text:
Laws of the State of Delaware - Volume 4 - Page 1
|1 of 767
small (250x250 max)
medium (500x500 max)
Extra Large
large ( > 500x500)
Full Resolution
All (PDF)
This page
STATE - OF F ROM THE SEVENTH DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED. AND SIX, TO THE THIRD DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND THIRTEEN. VOLUME IV. c2idlielled t. dadOrity. .1816. WILMINGTON: PRINTgD BY M. BRADFORD AND R. PORTER.
Object Description
|Laws of the State of Delaware - Volume 04
|Date Original
|Laws of the State of Delaware. From the Seventh Day of January, One Thousand Eight Hundred and Six, to the Third Day of February, One Thousand Eight Hundred and Thirteen. Volume IV.
|Delaware General Assembly
|M. Bradford and R. Porter
|Department of State
|Full Text
|STATE - OF F ROM THE SEVENTH DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED. AND SIX, TO THE THIRD DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND THIRTEEN. VOLUME IV. c2idlielled t.dadOrity. .1816. WILMINGTON: PRINTgD BY M. BRADFORD AND R. PORTER. - .4* o:41 STATE OF DELAWARE. ---,11P.P*.o. CHAP. I. CR A. P. An ACT to change the name of Duck-Creek Cross- . _Roads, to Smyrna. E it enacted by the Senate and SECTION' 1. House of Representatives of the State of Delaware, in General Assembly met, That the village, situate. in Duck-Creek hundred, in Kent county, now called andknown by the name of Duck Creek. Cross-Roads, shall from and after the passing of this act, be called, taken and known by the name of Smyrna ; and that all acts of the General Assem-bly of this State, deeds and other instruments of writ-ing, in, which Duck7Creek Cross-Roads aforesaid is named, shall be construed and taken to relate to the said village, hereby. called Smyrna ; and that in all legal proceedings, which may have any 'relation to the said vill4ge, or m which it may hereafter be necessary to use the name of the same, it shall be called Smyr-na, instead of Duck-Creek Cross-Roads. Passed at Dover, Jan. 16, 1806. The mime of Duck.Creek Cross-Roads changed to Smyrna. 4 LAWS OF THE STATE Cliap. 135,3 vol. p. 298. Certain public papers from 1'ciinylvan in, to be recorded. H A P 1806 win ACT/or en. (Wing Ashlar :limes to remove his mill and erect a dam on Swim-Creek, at a place one hundred and seventeen perches on the several water courses Ann said:Jones old mill, down said creek, in Indian-River hundred, and county of Sussex ; and for the condemnation of two acres of land on the south-west side of said creek, at the place Passed at Dover, Jan. 22, 18,06.Private act. -,--.01111111 we 43P ." CHAP. III. 4 Supplement to an act, entitled, "yin act, authoriz- , ing the ,distribution pf certain public papers relating ' to lands in this State." SECTION1. EH oitu seen oacft eRde pbrye sethneta tiSveens atoef a tnhde State of Delaware, in General AsseAbly 'met, That the public papers, relating to lands in this State, which have been deposited, or hereafter shall be deposited in the several offices for recording of deeds for the counties of this State, respectively, under the au-thority, and according to the -directions of the act, to which this is a supplement, which in any .wise relate to or make the title or part of the title to any lands, tenements or hereditaments in the re-spective counties of this State, or which shall be deemed necessary or useful by such person or per-sons as shall be appointed in each of the counties of this State, to view and examine the said papers, which now remain upon the files in the Several - 'OF: DELAWARE. '- -, offices for 'recording of deeds for the ' counties of thiSiStateH respectl y; 'shall within twelve months be recorded by the.-.recOrder of deeds for' teirej spective counties of this State, in one or inoielt bound boolaor books in folio, by the said red6rder of, eacif county: for:that ., purpose' tó ':bbee ', provided ; and' the book ; ' or'books wherein, the ',said iPaPers shall be so recorded,. shall be deemed and taken as publiereCords ;. and it shall' be lawful for the re-corders- respectively to make put.and.grant,'eXent.: plifieations thereof,' 4hich shall be- taken ) and, re.: ceived. as-evidence,., in the same 'Manner as exem.: plifications- from the originals heretofore have been taken and' received, ,and for each and every' exem-plification made from - said record, the' 'recorders respectively may ask and receive' the Same fees as they are 'entitled to receive for similar_ services by the act, 'entitled, ,: An act for regulating and esta-blishing fees." ' . . _ - SECT. 2. .dnd be it enacted, That the governor be, and he isbereby authorized and required to ap-point three persons in each of the counties of this State, 'whose dutpit shallbe carefully and diligent-ly to examine the said papers, and report in writing to the recorder of the county, where they shall be appointed, all such papers as they, or a majority of them, shall deeiu useful 'and necessary to be recorded ; and, the said persons, to be a. ppointed as aforesaid, or a:,,. majority of them in each county, are hereby authorized and required, when the re-corder of the coinity; where they are appointed, shall have entered of record the papers by them to be selected as aforesaid, carefully and diligently to compare the said record with the originals, in their respective counties, and certify- the same under their hands and seals in the said book or books, and make such allowance as they shall deem a rea-sonable compensation for the recording said papers, and the cost of procuring a book or books fbr_ that purpose ; and the said persons, so to be appointed as aforesaid, shalldra.w, in their respective counties, The books to be deemed public records.. Exemplificati-ons thereof, evidence. Governor to 0.1) point persons to , examine and re-port the papers 'to be recorded, &c. Allowance u recording. Compensation to the persons so appointed. Their qualifica-tion. LAWS! OF THE ;STATE An order or orders on the :treasurer of their respec-, reof, which shall but Of:the monies tive- counties for the ,pay.men by: hiM be paid and discharge , . , , &CT. 3. And be it enacted, That the persons who shall .beappointed-as aforesaid, -:shall have and ire-ceive. for their services, such suM, or sums of mo-ney, as the Levy -court of eaCh -county shall deem reasonable, not exceeding two dollars each; for each and &cry day.they 'shall, be engaged in the performance of the duties herein-required of them; and they and each of them shall, before they enter. upon the duties required .of ,them by this ,act, take anf oath or affirmation before. some .person lawfully qualified to. administer the same,: that they and each of them, will faithfully , and diligently, dis-charge the 'trust reposed in .them. ' Passed (it Dover, January 23, 1806. CHAP IV. A supplement to an aet, entitled. "4,i act to author-ize the owners and possessors of Hudson's Branch, and low grounds adjacent, situate in the forest of Murder/rill hundred, in lent county, to cut a ditch or drain through the same." Passed at Dover, Jan. 23, 1806---Private act. ii 6 CHAP. 1806 'OF DELAWARE.' iV.. din ACT .tviuthorize the commissioners of die land office foi,the comity-of Sussex,to.,.appoint a person to transcribe the 'caveat dockekin the county of Sussex. . , E it enacted by the Senate and SECTION 1. House of-Representatives of the State of Delaware, in General Asseinbly met, That it shall' and may be lawfutfor .the' commissioners of the land office for the county, of Sussex, and they are hereby authorized and: requited to cause the caveat- docket; , in the said county of Sussex, to, be carefully copied and transcribed, under their care and direction, in one or more well bound books, in folio, to be provided for that purpose, by. such ,person As. they shall appoint, who shall have and receive such compensation therefor, as shall by the said commissioners of the land Office be deemed reasonabld;. and the 'said commission-ers of the, land office are hereby authonzed and re-quired to draw an order on the treasurer of the said county Of Sussex, in favour of the person by them appOinted, for the payment of the sum by them allowed, which order the said treasurer is hereby required to pay and discharge.; and the said caveat docket, when so transcribed'-and copied, shall be deposited in the recorder's office for the said coun-ty of Sussex, and shall be deemed and taken as a public record ; and the recorder of the said county shall, after the said book or books is or are depo-sited in his office, enter therein; in a 'fair and legi-ble hand, all proceedings of the commissioners of the land office for the said county, touching or concerning any caveat that may thereafter be enter-ed before the recorder of the said county. Passed at Dover, Jan. 23, 1806. C H A P. 1806 Commissioners of the land-off, fice in Sussex, to cause the ca-veat docket to be copied. Compensation. How paid. Copy to be a public record. Proceedings ato)I'I. ers to be enter-ed, Six. S /I A P. VI. LeV%-) 1805 Ante. chap. 70, 3 vol. p. 160. Repeal of the law vacating part of' Water-street in the borough of LAWS OF THE STATE , 'CHAP. VI. SECTION 1 4n ACT to repeal part of an act, entitled, "4, act to vacate and discontinue the street 'called Water-street, in the borough of -Wilmington,. from Mar-ket- street, westwardly, to the line of the said borough, and for other purposes." E it enacted k'y the Senate and House of Representatives of the State of Delaware l in General dssembly met, That so much of the actf, entitled; "Au act to vacate and distontinue the street called Water-street, in the borough of Wilmington, from Market-street, westwardly, to the line of the said borough, and for other purposes," as renders it lawful for the burgess and assistants of the said borough, to- shut up and cause to--be.-vacated and discontinued, the said Water-street, eastwardly from Orange-street to Market-street, be, and the same is hereby re-pealed, made null and void. Passed at Dover, Ian. 23, 1806. ........roalOwP J. C H A P. VII. 4n ACT to enable Martha Noxon, ath»inistratrix of Benjamin Noxon, late of New-Castle county, deceased, to convey and assure unto Thomas Clay-ton, a certain lot of ground therein described. Passed at Dover, Jan. 24, 1806---Private act. OF DELA:WA:RE. ' C:11 A P. VIII. ACT authorizing the administrators of James ,.,11Fe1yment, deceased to conae,- , d certain piece;of ground; ;therein recited, , unto Benjamin; Bra'dy. ,Passed at Dap' ervalan. 2.4,,180,67Private act. r, ; I . C HA P. 1X. ,authorize Ma,4:. Kean, Matthew' Kean , and :John Stockton, - administrators of 'Thomas Kean, tlecoytsetl,:to-cotruey,a certain .4g of ground to . '1 Rassed at Duaer, Jan. 24,,1890Private act. t ' r ; C H A P. X. 4n; ACT for raising the sum of one ;thousand dollars; a' Lottery, for the purpose; of repairing the cause. ways near Predei'ica, on the :State,roadfrotn Dover to Milford. CTI, N 1. Eo fit R eenparcetseednbtyat,iMvees Soefn atee anSdt aHteo u'soef Delaware, , in- General Assembly ,-met, 'That it shall 1.0nery to re - add may be lawful for the managers; herein after w1a)"yii.s at F"r"eed-e - appointecl, to 'institute, carry Otuand.draw a lottery no- B CU k P. VIlE L136-6-1. LAWS OF THE' STATE C if A 12, stArI 1.806 INI:Mgers ap. pointed. To give bond. Their duty. SECT. 3. And he it enacted, That stile Said:ina-ringers shall publiSh; in at :least.one :neWspaPerin ' this State, for the 'spaced' cSix -weeks, rands if.they- 'deeM it neceSiary, neivs.:papers. out of this'State, the scheme of said lottery, as soon .after, 'the Same is agreed on as may, be convenient ; and, on or, .fore the Second Tuesdayin October. next, if at that time a sufficient number of tickets shall have' been sold, and if riot, as soon -thereafter as conveniently_ may be, proceed to..thr,ArWing and finishing the said lottery, and the: fortunate adventurers shall be paid the, prizes drawn against their numbers, on 'Forfeited priz. demand, at any ,tirne:Withik..one year after the eh, how applied, drawing of Said lottery ; but if not demanded with-in the, time,.aforesaidr the said-priZes shall remain in the haqf.lsi,of,.said,manager,s, to be applied.: by them \to tlAyepair Aod support of, causeways; as aforesaid. Managers to di. .,..St,C T. 4. And,40 It enacted, ThWthe managers rdeiteutr tehse, "Penaforesaid, Shalt superintend..and,, direct the experi; diture .of the*said sum rmisoct by ''PPa' much, thereofras pay .firidnee,o,s.pry 'fon raising and re1iair1ng,baidi;:,c4usoway$,-4,6 aforesaid, And rePert and shall make, report Of their ,expenditure on Said 'for raising the sum, of one thousand dollars, clear of all expenses ; and the said tim, when so raised, shall be applied AO; the raising and repairing' the causeways over the marsh' or tripple,.of,MurderkiP; creek,- near Frederica. .SECT. 2. 4d bC-it enacted,. That Andrew: Bar-ratt, ..,Peter Lowber, Samuel: White,: MKiminey Smack and Perry Boon, or the surriyors of them, shall be, and they are 'hereby. appointed nianifgersof said lottery,' who and each -awhom, before they' enter upon the duties 'required by:this:act, .shall give bond to the treasurer .of this State in the sum of two thousand dollars, conditioned for the faith-ful ,discharge -of the trust reposed in them by this , act. .OF. DELAWARE:: causeways, -according to the direction of. this act, as soon thereafter as reasonably may be, to the 'Levy court of Kent county,, Whose ditty it shall be to examine and adjust said accounts, and see that, the money is. rigl4fully.expen,ded according to the reetion of this itq, allowing the said managers On Said settleineik to be inacre with diern Severi:and-an half -per eent, commissions for the Actual srina raised by ,sa41.1ottery, and expended on the ,.causeways, aforesaid.' Si T .,5. And be it enacied,'Tilat ii after two years ii.om-the drawing said lottery,' there shall re-main in the hands of 0:tid:'inanagers, ' any ..thim shins Of rrioneY raised aS,aforeSaid,, unexpended on said causeways as aforesaid,. it shall be their duty, and they are hereby' directed: and required to pay the Same to the treasurer of Kent county,' tO'be ap-propriated by the Levy court "aforesaid, lie necessities may require. " 6.,.. 4ad be 'it 'enacted;. That if 'the tickets Shall'not be sold within tiVoyears,after the publiea-tion' of the ' scheme ' !of 'said lottery, the - managers , aforesaid 'shall i:etitirri and.'Pay. OVer to' every person or ,periOn4, On deinand, 'the respective sums that may We been received for tickets sold in saidlot-tery. Passed; at Dover, ilanuarii 27, 1806. 31 thereof to the - Levy court, and by them to be allowed com-missions. Unexpended sum to be paid. over to the county treasur. er, &c. If the lottery be not drawn, ad-venturers to be repaid. .12 LAWS OF THE STATE CU A. P. RI, L1e80y6J CHAP. 