the same is or may be modified by the provisions of this act. Should any twp or more persons voted for as Levy Court Commissioners of any Tie vote. district receive an equal and highest number of votes cast at any election, the Board of Canvass shall certify the fact to the Governor, who shall forthwith select one of said persons to be ov,ision Levy Court Commissioner from said district, who shall hold ovofntee, the said office for two years from the first Tuesday in February then next, and at the general election then next to be held in said county a successor shall be elected in said district for the Eie,tion unexpired term of two years. The Levy Court Commissioners sootr.souees-appointed and to be elected, under the provisions of this act .1 shall be paid as compensation for their services the yearly s inn-c6m-- -Ipren-l' . ., 1 - ofywo hundred dollars, in quarterly installments of friky-dglars Hlttiou. each, in lieu of all other compensation, by warrants dury drawn on the County Treasurer.shat it shall be the duty of the,;ttrrendo. >preFent Levy Court of Kent county and every commissioner thereof, and every person_ having control or possession of any records, books, papers or other property belonging to the said Levy Court of said county, on the said first Tuesday in June A. 1). 1898, to surrender and deposit the same with the Clerk of the Peace of the said county, who shall keep the same sub- i:tity.of. ject to the control of the Levy Court Commissioners appointed under the provisions of this act. And in case the said Levy Neglect or Court or any commissioner thereof, or any other person havingr,igsj,','6',,',: possession thereof as aforesaid, shall neglect or refuse on books' ' demand of said Levy Court Commissioners appointed as afore-said to surrender and deliver up such records, books, papers or other property to the said Clerk of the Peace in and for Kent county, such and every person so neglecting and refits- LAWS OF DELAWARE. 35 OF THE LEVY COURT. 36 LAWS OF DELAWARE. OF THE LEVY COURT. jug as aforesaid- shall be guilty of a misdemeanor and upon Penalty. conviction thereof -shall forfeit and pay a fine of five hundred dollars and be imprisoned for the term of one year or until the said records, books, papers or other property shall be delivered into the custody of the said Levy Court Commissioner. v:"$ SEcrioN 6. -T-kat:Sthe said Levy Court Commissioners at their meeting in March, A.....ILL8-987-and---ineach---and-ekery went of. year-thereafter, after having settled with the collectors of the said several districts as hereinafter provided, shall appoint for Ct. Number, each of the zisl ten representative districts one qualified voter Districts, resident therein, to be collector of taxe:li,$)aidnistrict for the Powers year in which he shall be appointed, shall have all the - anti \ duties. power and authority and be subject to all the requirements, c qualifications and duties -lieLetafore imposed upon collectors Diaio:ot of taxes in and for the County aforesaid. It shall be the duty of said several collectors in said county to make a full and complete settlement with the said Ley: court in January in each and every year, at which time the said Levy Court shall Errors, allow each of said collectors such errors, delinquents and un-del I n- quentv. collectable taxes as it shall deem meet and proper. After such errors, delinquents and uncollectable taxes and the per centum he-gei4+14@ieze provided for shall be allowed and deducted from the aggregate amount of the duplicate delivered to each of collectors said collectors, if then any or all of said collectors are in in arrears to said county, such collector or co/lectors as are so in point: arrears shall be ineligible for re-appointment unless such ar-meat. rearages shall be immediately paid over to the County Treas-urer of said County. Termina- 1 ion of terms of 'crus tees of t he l'our. A ppoln I-meat of. list rtets. SECTION 7. That from and after the said first Tuesday in February, A. D. 1899, the terms of office of the several trustees of the poor theretofore appointed by the said Levy Court of Kent county shall then be terminated and ended and the Levy Court Commissioners appointed and to be elected by and under the authority of this act, be and they are hereby authorized and directed, and it shall be their duty to appoint for each of said representative districts a qualified voter of and a resident in the district, and the persons so appointed shall compose the trustees of the poor for Kent County. The said Levy Court shall at its first meeting- in February, A. I). 1899, appoint from the even numbered districts five trustees of the poor who shall serve until the Fel» nary meeting of the said Levy Court in LAWS OF DELAWARE. 