Laws of the State of Delaware - Volume 16 - Page 1 |
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DOVER,
INISEPEN1ANCE'-'- THE. ,-. UNITED STATES,
THE- ONE- HUNDRED AND
OyElli, 7 DE L'ANV. klijW.
140.70. AT t ti- J. 1-, DtA- WAREAN OFFICE
Object Description
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| Title | Laws of the State of Delaware - Volume 16 |
| Date Original | 1879 |
| Description | Laws of the State of Delaware. Passed at a Session of the General Assembly, Commenced and Held at Dover, on Tuesday, the Seventh Day of January, A. D. 1879. Volume 16. |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Printed at the Delawarean Office |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | DOVER, INISEPEN1ANCE'-'- THE. ,-.UNITED STATES, THE- ONE- HUNDRED AND OyElli,7 DE L'ANV.klijW. 140.70. AT t ti-J.1-,DtA-WAREAN OFFICE :LAWS OF THE STATE OF DELAWARE. TITLE FIRST. k Of the Jurisdiction and Property of the State ; its Legis-lation and Laws. CHAPTER 1. OF THE PASSING AND PUBLICATION OF LAMS. AN ACT to extend the time for the Recording of Private Acts. VTHEnAs by Chapter 4, Section 8, of the Revised Statutes Preamble* of the State of Delaware, it i8 provided that private statutes .should be recorded in the Recorder's.Office in one of the coun-t- lessor this,State.within twelve months after their passage, or they :shall be void; AD WHERE,AS it number of private acts heretofore passed have, Ahrongh:negligeace or ignorance of said provisionsrbecome void, -therefore, in order to relieve the parties interested in said private acts from the dffects of such negligence and ignorance, - Be it enacted by the Senate and House of Representatives of the ,-,State of DelawareSin General Assembly met: SECTION 1. That all published acts heretofore passed which 'Mr form-liave not been repealed by. Special acts, and have become void ici°rri'vailifacts" ,by:reason of a 'failure to have the same recorded in compliance extended' iWith.the provisions of the third section of chapter four of the :Revised Statutes of this State, are hereby severally renewed and re-enacted, - and. together with the provisions therein contained are 'respectively declared to be in full force, and all acts and mat-ters done . and performed under the provisions of said acts re-spectively, shall have the same force and effect and be as valid to allAntents and purposes as if the said acts had been severally recOrded'accordingto law: Provided, That this act shall not take effect.jn the case of any act that has become void as aforesaid %177, LAWS; OF DELAWARE OF THE REVENUE OF THE STATE. 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 that no such copy of snail void .act. shall be received for record after the enArrqiotroton,e'year,from.- -, the passage of thiS act. SECTION 2. That this act shall be deemed and taken to be public act, and published as such.' Passed at Dover, March 10, 1879. TITLE SECOND. Of the Public. Revenue, and the Assessment, Collection. and Appropriation of Taxes. CHAPTER 2. OF THE REVENUES UE THE STATE. AN ACT to _exempt from taxation certain unproductive securities of other States. Be it enacted by the Senate and House of Representatives of the Slate of Delaware in General Assembly met: nCoenrt-apirno duc SF"CT ION" 1 That from and after the passage of this act it PI; 08xeCor; shall not be lawful for any assessor in any hundred or assess-tricorn tad" ment district in this State to assess any stocks, bonds, or other.. eon. securities of other States held by citizens of the State of Dela-, ware, which do not yield to the holder or, holders thereof any dividends or interest. Passed at Dover, March 21, 1879. =. -4A114-OP DELAWARE. OF THE REVENUE OF THE STATE. CHAPTER, .3. OF THE REVENUES OF THE STATE. _AN. ACT" to yelieve Peddlers of Fish and Oysters from the payment of a -. license. tax. -,. Be it enacted ,by the Senate and House of Representatives of the -either on foot or in :a cart or wagon, shall be required to pay a --State of :DelaWare in General Assembly met: license tax as such peddler; but any person carrying on the bus- exempts'exempts'SECTION 1. That no peddler of fish and -oysters exclusively, Dd,dalner °t gustrsiox-mess of peddler of fish and oysters exclusively, or shall be en- rgennitiolYfi_ gaged temporarily peddling fish and oysters exclusively, shall een" tar. be exempt from the payment of any license tax whatever for the privilege of carrying on said business within this State. Passed co Dover, Marc/L.25; 1879. CHAPTER 4. OF THE REVENUES OF THE STATE. AN ACT to exempt from taxation certain property in the city of New Castle. Be it enacted by the Senate and Souse of Representatives of the State of Delaware in General Assembly met: SECTION 1. That the real estate of any person or persons or Certain real body.corporate within the limits of the city of New Castle, not AA the -exceeding five acres, upon which any manufacturing or other ltiggtoyfor industrial improvements, for the employment of labor shall be New:it:It- -erected after the passage of this act, or any real estate'upon ILlePre. which any buildings are 'already erected, and which, after the empen,on; passage of this act, shall be used for any manufacturing .or in- taxation. dustrial pursuit as aforesaid, not before prosecuted of earned on there, shall be exempt for a period of ten years after the same shall be first assessable, from assessment or taxation for State, ,county or municipal p,urposes. Passed at Dover, March 25, 1879. 5 6 LAWS OF DELAWARE.. OF THE APPROPRIATION OF PUBLIC MONEYS. CHAPTER 5. OF THE APPROPRIATION OF PUBLIC) MONEYS. AN ACT to provide for the rebuilding and proper tnanitenance of certain public roads in St. George's and Red Lion Hundreds, in the County or New Castle. Preamble. *WHEREAS there are certain public roads in the hundreds of St. George's and Red Lion crossing the lowlands contiguous to the River Delaware, which have been protected by the dykes. and embankments along the said River Delaware, kept up and maintained by the "St. George's Marsh Company" for more than one hundred years past; AND WHEREAS the said lowlands crossed by said public roads. are about two feet lower than the water level in the river Dela-ware, and but for the protection against flooding afforded by the dykes and embankments aforesaid, it would have been impossi-ble to have constructed or kept up the said public roads without, an enormous expenditure of moneys in their original construc-tion, and an exorbitant appropriation annually for their main-tenance; AND WIIEREAS during the unprecedented storm in October, 1878, the dykes and embankments of the said the "St. George's- Marsh Company" were broken, carried away and destroyed, and by reason thereof all the lowlands contiguous to the said river and traversed by the public roads aforesaid have been inundated. and submerged, and the said public roads are rendered useless; AND WHEREAS by reason of such inundation the owners and possessors of lands within the limits of the "St. George's Marsh Company" who are taxables in said company, have sustained such serious losses as to be now unable to raise moneys necessary to rebuild the said embankments and. dykes, but have pledged the. company to raise one-half of the sum necessary to rebuild the said embankments and dykes, provided the Levy Court of New Castle County will make an appropriation sufficient to defray the other half of the cost of rebuilding the same ; AND WHEREAS the rebuilding of said embankments and dykes is necessary to the proper construction and maintenance of the public roads aforesaid, and it is demanded in the interest of true economy that they should be so rebuilt for the public convenience, and the said Levy Court of New Castle County being willing to make such appropriation, but being in doubt. about the lawful authority so to do; therefore, -LAWS OF DELAWARE. 7 ' OF THE APPROPRELTION 'OF PUBLIC MONEYS. , Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follou;s: SEonoN 1. That "the Levy Court of New Castle County "iIe be and it is hereby authorized, empowered and directed to make gfirsin an appropriation or appropriations of the public moneys towards muting rebuilding the embankments and dykes. mentioned in the pre- edlyntoast rd _,ambiq_of .thi$,.v.ct: Provided, That such appropriation or appro. 'lints' priations shall not iii the aggregateexceed one-half of the whole cost of rebuilding same, nor in any event exceed the sum of seven thousand dollars in the aggregate. SECTION 2. The moneys directed to be appropriated shall be Appropria-paid to the treasurer of the "St. George's Marsh Company" titsilom from time to time, as the work of rebuilding said embankments paid, and dykes progresses; and such payments shall only be made to When paid. him; from time to time, on account of such work of rebuilding actually then rendered and, performed; and it shall be the duty of such treasurer to file an affidavit with the said Levy Court, preceding each of such payments, setting forth that work has then actually been performed in such rebuilding at a cost double the amount of such payment, and that the said "The St. George's Marsh,Company " has paid the other half part of such cost; and Costs. it shall be the duty of the said Levy Court, from time to time, By whom upon the filing of ssnch affidavits of said treasurer, to make par- paid' tial payments or appropriations out of the Whole sum directed to be appropriated by Section 1 of this act, which said partial payments shall be equivalent to one-half of the cost of such re-building actually then incurred as stated in sa.id affidavit, and for which no partial appropriation shall have been theretofore made. SEOTIoN 3. This act shall be deemed and taken to be a pub-lic act. Passed at Dover, February 6th 1879. -8 .L.Akwst OF- DEDAWARE-Pieamble ' APPROPRIATION.-EUBLIO.MONEYS._,i:. 'CHAPTER 6. OF THE APPROPRIATION OF TAXES. AN ACT to provide for the rebuilding and proper inainionatice of certain public roads in New Castle'Hundred,Now Castle County. WHEREAS there are certain public roads in the hundred of_ New Castle, crossing the lowlands contiguous to the river -Dela-ware, which have been protected by the dykes and, embank-ments along said river Delaware, kept by and maintained by the Mill Creek Marsh Company and Thomas T. Tasker, Sr., for many years past ; AND WHEREAS the said lowlands crossed by said public roads are much lower than the water level in the river Delaware, and but for the protection against ilociding afforded by the dykes and embankments aforesaid, it would have been impossible to have constructed or kept up the said public roads without an enormous expenditure of money in their original construction, and alarge appropriation annually for their maintenance ;. AND 'WHEREAS during the unpreeedented storm in October, . , 1878; the dykes and embankments of thesaid ;NUB. Creek Marsh Company and Thomas 'T. Tasker, Sr., were broken, earried:aWay and destroydd; and by reason there'd all the lowlands Contiguous to the said river and traverSed by the public roads aforesaid, hive been inundated and submerged, and the said public roads are rendered useless ; AND WHEREAS by reason of such inundation, the , owners and possessers of lands within the limits of the Mill Creek Marsh Company, who are taxables in said company, and Thomas T. Tasker, Sr., have sustained such serious losses as to be now unable to raise the moneys necdssary. to rebuild the said embank-ments and dykes, but will pledge the company and Thomas T. Tasker, Sr., to raise one-half of the sum necessary to rebuild the said embankments and dykes, provided the Levy Court of New Castle County, will make an appropriation sufficient to defray the other half of the cost of rebuilding the same; AND WHEREAS the rebuilding of said embankments and dykes is necessary to the proper construction and maintenance of the public roads aforesaid, and it is demanded in the interest of true economy, that they should be so rebuilt for the public conveni.: ence, and the said Levy Court of New Castle County, being willing to make such appropriation, but being in doubt about the lawful authority so to do ; therefore, \ILAWS OF DELAWARE. 9 .OF THE APPROPRIATION OF PUBLIU MONEYS. Be it enacted by the .Senate, and House of Representatives of the .State of Delaware in General Assembly met, as follows: SECTION 1. That "the Levy Court of New Castle County 77 Appropria-ibe'and. it is hereby- authorized;'empowered and directed to make Ingir an appropriation or appropriations of the public Moneys towards ,,3erstanniud -douiltlingztlio embankments and dykes mentioned in the pre- embank. amble Of this act : Povcled, That such appropriation or appro. priations shall not, in the aggregate, exceed one-half of the whole cost of rebuilding the same, nor in any event exceed the sum of three thousand dollars. SECTION 2. The moneys 'directed to be appropriated shall be nApnpirowrtino.t. paid,as 'follows: not to exceed the sum of fifteen hundred dollars tions. to the Treasurer of the Mill .Creek Marsh Company, from time To Whom to time, as the work of rebuilding the, part of the embankments PI"' and dykes beforementioned, which may belong to said Mill Creek Marsh Company,,and not to exceed the sum of fifteen hundred dollars, anclif-to Thomas T. Tasker, Sr., from time to time on the work of rebuilding the part of the embankments and dykes be-forementioned, whiCh may belong to said. Thomas T. Tasker, Sr.; and such payments shall only be made to them from time toHow paid. Payments. time on account of such work of rebuilding actually then ran. dered and performed, and it shall be the duty. of such Treasurer of the gill Creek Marsh- Company and, Thomas T. Tasker, Sr., to file an affidavit with the, said.Levy Court preceding each of such payments, setting forth that work has then actually been performed in such rebuilding at cost double the amount of such payment, and that the ,said Mill Creek Marsh Company or 'Thomas T...Tasker, Sr., as the: case may be, has paid the other half part of such cost ; and it shall-be the duty of the said Levy Court, from time to time, upon the filing of such affidavits of Affidavits. said Treasurer or Thomas T. Tasker, Sr., as the 'case may be, to make partial payments or appropriations out of the whole snin rritr, directed to be appropriated by Section 1 of this act, which said therein. partial payment shall be equivalent to one-half of the costoyfiPnaratia eln ts such rebuilding actually then incurred, as stated in said affidavit, and for which no partial appropriation shall have been therefor made. SECTION 8. This act shall be deemed and taken to be a pub-ic act. Passed at Dover, March' 24, 1879. So in the enrolled bill. j : ' 'T.'"J. !;; ' 10 LAWS OF DELA.WARE-OF THE APPROPRIATION OF PUBLIC MONEYS. CHAPTER 7. OF THE APPROPRIATION OF TAXES. AN ACT in relation to Roads and Causeways in Blackbird Hundred, in New Castle County, and for other purposes. WHEREAS on or about the twenty-third day of Octoberi-A-.D. 1878, in consequence of an unprecedented storm, the banks of the Cedar Creek Marsh Company, in Blackbird Hundred, along the shore of the Delaware Bay, was broken and otherwise dam-aged: AND WHEREAS the waters of the said Delaware Bay now flow through the breaches in said banks and for miles inland from said shore, and submerges one of the public roads of New Castle County to such an extent as to render the same impassable; AND WHEREAS there are certain causeways in connection with the said road, which causeways are now required to be maintained and kept up by the Levy Court of the county aforesaid ; AND WHEREAS to raise the said causeways and road contig-uous thereto above the level of the water of said bay, by which the said roads and causeways are now submerged and rendered impassable, would incur an expense of many thousand dollars to New Castle County ; AND WHEREAS the charter of the said Cedar Creek Marsh Company has expired, and the lands and marshes thereof.having been abandoned for agricultural purposes, and the owners of said lands and marshes not having sufficient pecuniary interest in the - same to justify them in..repairing.said banks ;. AND WHEREAS the roads .and causeway's so submerged and rendered impassable are vastly important to a large section of highly improved and valuable agricultural country, and in con-sequence of which it will be absolutely essential to the interest of the said county to rebuild and make the said causeways in. good and passable condition ; therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: ihantnittee SECTION 1. That the Levy Court of New Castle County be appointed to exatnIne and is hereby required within (80) thirty days from the passage- the road, onus ways of this act, to appoint a committee of three members of said and banks tnen tinned Levy Court, living nearest to the said Cedar Creek Marsh, one 1,7Pcfneame;. of whom shall be ci'he member from Blackbird Hundred, and the timate the said committee shall immediately go upon and view the said road costs of re. pairing and causeways so submerged, and the banks of the said Cedar. "me' Creek Marsh Company, and to make a careful estimate of the cost or expense of repairing and rebuilding the said road and Preamble. LAWS OF DELAWARE. OF THE APPROPRIATION- OF PUBLIC MONEYS. causeways, and also to make a like.. estimate of the cost or ex-pense of repairing the breaks and breaches in the banks of the said Cedar Creek Marsh, and to make a written report of the ellot:g1)efe result of their examination to the Levy Court of the countyto0t1rlet oLfeu aforesaid atits present or next session. Now Castle. 