Laws of the State of Delaware - Volume 02

              214a0ei LAttelority.
W
0- F THB
ST ATE
0 kr
DELAWARE,
FROM THE FOURTEENTH DAY OF OCTOBER, ONE THOUSAND SEVEN'
HUNDRED, TO THE EIGHTEENTH DAY OF AUGUST, ONE
THOUSAND SEVEN HUNDRED AND NINETY-SEVEN,
IN TWO VOLUMES.
VOLUME II.
NE W-CAS L E :
PRINTED BY SAMUEL AND JOHN ADAMS
(4
ECRETARVS OFFICE) NEW-CASTLE, AUGUST i8, x797.
I Do certify, that this Edition of the LAWS OF TILL
STA.TE OF,DELAWARE, comprifed in Two Volumes, printed by Sa-ntuel
and Yohn Adams, is publifhed purfuant to the Direetions of an
*.48 of the. Legillature of the faid State, paled on the nineteenth Day
vf7tnie, in the rear One Thoufand Seven Hundred and Ninety-three..
JAMES BOOTH,
Xecretaty of the State of .Delaware.
L'A S
OF H
State of Delaware.
CHAP. 1..b. CHAP.
An ACT to punifh treafons and difaffeeted perfons, and 17776
for the fecurity of the government. To continue dur-ing
the war.Expired.
CHAP. ILb.
An ACT to render parts of (livers atis of Afembly and 171i.
certain law proceedings more coryarmable to the prefent
coullitution. (a)
WHEREAS.
Ole bonds and obligations, direta.: Preambilii
ed by any aft of Affernbly to be taken in the
nine of the King of Great Britain, or the Governor.
or Lieutenant Governor for the time being, can-not
now be flied, and it is neceffary that all fuch bonds
or obligations fhould hereafter be taken in a different
manner : And whereas all recognizances taken in the
name of the fame King, or Governor or Lieutenant
Governor, or government of the counties of New-
Caftle, Kent and Suffex, on Delaware, cannot now
be fued, 'nor new \recognizances taken agreeable to
VOL. II. B former
tij For thiS coditution, eftablifhed the zoth of September, 1776, fee the Apr
radix:
596 LAWS OF THE &TATE
C H n A P., former pradice : And whereas it is expedient that cer-tam
n fees and perquifites heretofore given by law to
7777 the Governor or Lieutenant Governor, for the fupport
of government, fhould hereafter belong to the Prefi-dent
or Commander in Chief of this ftate for the
time being ; and that the oaths or affirmations of al,-
legiance, direded to be taken or fubfcribed before the
fourteenth day of May laft, fhould be totally abo-lithed
;
SECTION 2. BE it therefore enabled by the General Af-,
fembly of Dc/aware, and it is hereby enabled by the au-
Public bonds, thority of the fame, That all bonds, obligations and
&v. heretofore
taken and re. recognizances taken in the name of the King of Great
maining in force Britain, or in the name of the Governor or Lieute- how to be fued. nant Governor for the time being, or in the name of
the government of the counties of New-Cattle, Kent
and Suffex, upon Delaware, which remain in force
at the publication of this ad, may and (hail be
fued, in the name of the Delaware State in the fame
manner they heretofore have been fued in the Dames
of the laid .King, Governor, Lieutenant Governor,
or in the name of the government of the counties of
New-Caftle, Kent and Suffex, upon Delaware.
Lim all filch SECT. 3. And be it further enabled, That all recog-bonds,
Sec. are niza,nces, bonds and obligations heretofore direded to be taken
hereafter, to be taken, or ufually given, in the name of the
King of Great Britain, the Governor or Lieutenant
Governor, may and (hail from and after' the publica-tion
of this ad be given and taken in the name of
the Delaware State (except fuch as are by this ad di-reded
to be in the name of the Prefident) and (hail
be for the ufe of the public or perfons interefted. (b)
Licences of di. SECT. 4. And be it further enabled, That all licences
vers
kindbe
s by to inn-keepers, tavern-keepers and other public houfe- whom to
granted. keepers, and alfo to pedlars, hawkers or petty-chap-men,
and all marriage-licences, heretofore granted
by the Governor or Lieutenant Governor, may and
from and after the publication of this ad be
granted
(5) By art. 6. feet. 2T. of the conftitution of this (tate, adopted in June, 1792.
the (tile in all procefs and pulrlic an, is to be "The State of Delaware."And in
Chap. 5. c, fed. 6. Anno 1793, bonds and recognizances of public Accra, Scc. to be
taken in the name if the State.
At"
r
0 .F D. EL AW-AR t.
ranted by. the, Prefident or Comtnander in- Chief of c till. Pe
this ftate, and nor otherwife ; and all bonds:or.obli-gations,
required by any a4 of Affembly to be.given 1771'
and taken previous to the grantingfuch licences, May, Bond", be gi_
and fhall be given and taken for the .future in the von on granting
name of the Prefident or Commander in Chief for
' the time being,. and payable to him or his fuccef-fors,
(c) for which purpofe he is hereby made -a body
politic and corporate ; and all fines and perquifites Finfiets and per-allowed
by law to the Governor -or Lieutenant Gover- r.houithiaryer
nor for fuch marriage or other licences fhall hereafter able'
be paid to the Prefident for the.time being; any-thing
in any ad of Affembly of this ftate. to the, contrary
notwitliftanding. (d)
SECT. -5. And be it further enaRed, That no perfon Mannar' in
or perfons IhaU prefume to keep any inn, tavern, ale- ivithirehnicke;
houre, ordinary, vidualling-houfe, or other public Inuabc6.
houfe of entertainment within this flare, from and "'led'
after the twenty-fifth day of March next, without
obtaining, by petition, a recommendation from three
or more of the Juftices of the Peace of the county
Ln which he, the or they refide to the Prefident for a
licence to keep the famt3, fetting, forth, that the per-
Ion or perfons fo petitioning is or are fit and well
qualified for keeping fuch a houfe ;.- Provided al-ways,
That every licence; Co to be granted (hall con-tinue
in force until the !aft day of the Court of guar-ter
Seffions to be held in each .county in the month
of February, which will be in theyear of our Lord
One Thouland Seven Hundred and Seventy-eight ;
at which Courts of Quarter Seffions in the month
aforefaid, and in like manner at all fucceeding Courts
of Quarter Seffions to be held in the fame month an-nually
forever; the juftices of the laid refpedive courts
are
(r) By chap. s. c. feet. 14. all the powers formerly vetted in the Prefident alone,
at in the Prefident and Privy Council, under the late conftitution, (of 1776) and by
the laws of this date, not provided for by the contlitution (of 1792), ate rellea in
the Governor ; but all licences are to be counterfigned by the Secretaty, and foaled
with his real of odic.
