Delaware.

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

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of the Peace with a warrant thereto annexed.

Section 5. That this Act shall repeal all laws or parts of
laws in so far as inconsistent herewith and be deemed and taken
to be a public Act.



Approved March 24, A, D. igoj.



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LAWS OF DELAWARE. 583

OF THE LEVY COURT.

CHAPTER 278.

of the levy court.

An Act in relation to the bonding of certain officers in
Sussex County.

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

Section i. That every Trustee of the Poor and Overseers Tru8te«s of the
of the Road in Sussex County, shall, before entering upon the^i'Sfth?^**^"
duties of his office, give bond to the State of Delaware, with at county"io"Sve
least two Sureties to be approved by the Levy Court, in the*^"***
penal sum of two hundred dollars, with conditions as follows,
viz. :

"The condition of the above obligation is such, that if the
above named , who is Form of bond.

in Sussex County, shall diligently and faithfully
perform the duties incumbent upon him as such
then the said obligation shall be void."

To this obligation shall be subjoined a warrant of Attorney
to confess judgment thereon.

Approved March 24, A, D, igoj.



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584 LAWS OF DELAWARE.

OF THE LEVY COURT.



CHAPTER 279.

An Act to amend Chapter 54, Volume 22, Laws of Dela-
ware, ENTITLED "An AcT RE-ORGANIZING THE LeVY CoURT

of Sussex County and defining its powers and duties,"

BY increasing THE COMPENSATION OF THE MEMBERS OF

SAID Court.

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

tots Le^T"" Section i. That Section 5 of Chapter 54, Volume 22, of the
coSm?^ncr«S J-Aws of Delaware, entitled "An Act reorganizing the Levy
^- Court of Sussex County and defining its powers and duties,** be

and the same is hereby amended by striking out in the forty-
sixth line of said Section 5, the following words and figures "two
hundred dollars ($200.00)," and inserting in lieu thereof the fol-
lowing, "three hundred dollars ($300.00);" also further amend
said Section 5 of said Chapter and Volume by striking out the
word "fifty" in the forty-sixth line of said Section and inserting
in lieu thereof the word "seventy-five."

Section 2. That the provisions of this Act shall become
operative immediately upon its approval by the Governor.

Approved March 24^ A, D, igoj.



CHAPTER 280.

of the levy court.

An Act to amend Chapter 56, Volume 22, Laws of Dela-
ware, ENTITLED "An AcT IN RELATION THE TO COLLEC-
TION OF Taxes for Sussex County."

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

•Section i. That the whole of Section 3 of Chapter 56, Vol-
ume 22, Laws of Delaware, entitled "An Act in relation to the



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LAWS OF DELAWARE. 5^5

OF THE LEVY COURT.

collection of taxes for Sussex County," be stricken out and the
following section, to be known as Section 3, be substituted in
lieu thereof:

"Section 2. That the compensation, or fees, of the said Fees of Coi-
CoUectors of Taxes as aforesaid shall not be more than five in Sussex
per centum upon all taxes collected before the first day of^*^""*'^'
December and eight per centum on all taxes paid after the first
day of December."

Section 3. That all Acts or parts of Acts inconsistent with
this Act are hereby repealed.

Approved March 24^ A, D. igoj.



CHAPTER 2»i.

OF CLERK OF THE PEACE.

An Act to Amend Chapter IX, of the Revised Code of
1893, said Chapter being entitled "Clerk of the
Peace", by providing that persons applying for mar-
riage licenses shall not be required to give bond to
THE State.

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

Section i. That Chapter IX of the Revised Code of 1893, LjJSJsl^bond
entitled "Clerk of the Peace," be^and the same is hereby amend- for, repealed.
ed by striking out in Section 16 of said Chapter all of said Sec-
tion immediately following the word "law," the said word "law"
being the last word in the first paragraph of said Section 16.

Approved April y, A. D. igoj.



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586 LAWS OF DELAWARE.

OF ASSESSORS.



CHAPTER 282.

of assessors. ,

An Act to further amend Chapter 30, Section 6, Volume
17, Laws of Delaware, as amended by Chapter 27,
Section 6, Volume 21, Laws of Delaware.

