Rev. Code, An Act to amend Chapter 125 of the Revised Code, entitled 444. Sec. 33, Chap 125 amended County Treasurer. Of the Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That Section 33 of Chapter 125 be amended by striking out after the words, "Kent and Sussex counties," in the first line of said section, the word "four," and inserting in lieu thereof "two and one-half.” Passed at Dover, February 5, 1867. Preamble. CHAPTER 168. CONCERNING THE PUNISHMENT OF NEGROES AND MULATTOES. Preamble. EL. 1. Punishment of Negroes and Mulattoes to SEC. 2. Inconsistent laws repealed. An Act concerning Free Negroes and Free Mulattoes. WHEREAS slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, is strictly forbidden to exist within the United States, or any place subject to their jurisdiction, by Article 13 of the Constitution of the United States; AND WHEREAS, though the said constitutional provision legalizes the selling of criminals into slavery or involuntary servitude, yet that slavery is virtually abolished by said provision, so that when a person is offered at public sale, as a servant, to the highest bidder as a punishment for crime whereof the party is duly convicted according to Title Twentieth of the Revised Statutes of the State of Delaware, entitled "Of Crimes and Punishments," the sale of said party is rendered impracticable for the want of bidders on account of said constitutional provision, thereby subjecting white persons to the extreme penalty OF CRIMES AND PUNISHMENTS. of the law, and subjecting them to a greater punishment than free negroes or free mulattoes; AND WHEREAS it is useless for a law to remain upon our statute book that is not executed; AND WHEREAS it is necessary and proper that free negroes and free mulattoes should be amenable to our laws as well as white persons; therefore Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met. of Negroes same as SECTION 1. That from and after the passage of this act, upon Punishme the conviction of any negro or mulatto of any of the felonies or and Mulatmisdemeanors enumerated and defined in Title Twentieth of the toes to be the Revised Statutes of the State of Delaware, entitled "Of Crimes Whites and Punishments," the penalty and punishment of said negro or mulatto shall be the same as is or may be provided by law for the penalty and punishment of white persons for like offences. SECTION 2. And be it further enacted by the authority aforesaid, coststeat That all acts or parts cf acts inconsistent with this act be and repealed the same are hereby repealed. An Act to amend Chapter 128 of the Revised Statutes of the State of Rev. Cod Delaware, entitled "Offences against Private Property." 475 128 amend 1 SECTION 1. Be it enacted by the Senate and House of Represen- sec. 5, Cla tatives of the State of Delaware in General Assembly met, That Section 5 of Chapter 128 of the Revised Statutes of the State of Buraia Delaware, entitled "Offences against Private Property," be and grain, &.... the same is hereby amended by inserting the words "corn fodder," between the words "hay" and "or." in second line of said section. Passed at Dover, March 4, 1867. 162 Penalty for injuries to OF CRIMES AND PUNISHMENTS, &c. CHAPTER 170. OF THE PROTECTION OF CEMETERIES. An Act for the Protection of Cemeteries, Grave-yards, and Places of Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. Every person who shall wilfully and maliciously burial places destroy, mutilate, deface, injure, or remove any tomb, monument, grave-stone, or other structure placed within any cemetery, graveyard or place of public burial, or any fences, railing, or other work for the protection or ornament of any tomb, monument, grave-stone, or other structure aforesaid, or of any cemetery lot within any cemetery, or shall wilfully and maliciously destroy, remove, cut, break, or injure any tree, shrub or plant within any cemetery, or who shall wilfully and maliciously destroy, mutilate, injure, or remove and carry away any flowers, wreaths, vases, or other ornaments placed upon or around any grave, tomb, monument, or lot within any cemetery, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, or by imprisonment for a term not exceeding six months, or both, at the discretion of the Court. Passed at Dover, February 19, 1867. CHAPTER 171. 