MISCELLANEOUS. CHAPTER 133. One of said Terms of office. peach growers as "Peach Commissioners" for their respective hundreds. commissioners shall be appointed for one year from the first of May, A. D. 1891; one for two years from the first of May, A. D. 1891; and one for three years from the first of May, 1891; and until his successor shall be duly appointed. Upon a vacancy Vacancies. occurring by any cause it shall be filled by a new appointment for the unexpired term. When a full term expires by its own limitation it shall be filled by an appointment for three years; and so on successively. SEC. 2. It shall be the duty of said commissioners, on the application of five peach Duty of growers of the hundred, to make two careful and searching examinations and inspections Commissioners. of all peachtrees within the respective hundreds during each year. The first shall be made Inspection of trees, when between the fifteenth of April and the fifteenth of May; and the second between the made. fifteenth of July and fifteenth of August in each year; provided that the first examination and inspection may be made any time prior to the first of June, A. D. 1891. SEC. 3. The said commissioners shall mark, or cause to be marked, every tree, Marking of wherever found, having the disease know as "the yellows," and immediately notify the trees. owner thereof in writing. The notices shall give the number of trees so diseased, and their location, with reasonable certainty. If the owner resides in the hundred, the owners, to whom delivered. notice shall be delivered to the owner himself if at home; but if not, it shall be suffi cient to fasten it to the front door of the mansion house or dwelling. But where the owner does not reside in the hundred and there is a tenant in occupancy, the notice may be served upon him in the same manner and with like effect as if he were the owner, and where there is neither owner or tenant in possesion, the notice shall be fastened to the front door as above required, and a copy shall also be mailed to his address. Notice to SEC. 4. Every owner shall, as soon as practicable, after such notice has been given Duty of owners. as aforesaid, pull up, remove and destroy every tree so diseased, so that not a vestage thereof shall remain. If the notice be given on or before the first of June, the trees Pulling up of shall be pulled up and destroyed prior to the fifteenth of July following; and if after trees. the first of June and prior to the fifteenth of August, they shall be pulled up and destroyed not later than the fifteenth of October following. Trees may be SEC. 5. Trees so ordered to be pulled up and destroyed may be used for firewood. SEC. 6. That any owner who, after being notified as aforesaid, shall neglect or re- used. fuse to pull up and destroy such diseased trees within the time specified, shall be guilty Neglect or refusal to pull of a misdemeanor, and upon conviction thereof shall be fined not less than ten nor up trees a misdemeanor. more than fifty dollars; and besides shall be liable in damages to an adjacent owner Fine, etc. who may suffer loss on account of such neglect or refusal. Visits to orchards SEC. 7. Immediately after the fifteenth of July and the fifteenth of October in each year, the said commissioners shall again visit each and every orchard in which they had found diseased trees, to see whether or not they have been pulled up and dePulling up trees stroyed; and if they have not, the said commissioners shall forthwith hire men and by Commisteams to have it done, and as soon as done they shall prosecute all delinquents for their neglect or refusal to comply with the law. sioners. SEC. 8. The expenses which may be incurred by the commissioners in pulling up Expenses, etc., and destroying diseased trees as aforesaid, as well as the pay of the commissioners how paid themselves, shall be paid out of the State treasury on warrants drawn thereon by the commissioners, and accompanied by a certificate of the clerk of the peace of the proper county that a full and itemized account of such expenses and of their time has been filed in his office. SEC. 9. For every day necessarily and properly employed in the discharge of the Pay of Com missioners. Advertising MISCELLANEOUS. CHAPTER 133. duties imposed by this act, each commissioner shall be paid the sum of two dollars, and for a half day so employed, one dollar, to be paid as provided in Section eight, immediately preceding. Provided, that before drawing their warrants for