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HARVARD LAW SCHOOL
LIBRARY



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~e^c,. 'Q.'ji'icX stco^"^-^ c:

.^^ REVISED STATUTES^f

THE STATE OF DELAWARE,

—OF— .

EIGHTEEN HUNDRED AND FIFTY-TWO.

AS THEY HAVE SINCE BEEN AMENDED, TOGETHER WITH THE ADDITIONAL

LAWS OF A PUBLIC AND GENERAL NATURE, WHICH HAVE BEEN

ENACTED SINCE THE PUBLICATION OF THE REVISED

CODE OF EIGHTEEN FIFTY-TWO,

TO THE YEAR OF OUR LORD ONE THOUSAND EIGHT
HUNDRED AND NINETY-THREE;

TO WHICH ARE ADDED, THE

Constitutions of the United States and
of this State,

THE DECLARATION OF INDEPENDENCE,

— AND—

APPENDIX.



ARRANGED AND PUBLISHED BY AUTHORITY OF THE GENERAL ASSEMBLY.



WILMINGTON, DEL.

PRINTED BY THE MERCANTILE PRINTING COMPANY.

PUBLISHERS AND LAW PRINTERS,

1893. C .



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SEP 1 7 1907



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PREFACE.



The Greneral Assembly of the State of Delaware, on the 9th day of April,
A. D. 1891, adopted the following resolution, viz :

JOINT RESOLUTION RELATIVE TO THE PUBLICATION OF THE REVISED

CODE, AS AMENDED, WITH ADDITIONAL LAWS.
Raohed by the Senate and House of Representatives of the State of Delaware in General
Assembly fnet :

Tbat an edition of the laws of this State shall be published under the superintendence
of the Secretary of State, to consist of the laws in the Revised Code of said State as they have
since been amended or may be amended at the present session of the Legislature, together with sudi
additional laws of a public and general nature as have been enacted since the publication of said code,
and which may be enacted at the present session of the Legislature. In this edition the laws shall
be arranged nnder proper titles, and the classification of the chapters imder the different titles shall
correspond, as far as practicable, with the classification of the Revised Code. All acts and clauses
not in force shall be omitted, unless the publication is rendered necessary by connection with the other
matter. If there be in different acts a clause substantially the same, proper to be published, it
need not be published in relation to each act, but it may be connected with each by a statement.
Acts relating to particular counties, if of a permanent nature, and the same have heretofore been
printed, shall be published. Acts of incorporation, and other acts of a private nature, passed since
the publication of the Revised Code, even thoAigh sijch iicts have heretofore been printed, shall be
omitted, unless such acts conflict with, alter or amend the provisions of said Revised Code ; and, in
the latter case, such provisions shall be published as they are altered or amended. The said Secre-
tary of State shall have power to change the number of any chapter or section of said laws as now
paUished, whenever the said change is rendered necessary by the repeal or alteration of other sec-
tions cnr chapters, in order to make said chapters or sections follow each other in numerical order.
There shall "be an alphabetical index to the edition. The said edition shall be in octavo, and two
thousand copies shall be printed and bound.
Adopted at Dover y April 9, i8gi.

Under the direction of the Secretary of State, and in obedience to the re-
qairements of the provisions of said resolution, we proceeded to compile said
laws. On Febraary Ist, A. D. 1893, the said General Assembly adopted the
following resolution, viz :

JOINT RESOLUTION DIRECTING JAMES H. HUGHES AND ROBERT H. VAN
DYKE TO HAVE PUBLISHED THE REVISED CODE WHICH WAS PREPARED
\::sT>l£.^ THE DIRECTION OF THE LATE SECRETARY OF STATE.
Wheekas, by a joint resolution of the General Assembly of the State of Delaware, being Chapter
3460/ Volume 19 oi the Laws of Delaware, entitled "Joint Resolution relative to the publication
of the Revised Code, as amended, with additional laws," passed at Dover, April 9, 1891, the Secre-
tary of State was authorized to have prepared and published an edition of the laws of this State, con-
Ji<iing of the laws of the Revised Code of said State as they have since been amended, together
»Tth such additional laws of a public and general nature as have been enacted since the publication
(/said code;



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IV PREFACE.

