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abuse, interrupt, or in any manner disturb any church, meeting, or society of people of this State, having assembled for the purpose of Divine worship, every such person, or persons so offending, shall forfeit and pay the sum of eight dollars, for every such offence, being duly convicted thereof, by presentment, bill, plaint, or information, or the confession of the party offending, in any Court of general sessions of the peace of this State, in any county where the offence or offences, may have been committed, to be applied to the use of the poor of the respective counties.

SECT. 3. And whereas, by the fourth section of an act against drunkenness, blasphemy and profane cursing and swearing, it is construed by and from the expressions contained in said section, that a justice of the peace cannot from his own hearing convict any person, or persons for the crime of profane cursing and swearing, for remedy whereof,

Be it enacted by the authority aforesaid, That it shall be lawful, for any one justice of the peace, on his own hearing, to convict any person or persons guilty of profane cursing and swearing, expressed in the aforesaid fourth section in the act aforesaid, in as full and as ample a manner, as such offender, or offenders, could or might be convicted, by the testimony of one or more credible witness or witnesses, any construction of the fourth section of the before recited act to the contrary notwithstanding.

Passed at Dover, February 2, 1802.

CHAP.

CIV.

1802

Justice of the peace may con. vict persons for swearing within his hearing.

CHAP.
CV.

1802

Preamble.

appointed to

CHAP. CV.

An ACT for erecting a bridge and causeway over
Cedar creek, in Sussex county.

HEREAS it has been represented to the

W general Assembly of this State, that con

siderable convenience and utility would result to the inhabitants of Cedar Creek, and Slaughter Necks, from the erection of a bridge, by subscrip. tion, over the waters of Cedar creek; and whereas it has been further represented, that from the lands of Edward Stapleford to the lands of Daniel Rogers, would be a suitable place for the same.

SECT. 1. Be it therefore enacted, by the Senate Commissioners and House of Representatives of the State of Deerect the bridge laware, in General Assembly met, That Daniel and causeway. Rogers, Robert Hill, and Edward Stapleford, the survivor or survivors of them be, and they are hereby nominated and appointed commissioners for the purpose of building and erecting a bridge and causeway across Cedar creek, to begin at or near a cedar tree, standing near the waters of Cedar creek, being the north boundery of Daniel Rogers's land, running thence across said creek, northerly, to the north side or shore of said creek, being the land and marsh in the tenure and possession of Edward Stapleford, thence to run northerly, through the marsh of said Edward Staplefore, unto the fast land, in such direction as the persons herein before appointed commissioners, or a majority of them, shall deem most convenient and practicable; and also to erect, build and make all proper and necessary abutments, wings, banks, ways and other works for the use, support and preservation of said intended bridge and causeway.

Space to be left

over the channel.

SECT. 2. And be it enacted by the authority aforesaid, That in the deepest part of the channel of said creek, there shall be left the clear space of

sixteen feet, at least, and shall be constructed so as to admit boats without masts to pass and repass under it with convenience, and such person or persons as shall have occasion to pass or repass with any boat, or otherwise, are hereby obliged carefully to pass, so as the same receive no damage thereby, under the penalty of two dollars for every of fence therein, together with the expense of repairing and amending the said bridge, to be recovered with costs in the name of any one of the commissioners aforesaid, before any justice of the peace of said county, and applied to the use of the said bridge.

SECT. 3. And whereas it has been stated, that it may happen, that Joseph Haslet, or his representatives, may in process of time, erect and estabfish a place of traffick or intercourse with said waters of Cedar creek aforesaid, above said bridge thus to be erected and built as aforesaid;

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&c. commissioners shall

Be it therefore enacted by the authority aforesaid, In case Josepla That if the aforesaid Joseph Haslet, or his repre- Haslet shall sentatives, do, and shall erect, make or build, or build a wharf, cause to be erected, made or built, a wharf and granaries, or granary, at or upon any part of his change the the aforesaid Joseph Haslet's swamp, low grounds accommodation. bridge, for his or cripple, now lying and adjoining the head waters of Cedar creek aforesaid, then, and in such case, it shall be the duty of the aforesaid commissioners, and they are hereby directed and required, at the request of the said Joseph Haslet, or his representatives, within four months notice thereof, to cause the said bridge to be changed in such manner and form as may afford a sufficient draw or pass-way to any vessel or boat, which may eventually have occasion to pass or repass to or from such wharf, granaries, or granary, so erected, built and completed:

Provided nevertheless, That there shall be built Proviso. and erected a wing, to project from each side of the bridge on the south side of the creek, so as

234

СНАР.

CVE

1802

effectually to prevent the sand from washing down into the said creek.

Passed at Dover, February 2, 1802.

CHA P. CVI.

An ACT enjoining certain duties on the secretary of
State, and other officers therein mentioned.

E it enacted by the Senate and

Secretary to fur. SECTION 1. B House of Representatives of the

nish the clerks of the peace with marriage licences, &c.

How the same

buted.

State of Delaware, in General Assembly met, That the secretary of State be, and he is hereby required and directed, from time to time, to furnish the clerks of the peace in the several counties, with marriage licences, tavern licences and licences for hawkers or pedlars, to keep an exact account of the number of each, so delivered to the said clerks, shall be distri- respectively, who shall be accountable to him for the same, and the said clerks of the peace shall distribute the said licences according to the laws of the State, to all persons applying for them; and the said secretary of State is hereby required and Secretary annu- directed, annually, in the month of October, to ally to examine examine what number of the aforesaid licences the number undistributed, &c. each of the said clerks may have on hand, undistributed, which he shall deduct from the number delivered to such clerk, and whatever sum or sums of money the residue amounts to, according to the prices fixed by law, shall be forthwith paid over by the said clerks of the peace, to the aforesaid secretary of State, for which he shall give two receipts, one of which shall be transmitted to the auditor of accounts; and the said secretary is hereby directed, within one month after the receipt of all and every such sum or sums of money as aforesaid, to pay the same,

Secretary to
pay all public

monies into the

treasury within

one month,

receive the same.

together with all other monies that may come in- after he shall to his hands, belonging to the State, into the State treasury, for which he shall take duplicate receipts, one of which he shall transmit to the auditor of accounts.

SECT. 2. And be it enacted, That the aforesaid clerks of the peace are hereby authorized to appoint such number of the justices of the peace, not less than six in each county, as they may respectively think proper, to distribute according to law the aforesaid marriage licences; and from and after the passing of this act, it shall not be lawful for any person or persons to distribute any of the before mentioned licences, other than the said clerks of the peace, and the justices of the peace by them appointed for the distribution of marriage licences.

Clerks of the peace to appoint justices to distribute marri age licences.

&c.

SECT. 3. Be it enacted, That it shall be the Clerks of the duty of the clerks of the peace, yearly, within peace to make yearly returns one month after the rising of the Levy courts of to State treasu their respective counties, to transmit to the State rer, of delinquencies allow. treasurer a return of the delinquencies allowed the ed to collectors, collectors of the State tax, by the said courts, and He shall settle the State treasurer, upon receiving the said re- the same, and turns, shall forthwith proceed to settle and adjust thereof to the the commissions allowed by law to the said col- auditor. lectors, and in the first week of December, annually, the said treasurer shall make a return of such delinquencies and commissions to the auditor of

accounts.

SECT. 4. Be it enacted, That it shall be the duty of the treasurers of the poor, and of the county treasurers, and they are hereby expressly directed and enjoined upon the receipt of any sum or sums of money, that may be payable to them, by virtue of their respective offices, to give to the person or persons, paying the same, two receipts, one of which receipts, the person or persons aforesaid,

make return

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