СНАР. LXXXIIL 1801 Bridge over a public toll bridge. tinuance, and but just and right that the public expences of the county should be thereby lessened. SECT. 1. Be it enacted by the Senate and House Naaman's creek of Representatives of the State of Delaware, in General Assembly met, That from and after the first day of May next, the bridge across Naaman's creek, in the county of New-Castle, on the State road leading from the borough of Wilmington to the city of Philadelphia, shall be deemed, held and taken, and the same is hereby declared to be a public toll-bridge, for the passing and repassing whereof, the rates of toll or pontage hereinafter prescribed and set forth, shall be payable to and for the uses hereafter mentioned. Commissioners of the Levy a collector. SECT. 2. And be it enacted, That the commissioners of the Levy court and Court of appeal be, court to appoint and they are her by authorized, empowered and directed at their meeting in February next, and annually thereafter, to nominate and appoint some suitable person for the purpose of collecting and receiving the rates of toll or pontage hereinafter prescribed; and the person so appointed, shall as soon thereafter as he conveniently can, and before he enters upon the duties of his said appointment, To give bond, give bond with one or more sufficient sureties, with a warrant of attorney annexed thereto, to confess judgment in the penalty of four thousand dollars to the treasurer of the said county of NewCastle, conditioned for the true and faithful performance of the duties reposed in him as collector and receiver of the tolls of the said bridge, and that he will render a true and perfect account, verified by his oath, to the said commissioners of the Levy court and Court of appeal,at their annual session, of all and every sums or sum of money which shall come to his hands or possession as collector 1 and receiver of the said tolls, and the same, or the balance thereof (after a reasonable allowance there. out for the time and trouble of collecting and receiving the same) shall and will faithfully and truly discharge and pay into the hands of the said treasurer. CHAP. LXXXIII. 1801 SECT. 3. And be it enacted, That the person who Rates of toll shall be appointed aforesaid collector and receiver of the tolls of the said bridge, under the regulations of this act, shall take and receive for toll or pontage over the same, the rate and prices following, to wit: for every single horse and rider three cents, for every led horse, ox, cow or heifer one cent, for every sheep or hog half cent, for a coach or other pleasurable carriage with four wheels, drawn by four horses or more, and passen. gers, twenty-five cents, and for the same carriages drawn by two horses twelve and a half cents, for every stage waggon, mail stages owned by the United States excepted, drawn by either two or four horses or more, eighteen cents, for a chair, sulkey or sleigh, with a driver, six cents, for a waggon or cart with four or more horses or oxen and driver ten cents, for every other cart or waggon, with less than four horses or oxen and driver four cents: provided that no foot passenger shall pay any toll. SECT. 4. And whereas it is just that the rights and interest of those persons residing near the said bridge should be attended to, so that they may not be affected too much or oppressed with the payment of the tolls or pontage imposed on passing the same; Be it enacted, That it shall and may be lawful for the person authorized as aforesaid, to collect and receive the said tolls, and he is here. Rates may be commuted for an annual sum. vol. 243. Repealed, 3d CHAP. 1801 Disputes respecting commutation by whom determined. Exaction of gal rates, by required in case any person or persons shal! prefer an annual contract for the use of the said bridge, to agree with any person or persons residing in New-Castle county, within five miles distance from the said bridge, for the use of the said bridge annually for himself or herself, and for his or her family, at any sum not less than one dollar, nor more than four dollars; and in case any stage owner or proprietor shall prefer an annual contract for the use of the said bridge, to agree with him, her or them, for the use of the bridge annually for his, her or their stages, at any sum not less than twenty dollars, and not more than fifty dollars, and in case the said parties shall not be able to agree upon such annual compensation in lieu of the tolls aforesaid, the commissioners of Levy court and Court of appeal for the county of NewCastle, shall fix the same, and the sum so agreed or fixed, shall be paid half yearly and in advance; and in case such person or persons shall not make one half yearly payment always in advance, it shall be lawful for the said person duly authorized as aforesaid, to collect and receive the tolls or pontage as aforesaid, to collect and receive the tolls or pontage established by this act. SECT. 5. And be it enacted, That if any person more than le- having the care and keeping of the said bridge, shall exact or demand greater rates or prices for the passing and repassing the same, than are herein before prescribed and specified, for every such offence so by him committed, he shall forfeit and pay any sum not exceeding ten dollars, one moiety thereof to the party grieved, and the other moiety to the treasurer of the said county, for the use of the county, to be recovered by indictment and conviction in the Court of general session of the peace for the county aforesaid. How punished. tle annually, on court. SECT. 6. And be it enacted, That the person or Collector to setpersons to be appointed as aforesaid, collector or oath, with the receiver of the said toll or pontage, shall account at commissioners his annual settlement with the commissioners of of the Levy Levy court and Court of appeal aforesaid, and verify the truth and justice of the entries of all. the receipts of the tolls and pontage aforesaid on oath ; and the sum or sums of money found due from the said collector or receiver, on settlement with the commissioners of the Levy court and Court of appeal annually, as aforesaid, shall by him be paid into the hands of the county treasurer, to and for the use of the said county, to be applied to the support, maintenance and erection of bridges lying over creeks and deep waters, which by the laws of this State, are to be erected and supported at the common expence of the said county. Provided nevertheless, and be it enacted, That the said com- make allowance Levy court to missioners of the Levy court and Court of appeal, to the collector. shall make a reasonable and competent allowance, such as they shall deem proper, from and out of the said tolls or pontage, to the said collector or receiver, as a compensation for his time and trouble in collecting and receiving the same. An ACT to incorporate a seminary of learning in the town of New-Castle. WHE HEREAS institutions for the instruction of Preamble. ing, have an evident tendency to advance the wel- СНАР. LXXXIV w 1801 Trustees. ed. virtue; And whereas the inhabitants of the town of New-Castle, and its neighbourhood, have, by voluntary contributions, erected an academy in the said town of New Castle, upon a lot of ground in the public square, which lot by an act of the Legislature, entitled an "an act for vesting the State house and other public buildings, with the lot of ground whereon the same are erected, together with other grounds situate in the town of New. Castle, in trustees for the uses therein particularly mentioned," was vested in trustees, and appropriated for erecting a school house or school houses thereon, and to be for that use for ever. And whereas the inhabitants of the said town, have solicited an act of incorporation for the better management of the said seminary of learning, and for rendering the same more extensively useful; and this general assembly being desirous to aid every beneficial institution, have agreed to enact. SECT. 1. And be it enacted by the Senate, and House of Representatives of the State of Delaware, in general assembly met, That Kensey Johns, James Booth, George Read, Archibald Alexander, James Riddle, James Caldwell, Nicholas Vandyke, James M'Calmont and John Bird, and their successors, be and they are hereby declared to be one community, corporation or body politic, to have continuance forever by the name of the Trustees of the NewCastle Academy and by the same name they shall have perpetual secession forever. SECT: 2. And be it enacted, That the trustees Trustees class herein named, shall at the expiration of one year, be divided by lot into three classes; the seats or places of the first class, shall become vacant at the expiration of one year thereafter; the seats or places of the second class, at the expiration of two |