OF THE LEVY COURT. CHAPTER 15. OF THE LEVY COURT. AN ACT to Authorize the Levy Court of New Castle County to Rebuild the Bridge over the randywine Creek in the City of Wilmington, at Market Street. WHEREAS the Levy Court of New Castle county is about Preamble. to rebuild and reconstruct the bridge over the Brandywine Creek in the City of Wilmington at Market Street, and it may be considered expedient and necessary to widen the same, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Levy Court bridge over wine. SECTION 1. That the Levy Court of New Castle county empowered shall have, and is hereby granted full power and authority to to rebuild rebuild and reconstruct the bridge over the Brandywine Creek Brandyin the City of Wilmington at Market Street, and to widen the said bridge to such an extent as in their discretion may be deemed best for the necessities of public travel and convenience. owners re mit entry five disin SECTION 2. That whenever it shall be necessary for the Levy Court aforesaid for the purpose of building the said bridge and of widening the same as above provided, to enter in and upon and occupy for the purpose of building and widening said bridge any lands, tenements or hereditaments, the owner or owners of which refuse to permit such entry and In case oacupation then it shall be lawful for the Superior Court of fuse to perNew Castle county, if in term time, or any judge of said upon lands. Court in vacation, on application of either party, and at the cost and charge of the said Levy Court, to appoint five To appoint disinterested men of said county, who shall go upon the said terested lands, tenements or hereditaments and assess the damages of such owner or owners fairly and impartially taking into at, cost consideration all the benefits to be derived from or in conse- Court. quence of said bridge to the said owner or owners, and the said commissioners shall certify their finding and award to both parties, whereupon the said Levy Court on paying the pas damages so assessed shall become entitled to have, use and Levy Court enjoy the said lands, tenements and hereditaments, for the and use said purpose by them required, forever. And in case the owner or owners of any lands, tenements or hereditaments necessary men to as sess damof Levy Upon payment of cost shall enjoy lands. minors,non dc., how ceed. OF THE LEVY COURT. In case of for the purpose of the Levy Court aforesaid shall be a minor, residents. non-resident or for any cause incapable of receiving or Levy Court unwilling or neglecting to receive said damages the said Levy shall pro- Court may deposit the amount of the said damages to the credit of the said owner or owners in the branch of the Farmers' Bank at Wilmington, subject to his, her or their order, whereupon the said Levy Court shall be entitled to have, use and enjoy the said lands, tenements and hereditaments and premises required for the purpose aforesaid for or on account of which damages shall have been so assessed. Expenses, The expenses of the assessment of said damages shall always be paid by the said Levy Court. how paid. Passed at Dover, April 20, 1887. Section 15, amended. CHAPTER 16. OF THE CLERK OF THE PEACE. AN ACT to Amend Section 15, Chapter 9, of the Revised Code of the State of Delaware. Be it enacted by the Senate aud House of Representatives of the State of Delaware in General Assembly met: SECTION I. That Section 15, Chapter 9 of the Revised of the Re: Code, of the State of Delaware, be and the same is hereby vised Code amended by striking out all of said section after the word licenses in the third line thereof, and inserting in lieu thereof the following words, to wit: And he shall select as such justices, one from each of the towns in his county having the Unlawful largest number of inhabitants. It shall not be lawful for any for any per- other person than such Clerk or Justice to dispense or districlerk or jus- bute said licenses. son except tice to dis pense licenses. Passed at Dover, March 27, 1887. TITLE SECOND. AN ACT to Amend an act entitled, "An act to Incorporate the Trustees of the Milford Armory," Chapter 582, Volume 17, of the Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, two-thirds SECTION 1. That Chapter 582, Volume 17, of the Laws Chapter 582, of Delaware, be and the same is hereby amended by striking on Ws out the names of "C. A. Blair, Frank Reedy, S. N. Gray," of Delaware in line 1, Section 1, and inserting in lieu thereof the names of Seymour Smith and J. J. Foulk and striking out the letter "S" from the word "Organizations," in lines 4, 9 and 11, (Section 2) and striking out the words "the organization known as the Governor's Cavalry," in line 5 and 6, Section 2, and also "their," in line 11, Section 2, and "each of," in line 7, Section 3, and change "Companies" to company, and to strike out to which such trustees belonged" in line 14. SECTION * majority of them, to issue a call to the members of the company in such manner as they or a majority of them may deem proper, at least five days prior to the date of the meeting. Said meeting shall be held annually hereafter on Time of the second Monday in March, at any hour or hours as they or meeting. a majority of them may determine, notice of which time shall be given at such time and in the same manner as the company shall be notified. At such meeting they shall proceed to elect by ballot a board of trustees consisting of six Trustees, members of the company to serve for the ensuing year. It shall be the duty of the presiding officer of such meeting Duty of pre- forthwith, after such election, to certify in writing the result siding offi- thereof to said corporation and such certificate shall be prima OF THE PUBLIC ARMS AND DEFENSE. Non-com cers and pri of specifica appear moned CHAPTER 18. OF THE PUBLIC ARMS AND DEFENSE. AN ACT to Further Amend Chapter 15 of the Revised Code. