FRIDAY, March 8, 1867---9 o'clock, .A.. M:: The House met pursuant to adjournment. Prayer by the Cha.plain. On motion of Mr. Bradford, The House bill entitled, ''An act to incorporate the Wilmington Brick :Ma.liufacturing ·Company," .Was read a. secondj,ime by its title, ~nd further, On his motion, Was referred. to the Committee on Corporations. On .motion of Mr/Wa.pies The Senate bilfentitled, ''An act to revive and continue in force and amend an act entitled, ''An act to incorporate the Town of Milton,'" · · Was read a second time by its title. On motion of :Mr. Bancroft, · The House bill entitled, "An act to amend Chapter 101 of the Revised Statutes of .the · State of Delaware," Was read a second time by its title.. · On motion of Mr. Davis,

. The House bill entitled~ . . ".An act to authorize the laying out a public road in Cedar Creek hundred, Sussex county," W a.a read a second time by its title. On motion of :Mr. Cooper, · The Senate bill entitled, ''.An act with. reference to the repair of the public road in Kent county, over Kersey's mill-dam, a.nd for other purposes," 4M

Was taken up for consideration. Wl'iereupon, Mr Cooper offered an aniendme1it to the Senate bill under Con­ sideration,. ·. Which, On his motion, .. was read, as follows : Amend the bill by striking out all after the word "session,?' in Section 1 of the bill. And further, On motion of Mr. Cooper, The. amendment to the Senate bill .. Was Acloptecl. Anet, 'thereupon, On the further motion of Mr. Cooper, The Senate bill was read a third time, a.nd by paragraphs, as amended, . And Passed the House. . ' . . . . . - . . ; . . . Ordered that the Senate beinformed thereof, and its concurrence in the House amendments requ~sted. · On motion of Mr. Johnson of Kent, The House bill entitled, ... An act to prevent .the improper distribution of .the Schoo.I F.und of this State," · · Was read a second time by its.title. · Mr. Bradford moved That when the House adjourns this day it adjourns to meet at 2 o'clock, P .. M., on Monday next: · . Pending which question, Mr. Bacon moverl . That when the House adjoums this dayita.djo~rns to m~etti.t 8.30 P. M., on Monday next, · . .. Which motion ·Was Lost. 465

The question then recurring on the motion to adjourn until 2 o'clock on Monday afternoon next,• It was decided in the affirmative, And the motion Prevailed. On motion of Mr. Reed, The House bill entitled, "An act to amend Chapter 39 of the Revised Code," Was re.ad a third time, and by paragraphs, in order to pass the House, And, On the question, ,C Shall this bill pass the House ?" Mr. Corbit called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Booth, Cooper,· Davis, Frame, Pratt, Reed and Mr. Speaker-7. Nays-Messrs. Bacon, Corbit, Johnson of Kent, Jones and Wa- ples-5. · So the question was decided in the affirmative, And the bill Passed the House. Ordered to the Senate for concurrence. Mr. Wolcott, Clerk of the Senate, being admitted, informed the · House that the Senate had. concurred in the following House bills and joint resolution, to wit: "An act to incorporate the Newark Woolen Manufacturing Com­ pany;" "An act authorizing John Williams to vacate a private road in Mis pillion hundred, Kent county;" "An act to amend an act entitled 'An act to amend the act entitled 'A supplement to Chapter 19 of the Revised Statutes of the State of Delaware, 'Of elections in Wilmington hundred;'" "An act to incorporate the Delaware Leather Manufacturing and Belting Company ; " · "An act to supply an -omission herein mentioned;" "An act to divorce Catharine M. Crock, late Catharine M. Kemp, and her husband, Michael Crock, from the bonds of matrimony;'' H30 466 ."An. act to incorporate the::Farmers' Market 'Company/ of New county;" and "Joint resolntion of adjournment sine die," An'lreforned-the same to the House . . , . . . .. He also informed the House that the Senate had concurred. in the following House bill, with an amendment, to wit : . "An act in relation to the Brandywine Water' Po~ei'Company,'' And requested the concnrrence ·of the.'iiouse therein. · .. . He also inf~rmed the Honse 'that th~ ·senate had non-concurred in the House bill entitled as follows; to wit : · "An act appointing commissioners to lay out.a public road partiy·. in Red Lion hundred and partly in New Castle hundred, in New Castle county," " : _,., And· returned the same to the House. · He also informed the House that the Senate had passed •and . requested the concurrence of the Honse in the following Senate bills/ ·to wit: · ''A snpp~eme~t 'to th~ act entitled,· 'An' act to incorporat{ the :Seaford Odd·Fellows'_Hall Company, at Seaford,' passed at Dover, · Febrnary 7, 1862 ;" •and · ''An• actto divide Murderkill hundred, in Kent county; into two . ·hundreds, to be called, respectively, North MurderkiU hundre«l ~nd .South Murderkill hundred," · · · · · · ·. 1 • 'And; presented'.. , the :same, to· the. Hou$e,• On motion .of Mr. Bacon, . The House -bill entitled, "An art authorizing ,the laying out a public road in Little Creek: :hundred, in ~ussex county," Was read a third time,· and by paragraphs; . ·And· Passed the House. . \ Ordered to the ·s~nate' for concurrence .. · On ~otion _of Mr. clohnson of Kent, The Senate bill entitled, ••An act in relation· to Murderkill. Creek," Was r~ad a third time; and. by paragraphs,· ..And_ Passed the Ho'l£8e. .467'

Ordered that the Senat~ be informed thereof, and the ,bilfrettirned to that body. · ·

On motion :of M1'. Frame; .• · . · Thi House ·bill entitleti, <. ,: . : ''An aot to divorce Nathaniel. Ingram from his w.ife, ·Ann Eliza · I .ngram, n .. · . . :. Was read a:':third tiin~, and by paragraphs, And · .· Pass_ed the ·1Iouse.: Ordered to th_e Senate for concurrence. . · On riiotio'n of Mr. Bacon; . ; The ·House bill entitled, i•An act to add to Chapter 65 of the Revised Cl (Extract from Journal.)· ' J. L. WoLCIOTT, . : (For concurrence.) ·· O~erlc of. Sena~e'.· ,And further, . , .. :,q~,?3otion of)\Ir., B_acon, ·T~e,Senate amendment Was · Ordered th11t the ~en ate'· be informed thereof.· .· Mr:· Davis, from the CJorrimittee on.R.oads and.Highways, to ~h~m . were referred the petition of certain citizens ·of. Sussex county, pray- , ing the passage of an. act for a new p,nl>lic road n~ar..Gnmbor-0, · · Broad Oreek hundred, and· the remonstrance against the same,· _'. . . Su~mitted a r~port,. . .. Which, On motion of Mr. Johnson of Kent~ 468

Was ·read, as follows : In behalf of .the committee to whom was. referred the petition of John W. Hickman and · others, praying an act to lay out· a new public road in Broad Creek hundred, and also the remonstrance of Isaac Wootten and otl).ers, against the passage of said act, we re­ port adversely to the prayer of the petitioners. (Signed) R. H. DAVIS, } Committee. M. A. JOHNSON, And further, Onmotion of Mr. Johnson of Kent,. The report of the committee Was ·Aaoptecl. On motjon of Mr. Frame, 'rhe Senate bill en(itled, "An act to divorce Mary A. L. Outten and John O.· Outten from the bonds of matrimony," ·· · Was read. On motion of Mr. Johnson of Kent, The House bill entitled, "An act to authorize Jacob R. Jones to straighten and change a certain public road on his own land in Broad Creek hundred, in Sus­ sex county," Was read a second time ·by its title. · On motion of Mr.. Reed, The House bill entitled, "An act in relation toi the judgment and continuance dockets of the Superior Court of Kent county, and the general indexes .to the same," · Was read a third time, and by paragraphs, And Passed the House. - . Ordered to the Senate for concurrence. · On motion of Mr. Corbit, The House bill entitled, ''An act relating to county assessments in New Castle county," Was read a second time by its title, 469

. And. further, On his motion, · Wasread a third time, and by paragraphs, by special order, And Passed the H9use. Ordered to the Senate for concurrence. On motion of Mr. Johnson of Kent, The House biU entitled, ·.. "An act to authorize the opening and making a new public road in Mispillion hundred, Kent county," · Was read a second time by its title. . . On motion of Mr. Johnson of Kent, The House bill entitled, "An act authorizing the laying out ajmblic road in Bro~d Creek hundred in Sussex county," Was read a second time by its title. On motion of Mr. Johnson of Kent, The Senate bilI entitled, "An act to divorce Ann Long and Phillip Long, from the bonds of matrimony," · · · · Was re1:td a second time by its title. On motion of Mr. Bacon, 'l'he House bill.e~titled; "An act to authorize the erection of a mill on Blackwater Branch, in Sussex county," was read a second time by its titl~ .. On motion of Mr. Reed, The House bill entitled, "An act to authorize the laying out a public .road ·in Dover hundred, Kent county," Was .read a second time by its title. Mr. Reed gave notice that he would, on to-morrow, or some ·future day, ask leave to introduce a bill entitled, "An act supplemental to the act entitled, 'An act to incorporate · the. Cooper Cemet~ry, of. Murderkill hundred, Kent county,' passed at Dover, March 5, 1867." .. On motion of _Mr. Bacon, The Senate bill entitled, . · ".An: act. to B'!llend. Ohapter: 61 of :Volume 13' of the' Dela~are . Laws,". , · · · ,ii,' Was read. - ''' · On motion.of l\Jr. Bacon,. The Senate bill entitled, •.ti. 1 suppiemen:t. to th~: a~'f eiititiedj'•Ai 'act i~ 'relatiotf tc/Free Schools,' passed at Dover, March 3, 1857," · · .Was read. On motion of Mr. Davis; ·.. ·· · Tl,ie House entitled, . ·- . . i,ni . ..,. ''.An act to authorize Willard Richardson and· ])avid S~ott :to change· the location of certain public roads. upon ,their own land in Milford hundred, 'Kent county, and. to open other' pnblic roads in lieu fhereof, at their own exJ.)ense," · · Was read a second time by its title... Ori motion·ofMr. Johnson:.of Kent; The House bill entitled, ".An' act appointing commis~ioners to lay ont a ne.w public road in :' Kent county," . _ · . · .· · · · · .··. ·,, · ,, Was read athird time, and by paragraphs-, . , ·, And Ordered to· the. Senate for conc.urrence. ·· On motion of Mr. Bacon, The Senate bill entitled,

'' ' ' ' \ ' ' '' ''. ' .. "'An aet. to revive.and continne ii:lforce·.. the act.entitled, 'Ana.ct to enable Josiah W. Oollins, John W; Short. and Bnrton Wes.t,to · · locate certain vacant lands in B,road .. Oreek hundred, Smisex county, Delaware, and complete ~heir title to . the ,nime,' passed at Dover,·· · February 18, 1851," · Was read. ' .· oii' iii?tion of '.Mr. Corbit, · The Senate bill entitled, ' 4.71 · ' ' .' "An act to amend Chapter 66 of the Eieventh Volume of the 'Delaware Laws, entitled, 'An act in relation to public roads and highways in Mill Creek hundred, in New Castle county,'" Was read. On motion of Mr. J ohrison of Kent, The Senate biU entitled, · "An act to authorize the laying out a new p.ublic road iri Murder. kill hundred " · · · , · · · · ' J ' Was read a third time, andby paragraphs, • And Passe

• Onmotion, · The House adjourned until 2 'o clock on Monday·afternoonnext.· 472

MoNDAY, March ii, 1861_:2 o'clock, P. M.

The House met pursuant to adjournment. '~The ~eaker being absent, On motion of Mr. Bradford, Mr. Waples was appointed Speaker pro tempore. The following members answered to their names : Messrs. Bancroft, Booth,. Bradford, Cooper, Corbit, Frame, 'Pil- ling, Pratt, Raymond and Waples. There being no quorum, On motion of Mr. Pilling, 'rhe House took a recess until 4 o'clock P. M.

4 o'clock, P. M. The recess having expired, The House was called to order. The Speaker in the chair. Mr. Reed gave notice that he would,· on to:mc:irrow or some future day, ask leave to introduce a bill entitled, "An act to authorize the bridging of Blackbird Creek, and for other purposes." • Mr. Reed presented tli.e petition of Giddiah Beauchamp and eleven others, citizens of Murqerkill hundred, praying the passage of an act supplemental to the act incorporating the Hudson. Branch Company, Which, On his motion, Was read, And further, On his motion, 473

Was referred to a committee of three, with leave to report by bill or otherwise. · · · . . .. . , · .. ' .. Whereupon, . Messrs Reed, Cooper and Waples were appointed said·coinmittee. ' ' , ' ' . Mr. Jackson, a member of the Senate, being admitted, informed the House that the Senate had p~ssed, and requested the concurrence -of the House in the following ,bills, to wit : · ''An act to authorize the sale of certain real estate 1n New Castle · ·~onnty,·Iate of William Truck, decease<1;;" and '.'An act to regulate the election of Trustees for the Plymouth Congregational Church and Society, in Kent county." . · · Mr. Bradford offered a resolution, Which, On his motion; Was· read, as follows : Resolved, That the Clerk of the Honse be and ·he is hereby au­ thorized and empowered to employ an Assistant Clerk for the re,· mainder of the present session, and that the Committee on Accounts is hereby directed to report an allowance for the compensation of .. said Assistant Clerk. · . Whereupon, On m.otio~ of Mr.. Pilling,_. The resolution was Adopted,: .·· On motio~ of Mr. Waples, · The Senate bill entitled, •• '.'An act to revive and continue in force.and amend an act entitled, ·•An act to incorporate the Town of Milton,'". . . Was read a third time, and by paragraphs, in order to pass the House, · And, On the question, " Shall this .bill- pass the Ho~se ?" The yeas and nays were ordered, . Which, being taken, were as follows : · '. Yeas-Messrs. Bancroft,· Booth, Bradford, Cooper, Corbit, Davis, Frame, Houston, Johnson of Kent, Jones, Pilling, Raymond, Reed,· Waples _and Mr. Speaker"--15. · · · 474

Nays-None. So the question was decided in the affirmative, And the bill, having received the constitutional majority, Passed the House. o·,:dered that the Senate be informed.thereof, and the bill returned· to that body.· · Mr. ·Reed, in pursuance· of previous notice, Asked, And, On motion of Mr. Jones, Obtained leave to introduce a bill entitled, ''An act supplemental to the act entitled, 'An act. 'to incorpo· rate the Cooper Cemetery of Murderkill hundred, K.ent county,' passed at Dover, March 5, 1861," · · Which, . On motfon of Mr. Reed, Was read, . And further, On motion qf Mr. Bradford, The bill. was read a second time by its title, by special order of. the House. · · Whereupon, On motion of Mr. Reed, , The bill was read a third time, and by paragraphs, by special order, with a view to pass the House. And, On the question, " Shall this bill pass the House ?" The yeas and nays were ordered, Which, being taken, were· as follows : Yeas-Messrs. Bancroft, Booth, Bradford, Cooper, ·corbit, Davis, Frame, Houston, Johnson of Kent, Jones, Pilling, Raymorid,·Reed,. Waples and Mr. Speaker-15. Nays-,-N one. So the question was decided in the affirmative, 475

And the bill, having received the constitutional majority,. Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Raymond, The Senate bill entitled, "An act to authorize the sale of certain real estate in New Oastle county, late of William Truck, deceased," · Was read. On motion of Mr. Bradford, The bill was read a second time by its title, by special order ofthc · House, And further, On his motion, Was referred to a committee of three. Whereup<>n, Messrs. Raymond, Bradford and Reed were appointed said com- mittee. · On motion of Mr. Reed, The Senate bill entitled, "An act to regulate the election of Trustees for the Plymouth Congregational Church and Society, in Kent county," · Was.read, And further, On his motion, Was read a second time by its title, by special order ofthe House. On motion of Mr. Pilling, ·The House bill entitled, "An act to incorporate the Diamond State Mutual Life Ins11iance Company," Was read a second time by its title, And further, On his motion, Was referred to the Committee on Corporations. 476

On motion of Mr. Bradford, 'The Honse bill entitled, "An act to amend the Charter of the City of. Wilmington," Was. read a· second time by its title. Whereupon, Mr. Bradford offered sundry am.endments to the bill, Which, On his motion, Were read, as follows: Amend the bill as follows : Strike out· the figure "2" after the word " Section,". in the first line of Section 2 of the bill, and insert in lieu thereof the figure " 1," Strike orit the figure " 3" after the word" Section,"in the first line of Section 3 of the bill, and insert in lieu thereof the figure·" 2." Strike out the words "seventy-five cents" in the eleventh line of Section 2, between the words ''of" and "and," and insert the words ·" one dollar." · Strike out all after Section 1 of the bill. On motion of Mr. Bradford, The amendments were Adopted. On motion of Mr. Pilling, The Senate bill entitled, '•An act to amend Chapter 66 of the Eleventh Volume of the Delaware Laws, entitled, 'An act in r,elation to public roads and highways in Mill Creek hundred, in New Castle county,'". Was read a second time by its title. Mr. Reed moved That the House bill entitled, "An act to pay clerks of courts for services heretofore rendered ·without compensation," · Be read a third time, and by paragraphB, in order to pass the House, Which motion Prevailed. Section 1 of the bill having been read, And, 477

On the question,. "Shall that be Section I of the bill ?" The yeas and nays were ordered, Which, being taken, were as follows : • Yeas-Messrs. Frame, Pilling, Reed and Mr. Speaker-;4. Nays-Messrs. Bancroft, Booth, Bradford, Cooper, ·corbit, Davis,. Houston, Johnson of Kent, Jones, Raymond and Waples-n · So the question was decided in the negative,· And Section 1 of the bill was Lost. And the bill was Lost. Mr. Wolcott, Clerk of the Senate, being admitted, informed the· House that the S.enate had

...... ~ - . . On. motion of Mr'., Houston; . The House .bill entitled,··· "An act to incorporate.the.Pokoinoke River· Improvemen~·Oom\.,. pany,'' , Was taken up for consideration, . Ana further; On his motion; · . . . ·. ...•.. · ....· .-· Was recommitted tc, the-special committee-already raised on,that · . subject. · · · · . ·_011 ·motion of Mr. Pilling;" The House biU entitled, , . . . ' ' ·... An actt&,tncorpora.te' Christiami ~odge, 'No. :'f/o( the lndepend- _. ent Order of Good Templars,.of the State of 'Delaware, in the :vJ.I;;;• lage .of ·Christiana," Was read athird time, and by paragraphs,.in ordetto pas~ the: Honse,· .. .And, Ou the question, -, .. Shall :this bill p·ass the: House'?" · The yeas and,:n.,ys wei:e.ordered, : Which, being taken, were as follows ·: . ... _ . __ . .. ·,· Yeas-MeSl!rs. Bancroft, Booth, Bradford,· Cooper, Corbit, Davis; .··. Frame, Houston, J obnson of· Kent, Jones, Pilling, Raymon4,· Reed, . Waples and Mr. Speaker-:-15...... _;., Nays-None. 479

-So.the question was decided in the affirmative, And the bill, having received the constitutional majority, · Passed the House. Ordered to the Senate for concurrence. Mr. Davis moved 'l'hat the House bill entitled, "An act to authorize Willard Richardson and David Scott to -change the location of certain public roads upon their own land in Milford hundred, Kent county, and to open other public roads in ,lien thereof, at their own expense," Be read a third time, and by paragraphs, in order to pass the House; ' Which motion Prevailed. Section 1 of the bill having been read, and adopted, and Section 2 read, · On the question, "Shall that be Section 2 of the bill ?" Mr. Johnson of Kent,_ called for the yeas and nays. Pending which quei:;tion, . Mr. Davis moved That the bill be recommitted, Whic'b, motion Prevailed, And the bill was Recommitted. · Mr. Davis moved That the House bill entitled, "An act to authorize the laying out a public road in Oedar Oreek hundred, in Sussex county," , Be read a third time, and by paragraphs; in order. to pass the House. · ·· Pending which question, Mr. Pilling moved · That the House do now adjourn until 8 o' clock this evening, Which motion · ,. . · · ·.. Was Lost.. · Whereupon, 480

Mr. Waples moved That the House.do now adjourn until half-past sev~n o'clock this evening, Which motion Prevailed. And, thereupon, The House adjourned until 'I! o'clock this evening.

SAME DAY-'r! o'clock, P. M. The ·House met pursuant to adjournment. Mr. Bradford Asked, And Obtained' the unanimous consent of the House to introdu~e ~ bill. entitled, "An act in relation to the Clerk of the Peace in and fbr New Castle county," Which,. On his motion, Was read, And, On his further motion, Was read a second time by its title, by special order of the House, .And further, On motion of Mr. Bradford, The bill was referred to,a committee of three. Whereupon, Me8srs. ,Bradford, Reed and Waples were appointed said com­ mittee: 481

On motion of Mr. Davis, The. House bill entitled, "An act to authorize the laying out a public road in Cedar Creek hundred, in Sussex county," Was read a third time, and by paragraphs, · And Passed the House. Ordered to the Senate for concurrence. Mr. Raymond Asked, And, Obtained the unanimous consent of the House to introduce a bill entitled, · "An act to amend the act entitled, 'An act authorizing the laying out of certain roads in Duck Creek hundred, in Kent county,'" · Which, .On his motion, Was read . . On motion. of Mr. Raymond, . The bill ;was read a second time by its title, by special order of the House, And further, On his motion, The bill was read a third time, and by paragraphs, by special order, And Passed the House •. , Ordered to the Senate for concurrence. Mr. Waples offered a joint resolution authorizing Edward K. Smith to furnish the necessary wood, coal, stationery, &c., &c., for the next session of the Legislature, . · . . Which, On his motion, Were read, And further, . On his motion, Was Adopted. H31 482' Whereupon, Mr. Bancroft moved, · 'l"liat the vote by which the j<>int resolution was adopted be :re- considered, Which motion Prevailed, And the vote was Reconsidered; And, thereupon, Mr. Cooper offered a joint resolntion appointing John D, Burton to purchase stationery, &c., for the next session of the General' As­ sembly, Which, On his motion, Was read, as follows : Resolved by the Senate and' House' of Representatives of the State of Delaware in General Assembly met, That John D.:Bnr­ ton be and he is hereby authprized and requested to purchase the necessary coal, wood, light~ stationery, &c., for. the next session of the General Assembly, and the State Treasurer is hereby .directed. to pay to the order of the said John D. Burton the sum of one hun­ dred dollars to enable him to carry into effect the provisions of this · resolution ; and the said John D, Burton is hereby directed to pre­ sent bis accounts and vouchers to the Legislature, at its next session, for allowance, And further, On. motion of Mr. Cooper, The joint resolution was referred to a committee· of five, Whereupon, Messrs. Cooper, Reed, Johnson of Kent, Pilling and Corbit were appointed said committee. · Mr; Corbit, from the Committee on;Enrollment, reported the fol­ lowing enrolled Houee bills as being duly and correctly enrolled, and presented the same to the Speaker of the House for his signature, to wit: "An act to provide for the laying out and establishing a new pub­ lic road in. the western part of Dover hundred, in Kent county, State of Delaware ; · ".An act to incorporate the Middletown Hall Company, of Mid­ dletown, .Delaware;" 488

"An act to authorize George W. CoIUns, of Sussex county, to locate certain lands in, North West Fork, hundred, in said: county, and to complete his title to the same;" "An a.ct to incorporate Hope Building and Loan Association, in the City of Wilmington ;" "A.n act to. incorporate the Middletown Building and Loan As- .sociation ; " and· · ' · · ''An act to promote the improvement of Farson's Branch, in Kent connty." · · He also reported the following enrolled Senate bill as being duly and correctly enrolled, and presented the same to the Speaker ofthe House for his signature, to wit: "An ~act concerning the election of School Committees in this State." . Mr. Bancroft presentedthe remonstrance of certain citizens of Christiana hundred . against the passage of an a.ct changing the voting district fa said hundred, Which, o~ his motion, Was referred, without reading, to the Committee on Elections. Mr. Pilling, from the Committee on Corporations, to whom was referred the House bill entitled, · · "An act to incorporate the Meredith's Branch Ditch Company," Reported the same back to the House without amendment, and with the recommendation that it pass. · Whereupon, . On his motion, The bill as read a third time, and by paragraphs,· in order to pass 'the House. · , And, On the question, " Shall this bill pass the House ?" The yeas and nays were orde1·ed, Which, being taken, were as follows : Yeas-Messrs. Allderdice, Bancroft, Booth, Bradford, Cooper, . Corbit, Davis, Eliason; Johnson of Kent, Jones, Pilling, Raymon~, Reed, Waples and· Mr. Speaker;_l5. · .Nays-None. . 484

So.the question was.decide~ in the affirmative, And the bill, having received the constitutional majority, . . Passed the· House. Ordered to the Senate for concurrence. Mr. Oooper presented the claim of Andrew Rash against the State of Delaware, Which, On his motio~, Was read, And further; On his motion, .J Was referred to the Committee on Claims. Mr. Davis· gave notice that he would, on to-morrow, or some fntrire day, ask leave to introduce a bill entitled, · · "A.n act to extend the jurisdiction of Justices of the Peace." Mr. A.llderdice offered a joint resolution to secure the publication . of the second volume of Houston's Delaware Reports," Which, On his motion, .Was read. On motion of Mr. Johnson of Kent, The House bill entitled, "A.n act to authorize the opening and making a new public road in Mispillion hundred, Kent county," Was read a third time, and by paragraphs, And Passeit the House.· Oraered to the Senate for concurrence. On motion of Mr. Bancroft, The House bill entitled, ''A.n ac.t to amend Chapter 101 of the Revised Statutes of the State. of Delaware," Was read a third time, and by paragraphs, in order to pass the House, 485

.And, On the question, "Shall this bill pass the House ?" The yeas and nays we're ordered, . . Which, being taken, were as follows :. · Yeas_,.Messrs. Bancroft, Davis, · Pilling, Raymond· R,eed and Waple~-6. . ' . . . ~ . ' · Nays-Messrs. Allderdice, Booth, Bradford, Cooper, Corbit, Elia­ son, Johnson of Kent, Jones and Mr. Speaker-9. So the question was decided in the negative, And the bill was Lost.

Mr. Bradford, from the Committee on Corporations,·to whom was referred the House bill entitled, . \ · "An act· to incorporate 'the Wilmington Brick Manufacturing Company," · Reported the same back to the House with an amendment, Which, . On his motion, Was read; as fol1ows : :.Amend the title of the bni by striking out of the same tha word "Wilmington," and inserting in lieu thereof the word1 " Delaware." .· Whereupon, . Oji motion of Mr. Bradford, ;;.,, The amendment was Adopted. .. And further, On his· motion, ...... ·...... The bill was read a third time, and by paragraphs, as amended, . · in order to pass the House. · ·And, On the qn,stion, '' Shall this bili pass the House?" The yeas and nays were ordered, · Which, being taken, were as follows : Yeas-Messrs,, .Allderdice, Bancroft,. Booth, Btadford, Cooper~ Corbit, Davis, Eliason, Johnson of Kent, Pilling, Raymond, Reed, Waples and.Mr. Speaker-14. . 4:86

Nays_:_N one. So. the question was decided in the afli.rmaiive, . .And the bill, having received the constitutional majority, Passed .the House. Ordered to the Senate for concurrence • . Mr. Cooper offered a joint resolution appointing ZadockL .. But­ ler to take charge of the Senate Chamber and the Ha.II ofthe Honse ,(Jf Representatives, · Which, On his motion, .wa.s read, .And further, On his. motion, Wa.s referred to. the specie.I committee· of five, consisting of Messrs. Cooper, Reed, Johnson of Kent, Pilling a.nd Corbit. . . . Mr. Raymond .Asked, .And On motion of Mr. Reed, Obtained leave to withdraw .from the files of the House. the Honse bill entitled, · , · . ".An act to incorporate the Morris Branch Banking Company, and-. for other purposes therein ~entioned." On motion of Mr. Reed, The House bill entitled, ''An act to authorize the laying out a public road in Dover hundred, Kent county," , Was read a third :time, and by paragraphs, .And Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Eliason, • The Senate bill entitled, . ".An act .to amend Section 14 of Chapter 60-of the Revised. Code, in regard t,o the.compensation··of Road Commissioners,inNew.Ca.s- tle county;,, . . ·, ' ;was

.. l'. ·.\

TuESDAY,.March 12, 186'7-10 o'clock, .A. M, . ..Tlle House.met.pursuant to aqjonrnment.

