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8

dreds

ho

Adred

Of

COL

mis

sioners.

Their
election.

Proviso.

Of the

Road com-
missioners.

Their election.

Proviso.

assessment

and collection

of taxes in said hundreds.

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LAWS OF DELAWARE.

CONCERNING LIMITS.

village of Townsend, in or at the hotel now occupied by James C. Townsend, and the election for the said Blackbird hundred shall be held at Blackbird, at the place now authorized by law for holding elections in Appoquinimink south election district. All laws of this State that apply to hundreds in New Castle county as such, shall apply and extend to the said

Appoquinimink hundred, and the said Blackbird hundred, as

separate and distinct hundreds.

SECTION 2.

hundred, as formed by this act, shall each have one com-
missioner of the Levy Court and Court of Appeal as now
That Appoquinimink hundred and Blackbird
provided for by law, and at the next general election to be
held in the year A. D. 1878, one commissioner of the Levy
Court and Court of Appeal shall be elected for Blackbird
hundred, and at the general election in the year A. D. 1878,
one commissioner of the Levy Court and Court of Appeal
shall be elected for Appoquinimink hundred, as formed by this
act.
But this section shall not be construed to affect in any
manner, the office of any commissioner of the Levy Court or
Court of Appeal, in Appoquinimink hundred, as now exist.

SECTION 3. That Appoquinimink hundred and Blackbird
hundred as formed by this act, shall each have three road
commissioners, and at the next hundred election, in the year
A. D. 1876, two road commissioners shall be elected for each
of the hundreds formed by this act, and at the hundred elec-
tion, in the year A. D. 1878, one road commissioner shall be
elected for each of the hundreds aforesaid.
shall not be construed to affect in any manner the office of
road commissioner in Appoquinimink hundred, except, how-
ever, that the road commissioner elected in 1874,in each elec-
tion district of Appoquinimink hundred, shall, after the hun-
But this section
dred election aforesaid in the year A. D. 1876, duly exercise
jurisdiction in the hundred in which they respectively reside.
The road commissioners shall, until after the hundred election
aforesaid, in 1876, alternately meet in the two hundreds formed
by this Act.

SECTION 4. That the assessment, levying and collection of
taxes in the said hundreds hereby formed by this act, until
the month of February, A. D. 1876, shall be made in the same
manner as heretofore, and the passage of this act shall in no way
impair the right of any collector to complete the collection of
duplicates or assessments in his hands for collection, or which
may hereafter be placed in his hands for collection in the same
manner as if this act had not been passed. Nor shall this

CONCERNING LIMITS.

act affect in any manner the liabilities or official bond of any such collector.

The Levy
Court shall,

of Appe

hundred

lists for the

formed by

SECTION 5. That the Levy Court of New Castle county from the shall, from the assessment of Appoquinimink hundred, in the assessment month of March, A. D., 1876, cause a duplicate or assessment quinimink list of the persons and property, real and personal, in Appo- make quinimink and Blackbird hundreds, as formed by this act, to assessment be made,and the assessment lists so made shall be the assess- hundreds ment lists for the said Appoquinimink and Blackbird hun- this act. dreds as formed by this act, and the taxes,annually, upon the By whom persons and property contained in such lists, shall be collected such lists by the collectors of said hundreds. In making such assessment collected. lists and adjusting the same, whenever the lands of any per- crossed by sons are crossed by the dividing line aforesaid, said lands the said shall be included in the assessment of that hundred where the shall be mansion dwelling house is situated.

the taxes in

shall be

Where lands

dividing line

assessed.

Constable

to continue

SECTION 6. That the constable and trustees of the poor, and trustees heretofore appointed for Appoquinimink hundred, shall con- of the Poor tinue in office,and act as such, until their respective terms of in office office shall expire or become vacant.

until terms expire.

SECTION 7. The Levy Court of New Castle county shall, Appointin the year A. D., 1876, at the proper times and annually thereafter, appoint one trustee of the poor, one collector and one constable for each hundred formed by this act.

Passed at Dover, March 9, 1875.

ment of one
trustee of
the Poor, one
constable
and one
collector
for each
hundred.

CHAPTER 5.

OF PUBLIC LANDS.

How the
United

States may

AN ACT to cede to the United States title to, and jurisdiction over lands for sites of light-houses, beacons, life saving stations, or other aids to acquire title navigation within the limits of the State of Delaware.

to, and jurisdiction over, land this State,

SECTION 1. Be it enacted by the Senate and House of Repre- belonging to sentatives of the State of Delaware in General Assembly met, for the site That whenever the United States shall desire to acquire a title

of any light house, &c.

Proviso.