And Whereas, David T. Marvel, Esq., then Secretary of State, did employ James H. Hughes
and Robert H. Van Dyke to assist in the preparation of said Revised Gxie as provided in said reso-
lution ;

And whereas, the said David T. Marvel, late Secretary of State, with the assistance of James
H. Hughes and Robert H. Van Dyke, has complied the said revision and it is now ready for publi-
cation ;

And whereas, the said David T. Marvel has been appointed Associate Judge of the Superior
Court of this State ; therefore,

Be it resolved by the Senate and House of Representatives of the State of Delaware in Gen-
eral Aesmidy met :

That the said James H. Hughes and Rjobert H. Van Dyke ahtU aad they are hereby authorized
to complete and publish the said revision of the laws of this State in the same manner as the said
Secretary of State by the aforesaid resolution was authorized to do.

Adopted at Dover, February /, i8gs-

We thereupon completed the same and submitted to the General Assembly
the following report, viz :

To the Honorable the Senate and House of Representatives of the State of Delaware in Gen-
eral Assembly met :

In pursuance of a Joint Resolution passed by the L^slature of this State, at its last session,
authorizing, directing and requiring the Secretaiy of State to publish an edition of the laws of this
State to consist of the laws in the Revised Gxie, as they have since been amended, together with
such additional laws of a general and public nature, as have been enacted since the publication of
the said Code, the said laws to be arranged imder proper tides, and the classificadon to correspond
as far as practicable with the classification of the Revised Code> and all Acts and clauses to be
omitted which are not in force, unless their publication is rendered necessary by connection with other
matter. And in pursuance of another Joint Resolution adopted at the present session of the Legis-
lature, recidng the fiEurt that the Secretary of State, who was authorized in the foregoing resolution to
publish said edition of the laws of this State, had been appointed Associate Judge, and authorizing
James H. Hughes and Robert H. Van Dyke to complete and publish said edition of laws, in the
same manner in which the said Secretary of State was authorized to do, we have carefully and with
great labor prepared such an edition in which all amendments to the difierent acts are incorporated
in the respective chapters which they amend. All acts of a general and public nature passed since
1874 are inserted as additional acts under the chapter of the Revised Code relating to the same sub-
jects as said additional acts.

We have followed closely the excellent and clear arrangement of the Chapters in the Code of 1874*
thus preserving with but one or two exceptions the same numerical order of chapters that we have
been so long accustomed to in the previous codifications of our laws. When a chapter of the Code
has been repealed the number of such chapter, omitting the repealed law, has been stated, and the
chapter by which it has been repealed inserted. In case such chapter has been supplied by a subse-
quent Act, such subsequent Act is inserted after such number and statement of repeal as an addi-
tional act. Subsequent acts passed, in relation to the same subject as any chapter of the said Code,
not repealing the same, but an addition to such chapter, have been inserted after such chapter of the
Code, as additional acts thereto^ Such additional acts are to be printed either in small type or placed
in parenthesis, in order that they may be distinguished at a glance.

By this method the different laws are arranged under tides stricUy according to the classification of
the Code in obedience to the provisions of the resolution, and the additional acts are preserved in
the purity of their original text. In case of necessity the reader can refer to tiie original volumes of
the Laws, as he is aided in the margin to find the amendatory chapters, whilst the additional acts
retain the date of passage, chapter and volume in which said act was originally published.



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PltEFAC£» V

In onmrtlmg tke acts passed since Uie adoption of the last Gxle, any of said acts which have been,
repealed fay sabaeqnent acts« have been omitted, together with the rq)ealing acts, provided such re-
pealing acts contained nothing mere than such repeals ; but if such repealing acts contained other
jKovisions additional to the Code, or if such acts supplied such repealed chapters, such additional
acts are inserted as additions to such chapters, or in lieu thereofl

The genend plan of the publication will be similar to the last Code, and this revision does not
need to be re-enacted as it is the law as it already exists. There has been no change made in word
or phrase. We have indicated by marginal references the ch^)ter and volume from which each addi*
tion or substitution is taken.