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That Chapter 15 of the Revised Code as amended be and the same is hereby amended as follows, namely: Add to Section 24 of said chapter, as amended by Chapter 429 of Volume 17 of the Laws of Delaware, the following: Every non-commissioned officer and private against whom mission off-charges are preferred, shall be furnished with a copy of the vates fur charges and specifications against him, at least ten days before nished copy the time fixed for the hearing of the same, and in case any tions and non-commissioned officer or private to whom a copy of the charges. charges and specifications against him shall be so furnished Neglect or and who shall have been duly summoned, shall neglect or refusal to refuse to appear and make his defence he shall be deemed by when sum- the court guilty of the charges and specifications and shall be deemed sentenced accordingly, unless he be prevented from attending guilty. as in this chapter is elsewhere provided. The provisions of Section 23. Section 23 of this chapter in relation to the attendance of 15, attend witnesses shall be applicable in the case of court martials held ance of wit for the trial of non-commissioned officers and soldiers. The The presid- presiding officer of any court martial shall have authority to to adminis- administer oaths and affirmations to witness, and to issue under his hand in the name of the State directed to any summons, sheriff or constable of the State whose duty it shall be to serve or execute the same, all necessary summons, subpœnas, warrants and commitments. of Chapter nesses. ing officer ter oaths and issue &e. master-Gen present his Quarter- Add to Section 29 of said Chapter 15, the following: The eral shall Quartermaster General shall present his account with the accounts, &c Vouchers to the Commander-in-Chief for his approval and shall draw his warrant for the amount to be approved by the Commander-in-Chief upon the State Treasurer who shall forthwith pay the same. and draw his warrant, when. Penalty for absence from annual en Add to Section 30 of said Chapter 15, the following: Any officer or soldier absenting himself from the annual encampempment, ment except upon a surgeon's certificate of disability, sickness, death or loss of position certified to by the employer, shall, except in cases of OF THE PUBLIC ARMS AND DEFENSE. death or loss tendance at ment. Pay rolls pared. fied and to warded. upon conviction thereof by a court martial, be fined if a sickness, commissioned officer not more than fifty dollars or less than of position. twenty-five dollars, or if a non-commissioned officer or soldier not more than twenty-five dollars or less than ten dollars. These shall be paid to each commissioned officer for each Compensaday's attendance for duty at the annual encampment the sum tion for atof two dollars and to each non-commissioned officer and the annual soldier present for duty the sum of one dollar for each day's encampattendance. Duplicate pay rolls for the field and staff shall be prepared and certified to by the regimental commander; the rolls shall show the daily attendance at the annual encampment of each member of the field and staff. Pay rolls in duplicate shall be prepared by the several company how precommanders showing the daily attendance at the annual encampment of each officer, non-commissioned officer and soldier of the company. The correctness of the rolls shall How certibe certified to by the company commanders. The rolls of whom forthe field and staff and the several companies when so certified shall be forwarded by the regimental commanders to the Quartermaster General for his inspection and approval, and when so approved one copy thereof shall be returned to the regimental commander for the use of the field and staff and the several companies; and the other copy thereof shall be sent to the Quartermaster General who shall thereupon draw draw his his warrant for the aggregate amount of the said rolls to be approved by the Commander-in-Chief upon the State Treasurer who shall forthwith pay the same. The Quarter- Duty of master General shall then pay to the regimental commander Quarter the aggregate amount of the pay roll of the field and stafferal. and to each company commander the aggregate amount of his company pay roll, taking from each such officer his receipt for the same. The regimental commander shall then Duty of pay to each member of the field and staff and non-commis- Commansioned staff the amount due him, taking his receipt on the der. pay roll returned for that purpose. Company commanders Duty of shall pay to each member of their respective commands the company amounts due them respectively and take their receipts on the ers. company pay rolls so returned to them as aforesaid. Quartermaster to warrant. master-Gen regimental command organized Add to said Chapter 15, the following new sections: SECTION 34. Every organized company of infantry shall Duty of be required to drill as a company at least twelve times in each company. year, at all of which drills there shall be present one-half of the total membership of the company. Any company failing Failure to to hold all of said drills with the attendance as herein drill forfeits required, shall forfeit the annual appropriation provided by tion. appropria |
