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OF LAW ' PASSED ' fa Session of the General Assembly, BEGUN AND HOLDEN AT DOVER, 401V: MONDAY THE SIXTH, AND ENDED ON THURSDAY . THE FIFTEENTH DAY OF APRIL, ' g IN THE YEAR OF OUR LORD, ONE THOUSAND MGM" HIMMEL) AND THIRTEEN, - AND ' vr TUX 1/./ D2P. BN. DENCE. OP TUB .4: ITICITEp STATES OF AMERICA, THE THIRTY- SEVENTH. PUIILISRED By AUTUORITY. POVERAUGUSTUS M. SCHEE-" PRINT. ; k 1_ 813.
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|Laws of the State of Delaware - Volume 05
|Date Original
|Laws of the State of Delaware. Passed at a Session of the General Assembly, Begun and Holden at Dover, on Monday the Sixth, and Ended on Thursday the Fifteenth Day of April, in the Year of Our Lord, One Thousand Eight Hundred and Thirteen. Volume V, Part I.
|Delaware General Assembly
|Dover - Augustus M. Schee - Print
|Department of State
|Full Text
|OF LAW 'PASSED 'fa Session of the General Assembly, BEGUN AND HOLDEN AT DOVER, 401V: MONDAY THE SIXTH, AND ENDED ON THURSDAY . THE FIFTEENTH DAY OF APRIL, ' g IN THE YEAR OF OUR LORD, ONE THOUSAND MGM" HIMMEL) AND THIRTEEN, - AND 'vr TUX 1/./D2P.BN.DENCE. OP TUB .4: ITICITEp STATES OF AMERICA, THE THIRTY-SEVENTH. PUIILISRED By AUTUORITY. POVERAUGUSTUS M. SCHEE-"PRINT. ;k 1_813. , , j, :r 0?" , rjsr 4,44"roNAINVNre..r..".""p".tr: 1 1 t rril / tote of ditliv - aet: CHAPTER: 1. A SUPPLE,MENT to the act entitled; "Az act tom. 4. clio.pi ' 239. p. 62t. incmporate a company, for making an artificial roadfromihe borough' of,WilMingten, on theeast side of Brandywine bridge,, to the Pennsylvania line, in the route leading to the city of Philadel-phia:. - L,. ,- , HEREAS'in and by ,t,lie,aet.'to.which this is Preamble. _ a supplement; General 'TlicitnaS .Ahhinson, John Bellach, Janies.Grubb, John Elliott, Edward Tatnall, Adam Williamson, William Hemphill and Thomas Smith were appointed .comtnissioners to do.,. andperform the several duties therein mentioned and set forth ,AndAvhereas, the said commissibri-ers confOrrnity, to the act aforesaid; ott Or beforethe tenth.day. of March, then next follow- Z,ng thepasiing.Of the.saidact, procure a.book for the. purpose_ of, opening the :so.b.s.cripd,On to thesteCk of said company, nor give public notice in the newspapers of, the time and place, when and where the said.snhscription would be opened for the pur-pose of receiving subscriptions to the stock of said' company eNlio4U wr," '** * . L LAWS OF .THE STATE CHAP. SEC. 1. BE IT THEREFORE ENACTED, by the Senate and House of Representatives of the State 18d. of Delaware, in Geueratilssernbly met, That the same commissioners appointedby the act to which this is a supplemeht, be and they are hereby authorized to do and perform all and singular, the several du-ties and services enjoined and required by the said iTnigt nbpc oiofk so pen-act that' is to say, they shall, on or before the tended to the tenth day of June next procure one or more books, 10th of June. and open the subscription to the stock of the said company in manner and form, as in and by the Said recited.act to which this is a supplement, is enjoin-ed and required ; and to do, execute and perfortn all and singular the matters and things touehing4he duties and services of Scommissioners, as therein Mentioned, set forth and required. PASSED AT DOVER, A/44/ 12, 1813. CHAPTER It.. An ACT to incooporato a comp.av to:malce all artificial road or tuinpilce, fi.om Christiana' Bridge in the county of Newcastle in this State, to the fricor land line, in a direction towards Ellyoza. SEC. 1. BE IT ENACTED by- the Senate and House of Representatives of the State Company and of Delarvare in General Assenzbly met, That a corn. purpose. pany be incorporated to make a turnpike road from Christiana-bridge, in the county of Newcastle, to the landing 4,the confluence of the big and little. Elk-creeks, inctcecil county in the state of Mary-land. Opening of books ; SEC. 2. And be it enacted, That subscription books be opened on or before the tenth.day of June next, at Christiana-bridge and at Elkton, for aca- Vio OF DEIAWAltg. . . pital. stock fot said company, of thirty .thousand Sh:ares..ef-fifty dellars,--eaCh, under' the - direction -of iliefonowm-g:cOrriniiisionets. 'pe any i.osmn-lission-one of thern-:'''fb - ven, Williard-Cooch; John Partridge, James Sew= al and-Williamli011ingSvverth, at such time as they Notkc or°. shall appoint they giving thirty days previousnopeningbooks tice 'thereof' 'in the Wilrohigton and altienaie g. .paid On newspapers : Provided thafithere shall be paid' th,,,ah sbare said commissioners at the time of Subscribing,--fivepq.at sub. dollars upon'eaCh share whickshall be subseribed,fOt SEC. 3.' And be it enacted, That when two bun-' dred;and fifty Shares of said stock shall haVe' been. Meeting- ot" siibscrit?edi the Commissioners shall give twenty subscribers 4. days notiee; as aforesaid, of the time and place notice thereof apt 1C0 for, the subscribers to meet, to organize saia"dompany, and to choose by ballot,' a pre6c1'ent Organizihg of and eight managers, five of whom shall form ad'e comP.a"Y; quorum, a tieasurer and such .other officers as they shaIrthink necessary to conduct the business of said company, until the first ,Monday in January there-after, and to make such by-law's as they shall deem Aral meet-necessary ; and onthe first Monday in January thereafteriri4aeh and-everry'ear;:said'emppany shaiF , meet for thedame purpoSei:at such. pladeas the pre-sident. and:mabagers-shall.app.oint and in all.elec-tions by the stockholders, each 'share shall be en-titled to one Vote : Provided nevertheless, that no person or company shall have more than ten votes. SEC. 4. And be it enacted, That the stockholders Stockholders in said company shall be, and they are hereby .Cre-: ai nncLoi tae tIn atedrand erected into a body politic and corporate, in powers of cor-deed and in law,' by the name, style and titleof theP"at'°". 4 Elk and Christiana turnpike company by'the same -nLme shall have'perpetual.succession, and all the priillecres and franchises-incident to a corpora tion ; and °shall be capable of suing and being sued, answering and being answered ; and shall be capable of enlarging the stock by new" subscriptions; if the same shall be fonnd necessary. 5 LAWS: OF THE STATE SEC. 5. And be-lit enacted,. That the sums, so sub-scribed shall be paid to the president and mana-gers aforesaid, in .the following manner :- one fourth thereof, including thesum:paid at the time of sub-scribing, at the end of one mouth ,after..,the elec-tion of the.managers, and the remainderin such sums and at such times as the president and managers shaltappoint, they giving thirty clays previous no-tice of the paymen ts.So 'required. S4c. 6. be it enacted, That the 'said com.pa-, Route; ny. shall open said road from said Christiana-bridge to Elk landing as aforesaid, as nearly straight as the nature of the country will admit, 'having re,. gard to hills and other obstructions, not more than 'Width or the road ; sixty-six feet wide, twenty feet in width of which shall be bedded with stone, gravel. or .other hard substance, and erect bridges over the streams css ing the same ; andafter the whole extent of said road When entitl'd shall have been opened, and two miles thereof peace- to take tolls, ted., said company shall be entitled to receive, toll.. Sap. 7. Ana be it enacted, That said company generat.pm.shall be, and hereby are invested and cloathed with era, dtcfof the all the privileges., rights -and' immunities, which company ; Wpre intecIde4 E to be held and possessed bythe,turn-pike company; incorpotatedby an acti. pOse.di. bit this General Assecnbly, at its session held in Janu;. ary, one thousand eight hundred and nine, entitled chap." An act.to incorporate a company for making an al. P. 241-) artificial road from the town of Newcastle,' in New, castle county, to the line of this State,- in the route or direction to French-town, on'Elk river;:in ccecii county, in. the state of Maryland,".. alici to: bo vented by the same regulations and; restrictions as, are.therein contained, and entitled tothe.sametolls; and every Clause and provision of the said.act tive to the road ,therein proposed to be mitio from, the toWn of Newcastle to the line of this .State, in the route or direction to French-town aforesaid, shall be in force as relates- to the road herein' con-templated, so fat' as'the same are applicable. Payment a sums subscri. bed. Or DELAWARE. 8., And be it enacted, That it shall be laut-Ebdtesliontld subscribd 'Rd -for .aq.teorporation or body; politic; in the u. ty. niteds-States; to,:beCome sUbilribers for stock in the said company, and to make transfers, of stock there-in, in-such Manner as said company shall prescribe. , SEC. 9. And be it enacted,' That'.if' said company .not Proceed to carry on said work within .threeLeg'sblmt years .after the passing o.,this act, ,orshall notT:YrIgumts sew. within ten,years thereafter, Complete the said 'road kianted by $ this aot in ca... it shall be. lawful for the Legislature of this State to tiin CASCI. resume the .rights, .privileges, liberties. and, .fran., china granted by this act to said company. PASSED AT. DOVER, April 14, 1813. CHAPTER III. . An ACT providing/or the general defence of the State of Delaware. 041, SEC' 'laHBoEu ,IsTe .. EoNf. ARCepTrEesDe nbtyu.t ithtees .Sofetnhaet eS taanted / :$-PXVrf.o3P rdia; Delaware, General As sembly:met, That the sutfrenl °nce oaf th-of D of ;fifteen:thousand .dollars in addition to the,sum state. d remaining:in the treasury .unexpended of the sum of twenty-five thousand dollars appropriated by the esnectiotnledd ,s ec"tAionn oafc tt.h teo aecnta obfl e;.hteh eG geonverearln oArs stoe mmbalkye, ctchdshueaeee.frvsfdfs r,ece'e,a : od tybnamb eiocineennmh gn:-ma doctinonehnedfm:necee utnmn etroexhdrimfespei nsd esytigh,nao emsonote efhrmse d e twu ih(iSlfhseiifnt ti iiacUchcahtele,neu r rs isadeot hnbeifanaddy n'lg D ld Sfaeh opptplaerarap triwyeveroos aata.hptftr oeteeres.i rtra)A h tpbeewgued a rho ipiinffncfoos;ihi-t.r said, Th,a2t.. tAhned s btaet eit t erenaascuterde rb bye tahue thaourtihzoerdit yt oa fboorer.., LAWS OF THE STATE The state trea-row frotn on'e or more of the banks of this States at surer authori-zed to bor. the usual rate of bank discount,, he supl.tof twenty row 820,000. thousand dollars,. or any part therecif aSexig,encies may in the opinion -off:the governor require. ToPhiladel-sell stock SEC. 3. And be it further enacted, That the state in phia bank. treasurer be, and he is hereby authorized to Sell the stock of this State; in the Philadelphia Bank,' for the best price he can obtain. To the or to pay odvere r SEC. 4: And be 'it Arther enacted, That the State of the gover- treasurer he, and he is hereby directed to pay over nor; the aforesaid sum of twenty thousand. dollars, to the governor or his order, from time to time as the Exception said sum or any ,part thereof may be required ; ' ; cept so much as is otherwise appropriated by the , sixth section of this act ; and that the governor at the next/session of the General Assembly, exhibit- -an account, shewing what sums have been drawn from mco'ara tobesaid treasurer, and the manner 'and purpcises exhibited. and to which the same have been applied.. Faith e SEC. 5. And be it further enacted, That the faith state l4ged of this State shall be, and the same is hereby so- 'oc).FrIoliartnent letnnly pledged for the payment Of the interest upon the said loan as it 'shall accrue ; and for the an,nual reimbursement of one eighth;of the princi-pal borrowed, both of which shall be made by the A state treasurer, out of any money in the treasury, P ot otherwise appropriated: Commission- SEC. 6. And be it further enacted, That Andrew ers to settle Ban.aL-E Edward Dingle, junior, and James and pass ac-counts. Black, be and they are hereby appointed conimis, sionerS on the part of the State, to liquidate and settle the accounts of all persons having demands against the State for articles which- have been fur-nished, and for services rendered under the orders of the governor, for the defence of the same ; and that the said Andrew Barrett, Edward Dinglejun. and James R. Black; or any two of them, be and they are hereby authorized and directed to pass 01+ 'DELA:WARE: ...,!..:,- .' , . , Y.. ,.. := ' ' .' ....'. .oitcfr accounts, 'and tlia:r, the said adoonritt when _CHAP, "certifi*If*:the::,Said.'"'COMMiSsiOnert or lily, two of ' theni;-;;;,Shahhepaid.antF.'satisfiedf:by the ttate'-trea- 1813. --,turer,;:iint'rany Monles'in;the state treasury, which. . Aill'beraited lz,36 the provisions of ihit.acti.. , - - . . '8.i6."7'Andte ihnacted, That the'governOr,shall'Govcrnor to, . . .. . . . . , -cause to)be laid before the said 'cothmittioners. r,.e -- lfaoyr er ethtuer ncso bme-- tuynt., in -.-.proper .columns and form,,. settingliirtkinissioners. .therianiet;-offfeert;_days -Service, pay, Tations'and'fol. 2,-,kage; with individual and aggregate eStimat& car- - ried ' out,,'-and--. noting- the -cases where rations and .' forage aredne,; and where they h'ave not been ter -'. ceiVed'.by i.hroSeeutitled to them. * . -,...."SEC.. 8. And b.0 ilaenacted That each of the saidcAon"vre t°' . . , ',mission.. ..COmMistiOnert while employed in the service as- eriffo. ..signed - them by this act, shall receive three dollars per day,: ..their services to be certified, and dra0;;,' - out of the-treasury by order of the governor under- . this act .;and that in case of the refusal., neglect, 6i; iliroalcvasnuci lied, :inability to serve of any of the- said.'commi5sioneis4 - PP - the .places of Such as are thereby rendez ed Vacantt,!; , shall be supplied by an appointment -by tl1e'gove0 nor, until the next session thereafter of- Gene; :rat ASSembly. ' ' ,SEC. '-'§.: And. be it -enacted That the state treasur- Co . . , mpensa- . . er shall receive in compensatio-onf th e terVices en- tireanwtroer the- . ' joined upon him by this act, One-fourth of one per . centum on all- the, Jrfoney 'received by him under. this act., ' ,. .. `..S. Ec. 10'. 'Anclbe it enacted,. That the governor be Appropria- '. . , and he it hereby authorized to apply' to Much of the !ion for print- ... mg general money ails' by this act ,appropriated; as he than orders. .. deem to be necessary, for printinghis generaforders, to the officertof' the'rriilitia of the.State, . . B. 9 SECRETARY'S OF-FICE,. DOVER, ,APRIL 30, 1813. I do certify, that in obedience to, the directions of an Act of the Gene-ral Assembly of the :State of ela-ware, 'have collated with and.Cor.1 rected by, the original rolls, this e-dition Of the laws, passed during the last session of the General Assenibly. WILLARD' HALL, Secretary of the State of Delaware.- 4 . ' ait ,,Eipop:/".:,,.4%.*D HOLDEN AT pov:1r!,. ,, ON MONDATHE TWENITY-FOURTH, AND ENDED ON 11464Y-1'14E TWENTY-EiGHTH DAY OF MAY, ITIE 'YEAR OF OUR LORDS ONE THOtISAND EIGHT HUNDRED AND,THIETEEN, -". ' AND OF TH2 iNnEPErmiczakOF ,TH2 UNITED STATES OF AMERICA, " , THE THIRTY-SEVENTH. POBLISHHD HY AUTHORTTY. .r.r.r,rsow\nnnev DOVER14.UGUSTUS M. SCHEEPRINT: 1813, ; t', , , essjon he General Assembly st.itimmv...rAiNr.r.r,r.r.