We would recommend that the laws relating to the subjects of « Strays," and ** Fish, 03rster and
Game" be repealed and suf^lied so far as possible by acts embracing the substance of the legislation
on the subjects, thus greatly abtureviating the titles under which these subjects are embraced and
greatly abbreviating this publication. We would also suggest that we either be given the authority
to <mit from this publication the acts in the last Code and in the volumes subsequent thereto, relating
exclusively to the **City of Wilmington," as is legislation relating to other cities and towns, or that the
! be revised and consolidated by an act repealing and supplying the present acts relating to the



If these suggestions are acted upon, the new publication will exceed but litde, if any, the volume
of the Code of 1874,

We would further respectfully suggest that the laws of this session be also incorporated in this le-
visi0ii» mt the adjournment of the l^;islature, and that provision be made to defray the expenses of
pcintiDg and Innding this revision.

JAMES H. HUGHES,
ROBERT H. VAN DYKE.

The above report, together with the compilation of the laws, was referred
to a joint committee consisting of Hons. James Williams, "William T.
Recortte and John Pilling, on the part of the Senate, and Hons. William
Saulsbniy, Horace J. Hickman, Columbus Watkins, Jas. H. S. Gam and
Wniiam K Hall, on the part of the House of Representatives. After a
thorough examination and inspection of the work the said committee offered
the following report:

7> U^ Sinaie tmd Homt of R^esentatives of the State of Delaware, in General Assembly
met:

The ']dint committee, to whom was referred the report of James H. Hughes and Robert H. Van
DHw, submittin"^ the compilation of the Revised Gxie prepared by them, would report, that we
have had the said report and compilation under consideration, and after examination of the latter
fcrve arrived at the conclosion that the said work has been well and correctly executed, and beg
leave to present for consideration the following resolution :

JAMES WILLIAMS,
W. T. RECORDS,
JOHN PILLING,

Committee on the part of the Senate,

WM. SAULSBURY,
HORACE J. HICKMAN,
C. WATKINS,
JAS. H. S. GAM,
WM. E. HALL,
Committee on the part of the House of Representatives.



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VI PREFACE.

JOINT RESOLUTION IN RELATION TO THE PUBLICATION OF THE REVISED

CODE, AS AMENDED, TOGETHER WITH THE ADDITIONAL LAWS.
Resolved by the Senate and Hmise of Representatives of the State of Delaware in General

Assembly met:

That James H. Hughes and Robert H. Van Dyke be and they are hereby authorized and
directed to have printed and bound the edition of the laws of this State, consisting of the laws in
the Revised Code as published in 1874 as they have since been amended, together with the addi-
tfbnal laws of a public and general nature enacted since the publication of said code, which they
have prepared for publication in obedience to the requirements of Chapter 346, Volume 19 of the
Laws of Delaware and of a Joint Resolution of this General Assembly, adopted at Dover, February
I, 1893, incorporating the amendments and additional acts of a public and general nature enacted at
the present session of the Legislature in said edition before publishing the same.

Resolved y that the said James H. Hughes and Robert H. Van Dyke shall advertise in three issues
of three newspapers published in this State for proposals for printing three thousand copies of the
said edition of the laws, and shall accept the lowest and most advantageous proposal. When the
same shall have been printed and approved they shall have bound two thousand copies thereof ; and
when the same are bound and accepted as satisfactorily done, they shall certify to the Governor the
sum due for the said advertising, printing and binding, stating the price, pages and all items of
chaise. Upon the receipt of said certificate the Governor is hereby authorized to draw an order on
the State Treasurer for the payment of the amounts due for said advertising, printing and binding.

Resolvedy that the imbound copies shall be preserved for future use, and that the copies bound as
hereinbefore provided shall be distributed as follows : one to the President of the United States ; one
to each department of the general government ; two to the Library of Congress ; one to Delaware
College ; one to the Historical Society of Delaware ; one to the executive of each of the United
States ; one to each judge of this State ; one to each of the following officers in each coimty for the
use of their respective offices, viz : register of wills, clerk of the Orphans' Court, prothonotarj',
slieriflf, clerk of the peace, recorder of deeds, and one to each member of the present General Assem-
bly ; and the remainder shall be distributed among the respective counties as follows : eight hundred
to New Castle county, and the remainder equally between the other two counties, to be placed with
the prothonotaries of the said counties to be sold by them at three dollars per copy, and the said
prothonotaries, after deducting five per centum for their services, shall pay over the proceeds thereof
to the State Treasurer quarterly.