~ :,Prayeri}?y the Chaplain. , . .Mr. Wolcott, Olerk of ,the Senate, being aqmitted, Jn(ormed. the House that the Senate had concurred in the 'following House -bills to wit: · 1 • • • • . . <·"An additional supplement,to an act•entitled,''.A.n act .to provide for the erection of a public bridge across Broad Creek, at :the town · of Laurel, in the County. of Sussex;'}'. . · · . "An act to revoke in part an act entitled, •.An act for the incorpo- 1'tion of the town of St. G~orges ;' " . . ·...... · .. · - ' - .. ".An act to incorporate the Milford Neck Ditch.Oonipany ;" .and 488

".An act to incorporate the Philadelphia and Baltimor;0 Union Steamboat Company," .And returned the same to the House. He also- informed the House that the Senate had copcuire.d '.in the following House bills, w_ith amendments, to wit : ".A. supplemen.t to the act entitled, '.An act to incorporate the Friendship• Fire Company, of the Borough of Wilmington,' passed at Dover, January 15, 1805 ;"and ·. ".An act to incorporatethe Delaware Trust Company," .. .And requ~sted the: concurrence of the House therein. He also informed- the House that the Senate·· had passed and requested the concurrence of the House in.the follo'Ying; ~enate l)ms, to wit: · ' ··- · ·. · · · l!An act to prevent the running at large ·of horses,· mules, colts, cattle, hogs, sheep and goats within the limits of the Town. of George-· town, in· Sussex county ;" · · · ·. · "An act to repeal an act entitled, •An act inrelati'on to public roads and highways in St. George's and Appoquinimink hundreds, in New Castle county,' passed at Dover, February 21, 1859, and for other purposes ; " "An act concerning v'8sels anchoring in the 'Deep Hole,' at or near the mouth of B_roadkiln .Creek;" "A supplement to the .act entitled, 'An act to restrict certain ani­ mals from running at large in Brandywine hundred;" and "An aqt to authorize the Recorder of Deeds, in and for Sussex. county, to procure a new seal of office," And presented the same to the House. He also presented, for the signature of the Speaker of the Honse,· the following enrolled Senate bills and joint resolution,. the same having received the signature of the Speaker of the Senate, to wit : "An act to establish a public road in Brandywine hundred ;" . "An act in relation to Murderkill Creek;" · !'An act to authorize tlie laying out a new public road in Mur­ derkill hundred ; " "An act to establish a public road in Brandywine hundred;" (t) ·· "A supplement to the act entitled, 'An act to incorporate the Smyrna and Delaware Bay Railroad Company,' passed at Dover, . February 1'4, 1865;" "An a.ct with reference to the repair of the, public road :in ,Kent ,county, over Ker~ey's ·mm dam, and for other purposes;" and .. , "Joint resolution appointing committee t~ settle with . the State 'Treasurer and .Auditor of .Accounts." ' Mr. Bradford, from· the special cominlttee. t~ :whom was . ieferred ·the House bill entitled, · · · · · · .. · · · · . "An ,ac!t in rel,ation .to the. Clerk of {be Peacein and for New '. ·Castle r.ourity," · · · · . Reported the same back to the House, without amendin~n't, ·and ·with the recommendation that it pass.. · · · l . . . · Whereupon, ::'. .01i his moti~n, . . .. . '. The bill was read a third time,· and by paragraphs, . . .And · Passed the Hou1/ .· '· Ordered to the Senate for concurrence. Mr. Reed moved T_hat the. .Senate biH. entitled, . ".An acp .t?. r~gulate the. election <>f Trusteei; .'for the .Plym<:mth . -Oongregational Church a11dJ3ociety, in, Ken,t :county,"· . · Be read a third time, and by p,aragraphs, in. order to• pass the .House, · · Which inotion · Prevailed. Section 1 of tbe bill having been read, .And, On the ,question, "Shall that be Section 1.of the bill?!' · Mr, .Pming called for. the yeas and nays,. Which, being taken, were as follows : Yeas..:....Messrs. Booth, Cooper, Frame, Hotiston, Johnson 'of Kent; Reed, Waple~ and Mr:. Speaker-8. . . . · · . ; ,· .Nay~-Messrs; ·. Allderdice, · B~ncroft;. Bradford;. Corbit, Eliason, .Jones, Pilling and Raym~nd-8. . So· the question was decided in the negative, . ..And Section J ·of the .bill was Lost, · ·: ·.And .the bill was Lost. · · . Ordered that·tlie Senate be iriforined thereof, and the.bill returned to that body. • · · · · · . :llr. Cooper,; ;in ,pursuance.-of.::preYious .· notice, Asked,. :And, On motion of Mr. Booth; ·Obtained leave to introduce a bill entitled; "An act to a.mend Chapter 68 . of the Revised. Statutes .of the· State of Delaware, concerning retailers of goods and ~eddlers;" Which, - · On his motion, Was read. Mr. Wolcott, Clerk of the Senate, being admitted, informed 'the"· · House that the Senate had c.oncurred in the following House bill, to wit: "An act to authorize the openi~g of a new public road in .Mispil- lion hundred, Kent county," And returned the same to the House. He also informed the House that the Senate had concurred in " Report of .the joint. committee appointed for the purpose of destroying certain exchanged State Bonds," And returned the same to the House. He also informed the House that the Senate bad passed, andc requested the concurrence of the House in the following Senate bill, and joint resolution, to wit : "An act allowing an additional Constable in Duck Creek hundred, in Kent county;" and "Joint resolution appointing commissioners to examine the peni-­ tentiary system of the different States," And presented the same to the House. He also returned the following enrolled House bills and joint reso-­ Jntion, the same having received the signature of the Speaker of the Senate, to wit : "An act to incorporate the Felton Institute and Classical Seminary;"' "A supplement to the act entitled, 'An act to incorporate the Frederica Railroad Company,' passed at ~over, February 19, 185'1 ;" "An act .to amend an act entitled, 'An act to incorporate a come pany for the purpose of cutting and making a canal betw~en .the, :491

Chesapeake Bay and B~y or. River ,Delaware, ,or the ,waters· thereof,' _passed at Dover, January ,29, 1801, and also to,amend a iiuppl~m(Jllt thereto, passed at Dover, Jone 15, 1886 ;" ".An act authorizing the sale of the real estate. late .of Rev. Sam'l ·T. ·carpenter, deceased;" ".A supplement to the act entitled, ".An act to ,incorporate .the Duck Creek Improvement Co°'pany;" ".An .. act authorizing the sale of certain real estate in 'Duck Creek ·hundred, Kent county, and State of Delaware;" "An act for the protection of cemeteries, graveyards and .places of burial ;" "An act authorizing the Prothonotary of New .Castle county to copy certain records ; " "An act·to:enable Casper •Kendall, guardian ofMary Emma Ken­ dall, to sell and convey certain real estate in 1the City of Wilmington_;"

·"An act to authorize the 'laying out of 11, new public road in Mur­ derkill hundred, Kent county;" ".An act to amend Section 4'T of Chapter ,'T.3 of the Revised Statutes, entitled, •Of the City of Wilmington ;' " ''.An act for the relief of School District No. 'TS, in New Castle county;" "An act to incorporate the Newark Building and Loan.Associa­ tion;" "An act to incorporate the Mutual Loan Association;" "An act to authorize the laying out a public road in Mispillion hundred, in Kent county;" . ".An act to give a name to a railroad station in Kent county, Delaware;" "An act to promote the benefit of the devisees and legatees under the will .of Elizabeth Smith ; " "An act to amend Chapter 13 of the Revised. Code of the State of 'Delaware ;" · ''.A.n act to amend Chapter 571 of the 12th Volume of Delaware Laws, entitled, 'An act to amend the ninety-ninth Chapter of the Revised Code ; ' " · ":An.act to divorce Elizabeth P. Waller from her husband, Levin E. Waller;" ".An amendment to the act entitled, '.An act to regulate the build­ ing of wharves in the City of Wilmington;" 492 . ":An act to amend and revive an att entitled, 'An act to lncorpor­ , ate the .to}Vn of Seaford, and for ot.her purposes,' passed at Dover, March 15th, 1865 ;" · · "An act to di~orce ,James Lowe' and' his wife:, A~Ii W. Lowe, from the bonds of matrimony;" . . . · · · "An act to divorce George vv,. Unruh and hi.s wif~, Margaret . Unruh, from the bonds of matrimony;" · · · . . "An act to divorce Mattie E. McDonald from her.husband, William McDonald ; ' · · ·. · · · · ·. ' · · · · · ·· "An act to authorize Hooper B. . Hopkins to st~aighten a p~~lic ·. road in Mispillicin hundred, in Kent county;" a_nd · " Joint resolntion appointing Bank Directors." . Mr. Reed gave .notice that he would, on to~morrow. or. some ·futureday, askJeave to introduce .a bill entitled, "AU act to amend Chapter 190 of"Volume ]2 of the Delaware Laws." Mr. Reed presented the petition of Wm. G. A. Bonwill; and 150 others, citizens of the State of Delaware, praying the passage. -of an act to incorporate a State Dental Society, Which, On his motion,. Was read, And further, On his motion, Was referred to a committee of three, with leave to report by bill -0r otherwise. Whereupon, Messrs Reed, Bacon and Allderdice were appointed saidcommittee: Mr. HouRton, from the special committee to whom was recom· mitted the House bill entitled, ' "An act to incorporate the Pokomoke River 'Improvement Com­ pany," · · · · · · Reported the.same back to the House with sundry ~mendments, Which, · On his motion, Were read, as follows: · · 493

Amend. the bill as foUows, viz : 1st. By adding at the end of Section l the words, '· Except the owners of low ground lying west of the Pokomoke River run. and the upper Pokomoke, beginning at George T, West's upper Hoe which empties into said river, shall not be embraced within the limits or operations of said company .except for the single purpose of en­ abling the. said company to collect from the said owners of said lands respectively such proportion of the expenses of said company in and about the ditchiug of said river below according to the report of the commissioners hereinafter mentioned." 2d, By adding to Section 7 these words, "It being the true in­ tent and. meaning of this act, and this General Assembly does here­ by enact that the operations of said company shall commence and be undertaken first in Maryland (if consent be given as aforesaid), and when,the boundary line between that State and this has been reached, then in this State at said line, and afterwards continuously upwards until the whole work be completed : And further, when any prong of the main ditch of the company is reached, in such progression of the work of drainage, it shall be lawful to commence work and con­ ·tintie to prosecute the same upon said prong until all necessary labor thereon is completed, the same order with reference to said work being observed upon a prong as upon the maiu ditch: . that is, the work to commence at the lower encl and progress upwards until completion. . · And.it is also herebyfurther enacted and provided, That if ac­ tual operations, by way of drainage, be not begun under this act within two years from the date hereof, this act shall become inoper­ ative and void, and all acts repealed hereby shall be thereupon re­ vived and put in full force and effect. 3d. Insert between Sections 14 and 15 the following : SECTION 15. And be itfurther enacted, That in case a vacancy should occur in the aforesaid body of commissioners by death, remo­ val from the county, or inability to serve, the Judge of the Superior Court resident in Sussex county shall have power to fill such :vacancy. 4th. Make Section 15, as now numbered in the bill, Section 16. On motion of Mr. Houston, The amendments were Adopted. And, thereupon, Mr. Bacon presented the memorials of certain citizens of Sussex county, being owners of lands lying adjacent to Pokomoke River, remonstrating against the passage of said bill. · Mr. Houston moved 494

That the bill be read a third time, and ·by paragraphs, as amended, in order to. pass. the Honse. Pending•whichquestio~; Mr; Houston·Jui'ther;moved · That the bill be referred to a committee of seven, · Which motion was Lost. Whereupon, Mr. Cooper moved That the House do now• adjourn, Which mo.tion was · Lost: The question. recurring on the motion to read the bill a third time,. and by paragraphs, in order to pass the House, Pending. the. quest!on, · Mr. Reed- moved That . the further consideration of the bill he postponed until this afternoon, Which motion was Lost. The question again recurring on the motion to put the bill upon its third reading, It was decided in the affirmative; A.nd the motion Prevailed, .And, thereupon, The bill was read a. third time, and by·paragraphs,. as. amended,. in order to pass the House. · · And,. On the question, " Shall this bill pass the House ?" The yeas and nays were ordered, Which, being taken, were as follows : . Yeas-Messrs. A.llderdice,. Bancroft, Booth, Bradford, Coope.r; Corbit, Eliason, Frame, Houston, Pilling, Reed, Waples and Mr. Speaker-13. Nays....;.Messrs. Bacon, Johnson of Kent, ,Jones and Raymond.:.....4. · So the bill, not having received the constitutional majority, Was Lost. Mr: Wolcott, Clerk of tb'e Senate, being admitted, returned the following enrolled House bills, the same having received the signa- ture of the Speaker of the Senate, to wit: · ".An act to. incorporatethe Haven Mills Manufacturing Company," ,and: "An act to incorporate the Brandywine Water Power Company." . · He also presented the following enrolled Senate j6int resolution for the signature of the Speaker of the House, the same having received the signature of the Speaker of the' Senate, to wit : ''Joint resolution in relation to receiving no more new business." Mr. Reed, from the Committee on Enrollment, .reported the fol­ lowing enrolled House bills and joint resolution as being duly and . -correctly enrolled, and presented the same to the Speak~r of the House for bis signature, to wit : "An act to incorporate the Home Loan Association;" "An act to supply an omission herein mentioned;" "An act to authorize the sale of certain real estate in New Castle ,county, late of Elijah Hollingsworth, deceased ; " ''An act to amend Section 2. of Chapter 4 and Section 2 of Chap· ter 6 of the Revised Code;" "An act authorizing John Williams to vacate a private road in Mispillion hundred, Kent county;" "A further supplement to the act entitled, 'An act to incorporate · the Delaware Railroad Company,' republished among the acts of 1849;" . "An act to divorce Catharine M. Crock, late Catharine M. Kemp, ,and her husband, Michael Crock ;" "An act to incorporate the Wilmington Hotel Company;" "An act to revive and reenact a private act entitled; 'An.act· to enable James W. Smith to. locate·· certain vacant. land. situated .in Broad Creek hundred, Sussex county, and complete his title fo the same,' passed at Dover, February 18, 1863 ;"

11 An act to amend an act entitled, 'An act to amend·· tlre- a'et::en­ titled, •A supplement to Chapter 19 of the Revised Statute~ of. the ,State of Delaware, 'Of Elections in Wilmington hundred;" and "Joint resolution of adjournment." Mr. Allderdice Asked, 496

.And ·· Obtained the· unanimous consent of the Hons~ to introduce .. a. bin entitled, "An act to amend an act entitled, '.An act tofocorporate the New Castle Building and Loan Asssociation of the Town of New Castle,"'' Which,·. On his motion, · Was read. On motion, The House adjourned until 3 o'clock this afternoon.

SAME DAY-3 o'clock, P. :rtL The House met pursuant to adjournment. . . Mr. J ohrison, in pursuance of previous notice, Asked, And·. On motion of Mr. Jones, 'Obtained leave to introduce a bill entitled, ".An act to incorporate the Pint Branch Ditch Company,"' Which, . On his motion, Was read. Mr. Waples moved . That the Senate bill entitled. "An act concerning free negroes and free mulattoes," 497

Be taken up for consideration, Which motion Prevailed. The question pending being, "Shall this .bill pass the House?" Pending that question, On motion of Mr. .A.Ilderdice, The vote by which the title of the bill was adopted, Was Reconsidered . .A.nd, · On the further motion of Mr. .A.llderdice, . . . \ · The vote by which the preamble of the Senate bill was lost, . Was Reconsidered. Whereupon, Mr. Waples offered sundry amendments to the preamble of the· bill, Which, On his motion, Were reld, . .A.nd further, On his motion, Were . Aaoptea. .A.nd, thereupon, · Mr. .A.llderdice moved That. the preamble, as amended, be adopted, Which motion Prevailed, .A.nd the preamble was adopted. On the further motion of Mr. .A.llderdice, The title of the bill was AaoptecL The question then recurring, "Shall this bill pass the Honse?" On the question, Mr. :Reed called for the yeas and nays, Which, qeing taken, were as follows : Yeas-Messrs. ·.A.llderdice, Bacon, Ba,ncrofp, .. Bpoth, .. ·Bradford, Cooper, Corbit, Eliason, Frame, Houston, Johnson of. Kent, Latto­ mus, Pilling, Raymond, Waples and Mr. Speaker-16. Nays~Messrs. Jones and Reed-'-2. ' H32 498

So the question was decided in the affirmative, And the Senate bill, as amended, Passed the House. Ordered th3:t the Senate be informed thereof, and its concurrence in the House amendments requested. Mr. Cooper Asked, And Obtained the unanimous consent of the House to introduce a bill entitleq, "An act to amend Chapter 68 of the Revised Statutes of the State of Delaware, Concerning retailers of goods and of peddl~rs," Which, On. his motion, Was read. On motion,of Mr. Raymond, The Senate bill entitled, "An act to authorize the sale of certain real estate in New Castle county, late of William Trucks, deceased," Was read. a third time, and by paragraphs, And Passed the House. Ordered .that the Senate be informed thereof, and the bill returned to that. body. Mr. Cooper offered a joint resolution in relation to the State Li- brary, Which, On his motion, Was read, And further, On motion of Mr. Reed, Was .Adopted. Ordered to the Senate for concurrence. -on motion of Mr. Reed, The House bill entitled, "An act to incorporate the Jordan Branch Ditch Company," 499

Was taken up for consideration. Whereupon, On motion of Mr. Reed, The Senate amendment to the bill under consideration, · Was read,. as follows : . IN SENATE, } March 8, 1~67. · .Amend the bill by inserting .in the sixth line of Section 2, after the. word·" them," the following words : " If they shall deem it necess sary." · · · .. (Extract from J. onrrial.) · J. L. WOLCOTT; ·· (For concurrence.) Olerle of Senate. .And further, On motionof Mr. Reed, The Senate at1endment .to the House bill · 'Yas Adopted: Ordered that the Senate be informed thereof. On motion of Mr. Bradford, The House bill entitled, · . ".An act in relation to the Braridywine Water Power Company," Was taken up for consideration, And, . On the further motion o( Mr. Bradford, The Senate amendment to the bill under consideration, Was read, as follows: IN SENATE; } March 7, 1867 .. .Amend the bill by inserting-after the word ,, the," and before the word "laws," in the fourth line of the first· section of said bill, the foUowing words: «Eleventh volume.of the." (Extract from Journal.) J. L. WOLCOTT, (For concurrence.) Olerle ofSenate. Mr; RtJed, in pursuance of previous notice, Asked, .And, 500

On motion of Mr. Jones, Obtained leave to introduce a bill entitled, "An act to repeal the act of the General Assembly of'this State passed February 10, 1829, entitled, 'An act to repeal military fines and forfeitures imposed by the act entitled An act to establish an uniform militia throughout this State,' passed at Dover, February 9, 182'7 ·'" Which, On his motion, Was read. Mr. Reed, from the special committee to whom was referred the petition of Giddiah Beauchamp and others, citizens of Murderkill · · hundred, Kent county, praying the passage of an act to amend the · charter of the Hudso~ Branch Ditch Company, Reported a bill entitled, , "A supplem0ent to the:act passed March l'l', 1865, entitled, 'An act to incorporate the Hudson Branch Ditch Company,"' Which, . On his motion, Was read. On motion of Mr. Johnson of Kent, ·. The House bill entitled, "An act to prevent the improper distribution of the School Fund of this State," Was read a third time,· and by paragraphs, in order to pass the House. · And, On. the question; " Shall this bill pass the House ?" Mr. Pilling called for the yeas and nays, Which, being taken, were as follow~ : Yeas-Messrs. B.a~on, Bancroft, Booth, Frame, J ohn~on of Kent, Jones, Latt~mus P1lhng, Reed, Waples and Mr. Speaker-IL Nays..:...Messrs . .Allderdice, Bradford, Cooper, Corbit, Eliason and Raymond-6. So the question was decided in the affirmative, . ' And the bill Passed the House. Ordered to the Senate for concurrence; · , I . '<. -·~ " ·. ~.':, Mr. Wolcott, Clerk of the Senate, befog admitted, pr.esented for · the signature of the· Speaker of the Hoi;isEl the following enrqffed Senate bill, the same having received the signature of the Speaker of the Senate, to wit : .· · : · .. · . ".An act to authorize the so.le of certain real estate in New Castle county, late of William Trucks, tleceased." · · Mr.. .Allderdice, in pursuance of previous notice, .Aske.d, :·.. And; • ()~ ~otion ,of Mr. Booth, . Obtained leave to introduce a bill entitled, ·. _ ''.A,n act to repeal Chapters 51 and 408 of the 12th Volume of.the ·. Laws of Delaware, arid to amend Chapter 5'l'6 of the 11th Volume of said Laws," Which, I On his motion, Was read. Mr. Jones moved That the. vote by which the Senate bill entitled; . . . ".An act to regulate the election of Trustees for· the · Plymouth - Congregational Church and Society,·in Kent county," · . Was/ Lost, .Be reconsidered, ' .. . Whi~ll motfori was Lost:· · Mr. Reed, from the Committee ori Enrollment, reported the fol­ lowing enrolled Senate .l>ill .and also the followingenroHedHoasebill 8,S being duly and· correctly enrolled, and presented the same to the · Speaker of the House for his signature; to w:it : ."An act to authorize the sale. of· cert.a.in re9il. estate h,; New, Castle· county, late of WHiia1ri Trucks, deceased ;" and. · . . ·•'\i_,G·a~t t~;in~p;y.", .· ·· Mr. Bradford· .Asked, ·.. And, 502

Obtained the unanimous consent of the House to introduce a bill entitled, . · "An act to amend Chapter 10 oftbe 13th Volume of t):ie Laws . ofDelaware," · Which, On bis motion; Was read, And further, On his motion, Was read a second time by its title, by special order of the House, Mr. Pilling, from the. Committee on Corporations, to whoin was referred the House bill entitled, . "An act to incorporate the Kent County Oyster Canning Com­ pany' and for other purposes," . Reported the same back to the House with amendments, Which, On his motion, Were read, And further, On motion of Mr. Eliason, The amendments were Adopted. Whereupon, On motion of Mr. Pilling, The bill was read a third time, and by paragraphs, as amended, . in order to pass.the House. · And; On the question, " Shall this bill pass the House ?71 The yeas and nays were ordered, / Which, being taken, were as follows : Yeas-Messrs. Allderdice, Bacon, Bancroft, Booth, Bradford, Cooper, Corbit, Eliason, Frame, Jones, Lattomus, Pilliµg, ·Raymond, Reed, Waples and Mr. Speaker-16. Nays_;.N one. So the question was decided in the affirmative, 503

And the bill, having .received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. Mr. Wolcott, Clerk of the Senate, being admitted, informed the House that the Senate had concnrfed in the Honse joint resolution entitled as follows: ''Joint resolution in relation to the State Librarian," And retuned the same to the House. Mr. Allderdice, from the special committee to whom was referred the House bill entitled, "An act to reform the police organization of the City of Wilming­ ton, for the appointment of City Auditor, and establishing a Board of Appeals in matters of assessments,'' With the petition accompanying the same, Rep.orted adversely to the passage of the bill. And, thereupon, . Mr. Frame. presented the petition of William S. McCaulley, Esq., and other citizens of the City of Wilmington, praying the passage of said act, Which, On. his motion, Was read, Whereupon, Mr. Bradford moved That the bill be read a third time, and by paragraphs, in order to .pass the House, . Which motion Prevailed. Section 1 having been read, And, On the question, "Shall that be Section l of the bill ?" Mr. Allderdice called for the yeas and nays, Which, ~ing taken, were as follows :. Yeas--'-Messi:s. Frame, Reed and Waples--3; Nays-Messrs. Allderdice, Bancroft; Bradford, Cooper, Corbit, Eliason, Johnson of Kent, Jones, Lattomus, Pilling, Raymond and Mr. Speaker-12. 504

So t.he question was decided in the negative, And Section 1 of the bill was Lost, And the bill was Lost. On motion of Mr. Reed, The House bill entitled, ".An act establishing a college for the benefit of agriculture and mechanic arts in this State," · was taken up for consideration. Whereupon, Mr. Reed offered sundry amendments to the bill, Which, On his motion, Were read, And On his further motion; Were Aclopted. And, thereupon, On motion of Mr. Reed, The bill was read a third time, and by paragraphs, as amended, in order to pass the House. And, On the question, " Shall this bill pass the House ?" Mr. Waples called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allderdice, · Bancroft, Bradford, Corbit, ·Eliason, Frame, Johnson of Kent, Lattomns, Pilling, Raymond, Reed, and Mr. Speaker-I~. · Nays-Messrs. Bacon, Booth, Cooper, Houston, Jones and W a pies -6. So the question was decided in the affirmative, . i And the bill Passed the House. Ordered to the Senate for concurrence. On motion of Mr.' Bancroft, The House bill entitled, 505 "An· act to provide for the appointment for _a State School Super­ intendent and a Board of School E,xaminers for this State," Was read a third time, and by paragraphs, in order to pass the House. And, On the question, " Shall this bill pass the House ?" Mr.· Jones called for the yeas and nays, Which, being taken, were as follows : · · Yeas-Messrs. Allderdice, Bacon, Bancroft, Corbit, Eliason, Frame, Lattomus, Pilling, Rayn:ond and Mr. Speaker---,10. Nays-Messrs. Booth, Bradford, Cooper, Houston, Johnson of Kent, Jones, Reed and Waples-8. So the question was decided in the affirmative, And the bill Passed the House.· Ordered to the Senate for concurrence. . Mr. Reed, from the special committee to whom was referred the .petition of William G. A. Bonwill and others, Reported a bill entitled, "An act to incorporate a State Dental Society," _Which, On his motion, Was read. On motion of Mr. Frame, The Senate bill enUtled, ".An act to divorce Mary A. L. Outten and_ John 0. Outten from the bonds of matrimony," · Was read a second time by its title. On ·motion of Mr. Eliason,· The House bill entitled, "An act to relieve the estate of Andrew P. Armstro~g,'l Was read a third time, and by paragr:aphs, in order to pass .the House. And, On the question, t' Shall this bill pass the House?" ' . Mr. Allderdice called for the yeas and nays, 506

... Which, being taken, were as follows : Yeas_;_Messrs. Bacon, Bancroft, Booth, Cooper, Corbit, Eliason,. Frame, Houston,.Lattomus, Pilling and Mr. Speaker-11. . Nays-Messrs. .Allderdice, Bradford, Johnson of Kent, ,Jones, Raymond, Reed and Waples-'7. So the question was decided in the affirmative, And the bill Passed the House. Orderecl to the Senate for concurrence. Mr. .Hacon presented the petition of certain citizens of Seaford, Sussex county, praying the passage of an act authorizing the sale of: a certain lot ofland in said town, · · 'Which, On his motion, Was referred, without reading, to a committee of three, Whereupon, Messrs. ,Bacon, Cooper and Corbit were appointed said commi.ttee .. On motion, The House adjourned until 9 o'clock to-morrow mornmg. 507•.

WEDNESDAY, March 13, 1867:..--'9 o'clock, A. M. 'l'he House met pursuant to adjournment. On motion of Mr. Bradford, .The House bill entitled, "An act in relation to the New Castle and Frenchtown Turnpike and. Railroad Company," . was taken up for consideration . . Mr. Pilling offered amendments to the bill under consideration, Which, On his motion, Were read, as follows : Amend the bill by striking out all between the word "the," in Jfoe 10 ofSectioll l, anp the word "and," in line 14 of said Section l, and insert in lieu thereof the following; to wit : Philadelphia, Wilming­ ton and Baltimore Railroad a't or within one mile of the depot on said railroad, known as Newark depot," And fnrther by striking out all of Section 2 and adding the follow­ ing to Section l after the .word "built" at end of last line of said Section 1: Provided; however, That nothing herein contained shall be. held or taken to impair or in anywise affect the contract existing between this State and said company by the act entitled "An act to provide for the payment of certain sums of money to the State by the. New Castle and Frenchtown Turnpike and Railroad .Company, and for other purposes," passed at Dover, February '7, 1852, 10th Volume Delaware Laws, pages 652, &c," . And amend the bill further by striking out the figure "3" in last. line ~f bill but two, and insert in lieu thereof the figure lt:i" · Mr. Pilling moved That the amendment be Adopted. And, On the question; " Shall the amen.dments be ~dopted ?" Mr. Allderdice called for th~ yeas and nays, Which, being taken, were as follows : Yeas-:-Messrs. Bancroft, ;t:.attomus, Pilling, Pratt and Reed--5. 508 Nays-'Messrs. Allderdice, Bacon, Booth, Bradford, Cooper, Cor­ bit, Davis, Eliason, Frame, Johnson of Kent, Jones, Waples and Mr. Speaker-13. So the question was decided in the negative, And the amendments were Lost. Whereupon, Mr. Allderdice moved · That the bill be read a third time, and by paragraphs, in order to pass the House, Which motion Prevailed. Section 1 having been read and ·adopted, and Section 2 read, And, On the question, "Shallthat be _Section 2 of the bill?" Mr. Reed called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Allderdice, Bacon, Bancroft, Bradford, Corbit, Davis, Eliason, Frame, Jones, Lattomus, Pratt ·and Mr. Speaker -12...... Nays-Messrs. Cooper, Johnson of Kent, Pilling, Reed and Wa­ ples-5. So the question was decided in the affirmative,· And Section 2 was• Adopted. · Section 3 and the title having been read and adopted, On the question, "Saall this bill pass the.House?" The yeas and nays were ordered, Which, being taken, were as follows : ;Yeas-Messrs. Allderdice, Baconr Bancroft, Bradford, Cooper,. Corbit, Davis, Eliason, Frame, Johnson of Kent, Jones, Lattomus, Pratt, Waples and Mr. Speaker-15.. Nays-Messrs. Pilling and Reed-2. So the questioo was decided in the affirmative, And the bill, having received. the ~onstitutional majority, . Passed _the1Iouse . . Ordered to the Senate for concurrence . . :M'r. Wolcott, Clerk of tlie Senate, being admitted.!informed the 509

House that the Senate had concurred in the following House bills, to wit: ''An act to incorporate the Smyrna Building and Loan Associa, tion, of the town of Smyrna;" · "An act to incorporate the Dover.Building and Loan Association;" "An act to divorce Joshua Scotten and his wife, from the bonds of matrimony;" "An act to amend Chapter 42 of the Revised Statutes of the State of Delaware, 'Of Free Schools;'" "An act to authorize Rev. William Warner and Garretson Sauls­ bury to straighten a public road;" "An act to authorize the opentng and making a new public. road in Mispillion hundred, Kent county;" ''An act to incorporate the Newark and 1..vondale Railroad Com­ pany;" "An act to authorize Horace Spruance to change and· straighten ,a public road in Duck Creek hundred, Kent county, Delaware;" "An act for the relief of School District No. 53, in New Castle county;" ' "An act to authorize the sale of certain real estate therein men­ tioned, devi~ed by the will of John Pleasanton," and "An act to authorize Cyrus W. Cannon and Benton H. Gordy to change and enclose e certain public road." And returned the same to the House. He also .informed the House that the Senate had passed, · and . requested the concurrence of the House in the following bills, to wit: ' "An act in relation to the Jamison's Branch Company;" "An act to enable l\fartin F. Allaband to straighten and put in go.od order a public road on his own land at his own expense;". . "An act to divorce Ida A. W. Poulson and her husband, William · C. T. Poulson, from the bonds of matrimony;" "An act to divorce Martha .A. l\fassey from her husband Nathaniel Massey," and ·· "An act to incm·porate the Morris Branch and :Beaver Branch Banking Company." .And presented ~he same to the House. He also informed the House that the Senate· had· concurred in the following House bills, with amendments, to wit: 510

"An act relating to County Assessments in New Castle county," and "An act to amend the act entitled, '.An act ~uthorizing the laying out of certain roads in Duck Creek hundred, in Kent county,"' And.requested the concurrence of the House'therein .. He also informed the House that the Senate had concurred in the House· amendment to the Senate bill entitled, ".An act concerning free negroes and free mulattoes." On motion of Kr. ..Allderdice, The House bill entitled, "An act to raise revenue and provide for the current expenses <>f the State Government," Was read a second time by its title.. On motion of Mr. Allderdice, The House resolved itself into Committee of the Whole for the consideration of the bill entitled, · "An act to raise revenue and provide for the current expenses of the State Government." Mr. Waples in the chair.. After some time spent in consideration of the bill, On motion of Mr. Allderdice, The Committee rose. Mr. Waples, clairman of the Committee of the Whole, reported back the bill with sundry amendments, Which, On his motion; Were read, as follows: .Amend the bill by inserting between the word "license" and the word "to," in the _sixth line. of Section 3, tl:e words "to a citizen of this State." · And amend further by adding immediately after the word "dollars," in the seventh line of Section 3, the words, "to a non-resident of this State twenty dollars." Amend the bill by striking .out the word "fifty," in line nine of Section 3, after the word "of," and insert in lieu thereof the word "one hundred." Amend the bill by striking out the word "fifty," in line tenof Sec­ tion 3, and inserting in lieu thereof the word "twenty." 511

Amend. the .bill by striking out the word "or," after the .word ·"themselves," in line twenty-five of Section 5 of the bill, and insert- ing in lieu thereof the word "and." ·· .Amend the bill by striking out all after the word. '' act," in line 33 of Section 5 of the bill and to the word. "every,'' in line 38 thereof. I .Amend the bill by striking out Sections 14, 15, 16,l'T, 18, 19, 20, · :21, f.12 and 23 thereof. .Amend the bill by adding the following as an additional section : "SECTION 31. And be it further. enacted, That one-fourth part of all the money arising under any of the provisions of this act shall be for. the use of the School Fond, any of the provisions of any of the sections of this act to the contrary notwithstanding." On motion of Mr. Allderdice, The amendments reported from the Committee of the Whole were . .Adopted. Whereupon, · Mr. .Allderdice moverl That Rule 12 be suspended in order to read the bill a third time, ,and by parMraphs, as amended, with a view to pass the House, Which motion Prevailed. Sections 1 and 2 of the bill having been read and adopted, and :Section 3 read as amended, On the question, "Shall that be Section 3 of the bill?" Mr. Bacon called for the yeas and nays, Which, beiug taken, were as:follows: Yeas-Messrs Allderdice, Bancroft, Corbit, Eliason .and Latto­ mus-.5. Nays-MeSsrs. Bacon, Booth, Cooper, Davis, Frame, Houston, .Johnson of Kent, Jones, Pratt, Reed, Waples and Mr. Speaker-12. So the question was decided in the negative, ·. ·And Section 3 of the bill was Lost. Whereupon, Mr. Reed moved, That the vote by which Sectlon 3 of the bill was lost be.recon- ,sidered. · 512

Which motion Prevailed. An:d the vote was Reconsidered.• The question then being on the adoption of Section 3 of the bill, Pending that· question, Mr. Reed moved That the further consideration thereof be postponed until this afternoon, ·• Which motion Prevailed. And the further consideration thereof Was so Postponed .. On motion, The House adjourned until .3 o'clock this afternoon.

