porated. CHAPTER XIV. AN ACT to incorporate Kirkwood Division No. 27 of the Sons of Temperance, located in New Castle, Delaware. SECTION 1. Be it enacted by the Senate and House of RepreCompany incor- sentatives of the State of Delaware, in General Assembly met, two-thirds of each House concurring therein, That Lucian M. Chase, William Herbert, John Gordon, John B. Vining, Thomas Challenger, Andrew Manship, Stephen S. Stradley, David W. Gemmill, John S. King, Edward Collings, James Todd, George V. Hastings, and such other persons as now are members of said division, or who may hereafter become members thereof, agreeable to its constitution, by-laws, rules and regulations, be and they are hereby constituted and made a corporation and body politic in law, by the name, style and title of "Kirkwood Division No. 27 of the Sons of Temperance, Delaware," and by that name, shall continue and have succession for and during the term of twenty years from the time of passing this act. Name. Powers. May appoint offi cers. By-Laws. Restrictions to property. SEC. 2. And be it further enacted, That the said corporation and their successors, during the term of their corporate existence, shall be able and capable in law to purchase, receive and hold any lands, tenements, rents, leases, stocks, goods, chattles, bonds, notes, mortgages, money or any property whatsoever, which may be devised, given or conveyed to them; and also to grant, let, sell, bestow, convey, assign or transfer the same, and to do all matters relating thereto, by the name and title aforesaid; and shall have a common seal with power to break, alter and renew the same as to them may seem fit; may sue and be sued, plead and be impleaded in any court of law or equity in this State, in all manner of suits, complaints, causes and matters whatsoever, and of what nature and kind soever. SEC. 3. And be it further enacted, That the members of this corporation shall have power to appoint or elect such officers as they may deem proper and necessary; and to conduct the affairs of said corporation conformably to this act and to the constitution, by-laws, rules and regulations thereof; and from time to time, to make and establish such constitution, by-laws, and rules and regulations, and to alter and amend the same as they shall deem necessary and proper for the good government of said corporation, provided that the same be not contrary or repugnant to the laws and constitution of this State or of the United States. SEC. 4. And be it further enacted, That it shall not be lawful for the said corporation, and it shall not have power to have, possess or in any manner hold goods, chattels, rights or credits, lands or tenements, or property of any kind, the clear yearly income of which shall exceed two thousand dollars. Revocation. SEC. 5. And be it further enacted, That this act shall be deemed Public Act. and taken to be a public act, and the power to revoke this act at any time is hereby reserved to the Legislature. Passed at Dover, January 26, 1853. CHAPTER XV. A FURTHER ADDITIONAL SUPPLEMENT to the act entitled, "An act to extend the time for recording of Deeds." ing of deeds ex SECTION 1. Be it enacted by the Senate and House of Repre- Time for recordsentatives of the State of Delaware, in General Assembly met, tended to JanuThat all Deeds or Letters of Attorney concerning lands, tene- ary 1st, 1955. ments or hereditaments, sealed and delivered on or before the first day of January, one thousand eight hundred and fifty-three, first being acknowledged or proved, and the acknowledgment or proof certified according to the laws of this State, in force at the time when such acknowledgment or proof was made, may with the certificate of the acknowledgment or proof, and all endorsements and annexations, be recorded in the office for recording of deeds, in the county wherein such lands, tenements and hereditaments, or any part thereof, are situated, if lodged in such office on or before the first day of January, in the year of our Lord one thousand eight hundred and fifty-five; and the said record of a copy thereof shall be sufficient evidence; and from and after the first day of January, in the year last aforesaid, no deed or letter of Attorney, sealed before the first day of January, in the year of our Lord one thousand eight hundred and fifty-three, shall be recorded. Passed at Dover, January 26, 1853. CHAPTER XVI. AN ACT for the benefit of Caleb Sirman and Benjamin Fooks. Private Act. Passed at Dover, January 26, 1858. CHAPTER XVII. AN ACT to amend Section 12, of Chapter 24, of the Revised Statutes of the State of Delaware. SECTION 1. Be it enacted by the Senate and House of Repre- sentatives of the State of Delaware, in General Assembly met, 24, (R. 8.) p. 75, That the twelfth section of Chapter 24, of the Revised Statutes of the State of Delaware, as the same is printed, shall be and the same is hereby amended, by inserting in the sixth line of said sec- tion, immediately after the words, "prescribed in section," the figure "6," and by expunging from said twelfth section the figure "5;" and that in any edition of the Statutes hereafter to be pub- lished, the printing thereof shall be conformed to the provisions AN ACT to establish the Mount Salem Cemetery. Whereas, "The Mount Salem M. E. Church," a corporation Dig of 1829, 459, under the provisions of "An act to enable all the religious deno- Mount Salem hold certain real exercise согро- minations in the State to appoint Trustees, who shall be a body corporate for the purpose of taking care of the temporalities of their respective congregations," passed February 3, 1787, have purchased from Rev. Newton Heston, Trustee, and William Law and wife, a certain lot or tract of land of about twelve acres, situ- ate on the North Eastwardly side of Kennett Turnpike, in New Castle County, for the purpose of laying it out and ornamenting it as a public Cemetery for the burial of the dead. And whereas, It is reasonable that all who purchase lots in said Cemetery should be fully assured of protection