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What persons

trustees, &c.

managing the concerns of the corporation, and generally a majority of the voices of the said trustees, or of the majority of them convened together, at any of the said meetings, shall determine matters and things, that may arise and be transacted by the said trustees: Provided always, That no ordinances shall be of force, which shall be repugnant to the laws of the State.

7. Persons of every religious society or denomimay be elected nation among Christians, shall be capable of being elected trustees, nor shall any preceptor, tutor or pupil, be refused admittance into the said school, for his conscientious persuasion in matters of religion; provided he demean himself in an orderly manner, and conform to the ordinances, rules and regulations of the school.

Their continu-
ence in office.

supplied.

8. That the trustees herein before named, shall continue in office for the period of one year, from and after the first Monday in March next, and no longer; and their succession shall be kept up and continued by annual elections in each and every year thereafter; and elections shall at any intermediate period or periods, of any future year, be directed by the trustees or a majoVacancies, how rity of them, and held to supply vacancies, that may be occasionally produced or arise, which vacancies may arise or be produced, as well by death, resignation or removal from the said village or its vicinity, as by the annual termination of office; Provided, That the first annual election for trustees, shall be holden at the school-house in the said village, on the first Monday in March, eighteen hundred and five, and so on the first Monday in March, in each and every year thereafter, to perpetuate the succession of trustees, and all intermediate elections, shall be holden at the same place: Provided further, That the trustees of the school for any preceding year, shall continue in office for the subsequent year, in case no annual election should be holden at the time and place prescribed by law, and until such annual election of trustees be held thereafter.

Proviso.

trustees shall be

9. Those of the inhabitants of the village of By whom the Christiana, or its vicinity, who shall send a child or chosen. children to the school, and the contributors to the amount of twenty dollars, to the enlargement of the funds of the institution by gift or otherwise, shall have power and are hereby authorized, to assemble together and choose, annually, at the time and place herein before prescribed, six persons as trustees of the said school, for the then ensuing year, and also hold intermediate elections at the same place at any time or times, and as often as may be prescribed and appointed by the said board of trustees or a majority of them, that may at any time or times be assembled together.

forfeiture.

10. No misnomer of the said corporation shall Misnomer, &c. defeat or annul any gift, grant, conveyance, demise not to create or bequest to or from, the said corporation, provided, the intent of the parties, shall sufficiently ap pear on the face of the gift, grant, will, or other writing, whereby an estate or interest was intended to pass to or from the said corporation, nor shall any misuser or nonuser of the rights, liberties priviledges, jurisdictions and authorities hereby granted to the said corporation, or any of them, create or cause a forfeiture thereof,

&c.

11. The said trustees or a majority of them, shall Trustees may from time to time, and at all times hereafter, when make bye-laws, assembled and met together, have full power and authority to make all necessary ordinances, bye-laws, rules and regulations for the arrangement, regulation and government of the said school, and of and concerning all matters and things, direct or incidental with respect to the well ordering and support of the said school, and the said trustees shall have all further and other powers requisite to carry into full effect, continue and perpetuate the institution, and for its benefit.

12.

Thatthe books, acts, ordinances, statutes Ordinances, &c. and minutes of the trustees of the said school and their successors, shall be competent evidence in

of the trustees, to be evidence,

all

in certain cases,

СНАР.
CLXII.

1804

courts of justice and elsewhere, of the accounts, matters, things and transactions, which they import on the face of them, touching and relating to the affairs and business of the said corporation, o to whatsoever their powers may extend.

Passed at Dover, January 26, 1804.

Chap. 97. c. 2. vol. 1240. et. seq.

Flour made of corn, how to be

rye or Indian

packed.

CHAP. CLXII.

A Supplement to the act, entitled "An act to pre"vent the exportation of flour not merchantable."