SAME DAY-3 o'clock, P. M. The HoMe met pursuant to adjournment. On motion of Mr. Bradford, The House bill entitled, "An amendment to the act entitled, '.An act to define and prevent certain nuisances,'" · · Was taken up for consideration .. The question pending being, " Shall that be Section 1 of the bill?" On the question, Mr. Bancroft called ,for the yeas and nays, Which, being taken, were as follows : ·· Yeas-2Messrs. Bradford, Oooper, Frame, Johnson of Kent, and Waples-5: 513

Nays-Messrs. Bacon, Bancroft, Booth, Corbit, Da.~is, Eliason, Houston, Jones, Le.ttomus,' Pilling, Pratt, Reed, and Mi.'; Speaker ~& . . So the question was decided :in the negs.ti ve, .Ai:1d S~ction 1 of the bill was . . Lost, · .And the bill was Lost. On motion of Mr." Waples, 1.. r · The Senate bill entitled, ''.An· act ·to incorporate the .·Morris Branch and. Beaver Branch Banking Company," .Was read, . ':_And further,· . . On motion of Mr. Waples, . The bill was i\ad a second time by its title, by special order of the House. · . On motion of Mr. Johnson of- Kent; . . . The House bill entitled; · ,;An act t~ incorporate th-a Pint Brancµ. Ditch Compa~y,''. .·•• :Was read a sllcond time by its title, And,. On his further motion\ ._ _ . .__ . Wa11 referred to the Committee on Corporations ... Mr. Reed, from the special COIDID:ittee to whom were referred ·. the joint resolution appointing E. K. Smith to purchase coal,'wood, &c.; antl the- Joint l'esolution :appointing. John D. Burton to purchase . stationery, &c., for:the next session of the General Assembly; ·· - Submitted a minority report recommending .the adoption of the joint resolution appointing E; K. Smith to provide: the same,•· · "ind, theie~pon, . Mr. _Reed moved the adoption of. said joint resolution,, '', '. . . ' ' . ' ' . Pen.ding :which question, ·. · Mr. Cooper, from the majority of the same committee, submitted a report, .Which, On his motion; .H33 514

Was read, as follows : The special committee to whom was referred the several resolutions on .the important and all-engrossing subject as to who shall be ap­ pointed to the responsible and lucrative position of furnishing the necessary coal, wood, lights, stationery, &c., have given the subject the consideration which it demands and the cpmfort which the next next Legislature requires, and beg leave to report in favqr of the adoption of the resolution which selects John D. Burton to furnish said materials. (Signed,)· P. L. COOPER, } MARK A. JOHNSON, . . CHARLES CO. RBIT, Committee. JOHN PILLING, The question pending being, " Shall the joint resolution appointing E. K. Smith to purchase coal, wood, &c., be adopted?" On the question, Mr. Raymond called for the yeas and nays, Which·, being taken, were as follows: Yeas-Messrs. Bacon, Booth, .Bradford; Frame, Houston,· John­ , son of Kent, Jones, Pratt, Raymond, Reed, Waples and Mr. Speaker-'12. Nays~Messrs . .Allderdice,. Bancroft, Cooper, Corbit, Davis, Elia­ son, Lattomus and Pilling-8. So the question was de~ided in the affirmative, .And the joint resolution was Adopted . Ordered to the Senate for concurrence. Mr. Wolcott, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in: the following House bills, to wit: "A further supplement to the act entitled, 'An act to limit the city debt of Wilmington, and to provide for the discharge thereof,' passed February 21, 1849," and ".An act. in relation to the judgment and continuance dockets of .the Superior Court of Kent county, and the general indexes to the same," .And returned the same to the House. He also informed the House that the Senate had passed and requested the concurrence of the House in a bill entitled, 515 "An act to incorporate the Nanticoke Building and Navigation Company," And presented the same to the Rouse.. · Re also informed the Honse that the Senate had concurred, with an amendment, in the Rouse bill entitled, "An act to amend Chapter 125 of the Revised Code," .. And requested the concurrence of the Rouse the_rein. On motion of Mr. Raymond, The Senate bill entitled, . . ''An act to incorporate the Diamond State Building and Loan · Association, of the town of Smyrna," Was read, .A,nd, . . on his further motion, Was read a second time by its title, by sp~cial order of the Rouse, And, On his further motion, Was referred to the Committee on Corporations. On motion of Mr. Reed, · The Honse bill entitled, "An act in relation to NationaiBanks refusing to pay the tax as- sessed by the laws of this State," . . ' Was read a third time, and by paragraphs, in order to pass the Rouse. And, On the question; " Shall this bill pass the House ?" Mr. Reed called for the yeas and nays, Which, being taken, were as foUows·: Yeas-Messrs. Frame, Houston, Pratt, Raymond, Reed, Waples and Mr. Speaker-7. Nays-Messrs. Allderdice, Bancroft, Booth, Bradford, Cooper, Corbit, Davis, Eliason, Johnson of Kent, Johnson of Sussex, Lat- tomus and Pilling-12. · · So the question was decided in the negative, 516

.And the bill,. not having received a majority of. votes,. Was Lost. On motion of Mr. Pilling, . The House bill entitled, ''An ~ct to incorporate the Diamond State Mutual Life Insurance Company," · · Was read a third time, and by paragraphs, in order to pass the House . .And, . On the question, "Shall this bill pass the House ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. .Allderdice, Bacon, Bancroft, Booth, Bradford, Corbit, Eliason, Frame, Houston, Johnson of Kent, Johnson of Sus­ sex, Jones, Lattomus, Pilling, Pratt, Raymond, Reed, Waples.and Mr. Speaker7 19. Nays-None. So the question was decided in the affirmative, .And the bill, having received .the constitutional majority, Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Reed, The Senate bill entitled, ".An act to incorporate the Nanticoke Building and Navigation Company," · Was read, .And, On 1his further motion, Was read a second time by ·its title by special order. ) On motion of Mr. Frame, . The Senate bill entitled, ".An act to divorce Martha .A. Massey from her husband, Nathaniel Massey," . Was read. 517

On motion of Mr. Eliason, The Senate bill entitled, "An act to amend Section 14 of Chapter 60 of the Revised Code, in regard to the compensation of Road Commissioners in New Cas­ tle county/' · Was read a third time, and by paragraphs, And Passea.the Ho'!,tse. 01·dered that the Senate be informed thereof, and the biU ret11rned . to that. body. On motion of Mr. Reed, The Senate bill entitled, ·"An act to divorce Rebecca Lilly froni her husband, Henry Lilly,l) Was read a third time, and by paragraphs, And Passed the House. Ordered that the Senate be informed thereof and the bill returned to that body. ,

Mr. Johnson of Kent, from the Committee on Roads and I High­ ways, to whom was referred the petition of M. W. Leach and others · ·. . for an act to lay out a public road iii Dover hundred, Reported a bill entitled, ·"An act to authorize the laying out a public road in Kentcourity,', Which,' Ori his motion, Was read. On motion of Mr. Bradford, The House bill entitled, "An act to amend Chapter 10 of the 13th Volume of the Laws · of Delaware," Was read a third time, and by paragraphs, And Passed the House. Ordered to the Senate for concuttence. On motion of Mr. Cooper; The House bill entitled, 518

"An act to amend Chapter 99 of the Revised Code of the· State of Delaware," Was taken up for consideration. Mr. Cooper offered an amendment to the bill, Which, On bis motion, Was read, as follows : .A.mend the bill by striking out the word "date/' in the last line of Section 2, :and insert the words "precise time" in lieu thereof, And further, On motion of Mr. Cooper, The amendment was Adopted. Whereupon, On motion of Mr. Cooper, . · The bill was read a third time, and by paragraphs, in order to pass the House. · And, On the question, " Shall this bill pass the House ?" Mr . .A.llderdice called for the yeas and nays, Which, beirig taken, were as follows: Yeas-Messrs. Bacon, Bancroft, Booth, Bradford, Cooper, Corbit, Davis, Eliason, Houston, J obnson of Kent, Johnson -of Sussex, Jones, Lattomus, Pilling, Raymond, Reed, Waples and Mr. Speaker -18. . Nays-Mr . .A.llderdice-1. So the question was decided in the affirmative, And the bill Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Bancroft, The House bill entitled, ''An act to amend Chapter 41 of the Revised Statutes of the State of Delaware," · Was read a second time by its title. Mr. Corbit moved 519 That when the House adjourns it adjonr~ to meet at 'T! o'clock this evening, . · .Which motion Prevailed. On motion, The House adjourned until 'T! o.'clock this evening.··

.-

SAME DAY-t! oiclock, P. M .. The Hou~e me~ pursuant .to adjournment. . Mr.. Pilling, from the·special committee to ·whom was referred the , petitions and remonstrance of sundry citizens of W bite. Ol!J.Y. Creek hundred, New Castle county, in rela.tion to the farming out of pub~ic r9ads, · 'Reported a bill entitled~ , · · · .. · • .· ·. ,\. '·. ~ : . ' "An act to repeal Chapter DCIH of the Eleventh Volnnie of. the .Laws of Delaware," · Which, · .' On his motion, · Was read . .· · Mr. Ray!Dond, from the Committee on Corporations; ·to whom. · was referred the petition of William. H. Powell and others, for an •· ~t _toJncorporate the owners of certain low grounds in Mispillion · · _hu,ndred, . · · ·. Reported a bill entitled, : i•.An act to incorporate. the. Bright's 'and Hayn~s' G:la.des Ditch OOB;1.pany/' · · · · ··· · .. ., .. :·. ·· · Which, .On his motion, Was read: · On moti~~ of Mr. Bradford, The Honse bill- entitled, ··· ··· ' ; "An act to amend the charter of the City of Wilmington;"' 1. 520·

Was read a third time, and by paragraphs, in order to pass the ··the House. And; On the question, " Shall this bill pass the House ?" The jeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Allderdice, Bacon, Bancroft, Bradford, Cooper, Corbit, Houston, Lattomus, Pilling, Raymond and Waples-II. Nays-Messrs. Booth, Davis, Eliason, ,Johnson of Kent, Johnson of Sussex, Jones, Reed and Mr. Speaker-8. So the bill, not having received a constitutional majority, Was Lost. On motion of Mr. Allderdice, The House bill entitled, . . . . . ''An act to amend anact entitled, 'An act to incorporatetheNew Castle Building and Loan Association, of the Town of New Castle,'" . . . · ,Vas read a second time by its title, And further, . On his motion, The bill was read a third time, and by paragraphs, by special order, with a view to pass the House. And, On the question, " Shall this bill pass the House ?" 'l'he yeas and .nays were ordered, · Which, being taken, were as follows: Yeas-Messrs. Allderdice, Bacon, . Bancroft, Booth, Bradford, Cooper, Corbit, Davis, Eliason, Houston, Johnson of Kent, Johnson of Sussex, Jones, Lattomus, Pilling, Raymond, Reed, Waples.and Mr. Speaker-19. Nays-None. So the question was decided in the affirmative, And the bill, having received the constitutional majority, Passed tlie House. Ordered to the Senate for concurrence. Ori motion of Mr. Cooper, 521

The House bill entitled, "An act to revive, reenact and amend the act entitled 'An act to incorporate the Black Swamp Ditch Co111pany,' passed at Dover, February 16, 1841," W.as read a second time by its title. On motion of Mr. Reed, · The House bill entitled, "An act to repeal the act of the General Assembly of this State, · passed February IO, 1829, entitled 'An act to repeal· military fines and forfeitures imposed by the act entitled an act to establish an uniform militia throughout this State,' passed at Dover.· 9th of Feb­ ruary, 1827, Was. read a. second time by its title.. And further, Mr. Reed moved That the .bill be read a third time, and by paragraphs, by special order, with a view to pass the House, Which motion Prevailed. Section 1 of the bill having been .read, . On the question, '' Shall tliat be Section 1 of the bill ?" Mr; Allderdice called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Bacon, Houston, Johnson of Kent, Reed, Waples and Mr. Speaker-6. Nays-Messrs. Allderdice, Bancroft, Booth, Bradford,· Cooper, Corbit, Davis, Eliason, Johnson of Sussex, Jones, Lattomus, Pilling ana Raymor1d-13. So the question was decided in' the negative, And the bill was Lost. Mr. Reed moved 'l'hat the House bill entitled, "An act to regulate the selling of Indian Meal," . Be. read a third .time, and by paragraphs, in order to pass the House, Which motion Prevailed. Section 1 having been read, On the question, "Shall that be Section: I of the ·bill?" 522

The yeas and nays were ordered, Which, beirig taken, were as follows: Yeas-Messrs,. Booth, Bradford, Cooper, Davis, Johnson of Kent~ Jones, Reed, Waples and Mr. Speaker-9. Nays-Messrs. Allderdice, Bacon, Bancroft, Corbit, Eliason, Hous­ ton, Johnson of. Sussex, Lattomus, Pilling and ·Raymond.:...... ,10. So the question was decided in the negative, And Section 1 of the bill was Lost, And the bill was Lost. On motion of Mr. Cooper, The House bill entitled,. 1 ''An· act to amend Chapter 125 of the Revised Statutes of the State of Delaware," Was read a second time by its title. Mr. Bancroft offered a resolution, Which; On his motion, was read, as follows : Resolved, That for the remainder of the session the Speaker shall recognize the members in alphabetical order, calling on t-hem in that order for business, so that order may be preserved and the proceed­ ings of the House facilitated, And, On his further motion, The resolution was Adopted. On motion of Mr. Allderdice, The Senate bill entitled, "An act to reincorporate the Delaware Mutual Life Insurance Com- pany," Was read. On motion of Mr. Bacon, The House bill entitled, ·«An act authorizing the laying out a public road in Broad Creek hundred, in Sussex county," · Was taken up for consideration. 523

Mr. Bacon presented the remonstrance of Philip G. Wingate and others, against the passage of said bill, i Which, On his motion, Was read, And farther, On hi~ motioR, The bill was read a third time, and by paragraphs,

And I Passe

Oir his motion, . . The bill was read a third time, and by paragraphs, by special order, . with a view to pass the House. · · .And, · On the question, " ShalJ!this bill pass the House ?" .. The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs., Bacon, Booth, Bradford, Cooper,, Corbit, Davis, Eliason, Houston, Johnson of Kent, Johnson of Sussex, Jones, Lattomus, Raymond, Reed, Waples and Mr. Speaker-16. Nays-None. So 'the question was decided in ~he affirmative, And the bill, having received the constitutional majority, , Passed the House. Ordered to the Senate for concurrence. · tMr. Bradford moved . . . . That when the House adjourns it adjourn to meet at 9 o'clock to- morrow morning, · Which motion was Lost. On motion of Mr. Cooper, The Senate bill entitled,. ".An act to divide Murderkill .hundred, in Kent comity, into two hundreds, to be called, respectively, North Murder kill hundred and South Murderkill hundred," Was read. On motion of Mr. Corbit, The House bill entitled, ''.An act relating to county assessments in New Castle county," Was taken up for consideration . .And further, On his motion, The Senate amendments to said bill were read, as follows : IN SENATE, } March 12, 1861 . .Amend the bill as follows : 1st. .After the word "New Castle" in the third line of the first 525 section of the bill insert the words "and Bratidywine,l)and strike out: the word" hundred" in said line and insert the word "hundreds." ·· 2d. After the word "New Oastle," in the seventh line. of the first section of the bill, insert the words "and. Brandywine,'' and ·strike out the _word "h~ndred" in said line. and insert the word "hundreds.'' · · ·_. 8d. S.trike.out the word "Assessor," in the eleventh line of the.first section, and inse_rt the word "Assessors," and af~r the 'rord "New Castle," in the twelfth line of said section, insert the .· words . " an.di -Brandywine," . and further strike ·out . the word "hundred" . in thC: ; said twelfth line 11.nd insert the word " hundreds." ! · (Extract from Journal.) . J. L._ WOLO.OTT; '. (For concurrence'.') Olerlc of Senate. · Whereupon, · _ On the farther motion of Mr. Oorbit, The amendments were · Concurred in;' · • Ordered thattbe Senate be informed thereci{ . ' ,. -· Mr. Oorbit, from the Oommittee on Enrollment, reported' the fol­ lowing enrolled Honee bills as being duly and correctly enrolle,d, and pre.sented the same to the Speaker of the House for his signature, . to wit: · "An act to incorporate the Town ?f Milford;". "An act to incorporate the Cooper Oeµietery, o(;MurderJdll hun-- dred in Kent county;" · · ••,An act to incorporate Washington Lodge, No. 1; of the .Amari-. ·. can Protestant Association of Delaware;" · ":An act to authorize__ the laying oat a public road in ·Milford .; hundred, Kent county;" and "An act to incorporate the :M;ethodist Episcopal Qemetery,"of" " St; Georges." : . :M).', ·Davis, in pursuance of pr~vious notice, .. ·:Asked,· And, ~- Ori .motion of Mr. Reed; Obtained leave to introduce a bill entitled, ·· ·- ···· "A supplement to the act entit.ed 'An act to improve the Iiaviga-- . tion of Cedar Creek,' passed at Dover, February 19, 184'7," ·· Which; 526

,On his motion, Was read. On motion of Mr. Eliason, The Senate bill entitled, ' "An act' to amend Chapter 66 of the Eleventh Volume of the Delaware Laws, entitled, 'An act in relation to public roads and highways in Mill Creek hundred, i~ New Castle county,'" Was read a third time, and by paragraphs, And Passed the House. Ordered that the Senate be informed thereof, and the bill returned to that body. · On motion of Mr. Houston, The House bill entitled, "An act to authorize the straightening of a public road in Dags- 'boro' hu~dred, Sussex county," · Was read a third time, and by paragraphs, And Passed the House. Ordered to the Senate for concurrence. Mr. Johnson of Kent moved That the House do now adjourn, Which motion was Lost. Whereupon, On motion of .Mr. Johnson of Kent, The Senate bill entitled, . / "An ~ct in relation to the Jamison's Branch Company," Was read. Mr. Jones, on behalf of the Committee on Roads and Highways, to whom was referred tl:e petition of certain citizens of Kent county, Reported a bill entitled, "An act to authorize the laying out a public road in Milford hun- ·dred, in Kent county." Mr. Jones moved That the bill be read, Which motion Prevailed. 527 During the reading of Section 1 of the bill, Mr. Reed moved That the further consideration of the same be indefinitely post- · '.Poned, Which motion Prevailed, And the further consideration of. the bill Was Indefinitely postponed. Mr. Johnson of Kent moved That ·the vote by which the House bill entitled, "An act to incorporate the Pokomc,ke River Improvement Corri- '.pany," · ~M L~ ·Be reconsidereil, And, on the question, Mr. Eliason called for the yeas and nays, Which, being taken, were as follows : . Yeas~Messrs. Cooper, Corbit, Davis, Eliason, Houston, Jones, Lattomus, Pilling and Mr. Speaker-9. Nays-Messrs. Bacon, Booth, Bradford, Johnson of Kent, Ray- ,mond and Reed-6. · So the question was decided in the affirmative, And the vote was Reconsidered. . Mr. Raymond, from the Committee on Corporations, to whom was ;referred the Senate bill entitled, · "An act to incorporate the Diamond State Building and Loan Association, of the town of Smyrna," Reported the same back to the Honse without amendment, and .with the recommendation that it pass. · Arid, thereupon, On his motion, The bill was read a third time, and by paragraphs, in order to pass ,the House, And, On. the question, " Shall this bill pass the House ?" The yeas arid nays were ordered, 528

Which, being taken, were as follows: Yeas~Messrs. Booth, Bradford, Cooper, Corbit, Davis, Eliason, Houston, Johnson of Kent, Jones, Lattomus, Pilling, Raymond, Reed and Mr. Speaker-14. Nays-None. So the question was decided in the affirmative, And the bill, having received the constitutional majority, . Passed the House. Ordered that the Senate be informed thereof; and the bill returned to that body. On motion of Mr. Reed, The House bill entitled, "An act to incorporate a State Dental Society," Was read a second time by its title. Mr. Bradford moved That the Senate bill entitled, "An act to incorporate the Diamond State Lime Burning Com­ pany," · Be read a third time, and by paragraphs, in order to pass the House. Which motion Prevailed. Sections 1 and 2 of the bill having been read and adopted, and Section 3 read, Pending the question, "Shall that be Section 3 of the bill?"· Mr. Corbit moverl That the further consideration. thereof be postponed until to- morrow morning. Pending which question, Mr. Davis moved That the House do now adjourn, . Which motion. Prevailed.·· And, thereupon, The House adjourned until 10 o.'clock to-morrow morning. 529

THURSDAY, March 14, i867-10 o'clock, A. M. The House met pursuant to. adjo11rnment. Prayer by the Chaplain. On motion of Mr.' Bradford, The Sen.ate bill entitled, ~·An act to incorporate the Diamond State Lime Burning Com~ pany," Was taken up for consideration. The question pending being, "Shall that be Section_3 of the bill?" It was decided in the affirmative, And Section 3 was Adopted. · The several subsequent sections, enacting. clause and title having been read and adopted, On the question, "Shall this bill pass the House ?'' The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. ·Allderdice, Bacon, Bancroft, Booth, Bradford, Cooper, Corbit, Davis, Eliason; Frame, Houston, Johnson of Kent, Jones, Lattomus, Pilling, Pratt, Raymond, Waples and Mr. Speaker _:_19, . Nays-Mr. Reed-1. /30 th~. qmistion was decided.in the affirmative, And the bill, having receiv.:d the constitutional majority, Passed the House .

. Ordered th~t the Senate be 0informed thereof, and the ~iUreturned to that body. . ' . . · On motion of Mr. Cooper, The:liouse bill entitled, '''An act to· amend the act entitled, 'An ~ct authorizing th_e laying out of certain roads in Duck Creek hundred, in Kent county,'" · ·· · I Was taken up for consideration. H34 530

On motion of Mr. Oooper, . The Senate amendment to the bill under consideration, Was read,:as follows:. . IN SENATE, ' } .March 12, 1.867'. Amend the bill as follows, to wit : SECTION 2. 'l'hat the roads authorized to be laid out undeflhe act entitled "An act authorizing the laying oat certain roads in. Duck Creek hundred, in Kent county," passed at Dover, Febru11,ry :13, · 1867', shall not be opened, and no right to use them or either of them shall exist until the owner or owners of the land shall first have been paid or tendered the amount of money assessed by the commissioners; as damages for the same .. (Extract from Jourrial.) J. L. \VOJ:,COTT,. (For concurrence.) Clerk of Senate. Whe~eu,pon, Mr. Cooper moved · ·.That. the 1Iouse do cimcur in the Senate ameridni~nt. ' Pending which question, · Mr. Raymond moved That the further consideration thereof be indefinitely_ postp~ned;_':: And, ... . . ·.· . On the question, '' Shall the further. consideration thereof be fo~:, definitelr postponed ?". - ' The yeas and nays were ordered, . ' Which, being taken, were as follows : Teas-Messrs. Bacon, Frame, Johnson of Kent, Pilling, Raymond and Reed-6; · Nays-Messrs . .A.Uderdice, Bancroft, Booth, Bradford, Cooper, Corbit, Davis, Eliason, Houston, Johnson of Sussex, Jonlls, Latto- mus, Pratt; Waples and Mr; Speaker...:....:15. · So the question was decided in the negative, And the motion to postpone indefinitely . Was Lost.· The question; '' Will the House concur in the· Senate amendment?" still pend~n_g, ·· · - · · Mr. Pilling moved 531

.That the bill be recommitted to the Committee on R0ads and Highways, Which motion was · · Lost. The question recurring, ". Will the House concur in the Senate amendment ?" · On the qnestio.n, { . . ' . :M:r .. Raymond called for the yeas .and nays, Which, being taken, were asfollows : ' ' Yeas-Messrs. Allderdice, Bancroft, Booth, Bradford, Cooper, D·avis, Houston, .Johnson of Sussex and Waples-9. Nays-Messrs. Bacon, 'Corbit, Eliason,• Fram~, Johnson. of Kent, ,Jones. Lattomns, Pilling, Pratt, Raymond, Reed arid Mr. Speaker-12. So the question was decided in the negative; And the amendment Was Non-concurred in · Ordered that the Senate be informed thereof. On motion of Mr. Corbit, The Honse bill entitled, "An act to repeal Chapters 51 and 408 of the )2th Volume ofthe Laws of Delaware, and to amend Chapter 576 of the 11th Volume of said Laws," · Was read a second time. by its title. And further, · On his motion, The. bill was read a third time, and by paragraphs, by specialorder; with a view to pass the House. · · On the question, "Shall this bill pass the House?" It was decided in the negative, And the bill was Lost. Mr. Wolcott, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the following House bills ·and joint resolution, to wit : "A supplement to an act entitled, ·'An act to change the location and straighten a certain public road hereinafter mentione_d ;" "An act to incorporate the Delaware Brick Manufacturing Company;" 532

"An act to amend an act entitled, 'An act to amend Chapter 25 of the Revised Code, in relation to salaries of certain public officers,' passed at Dover, February 14, 1866 ;" "An. act to incorporate Christiana Lodge, No. 7, of 'the Independ­ ent Order of Good Templars, of the State of Delaware, in the vil- lage of Christiana," and · "Joint resolution authorizing Edward K. Smith to purchase coal, wood, stationery, &c., for the next session of tlie Legislature,'' And returned the same to the House. He also informed the House that the Senate had non-concurred in the. following House bills, to wit : . "An act for the protection of the property of married women," and "An act authorizing Colen Ferguson and others to cut a ditch across a public road, and for other purposes," And returned.the same to the House. He also informed the .House that the Senate had passed, and requested the concurrence of the Hense in th.e following Senate bill, to wit: · "A supplement to an act entitled 'An act to amend an act entitled 'An act regulating .the sale of intoxicating liquors, &c.,' passed at Dover, February 13, 1867," · · · And presented the same to the House. Mr. Davis, from the Committee on Roads and Highways, to whom was recommitted the House bill entitled, "An act to authorize Willard Richardson and David Scott to" ::ihange the location of. certain public roads upon their own .land in Milford hundred, Kent county, and to open other public roads in lieu thereof, at their own ~xpense," . Reported the same hack to the Honse with an amendment, Which, On his motion, . Was read, as follows : ' . Amepd the hill by inserting in Section 2, after the word "pre­ pared;" in teµth line, the :following, to wit: "and accepted by the Levy Court of Kent county." · And-further, On his motion, 533

The amendment was .Adopted. Whereupon, Mr. Davis moved That the bill, as amended, be read a third time, and · by para­ graphs, in order to pass the House, Which motion Prevailed. The question then being on the adoption of Section 2 of the bill, as amended, · • . It was decided in the affirmative,' And Section 2, as amended, Was .Adopted. Section 3 and the title of the bill having been severally read a.nd adopted, And, On the question, (tShall this bili pass the House?" · The yeas and nays were ordered, Which, being taken, were as follows : YeJs-Messrs. Allderdice, Bradford, Corbit, Davis, Eliason, Frame, Houston, Johnson of Sussex, Jones, Pilling, Pratt, Reed and Mr. Speaker-13. · Nays-Messrs. .Bacon, Booth, Cooper, Johnson pf Kent, Ray~ mond and Waples-6. · · So the question was decided in the affirmative, And the bill· Passed the House. Ordered to the Senate for concurrence. On motion· of Mr. Eliason, The House bill entitled, ".An act providing for the revision of the Public Laws of this State," · Was taken up for consideration. The question being on the adoption of the imeridment to the bill, . Pending the question, Mr. Waples offered an amendment to the amendme~~. _ Which, On his motion, 534

Was read, as follows : A~end the amendment to the hill by striking out the name of John W. ~ouston and inserting in tlieu thereof the name of Custus W. Wright. Whereupon, Mr .. Waples moved, That the amendmen.t to the amendment be adopted. · Pending which question, Mr. Eliason moved That the further consideration of the biUbe indefinitely postponed, And, On the question, . Mr. Reed called for the yeas and nays, Which, being taken, were as follows.: Yeas---,.Messrs. Allderdice, Bacon, Bancroft, . Booth, Bradford, Corbit, Eliason, .Frame, Houston, Jones, Lattomus, Pratt, Raymond, Reed and Mr. Speaker-15. . . Nays-Messrs. Cooper, Davis, Johnson of Kent, Johnson of Sussex, Pilling and Waples-6. So the question was decided in the affirmative, And the further consideration of the bill Was Indefinitely postponed. ·On motion of Mr. Houston, The House bill entitled, "An act to incorporate the Pokomoke River Improvement Com- pany," Was taken up for consideration. The question being, "Slmll this bill pa~s the House ?" Pending that question, Mr. Houston moved; That the bill be referred to a committee of five, Which motion Prevailed. .And the bill was so Referred• .Whereupon, 535

