LAWS OF THE STATE OF DELAWARE. CHAPTER I. AN ACT concerning the entering of judgment bonds. without an Be it enacted by the Senate and House of Representatives of the Judgments to State of Delarare in General Assembly met, That it shall be the be entered by duty of the clerks of the Supreme Court, and the prothonotaries of the clerks the Court of Common Pleas within this State, on the application of attorneyany person being the original holder (or assignee of such holder) when. of a bond, in which judgment is confessed, or containing a warrant for an attorney at law, or other person to confess judgment; to enter judgment against the person or persons who executed the same, for the amount which from the face of the instrument may appear to be due, without the agency of any attorney, or declaration filed, with such stay of execution as may be therein mentioned, for the fee of one dollar, to be paid by the defendant: particularly Fee. entering on his docket, the date and tenor of the instrument of writing on which the judgment may be founded, which shall have the same force and effect as if a declaration had been filed, and judg ment confessed by an attorney, or judgment obtained in open court and in term time, and the defendant shall not be compelled to pay any costs, or fee to the plaintiff's attorney when judgment is entered. All acts of assembly now in force, so far as they are inconsistent with this act, and no farther, are hereby repealed. Passed at Dover, January 16, 1830. CHAPTER II. AN ACT supplementary to the act entitled "An act to incorporate 4 vol. 650. a company to erect a drawbridge over the Christiana creek, at the village of Newport, and for other purposes therein mentioned." SEC. 1. Be it enacted by the Senate and House of Representatives Company an of the State of Delaware in General Assembly met, That the Newport thorised to sell the bridge. Purchase money to be paid into bank. among the Bridge Company are hereby authorised and empowered to grant, bargain, sell, convey and confirm to the Levy Court of New Castle county, or to any body politic and incorporate, or to any person or persons, in fee, for a valuable consideration, free and clear of all debts and incumbrances, the drawbridge over the Christiana creek at Newport, and works and appurtenances with the profits and tolls arising therefrom, with full power and authority to collect and receive the said tolls; and the right, title, interest, use, benefit, possession and property of, in and to, the said drawbridge, profits, tolls and appurtenances, and all and singular the corporate rights and privileges of the said company. SEC. 2. And be it enacted, That the moneys to be paid as the valuable consideration of the sale and conveyance of the said drawbridge, provided for in the preceding section, shall immediately on the receipt thereof, be paid into the Farmers' Bank at New Castle, for the use, benefit and behoof of the owners and proprietors of the respective shares of the capital stock of the said company, subject to the payment of all debts of the said company, and the expenses and charges that may be incurred in obtaining this act and effecting the said sale. SEC. 3. And be it enacted, That a public meeting of the said Money, how apportioned owners and proprietors of shares shall and may be holden at the court-house in the town of New Castle, within ten days after the stockholders. sale, who shall have power by a resolution adopted at said meeting or any adjournment thereof, to direct, and whose duty it shall be to direct, order and apportion among the said proprietors respectively of the said capital stock, or the personal representatives of such of them as may be dead-the moneys so as aforesaid paid into said bank, which apportionment shall be made according to the ratio the same moneys bear to the amount of the said capital stock, subject nevertheless to the deduction to be made on account of the said debts, charges and expenses. Cashier to pay overwhen. Parts of the original act repealed in case of sale. SEC. 4. And be it enacted, That a certified copy of the said resolution under the seal of the said corporation, shall within three days after its adoption be deposited in the said bank, and thereupon the cashier of the said bank shall pay to each of the said proprietors of the said stock or their personal representatives that part or portion of the said moneys directed by the said resolution to be so paid to each of the said proprietors; and also, that part thereby directed to be paid on account of the debts, charges and expenses aforesaid, to whom such part may be ordered to be paid. SEC. 5. And be it enacted, That all the provisions and enactments of the said act of incorporation authorising and requiring the elec tion of president and managers, treasurer and other officers of the said company, its powers and functions and responsibilities incurrable by the said company, and the said president and managers, and prescribing duties to be performed by them, are hereby declared to be repealed in case of the sale and conveyance as afore Powers of the said of the said drawbridge, its works, tolls, profits