OF PUBLIC LANDS.

CHAPTER 7.

OF PUBLIC LANDS.

1

certain cases

United

Dover Feb. 19, ,

And the act

Dover Feb.

AN ACT to repeal the act entitled “An Act to provide for the relinquish- Current vol.

ment, in certain cases, to the United States of title to lands for sites of P. II. Light Stations on the coasts and waters of this State," passed at Dover The “ Act during the present session of the Legislature, on the 19th day of Febru- to provide for ary, 1875, and to re-enact and amend the act repealed thereby.

quishment in Be it enacted by the Senate and House of Representatives of States, or the State of Delaware in General Assembly met That the act title to lands entitled "An act to provide for the relinquishment, in certain Light cases, to the United States, of title to lands for sites of light the coasts stations on the coasts and waters of this State," passed at and waters

of this State," Dover during the present session of the legislature on the passed at 19th day of February, 1875, be and the same is hereby re- 10.1875) pealed ; and that the act entitled “ An act to provide for the repealed. relinquishment, in certain cases, to the United States, of title passed at to lands for sites of light stations on the coasts and waters 2. 1871, of this State," passed at Dover on the 2d day of February, chapa. and

(. 173 1871, and repealed by the act aforesaid, be and the same is repealed by hereby re-enacted, revived and restored in its original force, vived and effect and operation in all its provisions as fully and effectually re-enacted. as if the same had not been repealed and substituted by the act aforesaid ; and that all acts done and all proceedings that have at any time heretofore been instituted, incepted and com- Saving menced, or that may hereafter be instituted and commenced under and pursuant to any of the provisions of it, may be continued, prosecuted and completed pursuant to the provisions of it as they now exist, and as hereinafter amended by this act, as fully and effectually as if it had not been repealed or substituted by the act aforesaid. And also, that the said act Amendment hereby re-enacted and restored in all its original force, effect acted act. and operation as aforesaid, be and the same is hereby amended by adding and subjoining thereto, at and immediately after the conclusion of the first section thereof, the further following proviso : And a special jury to assess the value of said Special jury lands, and the damages the owner or owners thereof will sus- damages tain by reason of their condemnation and appropriation to the ordered by United States, shall be ordered by the Superior Court upon Court

the Superior the application of either party to the proceeding for that purpose, at their option respectively, instead of empanelling a jury for such purpose as is now solely provided for in said section; and the mode of striking or selecting such special jury Mode of

strikingihe shall be as follows, viz: The party applying for the special special jury jury shall give ten days notice to the opposite party and to

.

to the re-en

OF PUBLIC LANDS.

List of

furnished.

Alternate

a party not

Notice of the prothonotary of the said court, of the time and place of
the time and
place of

striking such jury ; at which time and place the prothonotary
striking such
jury.

or his deputy, or if the prothonotary be not indifferent be-
tween the parties, then two persons indifferent between the
parties, appointed by the court, or any judge thereof, shall at-

tend with a list of thirty-six indifferent and judicious citizens jurors to be

of the county, qualified to serve as jurors, showing their
names and places of abode. The party applying for the spe-
cial jury, his agent or attorney, shall first strike out one of

said names, and then the opposite party, his agent or attorney, striking by

shall strike out another, and so on alternately until each shall the parties have struck out twelve. Manner of

If the opposite party shall not atstriking for tend, nor any person on behalf of such party, or shall refuse attending, or

to strike, the prothonotary or his deputy, or the persons aprefusing to

pointed to strike the jury, as the case may be, shall strike for strike.

the party not attending or refusing to strike. After each Who sh:ll be party shall have struck twelve names, the remaining twelve the special persons on said list shall be the special jury to assess the value

of the lands in question, and the damages which the party in
the case owning them will sustain by reason of their condem-

nation and appropriation to the United States. They shall qualified. be duly sworn or affirmed to perform their duty in the case

with justice, fairness and impartiality, before proceeding to Shall make the discharge of it. When made and completed, they shall

return their assessment, in writing, duly signed by them, into writing Court ; and all the proceedings under the said act hereby re

enacted and revived as aforesaid, both prior and subsequent to
the proceeding by special jury as herein provided for, shall
be and remain in all respects as is provided for in the said act
last mentioned and referred to, except so far as the same is
hereby altered, qualified and amended, and no further; and in

any edition of the laws hereafter published, the same shall be published as

published as hereby amended. And it shall be the duty of jury juns special such special jury to locate and fix the way over the said lands

to and from any light house or buildings to be erected therelands to and on ; and of the United States to erect and maintain good and light

lawful fences around the said light houses and buildings, and
on either side of the way to and from the same.

Passed at Dozer, March 18. 1875.

How

return to the Court in

Act to be

amended

locate the

way over the

from any

house, &c., The United States shall erect fences, &c.

OF PUBLIC LANDS.

CHAPTER 8. *

OF PUBLIC LANDS.

AN ACT to provide for the relinquishment, in certain cases, to the United

States, of title to lands for sites of Light Stations on the coasts and waters of this State.

a

newspapers.

