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SECT. 3. And be it enacted, That the aforesaid Appropriation

*for payment of sums, together with all sums of money, which now salaries, &c. are, or may hereafter come into the treasury of this State (not otherwise appropriated) shall be appro. priated and applied to and in the following manner, that is to say, so much thereof as may be necessary, shall be applied to the payment of salaries due and to become due to the governor, chancellor, judges of the Supreme court, judges of the Court of commonpleas, attorney general, secretary, and auditor of accounts, up to the first day of January, which will be in the year of our Lord, One thousand eight hundred and five ; and so much thereof, as may be necessary, shall be applied to the payment of the daily allowance of the members of the General assembly, their clerks and other expenses, and for printing the laws passed at this session of the General assembly, and the votes and proceedings of the

Residue for two branches thereof, and the residue, if any, shall

payment of be applied to the payment of any sums of money, debts due to due to the citizens of this State, for which provision C shall be made by law. .

shal to the citizens Payment of any due, if any, shal

Sect. 4. And be it further enacted, That the State

Money due on treasurer be, and he is hereby directed and requir- loan-office ed, to pay the principal and interest of all such mortgages, apdepreciation certificates, as have been issued by this payment of de State, and are still due and unpaid, out of any mo- preciation cer

tificates. ney which he may hereafter receive for mortgages due and undischarged in the loan offices of the seve. ral counties of this State.

Passed at Dover, January 24, 1804.

CHÅ P.
CLIV.

, CHA P. CLIV.
1804

An additional Supplement to an act, entitled, An See chap. 70. 198. 215* a." act for regulating fences within this government.1st vol. 451. 522.

T HEREAS by an act of the General assem. Preamble.

V bly, entitled, “ An act for regulating fences within this government,” power is given to the justices of the Courts of general quarter sessions of the peace, to be held in the month of May, in every year, to nominate and appoint so many proper persons as they shall think fit, for each hundred in each county, respectively, as fence viewers, but have not defined any particular number that may have power to transact or do business, under the directions of said act, whereby many of the citizens of this State have sustained considerable injury, by not being able to convene all the fence viewers ap. pointed for a hundred, at one time and place; and also by reason of procuring two justices of the peace to carry into effect some parts of the above recited act, for remedy whereof,

Three lence viewers may hereafter act, &ca

Section 1. BE it enacted by the Senate and House of Representatives of the State of Delaware, in Gene. T ral Assembly met, That any three fence viewers, or a majority of them, appointed or hereafter to be appointed, under the direction of the act to which this is an addition supplement, be, and they are hereby impowered to do and perform all and every act, matter and thing, enjoined upon the fence viewers in said act, and that any one justice of the peace, is hereby vested with the full powers to do and perform all the duties enjoined upon two justices of the peace in said act.

Redon

er Sect. 2. And be it enacted, That all reports to be L.12.cognizable made by the fence viewers to any justice of the peace, of the peace,

es to the amount of thirty-two dollars and under, shall Sect. 3. And be it enacted, That the fence Fence viewers,

be proceeded on in the same manner that debts under twelve pounds are recoverable.

their compenviewers shall be allowed, for their services, the sum sation. of thirty-three cents, over and above the sum allow. ed them in the act to which this is an additional supplement.

Sect. 4. And be it enacted, That the clerk of the Clerks of the peace in each of the counties of this State, is here. peace, to issue

warrants to by required to issue a warrant, under his hand and them when apseal, to each of the fence viewers, that may be here. pointed, &c. after appointed in the hundreds of the counties, respectively; and shall also write and sign a number of advertisements equal to the number of fence viewers appointed in each hundred, giving notice of the persons appointed in the hundreds respectively, who shall have for his services a reasonable compensation, to be adjudged of and allowed by the Levy court.

Passed at Dover, Jan. 24, 1804.

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A Supplement to an act, entitled, An act altering

's, Chap. 138. 3d. the mode of repairing and supporting the roads and vol. p. 301. bridges in the several hundreds of the county of New-Castle."

