OF PROTHONOTARIES. CHAP. 37. ADDITIONAL ACTS. SEC. 7. The Prothonotary shall keep and return jury lists, as pro- Jury lists. vided by chapter 109. witness' fees. SEC. 8. The prothonotary shall not, directly or indirectly, pur- Not to buy chase the fees of any witness attending the Superior Court. Any fees so purchased shall be forfeited; and the offence shall be a misdemeanor, punishable by a fine of double the amount of the fees purchased. Fine. SEC. 9. When any judgment in the Superior Court shall appear, Satisfaction of by the return of an execution thereon, to be satisfied, the Prothono-judgments, tary shall note that fact on the record of the judgment, as required by chapter 109. partition cases, SEC. 10. In partition cases, and suits for dower, the prothonotary Record of shall record all the proceedings in books kept for that purpose ex- and dower. clusively. SEC. 11. The prothonotary shall preserve and keep in good order Standard the duplicate standards of weights and measures deposited in his weights, &c. office; but he shall allow the commissioner of weights and measures of his county free access to, and use of, the said duplicates, and the occasional custody of them, as may be required for the discharge of his duties. CHAPTER 154, VOL. 11, LAWS OF DELAWARE. AN ACT PRESCRIBING A CERTAIN DUTY OF PROTHONOTARIES IN ENTERING OR TAKING JUDGMENTS. hour and minute SECTION I. On and after the first day of March next, each prothonotary on entering Prothonotary to a judgment on bond with warrant of attorney, or in taking a judgment by confession note the precise other than by virtue of such warrant, shall set down on the docket under such judgment, the precise hour and minute of the day when the same was entered or taken, and such judgment shall operate and take effect as liens at and from the time so noted or entered on the record as aforesaid. Passed at Dover, January 23, 1855. CHAPTER 266, VOL. 12, LAWS OF DELAWARE. AN ACT FOR THE BENEFIT OF PUBLIC OFFICERS IN THE STATE OF of the day when a judgment is taken. Process not demandable at the SECTION 1. That from and after the passage of this act, no Prothonotary or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution in any judgment in favor of any person not a suit of non-residents, without resident of this State, unless the costs of the issuing of such writ shall be first paid or the payment of tendered to such officer, nor shall any sheriff, coroner, or constable be compelled to ex- legal fees. ecute any such writ until the legal fees for such services shall be first paid or tendered to such officer by the plaintiff in such action, his attorney or agent; any law, custom or usage of this State to the contrary notwithstanding. SEC. 2 That this act shall be deemed and taken to be a public act. Passed at Dover, February 17, 1863. Prothonotaries OF PROTHONOTARIES. CHAP. 37. ADDITIONAL ACTS. CHAPTER 132, Vol. 13, LAWS OF DELAWARE. AN ACT IN RELATION TO THE JUDGMENT AND CONTINUANCE SECTION 1 and 2. (The duties under these sections have been performed.) SEC. 3. That hereafter it shall be the duty of the Prothonotaries in each county, to mark satisfac- when satisfaction of a judgment is made by entry, or otherwise, to write the letter S in the index opposite the names of the parties in such judgment. tion in indices. Prothonotary to a docket for Passed at Dover, March 13, 1867. CHAPTER 19, VOL. 16, LAWS OF DELAWARE. AN ACT AUTHORIZING AND REQUIRING THE PROTHONOTARY OF SECTION 1. That from and after the first day of May, in the year of our Lord one keep an index in thousand eight hundred and seventy-nine, it shall be the duty of the Prothonotary of the Superior Court of the State of Delaware in and for New Castle County, to keep an Superior Court, indirect index in a docket to be procured by him for that purpose, of all writs of registration issued out of the Prothonotary to certify to Recorder return of Sheriff on Duty of Compensation. foreign and domestic attachment which shall be issued from said court, and to index the same at the time they shall be so issued, which said index shall show the names of the defendants in such writs of attachment, in alphabetical order of the surnames in connection with the names of the plaintiffs therein, and the day of issuing the same; and shall also specify the appearance dockets and pages thereof in and on which such proceedings by attachment shall be docketed. Passsd at Dover, March 26, 1879. CHAPTER 344, VOL. 16, LAWS OF DELAWARE. AN ACT PRESCRIBING CERTAIN DUTIES OF THE PROTHONOTARY SECTION 1. Whenever it shall appear by the return of the sheriff, to a writ of Levari Facias, issued upon a judgment, recovered upon a Scire Facias on a mortgage, that all the real estate therein mentioned and described has been sold by him, (and after the confirmation of such sale by the court) it shall be the duty of the Prothonotary of the county in which said sale has been so made and returned, to certify to the Recorder of Deeds of such county, within sixty days after said confirmation of sale, the number of said writ of Levari Faciae, the term to which it may be returnable, the names of the parties, plaintiff and defendant therein and the return of the sheriff as endorsed thereon; and it shall be the duty of the said recorder, without delay, to file the said certificate and enter upon the margin of the record of said mortgage, the matter so certified to him as aforesaid. SEC. 