. Messr~. Houston, Lattomus, Waples, Bacon and Cooper were ap- . pointed said committee. · On motion of Mr. Frame, The Senate bill entitled, "An. act to divorce Mary A. L. Outten and .John 0. Outten from the bonds of matrimony," - . Was read a third time, and by paragraphs, And · Passed the House. Ordered that the Senate be informed thereof, and the bill returned to that body. On motion of Mr. Johnson of Kent, 'fhe House bill entitled, "An act to authorize the la~ing out a public road in Kent county," Was read a second time by its title, And further, On his motion, The bill was read a third time, and by paragraphs, by special order, with a view to pass .the House. And, Pending'the question, '' Shall this bill pass the House?" Mr. Bancroft moved '!.'hat the bill be recommitted to the Committee on Roads and Highways, Which motion .Prevailed, And the bill w:as Recommitted. On motion, The House adjourned unti.l ~ o'clock this afternoon. 536

SAME DAy_:.3 o'clock, P. M. The House met pursuant to adjournment. On motion of Mr. Jones, The House bill entitled, "A supplement .to the act entitled, 'An act to improv.ethe naviga­ tion of Cedar Creek,' passed at Dover, February 19, 1847," , Was read a second time by its title. Mr. Lattomus, from the special ·committee· to whom was referred the petition of sundry citizens of the town of Seaford, for an act to enable the commissioners of said town to convey a certain lot of land called "Market Space," · Reported a bill entitled, "An act ·to authorize the commissioners of the Town ofSeaford to sell and convey 'Market Space ' in said town, and to purchase another lot for the use of said town," Which, On his motion, Was read. Mr.. Lattomus presented the remonstrance of Alfred Cottingham and others, against the paasage of said bill, Which, On his motion, -Was read. On motion of Mr. Pilling, The Honse bill entitled, "An act to repeal Chapter DCIII of the Eleventh Volume of the Laws of Delaware," · Was read a second time by its title, And, . On his further motion, 537

The bill was 11ead a· third titne, and . by paragraphs, by special order, And Passecl the House. Ordered .to the Senate for concurrence. On motion of Mr. Pratt, The Senate bill entitled, "An act in relation to the Jamison's Branch Co'mpany," Was read a second time by its title, And, On his further motion, The bill was read a third time, and by paragraphs, by special order, with a view to pass the House . .And, On the question, " Shall this bill pass the House ?'' Th.e yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Bacon, Bancroft, Bradford, Cooper, Corbit,. Davis, Eliason, Frame, Johnson of Kent, Jones, Lattomus, Pilling, Pratt, Raymond, Reed and Waples-16. ·Nays-None. :::lo the question was decided in the affirmative; And the bill, having received the constitutional majority; Passed the House. Ordered that the Senate be informed thereof, and the bill· returned to that body. On motion of Mr. Raymond, The· Senate bill entitled, ".An act allowing an additional Constable in Duck Creek hundred, Kent county," Was read.· Mr. Reed presented the remonstrance of William H. Cooper and others, against the passage of said bill, · Which, On his motion, Was read, 538

And,. On his further motion, The further consideration of the bill Was. Ind,;.finitely postponed. Ordered that the Senate be inform'ed thereof and the bill returned to that body. On motion of Mr. Reed, The House bill entitled, "A supplement to the act passed March 17, 1865, entitled, 'An act to incorporate the Hudson's Branch Ditch Company,'" Was read a second time by its title, And further, On his motion, 'l'he bill was read a third time, and by paragraphs, by special order, with a .view to pass the House . . And, on the question, "Shall this bill pass the House ?" The yeas and nays were ordered, Which, being taken, were as follows: Yeas,-Messrs. Bacon, Bancroft, Bradford, Cooper, Corbit, Davis, Eliason, Frame, Houston, ,Johnson of Kent, Jones, Lattomus, Pilling, Pratt, Raymond, Reed and Waplcs-17. · Nays~Noue. So the question was decided in the affirmative, And the bill, having rec.eived the constitutional majority, Passed the House. Ordered to the Senate for concurrence. Mr. Bancroft offered a joint resolution rescinding the joint resolu-. tioh of adjournment and extending the session, Which,· On his motion, Was read, And, On his further motion, The resolution was Adopted. · Ordered to the Senate for concurrence. 539

On motion of Mr. Bancroft, The House bill entitled, "An act to amend Chapter 41 of the Revised Statutes· of the State of Delaware," Was ta~en up for consideration. Mr. Bancroft offered an amendment to the bill, Which,. On his motion, Was read, .as follows : . . Amend the bill by striking out all after the word "follows," in line 5, Section I of the bill, and inserting as follows, to wit : By striking out the. words taragraphs, as amended, , in order to pass the House. · And, On the question, "Shall this bill pass the House ?" Mr. Cooper called fot the yeas and nays, Which, being taken, were as follows : · Yeas-Messrs. Bacon, Bancroft, Bradford, Corbit, Davis, Eliason, Frame, Houston, Johnson of Kent, Lattomus, Pining, Pratt and Waples-13. · Nays...,.Messrs. Cooper, Jones, Raymond, Reed and Mr. Speaker· -5.· . So the question was decided in the affirmative, And the bill . Passe'd the House. Ordered to the Senate for concurrence. Mr. Wolcott, Clerk . of the. Senate, being admitted, informed the House that the Senate had non-concurred in the House· bill entitled as follows, to wit : · 540

"An act authorizing the construction of a over the Christiana River, at a point at or near Third street, in the City of Wilmington," And returned the same to the House. On motion of· Mr. Bacon, The Senate bill entitled, "An act concerning vessels anchoring in the ' Deep Hole,' at or . near the mouth of Broadkiln Creek," Was reacl. On motion of. Mr. Bradford, 'l'he House bill entitled, · ''An actto revive, reenact and amend the act entitled 'An act to incorporate the Black Swamp Ditch Company,' passed at Dover, February 16, 1841," Was read a third time, and by paragraphs, in order to pass the the Honse. And, On the question, " Shall this bill pass the Honse ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs.·. Bacon, Bancroft,. Bradford, Cooper Corbit, Davis; Eliason, Frame, Houston, Johnson of Kent, ,Jones, Lattomus, Pil­ ling, Pratt, Raymond, Reed, Waples and Mr. Speaker-18. Nays-None. So the question was decided in the affirmative, \ . . . . And the bill, having received the· constitutional majority, I Passed the House, Ordered to the Senate for concurrence. On motion of Mr. Cooper, The Senate bill entitled, "An act to divorce Ann Long and Phillip Long, from the bonds .of matrimony," · Was read a third time, and .by paragraphs, And . . . Passed the Ho·use. Ordered that the Senate be informed thereof, and the bill returned to that body. 541

Mr. Corbit, from the Committee on Enrollment, reported .the fol. lowing enrolled House· bills as being duly and correctly enrolled, and presented the same to the Speaker of ~he House for his signature, to wit: "An act to incorporate the Jordan Branch Ditch Company;"· "An act_ relating to liens ; " . . "An act to incorporate the Wilmington Steam Brick Manufactur­ ing Company;" ·· "An· act to incorporate the New York and Baltimore Express Steamboat Company;" · . - " An act to incorporate the Watson Collegiate Institute, Milford, Delaware;" ''An act in relation to the Brandywine Water Power Company;" "An act to authorize the opening of a new public road in Mispil­ Iion hundred, Kent county;" ''An act to incorporate the Dover Manufacturing· and Canning Company;" "An- act for the protection of sheep in New Castle county;" _"An act to incorp'orate Washington Council, No. 4, of the Order of United American Mechanics of the State of Delaware;" · "An act to incorporate the Delaware Le~ther Manufacturing and Belting Company," and "An act to incorporate the Farmers' Mutual Fire Insurance Company of the State of Delaware, ' Mr. Corbit, from the same committee, also reported the following enrolled Senate joint resolution as being duly and correctly enrolled, and presented the same to the Speaker of the House for his signa­ ture, to wit : "Joint resolution in relation to receiving no more new business." On motion of Mr. Corbit, The Senate bill entitled, "An act to incorporate the Diamond State Loan Association," W-as read a second time by its title; · Mr. Davis, on behalf of the Committee on :Corporations, to whom was recommitted the Senate bill entitled, . ''An act to jncdrporate the Hollywood Cemetery of Harrington, Kent county," · · · · · 542

Reported the same back_ to the House with an amendment, Which, On his motion, Was read, as follows: Amend the. bill by striking out the enacting clause, and also the words " the authority aforesaid," in line first, Section 1, and insert­ ing between the words '' by " and "that," in said line, the words fol­ lowing, to wit: '' The Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring therein)." And further, On motion of Mr. Davis, The amendment was Adopted. The question pending being on the adoption of Section 1 of the bill; as amended, It was decided in· the affirmative, And Section 1 was Aaopted. Section 2 having been read, An~ . Pending the question, "Shall that be Section 2 of the bill?'; Mr. Davis moved That the bill be recommitted to the Committee on Corporations, Which motion Prevailed, And· the Senate bill was Reoommi.ted .. On motion of Mr. Bancroft, l'he House bill entitled, "An act to incorporate the Delaware Trust Company," Was taken up for consideration. Whereupon, On motion of Mr. Bancroft, The Senate amendment to the House bill under consideration,·. Was read, as follows : . IN SENATE,. ·1 March 11, 1867'. S Amend the bill by striking out the word " public," in the second. 543 liiie of 'Section 6,. and inserting in lieu .thereof the word "private. n. Also strike out all between the word ·;, act," in the second ltne, and'. . the word !' and," in the fifthJine cif said section. ... . (Extract from Journal.) .. J. L. WOLCOTT,•· (For concurrence.) Ole-rkJ of Senate·, And farther, ·

Ou motion of Mr. Bancroft, (' 'l'he Senate amendment ., ... .. ' ··Was, Concurred' i,1i;. Ordered that the Senate be informed thereof.··. Mr. Wolcott, Clerk of the Senate,·being admitted,-informed ·.the House that .the .Senate had concurred in the Honse joint r.eso.lu­ tion rescinding the joint resolution of adjournment, and extending the session,n . And returned the same to the House . . On motion of Mr. Frame, 'l'he s'euate bill entitled, ''An· act to divorce Martha A. Massey from her husband, Nathaniel · Massey," · · · " · . Was read a second time by its,.titlet . , Arid f1irther, On motion of Mr. Frame, ·• · . The bill was read a third time, ancl by paragraphs, by special order, '.And Passed the House. Ord~red that the Senate be informed thereof, and· the'.biHr~turned to that body. "

' 'lir. Joh~so~ of Kent; from the Committee Oil Roads and High~ W-ays, to' whom w.as recommitted the House bill entitled, . · "An act •to authorize the laying out a public road in Kent county," Reported the same .back to the House, with a~ ame~

same section, the following words, to wit: "determine whether there is need of such public road for public travel, and if they in their judgment should so determine, they shall." And .further, On motion of Mr. Johnson of Kent, The amendment was Adopted.· Whereupon, Mr. Johnson of Kent· moved That the bill be read a third time, and by paragraphs, as amended, in order to llass the House. Which motion · Prevailed. Section 1 of the bill having been read, . .And,. On the question, "Shall that be Section 1 of the bill?" It was decided in the negative, And Section 1 was Lost, And the bill was Lost. On motion.of Mr. Jones, The Senate bill entitled, "An act to authorize the Recorder of Deeds, in and for Sussex county, to procure a new seal of office," Was read. On motion of Mr. Lattomus, . 'rhe vote by which the House bill entitled, "An act to regulate the selling of Indian Meal/' Was lost was Reconsidered. · The question pendirig being, '' Shall thatbe Section l.ofthe bill?". It was decided in the affirmative, ., And Section 1 was Adopted. The title of the bill having been read and adopted, And, On the question, "Shall this bill pass the House ?" . Mr.. Johnson of Kent, called for the yeas and nays,. Which, being taken;. were as follows : 545

Yeas-Messrs. Bradford, Cooper, Davi~, Jones, Lattomus, Pilling, Pratt, Raymond, Waples.and Mr. Speaker-IO. · Nays~Messrs. Bancroft, Corbit, Eliason,.Johnson of Kent, John~. son of Sussex and Reed-6. So the question was decided in the affirmative, . And the bill Passed the House. Ord.ered to the Senate for concurrence. On motion of Mr. Pilling, · The Senate bill entitled, "An act to divorce Ida A. W. Poulson and her husband, William C. T. Poulson, from the bonds of matrimo11y," · · Was read, And further, On his motion, The bill was read a second time by its title by special order of the .House. · · On motion of Mr. Pratt, The Senate bill entitled, · "An act to enable Martin F; Allaband to straighten and put in good order a public road on his own land at his own expense," Was read, · And, On his further motion, Was read a second· time by its title, by special order of the Hoµse . . On motion of Mr. Raymond, The House bill entitled, "An act to incorporate the Bright's and Haynes' Glades Ditch Company," Was read a second time. by its title. On motion of Mr. Reed, The House bill. entitled, ••An act to authorize the laying out a public road in Kent county/ Was read a third time, and by paragraphs, And Passed the House. Oraered to the Senate for concurrence. HB5 .. . 546

Mr: Raymond moved That when the Rouse adjourns this day it adjourn to meet to­ morrow morning at 9 o'clock . . Which motion Prevai.led. On motion of Mr. Bacon, The Senate bill entitled, "An act to revive and continue in force the act entitled, '.An. act · to enable Josiah W. Collins, John W. Short and Burton West to locate certain vacant lands in Broad Qreek hundred, Sussex county, Delaware, and complete their· title to the same,' passed at Dover, · February l8, 1861," .Was read a second time by its title. On motion,· The Rouse adjourned until 9 o'clock to-morrow mormng. 547

FRIDAY, Ma~ch 15, 1861-:-9 o'clock, .A; M. The House met pursuant to adjournment.. Prayer by the Chaplain. Mr. Raymond moved That when the House adjourns, it adjourns to. meet at Si o'clock on Monday evening next,. Which motion. :Pr.evailed~ Mr. Wolcott, Clerk of.the Senate, being admitted, informed .t,he House that the Senate had concurred in .the following House .bills, to wit: ''An act establishing a college for agricultural and mechanic arts in this State ;" · · ·· ".An act to authorize the opening and making .a new public road in Mispillion hundred, Kent county;" ''.An act to incorporate the Meredith Branch, Ditch Company;" . . '' . ''.Au act to authorize John W .. Counoway to alter !'tnd straighten .a public.road in Nanticoke hundred, at his own expense;" ''An act appointing commissioners to lay out a new public road in Kent county ; "An act to authorize the laying out a public road in Cedar Creek hundred, in Susse;t county," and "An act supplemental to. the act entitled, •An act to incorporate the Cooper Cemetery, of Murderkill hundred, Kent county,' passed at :Qover, .March 5, 186'f." '' ., < And returned the same to the House. On motion oLMr,. Booth, T.he House bilf entitl6d, .·· ••An act to amend Ohapte; 68 o.f the Revised Statutes of the State of Delaware, concerning retailers of goods, .!1-nd. · of peddlers/' Was. read a second time by its title. Mr. Bancroft presented the claim of Zadock Lt Butler against the State, 548

Which_,· . On his lllotion, Was re~d, And,· Ou his further motion, Was referred to the Committee on Claims.• On motion of Mr. Brad.for!}, The Hous·e bill entitled/' . CC.A, s~pplement to the act e.ntitled, •.An· act fri~ f~c~rporati~~ th~ Friendship Fire Company,. of the Borough of Wilmin'gfon," · ··.Was ta~en up:for con~ideration,c: : .. :.And further,,' ; On. his motion, .:.' '- .', ._:l:; ~~ ·.. , .-: : ·, •: i I:. ; ' . : '. :., ." .°'; .. ; J. ', i ,·.· ; ,:, : .; • ,. . : ; . \ ', :_;. ~'. ~: .' ; ' ' The Senate amendment to the billwas read, as'follo'rs.:: .

:. ·:i.I:N ,SENATJ!l, ; }·' , . .M~rch. a, .186'1: '; :i\.m.~~.dJ~«i ~m lly ~ttj~!pg, 011tJ~e w<>rd t pµbli~.'l:i!l> th~ second . line of Section 2, and insert inHeu .thereof the word "private.". . : "CE~tract ffoni J~urnal:). '. ·. · · J'i L. Wor.cofr/ .· .' . (Fo~ conhuf'~~riceJ .. : .' <) )· :' ., .':'. f .:_.;!">.f!',: .~_'. ;>;. '::::··,.::( ··:;·:i:,. :: . That the Senate amendment.be non~concurred.in, · W:~ic~.!llo~i.on ; ., ,, , ?re.vr1,iled, .And. the amendment was.,:;:' ;::: , . · Non-concurred in.. ...· • • ' ·.• ·. '1' '. : _)_- ·:: :'.···· _.,.: .: ' \' '. '._:· ·: ~. Ordered that the Senate be informed thereof, ana th1i°bill returned to that body. · · · · · Mr. Cooper, from the special committtie;"t'o #h'.om were' referred the joint resolutions appointing Zadock J:... :'Butlel' to .take ch!L.rge o( the. Senat.e Chamber and the Hall of the House ofRepresentativ.es, ;~ [.Rekofte«t'tbe, satne.' b~ck 'to; '.th~ H~U~(/ witbciut li'ni~ridin~nr ~nd wilh'the rec'oinmendation that thejpass: . . ' .· ; . . . • • ' :·: .. . '!;''-' . .And, theretipon; :Mr; 'CMper'. moved Tliat the joint resolutions be adopted. • 549

On the question, Mr. Allderdice called for the ye~s and n~ys, Which, being taken, were as follows : .. Yeas:--Messrs. Bacon, Booth, Bradford, . Qooper, Corbit, Davis, Eliason, Johnson of Kent, Lattomus, Raymond, Reed, Waples ancl Mr. Speaker-13. · · · Nays-Messrs. Allderdice, Bancroft and Pilling-3 . . So the question was decided in the affirmative, And the joint resolutions Were Adopted. ·. Ordered to the Senate for concurrence. On motion of Mr. Corbit, The Senate bill entitled, "An act to incorporate the Delaware Mut_ual Life Ins11rance Com- pany," · · Was read a second tit11e by it~ title. On motion .of Mr: Davis, The House. bill entitled, "A supplement to the act entitled, 'An act to improve the naviga~ tion of Cedar Creek,' passed at Dover, February 19, 1847," · Was taken up for consideration, Whereupon, . . • Mr. Reed offered an amendment to the bill, :Which, On his motion, Was read, as foHows: Amend by striking out Se~tion 8 of the bill. And further,· On his motion, '!,'he amendment was .Adopted. · And, .thereupon, Mr. Davis moved That the bill be read a third time, and by paragraphs, as amended, in order to pass the House. · J:>ending which question, / 550

Mr. .Allderdice moved That the House do now adjourn, Which motion Prevailed. .And the. House adjourned until· Monday ever,in'g next, at· half~ past eight "o'clock

MONDAY, March 18, 1861~8!-,o'clock, P. M. 'L'he House met pursuant to adjournment. On motion of Mr. Bacon, The Senate bill entitled, ''An act to revive and continue in force the act entitled, .'An act to enable Josiah W. Collins, John W. Short and Burton West to locate certain vacant land in Broad Creek. hundred, Sussex county, Dela~ ware; and complete their title to the same/ passed at Dover, February 18, 1851,". . _ . . _. .· . Was read a third,ime, and by paragraphs, · . . , · And. · · Passed the House. Ordered that the Senate be informed thereof, and the bill returned to that body, Mr. Bancroft presented the claim of Messrs. Jenkins & .Atkin­ son against the State of Delaware, Which, · On his motion, Was read, And further, · On motion of Mr. Bancroft, Was referred to the Committee on Claims. Mr.. Bradford moved That the House do now adjourn, Which motion was Lost. 551

On motion of Mr. Lattomus, 'l'he Senate bill entitled, ''A supplement to the act entitled; :,An act ,in ·relation to Free Sch,ools,' passed at J)over, March 3; 1857," . , .Was read a second. time by its title..

Mr. Bradford moyed, . That the House do now adjourn, Which motion was · Lost. On motion of Mr. Raymond, The House biU e11.titled, "A.further additional supplement to the ac.t entitled, '.An act for establishing the J>oundaries of the Town of Dover, and for other purposes therein mentioned,' .passed at Dover, March 2, 1853.'! Was read a second time by its title. · , . . ' Mr.Reed, from the Committee on. Enrollment, reported the foi­ Iowing enrolled Hoose bills as being duly and correctly .enrolled, and presented the same to the Speaker o.f the Honse for his signature, to wit. : · . . ; :. · ,. . · '. : · : : . ".An act to incorporate the Lobdell Car Wheel, Tire and Machine Company;" and . - ., · · · ''.Alla.ct to incorporate th~ Newark and Avondale Railroad Ooiri- pany." · · - .On motion of ~;fr. Reed,

. The. House bill entitled, . ''.An act to ainand Chapter '572 of Volume 12 ofthe Laws of Delaware, entitled, •Ari act for the benefit of Married Women,' " '· ... - . -· -·' . . , ... , : .· .·.. . . Was read a second time by its title. . : t1 : · ; ·,·..... :· ,, . Mr. R~ed oft'er~d a joint resolutionJn,relf!,tiqn to the duties pf the State. Treasurer, · ''Which, .. On his motion, . Was read; And farther; · 552

On his motion, The resolution was ·· · .·, .Adopted. .Ordered. to :the. Senate for concurrence; On motion; . The House adjourned until 10 o'clock to:m~;~o~'morning..

·.: TUESDAY, M~rch·l9; 18~7.i.:...lO. o'clock, A'. 1\1:' The House met pursuant to adjournment'.,< 1',1'11.yer_by the C~11.plain. . . · ~ "if:,' ·.. '. >; . : ... . . ' . " . ' . ' . ! The Senate bill entitled, .. '''A supplement to the· act entitled; '.An act to incorporate the . Seaford Odd Fellows' Jlall Company, at Seaford,' passed .at Dover, ]february.'l, 1862," ·was read, .And, On his further motion, . . ' ' · Was read a.secqnd t,ime by its .title, l>y special orderof the .House. . ,, .' '.. ' .· ' ; ,.·· _,,. ,, ·-- , . - Mr; ·Wolcott,·.01erk of the Senate; being admitted, returned'the following enrolled House bills, the same haviµg receive\! the ,signa­ ture of the Speaker of the ~enate, to wit: ,i.A.n act to. revive and reenact a' private act entitJed,".A.n act to enable James.W. Smith to locate certain vacant la.rid, situated in Broad Creek hundred, Sussex coanty, and to complete his title to the same,' passed at Dover, February 18, 1863 ;" · · "A. further supplemept to the ac.t entitled, '.An act. to, incorporate the Delaware Railroad Company,' republished among the acts of 1849;" 5.53

".An act to incorporate the Home Loan .Association;'' ".An act to authorize the sale of certain real estate in New Castle county, late of Elijah Hollingsworth, deceased;" ".An act to supply an a.mission het:,ein mentioned ;" ".An act to incorporate the Milford Neck Ditch Company;" . ".An act to incorporate the Town of Milford ; " ".An act to amend Section 2 of Chapter 4 and Section 2 of Chap· ter 6 of the Revised Cpde ;" "An ac.t authorizing John Williams to vacate a private road in l\tispillion hundred, Kent county;" and · "An actto divorce Catharine M. Crock, late. Catharine M. Keriip, .and her' husband,.· Michael Crock, from the bonds of matrimony." . He also presented, for the signature of the Speaker of the House, the following enrolled Senate bills a.nd joint resolution, the same having received the signature of the Speaker of the Senate, to wit : "An act to amend Chapter 66 of the Eleventh Volume of the Delaware Laws, entitled, 'An act in relation to public roads and highways in Mill Cre.ek hundred, in New Castle county;"' · "An act to amend Section 14 of Chapter 60 of the Revised Code, fo ·regard. to the compensation of Ro.ad C ommissionefa, in New· Cas­ tle county;" "An act to revive and continue in force .and amend an act en.titled, 'An act to incorporate the town of Milto~ ;'" "An act concerning free negroes and free mulattoes;" "An act to divorce Rebecca Lilly from her husband, Henry Lilly ;" ~d . "Joint resolution of adjournment." He also informed the House ,that the S,enate hltd requested the return to that body of the House bill entitled, "An act authorizing the construction of a drawbridge oyer the Christiana river, at a point a"t or near 'fhird street, in the.· City of · Wilmington." · On motion of Mr. Bradford, The House bill entitled,_ "An act authorizing the construction ofa drawbridge over the .Christiana River,. at a point at or near Third str.eet, in the City of · Wilmington," ·. .· ~ . · · · .. ·. ·· .. · · ·.. • · · . . Was ordered to· be. returned to the Senate iu pursua11ce of the re- quest of that body. · · 554

Mr. Bacon presented the petition of John P. Springei·, and other .citizens of the City ofWilmington, praying the passage of a general license law, · Which, On his motion, Was read. Mr. Wolcott, Clerk of the Senate, being admitted, informed· the House that the Senate had adhered to its amendment'to the House bill entitled, . "An act to amend the act entitled, 'An act authorizing the laying out of.certain roads in Duck Creek hundred, in Kent county.'" And also that the Senate had appointed a Committee of Confer­ ence upon the disagreement between the two Houses, and requested the. appointment of a like committee on the part of the House; and that Messrs. Bewley, Paynter and Ellison were appointed said committee on the part of the Senate. · On motion of Mr. Reed, The House. resolved itself into Committee of the Whole, for the consideration of the House bill entitled, "An act to raise revenue and provide for the current expenses of the State Government," . With leave to amend any part of the bill. · Mr. W a pies in the chair. After some time spent in consideration of the bill, On motion of. Mr. Reed, '!.'be Committee rose. · Mr. Waples, chairman of the Committee, of the Whole, reported back the bill with sundry amendments, Which, On1his motion, Were read, as follows : .A.mend the bill by striking out of liue nine, Section 1, the words "manufacturing vinous, spirituous or malt liquors, or." .A.mend the bill by striking out lines eleven and twelve of Section 3 and inserting in lieu thereof the following:. "Every license provided for by the act passed at Dover, March 3,' 185'7, each applicant therefor shall pay one hundred per cent. ·additional for· each .and every said license required in said act." . 555

Amend the bill by striking ont all of Section 5 from and including the word "every," after the word "·act," in line thirty-three of said I section. Amend Section 3, line six. of the bill, by fosertirig after the word ·,'. dollars" the following, to wit: "Unless such goods are manufacs tured in this State." · And further, On motion of Mr. Reed, The amendments were. .Adopted. On motion of Mr. Davis, The House bill ·entitled, ''A supplement to the act entitled;· 'An act to improve the naviga­ tion of Cedar Creek,' passed at Dover, February 19; 1867;" Was taken up for consideration. · The question being, " Shall the bill be read a third time, ·and by paragraphs, in order. to pass the House?" · Pending that question, Mr. Di;tvis . presented the petition of Nath~;l Pratt .and others. for, and the remonstrance of 'fhomas J. Davis. and others . against the passage of said bill, Which, On his motion, . Were read, Whereupon,. On his further motion, Th; further consideration of the bill was postponed until .to-morrow · morning. On motion of Mr. Lattomus, The Senate bill entitled, "A supplement to the act entitled, 'An act in relation to Free Schools,' passed at Dover, March 3; 1857 ," Was read a third time, and by paragraP.hs,. • . I , • . And Passed the House. Ordered that the Senate be informed thereof, and the bill returned to that body. 556 \

On\. motion. . . . of. Mr.' . Pratt,' . . ,. The Senate bill entitled, "An act to enable Marti_n F. Allaband to str!l,ighten and put in good prder a public road on his own _land at his owll expense,'' · .. Was ~ead a third time, and by par~graphs, .. And Passed the. Hou,se. Ordered that the Senate be informed thereof and the bill returned to that body. On motion of Mr. Reed, The House bill entitled, "An act to amend Chapter 572 of Yo_lume 12 of th!) l,aws of Dela­ ware, entitled,'An·act for thebenefit ofMar.ried Women,'" Was read a· third time, and by paragraphs, :And Passed the House. Ordered to the Senate for concurrence; On motion of Mr. Waples, . . ' The Senate bill entitled, "An act to incorporate the Morris Branch and Beaver Branch Banking Company," Was taken up for consideration. And, thereupon, . . Mr. Waples offered an amendment to the bill under consideration, Which, On his motion, Was read, as follows : Amend the hill by striking out all after the ._word "therein," in the third line of Sectie,n 1, and inserting in lieu thereof as follows, to wit: . . "That the owners of the marsh, cripple and low lands in Appo­ quinimink hundred, New Castle. county, and St9:te of Delaware, situate upon and contiguous to Morris Branch, and the several , branches emptying into the same, and lying eastwardly of the public road leading from.the Odessa a_nd Smyrna road to 1'horonghfare Neck, shall compose a company to be called the "Mo_rris Branch 557

and Beaver. Branch Banking Conipany," for the ptirpose of b~nking; draining, ditching and reclaiming the s~id marsh, cripple and low ~~ ...... ;, SECTION 2. And be it further enacted, That Joshua B. Fenni­ more, Jacob Deakyne and John M. Vosh.ell are hereby ap'pointed Commissioners, whose duty. it· shall be; within sixty days after the passage of this act, to go upon and view the said premises, and lay out such ditches, banks and sluices as they may deem necessary for the purpose of draining and reclaiming 'said marsh, cripple and low land in a manner most conducive to the general benefit of the owners thereof. And said Commissioners shall estimate the. cost of such ditches, hank ,and sluices, and determide from whose land the earth necessary for said banks shall be taken, and the damages which will be sustained by any owner or owners by reason 1of the construction of. said ditches, banks or sluices, or by reason of the taking'of earth necessary for said banks, and such damages shall be paid or tendered to the per,ion or persons entitled to the same before the said ,works shall be made. And said Commissioners shall ascertain all .the owners of said marsh, cripple and low lands, and the quantity held by each, and shall appraise the same, having regard in such appraise­ ment to the benefit to be received by each owner ; and said appraise­ men t shall be the valuation upon which· all taxes shall be· assessed and levied under this act. .A.nd said Commissioners shall make a certificate under their hands, containing a description of the banks, ditches and sluices which they may deem necessary to be made, and the estimated cost thereof, and the names of the owners of the land from which the earth necessary for ·said banks shall be taken, arid the damages which will be sustained by any owner or owners as afore 0 said, and the names of all the owners of. said marsh, cripple and low land, and the quantity held by each; and their appraisement of the same. .A.nd said Commissioners shall return said certificate to·the Recorder's office, at New Castle, there to be recorded, and said cer­ tificate shall be final and conclusive upon· all parties. .A.nd said cer­ tificate, when· recorded,· shall be delivered· to the managers of said company, and said certificate, or a certified copy of the record threof, shitll be competent evidence in all cases .. .A.nd in case any of said Commissioners, or any of the . Commissioners herea~ter to be ap, pointed, shall die, resign or refuse to. act,. before all the duties as­ signed to them under this act sba.ll have been performed, any judge of this State may, upon the petition of a majority of said owners, fill said vacancy or vacancies by the appointment of a suitable per­ son or persons. Said Commissioners may einploy'a skillful and dis­ in.terested Surveyor to aid them i.n .the. performance of th.eir. duties under this act, and said Commissioners an,d . Surveyor shall, before going. upon said. premises as aforesaid,. be severally sworn. or affirmed . before a JUStic~ of. the peace of this State, to perform . their duties respectively under this act with impartiality and fidelity. All of said 558

