lll
Which,
On his motion, Was read.
On motion of Mr. Ciements,
The bill entitled "An act authorizing Samuel •F. Hewes to change the public road in Dover Hundred," ·was read a second time by its title.
On motion of Mr. Higgins, The bill· entitled "An act to authorize the Levy Court of New Castle County to purchase or acquire a lot of land in Appoquinimink Hundred near to ~aylor's Bridge."
Was read a second time by its·title.
On motion of Mr. Higgins, The bill entitled "Au act to revive the act entitled 'An act to amend the act entitled A further supplementary act to the act en titled An act for the stopping St. Georges creek, and for embank ing and draining a quantity of marsh and cripple on both sides of said creek being deemed about three thousand acres situate in Red Lion and St Georges Hundreds and County of New Castle, and for keepin~ the dykes and dams belonging to the same in good order and repair," Was read a second time by its title.
On motion of l\Ir. Rickards, The bill entitled "An act declaring inoperative so much of an act entitled 'An act in relation to public roads and highways in St. Georges- and Appoquinimink Hundreds in· New Castle County,' passed at Dover February 21, 1859, as relates to Appoquinimink Hundred," ·
Was read a second time by. its title. 112
• On motion of Mr. Rickards,
The biil entitled "An act to authorize Elijah Satterfield to change a certain public road in Milford Hundred, Kent County, Delaware," Was read a second time by its title.
On motion of Mr. Robinson, The House adjourned •.
• SAME DAY, 8 o'c'lock, P. M..
The House met pursuant to adjournment.
Mr. Betts moved, '!'hat the bill entitled "An act declaring the cesse~ of the grants, li berties and privileges contained and specified in the act of the General Assembly of the Stafo of Dela.ware, entitled 'An act f..or the en· 113 couragem.ent of internal improvements in the State of Delaware,' passed at Dover, January 26, 1859, and to resume and revest the same in the said State:'' The further consideration of which was postponed,
Be taken up for consideration.
Which motion Prevailed.
The question being,
'' Shall this bill pass the House ?" Pending which, Mr. Phillips moved,
That the further consideration be postponed till Wednesday next.·
The yeas and nays were ordered,
Whic!J. being taken, were as follows :
Yeas-:\fossrs. Boyce, Calhoon, Collins, Davis, Phillips, Rickards, Robinson, Virden, Wapl<1s, C. Williamson-10. . Nays-Messrs. Appleton, Betts, Broadaway, Chandler, Church man, Clements, Cochran, Higgins, J. A. Moore, Jonathan Moore, Mr. Speaker-IL So the motion was Loll. The question recurring being, .. '' Shall this bill pass the House ?" The yeas and nays were ordered,
Which being taken, were as follows:
Yeas-'fos~rs. Appleton. netts, Boyce, Broadaw~y, Calhoon, Chandler. Churchman, Clements, Cochran, Davis, Higgins, J. A. Moore, ,Jonnthari Moore, ·virdeu, C. Williamson, Mr. Speaker.....t..16. ' 10"'
... 114
Nays-Messrs. Collins, Phillips, Rickards, Robinson, Waples-5.
So the bill Passed the House. Ordered to the Senate for concurrence.
Mr. Higgins gave notice that he would, on to-morrow, or some future day,. ask leave to iI1troduce a bill entitled "An act to amend the act entitled "An act to establish Inferior Qourts in the several Counties in this State."
Mr. Phillips from the committee to whom was referred the peti tion of Henry Maloy and others, Reported a bill entitled ".A.n act to amend chapter 55, of the Re vised Statutes of the State of Delaware,"
Which,
On his motion,
·was read.
Mr. Pratt, Clerk of the Senate being admitted, informed the House that the Senate had concurred in the bill entitled "An act to amend section 71 of chapter 59, of the Revised Gode of the State of Delaware." Also, that the Senate had passed and requested the concurrence of the House in a bill entitled" An act authorizing Deputy Sheriffs to administer oaths." Also, returned the following enrolled Joint Resolutions, they hav inn received the signature of the Speaker of t~e Senate : " Joint Resolution allowing the Auditor to provide additional conveniences for papers, &c."
"Joint Resolution of inquiry as to effecting a loan."
Also, the bill entitled "An act to amend an act entitled 'An act 115 securing to mechanics and others payment for labor and materials in erecting or repairing any building or structure within the State of Delaware.'" ·
And he withdrew.
On motion of Mr. Clements,
The bill entitled •'An act for the relief of the officers of volunteer companies and persons from whom arms have been taken,"
Was read· a second time by its title.
On motion of Mr. Betts,
The "Joint Resolution declaring the State Treasurer authorized to pay certain moneys therein named," Was taken up for eonsi.deration.
On his further motion,
It was Adopted. Ordered to the Senate for concurrence.
On motion of Mr. Churchman,
The Senate bill entitled "An act authorizing Deputy Sheriffs to administer oaths,"
Was taken up and read.
Mr. Waples gave notice that he would, on to-morrow, or some fu ture day, ask leave to introduce a bill entitled "An act to authorize the making a direct and reverse index to the mortgages recorded in the office of the Recorder of Deeds in Sussex '1ounty prior to March 1, 1861."
On motion of Mr. Churchman, Rule 13th of the House was suspended in order to read a bill by special order. 116
Whereupon, On motion of Mr. Higgins, The bill entitled "An act to revive the act entitled An act to amend the act entitled A further supplementary act to the act en titled 'An act for the stopping St. Georges creek, and for embank ing and draining a quantity of marsh and cripple on both sides of said creek, being deemed about three thousand acres, situate in Red Lion and St. Georges Hundreds and County of New Castle, and for keeping the dykes and dams belonging to the same in good order and repair,"
Was read a third time by paragraphs in orger to pass the House.
The question being, " Shall this bill pass the House ?" Pending which, · Mr. Churchman moved,
That the further consideration of the biUbe postponed till to-mor- row. ·
The yeas and nays being ordered, Which being taken, were as follows : I Yeas-Messrs. Betts, Boyce, Broadaway, Calhoon, Chandler, Churchman, Clements, J. A. Moore, Jonathan Moore, Phillips, Virden, C. Williamson-12. · · Nags-Messrs. Appleton, Cochran, Collins, Davis, Higgins, Rickards, Robinson, Waples, Mr. Speaker-9,
So the motion Prevailed. And the further consideration of the bill was postponed till to morrow.
Mr. Virden gave notice that he would, on to-morrow, or some fu- 117
ture day, ask leave to introduce a bill entitled ".An act authorizing the laying out a public road in Murderkill Hundred, Kent County." Mr. Clements from the committee to whom was referred the peti tion of Edward Willey, praying remuneration for certain services as _ Constable, Report.id the following Joint Resolution :
Which,
On motion of Mr. Clements,
Was read:
WaEREAS, for the purpose of indemnifying Edward Willey for expenses incurred by him, while a Constable in New Castle County, in endeavoring to procure a requisition upon the Governor of Mary land for George Bowers and Jacob Henry, charged with an offence against the laws of this State. Therefore.
Resolved, by the Senate and House of Representatives of the State of Delaware, in Genei·al .Assembly met, That Samuel B. Hitch, the State Treasurer, be and he is hereby authorized and directed to . pay to Edward Willey the sum of twenty dollars, the acceptance of which sum by· said Willey shall be in full for all claims on his part against the State." '
Mr. Clements moved
Its adoption.
Pending which motion,
Mr. Robinson moved,
That the further consideration be postponed till to-morrow:,
Whic~, On being put,
Wm~ Lost• .. 118
The question recurring on the motion to adopt, Which, • On being put, Prevailed. Ordered to the Senate for concurrence.
Mr. Appleton from th; committee on so much of the Governor's message as refers to this State's assuming its share of the direct tax laid by the General Gpvernment, asked leave for further time to report.
Mr. Higgins moved, That leave be granted.
Whereupon,
Mr. Churchman moved, To amend by striking out all after the word "that," and inserting in lieu thereof the words "the committee be directed•to report a Resolution declaring the assumption by this State of its share of the direct tax imposed by th" General Government."
Which,
On leave,
He withdrew.
The question being on the motio~ that leave be granted, On being put, Prevailed.
On motion. of Mr.. Boyce, The House adjourned . .. 110
•
FRIDAY, January 24, 1862, 10
_The House met pursuant to adjournment.
Prayer by the Chaplain.
Mr. Pratt, Clerk of the Senate, being admitted, informed the I{ouse that'the Senate bad pll.Bsed and requested the concurrence of the House in a bill entitled "An act to vacate a portion of a certain public road in Milford Hundred in Kent Oounty.'' Also, in a bill entitled "Au act to enable Isaac G. Phillips to lo cate certain vacant lands in Little Creek Hundred, Sussex County, and complete his title to the same.'' .
And he withdrew.
Pursuant to previous notice,· Mr. Robinson asked, and, On motion of Mr. Betts,
Obtained leave to introduce a bill entitled ''.A. supplement to the act entitled 'An act to authorize the l,.ying out a public road in Kent County,' passed at Dover January 241 1861.'' - 120
Which, On motion of Mr. Robinson,
Was read.
On motion of Mr. Rickards1
The bill entitled "An act appointing commissioners to lay out a. public road partly in New Castle and partly in Kent Counties/'
Was taken up for consideration.
The question being, " Shall this be section 2 of the bill ?'' Mr. Churchman moved, To amend by striking out the word "shall'' in the seventh line of said section 2, and inserting in lieu thereof the word "may.'' Which motion Prevailed. And the section was so amended. The bill as amended, then Passed the House. Ordered to the Senate for concurrence.
On motion of Mr. Ph_illips 1
The bill entitled "An act to amend chapter 551 of the Revised • Statutes of the State of Delaware,"
. Was read a second time by its title.
Pursuant to previous notice,
Mr. W ~pies ~sked, and,
On motion of Mr. Phillips, • 121
Obtained leave to introduce a bill entitled "An act to authorize the making a direct and reverse index to the mortgages recorded in _the office of the Recorder of Deeds in Sussex County, prior to March 1st, 1861." Which, On motion of Mr. Waples, Was read.
Pursuant to previous notice,
Mr. Higgins, asked, and,
On motion of Mr. Churchman,
Obtained leave to introduce a bill entitled ''An act to am-end the act entitled 'An act to establish Inferior Courts in the several Coun ties of this State."
Which, On his motion, Was read.
On motion of Mr. Waples, The bill entitled "An act to amend chapter 59, of the Revised Statutes of the State of Delaware," Was taken up, read a third time by paragraphs, and
Passed the House. Ordered to the Senate for concurrence.
