ers of Mil pose fine. OF THE GENERAL POLICE. Commission- to impose the fines hereinbefore mentioned, upon proof being ford to im- made before them that the provisions of this act have been violated, 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. to person 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 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. taking up estray. Penalty for forcibly tak impounded. SECTION 8. And be it enacted, That any person or persons who shall wilfully, or forcibly, or unlawfully take from such place of impounding cattle or horses therein placed, shall, upon complaint ing estrays 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. Pound mas SECTION 9. And be it further enacted, That it shall be the duty for the aforesaid Town Commissioners of the town of Milford to 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 beforepointed. 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. sation. 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 Inconsistent inconsistent with this act are hereby repealed, and this shall be acts repealed deemed and taken to be a public act. 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 Representatives 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. large in suffer the same to be at large out of such owners or keepers in- not 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; Impounding 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 all 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. Certain persons not to suffer ani OF THE GENERAL POLICE. CHAPTER 25. ESTRAYS. SEC. 1. Certain persons not to suffer animals of SEC. 4. After notice no person to suffer such the cow kind to run at large. 2. Horses not to run at large. 3. What persons cau suffer one cow to rnu animals to run at large. 5. Penalty. Proviso. 6. Act how construed. 7. Act to apply to certain roads. An Act to restrict certain animals from running at large in Brandywine Hundred. 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 actual possession, in fee, by lease, or otherwise, of five acres or 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. run at large. Horses not to 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 Brandywine hundred. What perfer one cow sons can suf to run at large. suffer such SECTION 3. That no other resident of said Brandywine hundred, or but one member of the family of such resident, shall suffer more than one animal of the cow kind owned or held by 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 animals to 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. run at large. Penalty. SECTION 5. Every person wilfully suffering animals to run at large contrary to the provisions of either of the foregoing sections 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 OF TITLES TO REAL PROPERTY. Proviso. 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. structed. to certain 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. 286. 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 56, 86 of the Revised Code, viz: Sec. 14 of Rev. Code. Proceeds, Provided, That in case of division of such proceeds, the Chancellor shall have discretionary power, if in his opinion no lien how to be 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 chap construed. ter 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. Filing of pe partition. To whom OF TITLES TO REAL PROPERTY. CHAPTER 27. PARTITION OF INTESTATE LANDS. SEC. 1. Petitions for partition may be filed in SEC. 1. Of the order and appointment of Free vacation. To whom presented. holders. An Act to authorize proceedings for Partition of Intestate Lands, to be begun in vacation. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That titions for petitions for partition of intestate real estate, or to lay off dower, and for partition of the residue, may be filed in vacation as well as in Term time, and when filed in vacation they may be prepresented. sented to the Chancellor or to the Judge of the Orphans' Court resident in the county where the lands lie; who shall grant an of the order order for, and appoint the Freeholders to make such partition, or' to assign dower and make partition of the residue; and thereupon an order for partition, or for the assignment of dower and Order when partition of the residue, shall be issued returnable to the next returnable. term of the court, and like proceedings shall be had therein as in other cases. and Free holders. Passed at Dover, February 17, 1866. CHAPTER 28. OF CONVEYANCES. Rev. Code, 268. Rev. Code, 26S. SEC. 1. Section 10 Chap. 83, amended. SEC. 1. U. S. Consuls in foreign countries authorized to take acknowledgment of Deeds, &c. An Act to amend Chapter 83 of the Revised Statutes of the State of SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That 83 Rev. Code Chapter 83 of the Revised Statutes be and the same is hereby amended. amended by inserting in the fourth line of Section 10, after the Sec. 10 Chap. word "State," as follows: "before any Consul General, Consul or commercial agent of the United States, duly appointed in any foreign country at the places of their respective official residence;" also by inserting in the eighth line of the said section, after the word "his," the word "office." Passed at Dover, January 30, 1866. |