Abbildungen der Seite

him to the prison of the county by the most convenient route, notwithstanding it may pass through a part of one or more counties, other than that in which such prison is situated.

Ch. 12.-Spendthrifts. This act regulates the mode of proceeding in the appointment of the guardians of spendthrifts.

Ch. 28.-State prison. This act contains several provisions in relation to the state prison. By the fourth section a sum not exceeding $50 annually is appropriated, to be expended, under the direction of the governor and council, in supporting a Sunday school within the limits of the state prison.'

Ch. 29.- Vaccination. By this act, provision is made for the general vaccination of the inhabitants of the State. The governor, with the advice of the council, is authorized to appoint a suitable person in Portland, whose duty it shall be to keep on hand a constant supply of virus, to be distributed gratuitously to all the towns and plantations in the State. The selectmen of towns and the assessors of plantations are required to engage some physician or other discreet person, who is to visit within eight months from the passing of the act, every family in their respective towns and plantations, and vaccinate every individual, whose residence is therein, and who shall not object thereto.


At the session of the legislature of Delaware, commenced on January 3, 1832, eighty-six acts and eight joint resolutions were passed.

Ch. 172.Banks. Whenever the fact of the incorporation of any bank shall arise, in any prosecution in the Court of General Sessions of the Peace and Gaol Delivery, for the purpose of proving such fact, the circumstance of such bank being reputed an incorporated bank, or having issued notes as a bank, shall be admissible as prima facie evidence, and until the same be rebutted by contrary proof, conclusive.'

Ch. 126.—Canals. An act was passed supplementary to the act incorporating the Chesapeake and Delaware Canal Company; it provides that the lands of the company situated within the embankments of the canal, or used as reservoirs, shall be exempt from taxation by any marsh company during the time they are overflowed and used as aforesaid. It also prescribes penalties against the masters of boats, &c. passing through the canal, who may attempt to defraud the company by false manifests of their cargoes, &c.

Ch. 191.-A resolution was adopted concurring with a resolution of the legislature of Maryland, by which it is declared, that the security of the coasting trade of Virginia, Delaware, and Maryland would be 'promoted by the opening of a safe and direct navigation through the sounds which run parallel with the seacoast, and by the construction of such canals, as may be requisite for the purpose, between Chesapeake Bay at or near Cape Charles and Lewes Town creek on the bay of Delaware,' and the cooperation of the States interested in this 'improvement' is invited. Commissioners are appointed by the resolution of the legislature of Delaware, ‘to act jointly with such commissioners as may be appointed by Maryland and Virginia to survey and lay out a suitable site or sites for such canal or canals as may be deemed necessary' for the purpose.

Ch. 106.—Constitution. The object of this act is 'to carry into effect the amended constitution.' It prescribes the amount of the salaries of the Chief Justice, Chancellor and associate Judges; the places where the several courts shall be held ; the mode of appealing, &c. from the inferior to the superior courts. It declares that the following shall be deemed causes of legal exception to the chancellor or any judge; interest in the event of the cause, either of himself, or of his parents, grand-parents, children, grand-children, his brother, sister, nephew or niece, uncle or aunt, his brother-in-law or his son-in-law; and whenever the chancellor or any judge is directly interested in a question similar to a question presented for decision to the court of which he is a member, it shall be a sufficient legal exception to him ;' in such cases, the governor is required to commission a judge, ad litem, if such appointment be necessary to constitute a quorum in any of the courts.' The act also contains numerous provisions in relation to the inferior officers of the courts, sheriffs, &c. [This statute is worthy of the consideration of other legislators.]

Ch. 161.-Deeds. Deeds, &c. executed before September 1, 1831, and acknowledged and proved according to the laws of the State in force at the time of the acknowledgement and proof, may be recorded, if lodged in the office for recording deeds, on or before September 1, 1832; and the record or an office copy shall be deemed sufficient evidence ;' after September 1, 1832, no deeds, &c. sealed and delivered before September 1, 1831, shall be recorded.

Ch. 144.—Divorces. This act regulates the mode of obtain

ing a divorce and prescribes its effect in relation to the legitimacy of the children, the dower of the wife, &c. The marriage may be dissolved by the superior court, where it shall appear, that 'the party complained against had a husband or wife of a former marriage living, or was guilty of adultery, wilful absence for the space of three years with the intention of abandonment, extreme cruelty, or where the male party shall have been impotent at the time of the marriage;' but the confession of neither of the parties shall be received in testimony. The court may, in their discretion, grant alimony and a divorce from bed and board or either, instead of a dissolution of the marriage contract. Nine acts of divorce were also passed.

Ch. 158.—Government, support of. By this act the sum of $10,000 is appropriated for the support of government for the year 1832; this sum is to be applied to the payment of the salaries of the governor, chancellor, judges of the superior court, attorneygeneral, secretary of state, and auditor of accounts, and to the payment of the daily allowances' of the members of the legislature, expenses of printing the laws, &c.