#4.e."""e.r.f sroisv.r.r..ki7-e" An AC1.'; ccding to he United States of America the juris' diation which this State has over the Pear. patch, on certain condition's therein mentioned. The right of zBE.IT ENACTED, the Senate andthe State to SEC. A.: ." Jurisdiction ' House of Repre,sentatives'' of tliesou of the Pea, State of Delaware:in .0eneral Assembly metiThatllfftihe the right,. titlennd. Claim'-whieh this..State-has to State*; the jitriiilictiOn and soil of thàislad in the Dela-ware, Coinmorilylealled the Pea-patch, beartd the mime is hereby ,ceded to the State-6 of Anie--, rica, for'the purpose of erecting forts, .batteries and fortifications, for the protection of. the river Dela,pondition ware and the adjacent country ; upon the condi- at etxspeernset of tion nevertheless, that the said forts, batteries and UnitedsStiates; fortifications shall be-erected and kept up at the:Isjtraotceeesxecutthel expense of the United States, andalsO that all pro- in the island cess, civil and criminal, issuing under the author-"del ity of this State may be executed and served with-in the place, the jurisdiction of which is as aforesaid, in the same !banner ash eriebfy ceiidteYd such cession had been made: PASSED, MaiiQ7, 1813. - CHAPTER IV. .-LAWS : Or. Trik -STATE . . CHAP. .. ' 1813. V. An ACT to povid.;;,16;tirpOrttr.;:potdiiig the court.0 at other places than is .nozp..eStabliShed,tly .14w, and . ' '4,'....; .- *-,- ,::r ..i.4 ...- ).P...-.',4-, - - , ) ',1.- ... ,,-. ,,,,1..L, di, 1!, , for thesec:mitt', of theipttAlic papers.. . . . . . . -1IiE. IT ENACTED, b.lit4§elicitg. Ond SEC. 1'. liOia.1, 61 igpii4Ohi4iies'of the State of Delaware, in General AiSeinlitg rile' t," ' That in In cases of. case of the invasion of thiS Stat6-6y a foreign Invasion, , i : enemy,. or in..case a, ragitIg'si.cicRess, shall .preVal.1: irk Raging skk- the towns of Newcastle, Dover or,Oeorgetown,.or'in cnaes'34tle'a,tp'Npeywe; either or any of the said towns, or in case of the im-or George- In inerit danger of the iniaSion' of this State by any-rmwmniment foreign enemy, or in case of any other great and 'orr danger of in, g'efiCriea.-sSity, it shall and 'limy' ' be .1dWful Tor the vasion, Other u rgent Chancellor,. t, he joderrs es of theisu preme .1conri, or any necessity ; two,'ofthem, the judges of thereOurt.: Of .coretnen pleas.or any two of them, and the jtidges Of the high 'court of errors and appeals or any fotirof them, re- .,; ... , ,spectively, from time to time, to! appoint-451i, 1 h1oPri-dPi.u14gf-e s other. place-in each of the, counties of .tiliS-Statseo m.reef-o , . , . courts marb.epectively,, for holding and keeping. said i courts appointed ; that is to 6ay the:chartgellor Shall appoint thelilaCe, appointing foKithe c ourt,of chancery and .orpha.ns court ; the such place ; judges of the supreme court orant.tWo.of..theM they place. for, the suprope court ; t ie judges: of the .' court of common pleasnr, any two of them' theplace for the court of ,common.pleas, and the judges of the high court of errors.and appeals or any fQ.ur of Them the.place for, the high court of errors, and, ap.r. peals, And the chancellor and the judges of Ale Notice of Said courts respectively, shall cause due and public place appoint. notice tnbegiven of such place or places for holding: ed ; and keeping said courts: And, all appeals,, writs of error, bills, actions, ,snits, indictmentsi ., airsvverk, Process re-turned to ; pleas, commissions, writS,:,proCesp,es,;44ii)orkd,s, god,: all other proceedings, matters and things whatsoever relating to any cause at law or..in equity, ..ciVit or criminal, depending, or returnalale to he high cogrt OP .0tLAVVAItt. .. . of cirots and ,appeais t.'.tO,..tne court of Ch$ncery:Cif, 94r. orphang'k'cOUrt, t.9.,the',0600.1016'Court; tO;tiridebUtt of eoiiinion j)leas.'br,to,!the,-;''Conrt.of f gene:41 qar 13. 'ter 'adsaioria of the peaCe,atid gabl;;Aelivery,',1 in any' suth contity; shall be, and re,niaitir in full,' ,fOrC6 ate be refkonhltit.O,.t he coprt*:which lileire§PectiNfe=, iy.baAit,, at :the place ,Or places itSpeCtWely.whithTiriaelsat such ..shaWO,'Ok::aforesaid be' *pointed in.,,the.aaid7 ac ties respectively, and shal11e heard, tiieI arid de- tidàthe' or,riSi cek, so as .afOreiaid specOdly-oppointed in as full-'and:aMple. manna as any appeals, Writ of ,er'ror,;. bill; ActiOri,, 'in- dictment, :ans:,,yer, Pick; writ,. kocea,s; bail bond =and oi,tior propeecting;.:thitei. dr,thng now can be tried, ..lieard.arid. determined, at the place in each connty ;respectively, ,noviifiked by law .fOr .70 Provisosuch the COOrtkof this State' 4_ ,Tropided,; if hat no anth Ao-Oppointment pOintine.. nt,fOr.holding.and::4Ceping,any- of the.aai.9, 0p)nlhyafvoer epaerc-t coon's at'lany, guell'plaee .Or places, shalt be of any ticular term ; foro, or effect lodger than for the particUlar term of any Such cOnft, respectively, fOr 'whiCh, such ap-pointment be Made. And all linsirieSS de-p'ending hearing;!trial argunient or indknient at the end Of the term or terms .1164 at any such specially:appOintedplade, ahal):at.;the,cfosebf term.Or ternis' bd 'consi,dered;Ws Of cohrae 'removed' tOthe-pfice.in each ,coLrntyleSpectively,-..:116.fikWa and eStahlisbcd.'hY, law forlolding and keeping:the . courts; ..butauCh, appointments may be madeas. 'aforcSaid*oin time to tin)e, a8.any of the igenci es aigrcisZ;4 aforesaid Or 'any other great and urgent nebesSity appointment shall happen: And the;.th'inecllor and the jucliesi,°y or any twO or four of them, as aforesaid, shall de-journal.. ferninie 'On the eldgency or- necessity frOin tidie: to time iequiring the eiCrciseqlfthe iirOviSiOns of tiffs 40: Sian, eitaekii. 'eattkoiitij, afd- .iitid, That the 'clikridellbr add any o'ne-df,the judges . count'Sr.,in .WhiChtlie-Chandelldr shill reside, cAeruttairntsleitt or Ady fv,VO-of thejudgres.in either of 'theiotlier casuse re- &r to State;S1il1lia6pok!,:Fer,anif'ri:tithOr9ty 1.11 be removed re LAW! OF STATE: °f.Pa.fe' case, of *invasion of this,State.hy ty.in several 7 " COLVItteS;.,,, , case a.iaging.sleko:0,k4 all prevaiI i Th;i..1*- tow..n.s; of .Newcastle, DOver:Or'Peorgetown,ok;ineithet op any said ':.toWns,: or in.pase,of.'.inyninen,t get of the invasion of thiSSt*,kii.a 'foreign, enojc, my, .orin'.:Ose.of any Other great; and:orgent,':neces,,! sity,; to hele.tierinined.On hy,the,,c1.6ncoltOiAr,:.br.: thechaneellond any one Of the jiidgesofthe in which the c h a xi e ll,O011 al 1:-resi of the.judes in 'either. of the other O.Oulitiei-of this; State, to, pause... e record s;ya pm, ',1,',P,c6):01?9,910 and doèuinents belonging to the affice of,yegister' of the eonit of chancery, phanS,', &pit, of thk; cleTkof tho, .the prothonotary ,orth6,04t-.Of.COS411,0/.1.1)10; the rcgister fbr the PrOhate;of.,wii:ls;and-graKiting,;' letters ;,of,'ad m niitration;;.:Of,.the ,clerk Of.; the. peace of Ae.,record,er, of 'deeds,- ,and`.. Of ;slier*, l'esOgo%:: tively, inthe :seye41:counties ti be to some .safety;iw, All records, the each of,the said cOunties respectively.; id that-all. a&tc t. hteo sbaem kee pt said records,- papers, record books and .ments . place ; be 'kept at the same place;. and .411:. ordersjorAc. MOrOdevras lfIotor wre - removal of such records, ''rePOrd-boOlis given ; documents -shall, be given, irv.writiogkan.0 signecl by the chancellor and judges,. as 'aforesaid':' Andwrits and other process !bay be issued and s,ned-Ont .at Wsnreitdsh, oikwc .13-such places,, but shall be tested- at and made retnrn. tested and re.able to..the places noW.established by law in the turn/ble veral counties for hot4ing the said Courts.: Prot:Ada, that the register for the probate of wills and grant- Proviscias - to register of ing letters of administration.m.ay transact the piebate of tvills, &c. ness of his office,. and ma.ke the, writs and process to be returned to him, returnable to such place as.said. records, papers and.documents,shall be removed to,.' or to the place as is now established by law, fOr bolding courts in the county to which he belongs, Reands, &c. as the public goodin his opinion may require. And cwmheine d tob abcek , as soon as the exigency requiring the removal Of sucn records, papers, record books and documents shall cease, the said. records, papers, record books and documents shall bobrought hack to tho places. "MMINIgi OP DELAWARE': 17 ,AO*480POthrelt.fixed th em'Py' uler Orderldrthatt znade in like-rnannei71,4V60§aicl,' and "Orkfi'01:,Lfilmu"s''' the cliUnCeilOr'aifcljiid'egi*.6'fOre4aid AiiirVie*Expenses of palPe Of:keintiiurand"rOrn'Of,,Sii60e'Corils. rervacilfapi nodfd :1,jcitike''Od:'doCtirii:60, ghaI1 *. p:Aid bs.7.the-,recorr, ttc.e-cotiritie* reSiieetilitelji,;iinOhth'allOWine*,tObe made`how Ptidt&c. by.'ibek,1*iihriissiOne're:of'tliC.leiti76iire,5::'OW a ytiar, rant':Or'brder'draiiii ordering stch removal ait.&1,fetOrii. as aforesaid':' it e e.2 Records &c. pers;:feOid tiOoks unt:EdOCU !penis; may'be 'Ste: S.: And be it enacted, That Sueh records, i0Oloi". 5E:toe:in:cll. ay: be're-, ed`trobl:plice'to place in the respective Counties, as exigencies -. ihay:- fro in: !., ti in e to time require; ,aCcoi...toay respire ding to the title intent and tieinitig'..of,thii aetijapco.n orders, like m gluier:and by stieh',06 written Order a or.dpiS, igiied.., 'as 'f.ciiesaio: ;Und the.', 'expense ' of ::- sii`Cli' tig,.; rnovoo shill ibe'-'Paidiai-afoOSaid, ' by -; tbe::;COUniies:OXPenge of respectively as .aforesaids; on virarripti Or Order) to 'be' 'c4 'en*71. dravilidri:aforeSii(t.,: ' '' ' . '' - ' ' ' ,:r. , r! ROOD,'" :::.." ' ' : ''.' '' . - .".'. 71.;: May .,,,t L, . . 'Zis..--; 4 -,i;;;' ,:1:.,4: t , ,;,- ,-0;?:1-i, :. , :` , t 4 ° fr.s. Fr I. I Nrgi 17: 7'171; 4 ,t0'.,4CTJA; ',k ,,..i.,-( ' l ' , - ,,. ti; f4s..41:00,I.P.:A14.1,!,',J , ,-- :.,,,,-iY....-1' '.' , , .. OY.Pft ,UN ES, 0,1.4349. .7CR''+';10,1' t.), ' zgrtifY, that in .obedience : tO:- 00-4' ' * - e0Oni of an Act Of*the.Q-" 'il`isleln.' biy of the State of .Delal..,p .,. , 1"ie;IT'lik'sre. 62/Hated With, and 6tiic-I'' .....?(..,..r,sr, gpv... ,-; tl. tx, ,..t , :. r, -, 7 1.:, 7..:,.., . ...l...." ....'; !: ...IV . IN, ,reetect tly, the Original Atotts,,th,i$,,AT:', i ditiOnvof Laws, passed during the , : ' last Sesoiclii,of the General WILLARD HALL,4As'e04. t., AtT4ii, JktiY 4114 A 'aetar' q. of . the State of Delaware. . I.!? ..,... . ' ' i.i:'.;./, , : )+;,: t.t.. .. . , , e 1, p, _, . - .. , 1 - . , : , - ;.f.,! -,_ . ',eh!' ' ,' , .' re ' . ... 1 :: ., gr._ J., ,, ... .'' (( '.--%* ''''' :iv!, . '..' '' ' '.,, i,,..,...; ., ..,,,;,.!. ,,:., ,: . ,,,,,.. ..;;...i.:, , ...,.. , ,...:..,i.....41...,:k ,,,,p./ '.i..,..f4o.k.,,c,...4.4 1.:-4;,!,....1. s:,....,,, : . . .'., e, ' ;44'.0-'.'...'' . '.:- ''''., ' `-'''''',-, l'..11;', 7',.`; '.'",t:-';:s.LI'..'S'. '1'''''':,:',V;t.:4.',/171.; s ' .:. '' ' '''' '`.'1+,.'... ', .':'`. - '.: ., ''..,,'2' ,=- , '. ', . ! ;:. ';`." , ; -I d. f 7 , J. 4 ,,,,,,..` ,,..,77.,,i. ,r;11:,. i4ii:_t, 7;.::!..U. -. ' Ar.14., ,. ,' . . .. , . ' .?;;',C;:'''.. . , , .'. .. ' "''' .. 41 ; Ya.. ' - '0 -'. ' .. . , 4 . ., , ' .t :;7,7.7..r',-t4 'Ai k . OF IP STATE OF . W -DELAWARE, PASSED Aia Svegion of the General Assembly, .; BEGUN AND HOLDEN AT DOVER, On Tuesday the fourth day of January, and ended on Wednesday the sixteenth day of February, IN THE YEAR OF OUR LORD, ONE THOUSAND . EIGHT. HUNDRED AND FOURTEEN, AND OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE THIRTY-EIGHTH. PUBLISHED By AUTHORITY. DOVERAUGUFLIg'244. 1 etL14. ! r,OF THE' tate 'PASSED, January 14, 1814. 4,1,1104.4.4NONOVVy\OHVy.,4 -a 4111121 An ACT firthe 'relief of Nathan Huff, a non-resi-dent insolvent debtor. PRIVATE ACT. CH A.Pi'ER VI. . An ACT authorizing .tie erection of a gate or gates across the road leading film the head of Cedar creek in Cedar-creek hUndredoin'the county of SusSe.4'io the,;Delaware'bay. ..WEIEREAS it is represented,to this General As- Preamble; Vehibly, by the petition of cliyers citizens of Cedar- PRIVATE ACT. CHAPTER W. 'An ACT for the relief of Blizabeth Snow, a non-rh. sident insolveniVebtor. .A.SSED AT DOVER, `Anuary 13, 1814. . , CHAPTER V. LAWS OF THE STATE CHAP. creek hundred, in the eetinty of 'Sussex that, the %10"/"./ erection of a gate or gate"S' across a road leading 1214. from the head of Cedar creek in Cedir-creek hun-dred in said county, to the Delaware bay, will tend to the benefit and advantage of the citizens or id hundred, and will not materially interfere witl lie public convenience. §, BE IT THEREFORE ENACTED, by the Se- How Placesnate and House of Representatives of the State of De- for gates shall 1,edesignteriAware in General Assembly` met; That it Shall and may be lawful for the justices of the court of guar-the sessions of the peace, when sitting in the court-. ty of Sussex, and they are hereby required and di-rected upon application to theIR made by -any per-son or persons, to order and direct, the freeholders.. heretofore appointed by said court, to-lay out4 road as aforesaid, to specify and set forth, with the return of said road, at what. place ot places on said road it shall be most convenient to erect a gate or gates across the same ; and if said return shall be approved of by said court, it shall and may be lawful for the p,etitioners for said road or any other porsou or persons to LOW' and erect a gate or gates across said road at such place or places as shall be designated for that purpose as aforesaid. And be it further enacted by the authority aforesaid, dReoeamdesdhaaPitit That when said road is cleared and Said gate or g;ates tic highway ; are erected and built across the same, the said road shall be deemed and taken a public highway of said county, and said road and gate or gates shall be Aged. kePt in kept in,good and sufficient order and repair, by the repair. inhabitants of said Cedar-creek hundred, in the same manner as other public roads in said hundred are now repaired and kept in prder. PASSED ;Tammy 14, 1814, S-!, January 26, 1814. PASSED, oF DELAWARE. CHAPTER .VII. An ACT authorizing Isaac Cannon, to bring a negro .tci this State PRIVATE ACT. CHAPTER VIII. An: ACTfor the relief of John Buckhanan and others. WHEREAS it has been represented to this Ge neral Assembly that John Buckhanan, cap-tain of the seventh company of the fourth regi-ment, that judgrnenehas been given against him, by Thomas Price, 'esquire, one of the justices of the peace for Kent county, for a fine of thirty dollars, incurred in consequence' of his omitting to return an account of the fines imposed upon the officers, non-corntnissioned officers and privates of his Com-pany, according to law ; and it appears to the'Ge-neral Assembly, that the said John Buckhanan did return an account of the said fines, by mistake, to Henry Molleston, esquire, State»treasurer, instead of the County-treasurer, and that this return was made in proper time. THEREFORE BE IT ENACTED, by the Se-nate and House of Representatives- of th6 State of De-laware in General Assembly met,. That John Buck-hanan, Captain of the seventh company' in the fourth regiment, be and hereby is relRased and discharged, of and from, a judgment given by Tho-mas Price, esquire, at the suit. of Philemon Green, County-treasurer for Kent contity, against the said John Buckhanam, for the amount of the fine acciu-ing by reason of the omission of the said John Buck-ii4nan, to transmit or return An account of the fines ;724 CrIA P. 1814. LAWS OF THE STATE imposed upon the offiter4,nontcommissioned offi-cers and privates of his`ciimpany Andf, that the said Philemon Green, 'County-treasurer as aforesaid, do cause it to be entered on the docket of the said judgment that the same is released by Virtue of this act. In what cases SEC 24 And be it 'enap ed, That in all cases in c :p. ;tins to make returns Wi/ICII militia captains have made their returns-in "(it° whorn.doe time to the brigadier-general, and have, not made them to the County-treasurer as required by V 4 582 the act passed May the, twenty-fifth, one thousand ol. , .p. eight hundred and twelve,- abolishing the office of commissary, and transferring the duties thereofiAo Within what the County-treasurer, such returns may be made time, at any time before the first day of October next and shall be as good and available as if the same had been made in the time prescribed by law,- to free and discharge such captains from all fines and forfeitures. PASSED AT DOVER, January, 2.5, 18 14. 