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

Section i. That Chapter 30, Section 6, Volume 17, Laws

of Delaware, as amended by Chapter 27, Section 6, Volume 21,

Ass«sors in Laws of Delaware, be further amended by striking out all of

the City of Wil- ,. .,f>. . ,. . .*. « *, «.,,

mingtontore- this said Sectiou and inserting m lieu thereof the following:

ceive |8oo as

Snum!^'^ Section 2. That each and every Assessor of each Assess-

ment District in Wilmington Hundred, from and after the pas-
sage of this Act, shall receive the following compensation or sal-
ary as said Assessor the sum of Eight Hundred Dollars per year,
payable quarterly by the Levy Court Commissioners of New
Castle County.

Section 3. That this Act shall take effect immediately.

Section 4.That this Act shall be deemed and taken to be a
public Act.

Section 5. That all Acts or parts of Acts inconsistent with
the provisions of this Act are hereby repealed.

Approved March //, A. D. igoj.



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LAWS OF DELAWARE. ' 5^7

OK ASSESSORS.



CHAPTER 283.

OF ASSESSORS.

J^s Act in relation to the reassessment of the persons

AND property IN NaNTICOKE HUNDRED, SuSSEX CoUNTY,

Delaware.

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

Section i. That within thirty days after the passage ^ind AM«sor^of
approval of this Act the Assessor of Nanticoke Hundred, Sussex Hundred to
County, be and he is hereby authorized and directed to make SScMmeni.
a general assessment of all the assessable property within the
first election district of the first Representative District of Sus-
sex County and the first election district of the third Representa-
tive District of Sussex County, which general assessment shall
stand and be acted on until the next general assessment in i90S,^^^{Sf^^°
in which year and ever}- four years thereafter a like general
assessment shall be made for the two said election districts by the
assessor elected for Nanticoke Hundred. That within ten days
after such general assessment in said two election districts the
said assessor shall post in five of the most public places in each of t^^JSJJd."'*
said election districts, an alphabetic list of the names of persons
assessed in that District, with the separate sums of their real, per-
sonal and capitation tax and the aggregate amount, and at the
same time and place and in the same manner he shall give notice
that he will attend at a central place in said Hundred, named in Notice of
said notice, within twenty days after the making such general
assessment from lo o'clock A. M. to 5 o'clock P. M. to correct
any errors therein or for the purpose of assessing persons
omitted.

That such assessor shall return his said assessments to the ^^sm«rt to
May Term of the said Levy Court, which said Term is hereby May Term of
contituted £or the assessment hereinbefore provided a Court *^^^
of Appeals, subject to the same powers and duties imposed upon
said Levy Court in respect to the quadrennial assessment of per-
sons and property.

Appro7^d March 24, A, D, igoj.



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588 LAWS OF DELAWARE.



TITLE THIRD.

Of the Public Arms and Defence.



CHAPTER 284.
of the public arms and defence.

An Act to amend Chapter 393, Volume 20, Laws of Del-
aware, ENTITLED "An AcT TO PROVIDE FOR THE MAIN-
tenance, discipline and regulation of the national
Guard of Delaware."

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

Section i. Tliat said Act be and the same is hereby
amended as follows:

National Guard First By Striking out Section 2, and inserting in lieu thereof
oIS"^iSem**of ^^ Delaware shall consist of one regiment of infantry, composed
p^*ies*^**"*' ^^ ^^^ more than eight companies, with one band or drum corps,
and such other detachments as may be necessary for the com-
pletion of the organization, to be officered, uniformed, armed
and equipped as hereinafter provided, and to be stationed as the
Not to exceed Commandcr-in-Qiief may designate; provided, that the force
offi^rsand shall not cxcccd nine hundred and seventy-five officers and men;
"^"' and provided, further, that the Governor, as Commander-in-

Chief, shall have power in case of war, invasion, insurrection,,
riot or imminent danger thereof, to mcrease said force and or-
ganize the same as the exigencies of the case may require, which
Ma^ be increaa- increase shall be disbanded as soon as the emergency ceases to

ed in war by • ^

Governor. tA.*ai.

Second. By striking out Section 3, and inserting in lieu



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LAWS or DELAWARE. 589

OF THE PUBLIC ARMS AND DEFENCE.

thereof the following: "Section 3, each infantry company shall

consist of one captain, one first lieutenant, one second lieutenant, composition oi

one first sergeant, one quartermaster sergeant, four duty ser-***^*"*^**"^"^*

geants, six corporals, two musicians, one artificer, two cooks,

and not more than forty-eight privates, minimum thirty enlisted

men. Each infantry band shall consist of one chief musician,

one principal musician, one drum-major, who shall have the raijjc

of a first sergeant, four sergeants, eight corporals, one cook, and

twelve privates."

