OF OTHER OFFICERS. INSURANCE COMMISSIONER. CHAP. 347, VOL. 16. directly or indirectly, to aid in transacting the business of insurance permitted by this act without first obtaining from the Insurance Commissioner a certificate of authorChap. 439, vol. 17. ity, [under penalty of a fine of not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both, at the discretion of the court.] Seal of office Seal of office SEC. 8. The " Insurance Commissioner" shall have a seal of office like that now of commissioner. used by the Secretary of State, except thaf it shall be surrounded by the words "Insurance Commissioner of the State of Delaware." All certificates and other official papers shall be accompanied with an impression of this seal. Any instrument carefully shall accompany. executed by the "Insurance Commissioner" of this State, and authenticated by his seal of office, shall be received in evidence in the courts of this State, and copies of papers and records in his office so authenticated, shall be received as evidence with the same effect as the originals. Papers to be evidence. SEC. 9. If any person making an oath or affirmation required by this act, or if any Swearing falsely deemed perjury. person being or assuming to be an officer or agent of any insurance company, incorporated by this State, making any oath, or affirmation required by the insurance laws of any other State, shall swear falsely or make a false affirmation, he shall be guilty of How punished. the crime of perjury, and shall be subject to the punishment prescribed for perjury under the laws of this State. Any company or person otherwise violating this act shall How punished, be guilty of a misdemeanor, and upon conviction thereof, by indictment, shall be subject to imprisonment not exceeding one year, or a fine not exceeding one thousand dollars, or both, at the discretion of the court, and the Insurance Commissioner" shall suspend any company so convicted, or whose agent is so convicted, from doing business within this State, until the fine is paid. Violation. Chap. 598,vol.19. Fees to be paid to the insurance commissioner. SEC. 10. [There shall be paid to the Insurance Commissioner by every company to which this act applies, the following fees: For filing the declaration or certified copy of charter, ten dollars; for filing annual statement or printed report of the insurance commissioner of any of the states aforesaid, ten dollars; for each certificate of authority and certified copy thereof, two dollars; for every copy of any paper filed in his office the sum of twenty cents per folio of one hundred words, and for affixing the of ficial seal to such copy and certifying the same the sum of one dollar; for official examination of companies under this act, the actual expenses incurred; from which fees Compensation of the said insurance commissioner shall reserve to himself a sum not exceeding fifteen commissioner. What moneys to hundred dollars per annum, which sum shall be a full compensation for all the duties imposed upon him by the various laws heretofore and hereafter to be enacted, unless otherwise provided, including the superintending of the publication of his reports, and the fees collected as aforesaid over and above the said sum of fifteen hundred dolbe turned over to lars shall be turned over to the State Treasurer, at times and in the manner provided for State Treasurer. the transfer of other moneys collected by the said insurance commissioner and belonging to the State. The commissioner shall receive no compensation from the State except the necessary expenses of his office, such as postage, printing, stationery, &c., which may be allowed by the General Assembly.] Contingent expenses of commissioner, how paid. SEC. II. It shall be the duty of any officer receiving taxes from insurance comDuplicate receipts for taxes, panies or agents, under the laws of this State, to issue such company or agent, upon payment of such tax, receipts therefor in duplicate, and such company or agent shall thereupon deliver to the "Insurance Commissioner" one of said duplicate receipts, and the Insurance Commissioner" shall not issue a certificate of authority to do business in this State to any company in arrears for any tax due to this State, or to any agent who has not first obtained a proper State license from the clerk of the peace. Penalty for arrearages for tax due. CHAPTER 23, VOL. 16, LAWS OF DELAWARE. AN ACT TO CREATE A BOARD OF AGRICULTURE FOR THE STATE OF * ] of the Delaware Who shall Agricultural Society and their successors be and they are hereby constituted a State constitute. Board of Agriculture. SEC. 2. It shall be the duty of this board to collect