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Missing books

RULES OF CONSTITUTION OF STATES. CHAPTER 5.

the State Treasurer for credit to his account. If there appear to be books missing, for which the said Prothonotary cannot satisfactorily account, the said Prothonotary shall pay the State Treasurer for the said missing volumes at the prices mentioned in the preceding section with the percentage therein allowed for sale deducted, or upon failure to do so the State Treasurer shall proceed to collect same by due process of law. SEC. 5. All act or parts of acts inconsistent with this act be and the same are hereby repealed.

Passed at Dover, April 2, 1891.

Rules of construction.

Construction of words.

Genders.

CHAPTER V.

RULES OF CONSTRUCTION OF STATUTES.

SEC. 1. Rules of construction.
I. Of words.

II. Numbers; genders.

III. Grantor; grantee.

IV. Inhabitant,

V. Insane person.

VI. Kin; kindred.

VII. Real estate: real property.

VIII. Month; year.

IX. Oath.

X. Person.

XI. Tavern.

XII. State.
XIII. Will.

XIV. Writtten; in writing
XV. Money; dollars.

SECTION 1. The following rules shali be observed in the construction of statutes, unless such construction would be inconsistent with the manifest intent of the Legislature, or repugnent to the context of the same statute:

I. All words and phrases shall be construed according to the common and approved usage of our language; but technical words and phrases, and such others as have acquired a peculiar and approriate meaning in law, shall be construed and understood according to such peculiar meaning.

II.

Every word importing the singular number only, may exSingular: plural. tend to and embrace the plural number: and every word importing the plural number only, may be applied and confined to the singular number, as well as the plural; and every word importing the masculine gender only, may extend to and include females as well as males; and all forms prescribed by law, may be varied accordingly.

Grantor.

Grantee.

III. The word "grantor" may be construed to include every person by whom a freehold estate or interest is conveyed; and the word "grantee" as meaning the person to whom it is conveyed.

RULES OF CONSTITUTION OF STATES. CHAPTER 5.

IV. The word inhabitant may be construed to mean a resident in any place.

V. The words "insane person" shall be construed to include every idiot, non compos and lunatic person.

Inhabitant.

Insane person.

VI. The word "kin" and "kindred," as applied to the descent of estates, shall be construed to signify kin or kindred by blood; Kin: kindred. and the degrees of consanguinity shall be computed by the civil law method; but collateral kindred claiming through a nearer common ancestor, shall be preferred to those claiming through a more

remote common ancestor.

Real estate;

VII. The words "real estate," or "real property," shall be deemed synonymous with the phrase "lands, tenements and heredi- real property taments."

Month.

VIII. The word "month" shall be construed to mean a calendar month, unless otherwise expressed; the word "year" a calendar year; and the word "year" alone, shall be equivalent to the words "year Year. of our Lord."

IX. The word "oath" shall be construed to include affirmation in all cases where an affirmation may be substituted for an oath ; Oath. and the forms shall be varied accordingly.

X. The word "person" may extend to and include bodies politic person. and corporate, as well as individuals.

XI. The word "tavern" includes inn.

Tavern.

XII. The word "State," when applied to the different parts of the United States, shall be construed to extend to and include the State District of Columbia, and the several territories so called; and the words "United States" shall be construed to include district and territories.

XIII. The word "will" shall be construed to mean "last will and testament," and to include "codicil."

Will.

Written; in

XIV. The word "written" and the words "in writing," may be construed to include printing, lithographing, and any other mode of writing. representing words and letters: provided however, that in all cases where the written signature of any person is by law required, it shall be the proper handwriting of such person, or if he cannot write his name, his mark.

XV. The word "money" or "dollars" shall be construed to mean lawful money of the United States.

Money; dollars.

by whom made.

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SECTION 1. The associate judge of the Superior Court, resident in Kent county, shall report such decisions of the said Court, and Judicial reports; of the Court of Oyer and Terminer, and the Court of Errors and Appeals, as he shall consider important to be published; and shall print and publish the same in volumes of not less than six hundred pages, including an index. He shall deposit one hundred copies in the State library.

100 copies for the library.

Reports; how distributed.

SEC. 2. The reports [aforesaid and all reports of equity cases deChap. 333, vol.15 posited for the use of the State,] shall be distributed by the Secretary of State as follows: one copy to each one of the United States; one to each Prothonotary, Clerk of the Peace, Clerk of the Orphans' Court, Register in Chancery, Recorder of Deeds and Register of Chap. 121, sec. 2, Wills respectively; one to Delaware College; [one to the Historical Society of Delaware; ] forty copies to the State library; and the residue to such justices of the peace as the Governor shall designate by entry on the executive register.

vol. 13.

Office copies.

Chancellor to

SEC. 3. The copies delivered to the public officers within this State, shall belong to their offices, and shall be delivered to their successors in office.

CHAPTER 223, VOL. 14, LAWS OF DELAWARE.

JOINT RESOLUTION AUTHORIZING THE PUBLICATION OF THE RE-
PORTS OF THE CHANCELLOR.

SECTION 1. That the Chancellor shall collect and publish such equity cases heretocollect and pub- fore determined in the Court of Chancery of this State as, in his judgment, are proper lish Equity cases for public information, and that the publication of such cases as may hereafter be deVolumes not less termined in said court be continued. The said cases shall be published and bound in than 400 pages. volumes of not less than four hundred pages, including an index.

