Assistant In- cincts. For choosing the Assistant Inspectors each voter shall spectors, vote for one person as Assistant, and the two persons having the how elected. highest number of votes thus given shall be elected. Any ticket Temporary Inspector and Assistants, by whom and containing the name of more than one person for Assistant Inspector shall not be counted. SECTION 4. The City Council shall, at its first stated meeting in the month of August, in the year one thousand eight hundred and sixty-two, choose an Inspector and two Assistant Inspectors when chosen for each precinct, who shall be officers of the succeeding election in September, and shall hold the same under and subject to all the rules prescribed by law in reference thereto. At the annual election in September, in the year one thousand eight hundred and sixty-one, the voters in the 3d and 4th Wards shall not choose an Inspector, and two Assistants, as heretofore. Laws now in force to apply to precincts. SECTION 5. All the laws and regulations now existing in relation to the annual election by wards in September, shall be taken to apply and are hereby extended to the election hereafter to be held in precincts, as herein provided. Section 14 of SECTION 6. The 14th Section of Chapter 73 of the Revised Chapter 78 of Code is hereby amended by striking out the word "six," in the amended- fifth line thereof, and inserting the word "seven" in lieu thereof. Revised Code how. Mayor and diction. SECTION 7. The Mayor and Alderman shall separately have have concur- concurrent jurisdiction with the Mayor's Court of all offences rent juris- which shall be committed within the City, against any of the laws, ordinances, regulations, or constitution of the City, and to punish the offenders, as by the said laws, ordinances, regulations, or constitution of the City, are or shall be prescribed. Penalty on defendant refusing to obey judg ment of Mayor's Court. Right of appeal. Mayor and Alderman to have same SECTION 8. Upon failure of a defendant to satisfy any judgment which may be rendered by the Mayor's Court, the Mayor, or Alderman, against him, for the violation of a City ordinance, it shall be within the discretion of the officer rendering such judg ment to commit the defendant to the custody of the High Constable, until the judgment shall be fully satisfied; but any person so committed may, within three days thereafter, appeal from any judgment so rendered against him to the Superior Court of New Castle County. Such person appealing shall enter into recognizance, with sufficient surety, in such sum as the said Mayor's Court, Mayor, or Alderman, shall determine, conditioned for the due prosecution of the appeal, and for the payment of any judgment which may be rendered in said Court, against the appellant, or his executors or administrators. The filing of a transcript, modes of trial, and forms of proceeding, shall be as in cases of appeal from the judgments of Justices of the Peace. SECTION 9. The Mayor and Alderman of the City of Wilmington shall have the same authority that Justices of the Peace for the County of New Castle possess, and process issued by them Powers as may be executed by the Constable, or the police officers of the Justices of said City. Passed at Dover, February 27, 1861. the Peaco. CHAPTER 63. An Act to incorporate the Artizans' Savings Bank. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (twothirds of each branch concurring therein,) That Charles W. Howland, Eli Todd, Clement B. Smyth, George W. Bush, Wil- Members inliam S. Hilles, I. Franklin Vaugn, William Canby, Thomas W. corporated, Bowers, Leonard E. Wales, John P. McLear, James Scott, Joseph W. Day, Edward Moore, and all other persons hereafter becoming members of the Artisans' Savings Bank, in manner hereafter mentioned, shall be and are hereby created and made a corporation and body politic by the name and style of the Artizans' Name. Savings Bank, and by that name shall have succession for and during the term or period of twenty years, from the time of the passage of this act, and be capable by law to hold property, sue Corporate and be sued, plead and be impleaded, answer and defend, and be powers. answered and defended, in courts of law and equity, or in any other place whatsoever, and to receive and make all deeds, transfers, contracts, covenants, conveyances and grants whatsoever, and make, have and use a common seal, and the same to change and renew at pleasure, and generally to do every other act or thing necessary to carry into effect the provisions of this act and promote the designs of said corporation." election of when and Managers. SECTION 2. And be it further enacted, That the said corporation Annual shall annually, on the second Tuesday in February, in the City Managers, of Wilmington, or at such other place as by the by-laws may be where held. appointed, elect by ballot, from the members of said corporation, thirteen Managers, to serve for one year, or until their successors shall be chosen, who, during their term of office, shall have the Powers of sole management and direction of the affairs of said corporation. They shall elect one of their number to be President, and one to President, be Vice-President, and shall also appoint a Treasurer, and such dent. other officers as may be necessary for the conducting of the business of the corporation. They shall have the power to fill vacan- Vacancies. cies in their own body, and to make such by-laws and regulations for the government of the corporation as they may deem expe Vice-Presi Treasurer. Proviso. May receive money, and may invest the same. divided. dient, and to repeal or amend the same at pleasure: Provided, That no such by-laws or regulations shall be repugnant to the constitution or laws of this State, or of the United States. SECTION 3. And be it further enacted, That the said corporadeposits of tion shall be capable of receiving from any person or persons any deposit or deposits of money, and of investing the same in public stocks or other securities, for the benefit of the depositors. Profits, how The profits upon the said investments, after payment of necessary expenses, shall be divided among the depositors, at such times, and in such manner, as the Managers may appoint: and the deposits shall be paid back to depositors when demanded: Provided, nevertheless, That the by-laws may require reasonable previbe required. ous notice to be given by any depositor, intending to withdraw his deposit, or any part thereof. To return deposits. Managers any of the SECTION 4. And be it further enacted, That no member of the not to receive Board of Managers shall be entitled to receive any profit or profits, or emolument