At a General Assembly begun at Dover, in the Delaware State, ... the following Acts were passed .. online

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LAWS



OF THB



STATE OF DELAWARE



PA8BBD



AT A SESSION OF THE GENERAL ASSEMBLY



OOMMBNCED AND HBLD AT DOVBB



On Tuesday, January i , A. D. 1 90 1



AND



IN THB YBAR OF THB INDBPBNDBNCB OF THB UNITED
STATBS THB ONB HUNDRBD AND TWBNTY-FIFTH



VOLUME XXII— Part I.



»• • •

• • • •

• • •



PRBSa OP THK MILFORD OHRONIGUI,
MlliPUIOi DBLAWABBi



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L 5847



MAY I ^ 1932



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LAWS OF DELAWARE.



CHAPTER I.

AMENDMENTS TO THE CONSTITUTION.

House Amendment to House Sill Nc. 217.

Strike out all of the bill after the word "State" in the third Amcudment to
line of Section i of the bill and insert in lieu thifteoi the following: biii. °" '

•*/
"First, That all of Section 3 of Article 9 of the Cbnstitutiofi

of this State after the word 'Corporation/ where it occurs the
second time in Section 3, be stricken out/' > / -

Section 2. That Section 6 of said Article 9 be stricken out Aroen^mfct to

and in lieu thereof substitute and adopt the following, viz.: ofsecifoa i of

'^ ^ the Bill. :-

Section 6. Shares of the capital stock of corporations ere- Proposed

ated under the laws of this State, when owned by persons or cor- s^uonâ„¢ o? ***

porations without this State, shall not be subject to taxation by conSftSuon!^

any law now existing or hereafter to be made.

An Act proposing amendments to Article 9 of the Constitu-
tion of the State of Delaware concerning Corporations.

Be it enacted by the Senate and House of Representative* of the State
of Delaware in General Assembly met (two-thirds of the members
elected to each House agreeing):

Section i. That the following amendments be and the same Proponed
are hereby proposed to Article 9 of the Constitution of this State: ArtSeâ„¢of\h2

iMnstitution.

First. That all of Section 3 of Article 9 of the Constitution
of this State be stricken out and in lieu thereof substitute and
adopt the following, viz.:



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4 LAWS OF DELAWAHK.

AMENDMENTS TO THH CONSTITUTION.

AmSJtocDt in "Section 3. Shares of the capital stock of Corporations ere-
lieu of Section ated Under the laws of this State, when owned by persons not
th^ conrtitut? residing herein, shall not be subject to taxation by any law now
'*°"* existing or hereafter enacted/'

Second. That all of Section 6 of Article 9 of the Constitu-
tion of this State be stricken out.

Apprc/oed March 9, A. D. 290L



• • • • •



•• • •






Note— Published as eurolled.



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nA.WS OF DSLAWARK.



TITLE FIRST.

Of the Jurisdiction and Property of the State ; its
Legislation and Laws.



CHAPTER 2.

OF LIMITS.

Ax Act to establish Bulkhead, Wharf and Pier Xines on the
Delaware River, in front of the City of Wilmington and
Vicinity.

Be it enacted by the Senate and House of Representatives of the State of
Delaware in General Assembly met :

Section i. That the bulkhead line or lines of solid filling,
and the pier line in the tide-waters of the River Delaware, lying
between the Christiana River and the northerly boundary of
Edgemoor, opposite the City of Wilmington and Edgemoor, as
fixed, established and adopted, or hereafter to be fixed, estab-
lished and adopted, by the Secretary of War of the United States, ^dlVd p"i^
under the acts of Congress in that behalf, are hereby adopted Jjj^f^hwi*'*
and declared to be fixed and established as the exterior bulkhead Jy^^^e-
and pier lines between the points aforesaid, as such exterior tary of war.
bulkhead and pier lines so fixed, established and adopted, are or
may hereafter be shown upon the manuscript map or maps, re-
port or reports, filed in the office of the said Secretary of War
or War Department.