(d)Vor the fees on thofe licences, fee chap. 27. c. fcdt. 1, patted June t, 1793.
Py chap. 5. C. feet. 5. all fetch fees are declared thereafter to belong to the date, pay-able
into the treafury thereof.And in chap. 28. c. were appropriated to the du%
charge of the rotaries of the Chancellor and Judges.But after appropriated in chap.
103. c...rafred Feb ..a, 179.fr, as cart of a fund for eilaSitlting fehoula in this hate.
397
598
C H A P;
1777.
Repeal of for..
met- ads, fa,.
LAWS OF THE S-TATE
are authorized and impowered to 'giVe, in full Idiom',
fuch recommendations asaforefaid ; an'd that no fuch
licence ihall afterwards be granted but upon futh re7
commendations, nor continue longer in force than the
laft day of the fucceeding February Seffions. (e)
Stcr. 6. And be i fitrther enaaed, That fo much of
every ad of Affembly prefcribing the taking or fuh-fcribing
any oath or affirmation of allegiance to the
King of Great Britain for the time being ; or ac-knowledging
any authority in him, or the Parliament
of Great Britain, or in the heirs and devifees of Wit-ham
Penn, efq. d'eceafed, formerly Governor Of this
hate, or in any Other perfon whatfoever as Governor ;
and fo much of every aft of Affembly as declares,
direas or commands; any matter; a& or thing repug-nant
or contrary to, Or inconfiftent with, the prefent
conftitution of this ftate, (f) frarned and eftablifhed
by the late convention, 1110 and afe hereby declared
to be repealed and 4,bfolutely null And void.
Paled February 2 2, r 7 7 7.
C H. A P. III. b.
1777. An ACT againft defertion, and harbouring deferters, or
dealing with them in certain cafes. B.epealed by chap.
t 8. b.
CHAP.
This feet. s: altered and fupplied in chap. 26. c. patted June 14, 1793. an4
5n chap. 61. c.feets, 5, 6. paired Feb. 7, 1794.
Framed in September, 1776.
4;:f.
OF DELAWARE. 599
C A P. IV. b. CHAP.
IV.
An ACT for fupporting and egablifbing certain bills of 1717-
'credit OW by the Co'ngrefs of the United States of Ame-rica,
and to prevent the counterfeiting of the Jame, and
certain lottery tickets iffited by their .authority; certificates
of the Continental Loan Office, and- alfo other bills 'of
credit.-
WHEREAS
the fafety ,And profperity of this Preamble,
ftate, as well as of the United States of America,
in a ;great meafure depend upon the fupporting the
credit of the paper money emitted by the Congrefs,
making it a legal tender,at the full valu'e exprefFed in
the refpeftive bills, 'a:rid by preventing the railing the
nominal value of gold and filver, or any other fpecies
of money whatfoever ;
SECTION 2. BE it .therefore melded by the General
iffeMbly of Delaware, and it is hereby enaHed by the au-thority
of the fame, That the, bills of credit, emitted Bills of credit
by the Continental Congrefs, (hail be, and they are giffreuiescl2bregCarte-L.
hereby declared to be, a legal; tender for the payment der, Fee.
dnd difcharge of all manner ofridebts, Tents, fum, and
fums of mone.y vvhatfoever, due, payable or arifing,
upon, or by reafon of any mortgage, bond, bill, .fpe-.
cialty, note, book account, promife, affumption; or
any .othercontraft or caufe, whatfoever, as if the fame
was tendered or paid in the money mentioned in fuch
mortgage or other writing, book account, promife,
affumption; or any other contra& whatfciever, and (hall
be fo received in all payments by all perfons whomfo-ever
; and that the fame lhall be 'deemed equal in va- Value of loch
lue to the like nominal turn in Spann milled dollars, bills in Spanifh
weighing feventeen pennyweight and. fix grains, ac, D°11""
counting each dollar at the rate of Seven Shillings
and Six-pence lawful money of this ftate; and that all or Reding ma-debts
.payable in fterling money may and (hail be dif- ney
charged with the raid bills at the rate of Four Shillings
and Six-pence fterling per Dollar.
SECT. 3. And be it further enaeled by the authority
aforefaid, That if fuch tender in the faid Continental
bills be legally made to any creditor or creditars.what-foever,
600 LAWS OF THE STATE
1110A P foever, and he, the or they, than refute to accept
thereof in payment, and (hall afterwards by the fpace
'77 of ten days neglea to declare or make known to his
On rucli tender laid debtor perfonally, or by notice in writing left at
and a iefufal, his ufual place of abode,. his, her or their willingnefs. tzc. debt rill.-
charged, and the to accept of the fame bills of credit in payment,..-fuch
f m thereof for- tender and refufal than operate as a difcharge andfor-feiture
of the debt due to him, her or them, one third
part thereof to be retained by the debtor tendering the
fame, for his own ufe, and the other two third parts
thereof to be paid by the laid debtor into the hands of
the Treafurer of the county, where fuch forfeiture
happens; for theufe of the ftate ; and in cafe the faid
thbtor refufes or negleas to pay the laid two third
parts of the debt fo forfeited to the Treafurer as afore-laid,
the fame may and (hall be fued for.and recover-ed,:
with.intereft, in the m'anner herein after direaed
as to the other forfeitures under this aa.