's1cbunty. , SEmio2. If it141 appear, from the report of the corn- ,i-rege,1,-1'6unret. mittee appointekii afoiesaid, that the cost of repairing, rebuild- tie county lug and raising said road and causeways to a sufficient height toutigiged above the level of the water by which they are now submerged `t`,10)1,71?,11°' and overflown to render the same passable and of permanent outothrieepair utility, will be greater and more expensive than to repair the banks of the banks of the said Cedar Creek Marsh, by which the said road o'reei: and causeways have heretofore been protected, and by which the arc,aZany, same would be protected in the future, then the said Levy Court ioff doingg of said county of New Castle may and are hereby empowered to theisatne appropriate such a sum of money as may be sufficient to repair, will ex rebuild and place the said banks in good and proper condition :asunmd oonfe o- ne Provided, That such cost or expense shall not exceed one and half thou' one-half thousand dollars, to be expended as follows, viz: sand. SECTION 8. The committee, as provided and required to be iFdoird d vodl nr tg. appointed by Section 1. of this act, shall advertise in two news- said eotn: papers of the State.of Delaware, one of which shall be the Mid- snettifteuivor-dletown Transcript, for two weeks, for sealed proposals to repair ties for Pr proposals received by said committee shall be opened by them, :`:, ot-vort- 1..ga: - and rebuild the said banks of the said Cedar Creek Marsh. Mode f and they shall, within thirty days after having been appointed, award the contract for repairing and rebuilding as aforesaid to the.lowest,andbest bidder or bidders : Provided, Said bidder or Successful bidders shall enter into a bond with good and sufficient sureties igdteriiTo to the satisfaction of the said committee for the faithful perform. li?,°,1giff,Y ance of the work, and in the event of any such bidder failing to rtfirnfic)r,;1 give bond as aforesaid, the said committee shall aNtard such con- work. tract to the next lowest bidder who shall give bond as required by this act. SECTION 4. Whenever the work of repairing and rebuilding goATictr. said banks shall be commenced, the said committee may as theotrririicetrosrs by work progresses, pay to the contractors, by orders drawn on the drawn on treasurer of New Castle County, such sum or sums of money as tulgrtg.1,rew in their judgment may be deemed commensurate with the amount Castle county , of work accomplished, and all such orders, signed by the corn- the work mittee appointed as aforesaid, shall be a good and sufficient Pr"r"8". voucher for the said county treasurer for all sums of money by him paid thereon. Passed at Dover, March. 26, 1879. 12 LAWS' OF DELAWARE. OF THE LEVY COURT. CHAPTER 8. OF THE LEVY COURT. Volume 14. AN ACT to legalize the proceedings of Relit County Levy Court and other 40e. purposes. Preamble. and Andrew J. Wilson, commissioners to lay out a public road Legislature did appoint Samuel Hargacline, Thomas H. Denney PREA31131,E. Whereas by Chapter 461; LaWS'of Delaware, -the in Little Creek Hundred, Kent County, and said commissioners did assess the damages higher than the Levy Conn thought they om.dit to pay; AND AVHE'REAs the Levy Court did grant the said commis-sioners the privilege of taking their return and plot from the court and return it again with reassessed damages that the court did accept and pay to the respective parties ; AND W IIEREAS certain parties did, before the Levy Court appointed an overseer or made any appropriation for said -road, lay out and make at their own expense, a road as they thought, on the original survey, but which is a few feet from it, and land has been sold to correspond with said road ; therefore, SECTION 1. Be it enacted by the Senate and House of Repres- 4Jomulis. entatives of the State of Delaware in General Assembly met, That elonerd the act of the Levy Court aforesaid, in allowing the commis-named In preambie sioners named in the preamble the privilege of reassessing the isnaaltk-Ae maniteew "d amages and making a new return,. is hereby made valid and return, lawful, as if it had been done in the first return. tChoeu rrsoea do f SECTION 2. And be it farther enacted, That so much of the changed. road as lays between the angle of the road north of the branch on the land of the heirs of Mary S. Reed, -running south along the land of J. Layton Register, thence through the land of John W. Fennimore, thence through the land of Henry David's heirs, thence through /and of John W. Fox & Bro., on the Taylor sur-vey to Muddy Beach, as it is now made and partly opened, shall be the road instead of the one originally surveyed, and be as other roads in Kent County. Ienneto lnawsiss t. SECTION 8. And be it further enacted, That all laws and parts repealed, of laws inconsistent with this act, be and the same is hereby re-pealed. Passed at Dover, March 20th, 1879. LAWS; 0 If DE AWARE. OF THE LEVY COURT. CHAPTER 9: OF THE LEVY COURT.. AN ACT in relation to the tevy. Court, Overs'eViS of Roads and County Treasurer of Sussex County. Bait Oka:led by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows, to wit : SECTION 1. In payment for work 'on, or materials furnished for the public roads in Sussex County, each overseer of roads shall draw an order on the County Treasurer of said county, fiarrAT payable to the person performing such labor or furnishing such By whom. materials, for the amount due such persons for work or ma-terials, which order shall be countersigned by the Levy Court Commissioners-for the hundred in which said \Vork may be done or materials provided, and which said order, drawn and counter-signed as aforesaid, shall be a sufficient voucher for the County Treasurer of said county. - SECTION 2. The Levy Court Commissioners of each hundred poslian in said county shall keep a true and correct account of all orders c'oetLITtnoq". issued in the hundred for which he is Levy Court Commissioner, urder' under the provisionS.of this act, with the date, number to whom issued, and amount. - SECTION 3. The County Treasurer of said county, upon the Mrdal payment by him of said orders, shall keep the orders of the d reds kept different hundreds so paid by him separate from each. other, and separate. at each settlement of the said County Treasurer with the Levy grgi eprnsre d Court of said county, the said orders shall be compared with the VotIgn'ild books and accounts of the said Levy Court Commissioners, keptLevy Court accounts. ot in accordance with Section 2 of this act. . SECTION 4. No Levy Court Commissioner of said county :17%w shall have the power to consolidate any of said orders into one, tilowed or a less number than as originally issued, and if it shall appear kiti:tcoV to the Levy- Court of said county, that any of said orders have been so as aforesaid consolidated, it shall be their duty to reject' or ors to such consolidated orders, and the same shall be forfeited, be rejected. SECTION 5. No Levy Court Commissioner or overseer of roads in said county shall have the right or power for pay to furnish materials for or perform labor on-said, roads in the hun- Labor an,t. dred for which he is commissioner, or for any road of which he Mater"' is overseer ; and if it shall appear to the Levy Court of said comity, that any of said orders are for work done or materials now per-furnished by any Levy Court Commissioner or overseer of roads, IVII:iestr in violation of this section, it shall be their duty to reject- such What bins order or orders given for the work done or materials furnished rejected. 13 14 LAWS OF 'DELAWARE, OF THE LEVY COURT. by any Levy Court Commissioner or overseer of roads, and the same shall be forfeited. . SECTION 6. 'Any Levy Celia -Commissioner or ov.erseer of Violation of the law a roads, in Sussex County, violating the provisions of this act; mime- shall be deemed guilty of ,a misdemeanor, and shall 'forfeit all meaner. ., compensation for his services. gigMts SECTION 7. All acts or .parts of acts, inconsistent with the repealed. provisions of this act, are hereby repealed, made null and void., Passed at Dover, Harch 7, 1879. CHAPTER 10. OF THE LEVY COURT; AN ACT to regulate the expenditure of the county funds by the Levy Court of New Castle County. Be it enacted by the Senate and Rouse of Representatives of the Members el State of Delaware in General Assembly met, as follows: WatO Levy court SECTION 1, That it shall not be lawful for any member of the receive Levy Court of New Castle County to receive any money from money. the County Treasurer of said county other than for the services due him for his attendance upon said court, and that hereafter tAi opnpsr ompardiae.. no appropriation shall be made by said court in favor of any such member to be expended by him on behalf of the said county. SECTION 2. That in all cases after this act goes into effect, whenever it shall be necessary to expend money for work and How par- service on behalf of the county, the party or parties performing ties shall be paid, work or furnishing materials therefor, or both, shall be paid by Orders an order or orders on the County Treasurer drawn by the mom- 4 raw°. How. ber or committee of the said court having the supervision of the said work ; and the said member or committee shall, at the next Report. meeting of the said court, make report of said order or orders so drawn by him or them as aforesaid. . Sessions or SECTION 3. The Levy Court of said county of, New Castle t he Lowy Court, shall sit on the first Tuesday in the months of February, March, and on thesecond Tuesday in October. Upon the written request of any five commissioners of the Levy Court of New Castle County, when said court is not in session, it shall be the duty of :CAWS OF DELAWARE. 1.5 OF TEE LEVY COURT. .7.the chairman of said court immediately to give notice in writing to the commissioners of said court of a speoial meeting thereo-f Spellsn1 eem .1 g -to be held at their usual Plage-Of meeting on.some day to be. named insai'd.,nOticei- net more thaurten days ,thereafter. That at such,posin.oss to :special meeting i -at-any adjourned meeting, said: court may acc'tterdaanf-transact, any business-which might-lawfully be done at any stated meeting of said court, unless otherwise provided by law. SECTION 4. An itemized .stateriient* of the orders drawn by Itemized sotialtaeLter.n Es each Levy Court Commissioner for service Performed or material -delivered in their respective hundreds,- stating what Tor. When all the commissioners' statements . are made out they shall bepluebrIelocron compiled and published, in pamphlet form. Along with which shall be published a statement of all orders drawn, appropria-tions or allowances made by authority of the said LevCoyurYt, eNatIL gum t s stating for what such orders, appropriations or allowances were pjrutsiti. set made. The Levy Court shall have printed in pamphlet form two thousand copies, which shall be equally divided between the copies to members of the court, who shall keep the same for delivery bo printed. upon application to them by any voter of their respective hun-dreds. All orders drawn by any Levy Court Commissioner for work done or materials, furnished shall be, received by any tax collector of New Castle County 'as money in payment of taxes due the county. SECTION 6. The provisions of this act shall be applicableto N. O. Applicable only to the county of New Castle. county. SECTION O. This act shall take effect from and after the first When to day of May, 1879, and all laws or parts of, laws inconsistenttake effect. herewith are hereby repealed. Passed at-Dover, March - 27, 1879. *So In the enrolled bill. LAWS ' OF DELAWARE:: ORELECTIOW CHAPTER 11. OF THE LEVY COURT. P AN ACT to relieve the Levy Court of Kent County., in regard to the keeping-in repair a certain road in Duck Creek Hundred, Kent County,' and State of Delaware. Be it enacted by the Senate and House of Representatives of the.' State of Delaware in General Assembly met: Levy Court authorized SECTION 1. That it shall not be lawful for the Levy Court, of' to expend Kent County, to expend any money for work and labor 'upon, or money. for continuing or keeping in repair, a road in Duck Creek Hun-dred, Kent aunty, and State of Delaware, beginning at a joint. in a road known as the Carrollton road, and extending to the up-land on Bombay Hook Island ; said road being commonly known as the Enoch Spruance road. SECTION 2. That whenever the Duck Creek Improvement. Company shall put in repair and good condition their banks Approi,,,,. and sluices, it shall be the duty of the said Levy Court to make dont. of the Levymt oppropriations, and to expend money for the purposes of re-pairing and keeping in good order for public travel the said road, rola- Passed at Dover, March. 27, 1879. TITLE FOURTH. Of Elections. CHAPTER 12. OF THE GENERAL ELECTIONS. AN ACT to amend Chapter -18, Section 1, of the Revised Statutes, in tion to the voting place In Broad Creek Hundred. Be it enacted by the Senate and House of Representatives qf the State of Delaware in General Assembly met : Chapter 18, SECTION 1. That Chapter 18, Section 1, of the Revised Sta-amended. tutes of the State of Delaware, be and the same is hereby amended, by striking out the words at the stone house now Aws oi."DitatAitE. OF PULIC OFFICERS. occnpled by James Boyce" in 33rd and 34th lines of said Sec-tion 1; as published in, the,ReViied. Code, 1852; as amended, &c., 1874, and inserting In lien thereof, the:words-at District School Honk No..45. , , ., Passed at-Dover, .Febr'Utiry 5;1879. CHAPTER 13. OF GENERAL ELEOTIONS. AN ACT to change the place of holding. elections in Gumborongh Hun- Volume 15. dredt-Sussex County. 