The ceded lands, &c.

from Laxation.

to

OF PUBLIC LANDS.

land of any kind belonging to this State, whether covered by the navigable waters within its limits or otherwise, for the site of any light-house, beacon, life saving station, or other aid to navigation, and application is made by a duly authorized agent of the United States, describing the site or sites required therefor, the Governor of the State shall be authorized to convey such site or sites to the United States, and to cede to the United States, jurisdiction over the same; Provided that no single tract desired for any light-house, beacon, or other aid to navigation shall contain more than ten acres, or for any life-saving station more than one acre.

SECTION 2. And be it further enacted, That all the lands, rights and privileges hereby authorized to be ceded, and all to be exempt the buildings, structures, improvements, and property of every kind erected and placed thereon by the United States shall be exempt from taxation so long as the same shall be used for the purposes before mentioned.

The State

reserves

certain

When the

ceded land

shall revert

to the State.

SECTION 3. And be it further enacted, That this act shall in no manner abrogate or interfere with the jurisdiction and sdiction. right of this State to serve and execute any legal process, civil or criminal, within the limits of any tract of land hereby authorized to be ceded for the purposes aforesaid; and that the title to any land hereby authorized to be ceded as aforesaid, shall escheat and revert to the State, unless the construction thereon of the light-house, beacon, life saving station, or other aid to navigation, for which it is ceded, shall be commenced within two years after such conveyance shall be made, and shall be completed within ten years thereafter; and this act shall take effect from the date of its passage.

Passed at Dover, Feb. 9, 1875.

OF PUBLIC LANDS.

CHAPTER 6.*

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:

Manner of

erection of

&c.

the Peace

appoint free

assess the

SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Delaware in General Assembly met, That whenever the United States are desirous of purchasing condemning any tract of land not exceeding ten acres, and the right of lands for the way thereto within the limits of this State for the erection of light houses, a lighthouse, beacon light, range light or light-keeper's dwelling, and that the owner or owners are unknown, non-residents or minors, or from any cause are incapable of making a perfect title to said lands, or in case the said owners being residents, and capable,shall, from disagreement in price, or from any cause whatever, refuse to convey said lands to the United States, it shall be the duty of any justice of the peace residing in the Justices of hundred wherein said land or lands is situated, if there be any, shall, upon if not, then the nearest justice of the peace residing in the application, county wherein said land is situated, upon the application of holders to the owner or owners of said land, or any agent of the United damages. States, to appoint six judicious and impartial freeholders residing in the hundred wherein said land is situated, who shall, after being duly sworn or affirmed, and due notice given to parties interested if their residence be known, go upon the Notice to said land at the time designated in such notice, and assess the interested. value of said land and the damages which the owner or owners may sustain by reason of their condemnation and appropriation to the United States. It shall also be their Freeholders duty to locate the right of way thereto and assess the damages the right of which the owner or owners of the lands on which or over which way, and such right of way shall be located will sustain thereby. The damages said freeholders shall certify their finding and award to both parties, but if either party be dissatisfied with the valuation Award. and damages so assessed, such party may, on application to the prothonotary of the Superior Court of the State of Delaware Either party in and for the county wherein the land is situated, within may sue out thirty days after such assessment, sue out a writ of ad quod quod damnum requiring the sheriff in the usual form to inquire of damnum.' twelve impartial men of the hundred wherein said land is situated, of the damages aforesaid, and also of the valuation aforesaid, and their report shall be final, which amount, when Proceedings

*This chapter is repealed by chapter 7, current volume, Delaware Laws.

† So enrolled.

the parties

also to locate

assess the

therefor.

certified.

if dissatisfied

a writ of ad

thereunder final.

When damages may be deposited in Farmers Bank.

OF PUBLIC LANDS.

so assessed, shall be paid by the United States to the parties. entitled, capable of receiving the same. And in case any owner of lands necessary for the purposes aforesaid, shall be a minor or non-resident, or for any cause incapable of receiving, or annulling* or neglecting to receive said valuation or damages, the agent or agents of the United States may deposit the amount of said valuation and damages to the credit of such owner or owners in the Farmers Bank of the State of DelaStates shall ware, subject to his or their order. The expenses of the assessment or assessments aforesaid, shall always be paid by the United States, Provided, however, that no land shall be appropriated to the United States under this act, upon which there is any burial ground or place of interment.

United

pay the

expenses. Proviso.

The State

reserves

certain

SECTION 2. That the sovereignty and jurisdiction of this State shall extend over any lands acquired by the United jurisdiction. States under the provisions of this thist act so far as that all civil 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 structures thereon erected.

The United

maintain

fences.

SECTION 3. And be it further enacted, That the United States shall States shall make a good and lawful fence around the ground so condemned and appropriated as aforesaid, and shall also make a similar fence upon either side of the right of way, and keep the same in good repair.

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SECTION 4. That chapter 173, vol. 14, Laws of Delaware, published under chapter 11 of the Revised Statutes of the State of Delaware of 1852, as published in 1874, entitled “ Of Public Lands" be and the same is hereby repealed, made null and void, the same being supplied by this act.

Passed at Dover, February 19, 1875.

*So enrolled.

*So enrolled.

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