And any aflign- SECT. 4. And be it further enaifed. by the authority
ment of
fermi'. ftohre fuch aforepid, That. where fuch tender and refufal. than b'e
debt declared made as aforefaid, and,the .perfon to.whom the fame
flith""t"5"' tender is madelhall afterwards affign, transfer, or let
over any fuch mortgage bond, .fpecialty, bill or note,
every fuch alignment:ft:all be deemed fraudulent, and
the affigner ihall forfeit and pay to the affignee, or to.
his or her executors or adtninitirators, double the
film mentioned in fuch mortgage, . bond., Ipecialty
bill, or note fo affigned or transferred, to be recover-ed
by action of debt in any 'Court of Record in this
flate.
rerfons 'offering SECT. 5. And be it -further enaRed by the authority
snore in the bid aforefaid, That wholbever (hall offer, alk,, or receive,
bills in exchange
for gold or (liver, more in the laid bills for anygold or filver coins, bulli- r on, or any other fpecies of money whatfoever, than
the nominal fum or amount thereof in Spanifh milled
for goods, &c. dollars, or more in the laid bills for any .goods or
commodities whatfoever, than the fame could be pur-cha
led at of the fame perfon or perfons in gold or flyer,
or perfnns offer-ing
to fell any or any other fpecies of money whattbever, or (hall of-goods,
Ste. for fer to fell any goods or commodities for gold or (liver
an
gold and filver,
refuting to coins, or any other fpecies of money whatfoev.er, and
fell for the raid refute to fell the fame for the laid Continental bills,
to forfeit
Abe value, P.c. every loch perfon (hall forfeit to the ufe of the Itate,
for
.F DELAWAR. 6o1
for the fupport. of the government thereof, the,valne .iv.
C H P.
of the money fo exchanged Or goods or commodities
lo 'fold or offered.to fale, and on proof thereof being ;777.
- made by Ooe or more credible witneffes, befcire any
juftice of the Peace, of the county, fuchjuftice
(if fuch fum of money as aforefaid forfeited: (hail not
exceed Five Pounds) iffue his precept in the .name of how rLich
the {tate, in the nature of a fummons or a tapias as fe"ure " recovered.
the cafe may. require, and. proceed to recover the va-lue
of the money fo exchanged, or goods or commodi-ties
fo fold or offered to fale, fa proved to be forfeit-ed,
in the manner direded by the laws of this ftate
for the recovery of debts not exceeding Five Pounds,
together.with cofts.of fuit, and when fo recovered and
received (hall pay the fame to the Treafurer of his
county,., who II-mil give his'receipt therefor.; and if any
filch ,forfeiture as aforefaid than exceed the bum of Five
Pounds, the juftice before whom filth . proof [bail be
made lhall, within three months fend an account in
writing to the Attorney General of this ,ftate, con-taining
the names of the witneffes; and the perfon who,
and the fum that he or (he, has fo forfeited, and the
Attorney General is hereby required as ,.loon after as
conveniently may. be to fue for and recover, in the
name of the flare, fuch fum or fums of money b3.
atlion of debt in any Court of Record of the county.
where the forfeiture (hail happen, and when fo reco-vered
and received, to pay the fame to the Treafurer
of that county, who (hail give his receipt therefor.
And the laid 'rreafurer fhall afterwards account for
all the monies coming to his hands by virtue of this
ad., and pay over the fame as the General 'Affembly
(hail from time to time order and' appoint. (a)
SECT. 6. And whereas it is neceffary that the COUtl-c'.
11114tintb:eteirler:, itot4ifin: terfeiting of the bills of credit. made current by public
authority, the tickets in the public lottery let on foot laontately tickets
by Congrefs for the fupport of the American war, and
the
',notated with
. death.
(a) fly chap. 68, b. paired November 4, t720. the,operatian of this ;et, inter alia,
fo far as the fame made the bills ot credit of the Vitited States, and of this hate, a
legal tender, equal to gold and filver, furpended for one month, and from thence
ntil the end of the then. next fitting of,the General Affemhly.At the katl next
fitting, to wit, February 52,5785. by chap. 71, ts, feet,'37. this chap 4, inter aim, -
(0 far as it related to :Wising the (aid btlla klegal.tender, repealed.
6oz
C H A P.
1777.
LAWS OP 'THE' STATE
the certificates, of the Continental Loan Office, fhould
be puni (lied 'and prevented, 'Be it eneOed by. the autho.
rity aforefaid, That all-and every perfon and:perfonsy
who from and . after. the publication- hereof, Than
catinterfeicor alter any of the aforefaid 'bills ofcrediC
by this' a& made a legal tender, or any of the bills of'
credit emitted and made current by any of the'Affetn-blies,
Conventions or Congreffes, of any of the Unit-ed
States of America, or any ticket in the lottery be-fore
mentioned, or any certificate figned by any Cony.
miffioner of the Continental Loan Office, or. utter any
bill or bills, ticket or certificate, th-counterfeited or
altered, knowing the fame to be fo counterfeited or
altered as aforefaid, and be legally convi&ed thereof,
fhall be adjudged 'guilty of felony, and be punifhed
with death in like manner as perfons tonvi_aed of
counterfeiting or altering the bills of credit of this Itate,
and knowingly uttering the fame, may or can be
Paled February 22, I 777.
C H A P. V. b.
1777. An ACT for aiding the difcontinuance of 'the procefs in the.
Supreme Court, andfor altering the times of holding the
faid Court, and alfo the Courts of General trarter Sep
lions of the Peace and Gaol Delivery, and Courts of
Common Pleas.
Preamble. WHEREAS the procefs and proceedings in the
Supreme Court for this itateare now difconti-r.
nued and put without day, by occafion of the non-coming
of the juftices thereof at the days appointed by
law for holding the laid court in the feveral ,counties
within the faid ftate 1 And whereas the days appointed
by law for holding the faid court, within the counties
of this ftate, are found by experience to be improper
times for holding the faid court ;
SECTION 2. BE it therefore et:a-kJ, by the' General-
Affembly of Delaware: and it is hereby enatied by the
authority of the fame, That every indiament,' prefent-mesa,
r , E-;1: A AiM 4 A: 4.
41.19P., ..4*,13teA, Pr9Se.A.9r 1,.
fPCY.91.1 t4g-WFS) C9Pr.c,
grAltillSr'QfithS cOlAntM, of 03i5,64..t, ,
nqyy, be,cotne.cliccoptipp_eci, al0;ted, and put with- Revival and
Opt dRyi, lay; reacon, of tAe, upp-..conling a'the
ther,ca,aA aforefavi,. [ball, be, an are, herieby reyiy.gd In Supreme
ttOjc9.P.Cisn.,u,qc4 aLnci, kIa a941 MAY, bc. 4,CArdo trjgd an4 Court.