39. SECTION 1. Be it enethted by-the Senate and House of Repre-sentatives' of the S,tate of Delaware, in General Assembly met : That socum,/, Chapter 19, Volume 15, of the Laws Of Delaware, be and the Yrtfilleer 195, same is hereby amended by, striking out all after the word "the "amended; in the fifth line.'OtSeetiora oidOhaptei 19, and inserting innurnor liëi thereof:the-WordS "'office nOW owned by Jane E. Hearn, the eleetirg In said officribeirignOW'OCCripied`by E. H. Tyre. GHuumndbroerdo ' 'Passed at Dozier; March. 27,1879. changed. TITLE FIFTH. Of Certain Public Officers. CHAPTER 14. OF 'SIIEHIFFS. AN ACT to extend the time for newly elected Sheriffs to enter into official Reviled recognizance. Uode, 1874. 144. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : SECTION 1. That Chapter 24 of the Revised Code of the State PA,rini of Delaware, as reprinted and republished in 1874 be amended amended. 2 17 18 LAWS OF DELAWARE OF PUBLIC OFFICERS. in the tenth section thereof by striking out the first four lines of said section ten, and by inserting in lieu thereof the following, Time for Viz "If' there will not be a regular term'of the Superior Court sheriff on-tern/ Onto in any county within sixty days after the election or appoint-official re-cognizance ment of a Sheriff for such county, such Sheriff shall with suffi-extended. dent sureties, within sixty days after his election or." Passed at Dover, March 29, 1879. CHAPTER 15. OF CONSTABLES. Revised AN ACT to amend Section 5, of Chapter 34, of the Revised Code of 1852, (lode, 1874. as amended and published in 1874. 172. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met: That 4Jhapter 3"4,S ection 5, of Chapter 34, of the Revised Code of 1852, as ovfi stehde C Roed- e, amended and published in 1874, be and the same is hereby amended. amended by inserting in the fourth line of said section, after the word "New Castle" arid before the word "Christiana" the word "Brandywine." SECTION 2. And be it further enacted as aforesaid, That the Section i provisions of said Section 5, of Chapter 34, of the Revised Code applicable , to constable 01 1852, as amended and published in 1874, aud as further c,113ieir ar- amended by Section 1 of this act, be and the same are hereby extended, and shall apply to the additional constable authorized and required to be appointed for Brandywine Hundred, in the county of New Castle, by virtue of the act entitled ."An act to allow an additional constable to the county of New Castle" passed at Dover, February 3rd, 1863. Passed at Dover, March 5, 1879. :LAWS OF DELAWARE. OF PUBLIC OFFICERS. - CHAPTER 10. OF JUSTICES OF THE PEACE AND NOTARIES7PURLIC. AN ACT to enable the Governor to .appoint an additional Justice of the . . Peace and Notaty-Publio for'New Castle County. , 1 Be it enacted by the Senate and House of _Representatives of the .State of Delaware in General Assembly. met, (two-thirds of each -branch thereof concurring therein:) SECTION 1. That the Governor be and he is hereby to appoint an additional Justice of the Peace and aNutohotra.izreyd niggeaV Public for New Castle County., who shall reside within one mile the Peace. of Glasgow, and in Pencader Hundred. SECTION 2. That this act shall repeal all laws or parts of laws, so far as they may be inconsistent herewith, and be deemed .a public act. Passed at Dover, February 5, 1879. CHAPTER 17. OF NOTARIES pUBLIC.AND COMMISSIONERS OF DEEDS. AN ACT to amend the act entitled "An act relating to the seals of Notaries Volume 14. Public and Commissioners of Deeds" passed at Dover, March 13, 1873. 354. Be it enacted by the Senate and House of Representatives of the .State of Delaware. in General Assembly met, That the act entitled "An act relating to the seals of Notaries Public and Commis- vo-l-l*e :1'4 , .sioners of Deeds" passed at Dover; March 18, 1873, be and the amended. same is hereby amended as follows : Strike out Section 1 of said not and substitute the following in lieu thereof, viz : SECTION 1. That Notaries Public and Commissioners of Deeds Noria, .shall use in the transaction of official business seals which shall Low whet. have engraved thereon the name of the officer, either in full or using; the initials of his christian name ; his official title,, the date of his appointment, and anything additional which he may see fit to have engraved thereon. But if the official seal of any such What shall officer shall not be engraved in conformity with the provisions rteligaell" of this section, it shall not invalidate his official act, but such ntirryt. 20 LAWS OF DELAWARE. OF PUBLIC *OFFICERS. act shall be as valid as though the Seal had been engraved in conformity with the requirements of this act, but such officer so failing to comply with the requirements of this act may be re-moved by the Governor for his neglect. Passed at .Dover, February 11, 1879. CHAPTER 18. OF NOTARIES PUBLIO. AN ACT entitled "An act for the relief of The Wilmington Savings Fund Society." Preamble. WHEREAS until recently the Treasurer of the Wilmington Savings Fund Society held the office of Notary Public, and was located in the place of business of the said society at Wilming-ton, Delaware, for twenty-five years consecutively; AND WHEREAS the investments of the said society, amount-ing to over $600,000, consist principally of first mortgages; AND WHEREAS much inconvenience and embarrassment and vexatious delays occur to the public, transacting business at said Savings Fund, through the lack of a resident Notary Public ; now, therefore, Be it enacted by the Senate and House of Representatives in General Assembly met, (two-thirds of each Souse concurring :) That Notary! Public to the Governor be, and he is hereby authorized to appoint a No-bode afoprpwolnIt tary Public in and for New Castle County, for the Wilmington SmaIynigntogn Savings Fund Society, to have his place of business in the office Fund, he, of the said society ; and that the privileges and duties of the Notary Public now appointed for the 'Wilmington Savings Fund Society shall not be confined exclusively to the business of the society. Passed at Dover, February 18, 1879. LAWS: DELAWARE. 21, OF PUBLIC OFFICERS. lp. OF PROTHONOTARIES. , AN ACT authorizing and requiring the Prothonotary of New Castle County to keep an indirect index of proceedings by foreign and domestic attach-ment. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: SECTION '1. That from and after the first day of May, in the rrra htri year of our Lord one thousand eight hundred and seventy-nine, g:PilltIn- -it shall be the duty of the Prothdnotary of the Superior Court of docket for -the State of Delaware in and for New Castle County, to keep =gnat-ad indirect index in.a docket to be precured by him for that pur-rutpl'orram pose, of all writs of' foreigh and domestic attachment which shall Court. be issued from said court, and to, index the same at the time they shall be so issued,' 'Whieh said: index shall Show the names of the defendants .in such writs of attachment, in alphabetical order of -the surnames in connection with the names of the plaintiff's therein; and the day of 'issuing the same; and shall also specify the appearance dockets and pages thereof in and on which such proceedings by attachment shall be-docketed. Passed at Dover, March 26; 1879. CHAPTER 20. OF COLLE43 OR OF THE OYSTER REVENUE. AN ACT authoriitng and directing the Collector of the Oyster Tax to Plant snub posts on each side of Mahons*River. the State of Delaware in General Assembly met: Be it enacted by the Senate and House of Representatives of SECTION 1. That the collector of the oyster tax be, and he is -hereby arithorized'and"directedie Plant'White'oak snub posts on snub poste. each side `Of lifithons river, for the use of the oyster boats when laying. at anchor in said river. , SECTION 2.' And be it further enacted by the authority afore- ato-said, That the said Collecter shall not expend, in purchasing and same shall planting in position the said Posts, inerellian three hundred and ligOoneel fty dollars, ($350). the State, Board ot HexIth. Term ot office. LAWS OF DELAWARE.. OF PUBLIC OFFICERS. SECTION 3. And be it further enacted by the authority afore-said, That the collector shall take receipts for all moneys ex-pended in planting said posts, and they shall be his vouchers for the same. Passed at Dover, March 12, 1879. CHAPTER 21. OF MEMBERS OF BOARD OF HEALTH. AN ACT to establish a State Board of Health for the State of Delaware. Be it enacted by the Senate and House of Representatives in, General Assembly met : Governor SECTION 1. That within thirty days after the passage of this- to appoint ., seven pity- act, the Governor shall appoint seven (7) physicians of skill and sicians, members ol experience, members of the Medical Society of Delaware, three of whom shall be residents of New Castle County and two each of Kent and Sussex Counties, who shall constitute a board of health to be called The Board of Health of the State of Delaware. The physicians thus appointed shall be so designated by the Gov-ernor, that the term of office of one from each county shall expire, every two years. Vacancies, however caused, shall be filled by appointment by the Governor. Place at SECTION 2. Be it further enacted, That within thirty days after Inooting fin' organize- their appointment the members of the Board of Health shall Bon. meet in Dover, Wilmington, or Georgetown for organization, President and Seem and shall elect a president who must, and a secretary who may,. tary chosen 1.. President ue one of said Board, and the successive presidents of the Board chosen an. shall be annually elected by said Board from the members- nuttily. Secretary thereof. The secretary shall continue in office as such until re to continue moved by the election of a successor or by vote of a majority or in office until elec. the Board. He shall be executive officer. of said Board. and tton of a successor. shall receive an annual salary not to exceed $100 dollars. The- Duties and members of the Board of Health shall not receive a salary, but salary. Members of the actual expenses of any member when engaged in the duties-to receive the Board oi, -, the Board shall be allowed and paid. The Board of Health no salary, shall meet at least once in every six months, and oftener if neces- Meeting of Board. sary, and four members shall constitute a quorum for the trans- 22 Collector to take re-ceipts. LAWS OF DELAWARE: OF PUBLIC OFFICERS.. action of business. The Board shall have power to adopt rules and BY-laws. by-laws for their government, subject to the provisions of this act. SECTION 8. Be it further enacted, That said Board shall take Duties of cognizance of the interests of health and lifts among the people the Board. of this State ; shall encourage the establishment of local boards tiOcaarus of of health ; they shall make inquiries in respect to the causes of Health. disease, especially of epidemics; and investigate the sources of mortality, and the effects of localities, employments, and other conditions upon public health ; they shall obtain, collect, and preserve such information relating to health, diseases and deaths as may be useful in the discharge of their duties, and shall con-tribute to the promotion of health. and the security of life in the State of Delaware. And it shall be the duty of all health offi-cers and boards of health.,in the State to communicate to said State Board of Health copies of their reports and publications, and also all useful sanitary information. And said State Board shall keep a record of their proceedings and acts as a Board, and they shall promptly cause all proper information in their posses-sion to be sent to the local health authorities of any village, town or city in the State which may request the same, and shall add thereto Such suggestions as the experience of the Board may sup- Eocutalr or ply. And said State Board of Health are authorized to require Boards. reports and. information from all public dispensaries, asylums, prisons and schools, and from the managers, principals and offi-cers thereof, and from all other public institutions, their officers and managers, and from the proprietors, managers, lessees, and occupants of all places of public resort in the State; but such reports and iiaformation shall only be required concerning mat-ters and particulars in respect of which they may need informa-tion for the proper discharge of their duties. Said Board shall, when requested by public authorities, or when they deem it best; advise officers of the State, county, or local governments in re-aard to drainage, and the location, drainage ventilation, and sanitary provisions of any public institution, building, or public place. SECTION 4. Be it further enacted, That said Board shall be an advisary board to the authorities of the State, in all matters pertaining to public hygiene ; they shall have authority to make special .inspection of-hospitals, prisons, asylums, alms-houses and other public institutions, and to investigate by the Secretary or committees of the Board, the cause of any special disease or mortality in any part of the State, and shall, at each regular ses-sion of the Legislature, submit to it a report of their acts, inves-tigations and discoveries with such suggestions as may be deemed proper. 24 LAWS OF DELAWARE. OF PUBLIC OFFICERS. SECTION 5. Be it further enacted, That it shall be the duty of said Board to have the general supervision of the State system of Registration of marriages, births and deaths; said Board shall recommend such forms and amendments of laws as shall be ne-cessary for the thorough organization and efficiency of registra-tion of vital statistics throughout the State. liencteet94 SECTION 6. Be it further enacted, That the Secretary of said Board shall be also the superintendent of registration of vital statistics as supervised by said Board, and shall execute the orders of the Board, and superintend the work prescribed by this act; he shall obtain from the Recorders of the several counties and properly arrange the recorded information respect-ing vital statistics. He shall prepare blank forms of returns, and such instructions as may be necessary, and shall supply the same to the officers of local Boards of Health. to physicians and such officials as may be necessary, in order to obtain the infor-mation requisite for annual reports, and he shall, under the direction of the Board, publish and distrtbute such information as would be valuable to the citizens of the State, on the subject of sanitation. Payment of SEcTioN 7. Be it further enacted, That the salary of the Sec. re retary shall be paid semi-annually, which and all other necessary expenses of the State Board of Health, incurred in accordance with the provisions of this act, shall be paid by the Treasurer of the State, out of monies not otherwise appropriated, upon the order of the president of the Board, countersigned by the Sec-retary, and approved by the Governor : Provided, that such other expenses shall not .exceed $100. Passed at Dover, March 13, 1879. CHAPTER 22. OF INSURANCE COMMISSIONER. AN ACT in relation to Insurance Companies. Be it enacted by the Senate and House of Representatives:of the State of Delaware, in General Assembly met: Durratnco Spcnoisr 1. That there is hereby established in this State a meat °stab. distinct department to be known as the Insurance Department, the chief officer of which shall be denominated the "Insurance .-LAWS OF DELAWARE. 