On motion of Mr. Churchman, The bill entitled "An act to revive the act entitled. 'An act to amend the act entitled A further supplementltry act to the act en titled An act for the stopping St. Georges Creek, .:and for• embank- 11 122
ing and draining a quantity of marsh and cripple on both sides of said creek, being deemed about three thousand acres situate in Red Lion and St. Georges Hundreds and County of New Castle, and for, keeping the dykes and dams belonging to the same in good order and repair.' '' Was taken up for consideration.
The questioJI being, " Shall this bill now pass the House ?' The yeas and nays were ordered,
Which being taken, were as follows : Yeas-Messrs. · Appleton, Betts, Boyce, Broadaway, Calhoon, Chandler, Churchman, Clements, Cochran, Collins, Davis, Higgins, J. A. Moore,• Jonathan Moore, Phillips, Rickards, Robinson, Vir. den, Waples; C. Williamson, Mr. Speaker-21.
Nays-None.
So the bill having received the constitutional majority,
Passed the Ilouse.
01·dered to the Senate for concurrence.
On motion of Mr. Betts,
The bill entitled "An act for the relief of the officers of volunteer ,companies and persons from whom arms have been taken,"
Was taken up for consideration. On his further motion,
The bill was amended by striking out the word ''act11 in the .thirteenth line of section I, and inserting in lieu thereof the word ''section.'' Mr. Betts moved, 123
To further amend the said bill by adding thereto : SECTION .2. And be it further enacted, That it shall be lawful for any volunteer company supplied with arms under the laws of this State; on the requisition or request of the government oi the United States, or any duly authorized officer or agent thereof, to deliver the same to such officer or agent for the use of the government of the United States during .the continuance of the war in which it is now engaged; and such delivery shall exonerate and exempt any officer of said company so complying with such requisition or request, and his sureties from all liabilit,y on their bond for the safe custody, pre servation and retum of said arms to the State."
Pending which motion,
On motion of l\Ir. J. A. l\Ioore,
The further consideration of the bill was postpone~ till Tuesday next.
iilr. ·waplcs moved,
That when this House adjourns this afternoon, it adjourns to meet on Monday afternoon at 3 o'clock. Which, On being put, Prevailed. ,
Ou motion of l\Ir. Higgins,
The bill entitled "A.n act to authorize the Levy Court of New Castle County to purchase or acquire a lot of land in Appoquinimink Hundred near to 'l'aylor's Bridge,",
\Vas taken up and read a third time by paragraphs in order to pass the House.
Pending the question,
" Shall this be section 2 of the bill ?" 124
On motion of Mr. Churchman,, The further consideration of the bill w~ postponed till this after noon.
Pursuant to previous notice,
Mr. Virden asked, and,
On motion of Mr. Robinson, Obtained leave to introduce a bill entitled "An act authorizing the laying out a public road in Murderkill Hundred, Kent County.',- Which,
On motion of Mr. VirdenJ • V{as read.
Mr. Betts _gave notice that he would, on to-morrow, or some future day, ask leave to introduce a bill entitled "An act in relation to Chancery Jurisdiction in reference to relief from for-· feiture." ·
Also, a· bill entitled "An act relating to arrests in civil cases m the State of Delaware."
· Pursuant to previous notice, Mr. Betts asked, and, . On motion of Mr. Chandler, Obtained leave to introduce a bill entitled ".An act supplementary to the act entitled 'An act regulating the sale of intoxicating liquors,' passed at D-0ver March 3d, 1857." Which, On motion of Mr. Betts, Was read. 125
Mr. Cochran from the committee to whom was referred the peti tion of Levi W. Lattomus and others, praying an act chanfing the name of " Townsend " to " Lancaster," Reported a bill entitled "'An, act to change the name of the vil lage of Towsend."
Which,
On his motion,
Was read.
JI.Ir. Davis from the committee to whom was referred the petition of citizens of Smyrna Station, praying an act to change the name to. " Clayton," 41'teported a bill entitled "An a-Ot to change the nam"'e of th~ plaoc called Smyrna Station."
On motion of Mr. Higgins,
The bill entitled "An act to amend section 28th, of chapter 60, of the Revised Statutes of' the State of Delaware," Was read a second time by its title.
On motion of Mr. Churchman, The Senate bill entitled "An act to authorize the Clerk of the Or- "phan's Court, in and for New Castle County, to procure a new seal of • office," Was read a third time by paragraphs, and Passed the House.
Orderea that the Senate be informed thereof, and the bill re turned to that body.
On the further motion of Mr. Churchmant ll* 126
The Senate bill entitled "An act to authorize the Register in Ohanoiy in and for New Castle County, to procure a new seal of office," ' Was read a third time by paragraphs, and. Passed tke House.
Ordered that the Senate be informed thereof, and the. bill returned to that body.
On motion of Mr. Chandler,.
The House adjourned.
•
• SAME DAY, 3 o'clock, P. M.
The House met pursuant to adjournment.
It appearing that there was not a quorum of membel'i> present, 127
On motion of Mr. Betts,
The House adjourned until Monday afternoon at three o'clock •
...Lh
..
MONDAY, January 27, 1862, 3 o'cloclc, P. ]Jf.
House met pursuant to adjournment.
The Speaker being absent, • On motion of Mr. Betts,
Mr. Churchman was appointed temporary Chairman. Prayer by the Chaplain.
On calling the roll, it appeared that there was not a. quorum of members present. 128
Whereupon,
On motion of Mr. Appleton,
The House adjourned till to.morrow morning at 10 o'clock.
•
TUESDAY, Januar'll 28, 18621 10 o'clock, .A. 11-'I.
• The House met• pursuant to adjournment • Prayer by the Chaplaim
The Speaker being absent,
On motion of Mr. Betts,
Mr. Appleton was appointed Speaker pro tem. 129
Mr. Robinson presented the account of Isaac Tunne11i Jr., for ad vertising. Which, On his motion, W.as read, and referred to the Committee on Claims.
1\Ir. Rickards presented the account of George W. Mahan, for advertising. Which, On his motion, Was read, and referred to the Committee on Claims.
On motion of ),Ir. Boyce, The Senate bill entitlect ".An act to enable Isaac G. Phillips to lo cate certain vacant lands in Little Creek Hundred, Sussex County, and complete his title to the same," Was taken up and read.
Mr. Rickards presented the petition of Eliza A. S. Scott, praying an act divorcing her from the bonds of matrimony. Which, On his motion, Was read, and referred to the Committee on Di~orce.
On motion of Mr. Churchmill, The bill entitled "An act to authorize the Levy Court of New Castle County to purchase or. acquire a lot of land in Appoquinimink Hundred near to Taylor's Bridge," Was taken up for consideration. The question being, 130
" Shall this be section 2 of the bill?''
On motion of Mr. Churchman, Rulo 12th of the House was suspended to enable an amendment to the bill. On the further motion of Mr. Churchman,
Tho bill was amended by striking out in section 2, all said section botwoon the word "order" in the 28th line to the word "In'' in the 33d lino, and inserting in lieu thereof the following words : "Tho return of said freeholders shall not bo conclusive, but in case eithe1: party shall be dissatisfied with the damages, such party may, on the said return being made, apply to the Court for the ap pointment of five other suitable and impartial freeholders as afore said, not being residents in Appoquinimink Hundred, to review the determination of the preceding freeholders, and make return to the next term of the said Superior Court. "The return of imch last mentioned freeholders shall be conclusive, and upon the payment of the damages assessed by them, in case a review be asked, or in case of no review being demanded upon pay ment of the damages awarded by the return o( the freeholders first appointed, then said land shall become and be the property of the said Levy Court for the purposes before mentioned."
The bill as amended,
4 Passed the House. Ordered to the Senate for concurrence.
On motion of Mr. Robinson,
The Senate bill entitle& ".An act ""to vacate a portion of a certain public road in Milford Hundred, in Kent County,"
Was taken up and read.
Mr. Cochran presented the petition ofJohn Appleton and others, praying an act to lay out a certain public road in Appoquinimink Hundred. 431
Which, On his motion,
"\Y as read, and,
On motion of Mr. :Uetts, Was referred to the Committee on Roads and Highways.
On motion· of Mr. Clements, The bill entitled "An act to authorize Samuel F. Hewes to change the public road in Dover Hundred,"
Was read a third time by paragraphs, and Passed the House. Ordered to the Senate for concurrence.
On motion of l\Ir. Betts,
The bill entitled ':An act further to amend the act entitled 1An act allowing an additional Constable in St. Georges Hundred, New Castle County, passed at Dover January 21 1 1851,'" Was read a third time by paragraphs, and .. Passed the House . Ordered to the Senate for concurrence.
On motion of Mr. Higgins,
The bill entitled ''An act t~mend seotion 28th, of chapter 60, • -0f the Revised Statutes of the State of Delaware,"
Was read a third time by paragraphs, and
Passed the House.
Ordered to the Senate for concurrence. 13j
'On motion ?f Mr. Betts, · The bill entitled '''An act amending the act incorporating the town .c,f Middletown, passed at Dover February 12, 1861," . Was read -a third time by paragraphs in order to pass the House. · Pending the question, ,r Shall this be section 1 of the bill ?" On motion of Mr. Betts, The further consideration of the. bill was postponed till to-mor r~w . • On motion of Mr. Waples, . The bill entitled f'.A.n act to authorize the making a direct and reverse index to the mortgages recorded in the office. of the Recorder of Deeds in Sussex County prior to March 11 1861,'' Was read a second time by its title.
On motion of Mr. Rickards,
The bill entitled "An act to authorize Elijah Satterfield to change a certain public road in Milford Hundred, Kent County, Delaware," Was. read a third time by paragraphs, and Passed tlte House. , Ordered to the Senate for concurrence.
Mr. Chandler presented tlte petition of Aaron Klair and others, praying an alteration of the assessment laws. • Which,
On his motion, Was read, and referred to the committee on the petition of Joseph Cleaver and others concerning general .Assessment.
On motion of Mr. Robinson, The bill entitled ''A supplement to the act entitled 'An act to authorize the laying out a public road in Kent Oounty,' passed at Dover January 24, 1861," Was read a second time by its title ..
On motion of.Mr. Cochran, The bill entitled "An act to change the name of the village of Townsend," Was real a second time by its title.
Mr Cochran presented the remonstrance of Samuel Townsend against passing an act to change the name of the vjpage of Town send. Which,
On his motion, • Was read.
Pursuant to previous notice,
Mr. Betts asked, and, • On motion of Mr. Chandler, Obtained leave to introduce a bill entitled "An act relatfog to ar rests in civil cases in the State of Delaware." Which, • On motion of Mr. Betts, · Was tead. 12 134
On motion of :Mr. Betts,
The bill entitled ".An act supplementary to the act entitled 'An aet regulating the sale of intoxicating liquors,' passed at Dover March od, 1857,"
Was read a second time by its title.