Secretary of



Section 2. That the Secretary of State is hereby authorized fi^J^dS^n^^te
and' directed to procure duplicate copies of the said manuscript copies of maps,



map or maps, report or reports, accompanying the same, from to file one in
time to time, and file one of said copies in his office at Dover, other i?offi"c
and the other of said copies in the office of the Recorder of Deeds JSSsf nc^^



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6 LAWS OF DELAWARE.

OF LIMITS.

wSnfiited"*'' for New Castle County; which said copies when so filed, or ccr-
shaiibcevi- tificd copies thercof, shall be competent evidence for all purposes.

fin\L*bSU?n Section 3. That it shall not be lawful to fill in with earth,

«s^wi^«d stone or other solid material in the tide-waters of said river be-
ESikh««/^" tween the aforesaid points, beyond the bulkhead line or lines of
*"**â–  solid filling by this act adopted, fixed, established, laid down and

exhibited on the aforesaid map or maps, report or reports, ex-
cept in the construction of duly authorized piers; and no erection
or structure of any kind shall hereafter be erected, allowed or
maintained beyond or exterior to the aforesaid bulkhead line
or lines of solid filling, except duly authorized piers which shall
not be less than one hundred and fifty feet distant one from the
other, and which .shall in no case extend beyond the lines indi*
cated for piers on said map or maps, report or reports.

priSorlmi^ Section 4. That the littoral proprietors abutting on the River

wect bnikcads, Delaware, between Christiana Rivei* and the northerly boundary
of Edgemoor, are hereby respectively authorized and empowere<l
to erect bulkheads, wharves and piers on the line or lines now or
hereafter to be fixed, established and adopted as provided in
Section one (i) of this act, opposite their respective littoral hold-
ings on said river, between said Christiana River and the north-
erly boundary of Edgemoor; and to fill in with earth, stones or
other material, the space or spaces between said bulkhead line
or lines of solid filling, shown or exhibited on the map or maps,
report or reports aforesaid, and the westerly bank of said river,
(designating the high water mark thereof), between said Chris-
tiana River and the northerly boundary of Edgemoor aforesaid.
United states Provided, that nothing herein contained shall operate to prevent
^oe'for^ the United States from utilizing all or any portion of the space
Eg mitttiSaf" between said bulkhead and the westerly bank of said river for
the deposit of dredged material taken from said River Delaware
in the progress of the improvement thereof, not exceeding twelve
Fining in sub- feet in height above mean low water. And provided, further,
tionaonS^*' that the filling in of said space between said lines by any littoral
DepartflMttt. p|.Qprietor shall be under and subject to the regulations of the
War Department of the United States.

Section 5. That the land under the waters of said river, with-
in the limits aforesaid as hereafter determined, on the front of the
luind M made littoral holdiugs of said littoral proprietors respectively, and be-
io littoral pro- tween the bulkhead line or lines of solid filling, as shown and
prietora. exhibited on the maps aforesaid, and the westerly bank of said



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LAWS OF DELAWARE. 7

OF LIMITS.

river, (designating the high water mark thereof), shall vest in fee
in said littoral proprietors, their heirs, executors, administrators,
successors and assigns, respectively. And when a suitable bulk-
head shall have been constructed front of any of said littoral hold-
ings, of any of said littoral proprietors, it shall be the duty of the ^i*^^^;.
Attorney General, upon satisfactory evidence to him of that fact,t«ryofstatet^o
and the tender to him of the reasonable and necessary expenses therefor,
of preparing the conveyance or conveyances hereinafter named,
to seasonably prepare, and of the Secretary of State to forthwith
execute under the seal of the State, a gprant assuring to said lit-
toral proprietors, respectively, their heirs, executors, administra-
tors, successors and assigns, the lands under water in front of
their respective littoral holdings aforesaid, between said bulkhead
line and the said river bank.

Section 6. The breadth of water front appertaining to each ^|g^" *JeJ^:
littoral proprietor or owner of land abutting on the said river mined by ex-
bank shall be determined by protracting the line of the land toofian^to^"
the bulkhead line established under this Act, wherever the pro- *^"^^^**** "°•^•
traction of said lines would not result in giving the said owner
more, or to any other littoral proprietor less, than his proportion-
ate share of frontage on said bulkhead line; and in <rase of a con-
flict arising from the divergence or convergence of the lines of
said littoral proprietors, or of the public streets, the Attorney Attorney ccn-
General is hereby authorized and empowered to settle the said JSisdictton in
lines outside of said river bank so that equal justice shall be done <»*«°^^**p"^«'
to all concerned.

