Laws of the State of Delaware - Volume 18 - Page 1 |
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STA
LAWS
OF THE
E OF DELAWARE,
PASSED AT A
" ession of the General Assembly,
COWIENCED AND HELD AT DOVER
ON TUESDAY, JANUARY 4TH, A. D. 1887,
AND IN THE
YEAR. OF THE INDEPENDENCE OF THE UNITED STATES
THE ONE HUNDRED AND ELEVENTH.
VOLUME XVIII- PART 1.
188.7:
PRINTED AT THE OFFICE OF THE DELAWAREAN,
DOVER, DELAWARE.
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 18 |
| Date Original | 1887 |
| Description | Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, January 4th, A. D. 1887. Volume XVIII |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Printed at the Office of the Delawarean |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | STA LAWS OF THE E OF DELAWARE, PASSED AT A "ession of the General Assembly, COWIENCED AND HELD AT DOVER ON TUESDAY, JANUARY 4TH, A. D. 1887, AND IN THE YEAR. OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND ELEVENTH. VOLUME XVIII-PART 1. 188.7: PRINTED AT THE OFFICE OF THE DELAWAREAN, DOVER, DELAWARE. : LAWS OF DELAWARE. CONSTITUTIONAL CONVENTION. CHAPTER 1. CALLING OF A CONSTITUTIoNAL CONVENTION. Constitu- AN ACT to provide an unexceptionable mode of ascertaining the sense of Mount the ppeeooppllee upon the question of calling a Constitutional Convention. volition. HEREAS, The -subje& of a Convention to revise and Prosunblo.. amend the Constitution of this State has been agitated among the people; and WTI EREAS, This General Assembly, without expressing any opinion as to the necessity of a Convention, deems it to be right and proper to afford an opportunity to the people to make their sense known by enaccting- such legislation as will better enable them to declare their will in relation thereto; therefore, fie enafied by the .S'enale and House ey- Refiresew la ives 0 f Me .Vale ey. Delaware in General Assembly Ind: SECTION I . On the first Tuesday in November next, a special eleelion shall be held for the pm-Dose of ascertaining (4..1 otedion the sense of the people of this State upon the question of calling a Convention to change, alter and amend the Consti-tution of the State. At the said ele6tion the citizens of the State entitled to vote for Representatives may have written or printed on their ballots the words " For a Convention" or I: ind of "Against a Convention." Such ballots may he of any size ballot used_ and form, not exceeding the size now provided by law. SF.crtox 2. That at said special eleelion to be held as prescribed in Sec-lion f of this at, the inspectors and judges Inspectors chosen in the several hundreds throughout the State to holda"d j"dg' 4 LAWS OF DELAWARE. CONSTITUTIONAL CONVENTION. the last general eledion, shall hold said special eledion. Any vacancy in the said offices shall be filled in the same manner as now prescribed by law. Pine° mid SECTION 3. Said eledion shall be held at the same places, inalinur a. bolding the in the same manner and according to the same regulations, mon. so far as they are applicable to the purpose of this ad, as are prescribed concerning the general eledion, and all votes cast shall be tallied, canvassed and certified at the same times,* in the same manner, at the same places and by the same persons as is prescribed in the ad entitled, "An Aa regulating the ;eneral Eledion" and any amendments and supplements thereto, for certificates of the result of the General Eledion. The certificates shall contain a specific statement of the 11111111)er of votes cast " For a Convention" and "Against a Con yen Lion. " rortiiientes, S )N 4, The certificates of said eledion shall be where re-t urned . re i to the General Assembly ill the same manner, by the same persons and in the same way as the certificates of the eledion of Governor are now returned. Duty of the S l( )N 5. The General Assembly, to whom the said cer- General As- tificates have been delivered, shall, on the second Wednesday after its organization, meet in joint session in the hall of the Flottse of Representatives and ascertain the result of the vote cast upon the calling of a Convention; and, if it shall appear from the certificates so returned as aforesaid, that a Majority of all the citizens in the State, having * right to vote for Representatives, have voted for a Convention, such majority to be ascertained by reference to the highest number of votes cast in the State at any one of the three general eleelions next preceding the day of voting for a Convention, except when tney may be less than the whole number of votes voted both for and against a Convention, in which case the said majority to be ascertained by reference to the number of votes given on the day of A'oting for or against a Convention shall call a Convention and provide by law for the holding of an eledion for delegates to said Convention. Duty of the SECTION 6. It shall_ be the duty of the sheriffs or other Sheriff mitt fp other 001_ officers to whom the ballot-boxes used at said eleaion are cert. delivered according to law, to keep the said boxes and the ballots therein_ contained safely until after the meeting of the General Assembly next after the said eledion, and to hold the said boxes with the ballots therein, subjed to the order of said-General Assembly. Passed. al Dover, .-1Pril 6, iS,Y7. "5o enrolled. LAWS OF DELAWARE. 5 OF PASSING AND PUBLISHING LAWS. CHAPTER 2. OF THE PASSING AND PUBLICATION OF LAWS. AN ACT to Revive and Extend the Time-of Recording Private Act%. WHEREAS, by Chapter 4 of Se6tion 3 of the Revised Statutes ofof the State of Delaware it is provided that private statutes (namely, such as are not of a public nature or published as such) shall be recorded in the Recorder's office in one of the counties of this State within twelve months after their passage orthey will be void; and, WHEREAS, a number of the private and unpublished as heretofore passed have been allowed to become void through ignorance of the aforesaid enaelment, therefore for the purpose of relieving the parties interested of the embarass-ments and disappointments arising from such negleCt in the premises; therefore, lk it ant-died by the Senate and House of Refiresentatives-o/ the State qf Delaware in General Assembly met (two-thirds ty' each branch concurring- therein): SECTION I. That all unpublished nets heretofore passed ',1`01,1311nr"prg: which have not by special acts been repealed, and that have ov.1,,ttgfl become void on account of not being duly recorded in com-pliance with the provisions aforesaid, be and the same are hereby severally renewed and re-enaeled and together with the provisions therein contained are respe6tively declared to be in full force, and all adIs and transa6tions done and performed under the provisions of said as respeelively shall have the same force and cited, and be as valid, to all intents and purposes as if the said as had been severally recorded according to law. Proz vied, that this enactment Proviso. shall not take effe6t in the case of any a6t 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 State; and pre/Vida/ f'urther /,,r/her, that no such copy of a voided accl shall be received"' for record after the expiration of one year from the passage of this ae-t. SECTION 2. This adt shall be deemed and taken to be a Public net. public act and be published as such. Passed at Dover, fiftril 21, 1887. 6 LAWS OF DELAWARE.. TITLE FIRST. or the Public Revenue_ and the Assessment, Collection and Appropriation of Taxes. CHAPTER 3, OF TUE REVESUF. OFTiff:. STATE. AN ACT to Provide a mode for the Refunding of a Part of the Public Debt of this State at a Lower Rate of Interest. Preamble. WIIER HAS, it is apparent that the revenues of the State_ will be insufficient to provide the means for payment, at - maturity, of the whole of that part of the public debt of this State represented by the three hundred bonds, of one thousand dollars each, designated as Series "13" by the a6t passed March 16, 188i, under authority of which they were issued, and Further WHEREAS, in view of the low rates of interest now preamble- prevailing on the public obligations of States whose public faith and credit have been maintained inviolate, it is con-sidered probable that this State may negotiate a loan at the rate of interest of three per cent= per annum; and it is therefore deemed judicious to provide a method for refunding two hundred and fifty (250 of the bonds of said Series " B" at the rate of three per cent= interest per annum, so that the necessary authority may exist to effect such refunding in the event it shall prove practicable to do so; therefore, fle 11 (waded by the Se,/ale and House ry. Representatives q/ Stale. a/ Pe/aware Gpneral Assembly mei, as Jidloros.. Tropomrr SEcrnix 1. That if any individual, firm, or corporation luan, shall, on or before the twenty-fifth day of May, A. D. 1887, signify in writing to the State Treasurer a willingness and purpose to loan to the State the sum of two hundred and fifty thousand dollars at a rate of interest of three per centwm; and shall also accompany such written signification LAWS OV DELAWARE. 7 OF THE REVENUE, OF THE STATE. with a certified check for the stun of five thousand dollars to the order of the State Treasurer as an earnest of the bona ""nintee fides of such purpose and intention; and shall, also, on the said twenty-fifth day of May, A, D., 1887, and before the rosment of hour of three o'clock P. M., on that day deposit with the said State Treasurer at his office in the town of Dover the iwmhwo ) mode. further sum of two hundred and forty-five thousand dollars, either in cash or a check or checks duly certified, the said stint shall be received and accepted as a loan to the State of Delaware at the rate of three per centtun per annum; and such loan shall be secured, principal and interest, by the bonds of the State, to be prepared, issued and delivered to the party so loaning the said stun, in the manner and subject to the condition hereinafter prescribed. SEcrioN a. Immediately after the whole of said sum oaFTttnon" two hundred and fifty thousand dollars shall have been received by the said State Treasurer as provided by the lin'''. preceding Se6tion, it shall be and is hereby expressly made his duty forthwith to cause to be prepared two hundred and fifty bonds of the State of Delaware of the denomination of one thousand dollars each, with coupons or interest warrants thereto attached for each half wear's interest thereon. The con mid said bonds shall be numbered from I to 250 inclusive, ishall t;lifinnirlictor of be dated the first day of June, A. D. 1887, and shall bear 1),,,lutrf interest from and after that date at the rate of three per mitenr centum per annum, payable semi-annually on the first days of'"L June and December in each and every year while they remain When and unpaid, at the Philadelphia National Bank, in the city ofg!=e. Philadelphia, on presentation of the coupon representing such semi-annual instalment of interest. The principal of the said bonds shall be payable on the first day of June, A. D. tow, at nedentH the said Philadelphia National Bank on presentation and stir-render of the saidbonds, but the same or any part thereof may be redeemed at the option of the State on any first day of June or first day of December in or after the year A. D. 197, N,oH, upon thirty days' notice published in one newspaper in the city or of Philadelphia and one newspaper in the State of Delaware'",'';;',;.mw indicating by their numbers the bonds thereby called and elected to be redeemed. Provided, however, that in every call or calls so to be made by the said State Treasurer the bonds lowest in number shall be first called. The said bonds shall each be signed by the Governor, Secretary of State and 11w nCmL .d State Treasurer on behalf of the State, and shall have the Great Seal impressed thereon or affixed thereto. The signa- M* titre of the State Treasurer shall be engraved or printed on on S LAWS OF DELAWARE.. OF THE REVENUE OF THE sTATE. each exrpon, and the coupons attached to each bond shall be consecutively numbered from r to 4o inclusive. Swrios 3. The said bonds authorized to be issued by this act, shall be in the following form, to wit: Form UNITED STATES OF AMER/CA, bond. STATE OF DELAWARE. No. Loan of 1887. These presents certify and make known that the State of De/aware is held and firmly bound unto the bearer in the sum of one thousand dollars lawful money of the United States of America, which the said State promises and binds itself to pay to the bearer at " The Philadelphia National Bank" in the city of Philadelphia, on the first day of June, A. D. 1907, with interest at the rate of three per centum per annum, likewise payable at the said "The Philadelphia National Bank " on the first days of June and December in each and every year whilst the said principal sum remains unpaid, on the presentation of the coupon hereto annexed representing such semi-annual instalment of interest. Provided, however, and it is expressly stipulated, that the said State reserves the right and power at its option to call in, pay and redeem this - bond on any first day of June or December in or after the year A. D. 1897, pursuant to the notice in that behalf pre-scribed by ael of Assembly under authority of which this bond is issued: And provided further,- that when this bond - shall be called by the notice aforesaid, interest thereon shall cease to accrue from and after the first day of June or Decem-ber (as the case may be) next succeeding the date of such notice. Dated at Dover, the first day of June, A. D. 1887. Witness the Great Seal of the saidState and the hands of the Governor, Secretary of [GR E AT SEA L. State and State Treasurer, the day and year aforesaid. GOZY7710r, S'ecretary qf State, , State TM-MUM% And the coupon shall be in1L ie ffo llowing .f0 r1117 to No. " The State of Delaware will pay to bearer at the Philadel-phia National Bank, in the City of Philadelphia, on the first day of - A. D. , the sum of fifteen dollars for six months interest on bond No. , loan of 1887, dated June 1, 1887. , Slate Treasurer."' As soon as the said bonds shall have been signed and sealed foIivers or as by this acct authorized, the State Treasurer shall forthwith theStno. deliver the same to the party who shall have deposited with Let7euLes'int hint the said stun of two hundred and fifty thousand dollars, bidder. taking his receipt therefor, and shall deliver such receipt to the Secretary of State to be recorded in the official register and filed in his office. It shall also be the duty of the 'State Treasurer to provide a record of proper size and proportions, A*,',V to be retained in his office, so ruled as to afford a separate Treastror. space for each coupon and a space at the top of each page of said record for each bond- when paid or redeemed, and each space at the top of said record shall bear the saute number as the bond, a record whereof is intended to be therein preserved. As the said coupons are paid, it shall be the duty of the State convening Treasurer to mark the same in red ink across the face " paid" "t '"""""' cut each of them in two lengthwise, and paste the pieces in the appropriate space for such coupon in the record aforesaid; and, as the said bonds shall be paid or redeemed;',71,2,?" the _State Treasurer shall cause the saute to be cancelled by cooeollod. making lines with red ink through the signatures of the Governor, Secretary of State and State Treasurer, and also by writing across the face thereof, in red ink, the following words: " This bond paid (or redeemed as the case may be) this clay of A. D. -----, by the payment of the slim of $1, 000 principal and dollars interest represented by coupon No. by Measurer." And all coupons unmatured and surrendered with each Postirg of b0:td redeemed shall each likewise be endorsed "Cancelled by the r:I.demption of bond No. in red ink. When paid or ipnr"4"r in redeemed the said bonds shall be pasted in the appropriate romni. spaces in the record aforesaid, and all coupons paid or sur-rendered shall likewise be pasted in their appropriate space in such record. SEcTtox 4. In case more than one person, firm, or corpo- In enso or ration shall signify a willingness and purpose to make the loanlii!),,e,.biitd,.;rd to the State by this acct invited and authorized, and shall accom- shill bo pany such signification by a deposit of five thousand dollars, as provided by Seaion x of this ael, the party whose written signification and deposit shall be first _delivered after the passage of this a61 to the State Treasurer, shall have prefer-ence and priority, and shall, upon making the further deposit on the twenty-fifth day of May, A. D. 1887, and not otherwise, be entitled to receive the whole of the bonds authorized by LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. 