On motion of Mr. Higgins,
The bill entitled "An act to amend the 'act entitled" An act to establish Inferior Courts in the several Counties in this State,"
• Was read a sec')nd time by its title.
Mr. Boyce from the Committee on Vacant Lands to whom was referred the petition of Theodore D. Price, praying an act au.thor izing the locating of certain vacant lands,
Reported t4;lt it was deemed inexpedient to grant the prayer of the petitioner.
Whereupon,
On motion of Mr. Robinson,
The report was accepted and the committee relieved from fur ther consideration of the matter.
Pursuant to previous notice,
Mr. Betts asked, and1 On motion of Mr. Chandler,
Obtained leave to introduce a bill entitled "An act iu relation to Chancery Jurisdiction in reference to relief fr<,m forfeiture."
Which,
On motion of )fr. Betts, 135
Was read.
Mr. Betts gave notice that he would, on to-morrow, or some fu ture day, ask leave to introduce a bill entitled "An act to authorize the 1'rothonotary of New Castle County to record a certain paper in his office."
Also, a bill entitled "A supplement to the act entitled 'An act •to create a Board of Fire Wardens in the city of Wilmington,' passed at Dover l\larch 5, 18GL"
On motion of Mr. Davis,
The bill entitled "An act to change the name of the plnce called Smyrna Station/' Was read a second time by its title. ... Mr. Collins prc~entcd the petition of J. R. Lofland and otl1ers, praying an act authorizing the laying out of a public road in Kent County,
Which,
On his motion,
Was read, and referred to the Committee on .Roads and Highways.
On motion of }Ir. Betts,
The House adjourned. 136
SA:ME D.A.Y, 3 o'clock, P. M..
The Hou-met pursuant to adjournment.
Mr. Chandler from the committee to whom was referred the· petition-of Thomas Lynam, praying an act authorizing him to lay out and vacate ce1tain roads in Christiana Hundred, Reported a liill entitled "An act to authorize Thomas Lynam to lay out a private road in Christi~na Hundred, New Castle County."
Which, On his motion,
1Vas read,
Mr. Betts gave notice ~hat he would, on to-morrow, or some future day, ask leave to introduce a bill entitled "An act authorizing the Levy Court of the respective Counties of this State to appoint vac cine physicians:"'
Mr. Clements gave notice that he would, on to-morrow, or some future day, ask leave to introduce a bill entitled "An act to amend section 42, chapter 99, of the Revised Statutes of the State of Dela. ware." 137
On motion of Mr. Robinson, The bill entitled "Ari act to amen Passe<'"1he I:loufe. Ordered to the Senate for concurrence. Mr. Hii~ins from the special committee to whom was referred the petition of Joseph Cleaver and others, and Aaron Klair and others, praying an alteration.in the general assessment laws, Reported a bill entitled ".An act to amend chapter 11 of the Re vised Code, relating to the valuation of property." Which, On his motion, Was read. On motion of Mr. Higgins, The Clerk was directed to have •one thousand copies of the bill printed for the use of the House and Senate. Mr. Betts from the Committee on Corporiitions, to whom was re ferred the Senate bill en titled "An act to establish the Brandywine and Centreville Cemetery of Christiana Hundred," Reported the bill with a recommendation that it may be concurred in and passed. · Whereupon, On motion of Mr. Betts, The bill was read a second time by its title. 12"' On motion of Mr. Virden, Tlie bill entitled "An a()t authorizinr the laying out a public road in Murderkill Hundred, Kent County," Was read a second time by its title.· On the further motion of Mr. Virden, The bill was amended by adding the following as section 6th : SECTION 6. And be it further enacted, That if any person or per• sons shall injure or destroy the gates authorized to be erected by this act during the period tor which they are hereby authorized to be erected, or either of them, or open them or either of them, and leave them or either of them open, he, she, or they, shall forfeit and ·pay for every such offence a sum not exceeding five dollars, which may be recovered as debts of like amount are recoverable by the laws of this State, by any person who shall sue for the same, and shall also pay to the person or persons injured all damages that may be sustained by reason of such neglect or wilfulness. Provided, it shall be· the duty of the owner or owners through whose lands the said road shall pass to keep the respeetive gate or gates upon or between their said lands in good repair and convenient to be opened and shut." 1\Ir Rickard8 from the Cotlljllittee on ltoads. and- Highways, to whom was referred the petition of Burton P. Truitt and others, Reported adversely to granting tho prayer of the petitioners. Mr. Virden presented the petition of John W. Hall and others.,, praying an amendmcnt·to an·act passed January 22, 1810. Which, On his motion, . ·wEs read, and referred to a committee of three, with leave to re. port by bill or othcrwi!,e. · Whereupon, I 139 Messrs. Virden, Cochran and Waples, were appointed said com mittee. l\fr. RickardP from the Committee on Roads and Highways, to whom was referred the petition of John Appleton and others, Reported a bill entitled "An aet to lay out a public road in Appo quinimink Hundred in New Castle County.'' - 'Which, On his motion, "\Vas read. Mr. Clements from the committee to whom was referred the peti tion of Joshua P. Hayes, to ·locate certain vacant lands, Reported a bill entitled ''An act to enable Joshua P. Hayes, to locate certain vacant lands in Little Creek and Dover .Hundreds in Kent County, and complete his title to the same." Whieh, On his motion, Was read. Mr. Broadaway gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled "An act calling a Convention to abolish life tenures in office and property qualifications for office, and to cause more of the. public officers to be elected by the people; and also to effect such other amendments to the Consti tution of this State, as may be necessary and proper.'' On motion of·Mr. Betts, Rule 12th of the House was suspended in order to read a bill a third tirue by special order. On his further motion, 140 The bi.ll entitled "An act to change the name of the villag!f of Townsend," Was read a third time by paragraphs in order to pass the House. The question being, " Shall this bill pa"lls tae House ?" The yeas and nays were ordered, Which being taken, were as follows: Yeas-"'.\Iessrs. Appleton, Broadaway, Calhoon, Chandler, Clements, Cochran, Collins, Davis, Virden, O. Williamson-IO. Nays-:Messrs. Bette, Boyce, Churchman, Higgins, J. A. Moore, Jonathan Moore, P~illips, Rickard;i, Robinson, Waples-10. So the bill was Lost. Mr. Boyce from the Committee on Vaeant Lands, made the fol lowing report, accompanied by a bill entitled "An act in relation tb certain Vacant Lands :" -- "'fhe Committee on Vacant L'.mds to whom was referred the re solution of the House, pa,sed on the 22d instant, directing a report 'upon the propriety of the State, charging a nominal rent for the occupancy of all vacant lands, with a view to prevent title being ob· tained to certain lands, by occupancy merely,' respectfully report, that they have had the snbjeet under consideration, and have come to the conclusion that a proper law ought to be passed, which shall apply to vacant lands snrroundcd by navigable water, for the reason that those lands or portions of them may be needed for purposes of defence against urmecl ag!!re,sion; they therefore have concluded to submit to the House, the accompanying bill, and ask to be dis charged from the fqrther consideration of the subject. The Com· mittee, howevPr. deem it due to themselves to say: that in their opinion no ll'ngth of m,:,ra occupancy will give a title to the ocou pant again~t th(, State in cases of salt marsh, beach or shore, al though the salt man,h may be an island in the Delaware; still to 141 avoi.il all possibility of question, the accompanying bill is reported. Respectfully submitted, by JAMES H. BOYCE, CHARLES WILLIAMSON, ABRAM CHANDLER. Which, On his motion, "\Vas read. On motion of Mr. Broadaway, • The report was adopted and the committee discharged from fur thel' consideration on the subject. On motion of' Mr. Boyce, The bill accompanying said report entitled aAn act in relation to certain vacant land," Was read. Mr. Pratt, Clerk of the Senate, being admitted, infor:ned tho House that the Senate had concurred in and passed sundry Hous~ bills, entitled as follows : "An act to incorporate 'Wilmington Council, No 1, United Ame rican Mechanics, of'Wilrnington, Delaware." "An act to amend an. act entitled 'An act authorizing the Recorder of Deeds of New Castle. County to make an indirect mortgage index.' " Also, "An act to annul the marriage contract bet.ween James "\V. and Ann Jane Birnie." Also, tliat the Senate had passed and requested the concurrence of the House in a bill entitled "An act to amend section 63, of chapter 111, of the Revised Code, in relation to the lien of execu tions as against subsequent execution. creditors." 142 And he withdrew. l\Ir. J. A. Moore gave notice tl1at he would, on to-morrow, or some future day, ask leave to introduce a bill entitled "An act to authorize the Prothonotary of Kent County to bring !ilP the entry of the Sheriff's returns to final executions.'' . On motion of l\Ir. Churchman, 'rhe Senate bill entitled "An act to amend section 63, of chapter 111, of the Revised Code in relation to the lien of executions as agaiµst subsequent execution creditors," Was taken UJ;! and read. :Mr. J. A. l\Ioore gave notice that he would, on to-morrow, or some future dav, ask leave to introduce a bill entitled "A.n act to amend chapter.6G, of the laws passed at Dover February 28, 1861." On motion of Mr. Churchman, The bill entitled "An act to amend the act entitled 'An act to ereate a Board of Fire vVardens in the city of Wilmington," Was read a third time by paragraphs in order to pass the Honse. On the question, "Shall this bill now pass the House?' The yeas and nays were ordered, Which being taken, were as follows : Yeas-}Ir. Collins-1. Nays-Messrs. Appleton, Betts, Boyce, Broadaway, Calhoon, Chandler, Churchman, Clements, Cochran, Davis, Higgins, J. A. Moore, Jonathan Moore, Phillips, Rickards, Robinson, Vir den, Waples, C. Williamson-19, So the bill was Lost. }fr, Cliandler moved, 148 'that the House do now adjourn. Which motion was Lost On motion of l\Ir. Robinson, The vote by which the bill entitled "An act to change the name ot the village of Townsend," was lost, Was reconsidered. The question being, II Shall this bill pass the House?" Pending which, On motion of Mr. Robinson, The further consideration of the same was postponed tiU to-mo:r.. ·row. On motion of Mr. J. A. Moore, The House adjourned. 