SECTION 1. Be it enacted by the Senate and House of Rep-Mageer of

condemning resentatives of the State of Delaware, in General Assembly lands for met, That whenever it shall be made to appear to any light houses, Superior Court of this State, or any judge thereof, in vacation, upon the application of any authorized agent of the United States, that the said United States are desirous of purchasing any tract of land, not exceeding ten acres, and the right of way thereto, within the limits of this State, for the erection of a light-house, beacon-light, range-light, or light-keeper's dwelling, and that the owner or owners of said lands are unknown, non-residents, or minors, or from any other cause are incapable of making a perfect title to said lands, or in case the said owners being residents and capable of conveying, shall, from disagreement in price, or from any other cause whatever, refuse to convey said lands to the United States, it shall be the duty of the Superior Court in and for the county Notice of in which the lands so designated to be purchased are situated, to be

application or of any judge thereof in vacation; to order notice of the said published in application to be published in one or more newspapers of the State, once in each week for the space of four months, which notice shall contain an accurate description of the said lands, together with the names of the owners or supposed owners, How long. and shall require all persons interested in the said lands to What to appear at the next term of the Superior Court for the county Objections to after the expiration of said notice, on a day to be specified in be filed said notice, and file their objections, if any they have, to the proposed purchase; and at the time specified in said notice it shall be the duty of the said Superior Court to empanel a jury to assess the value of said lands, and the damages the owner or owners thereof will sustain by reason of their con- Damages

be paid demnation and appropriation to the United States ; which Court to be amount, when so assessed, together with the entire costs of

f deposited in said proceedings, shall be paid into Court, to be deposited by the Court to the credit of the owner or owners in the Farmers Order directBank; and thereupon the said Superior Court shall make an in the citi te order directing the sheriff of the county to execute to the United States, and deliver to their authorized agent, a deed of said lands, reciting the proceedings in the case, which said

Jury.

OF PUBLIC LANDS.

Proviso.

to assess

may be

Court.

Mode

jury.

to be furnished.

Alternate

deed shall convey to the United States a valid title to the
said lands against all persons whatsoever : Provided that no

land shall be appropriated to the United States, under this act, Special jury upon which there is any burial ground or place of interment.

And a special jury to assess the value of said lands, and the damages

damages the owner or owners thereof will sustain by reason
ordered by
the Superior of their condemnation and appropriation to the United States,

shall be ordered by the Superior Court upon the application
of either party to the proceeding for that purpose, at their op-

tion respectively, instead of empanelling a jury for such pur-
striking the pose as is now solely provided for in said section ; and the
special jury. mode of striking or selecting such special jury shall be as fol-
Notice of lows, viz : The party applying for the special jury shall give
the time and ten day's notice to the opposite party and to the prothonotary
place of
striking such of the said court, of the time and place of striking such jury" ;

at which time and place the prothonotary or his deputy, or if

the prothonotary be not indifferent between the parties, then List of jurors two persons indifferent between the parties appointed by the

court, or any judge thereof, shall attend with a list of thirty-
six indifferent and judicious citizens of the county, qualified
to serve as jurors, showing their names and places of abode.

The party applying for the special jury, his agent or attorney,
the parties shall first strike out one of said names, and then the opposite
striking for party, his agent or attorney, shall strike out another, and so
a party not on alternately until each shall have struck out twelve. If the
attending, or
refusing to opposite party shall not attend, nor any person on behalf of

such party, or shall refuse to strike, the prothonotary or his
deputy, or the persons appointed to strike the jury, as the case
may be, shall strike for the party not attending or refusing

to strike. After each party shall have struck twelve names, the special the remaining twelve persons on said list shall be the special

jury to assess the value of the lands in question, and the dam-
ages which the party in the case owning them will sustain by

reason of their condemnation and appropriation to the United qualified

States. They shall be duly sworn or affirmed to perform their Shall make duty in the case with justice, fairness and impartiality, before

proceeding to the discharge of it. When made and completed, writing they shall return their assessment, in writing, duly signed by

them, into court; and all the proceedings under the said act

hereby re-enacted and revived as aforesaid, both prior and subjuhe special sequent to the proceeding by special jury as herein provided jury

for, shall be and remain in all respects as is provided for in the the lands to said act last mentioned and referred to, except so far as the anch fromany same is hereby altered, qualified and amended, and no further.

And it shall be the duty of such special jury to locate and fix States shall the way over the said lands to and from any light-house or select fences, buildings to be erected thereon, and of the United States to

erect and maintain good and lawful fences around the said

strike.

be

jury

!

How

return to the Court in

locate the

over

light house, &c

OF PUBLIC LANDS.

reserves certain

light-houses and buildings, and on either side of the way to and from the same.

SECTION 2. That the sovereignty and jurisdiction of this The State State shall extend over any lands acquired by the United States under the provisions of this act so far as that all civil jurisdiction. and criminal process issued under authority of any law of this State may be executed in any part of the premises so acquired, or the buildings or structure thereon erected.

Passed at Dover, February 2, 1871.
Repealed, February 19, 1875.
Revived, re-enacted and amended, March 18, 1875.

CHAPTER 9.

OF THE PASSING

AND PUBLICATION OF LAWS AND OF JOURNALS.

AN ACT to revive and extend the time for recording private acts.

Amended Code, 1874, 22.

WHEREAS, by chapter 4, section 3, of the Revised Statutes Preamble. of the State of Delaware, it is provided that private statutes, (namely, such as are not of a public nature or published as such) shall be recorded in the recorder's office in one of the counties of this State, within twelve months after their passage, or they shall be void, and,

WHEREAS, a number of the private and unpublished acts heretofore passed, have been allowed to become void through ignorance of the aforesaid enactment, therefore, for the purpose of relieving the parties interested, of the embarrassments and disappointments arising from such neglect in the premises, therefore,

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That all unpublished acts heretofore passed, retired which have not by special acts been repealed, and that have become void on account of not being duly recorded, in compli

Private Acts not recorded

.