'XI. Preamble. An ACT to incOrporate a- company for .the purpose of erectine a stone arched bridge over the BratidYwie creek. - HEREAS,. a number Of the -inhabitants Of the county of New-Castle have petitioned the General assembly of this State, to incorporate a company for the purpose of erecting a stone arch-ed bridge, over the Brandywine' 'creek, at tW endlof Market-street,- in the borough of Wilmington' to unite With the main post-road through the hunired of Brandywine; and it .appearing to this General assembly, that the completion such a work Will be of public utility.... Commissioners SECTION 1. Be it therefore enacted by the -Senate appointed, and House 'of Representatives of the State of Dela-ware,. in .General Assembly met,: That Thomas Lea,. William Pocile, Joslitia Wollaston, Moses Rea, and .Tames c'anby, or any, three :of 'than, be, and they are hereby appointed commiSsioners 'to do and perform the several diitiel herein after mentiOned : fToor soupbensc rbiopotik-s that is to say, they 'shall and May, on or before the ons. first day of May next, procure one or more books, as they shall think necessary, for the purpose of receiving subscriptions to defray the expense/of building the said bridge, and shall therein enter a promise or engagement to the following effect, viz. Conditions We, whose names are hereunto subscribed, do thereof. promise to payto the president, directors and com-pany of Brandywine bridge, in addition to the sum of ten dollars, paid at the time of subscribing, for every share of stoat in the said company set oppo-site to our names, the further sum of forty dollars, making in the whole fifty dollars, for each share, in such manner and proportions, and at such times and places as shall be determined by the president and directors, chosen in pursuance of an act of the DELAWARE, 13 General assembly; entitled,, An act to incorporate a c company for erecting a stone.,,arched,,bridge over the Brandywine-creek3 ',and .shall' thereupon ;proceed, to receive -Subscriptions- for the stock of the said ;CompEt-ny, the.tapitat whereof is hereby, declarteand intend- Capital and No. .ed ; to be twenty,; ;thousand: dollars,,divided'into four of shures. hundred. _share; andy the said cOminissioners,, shall cause the said becks to be opened, forthepurposeof receiving Lstibscriptions, and shalt -appoint a. CC11:411 Time and place dayeiand,place .,for:. that .end, of which public notiee for receiving shall be :given, by., printed advertisements, - at least subscriptions to twenty.; days before the thy.. so.. appointed,: when and be notified where : the . said , books vi1l be opened to.. receive subscriptions, to the stock of the said .company,,, at which time and place two or More of the said epin, missioners shall attend; and shall permit and suffer' all persons.who-shall offer to' subscribe in the said books, (which, shall be kept open forthe purpose. at leastsix - hours, in every juridical day,) for, the space of three how ion to be kept opet. days successively, if three days. shalt be necessary; and on the. first of the said three days any. persen,.of the age of tWenty-one, years, shall be at liberty, to sub-scribe in. his. own name . or . any, Other name or names) manner or sub. by whom he shall be, authorized by a power of scribing. attorney in writing, for, .one share; On the second day,:for one or, two shares,; on the ...third, day, for one, two or three shares; and: on any succeeding day, While, the books shall remain open, , for any number of shares in the said stock : Provided ahvqys, Proviso. That every person, offering to,, subscribe in his own name, or, any other name, shall previously pay to the attending commissioners ten. dollars, for every share to be subscribed, out of which shall be de-frayed the expenses attending the taking such sub-scriptions, and other incidental charges properly incurred anterior to the first meeting of the stock-holders, ,and the. remainder shall be by the said com-missioners fOrthwith paid. over to the Bank of Dela-ware, for the use of the president,, directors and com-pany aforesaid, as soon as the said ,company shall be organized. 14 LAWS OF THE Itniec ocrpobnirpaatinoyn. of SECT. 2 Be!itindeted,;That wham two hundred shares of the Said Or any, greater, :fitirriberii , shares, shall"beisithiScribed as iaforesaidilthe; said subscrillers, find) thote ,Who4 inaY,Ithereafter, sub- !,and i their ,SucdessOrs; at ;and I frofiv their: first meeting .! shall be, aild.; they are herebyndeclared: to be one 'body politic and .corPorate in; ! deedl..afidiiti 'law, the 'name;; style 'and title 'of' the jresident, Stylo -k powora. 'directors, and.gonipany- of BrandyWinebridge; and by.' the said, ianie, 'the subscribers shall :-have perpetual' .succession, -!and haire power.' to- make C;and 'Ilse a cothnion eal, 'and' to alter and renew the same at their pleasure, and shall. haire..aliAirivileges and .franchises incident to a corporation,elm&slmll be capable of taking and:.holding:them, said:capitfil.stock, and the increaseand:profits ...thereof, and :of, enlarg-ing' the same from time' ;to' the by nevirsubscrip: bolt in such;,manner 'and 'form. as' the shall ';think proper, if such enlargenient shall be; found necessary to fulfil 'the interest of, this' act, and. of taking, pur-chasing and', holding to.' them and their: successors, in fee', simple, 'or for any less estate,' -all such lands, tenements, hereditainents and estates, 'real 'and perso-nal, as shall be necessary and convenient to them in the prosecution of -their woks, and the same to sell and ,dispose of at their pleasure, and of suing, and being sued, and of doing all and every other matter and thing' which a.,cogioration or body 1iolltic may lawfully do. President and SE CT. S. Be it enacted, That the commissioners directors to be elected. aforesaid shall within ten days after receiving. subscrip-tions for two hundred' shares as aforesaid, give public notice, by printed adirertisements, of a time and place of meeting of the subscribers, by them. to be appoint-ed, not less than twenty days from the. time of issuing the said notice', and at which time and place the said subscribers shall :meet, and proceed to organize the said corporation, and shall choose by a majority of votes oldie said subscribei.s present at the said meeting, by bailot, to be delivered in person or by proxy, duly au- DELA:WM-W.: , 15 4101i2ed; one }President ,arid'' six di rectOrsi- eand' uct oTnoe dyoenatri;nlkuee . for the business of the said company for or* year; ;-and until others shall be chosen, and may make.such bye St laws, rulés, orders,.r,and egulationsiAot inconsistent powes, with thellaW&)of this 'State,,!as. shall;bellnecesSary for tlied-;welForderingI;the :affairs . Of the said company .Pro-qided rat4riaris,i That no person Shall haV,e more proviso than :teit.iVoies-L. at any felection, :Or, in 'determining any ::questiOn 'arising at such Meetings-, whatever nutnher, of.shares, lie or:she ; may be entitlectto,,i' and that each . :person/1 -shall be ,,entitled, to. one; vote-, for - every-, ishare . by:4him ±: or her -het& under ;the Said , SE C T 4. Be'. it enacted,. That after-, the*st Stockholders to meeting,; the ,saictistockholders shall, meet on the first meet annually. TlieSCIFtr 'Mtiy, domini; one Monsand.; eight-htindredr, and seven;,, and on,,the., .first:; Tuesday May in every succeeding year, at such placerasr shall be,fixedi.by the rules and -orders, of the; said -)compa-ny,- to be Y. made:. as aforesaid, p for., the:, purpOse of chOosingY..suCh alders, as ,aforesaid, for the.,en6ting year.; 1. Rij, r 7'; ...; , SE molded,. That the president . and Certificates of directors,. first Th.; be chosen yas, 'aforesaik' stio Tiro_ shares to be cure written or ,printed ;.certificates' :for all the: shares ' made. of the ':said company,t, and; shall, ;deliver One 'Stich certificate, signed ..,by the president and :counter-, By whom to be signed by the secretary, and sealed with the se.d., of signed. :the said corporation,, to each person for 'eveiy -share by him or her substrOed or held; which certificate shall be transferable,: at such ,person's _pleasure, . in In what manner transferable. person or by attorney, :inithe Ipresence of the presi-dent, or ,of the secretary, Subject )however to the stalments- :due, and.' that:, may grow, due thereon, and the assignee, :holding any certificate, haying first: causedjbe ,astignment to. be' enteiad in a 'book of (thed.Company,?: kept ,-"fon-ithat purpose, shall be at-member a' the corporationi! and ..for, )(Neu: cer. tifieate ;*st) held :shall be,entitled- to one share of the capital stock, and of all the estates and emoluments C H A P. LXLJ 1806 Plan of the bridge, &c. 16 LAWS OF THE STATE of the company, and to vote. as . aforesaid at. the meet-,, ingS thereof. , - . . . Meeting of the :SECT. 6. Be it. eniicted; That the ..president ,ancl president and directors shall .ineet at such times and.. places; and, directors. bei:Corivened.: in Stith ,Manner Tor transacting, their business,- as Shall be agreed on it. such.nieetings ; Quorum, &c. three', members: with the president' (or :in .his Jab-i sence..i.. director appointed by WM to act. as presi-. dent).,shall be a quorum; they shall keep minutes of ' all their tranSactions, fairly 'entered in, a book; and shall have , full , power and authority, to appoint Elective officers a secretary: and such other offieers as they shall, think necessary to carry on' the work of the said bridge, 'and : to fix their salarieS, and other, :wages, to 'ascertain the ,tiineS,. -manner. .and..proportions, in which the stOckholderS shall pay the money due on their respective, Shares, in order to -carry on.,:the said work ; to draw, orders: for all money to. pay the General powers salaries .ormages Of persons . by. them, employ.ed, and and duties pre-scribed. for the . materials: procured and labbur done vided . that .all ,snch orders shall be signed. by the president or in his absence by a majority of a. quo-. rum of the directors, and to do and to transact all other matters and things is. by the be laws, orders and regulations. of the, company shall be committed to them ; and the said president, directors and company shall within: five. years :erect or. cause to be erected, in a permanent *and Workman-like Man-ner, a good and substantial stone-arched bridge across the Brandywine creek, ..as,. to them shall seen] adequate and proper, extending from the end of Market-street in 'Wilmington, which said street shall be opened and established according to the plan or ground plot the borough, to ground most suitable and convenient on the opposite side of the creek' to. communicate. with the State road leading to Philadelphia...The. said bridge . to con-sist of one. or more arch, or arches with .stone. abut-ments, and one or, more._pier or piers, if necessary; the width of the bridge to be; at least, thirty feet OF DELAWARE. 17 'St Cr. 7. And be it further enacted, That if the said, president and directors shall have occasion for any lands for the scite or for any permanent use of the' said bridge, or for a road: to communicate with the State road leading to Philadelphia, it shalt and may be lawful for the said president and directors to apply; by petition tó the Court ,of Quarter Sessions of the-peace for New.: Castle county, to appoint,five free', holders to go to or upon, the ground and viewAhe sarrie, and to 'determine whether the land desCribed is necessary for the purpose mentioned in the peti-tion ;' and the said court. is hereby authorized to make such appointment, and the freeholders, soap;., pointed shall forthwith after their appointmentgo to or upon the land described in the petition, being. first" sworn-or affirmed, to the faithful and impartial exe-cution Of the duty committed to diem and if; upon-viewing the land, they or a majority of them should. be dopinion that the same is necessary for the .scite of the said bridge,' or any permanent use of the bridge, or for a road to communicate with the State road leading from Wilmington to Philadelphia, they shalt assess the true value thereof, and make return. of their 'proceedings to the said court,, and the same being approved of by the court, and the Money as-sessed as the value of the land being paid dr tendered to the party entitled .ro receive the same, the said proceedings shall be confirmed, and from thence-forth the said land shall be held by the said corpora-tion, in fee simple, for the use or uses for which it shall be so judged necessary. SE CT. 8. Be it enacted, That if any stockholder, after twenty days public notice given in printed advertisements of the time and place appointed for the payment of any portion or instalment of the said capital stock, shall neglect to pay such propor-tion at the time so appointed, and for the space of thirty days thereafter, then and in such case, each and every Share, the proprietor whereof shall How lands for any perma-nent use of the bride may bt obtained. Shares when the payment of any n_steatIment lane. g.e eci, to be forfeited ; *LAWS OF THE STATE May be sold, and subscribers shall be liable for deficiencies. . . _ neglect to pay any instalment due-as ,aforesaid, .sliall be. forfeited to -the use of the-company, and maybe sold by the president and directors, at public auction, -for-Such surivas the smite will bring, and the pUrcha. set' shall' be 'entitled.to a certfficateiand all other rights as in case of an-assigriee and moreover,in case any Share should :sell for less than sufficient -th.pay the_ Sum due. 4hereOri, the subscriber :shall be liab/e to 'pay, the ambt.itit 'deficient, to be ;recovered as. other; debts of the. aatrie'amount. Accounts of re- SE CT. ' Be it enacted, .:that the president, and' pcecnipdtist uarneds etor .b e director& of the said' cOmpuny' shall._keepnfitir. and- . , kept ; just accounts of all monies received -by them .from, the":said 'commissioners, and from the subscribers to. the. said undertaking,, and of all - Voluntary :con-tributions': and other mOnies received for accoOnt the creed% or redeeming the said bridge; -.and also of all -Monies by them expended in the prosecution; And submitted of the said work;' and- shall,. at least once in every annually otof tah e year submit such accounts to a general meeting Of stockholders. the stockholders, until the said bridge be completed, and until all the costs, charges and 'expenses for effecting the same shall be fully paid and discharged, and the aggregate amount of all' -such:expenses.shall. be liquidated and ascertoined, and if upon such liquidation, or whenever the whole capita! stock of. the -company shall be nearly expended, it shall be' tapital,not sue: found that the said capital is not sufficient to corn-poem, may be plete the said bridge according to the true intent niereased. and meaning of this act, it shall and may be lawful for the said president, directors and company, at a stated or special meeting, to be convened according to the provisions of_ this act, or their own bye laws, to increase the said capital stock, either by increas-ing the number of shares or by suchsper centum on each origina/ share as shall be deerned sufficient to In what way. accomplish the work, and to demand and receive the amount of such new shares or additional per centum on each share in like manner and under the like penalties as herein before provided for the ori-ginal subscriptions ; and if after the said bridge is OF DELAWARE; 19: completed, it shall he found.that. more monies. shall remain than .,are necessary, fort -the, pay,ment: of.: charges -And expenses- inonrred in at.ict erecting the-said bridgeohelsurplus shall be returned as Part, of the dividend due anci payable. to. the-stock; bottlers; respectivelpi , SEC T. t. 10. Be it .enacte d,...That. the property of the,said bridge, to be erected .asl.afbresaid.,over..the said. Brandywine-creek, -at the place .herein :before mentioned, shall be vested in:the said/president,di rectors and company, and, their successors, subject to redemption as herein after provided, and the said president, directors . and company, and their succes;. sors, may demand, and receive toll from travellers and others, agreeably, to the following :rates,. whieli, shall be written or printed, andpublished,and.placed in or .near the said bridge, for the.information of pas-sengers, vizi...For every coach, landau, phreton,,or other.pleasurable carriage with four wheels, drawn by four horses, the sum of twenty cents, and ,so .pertion-if more horses are added, And for the-same -carriages with two horses, the sum of