37 OF THE LEVY COURT. the year A. D. 1900, when their successors shall be appointed Saccessors by the said Levy Court for the term of two years, and likewise Term. every two years thereafter. And five other trustees shall be iinlignift,- appointed by said Levy Court at its first said meeting in Feb- others. ruary A. D. 1899, from the odd numbered districts, who shall serve until the February meeting of the said Levy Court in Term. the year A. D. 1901, when their successors shall be appointed successors by the said Levy Court for the term of two years and likewise Term. every two years thereafter. In case of a vacancy or vacancies Vacancies happening by death or otherwise the Levy Court shall at any meeting thereof fill the same for the unexpired term. In addition to the powers and duties now possessed and imposedAdron-i luti es upon the trustees of the poor of Kent county aforesaid, it shall gr. be their duty to certify to the Levy Court on or before the first Tuesday in March A. D. 1899, and in each and every year thereafter an estimated amount of the appropriation which it will require for the maintenance of the Almshouse for the year succeeding, beyond the produce and income derived from the Almshouse farm ; and the said Levy Court shall levy a proper Taxation rate for that purpose, to be levied with the other county rates, almshouse and to be collected by the county collector of said county as Collection provided by this act. of. SECTION 8. That for all work and labor required to be contracts done upon the public roads of said county, or for the con- trgrairril. struction, repairs and maintenance of bridges which are main-'' tained at public expense, and for materials, tools, implements and machinery to be furnished, had, used, for, or on account of said county, where the cost in any particular case, section or district which may be established by said Levy Court which will probably exceed the sum of two hundred dollars, the Levy pt:ceding Court shall publicly invite -sealed proposals for the doing of Bids. such work and for the furnishing of such materials, tools, implements and machinery, and shall give the contract to the Award of lowest, competent and responsible bidder or bidders, and the ""t"" said Levy Court shall require of such bidder or bidders a bond to the State of Delaware in double the amount of such Bond for bid with surety or sureties to be approved by the said Levy Court for the faithful performance of such contract. twee. SEcTioN 9. Tlatjt shall be the duty of the said Levy 0017081e1rs Court of Kent county, it_niing A. 11_1.899, and in each and every year thereafter, to appoint for each of ' ../ OF THE LEVY COURT. LAWS OF DELAWARE. 1pfflnt-said ten representative districts one or more qualified voters :11,:vturth" resident therein to be overseer or overseers of roads whose Imtks duties, powers, qualifications and requirements shall be the same as now tequired and imposed by law upon road over-seers, except as herein provided. Proz-ided, that said Levy Ittis on Court shall not assign to any of said road overseers a road lying a;yiding iris or partly in two or more districts. ..Ilidprovidedf/1111/er, that ,I1Qt !lets. where a road is the dividing line between two districts an overseer therefor may he appointed frcin either district. And it shall be the duty of each of said Levy Court Commissioners on such day or days in Fel,ruary A. D. 1899, as he shall desig-nate, and in each and every year thereafter, to settle with the said road overseers in his district at some central and conven-ient place to he by him designated, notice of which time and place of meeting shall be given to each of said several road overseers by each of said Levy Court Commissioners, either in person or by letter, at least ten days before the time of meet-in, and the said Levy Court Commissioners shall make a report in writing to said Lev v Court at its next session, which said report shall show an itonized statement of all moneys re-ceived and expended by each of said road overseers, accom-panied by vouchers and receipts for all items. Provided that x4) per no per diem or mileage shall be allowed to any road overseer or Levy Court Commissioner for or on account of attending said meeting. S ECT )x 10. That the said Levy Court shall, on the first k. Tuesday in March, A. I). 1899, and in each and every year Appol.t thereafter, appoint for each of the said several ten representa- "k"*"*Is. tive districts, at least one and not more than three qualified voters, resident therein, to he constablc or constables for the said district for the year in which they shall be appointed, and who shall have all the power and authority, and shall be sub- "' d""'"' ject to all the requirements, qualifications and duties hereto-fore imposed or ohligatLd by law, upon constables in and for the county aforesaid. ros.;ii...criox 11. /The said Le yy Court iielectiiig grand-Thid Appor-oonnicnt petit. jurors sh_alkapportion,tye number 'Attired bv(law among the sevtg:al rcpresntat.irt"-d istriets rfa 1 1 Y: .m'u,o Ir.a y herSsE CelTeeHt-)t-Nd- 44I 92 . saidT hLaetv tyh eC vooutret s sohf aall mbae jonreictyes soafr ayl l toth eel e'ncet uotr- LAWS OF' DELAWARE. 39 OF THE LEVY COURT. appoint all officers that said Levy Court is now or may be elev.