9 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. this aft to be issued. But if the party who would otherwise be entitled to such preference and priority shall fail to make v».» tin. or non- the deposit of two hundred and forty-five thousand dollars as fortelture of required by Seelion r of this a6t, the sum of five thousand gnroint,, dollars so deposited by him shall be absolutely forfeited to the tollw State for and on account of such default. The State Treasurer shall, immediately on receiving any written signification of willingness to make the loan by this a6t invited and author-ized, accompanied by the deposit of five thousand dollars, Duty or give to the party so signifying and depositing an acknowledg- :thite Trea-surer inent in writing, under his hand as State Treasurer, of the reeeipt fact of the receipt by him of such signification and deposit 11Puliratiaa. and stating therein, as to the party making the first significa-tion and deposit, that it is the first received by him, and that such party will, on making the further deposit of two hundred and forty-five thousand dollars, be entitled to receive the whole of the bonds authorized to be issued by this ael. When such party shall have made the whole deposit of two hundred and fifty thousand dollars, the State Treasurer shall rtrhult give such party an acknowledgment therefor in the follow:ng giVo reeript, form: Form STATE TREASURER'S OFFICE, STATE OF DELAWARE, reraiut. DOVER, DEL., May 25, 1887. , State Treasurer of the State of Delaware, do hereby certify that I have received on behalf of the said State from , of , the sum of Two Hundrear ad Firiv Thousand Dollars, loaned to the said State pursuant to the provisions of the act of A. D., 1887, and to secure the said loan the bonds of the said State to the Said amount to be dated June 1st, 1887, and to bear interest from and after that date at the rate of three per ceutum per annum, as provided for by said act will be delivered to the said as soon as they can be prepared and executed in accordance with the terms of the said ac-1. , Vat( Trcasurer, SEcTuIN 5 That the public faith is he....eby expressly P"u-I. pledged for the full and complete payment of the loan, prin-cipal and interest,- by this 'ad invited and authorized, and the bonds hereby- authorized to be issued to secure the same; and that the said bond shall be exempt from taxation by this State for any purpose, and the State Treasurer is hereby authorized and directed to cause all blanks in the forms of the Said bonds and coupons hereinbefo7e prescribed to be _appropriately filled. LAWS OF DE LA W A R F. I I OF THE REVENUE OF THE STATE. SF,Crupx 6. That the said sum of two hundred and fifty thousand dollars to be received under the provisions of this acc1 be, and the same is hereby specially pledged and appro-,1,1,,7, printed to the payment of the like stun of the present bonded"- debt of this State, evidenced by two hundred and fifty bonds from numbers i to 250 inclusive of Series " B" issued pur-suant to the provisions of the act entitled "An ad l to provide for the refunding of the present bonded debt of this State at a lower rate of interest, passed at Dover, March 16th,. ISSr" and as soon as the said moneys shall be received by the State sonrow Treasurer he shall forthwith give notice in accordance with the requirements of Seation 4 of the ael last aforesaid, that:',V=4;t4'"1 the State cleats to redeem two hundred and fifty of the bonds huna, of said Series " B" from number x to 250 inclusive and that the same will be redeemed on the first day of July, A. D. -r887, on presentation at the Philadelpha National Bank in the city of Philadelphia, and that interest thereon will cease to accrue after the said first day of July, A. D. 1887. SEcTiox 7. That all expenses of preparing, issuing and ExPm1,0. tinw paw. delivering the bonds by this at authorized, and of adver-tising the calls for the redemption of the bonds of Series "B" authorized to be redeemed, shall be allowed to the State Treasurer, and paid out of any unappropriated money in the Treasury, he producing and exhibiting the necessary vouchers therefor as by law required with reference to other disbursements of the public fluids; and further that the Secretary of State and State Treasurer shall respectively (:,.tm,est,m-receive such compensation for the service to be rendered and performed by them under this act as shall be allowed by the Pall Legislative Committee at its session in January 1888, and said committee is hereby expressly authorized to make such allowances, and to draw drafts on the Treasurer accordingly. Passed at Dar,er, /SST. LAws OF DELAWARE. OF THE REVENUE OF THE STATE. CHAPTER 4. iii: NEVI:NUE ot."1 E s'f Al E. A Further Additional Snyi0enient to the act entitled "An Act in Relation to Oysters" South of Miapillion C.:reek. Pr' c/lere"kell !iv the' Se'nerle and House' ey. ReAreseniellive's II The Shit(' c,/ DciaZ-Cerre I/1 (;(ered Assembly mei, as falows: rni:m.,11t., SECTION i. That from and after the passage of this ad it shall be unlawful for any person to lay out or plant oysters imits-Now-within the following limits in Delaware_ Bay: Beginning at hie- l, the month of Nlispillion Creek and running in an easterly course to West Flats, thence south to Cape Henlopen, thence a westcr:y* to the beach, except zs is hereinafter provided. nm, fie SE.CTIC)N 2. Any person or persons, who are bona fide lug), nniy. 111 citizens of the State of Delaware, may, for the purpose of lhnits .1e-hhea, a). - planting oysters and catching the same by means of dredges, Prolai, th, tongs Or rakes, appropriate to his or their own use a part of not I "re than fifty or the bottom of the bay, within the limits defined in Settion lc,. 'huh of this aet, which shan not exceed in area more than fifty - 1rrvi,..r.ie.ro:,oracres nor less than twenty-five acres, which part shall be Planting, designated by him or them by stakes to show at least two feet above high water mark and not be obstrnftion to navigation - or interfere with the rights of fishermen. It shall be the possession of the planter or planters and the oysters to be deposited therein and their increase shall be his Or their lv private property; but before any person shall avail himself of this privilege, he shall apply in writing to the Colle61or of porfit., ap_ the fyster Revenue for a license for that purpose, and shall ppiltyyit ntginr y.h d is pay to the said Colleclor the sum of fifty cents per acre for each and every acre to be by him or them staked off for the ,wre h,r purpose aforesaid, and also the sum of one dollar per ton 'thk,e'1"11. (Custom House measurement).- for the vessel employed in 41111, one the business of dredging or planting, and shall also pay to the t"ii tor tly said Colleaor, as the fee or price therefor for the privilege of ;grid rliemul th.,, dredgri,...,(Y. or tonging said oysters, the sum of five dollars for larm Ow the each and parjr...0 11 every boat and pair of tongs used in said boat, and mow. the said tongs shall have painted on them a number comes- T-DP Amp poncling with said boat's number, and no more shall be Vm1111i41 in nhipber demanded for the use of said tongs by whomsoever used. Tiie said license shall last only one year and must be renewed by the first day of April of each year and the like sum be paid at the time of each renewal. .So enrolled. .t (1, )f 5, Of LAWS OF DELAWARE. Or THE REVENUE OF THE STATE. SticrioN 3. That if any person or persons shall take and carry away from the area or plantation of another, so as himeny. aforesaid appropriated to his use, any oysters being within the limits thereof, without the consent of the owners thereof, he shall be deemed guilty of larceny and upon convidfon thereof be punished accordingly, and it shall be no objedion to a prosecution for larceny in such a case that the ad was done openly. In addition to the said punishment there shall be imposed a site of one hundred dollars, one-half to be given to the informer and the other half to the owner or ownen-; aforesaid. St,:cryix Any person violating the provision!: of See-lion one of this ad shall lie deemed guilty of a inisdemeanory:.;,,,.,ii-and on convidion thereof, before justice of the peaCC of 1"1. Sussex CM1111.1', shall be fined for each offense the stint of one hundred dollars and shall forfeit all oysters planted by him or them, the vessel used by him or them in the planting of said oysters. and and everything in and belonging to her; the one-half of said fine shall be paid to the informer and the other half to the Colledor of Oyster Revenue. Siicr ix 5. That \Olen all affidavit is filed before said ty justice charring- that a violation of this stzttute has been twinnii, C0111111itted 1s)v any one and setting forth a description of the11,7iiilli,.,1 'et boat or vessel' used by him or theth so charged, the said justice "` )1.1 shall issue a warrant, directed to any constable of said county, he authorizing him to arrest the person or persons therein be charged and also to seize and hold said boat or vessel and all ir and everything in and belonging to her until the final order of of the justice of the peace in the premises. of all for the ill the of for res-be ;ed. wed . be SECTION 6. That upon such convielion, the said justice Nwcr, of the peace shall have the power and auth j ority to commit thc any one so offending to the ail of Sussex county until said line and costs are paid, and also to issue an order to any constable of said county, empowering and diredinp- him to seize and sell said boat or vessel used by such offender in the planting of oysters in the waters aforesaid, or catching or carrying away the same without the consent of the owner thereof, and all and everything in and belonging to her, on ten days notice, posted in two of the most public places in Noti,t,..I each of the hundreds of Cedar Creek, 13roadkiln, Lewes and A..,1,17 Rehoboth, and that such sale shall convey to the purchaser or purchasers of said boat or vessel and all and everything belonging to her, a good and valid title thereto. SECTION 7. That the proceeds of said sale so as aforesaid LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. made by the constable, after dedualing the costs, which shall the be retained by said officer and paid to the parties entitled, shall be paid over to the County Treasurer of Sussex county. "r sit'ex Prtiz.itird, that the parties defendant may appeal to the Court , of General Sessions of the Peace and Jail Delivery within ten A rVen, 1days from the time when judgment was rendered, upon giving bond to the State with security to be approved by the justice Of the peace, in a sum double the amount of the fine imposed and the value of the property seized by the constable, condi-tioned that if the said appeal shall be prosecuted with effed then the same shall be void, otherwise to be in full _rorce and effeel. The proceedings shall be in the name of the State of Delaware, and upon the docketing of the appeal in the Court .1to i,ney. of General Sessions of the Peace and Jail Delivery the Attorney General shall answer to the appeal and condud the "wth. case for the State. lwlierS and SECTION 8. That the owner or owners of the plantation ttgetus mt. t,j prescribed and authorized within the limits set forth in Sedion Millie lir- one of this ad and all persons deputized by him or them as his or their agents shall have the right and are hereby clothed with full power and authority to make arrests for any violation of the provisions of this ad, as duly constituted officers of the Laws of Delaware, and their a'5.t4 and dolngs as such shall be respeded as legal and valid. 17.vscd al Bovcr, Harch 7, /87, C I 'T E 5. )1 1111. lil.V1 t )1. I !II -I VI I . AN ACT in notation to Oysters. Ilae7t if hi, /// .S.ewa am/ / loll Se e'Y Retrrsclattlizrs all .)./111,' nelaTt'al-C ii ( i'elitT(1/ ISStW115/V 11/17`, a'S jiilio;cS: ij;:alh SECT I( /X I. All oyster plantations not exceeding fifty t:he acres occupied and used by boats or vessels of over nine iIIhiiIi toils (Custom House measurement) and all plantations not ri",ided tiwv pay exceeding thirty acres occupied and used by boats of the f'";Prr-11 %." nwitre of !line tolls (Custom House measurement) and 1,1 LAWS OF DELAWARE. 15 OF THE REVENUE OF THE STATE. under, heretofore made in the Delaware Bay, shall be deemed itivenrinetteon-and taken to be the possession of the respeCtive planters and tl:c oysters deposited or to be deposited in such plantations and their increase shall be the private property of the said planters. Provided, and upon the condition that the said planters shall pay annually by the first day of April, the first payment to be made the first day of April, A. D. 1887, to the Colleaor of the oyster revenue, to be appointed as hereinafter provided, the sum of twenty-five dollars as rent for the ground so held by him or them and used by boats or vessels over nine tons (Custom House measurement) and the stun of fifteen dollars as rent for the ground so held by him or them and used by boats or vessels of nine tons and under (Custom FIonse measurement), and the further sum of three dollars per ton (Custom House measurement) for the boat or vessel to be used in the business of working the said plantations. Failure to pay such rent and license fee by the time above mentioned shall be a forfeiture of all the rights hereby secured. The said plantations shall be designated by stakes 1i,,,i1_ as provided in the next seftion for new plantations, and the;Ii:.),Ltalim oysters within them shall be proteaed as hereinafter provided. bY A11-1(0. This privilege shall end with the year expiring the last day of March, A. D. 1888, unless renewed as in the case of a new plantation; and, as a condition of its enjoyment, the parties interested must, before the first day of April, A. D. 1887, take out a license as hereinafter provided. The different !I,. tho i titons plantations shall be treated as numbered in the order which ( ! ! license to plant are issued under this aca, and the boat ornro ( lc vessel used in the business of planting shall wear that numbert.NI:I to be painted in black at least eighteen inches long in the middle nuffilwrol. of her mainsail one-third of the distance below the head thereof. R-orided, however, that where more parts than one (bat not exceeding in the whole fifty acres or thirty acres as the ctse may be) are appropriated by one person they shall hear the same number; and that number only shall be tiec.ssary for designation of the boat or ves;c1; and every Planiati.m plaatation shall b designated :ts soon as appropriated by tbe :lumber of the license under which it is occupied, attached in same proper form to each cattier