and appurtenances, as being inapplicable to the state and condition of the said drawbridge, and interest therein, after the said sale and conveyance thereof: Provided always nevertheless, and be it enacted, That the Proviso. same provisions and enactments shall be in full force and virtue notwithstanding the said repeal of them so far as may be necessary to enable the said Levy Court, other body politic, or person or per- purchasers of sons, to whom the said sale and conveyance may be made as afore- said bridge. said, to appoint the necessary officers touching the management and control of the said bridge, its interests, tolls, profits, works and appurtenances; to keep and maintain the said drawbridge and appurtenances in repair, to cause to be given the necessary attendances at the draw thereof, to enjoy the right and benefit of, and to collect and receive and compel payment of the tolls and commutation moneys established by the said act, and to have the benefit of its sanctions. And provided further, and be it enacted, That the keeper or person having the charge and care of the said bridge, for the time being, after the said sale and conveyance, shall be answerable for the damages in case of delinquency mentioned in the eighteenth section of the said act of incorporation instead of the said company, and that the said Levy Court or body politic, or person or persons in case of such sale and conveyance as aforesaid, shall provide for lighting the said bridge, and the toll keeper cause Bridge to be it to be lighted, as ordered, enacted by, and subject to the provisions kept lighted in the fourteenth section of the said act of incorporation. And fur- up. ther, that the fifteenth section of the same act providing for protecting and preserving the said drawbridge and appurtenances from injury, destruction and damage, and the lamps from extinguishment, as [is] in like manner hereby declared to be, and continue in full force and effect from and after the sale and conveyance as aforesaid. Passed at Dover, Jan. 14, 1830. CHAPTER III. AN ACT to repeal an act entitled "An act to regulate the use of New edition, gill nets or gill seines in the river Delaware, to impose a tax there- p. 275. on, and to provide for the payment of the same." Be it enacted by the Senate and House of Representatives of the Repeal. State of Delaware in General Assembly met, That the act entitled an act to regulate the use of gill nets or gill seines in the river Delaware, to impose a tax thereon, and to provide for the payment of the same, passed at Dover, February 12th, 1829, be and the same is hereby repealed. Passed at Dover, Jan. 15, 1830. 173. Place of elec CHAPTER IV. A SUPPLEMENT to the act entitled “An act regulating the General Election.". SEC. 1. Be it enacted by the Senate and House of Representatives tion in Broad of the State of Delaware in General Assembly met, That the first Creek hun section of the act to which this is a supplement, be amended by dred changstriking out the words "now occupied by John Anderson," after the words "Broad Creek hundred at the house," and inserting the words "of Levin Vaughan of Charles." And the said sections shall be read, and construed according to the foregoing amendment. ed. 174. Passed at Dover, Jan. 15, 1830. 173. Preamble. CHAPTER V. AN ADDITIONAL SUPPLEMENT to the "Act regulating the Whereas, It is declared by the Constitution of this State, [that] Art. 10, p. 29. “no Convention shall be called but by authority of the people; and an unexceptionable mode of making their sense known, will be for them, at the general election of Representatives, to vote also by ballot for or against a Convention, as they shall severally choose to do." And whereas, doubts have arisen, whether under existing laws, it is the duty of the inspectors and freeholders, judges of elections, to tally down and make return of such votes so given as Duty of in aforesaid: SEC. 1. Be it therefore declared and enacted by the Senate and spectors, &c., House of Representatives of the State of Delaware in General Asto tally votes sembly met, That it is the duty of the several inspectors and freefor or against a Convention. holders, judges of elections, in the respective hundreds of this State, at any general election of Representatives, to tally all the votes which may be given by the voters at such elections, either for or against a Convention. Inspectors, &c., to make return, how. 179, 180. SEC. 2. And be it further enacted, That it shall be the duty of the said inspectors and freeholders, judges as aforesaid, to make a return of all the votes, that may be tallied as aforesaid, at the same time, in the same manner, and at the same places, as are prescribed in the act to which this is a supplement, for making returns of the Duty of she clection of Representatives; and it shall be the duty of the sheriff, or other presiding officer of the board of canvass, in each county, and the inspectors present at such board of canvass, before its adjournment, to make under their hands, four certificates of all the votes given for or against a Convention; one of which certificates, riff, &c. 181, 182, &c. |