.4g.t.c,tniing1,t?Ii -CO.W1or
the time being, on the days and times, and at the
PAggs.....kgkein 1,1ftcr aPPPinS54. aPA a.s,.full
IYIAUTIcr: M 41. incAnt.4.40.2.1.4.TP9fcarIliliP;f9,-
4§.t1SY tigIt 91(9.9.145i, 1.1.1YA b.Cer.i. if fu.cli i.911
QS 409:, ter had 130S k,qc.9, 4. t.c.Tr.P41.014Y. 0,P rn.ca.ns
aforefaid. ) -
S4ct, 3. 414 ke if, jigger, em,ge,d, That, from and Times for hold.
4f.tcri tti,q 13111.?1.. lication of this 44tle SupKerne Court
inlaid raid
. court in future.
ft g e 11411 j1104 WSP: q C.YAr,Y, year;
i/Cin./;a)5. At NPY,-C4P.C, f9Stle, CoPPY.Y. of w.'(4.!-
t..19, on .01.9. f. Q9n(11-1,1cf0..aY, in the nlOni4. OfApiil
and baober ; and. at Dover, fot the. county. of 15.ent,
on the third Tuefdays Of the months aforefaid; and
at Lewes,(b) for Suffex county, _ on the foUrth Tuef.
day of the fame months. (c)
SECTA 4. And whereas. it is thought expedient and
neceffary to alter the days of holding the Courts of`
General Quartet Seflions.Of die Peace and Gaol Deli.
very, and County Court of Common Pleas within the
fe'vefal:cOtintj6S. in thii14e; ' '
SECT. Bei, therefore enadedi.11iat the faid Coutts ms for
General' Quarter Seffions Of the Peade arid Gaol hots!.of ;07 th Courts
Delivery fhall be holden at Lei;ves,11) for the t-iitney of flans in each
Suffex, on the firil Monday in the months. of A441.., county in futurei
Auguit,NovArritier and Vebitiary ; Doirer, fsk
county. Of' Kent; Ori the feCO141"Monday.ía evy..' hoef
VOL: lb' ' ' the
(a) For fubfequent flmilar provifiont, fee chap. 13. b. feel s.--chap. 16. b.
24, b,-,--c.hap: 31; b. ' ' '
(A) This place of holding the courts, 8:c. changed to CeorgeTo:Vn in that coun.
Sy by chap. 437.,b; palled Mlober '16, '791:
For the feveral alterations of the days for holdidg this Court in the refpeetivo
counties from its eftabliihmetit in allap: sq. a. fed. 6:Sce chap. 167.'a.-.-.chap.
177. a.chap, '193. a.and, for fubrequent alterations fee chap. 19s c. palled June
ad, 1793. and chap. 6s. c. pafred Feb. 7. 1794.
See note (#1 before.
604 LAWS OF THE STkT E
. . .
C 1-1 A P. the fame: Months; arid at-NeW-LCaftle, -,fcir the coun-ty
- of New-Caftle,-on -the- thirAMondar id every of the
1771' aforefaid,(eJ WhichJaid) COiitt%'dfGenéral
(barter Seflions of the Peace may behkep,t and con-tinued
for the fpace of three clays,:and' nolonger,. in
the' laid counties relpoftively,- at any bf.pietirries'here.-
in beforoaripointed for. thre- holdinga"..ncli/;.- cpirig otthe
'courts and tenons afbrefaid in each-of-the .--faid'OUri-ties.
and when the SECT. 6. And be it fin-ther enae7ed, That the faidiaunty
ThCoounrtls,loefasCihornaci Courts of CornmonPleas refpe&ively begili 'and be
begin. holden in each of tile laid counties o'n the Wednelday
or let day Of the laid. Cobrts of Qijarter Seffi'orWinthe
feveral momhs aforefaid.(1,
Repeal of former SECT: 7. And be it further enaaed, That all the rifts of
Aftembly heretofore made, and Ilipplethents to Them,
and every claufe therein contained, lb far as thefame
relate' to days and times of bolding. the,'leveral courts
before mentioned, be and are hereby repealed, annul-led
and made void. (g)
.'Pajed February 22, r 777.
Preamble.
C HA P. VI. b.;
1777. An ACT for afcertaining the. falartes and allowances 1.9
the officers and perfans herein mentioned, employed in the
government of this flate, and/or the providing a fUnd
for the payment thereof.
HEREAS, by.the Conftitution or Syftcm, of
government eftablifbed by the Conve,ntion,(a)
it is declared and ordained, that adequate but mode-rate
(e) See chap. 54. a. reds. 1, 2, 3. for the prior time of holding this court in the
ratpedive counties.
. I r
07 See chap. 54. a. fed. 15. for the days of commencing this.court in tlie refpec..
tine counties heretofore, le For the exitting alterations in there courts, fee art. 6, of the contlitutlon of
this flute of June 5792.chap. 19, C. paired June 14,1793,-10d chap. 6t. c. patted
Feb. 7, 1794.
(a) In September 1776.
0 Fs- D-,R,L. KW AR E.
.rateaariesihould be Settled.on,feveral Officers therein
mentioned; inpurfuance thereof,. We the Reprefen-
;gives 'of this, itafe,. in AffernlIly, defire that it may
'be enae-tecf, < ,
' SEC TIODT 2,. 41iD belt ,enatted by the GeneralYlPin-hlyof
Delaware, and it k hereby enaeted by the authority
oftheifame,. That the'feveral yearly falaries and alr. Salaries of the
los,Va.nces herein after mentioned,, [ball be fettled upon following ofR..
and.rnade to the folloWing officers, 'during their conti- ""'
nuance in office; 'to wit;
The Prefident or Chief. lyIagiftrate-7.The Chief Juf-fice
and the .other Jun:ices of the Supreme Court,
The .Chief JAces and the other Juftices of the
Courts.of Common Pleas and Orphans Courts JUdge
of the AdmiraltyThe Members of the Council and
Alfernbly, and.alfo of the Privy. ,Council---The Clerk
and' other Officers appointed by the .Council,, as fet
forth in this. and the two following fe6p. No.-3, 4; all
of whieh were altered and fupplied in articles 2, 3, 0, of
the Conflitution sof this ftate, adopted in June, 1792.
---chap.. 6. c..paifed February 2, 1793and chap,.
' '27. ,c. feds. 4, 5, 20, 21 .22, 23, except Judge of
the Admiralty whofe juriaktion is taken away and
given to the United States_by their.Conftitution fram-ed
in Sepiember 1787, in article 3, fed. 2.