Third. By striking out Section 4.

Fourth. By striking out Section 5, and inserting in lieu
thereof the following: "Section 5, each regiment of infantry shall composition of
consist of one colonel, one lieutenant colonel, three majors, one * ^*«»"»«"**
surgeon, with the rank of major, one chaplain, with the rank of
captain, one adjutant, (an extra captain), one judge advocate,
(an extra captain), one assistant surgeon (with rank of captain),
one quartermaster, (an extra captain), one commissary of sub-
sistence, (an extra captain), one insipector of rifle practice, (an
extra lieutenant), three battalion adjutants, (extra first lieuten-
ants), one sergeant-major, one quartermaster-sergeant, one com-
missary sergeant, two hospital stewards, two color sergeants,
three battalion sergeant majors, and not less than six nor more
than eight companies; provided, that if the companies of any reg-
iment shall be from any cause reduced below the minimum num-
ber, those remaining shall be formed into a battalion and offi-
cered as the Commander-in-Chief may designate."

Fifth. By striking out Section 18, and inserting in lieu
thereof the following: "Section 'iS, The Commander-in-Chief commander in
shall appoint a Board of Examiners, to be composed of three Board of ^-"
commissioned officers, one of whom must be a surgeon, whose *"**"*"'
duty it shall be to examine into and report upon the qualifica-
tions, physical and mental, of all applicants for commission in
the National Guard of Delaware, who may be ordered before
the board for examination, and no commission shall be granted
to the person so ordered before the board until the applicant
shall have passed a satisfactory examination before the said
board, provided that any applicant who shall have failed to
pass a satisfactory examination, shall not be eligible for election
to the office for which he was an applicant, until after the expira-
tion of twelve months from the date of his examination."
4



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590



LAWS OF DELAWARE.



OF THE PUBLIC ARMS ANI> DEFENCE.



Fines to be im-
posed by court
martial.



Neglect to pay.
Penalty.
Collection o'f.



Arms and
equipments to
be deposited in
Armories when
commanded.



Failure to obey
order.



Conviction.



Penally.



Sixth. By striking out Section 30, and inserting in lieu there-
of the following: '^Section 30, the fines provided for by Section
29 of this Act, and all other fines, shall be imposed by a court
martial or a summary court. Upon the finding of any such court
martial or summary court imposing any of said fines, and upon
the approval of the finding by the officer appointing said courts,
the fine or fines so imposed, shall be and become at once payable;
a!id in case any officer or enlisted man upon whom a fine has
been imposed in accordance with the provisions of this Section,
shall fail, refuse or neglect to pay the fine so imposed upon
him, within ten days after he shall have been notified thereof,
the said fine may be collected in the name of the State, before
any Justice of the Peace in the county or city where the delin-
quent resides, in the same manner as other fines for offenses
against the general police regulations of the State are collected,
upon the certificate in writing of the proper officer, setting forth
the finding of the court martial or summary court, and his ap-
proval thereof."

Seventh. By striking out Section 33, and inserting in lieu
thereof the following: "Section 33, All arms, equipments or other
property furnished to organizations of the National Guard of
Delaware, shall, when required by the Adjutant General, the
commanding officer of the company, or commanding officer of
the regiment to which said, company belongs, or by the com-
manding officer of any detachment thereof, be deposited in the
armory of said company, regiment or detachment, and any per-
son to whom such property was issued, failing to deposit as
aforesaid any article of such property unless properly accounted
for within ten days after he shall have been notified, by written
notice from the commanding officer as aforesaid, to return it to
the armory, shall, upon conviction thereof by the Court of Gen-
eral Sessions of this State, be adjudged guilty of a misdemeanor,
and shall be punished by a fine not exceeding double the value
of the property thus illegally detained, or shall be imprisoned for
not less than two weeks nor more than two months, or both.
Provided further, that, when any arms, equipments or other
property furnished to organizations of the National Guard of
Delaware, are lost or damaged by the act or neglect of any officer
or enlisted man, deduction may be made to the lamount of such
loss or damage, from any pay or allowance that may be or be-
come due, under the provisions of this Act, to such officer or
enlisted man."



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LAWS OF DELAWARE. Jgf

OF THE PUBLIC ARMS AND DEFENCE.