of the plantations, the figure.; to be not it:s than ten incites in length, the expenses (t1 which 'And] be born by the planters; and the boat or vessel aoitt ii ;d in the business of dredging for oysters only on ther-,;1,r"d',11:;',! tatural beds of this State under the licenses authorized by :TstrUils this ae-t, shall \'ear, in the middle of her mainsail, one-third I '° if the way front the head thereof, a Roman letter painted in fluted. LAWS OF DELAWARE. OF THE REVENVE OF 'rim STATE. black, eighteen inches long, to be designated in the license, and to be in orderly succession from the beginning of the alphabet SECTION 2. Any person or persons may appropriate to his or their own use a part not exceeding fifty acres for boats or vessels to be used by him or them of a larger tonnage than nine tons (Custom House measurement), and a part not prkt re that Imily,f00.;.execeding thirty acres for boats or vessels to be used by him or them of. nine tons and under (Custom House measurement), 1<.h;r1:,;1"1 of the licittom of the Delaware Bay, south of Mahon River and lb:it= west or Blake's channel, and embraced and lying between the two following parallel lines, to wit: one drawn due east 111lim from Mahon River light-house and the Other due east from a poutii the shore at ordinary high water mark two miles south or the middle of the mouth of Mtn-lied:ill Creek, Ipoi (nv,i-Lirht saying and esceptim?,-, however, that part of the bottom of 1(,, , "(her the le 4 a ware Hay lyintr between the two aforesaid parallel :4,n,7. lines and extending three hundred yards into the bay from tile ordinary low water dinnrY Ing" ! mark, unless the same be then appro-wiio. r.rk prmteti according to law, which part shall be designated by ttoh him or them lw stakes not more than fifty yards apart, to show at least two feet above the ordinary high water and not be obstructive of navigation; it shall be the possession kill Creek, Sn ring of the planter or planters, and the oysters to be deposited therein and their increase shall be their private property. But before any one shall avail himself of this privilege he Aim shall apply in writing to the said Colleaor for a license for Minot. that purpose and pay to the said Colle&or the stun of twenty-five dollar:; as the fee or price thereof for boats or vessels to be used by him or them of a larger tonnage than nine tons (Custom House measurement) and the stun of fifteen dollars as the fee or price thereof for boats or vessels used by him or them of nine tons and under (Custom House measurement) and also the sum of three dollars per ton (Custom House measnremeut) for the boat or vessel to be employed i» the business of planting if he be a resident of this State and two dollars per ton, (Custom House measurement), if he be a non-resident of this State; the said license shall last only until the first day of April followin()-P' the date thereof, and ,thotspim must be renewed by the first day of April of each year, and the like sum be- imid at the time of each renewal, providoi, lonst'u-t-t that nothing in this act contained shall be construed to ((oust) men - Kurettwl authorize the appropriation by any one person of so many .0, part.; as shall exceed in the aggregate fifty acres for boats or vesst.41s over nine tons, (Custom House measurement), and LAWS OF DELAWARE. r7 OF THE REVENUE OF THE STATE. thirty acres for boats or vessels of nine tons, (Custom House I.ptsa measurement); the privileges granted by this and the first _ _ _ section shall not embrace any portion of the bottom of the (1.1etil't bay which is a natural oyster bed and has been hitherto used 0: "r". or worked as such, nor shall be extended beyond the to plant oysters and hold them as-property. mereright trotg,, upon the oat ttrttI SECTION'. No person who is not at the time a bona fin,e resident of this State, and shall have been such beim fide ta,i,eitiot, resident continnonsly for at _least six months, and the vessel used by him at /east one-half part thereof be bona fide owned by bona fide residents of this State, and wholly manned by 111V,Iigt.rr balm fide residents (all of which said bona fide residents shaft have lived and resided in this State as such bona /1/ ft residents continuously for at /cast six months prior to time of making application for the certificate liercinafter','"anl, mentioned), shall dredge for oysters or otherwise take the same up from any natural oyster bed of this State. lint aiiy,..ailred, bona fide resident of this State as aforesaid, and using a or vessel 011e-half of which at least is owned by &ow residents of this State as aforesaid, and wholl V Manned b. tiY)//,.! /at residents of this State as aforesaid, desiring to avail himself of the privileges of dredging for oysters or otherwise taking them up from any of the natural oyster beds of this State, for planting- or other purp(Hes, shall first procure from the Colleclor aforesaid, a certificate tinder his hand, stating that he has complied with the provision:, of tile law in thati,. behalf; and in order to obtain such certific(4e, the owner ori;,!:;',',!".""- one Of the owners tif more than (me) of any such boat or vessel shall tile vith the Colleclur a written application, Writtoo:- Stating the Milne of the boat or vessel, the name of the owiler...YV::,;" or owners, (if more than me I, and the place or places ofmed. residence, (if living. in a city, the street uiet number must be given) of such owner or owners, and the shares in which such owners own the same, and the thiration of residence ill this State of the resident owners of at least one-half of said boat or vessel, and shall verify such statement bv his oath or affirmation, which the said colleetor is hereby authorized to administer. The owner so applying, shall file at the same a written statement of the crew and master of mud' boat vessel, showing the names and places of residences of each of the said crew and master of such boat or vessel, and diet"' durati(01 of residence in this State ()I the Captain or master NER,ky of said boat or vessel, and of each of said crew, (and the;;',1,',1:::1, street and number of their residence if in a citv) which 1111111.111a-tiooll. 2 ''So enrolled. iS LAWS OF DELAWARE. OE THE REVENUE OF THE STATE. shall also be verified by the oath or affirmation of the captains or master and each of the said crew respectively; which the said Colleclor is also hereby authorized to administer. If it appears by such application or statement that at least one-half part of the said boat or vessel is /Arno fide owned by a bona .fide resident or residents of this State as aforesaid, and is wholly manned by a crew all of whom are &ma fide residents of this State as aforesaid, and have been such bona fide residents continuously for at least six months prior to the time of making such statement, the said When the Coll .c-tor shall issue and deliver to the master of such boat or shall is.ue vessel a certificate, unless the said Colleelor shall have good certiti,ate. grounds to believe that the statements made by any such owner or owners, or any of the crew are untrue; and in such case, the said Colleelor may refuse to issue such certificate until he shall have had a reasonable time to inquire into the truth or falsity of said statement, and if upon such inquiry the said Colleclor shall be satisfied of the truth of such statement, he shall thereupon issue such certificate; but if he shall be satisfied upon due inquiry that any of said statement is false, he may refuse to issue such certificate. The certificate may be according to the following form: Form nfeei- 'fhi is to certify that the owner of the vessel called used byeutieo.r. having fully complied with the provisions of law in that behalf, the said vessel is allowed and permitted to be used and employed in dredging on any of the natural oyster beds within the waters of this State, excepting the portions reserved by /aw.for tonging purposes during the period by law prescribed for dredging; but the permission hereby conferred shall instantly cease and terminate whenever less than one-half part of said vessel shall be 60110 ide owned by bona fide residents of this State, or whenever said _vessel shall not be manned by a crew wholly composed of bona fide residents of this State. (liven under me hand at this clay of 188 . Colleclor of ()yster Revenue, When on i- Whenever such boat or vessel shall not be wholly manned e eate Olen by bona fide residents of this State as aforesaid, for at least SIN. months, or at :my time less than one-half part thereof shall be owned- by /lona de residents of this State as afore-said, thereupon all privileges conferred by said certificate shit)/ immediately cease and terniinate, and the license hereinafter provided for shall be forfeited and become null and -void. LAWS OF DELAWARE. 19 OF THE REVENUE OF THE STATE. When such certificate shall be issued as aforesaid, the captain or master of the boat or vessel to be employed in the business of dredging upon any of the natural oyster beds of this State, before exercising the 13rixilege of dredging as aforesaid he shall obtain from the said Collector a license. The fee for license to dredge on the natural beds shall be rye three dollars per ton (Custom House measurement) for the"'"''e. boat or vessel to be employed in the business; to be demanded by and paid to the aforesaid Collector before the said license is delivered, but such license shall not be taken to authorize the planting of oysters nor of dredging for oysters on any of the natural oyster beds only in the months of April, May Nit and June of the year in which said certificate and license:4',In'tento were issued; the said license and any license under this ac'l may be demanded at any time for inspealion by the Collector Ids. aforesaid, or the person then in command of the watch boat.1:!,!MT-". hereinafter mentioned, and failure to produce it shall he'''''''""" evidence that it does not exist. Provided, that nothing contained in this section shall be so deemed or construed as Exeeptio». to require a regular licensed planter who is a resident of this State as aforesaid, and using a boat or vessel one-half of which at least is bona fide owned by bona fide residents of this State as aforesaid, and manned by a crew who are all bona fide residents of this State as aforesaid, to take out a license to dredge on the natural oyster beds of this State, but such regular licensed resident planter as aforesaid shall be required to obtain the certificate mentioned in this section, and such certificate alone obtained shall confer upon such regular_ licensed resident planter of this State the right to dredge upon the natural oyster beds of this State during the months of April, May and June, only in the year in which said certificate is issued. Any person who shall swear falsely Arkm mat-in making any of the oaths or affirmations required by thisg,.,(!!. Prr-section, shall be guilty of wilful petjury, and shall be prose-cuted and punished accordingly. SECTION 4. That no person or persons shall dredge for owner's or otherwise take up any oysters front the plantation Ofiwciiry another without the consent of the person or persons owningligdf,rAran said plantation. having no license to dredge for oysters on a St.:cruix 5. it shall be unlawful for any person or persons whomsoever, of the natural oyster beds of this State or haying no license to m l!t1.,',.`,;(";";,_ plant oysters, to dredge for any oysters fro any of the natural the natural oyster beds of this State. And it shall be unlawful for ;Inv ,att:Attoil.. by 6,,mt tio/r residents of this State as aforesaid, fiw at least - Whep,orti - shall be owned 1/V 401/1 jidc residents of this State as afore-said, thereupon all privileges conferred by said certificate shall immediately cease and terminate, amid the license and void. six months, or at auy time less than one-half part thereof hereinafter provided for shall be forfeited and become null Given under my hand at Whenever such boat or vessel shall not be wholly manned Colleetor of )yster this day of 8 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. shall also be verified by the oath or affirmation of the captains or master and each of the said crew respectively; which the said Colleclor is also hereby authorized to administer. If it appears by such application or statement that at least one-half part of the said boat or vessel is bona owned by a bont7 fide resident or residents of this State as aforesaid, and is wholly manned by a crew all of whom are bona iide residents 0-1- this State as aforesaid, and have been such bwia fide residents continuously for at least six months prior to the time of making such statement, the said w:r"th' Collector shall issue and deliver to the master of such boat or vessel a certificate, unless the said Cullecor shall have good grounds to believe that the statements made by ally such owner or owners, or any of the crew are untrue; and in such case, the said Colleetor may refuse to issue such certificate until he shall have had a reasonable time to inquire into the truth or falsity of said statement, and if upon such inquire the said colleclor shall be satisfied of the truth of suchstatement, he shall thereupon issue such certificate; but if he shall be satisfied upon due inquiry that any of said statement is false, he may refuse to issue such certificate. - The certificate may be according to the following form: vorm4m- This is to certify that the owner of the vessel called by colleutor. :in u: fully coMplied with the provisions of law in that behalf, the said vessel is allowed and permitted to be used and employed in dredging on any of the natural oyster beds within the waters of this State, excepting the portions reserved by law,for tonging purposes daring the period by law prescribed for dredging; but the permission hereby-conferred shall instantly cease and terminate whenever less than one-half part of said vessel shall be bona la,. owned by /kmajida residents of this State, or whenever said vessel shall not be maimed by a crew wholly composed of bona fide residents of this State. LAWS OF DELAWARE. r9 OF THE REVENUE OF THE STATE. When such certificate shall be issued as aforesaid, the captain or master of the boat or vessel to be employed in the business of dredging upon any of the natural oyster beds of this .State, before exercising the privilege of dredging as aforesaid he shall obtain from the said Collector a license. The fee for license to dredge on the natural beds shall be Pee nwit-three dollars per ton (Custom House measurement) for the ee"se. boat or vessel to be employed in the business; to be demanded by and paid to the aforesaid Collector before the said license is delivered, but such license shall not be taken to authorize the planting of oysters nor of dredging for oysters on any of the natural oyster beds only in the months of April, May rip and June of the year in which said certificate and licenseom ;gut were issued; the said license and any license under this a& may be demanded at any time for inspedion by the Collector'f' . aforesaid, or the person then in command of time watch boati:!,:te;=-b)- hereinafter mentioned, and failure to produce it shall be'""1"". evidence that it does not exist. Provided, that nothing contained in this section shall be so deemed or construed as Ex,p,,uon. to require a regular licensed planter \vim is a resident of this State as aforesaid, and using a boat or vessel one-half of which at least is bona fide owned by boila fide residents of this State as aforesaid, and manned by a crew who are all bona fide residents of this State as aforesaid, to take out a license to dredge on the natural oyster beds of this State, but such o licensed resident planter as aforesaid shall be required to obtain the certificate mentioned in this section, and such certificate alone obtained shall confer upon such regular licensed resident planter of this State the right to dredge upon the natural oyster beds of this State during the months of April, May and June, only in the year in which said certificate is issued. An person who shall swear falsely when gun-in making any of the oaths or affirmations required by thisl,';,.;!'