SECT. 5. "Ind he it further enaeled by the authority
aforefaid, That all fines and forfeitures hereafter-ac-cruing
or arifing within this ftate, (hall- belong to,
and be for the ute of the fame, and fhall be paid by
the Sheriffs, or other perfons authorifed to receive
the fame, in each county, to the Treafurer of fuch
county where fuch fine fhall be impofed or forfeiture
happen, within two months after he [ball receive the
farhe, under the penalty of double the Cum coming
to his hands, to be fued for and recovered by the
Treafurer in the name of the Delaware State, by ac-tion
of debt, bill or plaint ; ). and the fame fines,
forfeiture's and 'penalties, fhall be liable to the joint
draughts
(b) All Inch lines and forfeitures made payable to the State Treafurer within fix-ty
days by every Officer who may have the colleaion of the fame, etc. which Ice in
chap. z8. c. feet. 2, miffed June ts, 1793. Ste alfo chap. 1+3, b. feas. 7, g.
led Febtuary 3, 1787.
C H A P.
All fines and
forfeitures to
the ufe of the
Rate.
1777.
405
*6(.16 LAW'S OF THE STATE
C H A P. draughts Of the Speakers of the two 'Mules, drawn VI,
1/4...-v--....., by the orders of the faiiie, 'and neotherwife. (c)
11777. 'SECT. 6. Proilided alitiays, and be it eliaffed by the
Fines, Fee. by authority aforefaid, That it fhall and may 'be lawful
whom to be
remitted, for the 'Prefident 'and 'Commander in 'Chief 'for* the
'tiMe' being, with the 'advice and' COnfent Of die Privy
Council, to remit 'fines and releafe forfeitures Upon
the recommendation Of the Judges Of thofe courts
, Wherein fuch fines niay be'impOfed Or'forfeiftires .hap-pen
upon convidion.before them. (d).
Inter& arifing SECT. 7. kid.- be it further enaeIed. by the 'authority
in Loan omcc -aforefaid, That the 'intereft Monies arifing froth any to be the fund r.
for payment of or the bills Of credit,.. emitted or to be eniitted on
thernual fala. 'loan in this itate, (hall be the fund for the payment tics alorefaid, of the yearly falaries herein before made and fettled
'upon the Prefident Or Commander in Chief, the Jill.-
tices of the Stipierne Court and" Courtsof .COMmon
Pleas, "and jUdge Of the'Admiralty, whole refpe6tive
receipts, or orders and receipts, for the lathe, falaries,
Mall be a fiafficient dilcharge to any of the Truftees
of the Loan Offices in this ftate for the arm:hint' there-of
refpe6tively, and the Innis fo paid than be allowed
to them by the Committees of the General Affeinbly,
aPpointed from' time' co time to fettle and 'adjuft their
accounts, any law, claftoth or ufige to the contrary
notwithftanding. (e)
Paled February 2,2's 1 7 'j 7.
CHAP.
() In fat, 5, offaid chap, 28. c, appropriated to the dilcharge of the falaries of
e Chancellor and judges.
(I) This power vetted in the Governor in fad. 9. of art! I of the conflitution
adopted in June 1792.
(e) This fat. 7. altered and fupplicd in chap. 90. b, fat, 6, paffed Feb. 5, I7S2.
OF DELAW ARE. 607
C H A, P. VII. b.
,dts- 'ACT for the recovery of a fion of money due from
..13!oz :Manlove, Of the 'cokinly of Srfex, to the Dela-iiiare
State.
WHEREAS 'the laid Boaz Manlove, as one of Preamble.
the 'figners of the bills' al Credit'of this itate,
appointed in the *gt`Of .Aite'nibly, 'paired in the year
One iThoufand Seven 'hinidred and Seventy-five, in-titled,
An ael for emitting thef4m of.7.)irty rhoufand
Pounds in bills of credit On loan, dud 'providing a fund
for paynient of fialic debts, (a) did 'receive the frau
of Ten Thoufand Minds of the laid bills of credit,
being the Suffex, 'cotinty quota of - the .faid thin of
Thirty. 'Thoufand'POunds, to be. by! fig;ried,
&red 'and deliVered to John ROdi-ley, elquite, of
SuiteX county -dfcirefaid, as Truitee of the 6erieral
Loan Office of the faid county ; of Which faid (urn
Of Ten Thoufand'PoUnds the laid Boaz Manlove hath
delivered as afOrefaid the fiiin of 'Nine Thoufand Six
Hundred and Twenty POUnds Onty, and the refidue
thereof, to Wit, the filth of Three Trurideed and Eigh-ty
Pounds, the laid BdazMá1thehdth, hi 'violation
of the public fruit repofed in hitnas 'retained
and flail cloth' retain' in' his hands,
SECTION z. Ancl'taereasi fundry'eXpenees rci the a-mount
of Ten Pounds have incurred' to this flare in
and about the fummoning, and endeavouring to arreft
the laid Boaz Manlove for his contempt of the orders
of the Affembly touching the premifes ; to the end
therefore, that the public debt aforefaid may be ren-dered
more fedure.until a 16gat-recOiTry thereof can
be, had,
Sim 3. Be 11'enni7ed 'theibetie,ratAfein bly of De- Lands of Boas
laiiihre, and it is hereby .ilifidled by the. 'authority 'of the ru:itotsteomtialede
fame, That all and' fingular the' lands' and tenements payment of his
Of the fid Boiz in' the' ddanty Of Suitex debt to the Bate.
forefaid, or in any otherouniy in iliftale, to Which
he
'psi 'See before chap. ijis. a.
C H A P.
vu.
1777-
6o3 LAi\V;;S: OF .T HE -S TATE
C Id A P. he the laid Boaz Manlove is intitled either in law or
equity, are he.rdby m'ade chargeablefand:fubje61 to the
1777 payment :of the aforefaid fum of Three Hundred and
Eighty Pounds and the, intereft thereon due,- apd..to
become due, at the rate,of fiveper, cent. from the, firft
day of April laft paft 'until the fame thaill.be, delivered
and paid to the Truftee of the General Loan Office
for Suffex county...aforefaid : Andi,alfo, the f,arther
furn of Ten Pounds and intereft thereon- due, and to
become due, at the'rate of fix Per cent. from the twer4-
third day of January 'fait pail until the 'Tune fhall be,
paid to the T'rultee as aforefaid.