144 WEDNESDAY, Jan1uvr9 29, 1862, 10 o'clock, ..4. •. M. The House met pursuant t0 aiijournment. The Speaker being absent, Mr. Appleton the Speaker pre. tem,. in the Chair. Prayer by the Chaplain. Mr. Robinson from tbe Committee on Enrollment, reported the bill entitled "A.n act to amend section 7, of chapter 59 of the Re vised Code of the State•of Delaware," as duly and correctly enrolled, and presented the same for the signature of the Speaker. • l'ifo Robinson presented the account of Isaac Tunnel, J'r,1 for subscription to the Messenger. Which, On his motion, Was read, and referred t.o the Cotnmittee on.Claims. • 145 Mr. Rickards from the committee to whom was referred the peti tion of George W. Groves and others, Report that they deem it inexpedient to report a bill granting the prayer of the petitioners, On motion o? Mr. Iletts, The report was .Adopted. Pursuant to previous notice, l\Ir. Clements asked, and, On motion of M:r. Chandler, Obtained leave to introduce a bill, entitled ''An act to amend section 42, of chapter 99, of the Revised Statutes of the State of Dela ware." Which, On motion of l\'Ir. Clements, Was read. On motion of l\Ir. Rickards, The bill entitled "A.n act to lay out a public road in Appoquini mink Hundred in New Castle County," Was read a second time by its title. On motion of M:r. Higgins, The bill entitled "An act to amend the act entitled 'An act to es tablish I.nferior Courts in the several Counties of this State," V\T as read a third time by paragraphs in order to pas,1 the House· Pending the question, '' Shall thilil bill pass the House ?" . 13 • 146 On motion of Mr. Rickards, • The further consideration of the bill was postponed till Friday morning next. On motion of Mr. Chandler, The bill entitled ''An act to authorize Thomas Lynam to lay out a private road in Christiana Hp.ndred, New Oastlc County,~' Was read a second time by its titlo. On motion of Mr. Clements, • The bill entitled "An act to enable Joshua. P. Hayes, to locate certain vacant lands in Little Creek and Dover Hundreds in Kent County, and complete his title to the same," Was read a second time by its title. Pursuant to previous notice, • Mr. Betts, asked, and, On motion• of Mr. Higgins, Obtained leave to introduce a. bill entitled "An act to authorize the Prothonotary of New Castle County to record a certaln paper in his office." Which, On motion of Mr. Detts, Was read. Mr. Betts also, in pursuance of previous notice, asked, and, On _motion of Mr. Chandler, Obtained leave to introduce a bill entitled "A supplement to the 147 net entitled "An act to create a Board of Fire Waroens in the city of Wilmington,' passed at l;lover March 5, 1861." Which, -On motion of Mr. Betts, ,vas read. On motion of }Ir. Boyce, The Senate bill entitled "An act to enable Is;ac G. Phillips to 1o~ ,cate certain vacant lands in Little Creek Hundred, Sussex County, and complete his title to tbe same,'' Was read a second time by its title. On motion of lHr. Rickards, The bill entitled "An act declaring inoperative so much of 11n net entitled 'An act in relation to public roads and highways in St. Georges and Appoquinimink Hundreds in New Castle C1;mnty,' passed at Dover February 21, 1859, as relates to Appoquinimink Hundred," Was read a third time by pnragrapbs, and • Passed the House. Ordered to the Senate for concurrence. Gn motion of Mr. Betts, The bill entitled "An act relating to arrests in civil nases in the State of Delaware," 1V as read a second time by its title. . ~ On the further motion of Mr. Betts, The bill entitled "An act in relation to Chancery Jurisdiction in reference to relief from forfeiture," 148 Was read a s9cond time by its title._ On motion of l\Ir. Waples, The bill entitled "An act to authorize t,he making a direct and reverse index to the mortgages recorded in the office of the Recorder of Deeds in Sussex County, prior to March 1st, 1861," "\Vas read a third time by paragraphs, and Passed the How,e. Ordered to the Senate for cqncurrcnce .. Mr. Chandler from -the Committee on Divorce, to whom was re ferred the petition of F.Aiza A. S. Scott, - Reported a bill entitled "An act to annul the marriage contract between David a1;d Eliza A .. S. Scott." Which, On his motion,. ·was read• .. On motion of Mr. Betts, The Senate bill entitled 11An act to amend section 63, of chapter 111, of the Revised Code in relation to the lien of executions aa against subsequent execution creditors,'' Was read a second time by its title. On motion of l\Ir. Virden, The bill entitled "An act authorizing the laying out a puolfo road in l\lurderkill Hundred, Kent County," Was read a third time by paragraphs, and Passed tlte Ho.use • • ,,j!i,· 149 Ordered to the Senate for concurrence. On motion of Mr. Robinson, The Senate bill entitled "An act to vacate a portion of a certain · public road in Milford Hundred, in Kent County," Was read a second time by .its title. On motion of Mr. Betts, The Senate bill entitled "An act to establish the Brandywine and Centreville· Cemetery of Christiana, Hundred," ,vas read a th}rd time by paragraphs in·order to pass the Honse. The question being, ·" Shall this bill now pass the House?" The yeas and nays were ordered, Which being taken, were as follows: Yeas-Messrs. Appleton, Betts, Boyce, Broadaway, Calhoon, Chandler, Churchman, Clements, Cochran, Collins, Da~is, Higgins, Jonathan Moore, Phillips, Rickards, Robinson, Virde11>; Waples; e. Williamson-19. Nays-None. s~ the bill having received the constitutional majority, Passed t/1,e Ho11,se. Ordered that the Senate be informed thereof, and the bill re turned to that body. On motion of Mr. Churchman, • The s-.te bill entitled "An act authorizing Deputy Sheriffs to administer oaths," 13"' 150 Wa~ read a scc0nd time by ,its title. l\lr. Pratt., Clerk of the Senate, being admitted, informed th Ernrn 1hat tlw fenate had concurred in.and passed the House bill cntith·d ·• , n act declaring the cesser of the grants, liberties and pri vilcµ<'s eontnincd and specified in the act of the General .Assembly of t.hc Siat<, of Iklaware, entitled 'An act for the encouragement 0£ infr1 n.,l ii,iJ>r< ,ven,ents in the State of Delaware,' passed at Dover, Janwry :::G, 1SbH, and to resume and revest the same in the said, State." Aud he withdrew. On motion of lHr. 13oycc, Tlw b;]] entitled "An act in relation to certain vacant land,". ·was rca.:! ::i, sccon cl time by its title. • On motion of :.\Ir. Betts, The bill entitled "An act amending the act incorporating the to.yn of 1'1i Was taken up for consideration. The qftcstion being, " Shall this be section 1 of the bill?' 1 On the further motion of l\Ir. Betts, Rnle I fith was suspended to enable the amendment of the bill on tbe third reading. On motion of Mr. Betts, 'J he bi!J was amended by striking out section 1, and inserting in lirn thereot ti,c following: • ~r.CTJON L Be it enacted by the'Senate and House (olllilleprescn- tatin,s of the State of Delaware, in General Assembly met, (two I5t thirds of each branch of the Legislature concurring,) That the fourth section of the act eatitled ''An act to incorporate the town of Mid dl'etown," passed at Dover February 12, 1861, be and the same is hereby amended, to wit, by striking out the words, " Levy Court of New Castle County but the said Levy Court," in line 6, of said sec tion, and inserting in lieu thereof the words, "Road Commissioners of St. Georges Hundred but the said Road Commissioners." Also, by striking out the word ''fifty" in line 8, of the same section and inserting in lieu thereof the words ·' one hundred," and by striking out the words "Levy Court," in line 11, of the same section, and inserting in lieu thereof the words, "Road Commissioners of St.. Georges Hundred." The question being, ''Shall this bill now pass the Hom;e ?' The yeas and nays were ordered, "Which being taken, were as f~lfows : leas-Messm. Appleton, Betts, Boyce, I3roadaway, Calhoon, Chandler, Churchman, Clements, C,)chran, Davis, Higgins, Jonathan l\foore, Phillips, Rickards Robinson, Virden, Waples, C. ""William· son-18. 1, 1.Ya;ys-None: So the bill having received the constitutional majority, Passed the Rouse. Ordered to the Senate for concurrence. :Mr. Robinson gave notice that he would, at some early day, ask leave to introduce a Resolution for the appointment of a Joint Com mittee to inquire into and report whether the passage of the act en· titled "An act for the encouragement of Internal Improvements in the State of Delaware," was promoted by the use of improper means and whether any person or persons, before or after the passage of said act J:tWlre entered into any engagement, either expressed or im· plied, to resist the passage of any legislation hostile to said act or .. 15J the interest created by it, and the nature of such engagement, and the ncimes of such person or persons; and whether any person or persons either before or after the passage of said act have accepted any present or gift either of money or an obligation to pay money, with the understanding, express or implied, that the same should be regarded as in the nature of eop1pensation or retainer for the per formance of service for the grantee under said Statute, or any one having or to have an interest therein, in favor or resistance of such legislation; and further, that if the said committee should find that any of such engagements were made, that they then further inquire· and report whether any payments have been made on account of said engagement since the suid act was passed, and by, and to who1;1, and when; and that said committee have power to scud for persons and papers. On motion of Mr. Higgins, The House adjourned. 153 SAME DAY, 3 o'clock, P. M. The House met pursuant to a?journment. On motion of Mr. Robinson, The bill entitle "\Vas read a third time by paragraphs, and, Passed the House. Ordered to the Senate for concurrence. Pursuant to previous notice, Mr. J. A. Moore asked, and, On motion of Mr. Churchman, Obtained leave to introduce a bill entitled ".An act to authorize the Prothonotary of Ke.nt County to bring up the entry of the Sheriff's returns to final executions.'' 154 On motion of l\Ir. J. A. Moore 1 "\Vas read. Mr. Betts presented the petition of Alexander Montgomery, pray ing an act to divorce his son, John C. Montgomery, from the bonds of matrimony. · Which, On his motion, "\Vas read. l\Ir. Churchman moved, To refer the same to a special committee of three, with leave to report by bill or otherwise. "\Vhereupon, l\Ir .