When all the said bound copies are disposed of, the said James H. Hughes and Robert H. Van
Dyke shall cause the remainmg copies printed and not boimd, to be bound and distributed to the
said prothonotaries in the same proportion, to be sold by them and returns of the sale of the same
to be made as aforesaid. The expenses of said binding shall be paid as hereinbefore provided. .
Resolved,, that when the said edition of laws is printed, and the said two thousand copies are
bound as aforesaid, the Governor be and he is hereby authorized to draw an order on the State Treas-
urer, payable to the said James H. Hughes and Robert H. Van Dyke, for the sum of twelve hundred
and fifty dollars each, for their services in preparing, indexing and superintending the publication of
said edition of the laws, and that the sum of twenty-five hundred dollars be and the same is hereby
appropriated for that purpose out of any moneys in the treasury not otherwise appropriated.

Adopted at Dover, April 6, i8gj.

As required by the said resolution we advertised for proposals for printing
and binding the said edition. All amendments and additional acts of a
general and public nature passed at the last session of the Lagislature have
been incorporated in their jM-oper places, and the work thus completed and
published is now ready for the public. The general system of the compilation
is the same as that of the Code of 1874, we having retained the same headings



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PREFACE. VI I

and chapter numbers, thereby preserving the familiar arrangement of the pre-
vious Codes. The charter of the City of Wilmington and amendments
thereto, being of no more interest to the general public than the charters of
other incorporated towns, and having been revised and published this present
year under the direction of the City Council of that city, has therefore been
omitted from this edition. Under authority of the foregoing resolutions we
have omitted all sections or paragraphs that have become inoperative by limita-
tion of time or the performance of the acts therein required. Such omissions
are indicated by stars without side notes. Portions specifically stricken out
by acts of Assembly are indicated by stars and side notes. All specific
amendments are inclosed by brackets with side references indicating the chap-
ter and volume where the same is to be found. Chapter 44, heretofore relat-
ing to St. Mary's Coll^, whose charter has expired and was omitted in the
Code of 1874, has been appropriated to the " Collie for Colored Students."
Other acts not properly belonging under any of the old heads have been put
under sub-headings at the ends of chapters most similar to their provisions, or
under the head of miscellaneous at the end of Chapter 1 33. Under the head
of schools we have omitted synopsis of the titles of acts of a special nature as
being of no interest or advantage to the general public, and not proper to be
published in a work of this nature. For a like reason we have omitted the
synopsis of the charters of banks, canals, railroads, turnpikes and toll-bridges.

JAMES H. HUGHES,
ROBERT H. VAN DYKE.
Dover, Del,., September 25, 1893.



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ANALYSIS



OF tHE



Titles and Chapters of the Revised Code,

AS AjUIEHDED, WIT0 ADDlTIOJlAk kAWS.



TITLE FIRST.

or THE JUKISDICTION AND PROPERTY OF THE STATE; ITS LEGISLATION AND LAWS.



ERRATA.



On page xxxii, side note at bottom of page should be Chap. 541,
vol. 19, instead of vol. 9.

On page 75, Chap. 486 is from vol. 15, instead of vol. 18.
On page 970, Chap. 234, is from vol. 17, instead of vol. 19.
On page 283, Chap. 469, is from vol. 18, instead of vol. 8.



1 1 i LjCi OCj\^\^X^ i-r.

or THE PUBLIC REVENUE ; A^rD THE ASSESSMENT. COLLECTION AND APPROPRIATION

OF TAXES.

Chapter 7. Of the Revenues of the State. Chap. 310, vol. i6; Chap. 458, voL 12 ; Chap.

438, vol. 15; Chap. 367, vol. 14; Chap. 392, vol. 13; Chap. 368,

vol 14; Oiap. 7, vol. 18 ; Chap. 393, vol. 13 ; Chap. 117, vol. 13; Chap.

38, voL 17; Chap. 1 8, vol. 14; Chap. 23, vol. 19; Chap. 390, voL 13;

Chap. II, vol 15; Chap. 247, vol. 18; Chap. 460, vol. 18; Chap. 461,

vol. 18 ; Chap. 486, vol. 15 45

Chapter 8. Of the Levy Court Chap. 508, vol. 12; Chap. 9, vol. 16; Chap. 316, vol.