Petfon appoint- SECT. 4., And be it further enatied, That the laid,
debt.
ed to fue tor laid John Rodney is hereby ciireded and required as loon
as cOnveniently niay be, in the name and for the ufe
of the lpelaware State to fue for and recover the 'aid:
fum of Three Hundred and Eighty Pounds, and like-wife
the aforefaid,fum of Teri Pounds, together with
the intereft for the fame fums refpedively,, frotn'thq
laid Boaz Manlove, his executors or admtniftrarCirs,
by a6tion of debt in any Court of .'Cornmon Pleas or
Supreme Court in this ftate; and whensthe fame rums
are recovered and received to difpofe of the laid
Three Hundred and Eighty Pounds, and intereft as
aforefaid, to the like ufes as by the faid recited a&
is dire6ted as to other monies coming to his hands by
virtue thereof, and the laid Ten .Pounds, and intereft
as aforefaid, to be dilpofed of as the General Alrembly
!hall hereafter dire&
Papa February 22, 1 7 77.
C H A P. VIII. b.
1777. An ACTfor printing and emitting Fifteen rhotrfand Pounds
in bills of credit of this flate, to be let out on loan ;
and for .firiking the further fum of T'en Thou/and Pounds
in Ach bilis for the ufe of this 'late, and for providing a
fund for finking t he fame.
Predinble. WHEREAS it is expedient and neceffary to
fitike and make current an additional lum cm"
Twenty-
11.: A W A 609
twerityhfive!Ths.otifarid rzPoundsn iiiifs).'of !Credit, in C H A!
. this qtate,6 as wellifPrAhe,iftipportiollih&goverirtnerit
thereof MI dir,lonoribleimannti, as for its i defence )177
agginft' the /Ainjuft 'dud/ chid: ati&upts of the King of
'Great, Britain/ to-inflavid the oilcl.'people 'thereof,- and
foritarrying omtheqracle and-cbm merce thCfame.;
We the Reprefentatives of the freemen of this ftate,
hi:Men-1151y; being;..defiroui to :ex&monrfelves with
. the uttn6ft vigour / M.,/ the defenCe of OUT, ilia rights
and libe'rtilis againfV:all /the en'etilies'therebf, /und to
fupport our prelent government .irralfditable' man-ner,
agreed to 'give, the fum of Vifteen,Thoutancl
Pounds in bills of .'credit to be let/thit' On loan; 'and
the of Teri: Thouland: Pounds infuch bifls of
credit for the defence of this ftate, and defirfe,that it
May be eimaed:;
SECTION 2. And be it .'ettenc,7ed by 'the Cineral .4flembly of
ljelaivate eta it is ' hei,ekfeitatied .by the;.anthority of the
pone, Th.& indented-- bills of credit t`o. the value of rwegt,fi,e
Twenty-:five Thoirfaird Pounds, lawful, money of
America, before the Ifirfl.,!day.OfMay. in the ftrock. in Mils of
'yeb.r Of our Lord; One Thouland,SeVen 'Hundred and c'edit/
Seventy-leven, be, piefiared and/printedOngOod ftrong
paper, under ith.e I care: and( dirdtibn Of, John :Lea,
Jonathan Robinfon, and-Jacob-Stout, gentlemen, or
any two of 11;61'1,1 and at the- public, charge, to be
defrayed Out .OP:the intereft :moneynthat.hath arifen
*or [ball mile' Upon the/loan-6f any bills of)cred it for-merly
emitted, or to be rc-emittec14Iby' any of the
truftees Of the Loin Offices of .this, late ;-. which
/bills- Than be made-in the_nianner andiforin following,
-and no otherwife, ;
- :" Thisindentett bi IL [ball pals. currentfor . Forms of bills. ----within the Delaware'flatc, according to
an 'aft of -General Afferably: of he faid itate; made
in the year of bur Lord One Thoufand -Seven Hun-dred.,
and Seventy-fix. Dated the hilt. day of May,
1777.7
SECT. 3. And the faille bills [ball be printed with
the fums .of' money fOr Which every of 'the thid
is to pals in words at length at the. top of each biil,
and
6i .o
C H A P.
VIII.
1777.
Number and
denominations
thereof.
LAWS OF THE STATt
and fuch devices, on, the fame: as,the faid John Lea.,.
Jonathan Robinfon and Jacob,Stout, or, any, twO, of
them, thall think At. to area, as well, to prey=
counterfeits as to, diitinguifhi their feVietal denOrnina-dons
; each of which bills, fall be, of the fev_eral
and refpeftive denominations .following, and no other,
to Wit ;
Nine tlioufand eight hundred of the caid bills, the
fum of Twenty Shillings value, in eac,h ,of them.
Nine thoufand eight hundred a the laid bills, :the
fum of Ten Shillings in each of them.
Nine thoufand eight hundred Of the faid; hills, the
fum of Six Shillings in each of them,.
Nine thoufand eight hundred of the faid hills, the
futn of Five Shillings in each of them.
Nine thoufand eight hundred of the. laid, bills, the
fum of Four Shillings in each of them.
Nine thoufand eight hundred of the laid, hills, the
fum of Two Shillings and Six-pence in. each, of them.
Nine thoufand eight hundred, of the laid bills, the
fum of One Shilling and Six-pence in each a them.
Nine thoufand eight hundted.of the faid bills,, the
fum of One Shilling in each of diem.
Five thoufand four hundred and fifty-aye of the
faid bills, the fum of Nine-pence in each of- them.
Five thoufand four hundred and fifty-four of tile
laid bills, the film of Six-pence in each of them.
Five thoufand four hundred and fifiy4our a; the
faid bills, the fum of Four-pence in each of them.
Five thoufand four hundred and fifty-five Of the
faid bills, the 'cum of Three-pence in each of
SECT. 4. And the laid John Lea, Jonathan Psobin-fon
and Jacob Stout, or any two of them, than ufe
the utmoft care, attention and diligence, during the
printing the laid bills, that the number and amount
of them, according to their refpeaive denominations.
and value aforefaid, be not exceeded, nor any clan-cieftine
or fraudulent pra&ices ufed by the.printer,
fervants, or ally perfon concerned therein.