4 CHAPTER IX. 4u ACT to authorize Thomas Marsh Foreman to bring slaves into this State from Maryland. PRIv ATE ACT. PASSED r DOVER, January 6 OV'DELANARE. 25 CHAPTER X. An AT to repeal an act, entitled; ,%-An act to en, 1814. ,Oitrage the establishment of certain manufacto-ries within this State. Sic. EH IoTus eE oNfA RCeTprEesDen tbayti vtehse oSfe tnhaet eS taantedT ia14:1;i. of Delaware; in General Assembly met, That the act Repelled. of the General Assembly, passed at Dover, the, twenty-sixth day of, January', :one thousand eight hundred and eleven, entitled, "An act to encou-rage the establishment, of certain manufactories within this Staie," be, and the same is, hereby re-pealed, made null and void. PASSED AT DOVER, January 27, 1814. CHAPTER XL Ain Aci to ,authorizePhilip Hardcastle, executor, of the testament and last will of Garret Sipple, de.. ceased, to convey and assure to Joseph H. Ray-mond the lot of land therein mentioned. PRIVATE ACT. PASSED AT DOVER, Anuaq 27, 1814. CHAPTER XII. An ACT to anthorize Rebecca Parson, administratrix of John Farson, deceased, to convey the' tract of land therein mentioned to_Ann Ford. PRIVATE ACT. rASsED AT DOVER,i launary 28, 1814. A.P. X. CHAPTER XV. An ACT to authorize the owners and possessors of the marsh, cripple and low grounds lying upon the main south-west branch of Duck-creek, in Kent eoun. ty, in this State, between the mill late of Joseph Nock, deceased, now of his heirs, and Martin's brit*, to bank and drain the same. PRIVATE ACT. PASSED, February 5, 1814.i 26 LAWS OF THF STATE CxHiA".P . CHAPTER XIII. 1814. An ACT to vest the title to a tract of land in the wi-dow and heirs of Philip Gross, deceased. PRIVATE ACT. PASSED AT DOVERi Februarll 1, 1814. IMM=11611 CHAPTER XIV. An ACT to vacate part of the Kennet road. Part of the road SEC Bold B 1 va. E IT ENACTED, by the Senate and . . felted. House of Representatives, of the State of Delaware in General Assembly met, That from and after the passing of this act, such part of the old Kennet road which leaves the Wilmington and Kennet turnpike road, at or near the house of James Hill, and passing by lands of James Tilton, Thomas Braden, James Brindley, and others, abd unites with the turnpike road aforesaid, at or near the Buck tavern, be and the same is hereby declar-ed to be vacated. PASSED AT DOVER, February 1, 1814. %-ZETL,*:ARE'. .CHAPTER 'In ACT to -Chaitge the:name of,Fast-'1anding to 18141. "LeipSick; .PRIVATE ACT. 1ASEpAT Februarij 4, 1814. CI-IAPTER XVII. ACT to prevent. swine running at large within the village. of Seafb'rd,' in 'Sussex county. E IT ENACTED, .by,the Senate and ,SEC. 1.jj House of Representatives of the Swine State of Delaware; in -General .2iss'emblq met, Taht nsle not to from and after the first day of May next, no swine, irnucarldar.g liog'or hags shall ,be permitted or.sufFered to run it large 'within the village of Seaford. Sgc.- 2. And be it 'further' enacted, That if any. swine,::.hog.or hogs, shall be ,fourid.runnina at large Swine found within:the.said.Village of Seaford, after the time ate-tlaagneumpy, fOreiaid, it shall and may be lawful for any free per- sow, son or persons to take up and secure such swine; hok or hogs, and proceed to sell them, after gi-ving at least five clays notice by oneor more ad-vertisernsntS_ set up in the most public places in-said'' Village, and may retain one half of the amount of:any such sale or sales, for his trouble, and pay over the other half to the recent owner or owners aestich swine, hog or hogs : Provided nevertheless, that the owner or owners of any such swine, I: log Or redeemed, or:Iiogs shall have them, or any part of them, deli-4 hat vered.'to 'him, her or them again by-applying to the conuan`: ' person in Whose care they are, and paying' or ten-dering in pay-to him- or them, the following rates at anytime before-they are sold : to wit, for every liogOr pi o under three Months old, twenty-five _ Sales to be SEC. 3. And be it ended, Thatif any person or good and a-persons shall .sell any swine, hog or hogs, under the provisions and restrictions of' this ,act, .suclisale or, sales shall be good and available in law .; and if they, or any of them, shall neglect or refuseJo pay over one half of the amount on any such sale or sales as before directed by this,act,: they shall be a0i-able to prosecution as for any other debt. PASSED AT DOVER, February 11, 1814. LAWS (OWE: STATE cents ; for every hog aver three and no exceeding six months, fifty cents ;' for every hog-over sixand not exceeding nine months, seventy-five cents.; for every hog over nine and -..not exceeding- twelve months, one dollar ; and for every, hog overlyitelve months, one dollar and twenty-five cents. CHAPTER XVIII. Chap. cli. vol. 4 SUPPLEMENT to the act. entitled, An act to. 4, p. 410, &c. incoyorate a conzpunil for making an.gtifipicit road from the town of Newcastle to Clark'..s. corner." SEC. . pE IT ENACTED, by the Senate President and and House °, Representatives 9111w managers, ucState of Delazvare, in General Assembly'inet;. That :nay enter and occupy 30 feet the president and manage,e rs of the Newcastle turn- . from the cen- pike .company, shall have power, and it is hereby ""ither"d.deelared to be lawful for them, their superintend-ants, surveyors, engineers, artists, and workmen, to enter upon and occupy all the lands within the limits of thirty feet on each sick of the centre of the road, heretofore laid out in the hundrecl of Newcas-tle, and known by the name of the Newport road, from the southerhabutment of the Newport' bridge, tiS the intersection of the said road with the 'turn-pike road from die town of Newcastle to Clark t'.1) ti.4*:Ant. ;corner ; and-to cause twenty feet thereorin breadth, t1 3heearodt1dit)rnd aileagt, to' be bedded viith wood,Thtone, gravel, era whit' ma. bteerVesti atnodbe Other 'proper and-convenient-Materials, a sufficient depthi.,,Th sedirre;a -soliil.foundation,:for the same ; faced. atid!:.0i8'§aitFartificial road 'hãll belieed with gra-vel,' Saud,/ be :mmb pounded, Or other small, hard substance, in str.Fh mannir:::as to secure a:firm and, .afiely'as-thenature Oftlie'country and materials WiThadinit, an'even surface; rising toward the mid-did, by -gradual arch '; .-andl. shall maintain and keep the Sallie in good order and.:repair.; and in the manneras'iS directed in.the act to which this is:á. supplement, shall inquiry be made, upon com-plaints, whether the said 'road, or'ony, part thereof, is not in good order and repair ; and inquisition being founds notice thereof to the toll-gatherers of the turnpike or gates, shall be made in the manner directed by the,. said act. SEC. 2. And be it enacted, 'that it shall and May May en te up, be lawful for the said presidentand managers, theirtz Imaungdsgtccoax-superintendants, surveyors, engineers, artists and workmen, with. their tools, and!instruments, carts,,,. waggons and other .carriages, and 6eAsts of draUght' or burden, t6 enter upon the lands" dontiguons to and.near"to the route of the. 'said:road; firSt,:giving notice' to the owner or possessor thereof, and ,doing as little damage as possible and repairing any breaches they may make in die inclo,sures thereof, and:making amends for any dainag4 that may be,. done to, any improvements thereon, u*.pon a reason; able agreement, if they can agree, or. if they,can-. notaagree,,:then upon ab,appratsebient, to be oath ..or,raffirmation, by :three disintermeadsetuepodn ' freeholders, ,r any ,,woof themigreeing,, Mutual-ly: to be filloseh, or if the OWflCI 01 pqssessor, twor.1 due snotice, shall neglector..irefu,Se,to join i*,ikr choicetheni.t.O.,,heappointeVby-. any; diSkterested justice:. of,-,Ahe,.,peace :for, LTeWeastle;,..wheo"alt,,,O, ,poidti!.-in'ieaSeof.negleet *nett by c.lie,Firesident,atid;rnarragers:oPqiit:Company, and i;4;.: CHAP. XVIL t..,40~SoNa 1814. 2. LAWS OPTHE STATE cents ; for every hog over. three and not exceeding six months, fifty cents ;' for every hogover six, and not exceeding nine months, seventy-five cents ; for every hog over nine and- not exceeding - twelve months, one dollar; and for every hog over twelve months, one dollar and twenty-five cents. Sales to be SEC. 3. And be it enabied, Thatif any person or 5ailable and a.- persons shall sell any swine, hog or hogs, under the provisions and restrictions of this ,act, suclisale or sales shall be good and available in law ; and if they, or any of them, shall neglect or refuse. to pay over one half of the amount on any such sale or sales as before directed by this act, they shall be as li-able to prosecution as for any other debt. PASSED AT DOVER, February 11, 1814. CHAPTER XVIII. Chap. ell. vol. A SUPPLEMENT to the act entitled, "An act ta 4, p. 410, &c. inewporate a company for making an artificial road from the town of Newcastle to Clark's corner." 13E IT ENACTED, by the Senate and House of Representatives of the SEC. 1. President and managers, &c6iaie of Delaware, in General Assembly' met, That snay enter and the president and managers of the Newcastle turn- occupy 30 ftet from the ten. pike,company, shall have power, and it is hereby ""ither"d.declared to be /awful for them, their superintend-ants, surveyors, engineers, artists, and workmen, to enter upon and occupy all the lands within the limits of thirty feet on each side of the centre of the road, heretofore laid out in the hundred of Newcas-tle, and known by the name of the Newport road, from the southern abutment of the Newport bridge, th the intersection of the said road with the 'turn-pike road from dr towo of Newcastle to Clark: bk,i)tA*ARE. coiner; and to Cause twenty feet thereof in breadth, tnhie-craadatrarnd atleaSt, to' be bedded With wood.;.stone, gravel, °roc whajma. bt adlesd other proper and convenient-materials, a sufficient Lop depth;,,,t'd seente'a solid.foundation:for the same ; faced. rOad thall be'faced with gra-vel, sand,' or .stone pounded, Or other small, hard substance, in su.911 manne4as to secure a.fitm and, as,.fiehrlyasthe'riature ofthetountry and materials willadmit, an even surface, rising toward the mid-by a -gradual arch ; and shalt maintain . and keep the Same in good order and repair; and in the manner' as' is directed in the act to which this is a supplement, shall inquiry be made, upon com-plaints, whether the said 'road, or'ony part thereof; is not in good order and repair ; and 'inquisition being found, notice thereof to the toll-gatherers of the turnpike or gates, shall be made in The manner directed by the said act. SEC. 2. And be it meted, That it shall and May May entet be lawful fox the said president and .managers, their unsds uccon-tiguO superintendants, surveyors, engineers, artists and workmen, with, their tools and instruments, ,carts,,_. waggons:and .other carriages, .and beasts of draught or burden, to enter upon the lands dontiguous to and near to the route of the said 'road,' first giving notice to the owner or possessor thereof, and doing as little damage as possible, and repairing any breaches they may make in the inclosures thereof, and making amends for any damage thatmaY be done to any improvements thereon, tipon a reas,on-able agreement, if they can agree, or if they,can-, not ,agree; then upon art.appraieement,. to be made' upon oath or affirmation, by three disinterested freeholders, or any :two of them.agreeing,, Mutual-ly: to bechosen,, or,if the owner possessor, , upon - -due notice, .shail;_ negle.ct,orJefuse,to, join. in-the thenJo:b.e.appointed..by any disinterested justice,. of., the peace for. NeWcastle who' Shall- ,point;,:in!case,of,neglect orrefusat-of..anystrch net:-or,).posiesslir,:,Opoh,rtpplicatiOnbeing:.Made by resident-and--'managers, ofi's,Od -Company, and jc) CHAP. t..e"te`aa 1814. LAWS OF THE STATE upon tender of the appraised value of the damages, to dig, take and carry away any stone, gravel, sand, earth or other materials there, being most; conveni-ently situate for making and repairing saidroad. SEC. 3. And be it enacted, That as soon aS the Tagathererssaid road shall be so improved and finished-it shall and may be lawful for thesaidcompany to appoint from time to time, such and so many tollgatherers;as they shall think ,proper, to collect and receive of and from all and every person and persons using the said road, the same tolls and rates per mile as are men-tioned in the act to which this is a supplement,- and in the same proportion for a fraction of a mile, and to erect and fix one or more gates or turnpikes up-on and across the said road, and to stop any person riding, leading or driving any cattle, hogs, sheep, sulky, chair or chaise, phaeton, coach or coachee; cart, waggon, sleigh, sled or other carriage of bur-den or pleasure from passing through the said gates or turnpike, until they shall respectively have paid the same. SEC. 4. And be it enacted, That as soon as the Governor to president and managers of the- Newcastle,turnpike- appoint free-holders to re-Company shall have made and completed the said port whether the road is ex-road in the manner directed by this act, the said ecuted in a president and managers shall tnakeapplication to the workmanlike governor of this State, who is hereby authorized manner ; and required upon such application, to nominate and appoint three judicious disinterested freeholders to view and examine the same, and make report to him, whether the said road is executed in a com-plete and workmanlike manner, according to the true intent and meaning of this act ; and if their repott he in the affirmative, then the said-governor shall by iicense under his hand, permit.the company Andtopermitto erect a gate or gates, and to 'receive the same gates to be e-rate of toll as is allowed by the act to.'whielf;this is rected Lk tolls to be taken ; a supplement ; and if any person,orpersons bwn.:- ing, riding. or .driying any. carriage rnrbn,i*nior, pleasure, or owning,,,,licling, leading or driving Any :Q'F rARE. al horse ormnle, -ordriving:anTsheep, hogs:Or P.Fi ttle vPaeTi qi; re e - on the 'said'AUrnpike,::and4With-an intent to eila.dCpuyinerit,of the paymenttofthetolls;:'?gratited;Ab.:elie.N.ekveastlet°11'? turnpikecompany ihd. t-,,to v:vhialt this a-,stipplement, shall pass the gate or gates e-rected by,the r.saidoinpany, riiy int-the ov-shall :Pass throughany'priVate'gateor baf, or.OVel. any private pasSage; way or'along," or. over any other ground or land; near to Oiádjoiniigahv turnpike or gate erected by .said.:coinpany'; Or if any person. or persons shall with.theiintent'afOresaid take off or cause to betaken'off any liars e'er Other beast.or cattle of draught or burden frdin any Car. riage of burden or pleasure or shall' practise any other fraudulent means or device to lessen the-pay-ment of any such toll, all and every snch 'person Or persons so offending, shall for every such offence respectively forfeit and pay to the Newcastle turn-pike company, for the use of said company, the sum of fifteen dollars, to.besued'for and recovered with costs of suit, as debts under forty shillings'are recovered by the laws of this State. SEC. 5. And be i enacted, That 'every:PerSOn or persons who shall prefer an annual cOntract'forAlii tAr anent'u ci3thno- use of the said road shall be entitled forhim or her- use of the self, and his or her family, to all the benefitS'of the"' same, except as to stages for the conveyance Of per-sons for hire, and waggons for the conveyance of goods, wares and merchandize, for the sum of one dollar per mile, to be paid in such manner that -a half yearly payment shall always be paid' in ad-vance, arid if any person or persons shall think the annual contract unreasonable and disproportionate if tshueinra tds. to the number of their. family and the use of the sonable, how said road, the party aggrieved and the president of'st at said company shall each choose one disintereStedreduced. freeholder, who shall decide what reduction, if any, shall be ,made from the annual payment before spe. cified ; and in case the two persons so chosen Can-not agree, they shall choose a third peiso'n,' and a majority of them 'shall decide as aforesaid, or in LAWS 01.