twelve, and an half cents, and' with .one horse, ten cents ; for every >waggon withfour or more horses, the sum of seven-teeu,. cents, and for every. carriage Of the same de-seription, drawn hy two horses, the sum of twelve and an half cents ; for -every chaise, riding-chair, sulkey, cart, or other two wheel carriage, or a sleigh_ or sled, with two horses, the sum ot ten cents, and so in proportion if more horses are added to the number -herein mentioned, and for the same with one horse, the sum of six cents ; for a single horse and riders the sum of two cents; for every horse or mule, without a rider, the sum_ of one cent; for every foot passenger, the sum of one cent ; for every head of horned cattle, the sum of one cent ; for every living sheep and swine, the sum of half a cent : Provided .always, That any of the inhabitants of the State of Delaware (excepting as to public stages and hacks,) shall have the privilege of agreeing with the said 0 Hi t P. 1806 Surplus, how-disposed of. Property vested ,icsei.the president Who may de. mana Rates thereof.. Proviso.. PO. SO CRAP. XL 1806. Tolle exceeding twelve per cent. the excess to cofiapose a fund for the redemp-tion of the bridge. LAWS OF THE STATE president and directors for a free passage in commu-tation of their 1611 at any sum not exceeding 'eight dollars per 'annum ; and When the tolls shall exceed twelve per cent: nett annual profit, thesxcess compose a fund for the redemption of the 'bridge, so as to render it a State bridge....ThiS excess shall be laid out in bridge-stock, or in other productive funds, or on private Securities, and the annual product of this surplus fund 'shall be added to the fund, and all private donations for redeeniing the bridge, shall also be received and invested in like manner for the bene-fit of the surplus fund, and if by the operation of the said surplus fund there Shall be a sufficient sum to reclean the bridge at a period less than twenty-five years, then it shalt be redeemed and become the property of the State, by the application of the said fund to the discharge of the capital of the said com-pany, by paying to the stockholders the amount of money paid on the respective shares to the company, and if the said fund shall not be adequate to the Or-pose last mentioned, the State may at the expiration of the said twenty-five years from the time the bridge was completed, make it a State bridge, by supplying any deficiency in the said surplus fund and rendering it adequate to the discharge of the capital of the said company in manner aforesaid; but if the said bridge shall not be redeemed and paid for, and so made a State bridge as aforesaid, before or at the expiration of the said term of twenty-five years, the said corpo-ration may and shall continue to hold the same on the terms of this' act beyond the said term, 'and until the same shall be "redeemed and paid for in manner herein directed. SECT. 11. Ile it enacted, That in fixing the tolls of all carriages drawn wholly or in part by oxen, two oxen shall be estimated equal to one horse. Commutation SECT. 12. And be it enacted, That from and for a free pas- after the said bridge shall be redeemed and become sage, &c. the property of the State, as aforesaid, any of the inha- The fund being inadequate, the 'State may sup-ply the deficien-cy. OF DELAWARE. bitxtnts of this State (excepting as rtO public stages and hacks) shall have the privilege of agreeing fora free passage over the said bridge, in .commutation of their toll, at any sum not exceeding Iwo dollars per annum. SECT.. IS. Be it enacted, That if The Said presi-dent, directors; and ,company, or their successors, or any person by their authority, shall collector, demand any greater rates or prices for passing over said bridge, than what are herein before prescribed and specified, or shall neglect to *keep the said bridge in good repair, on ten days notice giver .by . or from any' two justices of the peace of the county of New- Castle, the person or persons so offending, shall for every Such offence forfeit and pay the sum of thirty dollars, one moiety thereof for the use of the poor of the saki county, and the other moiety for the use of the person who may sue for the same : Provided a1 ways, That no suit or action shall be brought, unless within thirty days after such offenceshall be com-mitted. SECT. 14. Be it enacted, That the said president, directors and company, shall also keep a just and true account of all money received by. their several respective collectors of tolls for crossing ,the said bridge, and shall make an half yearly dividend of the profits and income thereof among all the stockhokl-ers, (not exceeding for one year twelve per cent. on the capital stock,) deducting first therefrom all con-tingent costs and charges, and shall on every fir-,t Monday in the month of April and October of every year publish the dividend to be made of the said clear profits thereof among the stockholders, and of the time, not exceeding ten days, and the place when and where the same shall be paid, and shall cause the same to be paid accordingly. SE CT. 15. Be it enacted, That the president and directors shall within every year from the comple-tion of the said bridge lay before the General as- Penalty for de-manding great-er tolls than prescribed, Or neglecting to keep the bridge in repair: Appropriation thereof. Proviso. Accounts to be kept of all mo-nies received by collectors 1 Dividends to be made, and no-tice given there-of, &c. President, &c. tboe igeaficleotlistts sembly. 21 C H frP, XI. 1806. 22 LAWS OF: THE STATE If CIIAP. XI. /806 sembly airabstract . of . their accounts, sheWing the: whole of the capital ,eipended in the 'prosecution Of the: said work, and of the ineome: and ,profits arising from the said: bridge for and during the said respec-tive periods, with the statement of (the fund. for-re-deeming the bridge, together with an exact account of the costs and charges of keeping the .id bridge in repair,: and all Other, contingent costs and charge to the end that the clear annual income and profits thereof may be ascertained. rIing whthsa, t& cca.s eh etrhee- SE CT. 16. Be it enacted, That if the said com,! by granted, may pany shall not proFeed to carry on the Said Work, be resumed, within the space of two years after, they have been incorporated, or shall not within the space of, five years from the passing of this act .complete the said bridge, it shall and may be lawful for the Legisla-ture of this State to resume all and singular the rights, liberties and privileges hereby granted to the said c,ompany. Penalty for in. SECT. 17. Be it enacted, That if any person or Allying the bridge ; persons shall wilfully or without the orders of the said president and directors pull down, break or destroy with intent to injure any part or parts of the said bridge, or of any abutment, pier or piers, of any of the toll houses, gates, bars or other proper-ty of the said corporation appurtenant to or erected or made for the use and convenience of the said bridge, or the persons employed in conducting the Yor defacing business thereof, or shall wilfully, without the or. the list of tolls ; u.;iers and consent of the corporation, or any person or persons authorized by them, obliterate, deface or.destroy the letters figures or other characters in any written or printed list of the rates or tolls affix-ed or to be affixed- in any place or places for the or obstructing the pass.,, over information of passengers and others, or who shall said bridge: wilfully and maliciously obstruct or impede the passage on or over the said bridge, or any part or parts thereof, he, she or they so offending, and each of them, shall forfeit and pay to the said president, directors and company the sum of thirty dollars, to OF DELAWARE. 23 be sued for and recovered before .any justiceof the 110w? re' peace in like mariner and' subject itt e same rules and regulations as debts under twelve tiOunds may be sued, for and, recovered, and he, she Or they 'so Offernaing, inay and' Shall remain liable to actions at the .suit of the president, directors' and company for further.. damages, for suah torts if the said sum or sums' herein mentioned-lie not '.sufficient to repair and satisfy such damages.' SECT. 18. Be, it enacted, That so soon as the bridge aforesaid shall 'be- completed, and the road eBerreidretNevIdietne extended from the eastern end thereof to unite with examined, &e. the present State road passing through the hundred of .Bmndywine o. the city,. of Philadelphia, that then it shall be the 'duty. Of" the said president and directors, and they are herel* required to certify the &nue to one Of the conintSsioners of the: roads for 'the 'hundred; of Brandywine, ) or of Christiana, who 'Shall immediately give notice thereof to the other commissioners of roads of the said hundreds, and thereupon three or more of the said commission-ers:. shall -:forthwith proceed to View land examine the*. Said,. bridge; and if 'after such :examination the said Commissioners, or any .t.hree of them; 'should of .opinion l that the bridge. is in. a condition 'suitable. for the safe- passage of horses. and carriages, they shall certify, the same accordingly under their hands,. and deliver the certificate to. the 'president of the said company, and a duplicate of the said certificate shall be delivered to the Levy court of New-Castle coun-ty, and thereupon.the said president and directors, or the said Levy court, shall have power to cause to°kibriddge to be be taken down and wholly removed the wood work, remove. and piers of the bridge at present erected over the said creek, at the Brandywine mills; and from thenceforward the said bridge shall not be repaired or set ,up, nor shall any other bridge or bridges be erected over or across the said 'creek at or near the State road before mentioned. Passed at Dover, January 28, 1806. The name of Grog-town clanged to Kenton: LAWS OF THE, STATE CHAP; XII. 471 ACT to vacate part of a public street in the . village of .illiford. Passed at Dover, Jan. 28, 1806,--Private act. arefeetts..---. C H An ACT to establish the name of a village in the Western part of Duck-creek hundred, heretofore by some called Grog-Town, and by others Lewis' Cross-Roads. C TI ON 1 SE . EH oiut see noacft eRde pbrye sethneta tiSveensa toef athned State of Delaware, in General Assembly met, That from and after passing this act, the village, heretofore called by some Grog-town, and by others Lewis' cross-roads, shall be known and called Kenton.; any law, usage or custom to the contrary notwith-standing. Passed at Dover, Jan. 28, 1806. OF DELAWARE. - t.g A .; I further pjle;net.tOact, entitled, ( Anaetto enable the °loners and fiOsSiisisdgl''41 the 'several tracts of meadow, marsh and cripple, on u.- line -,(..17.eek and ,SilVer ,Alinj in Aret.6-.Casile dz2zty, to make' and' keep the banks, dams and sluiCes'iii repair; and to .raise a fund to defray the: yearly expenses acchting thereon. Passed at Dover, Jan. 29, 1806---Private act. .048,0* CHAP. XV. supplement to an act for establishing a market in thetuaine New-castle; for appointing a, clerk..of 1Csht avpo.l 7. 1p.. a1.8 3. ..,thelnarketi,a4directing Vie assize ehread. . SECTION. BE it, enacted 'by tbe Senate, and House of RepresentatiVes of the Tfarket days State _qf Dekiware, in General Assembly met, That established. from and pfter- the passing of this act, Tuesdayandt Friday of each week, and no other days, shall be deemed the regular market days in the town of New-Castle. SECT. 2. Be it enacted, That the clerk of the market, hereafter to be elected for the town of New- Castle, shall before he enters upon the execution of the duties of his office, give a bond to the commis-sioners, with such security as shall be approved by a majority, of the commissioners of the town of New-Castle for the faithful performance of the duty required 91 him, and for the paying over to the 25 CHAP XIV. %,Neha /806 Clerk to give bond. ,9-,,,,..41+;:aoisir:;.4.4.4:rtif C4,4 -e4r.S. VW. 26 LAWS OF THE STATE C 11.AT. treasurer of the said town one moiety of the rents of the stalls in the said market. 1806 SECT. 3. Be it enacted, That so muchof the act, Parts of chap. repealed. entitled,. "An act for establishing a market in the town of New-Castle, for appointing a clerk of the market, and :directing the Assize of bread;" as is hereby altered, 'suppliedor, amended, shall 'be' and the same is 'hereby repealed, Made null and:Voia ; any thing' in the said act to the contrary nOtwith-standing. Passed at Dover, Jan, 30, 1806. C H A P. XVI. An ACT to authorize Sarah Maxwell, administratrix of Bedwell:Maxwell,. deceased, tO conve Yand assure a quantity of land, therein mentioned, to William Passed at Dover, fan. 30, 1806Private act. CHAP. XVII. An ACT to authorize the administratorsof James Ctyment, to convey a certain house and lot of ground, in the Pillage of Camden, in Kent county, unto homas Paine. Passed at Dover, Jan. 30, 1806Privates act. OF DELAWARE'. C HA P. XVIIL . , 4 supplement to the act, entitled, "'Ai act authoriz-ing certain commissioners thereinnamedto vilw.the "toad leading over..406 quinimink: bridge and cause- Way, andtp alter and change the same."' HEREAS, it bath been represented to this General assembly, that the road proposed to be established by the return of the commission-ers appointed by the act, entitled, "An act au-thoriztng certain commissioners therein named, to view the road leading over Appoquinimink bridge and causeway, and to. alter and change the same,,' will if finally established be of great injury to pri-vate property through which the same will run, and be of considerable disadvantage to the public ; therefore- Chap. 170, 11 vol. p. 371, Preamble. SECTION 1. Be it enacted by the Senate and Freeholders House of 1?epresentatives of Me State of Delaware, tt°,) brev1Prtitd in General -Assembly' met, That on application to road, the judges of the court of general quarter sessions of the peace for the county .of New-Castle, by any person'or persons, tbe said judges are hereby em-powered and required to nominate and appoint five good and substantial freeholders to review the said road proposed by the. commissioners aforesaid, and to ascertain and determine whether the same shall be finally confirmed and established ; and if the said freeholders, or a majority of them, upon reviewing the premises, shall not think that the same ought to be finally confirmed and established, then they, or a majority of them, are hereby au-thorized and empowered to make such alterations and changes in the road leading, from Drawyer's bridge to Blackbird, over Appoquinimink bridge and causeway,- and to ascertain and .determine where a new bridge and causeway shall be erected as they may think proper and necessary,, so as. to Their pow-- crs, &c. 28 Gil A P. XVIII. Vv.