Oolllmisioners sh~ll ac~, .but . a: majority u:iay do or _det~rniine, 11ny. matter'. ~aid· O<>lllllliilsioners shall give at least five day_s' Mtice:or. the time when they will go upon said. premises to view the same; by advertisements s.et up. in at least five_ of the most public. pla~es in .the neighl>orhood ,of. sai~ j>rellli~es. ' ...... · ... SECTION: R 4rid be it furthet enacted, That: the Oomro'issioners -shaU; .. within;. thirty days from 'the: return· of their certificate .to th~ Recorder's office as aforesaid, caII:a. :meeting at .the Delaware 'House; ._ in the tow.llcif Smyrna., of the owners of said marsh, cripple and lo:w lands;. for the purpo'se of· chasing three managers, one of whom shall;~· by:.said owners, also be: chosen:Treasorer; .. And said Oommissiol)ers .shall give at least: ten da.ysl, ,notice, pf: the. time and:, pl~ce of. said meeting :by: advertisements set np. in at least five. of the most p_ublic places in:·the neighborhood •of. said premises .. And_ the managers she.II annually thereafter; in the ·same manner; call a. meetin~ of said owners for the: same pilrpose;.on the first Tuesday:' in April, at the same.place, or in.such:other place as _the said ownner shall.have desig­ nated:at any previous:meeting; · And every.manager. and.Treasure·r who may be,chosen, under· this act; shall. continue in office until the first T11esday:in :April, next:after,'his.election, anq until his .successor shall;be. chosen:. Said managers·. alid·.Treasurer shall.be chosen. by ballot, and' by, a. majority ,of the votes cast, but ·no person. shall be . · elected,. to; or:.hold ·either-of said offices who is not the, owner :of at \ least. five acres .(if marsh; crip.ple or low land within the .bounds·.-of said .company:· and. liable to. tax ·under this ·act: .. -And. any annual meeting:may be adjourned from time to time, and other meetings may be·called.by:.thema.ria.gers at silch•times and places as:they inay,de, signate by giving·ten days' notice thereof as aforesaid. . And .if: the managers o:(,Treasnrer, ·or any of them, .. shall riot be:chosen at an annual meeting;, so,ch officer or officers .. mafbe chosen at,e.n adjourned. meeting, or any meeting called for that purpose as; aforesaid. 'And if .any manager or '.l;'-reasurer shall die, resign, or neglect or refuse to act, a: vacancy may: be: declared, arid such vacancy filled at an ad­ journed meeting: or any other meethig calle4 for ,that purpose as , aforesaid; .And at all meetings oC the ·said. comp·any ,ev:ery owner .shall be entitlea to cast one vote for a.very: five dollars.otthe assessed . value. of the 11;1arsh,:cripple or low land, w.ithin the oo'imds of. said oompti.ny belonging to him, her or them, and liable to. tax. under ,this. · ac,t: :;p_romded, however,·: That the:.ownel'S :of.individual interests, shall be deemed ta, single. owner:. and. every.infaut,owner may, vote by his :guardian, and every owner may: vote by: proxy:·duly,appointed by writing 'iiiider.. hi13 or her. hand. , . : : ) · ... :. . . . . '; , ; : . . ' ,, . . ,- . . . . . : . . . , .. : .. - , . . . ·. r. , , ' -.... , ... ,.·. ·. . .·.. ·. . . ~: ••• SECTION ..... ;And bdtfurther enacted, ,'fhat it'shaHbe the duty -of the,managers Of S!l,id companfto m'ake such 'ditches; bankf and sluices as sliaHbe laid out an(designated by: said 'Commissioners; .as ~foresaid,:. and tli,ey shali .cle11.nse and -repair .the same .w:heri :n_ellessary:, . . " . . -- . ·' ...... ~ ·' "'"., .. · ... ' . ' ' : . . ·' ' ' . ' . . '; ' ., '.· : . ' ' ' . 559

and shall have power to enter upon and take from the land .desig­ nated by said Commissioners the earthnecessary for said banks, and they shall have all other needful powers for t_he purposes aforesaid. And all .payment shall- be ma.de by orders drawn by two. managers· upon the 'l'reasurer, and every order shall specify the service or pur, pose for which it .is drawn. . And the. Treasurer shall a reglllar account of all his receipts and expenditures and render the same to the c,ompany at the annual meeting, or at s_uch other times as they may designate. "SECTION 5. And be it further enacted, That the managers shall from time to time determine what sum of money it will be necessary and expedient to raise for the purpose of constructing,·cleaning and repairing the ditches,· banks and sluices laid o_ut by said Commis- . sioners, and for the payment of such other expenses as. may be au­ thorized by this act; and they shall thereupon. apportion and assess. ,such .sum upon and among the several owners of said marsh, cripple and low lands, according to the valuation made by the commissioner ~· aforesaid, and at· a certain rate upon such .valuation, ·And said managers shall thereupon make out a list, under their hands, showing the assessment of each owner, and the amount of the tax he is liable to pay, and shall deliver the same to the Treasurer; and such list shall be his sufficient warrant and authority for collecting the several taxes thereon mentioned : Provided, however, That the · whole amount of the. tax le.vied under this act,· during the year com­ mencing with. the date of the return of the Commissioners' certifi­ ·Cate to the Recorder's office as aforesaid, shall not exceed the sum of - two thousand dollars, and that the whole amount of said tax which may be levied during any subsequent year, shall not exceed the sum of one thousand dollars . . " SECTION 6. Arid be it further enacted, That the T.reasurer, be­ fore he enters upon the duties of his office, shall give bond to the .company by their corporate name, with at least one sufficient surety, to be approved by the other managers, in a penal sum of three thousand dollars, conditioned that he shaUpay all moneys that shall come to his hand by virtue of this act to such person or persons as the other managers may order and direct, and shall exhibit to the members of said company a true and faithful account of his receipts and payments at every annual meeting ')f the company, and at such other times as the said company may direct, and shall, when he -ceases to be treasurer, deliver all moneys, books and papers belonging to said company to his successor in office ; and shall, in aH things, faithfully perform the dllties of his ·sai.d office, according to the true intent and meaning of this act. .· " SECTION 7. ·And be it further enacted, That the Treasurer shall, within ten days after he shall receive said list of taxes as aforesaid, deliver to such owner, or forward to him )Jy mail, a·written notice 560 of .ihe amount of the tax which he is liable to pay, and if such tax shall remain -unpaid for. the space of thirty days after such notfoe; said· Treasurer ma.y, and shall proceed to levy and collect such tax, in the same manner, and by the same means as are provided by law for the collection and recovery of county taxes : Provided, howe·ver, That said Treasurer shall advertise at least thirty days before the day of sale: And provided further, That no tax shall be demanded_ after the expiration bf three years from the time when the same shall be first payable. And the Treasurer shall have the same powers to collect .and levy all unpaid taxes upon any list delivered to a former treasurer., as the treasurer had to whom said list was originally delivered. . '' SEOTION 8. And be it further enacted, That if any person shall wilfully or negligently injure any of the banks, sluices, or other works of. said company, every person so offending shall, for each and every offence, forfeit and pay to said company the sum of one hundred dollars, and also the damages sustained by said company, by reason of such injuries; to be recovered before any Justice of the Peace in New Castle county, in the· same manner as .debts under one hundred dollars are by law recoverable ; and. jurisdiction for this purpose is hereby given to each Justice of the Peace of said county. · "SECTION 9. And be it further enacted, That each Commissioner shall receive the sum of three dollars, and each manager shall receive the sum· of two dollars for every day actually spent by him. in the discharge of his duties . under this act : Provided, however, That the whole compensation of all the managers, exclusive of compensa­ tion to. the Treasurer for' his services as Treasurer for the year in which the same bank and sluice shall be constructed, shall not ex­ ceed the sum of one hundred dollars, and for any subsequent year_ shall not exceed the sum of fifty dollars. And the surveyor em­ ployed by the Commissioners shall have such compensation as shall be agreed upon by them. .And the 'l'reasurer shall have such com­ pesation as shall be agreed upon by the other managers, not ex­ ceeding eight per cent. on all moneys collected by him. '.' SECTION 10. And.be it further enacted, 'rhat the ownei·s of the said marsh, cripple and low lands, and their successors in title .t.o the same, are hereby incorporated for the: purposes in this act mentioned, under the name of ' The Morris Branch and Beaver Branch Banking Coi:npany,' 11,nd under and. by that name shall be able fo sue and be sued, plead and be impleaded in any court of law or equity in this State ; and shall have and enjoy all the rights, incidents and privi­ leges common to such corporations. "SECTION l l. And. be it further enacted, 'l'hat this, act shall be deE)med. and taken to· be a. private act, and the power to alter or re­ voke, the same is hereby r~served to the Legislature." 561 .

. And further, On motion of Mr. Waples, The amendment was Adopted. · W,hereupon, Mr. Waples moved, That the Senate bill be read a third time, and by paragraphs, as ~mended, in. order to pass the House, · . · Which motion ·Prevailed.· And And, on the question, "Shall this bill pass the Honse?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Bacon, Bancroft, Booth, Bradford, Cooper, Davis, Frame, Houston, Johnson of Kent, ,Johnson of Sussex, Lattomus, Pilling, Pratt, Reed, Waples and Mr.. Speaker-16. Nays.,-N one. So the question was decided in the affirmative, And the bill, having received the constitutional majority, Pass~d the House . . Ordered that the Senate be informed thereof, and its concurrence in the House amendment requested. On motion of Mr. Bncon, The Senate bill entitled, "An act to prevent the running at large of horses, mules, colts, cattle, sheep, hogs and goats within the limits of the Town of George­ town, in Sussex county," Was read, And, On his further motion, The bill was read a second time by its title, by special order of the House .. . On motion of Mr. Bancroft, The Senate bill entitled, "An act to incorporate the Diamond State Loan Association," H36 562

Was read a third time, and by paragraphs, in order to pass the the House. And, . , On the question, "Shall this bill pass the·House ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Bacon, Bancroft, Booth; Bradford, Cooper Davis, Frame, Johnson of Kent, ,Johnson of Sussex, Lattomus, Pilling, Pratt, Reed, Waples and Mr. Speaker-15. Nays-None: So the questi!)n was decided in the affirmative, And the bill, having received the constitutional majority, Passed the House. Orclet·ed that the Senate be informed ther~of, and the bill returned to. that body. On motion of Mr. Bradford, The Senate bill entitled, · "An act to divorce Ida A. W. Poulson and her husband, William C. T. Poulson, from the bonds of matrimony;'' Was read a third time, and by paragraphs, And Passecl the House .. Ordered that the Senate be informed thereof, and the bill returned .to that body. Mr. Reed, in pursuance of previous notice, Asked, And, On motion of Mr. Cooper, Obtained leave to introduce a bill entitled, "An act to amend Chapter 190 of Volume 12 of the Laws of Delaware, 'Concerning Mechanic's Liens,'" Which, On motion of Mr. Reed, Was read, And, On his further motion, 563 . . . The bill was read a second time by its ·title by special order of the . House. · : · .. ··. On motion, The House adjourned until 3 o'clock this afternoon:

.SAME DAY-3 o'clock, P. M. The House met pursuant to adjournment. 011 motion of Mr. Cooper, The Senate bill entitled, "A supplement to an act entitled 'An act to amend an act .entitled 'An act regulating the sale of intoxicating liquors, &c.,' passed at Dover, February 13, 1866," · · · Was read, And, On his further motion, ...... •, . Was read a second time by its title, by' special order of the House. Mr. Davis, on behalf of the Committee on Corporations, t,:>'whom was recomm.itted the Senate bill entitled, · ''An act to incorporate the Hollywood Cemetery of Harrington Kent county," Reported the same back to the .House with an amendment, Which, • On his motion, Was read, as follows : Amend the bill by striking out the enacting clause, and also the words. "the authority aforesaid," in line 1, Section I, and inserting between· the words II by" and "that," in said Hne, the words follow­ ing, to wit: "The Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch concurring therein,) . · 564

.And, On his further motion, The amendment was Adopted, .. .And further, On m.otion of Mr. Davis, The bill was read a third time, and by paragraphs, as 'amended, in order to pass t~e House, .And, On the question, " Shall this bill pass the House?'' The yeas and nays were ordered, . Which, being taken, were as follows : Yeas-Messrs. Bacon, Booth, Bradford, Cooper, Corbit, Davis, Frame, Johnson of Kent, Johnson of Sussex, Lattomus, Pilling, Pratt, Reed, Waples and Mr. Speaker-15. Nays-None. So the question was decided in the affirmative, .And the bill, having received the constitutional majority, ..· Passed the House. Ordered. that the Senate be informed thereof, and its concurrence in the House amendment requested. . .. ' · .On motion of Mr. Johnson of Kent, ;rhe Honse bill entitled, ".An act to incorporate tile Bright's and Haynes' CJlades Ditch· Company," Was read a third time, and by paragraphs, i~ order to pass the· House.· .And, On the question, " Shall this bill pass the Honse ?" The yeas and nays were ordered, Which, being taken, were as follows : ::feas-Messrs. Ba.con, Booth, Bradford, Cooper, Corbit, Davis, Frame, Johnson of Kent,· Johnson of Sussex, Lattomus, Pilling, Psatt, Reed, ,Waples and Mr. Speaker-,-15. Nays-,-N one, So the question was decided in the affirmative, · 565

And the bill, having received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. Mr. Wolcott, Clerk of the Senate, being admitted, returned the following enrolled Rouse bills, the same having received the signa­ ture of the Speaker of the Senate, to wit : . . "An act to incorporate Washington Cou11cil, No. 4, ofthe'Order _of United ~merican Mechanics of the State.of Delaware;" "An act for the protection of sheep. in New Castle county;" and "An act to incorporate the Delaware Leather Manufacturing and Belting Company." Re also informed the House that the Senate had concurred in the . following House bills and joint resolution, to wit : "An act in relation to the Clerk. of the Peace in and for New Castle county;" "An act authorizing the laying out a public road in Little Creek hundred, in Sussex county;" ''An act to incorporate the Diamond State Mutual Life Insurance Company," and · "Joint resolution appointing Zadock L. Butler to. take charge of the Senate Chamber and the Hall of the House of Representa- tives." · And returned the same' to the House. He also informed the House that ·the Senate had passed· .and requested the concurrence of the .House in the following joint reso- lutions, to wit : · ''Joint resolution appropriating six hundred dollars to pay the contingent expenses of the office of Secretary of State," and "Joint. resolution in regard to the office of· Secretary of State," . And presented the same to the House, On motion of Mr. -Lattomus, The House bill entitled, ''An act',to amend ,Chapter 55 of the Revised Code of the State of Delaware;" Was read· a third_ time,. and by paragraphs, And Passed the• House.·· Or'aered to the Senate for concurrence; 566

On motion of Mr> Pratt, . The House bill entitled, "An act to.incorporate a State Dental Society,"< _< '\Vas.re~d .a third. tilile, and .by paragraphs, with a ::vi~w to pass .,the House. · · · · · ·, .·. ·. . .. Sectio~s 1, 2, 3, 4, 5 and 6 having been r~ad and a:d°o~ted; and : Section :'1 read, · · - · On the\ue~tion; " Shall that b~ Secti~ll '1 of the bill f'' The. yeas and nays ~ere ordered, Which, being taken; were ~s follows : ... · Yeas-:-Messrs. Booth, .Bradford, Cooper, Houston, Pratt, Reed Waples and Mr. Speakei'-8; · .. Nays:--Messrs.' Bacon, Corbit, Da~is, Johnson of Kent, Jol\nson of· Sussex, Lattomus, Pill~ng and Raymond~S. ·. So .the question was decided in the. negative,. And Serition '1 of the ·bili'was . Lost. ·. The .title having been read and adopted, · .And,· On theqtiestio~; ,; Sha.Hthis'bill pas~ the ·Ho~se ?" The yeas and nays were ordered, Which, being taken,. were as follows: Yeas-:-Messrs, Bacon, Booth, Bradford, Cooper, Corbit, Davis, - Houston, _J oh11son of Kent, Johnson of Sussex, J,ili.ttomas; .Pilling, · Pratt, Raymond, Reed, Waples and Mr. Speaker-J,'6,. ·

Nays-None.. . . So the question was decided in the affirmative, . And the bill, having received the constitutionai majority, I . ·Passed the House . . Ordered to the Se.nate for concurrence. On motion of Mr. Raymond, The House resolved·. itself. into Committee of the Whole for the COJ'.!sideration of the l{ouse bill entitled, - ''An act to rais1i revenue and provide for the current expenses.of t).e State: _Government." . .. · . Mr;_ Waples in the chair. . 567

After some time spent in consideration of the bill,· On motion of Mr. Ree<;l, The Committee rose. Mr. W aple8, chairman of the Committee of the Whole, reported . back the biU with sundry amendments,. · Which, On his motion, were read, as follows : . Amend the bill by striking out .these words in line 5 and line 9 of Section (i, to wit : "Manufacturing vinous, spiritous, or malt liquors." · · Also strike out the words "no license granted .. to the manufactur­ ers of any vinous, spiritous, or malt liquors shall ,authorize him, her or them to sell the same, but a distinct and separate license there­ for shall be required," occurring in .lines 42, 43 a.mi 44 of.Section 6 of the bill. Amend by adding after the word " samples," in lineJ 6 of Section 5, these words, "unless the same be manufactured in this State." Add the following section to the bill : " SECTION 22. And be it jiirther· enacted, That all persons 1:1ow doing business under licenses heretofore granted shall, upon the ex­ . piration of the period for which they were granted, be allowed to take out, if desired, fractional license up to the first of June· next ensuing after this act. shall take effect .. " ·. .Amend the bill by making such changes in .the numbering of sec· tions as are rendered necessary ·by such amendments as have been made .to the bill. On motion of Mr. Reed, The amendments were · Adopted. ·Mr. Reed Asked, And, Qbtained the unanimous consent of the Honse to introduce a bill entitled, l "An act to incorporate the Dover Academy, and for .other pu,, poses," Which, :568 ()n bis motion; Was.read, And further, . On bis motion, · . W~ read a ~econd time.by its .title by.special.order of the' House, . And O,n the further motion 9f. Mr. Reed, . The bill was read a third time, and by parl!,gra.pbs, by special order, with a view to. pass th11 House.. . .. ,. . . ' . · , . : . , ,, ' • "i '· ··'' ., •.••• , '' ' ., • • ., .. And,. On the questi<;m, I' Shall this. bill pass the House ?" The yeas and'nays were order~d, • . . . ' \Vhich, bei.ng taken, were, as f~llowa : Yeas-Messrs: Bacorli >Booth, Bradford, Cooper, Corbit, Daris'. Houston, Johnson of Kent, Jones, Lattomus, Pilling, Pratt, Itay~ moqt:l; Reed, ,Wap1¢s and Mr. Speaker~l6. NayEJ..;.;;.N o'ne'.. So the question was decided 'in the affirmative,: : ;A:nd•the ·bill; having receiv6d the c:onstitutional majority; . .',f.iis8e4 ihe .·Ifouse.-.. •,.) . . O;dered to the Senate for co~currence. .

On ·motion of Mr. Bacon, ~ · 'l'he Senate 'biU entitled, .. . · "An act to authorize the Recorder of Deeds, in and for Sussex ·county, to procure a Iiew seal of office," ' . . ' .Was read a second tim!) by its title. And further, On motion of Mr. Bacon; ..... · The Senate bill was read a third time, and by paragrap~s, by special order; . . , . . , ". I :. . .. :: . ''. .; ·,·:,··.·· · · And Passea the Elq_use. , Ordered that the Senate be informed. thereof,. and. the bill retu~d to' that body; . . .. ' . . ·. . , ' ' ' .. : .' .

Mr. Bradford 569

Asked, And, On motion of Mr. Reed, Obtained leave to introduce a ?ill entitled, ''An act to incorporate the Delaware Boot and Shoe Manufactur- ·ing Company," Which, On motion of. Mr. Bradford, ,Was read, And further, On his motion, Was read a second time by its title, by special order of the House. And, On the further motion of Mr._ Bradford, The bill was read a third time, and by paragraphs, by special order, with a _view to pass the Ro.use. And, On the question, " Shall this bill pass the House ?" The yeas and nays were ordered, 1 · Which, 'being taken, were as follows : Yeas..:...Messrs. Bacon, Booth, Bradford, Cooper, Corbit, Davis, Houston, Johnson of Kent, Jones, Lattomus, Pilling, Pratt, Ray­ ·mond, Reed, Waples and Mr. Speaker-16. Nays-None. So the question was decided in the affirmative, •. · And the bill, having received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Cooper, · l,)e House bill entitled, "An act to amend Chapter 125 of the Revised Statutes of the ,State of Delaware.'' Was taken up for consideration. Whereupon, • 570

Mr. Cooper offered an amendment to the bill under consideration,. Which, On his motion, Was read, as follows: Amend the bill by striking out _all after the enacting clause, and. insert· in lieu thereof the following: 'l'hat 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 ,i consta- ·1 ble," i~ said section, and insert in lieu thereof the following: " For attendance upon the Superior Court, Court of Oyer and Terminer and Court of General Sessions of the Peace and Jail De­ . livery, each day, to be paid b)'the County Treasurer upon certificate of attendance under the hand1 of the Clerk, the sum of two dollars, and three cent, per mile going and returning. " A constable shall not be allowed for attendimce upon two Cour_ts sitting at the same time. "For attendance in. the Levy Court each day, to. be paid by the· county, two dollars, and three cents per mile going and returning. "For attendance a!! bailiff or petit or special jurry during trial until verdict, fifty cents. " SJWTIO~ 2. And be it further enacted, That Section 19 of said 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 fo1' lowing: · '' For attendance upon a Court by a bailiff not being a. constable, two dollars per day, and .three cents per mile going and returning, to be paid by the County T.reasurer upon certificate of attendance, under the hand of the Clerk of the Court." On motion of Mr. Cooper, The amendment was Adopted . .And, thereupon, On his further motion, The bill was read a third time; and by paragraphs, as amended, And Passed the House. Ord.erea to the Senate for concurrence. Mr. Corbit Asked, And, 571

Obtained, the unanimous consent of the House to introduce a bilJ entitled, . ''An act to incorporate the Kirkwood Loan Association in Red Lion hundred, New Castle county," . Which, On his motion; Was read, And, On his further motion, ·was read a second time by its title, by special order of the House, . . . ' And further, On motion of Mr. Corbit, - The bill was read a third time, and by paragraphs, by special order, with a view to pass the House. · And, On the question, ".Shall this bill pass the House?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Mes.srs. Bacon, Booth, Bradford, Cooper, Corbit, Davis, Mfouston, Johnson of Kenh Jones, Lattomus, Pilling, Pratt, Ray- ~ond, Reed, Waples and Mr. Speaker-16. . Nays-None. So the question was decided in the affirmative; And the bill, having received the constitutional majority; Passed the House. Ordered to the Senate for concurrence. Mr. Corbit, from the Committee on Enrollment, reported the fol­ lowing enrolled House bills and joint resolutions as. being duly and correctly enrolled, and presented the same to the Speaker of the House for his signature, to wit : "An act to incorporate the Newark Woolen Manufacturing Oom­ .pany ;" "1\.n act to amend an act entitled, 1An act to amend Chapter 25 of the Revised Code, in relation to salaries of certain public officers,' passed at Dover, February 14, 1866 ;" . · "A supplement to the act entitled, 'An act to charige the location and straighten a certain road hereinafter mentidlled ;" 572

·"An.act relating to county assessments in New Castle county;" "An· act to amend Chapter 42 of the Revised Statutes of the State of Delaware, 'Of Free Schools ; ' " · · · " An act to divorce Joshua Scotten and Sarah E. Scotten, his wife, from the bonds of matrimony ; " "An act to revoke in part an act entitled, 'An act for the incorpo- ration of the town of St. Georges;'" . "An act to authorize Rev. William Warner and Garretson Sauls­ bury to straighten a public road;" "An additional supplement to an act entitled, 'An act to provide for the erection of a public bridge across Broad Creek, at the town of Laurel, in the County of Sussex;'" "An act in relation to the judgment and continuance dockets of the Superior Court of Kent county, and the general indexes to the same;" ",Toint resolution rescinding the joint resolution of adjournment, and extending the session;" ''Joint resolution in relation to the State Library;" ''Joint resolution adjourning the two Houses of the General As­ sembly sine die;" and ".Joint resolution appointing Edward K. Smith to purcha.se coa.:J.. 'wood, &c." ' • On motion of Mr. Davis, · The Senate bill entitled, "An act to authorize the laying out a public road in Milford hundred," · . Was read, And, On his further motion, Was read a second· time by its title, by special .order of the House, And further, On motion of Mr. Davis, The Senate bill was read · a third time, and by paragraphs, by ~~~~ . · And Passed the House. Ordered that the Senate be informed thereof, and the bill returned to that body. On motion of Mr. Reed, 573.

· The Senate joint resolution appointing commissioners to examin~ the penitentiary system of the different States, Was read. Whereupon, .. Mr. Reed offered amendments to the Sen~te resolution, Which, On his motion, Were read, as follows : · ..A.mend th.e joint resolution by striking out these words, to wit : "Henry G. Banning of New Castle county, and William Hitch 0f Sussex ,county," in lines four and five. · · .. And also by striking out the words '' they are," in line six, and in­ serting in lieu thereof the wordsI "he is." ·· .. ,. Strike out the letter " s" at end of word '' commissioners" fo line 6. Strike out also the word '' they" in last line but one, and insert in lien thereof the word " he." · · . On motion of Mr. Reed; , The amendments were Adopted, · And further, On_ his motion, The Senate joint resolution, as amended, Was a oncurred in. .01·dered that the Senate be informed thereof, and. it~ concurrence in the House amendments requested. On motion,

The House adjourned until 10 o'clockto0morrow morning. 574

·.WEDNESDAY,, Mar?h 20, 18.61-10 o'clock, .A. M. The House· met pursuant to adjournment. Prayer by the Chaplain. On motion of Mr. Bacon, · The Senate bill entitled, "An act to amend Chapter 61 of Volume 13 of the Delaware Laws," Was read a second. time by its title; • And further,. . .. On motion of Mr .. Bacon, The bill was read a third time, and by paragraphs, by special order, And Passed the House. Ordered that the Senate be informed thereof and the bill returried fu~~~~ . . On motion of Mr. Bradford, · The Senate bill entitled, ~'An act to incorporate the Delaware Mutual Life Insurance Com· pany," Was read a third time, and by paragraphs, in order topass the Honse. And,· On the question~ " Shall this bill pass the House ?" The yeas and nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Bacon, Booth, Bradford, Cooper, Corbit, Davis, Eliason, Frame, Houston, Johnson . of Sussex, Jones, Lattomus, Pilling, Pratt, Raymond, Reed, Waples and ;Mr. Speaker-18. Nays-None. So the question was decided in the affirmative, And the bill, having received the constitutional majority, Passed the House. 575

Ordered ·that t)le Senate be informed thereof, arid the ~l returned ··to that body. · · .· On m_otion of Mr., 9ooper,. The House bill entitled, ••.A.n act to amend. Chapter 68 of .the Revised .Statutes of the 8.tate of Delaware, .concerning retailers of goods and of peddlers;" was taken up for consideration. Mr. Cooper offered sundry amendments to the biU under consid- · · . ·eration, · · Which, On his motion, Were read, as ·follows : .A.mend the bill by striking out the word "sixty" in lirie 24 of Sec- tion 1, and insert the word "thirty,, in lieu thereof. · .A.mend the bill further. by adding the following as ari additional section : . • .. " SECTION 2'. And be it further enacted, That the fee to the Clerk of the. Peace for dispensing licenses to retailers shall be fifty cents for. each licinse in lieu of the fee now charged, to be paid by the person applying for such. license." .A.nd farther, On motion of l\fr. Cooper; The amendments were .· Adopted; Whereupon, On motion· of Mr. Cooper, The · bill, as amended, was read a ·third time, and by paragraphs, And Pass~d the House. Ordered ,to the· Senate for concurrence. Mr. Corbit, from the Committee on Enrollment, reported thefol~ lowing House bills as being duly and correctly enrolled, and pre­ sented the same to the Speaker of the House for his ·signature, to wit: · · · ' . · ".A. further supplement to the .act entitled, '.A.n act to limit the city debt of Wilmington, and provide. for the discharge thereof,' passed at Dover, February 21, 1849;" "An act to incorporate the Delaware Trust Company;"

/ 576 "An act itf prevent certain animals running at large within certain limits, in School District No. 13, of Kent county;" "An act to authorize Horace Spruance to change and str1tighten. a public road in Duck Creek hundred, Kent county, Delaware;" "An act·to authorize Cyrus W. Cannon and Benton H. Gordy to change a certain public road on the line between Little Creek and Broad Creek hundreds, in Sussex county, Delaware;" · ".An act to incorporate the Philadelphia and Baltimore Union Steamboat ·company;" ".An act to add to Chapter 65 of the Revised Code;" ".An act to incorporate the Dover Building and Loan .Association;,, ".An act to authorize the sale of certain real estate therein men- tioned, devised by the will of John Pleasanton;" '' An actto incorporate the Meredith Branch Ditch Company;" and "An act td authorize the opening and making a new public road inMispillion h1mdred." On motion of Mr. Davis, The House bill eutitled, ".A supplement to the act entitled, 'An act to improve "1e naviga­ tion of Cedar, Creek,' passed at Dover, February 19, 186'7;" Was taken ·UP for consideration, The question being, '' Shall ·the bill be read a third time,and by paragraphs, in order to pass the House ?" It was decided in the affirmative, .And the bill was ordered to be read. Section 1 having been read, .And, Pending the question, " Shall that be Section 1 of the bill ?" Mr. Reed moved That the•frirther consideration ofthe bill be indefinitely postponed,. Which motion Prevailed, .And the further consideration thereof Was Indefinitely postponed. On motion of Mr. Houston, The House bill entitletl, 577

-"An act to incorporate the Pokomoke River Improvement Com- pany," · · . Was taken up for consideration. Mr. Houston offered sundry amenements to the bill under consid~ era ti on, Which, On his motion, Were read, as follows : . Amend the bill by adding, at the end of the first section, these words : "Exc_ept the ditches or drains lying west of the Pokomoke River.Run and the Upper Pokomoke, beginning at George T. West's upper line, which empties into said river, shall not be embraced within the limits or operations of said company, except for the single · purpose of enabling the said company to collect from the owners of said lands respectively such proportion of the expenses of the said company in and about the ditching of the said river below, accord­ ing .to the report of the commissioners hereinafter mentioned, and said return shall set forth and determine such proportion subject to the same provision with respect to appeals as is also hereinafter pro­ vided with reference to the valuation of the low grounds of said company." Amend the bill by adding to Section '1 these words :. " It being ·the true intent and meaning of this act, and this General ·Assembly does hereby enact, that the operations of said company shall com­ mence and be undertaken first in Maryland (if consent be given as aforesaid), and )Vhen the boundary line between that State and this has been reached, then in this State at said line, and afterwards con­ tinuously upwards until the whole work be completed. "And further, when any prong of the main ditch of the company is reached in such progression of the work of drainage, it shall be . lawful to commence work, and continue · to prosecute the same upon said prong until all necessary labor. thereon is completed, the same order with reference to said w_ork being observed upon a prong as upon the main ditch, that is, the work to commence at the lower end and progress upwards until completion. "Amt it is also hereby further enacted and provided that if actual operations, by way of drainage, be not begun un<'l~r this act vrithin two years from the date hereof,tl1is act .shall become inoperative and void, and all acts repealed hereby shall be thereupon revived and put in full force and effect." · A.mend the bill further by inserting, between Sections 14 and 15 thereof, the following : · H37 578•·

.. ,(SllCTION· ]5; .And be itfurther•enacted, That:in case.a.vacancy should occur in the aforesaid body of commissioners by death·,.;re-;, moval from the county, cir inability to serve, thejudge of the ·Supe- · rior Court .resident in Sussex county, shall hi.,e power-to fill such, · · vacancy." · · .Also, make Section 15, as now numbered in the bill, Seetion·l6. On motion of Mr. Houston, The. amendments were Adopted. .And, thereupon, .. Mr. Houston moved: .. That the bill, as amended, be read a tbird time, and by paragraphs,. in o_rder to pass the House, · · . ·..