( olll-hereafter authorized by law to elect or appoint. Prop/dry/that ce".. in case of a tie between the two candidates receiving the'rievot, highest number of votes, the Clerk of the Peace of said Kent C erk of county, or such other person as may hereafter be the Clerk ofi.!:`,',11,41iT said Levy Court shall have the deciding vote, as hereinbeforeV,`,;',,7. provided for. SEcTI(ux 13. That all existing laws in relation to the Levy liNtsting Court of Kent county shall be applicable to the Levy Court of Iti1,1%,;(..T.H. Kent county as composed and constituted under the provi-sions of this act, so far as they are consistent herewith. SEcrioN 14. All acts or parts of acts inconsistent with this act are hereby repealed. ...1/515/7n.rd .11i13' IV, R iS9S. CHI 1"I'ER 23. OF THE LEVY COURT. AN ACT providing for the Assessment and Collection of a Capitation Tax. Re /*/ Cl/third ate Sr /MO Ild IfousC ty Representarizrs /lie Slab. e!/. D la a 'an' 1 Geno-al ..-Issembir mt./ SEcTioN 1. That it shall be the duty of the Levy Courts of the respective counties of this State at the April Session, (nuns '0 A. 1). 1898, to assess and levy a capitation tax upon each and l',U1'"""" every male citizen of the age of twenty-one years or upwards, whose name shall appear upon the assessment books of tht..iv".11. county. Such capitation tax shall in no case exceed the SUM of one 1.h.nli".,,1 dollar and twenh -live cents nor be less than the slim of I". twenty-fiye cents, and shall be uniform throngliont the Comity in which the same is levied and a:-,sessed, and it shall be the"'" further duty of the the said Levy Courts of the respective Duties of n8800401'8. Powers of t2olleetorm. 11 \ est- I II eat s of savincs un n lis assessed. An Act to amend Chapter 381, Volume 20, Laws of Delaware, entitled "An Act to Equalize Taxation for State and County Purposes." 11e 1/ enacled by the Senate and House q/. Refir.esenlalives the Slate e!/. Be/aware in General Assembly mei : SEcTioN i. Amend Section 2 of said Chapter by striking out in the twenty-seventh and twenty-eighth lines thereof the words " all investments by Savings Banks and." Sv.crIoN 2. Amend said Chapter by striking out all of Section 3 thereof and inserting in lieu thereof as Section 3 thereof the following, viz " SEcTioN 3. All classes of property herein named and 11,st ssUli made subject to taxation shall be assessed and taxed whether 40 LAWS OF DELAWARE. OF THE LEVY COURT. counties of this State, at their October sessions annually Hate, hereafter, to fix and determine the amount of the capitation tax which the assessors shall assess for the year thence next following, said amount shall be neither greater nor less than is in this section hereinbefore prescribed. SECTIONg *iit shall be the duty of every assessor in the respective counties of this Staterlattesiter, in making their assessments to assess every male citizen of the age of twenty-one years or upwards, residing within his assessment district, with the capitation tax which the Levy Court of his county shall have, previous to such assessmentjfixed and de-termined as being the proper sum for such capitation tax. SECTION 3. The collectors in the resrective counties of this State shall have the same power to enforce the payment of the capitation tax assessed and levied by the provisions of this act as they have for the collection of county taxes. .'1Pfirtri'ed Afil-17 21, A. D. 1 S 9S CHAPTER 24. q 01: THE LEVY COURT. LAWS OF DELAWARE. 41 OF THE LEVY COURT. the same be situated in this State or elsewhere, and whether the same be held as owner or in trust_ for the owner in any capacity whatsoever, and the person owning, holding, or con-trolling the same shall, at the request of the assessor, be required to make returns thereof to the assessor of his hundred Returns. or assessment district, showing distinctly where the same is situated, owned or held and the owner thereof. And when said returns are received by the assessors they shall be ar-ranged alphabetically in lists separate from the list of other taxable property ; firovided, however, that any investment liable to assessment and taxation by this act, which is taxed ini,lovnerst.e in any other State or county is expressly exempted from the etuPted provisions of this act." SEcTroN 3. Amend Section 4 of said Chapter by inserting- Affirnut-betWeen the word " oath " and the word " to " in the fourth ""' line thereof the following words, viz : " or affirmation." St.:crioN 4. Amend Section 5 of said Chapter by inserting Fallttre to bei.AVCell the word " any " and the word " officer " in the first line thereof the following- words, viz : " Persons owning, hold-ing or controlling any investment liable to taxation under this act." SP:criox 5. Amend the said of Section io thereof. SEcrioN 6. Amend Section 1 ing between the word " thereto" fifth line thereof the following w Or." Chapter by striking out all Affidavits at time of suit not required. 1 of said Chapter by insert- Anirm.- and the word an in the ords, viz : " An affirmation oN 7. Amend the said Chapter by striking out all of Section 12 thereof and inserting in lieu thereof the follow-ing, viz " SEcTioN 12. That of the moneys which shall be levied Appw.- and collected under the provisions of this act in Stts..'N. county, one fourth thereof shall be for the use of the State and the other three-fourths thereof for the use of Sussex Sussex Co. counts ; that of the moneys which shall be levied mid col-lected under the provisions of this act in Kent county, one- K,,nt co. fourth thereof shall be for the use of the State and the other three-fourths thereof for the twe of Kent comity ; that of the 6 M11 \ In, 11, 11.01.1111.