2. For the services provided for in section 1 of this act, the said Prothonotary and Recorder shall each be entitled to a fee of twenty-five cents, to be taxed by the sheriff in the costs of the case. Passed at Dover, April 8, 1881. OF THE CLERK OF THE COURT OF ERRORS AND APPEALS. CHAPTER 38. CHAPTER 42, VOL. 17, LAWS OF DELAWARE. AN ACT REQUIRING THE ISSUING OF A SCIRE FACIAS IN A MORT- scire facias on SECTION 1. Upon the issuing of a scire facias upon a mortgage it shall be the duty Prothonotary's of the Prothonotary of the Superior Court who issues the same to certify to the Re- duty in writs of corder of Deeds of the county where such mortgage is recorded, within five days mortgages. after the issuing of said writ, the names of the parties, plaintiff and defendant Certificate to therein, together with the number of the writ and the term to which it may be returna- Recorder shall ble, and the said Recorder shall at once mark the same in brief upon the margin of the enter on margin of record. record of the said mortgage. Recorder. Fee taxed as SEC. 2. For the service rendered by the Prothonotary and Recorder under this act they [shall] each receive a fee of twenty-five cents, to be taxed as a part of the costs costs. in the case and paid in the same manner. Passed at Dover, February 23, 1881. CHAPTER XXXVIII. OF THE CLERK OF THE COURT OF ERRORS AND APPEALS. SECTION 1. There shall be a clerk of the Court of Errors Term five years. and Appeals, who shall be commissioned for five years, if he shall so long behave himself well; but may be removed by the Governor, within that time, on conviction of a misdemeanor in office, or the address of both houses of the legislature. Office. ments. SEC. 2. He shall have the custody of all records, books and pa- Papers, pers belonging to any Court of Errors and Appeals in this State; and shall keep the same in a public office at the capital of the State. SEC. 3. Whenever a judgment is entered or signed in the Court Minute of judg of Errors and Appeals, the clerk of that court shall set down on the docket thereof the day, month and year of actually entering or signing it. He shall also keep two indexes to his judgment docket, and Indexes. make the entries therein, as required of the prothonotary in chapter 37, under the penalties prescribed by said chapter, the provisions of which are for this purpose extended to the clerk of the Court of Errors and Appeals. pre-paid. SEC. 4. The plaintiff or appellant shall, on docketing a cause in 85; costs to be the Court of Errors and Appeals, pay the clerk five dollars; and, upon the decision of such cause, the clerk shall enter on the record a bill of the costs, and, after deducting his own fees, shall, on demand, Bill of costs. refund any portion of the said sum that may be due to said plaintiff Refunding. Forfeiture. Docketing appeals. Chapter 348, volume 16. Professor of Delaware Col- Duty of State Chemist. Annual analysis of samples. OF OTHER OFFICERS. STATE CHEMIST. CHAP. 438, VOL. 17. or appellant; and the neglect so to do shall be a misdemeanor, and a forfeiture of his office. SEC. 5. In case of an appeal from the Court of Chancery, when a copy of the record and papers is delivered to the Clerk of the Court of Errors and Appeals, he shall file the same forthwith, and shall enter the appeal, with the date of filing such copy on the docket of said court. OTHER OFFICERS. STATE CHEMIST. CHAPTER 438, Vov. 17, LAWS OF DELAWARE. AN ACT TO AMEND THE ACT ENTITLED "AN ACT TO AMEND THE A STATE CHEMIST,' PASSED AT DOVER, APRIL 8, 1881. SECTION 1. That the person occupying the chair of Professor of Chemistry in Delaware College, at Newark, Delaware, be and he is hereby declared ex officio State Chemist. SEC. 2. That it shall be the duty of the State Chemist annually to analyze samples of all fertilizers which may be offered for sale within this State, and for this purpose he is authorized and directed to take from not less than five original packages of said fertilizers, which may be in the possession of any manufacturer, dealer, or persons using the One sample to same, two samples not exceeding one pound in weight, one sample to be rebe retained by State Chemist, tained by the State Chemist, and the other sample to be sent by the State Chemist, one by Secretary in a sealed bottle or can, to the Secretary of State, who shall keep the same; and in of State. Packages of case any manufacturer should request another analysis, then the sample retained by the Secretary of State, at the request of any manufacturer, shall be sent to any chemist which the Secretary of State, State Chemist and manufacturer shall agree upon. SEC. 3. That every bag, barrel or other package of commercial fertilizer manufacfertilizers; how tured or sold in this State shall have plainly stamped thereon the number of net pounds stamped. of fertilizer in the package, the name, brand or trade mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture, and chemical analysis, stating the percentage of ammonia, of potash soluble in water, of available phosphoric acid, and of insoluble phosphoric acid; and any manufacturer or dealer who shall misrepresent the proportions of ammonia, phosphoric acid and potash, or either of them, contained in such fertilizer, shall be guilty of a misdemeanor, and upon conviction thereof on indictment shall be fined two hundred dollars for the first offense and three hundred dollars for each