D E it enacted by the Senate and House Section 1.

c Additional pow:D of Representatives of the State of

MawCS OJ WC Wurc Ters of the com. Delaware, in General Assembly met, That the com- missioners of missioners of the roads in the several hundreds in the roads. the county aforesaid, shall and they are hereby 1st. vol. 402. required, at the first, or some subsequent meeting 4

8 343. 4th vol. after the passing of this act, by writing under their 407 hands, or any two of them, to demand from the justice or justices, constable or constables, collector or collectors, overseer or overseers of the roads,

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CHAP.
CLV.

1804

them or either of them, their heirs, executors or administrators, the books, papers, vouchers and other documents, relating to or in any wise apper. taining to the levying, collecting and settlement of the taxes for the support of the roads in the respective hundreds of such commissioners, and the said justice or justices, or any other persons having such books, papers, accounts, settlements, or other vouchers, or any of them, are hereby required, forthwith, to deliver the same to the said commissioners, whole, entire, and undefaced, taking a receipt for the same, and the said books, accounts and papers so received, by the said commissioners, shall be by them filed, kept and preserved, in like manner as the books and papers directed to be provided under the act to which this is a supple. ment.

Commissioners

sieners Secr. 2. And be it enacted by the authority to adjust the aforesaid, That the commissioners in the respective claims of the

er hundreds shall be, and they are hereby authorized overseers under mundicus Sulaul DC, a former laws, and required to settle and adjust the claims and deand

mands of the several overseers of the roads or other persons, for labour performed, articles furnished, or money expended in supporting the roads in their respective hundreds, under the former laws of this

State (where a final settlement shall not already have to pay the same by order on the been made) and the balances found due to the indi. collector, &c. viduals respectively, to pay by orders on the collec

tor, as in other cases.

Sect. 3. And be it further enacted, That if the ba. Commissioners, lances remaining in the hands of the collectors of their duty in case of defici. the road taxes, for the preceding years, in any of ency.

the hundreds of the said county, after a final settlement of their accounts, shall be found inadequate to the discharge of the sums found due to the seve. ral persons acting under the former road laws, the commissioners of such hundreds shall, and they are hereby required, in addition to the sum necessary for the support of the roads for the ensuing year, to levy and collect so much as will satisfy the debts due from said hundred, under the former road laws

and discharge the same, by orders on the collector as aforesaid.

CHAP.
CLV.

1804.

SECT. 4. And be it further enacted, That the com

Commissioners missioners of the roads in the respective hundreds in the county aforesaid, making the rate for the re- tain of their spective hundreds, to form a fund in the hands of proc

annually, to the collector for supporting the roads as before men- the auditor. tioned, shall annually certify the proceedings therein, and carefully transmit the same to the auditor of accounts, within one month after making the same rate; and also it shall be the duty of the commissioners aforesaid, drawing orders under the authority of the act to which this is a supplement, annually to certify and carefully to transmit to the said auditor of accounts, on or before the second day of the spring term of the Court of common pleas for the said county, a true and correct list of each and every order so drawn, specifying its number and date, the sum drawn for, the name of the person to whom to be paid, and the name of the collector required to pay the same.

. Sect. 5. And be it enacted, That in the month of

Collectors shall April, annually, the collector of the road-tax of the settle annually preceding year, in every hundred of the county with the com

missioners. " aforesaid, shall appear at a place to be appointed by the commissioners of the respective hundreds, with his books and vouchers, and shall lay before them a statement of his accounts, which shall be adjusted by the said commissioners, who shall allow him for his trouble for collecting and paying over the said tax, a sufficient compensation, not less than five, nor more than ten per centum, on the nett sum collected or accounted for, which with their other proceedings, be transmitted

Settlement to the said.commissioners shall transmit to the auditor of to the auditor. accounts.

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Sect. 6. And be it enacted, That the aforesaid Collector shall collectors shall annually, during the spring term of a

i with the audi the Court of common pleas, or at any other time lor. the auditor of accounts may appoint, attend at the town of New-Castle, and lay before him a full state:

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