facts, statistics, or other data Duties. SEC. 3. The members of said board shall receive no compensation for their services. CHAPTER 24, VOL. 16, LAWS OF DELAWARE. TAKING No compen sation. AN ACT TO REGULATE THE TIME AND MANNER OF THE BONDS OF THE CLERKS OF THE ORHHANS' COURT. SECTION 1. That every clerk of the Orphans' Court, appointed for either county of Clerk of the State, shall, before entering upon the duties of his office, become bound to the Orphans' Court of each county State of Delaware, with sufficient surety to be approved by one of the judges of said to give bond. court, by a joint and several obligation in a penalty of three thousand dollars, with When. condition as now required by law, and thereupon the said obligation shall be forthwith Surety. delivered to the recorder of the same county, to be recorded and filed in his office. Passed at Dover, March 19, 1879. CHAPTER 349, VOL. 16, LAWS OF DELAWARE. AN ACT TO AUTHORIZE THE GOVERNOR TO APPOINT A COMMIS- To be recorded. SECTION 1. That the Governor be and he hereby is, immediately after the passage Governor to of this act, authorized and empowered to appoint some suitable person, who shall be appoint Fish Commissioner. a citizen of this State, as a Commissioner of Fish and Fisheries, whose term of office shall be two years from the date of his appointment. Term of office. SEC. 2. That it shall be the duty of the said Commissioner to receive from the United Commissioner States Fish Commissioner, or from any other source, any eggs, spawn, fry, or other to receive spawn, &c. forms of food fish, and distribute the same in the waters of the Delaware in as nearly Distribution. equal proportions as may be. And it shall be the further duty of the said Commissioner Duty. to see that the laws of the State for the protection of fish are properly enforced. SEC. 3. [That the said Commissioner shall receive as compensation for his services Chap. 596,vol.19. the sum of five hundred dollars per annum, payable quarterly, out of which sum he Compensation; shall pay all necessary expenses incurred in the discharge of his official duties.] how paid. OF OTHER OFFICERS. FISH COMMISSIONER & DETECTIVES. CHAP. 596, VOL. 19 & CHAP. 47, VOL. 19. SEC. 4. That all acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. Passed at Dover, March 22, 1881. CHAPTER 596, VOL. 19, LAWS OF DELAWARE. AN ACT TO ÁMEND AN ACT ENTITLED "AN ACT TO AUTHORIZE THE CHAPTER 349, LAWS OF DELAWARE. SECTION 1. Inserted as specific amendment. VOLUME 16, * * Duties of commissioner. The said Commissioner of Fish and Fisheries shall have power and is hereby given authority to make arrests of persons violating the laws of this State in relation to fish call posse comi- and fisheries, and should he deem it necessary he may call in the aid of any person or Given power to tatus to his assistance. Report of com missioner to be made to next Legislature. Governor to appoint two detectives in New Castle county. Duty. Reports. To serve all requisitions. Expenses, how paid. Compensation, how paid. persons, boat or boats, vessel or vessels, with their crew as a posse comitatus in the enforcement of the laws of this State aforesaid. SEC. 3. The said commissioner shall present to the next Legislature a full statement or report in detail of the operation of his office and what may have been accomplished during his incumbency. Passed at Dover, May 3, 1893. CHAPTER 47, VOLUME 19, LAWS OF DELAWARE. AN ACT FOR THE MORE EFFICIENT PROTECTION AGAINST CRIME. SECTION 1. That the Governor, as soon as conveniently can be after the passage of this act, shall appoint two suitable persons, residents in the City of Wilmington, to be detectives for the county of New Castle. It shall be the business of the said persons to ferret out crime, and when not under orders from the Attorney-General, or his deputies, shall be subject to the orders of the Chief of police of the City of Wilmington. They shall make to the said Chief of police weekly reports of their doings. SEC. 2. They shall have authority to make arrests and serve writs anywhere in the State. SEC. 3. They, or one of them, shall serve all requisitions made by the Governor, and for this shall not receive any compensation, except for their actual expenses, which expenses shall be paid by the State Treasurer upon the production of their vouchers, which shall first be approved by the Attorney-General and the Secretary of State. SEC. 4. They shall receive for their services the sum of nine hundred dollars per annum each, payable in equal [monthly] installments by the Treasurer of the City of WilChap. 