Section 7. That it may and shall be lawful for the said littoral ^^^JJi^Jg"
proprietors, respectively, to own and hold all bulkheads, docks, own bulkheads
wharves, buildings and piers that hereafter may be erected pur- ?SiarSgJr&c
suant to this act on the front of their littoral holdings respectively ;
and to use, possess, repair, and keep the same in order, and to
lay any steamboat, vessel, or other craft at the same; and to de-
mand, take, sue for, and recover reasonable wharfage, demurrage,
rent or dockage of and from any steamboat, vessel, or other craft
using the same, and from all persons who may use said bulkhead,
docks, wharves, buildings and piers in any way whatsoever, and
shall also be authorized to sue for and recover any damage that
may be done to the same.

Section 8. This act shall be deemed and taken to be a public
act and shall be published as such ; and that all acts and parts of



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LAWS OF DELAWARE.
OF LDilTB.



acts inconsistent with the provisions of this act be and the same
are hereby repealed.

Appnwed March 8^ A. D. 1901. ^



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IAW8 OF DELAWARE.

OF LIMITS.



CHAPTER 3.

of limits.

An Act changing the boundaries of the Third and Fourth
BLEcnoN Districts of the toth Representative District,
New Castle County.

Btii enacted by the Senate and House of Representatives of the State of
Delaware in General Assembly met:

All that part of New Castle Hundred south ot tTie New Cas- Boundaries of
tic and Christiana road and Delaware Street, in the town of New DUtri<?o?!Sh
Castle, to where it is crossed ty the Delaware Railroad cut-off, SfS^"^''*''^
and west of the Delaware Railroad cut-off, to where it connects «»«»"k«<5-
with the main line of the Delaware Railroad, and west of the
main line of the Delaware Railroad, to where it is crossed by the
State road, thence southerly by the State road to the boundary
line between Red Lion Hundred and New Castle Hundred, shall
be known as the Third Election District of the Tenth Represen-
tative District.

All that part of New Castle Hundred south of Delaware
Street beginning at the Delaware River and following the line
of said Delaware Street westerly to the Delaware Railroad cut- Boundariefi of
off, thence by the line of said cut-off railroad to its intersection DiltHrtof ?oth
with the main line of the Delaware Railroad, thence by said main oiJTrkT"*"**'^
line of Delaware Railroad to where it is crossed by the State ^**®"k^-
road, thence southerly along State road to the boundary line
between Red Lion Hundred and New Castle Hundred, shall be
known as the Fourth Election District of the Tenth Representa-
tive District.

Approved Mwrck 23, A. D. 1901.



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lO LAWS OF DELAWARE.

OF LIMITS.



- - â–  ' CHAPTER 4.

of limits.

An Act to change the voting place in the Second Election
District of the Eleventh Representative District in New
Castle County.

Be it enacted by the Sendte and House of RepresentbctJtive^ of the Stale of
Delaware in General Assembly met :

hiK>i«^lcJi»' Section i. That all persons entitled to vote at all general and

™^"^.®^*^^ special elections in the Second Election District 01 the Eleventh
nth Represeii- Representative District in New Castle County, shall vote at
N. c^county* * School House in School District No. 57 in said Discrfct.

Section 2. That all Acts or parts of Act inconsistent here-
with be and the same are hereby repealed.

Approved March 9^ A. D, 1901,



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LAWS OF PELAWAJLE. It

OF LIMITS.



of limits.
An Act repealing Chapteb i59,Volume 21, Laws of Delaware^

ENTITLED "An AcT DESIGNATING THE Vo?ING PLACE IN THE

First Election District of Representative District Num-
HER Three of Kent County."

Be it enacted by the Senate and House of BfipresenJtaJtives of the State of
Delauoare in General Assembly met :

Section i. That Chapter No. 159, Volume 21, Laws of Dela- chapter 159,
ware, be and the same is hereby repealed. ^^' •' repeals

Approved February 18y A. D. 1901.