%) 1806 Return to be made; What it shall contain ; If confirmed, shall be conclu-sive. Freeholders to assess dama-ges, &c. Road, when established, on. alterable. Expense and da-mage, how paid. LAWS OF THE STATE be most advantageous to the public, and least inju-rious to individuals, and to employ such surveyor or surveyors, labourers and workmen as they shall think necesSary in plotting and laying out the same; and that the said freeholders, or a majority of them, Shall make a return of their proceedings into the office of the clerk of the peace for the county of New-Castle, describing the said. road in Writing, under-their hands, with courses and dig-tancds;: and the place where the said public bridge shall be erected as aforesaid, with a fair map or plan thereof, which said return when received and confirmed, the said clerk shall enter on record in his office without delay, and the same shall from thenceforth be deemed-, taken and allowed to be a State road, and the proceedings of the said free-holders Shall be final and conclusive. SE CT. 2. And be it enacted, That if the said road, so as aforesaid to be laid out and established, shall pass through the improved lands of any person or persons, then and in such case the said freeholders or a majority of them, shall truly and faithfully assess the damages sustained by the owner or own-ers of such improved land, by reason of the said road being laid out through the same, and-report the said damages so to be assessed in their return to be made as aforesaid. SECT. -3. And be it further enacted, That the said road, when so as aforesaid recorded and established, shall remain unalterable as other parts ofthe said State road within the said county ; that the expense of laying out, returning and recording the same, shall be paid by the person or persons applying for the said review, and the damages aforesaid, if any, shall be defrayed by the said county, and shall be ad-justed by the Levy court and paid as other public debts ; and that the same road shall afterwards be opened, cleared, made and supported in the SEIM manner that other State roads within the said county are by the laws of this State ;, and that from and ;after the Said read, so, to be ,laid out, shall be opened andput in geodorder, that part of the pre-sent road; in lieu of which the said road shalt be SO laid out by the said commissioners, shall be vacated. Sid T. 4. And be it enacted,. That the Levy court of the county of New-Castle, at their meeting next after the laying out of the said road, or as soon there-after as 'may be, shall' provide for the Making and Erecting, without delay, 'a gbod and sufficient bridge over ''Appoquinimink creek, aforesaid, at the place designated by the freeholders in their return, which shall be deemed to be -a public bridge; and shall be of the same breadth and sufficiently railed in as other public bridges. Within the Same county are directed to be by the laws of this State, and in like manner shall, be afterwards supported and inaintained, - and the expenses thereof shall be raised as other county rates and levies are by law : Provided,.nevertheless, That if the said ommissioners shall deem it neces-saiy, the bridge so to be made and erected, shall be constructed Witli 'a draw of sufficient Width for the free' passage of all vessels: SE CT. 5 -Aid be it enacted, That if the said free-holders or a majority of them; be of opinion, upon the said review, that it will be best and most to the public advantage that the old road should remain as it noW runs over the present bridge and cause-way, they are also hereby required to make return thereof to the office of the said clerk, which said return the said' clerk shall enter On record in. his said office without delay ; and that the same road shall afterwards be repaired and supported in the same manner as other State roads within the said county of New-Castle arc by the laws of this State ; and that the said bridge shall also be deemed and taken to be a public bridge, free from toll, and shall bc repaired and supported as other public bridges within the said county are by the laws of this State.' Old road to be vacated. Levy-court to provide for erecting a bridge. Dimensions thereof. How to be sup. ported. Proviso. Old road to re. main, if most to the public ad. vantage. And to be slip. puited. Bridge to be free. ' 30 LAWS OF THE STATE Penalty for ob-structing the road, Or for injuring bridge. Compensation to reviewers To surveyor,&c. Freeholders to be qualified And to give no-tice of their meeting.. SE c T., 6. And be it enacted,, That if any Jerson or persons shall, obstruct the aforesaid State road; to be laid out and returned as aforesaid, or shall, turn or commit any nuisance therein; and do not remove the same forthwith, such person or persons so Of-fending and being duly convicted thereof, shall be fined in any sum not exceeding, five dollars, to be applied to the removing . such nuisances and repair-ing the public' roads within the hundred where the ()Fence shall be committed; and if any person or persons shall wickedly and maliciously cut down, break or injure the aforesaid public bridge, and shall be duly convicted thereof in the court of General quarter sessions of the peace for the said county, every such person so offending shall be fined in any sum not exceeding five dollars, and shall moreover be compelled to pay such further sum or sums of money as may be sufficient to repair the damage done to the said bridge. SECT. 7. And be it enacted, That each of the freeholders, appointed by the court as aforesaid, for the services herein and hereby required of him, shall receive for his trouble and services in attending to the said business, one dollar per day ; the surveyor, two dollars while attending on the freeholders, and eight dollars for his plot and return ; and the chain-carriers and other necessary workmen, each sixty-seven cents per day, to be allowed and taxed by the court of quarter sesions aforesaid. SECT. 8. And be it enacted, That the freehold-ers appointed as aforesaid, shall before they enter up-on the duties by this act enjoined them, respectively, take an oath or affirmatibn befbre some judge of this State, or justice of the peace of the county, for the true and faithful performance of the same ; and shall also cause ten days notice to be given of the time they shall meet and proceed in the discharge of the said duties, by affixing three or more adver-tisements in the most public places in the hundreds 7!_ OF DELAWARE. of St. George's 'and Appoquinimink, in the said county of New,Caede. .f Passed at-Dover,,./an.-. 34'1806. ,., telli/M10.. C H AP. XIX. .../n ACT. to authorize., the owners and possessors. of Ingran's branch,-and low .grounds adjacent, situate in the forest gcMispillion-hundred, in Kent county, to cut .a ditch or .drain, through the same. Passed at DoVer, Jan.- 31,1806.Privatq .act. A T. E XX. 4n 'ACT la "separate'Eliiabeth O'Neil, the wife of Henry '0'.1Wil:;froin the .bed and board of the.. said Henry O'Neil; and for other purposes. Passed at Dover, Jan. 28, 1806.Private act. 31 -C H A P. LeirJ 1806 32 LAWS, OF THE :STATE Pleadings,&c. to be regulated by rules. Manner of pro-ceeding if non. complied with. Chancellor may make rules, &c. No writ of pro-clamation or commission of rebellion to is. - C H A P. XXI. An ACT to regulate certain proceedings in the court of' Chancery ; in the Orphans' court, and in the Registees court ; and to compel justices Of the peace to furnish copies of their records. E. it enacted -by the Senate and SECTION 1. House of Representatives of the State of .Delaware, in Oeizeral Assembly met, Tliat-after bill filed, and the appearance of the defendant or defendants entered in any suit commenced in the court. of Chancery, . all the Subsequent pleadings and proceedings in every such suit,. to the making the decree shall be regulated and enforced by rules laid, or such process as. the chancellor may award and order, and for the non-compliance with any such rules, decrees may be made, bills may be dismissed, or be taken pro.confesso according to the circumstances of the case ; and the return of all process shall be en-forced by rules, and by such subsequent process and proceedings as may enstite a compliance with such rules, and the execution and return of such process. And it shall and .may be laWful.for;the chancellor to make all such rules and orders . as may be necessary for the better regulating the:practice\ of the court 'or Chancery, and of the,Orphans'i.court,forthe return of all writs, commissions and .other proceedings in said courts, respectively, entering rules thereon, and on the, sheriff's, register's, and clerk's filing all pleadings subsequent to the bill, and all other regulations ne-cessary for the bringing forward and expediting the hearing of causes, and for compelling a compliance with the decrees and sentences of said courts. SECT. 2. And be it enacted by the authority aforesaid, That no writ of proclamation or commis-sion of rebellion shall be issued ; but that after one or more writs of attachment or distringas, and return thereto; 'the' Court may; , on motion !awardn. segues-. C xxr tratienaceording'io the nature and circumatances Of the base.. ' " 1806, SE CT. 3. .-dnd be .it.''enacted bi :the auiho'fityD,ef.e n_d ant not Thatif in any 'suit Which shall liereafter'lie ia=srsi ,t) .cto commenced in the' courtfof Chancery, tiny defendant court may or-or 'defendants against whom any subpcena or other adecrehis appearl process 'shall issue, which shall have been delivered to-the - sheriff 'thirty days before thereturn thereof, -Atli., not cause 'his,- her Or`their 'appearance to be en-tered'' tiPen such process'.Within such tirrie, and in subh Manner ''as;; according to the ruleScif the eourt,', the 'mine-ought to have been entered in caiesuchpen-ceas had been dulY-Served ; and an affidavit or affida. vita shall be made to the gati'sfction Of the court, that such defendant or defendants is'er are out of the 'State, or that upon inquiry atihis, her or their usual placeof abo'de, he,-She 'Or they 'Could'not be 'foutitl,'so us to be'served4ith such ,proCeas; ; and that' 'there ii just ground 'tnbelievethat such defehdant. or 'defendants is or aregoneout of the ; State; art has absconded to: avoid being served with the prOtess orsiiCh. 'Cotirt ;' then and'in such Case, the said court may Make an or-der directing such defendant or defendants to appear at d bertain day "therein to benanied and a copy Of Order to put,' suckoMer shall; Within' thirty clays after such order. lislied. made,''be inserted- in such newipaper or neWspapers, published In this State, and' in such other news-papers as the chancellor may direct, and shall be continued in such .newspapers'-for the space of three months next after its first publication: and a copy. of such ,order shall within the said thirty days be posted 'up in the office of the register of the court of Chancery, and at the court house door of the 'county in which the order was made. And if the aceetercicstftc,Iiiannot. said defendant 'or defendants shall not appear with- not appearing, in the time limited by such order, or within slid' (t>itTiecrouLt.innitg,. further time as the court, shall appoint,: tl-kn on' bill to be taken proof made of such publitation of such order as Pr° ccitlrest), E DELAWARE 33 34 LAWS OF THE- STATE Court may or- er plaintiff paid out of pro. perty sequester-ed, on his giving security, &c. Refusing to give hecurity, court may:12point leceir.tr, &c. aforesaid,, the court being satisfied of-the ,triith there-of, may order the plaintiff's bill to be taken pro ,don-fesso, and to make such decree thereon as shall be thought just ; and may thereupon issue process to compelthe. performance either by immediate seques-tration of the real and personal eState and effects of the party so absenting, if any such can be found, or such part thereof as may be sufficient to satisfy the de-mands of the plaintiff or plaintiffs in the said suit; or by causing possession of the elate or effects demand-ed by the bill to be delivered to the plaintiff or tiffs, or otherwise, as the nature of the case shall re, quire; and the court may likewise order such plain-tiff or plaintiffs to be paid or satisfied his, her or their demands out of the estate or effects so sequestered according to the true intent and meaning of such de-cree, the plaintiff or plaintiffs first giving security in such sum as the court shall think proper, to abide such order touching the restitution of such estate or effects as the court shall think proper to:make con-cerning the same, upon the defendant or defendants appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs .as the court shall order ; but in case such plaintiff or plaintiffs shall refuse or neglect to give such security as tiforesaid, the court shall order the estate or caots so- sequestered,, or whereof possession shall be decreed to be delivered, to remain under the direction of the court,' either by appointing 11 receiver thereof, or otherwise, as to the court shall seem meet, until the appearance of the de-fendant or defendants to defend such suit, and his, her or their paying such costs to the plaintiff or plain-tiffs as the court shall think reasonable, or until such order shall be made therein as the court shall think just. DtIclulant SEC T. 4. And be it carved by the authority hrough t into court., and in:- afbreSaid, 'I` hat from ancl; after the first day of winter-gkctitig W.cn term, in this present year, if any defenilant or de-c' fendants, by virtue of any process issuing out of , COIl ruaY ariniifit a the court of Chancery, shall be brought into court, C LI A P. XXI. 1806. And make de- .c me and compel performance, Sce OF DEGAVVAllt: and shall refue Or' neglect tti enter his, - het Or their. ap.- pearance- aCtordihg to. the 4ti1eS;ct MethOd required by; the said 'contf; Or, to. '-appoint. a solicitor Of such cOhrt 'W.' act Ort his, her 'or' their behalf respectively, such goitre -may, aPpOint -A- sOlicitor of the court th enter 'an appeatande defendant or defendants resPedtively,, arid Stieh' proceedings mny f thereupon be had in the daus&aS: if the partfhad .actually p@arecL' Sc17.. 5. Protided always, and be it el.:Med by - the ,'authOrity afiresasid, That if any person aka* whom; such decree -shall be Made, ,upon refusal or neglect to enter his; her. or their appearane, 614 to appoint a solicitor to act on hi§,. her or their behalf, be in eukody or -COM coming; so that- he,, she or -they, may- be; serfed *tilt a, copy of stith' decree, theti lie,- she or they shalt be serVed cO0 there-of before; tiny' process-shallibe, taken out th' Compel the pdrfotmance thereof. &dr.- 6.- Provided also,- and be it enacted= by the authOrity aforesOidi That if any decree shall be made inuptirstaineb of this apt, Agairist' any person 'or per, "sons; being- Ott of this State; Or abstotiding manner afbresaik at; the tithe h such' deereeis -pro, tic:milted; and such person- Of persons- shall within five years after the making such decree;- return or become publicly visible, then and in such case, he, she or they shall 'likewise be served with.sa copy of such decree, within a, reasonable time after his,, her or their return or public appearance shall be known to the plantiff or plaintiffs; and in case any de-fendant or defendants against whom such decree shalt be iliade, shall within five years after the making such-deeree, happen to (lie before his or her return hit°. this State, or appearing Openly as afore-said, or shall-die within the time last before men-tioned in clistOdy, before his or her being served with iv copy of such- decree, then his or her heirs and executors or' administrators; if such defendant shall- have any real estate sequestered,- or whereof 35 point a solicitor for hint, and proceedings may be had. Defendant being in custody, shall be served with the decree. Defendant re-turning to the state, shall be served with thr decree. ,Ohni;lvleemseirtv'ea in case of defen. dant's death. so C HA P. XXI. t.es:r:r 1806 Persons not op.. 