25 OF PUBLIC OFFICERS. 'Commissioner" of Delaware. The Governor shall, within thirty goal; no ion'. days from the passage of this act, and afterwards, when any va- con?mis-cancy occurs in the office, appoint some suitable person of good Biwier. moral character, well qualified for the position as an expert ac-countant, to be "Insurance Commissioner" for the term of four years. The "Insurance Comthissioner shall, before entering Oaths of upon the duties of his office, take an oath or affirmation, to sup- Mee. port the Constitution of the United States and of this State, and also that he will faithfully and impartially perform all .the duties of the office of Insurance Commissioner, and shall give bond in mewl the penal sum of two thousand dollars ($2,000) with surety. or AbovnAvai ,sureties to be approved by the Governor; said bond to be filed of bond. with the Secretary of State, conditioned for the faithful dis- P;(11,,,iror charge of his duties as such commissioner; said bond shall he Condition in the form prescribed by Section 6, of Chapter 24, of the Re- of bond' vised Code. The "Insurance Commissioner " shall not be a director, officer or agent of, or directly or indirectly interested in any insurance company, except as an insured. Duties of SECTION 2. The 'followino shall be the duties of the " Insur-Ino msuirnan see ance Commissioner " stoner. First. To see that all laws of this State respecting insurance companies are faithfully executed, and to require from all cornqtgigiVsur-panies not chartered by the laws of this State, transacting the once Com-business of insurance in this State a certified copy of their reagnoingaT charter or declaration of organization, and a certificate of the to= name and residence of an agent or agents of said company resident services in this State, upon whom service of process against said:company rutiob,° may he made, both of which shall be recorded in his office. Second. To examine the affairs and condition of any company 41'°Oettxtgranirir doing the business of insurance in this State, chartered by the ,° laws of this State, whenever it shall be demanded by the written application of not less than five policy-holders insured in such company to the amount of ten thousand dollars (10,000) and to furbgeunittion -publish the result of such examination in one or more news-papers of this State, whenever he deems it for the interest of the public so to do ; and for the purpose of such examinations he poars of :shall have power to require free access to all books and papers commission of any insurance company, or the agents thereof, doing business -within this State, and to examine any officer, agent, or employee of such company, under oath or affirmation, which he is hereby empowered to administer, relative to the affairs and conditions of any company ; and further, he may at any time require from any Authority to require company doing the business of insurance, or any of its officers or statements. agents, statements on such points as lie deems necessary and proper What on. to elicit a full and fair exhibit of its business and standing upon 24 LAWS OF DELAWARE. OF PUBLIC OFFICERS. SECTION 5. Be it further enacted, That it shall be the duty of said Board to have the general supervision of the State system of Registration of marriages, births and deaths; said. Board shall recommend such forms and amendments of laws as shall be 'ne-cessary for the thorough organiiation and efficiency of registra-tion of vital statistics throughout the State. Secretary. SECTION 6. Be it further enacted, That the Secretary of said Board shall be also the superintendent of registration of vital statistics as supervised by said Board, and shall execute the orders of the Board, and superintend the work prescribed by this act; he shall obtain from the Recorders of the several counties and properly arrange the recorded information 'respect-ing vital statistics. He shall prepare blank forms of returns, and such instructions as may be necessary, and shall supply the. same to the officers of local Boards of Health. to physicians and such officials as may be necessary, in order to obtain the infor-mation requisite for annual reports, and he shall, Under the direction of the Board, publish and distrtbute such information as would be valuable to the citizens of the State, on the subject of sanitation. PaYment of SECTION 7. Be it further enacted, That the salary of the Sec- Secretary. retary shall.be paid semi-annually, which and all other necessary expenses of the State Board of Health, incurred in accordance with the provisions of this act, shall be paid by the Treasurer Of the State, out of monies not otherwise appropriated, upon the order of the president of the Board, countersigned by the Sec-retary, and approved by the Governor: Provided, that such other expenses shall n.ot.exceed $100. Passed at Dover, March 13, 1879. CHAPTER 22. OF INSURANCE COMMISSIONER, AN ACT in relation to Insurance Companies. Be it enacted by the Senate and House of Representatives:of the State of Delaware, in General Assembly met: D:p0art.a SECTION 1. That there is hereby established in this State a meat estab. distinct department to be known As the Insurance Department, the chief officer of which shall be denominated the "Insurance :LAWS . OF DELAWARE. 25 OF PUBLIC. OFFICERS. 'Commissioner" of Delaware. The Governor shall, within thirty goavcrunrt days from the passage of this, act, and .afterwards,, when . any va- couftfas-cancy occurs in the office, aPpoint. some suitable ,person of good simicr. .moral character, well qualified for the .as an expert ac-countant, to be "Ineurande ComMissioner ". for the term of four years. The "Insurance .ComMiesiOner ir shall, before entering Oaths of upon the duties ofhis office, take an oath or affirmation, to sup- fil"' port the-ConstitUtion of the United Statea, and of the State, and also that he will faithfully and impartially perform all ,the duties of the OffiCe Of Insurance Commissioner, and shall: give bond in Official the penal. sum of IWO thousand dollars ($2,000) with surety or Ab°1:11Lval ,sureties to be approved by .the.Goyernor ; said bond tole filed of bond. with the Secretary Of State, .'conditioned for thefaithful dis- ro'll!°` charge of his duties as such commissioner, said bond shall he Condition in the forth' prescribed,' by '.Section - 6,, of Chapter 24, of the Re- of bond. vised Code. The "Insurance Commissioner" Shall not be a director, 'officer or agent of,, or directlY Or indirectly interested in any insurance company, except as an insured.. Duties or . SECTION , 2. The Tollowina shall be the duties of the " Insur- Commie- Insurance ance Commissioner " : sioner. First. To see that all laws of this State respecting insurance companies arnfaithfully executed, and to require from all corn- Leltairnasur. panies not chartered by the laws of this State, transacting the ono? Corn-business of insurance in this State a certified copy of their Itnorga°?: charter or declaration of organization, and a certificate of the to'n":10°.. name and residence of an agent or agents Of said company resident services in this 'State, upon whom service of Process against saidCompany Tgeb.° may be made, both, of Which shall be recorded in hia-Offide: - SecOnd. To examine the affairs and condition of any company ,oceaximrair doing the business of insurance in this State, chartered by the c°,,'dnlamneiset.ie laws of this State, whenever it shall be demanded by the written application of not less than five policy-holders insured in such company to the amount of ten thousand dollars (10,000) and to paurbotiseuaitt! on -publish the result of such examination in one or more news-papers of this State, whenever he deems it for the interest of the public so to do ; and for the purpose of such examinations he Powers or shall have power to require free access to all books and papers commission of any insurance company, or the agents thereof, doing business -within this State, and to examine any officer, agent, or employee of such company, under oath or affirmation, which he is hereby empowered to administer, relative to the affairs and conditions of Authority any company ; and further, he may at any time require from any to require company doing the business of insurance, or any of its officers Or statements. agents, statements on such points as he deems necessary and proper what on. to elicit a full and fair exhibit of its business and standing upon 26 LAWS OF DELA.WARE-OF PUBLIC OFFICERS. the application of not less than five policy-holders of any corn- Authority pany to the amount of ten thousand dollars. The "Insurance to employ an expert. Commissioner" may employ expert assistance in. examining the affairs of such company, and charge the cost thereof in the ex-penses to be paid by the company. Duty ot the Third. Whenever the "Insurance Commissioner" shall have. commis-sioner to communi reason to believe that any insurance company of this State is. cate certain i nsolvent or fraudulently conducted, or that its assets are not. argPtl,ne* sufficient for carrying on the business of the same, or upon or - 1:groafn::y doing any non-compliance with the provisions of this, act lie company,to shall communicate the fact to the Attorney-General, whose duty the Att'y don't who It Snail then become to file a bill or petition in chancery, in the. 7,7;1111"" name of the State, setting forth the facts; and thereupon to apply Uhancery. to the Court of Chancery of any county in'which said company. may be doing business, or to the Chancellor .in vacation, for an, order requirina said company to show cause why their. business. Receiver to be appoint. should not be °closed. In a proper case made, the said cOttrt, or ed. the Chancellor in vacation, shall have power to appoint a receiver When, to take charge of, Settle, and close up the affairs of said-company under the direction of said..court, to enjoin it from doing business and to make such.order and decree as may be necessary or proper. sir- Fourth. To furnish to the companies, required by this act .te, nished by Commis. report to him, all necessary blank 'forms for the statements re- stoner. Annual quired, and to publish 'annually, on or before the first day or publication ot names ofJuly, once a week, for three weeks, in at least two newspapers of Insurance this State, the names of the insurance companies that have filed ! that have statements agreeably to the provisions of this act, and to whom. complied. cergficates of authority have been issued ; and he shall also state - when and where each company was incorporated, and its aggre-gate assets and liabilities, and its receipts and expenditures for" lions o publicaftion the preceding year ; the cost of such publication to be borne - equally by said companies, and the amount to be paid by each By whom borne. shall be deposited with the "Insurance Commissioner" at the-time the annual statement is furnished, as herein provided. tSahina llt haeso ncert- Fifth. He shall, as soon as practicable, in each year ascertain, value of all the net value on the thirty-first day of December of the previous polfcles In force. year of all policies in forceon that day-in each life insurance coin- When Valuations pany doing business in this State. He shall accept the valuations-made by made by-the "Insurance Commissioner" of either-Pennsylvania, the Instil'. twee Dom. New York or Massachusetts and may require each such com-missioner. pany to furnish him, on or before the first day of March, a cer- Oen I tiontes of comma. tificate of any valuation of its policies made by either of the. les. "Insurance Commissioners" above named, and if any company What they fails to furnish such valuation lie shall revoke its, authority to authorize. do business in this State. A LAWS OF DELA.WAEE. 27 OF PUBLIC OFFICERS. Sixth. In case it is found that any life insurance company doing IWnshuernant business in this State has not on hand the net value of all its Commis. policies in 'force after all other debts of the company and claims V?tntUrtvinit against it exclusive of capital stock; have been provided for, oairtatIitni oyreltoym. shall be the duty of the "Insurance. Commissioner " to publish PIM. the fact that the then existing condition Of the affairs of the company is below the standard of legal safety established by this State, and he shall at once withdraw the authority of said company to do business in this State. Seventh. At the request of any person, and on the payment n::,..1,11:a of the fee, to give certified copies of any record or papers in hisciTgra office, when he deems it not prejudicial to public interests so to talned. do, and to give other certificates as this act provides for. Eighth. To report to each regular session of the General glie,gre Assembly, on or before the twentieth day of February, the re-ceipts and expenses of his department for the two years previous; his official acts; the condition of all companies doing the busi- Report. ness of insurance in this State, and such other information as jItIw ributed will correctly exhibit the affairs of his department, and to send a copy of his report, when printed, to the "Insurance Commis-sioner" or other similar officer, of every other State, and to each company doing business in this State. th. To cOnamunicate on request of any "Insurance Com7utlea f missioner" or other similar officer of any State, any facts which thls state, by law it is his duty to ascertain respecting companies doing delonnel-r business in this State.tates. of other Tenth. To carefully preserve in permanent form all papersS= s:174- and records relating to the business of his department, and to papers. hand the same over to his successor in office. SECTION 3. Every insurance company doing the business ofgroullt. insurance within this State shall, on or before the first day of How verl- July next after the passage of this act, excepting such companies tied' as have complied with the .existing laws for the present year, and annually thereafter, on or before the first day of February, deliver to the "Insurance Commissioner" a full detailed state-ment of the condition and business of such company for the year ending on the previous thirty-first day of December, which statement shall be verified by the oath or affirmation of the president or vice-president and secretary or authorized agent: Said statement shall be on the blanks prepared and furnished by ntricd,ur-the "Insurance Commissioner" for that purpose, and Shall con- =rang, tain the name of the company, where located, when and where ItTownis. incorporated or organized, the amount of paid-up capital, with a detailed statement of'all assets, showing the amount of cash on hand, in bank, or in the hands of agents ; the amount and actual 28 LAWS OF DELAWARE. OF PUBLIC OFFICERS. value of real estate owned by the company, and the amount of incumbrances thereon ; the number of government, State and municipal and other bonds owned, and the market and par value of the same; the number of shares of stcick of every, kind owned, and the market and par value of the same; the amount loaned on bond and Mortgage, with the actual cash value of the property fnortgaged, and whether such property is subject to any other lien or liens paramount to such mortgage, and the aggregate amount of such parainount liens; the amount loaned on all other securities, stating the name and: kind of securities, and the amount loaned on each ; also stating the liability and indebtedness of such company; the amount of losses against the company adjusted and unpaid, the amount' in process of adjustment or in suspense, including all reported-and coinpani. supposed losses, losses resisted, including interest and 'other ex-organized penses thereon ; and all other liabilities, claims, and demands under the laws of whatsoever against the company, and all other information nee-other States. essary and proper to fully set forth a full and fair exhibit of its What shall business and standing; and if such company shall be ineorpo- be deilv-ered to the rated under the laws of anrother State, it shall also, at the same commis-ether. time, deliver to the "Insurance Commissioner" .a printed copy of the last annual report, if any, made by the company under the laws of the State in which such companxi was incorporated, which shall be certified to by said comPany'in so far as it relates Cogymoaf a*zA . to their statement in said report, together with a printed copy of commis- the last report, if any, of the condition of such company made s oners of other by the "Insurance commissioner" or other shriller officer of States. such State, or if there be no "Insurance Commissioner" 'in the State where such company is incorporated, or if under the laws of such State there shall not be established and Maintained a system for the regulation of insurance companies, then and in Report NilOwIng such case it shall Furnish a report of the condition of the corn-ccuoVgl nine: f pany made by the "Insurance Commissioner" of any other State organized where the company may transact insurance business, in which cign under ler-gov- State a system for the regulation and government of insurance ernments. companies is maintained. But if any insurance company incor-porated or organized under the laws of any foreign government and transacting insurance business in this State, shall not have a president or secretary residing in the United States, the printed report of the "Insurance Commissioner" of either Pennsylvania, New York or Massachusetts, provided the statement in said re-port be certified to by one of the managers, shall be sufficient. SECTION 4. That if, by the statement furnished as aforesaid, it shall appear that such company is incorporated under the laws Mutual companies. of this State, and is a mutual company, and that agreements LAWS OF DELAWARE. 