•T. A. Moore moved, To amend by striking out '' special committee of three," and m scrting " Committee on Divorce." Which motion Prevailed. And the petition was so referred1 to the Committee on Divorce. Pursuant to previous notice, 1'!r. J. A. Moore asked, ,and, On motion of M:r. Churchman, Obtained leave to introduce a bill entitled "An act to amend chapter 661 of the laws, passed at Dover February 281 1861." Which, 155 On his motion, ·was read. Mr. Betts moved, That Rule 7th be suspended to enable the lnember from AppO• quinimink, to introduce a bill entitled "A supplement to the act · entitled 'An act for the measurement and inspection of lime." l\Ir. Churchman moved To amend by rescinding the rule during the session. Which, On being put, Was Lost. The question recurring on ihc original motion to suspend, Prevaikd. By special order, :Mr. Cochran asked, and, On motion of Mr. Churchman, Obtained leave to introduce a bill entitled ''A supplement to the act entitled 'An act for the measurement and inspection of lime," Which, On motion of Mr. Cochran, ,vas read. Mr. Pratt, Clerk of the Senate, being ad~itted, infor::ned tho House that the Senate had concurred in and passed sundry House bills, entitled as follows : 156 "An act to divorce Mary Elizabeth. Townsend, formerly Mary Elizabeth Wheatly, from the bonds of matrimony." Also, "An act to revive the act entitled An act to amend the act entitled A further supplementary act to the act en titled 'An act for the stopping St. Georges creek; and for embank- . ing and draining a quantity of marsh and cripple on both sides of said creek, being deemed about three thousand acres, situate -in Red Lion and St. Georges Hundreds and County of New Castle, and for keeping the dykes and dams belonging to the same in good order and repair." Also, that the Senate had non-concurred in the bill entitled "An act to authorize the appointment of an additional Justice of the Peace in New Castle County to reside at Christiana.'' Also, that the Joint Resolution for the relief of Edward, Willey, had been indefinitely postponed._ · Also, that the Senate had passed and requested the concurrence of the House in a bill entitled "An act to revive an act entitled 'An act to enable Waitman Jones to locate certain vacant land in North West Fork Hundred in Sussex County, and complete his title to the same.'' And he withdrew. Mr. Rickard,; from the Committee on Roads and Highways, to whom was referred the petition of James R. Lofland and others, Reported a bill entitled "An act to open a public road in Milford Hundred, in Kent County." Which, On his motion, Was read. On motion of Mr. E,obinson, The bill entitled "An.act to change the name of the village of Townsend," 157 Was taken up for consideration. The question being, "'Shall this bill pass the House ?" The yeas and nays were ordered, Which being taken, were as follows: Yeos-1\:fessrs. Appleton, Broadaway, Calhoon, Cochran, Davis, Robinson, Virden-7. Nays-1\fossrs. Betts, Boyce, Chandler, Churchman, Clements Collins, I-fig-gins, J. A. l\Ioore, Jonathan Maore, Phillips, Rickards; Waples, C. Williamson-13. So the bill was Lost. On motion of :Mr. Davis, The bill entitled "An act to change the name of the place called Smyrna Station," Was read a third time by paragraphs in order to pass the House. The question pending, " Shall this bill pass the House ?" On motion of Mr. J. A. Moore, The further consideration was postponed till Friday morning next. Mr Pratt, Clerk of the Senate, being admitted, informed the House that the Senate had adopted and requested the concurrence of the House in a "Joint Resolution to adjourn both branches of the Legislature." And he withdrew. Whereupon, 14 158 On motion of_:Mr. Broadaway, The "Joint Resolution to adjourn both branches of the Legisfa ture," Was taken up and read: Resofoed, by the Seu ate aud House of Representatives of the. State of Delnware, in General Assembly met, That tlrn two Houses of t11is Geueral AHcmbly do adjourn on :Friday next the 31st day of Janu ary, 18621 sine d'ie." On motion of Mr. Betts, The further consideration of the same was postponed tm to-mor row afternoon. M:r. Rickards gave notice that he would, on to-morrow, or some future day, ask leave to introduce a bill entitled ".An act to repeal an act entitled 'An act to amend chapter 89, section 25, of the Re vised Statutes of the State of Delaware,' passed at Dover February 7th, 1861.'' On motion of Mr. .Appleton, Rule 7th of the House wa'l suspended to enable the introduction of a bill without previous notice. Whereupon, Mr. .Appleton asked, and, On motion of Mr. Betts, Obtained leave to introduce a bill entitled ".An act proposing an amendment to the Constitution of the State of Delaware." Which, On motion of Mr. Appleton, Was read. 150 Mr. Robinson gave notice that he woula, on to-morrow, or some future day, ask leave to introduce a bill entitled "An act to suppress a great and growing evil." Pursuant to previous notice, l\1r. Betts ·asked, and, On motion of i\Ir. Chandler, Obtained leave to introduce a bill entitled "An act authorizing the Levy Court of the respective Counties of this State to appoint vac cine physicians." Which, On motion of ?!Tr. Betts, "\Vas read. Mr. Betts presented the petition of Philemma Chaniller and ,others, praying the passage of an act to enconrnge and support a militia or volunteer force. Which, On his motion, Was read, and referred to a special committee of three, with le:1ve to report by bill or otherwise. "Whereupon, Messr~. Appleton, Clements and Phillips, were app'.lintc On motion of Mr. Waples, The Senate bill entitled "An act to revive an act entitled '.An act to enable W aitrnan Jones to locate certain vacant land in North West Fork Hundred in Sussex: County, and complete his title to the ~.nme," 160 W a!! taken up and read. On motion of Mr. Churchman, Rule 12th of the House was suspended to read a bill by special order. Whereupon, On the further motion of Mr. Churchman, The Senate bill entitled ''An act auilwrizing Deputy Sheriffs to administer oaths," Was read a third time by paragraphs in order to pass the House. Pending the question, "Shall this bill pass the House?" On motion of Mr. Waples, The further consideration of the same was postpon-ed till to-mor row. On motion of Mr. Chandler, The House adjourned. • 161 THURSDAY, January 30, 1862, 10 o'clock, .A.. M. The House met pursuant to adjournment. Prayer by the Chaplain. '.t'he Speaker in the Chair. Pursuant to previoml notice, l\Ir. Broadaway asked, and, On motion of ~Ir. Clements, Obtained leave to introduce a bill entitled "An act calling a. Convention to abolish life tenures in office and property qualifications for office, and to cause more of the public officers to be elected by the pwpl~; and also to effect such other amendments to the Consti tution of this State, as may be necessary and proper." Which, _On motion of Mr. Broadaway, 14* 162 Was read. Mr Phillips from the Committee on Enrollments reported tlie· followiug. bills a~ correctly enrolled, and presented the same to the Speaker for hi.; signature, entitled : "An act to divorcEl Mary Elizabeth Townsend, formerly Mary Elizabeth Wheatly, from the bonds of matrimony." Also, "An !\Ct to annul the marriage contract petween James W. and Ann JaJe Birnie." Also, "An act to revive the act entitled 'An act to amend the act entitled A further supplementary act to the act entitled An act for the stopping St. GeorgeR Creek, and for embank ing aud draining a qul\ntity of marsh and cripple on both sides of said creek, beinp: deemed about three thousand acres situate in Red Lion and tit. Georges Hundreds and County of New Castle, and for. keeping the dykes and dams belonging to the same in good order and repair.''' Also, "An act authorizing the .Recorder of Deeds of New Castle County to make an indirect mortgage index.' " On motion of Mr. Chandler; The· bill entitled "~'in act to authorize Thomas Lynam to. lay out a private rMd in Christiana Hundred, New Castle County," Was read a third time by paragraphs, and Passed the House. Ordered to the Senate for concurrence •. On motk,ri. of :Mr. Robinson, • Tl1c Senate bi.II en.titled "An act to vacate a portion of a certain public road in Milford Hundred in Kent County," ·was read a third time by paragraphs, and Passed the House. 163 Ordered that the Senate be informed thereof, and the bill returned to that body. · The Speaker laid the f'o11owing communication from the State Treasurer, upon the Clerk'.s table, which was read : To the Honornble tl1e S3nf!te ond Rouse ~/ Repr{sentatives of the State of Delaware, i,i General Assembly met: · By a Joint' Resolution of the General .Assembly, passe.rl on the 16th ins,., I was anthoriz@d to ascertain for their iu,ormation, whether the Banks of this State can loirn the State the sum of $65,-385 23 for a period of six months: I have the honor to re port, that in accordance with said resolution, [ bave com•m11Jicated with the President, D:rectors & Co , of all tlie B,rn ks of the State, and have up to this cln; e received rcpFcs from ei~ht of E ·:id Banks, which replies I beg leave vet·y rcspr-:: ,·ally to submit herewith for the information of the General Asseuibly. I have the honor to be very respectfully, Your obedient servant, SAMUEL B. HITCH, State Treasurer. DoVER, Delaware, January 30, 1862. • BANK OF WILMINGTON AND BRANDYWINE,} Wilmington, Delaware, Jauuary 27th, 1862. . SAMUEL B. HITCH, Esq., State Treasurer, Dover, Del. Dear Sir :-Your communication of 24th inst., is received. In reply, I would sta.te that this bank has agreed to loan the State the • 164 sum of Ten Thousand Dollars, for a period or six months, if' applied for during the p,·esent session of the Legislature. Very Re~peettully, Your obedient servant, GEORGE BUSH, President. BANK OF SMYRNA, } January 27, 1862. SAMUEL D. H1TCB, Esq., State Treasurer : Dear Sir:-Your letter of the 24th inst, with a copy of a Joint Hesolution of the the Gene•·:·'. AE embly, re 1uiiing you "to ascertain whether the Banks of th;<; State can Jc.. n to the State the sum of $65/l85 23, for a peiic::I of six montl1s," hr.<; bc~n received; and will be submitted to our board of Directors on Thursday next. I may now suy th,1t this IlJuk will probably be able and willing at all times to lonn to the Stale rnch a pro port ion of the i;um which the Gener l A~cerubly may require the Stul1 to boHow, as her pJid up capito' will .bear to the whole amount of p,1;d up. capital of the Banks within the State. I am not, however, author:zed to state a5 you r.e quest any specific· sum we can now take of the $65,385 23, and presume tlrnt a definite reply may be postponed until af,er the Gene1-al Assembly shall have adopted so~e decisive· mea5ure on the subject. · Yours very respectfully, W. M. BELL, Cashier. 165 J\JECHAKICS BANK, } Wilmington, Del., ,Tanual'y 27, 1862 .. Dear Sir :-I hnvc the honor to acknowledge the receipt of your eournmuieation bearing date the 24th iust. Also, the aecornp:rnying joint resolution of the G cneral As::crn!Jly, whieh were this day pre ~ented to the Board of Directors. .And most re~pcetfnlly rcf~r you to the enclosed resolution passed by the Boanl, us the most satisfae tol'y reply to your enquiry, &c. Yours most respectfully, SAMUEL BIDDLE, Cashier. Samuel B. Hitch, Esq., State Trensurer, Dover. , • MECHANICS BANK, } "Wilmington, Del., ,Lrnuary 27, 1862. At a reg1,1Iar meeting of the Board of Directors of the Mechanics Bank, held this day at the Banking House, a communication from the State Treasurer, -with the accompanying Joint Resolution of the General Asscn1bly, passad at Dover January Hith, 1862, were pre sented and read; and it was unanimously, Resolved, That the Cashier be directed to inform the State Treasurer, that this Bank will loan the State the sum of 'l'en Thousand Dollars for six months, as requested; but are not willing to continue the offer for an indefinite period of time. (Signed,) WILLIAM TA'l'NALL, Secretary. A true copy from the minutes. Attest, SA~IUEL BIDDLE, Cashier• • 166 BAJ\K OF DELAWARE, · } Wilmington; January 28, 1862. SAMUEL B. HITCH, I~s;;i., . Stntc Treasurer: Sir :-Your letter of the 24,th inst., with copy of the resolution passed by tho General Assembly, came duly to hand, and was laid before our Board of Directors this morning. I am instructed to re ply that this Bank will loan the State Ten Thousand Dollars, for the period named in the resolution. Very Respectfully, S. FLOYD, Cashier. ' • . FARMERS BANK, l At Dover, January 28, 18G2. j \YHEUEAS, the State of Delaware, through its agent the StBte Treasurer, has applied to the Board to ascertain what.portion of the sum of sixty-five thousand three hundred and eighty-five dollars and twenty-three cents, can be be loaned by the Hoard to tho said State, under the resolution of tho Gencr:il Assembly, passed on tlrn 16th instant: And whereaq, the duty of aidin~ the State under the . circumstances is deemed obligatory, and its lilerformance is acceptable to the Board. 