±'T.HE',STAtt CHAP. ease the president of said -company shall neglect ot; refuse toapPoint a freeholder -for the pprpose afore-. 1814. said, for the Space often'Aavs, then the freeholder chosen'by die party aggifieved shall decide :wbat re-duction shill b&made, which shall be the commu-tation for the earent year. On what SEC. 6. And be it enacted bq the authority afore-ttehromristy t htoe caoul.. s.a id,. That the powers and,authority in this act givz Ica tolls shall en to the'N6weastle turnpike company, to receive cease, and collect toll' on the road mentioned in this act, shall cease and determine in ten years from the time of their commencing to collect toll thereon : Pro-vided, that the commissioners of roads in' and fo-r Newcastle 'hundred, with the consent of the levy. court, shall pay to the Newcastle turnpike company the sum of money expended by the said company in making the said road : to wit; one moiety thereof in five years from the time when the said company shall begin to receive toll; and the other moiety in ten years from the cdthmencement of toll ; and the commissioners of roads in and for the hundred of Newcastle, for the dine being, shall take and hold such Stock for the use of the said hundred; in trust, at the several times specified in this act, and the act to'which this is a supplement, upon payment of the money expended by the said company ; and it shall belawfdi for the said commissioners of roads, for the time being, to assess and raise the several sums of money sufficient to pay' the said companTfor the money by them expended on the roads specified in this-act, and the act to which this is a supplement, as other road taxes are raised and collected within the said hundred. Tollgathcrcrs SEC. 7. And be it enacted, That the respective to givt bond; tollgatherers, appointed by the president and mana-gers of the Newcastlp turnpike company, shall be-fore they enter upon the duties of a tollgatherer, give. bond to'the president and managers pf said compa-ny, with one or mo,re.sufficient sureties1 to ho ap-proved of' by the president and managers, with a OF DEL .AWARE. warrant of attorney, annexed thereto,., to confess judgment, in the sum of One thousabd,dollars,,,eon,- conamco,. ditioned for, the true and faithful performance ofthe dutieSteposed in him as tollgatherer of the _Newcas-tle -turnpike.; and that he will ren.der a, true and perfect 'account verified by his oath of all monies by .him received as tollgatherer to the president and managers. Of the said coMPany,,nionthly, and every month during hi S attendance as toll-gatherer;; and shall-and will pay over.the moniesby him.so,receiv-ed, to the treasurer, monthly; ,whichishall come to his hands or possession, and also.at,the, time of payment, furnish the said treasurer with his ly receipt of ,tolls by him each and every day, arid will give good and constant attendance :at the said toll gate during the time of his being a toll-gatherer to the said company. SEC. S. And be it enacted, That the treasurer of Treasurer to the Newcastle turnpike company, now in office,give bond and the treasurer hereafter elected or appointed shall give bond with one or more sufficient sureties to the president and managers of the said company, to,be approved of by the said`president-and.mana-, gel's; with a warrant of attorney thereto annexed, to confess judgment in the sum of five thousand dollars, conditioned for the true and faithful per-formance of the duties reposed in him as treasurer Condition of the Newcastle turnpike company, and that he will once or oftener in every six inonth,s rende,r his accounts of monies by him, as treasurer of the said company, to the president and managers thereof, and will well and truly settle.and account for and concer-ning all monies that shall or ought to come .to his hands as treasurer, by virtue of this act and the act to which this is a supplement ; and will pay all orders drawn on him by the president and managers of said company ; and pay the ballance that shall ap-pear in his hands to such person or persons as the president and managers shall order and direct, and not otherwise ; and that he will pay over at the ex-piration ot his term of office whatever sum of mo- 3*, LAWS 01 B.': SUIT ' CHAP., neyremains in -his handto his successor in that 1814.acLpapei.s nd other:.books.ancl writitigs to'.0p4#3-,Ceiiin,pa ny, in his keeping, td .8 s. s,i1CFoisoe and that lie 'ill,db and.. e!teeuteall Other things as treasurer to the New-castle. tb,theYtiti.ein:*4: tent,and mean is'.actland the act: 'o 44104' this isa-,_SUPplenaent.,-;, and:in-ease any "treaSurer''.herear4n, ter chosen and appointed, the 'treasurer now rn -6f6Ce-,or 2tlieSaidiCo.rnpany; 'shall neglect or reftiSe ,tolgivebond,and:securityyaSiS directed in thist; '-ii1=-:roi.icaSe Of the death orresignation of 'a -treaSUrer, the 'president and itianagers of said company aie herebyntithorized.-and:iequirecrto'appOint:a'tre4.;: sitrer,-4hO shall. give bend and security -aS afdr.97, Capital to be :::-SEG:,=9 Andsbe it: enacted, That the president :a14 tniarged',; MaliBgers of the Newcastle turnni kecOMPany, haVepoiver: and thei-are'berebY.:.authorized to en-large the,capital 'of the 'said company, tO :carry. into effect, the intention;bf this act, and it:Ai1J. the duty off.tlie.said-.prOident.an&rnanagers'Ici....opOfr Books forthat, -books for re-delving,: subscriptions Co''the'additiOnal: - - - - purpose to be C4141,tal:stock of,, the said opened ; those ,bOoks, shall, be. ,entdred as folleWs-: to "je..whbsenahes'archereunto.thbscribed 'do promise to pay, totbepresident, -Managers and Collin any,of. the :Newcastle -turnpike road, _ the sutni-of twenty-five,:dollars:-,. for every: share of stock in' the said Company.oet 'opposite to our respective in sucli.mannerand..at::Socktitnes is shall-ba:44e4 mined on by the president `.and,.managers:.of'41-in!' Public n otice Newcastle . turnpike company ". 'Before, the'saidi - - - - to be given of president and nianagers. shall open the ,saidbOOkS,, tphlea c'et iomf eo paennd- for the additional capital stock of the Said Coinpany:i3 = - , - - - - bag books, lite. they give .pnblic notice.thereofat-Jeasttrenty.:;: days of the time and ,:place.."witereSuch`bookk*il41 be opened; and-tycA.said presiden7;and ,thoihg4ik, snail .per,init alt peOCAIS.,01:.laWfUrage,:''.04....liodi*,,,,,, politic and.,corPnrat4,,,*ho shall subscribe in aicU' OF DELAWARE. 5.5 books in their own narne or the name of any other person who shall duly authorize the same, for any CHAP. number of shares in the .additional capital stock of XVIII. the said company; and the said books shall be' 1814.r kept open by the president and managers of the said company, until the whole number of shares shall be subscribed, which shall be deemed by the said president and managers necessary to complete the work : Provided, /that no person or persons or Subscribers to bodies politic or corps:nate shall be permitted to MI!! subscribe in their own names or the names of others fore subscrib. until they shall have previously paid to the trea-1"z* surer of the Newcastle turnpike company eighteen dollars on each and every share to be subscribed. SEC. 10. And be it enacted, That the provision ofProvision of the sixth section of the act to which this is a sup. the 6th sec. of plement, shall and is hereby extended to the addi- apvchulp.c4hi34.ethx... clonal stockholders created by this act, and theyte.n.ded to ad-shall be liable to like penalties in default of pa- danional stock- pay- older, ment, as those in that. act mentioned, and shall be as incapable of voting at any election or general or special meeting of the stockholders, until they shall have fully paid the respective sums on their shares of stock according to order of the president and managers of the said company ; the stockholder or stockholders who shall have paid according to the times required by the president and managers ofUport what said company, shall at all elections for a president,;neranly svot?." managers and treasurer be entitled to vote at all meetings of the stockholders, as fully as those who were subscribers in the original stock of the said company. SEC. 11. And be it enacted, That if any person Penalty for or persons shall cut, damage, or destroy any of thCat gates or improvements made, or to be made by the improvements Newcastle turnpike company, he she or they so of- - fending, and being thereof convicted before any jus-tice of the peace of Newcastle county, upon the oath or affirmation of one or more credible witness or wit- 34 LAWS OF THE STATE 1;00 over the nesses, shall forfeit and pay, over the tdamage, done a-amag-e 4Pnej the sum of thirty dollars, to be recovered under the band and seal of the justice before whom such 'con-viction was had, to and for the use of the Newcas-tle turnpike company. Provision of SEC. 12. And be it enacted, That the provision of 22d seci.t. of the twenty second section of the act to which this chap. cl vol.. p. 422, ex.1S a supplement, shall and is hereby extended to ended, the road mentioned in this act as if enacted in this law. Sic. 13. And be it enacted, That tlie said com-pany shall cause to be erected in at least three differ-ent places upon said road, as soon as completed, a index baud. post with an index board, whereon shall be painted in white letters, the rate of toll allowed by law, as well as a direction to all travellers, to keep to the right, as is directed by the twenty second..section of the act to which this is a supplement. SEC. 14. And be it enacted, That such parts of the Repeat. act to which this is a supplement as are altered Or a-mended by this act, be and the same are hereby repealed. PAssEp, February 12, 1814. CHAPTER 4n ACT to enable Zebdiel .T. P. Fountain to bring into this State a Negro slave, and retain her as such., PRIVATE ACT. PASSED AT DOVER, 14 February. CHAPTER XX. An ACT to authorize and inzpower Maria Townsend, of Sussex county State of Delaware, to bring in-to this Statefronz the State of Maryland, a negro . woman andehild, androtain and hold them as slaves. PRIVATE ACT. PASSED AT DOVER, 14, February. OF DELAWARE. 57 CHAPTER XXI. An ACT making provisionfor the support of govern. ment for the year one thousand eight hundred and fburteen, and for other purposes. SEC. 1. BE IT ENACTED by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That the sum of twelve thousand five hundred dollars shall be 812,000 to Ite raised and paid into the treasury of this State, With- raised; in the time and in the manner directed by an act of the General Assembly, entitled, " An at mak-ing provision for the support of government for the year of our Lord one thousand eight hundred and aP ten, and for the more effectual ordering, assessing, levying and collecting all such taxes as may be granted by the General Assembly," and shall be assessed and levied in the several counties of this State in the following proportions : that is to say, for the county of Newcastle, the sum of four thou-sum -Sand'seVen hundred and si'xty one dollars and Dine- tioned.a PP(I t ty cents ; for the Cotinty of Kent, the sum offour thousand one hundred and sixty-six dollars and six-ty- sever i tents ;. and for the county of Sussex, the sum of three thousand five hundred and seventy-one dollars and forty-tlitee cents. 1 38 LAWS OF THE STATE Appropria. SEe. 2. And be it enacted, That the aforesaid tion for the payment of sums of money shall be appropriated and applied salaries,; to and in the following manner : that is to say, .so much thereof as may be necessary, hall be applied to the payment of the salaries due and to become due to the governor, chancellor, judges.of the su-preme court and court of common pleas, attorney general, secretary, and auditor of accounts, up to the first day of January,'which will be in the year of our Lord; one thousand eight hundred and fif-teen ; and go much thereof as may be necessary The General Assembly,&c. shall be applied to the payment of the daily ances of the members of the General Assembly, their clerks, and other expenses ; and for printing Printing the the laws passed at this session of the General As-d Jour. nals, blv, and the votes and proceedings of the two brancfies thereof; and the residue (if any there be) shall be applied to the payment of any sums of mo- Andstimsducney due to the citizens of this State, for which pro-the citizens. vision shall be made by law. PASSED, February 14, 1814.5 CHAPTER XXII. vet 5, chapt.4 SUPPLEMENT to the act, entitled, " An act to xxiii, p. 62. prevent swine mining at large in the village of Laurel in the county of Sussex. SEC. 1 . pj E IT ENACTED, by the Senate and House of Representatives of the Swine found State of Delaware, in General Assembly met, That at large may from and after the passing of this act, if any hog be taken up sold; g` or hogs shall be found or suffered to run at large. within the limits or bounds of the act to which this is a supplement, it shall and may be lawful for any person owersons residing in the said village to take up and secure all and every of such swine found at large as aforesaid, and shall give notice OF DELAWARE. 39 of the timc and place where such hog or hogs is or are secured by setting up.one or more advertise-Notice tc be ments in the most public places a Said village, orgwen ; giving personal notice to the owner or owners of any such hog, or hogs in 'his custody ; and if any such owner or owners of any swine as aforesaid shall refuse or neglect to take away any hog or hogs as aforesaid, and pa,y him, her or them in whose cus-tody they ate, the rates hireinafter mentioned with-in five days after such notice is given, he, she 'hr Upon what theyshall forfeit any such hog or hogs, and they or terms to be any.Of them shall be the right and property of the edeemed. person or persons who secured them. SEC. 2. And be it enacted, That any person orneward for persons who shall take up and secure any hog Of tak!Hg and sc. hogs agreeably to this act, or to the act to whichcunng, 84c. this is a supplement, shall have and receive from the owner orowners three dollars for every such hog by them or either of them secured and kept as aforesaid. SEc . 