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OF THE GENERAL POLICE.

Notice to
Commission-

him unknown, then notice shall be given to the Commissioners of the town of Milford, or to some one or more of them, and the said cattle or horses shall in either case be delivered to the percepe of Milson whom the said commissioners may appoint to take charge of them.

SECTION 2. And be it enacted, That it shall be the duty of the Commissioners of the said town of Milford to provide some suitable place for the safe-keeping of such cattle or horses as may be found running at large within the limits hereinbefore mentioned, and to appoint some suitable person to take charge of such place of impounding, whose duty it shall be to take proper care of all such cattle or horses as may be entrusted to him, and Impoundwho shall be responsible to the said commissioners for their safekeeping, who shall pay him out of the funds belonging to the said town such compensation as may be agreed on between them.

SECTION 3. And be it enacted, That if the owner or owners of such cattle or horses so found and impounded shall, after said notice given, refuse or neglect to pay the fines and costs hereinafter imposed, then it shall be the duty of the clerk of the said commissioners, or the person having charge of the said place of impounding, to advertise the said cattle or horses for sale, giving Advertise five days notice from the time of said impounding to the day of ment of sale. sale, but if the person or persons owning the same shall, before the day of sale, pay all the fine and costs hereinafter provided, then the said cattle or horses shall be delivered up without sale.

SECTION 4. And be it enacted, That when the cattle or horses so found running at large and impounded shall belong to or be in the custody or use of any person or persons residing within the said limits, then the fine for the first offence shall be one dollar; for the second offence, one dollar and fifty cents; for the third offence, two dollars; and for the fourth offence, three dol- or the fine. lars; and also for the said fourth offence, the cattle or horses so impounded shall be sold at public sale, after five days notice from the day of impounding, by the keeper of said place of impounding or by the clerk of the said commissioners, and after deducting all expenses of impounding, keeping and selling the said cattle or horses, the remainder of the amount for which the same shall sell shall be paid over to the owner or owners thereof.

SECTION 5. And be it enacted, That when the cattle or horses so found running at large and impounded shall belong to or be in the custody or use of any person or persons residing outside of the limits herein before named, then the fine for each and every of the fine of the cattle or horses so running at large and impounded, shall not presiding be one dollar for each offence.

SECTION 6. And be it enacted, That the Commissioners of the said town of Milford, for the time being, are hereby authorized

within said limits.

OF THE GENERAL POLICE.

estray.

Commission to impose the fines hereinbefore mentioned, upon proof being ford to im- made before them that the provisions of this act have been vio

lated, and also to tax such costs for impounding, keeping and selling such cattle or horses as may be impounded and sold as in their judgment may seem proper and right.

SECTION 7. And be it enacted, That the fee of one dollar for Fee of $1.00 each and every of the cattle or horses impounded shall be paid taking up by the said commissioners to the person or persons who shall

take them up and deliver them to the keeper of the place of impounding

SECTION 8. And be it enacted, That any person or persons who

shall wilfully, or forcibly, or unlawfully take from such place of Porcibly ok. impounding cattle or horses therein placed, shall

, upon complaint ingrostiaga

. by the person keeping said place of impounding, or by one of

the commissioners of the said town, before any Justice of the Peace in and for Kent county, be fined the sum of ten dollars, half to be paid to the person making complaint, and the other half for the benefit of the said town of Milford, to be collected as all other fines and costs imposed by Justices of the Peace.

SECTION 9. And be it further enacted, That it shall be the duty

for the aforesaid Town Commissioners of the town of Milford to Pound mas appoint some person whose duty it shall be to impound all cattle ter, how ap or horses which they may see running at large in the before

named limits, and the said person, so impounding, shall be His compen- entitled to one dollar for each animal so impounded, and shall be

paid by the aforesaid town commissioners.

SECTION 10. And be it enacted, That all acts or parts of acts. Inconsistent inconsistent with this act are hereby repealed, and this shall be

deemed and taken to be a public act.

Passed at Dover, January 26, 1866.

sation.

acts repealed

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An Act to prevent Horses, Mules and Colts from running at large within

the town of Lewes, in Sussex County. SECTION 1. Be it enacted by the Senate and House of Represen

tatives of the State of Delaware in General Assembly met, That. Horses, &c., the owner of any horse, mare, gelding, colt, or mule, who shall

OF THE GENERAL POLICE.

suffer the same to be at large out of such owners or keepers in-note to run at closed grounds, within the limits of the town of Lewes, in Sussex Lewes, County, shall forfeit and pay to the State, one-half for the use of the Penalty town of Lewes, and the other half for the use of the informer or person impounding any such horse, mare, gelding, colt, or mule, the sum of five dollars, to be recovered with costs of suit before any Justice of the Peace for said county.

SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of any and every Constable resident in the said Town of Lewes, and of any and every officer of Police of the said town, upon information coming to their knowledge, either by personal observation or otherwise, of any violation of the provisions of the preceeding section, to cause said animal or animals of the kind above described to be forthwith impounded; notice of such impounding shall be given to the owner or owners Notice. thereof in writing, if known, and if not known by five notices posted in five of the most public places in said town, describing the animal by general description, and the owner shall in addition to the fine imposed by the first section of this act, pay to the officer impounding the same the sum of one dollar and all costs which may or has accrued for keeping the same.