I Which. .motion . Prevailed;. Section I having been:reii:d, ._.Ancl;' -0.ri tlie-·question;:" Shall .that be Section l of the b~ll?,, · l\!lr. ~aeon, called ·for th~ yeas· and ·nays,.•· Which, being taken, were as follows :

· Yeas-M~ssr·s'. ·Booth, Bradford1.Cooper,. Corbit,. Davis, Eliaso'll, Frame, ·Houston; Johnson of Sussex, .Jones, Lattomus, Pilling, Prat~,;;. Waples and Mr; Speaker-15.. · Nays~Messrs: Baco~. Johnson of, Kent, R~yniond and Reed-e-:4~ · \ . , -So the questi~n was decided in th.~ affirmative, .And Section 1 of the bill was Aaoptea.·· Whereupon, . . . · Mr. Johnsoti.~f Kent, moved ·That· the· further consideration of the bill be postponed until to~ · morrow inornfog ..· . · ; · · · Which' motion was Lost;. · :And, thereupon, Mr. Pratt 'moved ·. . . · · . · · · . . . That the.· further: consideration: of the bill be postponed until this afternoon, Which ~otion . fre~~il~d, · .And the further consideration thereof 579

Was so Postponed. On motion. of Mr. Reed, The House resolved itself into Committee of the Whole for the consideration ofthe House bill entitled; . "An act to raise revenue and provide for ·the current expenses of the State Government." · · Mr. Cooperin the Chair. After some time spent in consideration of the bill, On motion of Mr. Reed, The committee rose. Mr. Cooper, Chairman of the Committee of the Whole, reported backthe bill, with an amendment, Which, On his motion, Was read, as follows : Amend the bill by adding the following section, to wit: "SECTION 19. And .be it further enacted, That every license to · sell vinous, spiritous or malt liquors, under this act, shall be granted by the Clerk of the Peace of the county where the person desiring such license may reside, in the ·same mann.er as other licenses pro­ vided for by this act are granted, and. no reconimendatiori of the ,Jµdges of the Court of 'General Sessions of the Peace and Jail Delivery, or of .the Grand Jury, or of any other person or persons, shall be necessary for the granting of the Hcense to the person apply­ ing ,therefor." On motion of ,Mr. Reed, 'l'he amendment was Adopted. And, thereupon, Mr. Reed moved· T_hat the bill. be read a third time, and by paragraphs, as amended' in order to pass the House. Which motion Prevailed: Sections 1 and 2 of the bill having been read and adopted; and Se.etion 3 read, On the question, "Shall that be Section 3 ofthe bill ?." Mr. Houston called forthe yeas and nays, Which, being taken, were as fol_lows : 580

Yeas-Messrs. Bacon, Bradford, Cooper, Corbit, Davis, Eliason, Frame, Johnson of Kent, Lattcimus, Pilling, Pratt, Rayn:.ond, Reed, Waples and Mr; Speaker-15. Nays-Messrs. Booth, Houston, Johnson of Sussex, and Jones-4'. . So the question was decided in the affirmative, .And Section 3 ofthe bill was Adopted. The several subsequent sections and the title having been read and adopted, .A.nd, . . Ori the question, " Shall this bill pass the Honse ?" · ·· Mr. Jones called for the yeas and nays, Which, being taken, were as follows : · Yeas-Messrs. Bacon, Bradford, Cooper, Corbit, Eliason, Johnson of Kent, Lattomus, Pilling, Pratt, Raymond, Reed, Waples and Mr. Speaker-13. Nays-Messrs. Booth, Davis, Frame, Houston and Jones-5. So the question was decidedin the affirmative, ..A.nd the bill, having received a majority of votes, Passed the House. I ' Ordered to the.Senate for concurrence. Mr, Jackso~, a. member of the Senate, being admitted, informed the House that the Senate had concurred in the following House bills and joint resolution, to wit: "A supplement to the act passed March· 17, 1865, entitled, .'.A.n . act. to incorporate the Hudson's Branch Ditch Company;' " ".A.n act to divorce Rachel Lathrop from her husband, Joseph La­ throp;" 11.A.n act to regulate the selling of Indian meal;" "An act to amend an act entitled, '.A.n act to incorporate the New Castle Building and Loan Association of the.Town of New Castle;'" . ''..A.n. act to divorce .A.nna D. Briant and her husband, Samuel Briant;" ".A.n act to revive an act autho~izing the laying out and making a private road in Little Creek hundred, Sussex comity, passed at Dover, January 25, 1866 ;" ".A.n act authorizing the laying out a public road in Broad Creek hundred, in Sussex c~unty ;"• , · · . . 581

"An act to authorize J. R. Jones to change a road in Broad Creek hundred;" ·and . . . · "Joint resolution in relatJon to the duties of the State 'l'reasurer," And returned the same to the House. He also informed the House that the Senate had passed, and requested the concurrence of the House in the following Senate'bill, to wit: ,;An act to authorize the Chancellor to appoint a trustee for Ethan .A.. Dixon," .And presented the same to the House.· He ·also informed the Honse that the Senate had concurred in the following House bills, with amendments, to wit : "An act authorizing the construction of a drawbridge over the Christiana rive_r, at a point at or near Third street, in the City of Wilmington;" and "An act authorizing the Levy Court of New Castle county to eonstruct ~ bridge over the Brandywine Creek at a point between Seventh and 'l'hirteenth streets, in the City of Wilmington," .And reqnes'ted the concurrence of the H?use therein. M:r. Waples offered a resolution, Which, On his motion, Was read, as follows: Resolved, That the use of this Hall be granted to the Young Men's Lyceum on to-morrow (Thursday) evening.to hear a lecture on . the subject of Education from James M. Johns, Esq., of New Castle . . ' And, • On his further motion, The resolution was· Adopted. M:r. Reed offered a joint resolution entitled, "Joint resolution to compensate Edward Ridgely, Esq., Chan­ cellor ad litem," Which, On his motion, ·•.. Was read, And, 582

On his .further motion, Was Adoptea,. / Ordered to the Sena'te for concurrence. On motion, The Rouse adjourned until 3 o'clock this afternoon'.

SAME DAy..:....3 o'clock, P; M. · The Rouse met pursuant to adjournment. Mr. Wolcott, Clerk of the Senate, being admitted, re.turned the following enrolled Rouse bills, the same having received the signa- 1 ture of the Speaker of the Senate, to wit : · · '•An act relating. to Hens ;" · "An act to authorize the opening of a new public road in Mispil­ lion hundred, Kent county;" "An act to. incorporate the New York and Baltimore Exprees Steamboat Company;" "An act to incorporate the Watson Collegiate Institute, Milford, Dela ware ; " . "An act to incorporate the Jordan Branch Ditch Company;" . - I . . "An act to incorporate the Dover Manufacturing and (fanning Company ;" · · ''An ,act in rela_tion to the Brandywine Water Power Company;" "An act to re-incorporate the Farmers' Mutua1Fire Insurance Company of the State of Delaware ; " and _ "An act to incorporate tl\e Newark and Avondale Railroad Com· pany." · He also presented, for the signature of the Speaker of the Rouse, the following enrol.led Senate bills, the same having received the signature of the Speaker of the Senate, to wit : "An act to divorce Ann Long and Phillip Long, from the bonds of matrimony;" anq · . · . · 583

"An act in relation to the Jamison's Brarich Company;" On motion of Mr. Houston, The House bill entitled, : • ··"An act to incorporate,the Pokomoke River Improvement Com~ .cpany, Was taken up for con~ideration. ·On motion of Mr. Reed, The vote by .which Section 1 of the .bill under consideration was adopted,. · Was Reconsidered. Mr. Reed further moved That Mr. Houston have the unanimous consent of the House to offer a substitute for the first amendment offered by him this morning, Which motion Prevailed. And, ther~upon, Mr. Houston offered a substitute, Which, On his motion, Was read, as follows: Amend the bill by adding at the end of Section !the words "except ;the owners of low grounds lying west of the PokomokeRiver Run and the Upper Pokomoke, beginning at George T. West's upper line, which empties into said river, shall not be embraced within the limits or operations of said company except for the single. purpose of enabling the said company to. collect from the said owners of said lands res 0 pectively such proportion of the expenses of said company in and about the ditching of said river below according to the report of the C.ommissioners hereinafter mentioned, · And, On his further motion, The amendment was ·Adopted; And further, On motion of .Mr. Houston, ' \

The bill was read a third time, and by paragraphs, as amended, I _in order to pass the House: And, 584

On the question, " Shall this ,bill pass the Ho.mre ?'.' The yeas a~d nays were ordered, Which, being taken, were as follows : Yeas-Messrs. Bancroft, Booth,.Bradford, Cooper, Corbit, Davis, Frame, Houston, Johnson of Kent, Johnson of Sussex, Lattomus,· Pilling; Pratt, Reed, Waples and Mr. Speaker---16. Nays-Mr. Jones-I. So the question was decided in the affirmative, .A.nd the bill, having received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Johnson of Kent, The House bill entitled, · "An act authorizing the Construction of a drawbridge over the Christiana · River, at a point at or near Third streeth in the City of Wilmington," Was taken. up for consideration .. .A.nd further, On his motion, The Senate amendment to.the bill under consideration, Was read, as follows: . !N SENATE, . l March 20, 1867. ) .A.mend the bill as,follows, to wit: Strike .out all of Section 3 after the enacting clause, and insert in lieu thereof asfollows, to wit : «That the Levy Court of New Castle county shall not make any appropriation for the erection or . construction of said bridge until the whole amount of the estimated costs of such construction shall . shall have been raised by voluntary subscription and paid or secured to be paid to the order of the said Levy Court for the purpose of erecting said bridge; said estimate of .costs to be. made by a compe­ tent and disinterested bridge·builder, and subject to the approval of the said Court." · (Extract from Journal.) J. L. WoLCOTT, (For concurrence.) Olerk of Senate. Mr. Johnson of Kent, offered an amendment to the Senat~ aniend· ment, , 585

·which, •On his motion, Was read, as follows : Amend the amendment by striking out the word "a',' in the thir- 1teenth line thereof, and substituting therefor the word "two" ; and ifurther, by striking out. the word · ".builder," in .the fourteenth1ine :thereof,. and substituting the' wof4 .. builders" therefor ...... ' . . . Mr. Johnson of Kent.mo~ed · . ·· · . • . That the amendment to the Sen~te amendment be adC>pted. Pending which question, 'Mr. ·PiUing movetl That the further consideration of the bill be postp·oned until to­ ,inorrow afternoon, . And, On the question, " Shall the further consideration .thereof be so ·postponed?" Mr. Pilling called for the yeas and nays, Which, being taken, were as follows : . Yeas-Messrs. Bancroft, Bradford, Johnson of Kent, Pilling, Reed, Waples and Mr., Speaker-'1. Nays-Messrs. Bqoth, Cooper; Corbit, D~vis, Fraine, Ho~~ton, Johnson of Sussex, Jones, Lattomus, Pratt and Raymond~ll. ·. · · So the question was decided in the'negative, And the motion to postpone was Lost; T.he question recurring on the adoption of the ·amendment. to. the .Senate amen'dment, · ·- · · · · On the question, _ ·. , Mr. Ban~roft citlle

Mr. Johnson of Kent moved That the House do non-concur in the Senate amendment to the bill, .And, . On the question, "Shall the Senate amendment be non~concurred in?" , · ' . · · · . ·, • Mr. Raymond called for the yeas and nays; •, • r Which, being taken, were as follows : Yeas-Messrs. Bancroft, Bradford, iohnson of Kent, Pilling, Pratt and Reed.:..._6. Na.ys-Messrs. Booth, Cooper, Corbit, Davis, Frame, Houston, Johnson of Sussex, Jones, Lattomus, Raymond, Waples and Mr. . Speaker-12. So the question was decided in the negative, .And the motion to non-concur ,Was · Lost. .And, thereupon, Mr. Corbit movetl That the House do concur in the Senate amendment to the bill, . .And, On the question, "Shall the Senate amendment be concurred in?" Mr. Corbit called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Booth, Cooper, Corbit, Davis, Frame, Houston, Johnson of Sussex, Jones, Latto.mus, Raymond and M~·· Speaker-IL Nays-Messrs. Bancroft, Bradford, Johnson of Kent, Pilling,. Pratt, Reed and Waples-7. So the question was decided in the affirmative, .And the Senate amendment Was Concurred in. Ordered that the Senate be informed thereof. .. Mr. Jones, from the majority of the Committee on Education, to whom was referred the petition of the Pastors of St. Peters and. St. Mary's Churches in the City of Wilmington, and St. Joseph's.Church. ' in Christiana hundred, submitted a report, . Which, 'i On his motion, 587

Was read, as follows : The Committee on Education:, to whom was referred the petition of the pastors of the St Peter's Church and of St. Mary's Church, in the City of Wilmington, and of St. Joseph's Church' in the_ hundred of Christiana, in New Castle county, praying· the passage of an act authorizing the Board of Public Education of the City of Wilmington and the School Committee of Districts Nos. 23 and '7 5 in the said county, to take the schools . connected with the . aforesaid churches under their control and government, respectfully report·: that, in the optniorr of the CJommittee, the e_xisting school laws authorize the said Board and School Committee to take the control and management of the said schools, in the manner and u.nder the conditions prayed for in the said petition, and that as expressive of snch opinion they report the following, resolution : Resolved by the House of Representatives of the State of Dela­ ware, That, in the opinion of this House, the Board of Public Edu­ catian in the City of Wilmington and the Schoc;il Committee of Districts Nos. 23 and '7 5 in New Castle County are fully authorized by the present school laws of the State, and are hereby recommended to take the control and government of the schools connected. with the churches of St. Peter's, St. Mary's and St. Joseph's; in the county of New Castle. THOMAS A; JONES, J. J. JOHNSON. Mr. Bancroft, from the same committee, submitted a minority re- port, Which;' On his motion, Was read, as follows : The undersigned, from the Committee on Education, to whom was referred the petition of the Pastors St. Peter's and St. Mary's Churches, in the City of Wilmington, and St. Joseph's Church in Christiana, hundred, has. given the, subject his seri9us attention, and would respectfully report adversely to the prayer of the petitioners, for the following reasons, to wit : · 1st.· The granting of any such privileges as are asked for by the petitioners to any particular sect would be an act of injustice to every other sect, as every sect, without distinction, has free access to schools in which no sectarian doctrines are known or taught. 2d. The granting of any such peculiar or partial privileges to any one sect would be followed instantly by a dem.and for. similar privileges cin the part of every sect, which in such case. could not, in justice, be denied, and would in this way lead not only to a disper­ iiion of school funds and school advantages to an extent. that would 588 .. reduce the present provisions for these important objects to a. con- · dition in .which they would be of no practical value, but would lead to such a heightening of sectarian feejings and prejudices as to be a serious. disadvantage to the whole community. 3d. That, in bis opinion, this Legislature. has no legal or consti­ tutional right to grant any such privileges, as any law with such provisions would be in open and direct violation of Section 1, Arti­ cle 1 of the Constitution of this State. All of which is respectfully submitted. . SAMUEL BANCROFT, Jr. Dover, March 19, 186.1, Mr.. Bancroft moved That the minority report· be adopted as a substitute for the ma- jority report, · And. On the question, '' Shall the minority report be adopted as a s.ub- stitnte for the majority report?" · Mr. Reed called for the yeas and nays, Pending which, Mr, Raymond moved That the further consideration of the whole subject be indefinitely postponed, And, On the question, Mr. Bradford called for the yeas and nays, Which, being taken, were as follows: Yeas-Messrs. Bancroft, Corbit, Lattomus, Pilling and Ray­ mond-5. Nays-Messrs. Bacon, Bradford, Cooper, Davis, Frame, Johnson of Kent, Jones, Reed, Waples and Mr. Speaker-IO. So the question w.as decided in the negative, · And the motion to postpone indefinitely,· Was · Lost.. The question still being, " Shall the minority report be adopted as a substitute for the majority report?" The yeas and nays were ordered, Which, being taken, were as follows: Yeas-Messrs. Bancroft, Corbit, Lattomus, Pilling and Pratt-5. J . ~ ..

. 5.89 <~,.Ntiys~¥esfirs. ···•··•B11eon,. Bradford,' Cooper, Davis,. Frame; .•John.son· · of•:Kent; Jones,. Raymond; Reed; Waples and Mr, Speaker:--11, .. . ' . 1·, S.o the question was decided in the negative; . ' .. And the:motiohto adopt:the minority report as a snbstitnw : :, . ·•... was. . . _: . . _Lo~,- Whereu.pon; .. ·· Mi. Reed moved · That 'the majority report be adopted,.'. >And~.·: On .the question: ,/ Shall the ~ajority ieport be ~dopted fl, .: . 'Mr. Bancroft called.for the'yeas and'ria.ys,. ,, . ' .. ' . . . . . ' . . . . \ . . .· Which~ being taken, were as follows:.· ...... :Yeas- And the majority report. '., ·,-_·· :·,.·:·:;· .. "wa$···' · ·. · ·.. Ailopted. . o~·lllJtioh of :L\£1( Pilli~g; · The S,enate bill e~tit1ed, ·· ", ·.} ,, . ".An:· act to authorize· the Ohancelior.: to .appoint'. I!- Trustee for Ethan .A. Dixon, · W9:s read, ·. ... .And, \on his;fu~ther motion; ...... (:: ·' The.bill·~as read a second.time by:its iitle, byspedal order of the, \;'Hoiise,.: . · ·.. · · · , .· ··· ·· ... ·· : .· · .And further, . On his fuotion, . ~'The·• bni ~as re~cla thi~dtitno/and.byparagraphs, b:rsi>eci~{~~aer, •. A~d., .. ·.• .• '. .. . ' .· ' .'...... · ....' . :... '. : ::' 'Passed the.Jlous~~' ...... · Ordered that the Seriate be informed the.roof, and the. bil.l returned ... .t~ that body. · , . · · . . . . , , : ...... ·• .• ·.·.: . .l\Ir. Pratt offered ·a 'joint resolution entitled;.

. l 590

'' Joint reooli1tioti ·· directing the State Tr.ea.surer to .pay the mem- . bers of this General 4.ssembly in gold, or its equivalent in currency," Which, On his motion, Was read. Mr. Pratt ·moved That .the joint resolution be adopted,: And, On the question, "Shall the joint resolution be adopted ?" Mr. Raymond called for the yeas and nays, Which, being taken, were as follows : . Yeas~Messrs: Bacon, Bancroft, Booth, Corbit, Davis, Frame, Lattomus, Pilling, Pratt, Reed, Waples and Mr. Speaker-12. Nays"'.""'Messrs. Bradford, Qqoper, Eliason, Johnson of Kent, Jones and Raymond-6...... ' . So the question was decided fo the affirmative,. And the joint resolution• Was Adopted.· Ordered to the· Senate for concurrence. On motioll: of Mr. Raymond, .The Senate joint resolution entitled, "Joint resolution in regard to the office of Set'retary of: State/· Was read. Mr. Raymond moved That the joint resolution be non-concurred hi·. ·Which· motion · Prevailed, · And the joint resolution . Was .. Non-con.curred in. Ordered that the Senate be informed thereof, and 'thejoint resolu- tion returned to that body. < . ·.· · ·· Mr. Reed, fro~ the special committee to whom ;as refemid the House bill entitled, · · "An act for the relief of Charles l\L. Allmond, late Recorder· of Deeds in and for New Castle county," 591

Reported the same back to the House without amendment; . and witllout. any reco.mmendation in reference thereto. Whereupon, Mr. Reed moved That the bill be read a third time, and by paragraphs, in order to pass· the House. , · · · ·' , · Which ·motion Prevailed. Section 1 of the bill having been read, · And, · On the question, '' Shall that be Section 1 of the. bill ?" Mr.. Eliason c~lled for the yeas and nays, Which, being taken, were as follQws : , Yeas-Messrs Booth, Frame, JohMon of Kent, Reed, Waples and Mr. Speaker...:..6. · ·· Nays-Messrs. Bacon, Ban.croft, Bradford,· Cooper, Corbit, Davis, Eliason, Houston, Johnson of Sussex, Jones, Lattomus, Pilling, Pratt a.nd Raymond-14. · So the question was decided in the .negative, And Section 1 of the bill was Lost, • And the bill was Lost. And, thereupon; Mr. Bacon moved That the vote by which said bill was lost be reconsidered, ·And, On the question, " Shall the vote by which the. bill iWas' lost be· reconsidered ?" · Mr.· Houston called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Bacon, Booth, Frame, Johnson. of Kent, Pratt, Reed, Waples and Mr. Speaker-8. Nays-:-Messrs. Bancroft, Bradford, Cooper; Corbit, Davis, Eliason, Houston, Johnson .of Sussex, Jones, Lattomus, Pilling and Ray­ niond....:.12...... So the question was decided in the negative;, AI;ld the motion to reconsider

\ 592

Was Lost. · Mr Waples presented the cla.im of A. L. Lewis again'.st the State, of Delaware, Which, On his motion, Was referred, without reading, to the Committee on Accounts. Mr. Waples also presented the claim of James Kirk against the· State of Delaware, Which, On his motion, Was referred, without reading, to the Committee on Accounts. On motion of Mr. Bacon, The Senate bill entitled, "4ln act concerning vessels anchoring in the. 'Deep Hole,' at or· near the month of Broadkiln Creek,'.' Was read a second time by its title. And further, • On his motion, The bill was read a third time, and by paragraphs, by special order, And Passea the House. 01·dered that the Senate be informed thereof, and the bill returned to that body. Mr. Bancroft presented the claim of Messrs. Jenkins & Atkin- son against _the State of Delaware, · Which,· On his motion, Was referred, without reading, to the Committee on. Accounts. On motion of Mr. Bradford, The House bill entitled, i•An a.ct 'authorizing the Levy Corirt of New Castle county to construct a bridge over the Brandywine Creek, at a point. between Seventh and 'rhirteenth streets, in the City of Wilmington;" · \· Was taken up for corisideration. Whereupon, 503

On motion of' Mr. Bradford, The Senate amendment to the bill under consideration was read, as follows: IN, SENATE, } March 20,' 1867. Amend the bill by striking out all after the en~cting clause and inserting iri lieu thereof as follows, to wit : "SECTION 1. That the Levy Court of .New Castle county, at their meeting in March, instant, or as soon as may be, shall have authority to provide for the making and erecting a good and sufficient bridge over the Brandywine Creek, at such point between Seventh and Thir­ teenth· streets in the City of Wilmington (including said streets) as shall hereafter be determined upon and designated by the City Cou~­ ciLof said city. ''SECTION 2. Any bridge which shall b11 erected in pursuance of this act shal~ be a public bridge, free from toll, shall be of the same · breadth and sufficiently railed in as other public bridges within the same county are directed to be by the laws of this State, and in like manner shall be afterwards supported and maintained and .the expenses thereof shall be raised as other county rates and levies are bylaw. . · · "SECTION 3. The bridge so autborized to be made and erected shall be constructed with a draw or platform so constructed as to turn or · roll off or be raised up for the free and con \'.enient passage to and fro of all vessels navigating the said creek; .which shall be kept in good order and l'epair, and drawn off, 'raised, turned or rolled off. whenever required for the passage of boats and. vessels by a .tender or keeper for that purpose to be appointed, provided and paid by the said Levy Court of New Castle county. .And if the keeper, tender, or person having the care of the said bridge and draw, or platform, shall at any time unreasonably neglect or refuse, to give g9od and faithful attendance at the said draw or platform, or to raise, roll or turn it off, so as to permit the passage, free from. toll, of any boat or vessel not otherwise able to pass, or having raised or turned off the said draw or platform shall unreasonably keep. it raised. or turned off so as unduly to impede or hinder the free pas­ sage to and fro of any person or 'persons waiting ·and desiring ·to cross said bridge, he shall, for every such offence,·forfeit and pay to the person or persons aggrieved, for every fifteen minutes he or she or his or her boat or vessel shall be detained by the default or neglect · of the party or parties aforesaid, the sum of five dollars, to be. de­ ducted and paid oat of his or their salary by the said Levy Court, .· or recovered as debts of the same amount are recoverable by the laws of this State. · · " SECTION 4. If it be necessary, in carrying this act into -eff'ect; to H38 594

take, occupy, or enter upon any land or property not public, for the purpose of locating or erecting said bridge, or of going to or from the place ot location thereof before its conkltruction for the p'urposes thereof, or to or from the said bridge ·when constructed, such pro­ perty orlantl'may be taken, occupied or entered upon for such pur­ poses, and if the amount of compensation therefor. be not waived or amicably arranged by the owners thereof. and the said Levy Court, so much of the said property or lands as shalJbe required for the purposes aforesaid may be condemned and taken therefor by the same proceedings as .are provided by Section 23 of Chapter 376 of the Laws of this State, entitled, "An act to amend the charter of the City of Wilmington," for assessing damages in the case of extending, · ,videning, laying out, or opening streets, except 'that in assessing damages for the taking of lands for the location or erecting of· a . bridge, the commissioners shall issue, upon the written application of two or more of the· Levy Court Commissioners, one of whom· shall be the commissioner for the time being for the City of Wilmington, . any land required for a roadway or street leading to and from said bridge may be condemned and taken for public use by the Mayor and Council of Wilmington in the manner prescribed in and by the said herein. before mentioned·. act. ' . "SECTION 5. 'l'he Levy Court of New Castle county shall not make any appropriation for the erection or construction of said bridge until the whole amount of the estimated cost of such construction shalJ have been raised by.voluntary:subscription, and paid or secured to be paid. to. the. order· of the said Levy Court for the purpose of erect­ ing said· bridge, said •estimate of costs. to. be. made by a competen·t and disinterested bridge builder, and subject to the approval of the said Court.," · (Extract from Journal.) J. L. WOLCOTT, (F,or concurrence.) Olerk of Senate. Mr. Bradford moved That the House do concur in the Senate amendment to the bill under consideration, Aud, On the question, · M,r. Reed called for the yeas and nays, Which, being taken, were as foJJows : · Yeas-Messrs. Bradford,· Cooper, Corbit, Davis, Eliason, Johnson of Kent, Johnson of Sussex, Jones, Lattomus, Pratt, Raymond, Waples and Mr. Speaker-'-13. · · ·· .. .Nays-:-Messrs. Bacon, Bancroft and Reed-:3· 59{>

··So the question was decided. in .the .affirmative, .And the Senate amendment Was 'Concurred in. · Ordei,ed that the Senate be informed thereof. On motion of .Mr. Cooper, The Senate bill entitled, "An act to divide Murderkill hundred, in Kent county; into two Nindreds; to. be called, respectively, North Murderkill bu.ndred and South Murderkill hundi;ed," · . . · · Was read a second time by its tltle. And, · On his further motion, · The. bill was read a third time, and by paragraphs, by special order, And Passed the House. Ordered that the Senate be informed thereof and the bill returned to th~t body. . On motion of Mr. Corbit, The Senate bill entitled, "A supplement to the act entitled, 'An act to restrict certain ani­ mals from running at large in Brandywine hundred," Was read, ' And further, • On his motion, The bill was read a. second time by its title by special order of the House. And, Qn the further motion of Mr. Corbit, :The Senate bill was read a third time, and by paragraphs, ·by special order, · And · Passed the H-0use. Ord:red that the Senate be informed thereof, and the bill returned to that body. Mr. Davis, from the Committee on Enrollment, reported the fol, lowing enrolled House bills as being duly and correctly enrolled, and presented the same to the Speaker of the House for his signature, to wit: / 596

".An act to authorize John W. Connoway to alter and straighten. a. certain public road in Nanticoke hundred, Suss~~ county, at his · ciwn expens~ ; " ; ".An act to · incorporate tli,e. ])elaware Brick Manufacturing Company;" ".An act to incorporate the Old Ferry R~lling Mill Company;'' ".An act to incorporate the Farmer's Market Company of New C;astle county," and . . . . ".An act appointing commissioners to lay out a new. pubUci road in Kent county." · • On motion of Mr. Eliason, The Senate bill entitled, 'f.A, supplement, to. tl:)e act entitl~d, '.An act to incorporate the Seaford Odd Fellows' Hall Company, at Seaford,' passed at Dover, February '1; 1862,'1 · · Was read a third time, and by paragraphs, in order to pass the House . .And, On the question, '' Shall this bill pass the Ho.use.?'' _The yeas and, na,ys; were· ordered, Which, being taken, were. as follows : · · Yeas-Messrs. Bacon, Bancroft, Booth, Bradford, Cooper, Corbit, • Davis, Eliason, Johnson of Kent, Jones, Lattomus, Pilling, Pratt, ~ Raymond, Waples and Mr. Speaker-16. . , · Nays-None~ So the question was decided in the affirfuative, .And the bill, having received the constitutional majority, Passed the House...... I Ordered, tli,at the Senate b_e.informed thereof, and the bill returned to that body. ' ' On 11\Ption, · The 1l<>11se al;ljourn~d,untH lQ,o'clpck [email protected]', m,orµing, 597

THURSDAY, March 21, 1867~10 o'clock, .A. M.