29. OF PUBLIC OFFICERS. have been entered into by the company for insurance with at least one hundred applicants, and that securities on. said insur-anc6founded, on actual and bona fide applications for insurance, and amounting to not less than twenty thousand dollars have wg,t,itannet been received; or if it shall appear by such Statement that such company; being incorporated Under the laws of this State, is a stock company, and has an',actilally paid in capital stock of at least one-hundred thouSand 'dollars over and above all claims and liabilities ; or if it shall appear by such statement and re- Vaommotritia port or rePorts, that such company is incorporated under the Issue cent laws of any other State or foreign government, and is in good condition, and has assets t6 the amount of ohe hundred and fifty pont"' tbousand,dollars over all liabilities and claim, then the "Insur-ance CoMmiseioner " shall itisne a certificate authorizing said company to transact the business of insurance, and establish agencies in. this State. For the purposes of this act the capital aug11:11V of any joint stock insurance company shall be deemed to be the catnlektt, tor - aggregate value of its deposits, assets and" investments, certified pony. according to the provisions of this act, after making deductions therefrom for all loss and all liabilities and for premiums on unexpired, fire .risks. If at any time the "Insurance Commis- Rumtusi sioner ". shall find the capital stock Of any company doing busi- sinner ness in this State impaired to the extent of twenty per centum,1271:01M be shall give notice to the company to make good its whole: rnivvn!a!"... .yetler capital stock within sixty days, and if this is not done, he shall cantutn. require the company to cease to do business within this State, and shall, thereupon, in case the company is organized under the laws of this State, iminediately institute legal proceedings as required in Section 2 of this act. SECTION 5. No insurance company' or corporation shall be Fong= engaged in, prosecute or transact any insurance business within igetnestp/ thin the limits of this State, without having first obtained authority therefor, agreeably to the provisions of this act, and every such company; not incorporated under the laws of this State, shall, wpan,t. com-before doing business as aforesaid, deliver to the "Insurancelenr'tjyllieel'- " Commissioner" a certified copy of its charter or declaration of crinnts. organization, and also a certificate, in such form as may be pro- Vaneedr:017- vided .by the "Commissioner" of the name and residence oil) efrltulutr. some person or agent within this State, upon whom service of process may be made, and all process against such company issued out of the courts of this State, may then and thereafter be served upon such person or agent so designated. ' And no person or persons shall procure or solicit any citizen or resident of this State to take out a policy of insurance in any insurance company or corporation not authorized to transact business within this State. Ii 60 OF PUBLIC OFFICERS. Seal of In-: SECTION 6. The "Insurance Commissioner" shall have a seal vormannic es. 1 of office like that now used by thd Secretary of State, ,except Wooer. that it shall be surrounded by the words "Insurance Commis-seal of sioner of the State of Delaware." All certificates and other ;)tcrilecoeniepialunly1 official papers shall he accompanied with an. impression of this what. seal. Any instrument carefully executed by the "Insurance Commissioner" of this State, and authenticated by his seal of What office, shall be received in evidence in the courts of this State, sphaaplelr bse and copies of papers and records in his office so authenticated, evidence, shall be received as evidence with the same effect as the originals. SECTION 7. If any person making an oath or affirmation required by this act, or if any person being or assuming to be Swearing an officer or agent of any insurance company, incorporated by falsely, deemed this State, making any oath or affirmation required by the insur-jp, ournjiusrlyIflaholed ance laws of any other State, shall swear falsely or make a false accordinglyaffirmation, he shall be guilty of the crime of perjury, and shall be subject to the punishment prescribed for perjury under the Violation laws of this State. Any company or person otherwise violating of this act deemed a this act shall be guilty of a misdemeanor, and upon conviction misde-meanor. thereof, by indictment, shall be subject to imprisonment not ex- How ceecling one year, or a fine not exceeding one thousand dollars, punished. or both, at the discretion of the court. And the "Insurance Commissioner" shall suspend any company so convicted, or whose agent iS so convicted, from doing busineSs within this State, until the fine is paid. Mode of cotnpensat SECTION 8. There shall be paid to the "Insurance Commis-fog Ineur. sioner " for his own use, by every company to which this act once Com. missioner, applies, the following fees: for filing the declaration or certified copy of charter, ten dollars ; for filing annual statement or printed report of the "Insurance Commissioner" of .any of the States aforesaid, ten dollars ; for each certificate of authority and certi-fied copy thereof, two dollars ; for every copy of any paper filed in his office, the sum of twenty cents per folio of one hundred words, and for affixing the official seal to such copy and certi-fying the same, the sum of one dollar ; for official examinations of companies under this act the actual expenses incurred. The Commissioner shall receive no compensation from the State, ex-cept the necessary expenses of his office, such as postage, printing, stationary, Szc., which may be allowed by the General Assembly. rDecuepilpictas tefo r SECTION 9. It shall be the duty of any officer receiving taxes taxes, from insurance companies or agents, under the laws of this State, to issue such company or agent, upon payment of such tax, receipts therefor in duplicate, and such company or agent shall dTeol I wvehroemd. thereupon deliver to the "Insurance Commissioner" one of said duplicate receipts, and the "Insurance Commissioner" shall not LAWS OF DELAWARE. ;LAWS OF DELAWARE. OF PUBLIC OFFICERS. issue a certificate of authority to do business in this State to any Lorne aa Irtays faosr -company in arrears for any tax due to this State. tor tax due. SECTION 10. This act shall go into effect and operation on the tftt- Vat. -first day of July next after the passage thereof. When. SECTION 11. That Section 1 of Chapter 118 of the. 15th Vol- T8-(0,1ume IS. ume of the Laws of Delaware be and the same is hereby amended t;_tion 1 of by striking out of said section the words "and every fire, marine, Aife, or. live stock insurance company" in the fourth and fifth lines, and the words "or imurance company" in the fifteenth Section 2 of line thereof, and that Sec, amended.tfon 2 of said Chapter 118 be and the Chap. 118, .same is hereby repealed. Passed at Dover, March 24, 1879. CHAPTER 23. OF STATE BOARD OF AGRICULTURE. AN ACT to create a Board of Agriculture /or the State of Delaware. Be it mated by the Senate and House of Representatives of the -State of Delaware, in General Assembly met: Who shalt SECTION 1. That the Directors of the Directors* of the Dela- constitute a ware Agricultural Society and their successors be and they arejtao ist.?.d of hereby constituted a State Board of Agriculture. Agricul-ture SECTION 2. It shall be the duty of this Board to collect facts, Duti.es of :statistics, or other data affecting the agricultural interests of this ora rte .State, and report the same from time to time to the Governor of this State, who shall lay the same before the General Assembly .next in session. SECTION 3. The members of said Board shall receive no tNlodot o coin- .compensation for their services. ponsation. Passed at Dover, March 28, 1879. 31 *So in the enrolled bill. 32 tAWS OF DELAWARE. OF RELIGIOUS SOCIETIES. CHAPTER 24. OF THE CLERKS OF THE ORPHANS' COURT. AN ACT to regulate the time and manner of taking the bonds of the, Clerks of the Orphans' Court. SECTION 1. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware in General Assembly met, That Clerk sr every Clerk of the Orphans' Court, appointed for either county eCaocuhr ct oourn ty of the State, shall, before entering upon the duties of his'office, to give become bound to the State of Delaware, with sufficient Surety bond. When, to be approved by one of the Judges of said Court, by a, joint Surety. and several obligation in a penalty of three thousand dollars, Delivered with condition as now required by law, and thereupon the said to the re. obligation shall be forthwith delivered to the Recorder of the cord er to be cz recorded, same county, to be recorded and filed in his office. Passed at Dover, March 19, 1379. TITLE SIXTH. Of Religion, Public Education and Health. CHAPTER 25. OF RELIGIOUS SOCIETIES, AN ACT to re-incorporate Camden Union Camp Ground for the Methodist. Episcopal Churches of Delaware and Philadelphia. Be it enacted by the Senate and House of Representatives of the ,9«te of Del«ware in General Assembly met, (two-thirds of each branch concurring therein): SECTION 1. The religious society or congregation of chris-tians worshipping at the camp ground near Camden, Delaware, is hereby incorporated and created a body politic and corporate in Name or ,av_ corporation v and in fact by the name of "The Camden Union Camp Ground for the Methodist Episcopal Church" and by that name shall have succession for twenty years, and be able to sue and be General sued, plead and be impleaded in all courts of law and equity, and powers. to purchase, receive, have, hold, lease, enjoy property, real and. personal, and to sell, convey, and dispose of the same. LAWS OF DELAWARE. OF RELIGIOUS SOCIETIES. 33 SECTION 2. That William Slay, Edward Lord, Moses S. Van Burkalow, and Robert Wilson, of Camden circuit; Charles M. Wharton and Isaac Jump, of Dover station ; William Broada-way, of Wyoming circuit, within the bounds of the Wilming-ton Annual Conference of the Methodist Episcopal Church, and Trustees - Thomas C. Nesbit and Richabell Allabarul, of St. Paul's Method-ist Episcopal Church, of the city of Philadelphia, are hereby appointed trustees of said corporation, whose terms shall expire Expiration at the times specified in Section 3 of this act. The annual nieet-"`"' ing of the Board of Trustees shall be held on the first Thursday Toirgy&fun. in July in each year, unless otherwise ordered by a vote of llt ral meet. least two-thirds of the whole number of trustees fixing some lig. other day for said meeting. SECTION 3. The terms of the respective trustees named in Section 2 of this act shall expire as follows, viz : Isaac Jump, Expiration Charles M. Wharton, and William Broada way at the annual of term of trUSECOS. meeting of the Board of Trustees in 1879; William Slay, Thomas C. Nesbit, and Richabell Allaband at the annual meet-ing of the Board of Trustees in 1880; and Edward Lord, Moses S. Van Burkalow, and Robert Wilson at the annual meeting of the Board of Trustees in 1881, and shall expire in the same order from year to year, one-third thereof in each year. Any person removing from the circuit or station for which he was elected, his vacancies. place shall become vacant and shall be so declared by the re-maining trustees. SECT/ON 4. Any vacancy occurring in said Board of Trustees by death, resignation, expiration of the term for which any trustee was elected, or removed from the circuit or station for va0.1. which he was elected, shall be filled by the Board of Trustees how stip-from the circuit or station for which the person whose place has Plied. become vacant was elected. Any vacancy occurring by death, unexpired resignation, or removal from the circuit or station for which lie virtionds, how was elected, his successor shall be elected to fill the remainder of the unexpired term. SECTION 5. The Board of Trustees shall fill vacancies oc-casioned by the expiration of the the term for which they were elected, by electing person to fill said vacancies as fol-lows, viz : from Camden and Wyoming circuits or charges, per- we:Limes, how tilled. son or persons nominated by the quarterly conferences of the circuits or charges, next preceding the annual meeting of the Board of Trustees, from Dover station, by the election of per-sons to fill said vacancies, nominated by a meeting of the male Notice 01 members, at said station called for that purpose, by notice read from the pulpit in the church at said station, on the Sabbath next preceding such meeting, and from Philadelphia by the election 3 of persons nominated by a meeting of the male members of churches in Philadelphia, which have contributed to the pur-chase of the camp ground held at St. Paul's Methodist Church: in Philadelphia. In ease the quarterly conferences of Camden and Wyoming circuits or charges, -and the meetings of the male members of Dover station and of the churches of Philadelphia, at a meeting held at St. Paul's Methodist Episcopal Church, as aforesaid, or either or any of them shall refuse or neglect to nominate as aforesaid, then the remaining trustees may elect a person or persons to fill such vacancy from the circuit, charge or station, so neglecting or refusing to _nominate. Any trustee shall be eligible to re-election, and shall be members of the Methodist Episcopal Church. i'creesriedtaernyt, SECTION 6. The trustees shall choose one of their number as out Tree- President and another as Secretary and Treasurer,_ at each an. sure, when chosen. nual meeting. The time for holding said annual meetina.shall Time of holding an- be the first Thursday in July, or such other time as shall be fixed nual meet- by the Board of Trustees. Occasional meetings may be called tag. QecaUinn1 at any time by the President and Secretary ; said meetings shall meetings. be held at Camden, Dover, or on the camp ground, as a major- - Noth-e. . ity of the trustees may determine. Four weeks notice of the annual meeting shall be published by the Secretary in two news-papers published in Kent County, Delaware, and such other papers as shall be determined by the Board of Trustees. A quorum majority of the trustees shall constitute a quorum to transact Books and business. The Secretary and Treasurer shall have charge of the papers. 