SECT. 5. And for the perfed-ing the laid bills, to
make them current within this ftate accdrding to-the
true intentand meaningofl this aa, Be ii enaaed by
the authority afoqfaid, Tipt all and every of the laid
bills
.0,17-'DDLAW-A1tE. 6r t
bills. above the value of Nine-pence, (hall be figned
And numbered by any tWO of the perfons following,
to wit, John Thon-ipfon,John Wiltbank, John Jones,
Abraham Robinfon, 'Alexander Porter, John Clark, Signels names.
Richard Lockwood, John Laws, Jofhua Hill; and
all and every of the aid bills under the value of One
Shilling, 'hall be' figned and numbered by any dne
of the perfon§ aforefaid, who are hereby nominated
and appointed to be the figners of the faid bills, and
fhall, before they prefume to receive any of the faid
bills of credit, take an oath to the following die&
rhat they will well and truly fign and number all the bills of
credit thatfl.mll come to their hands for that purpofe by the di,
realms' Of this aft, and the fame fo figned and numbered.
will deliver, or caufe to be delivered, unto the rrylees of
'the refpeaive General Loan Offices of this little, purfuant
to the direaions of this aa.
SECT 6. And the laid John Lea, Jonathan Ro,
.binfon and ',JA.Ob Stout, or any two of them, after
the laid bills are printed, (hail deliver them into the
hands of the faid figners to be figned and numbered,
who fhall give their receipts for the laid bills ; and
the faid figners than deliter to the Ttuftees hereafter
named, at the relpe6tive Loan Offices, all the laid
bills fo made, numbered and figned as afofefaid, in
the refpe&ive quotas or proportions hereafter limited
and ,appointed ; of all which laid bills of credit, fo
delivered to be figned and numbered, a true account
than be kept by the figners, who, upon their delivery
of the laid quotas or proportions of the laid bills by
them figned And numbered 4 (hall -take the receipts
of the faid Truftees refpeaively, to charge them be
fore any Committee of the General Affembly, to be
appointed for that purpofe, and to that end the laid
accounts and receipts (hail be returned to the General
Affembly of this ftate at their next meeting after fign-ing
the faid bills : And the faid figners for their trou-ble,
care and diligence in doing what is required of
'them by this a6t, (hail each of them receive Ten and allowance?
Shillings for every thoufand bills by them lo figned
and numbered, to be paid them out of the intereft
money to arife in the Truttees hands of the refpec-tive
Loan Offices aforefaid, to be paid them by the
VOL. fa id
612 LAWS OF THE STATE
C Ft A P. ann. laid Truftees equally. And if any of the perfons
before nominated to be figners fhall happen to die or
1777. be rendered incapable of doing hk or their .duty, by
this aft required, it fhall and may be lawful for the
Members of the Council and Afrembly of that coun-ty
in this nate, where any fuch death or incapacity
than happen, to appoint another figner in the flead
of filch perlbn Co dying or rendered incapable as a-fbrefaid
; which faid perion or perions Co to be ap-pointed,
(hail take the lame qualifications as the fign-ers
in this a.6.t are appointed to take.
SECT. 7. And be it further enatied by the authority
aforefaid, That the fum of Eight Thoufand Three
Hundred and Thirty-three Pounds, Six Shillings and
Eight-pence, of the laid bills of credit, being figned
and numbered as aforefaid, (hail be by the faid figners
Truitees "rm. put into the hands of Richard MWilliam, efquire,
Truftee of the Loan Office for the county of New-
Caftle, and the like furn (hall be by then-1 put into
the hands of Cxfar Rodney, elquire, Truftee of the
Loan Office for the county of Kent, and the like mm
fball be by them put into the hands of John Rodney,
efquire, Truftee of the Loan Office for the county
of Suftex, or in cafe of death, into the bands of
their fuccefrors refpedively ;(a) which Truftees (hail
give their receipts for fuch bills as (ball be by them
received ; which receipts, as alfo the receipts given
by the figners, (hail be delivered to the Houle of
Aftembly of this ftate at their next Seffions, after the
dates of the laid receipts.
To let out Fit. SECT. 8. And be it further enanted by the authority
teen Thourand aforefaid, That the laid Truftees !hall and they are Pounds, part of
the laid bilh, on hereby authorized and clireacd to let out on loan,
Five Thoufand Pounds of the laid bill3 of credit,
in each county of this {tate, to fuch freeholders with-in
the fame as fball apply for and be intitled to receive
the fame, in any proportion not lefs than Twenty nor
exceeding One Hundred and Twenty Pounds to one
perfon, and in the manner, and for the time, a,nd
upon
(a) Vor after appoirtmems fee chap. 51. b.--chap. 74. h fca-- 3.--chaP. 113.11,4
fiat. 14.chap. 192. b.--cltap. 217. b.chap. 4i. c.chap. 7s. C.
OF .DELAW:ARE. 6r 3
upon the like fecuritics and terms as is prefcribed by c 1:g1P
an da Of Affenibly, paffed the fecond day Of Septem-ber,
in the. year. of our Lord One Thoufand Seven "77'
Hundred and Seventy-five, intitled, An abl for emit-ting'the
fun' if Thirty Thou/and Pounds in bills of credit
on loan, and providing a fund for the payment of public
debts'. (b)
SECT. 9: And be it further enaEled by the autho'rtiy Bills or credit
afurefaid, That the laid new bills of 'credit hereby di- lawful tender.
re6ted to be made and,figned as-afOrefaid, (hall, from
and after the firft day of May next, be current bills
of this ftate for the payment and clifcharge of all man-lier
of debts; rents, fum and films of money whatfo-ever
due, payable or arifitigupon, or by reafon of any
mortgage, bond, bill, fpecialty, note, book account,
promife, affumption, or any other contra& or caufe
whatfoever,. as if the fame was tendered or paid in
the coins mentioned in fuch Mortgage or other 'writing,
book account, promife, affumption, or in any other
contra& whatfoever, and fhall be fo received in all
payments by all perfons whatibever.(c)
SECT. to. And be it further enabled by the authority Trullees to give
aforefaid, That each of the Truftees of the Loan
Offices in this itate, before he enters upon the ekecu-don
Of the truft repofed in himhy this ad., (ball enter
into bond with two good fureties; for the fums deliver-ed
intd his hands and poffeffiOn, to the Prefident or
Cornmander in Chief Of this ftate for the time being,
and his ii.leceffors, conditioned for the faithful -dill.
charge' of the truft and performance of all and every
the atfts, matters and things enjoined and required of
hini by this a6t, and. fhall alfo take an oath or affir-mation
before Come Juitice of the Peace, to be en-darted
0) Chap. 130. a.See alfo chap. 15. h. paired Dec. zo, 1777. making other
difpofition of fuch of the laid quotas of the fame bills of credit, in this feel. 5. direEl-ed
to be let. out on loan in the counties of Kent and StlfiX, 35 then remained in the
offices there.
