CHAPTER XLVII. AN ACT to revise and continue in force the act entitled "An act authorising William Virden to convey certain lands therein mentioned," passed at Dover, March 5, 1851. Private Act. Passed at Dover, February 21, 1853. CHAPTER XLVIII. ties. Clerk of the AN ACT to create an additional School District in Sussex County. SECTION 1. Be it enacted by the Senate and House of Reprentatives of the State of Delaware, in General Assembly met. That Cyrus C. Windsor, Elihu J. Pusey and Daniel Hearn, be and they are hereby appointed Commissioners to go upon and Commissioners. view School Districts numbers fifty and fifty-one in Sussex county, Powers and duand if they deem it proper and necessary, locate and lay out from said districts one addititional school district, as to them shall seem just and proper. And when the said Commissioners or a majority of them, shall have so located and laid out said additional school district, they or a majority of them shall make return of To make return the same, describing plainly the metes and bounds thereof, into into the office of the office of the Clerk of the Peace of Sussex county, to be by Peace. Lim filed among the records of his office. Said return shall be made on or before the first day of July next, and within ten days ereafter the said Clerk of the Peace shall make a copy thereof, Copy to be made and deliver the same to the trustee of the school fund. And the trustee of from and after the first day of July aforesaid the additional school fund. school district. to be formed under the provisions of this act, shall become, and be deemed and taken to be a separate school district New, or Sussex county, with the capacity, rights and powers of a school til school diaistrict according to law; and shall be designated and numbered Numbered and proper number succeeding the highest number of the school entered among y formed in the said county; and the said addi- t iets of Sussex also distet hall be entered by the trustee of the fund' county. Brests behing schools in the State of Delaware, among the schol stricts of said county, and accounts opened therewith; and in all dividends hereafter made by said trustee of the fund for estabIshing schools in the State of Delaware, the respective dividends Dividends, which may be due, or hereafter may become due, the said origi brits and delivered to tional trict. addi the school dis How divided. tee. nal districts, numbers fifty and fifty-one, shall be equally divided annually among the districts numbers fifty and fifty-one, and the additional school district to be created under the provisions of this School voters & act; and the school voters in said additional school distet, and the school commit school committee thereof, shall have all the rights and powers of school voters and a school committee respectively according to the laws of this State; and all the acts of the General Assembly General school of this State for the regulation, government and benefit of free laws extended to schools within this State, shall be extended and applied to the said district. additional school district to be created under the provision of this additional school Oath or affirmation. act. SEC. 2. And be it further enacted, That the Commissioners appointed by this act, shall severally before entering upon the discharge of the duties imposed upon them by the provisions of this act, take and subscribe an oath or affirmation, to perform the same with fidelity, and for each and every day the said Commissioners may be employed in the discharge of their duties under the Compensation of provisions herein contained, shall have and receive the sum of one Commissioners. dollar each, to be allowed by the Levy Court and Court of Appeal of Sussex county. Meeting of echool voters. SEC. 3. And be it further enacted, That if the said additional school district be formed as aforesaid, the school voters in the said school district may meet at the place of meeting in said additional school district, which the said commissioners or a majority of them, may deem proper to appoint, on the first Saturday of July next, at three o'clock in the afternoon, and appoint a chairman and secretary, and choose a clerk and two commissioners of the district. Passed at Dover, February 21, 1853. CHAPTER LXIX A SUPPLEMENT to Chapter 9 of the Revised Statutes of the SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That section 23 of chapter 9 of the Revised Statutes of the State of Delaware, be amended as follows, viz: Add at the end of said section immediately after the word "licensed," the following, viz: "and furnish the State Treasurer with a list of the same. And Peace emitting if said Clerk of the Peace shall omit to perform the duties im Amnedment Clerk of the posed on him by this section, he shall be deem guilty of a misde- to perform his duty under this meanor, and shall be fined not less than one hundred nor more act to be fined. than five hundred dollars;" and said section shall be read and construed according to the foregoing amendment, and in any edition of the laws of this State hereafter to be published, the chapter aforesaid shall be printed as amended by this act. Passed at Dover, February 21, 1853. 