'tearing, &c. the decree shall stand confirm-ed. Persons served as UiiII esaid, ap-pearing and pe-tit ionmg, may answer, be /card, &c. LAWS OF THE .STATE possession shall have been- delivered to the:plaintiff or plaintiffs, and suck-heir may lie found, and if there be such executor or administrator ;..or if: such heir be a feme covert, infant, non-compos mentis,jhe husband,. guardian. or trustee of such heir respec-tively; or if the personal estate of such defendant be sequestered, or possession thereof delivered to the plaintiff or plaintiffs, ,then his or her executor or administrator, if any such there be, shall:. be served with a copy of such decree within a reason-able time after it -shall be known-.to,,the plaintiff- or plaintiff's that the defendant is dead, and who is his or her heir, executor or administrator, or, where he, she or they respectively may be served therewith.. SE C T. 7. Provided always, and be it enacted by, the authority aforesaid,. That if any person or persons, so served with a copy of su,ch , decree, shall not within one year after such service appear and, petit-. tion to have the said cause re-heard, suchdecree so made as aforesaid 'shall stand absolutely confirmed against the person and persons so , served with a copy thereof, his, her and their respective heirs, executors.and administrators, and- allpersons claim, ing or to claim by, through, from or,under him,:her or them, or any of them, by virtue of any.act. &hie, or to be' done, subsequent to the commencement of such suit. SE C T. 8. Provided nevertheless, and be it enacted by the authority aforesaid, That if any person so served with a copy of such decree, shall within-one year next after such service, or if any person:not being so served shall within five years next after the making such decree, appear in court and peti-tion to be heard with respect to the matter of such decree, and shall pa3r down or give security for the payment of such costs as the court shall think rea-sonuble in that behalf; the person or persons so petitioning, his, her or their respective representa-tives, or any person or persons claiming under him, her or them respectively, by virtue of any act done OF DELAWARE. before the commencement of the suit; May be admit-ted to answer the bill exhibited, an'd issue may be joined,: and witnesSeS, on both sides .examined,fand such other ;proceedings, decree and-execution may be _-had . thereon as there might have' been :in case the same ,party had :originally appeared,' and,the pro-ceedings had' then:been. newly begun, or as if no former , decree or proceedings had been in the same cause. , SECT. .9. Prqvided nevertheless, and be it enacted by the authority, aforesaid, That if any person or persons against whom ,stich decree shall be made, his her or their heirs, executors on administrators shall not within five years next after the making such; decree; appear and, petition to have the cause reheard, and pay Own, or give security for the pay-ment, of .such.costs as the. court shall think!reason-able inthat behalf, such decree made as aforesaid, shall stand, absolutely. confirmed against the person and persons against whom such,decree shall be made, his,. her or ;thejr. heiri, executors and admin-istrators,- and .,against all persons 'claiming or to claim by,, frorn,,or under him, ,:her-or them,- or any of them i by :virtue of any,act done or to be done subsequent to the commencement of- such suit ; and ;at:the , end f of such .fiye. years, it. shall and may be lawful for the court to make such further order as shall be just and. reasonable according to the cir-. cmnstaaces a the case. SECT. 10. Provided always, and be it enacted by the authority aforesaid, That this act shall not extend or be construed to extend, to warrant or make good any proceeding against any person out of the State, unless it. shall appear to the satisfaction of the court by affidavit or affidavits before the mak-ing of such decree, that such person had been a resident in the State within one year next before the subpcena in such suit issued against such per-son ; or unless it shall appear by the return of the process, that such person had been duly served 37 C H AP. XXI. .inna .1866 Peons not pe-titioning in five years, to have the cause re-heard, the de-cree shall stand confirmed. After five years the court may make further order. Proceedings no warranted by this act against persons out of the State, 84c. C TI A P. XXI. 1806 Infants being trustees, may convey, &c. un-der direction of the court. Ettcrt of such cum cyance. Infants being t rust ees, may Fe compelled to 38 LAWS OF -THE STATE therewith in the State; or unless th'e said suit shall, be commenced against' any person pr person's out of the State, for the obtaining' awrit or writs: of injunction, for staying a: suit of suits at laiv;- or; to be relieved. against any j udgment or proceedings. at law, obtained or had by ally suchPerson out of the State ; or unlessthe said suit 'shall be' ,Corn, menced :against any person seizedor posIsessed; of any estate, real or personal within the State ; or unless the said suit shall relate to, or concern, or affect any lands; tenements, gOodsfehatfels,; rights, credits or other real or personal estate', within the State, or to any contract made or to be done or performed within the State. SECT. n. And be it. enacted by the authority afoesaid, That from and after the .first' day: of July next, it shall and may be lawhrl ,to' and for any person or persons under the aie4 of .twenty-One years,' having estates in -lands, tenements or here. ditarnents, in trust only for other,,-'by direction of the Court of. Chancery, signified: by' an 'order Made upon hearing all parties concerned' on thecpetition of the person or .persons! for 'Whom!' such, infant ,or infants shall be' Seized,.or possessed in trust,'. or of the guardian or guardians of stich infant or infants, to convey anti: assure any spell lands; tene-ments or hereditaments in such manner as the said court of Chancery shall, by such. orclet so tb be ob-tained, direct to any other -person Or persons, and such conveyance and assurance, so to be had and made as aforesaid, shall be as goodand effectual in law, to all intents andpurposes whatsoever, as if the said infant or infants were at the time of making such conveyance or assurance of the full age of twenty-one years, any law, custom or usage to the contrary notwithstanding. SECT. 12. And be it enacted by the authority qlbresaid, That all and every such infant or infants being only trustee or trusteesas aforesaid, .shall and may be compelled, by such order,- so as aforesaid OF DELAWARE: . to be obtained, to Make such conveyance or con-veyances, assurance or _asurances in like mariner as trustees of full: age are-compellable to convey or - assure their trust estates. - SECT. 13. Provided neriertheless, and be it enacted bathe azithority aforesaid, That this act shall, not ex-tend, or be construed to 'extend, to any case which is already provided for by an act of the General assembly, entitled, "An act to empower executors, and administrators within this koyerninent, by leave of court, to convey lands contracted for with their decedents," passed in the seventeenth year of George the second. SE cr. 14. And be it enacted by the authority afore-said, That the registers of the court of Chancery in each of the counties of this State, shall-before the first day of the next summer term, respectively procure a new seal of silveri copper or steel to be made of the diameter of one inch and an half at least ; 'arid cause the same to be engraVen with the arms of the State of Delaware, or parts of the same, with a Motto or inscription to describe the office to which the seal- belongs ;' which said seals shall on the first day of the next, summer term in each county' respectively, and afterwards be taken, ad-judged and' deemed the seals of the court of Chan-cery in each county respectively, and shall be used and fixed to all writings and copies to which a seal of office ought to be affixed., SECT. 15. And be it enacted, That the said re-gisters, their executors and administrators shall de-liver the said seals to their successors in office re-spectively, from time to time, whole and undefaced, common wear excepted, under the penalty of one hundred dollars, to be recovered by the person who shall hereafter be lawfully appointed to hold the said office, by an action of debt ; and that the suc-cessors in said office respectively shall upon the de-livery of the said seals in manner aforesaid, reim- 39 Cli A P. XXI. 1806 This act not to extend to chap. 107, a. vol. 1. 269. The registers In chancery to pro. vide a seal of office, And deliver said seals to their success- Or, who shall rein/. horse the cost ; 40 LAWS OF THE STATE burse and pay to-the former register, his executOrs or administrators, the sums olmoney the paid.sears: originally cost; which said original -cost shall be by order of the chancellor, entered ,ainong the re-cords of said court at the next suminer term. SECT. 16. And whereas, Divers sums of money are frequently ordered or decreed to be paid into court by the chancellor, and when paid in,- are de-posited. with the register of tliat court, subject to Registers in the further order or decree of the chancellor : Be: chancery to en- it therefore enacted by the authority aforesaid, That ter into recog-nizance with every register of the court of Chancery now in corn-security ; mission, shall at the next court of Chancery to be held in the respective counties after the first day of July next ; and every register of the court of Chancery, hereafter appointed and commissioned, shall at the next term succeeding his appointment, enter into a recOgnizance to the State of Delaware before the chancellor, with two or more good and substantial freeholders of the county, to be appro-ved of by the chancellor, jointly and severally, in the sum of three thousand dollars, lawful money of Condition there- the United States of America ; upon condition that nj if he the said register, shall upon request to him made for that purpose, well and truly pay or cause to be paid to the several suitors and parties interest-ed, their executors or administrators, according to the order or decree of the chancellor for the time being, all and every sum and sums of money to them respectively ordered or decreed to be paid by the chancellor, which shall have been deposited or paid into court by the authority, order or decree - of the chancellor, and shall and do from time to time, and at all times during his continuance in of-fice, well and faithfully execute the said office, and perform in every thing the duty in him reposed, To he trast, then the said recognizance to be void, otherwise to tke, be and remain in full force and virtue; which said recognizance shall be, and is hereby declared to be in trust to and for the use and benefit of every perso: and persons, their executors br administrators, to Which shall he entered of re. cord. OF DELAWARE. whomi any Strin or sums of money which shall have been dOosited or paid into the court of chancery by the anthority; order or ',decree of the chancellor, shall be ordered or decreed to be paid by the chancellor ; and the said reCognizance shall be in trust to and for the use and benefit of any person or persons who shall be injured by any breach or neglect of duty in such registers respectively ; .whereupon the party grieved, may proceed by petition to the chancellor against the said -resOective registers and their sureties, jointly or severally ; and after hearing the parties concerned, upon -reasonable notice' to appear and answer to the said petition, or if .after such notice, the person or persons against whom such petition is preferred, shall neglect or refuse to appear and answer thereto, the chancellor may proceed as if such person or persons had appeared and answered thereto, and in each case make. such order or decree as may be just and right, and may force obedience to such order or decree, by imprisonment of body, or sequestration of lands and goods; as fully as in any case whatsoever, cognizable in said court : Provided, That if, any breach or ne-glect of duty shall be alleged in any such petition, whereof .sufficient evidence shall not appear upon the records, proceedings or process of the said court; for the decision thereof; then; and in such case, the said court shall order Such matter to issue and trial, in the Supreme court, or in the court of Common pleas in the county where the matter ariseth, before any final order or decree shall be made in the court of ,Chancery ; and the said recognizant:es so to be proceeded on, arc hereby declared still to remain cautionary, for the satisfaction of all others who may be grieved by the said registers respectively as afore-said. C TI A I'. dr XXI. 1806 }Tow proceeded on in Chancery. Evidence not sufficient, the court shall or-der the matter It, issue and tri-al at law. Recognizance to remain caution. aty. SECT. 17. And be it enactedand declared by the Clerks of the authority aforesaid, That it is and shall be the duty Orplianedcourt of the clerk of the Orphans' court in each county to 1r, vi provide at his own proper costs, well bound and covered, good and convenient books, and therein to 42 LAWS OF THE STATE and record all proceedings for division, valua-tion and accept-ance of intes-tates' lands, &c. &c. Proviso. record in a fair;and legible harid,at fa/length,. and in a clerk-like manner, all petitions fOr- the division and valuation of intestates' lands, and,all orders made thereon by the Orphans' court, find-all returns, to. such orders, the same being approved of-by the -cbuit ; every order,, adjudication and acceptance of - theland of an intestate,- by any heir or other person accepting the same ;- all recognizances taken from any:person accepting lands and term-lents at a valuation,: all--.pe-titions and orders Made for the sale of lands by. an executor or administrator, and the returns, thereupon, the same being approved by the court ; all orders for making an estimate of the annual value of the lands of orphans and minors, and the returns thereupon, the same being approved by the court ; every appeal from the register for the probate of wills and granting letters of administration, and- the,exceptions to-an ex-ecutor's, administrator's -or guardian's: account ;- the final order, sentence and decree thereon, and all other matters touching and concerning suchappeal.;-..every choice, appointment and removal- of a- guardians- or guardians, all the proceedings between sureties or their representatives, and their principals in adminis-tration; guardian and testamentary bonds Won peti-ion for counter security, and the sentence, order or decree thereon, all proceedings-to compel administra-tors to give better security, and fo* the revocation or repeal of letters of administration by authority an act, entitled, " An act for establishing Orphans' courts ;" and every other petition, process, order; re-turn, sentence, decree and proceeding whatever, is-sued, made, given, done or performed in the said Orphans' court, or by order of the said court, although not particularly described or mentioned hi this act, at least within three months next after the date of such petition, process, order, approval of return, sentence, decree, or proceeding, issued, made, given, done or performed in the said court : Provided ne-vertheless,' That it shall be sufficient for the said clerks to record the substance of all citations, ssub. pcenas, attachments and other process issued for summoning and compelling the appearance of par- OF DELAWARE: 43- ties and attendance of witnesses, without recording the same at full length ; and the said' clerks respec- Verks tively shall make and keep fair and 'exact alphabets to eeP a P ets. the said record-books, wherein the names of the par-ties, in all such proceedings, shall be written aline, and a short reference be made to the proceedings; which said record-books and alphabets, shall be for Bookj ' s &c to be the use of the said,Orphans' courts