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II.

CHAP. thorised and required, at their meeting on the first m Tuesday in February next, to lay such additional sum 1798

on the quota of the county tax to be paid by the peoAdditional rate ple of the hundreds of Broad.creek and Little-creek to be laid on the in the said county, as will be sufficient to raise, in hundreds of Broad-creek & each of those hundreds, the sum of one hundred Little-creek. and fifty dollars, clear of all delinquencies and char

ges of collection; which sum of money, or any part of it, as soon as it is paid into the Treasury of the said county, shall be liable for the orders of the said commissioners, or of any two of them.

Allow: ancet

the Sheriff and freeholders.

When new

Sect. 5. And be it further enacted, That there shall be paid, by the said commissioners, two dollars to the sheriff, and to each of the said freeholders the same sum, for every day's attendance on the business assigned them by this act; and the amount thereof shall be allowed the said commissioners, on the settlement of their accounts with the said Levy Court, out of the money herein before directed to be levied for the purpose aforesaid ; and if any of the Commissoners herein appointed shall refuse to serve, die, or remove to any distance above ten miles from said bridge, or be rendered incapable of acting before the said bridge, roads, and causeways are completed, the commissioners of the Levy Court shall nominate and appoint, in writing, some other person or persons ; which said person or persons, so appointed, are hereby empowered and authorised to act in the premi. ses, as fully as if he or they had been appointed by this act.

Com

ers

shall be appoint-
ed and by
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Sect. 6. And be it further enacted, That the said How the bridge, &c.

bridge, abutments, causeways, and roads, when they when complets are completed, shall thereafter be maintained, repaired ed, sball be

and kept up, at the joint expense of the hundreds maintained.

of Broad-creek and Little-creek ; and whenever any disputes arising between the overseers of the roads of the said hundreds, relating to the said bridge, abutments, roads, or causeways, cannot be adjusted,

the commissioners of the Levy Court of the said Power of the

county may, from time to time, confide the exclusive Levy-Court as to reparation.

management of repairing the said bridge, abutments, roads, and causeways, to such person or persons as

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they may see proper, and under such regulations and restrictions as they may provide.

Passed January 16, 1798. This section repealed by cbap. cv. in 4th Vol. 299, where it is declared that the Bridge shall be a public Bridge, and repaired at the expence of Sussex County.

CH A P. III.

An ACT to prevent the erection of booths, or selling

of spirituous or other liquors, in any county-town on the day of the annual election; and for other purposes.

1798

W

HEREAS the practice of erecting booths,and Preamble.

selling spirituous or other liquors, in the county towns in this State, on the day of the annual elections, is pernicious to the morals of the people, destructive of the freedom of election, and productive of riotous and disorderly behaviour, to the great disturbance of the peace of the State.

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Sect. 1. BE it therefore enacted by the Senate and
House of Representatives of the State of Delaware in Penalty for
General Assembly met, That if any person or persons stalls, &c. or

erecting booths, shall, on the first Tuesday of October of any year, or selling strong on the day next preceding or succeeding that day, set liquors, in counup any booth, stall, or other convenience, for the sell- day of the annu. ing of spirituous or other liquors, or shall, on the said al election. first Tuesday of October in any year, with or without such booth, stall, or other convenience, sell, or expose to sale, any wine, rum, brandy, whisky, perry, cyder, porter, beer, metheglin, mead, or other vinous, spirituous, or malt liquor, in any town in this State within which the annual election of members of the general assembly shall be holden, or at any place within two miles of the town or place in which such annual election shall be holden, he, she, or they, shall for every such offence, forfeit and pay to the State the sum of twenty dollars, to be recovered by indictment in the court of General quarter sessions of the peace Mode of recoand jail delivery in the county in which such offence shall be committed,

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Sect. 2. Provided always, That this act shall not be construed to hinder any tavern-keeper, merchant, or other person, from selling liquors in their respective

tavern-houses, stores, or other houses, in any such Proviso, as to tavern-keepers town or place, or within two miles thereof, on the said and merchants. first Tuesday of October, in the same manner as by

law they are permitted to sell at other times.