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12



LAWS OF DELAWARE.



or LIMITS.



CHAPTER 6.



OF LIMITS.



An A(t designating the Voting Place in the First Election
District of Representative District Number Three of
Kent Col'nty.

Be it enacted by the Senate ai\d Hovise of Represeniatives of the State of
Dehware in General AsttenMy met :

P]«ccofhoid. Section i. That after this Act becomes a law, every general

in E'ection " and Special election held in the First Election District of Repre-

District No i

oriicfyrci^iitk- sentative District Number Three of Kent County, shall be held
tjvc DUtHct ^^ ^YxQ times and in the manner fixed by law in the building now

occupied and used by Thomas Holliday, in the town of Qayton,

as and for a wheelwright shop.

Approved Fehrn<iry 18, A, D. 1901,



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LAW8 OF DELAWABS. I3

OF LIMITS.



CHAPTER 7.

OF LDfnS.

Ax Act repbauno Chapter i6o» Volume 21, LawsofD^xaware,

ENTITLED *'An AcT DESIGNATING THE VOTING Pl^GE. IK THE

Sbodnd Election District of Representative District Num-

BBB I^REE OF KeNT COUNTY."

Be U enacted by the SenaU and House of Repreientatives of the State of
Delaware in General Assembly met:

Section i. That Chapter 160, Volume 21, Laws of Delsrvsrare, copter 160,
be and^the same is hereby repealed. pe«Sdf "'"^

Approved February 18, A, D. 1901.



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14 LAW8 OF DELAWARE.

OF LDUTB.



CHAPTERS.

OF LDIITB.

An Act d^ignating the Vormq Place in the Second Blectio:;
DMniicrr op Representative District Number Three pf
^jsNT County.

Be it eMuied by the Senate and House of Represenlalives of the State of
Delaware in General Aeaemtly nyet:

Place of hold- Section I. That, after this Act becomes a law, every General

iS VmSS" and Special Election held in th^ Second Electipn Pistrict of Rep-



if iSSf^i^. resentative District Number TJire^ of Kept County, shall be held
No&^"** in the building now kept as an inn, tavern and hotel, by Samuel
Fortner, in the town of Keiitoii.

Approved February IS, A. D. 190L



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UW8 OF DELAWARE. 15

OF LIMITS.



CHAPTER 9.

OF LIMITS.

A\ Act to divide Representative District Number Seven of
Kent County into two Election Districts.

Be U enacted hy the Senate and House of Representatives of the State of
Delaware in General Assembly met :

Section i. That for the purpose of holding elections for Dis- gjg!^'^*^*^^
trict, County and State offices in Representative District Number JJ^*^^*JJn
Seven of Kent County, the said Representative District is hereby districts,
divided into two Election Districts, viz. :

By a line beginning" at Stubbs Corner where tne public road ^^^f "^'^
from Camden to Willow Grove intersects the northern line oi
the Sixth Representative District of Kent County and following
the centre line of the said Camden and Willow Grove road in a
northeasterly direction to the centre line of the Cedar Lane road ;
thence along the centre line of the Cedar Lane road, in a south-
easterly direction to the centre line of the public road from Cam-
den to Canterbury; thence along the centre line of the said Cam-
den road a short distance in a northerly direction to the centre
line of the public road leading to Green's Mill and Rising Sun;
thence along the centre line of the Green's Mill and Rising Sun
road in an easterly direction to the centre line of the public road
leading from Camden to Magnolia at Rising Sun; thence follow-
ing the centre line of the said Camden and Magnolia road in a
southeasterly direction to the northern line of the Eighth Repre-
sentative District of Kent County. All that part of Representa-
tive District Number Seven of Kent County lying north, east
and west of said dividing line shall be the First Election District
of Representative District Number Seven of Kent County, and all
that portion of said Representative District lying south, east and
west of said dividing line shall be the Second Election District of
Representative District Number Seven of Kent County.

Section 2. That the town of Camden, Kent County, shall be vothil^JilicJ'^ju
the voting place of the First Election District of the said Repre- tH!?No. ?.''



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l6 LAWS OF DELAWARE.