(c) The operation of this chute furpended by chap. H. b. paired November 4,
1780, for one month, and from thence until the end of the fitting of the General
Alterably next thereafter.At the faid next fitting, viz. February 12, 178 I . in chap.
71. h. fats. 28, zo, 37. repealed, &c.Sce alfo chap. 113. b. fees. zi 3 5 pail.
ed February 5, 178s, direeting the exchange of all bills of credit theretofore emitted,
at the rate of One Pound for every Seventy-five Pounds brought in, %%Melt was limit-ed,
as to refidents, to the firlt of Augult then next, and as to non-iefidents to the tial.
of November following, and thereafter to be burnt and deilreyed,
614 LAWS OF THE STATE
CHAP dorfed on the faid bond, in the words following,
Wit ;
1777. I, A, B, will, to the bell Of my Jkill and knowledge,
Their qualifica-faithfielly, impartially and truly perform and difcharge the
tion, trill required of me by an a8 of General "Tenthly of this
hate, intituled, " An a7 for printing and emitting. Fifteen
Thorley& Pounds of the bills of credit of this fiate, to b'e
let out on loan; and for firiking the further funs of Yen
Thoufand Pounds in fuch bills for the ufe of this fiate, and
for providing a fixdfor finking the fame," fo that none may
be prejudiced by my cogent, privity or procurement, and
that I will not lend gni for, or apply or appropriate to, my
own private Iffe or benefit, or the ufe or benefit of any other
perfonurperfons zethatfoever, any of the monies to me intrtifl-ed,
otherwife than according to the diraions, true intent
and meaning of the faid at1.
Traces bonds SECT, II, And the faid bonds with the .endorfe-to
be recorded. merits aforefaid, ihall be delivered into the office- of
the Secretary of fhis itate, to be by him recorded ;
and in cafe the laid bonds or any of them Ihall in any
wife be forfeited, the fame (ball be fued and profecut-ed,
and the penalties thereof recovered for the benefit,
advantage and ufe of the Itate.
Power of Trull. SECT. 2. And b it further enaRed by the authority
tecs; aforefaid, That the laid Truflees (hall have the like
power and authority, to lend out and manage the faid
Fifteen Thouland Pounds, that they are iefted with
refpee.ting the Thirty Thoufand Pounds put into their
hands by virtue of the at of Affembly before men-tioned,
and (hall keep fair accouts or all their pro-ceedings,
and condu& themfelves in all things as by
the laid a& is direded; and the faid Truftees (hall
have and receive for their trouble and fervice in carry-ing
this a& into execution, an additional fum of
their allowance. Twenty Pounds per anom each, over and above the
Thirty Pounds per annum allowed by the aforefaid ad,
during the continuance of their truft, out of the hue-reft
money arifing by this ata.
SECT. 13. And whereas the late change of the go,
vernment of this ftate(d) renders i t neceffary to alter
the
(ft) To wit, under the conftitution or (yam adopted in September ;776,
0 ):';# L A VrA R 615
the Mode of acContiting With the faid!Truftees, and' c HA P.
the Power. of difpofing Of the interefttrioney arifingcy-frOin.
the loan Of the Thirty Thoufand, Minds-emit-2 1777' -
ted by Virtue Of. the' before meritioned ata, Be it there- To account at
fore'eriaeledby the authority afotefaid, That the -refpe'c.=
tive Truftees. Wall, from and after the PiabliCatiOrVof Committees of
tfiis aa, eXhibit once'in every'yea:r or oftener, their tflettne iGyen. eral
accounts aforefaid; and produce their books and other
voucher's,' together with all monies remaining in their
hands, UntO the Corriniittees of the General ,Affernbly
appointed:for that purpofe, which fhall cbrifift of three
perfons, two to be appointed. by the Affembly and One
by the Council,. and' Who fhall'cOtint.the 'Money
and fettle and adjuft the faid'aceounts, and make re-port
thereof to the tWo Houres ; (0' and all the intereft
money received by the faid Truftees by Virtue of the
before mentioned aa, or this prefent ha, from time
to time., being accounted for, and the falaries and
charges allowed for by the faid ads being deduthd, the
relidue of the intereft' Money arifing from the loan of
the whole Forty-fiVe. Thotifand Pounds, fhall be difpo, 1011 bteeredV107.ende Yo f
fed of as the .General Aftembly of this ftate fhall dire & by the General
and appoint,' arid not otherwife; 'and as for and con-: Affeinbly.
cerning a.11)/early quotas and ',Orients in the bills
aforefaid (part of theprincipal furris tO'be emitted and
re-emitted upon loan, as this arid theliforefaid
ma) which by virtue4hereof or of any Mortgage or fe-curity
heretofore talq.h , or to be taken as aforefaid;
fhall be recovered or ieceived, and. remaining in the
hands of the Truftees refpe&ively, on'the firft day of
January, which Will be in theyear of bur Lord One
thoufand Se,ven Hundred and Eighty-eight, the faid
refpeaive Truftees (hall, frOm tithe to time as they
come to theirhands, exhibit the.i.aid bills of credit to How bills to be
the aforefaid Committees of the' 'General Aftembly, dcaroyod.
who, having duly examined and compared the acne,
thall
(e) See chap. 74. b. puffed Pah 12, :78r, a rpecial appointment of perfons to (tate
and fettle all the accounisiorthe feveral Loan Offices in the erase, See. from June 1,
1774, to June 1,178 IAn d fee chap. 113. b Anno :78s, feEt. 13 And .1r. feechap.
143. b. led. 1. Antto 1787', authorifing " The Auditor a Accounts" to call upon
perfons or their Reprefentativca who Chan be poffeffed of any other mortgages, pledges, or rceurities, monies, goods, or cffedts belonging to this Itate to account for the fameand chap. 229. bacit, 6. pared January 29, 1791.