The House met pursuant to adjournment1 Prayer by the Chaplain; Mr. Corbit, from the Committee. on Enroltmen,t, 'reported tlie fol- 1 .lowing House bills as being duly and correctly enrolled, and pre­ l!ented the same to the Speaker for his signature, t.o wit: "An act in r6lation to the Clerk of the Peace in and for New Castle county ; " . ''.An act supplemental to the act entitled, •An act to incorporate the CoopefOemetery, of Murderkill hundred, Kent count;y,' passed at Dovi:lr, March 5, 1867 ;" ''Ari act authorfaing the cpnstruction of ~ dra.w~ridge over the Christiana River, at a point at or hear Third street, in the City of Wilmington," ) "An act to authorize the laying out a public road in Cedar Creek hundred, in Sussex county;" .. . : ".An act to authorize the opening and making a new public road in Mispillion hundred, Kent county;" · .. ".An act to incorporate Christiana.Lodge, No. 't, of tb:e Itidepen­ dent ,Order of Good Templars, of the State of Delaware, in tpe vil-. lage of Christiana," and ".An act to incorporate the Smyrna Building and Loan .A.ssoci· ation, of the town of Smyrna." · He also presented for the signature of the Speaker of the House, 'the following enrolled Senate bills, the same having been found duly and correctly enrolled, to wit : "An act in relation to the Jamison's Branch Company,'; and ''.An act to divorce .Ann Long and Philip Long from the bonds of matrimony." · ·. · ·.. · · · ·. ·: On m1otion of Mr. Bacon~ . The· Senate bill entitled, . ".An· act .to prevent the' running at· large of horses, mu1es, colt!!, cattle, sheep, hogs a11d goats within. the limits of the Town of George~ town, in Sussex county," 598

Was read a third time, and by paragraphs, And Passea the House. Ordered that the Senate be informed thereof, and the bill returned to that body. On motion of Mr. Eliason, The House bill entitled, "An act to amend Chapter 125 of the Revisea. Code(' . Was taken up for consideration; On motion of Mr. Eliason, The Senate amendment to the House bill under consideration, Was read, as folfows : IN SEN.A.TE, } March 13, 186'T .. Ameud the bill by adding the following after the last word in Section 1 : · " For collecting the aforesaid bonds and recognizances withorifsuit, five per cent. on the ampunt collected." (Extract from Journal.) J. L. WOLCOTT, (For concurrence;) Clerk of Senate: And further, On motion of Mr. Eliason, The Senate amendment ·was Ooncurred in, Ordered' that the Senate be informed thereof. Mr. Johnson of Kent offered a joint resolution, .. Which,. On his motion, Was l'ead, as follows: . "Joint resolution directing William Fisher to make certain repairs to the roof and cupola of the State House." · Resolved, by the Senate and House of Representatives of the State of Delaware in General Assembly met, That William Fisher be and he is hereby directed to make the needful repairs to the roof and cupola of the State House to prevent the same from passing water through to the ceilings of the Halls below, ·and that he returu his vouchers of the necessary expenses to the Legislative Committee :599

:appointed to examine .the, State 't'feasurer's and Auditor's account, who are hereby authorized to audit and direct the payment of- the .same. -:: And:further, , :: On motion of· ~r; Johnson of Kerit, The joint re'solntion was .Ado!)ted. Ordered to the Senate for concurrence. On motion or' Mr._ Pratt,.·· · ' The'House bill entitled; "An act to amend Chapter. 19Q of Volume Delaware, ' Concerning Mechanic's: Liens,' " . Was read a third time, and by paragraphs, And .Passed the. House. Ordered to the Senate. for concurrence: . M~. Wolcott, Clerk of the Senate, being admitted; informed the B:Quse that the Senate h_ad concurr.ed in . the House amendment. to the S.ehate bill entitled, · I "An act to incorporate the Morris .Branch and Beaver Branch Banking Company." · .· . He also informl:ld the House tpat the Senate had conqurred in the. following House bills and joint resolution; to wit: . . · · . ·'An add!tional. supplement .to Ohapter 59 of the Revised. Code, ' Of Ditches ;)" · · ·· '

.. · 1'An act to authorize. the layi~g out a public . road .in I>~ve~ _hun- . dred, Kent county;" . ''An a.ct to authorize the straightening -of a public ·road in Dags- _·boro! hundred, Sussex county;" · · .. · "An act to ~uthorize the laying out a pu~~ic ~oaa'in Kent county;" ·. "An act to amend Ohapter 603 of the 11th Volume of the Laws. of Delaware;". .. • . . .. . · · .. ·"Ana.ct to authorize Willard Richardson and David Scott 'to ::hapge the location of certain pitblic roads upon ·t_heir own land in Milfortl hundred, Kent county, and to open other public roads in lieu thereof, at their own expense;" ' ' ·,,. ,• ·-. : . ''' "An act to amend Chapter 41 of the Revised Statutes ·of the State of Delaware/' and ·

/ ·600

. "Joint resolution compensatil!g Edwarcl Ridgely, Chancellor ad litem," And returned the same to the House. He also returned the following enrolled House bills and joint reso­ lution, the same having receiv.ed the signature .of the Spe.aker of the Senate, to wit : "An act to amend an act entitled 'An act to amend the act entitled 'A supplement to Chapter 19 of the Revised Statutes of the State of Delaware, 'Of elections in Wilmington hundred.;''.' "An act to incorporate the Lobdell Car Wheel, Tire and Machine . Company;" · ·• An act to incorporate the Methodist Episcopal Cem~tery of St. Georges ;" and " Joint r~solutio.n of adjournment." He also pres.ented, for the signature of the Speaker of the House, the following .enrolled Senate bills, the same. having received the signature .of the Speaker of the Senate, to wit: "Ai1 act fodivorce Martha A. Massey fror:nher husband Nathaniel Massey ; " and >· "An act to divorce :Mary A. L. Outten and John 0. Outten from the bonds.of matrimony." On motion of Mr. Reed, The House bill 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,'JJassed at Dover, March 2, 1853," · · Was taken up for consideration. Whereupon, . . . Mr. Reed offered amendments to the bill, Which, On his motion, Were reaµ, as follows: Amend the bill by striking out all of line 14,. after the word "open,.'' together with line 15 and that part of line 16 embracing the words, "and alleys of said town," and inserting in lieu thereof · the. following words.: •• South street .as laid down in the original plot of said town." · '601

.Also, a:mend the bill by striking out the words "or streets," in line ·20 thereof,. without substituting anything in their place. · And further, On motion of,, Mr. Reed, The amendments were Adopted. And, thereupon, . Ou motion of Mr. Reed,. , . The .bill was read a. third time, and by paragraphs, as amended, in order to pass the House. And, On the question, "Shall this bill pass the House ?" .. The yeas and nays were ordered, . ·Which, being taken, were as follows: Yeas-Messrs. Bacon, Booth, Bradford, Cooper, Corbit, Davis, Eliason,. Johnson of Kent, Jones, Lattomus, Pilling, Pratt, Ray­ mond, Reed, Waples and Mr. Speaker-16. Nays-None. So the question was decided in the affirmative, And the bill, having received the constitutional majority, Passed the ,House. , Ordered to the Senate fqr concurrence .. On motion of Mr Waples, · The Senate bill en~itled; "A supplement to an act entitled 'An act to amend an act entitled jAn act regulating the sale of intoxicating liquors, &c.,' passed at Dover, February 13, 1866," · Was read a. third time, and by paragraphs, · And Passed the House. Ordered that the Senate be informed. thereof, and the bill returned :to that body. On motion of Mr. Bradford, The House bill entitled, "A:h act to divorce John Mullady and Mary E: Mullady from the :bonds ofmairimony," 602

'Was .read a third time,:and by paragraphs,in order to.pass the· House, And, On the questiop, "Shall .this bill pass the House?" Mr. Eliason called for the yeas and nays, Which, being taken, were as follows : Yeas-Messrs. Bradford, Cooper, Jones, Reed and Waples-5. Nays.:.._Messrs. Bacon, Booth, Corbit, Davis, Eliason, Frame, • Houston, Johnson of Kent, Lattomus, Pilling, Raymond and Mr. Speaker-12. . . · ' • So the question was decided in tlie negati.ve, And the bill was Lost.

Mr. D'avis, from the special com~ittee to whom was referred the petitio~ of Samuel .Townsend and others, praying the passage of an act proposing a constitutional amendment dividing New Castle county int.o two. countieil, · Submitted a report, Which, . Oll his mo~ion, Was read, as follows : The committee to whom · was referred the petition of Samuel Townsend, and other citizens of New Castle county, praying the· passage of an act proposing an amend~ent to the Constitution of the State of Delaware, dividing the said county of·New Castle into two counties, have had the same under consideration, and after mature deliberation upon the same. respectfully submit that th~y see no public necessity for the division aforesaid, and therefore deem it inexpedient to legislate on that subject. · LEVI W. LATTOMUS, ROBERT. H. DA VIS, WILLIAM D. WAPLER On motion of Mr. Davis, . · The report of the committee Was And, .On his further motion, The commi:ttee were Disoharged ... , 603

Mr. Reed, from the same committee, submitted -0. minority report,. Which, On his motion, Was read, as follows : The undersigned, member of the committee to whom were referred­ the petitions of Samuel Townsend, E. W. Blackwell, Walter F. Southgate and one hundred and twenty other citizens of New Castle county, praying the passage of an act proposing- an amendment to the Constitution of the State of Delaware, dividing the· said county of New Castle into two counties, to be called "New Castle county" and "Wilmington county" respectively, has had the matter under consideration, and respectfully ·submits the following minority report thereon: The undersigned has been unable to conclude, taking all the cir­ cumstances into consideration, that there is at thfs time great pressing need for the constitutional amendment prayed for by the petitioners, but is impressed with the practicability of such a division at some future period in order to give that harmony and similarity of inter- . ests in county affairs always to be desired by a prosperous and enter- prising people. , · · · · · Very respectfully submitted, · ELIAS S. REED, Of the Gom_mittee. And further, On motion of Mr. Reed, The report was ordered to be spread upon the Journal. On motion of Mr. Raymond, The House joint resolution entitled, "Joinfresolution allowing extra compensation to L. Tharp,"· Was taken up for consideration. And further, On his motion, Was referred to the Committee on Claims.· On motion of Mr. ,Reed, The House joint resolution entitled, "Joint resolution allowing compensation to L. Tharp for. asses-­ sing the tax on stock in National Banks in this State," .\

.i,:Was tak(ln.•.up'for-:consitieration.· ,! ...... On motion of. Mr; Reed, The joint resolution · · Was read, And, / :- o~:his further ;Illotion; , . ->'.Was. ' " · ·· · . -·,;· : .

' . ~. :·, . ' -'On motion ot.Mr. Bac9_n,· .. ' ,.. : . O The Senate jointresoluti<>n entitled,. ' ,"J 9in~ resolution appropriating six bundre~ dolla.rs . to, pay the . -contingent expen~1(

' ; That ~he. Senate joint ~esolutio~ be concutred ID: . Pending whicp. :questfori; . . • . Mr. 'Raymi?nd offered -an a.in~ndment to the re~olution, · Which,· On bis motiQn, Was read, !).S follo"s : . · . ·Amend the joint resolution by striking out the word_ 'inserting inlieu thereof the word "foor." · · · Mr. Raymond moved . That the amendment :be adopted, . Which motion was And the amendment .) Was ' The question the~ recurring on 'tbem0,tion:to.cODCJ1r.iD the Senate joi~t resolution, ·Qn the que~tion, · :ltr. Raymond called ,for the yeas, and nays, Which, beirig taken; were B's 'fciHows f · 606

Yeas-Messrs. B11con, Bradford, Cooper, Corbit, Davis, .Frame; Houston, Johnson of Kent, Lattomus, PHling, J>ratt, ~eed, Waples. and Mr. Speaker-14. . · Nays-Messrs, Booth, Eliason, Jones !!,m:l Raymond..,...4. So the question was decided in the affirmative, . And the Senate joint resolutio.n Was Concurred in. Ordered that the, Senate be informed thereof, and the joint resolu- tion returned to that body. On motion of Mr. Bradford, The House bill entitled, "A further. supplement to an. act entitled, 'An act to,. incorporate the Wilmington and Brandywine Railroad Company,' passed; at. Dover, March 5, 1861," Was taken up for consideration. Whereupon, On the further motion of Mr. Bradford, The further consid~ration of the bill Wae · Indefinitely postponed. Un motion of Mr. Bradford, The House bill entitled, "An act to authorize the erection of a mill on Blackwater. Branch in ~ussex county," Was taken up for consideration. Whereupon, Mr. Bacon moved That the further consideratio~ of the bill be 'indefinitely postponed, Which motion · Prevailed, And the further consideration thereof Was Indefinitely postponed. Mr. Cooper, from the special commiitee to whom was referred the petition of N. B. Thomas and others, praying the passage of an act for. the .removal of a certain gate in Milford Neck, Su~mit~ed.~:report, Which, 606

· On his motion, was rea(as ronows: .. The committee to ·whom was referred the petition of N. B. Thomas and others, praying the passage of an act to authorize· the removal of a certain gate in Milford Neck, report adversely to the prayer of the petitioners. P. L. COOPER,. l MARK .A..' JOHN.. SON, Committee. JOHN. S, BACON, And further, On his motion, The report was Adopted,, Mr. Wolcott, Clerk of the Senate, being admitted, returned the House bill entitled, "An act to incorporate the Pokomoke River Improvement Com­ pany," And informed .the House that the Seuate requested an engrossed copy thereof. Mr. Reed offered a joint resolution in reference to the House'bill entitled, ".A.Ii act to incorporate the Pokomoke River Improvement Com- pany," Which, On his motion, .was read, And further, On motion of Mr. Reed, Was laid aside fo1· the present. And'. ther.eupon, ' Mr. Reed offered a resolution, 'fhich.,· On his motion, Was read, as follows: Resolved, by this House, That its Clerk proceed to the Senate. and request that body to reduce to writing its request in reference to the engrossment of the Pokomoke River bill, there being no iridorse­ ment on the bill by the Clerk of that body showing what actfon,was 607 taken by the Senate in relation to the same, in vielation of Ru1e 4 of the joint rules adopted for the government of intercourse betw1:1en the two houses of the General Assembly, And,· . On the further motion of Mr. Reed, The resolution was Adqpted., · :And, thereupon, The Clerk proceeded as directed. Mr. Bradford moved That the House-.io now adjourn, Which motion Prevailed, · And irJie House adjourned until 3 o'clock this ~fternpon.

SAME DAY-3 o'clock, P. ·M, The House met pursuant to adjournment. Mr. Corbit, from the Committee on Enrollment, reported the fol­ lowing enrolled House bills and joint resolutions as being duly and correctly enroUed, and presented the same to the Speaker for his ,signature, to wit : "An art authorizing the laying o~t a public road in Little Creek hundred, in Sussex county;" "An act to incorporate the Diamond State Mutual Life Insurance ·Company;" "An act to amend an act entitled, 'An ac.t to incorporate the New Castle Building and Loan Association of the Town of .New Castle;'" "An act to divorce Anna D. Briant and her ~usband, Samuel Briant;" 608

"An act to regulllte the selling of Indian meal ; " - ·, ...... · . . . "An act to divorce Rachel Lathrop from her husband, Joseph La- throp;" · "Joint resolution appointing Zadock L. Butler to take charge of the Senate Chamber and the Hall of the House of Representa­ tives·". ' and "Joint resolution in relation to the duties-of the State Treasurer.,,. Mr. Wolcott, Clerk of the Senate; being admitted, informed the· House that the Senate had concurred in the following House bills, to wit: "An act to incorporate the Kent County Oyster Canning C_om-­ pany, and· for other purposes;" "An act to revive, reenact and amend the act entitled 'An act to incorporate the Black Swamp Ditch Company,' passed at Dover, Febrw,ry 10, 1841 ;" ''An act to incorporate the Delaware Boot and Shoe Manufactur­ ing Company," and ''An a.ct to incorporate the Kirkwood Lo'an Association in Red, Lion hundred, New Castle county," And returned the same to the House. He also inforit1ed the House that the Senate had concurred in the House bill entitled, "An act in relation to the New Castle and Frenchtown Turnpike, and Railroad Company," With an amendment, And requested the concurrence of the House. therein. ·· He also informed the. House that the Senate had nc;n-concurred in the House amendments to the Senatejoint resoh1:tion entitled, . - "Joint resolution appoiJ!~ing c.ommissioners to examine the peni­ tentiary system of the different States," And returned the same to the House. He· also informed the House that the Senate had adopted and re­ quested the concurrence of the House in a joint resolution. in refer~ ence to the return of. the arms of this State by the United States Government, And presented the same. to the House. He aiso returned the following enrolled House bills, the same having received the signature of the Speaker of the Senate, to wit:. 609

"An a.ct to authorize the layfog out a public road · in Milford Jinndred, Kent county ;" · · ."An act to incorporate the Wilmington Hotel Company;i' "An act to incorporate the Cooper Cemetery, .of .Murderkill hun­ • dred in. Kent county;"' "An act 'to incorporate Washington Lodge, No. l, of the Ameri­ can Protestant Association of Delaware ; " and "An act authorizing the construction of a drawbridge over the . Christiana River, at a point at or near Third street in the· City of Wilmington." · Re also presented for the signature of the Speaker of the House the following enrolled Senate bills, the same having received the signature of the Speaker of the Senate, to wit : "An act to incorporate the Diamond State Lime Burning Com­ pany;" . · _ •i.A.n a.ct to incorporate the Nanticoke Building and· Navigation· Company;" and .''An act to incorporate the Diamond State Building and Loan As- sociation of the Town of Smyrna." On motion of Mr. Cooper, The House bill entitled, ''An act.in relation to the New Castle and Frenchtown Turnpike and Railroad Company," Was ta.ken up for consideration. Whereupon, Mr. Cooper moved That the Senate amendment to the bill under cons'ideratfon be read, Pendin~ which question, Mr. Reed moved That the bill and amendment thereto be referred to a committee of three, Which motion was Lost. The question then recurring on the motion to read the Senate amendment to the bill, · It was decided in the affirmative, And the motion . Prevailed. Whereupon, H39. 610

The amendment was read as follows : IN SENATE, t . March 21, 186'1. j . .Amend the _bill by Striking OUt aU between the WOrd I• enacted," fo the second line of Section 2, and the word "that," in the 10th line of said .section. (Extract from J ourual.) .T. L. WOLCOTT, (For concurrence.) Glerk of Senate . .And, thereupon, Mr. Cooper _mo_ved That the Senate amendment be concurred in, .And, _On the. question, Mr. Reed called for the yeas and nays, · Which, being taken, were as 'follows : Yeas-Messrs. Bacon, Booth, Bradford, Cooper, Corbit, Eliason, Houston, Lattomus, and Waples-'-9. · · · Nays-Messrs. Jones, Pilling; Pratt and Reed-4; So the question was decided in the affirmative, .And the Senate amendment Was Concurred in. Ordered that the Senate be informed ther'.lof. On motion of Mr. Pilling, The Senate Joint resolutions in reference to the return ofthe arms of the State by the United States Government, Were read, .And, On motion of Mr. Pilling, Were Oonc~rred in. Ordered that the Senate be informed thereof, and the joint reso- lutions returned to that body. . On motion of Mr: Cooper, The Senate bill entitled, ".An act to authorize the Levy Court of Kent county to continue in office, for a period of more than three years, a Constable-in Duck Creek hundred, to reside in the Town of.Smyrna," 6il

Was taken up for conside~ation. .' Whereupon, Mr. Cooper moved That the further consideration of the bill be indefinitely postponed, Which motion Prevailed. · And the further consideration thereof Was Indefinitely Postponed. Ordered that the Senate be informed thereof and the bill returned to that body. O,n motion of Mr. Reed, 'L'he Senate joint resolution entitled, "Joint resolution appointing commissioners to examine the peni- tentiary system of the different States," Was. taken. up for consideration. Mr. Reed moved That the House do adhere to its amendments to the Senate joint~ resolutions under consideration, and do appoint a committee of con- .· . ference upon the matters in disagreement between the two Houses, · and request the appointment of a similar committee on the part of } the Senate. · · Pending which question, Mr. Cooper moved That the further consideration of the subject be indefinitely post- poned, ' · · Which motion was· Lost. The question recurring on the motion to adhere to the House amendments to the Senate resolutions, and to appoint a committee of conference thereon, · · It was decided in the affirmatiye, And the motion Prevailed. And, thereupon, Messrs. Pratt, Reed and Bradford were appointed S!liid committee on behalf of the House.. i Ordered that the Senate. be informed thereof. On motion of Mr. Bradford, 612

The House took a rectlss for. one hour. .A.t the expiration of the hour of recess, The Speaker called the House to order. On motion, T~e House adjourned untH 10 o'clock, to-morrow maiming.

FRIDAY, March 22, 186'1~10 o'clock, A. M. The House met pursuant to adjournment. Mr. Wolcott, Clerk of the Senate, being. admitted, informed the House that the Senate had concurred in the followjng House bills and joint resolution, to wit : . . . ''An act to divorce Nathaniel Ingram from his wife, A.nn Eliza Ingram;" · "An act to divorce Sallie E. Bates and her husband, Robert W. Bates ; " and · · · ' "Joint resolution directing the State Treasurer to pay the mem­ ber.s of this General Assembly in gold, or its equivalent in.currency." And returned the same to the House, He also informed the Honse that the Senate had concurred in ·the following House bills and joint resolution, with amendments, to wit: "An act to amend Chapter 99 of the Revised Code of the State · of Delaware ;" · · · . "An act to raise revenue and provide for the current expenses of. the State Government;" and . . "Join~ resolution directing Wiliiam Fisher to make certain repairs to the roof and cupola of the State House," · . · ' And requested the concurrence of the House therein. He also informed the House that the Senate had nc,n~concurred in the following House bills, to wit: .. "An act to prevent the improper distribution of the School Fund of this State;" and 613

· ''An act to prohibit animals from running at large within certain limits in Sussex county," . . And returned the same to the House. Mr. Raymond presented the respective claims of F. Croydon, J. H. Hoffecker, and Dover Gas Light Company against the State of Dela war~, · Which, On his motion, Were severally read, And further, On his motion, Were referred to the Committee on Claims. Mr. Corbit, from the Committee on Enrollment, reported the fol­ lowing enrolled House bills and joint resolutions as being duly and correctly enrolled, and presented the same to the Speaker for his, signature, to wit : · '.'An act to auth.orize the straightening of a public road in Dags­ boro' hundred, Sussex county;" "An act in relation to the New Castle and Frenchtown Turnpike and Railroad Company ; " "An act to revive, reenact and amend the act entitled •An act to incorporate the Black Swamp Ditch Company,' passed at Dover, February 10, 1841 ;" ''An act to authorize the laying out a public road in Kent county;" "An act to amend Chapter 125 of the Reviseci Code;" "A.n act to repeal Chapter DCIII of the Eleventh Voh1me of the Laws of Delaware ; " "An act to amend Chapter 41 · of the Revised Statutes of the State of Delaware;" "A supplement to the act passed March 17, 1865, entitled, 'An act to incorporate the Hudson's Branch Ditch Company ;' " "An act establishing a coJlege for agricultural and mechanic arts in this State;" ''An act to incorporate the Delaware J3oot and Shoe Manufactur- ing Compan:it," and · "J'oint resolution compensating Edward Ridgely, ChanceJlor ad litem." Also, 614 "An ac~ to di:v;orce Nathaniel Ingram,-f1•<>m·- ·his wife, •Ann Eliza Ingrani ; " -- - - - _ .., . ,, _ "An act to divorce Sallie .R :Bates from her.husband, Roliert W_. · Bates;" and. : '/J~int' reso.lutio~· directing the State Treasu~er to:~·ay·th~~riiem­ bers of this General Assembly in gold, or its equivalent in c_urrency2' Mr; Davis, from the Committee on Enrollm~t; reported the .fol- _ · lowing enrolled House bills as being duly and correctly enrolled; and · presented the same to the .Speaker for his sign~tur~, to. ~t ~·- " An act to authorize Jacob R. Jones to straighten , and change a certain public road on his own land in Broad Creek hundred, in _Sus- · sex county;" -- ' · ·· ·, , · ·- · "An act. to revive an act authorizinfthe laying out arnFri:iaking' a :Priv:ate ·_ roadill be iude,fµiitely JIC>Stponed, ' · . ,• ·, Which motion Prevailed~.· -- And th~ further.consideration thereof __ W:as .. Iri;definitely Postpo~e4, - , . Mr. Reed oft'ered a joint resolution, . ·Which,,.-·· On his motion; · 615

Was read, as follows: WHEREAS this General Assembly is deeply impressed with the ac­ counts of the . sufferings enq.ured by our friends and brethren in the Southern States from want; AND WHEREA!l a kind Providence has shielded us from the manifold misfortunes which have overtaken and . undone a brave, generous and noble people, uear and dear to us by · ties of blood and kindred institutions ; AND WHEREAS it is always better to give than to receive, where sorrow, suffering and want can be relieved thereby ; therefore, Be itResol'U_e~ "by th~ Senate and House of Representatives of the State of Dela,ware in General Assembly met, That the Gover, nor of this State be and he _is hereby authorized to draw upon the State Treasurer of this State to the extent of five thousand dollars, to be distributed b,y his excellency through the agents appoiuted for procuring reHef for the starving people of the South, or otherwise, as he may deem expedient, in order to effect in reality the purposes and intent of this resolution. And further, ()n motion of Mr.· Reed, , The joint resolution was . Adopted: Ordered to the. Senate for concurrence. On motiori of Mr. Jolu~son of Kent, The House joint resolution directing. William Pisher to make cer­ tain repairs to the roof a11d cupola of the State House, · Was taken up for consideration. And, On his further motion; The Senate amendments to the resolution Were read, as follows : . INSENATE, r March 22, 1867. J Amend the joint resolution by striking out the words i, William Fisher," in the third line, and inserting in lieu thereof the word~ " Frederick Croydon." · . Also amend the title by striking out. the words "William FiPber," in the first Hue, and inserting in lien thereof the words "Frederiek Croydon." · (Extract. from Journal.) J. L. WOLCOTT, (For concurrence.) Olerk of Senate. 616

And, thereupon, On motion of Mr. Reed, The Senate amendments to the House joint resolution Were · Concurred in; · Ordered that the Senate be informed thereof. On motion of Mr. Reed, The House bill entitled, . . "An act to raise revenue and provide for the current expenses of the State Government,"· Was taken up for consideration. On motion. of Mr. Reed,· The Senate amendments to the bill under consideration, Were read, as follows : IN SENATE, ·l March 21, 1867.J, lst. Amend the House bill by adding after the figures "1857," in · line 10 of Section 3, the words «regulating the sale. of intoxicating liquors." · 2d. Amend the bill by striking out, in line 10 of Section 3, the word "twenty," and inserting in lien thereof the word "fifty." · 3d, Aniend the bill by adding, at the end of Sectfon 3, the follow­ ing, to wit: "And any keeper of an eating-house may take out a licese authorizing him to sell vinous. spiritous, or malt liquors upon his paying to the Clerk of the Peace. of· his county, for the use of the State, the sum of fifty dollars." I • 4th. Amend Section 9, in line 12, by strildng out the word ".or," between the words "Sheriff" and "Constable," and insert, between the words '' Constable" and {, within," the words '' or citizen." .· 5th. Amend the bill by inserting the following as an additional section: . " ,SECTION 23. And be it further enactea, That it shall be the duty of every Express Company doing or carrylng on business in this State, to transport, free of charge, all books, papers and public documents that may be sent to the Governor, Secretary of State, or Librarian, for the use of the ·state, 01· that may be sent from this State for the use ofany other State, or of the United States. And if any agent, within this State, of such Express Company shall pre­ sume to charge for the transportation of said books, papers and · public documents, ·it shall not be lawful for him to collect the price 617 of such transportation. And' further, if any such agent shall ;insist upon such pay1Dent being made for such· transportation, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by in­ dictment, he shall be fined not less than . one hundred dollars, nor more than five hundred dollars, besides c·osts. In case any such Express Company shall refuse to transport, free of charge, such books, papers, or public documents, it shall be unlawful for. such Express Company to follow or carry on their business within this State; and if after the refusal of such Express Company, any agent or officer within this State shall continue in the employ of such Express Com­ pany; he shall be deemed guilty of a misdemeanor, and on conviction thereof by indictment, he shall be fined not less than one hundred dollars nor more than five hundred dollars. (Extract from Journal.) J. L .. WOLCOTT, (For concurrence.) Clerk of Senate. On motion .Mr. Reed, The 1st, 2d, 3d and 4th amendments .were severally Concurred in. Whereupon, Mr. Bancroft moved That the House do non-~oncur in the .5th amendment, Which motion was Lost,· .And, thereupon, Mr. Reed moved That the 5th amendment be concurred in, .And On the question, "Will ·the House eoncur in the Senate· amend­ ·ment ?" Mr. Reecl called for the yeas and nays, Which, being taken, were as follows: Yeas-Messrs. Bacon, Bradford, Davis, Frame, Johnson· of Kent, Lattomus, Pilling, Pratt, Reed, Waples and Mr. Speaker--'-11. Nays-Messrs. Bancroft, Cooper, Corbit, Eliason; Jones and · Raymond-6. So the question was decided in the affirmative, And the Senate amendment No. 5, was aoncurred in. Ord'e1·ed t,hat the Senate be informed thereof. 618