subsequent offense. Percentage of ingredients stated. Penalty for mis. representation of contents. Duty of manufacturer or importer of fertilizers. Penalty for neglect. Fee to State Chemist, by whom paid. SEC. 4. That every manufacturer or importer of commercial fertilizers, before offering the same for sale in this State, shall file with the State Chemist a paper giving the names of his principal agents and also the name and guaranteed analysis of the fertilizer or fertilizers offered for sale by him, and any manufacturer or importer who shall refuse to give the information herein required shall forfeit one hundred dollars for the first offense and one hundred and fifty dollars for each subsequent offense. SEC. 5. That every manufacturer, importer, agent or seller of any commercial fertilizer shall pay annually to the State Chemist an analysis fee of thirty dollars for each and every brand offered for sale within this State, the said fee to be payable upon receipt of the certificate or certificates of analysis required by this act. Provided, that OF OTHER OFFICERS. STATE CHEMIST. CHAP. 438, VOL. 17. whenever the manufacturer or importer shall have paid the fee herein required for any Proviso. than manufac-' State Chemist. procedure. SEC. 6. That any person or persons purchasing any fertilizers from any manu- Persons other facturer or venders in this State for their own use, and who, themselves, the pur- turers may subchasers, are citizens of the State, may, if they desire, submit fair samples of mit samples to fertilizers to the State Chemist, but in order to protect the manufacturers or venders from the submission for analysis of spurious samples, the person or persons selecting Mode of the same shall do so in the presence of one or more disinterested persons, which samples shall be taken from one or more packages, and bottled, corked and sealed in presence of said witnesses, and this sample package or bottle placed in the hands of a disinterested person, who is to forward the same at the expense of the purchaser to the State Chemist when the purchaser so desires, and upon the receipt by him of any such sample package the State Chemist is hereby authorized to demand and receive for such analysis five dollars and return to such purchaser or purchasers a certificate or cer- Certificate of tificates of analysis; the certificate shall in all cases set forth the components of said analysis. fertilizers with their respective quantities, date of analysis and the name or names of persons submitting the samples, and be signed by the State Chemist, who is hereby When verified required to keep an accurate account of the same, and the said certificates, or record, by affidavit, evidence. when verified by the affidavit of the State Chemist, shall be competent evidence in any court of law or equity in this State. Fee of State Contents. SEC. 7. Justices of the Peace shall have authority to bind persons offending against Justices of the this act in sufficient surety for appearance at court in accordance with the provisions of chapter 97 of the Revised Statutes of this State. Peace to bind offenders for appearance. SEC. 8. Any person or persons purchasing any fertilizer or fertilizing materials from Remedy of the any manufacturer or vender who shall, upon analysis by the State chemist, discover that persons defrauded by reason of he has been defrauded by reason of adulterations or deficiencies of constituent elements adulteration or deficiencies. either of quality or quantity in the fertilizer or fertilizing materials so purchased, shall recover in any action he may institute, upon proof of the fact, twice the amount paid to or demanded by the manufacturer or vender of the same; but in all cases where the vender is an agent of a manufacturer, or sub-agent of such agent, the judgment of the court shall be rendered against the manufacturer, unless upon trial the said agents are found to be guilty of frauds perpetrated. And in case the purchase is made of a manufacturer or of an agent of any person or persons residing out of the limits of the State of Delaware, manufacturing, compounding, prepa:ing and furnishing for sale any such commercial manures or artificially manufactured fertilizers, the purchaser thereof may at his option proceed by attachment, as is now provided by law in cases of non-resident and absconding debtors, against any property, rights or credits of any person or persons selling, manufacturing, compounding or furnishing said manures or fertilizers when such property, rights and credits can be found within the limits of this State. SEC. 9. The term "commercial fertilizer," as used in this act, shall be taken to mean Commercial ferany and every substance imported, manufactured, prepared or sold for fertilizing or manurial purposes, except barn-yard manure, marl, lime, ashes, and plaster, and chemicals used in compounding artificial fertilizers. tilizer defined. State Chemist shall publish. results of analysis. What publication SEC. 10. The State Chemist shall, during the months of April and August, publish, in two newspapers in each county in this State, the results of all analyses made by him other than those made under the provisions of section 6 of this act. Said published analyses shall set forth the percentage of ammonia, potash soluble in water, shall set forth. of available and insoluble phosphoric acid, with a statement of the commercial value of |