11 Vol. 181. WHARVES IN THE CITY OF WILMINGTON. Vorme, isl. SEC. 1. Bounders fixed or set, &c., to be deemed Sec. 1. Original act amended by adding a 9th Section public bounders. Penalty for injury to. Proviso. An Amendment to the act cutitled "An Act to regulate the Building of Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That the act entitled, "An act to regulate the CONCERNING CITIES AND TOWNS. building of Wharves in the City of Wilmington," be amended Original act by adding thereto a 9th section, as follows, viz: amended. Bounders deemed ders. injury to. The several posts, mark stones and bounders fixed or set fixed or set, in the banks on either side of the Christiana river, by or under &c., to be the authority or direction of the said commissioners, and by them public bounadopted as land-marks, from which the wharf lines were to be computed and measured, shall be deemed public bounders; and if any person shall wilfully break, pluck up, or remove any of Penalty for said posts, mark stones, or bounders, such person shall, for every such offence, be proceeded against criminally, either in the State Courts, or before the Mayor's Court for the City of Wilmington, and upon conviction shall be adjudged to pay a fine of one hundred dollars or imprisoned for a term not exceeding six months in the county jail, or both, at the discretion of the Court: Provided, nevertheless, That the City Council of Wilmington may, in Proviso. a proper case in its judgment, upon written application, by ordinance or resolution, accord the right in any particular case, on terms or absolutely, to remove such post, mark stone or bounder. Passed at Dover, February 12, 1867. Revised Code, 209. CHAPTER 172. OF THE CITY OF WILMINGTON. | Sec. 1. Donations to tre companies increased. Spc. Section 47 Chapter 73 amended. An Act to amend Section 47 of Chapter 73 of the Revised Statutes, entitled Of the City of Wilmington." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Rev. Code, 209. 73 amended. SECTION 1. That Section 47 of Chapter 73 of the Revised Sec. 47, Chap Statutes of this State, entitled "Of the City of Wilmington," be amended by striking out all of said section, after the word "ex- Donations to ceed," and inserting in lieu thereof the words "one thousand is increased dollars to any one company annually." SECTION 2. All acts or parts of acts inconsistent with this act are hereby repealed. Passed at Dover, February 13, 1867. fire compan 10 Vol. 329. A Further Supplement to the act entitled, "An Act to limit the City Dent of Wilmington, and to provide for the discharge thereof," passed Feb. ruary 21st, 1849. Chancellor Justice au Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring), in compliance with the request of a public meeting of the citizens of Wilmington, specially called for the consideration of this question, and the tenor of this act having been approved by said meeting: SECTION 1. That for the purpose of enlarging, improving, and and Chief extending the Brandywine Water Works, either by the use of thorized to water or steam power, the Chief Justice and the Chancellor of Water Com this State are hereby authorized to appoint two suitable and judimissioners, cious freeholders of the City of Wilmington to act as Water appoint Vacancies. Official term. Powers of Commissioners of said city. In case of vacancy by death, resig. nation, or otherwise, during the term of office of said commissioners, the said Chief Justice and Chancellor shall make other appointments, but no person shall, at any time, be appointed without the concurrence of both of them, the said Chief Justice and Chancellor. The term of office of said commissioners shall continue until the enlargement and improvement of said Water Works shall be completed, but shall not exceed the space of three years without reappointment. SECTION 2. The power to enlarge, improve and extend the missioners Brandywine Water Works is hereby vested solely in said Water Commissioners. They may, in their discretion, purchase or obtain lands or water powers, build reservoirs, erect pumping machinery, use the streets of the City of Wilmington or the roads of the County of New Castle for laying pipes, control the water power now owned by the city, join, on behalf of the city, with other mill owners on the Brandywine in improving the water power thereof, and generally do such things on behalf of the City of Wilmington as are believed by them to be desirable and advantageous in the premises. Water Loan. SECTION 3. Upon two months' notice, by written application of said Water Commissioners to the City Council of Wilmington, |