- h law in their respective countie.s ." SEcTiox S. Amend the said Chapter by striking out all of Section 14 thereof, and inserting in lieu thereof the follow-ing, viz "Section 14. The assessors in making the assessments of the investments liable to taxation under this act, shall require any person making return of property as hereinbefore provided, to make said return under oath or Iffiflhiltl0Il,signed by the per making the return. Said assessors are hereby author-ized and empowered to administer any oath or affirmation re-totired by imy of the provisions of this act." 42 LAWS OF DELAWARE. OF THE, LEVY COURT. New cas- moneys which shall be levied and collected under the pro-tie Co. visions of this act in New Castle county without the limits of the City of Wilmington, one-fourth thereof shall be for the use of the State and the other three-fourths thereof shall be for the use of New Castle county ; and that of the moneys which shall be levied and collected under the provisions of too. this act, within the limits of the City of Wilmington, one-fourth thereof shall be for the use of the State and another one-fourth thereof shall be for the use of New Castle county and the remainin;,, two-fourths thereof shall be for the use of The Mayor and ."'Council of Wilmington.' And the County 1rer Treasurer of each of the several counties shall quarterly pay toov cpra. y over to the State Treasurer all moneys which shall have come to his hands for the use of the State under the provisions of this act. And the County Treasurer of New Castle county shall quarterly pay over to the Treasurer of The Mayor and Council of Wilmington,' all moneys which shall have conic into his hands for the use of the said The Mayor and Council of Wilmington,' under the provisions of this act. s,piirtite "In assessing and collecting the taxes provided for in this mu] dopii- act, the assessments duplicates, and accounts shall be kept separate and distinct from assessments, duplicates, and ac-counts of all other assessments and taxes, provided for by the isond or laws of this State. And each of said County Treasucts shall on or before the first day of June, A. D. 1898, enter into an additional bond to the State of Delaware in the sum of five thousand dollars, to secure all moneys which shall conic into Ii is hands under the provisions of this [Let, which said bond Appr111. shall be approved in the sante manner and by the same per-sons as the bonds of County Treasurers are now required by LAWS OF DELAWARE. 43 OF THE LEVY COURT. SECTION 9. Further amend the said Chapter as the same Numr iseneuteicdn.m is in this act amended by changing the number of Section cohi thereof to ro, and the number of Section 12 thereof to II, and the number of Section 13 thereof to 12, and the mnnber of new Section 14 thereof to 13. SEcrioN ro. Further amend the said Chapter by adding at the end thereof as Section 14 the following, viz "SEcnoN 14. The Levy Court shall on the first day of Instrue- November Session, give to the assessors instructions as to the ttlisretlito°rs. meaning and intent of this act, and shall prescribe and pro-vide forms for their return ; and the said courts may in case of Returns. necessity appoint another day or other days for appearance of Other the assessors or any of them to receive the aforesaid instruc-,,Sesepf tions." SEcTioN II. Further amend said Chapter by adding there-to as Section 15 thereof the following, viz "SECTION 15. If any assessor shall fail or refuse to make Failure or the assessment provided for under the provisions of this act, cie, %Rev:, or shall fail to make his returns to the Levy Court on and times herein provided, or shall fail or refuse to ptieledray-s form any duties required of him by any of the provisions of this act, be shall be guilty of a misdemeanor and upon con- Mimic- VletiOn thereof, shall pay a fine of not less than one hundred menu". dollars nor more than five hundred dollars or be imprisoned I ennit3. not less than ten days nor more than six months." SECTION 12. Further amend said Chapter by adding thereto the following Section as Section 16 thereof, viz "SEcTwx 16. The form of return provided for in Sectionl:'ortii ;Ind 14, shall contain in separate columns : First, the names of tax-. ables ; second, of the stocks ; third, of the bonds ; fourth, of the mortgages ; fifth, of the miscellaneous investments ; sixth, the aggregate sum ; and the seventh column shall be reserved as a space for remarks." S ECTION 13. Further amend said Chapter by adding thereto as Section 17 thereof, the following, viz " SECTIO N 17. That this act shall apply to assessors, whose duty it was to return the assessments to the Levy Court at Hersstut its February, A. D. 1898, Session. And all the assessments') coot nen-rod ton of co' lectors. 