Where deposited

$800 to be paid on their deposit.

Compensation per annum.

SEC. 2. One hundred copies of each edition of such reports shall be deposited in the office of the Secretary of State for the use of the State, and, upon the certificate of the said Secretary of such deposit, the Governor shall draw his warrant upon the State Treasurer in favor of the Chancellor so publishing and depositing the same for the sum of eight hundred dollars.

SEC. 3. Tnere shall be allowed and paid to the Chancellor, for reporting said decisions, the sum of two hundred dollars per annum in addition to his present salary. The said allowance to begin from the adoption hereof.

Adopted at Dover, March 29, 1871.

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OF THE PUBLIC REVENUE; AND THE ASSESSMENT, COLLECTION AND APPROPRIATION OF TAXES.

CHAPTER 7.

CHAPTER 8.

Of the Revenues of the State. Chap. 310, vol. 16; Chap. 458, vol. 12; Chap. 458, vol 15; Chap. 367, vol 14; Chap. 392, vol. 13; Chap. 368, vol. 14; Chap. 7, vol. 18; Chap. 241, vol. 18; Chap. 393, vol. 13; Chap. 117, vol. 13; Chap. 38, vol 17; Chap. 18, vol. 14; Chap. 23, vol. 19; Chap. 390, vol. 13; Chap. 11, vol. 15; Chap. 247, vol. 18; Chap. 460, vol. 18; Chap. 461, vol. 18; Chap. 486, vol. 15.

Of the Levy Court. Chap. 474, vol. II; Chap. 508, vol. 12; Chap.
9, vol. 16; Chap. 316, vol. 16; Chap. 17, vol. 17; Chap. 18,
vol. 17; Chap. 699, vol. 18; Chap. 26, vol. 19; Chap. 27.
vol. 19.

CHAPTER 9.
Of Clerk of the Peace. Chap. 21, vol. 17; Chap. 38, vol. 14.
CHAPTER 10. Of Assessors. Chap. 320, vol. 16; Chap. 566, vol. 19.
CHAPTER II. Of valuation of property.

CHAPTER 12. Of collectors. Chap. 372, vol. 14; Chap. 17, vol. 15; Chap. 570, vol. 19; Chap. 571, vol. 19; Chap. 342, vol. 15, Chap. 23,

vol. 17.

CHAPTER 13. Of County Treasurer.

CHAPTER 14. Of Treasurers of the poor.

CHAPTER VII.

OF THE REVENUE OF THE STATE.

SEC. 1. Investments of public funds.

2. Revenue. Tax on banks.

On railroads.

3. Fees on commissions.

On licenses.

4. Proceeds of public lands, &c.

5. Fines, &c.

6. To be paid to the treasurer.

Penalty for neglect.

Execution for unes.

Act to raise revenue for this State.
Act in relation to Wilmington City Rail-
way Company.

Act in relation to the taxes imposed by
Chapter 458 of Volume 12, of the
Laws of Delaware, entitled "An Act
to raise money for this State."
Act taxing railroads and canal compa.
nies in this State.

Act relating to the taxes of the P. W.
& B. R. R. Co

Act concerning the revenue of this
State.

Act relating to taxes for county and
municipal purposes.

Act taxing the shares of banks.

Act to raise revenue and provide for the
current expenses of the State Gov-

ernment.

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Revenue of the

State.

Ir vestments.

Taxes on banks, &c.

Railroads.

Fees on commissions, &c., icenses.

REVENUE OF THE STATE, CHAPTER 7.

SECTION 1. The following investments of money in the name of the State of Delaware, do and shall belong to this State as sources from whence a portion of its revenue, for the support of Government, is derived, viz:

1275 shares of Farmers' Bank stock, at fifty dollars per share, divided as follows:

:

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20 shares of Bank of Delaware stock.

SEC. 2. The following taxes do and shall form another portion of the aforesaid revenue, viz:—

I. Tax of 1 of 1 per cent. per annum on the paid in capital of the Farmers' Bank:

II. Same tax on the paid in capital of the Bank of Delaware; and also on the surplus fund of said bank over 25 per cent. of her capital as above:

III. Same tax on the capital of the Bank of Wilmington and Brandywine:

IV. Same tax on the capital of the Bank of Smyrna :

V. Same tax on the paid in capital of the Union Bank of Del

aware:

VI. Same tax on the capital of the Delaware City Bank:
VII. Same tax on the capital of the Bank of Milford :
VIII. Same tax on the capital of the Philadelphia, Wilming-
ton and Baltimore Railroad Company:

IX. This provision has expired.

X. This has expired.

SEC. 3. The fees on all commissions by the Governor; for each impression of the great seal; for all retailers', pedlers', lottery, and other licences, not appropriated to the school fund, do and shall form another portion of the aforesaid revenue.

SEC. 4. The money received for vacant land, and upon the sale public lands and of laws by the prothonotaries, does and shall form another portion

Proceeds of

laws.

Fines, &c.

of said Revenue.

FINES AND FORFEITURES.

SEC. 5. All fines and forfeitures, not otherwise appropriated by law, do and shall form another portion of said revenne.

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