.IIrr-section, shall be guilty of wilful perjury, and shall be prose-cuted and punished accordingly. St:A.-mix 4. That no person or persons shall dredge for ihy»or's ;omr ooththeer rhwviiots eu tta kthee ucpo nsaennyt oory sttheer s pefrrsoomn otrh ep erpsloannst aotiwonni n,rOdt-fy, h'e1t;d`s,1 g.7pe.:,ho',Imptt.rot ao- said plantation. Hon. whomsoever, haying no license to dred. SticTioN 5. It shall be unlawful for t4aertfetris(.suttecr)sr 10-x.i'lr711\s, col to of the natural oyster beds of this State or haying no license to 1,i,'1,`,`,;"14 plant oysters, to dredge for any oysters from any of the natural ittevotora oyster beds of this State. And it shall be unlawful for any 20 LAWS OF DELAWARE. 11111-iptritlf- person or persons having a license to dredge for oysters on COM) MI-laWrIll to any of the natural oyster beds of this State or being a resident upon dnraetdugrae l pkinter and having 'a license to plant oysters and having the "leas """ proper certificate as hereinbefore required to dredge for or other- during monflisa wise to catch or take up any oysters from the natural oyster beds May and June. of this State at any thne excepting during the months of April, May and June of the Year in which such certificate and license were issued; and it shall- be unlawful for any person or persons whomsoever to dredge for or otherwise catch or take lip oysters either on their own plantation or on the natural oyster beds of this State at any time after sunset and C before sunrise or on the Lord's day commonly called Sunday; irniowroi t dredge and it shall be unlawful for any licensed planter of oysters to when. dredge for or otherwise catch or take any oysters from his own plantation during the months of July and August of any year. And it shall be unlawful for any boat or vessel used in virtue of an oyster license to plant or dredge to remain_ on or near the plantation and the natural oyster beds in the bay after sunset. and all oyster boats or vessels used or engaged in planting- la- dredging for oysters tinder this ad shall not only be a tired in an their occupation or business at or before sunset, but shall be taken within the land by that time if the wind and tide will allow and no accident to prevent. it4iguta1 ro, romotoo tog work, how di,. played. or TH1: REVENUE. OF Tim STATE. SL1FIC )\t"C. A signal for commencing- work in boats or essels licensed under this act in the morning and for retiring from work in the evening shall be given from the watch To at such signal for commencing- work shall be the hoisting of the flag of the Nvatch boat in the morning at sunrise anti keeping the same displayed for one hour at least thert;,rtt n, and the signal for retiring in the evening shall be the km-vying (-)1 the said flag at sunset, which, -previously to the hm-ering thereof at sunset, shall be displayed at least one hour: this flag shall be of drilling., of navy blue color, six feet It\ four in length, with a diamond of white in the center, having it diameter of two feet between the points furtherest apart; it shall be displayed at least one hour at her main-topmast head in the morning,-, during the working days, commencing at sunrise and shall also be displayed at least one hour as aforesaid before sunset. The failure or neglea of the 1.jving ()Idle signal front the watch boat for retiring shall be no excuse for any boat or vessel to remain on or near the plantations or natural beds ill the bay after sunset. The said watch boat shall not leave the planting- grounds and natural oyster beds but shall cruise up and down the same, if the wind yill :Wow, except when she is compelled by floating LAWS OF DELAWARE. OF truE REVENUE OF THE STATE. ice, severe stress of weather, accident, or want of repairs or supplies from remaining in the bay. SECTION 7. Any person or persons who shall violate any .rostico or of the provisions of Se&ions 3, 4 and 5 of this a61, shall b41rga:, fined the sum of one hundred dollars, and if more than one,:iprisOiption ivwtogion. each of the said persons shall be fined one hundred dollars, which said fines, with the costs of prosecution, shall be a lien 9°° the boat or vessel used by such offenders from the time "(15' of the seizure thereof as hereinafter provided; and the pro-ceedings for such violation shall be before any justice of the peace of Kent county as herein provided in Sealion 9 of this acct, and the offender or offenders shall be imprisoned until said fines and costs are paid or until such boat or vessel shall be sold as hereinafter provided. SKTIoN 8. When an oyster boat or vessel is sailing over rorgoos op. a plantation or oyster grounds with dredges overboard and;;Pf,'iji",:,',. the men or crew, or a part of them, at the winders on board ,valgefidP,rtt:ir, of such boat or vessel handling or working the dredges, it.p, orditdg-shall be conclusive evidence that the parties on board of such boat or vessel are dredging for oysters; and Nvli en a 11oat or vessel is discovered on the plantation or ground of another so working his boat or vessel with dredges overboard without the owner's permission, it shall be conclusive evidence that such persons are violating that provision of Sedion 4 of this acct which forbids the dredging on the plantation of another without the owner's consent. SECTION 9. For the purpose of proteccting the oyster beds in the Delaware Bay and those who plant oysters under this ael in the enjoyment of the privilege hereby secured to them, the aforesaid Colle6tor shall, with the moneys paid under the provisions of this a61, keep and maintain a suitable vessel as coneetor a watch boat not less_ than twenty-five tons (Custom Housenk,eP measurement) which shall be of the best quality, well found 130i11,,a,agt!eilitta-in all respects, and able to keep watch in all weathers, and boat. maimed with four men, all of whom shall be experienced and practical seamen, one of them -shall be her captain, to be designated by the Collector, and he shall have charge of her, the others shall be subject to his order. She shall be employed When she at all times in the protection of the natural oyster beds 01ploa51.101.1°.em-this State and the plantations of the several planters front depredation, by trespassers, and shall cruise at all times, when the Nveather will allow, over the oyster plantations and natural beds from one end of them to the other, that no depredation upon any of them may be unseen, and shall not 22 LAWS OF DELAWARE. TI-IE REVENUE OF THE sTATE. go to harbor except in stress of weather or when accident or sonic urgent necessity require it. On board of this boat Book ' be kept. shall be kept a log book, a record, in which shall be entered the names of every person licensed to plant or dredge for oysters with the number of his license and the time when the same was taken out, and also the name of each person constituting the crew of the different boats or vessels used in dredging for oysters on the natural beds; and upon the command of her captain (or if he be sick or absent) upon the command of the person at the time in charge of her, any other boat or boats, vessel or vessels, together with their respective crews shall aid and assist the watch boat and her Ves'el " crew as a posse eomiialits in the enforcement of the several tre..pn,:os forkited. provisions of this act; such enforcement shall be the seizure of the vessel used in the violation of any of the provisions of this act and everything in or belonging to her, and the arrest of her crew, including the master or captain, as herein provided. And it shall be the duty of the captain of the said watch boat to keep a strict and vigilant watch and to see that no violations are made of any of the provisions of this act, ated whenever upon his own view or upon reliable infor-mation he has good grounds to believe that any boat or vessel is being used in violating any of the provisions of this act he shall forthwith seize such boat or vessel and take her to Little Creek Landing and safely keep the same until sold or dis-charged by due course of law, and to arrest all the crew .1,th. 1 including the captain or master and take them before a justice tAhel al 'inwe of the peace of Kent county who shall have full jurisdiction jurisdieti"n. over every violation of any of the provisions of Sections 3, 4 and 5 of this act. In order to give the defendants an oppor-tunity for a fair trial, it shall be the duty of the said justice to fix a dav for the hearing, which shall not be more than five days from the time of the arrest, and -ma v be earlier if rowurnna the defendants so desire. If from any cause the justice shall tiutip,,,,r Ithe be satisfied that the defendants cannot be prepared for trial thurP"'. by the dav fixed by him he may postpone the hearing to a day not exceeding five days from the day first fixed; the persons so arrested shall be required to give bail for their appearance on the day fixed for trial in a stun to be fixed by the said justice, and in default thereof shall be committed to the jail of Kent county; upon proof to the satisfaction of the justice that the -defendants or any of them are guilty, the said justice shall impose upon the defendant or defendants severally so found guilty a fine of one hundred dollars for such violations together with the costs of proceeding including the costs of 'JAWS OF DELAWARE. 23 OF THE REVENUE OF THE STATE. seizing; and detaining the said boat or vessel, and the said defendants so found guilty shall be imprisoned until said fines and costs be paid or until such boat or vessel shall be sold as hereinafter provided, which said fines and costs shall also be a.,!;,irniRed lien upon said boat or vessel from the time of her seizure, and the said boat or vessel and everything in or belonging to her ,=.1e.d. shall be detained until said fines and costs be paid; and in case said fines and costs be not paid within fifteen days from the time the same were adjudged by the said justice then the said justice or any other justice of the peace of Kent county shall issue an order to any constable of Kent county commanding the said constable to sell the said boat or vessel and all and every-thing in and belonging to her to the highest bidder at public sale, on ten days notice, by advertisements posted in six of the:?,:i'".!eic"f, most public places in East Lover and Little Creek hundreds, giveand the proceeds, after deducting the fines and costs, shall be paid to the owner or owners of said boat or vessel, but if said proceeds shall not be sufficient to pay the whole of said fines and costs the proceeds shall be first applied to the costs and the balance thereof to the fines, and thereupon any personsilk.tributed. who may have been imprisoned by reason of non-payment of said fines and costs shall thereupon be discharged from ,litrle',116- imprisonment. Prorided, that parties defendant in the pro- Appo-ni ceeding, may appeal to the Court of General Sessions of the:;',1',',1,.;;; Peace and Jail Delivery upon giving security by bond with ses,i"ii. surety to the justice of the peace, in the name of the State of Delaware, in a sum double the amount of the fine imposed to prosecute the said appeal with effect at the next term of the said court. The appeal shall be tried at said term by jury, unless the court continue it, and upon certificate by the clerk that the appeal was not prosecuted in due time, or was decided against the appellant, the bond shall be forfeited and be at once proceeded upon at the instance of the Collector. The appeal shall be a snhersedcas; but it shall not be granted after the expiration of fifteen days from the time of the imposition of the fine. SECTION to. Upon complaint made by any person before any justice of the Peace in Kent County supported bv oath or affirmation that any boat or vessel has been used or is being used in violation of any of the provisions of Sections 3, 4 and 5 of this act, it shall be the duty of the said justice to issue a warrant under his hand and seal, directed to the captain of the watch boat, commanding him to seize such boat or vessel and to arrest all her crew including the captain or master, and the said captain of the watch boat shall forthwith proceed as 24 LAWS OF DELAWARE. 014"rHE REVENUE OF THE STATE. provided in Section 9 of this act, and the proceedings before the justice of the peace shall be the same as therein provided, with the right of appeal as aforesaid. When the Collector shall have knowledge or reliable information that any boat or vessel has been used or is being used in violation of any of the provision of Sections 3, 4 and 5 of this act it shall be his duty forthwith to order the captain of the said watch boat to seize such boat or vessel and arrest all of her crew including her captain or master, and thereupon the said captain of the watch boat shall proceed in the same way as is provided in the aforesaid Section 9 of this act, and the proceedings before the justice shall be the same as therein provided, with a right of appeal as aforesaid. If the captain of the watch boat shall be absent or incapable of acting in the premises the person at the time in charge of said watch boat shall do and perform all the matters and things herein required of the captain of the watch boat. SP:CT IHN ii. Upon parties charged with the violations of ,,e41111:11r0 any of the provisions of Sections 3, 4 and 5 of this act being ott.A. brought before the justice he shall inquire 'their names and upon refusal to give them he may assign to them in his proceedings any names he may choose, which shall be taken to be their true names, and they shall he further described as belonging to the boat or vessel seized which shall be named also. The proceedings may be according to the following form The State of Dela-ware. vs. Proceeding for violation of Section A, B, C, I), E, P, of the act entitled, An Act in liAotiging to the 1 Relation to O ysters. " boat or vessel And now to wit thishe day of A. D t parties defendant being brought forward and the said boat or vessel being in custody and both parties being ready for trial, and the testimony having been heard and considered, it is hereby adjudged that the said A, B, C, D, E, l, tor such of them as were guilty) are guilty of violating on the day of last the provisions of Section of the act afore-said hy the use of the said boat or vessel and the implements (III he:- for that purpose, and they are hereby ordered to pay each severally a fine of one hundred dollars and jointly to pay the costs of -pro.,;ecution and the cost of seizing and detainin..2,- said essel and are c:untnitte 1 to the custody of the Sheriff o.` Duty of Collet:tor. Fo LAWS OF DELAWARE. 