B

SECTION. 1. E it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That from and after the first day of June next, all flour made of rye or Indian-corn, which shall be brought to any port or place, within the county of NewCastle, for exportation to any port or place, other than the city of Philadelphia, shall be packed in strong tight hogsheads, made of good seasoned white-oak, bound and tightened with sixteen good and sufficient hoops, and well secured with not less than four nails in each chine hoop, and three wooden pegs or plugs at the upper edge of each upper Dimensions of bilge hoop; and to be of the following dimensions, to wit, the staves to be of the length of forty-one inches, and the diameter at the bung or bilge to be thirty-one inches, and to contain eight hundred pounds nett weight or otherwise to be packed in casks, made, hooped, nailed, branded, and marked in like manner (except as to cask No. 1. and except as to the brand expressing the quality thereof) as in and by the said act to which this is a supplement, is directed and specified with respect to merchantable flour, and under the like penalties and for

the hogseeads.

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branded and

feitures. And moreover each cask and hogshead shall be branded with the words " Fine Rye Flour," How to he "Rye Flour," or "Kiln dried Corn Meal" at marked. length, as the contents may be, together with the name or names of the manufacturer or manufacturers, in a fair and a distinguishable manner, before it leaves the mill or bolting house, where the same shall have been first packed, with the addition of No. 1. 800, and the tare marked upon each hogshead.

Such flour not before inspect. to be exported,

ed.

SECT. 2. And be it enacted, That from and after the said first day of June next, no merchant or other person whomsoever, shall lade, or ship any flour made of rye or Indian-corn, on board of any ship or vessel for exportation from the county of New-Castle (except to the city of Philadelphia) before the same shall be offered to the view and examination of the inspector of the port or place from whence the same shall be intended to be exported; and before the same shall be inspected, approved and adjudged, by the said inspector, or one bf his deputies, or by the three persons to be appointed by one of the magistrates, in the manner directed by the act to which this is a supplement ; and the said inspector, or his deputy, shall try and search the same, and plug up the holes he shall make therein, in the same manner, and shall have the same reward for every cask, as by the said act Compensation is directed concerning merchantable flour, and the to the inspect. sum of three cents for every hogshead so by him inspected.

ог.

SECT. 3. And be it enacted, That if the inspector In case such or his deputies, or the three persons to be appointed flour shall not be of good quaby a magistrate as aforesaid, shall adjudge and de- lity, inspector termine that any such flour of rye or Indian-corn to obliterate (which shall be so branded) shall not be of a due the brands. fineness, and of a quality in all respects fit to be exported as merchantable, he or they shall cause the words "fine" in the brand of fine rye flour, the words "Rye Flour," or "Kiln dried Corn Meal," so branded as the case may be, to be scratched out,

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Adulterated

demned and

forfeited.

and obliterated and the person or persons offering or intending the same for sale or exporation, shall pay for the inspection thereof, the same reward as if the same had been adjudged to be fit for exporta

tion.

SECT. 4. And be it enacted, That all and every the regulations, fines, penalties and forfeitures in and by the act to which this is a supplement, made, imposed and inflicted on any person or persons, who shall grind, bolt, make casks for, pack, brand, after the same shall have left the mill or bolting-house, transport, export, or otherwise have any thing to do with common or superfine flour, shall from and after the said first day of June next, extend to and be construed to extend to such person and offences, in the case of flour made of rye or Indian-corn, as fully and effectually as if the articles, "Fine Rye Flour," Rye Flour," and "Kiln Dried Corn Meal," were inserted with flour in the said act, or as if the said regulations, penalties, and forfeitures, were herein repeated: And all and singular the said fines, forfeitures and penalties imposed and directed by this act, to be levied, as aforesaid, shall be sued for, recovered and applied in the same manner, by the same persons, and to and for the same uses, as directed in and by the act to which this is a supplement, in the case of merchantable flour.

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SECT. 5. And be it enacted by the authority aforeflour to be con- said, That from and after the first day of June next, if in any flour in casks, branded, "Superfine," or "Common," be brought to any port or place within the county of New-Castle, for exportation to any port or place other than Philadelphia, and shall be found on inspection, to contain any part or proportion of Indian corn-meal, or be otherwise mixed and adulterated, all and every such cask or casks so found to be mixed or adulterated, shall by the inspector appointed agreeably to the law to which this is a supplement, or his deputy, be condemned and seized, and shall be forfeited to the use of the

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