Eighth. By striking out Section 40, and inserting in lieu
thereof the following: "Section 40, All fines and penalties im-
posed and collected through the sentence of courts martial or Fines to be
summary courts shall be paid into the State Treasury; and any S^rl^Sre?**
State Detective, Sheriff or G>nstable neglecting or refusing to Refusal to ex-
execute any process, or to make proper return of all fines col- S^pJcSS^
Icted, shall, upon conviction thereof by the Court of General SSSSSiS"**"
Sessions of this State, be adjudged guilty of a misdemeanor, and
shall be punished by a fine of one hundred dollars for each of- Penalty,
fense for the use of the State."

Ninth. By striking out Section 41, and inserting in lieii
thereof the following: "Section 41, any officer or soldier failing Failure to obey
to appear upon any occasion of duty, to which he shall be or- SJ co?A ***^***
dered by his proper commanding officer, shall be subject to a™**^***-
trial by court martial, and upon conviction, he shall be sentenced
to pay such fine, or undergo such other lawful punishment, as
such court martial may direct. That hereafter in time of peace
all enlisted men charged with offenses now cognizable by garri-
son or regimental courts martial, may be brought before a sum- Summary
mary court, which shall consist of the line officer second in rank Howcomposed.
at the post or station, or of the command of the alleged offender,
and at stations where only officers of the staff are on duity, the
officer second in rank shall constitute such court. The forms,
practice and procedure in all courts martial and summary courts,
shall be adopted and conducted as in similar tribunal in the
United States Army, unless altered, amended or modified, from
time to time, by orders from the Commander-in-Chief."

Tenth. By striking out Section 42, and inserting in lieu
thereof the following: "Section 42, when it may be necessary
to use any military force for public defense against foreign or
domestic violence, or to preserve the public peace, the Gov- Powers 01
emor, as Commander-in-Chief, shall have power according to commLnder ia
the emergency, to call out any regiment, battalion, company, or ^^^^^'
any part thereof, for that purpose. For every day's service while
on such duty, each private shall receive one dollar and fifty cents;
each corporal one dollar and seventy-five cents; each duty ser-
geant two dollars; each non-commissioned staff and first ser-
geant, battalion sergeant, major, drum-major, and principal mu-
sician, two dollars and fifty cents; the chief musician, three dol- Pay for service,
lars, besides necessary expenses; and each commissioned officer
the minimum pay and allowance of officers of like grade in the



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S99 K^WS OF DELAWARE.

OF THE PUBLIC ARMS AND DEFENCE.

United States Army. To be paid by the State Treasurer from
to^ytipm"^^^y nioneys not otherwise appropriated, upon warrants issued
]2ISS^aif't**^«'of by the Adjutant General, and countersigned by the
' State Mflitary Board."

Eleventh. By striking out Section 48, and inserting in lieu
Rcffinoita] thereof the following: ''Section 48, the regimental band or drum
**"**■ corps shall receive, if found upon examination by the Military

Board to be up to the proper standard of numbers, drill and
Amoont of pfty. discipline, the sum of Three Hundred Dollars annually, and
regimental headquarters the sum of one hundred and fifty dol-
lars annually, upon a warrant drawn by the Adjutant General
to the order of the regimental commander."

Twelfth. By striking out Section 49, and inserting in lieu
Pay of com- thereof the following: "Section 49, there shall be paid for each
3JJJ2*for commissioned officer for each day's attendance for duty at field
^dprmctice. practice Or review, and to each non-commissioned officer, mu-
siciain and private, present for duty, the pay and allowance as
provided for in Section 42 of this Act. And for the purpose of
providing for annual field practice of the National Guard of
Delaware, a sum of money, not exceeding the sum of Eight
i?K3!?***** Thousand Dollars is hereby appropriated annually, and the State
Treasurer is hereby authorized and directed to pay the warrant
of the Adjutant General when countersigned by the State Mil-
itary Board for that amount."

Thirteenth. By striking out Section 52, and inserting in lieu
AU bins to be thereof the following: "Section 52, no bill or allowance authorized
lSSi'p«id?y" ^y *^^ provisions of this Act, shall be approved and paid by the
State Trew- State Treasurer, unless the said bill or allowance is itemized and
its contents duly sworn to or affirmed before an officer authorized
by law to administer oaths or affirmations, provided, however,
that the Adjutant General shall be permitted to draw his warrant
on the State Treasurer, properly indorsed by the State Military
Board to pay current expenses.

Approved March l6y A. D. igoj.



urer.



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LAWS OF DELAWARE.



