County charge.

Leaving off the draw.

Penalty.

twenty-four feet wide to the said bridge, as will enable persons navigating said creek, by turning or rolling off the same, to pass with any vessel through the said bridge; and persons passing through said bridge with their vessels, are hereby obliged to roll or turn off and on the said draw or platform so that the same receive no damage thereby, under the penalty of ten dollars for every neglect therein, to be recovered with costs in the name of the State of Delaware, before the justice of the peace for Kent county; one-half to be applied to the use of the party suing for the same, and the other half thereof to the purpose of maintaining the said bridge in good order and repair.

SEC. 2. And be it further enacted, That the Levy Court of Kent county aforesaid, shall after the said bridge shall be erected and built as aforesaid, cause the said bridge to be supported, maintained and repaired from time to time; always keeping up a draw or platform as aforesaid, in like manner as other bridges are supported, maintained and repaired in said county; and the said draw-bridge shall be deemed and taken to be a common highway.

SEC. 3. And be it enacted, That if any master or owner of a vessel shall leave off the draw of said bridge for the space of ten minutes, after the passing with his vessel through the same, he shall forfeit and pay the sum of ten dollars, to be recovered with costs of suit, as debts of a like amount are recoverable in this State, onehalf to the person suing for the same, and the other half to the county of Kent, for the use of the poor of said county.

Passed at Dover, Feb. 8, 1832.

Terms of of

CHAPTER CLXVIII.

AN ADDITIONAL SUPPLEMENT to the act entitled "An act altering the mode of repairing and supporting the roads and bridges in the several hundreds of the county of New Castle.

SEC. 1. Be it enacted by the Senate and House of Representatives fice extended. of the State of Delaware in General Assembly met, That the terms of office of road commissioners in New Castle county that will expire on the fifteenth day of September, one thousand eight hundred and thirty-two, be and are hereby extended to the second Tuesday of October in the same year; and the terms of said commissioners that will expire on the fifteenth day of September, one thousand eight hundred and thirty-three, be and are hereby extended to the second Tuesday of October, one thousand eight hundred and thirtyfour; and the terms of said commissioners that will expire on the fifteenth day of September, one thousand eight hundred and thirty

four, be and they are hereby extended to the second Tuesday of October in the same year.

tions.

SEC. 2. And be it enacted by the authority aforesaid, That the Biennial elecpeople of the several hundreds of the county aforesaid, who are entitled to vote for assessor and inspector, shall on the second Tuesday of October next, when they choose assessor and inspector, choose one good and substantial freeholder as commissioner of their respective hundreds, to serve in said office for and during the term of four years; and at the next biennial election for said officers, they shall choose two good and substantial freeholders as commissioners aforesaid, who shall also hold their respective offices for a like term; and the road commissioners of the respective hundreds shall be elected biennially hereafter according to said rotation.

SEC. 3. And be it enacted by the authority aforesaid, That so Repeal. much of the act, to which this is a supplement, as is hereby altered or supplied, be and the same is hereby repealed.

Passed at Dover, Feb. 8, 1832.

CHAPTER CXLXXIX.

A SUPPLEMENT to the act entitled "An act for establishing the boundaries of the town of Dover, and for other purposes therein mentioned."

riots.

stables.

SEC. 1. Be it enacted by the Senate and House of Representatives Commissionof the State of Delaware in General Assembly met, That it shall be ers, their duthe duty of the commissioners of the town of Dover, and of the ty in supjustices of the peace and constable for Kent county, residing within pressing the said town, to suppress all riotous, turbulent, disorderly or noisy assemblages or gatherings of negroes, mulattoes or other persons, in the streets, lanes, alleys, or on the public square of the said town, after night or on the Sabbath day; and for this purpose it shall be the duty of the said constable, upon the requirement of any one of Duty of conthe said commissioners, and without further warrant, forthwith to seize and arrest any such negroes, mulattoes or other persons, so assembled or gathered together and offending as aforesaid, and to carry such negroes, mulattoes or other persons so offending, before any justice of the peace residing in the said town, and upon conviction of any such negro, mulattoe or other person, for so offending as aforesaid, before the said justice (whose duty it shall be to Duty of the hear and determine the case,) the said justice is hereby authorised justice peace. and required to commit every such negro, mulattoe or other person so convicted, to the common jail of Kent county for the space of twenty-four hours, and until the costs of the proceedings be paid; or the said justice may in his discretion, sentence any such negro,

Bon-fires prohibited.

Fees.

Neglect of constable.

Care of the

mulattoe, or other person so convicted, to pay to the State a fine not exceeding five dollars, and commit the party to the jail aforesaid, until the said fine and costs be paid. It shall be the duty of each of the said justices of the peace, upon complaint made before him of any such riotous, turbulent or noisy assemblage, or gathering of negroes, mulattoes, or other persons as aforesaid, to issue his warrant to the said constable, commanding said constable to bring every such negro, mulattoe, or other person so offending as aforesaid, before him the said justice for trial.

SEC. 2. And be it enacted, That it shall be the duty of the said commissioners, justices and constable to suppress, extinguish and prevent all bonfires from being lighted or kept up on the public square of the said town, or in any of the streets, lanes, or alleys of the said town: and to suppress and prevent the firing of guns, crackers or squibs, by boys or others, within the limits of the said

town.