44 LAWS OF DELAWARE. OF THE LEVY COURT. wben which should have been made and returned to the Levy Court made ttud returned. at the said February Session, shall be made and returned to the Levy Court at any time prior to the twenty-sixth day of June, A. D. 1898. And the Levy Courts shall immediately lionsnts ru teo- .upon the passage of this act instruct the said assessors as to IttiqeSSOrS, their duties under this act." SEcTiox 14. Further amend said Chapter by adding thereto as Section 18 thereof, the following, viz Anima " SECTION 18. The assessments provided for under this 7IS,CSS ments. act shall be made annually throughout the State." SEcTioN 15. Further amend said Chapter by adding thereto as Section 19 the following, viz who to " SECTION 19. That if any affidavits required by this act, make cer-tain am- the president, secretary and treasurer or cashier of a corpora-tion may make the same on behalf of said corporation, or any member of a firm or partnership on behalf of said firm or partnership." SEcTIoN i6. Further amend said Chapter by adding_ thereto as SOCCO:1 20 the following, viz I trnmeYs' " SECTION 20. That any attorney-at-law admitted to ut Nur to practice in the Courts of this State shall have full power and ter oaths. authority and may administer the oath or affidavit required by any provisions of this act." SEcTioti 17. 1-.'urther amend said Chapter by adding thereto as Section 21 the following, viz "SECTION 21. That the Levy Coimrt. in the several coun-ties are hereby authorized to -fix the rate or amount of com-pensation to be allowed to the collectors for the performance of their duties under this act." SEcT N i S. Further amend said Chapter by adding thereto as Section 22 the following, viz " SEcTioN 22. That in making- publication of the laws enacted_ at the present session of the General Assembly the Secretary of State shall publish the act to which these amend-ments are added as the said act is hereby amended." LAWS OF DELAWARE. OF THE LEVY CouRT. SECTION 19. Further amend said Chapter by adding thereto as Section 23 the following, viz: 44 SECTION 23. All acts OT parts of acts inconsistent with this act are hereby repealed." 4ô roved May 25th, A. D. 1898. CHAPTER 25. (,/ -.1./'- cw THE LEVI' couRT. citATTER 381 of Vol. 20, as amendedAn Act to equalize Taxation for State and County Purposes. WHERE:As, It is but just that the burden of taxation should be adjusted and distributed so that it may bear equally upon all according to the value of every man's estate ; and WHEREAS The present system of taxation is unjust and oppressive, in that it taxes most the property least profitable and relieves altogether that which produces the greatest in-come ; and WHEREAS, Every consideration of justice, equality and fair play, requires that all property paying interest or yielding an income should be taxed and made to bear a fair share of the burdens of the Government ; therefore, Lie 1/ (waded by lhe &wale and Holl.w Reibresenlalives (y-aw Stale qf Delaware in General Assembly met: SF.c..TIoN 1. That in addition to the real and personal interest property now liable to be taxed under existing laws, it shall tWitgetIltil; be the duty of the assessor of the various hundreds or assess-ment districts in this State to assess at three-fourths their ,Iiits( ;,°s"to ,V actual cash value all investments paying interest or yielding,t!Cottiee-an income and which are not now taxed for either State or county purposes, or exempted by this act, and the same shall be taxed for all State and county purposes. 45 46 Rind of Invest-ments to be messed. Invest-ments exempt from as-sessment. LAWS OF DELAWARE. OF THE LEVY COURT. SECTION 2. Under the head "Investments" the following kinds are included : All bonds for the payment of money, mortgages, stocks of every kind, not herein expressly excepted ; all judgments, fecognizances and decrees for the payment of money ; all judgment notes and certificates of indebtedness (except such as are given in good faith for goods sold and delivered, for wages and such judgment note or other evidence of indebtedness, as may be given for short periods in the course of business and not used or intended as investments); all alienation bonds bearing interest, or when the interest is included in the body thereof ; all interest-bearing loans to any person, firm, company, limited partnership, bank, banking association and corporation of whatsoever kind, whether do-ing business in this State or elsewhere. Payment of interest in advance or adding it to the principal shall in no case exempt the lender or creditor from the payment of the tax. The following are excepted and excluded from the operation of this act : All loans and evidence of indebtedness of the United States, of the State of Delaware or of any of the coun-ties thereof ; of religious or benevolent associations whose real estate is by law exempt ; and of such other securities as are now exempt by express piovisions of law ; all loans which are made to local manufacturing companies, hypothecated upon the real estate of such companies, when their real estate is expressly exempt by law ; all stocks, bonds and mortgages in educational, charitable, benevolent or cemetery institutions, whether incorporated or not, and * shares of building and loan associations and investments made by them. Property "SMCTION 3. Al] classes of property herein named and assessed. made subject to taxation shall be assessed and taxed whether the same be situated in this State or elsewhere, and whether the same be held as owner or in trust for the owner in any capacity whatsoever and the person owning, holding or con-trolling the same shall, at the request of the assessor, be re- Itemmirims. quired to make returns thereof to the assesscr of his hundred or assessment district, showing distinctly where the same is situated, owned or held and the owner thereof. And when said returns are received by the assessors they shall be ar- SplinLet. ranged alphabetically in lists separate from the list of other taxable property ; provided, /wwever, that any investment LAWS OF DELAWARE. 