SECTION 3. And be it further enacted by the authority aforesaid, That if the owner or owners of any such stock so impounded, as provided by Section 2 of this act, do not before the expiration of five days from the time of the impounding of any stock in conformity with this act, come forward, prove their property and pay the person so impounding the said sum of one dollar and ail costs, the officer shall advertise the property for sale by giving Of sale. public notice thereof for the space of ten days, posted three in the town of Lewes, and three others in Lewes and Rehoboth hundred. The sale shall be by public auction, and the money arising from the sale thereof, after deducting all costs and fees, shall be paid over to the owner of such stock so sold, and if the person to whom the same belongs shall refuse to accept the same, the officer having it in charge may deposit the same in the Farmers' Bank of the State of Delaware, at Georgetown, or, when changed, the National Bank at Georgetown, or by whatever name it may be called, to the credit of the person entitled to the same, and such deposit shall discharge and acquit the officer from all liability to that extent.

Passed at Dover, January 30, 1866.

OF THE GENERAL POLICE.

CHAPTER 25.

ESTRAYS.

Sec. I. Certain persons not to suffer animals of Ser. 4, After notice no person to suffer such the cow kind to run at large.

animals to run at large. 2. Horses not to run at large.

5. Penalty. 3. What persons can suffer one cow to rna

Proviso.
at large.

6. Act how construed.
7. Act to apply to certain roads.

An Act to restrict certain animals from running at laryo in Brandywine

Hundred.

Horses not to

to run at

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

SECTION 1. That no resident of Brandywine hundred, holding Certain per

actual possession, in fee, by lease, or otherwise, of five acres or sons not to more of land in or near said hundred, and no member of a family mals of the the head of which shall hold land as aforesaid, shall suffer any cow kind to animal of the cow kind, owned or held by such resident, to pasture

or run at large upon the public roads of said hundred, and no non-resident of said hundred shall suffer any animal of the cow kind to pasture or run at large on the public roads of said hundred.

SECTION 2. It shall not be lawful for any animal of the horse ran at large. kind to pasture or run at large on the public roads of Brandy

wine hundred.

SECTION 3. That no other resident of said Brandywine hun. What perar dred, or but one member of the family of such resident, shall fer one cow suffer more than one animal of the cow kind owned or held by large. such resident to pasture or run at large upon the public roads of

said hundred.

SECTION 4. That no person shall suffer any animal of the cow

kind owned or held by such person to pasture or run at large After notice on the roads of said hundred, after notice in writing, signed by no person to three or more landholders of the school district wherein said

owner or holder resides, shall have been served on said owner either personally or by leaving the same at the residence of the party, to the effect that such animal is breachy and unfit to be at large.

SECTION 5. Every person wilfully suffering animals to run at

large contrary to the provisions of either of the foregoing sections Penalty.

of this act, shall be liable to a penalty of one dollar per head for each and every day such animal or animals do so run at large, to be recovered by suit, before any Justice of the Peace in New Castle county, made by any party interested, one-half of said penalty to be paid to the prosecutor and the other half to the Road Commissioners of the hundred, and the owner or holder of such animal or animals running at large contrary to the provi

animals to run at large.

OF TITLES TO REAL PROPERTY.

Provino,

structed.

sions aforesaid, shall also be held liable for all damages committed by said animals, to be recovered in like manner for the benefit of the damaged party: Provided said penalty or damages be sued for within twenty days after each transgression or trespass.

SECTION 6. Nothing in this act shall be construed to interfere Act how conwith or prevent parties from proceeding with such animals as provided in the laws concerning strays.

SECTION 7. That the provisions of this act shall apply to Act to apply "Vandever Avenue" and the "Marsh Road," roads belonging to roads. Cherry Island Marsh Company.

Passed at Dover, January 31, 1866.

CHAPTER 26.

OF JOINT ESTATES AND PARTITION.

Rev. Code, 286.
SEC, 1. Addition to Sec. 14 of Chap. 86.

Proceeds, how ordered to be paid.

Sec. 2. Chapter, how construed.

Publication,

Rev. Code.

Proceeds,

An Act to amend Chapter 86 of the Revised Code, and for other purposes. Rev., Code,

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Addition to the following be added as an amendment to Section 14 of Chapter Chapter 86, 86 of the Revised Code, viz:

Provided, That in case of division of such proceeds, the Chancellor shall have discretionary power, if in his opinion no lien how to he will be rendered insecure thereby, to order the same or a part

paid. thereof to be paid over to the party entitled. Any practice in the Court of Chancery corresponding with this amendment is hereby approved and made valid.

SECTION 2. And be it further enacted, That the aforesaid chapter shall hereafter be read and construed as hereby amended, and Chapter how in any edition of the laws hereafter to be published shall be Publication. printed at the end of the section aforesaid.

Passed at Dover, February 6, 1866.

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