their pay they shall also file with the clerk of the peace a report of their inspection and work. This report shall state the number of orchards visited, the whole number of trees, and the number of those diseased and destroyed. SEC. 10. Without excluding other symptoms or evidence of "the yellows," the presence of the small willowy twigs or water shoots and premature fruit shall be conclusive proof of the existence of the disease. SEC. 11. For anything lawfully done by the said commissioners, or any other person authorized by them, this act shall be a complete protection, and may be pleaded in bar in any action brought against them. SEC. 12. The commissioners shall not be charged any fee for their commissions hereby authorized to be isued to them. SEC. 13. In case the commissioners shall at any time find trees affected with "yellows," and evidently undergoing a thorough course of remedial treatment, with indications of success, they may, in the exercise of their judgment, suspend condemnation of such trees until the next examination. SEC. 14. Chapter seven hundred, Volume eighteen of the Laws of Delaware is hereby repealed. SEC. 15. This act shall take effect from and after October 1, 1891, but shall not apply to New Castle county, nor to Duck Creek or Kenton hundreds in Kent county. Passed at Dover, May 6, 1891. CHAPTER 283, VOL. 19, LAWS OF DELAWARE. AN ACT IN RELATION TO THE PAYMENT OF CLAIMS AGAINST THE SECTION 1. That from and after the first day of July A. D. 1891, no claim against the State of Delaware for printing shall be allowed by any committee appointed by the Legislature, nor by any other committee by whomsoever appointed, unless such claim is accompanied by the written order or approval of the proper officer authorizing the same. SEC. 2. That from and after the first day of June, 1891, it shall not be lawful to executive proc- pay any newspaper for more than two insertions of any executive proclamation unless specially authorized by the proper authority to do so. lamations. Certain marsh lands exempt from taxation. Passed at Dover, May 15, 1891. CHAPTER 522, VOL. 16, LAWS OF DELAWARE. AN ACT TO ENCOURAGE IMMIGRATION TO THE STATE OF DELA- SECTION 1. All unimproved marsh lands lying adjacent to the Delaware Bay or any of its tributaries within this State that are not now assessed at more than two dollars per acre, when purchased and located upon by colonies of immigrants, composed of ten or more families, shall be exempt from the assessment and payment of State and county taxes for a period of ten (10) years from and after the date of first purchase and occupancy. Passed at Dover, April 8, 1881. SEC. REPEAL OF THE STATUTES HEREIN REVISED. CHAPTER 134. TITLE TWENTY-FIRST. SECTION 1. The revised code of the public statute laws of this State, is comprised in the preceding chapters 1 to 133 inclusive. Revised code. All the provisions contained therein, shall take effect and go into operation from and after the first day of January next; except only Date. such chapters, or parts of chapters, as to which a different provision is expressly made. From that date, this code shall be received in use, and shall supersede all prior statutory acts and clauses therein revised, and hereby repealed. SEC. 2. All the statutes, or parts of statutes, mentioned and de- Acts repealed. scribed by title and date, or other reference, in this section, shall be and the same are hereby repealed from and after the first day of January next; with the exceptions and limitations hereinafter ex- Jan. 1, 1893. pressed, to wit: An act declaring the effect of certain expressions in acts of as- Dig. sembly, 1829. An act to provide for recording acts and resolutions of the general assembly, not of a public nature, and for other purposes, 1825. A supplement to said act, ch. 573, 1851. A supplement to said act, ch. 586, 1851. 31 10 vol. 572 An act to confirm the title of lands heretofore purchased by aliens Dig. who have since become naturalized, and for other purposes, 1799. An act concerning aliens, 1829. An act concerning apprentices and servants, 1827. A supplement to said act, ch. 78, 1845. An act to amend said act, ch. 598, 1851. An act for assigning bills and specialties 1726 to 1736. A supplement to said act, 1811. An act for the relief of special bail, 1829. An act directing the manner of suing out attachments within this government, 1770. An act to amend said act, ch. 141, 1832. An additional supplement to said act, 1823. 