Sect. 3. And for the more effectual suppression of booths, stalls, and other conveniencies for the selling, giving away, or otherwise disposing of spirituous or other liquor, in the said towns in this State, on the said

first Tuesday in October, Be it enacted by the authori

the peace and Con- ty aforesaid, That each and every Justice of the peace stables required and constable in the respective counties in this State, to attend at the are hereby commanded and required to repair to the County-town on the day of town or place in their counties respectively, in which annual election; the annual election of the members of the general

assembly shall be holden, on the said first Tuesday of October, and there attend from ten o'clock in the forenoon to six o'clock in the afternoon of that day;

and if it shall appear to any Justice of the Peace, upto such booths, or on his own view, or upon the oath of any credible

witness, (or upon his or heraffirmation, he or she being conscientiously scrupulous of taking an oath) that any person or persons hath or have set up any booth, stail or convenience for the selling, giving away, or otherwise disposing of liquor, in any town or place in this State within which such annual election shall be holden, or within two miles of the town or place within which such annual election shall be holden, on the said first Tuesday of October, each and every such Justice is hereby authorised, required, and directed, to call to his aid and assistance all other Justices of the Peace, and all and every the constables, and other citizens of the county, and forthwith, together with such other Justices, and with the constables and other citizens, to prostrate, beat down, and remove all and every such booth, stall, and other convenience; and the said Justice shail make a record of such suppression in the following form of words,

stalls.

or in any other form to the like effect : Record of sup

county, to wit; Be it remembered, that on pression.

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sons not resid.

lars.

this first Tuesday of October in the year

I, A. B. one of the Justices of the Peace of county, do suppress a booth of

in the town of (orwithin two miles of the place within which the annuat election is holden,) as the case may be, in pursuance of an act of the General Assembly in such case made and provided ; which record shall be certified to the next Court of General Quarter Sessions of the Peace, there to be filed amongst the records thereof.

Secr. 4. And be it further enacted by the authority aforesaid, That if any Negro or Mulatto slave or slaves, Mulatto siave,

If any Negro or or Negro or Mulatto servant, or apprentice, of any servant, or apperson or persons who does not or do not reside with prentice, of perin the limits of the town, in which such annual elec- ing within

such tion as aforesaid shall be holden, shall be found with town, be found

therein on the in the limits of such town on the first Tuesday of Oc- day of the elec. tober in any year, the master or mistress of all and tion, the master every such Negro or Mulatto slave or slaves, or ser- forfeit Two Dolvant, or apprentice, on conviction thereof before any one Justice of the Peace of the county, either upon his own view, or upon the oath of any credible witness,(or upon his or her affirmation, he or she being conscientiously scrupulous of taking an oath) shall forfeit and pay to the State for every such Negro or Mulạtto slave, servant, or apprentice, Two dollars, to be recovered with costs, by distress and sale of the master's or mistress' goods and chattels, by warrant under the hand and seal of the Justice before whom such conviction may be had : Provided nevertheless, That in Proviso. case of sickness, it shall be lawful for any master or mistress to send any Negro or Mulatto slave to any such town or place as aforesaid for necessaries for any sick person in his or her family, or to any physician for medical assistance, for the said slave there to remain for any space of time not exceeding one hour ; such master or mistress giving such slave written orders for that purpose. And provided always, That in case any such slave, ser. such Negro or Mulatto slave or slaves, servant or ser- tice, to be also vants, apprentice or apprentices, shall go to any imprisonech such town or place on the day aforesaid, without such written orders as aforesaid, that then and in such case, it shall and may be lawful for any Jus

B

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tice to imprison him, her, or them, in the jail of the said county for any time not exceeding forty-eight hours ; the costs of which said imprisonment shall be deducted from the forfeiture aforesaid.

Sect. 5. And be it further enacted by the authority Negroes or Mu. ayon

e aforesaid, That if any free Negro or free Mulatto, who latioes, not resi- does not reside within the limits of such town as ding within such town,being

no aforesaid, shall be found within the limits of such town

foresaid shall he found found therein on on the first Tuesday of October in any year, every

such free Negro or free Mulatto, on conviction thereelection.

of before any one Justice of the Peace of the county, either upon his own view, or upon the oath of any credible witness, (or affirmation, he or she being conscientiously scrupulous of taking an oath) shall forfeit and pay to the State Two dollars, to be recovered with costs as is directed in the fourth section of this

act; and in case such offender shall not have goods How recovered

and chattels, wherefrom the said forfeiture and costs may be made, then he or she shall be committed to

the public jail of the county, there to remain till the Proviso.

same are fully paid and discharged: Provided nevertheless, That in case of sickness, it shall be lawful for any free Negro or free Mulatto to go to any such town or place for necessaries for any sick person in his or her family, or to any physician for medical assistance, and there to remain for any space of time not exceeding one hour.

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roes or Sect. 6. Be it enacted, That if any free Negro or Mulattoes resi- Mulatto, or Negro or Mulatto slave, residing within the

hish. limits aforesaid, shall be guilty of any riotous or disored for disorder. derly behaviour on the aforesaid first Tuesday of Octothat day.

ber, he or she shall, in the manner and by the authority aforesaid, be imprisoned for the same for any length of time not exceeding twenty-four hours, and punished further for any offence or offences they may commit, in the same manner as the law directs in such cases.

Sect. 7. And be it enacted, That the Justice of the Peace, before whom any person shall be convicted, agreeably to the fifth or sixth sections of this act, shall make a record of such conviction in the following

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