OF LIMITB.

woodrfdetobesentativc District, and the town of Woodside, Kent County,
BiectfM Di0- shall be the votine place of the Second Election District of the



voting plac
ntative Dist

Approved March P, A. D. 1901.



trict NO. ,. ^j J Representative District.



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LAWB OF DELAWARE, ^7

OF Loirrs.



CHAPTER 10.

OF LOOTS.

An Act divimng the Fifth Reprbbesttative District of Sc88EX
County into Two Election disteicts by a New Dividing
Line of said district.

Be k auuied by the SetuUe and House of Repr€$e$Ualioe4 of the State of
Delaware in General AH^nibly met :

Section i. That for the purpose of holding elections for
Hundred, District, County and State offices in the Fifth Repre-
senutive District of Sussex County, the said Representative Dis-
trict, in lieu of the present subdivision into election districts, viz.:

At Warrington's Store, thence in a westerly course by thechausing
farm of E. H. Warrington, thence over the branch by the farm o? ?hf twoeJS!
of J. Cannon to the junctions of the road; thence ni a northwest- Jyj^^^"^.
erly direction by the residence of T. Ward and J. Ward to the ^o^j'JV'siJ^jt
min stream of Ellis' Mills, over the stream to the main country county.
road leading from Laurel to Smith's Mills by Kings Church:
thence in a westerly course by a new road by the farm of E. C.
Gordy to the old State road; thence south down the old State road
to Mrs. H. Lynch; thence in a westerly course by the farm of E,
Ollephant and the farm of S. Hill to the main roaa leading from
Laurel to Delmar; thence in a northerly direction to the road
leading ta Bacon's Switch; thence in a westerly direction leading
to Bacon's Station, across the railroad, down the main country
road by Jonathan Rickards, by the farm of J. W. Rickards till it
strikes the road leading to Spring Hill; thence southerly to fork
of road near Ralph Store; thence in northerly direction to the
land of Charles Walson ; thence in a westerly course around said
land back; thence in a westerly direction to the main country-
road by William B. Rickards, S. P. Twilley and J. E. Twilley to
the comer of D. M. Philips^ thence in a westerly direction to
William Owens; thence in a southerly direction to A. R. Bradley:
thence in a westerly direction to a point of R. Twilley's farm.

Approved March 9j A. D. 1901.



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iS LAM'B OF DELAWAR£.

OF LIMITS.



CHAPTER II.

OF Limits.

An Act designatig the Voting Placer in the Election Dis-
tricts OF Representative District Number Five in Sussex
County.

Be it enacted by the Senate and House of RepresennJtatiTes of the Slate of
Delaware in General Assembly met :

Voling place of

Election Dis- Section I. That from and after this Act becomes a law everv

trict NO. I Oi . •

Representative general and special election held in the First Election District of
to be at or near the Fifth Representative District of Sussex County shall be held
iif lown^^f""* at or near the Laurel House in the town of Laurel.

laurel.

Voting piaceof And cvcry such election held in the Second Election District
SS^No. a of of the said Fifth Representative District of Sussex County shall
nfsukt N5!*r ^^ ^^^^^ ^^ ^^ "^^^ *^^ s^^^^ house of William L. Sirman in the

to be at or near -^^j^^ ^f rii»lmar

Store House of f^wn oi ueimar.

Wm. L. Sir-

jnan.Townof Approved March 9, A. D, 1901.



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UiWS OF DBLiWARE. I9

OF LIMITB.



CHAPTER 12. ^ ^

OF UMITB.

An Act to divide the Second Election District of the Tenth
Reprbsbntativb Dutbict of Sussex County into Two £l£( -
TioN Districts.

Be U enacted by the Senate and House of Representatives of the State of
Delaware in General Assembly met :

Section i. That for the purpose of holding elections for Kiectiou Di«-
Hundred, District, County and State oi&cers in wnat is now the Repre^ntHthx
Second Election District of the Tenth Representative District of ^/^'^JS^J^c'I)/''
Sussex County, the said Election District is hereby divided into two1^^tiiS
two Election Districts, as follows: By a line beginning at Broad* districts.
kiln Inlet at the entrance to the Delaware Bay; thence up Broad-
kiln Sound on a line of Broadkiln Hundred to Broadkiln River;