47 OF THE LEVY COURT. liable to assessment and taxation by this act, which is taxed Invest-in any other State or county is expressly exempted from the'Xelt131;11ed. provisions of this act." SEcTioN 4. The president and secretary of all corporations President and associations liable to taxation under this act, shall, on the t;inr`y isoet first day of December in each year, make their respective returns under oath [or affirmation] to the assessor of the iiIel:nicren to hundred or assessment district in which the principal office 'ounrc1. or business place of the corporation or association is situated ; end sear. which return shall show the whole number of .shares in each Contents of said corporation or association, the market value of each ot return. share and the aggregate market or real value of all the shares, with the name of the owner and the number of shares owned by each respectively. SECTION 5. Any [persons owning, holding or controlling Failing. any investment liable to taxation under this act] officer of any corporation or association failing to make return or report as herein required shall be guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than ten nor Punish-more than five hundred dollars, or to be imprisoned not less me" than ten days nor more than six months. SECTION 6. The intention of this act being to tax the Lender to owners and investors of capital and not the borrowers or "a"'"' debtors ; therefore, every individual person, corporation, com-pany or association whatever and every officer thereof, asking, demanding, contracting for or receiving any money or con- Ileisadne; r to sideration whatever on account of said tax, in reduction remit thereof or otherwise, or Nyho shall by any device whatsoever t'01,117.ei impose or try to impose such tax or any part thereof upon any debtor whomsoever, under any pretext whatsoever, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be ffuinmeedd in any stun not less than one hundred dollars nor int,nt. more than one thousand dollars and costs. SEcTioN 7. Each and every debtor by bond, judgment, 111),e,illgor of mortgage, recognizance, decree or otherwise (whose debt is liable to taxation under this act), when the creditor is a non2:1`U`st resident of the county or State, shall be liable for the tax on it;e1111`,1.1.(1 his debt, in the first instance ; but upon payment thereof, he shall be entitled and it shall be his duty to deduct the same (wait, front the interest due or accruing thereon ; and any such Itnilion%1 ...sh.totte to ;unlit' 48 LAWS OF DELAWARE. OF THE LEVY COURT. forfeit of creditor refusing to allow such credit on taxes so paid shall iMntaesrte psat.y forfeit all accrued interest ; and no debtor shall remit or make tax before payment to his creditor out of the State until the tax in- interest. posed upon his said debt by this act has been paid. Assessors SECTION S. In making the assessment and collecting the stud collec-tors' taxes assessed under this act, the assessors and collectors powers. shall respectively have all the power and authority now by law conferred upon them in the assessment and collection of taxes in addition to what is conferred by this act. And the tittlees public offices of the respective counties and the records there-and rue ords ope-n of, during business hours, shall at all times be open to in-to ottleers. spection free of charge. Worthless SECTION 9. Debts due by insolvent debtors, and where debts eX-eln pt. there is no other security, shall not be taxed ; and when a Mortgage bond and mortgage are given for the same debt, the mort- Hied by gage only shall be taxed ; and railway or railroad companies hood. and the stock or bonds of such company paying a stipulated Proper:3' tax or sum in lieu of all other taxes as provided by (law) shall `. HP be exempt from the taxes specially provided for in this act. Affidavit SECTION to. That from and after the passage of this act of lender of money every person, firm or corporation who shall make any invest-1,1b, e, du t- ment of moneys, securing the same by bond and mortgage, of toleht- judgment note, or certificate of indebtedness, shall make and cause to be attached thereto) [an affirmation or] an oath on the Holy Evangels of Almighty God that he, they nor it have required the debtor, his agent, attorney, or any person for hint, to pay the Lax levied upon the said note, bond, bond and mortgage or certificate of indebtedness, in advance, nor will he require the taxes assessed or to be assessed thereon to be paid by the debtor or any person for him during the existence of the debt. And upon assignment of any such debt so evidenced as aforesaid, except for the purpose of col-lateral security, the assignee shall be required to make, sub-scribe to and have thereto attached, an oath in the saute form and to the same effect as is above required of the original obligee or mortgagee. ppm, Sp:0'1(1N ii. That of the moneys which shall be levied I km!, ai and collected under the provisions of this act in Sussex county, one-fourth thereof shall be for the use of the State co. and the other three-fourths thereof for the use of Sussex LAWS OF DELAWARE. 