13y whom books and papers; shall keep the minutes of the meetings and kept. Minutes of the accounts of the corporation : any trustee shall have a right meetings at all times to inspect the books. The treasurer shall be required Inspection °cheeks, to give bond with surety, to be approved by the Board of' Bond or t remit/ ror. Trustees, in such sum as may be fixed by them, for the faithful discharge of his duties, and shall render his accounts annually to the board, and oftener if required. SECTION 7. The Board of Trustees shall have full power to lly-laws, enact all necessary by-laws for the good government of said cor-poration, not inconsistent with the Constitution and laws of this State or of' the United States. They shall, at then' annual meet- Managers. ing, appointed eighteen managers, whose duty it shall be to pre-pnuantlictgs corfs. serve order on the camp ground and within one half mile of the camp ground; to manage the police arrangements thereof; and shall have all the power given by the laws of this State to man-agers of' camp meetings. Each trustee shall have the right to Nomina. nominate to the Board of Trustees two managers, and if any one than of or more be rejected by the board, he may nominate another or managers. others, until his nominations are confirmed by the board. In 84 LAWS OF DELAWARE, OF RELIGIOUS SOCIETIES. LAWS OF DELAWARE. 35 OF RELIGIOUS SOCIETIES. -ease any trustee shall neglect or refuse to nominate to the board the number which he is authorized to nominate, the President of the Board of Trustees shall make tile nominations in his stead, for the confirmation of the board, and if the nominations of the Presi-dent shall be approved by a majority of the board present, [it] shall be final, or if rejected, the President may make other nom-inations until they are confirmed. Any trustee shall be eligible r1.9011gi to the office of a manager. The Board of Trustees shall, at ntli°14 aro. their annual meeting, appoint some person as a police officer, whose duty it shall be to arrest all persons during the time OfPowor to the camp meeting, who shall be found within one half-mile ofIrfastioruirs said camp meeting violating any of the rules adopted by tho' Board of Trustees or by the Board of Managers, for the good the pence. government of the camp meeting, or who shall be guilty of any breach of the peace or disorderly conduct, and shall take such person before some Justice of the Peace of the county, whose duty it shall be to hear the case, and if in his judgment it is ne-cessary, he shall hold the person so offending to bail for his ap- Penalty. pearance at court, or to keep the peace in such sum as in his judgment may seem just and proper; and in default of such bail, shall commit such person to the jail of Kent County for such number of days as will extend beyond the time of the camp meeting: Provided, such number of days shall not exceed fifteen. erovi,o. The person authorized to make such arrest may do so upon view or upon the oath or affirmation of same person made before the person authorized to make such arrests. The person authorized Power to by the Board of Trustees to make such arrests, is authorized to 1,V,P. or-administer the oath required by this section. All fees and ex-penses incurred by the person making the arrests shall be paid by the corporation primarily. If the person arrested shit he Expenscii convicted of' the offence charged, the expense or the arrest shall ;iii.srlonsaile's. form a part of the cost as now provided by law. How Pahl SECTION 8. The provisions of Section 10 of Chaptin: 39 of (VIVI% the Revised Statutes of this State are applicable to the corporation or t he hereby created. The yearly rents and profits of the whole real ,%; [so/ estate held by said corporation, clear of all expenses, incident to ecnorb11)aort:t the holding of camp meetings, shall not exceed the sum of one iltpiumenirr thousand dollars, and said clear yearly rents shall be applied t routs and beautifying [and] improving the camp ground, and for such other ffoolixtesonx purposes as the Board of Trustees may deem proper. 41,000. SECTION 0. It shall not be lawful for the keeper of' any regu- pro,1,1E, larly established tavern or store, or for any person regularly !on taa,taire established with a license to sell intoxicating liquor alone, under (minim-the provisions of any law now in force, or that may hereafter actiinufs and be enacted, regulating the sale of intoxicating liquors within this 37,,gr, SL Paul's DC E. Church authorl; cd to elect trustees. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring:) SECTION 1. 'That "the Saint Paul's Methodist Episcopal Church of 'Wilmington" a religious corporation organized on ' 36 LAfiNS 'DELA.WAliE: OF RELIGIOUS SOCIETIES. State, located between the boundaries of said Camden Camp Ground and the limits of the town of Camden, as now laid out in the direction of said town, or within one-half mile of said camp ground, in any other direction, to sell, off'er for sale,. or dispose of, or offer to dispose *of, any intoxicating liquor, bread, food or other provisions or articles during the continuance of the camp meetings there held, or on the day before the commence-ment, without a written permission, signed by a majority of the Penalty. managers. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars, nor more than five hundred dollars. . SECTION 10. That nothing herein contained shall in any way Penalty p vIded affect the provisions of Section 3 of Chapter 131 of the Revised cnuYmmusleacttiiv°ne° Statutes of this State, but the penalty provided by Section 9 of this act shall be cumulative. eFlaeiclut re to SECTION 11. The failure of the Board of Trustees to meet or shall and perform the duties required of them at the time prescribed not work a dissolution by the charter, or such other time as shall be fixed by the board, of the cor-poration. shall not work a dissolution of the corporation, but a special meeting may be called by one or more of the trustees, at which the Board of Trustees may do all acts that they could have done at the annual meeting. A notice mailed to the nearest post-office shall be sufficient notice under this section. Public act. SECTION 12. This act shall be deemed and taken to be a public act. SECTION 13. Power is hereby reserved to the Legislature to revoke this act of incorporation. Passed at Dover, February 19, 1879. CHAPTER 26. OF RELIGIOUS SOCIETIES. AN ACT relating to the Saint Paul's Methodist Episcopal Church of Wil-mington. LAWS OF DELAWARE. 37 OF RELIGIOUS SOCIETIES. the 1st day of March, 1814, under the Statutes then in force relating to religious societies, be and the same is hereby author-ized to elect trustees, not less than three nor more than twelve, Number. who shall be elected and all vacancies filled in the manner now prescribed by law. And all the estate, right, and title which .said corporation may have in any property, real and personal, Protry to shall vest in said trustees as prescribed by law relating to relig- aTliste_s. ions societies. Passed at Dover, February 24, 1879. CHAPTER 27. -. OF RELIGIOUS SOCIETIES. A Further Supplement to the act entitled "An Act to incorporate the Re- Volume 14. hoboth Beach Camp Meeting Association of the Methodist Episcopal 30. Church" passed at Dover, January 9.7, 1873. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring therein:) SECTION 1. That Section 1 of the act to which this is a sup. osicgr plenient be Amended by striking out all of said Section 1 afterae,oroi-the word "of" in the fifteenth line, and insert in lieu thereof the aumulnlii. following, viz: "The Rehoboth Beach Association" for the pur- I;urpose of pose of providing and maintaining a permanent seaside resort, Nioon.assootn, where everything inconsistent with christian morality as taught by the Methodist Episcopal Church shall be excluded and pro-hibited; and by that name shall have perpetual succession, and :;10,0r.ra. to be able to sue and be sued, plead and be impleaded in all courts of law and equity, and to purchase, receive, have, hold, lease, and enjoy property, real and personal, and the same from time to time to sell, mortgage demise, grant, alien, or dispose of in par-eels or otherwise, on such terms, conditions, and restrictions, not repugnant to the laws of this State or of the United States, as they may see fit. SECTION 2. That the directors shall have power and authority to make, establish, and publish such ordinances as they may deem Ordinances beneficial for the good government of the corporation within its present limits, at any meeting of the Board of Directors. Passed at Dover, February 26, 1879. 38 LAWS OF DELAWARE. OF PUBLIC EDUCATION. CHAPTER 28. OF RELIGIOUS SOCIETIES. Volume 4. AN ACT to amend Chapter (CLXXVI) (170 of "Volume 4, Delaware TAMS. Be it enacted by the Senate and House of Representatives of the State of .De(aware in General Assembly met: Section t, of SECTION 1. That Section 1 of Chapter 176 of Volume 4, Del- Clump. 470, amended, aware laws, be amended by inserting after the word "Paulson" and before the word "shall" in the fifth line thereof, the follow-ing: "Rev. W. D. Hanson, William Jenks Fell, J. Poulson Arm- . strong, Thomas Brackin and John M. Newbold." Passed at Dover, February 11, 1879. CHAPTER, 29. OF PUELIO EDLIOATIoN, AN AcT transferring the home and mansion farm of Robert Lambdon: also all his other lands on the north side or the public road loading from Laurel to Millsboro, from School Districts Nos. 45 and 83, in Sussex county, to Cnited School Districts Nos 44 and 150, in said county. SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met: That Certain the home and mansion farm of Robert Lambden, also all his other real estate traasror. lands on the north side of the public road leading from Laurel rod trout So»ool Li, to Millsboro, in School Districts Nos.45 and 83 in Sussex county, triata NOtf. shall hereafter be and form a pad United School Districts Nos. 40 and 83 to Nos. 41 44 and 150, in Sussex county_ aforesaid, and that the said Robert and 100. Lambden, and all his lands above mentioned, shall enjoy all the hAgdovsu natn-d advantages and privileges, and be subject to all duties and Ha- bilities of taxables in said United School Districts Nos. 44 and thercul: 150, in Sussex county, and he and his lands as aforesaid are here-by relieved and discharged from the same in School Districts Nos. 45 and 83, in said county. This act shall be deemed and taken to be a public act. Passed at Dover, February 5, 1879. LAWS OF DELAWARE. OF PUBLIC EDUCATION. CHAPTER 30. OF PUI3L10 EDUOATION. AN ACT to create an additional School District in New Castle County. Be it enacted by the Senate and Rouse of Representatives of Me State of Delaware in General Assembly met: S4CTION 1. That there shall be and hereby is laid off from n School .Distri ets Nos. 71, 72, and 80, of New Castle County, the OrItettrigti following parts thereof included within these lines, to wit : Be- Ivg.8701,07. ginning at. a point in Appoquinimink Hundred where the lineiv. °nate dividing this State from the State of Maryland crosses the road'°"nt).- leading from Smyrna to the Head of Sassafras; thence along/Amu,. the said road to a road known as the Murphy road ; thence with said Murphy road to Wilson's Corner ; thence down the road known as the Levels road to a new road known as the Caulk road; thence with said Caulk road to the road leading from the sassafras road to Blackbird mill; thence in a direct line through lands of James V. Crawford, James T. Taylor, Columbus Wat-kins, and the devisees of Zacharias McD. Roberts, deceased, to the main branch of Blackbird Creek, the dividing line between Appoquinimink and Blackbird Hundreds, at a corner for lands of the said Roberts and for lands of Edward Edwards; thence - up the said branch to the road leading from Smyrna to the Head of Sassafras; thence with said road to a corner for lands of John Scaggs and lands of Philip Landis, the ben-inning point of a new road laid out but not opened; thence with the fine of said new road to a road known as the Ganges road; thence with said Ganges road to a newly laid out road leading from the Ganges road to the State line aforesaid ; thence with the line of the said new road to the said State line; and thence with the said State line to the place of beginning. And the parts included within the said limits shall be a separate school district, that is to say, nine. School District No. 711, in New Castle County, and shall havcrowers and and enjoyenjoy all the powers, rights and privileges of an original school district in New Castle County, and all the laws of this Met. State applicable to the school districts of the State generally, shall apply to the said District No. 71i- so laid off; Provided, however, That the school voters of the said district shall meet on the first Saturday of April next at the storehouse of Jacob C. Vandyke and choose a clerk to serve for three yearsand two commissioners, one to serve for two years and one to serve for one year, or until their successors are duly elected, and may do And perform any other act or acts that the voters of any school district in the said county may lawfully do. 39 OF PUBLIC EDUCATION. gie Scrtoattaer yt o SECTION 2. That the Secretary of State be and is hereby di-ally Clerk of the t rected to notify the Clerk of the Peace of New Castle County of Peace of N. the passage of this act. U. county. Passed a! Dover, February 10, 1879 CHAPTER 31. OF PUBLIC EDUCATION. AN ACT transferring the house and farm of Mrs. A. G. WoodrulT, from School District No. 75, in Sussex county, to School District No. 91, in Sus-sex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: ;ertain That the house and farm of Mrs. A. G. Woodruff now situate .roporty ransierrod and lying in School District No. 75, in Sussex County, be and 10 School District the same is hereby transferred to and the same shall hereafter SNuos.s eFxn. In form a part of School District No. 91, in Sussex County afore-cBoiugnhttys. am! Slid and every person residing upon the premises within named, "tie" or who may hereafter reside thereon, shall enjoy all the rights POTFORS. and privileges and be subject to all the liabilities of taxables of said School District No. 01. Passed at Dover, March :5, 1:7t1. 40 LAWS OF DELAWARE. *LAWS OF DELAWARE. 