• On motion of Mr. Reed, The: House joint resolution to secure the pubHcation of the Second Volume of ". Houston's Delaware Reports," · was taken up for consideration. And further, On his· motion, .Was read,· ,Whereupon, Mr. Reed moved That the joint resolution be adopted, Which motion Prevailed, .And the House jointr.esolution Was Adopted. Ordered to the' Senate for concurrence, On motion of .Mr. Cooper, The House bill entitled, ''An act to amend Chapter 99 of the Revised Code of the State of Dela-ware," Was taken up for consideration. On motiori of Mr. Cooper, .The Senate amendments to the bill under consideration were read as follows: IN SENATE, 1 . )larch 21, 1867 . .f Amend the bill in Section 1, in line 21, by striking out the word. "four," and inserting in lieu thereof the word "five. )I And further amend by striking out th@ word "three," in line 47;. and inserting in lieu th~reof the word "two." (Extract .from Journal.) J. L .. wOLCOTT; (For. concurrence.) Cleric of Senate. And further, On motion of Mr. Cooper, The Senate amendments Were Ooncurreair1r.. · 01·dered that the Senate be informed thereof. 619 . . Mr. Reed,. from the committee of. conference on the Senate joint resolution in relation to the penitentiary system,: .·. Reported; recommending that the House recede from its amend­ ment, and the Senate joint resolution be concurrecl in .. And,thereupon; Mr. Reed moved · That the House reconsider the vote by which it adhered tci its amendment to said resolution, Which motion was Lost. Mr. Raymond, from the Committee op. .Claiius, reported a bill entitled, "An act for the payment of claims agaiust the State," : Which, On his motion, Was read, And further, On his motion, • The bill was read a second time by its title by special order of' the House. Mr. Wolcott, Clerk of the Senate, being admitted, informed the House that the Senate had concurred iri the House amendments to the Senate bill entitled, . "An act to incorporate the Hollywood Cemetery of Harrington, · Kent county." .Mr. Wolcott, Clerk.of the Senate, being admitted, returned. the following enrolled House bills and joint resolutions, .the same having received the signature of the Speaker of the Senate, to wit : ''An act to incorporate tho Old Ferry Rolling Mill Company;" "Au act to incorporate the Newark Woolen Manufacturing Com- pany;" · "An act to incorporate ChristiBnaLodge,J'fo. 'r, of the Indepen­ dent Order of Good Templars, of the State of Delaware, in the vil- . lage of Christiana ; " "An act to incorporate the Smyrna Building and Loan Associ- ation, of the town of Smyrna;" . · "An act to authorize the opening and making a new public road in Mispillion hundred, .Kent county;" 620

".An act to authorize the laying out a public road in Cedar Creek hundred, in8ussex county;" . ".An act to incorporate the Philadelphia and Baltimore Union Steamboat· Company;" ".An act to incorporate the Delaware Brick 1lannfacturing Company;" · ". .An act to incorporate the Wilmington Steam Brick :Manufactur- ing Company;" · ".A fnrther supplement to the aet entitled, 'An act to limit the city debt of Wilmington, and to provide for the ·discharge thereof,' passed at Dover, February 21, 18!9 ;" . ".An act in relation to the Clerk of the Peace in and for New Castle r.ounty ; " · "An act appointing commissioners to lay out a new public road in Kent county;" ".An act supplemental to the act entitled, '.An act to :incorporate.· the Cooper Cemetery, of Murderkill hundred, Kent county,' passed at Dover, March 5, 1867 ;" · ".An act to incorporate the Ft.rmer's Market Compariy of New . Castle county;" · ".An act to a11thorize Horace Spru!tnce to change and straighten a public road in Duck Creek hundred, Kent county, Delaw!tre ;" ".An act to. prevent 'certain animals running at large ~ithin certain limits, in School District No. 13, of Kent county;"

".An act to add to Chapter 65 · of the Revised Code;" , I ".An act to incorporate the Delaware Trust Company;" ''.An act relating to county.assessments in. New Castle county;'.' .· ".An act to amend an act entitled, 'An act to amend Chapter 25 of the Revised Code, in relation to salaries of certain public officers,' passed at Dover, February 14, 1866 ;" · ' ' · "A. supplement to the act entitled, '.An act to charige the location and straighten a certain public road hereinafter mentioned ; " ·. ".An act to authorize John W. Con noway to alter and straighten a certain public road in Nanticoke hundred, Sussex county, at his own expense;" · · · · ".An act to divorce Joshua.. Scotten and Sarah E. Scotten, his wife, from the bonds of matrimony;" , ·. ".An act to authorize the opening and· making a new public road in Mispillion hundred, Kent county;" 621

"Ari a.ct fo authorize Rev, Willia.Di Warner and Garretson Sauls- bury to straighten a p9 blic road ;" · · i''An a.ctJor the relief of School.District N.o. 53, in New _Castle county;" . · · · "An.act to incorporate the Dover Building and Loan Association;" "An act to authorize the sale of certain real estate· therein mens tioned, devised by the will of John Pleasanton;'', . . "An act in relation to the judgment and continuance dockets of the Superior Court of Kent county, and the general indexes to the same;" · "An act to amend Chapter 42 of the Revised Statutes of the State of Delaware, •Of Free Schools;'" · · 11An additiqnal supplement to an act entitled, 'An act to provide for the erectio~ of a. public bridge across. Broad Creek, at the to:wn · of La.nrel, in the County of Sussex;'" · · . . ' . I "Joint resolution appointing Edward K. Smitq to purchase coal,

WOO'd I & Cj " , . . . . · . ••Joint -resolution adjourning the, two Ho.uses of the Genera.I As- sembly sine die;" · · ••Joint resolution in relation to the State 'Library;" and · ",Joint resolution rescinding the joint resolution .of adjournment, and extending the session." . · . . • " · . He also presented, for the signature of the Speaker of the Honse, thefollowing enrolled Senate bills, the same having reaeived the signature of the Speaker of the Senate, to wit: "An act to authorize the laying out a.· public road in Milford hun­ dred;" and ".An act to incorporate .the Morris .Branch and Beaver Branch Banking. Company." On motion of Mr. Raymond, The House took a. recess for half an hour. At the expiration of said time, The Speaker c9'1led the House to order. Mr. Corbit, from the Committee on Enroll~ent, reported th.efol- · lowing· Senate bills as· being duly and correctly enroll~d. and pre­ sented the same to the Speaker of the House for liis signature, to wit : . . "An act to authorize the laying out of a public road in Milford . hundred ;" and 622

· ,iAn act to incorporate the Morris Bran.ch and Beav.er Branch. J3anking Company." Mr. Wolcott, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the following House: bills; . to' wit: •. ".An act to d.ivorce Robert M. Connery from the bonds of nmtri­ mony with Catharine Qonnery ;" and ''An act to amend Chapter 10 of the 13th Volume of the Laws of Delaware," .And returned the same to the House. He also informed the House that. the Senate had concurred in the following House bill, with amendments, to wit :

' 1.An act to define the duty of. the State Treasurer in relation to the. public debt," · .And requested the concurrence: of the House therein, On motion of Mr. Raymond, The.House hiU entitled, "An act to define the duty of i!he State Treasurer inre!ation to the public debt," was taken up'. for consideration . .And further, .On his n~otion, . . .. .The· $enate. amendment to .the bill under consideration,· .Was read, as follows: · IN 8ENATJ!:,. } March 22, 1867. . Amend the bill by striking out the preamble thereof. (Extract from the Journal.) .J. L. WoLCO'.!'T, (For concurrence.) Olf]rk of Senate. Mr. Pilling moved That the House do non,concur in the. Senate amendment, Which motion , Prevailed; .And the Senate amendment ~Was . . No,,;,~concurre.d in.· .Ordered that the.S'enate be informed thereof. On motion, . The House adjourned until 2 o'clock this afternoon. 623·.

SAME DAY~2 o'clock, P. M; · . : . The .House met pursuant to adjournment. Mr. Corbit, from the Committe.e ~n Enroilment, reported the fol­ lowing Honse bills and joint resolutions as.being duly and correctly enrolled, and presented .the same to .the Speaker for his signature, to wit i ...... ''An act to amend Chapter 99 of the Revised Code of the State· of Delaware;" · · "An act authorizing the laying out.a public road in Broad Cre.ek hnndred,8ussex county ; " · "An act to authorize Willard Richardson and David Scott to ~change the location of certain public roads upon their own larid in Milford hundred, Kent county, and to open other public roads in lieu thereof, at their own expense;" "An act to amend Chapter 10 of the 13th Volume of the Laws of Delaware;" · · ''An act to incorporate .the Kirkwood. Loan Association .in Red Lion hundred, New Castle connty," ' . . . . ·' . ' ;. "An act to divorce Robert M. Connery from the bonds of matri~ mony with Catharine Connery;" and . . "Joint resolution directing Frederick Oroyden to make certain repairs to the roof and cupola of the State Houe;" Mr. W o1cott, Clerk of the Senate, being admitted, informed the Hoiise}hat the Senate had concurred in the House bill entitled, "An act to incorporate the Bright's and Haynes' Glades Ditch Company," with amendments, And requested the concurrence of the House theret1.1. On motion of Mr. Johnson of Kent, \ The House bill entitled, '' An act to incorporate the Bright's and Haynes' Glades Ditch Company," Was taken up for consideration, And further, On his motion, The Senate amendments to the bill under consideration, 624'

Were read, as follows: IN SENATE, } March 22, 1861. Amend the bill in Section 2, in line 4, by inserting between the word "ballot," and the word "and," the words "every person shall be entitled to cast one vote for every dollar of tax paid by them." Also amend the bill by adding at the end of Section 3 as follows, to wit: "Provided, That the act shall be so construed as not to authorize the commissioners hereafter elected or appointed under this act to extend the ditch. up Bright's Glade further than the upper line of Peter Calloway deceased's home farm, where the · same crosses Bright's Glade." · (Extract from Journal.) , . J. L. WOLCOTT, (For c.oncurrence.) Clerk of Benak · Whereupon, On theforther motion of Mr. Johnson of Kent, . The Senate amendments were Concurred in. Ordered that the··Senate be informed thereof. Mr. Wolcott, Clerk of the. Senate, being admitted, informed the House that the Senate had concurred in the House bill entitled, · "An act to incorporate the Pokomoke River Improvement Co.m- pany," ' And returned the. same to. the House: He also informed ijle House that the Senate had requested the. return to that body of the House bill entitled, "An act to amend the act entitled, 'An act to authorize the laying: out of certain roads in Duck Creek hundred, in Kent county.'" Mr. Bancroft offered a joint resolution entitled, "Joint resolution in relation to the House ,Journal of 1865 and 1866," Which, On. his motion, Was read, And, On his further motion, The resolution was· · Adopted, Ordered to the Senate for concurrence. 625

Mr. Wolcott, Clerk of the Senate, being admitted, presented for the signature of the Speaker of the .House the following enrolled Senate bills, the same having received the. signature of the Speaker of the Senate, to wit : ".An act to incorporate the Delaware Mutual Life Insurance Com­ pany;" ".A supplement to an act entitled '.An act to amend an act entitled '.An act regulating· the sa}e, of intoxicating liquors,. &c. ,' passed at Dover, February 13, 1866 ;" · ".An act to incorporate the Diamond State Loan .Association;" ".An act to authorize the Chancellor to appoint a trustee for Ethan .A. Dixon;" "An act to divide Murderkill hundred, in Kent county, into two hundreds; to be called, respectively,·N orth Murderkill hundred and South Murderkill hundred ; " ".An act to divorce .Ann Long and Phillip Long, from the bonds of matrimony ; " . · ".An act to enable Martin F . .Allaband to straighten and. put in good order a public road on his own land at his own expense;" ".An act to amend Chapter 61 ofVolume.13 of the Delaware Laws;" "A~ R"Ct to revive and continue in force the act entitled, '.An act to enable Josiah W .. eomns, John W. Short and Burton West to locate certain vacant lands in Broad Creek hundred, Sussex county, Delaware, and complete their title to the same,' passed at Dover, February 18, 1851 ;'.' . ".An act to prevent the running at large of horses, mules, colts, cattle, hogs, sheep and goats within the limits of the Town of George­ town, in Sussex county;" ".A supplement to the act entitled, '.AJ?, act in. relation to Free- SchC>ols,' passed at Dover, March 3, 1857 ;" · ·. · ".An act, concerning vessels anchoring in the 'Deep Hole,' at or near the' mouth of. Broadkiln Creek;" · · ''A supplement to the act entitled, 'An act concerning estrays ;" ".A supplement to the act entitled, 'An act to incorporate. the Seaford Odd Fellows' Hall Company, at Seaford,' passed at Dover; February 7, 1862 ;" "An act to divorce Ida A. W. Poulson and her husband, William 0 .. T. Poulson, from the bonds of matrimony;" and . ".An act to authorize the Recorder of Deeds,. in. itnd for Sussei county, to procure a new seal of office." . . . He also presented the written request of the Senate for the return to that body of the House bill entitled, H40 626

''An act to amend rthe ·act:entitled, <.An act authorizing the laying out'of certain roads in Duok Creek hundred; Kent connty." 'On motion ~f Mr. Raymohd, The House bill entitleq., 1<.A:n act for the payment of claims against the State," · Wa:s,taken up for consideration. . Mr: Raymond oirer~d ati ameildtnent to the bill und.er consideration,' Which, On .his motion, Was read, as follows : Amend the bill' in line fifty-six of: Section 1 by striking out the words " two; hundred' and. fifty," and inserting in lieu thereof the words "three hundred." ·

i .Arid further, On his motion, The' amendment was ·Aaopted. '• On the further motion•oi Mr.· Raymond, The bill, as amended, was read a third time, and by paragraphs, And · "'Passed the House. Ordered tg the Senate :for concurrence. Mr. Bradford, from the Committee on Accounts;ssnbmiited a re~ port, Which, On his motion, "'Was·r~ad; asfollows: . We, the undesigned, appointed .a:· Committee .on· .Accounts for the House· of' 'Representatives, beg 'leave to 'submit the following allow­ ances as accounts against the Honse'of Representatives/viz: ··>Days. : · Miles. '· •Dolls." Cts. To Wi}liaµi A'. Polk,.Speaker.:... ; ...... :,83 26 452,.93 ''. Georgw:H. Raymond...... ; ..., .. ;81 , 12. 328 80 '' Elias S. Reed...... 81 324 00 '\ Joseph Booth...... 83 . 20 337 ,60 '''Peter L. Oooper ...... ; ...... ;:81 '12 328 80 " James H. Smith ..... ; ...... 25 20 108 00 · ,-,:·,·Mark' A. Johnson.; ...... : .54· 20 224 00 " Henry Pratt ...... ; ...... ;81 8 327 20

Amount carried forward ...... $2,431 33 627

... Days. . Miles. . , :!)oils. ,Cts. Amount brought forward .•...... ,••• $2,431 33 ·. 'To. John S. Bacon ...... 83 46 350 .13 " 'R::H. Davis ...... 83 25 342 00 " Paynter, Fr11,me .... ; .... ,.,, ...... , .. ,.83 47 .350 _80 ''. .John,M. Houston ...... ; .... ; ...... 83 · 60 356:00 " Joshua J. Johnson ...... '...... ·...... ·... 8'3 70 :360·00 " Thomas A. Jones ...... '... u .. 83 46 350 13 ·":.w. D, Waples ...... ; ...... ,83 '50 352 00 <' John A. Allderdice ...... 83 45 350 00 " Samuel Bancroft ...... , ...... 83 54 .. · ·•:353·20 " James Bradford ...... :; ...... 83 .50 352 00 " Charles Corbit .... ; ...... ; ..... 83 · 40 348'00 · " Andrew Eliason ...... ; ... ; ..... 83 30 344 00 " L. W. Lattomus ...... 83 21 340 40 " John Pilling ...... 83 62 356 80 " I. C. Grubb, Clerk of the House, for enrolling, transcribing, engrossing and other services ...... · 1,300 00 ·~ Cyrus Huntington, Chaplain ...... 75 00 " Charles Benn, Messenger ...... 50 ...00 " George S. Reynolds, Sergeant-at-Arms ...... , .. . 30,0 00 " Zadock L. Butler, Fireman ...... '. 150·00 ' " Charles. P. Wetherby, Assistant Clerk, enrolling, engrossing, &c.', &c ...... u .. : ...... , ...... 400 00 " Caleb Hall, washing and ironing ...... 12 ·oo. ''James::W. Wise, carriage hire .... : ...... : ...... 24 oo' " HendricksoniWright.,; ...... ; ...... 10,00 " R .. ,H ..Todd, services rendered.Finance Col!Ull~tiee, State Treasurer and Auditor ...... : ...... 30j}O " E. S. R. Butler, newspapers ...... 58 28 " Edward Ridgely, drawing bills ...... ; ...... 150·00 " Henry Eckel, subscription to Delaware, Journal. .. . - 3 0(1 " Jeremiah Cannon, resetting stove ...... : ...... 2 50 u::·James:Kirk,. printing...... ····296 '.45' " Jenkins & Atkinson, subscription to. Daily Com- mercial ...... 4 50 " David Chipman, carrying papers...... ,. . 5 00 " To balance: due :A. L. Lewis, for stationery, fuel, postage stamps, &c., &c...... u ..,,., ... , ,,..... : .. ., ,,2,365 31 " Frederick CrQyden, fixing lock, &c., &c ...... : .. 39 50 " Jos"ph H. Hoffecker, subscription Smyrna Times .• 2 00 " C: P. Johnson, snbscription to Delaware Gazette.. 3 00 $13,817 33 ·

·W.I.. LL.·.I.A. .. M. D.. •W. AP. LE. S;}.. o1. . it.t JAMES BR.AD FORD,. · omm ee. 628 \ On motion of Mr.·Reed, . ''TheReport of'the'Oi>Irimittee on :Accounts .was · . .Adopted'. ' Mr. Jackson, a memb~r·llf·the· Senate, being admitted, inform'¢ the Honse that the Senate had concurred in ·the House joint. resolu- tion entitled, · · · · · ·. "Joint resolution to secure the pnblicatiori.'o(the 'second voln~e of Houston's Delaware Reports," ' . . . . .' •.. .. . :.A.nd. returned the same to the H~use...... ' .. Mr, Davis offered a joint rest>lution entitled, ., :, ' - .. - •' ,, ' - ,, . "Joint resolution auth~rizing the. State . Treasurer ·to borrow inoney," Which, · On. his motioll, Was read, .And, · . . . - On his further :motio~, '...... ,, . . . . Was .. . . .A

Gtp.. Amend the bill further by striking .out all of Section 7, after the enacting clause, and inserting in lieu thereof the following: "'l'hat. no supplement tax shall be assessed upon the inhabitants· of said dis, trict, under the provisions of Section 6. of·this act, in any year; unless a tax equivalent to three hundred dollars, clear. of delinquents.and commissions, shall have· been.Jevied and raised for· each· of: the disc tricts composing this consolidated district; to wit : .the sum of eighteen hundred dollars as the regular tax of• said •district. The election for trustees under this ·act shall be held at: the same,.time, as·the school eiections of this· State are held:for school committees" The trustees to be so elected shall make; or cause to be made, .the: necessary ,as~ sessments on the persons and property of said district; and hold ai court to hear any and an·· appeals therefrom, the same as is•provided·, by law in regard to other school districts of• this State." 7th. Amend the bill further by adding an additional sectii>nthereto, as follows: SECTION 8. And be it Jurtiier enactea as aforesaid, That this act shall be deemed . an incorporation for public improvement, and shall be perpetual or without limitation; reserving .. nevertheless to. the Legislature the right to alter, amend or repeal the same for abuse or misuse of its corporate franchises. 8th; Amend the bill by adding the following section : SECTION 9'. And be it further enacted,' . That the provisions of.' this a.ct shall only apply to and include such school districts of the Town of I)over as shall, at a meeting to be called for that purp<>se; accept the same by a majority of the school voters at such meeting, of which due notice shall be given .by written advertisements.· posted in fivo of the most public places in the district... Such notice shall be given by the present school committees of the respective districts, or the clerks thereof, stating the day, boar and place of meeting, and the purpose for which it is called. All votes shall be given by ballot at said election; and it shalflie the duty of the officers appointed to conduct such election ·to· certify· under their' hands •and ·seals the ac­ ceptance or non;;acceptance of this act to the Clerk of the>Peace of Kent coimty, who shall file the same in his office. On·voting, those in favor shaHvote aye; and those opposed, no. · 9th. Amend Section 1 by striking out the word "within," in the sev:enth line of said section, and inserting in Heu thereof the words "being in whole or in part in ; " and after the word "Dover," in said line the following, to wit: "Numbers 18; 60, 90, 91, 92, and lOL" (Extract from Journal.) J; L, WOLCOTT, For concurrence. Olerfc· of Senate. Mr. Reed moved 631

That amendment No. I be adopted. Pending which question, Mr Cooper offered an amendment to the Senate amendment; Which, On his motion, Was read, as follows : . Amend the bill, as amended by the Senate, .by adding at t6e end of:Section; 1, ·af~r .the word. "district," the word.s. "or the erection of buildings." And further, On motion of Mr. Cooper, The amendment to the Senate aIUen

SAME DAY-7 o'clock, P .. M The House met pursuant to adjournment . . . Mr. Wolcott, Clerk of the Senate, being. admitted, informed the Honse that the Senate had conenrred in the following Honse bills and joint resolutions, to wit: · "An act to divorce George H. Bennett and Susan M., his wife, from the bonds of matrimony ; " "An act to amend Chapter 125 of the Revised Statutes of the State of Delaware;" ''Joillt resolution authorizing the State 'Treasurer to borrow money ;" mid · "Joint resolution in relation to the ·House Journal of 1865 and 1866," · And returned the same to the Honse. Mr. Reed, from the Committee on Enrollment, reported the fol­ lowing enrolled House bills and joint resolution as being duly and cor~ rectly enrolled and presented the same to the Speaker of the House for his signature, to wit: "An act to incorporate the Kent County Oyster Canning Come . pany, and for other purposes;" ''An act to divorce George H. Bennett ttncl Susan M., his wife, from the bonds of matrimony;" .and · ''Joint resolution in relation to the House ,Journal of 1865 and 1866." . Mr. Wolcott, Clerk of the Senate, being admitted, presented the following enrolled Senate bill and joint resolutions for the signature of the Speaker of the House, the same-having received the signature of the Speaker of the Senate, to w.it: · "An act to incorporate the Hollywood Cemetery, of Harrington, Kent county ;" "Joint resolution appended to the report· of the committee to whom was referred that portio~ of the Governor's message relating to the ~efences of the State;" and · 688 '' Joint resolution . appropriating ·six hundred• dollars to piJ.y the . ,contingent expenses of the office of Secretary: of State."·· · He also returned the following enrolled Honse bills and joint resolutions, the same having received the signature. of the Speaker of the Senate, to wit : · '.'.An act.to incorporate the Delaware Bo~t and Shoe Manufactur- ing Company;" · · · · · . . ".An act authorizing the Levy Oourt of New Castle county to' construct a bridge· over the. Brandywine Creek, at a. point between Seventh:and Thirteenth streets,in the 'Oity of. Wilmington;",·, .•. ''An. act to revive an act authorizing the laying out and making a· private'ioad in Little Oreek. hundred,' Sussex county, passed at Dci:ver, _ ,Janua~y 25th, 1866 ;" ·· ''An act to amend an 'act entitled, '-4.n act to incorporate the New · Castle Building ~nd Loan Association of.the Town of New Castle;~'.'· . ".An. act to 'divorce 'Annie D. Briant and her• husband, SamueL Briant·" · · "An'' act to. div<>rce. Rachel Lathl,'o.p from her husband, J qseph La- throp;" .. . "An act _to cii.vorce Nathaniel Ingram fro~ hi~ w_ife, Anl} J~jiza ]pgram ;" ...... : . . " . ·. "An_ act establishing a coHege for agricultural.and mec4a.nic arts.;,, .·. '.'An act to revive, reenact and .amend the. act entitled, \A11 act:to incorporate the Black Swamp Ditch Company,' passed at ·I?,oJe:','1·, Febrnary·lO, 1841 ;" ...... · · . . "An a.ct·to.incorporate the.Diatilond ·Sta~e Mritua1··1iite.Insurance, Company;".. ·. · · . · . "An act to incorporate the Meredith Branch: Ditch Company;'' . ".Au : act to authorize Willard Richardson and David Scott;to change the location of certain public roads upon their own land, ·in Milford hundred, .Kent county, and to .open other public. roarls in lieu thereof at their own expense ; " ' . '. ,. ' . ' - ··' . '. II.An act to divorce Robert M. Connery fro.m the bonds. of inatri-. mony with Catherine. Qcinnery ;'.'. . •.. ,. · .. : . . · · ;'· . · · .· . : · ... . ".An act to amend Chapter 10 of the 13th Vohime -of the Laws of Delaware;" . · ":t\.n act to atithorize,the laying out a ·public road in Broad. Creek hundred, Sussex county';" · · "An act. to amend Chapter !}9 onbe Revised Code of the State ·Of Delaware;" . . ' '. 634

''Joint resolution directing• Fred~rick Croydon to make certain re­ pairs to the roof and cupola of the State House ; " ''Joint resolution Ju relation to the duties of the State Treasurer;" "Joint resolution. compensating Edward Ridgely, Chancellor,ad . litem ;" "Joint :resolution,, appointing Zadock, L; Butler. to take charge of the Senate Chamber and the Hall of the House of Representas tives ; " "Joint resolution directingtlre ,State Treasurer to: pay the,mem­ bers of this GeneraLAssemblyJn gold,.orits equivalent in currency;" and .. · "Joint resolution to secure :the publication·.of the .second, Volume· of Houston's Delaware Reports." · · Mr. Corbit; from the Committee on Enrollment, reported· the following enrolled House bills 'and joint resolution as being duly and · correctly enrolled, and presenteddhe same to.:the Speaker of the House for his- signature, to wit: "An act to incorporate the Bright's and: Hayne's Glades Ditch Company;" "An act to 'raise revenue and provide for the crirrent expenRes of the State government;" · "An act for the· Payment of ,Claims against the' State ; " and "Joint .resolution · authorizing·: the ·State Treasurer· to ·borrow money." Mr. Reed, .from the Committee on EnroUment, reported the foHow­ . ing enrolled Senate bill and joint resolutions as being duly and cor­ rectly enrolled,· and presented the same to the Speaker of the House for his signature,to wit : · "An:act to incorporate the Hollywood. Cemetery; of Harrington, Kent county ; " · · · " Joint resolution appropriating six hundred> dollars to · pay the contingent expenses of the office of the Secretayy of State ; " and " Joint resolution appended to the report of 'the committee to whom was referred that portion of the Governor's Message· relating to the. defences. of the ·State." · Mr. Wolcott, Clerk of the Senate, being admitted, returned the following: enrolled House bills and joint. resolution,•. the same having received the signature of the Speaker of the Senate; to wit : . ••.An act to divorce George H. Bennett and Susan M., hiswife,. from· the bonds of matrimony ; " 685

"An !Mt to incorporate. the Kent County Oyster Canning ,com­ pany, and for other purposes;" ·and• "Joint resolution in relation to the House Journal of 1865 and 1866." He also informed ;the House that the Senate had concurred in the Honse amendment to the Senate amendment to the Honse bill entitled, "An act to incorporate the Dover Academy, and for other· pur­ poses," And returned the same to the House. He also informed the House that the Senate had non-concurred in , the following House bills, to wit: "An·act to incorporate the town of' Smyrna;" "An act to .a.mend Chapter. 68: of the . Revise

He also returned the following enrolled Honse bills and joint reso­ lution, the same having received the signature of· the Speaker of the Senate, to wit : "An act for the payment of claims against the State;" "An act to. raise revenue and provide. for the current expenses of the Stat.e Government;" · . "An act to incoporate the Dover Academy, and for other purpo~es ;" '' An act to incorporate the Bright's and Haynes' Glades Ditch. Compahy ;" and ."Joint resolution authorizing the State Treasurer to borrow money." Mr. Davis, from the Committee on Enrollment, reported the fol­ lowing enrolled. House bill as being duly and correctly enrolled, and }Jresented the same to the Speaker for his signature, to wit : "An achoincorporate the Pokonioke River Improvement Com- pany." · · · · · . . . Mr. Wolcott, Clerk of the Senate, being admitted, returned the following enrolled House bills the same having received the signa­ ti:ue of the. Speaker of the Senate to, wit : "An act to amend Chapter 125 of the Revised Statutes of the State of Delaware;" and · "An act to incorporate the Pokomoke River Improvement Com­ pany.)1 Mr. Bancroft offered a resolution, Which, . On his motion, Was read, as follows : Resolved, by the House'ofRepresentatives of ·the State of Dela­ ware, That. the thanks of the. members of this body are due, and are· hereby tendered to the Hon. Wm. A. Polk for his unwavering cour­ tesy and impartiality in the discharge of the duties of his office as Speaker of this body. And further, On motion of Mr. Bancroft, 'l'he resolution Was Unanimously adopted. On motion of .Mr. Cooper, 637

The Clerk read the Journal of the proceedings of the day. Mr. Raymond offered a resolution, Which, On his motion, Was read, as follows: Resolved, That the Clerk of the House be directed to inform the Senate that the House will be ready to adjourn sine die infive min-· utes, .And, On his further motion, The resolution was Adopted; And the C_lerk proceeded as directed. Mr. Wolcott, Clerk of the Senate, being admitted, informed the· Honse that the Senate would be ready in five minutes· to adjourn sine die. The,Speaker then rose and said: · I am at a loss for language to _express my profound acknowle'dg~ ment for the honorable testimony which you have this day borne of my official conduct as the presiding officer of this body by the unanc imous vote which you have given upon theresolution you liave adopted. Gentlemen, ·r repeat· that l cannot express the gratitude I feel for your kind appreciation of the manner I have presided over the deliberations of .this House.. Our relations have been kind, and the uniform courtesy you have extended to me will long be remem­ bered after we have reiurned to our homes and firesides. Gentlemen:, in. a few moments our legislative body will be dissolved. , We go to our homes and mingle againin the .active duties of. life. And.now; gentlemen, as we are about to part, let me ask you individually, to carry with you my warmest wishes and most earnest prayers for your welfare when you return to your families and resume your daily avo~ cations. With feelings of mingled pain and pleasure, I now, in pur­ suance of a joint resolution passed by both Houses of the General Assembly, adjourn this House sine die.

.ATTEST: IGNATIUS C. GRUBB, Olerlc of the House of Representati'ves. ERRA'fA.

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