49 OF THE LEVY COURT. county ; that of the moneys which shall be levied and col-lected under the provisions of this act in Kent county, one- Kent Co. fourth thereof shall be for the use of the State and the other three-fourths for the use of Kent county ; that of the moneys which shall be levied and collected under the provisions of this act in New Castle county without the limits of the City of Wilmington, one-fourth thereof shall be for the use of the State and the other three-fourths thereof shall be for the use of New Castle county ; and that of the moneys which shall m I n be levied and collected under the provisions of this act, within the limits of the City of Wilmington, one-fourth thereof shall be for the use of the State and another one-fourth thereof shall be for the use of New Castle county and the remaining two-fourths thereof shall be for the use of The Mayor and Council of Wilmington.' And the County Treas-!?mnty urer of each of the several counties shall quarterly pay over to the State Treasurer all moneys which shall have come to°''. his hands for the use of the State under the provisions of this act. And the County Treasurer of New Castle county shall quarterly pay over to the Treasurer of The Mayor and Council of Wilmington,' all moneys which shall have come into his hands for the use of the said The Mayor and Council of Wilmington,' under the provisions of this act. In assessing and collecting the taxes provided for in this act, se pa rale S the assessments, duplicates, and accounts shall be kept separate and di, and distinct from assessments, duplicates, and accounts of all other assessments and taxes, provided for by the Laws of this State. And each of said County Treasurers shall on or before , Treasurer. the first day of June, A. D. 1898, enter into an additional coutitY bond to the State of Delaware in the sum of five thousand dollars, to secure all moneys which shall come into his hands under the provisions of this act, which said bond shall be approved in the same manner and by the same persons as the A P Proved bonds of County Treasurers are now required by law in their respective counties. SECTION I 2. That, all the provisions of law in relation to EN king assessments and the duties of assessors relative thereto, as1,11`,.."la well as those in relation to the Levy Court with reference to assessments, appeals and corrections thereof, making rates and levies, are made applicable to the assessments and levies 50 LAWS OF DELAWARE. ov Tim LEvv couRT. to be made and authorized to be made under the provisions 'tut, or:to of this act. Prozided, that the Levy Courts of the several X.Ta"f counties of this State in laying taxes under the provisions of SISSuSS- this act relating to the taxation of bonds, mortgages, stocks, judgments, recognizances, decrees, notes, certificates of in-debtedness, and other investments, shall lay the same at the rate of thirty cents on each one hundred dollars of the assess-ment to be made and returned by the assessors as aforesaid. rot"h,'t ors. And every collector of county taxes shall have all the author- itv and power to collect the taxes imposed by this act as he now has for the collection of county taxes under existing law. netorm, " SEcrinx 13. The assessors in making the assessments omit, owl, or. of the investments liable to taxation under this act shall re-quire any person making return of property as hereinbefore provided, to make said return under oath or affirmation, signed who to by the person making the return. Said assessors are hereby ttdottois- authorized and empowered to administer any oath or affirma- ter oath. . twit required by any of the provisions of this act." " Section 14, The Levy Court shall on the first day of :loos to November Session, give to the assessors instructions as to the meaning- and intent of this act, and shall prescribe and pro-liet urns. Vide forms for their return ; and the said Courts may in case I It hr of necessity appoint another day or other days for appearance rw. lipipenr of the assessors or any of them to receive the aforesaid in- ,' livc- structi(ms." or SECT N m5. If any assessor shall fail or refuse to make the assessment prt,vided for under the provisions of this act, or shall fail to make his returns to the Levy Court on the days and times herein provided, (Jr shall fail or refuse to perform ally duties required of him by any of the provisions of this act, he shall be guilty of a misdemeanor and upon conviction thereof, shall pay a fine of not less than one 1 ,. tooty. 'lunched dollars nor more titan live hundred dollars or be imprisoned not less than tell days nor more than six months." n. Juni, " SEcrnix 16. The form of return provided for in Section shall contain ill separate columns : First, the names of taxables ; second, of the :,tocks ; third, of the bonds ; fourth, of the _mortgages ; fifth, of the miscellaneous investments !.ixth, the aggregate sum ; and the seventh column shall be rcs(.rved as a space for rentark:." LAWS OF DELAWARE. 