25 OF' THE REVENUE OF THE STATE. Kent county until the said fines and costs be paid or until the said boat or vessel be sold ; and it is further ordered, that if the said fines and costs be not paid in fifteen- days, that the said boat or vessel and her implements as aforesaid and all her appurtenances be sold by M. W., constable, to the highest bidder on ten days notice by advertisements posted in six of the most public places in East Dover and Little Creek hundreds. J. D. J. P. SECTION 12. In the performance of the duties enjoined vorce may by this act the crew of the watch boat and those aiding them be ""`1. voluntarily or upon requisition as aforesaid may use any force necessary for that purpose, and in any proceedings against them either civil or criminal they may plead this act in justi-fication or give it in evidence under the general issue. SEcriox 13. If any person shall resist the crew of the ,»mr otto re-wafch boat and those who may be acting in aid of them or',TtV.'clf. crew any of such persons in the enforcement of this statute, h6'1",1,`,',Y1' shall if such resistance do not endanger life be guilty of a Itirgrttr misdemeanor, and upon conviction by indictment he shall hew' a al6da' fined one hundred dollars ; if life be endangered but not taken he shall be deemed guilty of felony, and upon conviction by f felunS indictment he shall be fined five ,hundred dollars, and ex-posed in the pillory one hour and imprisoned one year ; if life who) a - be taken by the resisting party he shall be guilty of murder' '' in the first degree. SEctiox 14. That any non-resident person desiring to Non-plant or continue the planting of oysters in the Delaware Ray ;;Yant!is,la-and prohibited under this act from dredging for oysters on""t"""'" the natural oyster beds of this State may obtain a license under Section 2 of this act for planting oysters and taking up the same by paying the usual fee for ground rent as pre-scribed in this act, and the further sum of two dollars per ton (Custom House measurement) for the boat or vessel to be used in the business of working. the plantation as is also pre-scribed in said Section 2 of this act ; and the person taking out a license for himself under the provisions of this Section shall take an oath to be administered by the collector herein- owl,. after provided for before the license is delivered that he will not violate or consent to the violation, nor allow the boat or essel used by him in the prosecution of the business for uhich said license is granted to be employed in the violation of this act. 26 LAWS OF DELAWARE. OF THE REVEgrE OF THE STATE. SECTION 15. A license to plant under this act *to dredge Number of vessels to he merely shall be taken to allow the use of one boat or vessel used meter : a ikea,e. only the business, and in every case of license granted the applicant shall state the name of such vessel and the license shall have her name inserted therein. And that no right to plant or dredge for oysters shall under any circumstances exist or be exercised until license in due form is issued and mid for. Stakes thate he SECTION 16. All persons having plantations and the set at w time. stakes haying been carried off by ice or otherwise, shall be required to restake them in the same manner as prescribed in Section 2 of this act by the first day of May in each and every year; and a failure to comply with this Section in three months after the first clay of May shall forfeit all right or claim to said plantation and it shall revert to the State and it may be at any time thereafter staked off as new ground in accordance with the provisions of this act. Personi de- SECTION 17. Any person desiring to stake up new grounds siring ground shall be required to notify the Collector of the location that shall notify the (Vice- he has chosen and if it be within three hundred yards of the limit ion. tor or its ,,Illtrttion of another or the plantations of others it shall be Duty of the duty of the said Collector to notify the owner or owners Colleeter when of said plantations; and if such owner or owners or any of nutitiea. them object, he or they must make their objections in writing to the said Collector, and it shall be the duty of said Collector to hear the objections, and if it should appear that the persons so objecting had good reasonable grounds for such objection, and that their property would be thereby endangered, then he shall refuse to allow the person so desiring to stake up the ,round so selected by him. seized. sels shall her snail De used without haying such num when , sels he allowed to SECTION 18. That no boat or vessel whatever shall be work-, allowed to work until her owner has complied with the law When re case may lie, she shall be seized by the captain of the watch boat and detained by him until her owner or owners shall as the case may be, and before she shall lie allowed again to work allowed to do so until her owner or owners have complied mainsail as provided in this act, and if any boat or vessel have complied with the law in regard to such number or letter, with the law in regard to wearing the letter in or on her in regard to wearing her number of legal dimensions upon her mainsail; and no boat or vessel haying a license to dredge for oysters on the natural oyster beds of this State shall be her' or letter, as the LAWS OF DELAWARE. 27 OF THE REVENUE OF THE sTATE. or dredge for oysters her owner or owners shall pay the Collector the costs and expenses of her seizure and detention. SricrioN 19. It shall be unlawful for any boat or vessel licensed to dredge on the natural oyster beds of this State to use a dredge that has a tooth bar over forty inches (40) in Size or length between the shoulders; and any violation of theth."' provisions of this section shall ipso fat7o work a forfeiture of the license issued for the use of such boat or vessel, and all when for-right to work such boat or vessel under such license shall i immediately cease; and another license shall not be obtained be had. for the said boat or vessel until the expiration of the year for which the license so forfeited was issued. SwrioN zo. Every boat or vessel used or employed in planting or dredging for oysters under the provisions of this act, shall have her name plainly painted on her stern at thei,nmibm of usual place, in white letters upon a black ground or black..nry""."" letters upon a white ground, so that the same may at all times be visible; and any boat or vessel used for planting or dredging for oysters under the provisions of this act and not having her name plainly painted on her stern as aforesaid shall be seized by the captain of the watch boat and detained Ntni-com-by him until her owner or owners shall have complied with 111.:..R;eauso the law in regard to her name being plainly painted on her',1;',11,11,1,r,,,_ stern as aforesaid, and before she shall be allowed again to or vessetl. work or dredge for oysters her owner or owners shall pay to the Collector the costs and expenses of her seizure and detention. Samos 21. If the said captain of the watch boat, or the Collector provided for by this act, shall refuse or neglect to perform any of the duties required of them respectively cclieeim. under this act, he shall be deemed guilty of a misdemeanor and upon conviction thereof by indictment shall be fined not,'11,Y,:',;;L'',. less thaii fifty dollars nor more than one hundred dollars or. together with the costs of prosecution. SECTION 22. That neither the captain of the watch boat nor any of her crew shall receive any pay for the time iIvm..t1!i1lt1?,..'t imi not actually and actively spent in the discharge of the duties required by this act, but such time shall be deducted iii the computation of their wages. SECTION 23. That the sum of three hundred dollars:frixt=-, annually be and is hereby set apart and appropriated out ofappr,,prini. the oyster fund to the Leyy Court of Kent County; and the said Levy Court is hereby authorized and directea to appro-6upu:t t. nke 28 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. priate the -whole of said sum in improving that part of the certain mad, road from Little Creek Landing to Mahon's River which lies between the run and fast land, and for that purpose shall appoint annually in the month of March some skillful and judicious road overseer to superintend and make such repairs, and said overseer shall be subject in all respects to the general laws governing other road overseers. 12(!t%1:1!II° SECTION 24. The collector is hereby authorized and re-i', 1,i,r (wired to furnish the watch boat with six tons of coal and one cord of wood in each and every Year ; and he shall also keep the said watch boat supplied with a properflao- as herein before mentioned, and when the said flag shall be Post or destroyed or worn out he shall supply the said watch boat with a new flag in accordance with the provisions of this act, and the ex-pense of such flag, wood and coal, shall be paid out of any funds he the said collector may have in hand belonging to the State. Sgc..-rtox 25. Any justice 01 the peace of this State resi-dent in Kent County shall have jurisdiction over every viola-tion of the provisions of Sections 3, 4 and 5 of this act and the proceedings for every violation of the provisions of said Sec-tions 3, 4 and 5 of this act shall be before a justice of the peace resident of Kent County with right of appeal as afore-said ; and all proceedings against any offender or offenders under this act shall be in the name of the State of Delaware. The fees to the justice and any officer rendering service under this act for violations thereof shall be the same as now pro- !we ',Hawn-vided by law for like or similar cases ; and any or all fines which may be imposed under the provisions of this act, and "he" which may be received or collected by any constable of Kent County shall be forthwith paid by said constable to the col-lector, and the failure to pay over such fine or fines to the col-lector within ten days after the same may be received or coi- l... lected by any constable shall be a breach of his official g-ation, and it shall be the ditty of the collector forthwith to No nu, c,titie suit to be brought on such official obligation of such constable so failing- to pay such fine within the time aforesaid; and for this purpose the said collector may employ any at-tornQv at law to prosecute such suit and the expenses of such employment shall be paid out of any funds he May have in hand belonging to the State. SEe-ri(IN 26. In order to carry into eflect the provisions of o this act there shall be an officer known as Collector of the LAWS OF DELAWARE. 29 OF THE REVENUE OF THE STATE. Oyster Revenue who shall be appointed by the Governor and shall reside at or near the village of Little Creek in Kent Pinee County and shall hold his office for the term of two years or until his successor be appointed ; but the Governor may at oince. any time within that term remove the Collector and appoint p.,,.1. another in his stead, upon sufficient cause shown him there-for, but the official bond of the Collector so removed shall:110re. nevertheless be continued in force and he and his sureties therein shall be liable thereon for any breach of the duties of his office ; before the Collector shall enter upon the duties of his office he shall give bond with surety to be approved by 13thl. the Governor to the State of Delaware in the penal sum of ten thousand dollars (810,000.00) conditioned for the faithful performance of the duties of his office, and he shall also be sworn or affirmed that he will faithfully and impartially per- collator to form the duties of his office ; the official bond of the Collector shall be recorded in the Recorder's office of Kent County and the original (which shall be filed in the office of the Secretary of State) or a copy thereof from the record duly certified shall be evidence. The person Nvlio held the office of Collector im-mediately prior to the passage of this act shall continue in office for two years from the date of his commission unless he be removed by the Governor upon sufficient cause shown to him therefor but he shall within fifteen days from the passage of this act give bond with surety to be approved by the Gov-ernor as herein required of newly appointed Collectors, and a failure to give such bond within fifteen days from,the passage Th9riy of this act shall work a forfeiture of his office, and the Gov-sT,Itlithiti:"" ernor shall appoint another person as collector in his stead but the official bond which he may have given prior to the F.,,rkini, passag-e of this act shall continue in force and he and his t.1 sureties therein shall be liable thereunder for any breach of11.17,!;,T.'.',1;:i duty which inav have been or may be committed prior to ,t,kittiit,t.huritttt giving his new bond. SEcTiffx 27. The Governor shall cause the necessarv;,;",7,11,T,;','... licenses under this act to be prepared and supplied to the Col-lector aforesaid to be dispensed by him when called for under this act ; they shall be in the usual form except that they shall be adapted to the nature of the privilege granted. room., Samox 28. That the Collector shall issue no license nor iLd147:11`' permit any boat or vessel to dredge until the price or lee for said license has been actually paid, and the collector violating this provision shall not only be responsible for said license fee, but shall in addition thereto forfeit a like stun to the State LAWS OE DELAWARE. OF THE REVENUE OF THE STATE. which shall be sued for and collected by action on his official bond as in other cases of a breach of the condition thereof. SHCT ION 29. The compensation to the said collector under tion the this act shall be ten per centum of the money collected and Collector. paid over to him, but shall not exceed the sum of one thousand dollars per annum ; and that to the captain and crew of the watch boat shall be seventy-five dollars per month for the captain, and forty dollars per month for each of the crew they finding their own board, which shall be paid out of the money collected under this act, a sufficient amount of which is hereby appropriated for that purpose which shall be raid as hereinafter directed. SEcilux 30. That the collector shall keep a separate ac-ttohre. mhoilwe; - count in the Varmers' Hank at Dover of all moneys received how. by him for licenses issued and fines imposed under this act and shall deposit weekly all moneys received by hint therefor, and all disbursements which he is or may be authorized by law to make shall be by checks drawn on said funds in his official capacity which shall be indicated by the written or printed word "Collector" immediately after his name ; the checks shall be numbered consecutively from first to last dur-ing his continuance in office ; shall state briefly what they are for ; and the bills for which they are given shall have a cor-responding number ; and shall be filed in order in the office of the collector and shall be subject to the inspection of any citizen and tax-payer who may wish to examine the same and no disbursement shall be made by the said collector in any other way. poymenh, SEcTioN 31. That the said Collector shall on or before the hy the rot- lootor, ,w ow fifteenth day of March, in each and every year pay over to the finide when State Treasurer for the use of the State all the residue of the made. nod to whom moneys received by him under this act after deducting the made. amount paid out bv him under the authority of this act to-g- ether with his commission. The first payment under this act to be on or before the fifteenth day of March A. D. 1888, and he shall at the same time make and deliver to the said State Treasurer an itemized account or statement of all moneys received bv him fromall sources under this act, and the name of the person or the persons and the boat or vessel used by him or them ; from whom he received said money and also paid out under this act and to whom paid to, with the proper vouchers for the same under his oath thereto at-tached to the said account or statement in the following words to wit : LAWS OF DELAWARE. 