'CHAPTER LXX. AN ACT to revive and continue in force an act entitled, "An act for the relief of Rebecca Durham, late Rebecca Dean, and others." Private Act. Passed at Dover, February 22, 1853. CHAPTER LXXI. AN ACT to authorize Robert B. Houston to locate a certain tract of vacant land in Dagsborough Hundred, Sussex county, and complete his title to the same. Private Act. Passed at Dover, February 22, 1839. Preamble. ed. CHAPTER LXXII. AN ACT authorizing the sale of certain real estate. Whereas, It is represented to this General Assembly by Ezekiel N. Woodall, the father of Joshua M. Woodall and Anna Maria Woodall, minors, that his aforesaid children are each entitled to one equal undivided sixteenth part of a tract or parcel of land situated in Murderkill Hundred, in Kent county, adjoining lands of James Green, Thomas S. Mifflin, Joshua Dunkin and others, subject to his life estate therein, and that it would be greatly to the interest of said children, that their aforesaid interests should be sold and the proceeds thereof invested for their benefit, and the said Ezekiel N. Woodall having prayed the Legislature to pass an act appointing Edward W. Wilson, Trustee, to make sale. Therefore: SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Trustee appoint- That Edward W. Wilson be, and he is hereby appointed a trustee to sell the aforesaid interests of the said minors in the aforesaid Power and duty real estate, and he may sell the same at public or private sale, as of trustee. in his judgment will best promote the interest of said minors, and Money arising the money arising from said sale shall be taken by the aforesaid from sale to be trustee into the Orphans' Court, of Kent county aforesaid, at the term next held after said sale, and the same shall be invested by the said Court for the benefit of said minors, as in other cases of money arising from the sale of minors' land: Provided that no such sale shall be made, unless all the other parties interested in the aforesaid real estate, shall sell their interest at the same time, and unless the said Ezekiel N. Woodall release his aforesaid interest to his aforesaid children. invested by Orphans' Court. Proviso. Released. Deed of trustee to transfer title SEC. 2. The deed of the said Edward W. Wilson to the purof minors. chaser, shall convey and transfer to him, all the title of the aforesaid children in and to the aforesaid lands. Passed at Dover, February 22, 1853. CHAPTER LXXIII. AN ACT to authorize the Levy Court of Kent County to make appropriations for the support of streets in the town of Camden. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, make an paid town comis den to keep the That the Levy Court of Kent County be and they are hereby au- Levy Court der thorized and directed in making their apportionment of the road for money to be tax under section 25 of chapter 8 of the Revised Statutes of this sioners of CamState, to make an order for the payment of such sum as the Levy streets in repair. Court in their judgment may deem just and proper for keeping the streets of said town in good repair, annually to the commissioners of the town of Camden for the support and maintaining in good repair the streets now laid out or hereafter to be laid out in said town. accounts with of SEC. 2. And be it further enacted, That the said Commission- Com'rs to settle ers shall annually settle their accounts for repairs of the streets Levy Court. of said town with the Levy Court as overseers do; and it shall not be lawful for any overseer of any road to exercise any autho- Overseers rity or jurisdiction over any of the said streets of said town, but have jurisdiction the same shall forever be and remain under the control and man- Camden. agement of the Commissioners of said town. Passed at Dover, February 23, 1853. roads not to over streets of CHAPTER LXXIV. AN ACT to vacate a certain road therein mentioned. Whereas, It has been represented to this General Assembly, Preamble. That Caleb Smithers, of Murderkill Hundred, in Kent county, is the owner of a tract of land situate in said Hundred heretofore covered with wood, but now wholly or in a great measure cleared by the said Caleb Smithers, the said tract being bounded on one side by the road leading from Frederica to Berrytown; that the said land has been lying unenclosed for a long time, and that in the meantime the public has been accustomed to travel over various parts of the land, so as to form through it a road, to the great detriment of the said Caleb Smithers, who wishes to enclose, cultivate and improve the same. up and enclosed. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That it shall and may be lawful for the said Caleb Smithers to Roads to be shut enclose the said land, and to shut up and close the said road or roads, in whatever direction it or they may run through or Not to encroach across the said land, not encroaching on the said road from Fred- on erica to Berrytown. Passed at Dover, February 23, 1853. rogd from Frederica to Berrytown. |