respectively, and produced when shall, at all times be produced and brought into the ordered, &c. sakPcourts, by the said clerks respectively, for the examination and inspection of the judge of the said courts, whenever he shall direct or order the same, and shall be delivered over by the said clerks to their successors in office, with the other papers and books of the said several offices. SECT. 18., And be it enacted by the authority Penalty for no. aforesaid, That if any clerk of the Orphans' court shall glecting to re. refuse or neglect to record in manner aforesaid, any cord. such proceeding of the Orphans' court, or matter or thing so as aforesaid required to be recorded by him, for the space of three months next after the date of any' such proceeding, matter or thing as aforesaid, such clerk so-refusing or neglecting, shall for every such refusal or neglect, forfeit and pay to the State, the.sum of fifty dollars, together with the costs of pro-secution, to .be recovered by indictment in the court of General, quarter sessions of the peace and jail deli-very of the county vhere the offence shall be com-mitted. SECT. 19. And be it enacted by the authority aforesaid, That it shall be the duty of the respective clerks of the Orphans' ;court, to receive all fees which shall become due to the crier in the said courts, and within six months next after the sitting of the said courts, they shall pay or cause to be paid all such fees to the ,cricr, first deducting and retaining thereout at the rate of two and an half per centuru for their 'trouble in collecting, receiving and paying over said fees ; and if any clerk Shall refuse or ,ne-glect to pay to the crier his fees aforesaid, it shall Clerks to collect criers' fees, &c. LAWS OF THE STATE be lawful for the said criL- to proceed for and reco-ver the same, before any justice of the peace of the county in the same manner as other debts of the same amount are recoverable; and the said clerks respec-tively, are hereby required, without fee or reward, to make a list of all such fees as shall- become due as aforesaid, to said criers respectively, at every sitting of the Orphan' court, and deliver the same to the chancellor before the said Orphans' court shall ,rise or adjourn, and after the same is examined and adjusted by the chancellor, he shall certify and sign the said list, and deliver the same to the said criers, and the said list so certified and signed, shall be conclusive evidence against the said clerks respectively, of the amount of fees due to the said criers ; and if any clerk shall refuse or neglect to make and deliver to the chancellor as aforesaid, any such list, such refu-sal or neglect shall be a contempt of the court, and the said clerk shall be proceeded against for the same accordingly. SECT. 20. And be it enacted by the authority Judge °Is the "aforesaid, That it shall be lawful for the judge of the Orphans court may award cita. Orphans' court, upon application made to him by a Lions, &c. petition in writing, at any time when the court is not sitting to award citations against any person or persons returnable to the next usual sitting of the Orphans' court, in the same manner as he may or can do at the time the said courts are held, and if any person or persons being duly summoned to appear in any of the said Orphans' courts ten days before the time ap-pointed for their appearance, shall make default, the judge of the said court may award attachment or at7 d foyer a( di. tachments for contempt, and may force obedience to ence, &c. the warrants, sentences or orders of the said court, by imprisonment of body and sequestration of lands and goods, as fully as can be done in any case whatever in the Orphans' court, or in the court: of chancery. SE CI. 21. And be it enacted- by; the ,authority aforesaid, That it shall be lawful for the judge of the And to order the manner of tC cording. ? C If A P. XXI. 1506 and to make a list thereof; and deliver it to the chancellor. jon, OF DELAWARE. 45 Orphans' court, at any time when he shalt deem it 1!xA,-. 13; necessary, to order and prescribe the. manner in which the- proceedings of the Orphans' &art shall be record- 1806 ed, which _order shall be obligatory on the said respec-tive clerks. SECT. 22. And be it -enacted by the authority Ttoe troe :0;7 *resod, That every. clerk Of the Orphans' court zance; now in commission, shall 'at 'the Orphans court next to be held in the respective counties after the first day of July next, and every clerk of the Orphans' court hereafter appointed- and commissioned, shall at the Orphans' court held' in the county next after his ap-pointment, enter into a recognizance before the judge of the Orphans' court, in open court jointly and se-verally -with two or more good and substantial free-holders of the county, to be approved by the judge of the Orphans' court, in the sum of three thousand dollars, lawful money of the United Sthtes of Ame-rica, upon condition, that if the said clerk shall and conditioned, &e, do from time to time, and at all times during his continuance in 4office, well and faithfully execute the said office, and per. form in eVery thing the duty in him reposed, then the said recognizance to be void, otherwise to be and remain in full force and virtue ; which said recognizance shall be,' and is hereby de-clared to be 'in trust to and for the use and benefit of To he in trust 8ce. any person or persons who shall be injured by any breach or neglect of duty in such clerks of the Or-phans' court respectively ; whereupon the person or persons grieved, may proceed by way of scire fitcias or other legal process, and upon proving what da-mage bath been sustained and verdict found therefor, the court in such case shall give judgment for so much as the jury or inquest shall then lind, with the costs, and no more, and shall award execution for the same ; and the said recognizances so to be pro-ceeded upon, are hereby declared, still to remain cautionary for the satisliiction of such others as shall prove themselves damnified, and recover their &ima-ges as aforesaid, by due course of law. . , Remedy theft- On; To remain Cal/- 0011aq. 46 LAWS OF THE STATE Recognizances to be recorded ; Copies thereof to be evidence. Register to cause executors &c. to return in-ventories, 8:c. And to settle I heir account s, SECT. 23. And be it enacted by the authority aforesaid, That the.chthicellor shall cause the said 're-cognizances respectively entered' into by the'regiSters of the court of Chancery, and by the clerks: of' the Orphans' court, to be recorded in the office for re-cording of deeds in the respective counties,' and the recoider is hereby directed to -recoid the sane without fee or reward When required thereto, by the chancellor; and the copies or exemplifications of sucl recognizances so enrolled, being 'certified by the recorder under his hand and seal, (which the recorder is hereby reqUired to 'affix thereto,) shall be allowed in all courts of law, where produ-ced, and are hereby declared and enacted to be as good evidence, and as valid and 'effectual in law as the original recognizances, and, the said. copies or exemplifications may be sued, pleaded and Made use of accordingly.. SECT. 24. And be it enacted by the authority afore-said, That it shall and may be lawful for the regis-ter for the probate of wills, and: granting letters of administration in each of the counties of this State, upon the application of any heir, legatee -or credit-or, or of their executors or administrators; or -in case there shall be no-such application, then ek!of-ficio, forthwith after the expiration' ,of six mouths from the date of their letters, testamentaiy, Or. let-ters of- administration, to cause executors and ad-ministrators to return an inventory and appraise-ment of the goods and chattels, rights and credits of their testator or intestate, together with a list of outstanding spemte and desperate debts, due and owing to the deceased at the time of his death ; and also to cause all executors and administrators, and ex-officio, to 'cause all guardians, their execu-tors and administrators, ,forthwith after the expira-tion of one year from the date of their letters testa-mentary, or of their letters of administration, or from the time of their being chosen or appointed guardian, or from the probate of the vill appoint-ing such guardian, and the executors or adminis- OF DELAWARE. trators. of ..anyexecutor,. adminiStratdr or - guardian, forthwith after the expiration. oftsi*months from the date.,..bf-;their said letters, aid as ,.afterwards (but. ;nott of,tener than once. year) as such application shall be Iriade:.as. aforesaid,. or as such register Shall .without suck. application judgeneces-sary, to ,:.adjust :and ;settle their administration or guardian;.accounts ; and .if Any, ,executor administra-tor or guardian, or, their executors or administrators, shall be duly summoned to :appear before any regis-ter as .aforesaid, and to ;return such inventory as aforesaid, or to adjust.and.-settle any such adminis-tration or ,guardian accounts, ten days before the time appointed; thereforr7and shall make default, the said register .may send bis attachment for con-tempt, and force., obedience: to his warrants, sen-tences, orders and.:decrees, concerning any matter cognizable before: him, by imprisonment of body or sequestration of lands or goods, as fully as any court of- equity..may or can do. .41.,?*/. - SECT., 25. Aidbe it enacted by the authority afore-said That; from, and,after the first day of July next, all accounts of .executors, administrators and guar-dians, all inventories and appraisements as afore-said, all. valuations of intestates' lands and all es-timates: of the .annual ,value of the lands of orphans or rojpors.; , shall be adjusted, settled, made 'and returned in ,money of the United States, and not in pounds, shillings and pence ; and on all letters tes-tamentary, letters of administration, and orders for such valuations as aforesaid,: an indorsement shall be made, directing the appraisement or valuation to be made in money as aforesaid. SECT. 26., Ang_whereas, ,Mapy. . justices of the peace, have. ,fiAuently refused, although their fees have ;been tendered to them, to furnish transcripts, copies or exemplifications of their records, under pretence .that they were not bound to furnish such transcripts, copies or exemplifications, except in eases of appeal ; Be it then:fore enacted and deck- And may force obedience to his warrants, Sy-. All accounts, &c. &c. to be in money of the t:. States, with indorse-ments to that effect. Justices of the peace to furnish copies of their iveords. l'enalty for re-fusing. The proceed-ings of the Or-phans' court Of New-Castle coon. y, prior to 1802, to be re-rurdcd. red by the authority aforesaid, Thatall-perSons,'par: ties to, or intereste&or concerned in any 'suit vtivil proceeding; before any justice of the peace, 'haye, and shall have right-Eto havetranscriptS, Copies Or exemplifications 'of any such records andproceed-ings ; and if: any justiceA)f the 'peace,' shall after the passing of this act, when thereto required by any plaintiff or defendant in any'suit, cause; .or ac-tion which hath been or hereafter shall be corn-, menced, brought or tried before him, or which come before him, or in which. judgment was pro-nounced by him; or-vvhen thereto required by the executors or administrators of such plaintiff or de-fendant, refuse to make and deliver to such plain-tiff or defendant, his, her or their executors or ad-ministrators, a true and' fair transcript, copy or ex-emplification, certified under his :!hand and seal,- of the record and proceedings of any Such suit, cause or action, such justice of the peace shallferfeit and pay to the State, the sum of forty dollars; for eve-ry such offence, to be recovered btindictment, the court of General quarter. sessions ,of the peace and jail delivery, of the county where the offence is committed ; and every such justice of thepeace, shall also forfeit and pay to such person or persons; to whom he. shall so refuse to make iod'deliver stialf transcript, copy or exemplification certified as aforeL said, the sum of forty dollars, to be. recOVered 'with costs of suit, in any court of record in this State. SEC T. 27. .'Ind whereas, The proceedings of the Orphans' court of New-Castle county, for some years prior to the year eighteen hundred and two, %vere neglected to be recorded by the then clerk Be it therefore enacted by the authority aforesaid, That the chancellor shall be, and is hereby autho-rized and empowered to cause the said proceedings to be recorded in the record books of the Said court, and that the commissioners of the Levy court and Court of appeal of New-Castle county, Shall cause such sum or sums of money to be paid to such person or persons as may be employed by the chancellor, 48 LAWS OF THE STATE for the purposes aforesaid,- after the said proceedings shall be recorded as aforesaid, as the chancellor, shall judge adequate therefor ;, and it shall be lawful for the chancellor to commit to the custody of such per-son or persons, as may be so employed by him, the said unrecorded proceedings olthe said court. Passed at Dover, Feb. 1, 1806. OF DELAWARE.' 49 16)."11-* H 4 P. XXII. An ACT making Provision.for the support of govern-ment, for the year one thousand eight hundred and six. S ECTION BEo fit . Reneapcretesden btya ttihvee sS oenfa tteh ae nSdt Hatoeu osef Delaware, in General Assembly met, That the sum of ten thousand five hundred dollars shall be raised and paid into the treasury of this State, within the time and in . the manner directed by an act .of the General assembly, entitled, "An act for the better ordering, assessing, levying and collecting of taxes, and making provision for the support of government, for the year of our Lord one thousand seven hundred and ninety-eight ;" 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 New- Castle, the sum of .four thousand dollars ; for the county of Kent, the sum of three thousand five hun-dred dollars; and for the county of Sussex, the sum of three thousand dollars. C H A P. XXIL 10,500 dollarato be raised and paid into the treasury. sumSEs CTof. m2.o neAyn ds hbael l itb een aacptperdo,p rTiahteadt tahned a faoprpesliaeidd fAopr ptrhoep riation 50 LAWS OF THE STATE 'payment of sala-ries, ecc 3,000 dollars ap-propriated to purchase stock. State treasurer required to make the ptm. claase, &c. to and in the following manner: that is to say, so muchthereof as may be necessary, shall be applied to the payment - of. the salaries due and to bedome due to the governor, chancellor, judges of the Supreme court, and of the 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 ow' Lord one thousand eight hundred and seven; and so much thereof as may be necessary, Shall be applied to the payment of the daily allowance of the members of the General assembly, their clerks and other expenses, and for printing the laws. passe4 at this session of the General assembly, and the votes and proceedings of the two branches thereof; and the residue, if any there be, shall be applied to the payment of any sums of money due to the citizens of this State, for which provision shall be-made by law. S,scv. . ./Ind be it enacted, That the sum of eight thousand dollars, .part of the sum now in the treasury of the State, shall be and the same is hereby appropriated to the purchase of stOck in the finds of the United States of America ; and, the State treasu-rer is hereby authorized and required to purchase, for the use of the State, on the lowest and, best terms to be obtained, with said money, the said stock; and the same, when so purchased, shall be entered by him in the treasury books, specifying therein the number and amount of each certificate, the date there-of, to whom the same issued, of whom bought, and the price paid for the same ; and the said treasurer is hereby directed to return to the auditor, in his, quar-terly settlements with him, an account of such pur-chase of stock, with a specification thereof; as befoee mentioned. Passed at Dover, liebruary 1, 180.6. OF .DtLAWARE. _ C,F1 , ;.... . An ACT to inerease the salary the e.,haneellOri &Id the daily allowance of grand and petit jurors, and 'fer'6`ther purfio'ks:' ' 51 C If A P. 1806 SECTIOT, BE it .eikteted the. Senate anti ffous of lapi*thitcitival of the lary after 21st Chancellor's wt. State of Delaware; in General Asstiinoly.niet Thitt March, 1806' in lieu of the salary heretofore allowed by 'lint', the. annual sum of one thousand dollars be, and hereby is granted to the Chati ' tellor Whith Ati1111,torntnence from the twenty-first day of March next, and be paid quarterly at the treasury of this State. SEC 1.. And be=it- enacted; That from and after the first Tuesday-. in October next, there be granted in lieu of the present daily allowance each mem-ber of the GenerialaSsembbly threlj dollars, and to the speaker of each' house, three dollars and fifty cents for'eaeli dayi'§ attendance and thattlieclerit of 'each hotisei be alloweil for eVery dars: atteridante; 'three dollars, to be *iiaid it th6 treasury of \this`Stater,lon Warrants drawnAby the apeakerg of .eaalt -house're-spectively, and each 'member shall also be entitled to atjedays ancikitinte for:going fo,,.and_.