31 OF THE REVENUE OF THE STATE. STATE OF DELAWARE, t KENT COUNTY, SS. I Be it remembered that on 'Ill t day of A. D., personally came before inc , a Notary Public for the State of Delaware, A. B., Collector of the Oyster Revenue, and being by me duly sworn upon the Holy Evangels of Almighty ad deposes and says that the above and foregoing is a just and true account of all moneys received and paid- over to him under and by virtue of this act and the disbursements of the same from the fifteenth day of A. D. to the clay of A. D. , and he further deposes and says that there is no item or matter charged in said account and paid for by him but what is authorized by law. fsEm.,.] Sworn and subscribed -) abfeofroersea imd,e the day and year ! A. B., Collector. C. D., Notary Public. And if the said Collector in rendering such account or coneethr statement to the said State Treasurer shall make any false orl.'It,kuint!late. fraudulent statement of the amount received by him or shall onirntin f,ri lt y in drawing checks (the checks as prescribed to be drawn in meow. this section) for the payment of the expenses incurred and other bills authorized to be paid by law, specify therein a greater amount than was contracted to be paid for the service or items for which any such check may lie drawn or which shall not be the true amount which the person in whose favor any such check may be drawn, he shall be deemed guilty of a misdemeanor and on conviction thereof by indictment shall be fined one hundred dollars, one-half for the use of the rine. informer and the residue for the use of the State, and such conviction shall ipsojitfio work a forfeiture of his office. SECTION 32. It shall be the duty of the Collector to haveist tatement his annual statement or account published in two newspapers lie tub-primiteci in the town of Dover in the month of April of each and every year. SECTION 33. That the money paid over to the State Treasurer directed under this act shall be kept as a separate fund, and when the amount is sufficient it shall be applied by him to the purchase of aState bond or bonds, which saidttakk, fund shall from thenceforth constitute part of a sinking fund flyer by20 for the payment of the public debt. coneethr. SECTION 34. That none of the provisions of this act shall Provisions extend or apply to that part of the Delaware Bav embraced within the following limits, viz: Beginning at the mouth of1deginf ExTeptilm. LAWS OF DELAWARE.. OF 'PHE REVENUE OF THE STATE. Delaware Leipsic Creek and running in an easterly course to a spar Boy. buoy on Goose Point Bar; thence in a northwesterly course to the Black Can Buoy, No. 15, off the point of the bar at Bombay Hook; thence a westerly course to the beach; and all the provisions of the act entitled "An Act in Relation to the Tonging of Oysters" passed at Dover, April 2, IS85, shall remain and continue in full force and effect, and shall not in anywise be altered, changed or affected by this act. Slicrtox 35. That the provisions of Section 3 of this Ferning roQ- act in relation to a continuous residence of six months in this nience shall not;apnly in State shall not apply or extend to any bona fide resident of Kent county who have actually moved into Kent county with a /mmtjide intention of remaining here permanently prior to the first day of February, A. D. 1887, but who have not been such /on , /id,. resident of this State for six months prior to the time of the making of their application for the certificate ()nth., required by said section; and such persons shall not be animmiti.on1 required to make the oath or affirmation provided for in said Dot require. in vertain SeCti()11 as to a continuous six months resident, provided such eases. oath or affirmation be made before the expiration of six months from the time they actually become bona fide residents or this State. SECT1( )N 36. All acts and. parts of acts except the act entitled An Act in Relation to the Tonging of Oysters, passed at Dover, April 2d, 1885, Nvhich are supplied by or are inconsistent with this act be and the same are hereby repealed, made null and void. Saving and excepting, how-ever, that all the provisions of said acts shall remain-in force, for the purpose of continuing, maintaining and prosecuting to final judgment and execution any proceedings that may have been commenced for violations of any-of the provisions of said acts, including any and all appeals which may have been taken or entered in any of said proceedings, and the appeal bonds which may have been takenin any appeals shall continue in full force and effect and suit thereon may be commenced and prosecuted to final judgment and execution; and saving and excepting further that the official bond of any collector who may have held the office of collector prior to the passage of this act shall continue in force. And such Collector and his sureties therein shall continue liable for any breach or breaches of any of the conditions of said bond. And said bond may be proceeded on to final judgment against the principal and sureties therein for any breach of the condition thereof. I twmi.i. tent no, re I' Oflith I. Except i.r. Excepii"n. LAWS OF DELAWARE. 33 OF THE REVENUE OF THE STATE. SECTION 37. It shall be the duty of the Secretary of State it, of tho as soon as conveniently may be after the passage of this act toS3eie.r- tiry of cause 200 copies of this act to be printed on good foolscap State. paper and to deliver the same when printed to the Collector appointed under this act, and the said Collector is hereby tiulti3 ?from directed to furnish one copy of this act to any boat or vessel c licensed under this act and he shall also supply one copy to any captain or master of an unlicensed oyster boat or vessel who shall apply to him for the same ; but no neglect or failure of the Collector in this respect shall exonerate or excuse any one violating any of the provisions of this act. SE.crloN 38. That nothing in this act shall be so con- SiliViln anit in finer strued as in any manner to repeal, alter or amend any act re-lating to the catching of oysters in the creeks or rivers of this concerning the catching' State. ()lusters to Passedtr1 Dover-, March 281h, 1887. creeks or rivers. 3 CHAPTER 6. OF THE REVENUE OF THE STA1 E. AN ACT to resSetravtee fao Sr eFcitsihoinn go fa nthde DDoemlaewstaicre O Bysatye rw piutrhpions ethse. limits of this SECTION I. lie 11 enatcled by the Senate and House of le(751-tverdatives of the Slate of Delaware in General As-sembly mei.- That on and after the passage of this ac l there shall be laid off for fishing and for domestic oyster purposes, the following described portion of the Delaware Bay in this State. First, that portion lying between two parallel lines and Tliter,:t running due east to the middle of the Ship Channel, the first ;Zt,i'il! point to continence two miles south of the middle of the tch',.,Tel.,1): mouth of Murderkill Creek, and to run (hie east, and second point to commence in the middle of the mouth of 0,61. Mispillion Creek and run a like due east course, and there shall not hereafter within the herein described limits be any oysters planted in the land staked up for such purposes except as herein provided, and in case any such oysters should be 34- "LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. planted within these described limits they shall have no pro-te6tion in law, and shall be forfeited for the use of the public1. and the seetion- here described shall be reserved of general fishing purposes. SECTION 2. As excepted in Seaion i of this aet, there shall be laid off for domestic oyster purposes, a strip of oyster planting land from the month of Lewis's Ditch, southerly to the mouth of Mispillion Creek, three hundred yards wide, ex-tending into the bay from ordinary low water mark, and the same shall be divided into plats or sections, containing each two hundred feet front on the shore line and extending a due east course between parallel lines three -hundred yards into the bay, and each of said plats shall be considered one Svc:mix 3, As soon after the passage of this _ael. as eon- AO I va n,e venient, it shall be the duty of the eolleelor of the Oyster Revenue to employ a competent surveyor and go with -him and properly lay off and plat this land and make a correet map or chart thereof for the use of said Colleetor of the Oyster Revenue, that is to say, he shall plant a stone at the place of beginning, Lewis's Ditch, marked No. 1, and by the most straight and longest lines he can get, follow the shore, plant-ing- at each Jive thousand feet a suitable stone near to and inside of ordinary high water mark, properly and distinctly Each Se.- -n umbered from one at Lewis's Ditch numerically to Alispillion lithiown.d. Cita. It shall not be necessary for said Surveyor to survey each section or plat, but from his shore lines make and draw his chart of the shore in two hundred feet spaces by parallel (Inc east lines to make his drawing as direeled herein, and each one of these sections shall be alphabetically marked in combinations not exceeding two letters on said map, or a book kept for that purpose. Si:c`rnix 4. From this plat or map including all the marked seetions, atly person who is a bona jide citizen of this s,b. State may select one on paying a license fee of five dollars for dazen,two. each year to the Collector of the Oyster Revenue of this State, 6,1.4 whose further duties shall extend to the provisions of this act, jusyltictit git kt. and he shall keep a correel account of all such seetions licensed ,Cthulalek e',t.r, , with the names of the persons holding the same and such ""e-unt licenses issued shall contain their alphabetical number written TACti011/. in. It is herein provided that no seetion shall include the mouth of any creek, neither shall the space between St. NO pection Amu Jones' Creek and Muderkill Creek be included in the pro-indudo non lb ViSiOnS of this ael. It shall be the duty of the Colleetor of LAWS OE DELAWARE. 35 OE THE REVENUE OF THE STATE. the Oyster Revenue to pay out of the oyster funds in his hands a reasonable compensation for the survey and map, herein dire6ted, but no further surveying expenses shall be paid by the State. SECTION 5. No person taking out a license to plant oysters !i'ilorsni on any of these seelions shall interfere with the seine fishingterrero wA within these limits; in order that he or they may not do so, "1"etl'in"g his shore stakes shall be at high water and his stakes in the bay shall be held there by what is termed a mushroom or bell anchor to which his stakes shall be attached in such way as to permit the lead lines of seines to pass over without getting fast. SECTION 6. Each one of these se6tions that is planted!leigts with oysters shall be staked within its (riven lines and dis- limbered. tin6tly marked by its alphabetical number in letters not less than six inches long by two inches wide, at each corner, and Potions, ):eale3eefigits.bo any person who negleas to so stake his seelion shall have no prote6tion in law under this ael. SEcriox 7. No person legally holding one of these see-,.0 petunngg & tions shall be permitted either to plant oysters thereon or takei;,thiltItlin them therefrom, excepting between the hours of sunrise and sunset, and for every violation of this provision he shall be;!"le.lebriii: liable to a fine of S'Io, and any person holding a see-tion1;.; herein described who shall be found wilfully taking the oysters from another se6tion shall pay a fine twenty alars, and -forfeit his own se6tion and all the oysters thereon, and'1.,'W,.,7.1. shall not be permitted to have another license within the limits herein described. Swriox R. If any person not having a licensed seclion1;,:!Inwfur within these limits shall be found wit fu/ly taking or destroying notIalrig the oysters on any _licensed seation, he shall stinimarilyU:= w fined the sum of twenty dollars for each such offense, and i1.`itr,ittrtror3 any Sheriff, Constable or other citizen shall have the right ictu.,111,r to arrest such person or persons and take them before the l',,..;uaty. nearest Justice of the Peace who shall exa6I such fine and Jusave$Ju. if not paid the said Justice shall send such person or persons 1.""°"' to the county jail until it is paid or they are otherwise dis-charged by court. It is provided that suchaccused person shall have the right to be heard in his own behalf and furnish evidence to prove his innocence, which the - justice of the P eace shall determine. SECTION 9. It is further provided that all boats encraged in removing oysters from any of -thaneds,e'v ePslsqeinl,sI Y, licensed seClions must have plainly painted on their sterns,i:'1:ilaniccloonists. 36 OF THE REVENUE' OF THE STATE. LAWS OF DELAWARE. in black letters on a white ground, as large as on their stakes, their correci alphabetical numbers, or otherwise such boats and vessels may be seized and sold on condemnation before Nogleet to do so works a justice of the peace, by any constable of Kent County, on a forfeiture. ten days, notice being given in five public places in the hundred in which the offense has been committed, but nothing herein shall prevent an appeal to the court under the laws of this State. rine:; HMI SECTION io. All fines and penalties accruing from the toonglottioto execution of this at after deducting costs of suit shall be eolleFtor paid to the Collector of the Oyster Revenue and to go into Tgrntf9tr, the oyster fund along with all licenses under this acct paid uoter fun't to him, and to be accounted for by him as other oyster revenue is by law accounted for by him under the laws of this State, and all aas or parts of aels inconsistent with the provisions of this at are hereby suspended from operation within the herein described limits. Passed a/ Dover, Alarch 28, /887. Freamble. C H A 1"l`E R 7. REVENUE OF THE sTA1 E. AN ACT Concerning the Revenue of the State. WHERE.;-; the Delaware Railroad Company has hitherto certainly been exempt from all taxation by the terms of its charter; and W I I El( E.kti doubts have been suggested as to when the period of exemption from taxation expires and these doubts can only be authoritatively solved by a judicial construction of its charter, although this Legislature believes that such limitation of exemption expired with the year 1886 ; and IMIEREAs it is expedient that steps be taken to secure to the State the revenue which Nvould accrue from the said Company so far as it is or may be properly taxable; therefore, LAWS OE DELAWARE. 