3. And be it enacted by the authority afore. Swine may be said, That it shall and may be.lawful for any per-sh°L son or persons residing in the village of Laurel, to shoot or kill any swine or hogs running at large as aforesaid : Provided, he or they give notice thereof Notice to In in three hours after such hog or hogs are shot orglien. killed, to the owner or owners thereof, or leave no-tice at his or her dwelling, if it be known, and not otherwise : Provided also, that no person or persons shall be subject to any fine or fines under the law that was passed on the fourth day of February one thousand eightlhundred and twelve, entitled, 'Chap. act cxev. to prevent the discharging of fire-arms withinvoL4,p.522. the towns and villages, and other public places, within this State, and, for other purposes," for shooting any such hog or swine in the village. of Laurel, as aforesaid. SEC. 4. And be it enacted, That nothing contain- This act not to extend to ed in this act shall be construed- to extend to tlIC persons with- 40 LAWS OF THE STATE out certain it-hog or hogs of any person or persons. living with-mits. out the 'limits or bounds of the act to which this is a supplement. Repeal, vol 3, SEC. .5. And be it enacted, That so much of the p. 62. act to which this is a supplement, as is hereby al-tered and supplied, be and the same is hereby made null and void, and each and every otherpart is hereby confirmed and .macle a part of this act. - PASSED, February 14, 1814. CHAPTER XXIII. An ACT authorizing the Court of General Quarter Sessions of the Peace and Gaol Delivery, of the .State of Delaware to appoint trustees to take chow of, and secure, the rents of the lands and marsh commonly called Cape lien/open, for the use of Me county ofSussex. Freeholders to SEC. I . BE IT ENACTED, b y the Senate and be appointed House of Representatives of the to take charge State of Delaware, in General Assembly met, That of a,nd rent crom out the cape from and after the passing of this act, it shall and nentoperdandmay be lawful for the court of general quarter ses-and marsh. sions of the peace and gaol delivery, at their next session and at their spring session, every third year thereafter in the county of Sussex aforesaid, to ap-point three good and substantial freeholders of said county, one of whom only shall reside in Lewes and Rehoboth hundred, to take possession of, and rent to the highest and best bidder, in lotts, the a-foresaid lands and marsh for any time not exceeding Rents ' to ',three years ; and the money arising therefrom to be paid to the county treasu paid over to the county treasurer for the use of the rcr. county of .Sussex only. OF DELAWARE. 4.1 Sic. 2. And be itenacted; That the said trustees. rTypuasitnetemata shalt have power to'appoint one of their body to be treasurer. treasurer of said board, who shall, by virtue of said appointment, receive all and every sun) or sums ofHis duty. money, that may be due or arising from the rent of said lands or marsh, or sale or spars or other tim-ber sold to the master or masters, owner or owners of any vessel or vessels that may or shall hereafter be cast away, stranded, or otherwise injured, on ta what caseu or near the said cape, in which case only the saidtatbefirr,e_wsPoaorl trustees shall have a right, or power to sell timber, may be sold. spars or fire-wood from or on the said cape. . SEC. 3. Andbe itfurther'enacted by Me authority aforesaid, That the said trustees-shall keep a true Trustees to and correct account of all the monies by them recei-keep account. ved for spars, timber or rent of said marsh and cape, in a book o( books provided by the treasurer of said board for that purpose, and each and every year,,d settle an thereafter settle said accounts with the levy-court nuall y- with commissioners for the countyof Sussex, and in thethelevY'court., tsrpeaacseu roefr ,t esnu dcha yss utmhe roera f-tseurm, sp aoyf omveorn etoy tahse m caoyu nbtyy dBuaela tnoc eb efoTuanidd them be found due to said county for rent-of marsh, over. sale of timber or fines recovered, after reserving therefrom such allowance as shall be.made by the - levy court to said trustees for their services. fAolrl osweravnicnegs. SEC. 4. And be itfurther enacted by the authority aforesaid, That from and after the passing of this act, it shall and may be lawful for the said trustees, Otherr powers or a majority of them, if any person or persons shallot°f 3 cut any fire-wood, timber, masts or spars, or turn Persons cut. on any cattle, horses or hogs on the said lands orpgon the marsh on the said cape, without having first con-baePs eued, e tracted with the said trustees, or a majority of them, such person or persons so offending shall be lia-ble to have a suit brought against them by the trustees, or a majority of them, before any justice and before of the peace in and for said county, for any sum,or whatwhonl, and pot exceeding thirty-two dollars, in like manner as l SUM 42 CRAP. XVIII. %oseseN.." 18.14. LAWS OF THE STATE other debts of trespass are recoverable, any law, usage or custom to the contrary notwithstanding. PASSED AT DOVER,? February 15, 1814. S CHAPTER XXIV. An ACT to increase the fees of the coroners. SEC BE IT ENACTED, by the Senate and . House of Representatives, of the State of Delaware in General Assembly met, That rccs to coro. from and after the first day of May next, the coro-ners, 'tiers in the several counties of this State shall be al, lowed the following fees, instead of those hereto-fore allowed : to wit, for viewing the body of any person slain or murdered, to be paid out of the For viewing the body of a goods and chattels, lands and tenements of the Person slain murderer or slayer, if he hath any, but if he !lath or murdered and how paid; no goods and chattels, lands and tenements, then to be paid by the county, with mileage from the Summoning& court-house to where the body is found, two dollars; qualifying the juryan re - for summoning and qualifying the jury, drawing turning inqui- and returning the inquisition including mileage sition ; four dollars ; for summoning and qualifying each Summoning& witness, including mileage from the place where qualifying a the body is found, fifty cents ; for taking the ex- Witness ; amination or deposition of witnesses in writing, for Taking de.eath deposition, fifty cents ; for taking every re-position ; cognizance, twenty cents ; for summoning or ar: Recognizance resting the sheriff or any other person, such fees For cummon. and mileage as are or shall be allowed to the sheriff silera*c in like cases. SEC. 2. And b'e it enacted, That so much of the act as makes allowance for tht!cot onus as is speci-fied in the fee bill, pasd on the fifteenth day of hi.. OF DELAWARE. 43 June; one thousand seven hundred and ninety-th ree, V01,2p, as is b0-eby altered or supplied, be and the same 1S x.5 xv.i12:1, chap. repealed.' PASSED AT DOVERI February 15, 1S14, CHAPTER, XV. An ACT to prozzide for Me pagment of certain instal-nzents to become due on the stock held by this 'hiate in Me Farmers' Bank qf the State of Delaware. SEC v. IT ENACTED by the Senate and . 1. . House of Representatives of the State of Delaware, in General Assembly met, That Treasurer the State-treasurer shall on the first Wednesday inpay,g,.. the month of April next, and on the first Wednes-day in the month of July next, pay out of any mo-ney in the treasury not otherwise appropriated, such sum of money as may be n:ecessary. to dis-charge the instalments then becoining due on the shares held by the State, in the stock of the Far-mers' Bank of the State of Delaware. Sze. 2. And be it enacted, That the trustee ofT the fund for establishing schools, in like man-schruosotrteu nof a t htoe ner, at the days aforesaid pay out of any money Paydoll) stock belonging to the said fond such sums as may be De- tetal te.tryeastlutr.e cessary to discharge the instalments then becoininger. due on the shares held by the said trustee in the stock of the said bank. . . ,Sze. 3. And be it enacted, That the said trustee at. the days aforesaid, shall transfer to. the ,State- Trt a ngler t ot the treasurer.for the use of the State at the then market Statt-treaw; price, so many shares of the stock of the saidbankescroctati2 °- as with the money belonging to the said:fund at those times, will be sufficient to discharge the inStahnents 44 LAWS OF THE STATE CxHxAvP. . then clue on the stock, then .held by him in the said bank ; and the said State-treasurer is hereby au- 1814, thorized and required to receive the said transfer and to pay the money therefor to the said trustee. Money to be SEC. 4. And be it enacted, That the State.7trea-borrowed for ment f surer be and he is hereby authorized to borrow nay o instalments ; from one or more of the banks in this State, at the usual rate of bank discount the sum of fifteen thousand dollars, or such part of' that sum as may be necessary to pay the said instalments ; and that Faith of the Statepledged, the faith of the State is hereby pledged for the pay-ficc. ment of the interest of the said loan as it shall ac-crue ; and for the annual reimbursement of one-eighth of the principal sum borrowed. PASSED. AT DOVER, February 1,5, 1814. CHAPTER XXVI. Chap clii, 01A SUPPLEMENT to an act entitled, " actfor . v 4, p. 422., regulating the general elections of this State.' s i. BE IT ENACTED, by the Senate and House of Representatives, af the Elections of State of Delaware in General Assembly met, That the fitst d's" the electors of Brandywine hundred being the etraiscttleincoNunetNy first. district in Newcastle county, shall hold their where to be held ; general elections and special elections at the inn now known by the name of the Practical Farmer, and occupied by Samuel Sharpless, in the said hun- Of the second d red ; and that the electors in Christiana hundred dthitieht erdh.ere beiugthesecond district of the said county, shall hold theirgeneral electionsand special elections at the inn now occupied by Zenas Wells, in the town of New- Under what port, in the said hundred ; and that the said elec. regulations St LiOnS shall be carried on and conducted by the same by what oft'. cers tobecon.officers, in the same manner and form, and under ducted, Etc, the same regulations, and under and subject to the OF DELAWARE. 4.5 . - same, penalties, forfeitures, modes of recovery, and according to all and every the provisions_ as are di-rected, prescribed, imposed and enacted in the act to which this is a supplement, except so far as the said act shall be hereby alteted, supplisd or repealed. SEc. 2. And be it enacted,' That if any inspector or freeholder called. to assist such inspector in judg-1:17,;igti ing of any gener4'or-special election, shall at any votes of aliens general or special 'election, wilfully or knowingly take or receive the vote of any alien, not then Voffftiortti% not entitled to naturalized according to law, or of any other per-"' son not entitled to vote at such general or spe-cial election, or assent or agree that the vote ofmso for as. 'any alien or other person not entitled to vote as a- senting or a. foresaid, shall be taken or received at such generalgree'ng that or special election, every such inspector and free-se taken or such votesball holder shall tespectively forfeit for Such offence fivereceived hundred dollars, to such person 'or persons as will sue for the same, to be recovered with costs, in any court of record in this State, by action of debt, }row recover. bill, plaint or information, or by a special action on ed and apph the case commenced, or sued separately and not jointly against midi inspector and freeholder or freeholders, 'or against such inspector or freeholder or freeholders. And on the trial of any such ac- t proof tion no other proof shall be received or evidenc4ehnaaturanza- - given, of the naturalization of such alien, than a tion on the certificate under the seal of the court wherein'.suchtrreicaell:eT be alien shall have been naturalized; previous to such general or special election. SEC. 3. enacted, That every such in- Persons sued spector, or 'freeholder, "r 'then, or other personViirveabpapiref:yr. not entitled'to'Vate-at any .general or special elec-auce, ,tin as aforeSaid; who sha-11 hereafter be prosecuted' or sued .for ,aoy forfektire given by this aot,* shall be obliged to give good and suilicieot bail and se-curity to t he officer executing the capias against him, to appear in the court out of which such capias shall issue, at the day and return of such writ, to ansWor such suit or prosecution ; and shall like- 46 LAWS OF THE STATE tAimnde aotf athpt wise, at the time of such appearance give SUffid-pearance give cient bail or security in the said court, to answer bail in cow. and pay the forfeiture or forfeitures incurred for such offence or offences, in case he shall be convict-ed thereof,- or to yield his body to prison. If an impar- SEC. 4. And be it enacted, That wheneve&any tial trial can-snit shall be commenced or prosecuted for any for-flyer) bee may bee feiture as aferesaid, it shall be lawful for the court changed in which such suit or caiise isIn be tried, in case the said court shall determine that an impartial trial thereof cannot be had in the county in which such suit shall be commenced, to chatil!e the venue. To the next and to cause such snit or cause to he tried hi any adjlining county, next adjoining county, by a jury of such nest ad.. joining county. -Nwoh ophearihso bne en SEC. .5. tin,1 be it enacted, That no person who an alien since IS or bath been an alien since the twenty-ninth day jtoafiv2te9,t11:7e5s; of January, in the 'ear of onr Lo id chtc thousand the certificate SeVell hundred and ninety-five, shall be entitled to or his natural-iza', Ion be pro. vote at any such general or specid &colon, unless duce& such person shall pind nee and exhibit to the said inspector and freeholders a certificate of his natu-ralization, under the seal of the coutt wherein he shall have been naturalized, pri-vionsly to such ge-nera/ or special election : And 110 other plod' or e-vidence of his naturalization shall be received or admitted at any such election, than such certificate of naturalization. SEC. 6. And be it enacted, That every such in-spector and freeholder, in addition to the oath or affirmation to be taken °Amide by them respective-ly, according to the provision of the act to which For the origi. this is a supplement, shall at the place' and time of nal, see vol 4, . p. a7, sec ix. takmg such oath or affirmation as aforesaid, take the following oath, or if he be conscientiously scru-pulous of taking an oath, shall solemnly, sincerely. and truly declare and affirm as follows : "/Indl do so-lemnly swear, on the Hall Evangels oJ Almighth God, (or stiletnnly,i.incerely, and truly declareand affirm Or OF DELAWARE. 47 qualify, in any other due form of law) that Twill CHAP. XXVI. not twilled& or knowingly Wee or receive Me vom of any or.assent or' agree that die vote Of ant/ alien Shall 1814. be.tafreit or received at this general election (ot. special. election', as the ease may be), arid Mat I will not ad-mit or receive any proof or evidence of the na(uraliza-tion ortingalien.other Mall a certifier/. te of his naturali-zation, undoMe weal of the court in iduch he shall have' .1 been naturalized, previous to-this.,g eneral eleeion, (ori special election, as the'casemay tie)." And inelf wmfay or any such inspectoror freeholder shall afterwards wk1;_kkfizivt.ihneg fully or knowingly take or receive the vote of any lvyottae lien, or assent, or agree that the vote of any ali707.aaosse!