582, vol. 19. mington, and for this the City Council of said city is hereby required to make provision. Term of office. Removal from office. SEC. 5. They shall be appointed for the term of four years, but may be removed at any time, and for this purpose it shall be sufficient for written notices by and from [the Governor to be served upon them or either of them. Such notice so served shall be a revocation of the commission and the removal from office of them or either of them. Passed at Dover, May 14, 1891. OF RELIGIOUS SOCIETIES. CHAPTER 39. TITLE SIXTH. OF RELIGION, PUBLIC EDUCATION AND HEALTH. CHAPTER 39. Of religious societies. Chap. 100, vol. 11; Chap. 275, vol. 11; Chap. CHAPTER 40. Of the School Fund. CHAPTER 41. Of Sabbath Schools. Of Free Schools. Chap. 138, vol. 13; Chap. 369, vol. 16; Chap. 70, CHAPTER 43. Of Delaware College. Chap. 513, vol. 13; Chap. 48, vol. 14; Chap. CHAPTER 44. CHAPTER 45. Of College for Colored Students. Chap. 119, vol. 19. Of Reform Schools. Chap. 495, vol. 17; Chap. 198, vol. 18; Chap. CHAPTER 46. Of Infectious Diseases. SECTION 1. Any religious society or congregation of Christians, Incorporation. consisting of fifteen or more persons, may become incorporated by the election of trustees, not less than three and not more than twelve, and the taking of a name and certifying the same, under Name. the hands and seals of said trustees, to the recorder of deeds. SEC. 2. Such trustees shall be elected at a public meeting of the Trustees elected, society or congregation, held at their usual place of worship, on ten days' notice by advertisements at the front door of such place, and by a plurality of votes of the members present. Corporation. Powers. Majority. Vesting of property in. Vacancies. Chairman, Records. Registry of marriages, &c. Evidence, Treasurer. Security. Substitute. Rector, &c., a corporation. Mortmain restrictions. Limitation of property. OF RELIGIOUS SOCIETIES. CHAPTER 39. SEC. 3. The trustees so elected and their successors shall be a corporation, by the name so adopted and certified; shall have perpetual succession with all the incidents and franchises of a corporation aggregate, and with power to purchase, receive, hold and enjoy property, real and personal, for the use of the said society or congregation, their ministers or members, or for schools, almshouses or burying grounds. The act of a majority of the trustees shall be valid. SEC. 4. All the estate, right and title which any such society, or congregation, may have in any property, real or personal in themselves, or by trustees, or for their use before incorporation, shall, upon incorporation, become vested in the trustees, who may grant, demise, or dispose thereof. SEC. 5. Other trustees may be elected, and vacancies filled by election, as prescribed in section 2, and the election of a successor to any trustee shall remove him from office. SEC. 6. The trustees shall choose one of their number chairman. He shall have custody of the seal and all books and papers of the corporation, shall make fair entries therein of all the proceedings of the trustees, and every member of the society, or congregation, shall have access thereto. SEC. 7. The registry, kept in any such books, of marriages, births, deaths, or burials, shall be evidence in all courts; and the copy of any entry, certified under the corporate seal and hand of the chairman, shall be evidence. SEC. 8. The trustees may also choose one of their number treasurer, and may require him to give security. He shall receive and account for all the money of the corporation. If no treasurer be chosen, the chairman shall receive and account for such money. SEC. 9. The rector, wardens and vestrymen of any protestant episcopal church, on certifying their name, or style, as provided by section 1, shall be a corporation, with the franchise, rights and powers therein vested in trustees of other religious societies. SEC. 10. But all gifts, or grauts, to any such corporation, of any real estate, or of money, securities, or other thing of value, to be laid out in real estate, shall be by deed duly executed, delivered, acknowledged and recorded at least one year before the death of the donor or grantor, to take effect presently for the use of the corporation, and without any power of revocation, trust, condition, or limitation whatever, or the same shall be void, unless such grant shall be really and bona fide for a full and valuable consideration actually paid, without fraud, or collusion, before executing such deed. SEC. 11. The yearly rents and profits of the whole real estate held or enjoyed by, or for, any such corporation, shall not exceed three hundred dollars; and the yearly interest, or income, of all its personal property, shall not exceed six hundred dollars. |