41 OF PUBLIC EDUCATION. CHAPTER 32. OF PUBLIC) SpHOOLS IN WILMINGTON. A Further Supplement to an act entitled "An Act to amend an act entitled Volume 15. An additional supplement to the act entitled 'An act for the benefit of NO. the Public Schools of Wilmington." " Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof conturring): SECTION I. That Chapter 453 of Volume XV, Delaware Laws, f entitled "An act to amend an act entitled additional sup- or vgi.15, plement to the act entitled An act for the benefit of Public am"ded. Schools in Wilmington" " be and the same is hereby amended by striking out of Section 3, after the word " current" in the twenty-fifth. line from the top, to and including the word "there-for" in the thirtieth line of said section, the following words to wit: and if the said debts and liabilities shall not be paid, the same shall bind personally those members of said board who ranyalof shall have voted in the affirmative when the order of proceeding ourwIters under which the debt or liability arose was passed or had, making Board. °1 -them jointly and severally responsible therefor, and inserting in lieu therefor the following : no money shall be paid from the treasury of the board unless the same shall have been appropri- when ated as aforesaid. If the treasurer of the board shall pay out 0_ monefo) the treasury any money or draw any order for the payment of ?t any Money contrary to this provision, he shall forfeit and pay a tujioyeatrordiP.atto fine of five hundred dollars, and be and his sureties shall be Penalty. liable to the board upon his official obligation for any money so paid out by him. SECTION 2. Strike out all after the figures " 1878 " at the end (sc,,,,tuia of the 24th line of Section 4 of said chapter, and insert in lieu olloptpr_ thereof as follows: " The amount of the appropriation for school=A-purposes, so made by the City Council in January, for the year "°"' then current, shall be paid in full, in twelve equal installments, How Pal". on the first Monday in each and every month during the year, orde by the city treasurer, upon orders drawn by the aforesaid board, HowiLawn under the hand of the president and attested by the secretary ; Provided, however, that the amount appropriated by the City Proviso. Council for the year A. b., 1879, shall be paid in nine equal install-rnents, commencing with the first Monday in April, A. D., 1879." SECTION 3. Strike out of Section 4 of Chapter 73, Revised tr3t=441. -Statutes, page 441, the words "twelve members shall form a Vala, quorum" and insert as follows : "ten members shall form apage 441 , amended. quorum. quorum." ni2;;17-1-, Nt 42 LAWS .OF'i)ELAWAR..: OF PUBLIC EDUCATION.' Same see- SECTION 4. Strike out or SeatiOn74- Of, Chapter- 73;'llevieed.- non and chapter of Statutes, in the third and fourth lines froni.the top of page.:-.442,: SRteavtiusteeds , the following words, to 'Wit :- " it.h. warrint,=ofattorney.for. the: _ - , ginal3ggit. confession of judgment,thereto annexed."' aWttoarrnraenyt. of' Passed 'at Dover,- Mardi 6, 1870: CHAPTER 33. OF PUBLIC AN ACT to divide School District No. 21, New Castle County. Be it enacted 'by the Senate and House of Representatives of (he' State of Delaware in General Assembly met: commis. SEcTioN 1. That John W. R. Killgore, 'William R. Flinn and :donors. John R. Lyman, Sr., be and they are hereby appointed commis-sioners, and they, or a majority of them, are hereby authorized,/ as soon as convenient after the passage of this act, to *go upon the lands embraced within the limits of school distriet-nurnber School ins- twenty-one, (No. 21,) in New Castle County aforesaid, and, if triet No.2l, necessary, take with them a skillful surveyor,. and divide the county, to be divided. said district into two parts in such manner as they or a majority of them may think proper, making two separate school distriots.; and it shall be the duty of the commissioners or a majority of them, after the said district shall have been by them laid out Plot and return. and divided, to make a correct plot and return of their proceed-ings under this act, and the same to be returned to the Levy Court and Court of Appeals of said county at its next session. after the said plot and return or after proceedings shall, have been made as aforesaid, fbr confirmation by said court; The said return to be signed by a majority of the said commissioners, and Division line. the said plot or other proceedings shall designate the, division line of the said districts, and the additional district created by this bno"rwed n. ""1. act shall be numbered in continuation of the school districts lIT Original School Ills. said county, and the part in which the school honse. is located ilia. shall be the original School District NO. 21; Oaths or MMus- 'SECTION 2. The commissioners appointed by: this ack shall,. dons of before entering upon their duties, be sworn'or.-affirined tO' per- colators. sinners. form said duties with fidelity, and shall receive one dollar for 43 cip each day's services under' this - The surveyor, if any shall be engaged,- shall also, ,receive -,aproper,.compensation for Lis tigIn"Pensa-servides, to be _allowed by the Levy. Court aforesaid. SECTION 3. ! The' additional sehool district: to.be ,formed under gritesifga this'aCtihnlrhaVe'idirthe rialitsntherity,'"fiad Privilege's Of the gr,Nefn school. districts of this. State: The Clerk the .Peace, as soon as the return of Commissioners shalk_htie been confirmed by the Levy_Court aforeSaikshall inform the Trustee of the 'School Fund 'thereof.' " Passed at Dover, March 10, 1.879. CHAPTER 34. OF PuBLIC EDUCATION. AN AUP to transfer the hum and mansion of U. E. Delmer from School. District No. 75, to School District No. 91, in Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: Certain SECTION 1. That the farm and mansion of R. E. Deimer now tirr:Vrrotirod situate and lying in School District-No. 76, Sussex County, het:A/or and the same is hereby transferred, and shall hereafter constitute No8,1;1°, In a part of School District No. 91, in Sussex County. Sussex county. SECTION 2. That from and after the passage of this act, the whoro aforesaid farm and mansion shall be assessed for school purposes nsgessed. in School District No. 91, in Sussex County. Passed at Dover, March 11, 1879. 44 LAWS OF DELAWARE: OF PUBLIC EDUCATION. CHAPTER 35. OF PUBLIC/ EDUCATION. AN ACT to consolidate School Districts Nos. 66 and 162, in Nanticoke and Broad Creek Hundreds, in Sussex County, into one school district. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: SECTION 1. That School Districts Nos. 56 and 162, in Nan-ticoke and Broad Creek Hundreds, in Sussex County, be and the same are hereby formed and consolidated in one school dis-trict; which said school district shall be No. 56 in said county, with power to draw only the dividend of one school district, and to raise the tax of one school district under the school law of this State. Passed at Dover, March 12, 1879. CHAPTER 36. OF PUBLIC EDUCATION. AN ACT to uhange the hours for holding the annual school meeting in School District No. 8, in New Castle County. Be it enacted by the Senate and House of Representatives of the Stale ot Delaware in General Assembly met: Time for SECTION 1. That from and after the passage of this act the holding an-nual meet- hours for holding the stated annual meeting of the school voters log in School District No. 8, in New Castle County, shall be from voters In School 1ns- 412 o'clock to 6 o'clock in the afternoon of the day now appointed Wet No. 8. by law for,such stated annual meeting. Passed at Dover, March 17, 1879. Consolida-tion of lichool trlets Nos. 66 and 162. Powers. LAWS OF DELAWARE. 45 OF kJ:Br:AC .EDUCATION. CHAPTER '37. OF PUBLIC EDUCATION. . AN ACT authorizing and requiring the School. Committee of School Dis-trict' No. 91, in Sussex county, to raise one hundred dollars annually for school purposes. Be it enacted by the Senate and House of Representatives of the State of Delaware, in 'General Aseernbly met : SEpTioN 1. That it shall be lawful for the school committee glionUtt of School District No. 91, in Sussex county, and they are hereby ti,i,gutss% required annually to levy, assess and collect the sum of one hun7 thorlied t; dred dollars for the support of a free school in said district, in lieu ennee80800. of the sum of sixty dollars now required to be raised according to the requirements of Section 1, Volume 13, of the Laws of Delaware, as published in 1874; said sUni shall be levied, assessed and collected in the manner now provided by law for the levying, assessing and collecting of school taxes, and shall not impair the right of the school voters in raising by taxation such sum as may be determined upon at an annual stated meeting ; Provided, that a greater sum than four hundred dollars shall not be raised in any one year, by taxation, for the purpose aforesaid. Passed at Dover, .31 arch 19, 1879. CHAPTER 38. OF PUBLIC. SCHOOL IN LEBANON. AN ACT to unite School Districts Nos, 27 and 122, in _Kent County, into one ' School District under the title of Lebanon Public Schools. Be it enacted by the Senate and House al Representatives of the State of Delaware in General Assembly met: SECTION 1. That School Districts Nos. 27 and 122, in Kent :Vora- County, as now formed, or may hereafter be formed, under the MoiliTINDolit laws of this State, be and they are hereby united, and shall be g ttln122, known as the Lebanon Public Schools, and shall have the same c""Y rights, privileges and powers as any other united School Dis- PNoawmer's . tricts under the general law of this State. 46 LAWS OF DELAWARE. OF PUBLIC EDUCATION. School SECTION 2. That in the distribution of the school fund, to Fund. How dis- which- the several counties of' this State are entitled, or may tributed, hereafter be entitled, under any law of this State, .the Trustee of the School Fund shall distribute to the said the Lebanon Public Schools the full proportion to which they are now entitled as two Terms of districts in Kent County. acting SECTION 3. That the terms of the School Commissioners now school com-missioners. acting as such, in Districts Nos. 27 and 122, in Kent County, Shall ex- pire shall expire on the first Saturday in April, A. D., 1879. Whim. of SECTION 4. It shall be the duty of the. school voters, and Terms school corn- they are hereby empowered to vote for and elect, by ballot, on IPSIOnore. When the first Saturday' in April next, A. D. 1879, one commissioner elect"' for the term of one year, one for the term of two years, and one for the term of three years; and that at every annual meeting thereafter, the said school, voters shall, as aforesaid, elect one member of the Board of Commissioners to serve- for the term Of three years, as the successor or the member whose term shall expire. SECTION 5. That if at any time any vacancy shall happen in the Board of Commissioners, either by death, resignation, remo-val, or from refusal to serve or otherwise, the remaining mem: her or members of the Board of Commissioners shall, within ten ""w ""cd. days thereafter, fill said Board of Commissioners, which Com-missioner or Commissioners so appointed as aforesaid, shall bold his or their office or offices until the next annual meeting, at which meeting the school voters shall elect a commissioner or commissioners to fill the unexpired term or terms made vacant as aforesaid. Taxes al- SECTION That all taxes levied under and by virtue or any realiy !coed, assessment or valuation made by the commissioners now acting as commissioners for the said School districts Nos. 27 and 122, in Kent County, shall be binding upon the taxpayers and prop-erty owners of the said United School Districts Nos. 27 and 122, in Kent County, under the title of the Lebanon Public schools, How ma-leeted. and may be collected in the same manner as now provided by law and the commissiours or the collector appointed by them shall have all the power and law to collect said taxes as any commis-sioner or collector of any other School District can or may have, for the purpose of collecting, or enforcing the collection of any taxes in any district within this State. Taxes alread y SECTION 7. That all taxes heretofore assessed and levied upon iovied. either of the School Districts Nos. 27 and 122, in Kent County, To whom and not yet collected, shall belowg to, and shall be due and owing long.. thoy be- to the districts united by virtue of this act as The Lebanon Pub-lic Schools, and the said connnissioners of the said The Lebanon "LAWS OF,DELAWAItE, 47 OF PUBLIC, ED U,CATION. Public Schools, or some one duly authorised by them to collect _said taxes,:shall, have the same power as is now provided by law for the collection of school taxes in any School District in this State ; and when any such taxes shall have been collected they shall, after deducting all proper charges and expenses for the .collection of the same, 0.o into, and form. a part of the fund of the said The Lebanon Public Schools, to be applied for general school 'purposes, as other monies belonging to United School Districts are ,applied. SECTION '8. That all debts due and owing to eithei: of' said L)coill'ot,8,ida. .School Districts Nos. 27 and 122, in .Kent County, shall belong, trIcts Nos: to, and be due and . owing to the said "The Lebanon Public Schoals" and the said-commissioners of the said "The Lebanon "°- Public School" shall have the same. power and authority to Power to collect any such debts clue and owing as was vested in either ofrac.°""' said School Districts Nos. 27 and 122, in Kent County, befbre said districts were united. SECTION 9. That all the rights, credits, property, real or per- Lrgony,;!. sonal, belonging to either of said School Districts Nos. 27 and ww,,TA 122, in Kent County, shall be the property of and shall be vested Cot. in the said The Lebanon Public Schools, and the commissioners Whore. of the said The Lebanon Public Schools shall have the control of and management of the same, and may maintain suits either in suits. the name of the commissioners or the name of' The Lebanon Pub-lic Schools for the recovery of' any such property, or for any damage done to any property, real or personal, formerly belong-ing to either of' said School Districts Nos. 27 and 122, in Kent County, or to any property, real or personal, belonging to "The Lebanon Public Schools,' and shall have the same power to pur- Powers. chase, receive, sell or convey any property, real o'r personal, now belonging to either of said School Districts Nos. 27 and 122, in Kent County, as is now provided by law. SECTION 10. The right of all persons to vote at school elec- quininea. tions in said School Districts Nos. 27 and 122, in Kent County,IVe'gr. shall not be impaired or altered by virtue of this act, but such persons, being in all other respects duly qualified as voters, shall have a right to vote at the meetings or elections in said united districts. SECTION 11. That Moses S. Van 13urkalow, john W. Wright, committeu A. IL Carey, John J. Conner, and \Villiam Slay be, and they are hereby appointed a committee to select a piece of land to be in area one acre, for the purpose of erecting thereon a school _house for silo rorn said district united under this net as the Lebanon Public Schools, 110,1,i7:11001 and that the selection of such site, by a majority of' said committee, to be valid, and in assessing damages the law in relation to free 48 LAWS 01 DELAWARE:. OF PUBLIC EDUCATION.' Proviso. schools shall apply ; Provided, That said site or location shalt not be more than two hundred' yards froin'the centre of the read' at "Five Points" and that when.said site has beerfseleated'.the, said location shall not be changed or altered. Vacancies. SECTION 12. That in case any vacanoy should occur.. in,' the foregoing.committee appointed by this act,' the remaining .therri-- ber or members of said committee shall 'fill. such .Vacancy vacancies by selecting some suitable person or persons for that purpose, said person or persons to be selected,' if Tally, not being voters or property holders in either of said districts 27 and '122: united by virtue of this act. What laws SECTION 13. All laws in' this State applicable to:free schools, tncitt° not inconsistent with or in conflict with this act, shall be appli-school dis-trict. cable to said united school district under. the title of the Lebanon, Public Schools. Passed at Dover, March 19, 1879. CHAPTER 39. OF 1,1.1BLIC1 EDUCATION, AN ACT to dissolve Sonool District No. 121, in Kent' County. Be it enacted by the Senate and House of Representatives of the-. State of Delaware in General Assembly met oDf icsesortlauitnio n SECTION 1. That School District No. 121, in Kent County, be School and the same is hereby dissolved, and the persons and the tterri- District. tory embraced within the limits of the same be and they are here-by remitted and restored to the original school districts from. Mr,nInt:l which they were taken, except the farm held and occupied by School Pis- William H. Dickerson, which farm and premises, together with trIct himself, are hereby placed and set over into School District No.. 94, in Kent County. Passed at Dover, March 19, 1879. 