'Therefore, Resolved, That this Board will accommodate the State with such amount of loan, and for such time as the General Assembly may. deem it equitable to require at our'liands . .. 167 Resolved, '.!.'hat a copy of the foregoing be commnnicated by the Cashier to the State Treasurer. (Signed,) II. RIDGELY, President;. Attest, J. P. WILD, Cashier. UNION BANK OF DELAWARE, } Wilmington, January 28, 1862. SA11iUEL B. HITCH, Esq., State Treasurer, Dover, Delaware : Your communication und~r date of the 24th inst., has been laid before the Board of Dir.ectors, and I am instructed by the President to say to you that the Union Bank of Delaware will cheerfully loan to the State for the time indicated her proportion of the said sum of sixty-five thousand three hundred and eighty-five dollars and twenty three cents, taking the aggregate banking capital of the State as de termining the ratio. Our capital already paid in is two hundred and three thousand dollars. Very Respectfully, • J. T. WARNER, Cashier. ' l6S DELAWARE CITY BANK, . } January 28, 1B62. SAMUisL n. HITCH, Es<1-, State Treasurer : Dear Sir:-Your letter of the 24th inst., has been laid before the Board of Directors of this Bank, and, in reply to your inquiry, I am uireeted to :;uy that we will d1eerfully uni,;e with the other ]3anks of the State in furnishing the amount, specified and for the time mentioned in the resolution of the General Assembly, each Jfank contributing to the loan in proportion to the amount of it1:1 Capital Stock. V cry Respectfully, Yours, &c. WM. W. FERRIS, Cashier. NEWARK, January 28th, 1862. MR. SAMUEL B. HITCH : . . Dear Sir :-Yours of the 24th inst., was laid before the Di rectors of the Bank of Newark to-day. It was unanimously Resolved, That we would take such portion of the loan asked for, in proportion with the other Banks, as our capital is to theirs. Yours truly, C. W. BLANDY, President, 169 On motion of Mr. Appleton, The communication with th~ accompanying letters were referred to the committee "on so much of the Uurnrnor's .Message as relate, to the subject of this State's assuring its share of the direct tax laid by the General Government." On motion of Mr. Robinson, The Senate "Joint Resolution authorizing John Green to draw on the State Treasurer for certain expenses therein named,'' Was taken up for consideration. The question being on the motion to concur, On motion of Mr. Betts, The Resolution was amended by adding thereto the words "and that he is hereby directed to vresent to this or the next Legislature his accounts and vouchers for the money so drawn." The motion to concur as amended, then Prevailed. Ordered that the Senate be informed thereof, and the Resolution with the amendment returned to that body. On motion of Mr. Betts, The bill entitled "An act for the relief of the officers of volunteer companies and persons from whom arms have been taken," Was taken up for consideration. The question being, ''Shall the bill ~e amended by adding section 2 ?'' Which, On being put, WllB 15 • 1.70 Mr. Bette moved, That the ful'ther consideration of the bill be indefinitely post· poned. Which motion was Lost. Mr. Clements moved, That the bill be read a third time by paragraphs in order to pass the House. Pending which, On motion of Mr. Rickards, The further consideration was postponed. till to-morrow morning • On motion o:( Mr. Clements, · The bill entitled "An act to amend section 42, of chapter 99, of the. Revised Statutes of the State of Delaware;" Was read a second tillle by its title, On motion of Mr. Clements, The bill entitled "An act to enable Joshua P. Hayes, · to locate certain vacant lands in Little Creek and Dover Hundreds in Kent County, and complete his title to the same," Was read a third time by paragraphs, and Passed tke House. Ordered to the Senate for concurrence. On motion.of Mr. Betts, The bill entitled ,~ An act authorizing the Levy Court of the re epective Counties of this State to appoint vaccine physicians," • 171 Was read a second time by its title. On motion of Mr. Appleton, The bill ·entitled "An act proposing an ;imendment to the Consti tution of' the State of Delaware,'' Was read a second time by its title. On motion of Mr. J. A. Moore1 The bill entitled "An act to amend chapter 661 of the laws, passed at Dover February 28, 1861," Was read a second time by its title. On motion gf Mr. Betts, The bill entitled "A supplement to the act entitled "An act to create a Board of Fire Wardens in the city of Wilmington,' passed at Dover March 5, 1861," Was read a second time by its title. On motion of J\:Ir. Betts, The bill entitled "An act to authorize the Prothonotary of New Castle County to record a certain paper in his office,'' Was read a second time by its title. On motion of Mr. Rickards, The bill entitled "An act to open a public road in Milford Hun dred, in Kent County," Was read a second time by its title. On motion of Mr. Boyce, • 172 The Senate bill entitled .11 .An aot. to enable Isaac' G. Phillips to lo: cate certain vacant lands in Little Creek Huadred,. Sussex County1 and complete his title to the same," Was read. a third time by paragraphs1 and Passed the H01'8e. Ordered that ·tTie Senate be informed· thereof, and the bill re,-. turned to that body. On motion of Mr. Rickards, . The.House adjourned~ .... , SAME DAY1 8 o'clock, P. H.. fhe H'.ouse 1:11et pursuant to ad:Journment. Mr. Churchman from the Committee on Enroliments, reportel 1undry bills duly and correctly enrolled, and presented the same to the Speaker for his signature, entitled as follows :· • 173 HAn act declaring tJie cesser of the grants, liberties and privileges contained and specified in the act of the General Assembly of the State of Delaware, entitled 'An act for the encouragement of internal improvements in the State of Delaware,'" passed at Dover January 26, 1859, and to resume and revest the same in the said State. Also, "An act to incorporate "Wilmington Council, No 11 United American Mechanics, of Wilmington, Delaware." On motion of Mr. Ch;ndl.er, The bill entitled "An act to annul the marriage con.tract betw.ien David and Eliza A. S. Scott," Was read a second time by its (itle. Pursuant to previous notice, Mr. Robinson asked, and, On motion of Mr. Clements,' Obtained leave to introduce a bill entitled "AI). act to suppress a great and growing evil." Which, On motion of Mr. Robinson, Was read. Mr. Virden from the committee to whom was ·referred the petition of John W. Hall and others, ·· Reported a bill entitled "An act to prevent obstructions to the navigation of Murderkill Creek and Spring Creek, and its brancheij in Kent County." Which, On his motion, 15* • 174 Was read. On motion of Mr. Waples, The Renate bill entitled "An act to revive an act entitled 1.A.n al"'t to enable Waitman Jones to locate certain vacant land in North West, Fork Hundred in Sussex: County, and complete his title to the same,'' Was read a second time by its title. On motion of Mr.. Appleton,. The bill entitled ''An act to lay out a public road in Appoquini mink Hundred in New Castle County," Was taken up for consideration. On motion of Mr. Appleton, The bill was amended by striking out in the 18th line, section 1~ t'he w. ·rd "a(·ross" and insert in insert in lieu thereof the word "to." Also, by striking out all after the word "Landing" in the said 13th line to the word "and" in the 16th line. On hi~ further motion, The bill was read a third time by paragraphs, and Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Cochran, The bill entitled ''A supplement to the act entitled 'An act for the 111easurement and inspection of lime," Waf' read a seca,nd tii.ue by its title. Ou u1otion of Mr. Churchman, • 175 . The Senate bill entitled "An act authorizing Deputy Sheri11"s to administer oaths," 1Vas taken up for consideration. The question being, " Shall this bill now pass the House ?" And the vote being taken thereon, The bill Passed the HouSI!, • Ordered that the Senate be informed thereof and the bill re- turned to that body. On motion of Mr. Clements, The Senate "Joint Resolution to adjourn both branches of the Legislature," was taken up for consideration, and,. On motion of Mr. Rickards, The further consideration of the same was postponed till next Tuesday. Mr. Betts from the committee on the communication ofthe State Treasurer to whom was referred the memorial of Wood, Eddy & Co., made the following report : The Committee on Lotteries to whom was referred the memorial of Wood, Eddy & Co., asking the General Assembly to refund them a pro-rata share of their last annual payment on account of the stop page of their b,,.siness by the Court of Chancery of this State, or to afford them other relief in the premises, beg leave to report that they have considered the subject and find the assertions therein con tained, so far as they can learn, to be substantially true and correct. While your committee must admit that they believe the spirit of the grant to A. E. Stimpson has been grossly violated by the action (whether legal or otherwise) of the Court,, and while they must 'also admit that the liberality of the assignees of this grant (who paid at the request of interested persons in advance of what they were obli- • • 176 gated to do by the terms of the grant) has b~en shamefully abmed instead of being gratefully returned ; yet they feel that no charge of bad faith can be laid to the State itself on account of the pressing requests of persons acting without any authority. Were the Lottery system to be continued in this State it might be a question for your committee to consider the propriety of grant. some further privilege or grant to said Il\,emorialists, in consideration of the .circumstances under which their own liberality (now seen to l>e an err.or) worked an injury to themselves, but believing the sys tem is now ended in this State, and feeling that this money was of no advantage to the State Treasury in any way, it merely passinf through it on its way to the beneficiaries, they arc unable to see any way in which the General .Assembly could make them any suitab1c allowance.. . Had your memorialists followed closely the provisions of their grant, and then by any action of the State authorities, had been de ~atcd in the enjoyment of their rights and privileges, the G DoVER1 January 3.0, 1862'. On motion of Mr. Appleton, The report was accepted and the committee discharged· from tho further cm;isideration of ~he subject •. Pursuan.t to pre1tfoas notice,, • 177 • Mr. Rickards asked, and, On motion of Mr. Chandler, Obtained leave to introduc1,1 a bill entitled "An act to repeal an act entitled 'An act to amend chapter 89, section 25, of the Re~ vised Statutes of the State of Delaware,' passed at Dover, February 7th, 1861.'1 • Which, On motion of Mr. Rickards, Was read~ On motion of Mr. Betts; .. The bill entitled ''An act in relation to Chancery Jurisdiction in reference to relief from forfeiture," Was read a third time by paragraph~, and Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Churchman, The bill entitled "An act in relation to certain vacant land,'" Was taken up for consideration. On his further motion, The bill was amended by inserting in line 5, of section 2, after the word "State" and before the word "to" the words ''to any citizen of this State or."