§"ne day's Atidelot returning .fraht the-plasee he the General ASSeMblysis or shall be held. . ; ' 8E Cr, 3. And be it 'ellaeted, That henceforth, in To grand and lieu Of the dallY allowance, and in .addition to the petit jurors Mileage heretofore .granted by law,' there be *allowed eVery 'grand juror summoned; fbr every day of his attendance and service, in any of the courts of this State, -provided he be sworn or affirmed before the charge be given, to be paid by the county, one dol-lar; and every petit juror summoned for every day of his attendance, provided he appear at every calling of his name, by order of the court,.to be paid by the county, one dollar. Allowance to members of the General assem-bly, &c. To door keepers To:commission-ers of the Levy court. Poe, d,a At-§. Chap. 105, c. 2 vol. p. 1296, revived. Exception.Scc chapter 133. c. 2 vol. p. 1362. 52 LAWS. OF THE 'STATE SE c T. 4. And be it enacted, That the door-keept ers of the respective houses, shall be allowed, in lieu of their present daily allowance, for every day of their attendance, one dollar and fifty cents. SECT. 5. And be it enacted, That in addition to the fees already allowed the commissioners of the Levy court, they shall each have three cents per mile, from the places of their abodes respectively, to the court house of their countprespectively, for each and every day of their attendance. Passed at Dover, Feb. 1, 1806. uf..4:he r CHAP. XXIV. An ACT to revive and continue in. force the ,act, entitled,. "4n act to create a And sufficient to ,establish schools in this State,". for seven years, from the first day of January in the/present year.tvd SECTION BE it enacted by ,the :5'qnao House of. of the, State of Delaware, in General Assembly met, That the act, entitled, "An act to create a fund sufficient to establish schools in this State," passed the, ninth day of February, in the year of our Lord one thou-, sand seven hundred and ninety-six, shall be and is hereby revived and re-enacted in every part and thing therein contained ; except so much thereof as is alter-ed, changed, or repealed, by the act, entitled, " A supplement to an act, entitled, an act to create a fund sufficient to establish schools in this State," passed the twenty-fourth day of January, one thousand seven hundred and ninety-seven. Limitation. SECT. 2. And be it further enacted, That this act OF DELAWARE. shall be and continue in force, for seven years from the first day of January, in the present year. Passed at Dover, February -4'1806. CHAP. XXV. a supplement 'to the ace, "entitled, " An act for the appointment of escheators, and tadeclare and regu-late escheats." eizactedtby the Senate and SEOTION 1. House of .1ilepresentatives of the State 'of Delaware, in ,General Assembly met, That so much of the third 'section' of;the act, to which' this is a supplement, as requires each of the escheaters in the respective counties of this ,State; to cause to ,be empatmelled and summoned' twenty-four good ançl lawful men of the ,CountY, eciine before. him to make- the 'enquiry mentioned in 'said. section'i! be and the same is hereby repealed ; and. thatrfrom,rhence-forth, it shall and may be lawful, for each of the said escheators'to issue his precept, directed to the riff or corotier of the cotinty; as the case May require, thereby commanding such Sheriff or Coroner to em-pannel and summon sixteen good and lawful men of the county, .to dome before the said escheator, at some public and convenient place within the same county, not less than ten, nor more than twen-ty days thereafter, to Make enquiry for the purpo-ses as in the said section provided ; and if any twelve or more of the said inquest shall find that any such estate real Or personal', within the said coun-ty, hath escheated' to the -State, an inquisition there-of shall be ,made, signed and' sealed by the said es-cheator, and twelve or more of the inquest that find the same, setting forth that the intestate person CHAP. XXV. 1806 Part of the third section of the former act re-pealed. Escheator to is-sue his precept, directing the Sheriff to sum. mon jury of in-quest. In what case in-quisition shall be made, tkc. Of the costs of enquiry, &c. Escheats that have heretofore' happened, shall he enquired of, Lc. LAWSOV ,T1-1E STATE in the same 'precept named, :hathl died without heirs or any known. kindred as aforesaid, and tipeeitylti the estate real or personal, if any, of which such in-testate died sid Or %possessed, antfalso the person or persons, in whose hands or possession' the same shall be ; which inquisition to be taken as aforesaid, shall be certified and transmitted by the said es-cheator, as soon ai:e..61rt'efileiitif may be, after the bolding of such enquiry, into the office of the clerk of the Supreme court. . .." . .`f r SECT. 2. And be it enacted, That where any es-cheator shall' hold; an *.enquiry, upon'. any lands and tenements, goods and chattek :(ases. of %informa-tion given to the Governor excepted,) and shall pre-viously to his holding any such inquisition, obtain a, written opinion.Afrorn...theattbtkey- general, that such lands. aud..terteirtentsfygoods'i Old chattels, sO enquired on, ;\ hav0:,..e0oheated,then-Afie:, said eschea. tor, is hereby- directed to make, out a bill of all the Cost,s, of holding such enquiry, , and make a report thereof to the Qeneral asseMblyand .the..said costs being examined..anclapprov.ed7shall be allowed, and the ;said attorney rgeneratris hereby directed upon a ease stated, toil:um, by any of the escheatora in this State, to give,his Written.,opinion thereon ex-oflicio.! 11 ;.. , 1.; SECT. 3. Whereas,. Doubts hint, arisen on the construction. of the eleventh section of the act; to which this: is .a :supplement, whether cases of .es-cheats, which have heretofore happened for want of heirs, be -within the. provision of the said see, tion,; Therefore be it enacted, That in all cases where escheats have heretofore happened for Want 'of' heirs or . otherwise, except as is excepted in the thirteenth section of the said. act; they and each of them shall be enquired of by the escheator, decided upon like traverse and claim, and' under like limi-tations of time for making such traverse and claim, exposed to sale in like manner, as is in the said act to which this is a supplement, provided as to es-cheats which should thereafter happen for want of OF DELAWARE.." 55 heirs,- and the money thence arising- shall belong Hlij' and go as' is therein directed. xXvi. 1806 C T. 4. And be it .enacted, That if any person Persons absent shall have been absent and out of the State, or shall 7 years, &c. to hereafter be absent. and out of the State for seven bdeerunted years together, and no. evident proof be made of his or, her life, in any such inquest held, orto be held, .under and by virtue of this act, or the act to which this, is a supplement, he or she shall be ac-counted and taken to be dead, any law, usage or custom to the contrary notwithstanding. , Passed at Dover, Feb. 1, 1806. 011111 CHAP. XXVI. An ACT authorizing the treasurer of this. State to pay certain claims therein mentioned. E it enacted by the Senate and SECT ION 1. House of Representatives of the State of Delaware, in General Assembly met, That State treasurer the treasurer of this State be, and he is hereby au- to pay Peter Ro. binson ; thorizpd and directed to pay to Peter Robinson, Esquire, or his order, the sum of ten dollars, for sending to each of the counties of this State a certi-fied copy of the additional supplement to an act for the valuation of real and personal property within this State, and also for expenses incurred for por-terage of the journals of the Senate and House of Representatives to the town of Dover, one dollar and twenty-five cents ; to John Hall, escheator of John !fall, the county of New-Castle, fof expenses incurred scheatleor of N. Cast coulay in prosecuting, on the part of the State, an enquiry relative to the estate of Jonathan Osburn and Dun-can Beard, ninety-eight dollars and sixty-five cents; to Joseph Jones, for publishing the resolutions of .J1o seph .Io nes ; 56 LAWS'- OF? THE STATE G'A P. the State.of Massachusetts; prOpOsini,airarnerid-ment to the constitution:; of the United States, if: 1806 teen dollars and for inserting the proclamation of the 'Governer of this State,' declaring: "Jarnes'IVI. Broom dilly 'elected a representative in Congress, the sum of- three dollars ; to Wooden and. Allee, Wootten and for publishing, the 'resolutions froin the :State of Alice ; Massachusetts, proposing an *amendment to. the constitution, of' the United. States,: fifteen, dollars, and for Lprinting.ive quires .of blank commissions Wm. Pryce ; for jilstices'of the peace,- five dollars ; to William Pryce,- for 'binding ten- copies:Of the journals of the House of Representatives and five copies of the journals of the Senate, for bOX and porterage, twen- James Wilson ; ty-five dollars and one cent; to James' Wilson, in full.for binding the laws of this State, the sum of Treasurer of twenty-five dollars; and to the treasurer. of Kent Kent county ; county, the sum of eighty-eight dollars and fifty-six cents, being a moiety of the expense of repair-ing the State-house, and forty dollars, a moiety of the expense of a flight of stone steps for the front door thereof; and that John Clarke be authorized And to retain, to retain in his hands the sum of twenty-two dol- &C, lars and fifty cents, for his expenses incurred, as trustee of the school fund, in procuring Stock for the said fund ; and that he be authorized to retain in his hands four dollars, for attendance on the sale. of Joseph David's and William' Polk's lands, at the suit of the State. Passed at Dover, February 3, 1806; ,LAWS OF THE STATE, &cc. HA .P., XXVIL !.: win ACT to-confirm the title of a certain lot or piece of land, with the iniproVements and appurtenances situate, in the borough' ofkilmizto, n, andeounty of Aew-Castle in the State of &aware ta iiam Townsend, his heirs and assigns, Passed at Dover, Jan..15,1807.;-'Private aCt. , C HA P. XiVIIL I An .ACT to incorporate a company to erect a draw-bridge over the river Christiana, at Wilmington, . and/or other purposes therein mentioned. 5 CU A P. XXVII. 1807. SEC TiON.-1. E it. enacted by the Senate 'and Commissioners ' House of Representatives' O fi' the appointed to State of Delaware, in Oeneral4sseinb4 met, 'iliat,it roixistolz and shall and may be lawful to booicg, for receiving scriptions. and entering subscriptions, to the amount of fifteen 60 CU A P. xxvin. 1507. Books, when to be opened. Ccneral meet-ing of the sub. scribers. LAWS OF THE STATE thousand dollars, in shares of fifty dollars each, under the management of William Collins, _Willi-am Hemphill, John Warner, James Lea and Jacob Broom, for the purpose of. erecting a draw-bridge across the river Christiana, at Wilmington, and opening a road from thence through Holland's creek marsh, in such direction as shall be deemed most eligible and proper to the fast land at or near the house of major Peter Jaquett, of the Width of eighty feet, inclusive of an allowance for .making a drain on each side or the road, for the 'purpose. of raising the same above the level of the said marsh, and for keeping the said bridge and road through the marsh aforesaid, in good and sufficient repair, and for opening and making a road of the width of not less than forty feet, nor more than sixty, on the fast land from the said Peter Jaquett's, to intersect the road leading from the public ferry over the said river, below Wilmington, to the town of New- Castle, where the said road crosses the division line between the lands of major Peter Jaquett and Robert White, in. the most .direct.line the nature of the ground will admit of. SECT. 2. 4nd be it enacted, That the said books shall be opened on the first Tuesday in March next, upon ten days pitblic notice being previously given by the commissioners 'aforesaid,. or :a majority of them, and-shall continue open for three days suc-cessively; that on the first Tuesday of April there-after, there shall be a general meeting of the sub-scribers, at the borough of Wilmington ; of which meeting notice shall be given by the said commissi-oners, or a majority of them, in the, public newspa-pers, at least twenty days before the said meeting; and the acting commissioners, at the time and place aforesaid, shall lay before such of the subscribers as shall meet, according to said notiCe, the books by them kept, containing the state of the said subscrip-tions; and if the capital sum aforesaid, should, upon examination, appear not to have been subscribed, then the said commissioners, at the said meeting, arc empowered to take and receive subscriptions, - OF -DELAWARE: 61 to make up the deficiency ; and a just and true list of all the ,subscribers, with the sums subscribed by each, shall be made out and returned by the said commissioners, or a majority of them under their hands, to the Supreme court of New,eastle county, to 'be there keptalid recorded. SiCT. 3., And be it enacted, Th,at no persOn shall, on the first 'day the books are'opened, subscribe for more than tWo shares4 said stock; but should the subscriptions'not be filled up Orrthe -first day, then the commissioners shall permit any-person to Sub- Saribe On: the; second day, for oneadditional share; and if the subscriptions.' be.not filled up on the se-cond day, :then any person may 'subscribe for as many shares as he or she may think proper, until the capital ' sum aforesaid, is subseribed for ; and there shall be paidirito the,hatidi &the Commissi-oners; at the time of subscribing, five dollars on eaali and every .share so subscribed' for by hint or her who subscribed for such share or shares,, which shall be deemed and taken to be in part, and on ac-count of Said share or shares; so `subscribed for as aforesaid ; which money, so received by the com-missioners as aforesaid, after deducting the rea-sonable expenses of taking the subscriptions afore-said,. .shall be by 'them 'deposited in the ,bank of Delaware, and there to remain subject to'the draft or drafts of the president and directors of the Wil-mington bridge company, to be chosen as is herein after directed. SECT. 4. And be it enacted, That in case two thirds of the said capital, or a greater sum shall be subscribed, as aforesaid, the subscribers and their heirs and.assigns, from the time of their said first meeting, shall be, and they are hereby declared to be incorporated, by the name of the "Wilmington Bridge Company," and may have perpetual succes-sion, and sue and be sued, and make and use a common seal as such, which they may alter, break or renew, from time to time, at pleasure, and shall CHAP 1807 ' Regulations for subscribing, &c. Incorporation of the subscribers. Style & powers. 