СНАР. 1799 12,000 Dollars paid into the treasury. CHAP. XXXV. An ACT making provision for the support of govern ment, for the year One Thousand Seven Hundred and Ninety-nine, and for other purposes. E it enacted by the Senate and SECTION 1. B House of Representatives of the State of Delaware, in General Assembly met, That the to be raised and sum of twelve thousand dollars shall be raised and paid into the treasury of this State, within the time and in the manner directed by an act of Assembly, entitled, An act for the better ordering, assessing, levying, and collecting of taxes, and making provision for the support of government, for the year of our Lord One Thousand Seven Hundred and Ninety-eight, and shall be assessed and levied in the several counties of this State, in the following proportions, that is to say; for the county of New-Castle, the sum of four thousand five hundred and seventy-one dollars and forty two cents; for the county of Kent, the sum of four thousand dollars; and for the county of Sussex, the sum of three thousand four hundred and twenty-eight dollars and fifty-eight cents. Each county's proportion. An additional sum to be laid on New-Castle county. SECT. 2. Whereas the Levy court of the county of New-Castle was required by the act, entitled, An act for the better ordering, assessing, levying and collecting of taxes, and making provision for the support of government for the year of our Lord One Thousand Seven Hundred and Ninety-eight, to lay a sum sufficient to raise the sum of four thousand five hundred and seventy-one dollars and forty two cents, clear of delinquencies and commissions, the same being the quota of the said county, of the tax imposed by the said act, and which the said Levy court, notwithstanding the said act, did only lay the sum of two thousand four hundred and fifty-four dollars and fifty-eight cents, including delinquencies and commissions: Be it therefore enacted, That there shall be assessed and levied, in the said county of New-Castle, in addition to the amount of the quota of the said county of the aforesaid sum of twelve thousand dollars, a sum sufficient to com plete, including the sum that was laid by the said court at their meeting in May last, the amount of the said county's quota of the tax imposed by the aforerecited act, clear of delinquencies and commissions. СНАР. XXXV. 1799 for the payment of salaries; SECT. 3. And be it enacted, That the aforesaid sums, together with all sums of money which now are, or Appropriation may hereafter come into the treasury of this State, (except such sums of money, as may be received from the land or loan offices of this State, or from marriage or tavern licences, not appropriated to the payment of the salaries of the chancellor and judges,) shall be appropriated 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 the salaries due and to become due to the Governor, Chancellor, Judges of the Supreme court and Court of common pleas, Secretary, Auditor of accounts, and Attorney general, up to the first day of January, which will be in the year of our Lord, one Thousand eight hundred; and so much thereof as may be nefor the expences cessary, shall be applied to the payment of the daily of the General allowance to the members of the General Assembly, Assembly, &c. their clerks and other expences; and for printing the laws passed at this session of the General Assembly, and the votes and proceedings of the two branches citizens. thereof; and the residue, if any there be, shall be for the payment applied to the payment of any sums of money due of debts due to to the citizens of this State, for which provision shall hereafter be made by law.. Passed at Dover, January 30, 1799. СНАР. 1799 chosen by the joint ballot of both houses. CHA P. XXXVI. A ACT to establish the manner of choosing a Senator or Senators to represent this State, in the Senate of the United States. SECTION 1. E it enacted by the Senate and House Senators to be Delaware, in General Assembly met, That from and after the passing of this act, the Senator or Senators, to be chosen by the Legislature of this State, agreeably to the constitution of the United States, to represent this State in the Senate of the United States, shall be chosen by joint ballot of the Senate and House of Representatives of this State convened together for that purpose. Speaker of Senate to have a casting vote. Proviso. SECT. 2. And be it further enacted by the authority aforesaid, That whenever hereafter the Senate and House of Representatives shall so as aforesaid meet for the purpose of choosing a Senator or Senators to represent this State in the Senate of the United States, and an equal division of ballots shall appear for any two or more persons who shall be the highest in number of votes, that the speaker of the Senate shall have an additional casting vote. SECT. 3. Provided nevertheless, and be it enacted, That in case the speaker of the Senate shall be one of the persons ballotted for and equal in the highest number of votes to any other person or persons, that the speaker of the House of Representatives shall have such additional casting vote, and should the said speaker be also ballotted for and equal in the highest number of votes, that then both Houses shall proceed to ballot for a suitable person who shall be a member of either House as chairman, who shall have the said additional casting vote. Passed at Dover, January 30, 1799. CHAP. XXXVII. An ACT requiring foreigners to give security in suits prosecuted by them in certain cases, and for other purposes. SECTION 1. of E it enacted by the Senate and House of Representatives of the State Delaware, in General Assembly met, That after the passing of this act, any person who now is or hereafter shall be imprisoned for debt, or in any civil suit within any of the counties of this State, at the suit of any person or persons who do not reside within this State, may apply to the justices of the court from which the process issued, in term time, or to any one of the justices of the said court in vacation, setting forth the cause of his or her imprisonment, and the name of the plaintiff or plaintiffs at whose suit he or she is imprisoned, together with the place of residence of such plaintiff or plaintiffs, and upon such application it shall be lawful for the justices of the said court in term time, or for any one justice thereof in vacation, to make an order requiring the plaintiff or plaintiffs in the suit, to enter into a recognizance in the name of the treasurer of the county within which the defendant may be imprisoned within twenty days from the date of such order, with one sufficient surety at the least, to indemnify the county of and from all costs and charges that may arise by reason of such imprisonment, either for the maintenance or by the sickness of the person so imprisoned, or of his or her family, which said recognizance shall be taken by the clerk of the said court in such sum as the said justices or justice thereof may order. SECT. 2. And be it further enacted, That if the plaintiff or plaintiffs, in such suit or suits, shall after ten days notice of such order being given unto him or them, or to his or their attorney where such plaintiff or plaintiffs cannot be found, refuse or neglect to comply with such order, it shall and may be lawful for the justices of the said court in term time, or for СНА Р. 1799 СНАР. 1799 General issue. any one justice thereof in vacation, to discharge the defendant or defendants so applying from imprisonment, he or they first filing common bail in the said suit or suits. SECT. 3. And be it further enacted, That if any suit or action shall be commenced against any person or persons for any thing done in pursuance of this act, the defendant or defendants in any such suit or action, may plead the general issue, and give this act in evidence at any trial to be had thereon. Passed at Dover, January 30, 1799. 1799 CHAP. XXXVIII. An ACT to enable the land-holders of Rehoboth-neck to erect one or more gates on the public roads on the south side of the road leading from the town of Lewis to Burton's Mill, in the county of Sussex. Passed January 31, 1799.-Private act. 1799 Preamble. CHA P. XXXIX. An ACT to allow free black persons and free mulattoes in certain cases to give testimony in courts of justice. WHE THEREAS great injustice and many inconve niences have heretofore arisen from free black persons and free mulattoes not being allowed to give testimony in courts of justice: BE it therefore enacted by the Senate and House of Re presentatives of the State of Delaware, in General Assembly met, That from and after the passing of this act, in all criminal prosecutions, where it shall appear to the court before whom the prosecutions are depending, that no white person or persons compe |