`enitii,ii;gs: ?tor: shall be taken or received at any general election" ( such votestohabfel special election, as the case may be) every 6111.1. t h spector or freeholder shall be deemed guilty ot , .tlful .1 FuLty .a... per andcorropt perj ury, and upon conviction thei eofu rY on indictment in the court of general quarter sessions of the peace and goal delivery, for the 'countyPenalty there-where the offence shall be committed,, shall incur f. the same pains, -penalties, forfeitures-and disabili-ties as persons convicted of wilful perjury, do in-cur by the laws of this State. SE-c, 7. And be it enacted, That the clerk of the peace for each county shall write, at full length,ic= stofw rtite and in dire -form, upon the alphabetical lists of the the form of names of the white free male citizens, of the age of2re,o,,a attil,1,,oroa,;:" twenty-one years and upwards, residinOnd-assess. ow alphabcti-ed in the several election districts, directed - to be I's" made out by him, by the seventh section of the act to which this is a supplement, the oaths or affir-mations,.. as the case may be required by the ninth section of the said act, and by this act, to be taken by the said inspectors and freeholders ;h ;and t. Shall be sign. said paths or affirma: ions shall be Signed by theed and certifi. said inspectors and freeholders tespectively, withesdpebeyeanin'a their propee-patnes, and certified by the said in- frecholders, spector and freeholdeis, who shall administer the same, and when taken and made with theh proper names, as albresaid; and the same so signed anti certifigd, shall be received in any court of record 43 LAWS OF THE STATE And received in this State as sufficient evidence of the taking of as sufficient e- , vidence of theSUCI1 oaths or Making Of such 'affirmations : And takingthereof the chid justice of the 'mina of commOn pleas is hereby required to furnish to the clerk of the peace in eadh county, on or before the 'first day of Jurie Chief justice of the c.P.toannually, in writing, in words at full length, the pishto the form in which stich oaths and affirmations are to be clerks of t;le. peace annui,lanitten upon the said alphabetical lists, together the form with the form of the certificate to be Made by the of the oaths and affirma- Inspector and freeholds wlihall administer the tions, and the same ; and the same shall be written by the said form of the certificate. clerks upon the said alphabetical lists, and taken, made, subscribed and certified by said inspectors-an4 freeholders as aforesaid : And the inspectors' of eke several districts in each county shall de-liver, to the clerk of the peace of his county, on the Thursday next succeeding the clay of election, the said alphabetical lists, together with the oaths or affirmations, as the case may be, written thereon by the clerk of the peace, and taken, made, sub-scribed and 'certified as aforesaid, undefaced and uninjured. Affirmationor SEC. 8. And be it enacted, That it shall be lawful oath to be ad-for the said inspectors or freeholders, or any two pmeirnsiosttte9reodffteor-04 them, and they are hereby required, either on log to vote ; their own suspicion, or upon the allegation or re- Refusing to take the same (-LIMA of any elector entitled to vote at any such shall not be general or special election, to tender and ad minis-permitted to vote. ter to any one who shall present himself to give his vote or ballot at any such election, the following oath or affirmation, if such person be conscientious-ly scrupulous of taking an oath : that is to say, " you do solemnly swear, on the Holy Evano.eis of Al-mighty God(or solemnly, sincerely and truly declare and affirm, as the case may be) that you have not voted on this day and that you will not vote on this day a.t av other district or place of election in MO county or in this State ;" and in case any such person shall re-fuse to take the said oath or affirmation-when so ten-dered to him, he shall not be permitted to vote at such election. OF DELAWARE. 49 SEC. 9. And be it enacted, That the said inspec-tors and freeholders at every general or special elec- poll-list to dbe tion, shall make, or cause to be made by the clerks,rvereolnodn the.7 or by one of.them, an additional poll-list, on which ThursdaYneat esitecLednintlgittee the name. of every elector, as the same is pronoun. ced bythe it,spector or one of the freeholders, on,clerk of the the receipt of every ballot or ticket, shall be enterjea"' ed in Words written aqui' length ; and the said lists shall be carefully preserved::and 'delivered.. by the inspectors of the several districts in each county, to the clerk of the peace °fills cou.nty.on the Thurs-daY next succeeding the day of election, undefa-ced and uninjured. And in case any such inspeo- Penalty for, tor or freeholders shall omit or neglect to make, or neglecting to cause to be made, such additional poll-list, as afore-make said list. said, or shall keep the satne,falsely, by entering then,. jeeping name of any person before his vote shall be recei- the samefalse-ved as aforesaid, or by omitting to enter the name'' of any person as aforesaid, as the same shall be pro-. nounced by the inspector or one.of the freeholders, on the receipt of the ballot or ticket of such elec-tor, or if any such inspector shall refuse, neglect or omit to preserve and deliver such list to the clerk of igoriTgoititott/hues For not deli-the peace of his county on the Thursday next suc-ceeding, the day of election, undefaced and uninju-peaco. red, every such inspector and freeholder shall res-pectively forfeit for every such offence, five hundred dollars to such person or persons as will sne for the same, to be recovered with costs, in any court of recolyeT record in this State, by action of debt, bill, plaint an or information, or by a special action on the case, commenced or sued, separately, and not jointly, against such inspector and freeholder or freeholders, or against such inspectoror freeholder or freeholders. SEC. 10. And be it enacted, That if any alien notPenalty °Wall. entitled to vote at any such general or special elec- ens voting or Lion, shall vote or offer to vote at any such general ontromgroto or special election, at any district or place of eleC- titled. in en-tiOn in which such person is not entitled to vote, every such alien not entitled to vote as aforesaid, shall forfeit for every such offence one hundred Li ..11111..111.11 60 LAWS OF 'THE. STATE dollars to such person or persons as will sue for the Bow recover- s. ame to be recovered with costs in any court of re-ed & applied. COM in this State by action of debt, bill, plaint or information, or by a special action on the case.. No otherproof And on the trial of any such action against an alien, otifon?'taoturba re no other proof shall be received,, or evidencp given, ceived on tri4 of the natnialization of such alien, than a certificate than the car., under the seal of the court' whereinsuch alien shall thicatto. have been naturalizedVpreviOus to such general or special election. Elections of SEC. 1 I . And be it further enacted, That all elec. inspectors and assess°, s to betions of inspectors and assessors in each hundred of held at the the several counties of this State, shall be held at places of the rite same pl ices as the general and special elections general elec. tons, are dilected io be held by this at and the.act to which this is a supplement. compensati- SEC. 12. And be it farther enacted, That each on to theclerks and every clerk appointed by any inspector under this act, or the act to which this is a supplement, shall have and receive one dollar per day for each and every day he oi they are so employed by any inspector or inspectors as aforesaid. Penalty for SEC. 13. And be it further enacted, That this act neglect, v" shall be read by the inspector in each district in 1), 437 the several counties of this State, in the same man-ner and Under the penalty as the act to which this is a supplement is directed by the twenty-fourth section thereof. Repeal of sec. SEC. 14. And be it enacted, That the first, second 1. 2 & 3 ofand third sections of an act entitled, " An act to chap. iv. val. prevent aliens from voting at elections in this State, and for other purposes," passed the, twenty-third of January, one thousand seven hundred and ninety-eight, shall be and are hereby repealed. SEC. 15. And be it enacted, That so much of the act entitled, " An act for regulating the general elections of this State," as directed the electors of 'OF' DELAWARE. the hundred of Bran,dywine to hold their gene.ral lections at the inn then`ktioWh by the sign of the Blue ,Ball, on the Concord road, then,oceupied by George 414 iller,aad so gi4it, of the saict, act as directed the electors of the hundre,d of Chrisiiitia to hold their general electi'ons at the hoUse then occupied by Mary"Hendrickson, shall be and are hereby repealp.,,, .ed, made null and void ; and that nothing herein This act not Contained shall Ite,deeme& or construed to repeal tto tbee_p ecalele-r name.d" any other clause of article in said act eXcept Whaother clause is hereby expressly repealed. of chap. PASSED AT DOVER, February 15, 18.14. CHAPTER XXVII. 40 APT to authorize Richard Lawrence to remove 40 'taegro man Joshua,from this State to the State of Maryland. ' PRIVATE ACT. P,oissED, 04114r5 15, 1814., CHAPTER XXVIII. ACT to aUthorige the OrpAans? Coutf 9f Kent .1 county to appoint a trustee or guardian for'Sa rah 411a 'altihare, an infant, residing in the State 91 Pennsylvania. PRIVATE ACT. ,PASKD AT ,PDVElt) ? REOrgry. 1.0) 4014. S =1,14111111111111111111111111 6g. LAWS...0411-THE.'STATE CHAP. XXIX. %.;`",""Nd 1814. E ENACTED, b the . Se2zate Appropriati- SEC. B q- and House o4,iffeivesentatives of the . . ... . ...v. . . ... . -. . . ,.., - ' CEI A PTER X*:IX. ..- -...,, An .iCT, for Me parinzeN of ceilain ,elaini s andfirt other purposes.' ,..., . ' ..:.. , on to State of Delaware, in GeneratriAssenial Wei; That the State-treasurer be atid he is hereby .authotiied Jesse Green, adjutant-gen- and directed tc") pay to Jesse Green, adjtitant-gene-eral; ral one hundred and fifty d011ars' ter serVides ;. Thomas Fish- I er, brigadier- pay to general Thomas risher, the suttiof.'.eighty. gelle::ia.,1401 four dollars and sixty-tourCenti, for services ; Long, lientcu- pay to Armwell Long, lieutenant-colonel, 'fifty, Manittcc1oteloIInKeler- 867en dollars and ninety cents ; pay to Mitchell &haw, lieuten- Kershaw, lieutenant-colonel; thirty-eight dollare ant-colonel and sixty cents'i. te pay lb Bent'on 'Harris 'major' Major Harris; , Major Aydc- twenty dollars ;. to pay to Zadoc Aydelott, Major, 114/1otatj;or Cullen;.t he sum of tWenty-one'dollai-S -and fbity-foniCentk; -to pay to,.,Charles M. ,Cullen, major, the sum of Major Elli- fwenty-eight dollars and forty-seven centso pay good; to 'William Elligood, major, the siiin"O 'twenty-one (101166;1 and lorty-four cents ; to pay to cap'. Capt Short; tam n Philip Short the sum of twelve-dollait and jno. Cullen, eighty-seven cents ; to ply to Jonathan qteura rter-m as- quarter-master, the sum of nine dollars and thirty', Jacob Helm, three cents ; to pay to,Jacob Helm, adjutárk,. the adjutant ; sum Of nine dollars andthirty-three cents ; to pay B Watson, to Beniali Watson, adjutant,, the sum of four dOl-adjutant lars and thirty.three cents; 'for like services perform-ed by them when the brigade of Sussex county J. Paynter ; was called into serVice ; to pay to Jelin 'Paynter, .sevendollaiS far storage and carting of:powder ; to e. Layton pay to Clement Layton, the surri of eighteen dol- ' latt ancrsixty Cents for provisiOns. and:, forage fur-nished the militia at Little-creek,' in'Kenteohnty W. Dupray ; to pay to William Dapray the sum of thirty,' dollars for raising a cannon which fell through. thee waste-gates in George Black's mill-dain Lewestown ; to pay to Willard' Halli'eSquir6,1a'te iXilecHariellaet OFDELMVAR secretary.of state the following sums : toswit; sl7 dollars for.'-copyirigr,the,:aet-'of)-kSSernbly, entitled, adt;inCorporating the Wilinirigtan and'Great- Valley turnpike' the sum of ten. dollars foi(asrnFtting d!Sifssek and -Newcastle .counties the laws of several',,sessons of the :Legislature;,. the;.. sum of thirteen.dollarSan.d7fifty cents ing eighteei.(of ',the .fourth: volume of the laws, of this State,:.aud.:thisSiiri .o,f4Ane hiindred dollars for making an index.rohe fotirth volume of the Jaw* Of this State ;, to .pay to William Burton, etquire,.wm. Bur high sheriff of Sussex county,' the-suin of sixty- sheriff four d01,14ES and,sixty-four centsfor bri.nging,Henry Breretonfrom the jail of -Princess-Ann; Maryland, to the jail.of Sussex county ; to pay to Augustus A. M.Sclee M,Schee,the.suni of four chillarsfor printing four quires Of blank,' militia' coirithiSsions ; 'to pay id Maskline Clark; late'arpiourer, the sum of thrrty-m. Clark, ar: eight dollarsfor preparing the arsenal, and for 11.16111"re" trouble in taking care of the arnis aud accoutre-iifenta' belonging_ to this ,State.1 to pay .to-Doctor Dr. 14.1,Callp James NICalltriont the sum of.thirty.dollars for themoliii use Of a:lot Of ground- at the town of Newcastle, on.-which batteries were erected for the defence of. said-place ; to pay to James Wilson, printer,the following sums : to wit, seven dollars for advertis_Jas. Wagon ing _Henry -Brereton, a fugitive from justice, Op sum of Sixteen dollars for printing ten quires of blank marriage. licenses and ten quires of bonds, and the sum of three dollar S for inserting the,.go-vernor's proclamation of the election of representa-tives in Congress : That Joseph Haslett, esquire, late governbr, be allowed to retain out of the sumlr.a ' tHe agsolveettr,neosrq.;. of one thousand dollars, by him drawn from the State,treasurer, pursuant to the fourth section Of an aofiif the General Assembly, entitled, An 'acts providing for the general clan& of the -State of Vol 5, P Delaware,-7passed at a session of the General As-chaP'ii4"" sembly in April last, as stated in his account exhi-bited to the General Assembly at the present ses-sion,, the following sums : to wit, the sum of .four hundred and ninety-seven dollars and seventy-sev- !of. LATS..0F,..THE STATE 4CtHXAtzP.. en cents, being the amount of sundry expenses stated in said account - and also, the further. sum of 1814. fifty dollars and fifty-five cents for discount by him paid the comtnercial,Ban,k,Of :Delaware, as stated in said account, and also the father .sum of thirty dollars for postage on the Jaws forwarded fromother -.$tates to this State, and Also the, further surn-oftWo liundred and twelve dollars..by him paid_for the ap-iireliension of Henry J4ieieton, the ,said ,several sums amounting to.seVe:b.'hundred_andtlinety dol-lars and thirty-two cents, and leaving in the hands of the said Joseph Haslett,.esquire, of.the said-one thOusand ,dollars, so by him draw,n2fromthe States treasurer, a ballance of two liundred,and.nine To refund tars and sixty-,eight cents to be:.byhirn,refunded to 3209 68 ; the State-treasurer : that ,under the second section the,act.of. the General Assembly, entitled, ,". A Vol. ebaPsuppleinent to the act, entitled,,.f An act forth zxv, p.5see.4ppintment of,_escheaters, and, to, declare. and re.. regulate escheats," passed, February 'the first, one thousand eight hundred and six, there be allowed tames Snow' to James Snow, escheator of Newcastl,e , county, escheator of the sum of one hundred and sixty dollars and fifty- Newcastle C. nine cents. for costs of inquisition by. Min held, and that be reointlijs, ;.11:n out of the sum. of :,tv.vohun,; dred and twenty-nine dollars and thirty -centS, rents br him received arising from lands, by him leased vol. 3, p.379, unfler the fourth section of the original act, passed chap. ctxiii January the twenty-third, one thousand eight hun, laescs. 