37 OF THE REVENUE. OF THE STATE.. Be enafied by. Me Senate and House of Refiresentatives of Me State of Delaware in General Assembly met: SF.CTION 1. That the State Treasurer be, and he is hereby= 'Loth: authorized and directed, on or before the first day of Jul', SUM'. A. D. 1887, to give notice in writing to the President or Treasurer of " The Delaware Railroad Company " that the State will insist upon its right to collect taxes from the said Company during the present year and thereafter in accordance with the provisions of the several statutes imposing such taxes for purposes of revenue, and if the said Company shall not, pursuant to such notice, pay the gross sum prescribed ita'yilunrrentto by the next section hereof, it shall be the duty of the State eee4irn unitautot-I Treasurer to proceed to enforce the payment by said Company ed. of the taxes imposed by the said statutes. SECTION 2. That if the said " The Delaware Railroad ii,,aym9rtb}; Company " shall, on the first clay of July, A. D. 1887, pay to etm=rto the State Treasurer for the use Of the State the sum of fifteen TptLici`olne hundred dollars, and shall likewise, on the first day of ail taxes. January and July in each and every year thereafter until otherwise provided by law, pay to the said State Treasurer for the use of the State the like sum of fifteen hundred dollars, such sums shall be accepted and received in com-mutation and payment of all taxes which would otherwise be due and collectable from the said Company under the provisions of the aas entitled, "An at to raise revenue for this State" passed at Dover, August 11, 1864, and "An ael taxing railroad and canal companies in this State" passed at Dover, April 8, 1869. SECTION- 3. That this a61 shall not in anywise abrogate, repeal or alter-the provisions of either of the as mentionedoshint= and referred to in Se L-10etion 2 of this acq, but shall only operate I: to suspend the executioo and enforcement of the said several aalS so far as the said " The Delaware Railroad Company" isootpheerart nioents .o f concerned, so long as such semi-annual payments shall be regularly and promptly made or until it shall be otherwise provided by law. And further, that nothing herein contained shall be construed to be a contrast exempting or relieving the said corporation from any tax or taxes which may be now or hereafter imposed by law, except only that the payment ofsho b. in the sums aforesaid shall be in lieu of the special taxes above lienffitihx0 named. Provided, that if any corporation, which may 1J:2T:olio. liable to any tax under the said two several atcts, shall lye consolidated' with " The Delaware Railroad Company " under any legislation of this State, such consolidation shall not in 38 LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. anywise operate to effect the liability of any such Company for any such tax, but the same or any sum which may have* provided to be received as commutation shall be payable by the said Company as well after as before such consolidation. Passed al Dover, April 20, /887. *So enrollell. CHAPTER S. 01."111E I:I.:VENCE UI TH E STA"! E. A SUPPLEMENT to the act entitled, "An act to Raise Revenue and Provide for the Current Expenses of the State thavernment" Passed at Dover, March 22, 18(37. ellafied by The Se na/ e cud House (y* presenlalives of /he Slab. of De/aware ill General Assembly mel SEcT ioN 1. That hereafter the licenses to be issued by tircolgur the Clerk of the Peace in each of the counties of this State SWUM%) to each foreign life insurance agent and to each foreign fire COMMInies to expiru insurance agent shall expire on the thirty-first day of January Oh following the date thereof, and each of said agents, when he Licenses takes out a license for a fractional part of the year, shall pa. hewt. ou taken to the said Clerk of the Peace, for the use of the State, as f-e for such license equal to a sum which shall be in proport n to fifty dollars as the time which said license has to run i to Paymon for lireitevs twelve months. And each of said agents shall also pay t the hew jostle. said Clerk of the Peace, for the use of the State, tl per centum now required to be paid by law on a like pro .iortion of the gross amount of the premiums received and as..-ssment collecled bv each of said agents during the 'ear urn lediately next preceding the day of obtaining such license. (1/ DOZYT, .'IP17/ 2/ / SST, LAWS OF DELA1 ARE. 39 F THE REVENUE OF THE STATE. CHAPTER 9. OF THE REVENUE OF 1HE STATE. AN CT to Amend Section Three, Chapter Pour of the Reritel Statutes of the State of Delaware. f BMee Sleantea eolef dD beyla Mwea reS einna tGe eannedra lH Aosusseem obfl yR meperte: sentatives SECTION I. That Sedion Three, Chapter Four of the! Revised Statutes of this State, be amended by adding the Rev1 following thereto. Statutes ntnended. Provided, That when the .'ee or tax for the use of the State Prosi,,,. has been once paid as required by this sedion, it shall not be again charged for any subsequent copy of any such ad or resolution, which the Secretary of State is hereby authorized to issue to any one requesting it on payment of his fees therefor. Passed at novo-, Aprii 21, iss7. CHAPTER to. ol."11-IE LEVY cOURT. AN ACT to Authorize the Levy Court of Kent County to Re-appoint for an- Additional Term a Constable for Mispillion Hundred. Be 1/ ('nailed by the Senale and souse (yr Avresenhirives lhe SlaIe of Delaware in General Assembly mel: SECTION I. That it shall and may be lawful for the Levy Atithmity Court of Kent county, in the exercise of their discretion, to;:,',,',.`,T,;;V,t, reappoint for an additional term any constable in Mispillion hundred, in the cpunty aforesaid. Passed al Dover, 1;.ebrualy 25, /86'7. LAWS OF DELAWARE. OF THE LEVY COURT. CHAPTER OF '1 HE LEVY COURT. A SUPPLEMENT to an act entitled, "An Act Authorizing tile Levy Court of New Castle County to make a loan for the benefit of the Trustees of the Poor of New Castle County" passed March 30, 1883. Preamble. WHER EAS the persons to whom the Trustees of the Poor of New Castle county have conveyed certain real estate, as direcled by the acct to which this is a supplement, will not be able to sell and dispose of all of said real estate within the time limited for its sale by said aal unless they dispose of the same at much less than its true value; now therefore lie it enaRed by the Senate and House of Refiresentalives y* the State f Delazoare in General Assembly mcl.. SECTION 1. That " The Trustees of the Poor of New Tthretn oPeeeer, ,d Cas' tle county" and Henry G. Banning, Edward T. Bellah, New l'astrI3 Joseph L. Carpenter, Jr., William C. Lodge and Viaor duPont, Trustees, to whom the said " The Trustees of the ttitt,fleixn:.1,..iittl,ed Poor of New Castle county " has conveyed certain real estate eertdin belonging to said corporation, and the survivor and survivors deed:: and the purpose Parer, I", of them and the heirs and assigns of such survivors, are ttl* extel0- hereby dire6ted, authorized and empowered to execute and !,711t"'' deliver all such deeds, papers and instruments of writing as real estate. may be necessary and proper for the purpose of extending the time in which the said real estate may be sold, for a further period of five years, making ten years altogether, from the passage of the original a6t to which this is a supplement, and such papers, deeds and instruments of writing executed by them for the purpose of extending said time as aforesaid shall be valid and sufficient in law for such purpose, and all the . rp ovisions of the acl to which this is a supplement applying All preo- . pions of act in any manner to said real estate and the disposal of the to whhit this is a s up_ proceeds thereof shall extend and apply to the same for the said further period of five years. extended. SECTION 2. All acls and parts of aels inconsistent here-with are hereby repealed. SEcrioN 3. This acl shall be deemed and taken to be a public aa. Passed at Dover, Hard! 2/, /887. :LAWS OF' DELAWARE. 41 OF THE LEVY COURT. CHAPTER 12. 0E THE LEVY COURT. AN ACT to Authorize. the Levy Court of Kent County to Increase the Appropriation to "The Town of Dover" for the Purpose of Keeping the Streets in Repair. Be it enaRed by the Senate and House of Representatives .(y. the State qf Delaware in Genenzl Assembly met: SECTION 1. That the Levy Court of Kent county be and Levy court they are hereby authorized and direfted, annually, in the onati.7,11.ivei-month of April, to appropriate two hundred and fifty dollars:1%U.,%`,`,ii-in addition to the sum now provided by law to the town of.,\e I',i12:rwtlo Dover for the purpose of repairing and improving the streets D'ove(r." of said town. SecnoN 2. That the said Levy Court shall dire& the 1. .ear k. orhtitri Clerk of the Peace to draw an order upon the County drmcvenii Treasurer before the first day of July, payable to thetsh.11:;:;:.g.r.! Treasurer of the Town of Dover for the sum so appropriated. n'e". Passed at Dozer, April 6, iSS7. CHAPTER 12 OE ill E LEVY Coll:T. AN ACT Authorizing the Levy Court of Sussex County to fund the Debt of said County. Be it enaRed by Me Senate and House ty- Representatives ey State rye liela:care, in General Assembly met SEcTioN 1. That from and after the passage of this aal Allvotritiso-the County Treasurer of Sussex county, the President of the 'e..1:1111,10y Levy Court of Sussex county, and the Clerk of the Peace of Trenr,c,fof Sussex county be, and they are hereby authorized and Ite,I.lev,),',/ direcled to advertise in such newspapers as they shall deem Clerk oftheof proper, and for sue% length of time as they shall deem proper, Fing:cex County. OF THE LEVY COURT. LAWS OF DELAWARE: for bids or proposals for the whole amount of the loan autho-rized by this ad to be represented by bonds of Sussex county! writing. as hereinafter provided. Each bid or proposal must be iii. writing, must state the bidders full name and place of resi-deuce, and the amount of the loan proposed to be taken. Every bid must be accompanied by a certified check to the - order of the County Treasurer of Sussex county for three per Guarantee. centum of the amount of the bid, which shall be retained as security for the payment of the residue of the amount bid when the bonds are ready for delivery, and payment shall be demanded in the mode hereinafter provided. In case the sue-f cessful bidder should fail to comply with his bid by paying bidder I., comply. per the balance thereof when demanded, the said percentage shall cep t a ge rer- be absolutely forfeited to the said county. No bid less than felted. Bids mast the par value of the bonds will be accepted. In the said be t he pa r va Me. advertisements surAl matters shall be stated as may be 1%1,qt necessary for the proper information of bidders respecting the Ann 'tate. said loan, and especially the time for the opening of said bids verti-ement or proposals, and to whom said proposals shall be addressed. Bids when SECTION 2. That at the time designated in said advertise-awl 1.Y when, ments for the opening of said bids, the said County Treasurer, "pe"ed. President of the Levy Court, and Clerk of the Peace, shall meet in the office of said Clerk of the Peace, in the town of Georgetown, Sussex county, and shall constitute a commis- Duties of the omit/1i,- sion to open the said bids or proposals so received by them sion. and make an accurate record in a book to be provided by the said Clerk of the Peace for that purpose, of every such bid or proposal so received, showing the name of the bidder, his place of residence and the amount of his bid; and such record shall also show the award made by the said commission as hereinafter provided. After the said bids shall have been opened and recorded the said commission shall award the said ""r'l. loan to the highest bidder or bidders whose proposal shall conform to the requirements of Sedion 1, of this ad. In case there be two or more bids at the same price for the like hid,. how whole of said loan or any part thereof, the said commission awarded. may at their discretion, liaving due regard to the best interest of the said county, award the same to any one of such bid-ders. It shall be the duty of the County Treasurer after the said commission shall have awarded the loan to return to all Hoorn of unsuccessful bidders the certified checks received from them respectively, and the faith of the said county is expressly pledged for the return of tilt said checks. The check or Cheek of the Hieeess- checks of the successful bidder or bidders, shall, after the award made, be immediately deposited in the Farmer's bank LAWS OF DELAWARE. 43 OF THE LEVY COURT. aTtr eGaesourrgeer,t oawnnd, iffo trh cer esdaiidt tsou ctcheess fauclc boiudndte ro fo rt hbei dsdaeirds ,C oshuanltly, l°3}8Ch errir upon demand of the said County Treasurer and upon notice that the bonds are ready for delivery, comply with his or their undertaking by paying the balance of the amount or amounts bid by him or them, then the percentage so paid by him or them shall constitute part of the price of said bonds or otherwise shall be absolutely forfeited to the said county; pro- cent. dells-vided that such successful bidder or bidders so complying MeV with his bid or bids shall be allowed interest at the rate of elyttne m er-four per cent. per annum on the amount of his or their de- nilincca posit from the date of said award until the first day of July, :PerZit. A. D. 1887, (when interest shall commence to accrue on the said bonds,) which said allowance shall be made by way of abatement on the unpaid balance of his or their bid or bids. SEcTIoN 3. In case there shall be no bid or bids for the whole of said loan or any part thereof pursuant to the advertisements direcled and authorized by Sealion r of this a61, or in case the whole of said loan or any part thereof be not taken, the said County Treasurer, President of the Levy Court of Sussex county and Clerk of the Peace may re-adver-tise from time to time in such newspapers and for such length may re-ad!- of time as they may deem proper, in the same manner and subje61 to the same regulations as prescribed by Sealion 1, for other bids or proposals for the whole amount of the said loan or any part thereof. All bids or proposals by this seelion authorized shall be opened, aeled on and disposed of shim lie at the time and place designated in said advertisements by,%`;:-e'r":!,(sigl,',.%: the same commission and subje61 to the same regulations and hi t dire6-tions as are contained in Se6tion 2 of this al; provided, pr,i,. however, that in case any person may desire to bid for said loan either under- the advertisements prescribed by this seelion or Seelion r, may bid for the whole of said loan or any part thereof. SECTION el. That immediately after the award of said .P replan lion loan or any part thereof by the said commission as herein-" """'. before provided, it shall be and itis hereby made the duty of the said County Treasurer, President of the Levy Court and Clerk of the Peace forthwith to cause to be prepared and signed and sealed, as hereinafter provided, sixty bonds Sussex county of the denomination of five hundred dollars ..buracter of each with coupons thereto attached. The said bonds shall be divided into fifteen several classes or series and shall be designated as "Series A" "Series B" "Series C" "Series D" "Series E" "Series F" "Series G" "Series H" .1' OF THE LEVY COURT. "Series I" "Series J" "Series K" "Series L" "Series M" "Series N" "Series 0" respeaively. Each of said series shalt consist of two thousand dollars and shall be represented by four bonds numbered from i to 4 inclusive. non in- The said bonds shall bear interest at the rate of four per centum per annum payable semi-annually on the first days of January and July in every year while they remain unpaid, at the Farmers' Bank at Georgetown, on presentation of the ciupon representing such semi-annual instalment of interest. The said bonds shall be dated the first day of July, A. D. 1887, shall bear interest from and after that date and shall have coupons attached to each bond representing each semi-annual instalment of interest which shall lie numbered consecutively. Each coupon belonging to each bond shall bear the letter indicating the series of the bond to which it umia-who, is attached. The bonds embraced in "Series A " shall lie payable. payable on the first day of July, A. I). 1889. The bonds embraced in "Series B shall he payable on the first day of July, A. D. 1890. The bonds embraced in "Series C" shall be payable on the first day of July, A. D. 1891. The bonds embraced in "Series I)" shall be payable on the first day of July-1. I). 1892. The bonds embraced in "Series E" shall be payable on the first day of July, A. D. 1893. The bonds embraced in "Series F" shall be payable on the first day of July, A. D. 1894. The bonds embraced in "Series G" be payable on the first day of July, A. D. 1895. The bonds embraced in "Series H" shall be payable on the first day of July, A. D. 1896. The bonds embraced in "Series 1" shall lie payable on the first day of July, A. 1). 1897. The bonds embraced in "Series J" shall lie payable on the first day of July, 1898. '1'lle bonds embraced in "Series K " shall be payable on the first day of July, A. D. 1899. The bonds embraced in " Series L" shall lie payable on the first day of July, A. 1). 