• _On the further motion of Mr. Churchman, The bill was read a third time by paragraphs, and Passed the Housf!'. • • 178 Ordered to the Senate for concurrence. Mr. Chandler from the Committee on Divorce, to whom was re ferred the petition of .Alexander Montgomery, Reported a bill entitled "An act to annul the marriage contract between John C. and Emma Montgomery." Which, On his motion, Was read. On motion of Mr. Appleton, Rule 12th of the House was suspended to enable the reading of a bill by special order. "\Vhereupon, On motion of Mr. Cochran, The bill entitled "A supplement to the act entitled 'An actJ'or the measurement and ins:i:iection of lime," Was read a third time by paragraphs, and Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Betts, The bill entitled "An act relating to arrests in civil cases in the State of Delawai:e," Was road a third time by paragraphs, and Passed" the House. Ordered to the Senate for concurrence .. • • 179 • . Mr. J. A. Moore presented the petition of R. H. Cummins and , others, praying an act taxing dogs. Which, On his motion, Was read, and referred to·a special committee of three, with leave to report by bill or otherwise .. Whereupon, Messr;i. J. A. Moore, Churchman and Waples, were appointed said committee. On motion of Mr. Clements, • Rule I.2th of the House was suspended to read a bill a third time by special order. Whereupon, On motion of Mr. Clements, The bill entitled ''An act to amend section 42, chapter 99, of the Revised Statutes of the Stat1:! of Delaware," Wa~ read a third time by paragraphs in order to pas~ the House. Pending the question, " Shall this be section 1-of the bill ?" On motion of Mr. Clements, The further consideration of the bill was postponed till to-mor row. On motion of Mr. Betts, Rule 12th of the House waa suapended to read a bill a third time by special order. • • 180 Whereupon, On motion ofMr. Betts, The bill entitled "A supplement to the act entitled 'An act to cre ate a Board of Fire Wardens in the city of "Wilmington,' passed. at at Dover March 5, 1861,'' Was read a third time by paragraphs in order to pass the House. Th(question being, " Shall this bill pass the House ?" The yeas and nays were ordered, Which being taken, were as follows: Yeas-Messrs. Appleton, Betts, Boyce, Broadaway, · Calhoon, CI:iandler, Churchman, Clements, Cochran; Collins, Davis, Higgins, J. A. Moore, Jonathan Moore, Phillips, Rickards, Robinson, Vir den, Waples; C. Williamson, Mr. Speaker-21. Nays-None. So the bill having received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Betts, Rule 12th of the House was suspended to read a bill a third time by special order. . . Whereupon, On the further motion of Mr. Betts, The bill entitled '!An act to authorize the Prothonotary of New Castle County to record a certain paper in his office/' · .. 181 Was read a tblrd time by paragraphs, and Passed the Huuse. Ordered to the Senate for concurrence. On motion of Mr. J. A. Moor~ The bin entitled "An act. to authorize the Prothonotary of Kent -County to bring up the entry of the Sheriff's .returns to final exe cutions,'' Was taken up for consideration. 'On motion of Mr. J. A. Moore, The bill was amended by adding as section 3, the following ; SECTION 3. And be it. also further enacted by the authority afore- said, That it shall hereafter at all times be the duty of tho Pro thonotaries of the several Counties of this State, and they are here by required to enter in the manner described in' section I, of this act, the Sheriff's returns to all final executions which shall hereafter be issued out of the Superior Court of this State, upon the return of the writs to their respective offices by the Sheriff, for which service the said Prothonotaries sha.ll be allowed twelve cents for each return . so entered as aforesaid, to be taxed and recovered with their other eosts in the case. And if either of the said Prothonotaries shall re fuse or ne~ect, for the space of sixty days, after the return of any writ to his office as aforesaid, to enter tho said final return of the Sheriff upon it, hereby enjoined upon him, he shall be liable to the defe°udant in the judgment upon which the execution was issued in -0.amages to be recovered by aa action on the case. The damages shall not be le,s than five nor more than ten dollars, except when special damages to aJarger amount shall be alleged in the declaration, and proved. On his further motion,. The bill wasread a second time by its title. Mr. Rickards moved, 16 182 That when the House adjourns this afternoon it will adjourn to meet to-morrow morning at 9! o'clock. On motion of Mr. Waples, The House adjourned till to-morrow morning at 9! o'clock. FRIDAY, Januarlf 31, 1862, 9} o'cloclc, .A. M. The House met pursuant to adjournment. Prayer by the Chaplain. Mr. Rickards moved, That when this House adjourns this afternoon it adjourns till Monday afternoon at 3 o'clock. 183 .. The yeas and nays were ordered. Which being taken, were as follows : Ye~s-Messrs. Appleton, Betts, Chandler, Churchman, Higgins, Jonathan Moore, Phillips, Rickards, Waples, Mr. Speaker-10. Nags:.__Messrs. Boyce, Broadaway, Calhoon, Clemen~s, Ooehran, Davis, J. A. Moore, Robinson, Virden, C. Williamson-IO. So the motion wa., Lost. J'!Ir. Robinson moved, That the vote by which the Senate Joint Resolution to adjourn both branches of the . Legislature was postponed till Tuesday next, be reconsidered. The yeas and nays were ordered, Which being taken:, were as follows: Yeas-)Iessrs. Boyce, Broadaway, Calhoon, Clements, Collins, _ Cochran, Davis, J. A. Moore, Robinson, Virden, C: Williamson -11. Messrs. Appleton, Betts, Chandler, Churchm. an, Hi~gins, JonN. . · ~ !'foore, Phillips, Rickards, Wapfos, Mr. Sveaker ...... 10. So the motion Prevaikd. Mr. Robinson moved, That the Rouse do now concur in the said Joint Resolution. Pending which, Mr. Rickards mov~d, To amend the same by striking out '' the 31st day of January, 1862,'' and inserting in lieu thereof t:he word "week." ·• ,. 18,! The yeas and nays were ordered., Which on being taken, were as follows : Yeas-Messrs. Appleton, Betts, Chandler, Churchman, Higgins;. Jonathan i\ioore, Phillips; Rickards, Waples, Mr. Speaker-10. . Nays-Messrs. Boyce, Broadaway, Calhoon,: Clements, Cochran, Collins, Davis, J. A. Moore, Robinson,,,Virden, C. Williamson-11. So tho amendment was Lost.. '.Mr. Waples now moved,. Ti:> amend said Joint Resolution by striking out the words II on Friday next the 31st day of January, 1862," and insertillg in: lieu thereof the word "to-morrow.'' 1'1r. Pratt, Clerk of the Senato, being admitted, informed the House that the Senate had concurred in and pasi;,cd sundry H "An additional supplement to ·an act entitled 'A further supple ment· to· an act entitled An act to enable the owners and posssessors of the several tracts of meadow, marsh and cripple on the Augustine Oreek and Silver Run in New Castle County, to make and keep.the bank",- dams and sluices in repair, and to raise a fund to defray the yearly expense accruing thereon." "An act to enable John W. Smith to locate certain vacant salt. marsh therein named, and. complete his title to the same..'' 185 "An act in relation to the almshouse in New Castle County." Also, that the Senate hed concurred in the House "Joint Resolu tion declaring the State Treasurer authorized to pay certain monies therein named," with an amendment thereto, and requested the concurrence of the House in such amendment. Also, that the Senate had passed and requested the concurrence of the House in a bill entitled: "An act to change the place of voting in :Mispillion Hundred in Kent County." • Also, "An act to authorize the Levy Court of Kent County t? cor rect certain assessments." And he withdrew. Pending the question on the motion of Mr. Waples. to amend the Joint Resolution to adjourn both branches of the Legislature, Mr, Betts moved That the House do now adjourn. Which motion was, By consent, Withdrawn. The question being on the amendment, The yeas and nays were ordered, Which being taken, were as follows : Yeas-Messrs. Betts, Appleton, Boyce, Broadaway, Calhoon, Chandler, Churchman, Clements, Cochran, Collins, Davis, Higgins, J. A. l\Ioore, Jonathan Moore, Virden, Waples, C. Williawson, :Mr. Speaker-17. 16* 181) • Nag-Messrs. Betts, Phillips, Rickards, Robinson-4. So the motion Prevailetl.. A11d the Resolution. was so, amended; - The question recurring on the motion to concur in the said Reso .. lution as amended, • On motion of Mr. J. A. Moore, The further consideration of the same was postponed iill this at ternoon •. On motion of l\Ir. J .. A. Moore; The bill entitled "An act to change the name·of the place-·ealled: Smyrna Station," Was taken up for consideration' •. • Whereupon, l\Ir. J. A. l\Ioore presented a remonstrance of citizens of' Smyrna,, protesting against the passage of the bill. Which was read. The question being, '' Shall this bill now pass the House ?r The yea! and nays were ordered, Which being taken, were as follows : Yeas-Messra. Appleton; Betts, Chandler, Churcllman, Cvchran-,. Davis, Jonathan Moore, Phillips, Rickards,. Waples-IO. M,y.