47 1, to bedred and five, leaving in his hands a balance. of paid to the sixty-eight dollars and seventy-ope cens-to be paid 8tatetreasur-er. to the State-treasurer. PASSED, Febroary 16, 18 1 4 . CHAPTER; XXX. ElESOLUTION. -r ' g 1814. :ESOLVED, by the Senate uncl.HOuse of Re**. Commissary) .sentafibed of the State of Delaware; iii'G6trier Atforemsiliintazch ilesembiy,met,' That the govetner: be and he ielierk'C ounty to be by.authotized to apeilt)p;;IeaCh.county:a aPlarlinted. sary of-fnilitarY'4tores4 -Whose.clety it shall be té :obey andcarry into execution all orders arieregilla- Their' duty tions.4 the comindrider in:thief df the itilitia'Of the State, Issued, for the safe keeping; eleaninfInd transportation, of the .,'aeodutref ;ments; and all :other property. °lithe State '.15`elong4 ing .to h the military' departrrient;of Ihe'State; that the said conimidsary -before enteting .dif4 iTenjoined on him, 'shall'give bonctin thCnámO:o f the State of Delaware4, with twerstireties, - to bei4ap, proved of by the governor; and in the penalistunfOf five thousand &liars, conditioned for the 'true and faithful performance of the dety of his office. ResOlvectby the authority tiforesaid, That the .thidCompensati- Commissary shll, keep- an' account all expendilturfoersexPent tures in executing,the duties of hisnffiee; and pre,. Sent the same to the General Assembly at their next session ; which shall be 'settled' and 'allowed, to-gether with such other sum as, in the opiiiionofAnd services, the General Assembly, Maybe deemed'a 'cOmpen-sation for his services. DOVER, February 16, 1814. CHAPTER XXXI. RESOLUTION. ' Or DELAWARE. WHEREAS, since the Declaration of War, considerable sums of money have been ex- 1 $ 66 LAWS OFTHE STATE pended by this State, in defending it against the common enemy of the United States ; and whereas, um. this State, in every attempt at such defence, has, as far as limited resourCes, would admit, had in view as well the general honour and safety of the Union, as their ownindividual security, and deeming it ".lintjUst and proper 'that -money thus expended, ,Slhould, be refunded by thei,General Government,' and assessed in equal proportiOitsrupon-all the con-federate states and territories. Therefore RESOLVED UNANIMOUSLY, by .the Senate fGoorvwearrndo tro ttoh e ,tta,";;'';': r ,nvvc- ayu.e se of Representatives jthe State of Dela- Sec'y at war ware,' in 'General AsSetribly.met,., That the:gtiVernot an account of be , monies expen- and he is herefik requested to forward to the Se-ded by the cretary at War; of the-United States, an account of State, lkc. all 'monies which have been 'expended by this State against the common enemy of the. United States; with a request that the same may be laid. before Congress.. , 1 ' , 4 ECIti.TA.RY"S OFFICE, r *;r GEORGE-TOWN, MARCH 23,. 1814. I do certify;P that in obedience to the rdi ections of an Act of the General As-sembly of the State of Delaware, I have collated with, and corrected by, the Ori-kinal Rolls, this edition of the Laws, passed during the last session of the General Assembly'. PETER ROBINSON, Secretary of the State of Delaware. , At sszonf o r 4 LA W OF THE STATE OF ARE, PASSED ihe General Assembly, BEGUN 'AND. HOLDEN AT DOVER, ' . " Qta Tuesday the third day of January, and ended on Friday the tenth, day çf February, 1 /- IN THE 3(2,Ale0V OUR LOLA, ONE THOIISAND EIGire'HUNDRED AND FIFTEEN, ?AV - , aND oPkgnarniDsPENDUrcs UNITED ST.411E-OF AMER1C4, ;1, 4 THE ,Agt- THIRTY-NINTI-1.1 ""n".""."*"."," OVE11.-AUGUSTI.IS M. SCHEE-43)11NT.* 1815. F * r'ustaiiiiin BY LAWS CHAPTER XXXIL P,A.SSED AT IDOVEB,3 14 January, 1815. OF THE , PUPATE ACT. ... - RESOLUTION. RESOLVEDby t4 Senate and House of Repre-sentatives Oftthe- State y.f.Delaware in General Assembly met, that the Chancellor of the State, in the digest ofr,the acts of the ,Oeueral ASSeInbly,casAesrToortboef which he is preparing, be and he is llereby required added to the to add or annex, by way of notes, ereport or sum-ilaigvesst of the mary of any. cases dbcide_d. in the courts of law or equity in this State, giving a construction to any of said acts of the General AsseAhly. ADOPTED AT DOVER, . 124anuary, 1815. CHAPTER XXXII'. (in ACT to vest certain lands in the hundred of Penca-der M Newcastle county, in Arthur Beatty, not-witlatanding his being an alien at the time qf pur-chasing the same. -62 LAWS OF THE STATE CHAP. XXXIV. %.0-14.1 1815. CHAPTER XXXIV. An ACT authorizing Me trustees of the pop,* Kent county to convey certain premises therein mentioned. ruIVA.TE ACT. PASSED AT DOVER, January 16, 1815. CHAPTER XXXV.1:'.': din ACT to enable Nysa Boggs, a.feme-ciivert, to sell cod convey her right to'ra5'messuage a lot of ground in the village of Milford: PRIVATE ACE. PASSED AT DOVER, January 17th 1815. $1111011111011111111.1131.0.1=K CtIAPTER XXX Chap. cciv. A SUPPLEMENT to an -act, entitled; " An act ta vol. 4, p.564. authorize the Levy-court of Kentgounty to remove Lunatic and insane persons from': the public gaol of rent county to the poor-house. SEc. 1. BE IT ENACTED, by the Senate and House of Representatives the State of Delaware, in General Assembly met, That The act to the act to which this is 4 thippleme.nt, be and the with h this issarne is hereby extended to, and declared to be in a s"PPlerne"tfull force and operation in the countieslieNewcastle extended to - Newcastle & and Sussex respectively ; and the emnintssioners of the Levy-court and court of appeals,. the constables, trowees, and OVCISCC1'9, or keepers of the poor, in the tod counties respectively, are hereby invested with le OF DELAWARE. 63 the same powers and authorities, and are required ArxAv.,Pli. and directed to execute the same in,relation to all elicit lunatic and insane persons as now are or here- 1815. :after shall beconfined in the goals of' the said coun-ties of -Nevvcastle and Sussex respectively, that are given by the said act to which this is a supplement to the same officers in the county of Kent in reld:": tion to lunatic -antOilsane persons confined in the gaol of the said colutty. SEC.2. And be it enacted, That when it shall ap. Trustees pear to the trustees of' the poor in the counties otguleirtre Newcastle, Kent or Sussex, that any lunatic or in cover cont. sane persons, maintained..and supported agreeabl eY TP.naTiatteVer to this act, or the act to,which this is a supplement, of insane per. have or possess any teal or personal estate, it shall""'a"' and may be lawful for them, and they are hereby authorized and required, to take all lawful ways and means to recover a reasonable compensation for the support and maintenance of Such lunatic and insane person, PASSED AT DovEnl'', January 17, 1815.* Me state of Maryland. PASSED' AT DOVER, fra4U04,173 1815. f CHAPTER XXXVII. 1n ACT to authorize:Tenifer S. Taylor to remove his negro man Robert, alias I3o6, from this Slate to PRIVATE ACT. -62 LAWS OF THE STAB' 'CnHuAttPy. . CHAPTER XXXIV. 0.0-vsd atus. An ACT authorizing the trustees of the poprof Kent county to convey certainpremises therein mentioned. 1313.1VATE Act. PASSED AT DOVER, January 16, 1815. rhornrliommw.k. CHAFFER xxxv.,,, 4n ACT to enable Nils° BOggv. s, afeme-cenert, to sell and convey her right tea f4tessudge a lot of ground in the village of Milford: PRIVATE ACT. PASSED AT DOVER, .11 January 17th 181,5. CHAPTER XXXVI. Chap. cciv.4 SUPPLEMENT to an ,act, entitled; " An, act la col. 4, p.564. authorize the Levy-court of Kentcounty toremove g Lunatic and insane persons from - the public gaol of Kent county to the poor-house. E SEC IT ENACTED, by the Senate 04 . B , r 'louse of Representatives of the,.. Stale of Delaware, in General; Assembly Act, Iti4 The act tothe act to which this is a, eitPpleme,O,'lie.and the:. *hi( h this isSatTle is hereby extended to, and deClaad :to be' 6111)Pkinentfull force and operation in the countiesnNewcastiine: 'a extended to Newcastle a, and Sussex respectively ; and the commissioners of 4s6c.x. the Levy-court and court of appeals,, the constables,. trus!ces, and overseers, or keepers of the poor, in ths Laid counties respectively, are hereby invested with CHAPTER XXXVH. - din ACT to authorize Jenifer S. Taylor to remove his negro man Robert, alias Bob, from this State to . .the state of Maryland. PRIVATE ACT. rASSEIY AT DOVER., .4744ariky',A OF DELAWARE. 63 the same powers-and authorities, and are required Agin. and directed to execute the same in relation to all s iich lunatic and insane persons as now are or here- ins. , . shali_beconfined in the goals of the said cotin. :ttes of -Neweastle and Sussex respectively, that are 'given by the said act to which this is a supplement to the same officers- in the county of Kent in rela;'4' tion to lunatic.aninsane persons confined in the gaol of the said colitty. Sgc., And be it 'enacted, That- when it shall ap. Trustees or pear to the trustee's of the poor in the counties ot t:17rertroTt: Newcastle; Kent or Sussex, that any lunatic or in- cover cont.- .lane persons, maintained,and supported agreeably ganinsatetinoanjeor to this act, or the act?, which this is-a supplement, of insane Per' -have br possess any real or personal estate, it may be lawful for them, and they are hersheablly'" "and authorized and required, to take all lawful ways and means to recover a reasonable compensation for the support and maintenance of, sUch lunatic and insane person. PASSED AT DOVER, January 17, 181546 LAWS OF THE STATE CHAPTER XXXVIII. A SUPPLEMENT to dye act, entitled; ".Ata act hi:. Chap. enable the persons therein named to raise a sum not exceedikg two thousand , by lottery, for the purpose of finishing the RoVn Catholic church Of St. Peter's in the toia of keWeastle." 17'64-1/1141" "WHEREAS it has been represented to this Ge- V neral Assembly by a number of the holders of lottery tickets in the #oman'CathOlic 'Church Of St. Peter's, in the town of Newcastle, that the act passed on the third day zof`February, in the ?ear of our Lord one thousand eight hundred and eight, en-titled, " An act to enable th4ersons therein nam-ed to raise a sum not exceeding two thousand dollars by lottery, for the purpose of finishing the Etonian Catholic church of St. Peters in thetown, of New-castle," bath prescribed no definite time, within which the said lottery shall-be drawn and complet-ed ; and that the drawing thelrof hath been greatly delayed to the injury-.ofthe purchasers of tiCketain the said lottery ; For remedy whereof Marlager . Sic. 1 BE IT ENACTED by the Sentte and g to ' proceed 10 lifnese of nepresatittives of the' Statelof Delaware in Gellowl Assent4 'met, That the Managers. of ale said lottery,' 'appointed in and by the said recited-act, or the surVivors or survivor of them, be and they are hereby authorized add required to proceed to the drawing and completion of the said lottery within ibur months from- the date of the passing of this act, and upon neglect tt-refusal,s0 tb0o, shall! Or mom.), to WI hi n two months thereafter return or restoreto0e.,.. bereturned. purchasers, owners or possessors olAtcitets-in,,said-lo:- tcry, or to their legal representatives the sum or suns of money which may have been paid for such ticket or tickets. 'OF DELAWARE. 2. And be it enacted, That in case the said Try-to managers of the said lottery orthe survivors or.survi.; Or of them Shall. not virithin six months after .theirthe lefteiY be laeelect drfai I ure-to draw the said lottery as.aforeSaiti,nsotdrawn,&c. phy .or-Catise,to be paid to the holders', owners* posse-ssoks of Such lottery ticket or tickets, the sum or sums of money 'which may have been paid to the,., said managers .orteither of them, or to their agent or agents, or to antpOori'sor:personson his or their be-half, then it shalFatid'may.be lawful for the-hotders, owners or posseSsors of such lottery ticket or tickets, to recover the same from the said managers or the survivors or SurvivOr of them, or the legal represen-fives of Such suriivors or sinhvivor, with lawful in-terest and costs, in such manner as debts of 'equal a-mount are recoverable by the laws of this State, or such holder, owner or possessor of lottery ticket or tickets may institute a suit or suits upon the bonds executed by the said managers for the faithful dis-charge of the trust reposed in, 'them respectively, and proceed to execution thereon for the sum or sums of money so as aforesaid: paid for such lottery ticket Or tickets. 41.0 PASSED AT DOVER, ZOitiaiy 18, 1816. CHAPTER XXKI*:. j In ACT to vacate so much of !the old road. leading from the town of Newcastle in this State tolsrench -Town, in the statelf Maryland, as is between, the village of Glasgoi:On the hundred, of Pencader, and the Maryland line. .HERiAS it appears to this General Assem- Preamble. bly that in consequence of an aztificial road havitig been'tnade and completed- from' the town of Newcastle, in this State, to French-townrinthe state 66 LAWS OF THE STATE CHAP. XXXIX. 1815. of Maryland, that part of the .old road, formerly used as a public highway between he aforesaid places, which lies between the village of Glasgow in the hundred of Pencader and the line of The state of Maryland intersecting the said road, on the farm of Oliver it Howell, has become useless and unnecessary to be kept open as a public highway. Part of public BE IT THEREFORE ENACTED by the Senate toad vacated. and House of Representatives of the State of Delaware in General Assembly met, That the said old road lying and being between the aforesaid points, to wit, the village of Glasgow, 'in this State, and the line of the state of Maryland, and heretofore used as a public; road between Newcastle and French-town, be and the same is hereby vacated. PASSED AT DOVER, 90 January, 181.5. CF1APTEit XL. An ACT to authorize and empower Doctor James Der. rickson, of Sussex county, to bring into this State from Caroline county, in the state of Maryland, a certain negro man, and hold him as a slave. PitiVATa ACT,. PASSED AT DOVER, January 26, 181,5. .z, CHAPTER XLL An ACT to prevent nuisances from being committed upon the public roads, or upon any street, lane, or alley in any borough, town, or village within this State. OP DELAWARE. 67 IDE IT,ENACTED by the Senate and' , DEC. 1. Houk .of Representatives of the iMaltseafodr State of Delaware, in General Assembly met, That annitylls up-fi! om:and .afterlhe.passing -of this act, if any person 9ncertain pub. cli place& or persons shall' place or permit or suffer any person in his; 'her or their employ 'to place, or having s. placed, shall for the,, space of six hours thereafter leave, any 'dead etying,horse, hog, sheep, mule, cow or Other cattle: or anirmal whatsoever, which may amount to a nuisance, upon-or within one hun-dred yards of any public highway or turnpike road established by law within this State, or upon any street, lane or alley in any borough, town 'or village within this State ; the .persOn or persons so offend-ing, and for every such offence, upon proof thereof being made before any justice of the peace within the county within which the said offence may have been committed, on the oath or affirmation of one or more reputable witnesses shall sforfeit and pay aiiyadin not exceeding five Sollars,, to' recovered.To be recov.. with costa of suit, in, the same manner as debts un..ered as debts der forty shillings are by the law i Of this State recov- rindgesr4reOselcdo.l. erable ; the one half to be paid-over to the trustees Ofverable. the poor of the county in which such nuisance Shall hiV.e been committed, to be by them applied for the Applied' .ustof the poor of such county, and the other moi-ety to the person 'who shall" prosecute for and reco-ver the same. PASSED AT DOVER, 96 January, 1815. C [Oita XLII. 4nACT- to vacate and alter part ofa road therein . _ . Mentioned. WTHEREAS it has been repreSented to this Ge- V V neral Assembly, that part of the road running Preamide: from the Alaryland line across Gum Island by Mp.