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An Act to amend Chapter 125 of the Rerised Statutes of the State of Rex. Code,

Delaware.

amended

SECTION 1. Be it enacted by the Senate and House of Represen- Se 23, tatives of the State of Delaware in General Assembly met, That Section 18 of Chapter 125 of the Revised Statutes of the State of Delaware be and the same is hereby amended by striking out all after the word “Constable,” in said section, and inserting in lieu thereof the following:

" For attendance upon the Superior Court, Court of Oyer and Constables Terminer, and Court of General Sessions of the Peace and Jail Delivery, each day, to be paid by the County Treasurer upon certificate of attendance under the hand of the Clerk, the sum of two dollars, and three cents per mile going and returning. A constable shall not be allowed for attendance upon two courts sitting at the same time.

"For attendance on the Levy Court, each day, to be paid [by the] county, two dollars, and three cents per mile, going and returning

" For attendance as bailiff on petit or special jury during trial, until verdict, fifty cents."

SECTION 2. And be it further enacted, That Section 19 of said Sec. 13, Chap chapter be and the same is hereby amended by striking out all after the word "bailiff" in said section, and inserting in lieu thereof the following:

“For attendance upon a court by a bailiff, not being a con- Bailif. stable, two dollars per day, and three cents per mile going and returning, to be paid by the County Treasurer upon certificate of attendance under the hand of the Clerk of the Court."

Passed at Dover, March 22, 1867.

amended

FEES.--CRIMES AND PUNISHMENTS.

CHAPTER 167.

OF THE FEES OF COUNTY TREASURERS.

Revised Code, H41.
SEC. 1, Section 33 of Chapter 123 amended.

SEC. 1. County Treasurer.

Bev. Code, An Act to amend Chapter 125 of the Revised (ode, entitled

Fees of Public Officers.

Of the

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Be it enacted by the Senate and House of Representatives of the

State of Delaware in General Assembly met, Sec. 33, Chap

SECTION 1. That Section 33 of Chapter 125 be amended by

striking out after the words, “Kent and Sussex counties,” in the County first line of said section, the word " four," and inserting in lieu

thereof " two and one-half.”'

Passed at Dover, February 5, 1867.

Treasurer.

CHAPTER 168.

ONCERNING THE PUNISHMENT OF NEGROES AND MULATTOES.

Sec. 2. Inconsistent laws repealed.

Preamble.
EL. 1. Punishment of Negroes and Mulattoes to

be the same as Whites.

Preamble.

An Art concerning Free Negroes and Free Mulattors. WHEREAS slavery or involuntary servitude, except as a pun. ishment for crime whereof the party shall have been duly con. victed, 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,

SECTION 1. That from and after the passage of this act, upon Punishinies: 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 tie Revised Statutes of the State of Delaware, entitled “Of Crimes White's 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, lauku That all acts or parts of acts inconsistent with this acť be and reseaiad. the same are hereby repealed.

Passed at Dover, March 12, 1867.

Inconsistrat

CHAPTER 169.

OFFENCES AGAINST PRIVATE PROPERTY

Revised Code, 470.
Sec. 1. Section i, Chapter 125 ameuded.

SE. 1. Burning grain, &.

An Act to amend Chapter 128 of the Rrvised Slulutos of the Date of Kex. Cota,

Delaware, rutilma " Offences agninst Prirate Property."

12 out 1

SECTION 1. Be it enacted by the Senate and House of Represene- sec. 5, C.., tatives of the State of Delaware in General Assembly met, That Section 5 of Chapter 128 of the Revised Statutes of the State of Burnius Delaware, entitled “Offences against Private Property," be and graia, & 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.

OF CRIMES AND PUNISHMENTS, &c.

CHAPTER 170.

OF THE PROTECTION OF CEMETERIES.

An Act for the Protertion of C'emeteries, Grare-yards, and Places of

Burial.

Be it enacted by the Senate and House of Representatives of the

State or Delaware in General Assembly met : Penalty for 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.

WHARVES IN THE CITY OF WILMINGTOX.

Votant, idi.
m.!. (riginal act amended by adding a 9th

Section

SEX. 1. Bounders fixed or sel, &c., to be deemed

public bounders. Penalty for injury to. Proviso.

Au Amendment to the act entitled "An Act to regulate the Building of

Tharres in the City of Tilmington."

11 Vol. 181.

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.

amended.

Bounders fixed or set,

building of Wharves in the City of Wilmington,” be amended Original act by adding thereto a 9th section, as follows, viz:

The several posts, mark stones and bounders 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 hounadopted as land-marks, from which the wharf lines were to be ders. computed and measured, shall be deemed public bounders; and if any person shall wilfully break, pluck up, or remove any of Penalty for

injury to 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.

CHAPTER 172.

OF THE CITY OF WILMINGTON.

Revised Code, 209
Spr. :. Section 47 Chapter 73 amended.

Sr; 1. Donations io tre companies increased.

An Art to amend Section 47 of Chapter 73 of the Revised Statutes, en- Rev. Code,

titled · Of the City of Wilmington."

209.

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

SECTION 1. That Section 47 of Chapter 73 of the Revised Sec. char. 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 fre compan; 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.

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