62 LAWS OF THE STATE C H'A: P. XXV1/1. 7.Z.771 Election of pre-sident and di-rectors. Their qualifica. 'ion. Commissioners appointed to fix on the place for the bridge have all the privileges and franchises, incident to a corporation ; and such of the said SubscriberS, as shall be present at the said,meeting, or a majority of them, are hereby empoweredand required to elect nine directorsi, that the said .directors, when so elected, shall Proceed-to elect, by ballot, One . of their number, who shall be president for one year, and Until another shalt be chosen; in Manner afore-said.; that the said directors shall be divided into three classes, the classes to be determined by lot, and the time of the first class to expire at the end of the first year, the time of.ihe second class to ex-pire at the end of the second year, and the'tinie of the third class to expire at the end .of the third year, so that one third may be chosen or appoint-ed annually. SE CT. 5. And be it enacted, That every president and director, .before he acts as such, shall take an oath or affirmation, to perform -the duties of his office with fidelity. SECT. 6. And be it further enacted; The more effectually to enable the President, . directors and company aforesaid, to execute and complete the purposes aforesaid, authorized by this act, that James Stroud, Nehemiah Tilton, lames Brindley, Samuel Canby and Joseph Shipley, be, and they are hereby appointed commissioners, and they, or a majority of them, are hereby authorized, empow-ered and required, to call to their assistance, one able and skilful surveyor, and two chain carriers, all of whom shall be first sworn or affirmed ; who, together with the commissioners aforesaid, or a ma-jority of them, are hereby empowered and directed to enter upon, and pass over, any lands, through which it may be thought necessary. to run any line or lines, or over which they may have occasion to go and travel, in execution of the trust hereby repo-sed in them; and the commissioners aforesaid, shall, and they are hereby required to view the ri-ver Christiana, at Wilmington, there to fix and de. termine on the most suitable place for the erection r. e OF DELAWARE.' 63 of the said bridge, so that the Same May beat the end - of Market-street; and also to view the ground from raonaddsto lay out the southerly abutment attic said bridge through Hol-land's creek 'marsh; and to lay .outa road through the same in the most direct-line the nature of the ground will admit of, to the'fast land'at or near the house of major Peter Jaquett, and frorri thence, in the most direct line, the nature of the ground- will adinit of to Read's,. formerly Clark's corner,- aforesaid,' and also from the said road near Jaquett's, to the, road leading from the public ferry over the said river, below Wil-mington, to the town of New-Castle, froin where the said road crosses the division line between the lands of major Peter Jaquett and Robert White; -and the Plot thereof to comthissidners aforesaid, or a majority of them, shall be made, &e. cause the surveyor, whom they may employ, to make a correct plot or draft of the bridge, and roads afore- 6.id, fairly describingthe roads; by their courses and distanCes from the end of Market-street, in Wilming-ton, across the said 'Holland's creek marsh as afOre-said, to the fast land, at or pear major Peter Jaquett's house, and thence to Read's, formerly Clark's corner, as aforesaid, and from the said fast land, at or hear Jaquett's, to the road leading from' the public ferry over the said river,- o the town of New-Castle, where the said road crosses' the divisional line between the lands of major Peter jaquett and Robert White; and the said plot or' draft shall be signed by the surveyor, and the commissiontrs aforesaid, shall certify thereon, that they have approved thereof, and the said plot or draft, with the, said certificate of the commissioners thereon, shall be returned into the office of the clerk of the peace, for the county of New-Castle, and be by him recorded and carefully kept; and the said re- .thm, when made in the manner aforesaid, shall be conformed to; by the said Wilmington bridge com-pany; who shall erect the bridge, arid open the roads, as they are, or shall be laid down in the said plot or draft, without any deviation therefrom; and the said bridge and roads, shall forever thereafter, be kept in good order and repair, by the said company. 64 LAWS OF THE STATE Powth & duties SE CT. 7, ../Ind be it further enacted, That the of the president and directors. said president and directors or a majority Of, them, shall have full poiver and authority, from time to time, as money shall be 'wanted, to make and sign orders for that purpose, and direct at what time, and in What proportion, the subscriptions shall be advanced and paid ; which orders shall be advertised in the public newspapers,_ or otherwise, at least one month before the time of payment, so appointed ; and they are hereby authorized and empowered to demand, and receive of the several proprietors, from time to time, the sums of money, so ordered to be advanced, for carrying on and executing, or repairing and keeping in border, the said bridge and roads, until the sums subscribed, shall be fully paid;' and to order the said sums to be deposited in the hands Of the treasurer, to be by him 'disbursed and paid out, as the said presi-dent and directors, or a majority of them, shall order Shares, how for- and direct ; and if any of the said proprietors, shall refuse or neglect'to pay their said proportions, within one month after the time of payment so ordered and advertised, as aforesaid, then the share or shares of the said proprietors, and all monies thereon paid, shall be forfeited to the company, and shall be sold by them to any person Willing to purchase, for such price as can be obtained therefor ; and the said pur-chaser or purchasers "shall be subject to the same rules and regulations, as if the sale and conveyance had been made by the original proprietors. SECT. 8. rind be it enacted, That the president, directors and company, of the Wilmington bridge company, shall, at their own proper costs and charges, erect a draw-bridge across the river Christiana, at Wil-mington, aforesaid, of the following dimensions, viz. the bridge shall be of the width of not less than twen-ty- five feet, to be built of timber of the most durable kind that can be procured, with a draw of the 'length of thirty feet over the channel, or deepest part of the said river, !hr the purpose of letting vessels pass and re- Bridge to be erected, & plan thereof. OF DELAWARE. 65 pass throughthe sante; - Which drait- shall; :at all times, on the approach of any masted vessel': On vessels be -drawn; at:the:expense of the 'said, bridge, company, 'and that -Without any let .othindrance to the 'Said ves- 'sels, in passing and re-passing, atrall thnes,.and-with-out any charge or costs to such masted Vessel, for drawing said bridge, under and subject to the penal-tics and forfeit-tires:hereinafter provided. - SE c.r. 9. And be it enacted, That the .said'presi- Further powers dent and directOrs, so elected, and their successors, of the president d dir or a majority of them assembled, shall have full pow-an estors. er and authority to agree -Withany person or persons, on behalf of the said company, to erect such bridge, and make such roads, andperform such otherworks, as they shall judge necessary for opening, improving and: extending the roads, so to be ascertained and re- ' turned:by the coMmiSsioners aforesaid, and carrying on the same from place to place, and from time to time; and upon such terms,' and in. such manner, as they shall think fit, and out of money arising froth the subscriptions and tolls, and other aids, herein after given; to pay for the mine, and to repair 'and keep in order the said bridge, roads, and other works, neces-sary thereto, and defray all incidental charges ; and also to appoint: irtreasurer; clerk, and such other ail eers, toll-gatherers, managers and servants', as they shall judge requisite, and to agree for andsettle their respective wages and allowances, and to settle, pass, and sign their accounts, and also to. make and estab-lish rules of proceeding, and to transact - all other business and concerns of the said company, in and during the intervals, between the general meetings of the same, and they 'shall be allowed, as a stitisfac-tion for: their trouble therein, such sum of money as shall by a' ,general meeting of the subscribers, be determined Provided alwhys, That the treasurer proviso. shall give bond, in such penalty, and With such se-curity, as the president and directors, or a majority of them, shall direct, for the true and fitithful _dis- . 0 CRAP. 1807 66 LAWS OF THE STATE charge of the tiust reposed in. him, and' that the al-lowance to 'be made to him for his services, shall not exceed two 'dollars in the hundred, for the 'disburse-ments by him made, and that no officer in the said company, shall have any vote in the settlement or passing his own account. Bridge, Estc.vest. SECT, 10. And be 'it enacted, .That for and in ed in the corpo. consideration of the expenses the said stockholders ration. will be at, not only in erecting the Said bridge, and making said roads and other -works, but in maintain-ing and keeping the same in repair, the said bridge, roads and works, with all their profits, under the limitation iS aforesaid, shall be, and the same are here-by vested in the said corporation,. forever, subject nevertheless to the conditions hereafter mentioned ; and that it shall and may be lawful for the said presi-dent and directors, after the said bridge shall be' erect-ed, and the said roads be opened and made passable, to demand, and receive the following tolls or pontage for crossing said bridge : to wit, CHAP. ty) 1807 l'ontage. Cents. For every single horse and rider . 6 For every fbot passenger . . 1 For every coach, chariot or landau . 37 1-2 For every other four-wheeled pleasurable carriage . . . 25 For every curricle . . . 25 For every chair, sulkey, or other two-wheel-ed pleasurable carriage . . 12 1-2 For every stage-miggon, with passengers 25 For every loaded waggon . . 25 Not loaded . . 12 1-2 For every loaded cart, ex. three horses or oxen 18 For every sled or sleigh . . 12 1-2 Unloaded do. do.' do. 9 . For every loaded cart, and one horse . 6 Unloaded do. do. . 4 For every other horse, mule, or ox, in a cart or waggon . . 3 For driven or led horses, cattle or mules, each 1 For every sheep and bog . . 1-2 OF DELAWARE. 67 SECT. 11. And be it further enacted, That every person or persons, who shall prefer an annual contract for the use of said bridge, shall be entitled, for him-self and his family, to all the benefits; of, the same, except as to stages for the. conveyance of persohs for hire, for the sum of six ,dollars, to be paid in *such manner, that a quarterly payment shall always be in advance ; and if any person or persons, who wish to make such contract, shall think the said annual pay-ment unreasonable, and disproportionate to the num-ber of their family, and their use of the said bridge, the party so aggrieved, and,the president of the bridge company, shall choose a disinterested freeholder, who are hereby required to decide, without further appeal, what reduction, if any, shall be made from the annu-al payment herein before specified. SECT. 12. And be it enacted, That if the presi-dent, directors and company, or any person or per-sons having the care and keeping of the said bridge, shall exact or demand any greater prices or rates than wharafe herein before prescribed, and specified, he or they, so offending, shall, for every offence, forfeit and pay any sum, not exceeding twenty dollars, one moiety thereof, to the party grieved, ,and the other moiety, to the trustees of the poor, for, the use of the poor of said county, to berecovered, aS:debts to The same amount, are recoverable by the laws, of this State. ' SE CT. 13. And be it enacted, That it shall and may be lawful for the .president and directors, or a majority of them, to contract and agree with. the owner or owners of any hinds and tenements, for the purchase of so much thereof as, shall be necessary for erecting said bridge, and opening said roads, if they can agree with,, such. owners,; but in case of disagreement, or in Case the owner thereof skill be a feme covert, under, age, non compos mends, or out of theState or otherwise incapacitated to con-vey, then it shall, and may be lawful for the said Commutation of rates, &c. Penalty for ex. torting undue rates. Lands 'for, the .. use of the bridr, how obtained. 68 CRAP. LevNJ 1807 Ana damages ascertaitied, gtc. LAWS OF THE STATE president and directors to apply to the 'clerk 'of the Supreme court for New-Castle county, who, upon such application, is hereby authorized, empowered, enjoined and .required, to issue one.or more writ or writs, as occasion shall require; in the nature of a writ of ad quod damnum,, to be directed to the Sheriff`of said County, or to the Coroner of said county, if the Sheriff should be in any way interested, describing the same, and naming the owner thereof, and .eorn- 'wilding the said Sheriff or Coroner, as the case may be, that by the oaths' or affirmations of twelve good and 'lawful men of hia. bailiwick; who shall be indif-ferent to the parties, he shall enquire whether the person or persons owning any lands and tenements necessary to be used by the said president and direc-tors, 1611 suffer and sustain any, and what damages, by reason or means of taking any such lands, tene-ments, or other real hereditaments, necessary for the use of the said bridge and roads, or by any ways or means whatever, and to return the same writ, togeth-er with the finding of the said jury, to the next Su-preme court after such finding, and upon such writ being delivered to the said Sheriff or Coroner, as the case may be, he shall give,, at least ten days notice, in writing, to the parties in the said writ named, or their representatives, of the time of executing the same,. and shall cause to come upon the premises, at tlie time appointed, twelve good and lawful men of his bailiwick, who shall be selected, in such manner as struck juries usually are, to whom he shall admi-nist& lin oath or affirmation, that they will diligently enquire concerning the matters and things in
|Date Digital
|CONTENTdm file name
|Laws of the State of Delaware - Volume 4 - Page 1
|Delaware General Assembly
|Full Text
|STATE - OF F ROM THE SEVENTH DAY OF JANUARY, ONE THOUSAND EIGHT HUNDRED. AND SIX, TO THE THIRD DAY OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND THIRTEEN. VOLUME IV. c2idlielled t. dadOrity. .1816. WILMINGTON: PRINTgD BY M. BRADFORD AND R. PORTER.
|CONTENTdm file name
Add tags for Laws of the State of Delaware - Volume 4 - Page 1
Post a Comment for Laws of the State of Delaware - Volume 4 - Page 1