593



TITLE FOURTH.

Of Elections.



CHAPTER 285.

general provisions.

An Act to amend Chapter 393 of Volume 20, Laws of
Delaware, the same being "An Act to provide for

THE PURITY OF PRIMARY ELECTIONS ON* NeW CaSTLE

County," giving the right to all qualified voters at
THE General Election to vote at the subsequent
Municipal Primary Election in the City of Wil-
mington.

Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, {two-thirds
of each branch concurring) :

Section i. That Section 18, Chapter 393, of Volume 20,
Laws of Delaware, be and the same is hereby amended by
striking out all of said Section after the number "18" in the first
line, and inserting in lieu thereof the following:

That the time for holding any primary election shall be after Time for how-
the first day of registration in the month of August, for the en- Swrtlo"*''^
suing general election, and the time for holding primary elec-
tions in the City of Wilmington to nominate candidates to be
voted for at a municipal election shall be in the month of May
after the day for the- revision of-tlwregistration of voters. The
time for the revision of the registration of voters in the city of Revision ot
Wilmington for Municipal elections shall be and the same is here- '^'*'*'»^-

•Printed as enrolled.



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594 LAWS OF DELAWARE.

GENERAL PROVISIONS.

by made the fourth Saturday previous to the day set for holding
Dcpartmcat of the election for municipal officers in the said city. The mem-
*'"*' bcrs of the Department of Elections for the ,City of Wilmington,
DBtiM of. m addition to the duties now required of them by law, shall de-
mand of the Clerk of the Peace of New Castle County between
the fifth and tenth of April of any year in which a municipal elec-
tion is held, and it shall be the duty of the said Clerk of the
Peace, to deliver to the said Department of Ejections for the
City of Wilmington, within two days after said demand, the orig-
inal "Voting Books of Qualified Voters" and "Registers" for all
the election districts in the City of Wilmington; and it shall be
the duty of the Department of Elections for the City of Wilming-
ton to revise and prepare the "Voting Books of Qualified Vot-
JiSiiScfpiii** ^^^" ^^ provided for General Elections, and all persons and only
primary eie(^ they whose names appear on the said "Voting Books of Qualified
Voters" shall be entitled to vote at a primary election to nomi-
nate candidates to be voted for at the subsequent municipal elec-
tion in the City of Wilmington, nor shall any person whose name
is on the said "Voting Books of Qualified Voters" be disqualified
from voting at the municipal election or be compelled to re-reg-
ister because of the fact that he failed to vote at the previous
SrroUs ^'**^* general election. The time for opening the polls for the purpose
of conducting the primary election under the provisions of this
Ti f r loB- ^^^ ^^^^^ ^^ ^^^ o'clock in the afternoon, and the time for clos-
ing, ing the polls at such primary election shall be seven o'clock
in the evening.

Section 2. That Section i8, Chapter 393, of Volume 20,
Laws of Delaware, be and the same is hereby amended by striking
out of said Section after the number "19" in the first line of said
Section, and inserting in lieu thereof the following:

Notice of desire "That whenever a political party, organization or associa-

deculwi^"'"*'^ tion desires to hold a primary election for the purpose mentioned

in Section 2 of Chapter 393, the chairman or secretary of the

regularly organized and constituted county or city committee or

Chairman or " . ,. . , ,.., . •.•

Secreuryof governing authority of such political party, organization or asso-
tonod^ '*'*'' elation, shall notify by letter the respective parties having the cus-
vou?^* BS>ks. tody of the "Voting Books of Qualified Voters for Primary Elec-
*^- tions" or the "Voting Books of Qualified Voters" in this Act and

in Chapter 393, Volume 20, Laws of Delaware, provided, of their
intention of holding a Primary election, stating the day on which



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LAWS OF DELAWARE. 595

GENERAL PROVISIONS.

they desire the election held, which notification shall be at least Notificaiion-

, . «.!.«,«. f . t • *^o weeks prior

two weeks prior to the time for holding such primary election, to election.
If no previous notice shall have been received by the said par-
ties from no other political party of its intention to hold a prim-
ary election on that day, the said party shall, on or before twelve
o'clock of the day for holding such primary elections for that
political party, organization or association, deliver the two "Vot- R*H^n^.
ing Books of Qualified Voters for Primary Elections" provided



Online LibraryDelawareAt a General Assembly begun at Dover, in the Delaware State, ... the following Acts were passed .. → online text (page 47 of 91)