16; Chap. 17, vol. 17; Chap. 18, vol. 17; Chap. 699, vol. 18; Chap.

a6, vol. 19 ; Chap. 27, vol. 19 77

Chapter 9. Of Clerk of the Peace. Chap. 21, vol. 17; Chap. 38, vol. 14 100



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ANALYSIS.



Chapter io. Of Assessors. Chap. 320, vol. 16 ; Chap. 566, vol. 19

Chapter II. Of valuation of property. Chap. 241, vol. 18

Chapter 12. Of Collectors. Chap. 372, vol. 14; Chap. 17, vol. 15 ; Chap. 570, vol. 19;
Chap. 571, vol. 19; Chap. 342, vol. 15 ; Chap. 23, vol. 17; Chap. 476,
vol. 15

Chapter 13. Of County Treasurer

Chapter 14. Of Treasurers of the Poor. Chap. 643, vol. 19



TITLE THIRD.

OF THE PUBLIC ARMS AND DEFENCE.
Chapter 15. Chap. 25, vol. 17; Chap. 35, vol. 19



Chapter 16.

Chapter 17.
Chapter 18.

Chapter 19.
Chapter 20.
Chapter 21.
Chapter 22.
Chapter 23.



131



TITLE FOURTH.

OF ELECTIONS.

General Provisions. Chaps. 487 and 491, vol. 12; Chap. 396, vol. 13; Chap.

329, vol. 16; Chap. 575, vol. 19; Chap. 326, vol. 12; Chap. 21, vol. 18 140

Of the election of Assessors and Inspectors. Chaps. 29 and 30, vol. 17 . . 154
Of the general election. Chap. 21, vol. 15 ; Chap. 467, vol. 18 ; Chap. 547,

vol. 19; Chaps. 37 and 38, vol. 19 159

Of elections in Wilmington hundred. Chaps. 39 and 45, vol. 19 200

Of elections of electors of President and Vice-President 220

Of election of Representatives in Congress 222

Of election of United States Senators 224

Of contested elections. Chap. 33, vol. 17 ; Chap. 22, vol. 18 226



TITLE FIFTH.

OF CERTAIN PUBLIC OFFICERS.

Chapter 24. General provisions. Chaps. 42 and 383, vol. 14 234

Chapter 25. Of Salaries. Chaps. 124 and 5, vol. 13 ; Chap. 434, vol. 17 ; Chap. 400,

vol. 13; Chap. 149, vol. 16; Chap. 36 and 376, vol. 14 240

Chapter 26. Of the Greneral Assembly. Chap. 577, vol. 19 243

Chapter 27. Of the Governor 244

Chapter 28. Of the Secretary of State. Chap. 35, vol. 17 ; Chap. 476, vol. 18 .... 245
Chapter 29, Of the State Treasurer and Trustee of the School Fund. Chap. 40, vol. 14 ;

Chap. 435» vol. 17 248

Chapter 30. Of the Auditor. Chap. 474, vol. 18 252

Chapter 31. Of the Attorney General. Chap. 378, vol. 14 ; Chap. 332, vol. 16 ... . 257

Chapter 32. Of Sheriffs 259

Chapter 33. Of Coroners. Chap. 148, vol. 16; Chap. 224, vol. 17 261

Chapter 34. Of Constables. Chap. 405, vol. ii ; Chap. 15, vol. 16; Chap. 544, vol. 11 ;

Chaps. 29, 42, 105 and 258, vol. 12 ; Chaps. 10 and ii, vol. 13; Chap.

26, vol. 14 ; Chap. 25, vol. 15 ; Chaps. 31 and 380, vol. 14; Chap. 23,

vol. 15 ; Chaps. 333 and 334, vol. 16; Chaps. 14, 40 and 41, vol. 17 ; Chap.

478, vol. 18 ; Chaps. 46 and 583, vol. 19 266

Chapter 35. Of Recorder of Deeds. Chap, no, vol. 12 276

Chapter 36. Of Notaries Public and Coimnissioners of Deeds. Chaps. 461 and 578, vol.

II ; Chaps. 48, 252 and 264, vol. 12 ; Chaps. 9, 405, 406, 407 and 408,