Ch. 174.-Imprisonment for Debt-Debtor refusing " to serve his creditors.” No person imprisoned for debt by virtue of any execution, &c. shall be detained 'longer than five days from the date of such commitment inclusive,' unless the or, 'or some person for him, shall allege fraud against such person so imprisoned, and shall file in the office of the prothonotary of the superior court of the county in which such person is imprisoned, a statement in writing, verified by oath or affirmation, naming the supposed fraudulent transactions,' or shall, with sufficient surety, enter into a recognisance to the State in the penal sum of $250,' conditioned to indemnify the county from all expenses incurred in consequence of the imprisonment of the debtor either for the maintenance or through the sickness of the debtor or his or her family;' but these provisions are not to 'apply to the case of a prisoner remanded by the court upon hearing of the allegations of fraud, nor to a prisoner remanded by the court for refusing his consent to be adjudged to serve his creditors ;' if such allegations are filed or such recognisance entered into, the prisoner is to be detained until discharged by the due course of law. If a recogpisance shall be entered into, the principal may, at any time, direct an entry to be made on the recognisance or the record thereof, that he is 'unwilling to continue liable touching any further imprisonment of the person, in whose case the said recognisance was taken ;' and the prisoner shall be immediately disVOL. IX.-NO. XVII.


charged from imprisonment; 'but such entry shall in no manner impair the said recognisance, nor shall other effect flow from it, than that the prisoner shall not after entry made, be detained in prison at the suit of the party causing it to be made.' The 'appearance of any person, who shall be discharged from imprisonment according to this act, may be entered in any suit or action, from process in which, such person shall be so discharged, and such suit or action may be proceeded in, on the ground of such appearance. The provisions of this act are not to apply to any person imprisoned by the authority of the United States.

Ch. 176.—Negroes and mulattoes. Free negroes and mulattoes are prohibited from keeping fire-arms; but if upon application of any free negro or mulatto, to a justice of the peace of the county in which such negro or mulatto resides, 'it shall satisfactorily appear upon the written certificate of five or more respectable and judicious citizens of the neighborhood,' that he is a person of fair character, and that the circumstances of his case justify his keeping and using a gun,' such justice may issue a license authorizing him to keep in his possession a gun or fowling-piece. If any negro or mulatto offend against these provisions, he is to forfeit $5 to the State, for the use of the poor of the county. No' congregation or meeting of free negroes or free mulattoes consisting of more than twelve persons assembled for the purpose of religious worship, or for any other purpose or pretence whatever, shall be held or continued longer than the hour of ten o'clock in the night season, unless said meeting is held or continued under the direction of three respectable white men, who shall be present during the whole duration of such assemblage or meeting after the said hour of ten o'clock in the night season;

negro or mulatto offend against this provision, he shall pay a fine of $ 10 for every such offence, to be recovered by indictment; upon failure to pay such fine and the costs of prosecution, he shall be disposed of to the highest bidder within the county where such recovery is had, for any term not exceeding three years, after ten days notice shall be given of such sale. If any free negro or mulatto, who is not a resident of this State, shall attempt or presume to hold any meeting for the purpose of religious worship or for the purpose of, or under the pretence of preaching or exhortation without the license of some judge or justice of the peace in this State, granted upon the written recommendation of five respectable and judicious citizens of this State, he shall forfeit and pay to the State a fine of $50 with costs of prosecution ; and upon failure to pay such fine and costs, he shall be disposed of as a servant to the highest bidder, for a term not exceeding seven years.

if any free

Marshes. Five acts were passed in relation to different marshes, authorizing the proprietors to drain and reclaim them, &c.

Ch. 173.Railroads. This act relates to the Newcastle and Frenchtown Turnpike and Railroad Company; the directors are authorized to increase the capital stock by a sum not exceeding $ 300,000, for the purpose of constructing a second track upon the railroad, and additional wharves, &c. The company are also authorized to erect gates across the public roads which intersect the railroad, and are required to have gate-keepers stationed at the gates.

Ch. 165.—By this act, it is provided, that if a company shall be hereafter incorporated by the legislature of Pennsylvania for the purpose of constructing a railroad from Downingtown to the line of this State to meet the railroad contemplated by the act incorporating the Wilmington and Downington Railroad Company, the two companies may be united.

Ch. 110.-An act was passed to incorporate the Wilmington and Susquehanna Railroad Company, to construct a railroad 'from a point at the Pennsylvania State line on or near the route of the post road leading from Wilmington to Philadelphia, thence along the said post road, or as near thereto as the ground will admit, to the city of Wilmington, thence to the line of this State towards the Susquehanna in the direction of Baltimore.'

Ch. 114.-School. By this act, the trustees of the self-supporting school in Brandywine Hundred were incorporated.

Ch. 193.—United States Bank. A resolution was passed instructing the senators of the State in Congress and requesting the representative,'to use their best exertions in favor of the renewal of the charter of this institution.

Ch. 156.– Vessels. By this act, it is declared that no sloop, schooner, or other vessel trading from any part of this State ought to be taxed by this State, or either of the counties thereof, for any purpose whatever; and that hereafter, it shall not be lawful for the Levy Court and Court of Appeals in either county, or for the school commissioners of any school district in the State, to levy and collect any tax or duty, for any vessel as aforesaid, from any owner thereof.'

Wilmington. Acts were passed to incorporate the Wilmington Savings Fund Society, and the Wilmington Fire Insurance Company

« ZurückWeiter »