1900. The bonds embraced in "Series M " shall be payable on the first day of July, A. D. 1901. The bonds embraced in "Series N" shall lie payable on the first day of July, A. 1). 1902. The bonds embraced in "Series 0" shall be payable on the first day of July, 1903. The said bonds may be in the following form, to wit: THE STATE OF DELAWARE, SussEx COUNTY. Series , No. . These presents certify and make known that Sussex county, in the State of Delaware, is held and firmly bound unto the 44 LAWS OF DELAWARE. LAWS OF DELAWARE. 45 OF THE LEVY COURT. bearer in the sum of five hundred dollars, lawful money of the United States of America, which the said county binds itself to pay to the bearer at the Farmers' Bank in George-town, on the first day of July, A. D. , with interest at the rate of of four per cent= per annum payable at the said Farmers' Bank in Georgetown, on the first day of January and July in each and every year, while said principal sum remains unpaid, upon presentation of the coupon hereto annexed, representing such semi-annual instalment of interest. Dated at Georgetown, the first clay of July, A. D. 1887. Witness the seal of the Levy Court of Sussex county, and the hands of the County Treasurer, President of the Levy Court and the Clerk of the Peace of the said county, the day and year aforesaid. [SEAL.] , County Treasurer of .5ussex County, , President qf Levy Court P./ Sussex County, , Clerk qj the Peace ey. Sussex County. And the coupons shall be in the following forms, to wit: yoztoi.f. Sussex county will pay to the bearer, at the Farmers' Bank"' in Georgetown on the first day of , A. D. , the Still of ten dollars on bond No. , Series , dated July 1st, 1887. Number , County Treasurer of Sussex county. The said bonds shall each be dated the same day, shall be now signol signed by the said County Treasurer, President of the Levy Court lad and Clerk of the Peace on behalf of the said Sussex county, and shall have the seal of the said Levy Court affixed thereto. The said Clerk of the Peace shall, in a book to be provided Clerk ()Nile by him for that purpose, make an accurate record, showingt,',;(;urct!VI each series of said bonds with their numbers and denomina-tions respectively. It shall be the duty of the said County Duty or Treasurer to provide a record of proper size and proportions!;',T,',':,;',.,,.. to be retained in his office so ruled as to afford a separate space for each coupon and a space at the top of the page of said record for each bond when paid or redeemed, he shall also affix his signature to each of the several coupons attached to each of said bonds and shall make an entry at the top of each page of the said record so to be kept by him of the number and series and also the denomination or the bond of which a record is to be made and kept on such page, and when the said bonds are delivered to the successful bidder or bidders therefor, the said County Treasurer, the President of the Levy Court and the Clerk of the Peace of Sussex county shall take 46 Bonds, and how atel %dont ean celled. LAWS OF DELAWARE. OF THE LEVY COURT. a receipt showing the delivery thereof and the price received by them therefor. As the said interest coupons are paid it shall be the duty of the said County Treasurer to mark the said in red ink " Paid" cut each of them in two pieces lengthwise and paste the two pieces in the appropriate space for such coupon in the aforesaid record. Whenever any of the said bonds shall have been paid the said County Treasurer shall cause the same to be cancelled by making lines of red ink through the signature of the County Treasurer, President of the Levy Court and the Clerk_ of the Peace, and also by writing across the face of said bond in red ink: " This bond paid on the day A. D. by the payment principal and dollars interest representoefddo llbarys coupons No. by County Treasurer." And all coupons matured and surrendered shall each likewise be en-dorsed "canceled by the payment of bond No . '' When paid the said bond shall be pasted in the record aforesaid, and all coupons paid, surrendered or served shall likewise be Pasted in their appropriate space in such record. Notire SECTION 5. When an award shall have been made to the soeve,,dol successful bidder or bidders of the said loan by this at Lidder of award, authorized or any part thereof and the said bonds shall be ready for delivery, said County Treasurer, President of the Levy Court and Clerk of the Peace shall cause notice in writing to be served upon each such bidder at least ten days before the delivery of the bonds indicated in such notes. in case any bidder to whom an award has been made, fail to pay the balance of the amount of his bid at the time designated ['von tail- in said notice the cash deposit made lw him shall be abso-lutely forfeited to Sussex county; and so much of the said der to eont-ply dep..it loan as he had bid for, may be re-advertised by the said com-borreitol. mission according to the provisions of this ac-f in that behalf. Mono. 1"0*- SECTION 6. The said Levy Court of Sussex County is to tar aiadic.I to direeled to apply the money borrowed as aforesaid, within six lIeiinii dation omuotnsttahns ditnhge reianfdteebr,t edton esths e olfi qusaidida ticoonu natyn d wphaiychm emnta yo fh athvee been due and payable before the passage of this a61.. The application of the said money as aforesaid shall be made through the said commission consisting of the County Treasurer, President of the Levy Court and Clerk of the Peace of Sussex county. tUonr lai.ew%fuy l SECTION 7. It shall not be lawful for the said Levy Court Court to to contract any floating debt or to borrow any money in contract any !kitting addition to the amount by law authorized by this acct;Arovided debt. LAWS OF DELAWARE. 47 OF THE LEVY COURT. that in case of the destruftion by fire of any of the public u'roeiso. buildings of said county or of any accident to any bridge of said county, destroying the same or rendering it insecure, the L-yv Court may, by a vote of two-thirds of its members, provide for such emercrency by temporary loan or loans until t-, . . after the next ensuing session of the General Assembly. SF.CTION S. In case of any violation of Se&ion 7 of this ;:ie?;:ii';"Ii ael the members of the Levy Court voting in favor of said....t. violation, shall be Fersonally liable for any debt or debts so incurred. SEcTIoN 9. That the faith of Sussex county is he'reby Film, or expressly pledged for the payment of the principal and e,,V,11,t4 interest of the bonds to be issued and sold by authority of this ael; and the said bonds shall be exempt from taxation by the State or county for any purpose, and it shall be so tox"i"". stated by the advertisements for the proposals by this a& authorized. io. It is hereby made the duty of the County D!u=ty f iio Treasurer, President of Levy Court and Clerk of the Peace r. till out of Sussex county in having having the said bonds prepared, '""'I''' to cause all blanks in the forms of said bonds and coupons hereinbefore prescribed, to be appropriately filled in conformity with the provisions of this a6t. SECTION I I. All the expenses incurred by the County Expenses Treasurer, President of Levy Court and Clerk- of the Peace hew iquid.. in Sussex county in advertising for proposals, in causing the said bonds to be prepared, and in serving notices on the bidders to whom awards have been made, or in returning checks to unsuccessfull bidders, shall be allowed to them, and paid by the County Treasurer out of any unappropriated funds in the treasury, he producing the necessary vouchers therefor as by law required with reference to other disbursements of the public funds. SEcTicus 12. For the services required to be performed by the County Treasurer, President of Levy Court and Clerk of introintuT.,., the Peace of Sussex county under this ael, the said several officers shall respeclivelv receive such compensation as may be deemed just by the Levy Court of Sussex county. SECTION 13. That the Levy Court of Sussex county, in Levy court fixing the rate of taxation, shall annually provide for a sum equal and sufficient to meet the interest due on the said sum",t,:il,'!Xt borrowed and also the principal of said loan as the same shall'Ll1,1,),'illei. become due and payable under the provisions of this a6t, terest when due. 48 LAWS OF DELAWARE.. OF THE LEVY COURT. which shall, when collealed and paid to the treasurer of said county, be set apart by him in a separate account to be opened sTohecottreoct,:t j a for that purpose and designated as the " Sinking fund account 'hen be 'et for the loan of 1887" and the said treasurer shall apply such n part by tito County amount of said sum semi-annually as will pay the interest Treasurer ns sinking due on said loan and such amount thereof from time to time fund. as will be necessary to pay off said bonds at maturity. Passed at Dover, April 7, /86'7. CHAPTER 14. OF THE LEVY COURT. AN ACT to Authorize the Levy Court of Kent County to Appoint a Con-stable in Milford Hundred. Be if enafied by the Senate and House of Representatives of the Slate ey. Delaware in General Assembly ma: Authority SECTION I. That the Levy Court of Kent county is hereby to appoint a authorized and empowered to appoint some suitable person co/Waldo for Milford constable of Milford hundred although he may not have been hundred, a resident therein for six months prior to said appointment; Proviso. provided, however, that this ael shall not continue in force for a longer period than one year from the date of its passage. Passed at Dover, ,-11brei LAWS OF DELAWARE. 49 OF THE LEVY COURT. CHAPTER 15. OF THE LEVY COURT. AN ACT to Authorize the Levy Court of New Castle County to Rebuild the Bridge over the Brandywine Creek In the City of Wilmington, 9.t Market Street. WHEREAS the Levy Court of New Castle county is about P.'eal""). to rebuild and reconstruel the bridge over the Brandywine Creek in the City of Wilmington at Market Street, and it may be considered expedient and necessary to widen the same, lle 11 enafied by the ,S'enale and House of Representalives of the Slate qf Delazeare in General Assembly mel: SEcTioN t. That the Levy Court of New Castle county shall have, and is hereby granted full power and authority to rebuild and reconstruel tho,bridge over the Brandywine Creek in the City of Wilmington at Market Street, and to widen the said bridge to such an extent as in their discretion may be deemed best for the necessities of public travel and convenience. SEcTiciN 2. That whenever it shall be necessary for the Levy Court aforesaid for the purpose of building the said bridge and of widening the same as above provided, to enter in and upon and occupy for the purpose of building and widening said bridge any lands, tenements or hereditaments, the owner or owners of which refuse to permit such entry ande_ oacupation then it shall be lawful for the Superior Court ofille N; per- New Castle county, if in term time, or any judge of said Court in vacation, on application of either party, and at the cost and charge of the said Levy Court, to appoint five;iMr2;,.,int disinterested men of said county, who shall go upon the said tOrCSI141 lands, tenements or hereditaments and assess the damages ofhtt"Ill-such owner or owners fairly and impartially. taking into neaviyeiot . consideration all the benefits to be derived from or in conse- Court. quence of said bridge to the said owner or owners, and the said commissioners shall certify their finding and awarcl to both parties, whereupon the said Levy Court on paving the damages so assessed shall become entitled to have, use and oPtil enjoy the said lands, tenements and hereditaments, for the P:.11-,=tt purpose by them required, forever. And in case the owner'''. or owners of any lands, tenements or hereditaments necessary OF THE LEVY COURT. In COSO of for the purpose of the Levy Court aforesaid shall be a minor, 11111M10 Ilt n mtidents. non-resident or for any cause incapable of receiving or ..evy1 7.%.1.1 1r. unwilling or negleaing to receive said damages the said Levy 6.1alt Court may deposit the amount of the said damages to the eeed. credit of the said owner or owners in the branch of the Farmers' Bank at Wilmington, subjea to his, her or their order, whereupon the said Levy Court shall be entitled to have, use and enjoy the said lands, tenements and heredita-ments and premises required for the purpose aforesaid for or on account of which damages shall have been so assessed. ExpeI,n ses , The expenses of the assessment of said damages shall always how Let. be paid by the said Levy Court. PaSSed al Dover, April 20, /SS7. CHAPTER 16. 01.1.1-1 E CLERK OFTHE PEACE. AN ACT to Amend Section 15, Chapter 9, of the Revised Code of the State of Delaware. Be it encircled by /lee Senate and I-/wise Represoirath the Stale qf Delaware in General Assembly me 1: seeti"n n, SECTION I. That Seaion 15, Chapter 9 of the Revised Chapter 9, et. the ae- Code, of the State of Delaware, be and the same is hereby i.tea ,teOdn.t o amended by striking out all of said se61ion after the word licenses in the third line thereof, and inserting in lieu thereof the following words, to wit: And he shall seleel as such justices, one from each of the towns in his county having the rnlawful largest number of inhabitants. It shall not be lawful for any ,...nan.uye ppetr - other person than such Clerk or Justice to dispense or distri- ,Ierk "rpm- oute said licenses. ka to die- Iitssed al Dover, .1Iarch 27, /SS7. 50 LAWS OF DELAWARE. LAWS OF DELAWARE. TITLE SECOND. Of the Public Arms and Defense. CHAPTER 17. OFTHE PUBLIC ABMS AND DEFENSE. AN ACT to Amend an act entitled, "An act to Incorporate the Trustees of the Milford Armory" Chapter 582, Volume 17, of the Laws of Delaware. Re Ii enae7ed /of the Senate and House Of Representatives ,ohe Vale of Delaware in General Assembly met, two-thirds (!/' each branch thereqf concurring- herein.. SEcTioN r. That Chapter 582, Volume 17, of the Laws cm,,t,,,.582, of Delaware, be and the same is hereby amended by striking ovi.":CTag; out the names of "C. A. Blair, Frank Reedy, S. N. Gray" .t.rndekuv.ar o in line 1, Se6lion 1, and inserting in lien thereof the names unonde of Seymour Smith and J. J. Fottlk and striking out the letter "S" from the word "Organizations" in lines 4, 9 and it, (Seelion 2) and striking out the words the organization known as the Governor's Cavalry" in line 5 and 6, Sealion 2, and also "their" in line ii, Seaion 2, and "each of" in line 7, Seaion 3, and change "Companies" to company, and to strike out "to which such trustees belonged" in line 14. SECTION 3. * It shall be the duty of the trustees, or a pity of majority of them, to issue a call to the members of the company in such manner as they or a majority of them may deem proper, at least five days prior to the date of the m eeting. Said meeting shall be held annually her .i,f t.117n7r eafter on' the second Monday in March, at any hour or hours as they or muting. a majority of them may determine, notice of which time shall be given at such time and in the same manner as the company shall lie notified. At such |
| Date Digital | 2010 |
| CONTENTdm file name | 3025.cpd |
Description
| Title | Laws of the State of Delaware - Volume 18 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | STA LAWS OF THE E OF DELAWARE, PASSED AT A " ession of the General Assembly, COWIENCED AND HELD AT DOVER ON TUESDAY, JANUARY 4TH, A. D. 1887, AND IN THE YEAR. OF THE INDEPENDENCE OF THE UNITED STATES THE ONE HUNDRED AND ELEVENTH. VOLUME XVIII- PART 1. 188.7: PRINTED AT THE OFFICE OF THE DELAWAREAN, DOVER, DELAWARE. |
| CONTENTdm file name | 6717.pdfpage |
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