for his services as such, or be allowed to borrow any of the money part of the funds deposited with the corporation. borrow any Managers may elect new members. Present SECTION 5. And be it further enacted, That the Managers of said corporation, or a majority of those attending any meeting of the Board, may elect by ballot any other person or persons to be members of the said corporation, and the persons named in the Managers. first Section of this act shall be and are hereby constituted the Board of Managers until the second Tuesday of February, in the year one thousand eight hundred and sixty-two. Public act. To certify to the Governor. SECTION 6. And be it further enacted, That this act shall be deemed and taken to be a public act, and the corporation hereby created shall, within thirty days after its passage, certify to the acceptance Governor their acceptance of this act, and shall also, within the same time, pay to the Secretary of State, for the use of the State, the sum of ten dollars,. or this act, and the privileges hereby granted shall be void and of no effect. Passed at Dover, February 28, 1861. J. M. Phil. lips anthorized to straighten a public road. CHAPTER 64. An Act to authorize Capt. John M. Phillips to straighten a Public SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Captain John M. Phillips be, and he is hereby authorized and straightened empowered to change the location, and straighten that portion of How to be straightened Old road to SECTION 2. And be it further enacted, That the road so straight- Road when ened shall be a public road, and that the old road shall be vacated, to be public. and may be enclosed by the said Capt. John M. Phillips when- be vacated. ever the said new road shall be accepted by the Levy Court of Sussex County. SECTION 3. And be it further enacted, That this act shall be Public act. deemed and taken as a public act. Passed at Dover, February 28, 1861. CHAPTER 65. An Act in relation to the Town of Dover. Be it enacted by the Senate and House of Representatives of the Limits of State of Delaware in General Assembly met, as follows, to wit: town. SECTION 1. The limits of the Town of Dover shall be and are hereby declared to be the same as marked and designated on the plot of said town, made out by the Commissioners under the act entitled, "An act for establishing the boundaries of the Town of Dover, and for other purposes therein mentioned," passed at Dover, February 16, 1829, and as extended by the act entitled, "A further additional supplement to the act entitled, 'An act for establishing the boundaries of the Town of Dover, and for other purposes therein mentioned,'" passed at Dover, March 2, 1853. Alderman. It His duties. SECTION 2. The Justice of the Peace oldest in commission, resident in said town, shall be Alderman of said town, and ex officio a Town Commissioner and President of the Town Committee. shall be his duty to execute all laws enacted for the peace and good government of the town, and to carry into effect all the lawful orders and directions of the Town Committee, made in pursuance of any law of this State, or of any ordinance that the said Town. Committee may be empowered to make and establish. He shall His powers. have all the powers of a Justice of the Peace concurrent with said Justice within the town, and shall have jurisdiction and cognizance of all breaches of the peace and other offences in said town, so far ceed ten dol lars. as to arrest and hold to bail, or fine and imprison offenders, and all fines, forfeitures and penalties which may be prescribed by any law of this State, or by any ordinance of the Town Committee, regularly passed and established for the government of the town, and of all neglects, omissions or defaults of any Town Constable, Collector, Assessor, Treasurer, Town Clerk, or any other officer or person, whose duty it may be to collect, receive, pay over or account for, any money belonging to said town, or to execute or obey any law or ordinance thereof, Provided, That he No fine to ex shall not impose any fine exceeding ten dollars, or have jurisdiction in civil matters exceeding one hundred dollars, exclusive To convene of costs. It shall be his duty, at the request of any citizen, to mittee when convene the Town Committee for any purpose connected with requested by their duty. His fees for any service under this Section, shall be the same as those of a Justice of the Peace for a like service. The fee upon every conviction of a riotous, turbulent, or disorderly person, under the provisions of this act, shall be one dollar; and for any service or duty for which no fee may be provided by law, the fee may be established by the ordinance of the Town Committee; but the Alderman shall have no vote in establishing any such fees, nor upon any ordinance or question touching his compensation, or any duty to be performed by him. Town Com any citizen. His fees. Election of Town Com when and where held. SECTION 3. On the first Monday in March next, there shall be missioners, an election held in the Court-room in Dover, for four Commissioners of the Town of Dover, two of whom shall be elected for How many two years, and two of whom shall be elected for one year. There and for what shall also be an election held at the place aforesaid, on the first term. Monday of March, A. D. 1862, for two Commissioners, to suc to be chosen, ers to be holders. How long ceed those two elected for one year, as aforesaid, and to continue in office for two years; and there shall be an election held on the first Monday in March, in each and every year, after the year A. D. 1862, for two Commissioners, who shall continue in office for two years; so that after the first election herein before provided for, there shall be two Commissioners elected at the election Commission- in each year, for the term of two years. The Commissioners shall resident free- be resident freeholders in said town at the time of their election, Said election shall be opened at one o'clock and close at four o'clock, P. M. At such elections, every free white male citizen Who may residing in said town, who shall be of the age of twenty-one years and shall have paid the town tax last assessed to him, shall have the right to vote. Immediately after the election shall be closed, the votes shall be read out and counted, and the two persons having the highest number of votes, shall be elected. In case of a tie, the Alderman may give the casting vote. The election to be election shall be held by the Alderman and the two Commissioners who hold over. The Alderman shall receive the ballots, and deposit them in a box to be provided for that purpose, and the be kept open vote. Tie vote. held. |