51 OF THE LEVY COURT. " SECTION That this act shall apply to assessors, mum-whose duty it was to return the assessments to the )i ents1 esi'tM Court at its February, A. D. 1898, session. And all the of1"8* assessments which should have been made and returned to Whu to the Levy Court at the said February Session, shall be made and returned to the Levy Court at any time prior to the turned' twenty-sixth day of June, A. D. 1898. And the Levy Courts linstrue-shall immediately upon the passage of this act instruct the=rg. said assessors as to their duties under this act." " SECTION 18. The assessments provided for under this Annual assess act shall be made annually throughout the State." ntents. " SECTION 19. That if any affidavits required by this act, Certain the president, secretary and treasurer or cashier of a corpora-VVTou'' tion may make the same on behalf of said corporation, or any member of a firm or partnership on behalf of said firm or partnership." " SECTION 20. That any attorney-at-law admitted to A ttorney-practice in the courts of this State shall have full power and authority and may administer the oath or affidavit required tor Oath.. by any provisions of this act." " SECTION 21. That the Levy Court in the several coun- Corer-ties are hereby authorized to fix the rate or amount of com-8clotia?tol!s. pensation to be allowed to the collectors for the performance of their duties under this act." " SECTION 22. That in making publication of the laws Publica-enacted at the present session of the General Assembly, the tion °filet. Secretary of State shall publish the act to which these amendments are added as the said act is hereby amended." " SECTION 23. All acts or parts of acts inconsistent with this act are hereby repealed." SSed DOZYT, jilly 20, /S97. A C tied by Ad (715firOVeli May 25, A. D. IS9S. ii 52 LAWS OF DELAWARE. OF ASSESSORS. . CHAPTER 26. OF THE LEVY COURT. AN ACT to extend the time for making and correcting Assessments for the rear 1898. Pe' I./ enada by fin' ,Siwafr and Honst (y- Refiresentatives the Slat(' of Deltrawre in General ,-Issevnblv mel Extenslon SEcTrox 1. That the time for making assessments and <>1- time of uniHm.: corrections thereof, for the year A. D. 1898, by the Levy nna rect toLf Courts of the respective counties of this State, be, and the same is hereby extended until the last day of April instead of the last day of March as provided in Chapter 8 of the ReVised Code ; and for the purpose of making such assessments and corrections the said respective Levy Courts are hereby di-rected and required to meet during the last week of April of the present year. -/pproved .1. IN9S, CH.- PTER 27; OF ASSESSORS. AN ACT to amend Chapter 30, V01111110 17, Laws of Delaware, providing for the Election of Aiuminiorm for Wilmington Hundred. lie/./ ellatit'd hi' the Setwe a /111 hrtMSe (31 RepirSelltaliVeS ry. Me Shut, ,y Pe/aware-ill (;enera/ .-Isseuthty AN.Vhh- SECTION 1. That Section one of Chapter thirty, Volume to seventeen, Laws of Delaware, he and the same is hereby amended by :;triking out the words " First, Second, Fourth ust,mi and Eighth wards ''in the sixth /ine of said Section and insert l in lieu there of the xvords" First Representative District." Fur- ARE. ;ho (2/ LAWS OF DELAWARE. OF ASSESSORS. ther amend said Section one by striking out the words " Third, Fifth, Tenth and Eleventh wards" in the tenth line of said Section and insert in lieu thereof the words "Second Repre-sentative District." And further -amend said Section one by striking out the words " Sixth, Seventh and Ninth wards "in the thirteenth and fourteenth lines of said Section and insert in lieu thereof the words " Third Representative District." And said Section one be further amended by adding thereto at the end of said Section one the following : " And all that New:is. portion of the said hundred comprised within the limits of the rs7,,1.11',V Fourth Representative District of the said City, as now laid ./thmst. out and _established by law, shall be the Fourth Assessment District ; and all that portion of the said hundred comprised within the limits of the Fifth Representative District of the 5th said City, as now laid out and established by law, shall be the Fifth Assessment District." 53 SixTzoN 2. That the said act be further amended by in-serting a new Section 6 as follows SEcTioN, Each and every Assessor of each Assessment compen, District in Wilirrington Hundred hereafter to be elesled-shall receive as compensation for his services a tin, a yearly salary of six hundred doilirs;-..to,be quarterly by the Flow putt. Levy Court of New Castle count a yearly salary of two (1.# . |
| Date Digital | 2010 |
| CONTENTdm file name | 3023.cpd |
Description
| Title | Laws of the State of Delaware - Volume 21 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DIH: LAWAR PASSED AT AN ADJOURNED SESSION OF THE GENERAL ASSEMBLY, COMMENCED AND HELD AT DOVER, TUESDAY, JANUARY, II, A. D. 1898, AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND TWENTY- SECOND. VOLUME XXI- PART I. 1898: PRINTED AT THE HERALD OFFICE. MILFORD, DELAWARE. |
| CONTENTdm file name | 5489.pdfpage |
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