4 LA.WSOF 'DELAWARE. 49 :OF PUBLIC EDUCATION. CHAPTER 40. OF .PUBIAC. EDUCATION. Revised -AN- ACT- aniendDhapter .4201 the'Revised' Code. - Code, Tal. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly,.met That Chapter-Forty-two of the Revised. Statutes, be and the Section 10. same is hereby amended by striking out the word "five " in the0°1-Vhh:re' third line of 'Section' ten and inserting the word " six " instead Itzt dee: t thereof, aanndd ' again by striking' out the word "five" in the four. amended. inimum teentblirie of third -clause of Section eleven, and inserting "six sMehootago instead- thereof. d years. . Passed at Dover, 'March 20, 1879. CHAPTER 41, OF PUMA° EDI:CATION. AN ACT transferring the farm now belonging to Daniel Short; and situate in School District o. 04, in Sussex County, from said District 94 to School District No. 122, in said county. SECTION 1. Be it enacted by the Senate and House of Repres-entatives of the State of Delaware in General Assembly met, That Certain the farm and land now belonging to Daniel Short, situate in tr=itY School District No. 94, in Sussex County, shall hereafter be and LraLerred form a part of School District No. 122, in Sussex County afore- to School said ; and all and every the persons residing on the said land and No. 122, in farm herein mentioned, and all persons who may hereafter residees0°08,V. thereon, 'shall enjoy all the advantage and privilege, and that Priv' Imes the said Daniel Short and the person or persons hereafter owning and th/tieg. said land and farm, or living on the same, shall be subject to all the duties and liabilities of -taxables of said School District No. 122; and further, that they are hereby relieved and discharged from the same in said School District No. 94 in Sussex County aforesaid. Passed at Dover, March 21, 1879. 50 LAWS OF DBLAWA:R.B.; - OF PUBLIC EDUCATION.. CHAPTER 42. OF FREE SCHOOLS. AN ACT to ,transfer the lands and mansion farms of Samuel Kinney, Sr., and Samuel Kinney, Jr., from School District No. 48 to School -District No. 148, in Sussex county. SECTION 1. Be it enacted by the Senate and House of- Refire-sentatives of the State of belaware in General Assembly met, (both. 1%7:nand House concurring,) That the houses and mansion farms and so tams No 48 much of the lands of Samuel Kinney, Sr., and Samuel Kinney,. In , transf.erred Jr., as are in the limits of School District No. 48, Sussex county, Mgr be, and the same are hereby transferred, and shall hereafter form- No. 148, in , Sussex a pan of School District No. 148, in Sussex county aforesaid,.. county, and the said Samuel Kinney, Sr., and Samuel Kinney, Jr., and all and every other person or persons residing on said farms, or. lands, or who may hereafter reside thereon, shall enjoy all the Advant-ages and advantages and privileges, and shall be subject to all the duties liabilities, and liabilities of taxes of said School District No. 148, in Sussex county, and they are hereby relieved and discharged from the Who and 'mita itdoes same in School District No. 48, in Sussex county ; Provided, that not relieve. nothing in this act shall relieve the property or persons therein named, from school taxes and assessments now .due and unpaid. SECTION 2. And be it further'enactecl, That this act shall be deemed and taken to be a pUblic act. Passed at Dover, March 25, 1879. CHAPTER 48. OF FREE SCHOOLS. AN ACT to extend the limits of School District No. 53, in New Castle County SECTION 1. Be it enacted by the Senate and House of Repre-sentatives of the State of Delaware in General Assembly met : iFna Nrmo. bS, SECTION 1. That the farm and mansion of Joab S. Alston, ttora Sncshfeororle d now situate and lying in School District No. 88, in New Castle District Couuty, be and the same is hereby transferred, and shall here- No. 53, after constitute a part of School District 53, in the county afore- County. said. ILAWSOF' DELAWARE. OF PUBLIC EDUCATION. SECTION 2. That from and after the passage of this act the yvsae reos tos ed. Aforesaid faim and mansion shall be assessed for school purposes in School District No. 53, in New' Castle County. Passed at Dover, March' 27; 1879.. CHAPTER 44. OF FREE SUROOLS. AN ACT to transfer the luiuse and lands of William C. Horn and Edward H. Horn front School District No. 126, to School District No. 38, in Sussex County. SECTION 1. Be it enacted by the Senate and Ilinise of Repre-sentatives, of the State of Delaware, in General Assembly met : That Farm, the houses and mansion farms and all the lands now lying in School In No. 126, District No:126, Sussex County, of William C. Hem, and Edward ttrovestororted R. Hem n shall hereafter be and form apart of School District No. 38, itrin in Sussex County aforesaid, and the said William C. Hem n anks,= Edward R. Horn, and all and every the persons residing on said " lands mentioned herein, and all persons who may hereafter reside thereon, shall enjoy all the advantages and Privileges, and be subject to all the duties and liabilities of taxables of said School District No. 38, in Sussex County, and are hereby relieved and discharged from the same in.said School District No. 126, in said county. SECTION 2. And be it further enacted, That this act shall be P11010206 deemed and taken to be a public act. Passed at Dover, March 28, 1879. 52 LAWS OF DELAWA.R1g. OF 'PUBLIC EDUCATION. CHAPTER 45. OF _PREF, SCHOOLS. AN ACT to amend an act entitled An act in relation to Free Schools it this State" passed at Dover, March 25, 1875. Be it enacted by the Senate and House of Representatives of the Slate of Delaware in General Assembly met, as follows: Original act 1. Section two of said original act shall be amended by add-amended. ing these words to the end thereof: They shall also prepare and Distribu-tion of distribute the proper forms, to be signed by the School Corn-forms. missioners of each district respectively, certifying under their To contain. haannddss that they have adopted and used, in their respective dis- What. tricts, the text-books directed to be used by the State Board of Education, and no other, except in branches in which said board When has given no direction ; and the Auditor of Accounts shall asuhdailtlo nro t neither settle with, nor give any order or certificate to, any school settle, district, its clerk or commissioners, until such certificate shall be presented and filed with him. Section b. 2. Section five of said act shall be amended by striking out all" How after the word "teach" in the tenth line, and before the word "any?' amt nded. in the twelfth line, and inserting the following instead thereof: What Shan Orthography, reading, writing, mental arithmetic, written arith- 14,ernyegrs. metic, geography, history of the United States, English grammar, first grade elements of rhetoric, algebra, geometry and natural philosophy, certificate. shall be recommended to the State Board of Education for a first Certificate grade certificate ; and the said board, approving the same, shall to be signed by superb n- au and direct such certificate to issue, signed by the super-aunmdl acuotm. l. intendant, and countersigned by the President of said board ; tersIgned and the certificate so issued shall be good for three years, unless by presi dent. sooner revoked by the Superintendent for cause, to be approved Good for 3 by said board. Every applicant, who is of good moral character, 'years Un-less re- and who shall, in examination, answer ninety per centum of. all yoked for cause. questions asked in orthography, reading, writing, mental arith- L110065clet t' metic, written arithmetic, geography, history of the United grade eer- ( States and English grammar, shall receive, from the Superin-tifiento. tendent, a second grade certificate, which shall be good for two (1°"1 for I years. years unless sooner revoked for cause to be approved by said board. If any such applicant fail to answer ninety per centum of the questions asked, in examination, in the branches men-tioned for a second-grade certificate, but shall 4 certificate answer ITthfitred at least sixty per centum thereof, he shall receive from the Super-goocerdti - intcndent a third-grade certificate, which shall be n. for one for one year. year, unless sooner revoked for cause. ..So In the enrolled bill. , LAWS OF DELAWARE. 53 OP PUBLIC EDUCATION. 3. Section nine .shall be amended by adding to the end thereof: gniesnatidon And any one, so employed, shall receive no compensation what- :000:pen. -ever ; but the Superintendent may issue temporary permits to satl" leach for aperiod not exceeding thirty days, when in his judg-Tagiga,ary meat, the interests of education require it. . Section twelve shall be amended by striking out the word rutilelniZttpn "month!' in the third and fifth lines thereof respectively, and - inserting the word " quarter " instead thereof; and by striking How. Out the word "November" in the eleventh line, and inserting the word " April" instead thereof. 5. The said original act, as hereby amended, shall be pub- Argist obae_ lished with the other, acts passed at the present session of the Legislature. SECTION 6. That all teachers receiving certificates for a longer Heoalrecsorti. time than one year, shall pay at the rate of two dollars per year Ann be for said certificate. ' paid tar. Passed at Dover, March 29, 1879. CHAPTER 46. OF FREE SCHOOLS. AN ACT In relation to Free Schools in this State. Be it enacted by the Senate and House of Representatives of the ,State of Delaware in General Assembly met: . SEcTioN 1. On the second Tuesday in April next, and an. =net:Illit-nually thereafter, the Governor shall appoint and commission ictoptpoto be some suitable person of good moral character and well qualified Whom in regard to his mental attainments, for the place as Superin. Ilinalt ow-tendent of the Free Schobls of the State of Delaware ; he shall Term or hold his office fbr one year, and until his successor shall in like Yiltiteciam.oy manner be appointed. TheGovernor shall have power to fill Hew lillk any vacancy caused by death, resignation or otherwise. Who SECTION 2. That the -Secretary of State, President of Dela- constistbuatell ware College, State Auditor and the State Superintendent shall gittoatttred of constitute a State Board of Education for this State, who shall TEidmuceaatniodn. meet on the first Tuesday of January, in each and every year and place in the Capital at D ncover, at 2 o'clock in the afternoon. The or igann.ua l. " So in the enrolled bill. 52 LAWS OF DELAWARE. OF 'PUBLIC EDUCATION.. CHAPTER 45. OF FREE- SCHOOLS. AN ACT to amend an act entitled "An act in relation to Free Schools la ' this State" passed at Dover, March 25, 1875. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: Original act 1. Section two of said original act shall be amended by add-amended. ing these words to the end thereof: They shall also prepare and Distribu. tion of distribute the proper forms, to be signed by the School Corn-forms. missioners of each district respectively, certifying under their To contain. hands that they have adopted and used, in their respective dis- What. tricts, the text-books directed to be used by the State Board of Education, and no other, except in branches in which said board When has given no direction ; and the Auditor of Accounts shall auditor shall not neither settle with, nor give any order or certificate to, any school settle. district, its clerk or commissioners, until such certificate shall 'be presented and filed with him. Section 5. 2. Section five of said act shall be amended by striking out air How after the word "teach" in the tenth line, and before the word "any amended. in the twelfth line, and inserting the following instead thereof: willit,,,IlOrthography, reading, writing, mental arithmetic, written aritli-be nem. tiary for a metie, geography, history of the United States, English grammar, first grade elements of rhetoric, algebra, geometry and natural philosophy, certificate. shall be recommended to the State Board of Education for a first Certificate grade certificate ; and the said board, approving the same, shall to be signed by superin. authorize and direct such certificate to issue, signed by the super-tontlent. intendent, and countersigned by the President of said board; and coon. toraigned and the certifiicate so issued shall be good for three years, unless by preel dent, sooner revoked by the Superintendent for cause, to be approved Good for 3 by said board. Every applicant, who is of good moral character, year 'm-ien) re- and who shall, in examination, answer ninety per centum of. all yeoake.d. for questions asked in orthography, reading, writing, mental aritli-raii! cosSeicl M eti C, written arithmetic, geography, history of the United grade cern- States and English grammar, shall receive,- from the Superin-tendent, a second grade certificate, which shall be good, for two yGeoaords . fur 2 years, unless sooner revoked for cause to be approved by said board. If any such applicant fail to answer ninety per cent= of the questions asked, in examination, in the branches men.. tioned for a second-grade certificate, but shall* certificate answer Third at least sixty per centum thereof, be shall receive from the Super- 'trade card. Heat° good i ntendent a third-grade certificate, which shall be good for one for one year. year, unless sooner revoked for cause. pAvvs OF DELAWARE. 53 OF PUBLIC EDUCATION. Section nine shall be amended by adding to the end thereof: Oamended. th sit io n And any one, so employed, shall receive no compensation what- N-ocomp,,,,,. ever:; but the Superintendent may issue temporary permits to cation' leach for a.period not exceeding thirty days, when in his judg- pTeormAr.ary ment, the interests of education require it. Section twelve shall be amended by striking |
| Date Digital | 2010 |
| CONTENTdm file name | 3077.cpd |
Description
| Title | Laws of the State of Delaware - Volume 16 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | DOVER, INISEPEN1ANCE'-'- THE. ,-. UNITED STATES, THE- ONE- HUNDRED AND OyElli, 7 DE L'ANV. klijW. 140.70. AT t ti- J. 1-, DtA- WAREAN OFFICE |
| CONTENTdm file name | 55265.pdfpage |
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