to their property and to the remains of their deceased relatives and friends; Therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. The corporation aforesaid, the Mount Salem M. E. the same. ney-amount ceeds thereof; and may borrow money for the purpose of said May borrow moCemetery: Provided, That the amount to be borrowed for such not to exceed purposes shall not at any one time exceed two thousand dollars. $2000. The said Cemetery shall be known by the name or description of The Mount Salem Cemetery;" but all corporate acts in rela- Name. tion to the same shall be in the name of the aforesaid corporation. Salem Church, Salem Cem. SEC. 2. The present Trustees of the said "Mount Salem M. E. Trustees of Mt. Church" and their successors in office duly elected according to Directors of Mt. the provisions of the act above recited, shall be ex officio Directors of the said Mount Salem Cemetery-a majority shall constitute a board. They shall keep a true Register of their proceedings Register of proand transactions; a copy of which under the seal of the aforesaid corporation, signed by the President and countersigned by the Secretary of the Board of Directors, shall be competent evidence in any Court. ceedings point &c. of Cemetery. granted. The Board of Directors shall have power to appoint officers Directors to apand employ agents and servants; and to take from any officer it officers. security for the faithful performance of his duties, in such form as the by-laws shall direct. They shall have the general care and shall have care management of the Cemetery; may enclose, lay out and arrange the same; may make by-laws and regulations, and do all proper things for the well ordering of the affairs of said Cemetery. SEC. 3. All grants and contracts of and concerning burial lots Burial lots, how and rights in said Cemetery, shall be made in the name and under the seal of the aforesaid corporation, and signed by the Chairman of the Board of Trustess of the said Mount Salem M. E. Church, and being so made shall confer a valid and sufficient title. A min- A minute of such ute of such grants and contracts shall be made in the register of kept. the Board of Directors. An exemplification or copy of such min- of evidence of ute under the seal of the said corporation, signed by the President and countersigned by the Secretary of the Board of Directors, shall be a valid title paper, and shall be received in evidence without further proof, in the same manner as the record or office copy of a recorded deed; and transfers under the hand and seal of the party of such title paper, or any right or interest under the same being entered in said register shall be effectual; and a copy or exemplification thereof, as aforsesaid, shall in like manner be received in evidence. grants to be title. A copy of proprietors to scend to Heirs &c SEC. 4. The burial lots or rights purchased or held in the said Qualified right cemetery shall belong to the proprietors in a qualified manner, burial lots dethat is to say they shall descend as real estate to heirs-at-law, and Exempt but executors or administrators shall be competent to assign or from execution, transfer the same: the said lots or rights shall not be liable to be seized, taken or levied on by execution or any legal process whatever; nor shall be aliened or devised so as to vest any right in the alienee or devisee without the approval of the directors aforesaid. The said lots or rights shall be held subject to such gene-regulations of ral regulations as the Board of Directors may adopt for the well Board of Dirceordering of the whole. Any person contravening a regulation in any matter or thing done, formed or put to, in or upon the said Held subject to tors. No street, lane or alley to be Cemetery shall be a trespasser ab initio; and such matter or thing may be treated as a nuisance and abated or remedied accordingly. SEC. 5. No street, road, lane or alley shall be opened, made or laid out through laid out through or upon the lot or tract of land aforesaid, except Cemetery. by and with the consent of the said corporation and the same shall hereafter be exempt from all taxation. Persons injuring or trespassing upon ornaments, &c. Penalty. SEC. 6 If any person shall wilfully do any injury to the said grounds, cemetery or to any ornament, monument, edifice or fixture, or to any of the trees or shrubbery therein, or shall place any matter therein in contravention of a regulation of the Board of Directors, or shall commit trespass upon the same, every such person so offending shall be liable to pay treble damages, with treble costs, to be recovered by the aforesaid corporation before any Justice of the Peace, if the damages do not exceed one hundred dollars, and abate nuisance. if above that sum, in the Superior Court. The Board of Directors shall have power to abate and remove any matter that may be placed in the said cemetery in contravention of any regulation, and to remove anything done contrary to any regulation. Directors may Public Act. Trustees of Mt. SEC. 7. This is declared to be a public act, and an incorporation for public improvement; and power to revoke this act is reserved to the Legislature. SEC. 8. The Trustees of the said "Mount Salem M. E. Church" Salem Church to shall within three months after the passage of this act, certify their. an within 3 acceptance of it, to the Secretary of State, or it shall be void. certify accept e months. Passed at Dover, January 28, 1853. 10th vol. 575. Company de corporated. CHAPTER XIX. A SUPPLEMENT TO THE "ACT to incorporate the Wil mington Coal Gas Company. SECTION 1. Be it enacted by the Senate and House of RepreClar to be in- sentatives of the State of Delaware in General Assembly met, with the concurrence of two-thirds of each branch of the Legislature, That the act to incorporate the "Wilmington Coal Gas Company, passed at Dover, March 4th, 1851, was passed and enacted with the concurrence of two-thirds of each branch of the Legislature and that the said "The Wilmington Coal Gas Company" in said |