32 33 34 8 vol. 312 10 vol. 69 REPEAL OF THE STATUTES HEREIN REVISED. CHAPTER 134. An act concerning attornment and warranty, 1829. A supplement to the act to amend said act, ch. 296, 1835. A supplement to said act, ch. 82, 1845. An act concerning bail, 1829. 1812. An act to prevent the increase of banking companies, 1811, An act to prohibit the issuing and circulation of small notes, 1818. An act for the continuance of certain banks therein mentioned, and for securing payments in specie by the said banks, to persons holding their notes, 1820. An act securing payment by the banks of this State of their notes in specie, 1824. An act concerning the maintenance of bastard children, 1829. An act to prevent frauds by clandestine bills of sale, 14 Geo. 2. An act regulating proceedings upon public recognizances and bonds, and upon specialties containing a penal sum, 1827. An act against removing land marks, 1726 to 1736. An act concerning the perpetuation of evidence respecting the bounds of lands, 1829. An act for marking and bounding lands, 1796. An act concerning constables, 1829. An act to amend the said act, ch. 139, 1832. A supplement to the said act, ch. 2, 1835. An act to amend said act, ch. 193, 1847. An act about contracts and assumptions, 25 Geo. 2. An act concerning the office of coroner, 1829. An act for expediting suits against corporations, 1829. An act concerning costs in civil suits, 1829. An act concerning costs in criminal cases, 1823. An act for the establishing courts of law and equity within this government, 1726 to 1736. An act for the better regulation of the Supreme Court within this government, 1760. An act to regulate the courts in this State, 1793. An act to regulate certain proceedings in the Court of Chancery, in the Orphans' Court (and in the register's court, and to compel justice's of the peace to furnish copies of their records,) 1806. An act about defalcation, 13, Geo. 2. An act concerning awards; to regulate the summoning and returning juries and the lessening the expenses thereof; (to repeal the savings in certain acts of limitation; to confirm the title of lands of REPEAL OF THE STATUTES HEREIN REVISED. CHAPTER 134. the husband conveyed by husband and wife, and to direct the examination of such wives); to authorize the Court of Chancery to order lands to be sold; (to fix a limitation for appeals from decrees in equity), 1811. A supplement to said act, ch. 415, 1849. A further supplement to said act, ch. 476, 1851. An act for regulating the trial of causes by special juries, and for other purposes, 1810. An act to repeal the act entitled "An act directing the mode of selecting and returning jurors, and for other purposes," 1821. 10 vol. 421 An act appointing the places of holding the courts, 1829. A further supplement to the act entitled, "An act to alter the times of holding the courts of law and equity in this State," 1826. An additional supplement to said act, ch. 318, 1835. An act authorizing and requiring the register of the Court of Dig. Chancery to open and adjourn said court in certain cases, 1827. An act for more effectually punishing and discouraging offences committed in taking vessels out of the harbors of this State, 1782. An act to prevent trespasses being committed on the lands of the north-east side of Lewes creek, called the Cape, in the county of Sussex, 1799. A supplement to said act, 1813. An act more effectually to secure the payment of public claims, and for other purposes, 1809. An act to prevent the disturbance of camp meetings held for the purpose of religious worship, 1818. An act providing for the punishment of certain crimes and misdemeanors, 1826. A supplement to said act, ch. 70, 1831. A further supplement to the said act, ch. 272, 1833. An additional supplement to said act, ch. 214, 1839. 469 119 121 121 122 8 vol. 355 123 123 124 125 125 126 127 412 10 vol. 392 A further supplement to said act, ch. 362, 1841. A further supplement to said act, ch. 390, 1849. An act concerning certain crimes and offences, committed by Dig. 149 slaves, and for the security of slaves properly demeaning themselves, 1827. An act to amend the "act providing for the punishment of certain crimes and misdemeanors," and the "act concerning certain crimes and offences committed by slaves, and for the security of slaves properly demeaning themselves," [and the act concerning awards, to regulate the summoning and returning juries," &c.,] 1829. An act obliging persons returned and appointed for constables to serve accordingly, and for ascertaining their fees, 1770. 156 157 |