SEC. 4. And be it enacted, That upon every conviction of a riotous, turbulent or disorderly person, under the provisions of this act, the justice and constable shall each be entitled to a fee of sixty cents, to be paid by the defendant or person convicted: and if any constable shall neglect or refuse to perform the duties enjoined upon him by this act, he shall be deemed guilty of a misdemeanor in office, and upon conviction thereof, shall forfeit his office; and it shall be the duty of the commissioners aforesaid, to present every such neglect or refusal to the grand jury, that the same may be inquired into.

SEC. 4. And be it enacted, That the said commissioners shall streets, &c. have charge of the streets, lanes and alleys, of the said town of Dover, and of the public square in said town; and shall have authority to make such regulations relative to the travelling over and upon the said streets and public square, and to the use thereof, the standing of carts or carriages, or the placing of other obstructions there. on, as they may deem proper; and if any person shall wilfully violate the regulations of the said commissioners in this behalf, every such person shall, for every such offence, forfeit and pay to the said commissioners, for the use of the said town, the sum of one dollar; to be recovered with costs of suit, at the suit of the said commissioners before any justice of the peace, in the same manner as other debts under fifty dollars are by law recoverable.

Passed at Dover, Feb. 8, 1832.

CHAPTER CXLXXX.

AN ADDITIONAL SUPPLEMENT to the act entitled "An act for the establishment of free schools."

districts.

SEC. 1. Be it enacted by the Senate and House of Representatives Balances to of the State of Delaware in General Assembly met, That any sum remain to the or balance remaining to the credit of a school district in either credit of the county of this State, at the time of passing this act, shall continue to remain to the credit of the said district until the fourth day of July, one thousand eight hundred and thirty-five, and dranghts may be drawn thereon in the same manner, and subject to the same restrictions as prescribed in the fourth section of the act to which this is an additional supplement; but any balance thereof which shall remain undrawn after the said fourth day of July, one thousand eight hundred and thirty-five, shall be carried to the portion of the income of the school fund divisible among the school districts in the same county the next year, and shall increase the amount to be divided among said districts.

SEC. 2. And be it further enacted by the authority aforesaid, That Tax, how no tax shall be levied or assessed in any school district by virtue to be laid. of the supplement to the act entitled "An act for the establishment of free schools," unless at the same meeting in which it shall be resolved to raise a sum of money in such district, there shall upon a vote by ballot respecting a tax, be a majority of votes for the tax; but no such resolution shall be passed, and no vote respecting a tax shall be taken on any other day or time than at the stated annual meeting of the school voters in such district, to wit: on the second ing. Monday of October, between the hours of one o'clock and five Hour of o'clock in the afternoon of that day; and a greater sum than three meeting. hundred dollars shall not be raised by way of tax in any one district in any one year; but any balance remaining of a previous year shall not be included in said sum.

Annual meet

SEC. 3. And be it further enacted by the authority aforesaid, That Repeal of so much of the second section of the act entitled "A supplement to part of forthe act entitled An act for the establishment of free schools," pass- mer acts. ed at Dover on the twenty-fifth day of January, in the year of our Lord one thousand eight hundred and thirty, as is hereby altered and supplied, and the fifth section of the said supplement, be and the same are hereby repealed, made null and void.

Settlement of

SEC. 4. And be it further enacted by the authority aforesaid, That the school committees of the several school districts in the several accounts excounties of this State, for the year regularly ending on the second tended. Monday of October, in the year of our Lord one thousand eight hundred and thirty-one, who have drawn money from the trustee of the fund for establishing schools in the State of Delaware, and Auditor, &c., have not appeared before the auditor of accounts, and exhibited the districts, their accounts and vouchers for settlement, shall have further time &c.

settle with

No forfeiture

for this purpose; and when the auditor shall attend in either of the counties of this State the present year to settle the accounts of the county treasurer and others, every such school committee or a majority of them may appear before him with their accounts and vouchers, and he shall settle the same; and every such settlement shall be as available as if made in due time; and no school district shall foron the part of feit its right to any portion of the income of the fund aforesaid, in the districts. consequence of the school committee of such district for the year regularly ending on the second Monday of October last, having failed to appear before the auditor with their accounts and vouchers for settlement; and the certificate of the auditor of such failure, shall be void; and no school committee whose account shall be settled pursuant to this act shall incur any penalty or forfeiture in consequence of such account not being sooner settled. The auditor shall give notice in at least two newspapers published in New Castle county, of the time of his next attendance in that county to settle the accounts of the county treasurer and others, at least twenty days before the day of such attendance.

Secretary of
State.

SEC. 5. And be it further enacted by the authority aforesaid, That the Secretary of State shall cause this act to be published for two months, from the first day of August in the present year, in two newspapers printed in the city of Wilmington, and one newspaper printed in Georgetown, Sussex county.

Passed at Dover, Feb. 9, 1832.

Third Tues

day of April, day of meet ing for levy

ing assess

ments.

CHAPTER CLXXI.

A SUPPLEMENT to the act entitled "A supplement to the act entitled An act to alter and re-establish the charter of the borough of Wilmington."

SEC. 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That whereas, in consequence of certain changes in the existing charter of the city of Wilmington, there is no day appointed for estimating and fixing the sum and sums of money necessary to be raised, on the persons and estates in the said city for the public uses of the present year one thousand eight hundred and thirty-two; therefore, be it enacted, that the city council shall meet for the purpose aforesaid, on the third Tuesday of April next, or within ten days thereafter, and shall proceed as is directed in the ninth section of the act to which this is a supplement.

Proceedings upon appeals SEC. 2. And be it further enacted, That when an appeal to the from the city court to the Superior Court for New Castle county shall be entered in any cause Sup. Court. in the city court, according to the provisions of the twenty-third