- CHAPTER An ACT to incorporate the trustees ofthe Union school in Newcastle 4 mired. s Ec. 1. E IT ENAOTED, by 14 Senate and House of Z?erresemeatioes, f the Trustees in.State of Delaware in General AsSenahly Thai' Wrporated ; Samuel Moore, Bennett Downs, ROW:10101e, Samuel Nivin and Alexander Femister shall be; and they are hereby constituted a body poliiie "ands' OY-porate, by the name and style Of; "The trustees4 P4'" Union school," and 11 that name halt have CO LAWS OF THE STATE clar jor Anderson's to Milford, Which. lies between the upper and lower mills of David'ftiggs may be,vaa 1815; cated and altered with much advantage to the plibr tic and to the said David Riggs BF IT THEREFORE ENACT-ED hy the $eiorta and House of Representatives .of the State of Delawar4 in Genet .al Assemok met,Tliat:S*Ucji of said road Roadvacated, as lies between the uppeeand,Wyker mills, of the when, 8sc. ' David Riggs, shall be and is hereby de,clared- to ,he vacated, and it shall -and. may be lawfUl for ,the said David Riggs, his heirs and assigns to enclose and shut up the said road, when and. as soon as the sad David Riggs shall cause to be-laid mit, cleared and tendered passable a road of forty feet wide,. :which' shall be in as good order as the road so vacated, bel! ginning at or near the said upper mill, and running thence north siXty-nine degrees east, one hundred and four perches ;. thence northfifty-six Ogreq east one hundred and sixty-four perches, 'and thenee north seventy-four and a third degrees east ninety, two perches, to or ,near the paid tower milt, while it will again tauchthe present road, PASSED Att DQVgRi January 27, 1315. bELAIVAltri, 64 perpetual .succession, and may sue and be Stied, 6t41. plead and be impleadedi in any court Of la W or State. SEC. 2.. And be it enacted by the authorit afore. said, That tfiV said trustees and their successors, by the narrie.aforesaid, shall be capable in law lb pur- itadzrdchate chase, receive and hold any lands, tenements, rentki,trty; goads or chattels WhiCh shall be given, conveyed Or devised to thetifi'.,-,fiSi tlikinse of said school, and to sell', refit or dispose of. the same in such manner Acne disPcso ,a§.tO them Shall seem, most beneficial to the said° samefr school ; and may have and use a common seal *WI such device or devises as the said corporation shall think propel, with the 'power of altering or chang-ing the sanie as may be thought proper. SEc. 8. And be it enacted by the authority afore-said, That the said trustees or any three of themMt:IP: shall have power to meet from time to time, and, 74 Shall and may make and establish all such by-laws, rute and ordinances, not contrary to. the laws and Constitution of this State, as they shall jittlge neces-sary and proper for the good goirernment of the said school ; and to appoint a president, secretary, tutor or tutors and treasurer ; the treasurer shall re_ And appoint ceive all monies accruing to the said school and pro-°fficers 1 perly delivered to his care, and pay or deliver the same to the order of the majority of the trustees of said school, which order or orders shall be signed by the president of the board of trustees of the said school and attested by their secretary ; the said .treasurer, before he enters upon the duties of his office shall give bond and good security to the trus- Trusteea to tees of the Union School, and their successors ingivebond,sua office, in the sum cif:one' thousand dollars, condi-tioned for the faithfuldischarge of the trust repos-ed- in him, ,.and that he will, when required by a Majority-ref' the trustees of said school, render a true and just account of all monies, gOods and Chat. t406 received by hith on account Of and kr the use 70 LAWS OF THE STATE CHAP. of the said school, and for the delivery over of all 1CLIII. monies in his hands, together with all the books. 1.214. and papers to his successor in office :-the said trus-tees shall allow him a reasonable compensation for his services. SEC. 4. And be it enacted by the authority aforesaid, Elections to That an election shall be held at the Union School be held for trustees; room on the first Tuesday of:May, in the year one thousand eight hundredfand sixteen, and annually on the first Tuesday of May ;' at which time and place each person who shall send a child or children oQf e-lueacltiofrisc,a t&i" to the said school for six months previous to the election, or shall have paid twenty dollars to the establishment of said school or to the enlarge-ment of the funds thereof, shall be and are hereby authorized to choose by ballot trustees for said school : No person or persons shall be chosen a trustee or trustees for said school, unless they shall have the same qualifications as those who are entit-led to vote at such election : And in case of any vacancy in the board of trustees of said school., the secretary of said board shall give public notice by putting up three or more advertisements, at least ten days before the day of meeting, to supply such vacancy or vacancies, as the case may be, at which time the persons qualified as aforesaid may meet an() supply such vacancy or vacancies. PASSED AT DOVER, January 2S, 1815. OT ttustees. CHAPTER XLIV. Vol. p. 247. An ADDITIONAL SUPPLEMENT to the an en, "An act for the appointing q corder or measurer offire wood in each of the towns and villages within this State." 13E IT ENACTED by the Senate and SEC. 1. 13 House of Representatives of the State of Delaware, in General Assembly met, That if any OF, DELAWARE. 71 person within the village of Camden, when there is personsPenalty .on . any swood corder or measurer appointed and SW0111, Camden ,buy. shall buy any*fire wood Which is not "measored Ornillog Ire wood t easured, to be Measured by the "wood corder of the village, the person purchasing the same shall forfeit and .pay for every parcel of wood so beught, the sum of one dollar and fifty cents, to be recovered before any How recover. justice of the peaceof the county by.any person 6' persons who will suelffir the same, in such manner 0., as debts under forty=shillIngs are recoverable ; Which d forfeiture, When recOVered as aforesaid, shall be paid" appa.44. over to the trustees of the poor, for the use of the poor of the said county. SEC. 2. And be it enacted, That if any measurer Penalty on or corder of wood within the village of Camden,zuosd. corder shall neglect or refuse upon application of any per- mg' son to attend in person or by deputy forthwith, for the purpose of measuring wood, unless he can give some good and sufficient reason for-such neglect or refusal, shall forfeit and pay for every such offence, the sum of one dollar and fifty cents, to be recover-ed as before mentioned ; which fine when so re-covered shall be paid to the trustees of the poor, for the use of the poor of the said county. SEC. 3. And be it enacted, That no person or per- Penalty on sons whatsoever, without deputation from the cord-er, shall cord or measure any fire ywood hereafter to authority ; be sold, or brought for sale into the aforesaid village of Camden, upon pain of forfeiting the sum of one dollar and fifty cents for each cord of wood by him or them corded or measured, and in proportion for any , fesser quantity, to be recovered together with costs of distress and sale of the offenders' goods and Chat- eHdo;awng r eapcoplvieedr. tels, by warrant under the hand and seal of any justice of. the peace of the same county, and paid, the one half thereof to the corder, for the time be-ing, the Other half to the informer. SEc. 4. And be it enacted, That there shall be paid by the buyer of all fire wood which shall be LAWS OF THE STATE comper140.brouaht for sale into the aforesaid Village of Can-idea on to. Order . to be piid by onto the corder thereof or'his deputY1 for each-dth'd the buyer ; of wood by him's° cOided,and measured, the shin Half to bc de-of twelve and a half cents',-and SO in praportiOnfOi ducted out cony greater or less quantity one half Whereof Shall, the price of by the-person selling the same, be repaid to the the wood ; buyer Or deducted DUE of the price thereof : And How recover-Upon non-payment thereof, the same may be re, ed. covered by the said corder' Or".hiS deputy and the buyer respectively, in'tke Mariner as ::ither debts under forty shillings. SEC. .5. And be it enarted, That so much of the act to which this is a supplement, as is hereby ,contra-dieted, altered or amended, shall be and the same is hereby declared to be null and void. PASSED AT DOVER, 30 January, 1815. . Repeal. Immq CHAPTER XLV. An ACT to incorporate a company for making an aril .ficial turnpike road from the borough of mington to the village of Christiana, in Newcastle county. E IT ENACTED,,bq the Senate and SEC. 1. B House of Representatives of the Slate of Delaware, in General Assembly met, That Commissi'on-James Ross, George R. Massey, James Stroud,' era appornted..Tohn M'Callmout, William, Warner and James Price be, and they are hereby ,appointed commis-sioners to do and perform the things hereinafter mentioned ; that is to say, they shalren or befor6- the first Monday of May next, procureandar more Shall open books, and in each of them enter as follows : " We subscliption books; whose names arc hereunto subscribed do promise to pay to the proident, managers and company: 4 OF Da4AwAtiz. 74 the ,Wilminkion and Chriatiana-AuriVike 'r04 the sgm 0.-z.Pfty d011ari,,for every sbal.e,of stock in the said Cointiany set : opposite to otiorppep, tive natnO, ir0 sock. manner and proportions, and Of.S.PPfi', ti.Mes as shall be determined by the pre-sident _ancrinanagers of the:said, company, and Shall thereupon give notice-in, one Or -more of the:, public papers prinle#:--in" Wilmington; and other Anedgri vise reasonable and suffistint Aublic notice for one Ca- ving subscrip letidar month at least: of the time and place, when t10T18. and where the said book i shall be opened to receive sobscriptions, for the stock of the said company At which time and place"'some two of thesaid PPM. MISSiCilCkS shall attend, and shall permit and suffer all persons of lawful age who shall offer tO subscribe in the,said books in their own names Or in the names of any other persons, who shall duly authorize the same, for any number of shares in the said stock and the said books shall be kept open for the pur-pose. aforesaid,- by somP one Pr More ..of the said commissioners', until- font. 'kindred shares shall be subscribed therein ; Provided, That every person of-fering. to subscribe ' in..4he Said ,bookg in.tisnw.n Proviso. 4alllo or any other name Shall previously pay to.the attending cornmissiciner or commissioners, the sum óf-en chillars'for every share to be'subscribe.d, out of which shall be paid- the expenies'attending.the taking the subscriptions and other incidental charg-es, and the remainder be paid over to the treasker of the corporation- as soon as the same shall be or-ganizeda. nd-tbe offic'exs chosen, as .hereinafter men, titoned. SEC. 2. And it ezicte.ted, That when ten persons Subscribers or more shall have- subscribed-fifty sharesrof theincorporatedm said stock, they shall be created into one body po-litia'and: Carporate,- in, deed and in law, by the name, style:and title of "-The, president; managers and cornpany of .the Wilmington and Christiana trqn.:1 pike road "ancljby -th6!saine name the.said'subseri- e pow. bersshall,-have.perpetual,succession and all the pri- Vileges and franchises incident to a corporation, and 74 LAWS OF THE STATE XLV. 1815. shall be capable/of taking:and holding the said cap., hal stock and the inerease and-profits thereof, and of enlarging the same from time to 'tithe by new subscriptions, in such manner and form a's they shall think propel, if such enlargement .shall be found necessary to fulfil the intent-of this actand of:piit-chasing,, taking and holding to them, their succes-sors and assigns, and of selling;'-transferring and conveying in fee-simplelir any;leSser estate, all such lands, tenements, hereditathents'and estate real and personal as shall be necessary for them in the pro-secution of their works, and of suing and being sued, and of doing all and every other matter, and thing which a corporation or body. politic may, law-, fully do. SEC. 3. And be it enacted, That the commission- Notice of the ers aforesaid, as soon as conveniently may be after' recho&05Inje the said number of shares shall be subscribed, shall officers. give notice in one qr more of the public papers printed in this State of the time and place by them to be appointed, not less than fifteen days from the time of the first notice, at which time and place the said subscribers shall proceed to organize,the said corporation.; and choose by a Majority of the votes of the said subscribers, by ballot, to be deli.; vered in persOn or by proxy 'duly authorized, one president and nine managers, one treasurer and such other officers as they shall think necessary to conduct the business of the said company for le year and until other such officers shall be chosen : President andAnd the said pi esident and Managers or a majority of , managersntay them, shall and may make such by,-laws, rules, or-make by..A1W S uers and regulations, not inconsistent with thelaws Ecc. of this State,- as shall be nOdeisary.for the w-ell'or-r; dering the affairs Of the said company Pa- ovided always, That no person shall hayomcire-then_ five' Votes limited, votes at any election, oein,determ.iriing.4, ny Ines"- tion arising at Such meeting, whateVer nuMber of shares-lie may, be entitled to? and thateacliper`aciii shall be entitled .to one vote for every sliare-bk:bi.iii held under the said number : Provided nivertheleii, OF bELAWAitgi That all future, an,nual. eleetieniOt: the. said,eat'Po;tifre..ki.,::41. ,:atiOn shall bp held4lth.stieh notice and in manlier an dfôrth aintesaid,Zat- Such places 46 the inanaids afbre§aid shall dire& and appoint. SEC. 4.. And be it.enaote:cl, That the Said cOhpn Meeting of shall Meet On the. firSt Monday in the .rhonili May, in every year, at stteh- place as Shall be hd by their by-law, 'fOOhe purpose of choosing 'd cers as aforeSaid, 'forAhe ensuing year, in Marin'est Coresaid, and at such Other ,timeS'as they shall be tdriimOned by the managers, in Snell thantiec and form as may be prescribed by their. Which said annual and special meetings tii6y Shall have full power and authority. to Make, alter o(re,- peal, by a Majority Of votes In Manner. .afoteSaid, all suoli by-laWs, rules, ilers and regulations hS aforeSaid, and to do and perforin hny other Corpo.- rate act: . maSniadg.e r6s. fiArsnt dt ob eb iet ecnhaocsteend.,a Ts haafto rthesea ipdr,e ssihdaelnl t pàrioi-ds hCaerrteifsi,c a&ftce.t of ente certificates,- to 'be Written'or ,ptinted, for. all- . the sharesof the stock Of the said -coMpany, and shall deliver one such certiAeate sighed by the pre-sident and counterSigned by the treastiter.and seal-ed with the conarriOn seal of the said 'corporation) tb each person for every share by him subscribed and held, he paying to the treasurer, in part oldie thum due thCieOn, the shin of ten dollars for eaChShard, WhiCh certificate shall be transferable at his Transferable. sure in person or by attorney, in the presence of IYe preSident or treatirei:, snhject however to all Mem§ due or i.e. grow 'thise.theredni hiid,the assignee holding any Ortifidte*,. kiawfig {irk. caused the a,s, signinent to be.ehfeted in a book of the eoliti?Tliy to be kept for the p'uroide., Shall be a member of the Said'corporation' and foretiety certificate by bun held shall be entitled to One Share Of the saidthi:stdck, and Of all the estates and einolunets of and th i'tdie'ak afo'resai:d fits theked: C 76 LAWS OF THE STATE President and SEC. 6. And be it enacted, That the said presideni managers akifeeetOtc. and managers shall meet at such times and places, and be convened in such manner as shall be agreed on for transacting their business, at which meeting six members shall form a quorum, who in the ab. sence of the president, may choose a chairman, and shall keep minutes of their trIns
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|OF LAW ' PASSED ' fa Session of the General Assembly, BEGUN AND HOLDEN AT DOVER, 401V: MONDAY THE SIXTH, AND ENDED ON THURSDAY . THE FIFTEENTH DAY OF APRIL, ' g IN THE YEAR OF OUR LORD, ONE THOUSAND MGM" HIMMEL) AND THIRTEEN, - AND ' vr TUX 1/./ D2P. BN. DENCE. OP TUB .4: ITICITEp STATES OF AMERICA, THE THIRTY- SEVENTH. PUIILISRED By AUTUORITY. POVERAUGUSTUS M. SCHEE-" PRINT. ; k 1_ 813.
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