~-Messrs. Boyce, Broadaway, · Calhoon, Clements, Collins,. Hig!?ius, J. A. Moore, Robi.n110B, Virden,. O. Williamson, M~. Speaker-IL So the bill was Lost. 1&7 ~n motion of Mr. Clement&, The bill entitled "An act to amend section 42, of chapter 99,, of. the Revised S~atutes of the State of Delaware," Was taken up for consideration. The question being, "Shall this be section 1 of the bill?'" Pending whicn, On motion of Mr., Betts> Rule 15th of the House was. suspended in. order to amend the bilI en the third reading. .,vhereupon, l\Ir." Clements moved, • To amend by striking out in the· 4th and 5tI1 lines of said section 1, the words "in cases before Justices of the Peace/' Also, by in serting in the 4th line after the word "fees," and before the word, .. "for,'' the wor~ "of Justices of the Peace." Pending the question thus to amend,. On motion of l\Ir. Churchman, The fu1iher consideration of' the bill was postponed ti11 this af ternoon. On motion ttf Mr. Robinson, The bill entitled "An B.ct. to suppress a great and growing evil/" • Was read a second time by its title .. On motion of Mr. Appleton., 188 The bill entitled "An act proposing an amendment to the Consti tution of the State of tlelaware," Was read a third.time by paragraphs in order to pass the House. Pending the question, " Shall this bill pass the House ?" On motion of Mr. Rickards, The further consideration of the same was postponed till this afternoon. On motion of Mr. Rickards, The bill entitled "An act to open a public road in Milford Hun dred, in Kent County," Was read a third time by paragraphs, and • • Passed the House. Ordered to the Senate for concurrence. Mr. Tatum, a member of the Senate being adm.ioeted returned to• the House sundry enrolled bills, they having received the signature of the Speaker of the Senate, entitled as follows : "An act declaring the ccsser of the grants, liberLies and privileges contained and specified in the act of the General Assembly of the State ()f Delaware, entitled 1An act for the encouragement of internal improvements in the'State of Delaware,'" passed at Dover January 26, 1859, and to resume and revest the same in the. said State.. ".An act to amend section 7, chapter 59, of the Revised Code of the State of Delaware." "An act to amend an act entitled 'An act authorizing the Recorder of Deeds of N:ew ·oastle County to make an indirect mortgage in· dex.'" 189 "An act to divorce Mary Elizabeth Townsend, formerly- Mary Elizabeth Wheatly, from the bonds of matrimony." "An act to revive the act. entitled An act to amend the act entitled A further supplementary -act to tho act en titled 'An act for the stopping St. Georges creek, and for embank ing and draining a quantity of marsh and cripple on bot4 sides of said creek, being deemed about three thousand .acres, situate in Red Lion and St. Georges Hundreds ·and County of New Castle, and for keeping the dykes and darns belonging to the same in good order and repair." "An aet to annul the marriage contract exi~ting between James W. Birnie an "An act to incorporate vVilmington Council, No 1, United American JUcchanics, of vVilmington, Delawa1·e." · And he withdrew. On motion of :Mr. Betts, The "Joint Resolution declaring tho State Treasurer authorize~ to pay certain expenses therein named,'' "'iYas taken up for co1isideration, and, On his further motion, The Senate amendments thereto were c~ncurrcd in, as follows: Amend the Resolution by striking out the words "is authorized · and," in the 3d and 4th lines thereof. Also, by adding the following as an additiorral resolution : · 2. Resolved further, by the authority aforesaid, That tl10 Generar Assembly having resumed, reclaimed and revested in the said State, · the grants, liberties and privileges contained and specified in the act of the General Assembly of said State, entitled ".An act for the en couragement of internal improvements in the State of Delaware,'' - passed.at Dover January 26, 1859, by declaring the cesser of the· said grants, liberties and privileges, for condition troken, and re~ .... 190 suming the same, and declaring that it shall be unlawful for the said Richard France his assignee or assignees or any other person to have, enjoy or exorcise any of the said grants, liberties a!1d privileges, the. State Treasurer shall give notice to the said Richard France that the State of J)elaware discharges him and his sureties from all fur. ther liability on the said bond so far as the said sum of $720,000, therein mentioned as consideration for the said grant is concerned, and only holds the-same for the use and benefit of any person who may be interested therein as security for the payment of any prizes sold and drawn in any of the lotteries authorized by said act during the time when the said grants, liberties and privileges were hereto fore legally exercised." Ordered that the Senate be informed of such concurrence. On motion of Mr. Waples, The Senate bill entitled "An act to revive an act entitled 'An act to enable ·w aitman Jones to locate certain vacant land in North "\Vest Fork Hundred in Sussex County, and complete his title to the same,'' Was read a third time by paragraphs, and Passed the.IIouse. Ordered that the Senate be informed thereof, and the bill re turned to that body. On motion of Mr. Churchman, The Senate bill entitled "An act in relation to the alms house of New Castle County," "\Vas taken up and read. On the further motion of Mr. Churchman, The furtl1er consideration of the bill was indefinitely postponed. Ordered thQit the Senate be informed thereof, and the bill returned to tlrnt body. , - 191 On motion of Mr. Higgins, The bill entitled "An act to amend the act entitled 'An act to es- tablish Inferior Courts in the several Counties of this State," Was taken up for consideration. Pending the question, '' Shall this/bill pass the House?" On motion of Mr. Rickards, The fµrther consideration of the same ·was postponed till to morrow. On motion of Mr. Betts, The bill entitled "An act to annul the marriage contract between John C. and Emma Montgomery," Was read a second time by its title. On motion of Mr. Virden, The bill entitled ".A.n act to prevent obstructions to the navigation of Murderkill Creek and Spring Creek, and its branches in Kent County," . Was read a second time by its title. On motion of Mr. J . .A.. Moore, The House adjourned. • 192 SAM1~ DAY, 3 o'clock, P. M. • - The House met putsuant to adjournment. 'fhe Speaker laid upon the Clerk's table, and directed to be read, a communication from the State Treasurer : FARMERS BANK AT NEW CASTLE, DELAWARE,} January 30th, 1862. Dear Sir :-In reply to your letter of the 24th inst., I am in structed by our Board of Directors to say that this Ihnk will take five thousand dollars of the loan of the State of Delaware as pro posed, provided yoll will receive in payment the United States Treasury demand notes or other funds that are at par in Philadel-. phia. V cry Respectfu1Iy, H. J. TERRY, Cashier. Samuel B. Hitch, Treasurer of the State of Delaware, Dover, Dela ware. Which, On motion of Mr. Appleton, Was referred to the committee on so much of the Governor's message as relates to the suoject of this State's assuming its share of .. the direct tax: laid by the General Government . 193 On motion of J\Ir. Chandler, The bill entitled "An act to annul the marriage contract between • David aud Eliza A. S. Scott," • The bill was read a third time by paragraphs, ~nd Passed the House. Ordered to the Senate for concurrence. On motion of M:r. J. A. Moore, The bill entitled "An act to authorize the P.rothonotary of Kent County to bring up the entry of the Sheriff's returns to final exe cutions," Was read a third time by paragraphs, and Passed tlte House. Ordered to the Senate for concurrence. J\lr. Pratt, Clerk of tho Senate, being admitted, infor:ned the House that the Senate had concurred in and passed sundry House bills, entitled as follows : "An act authorizin?' the laying out a public road in J\Iurderkill Hundred, Kent County." "An act to amend chapter 59, of the Revised Statutes of the State of Delaware." "An act to au.thorize the Levy Court of New Castle County to purchase or acquire a lot of land in Appoquinimink Hundred near to Taylor's Bridge." Also, that the Senate had passed and requested the concurrence of the House in a bill entitled : "An act to repeal a certain act hereinafter mentioned.'' . 17 . 194 Also that the Senate had concurred in the House amendment to· the "Joint Resolution authorizing John Green to dra,v on the State Treasurer for certain °*Pncy therein mentioned." Also, that the Senate had passed and requested the concurrence of the House in a "Joint Resolution concerning the State Library." And he withdrew. On motion of Mr. C. W"i!Iiamson, 'l'he Senate bill entitled "An act to change the place of voting in Mispillion Hundred in Kent County," ,v as taken up and read. On motion of Mr. Robinson, The bill ent:tled "An act authorizing the Levy Court· of the. re sective C,Punt =2s of this State to appoint vaccine physicians," 1V as taken up for consideration. Whereupon, Mr. Robinson moved; To amend by striking out in section 2, all after the word "vacci nation," in the 8th line thereof. Also, in section 3, by striking out the word '1 twice," in the 3d line thereof, and inl?ert in lieu thereof the word '' once." Pending which motion, On motion of I\Ir. Rickards, The further consideration of the \Jill was Indefinitely Postponed. On motion of Mr. J. A. Moore, The Senate bill entitled "An act to amend section 63, of chapter 195 111, 'Of the Revised Code in· relation .to the lien of executions as against subsequent executio.n creditors;• Was read a ·third time by paragraphs, and Passed the House. Ordered that the Senate be informed thereof and the bill re turned to that body. On m.otion of Mr. Appleton, Th~ bill entitled "An act proposing an amendment to the Consti tution of the State of .Delaware," making it unlawful to•pass any law legalizing lottery drawings in this State," \Vas taken up for consideration. The qu~stion being, •. • "Shall this bill now pasd .the llouse ?" · The yeas and nays were ordered, Which being taken, were .as follows; Fea.~-Messrs. Appleton, Betts, Broadaway, Ch:mdler, Church> man, Clements, Cochran, Davis, Higgins, J. A. Moore, Rickards, Virden, C. Williamflon, Mr. Speaker-14. Na.i;s-)Icssrs: Boyce, Calhoon, Collins, Jonathan Moor(J. Phil lips, Robinson, Waples-7. So the bill having received the constitutional majority, Passed the House. Ordered to the Senate for concurrence. ]\Tr. Pratt, Clerk of the Senate, being admitted, informed the House that the Senate had concurred in the Honse bill entitled "A supplement to the act entitled 'An act to authorize the laying out a 106 public road in Kent Cou~ty,' passed at Dover January 24, 1861,',, with an amendment, and requested the concurrence of the House in tho same. And he withdrew. On motion of l\Ir. Broadaway, The hill entitled "An act calling a Convention to abolish life tenures in office and property qualifications for office, and to cause • more of the public officers to bo elected by tho people; and also to effect such other amendments to the Constitution of this State, as may be necessary and proper," Was read a second time by its title~ Mr. J. A. Moore from tho special committee to whom was referred the petition of U. H. Cummins an& othera, · Reported a bill entitled "An act for tho protection of sheep." Which, On his motion, • Was road. On• motion of Mr. J. A. Moore, The bill entitled "An act to amend chapter 66, of tlie laws, passed at Dover :February 28, 18Gl," Was read a third time by paragraphs, and Lost. On motion· of Mr. Clements, The bill entitled ''• .\n act to amend section 42, of chapter 99, of the Revised Statutes of the State of Delaware" Was taken up for consideration. 197 The question being, "Shall the bill be so amended?" On motion of Mr. Churchman, The further consideration of the bill was Indefinitelg Postponed. Mr. J. A. Moore presented the account of James ·w. Wise, for fitting up the halls of the General Assembly, , Which, On his motion, Was read,-and referred to the Committee on Accounts. On motion of Mr. Robinson, The bill entitled "A supplement to the act entitled 'An act to authorize the laying out a public road in Kent County,' passed at Dover, January 24, 1861~'-which was concurred in by the Senate and returned with an amendment, as follows: "Senate, January 31, 1861. "Amend the bill by striking out that portion of the preamble after the word 'length,' in 13th line." Extract from Journal. J. L. PRATT, Clerk of Senate. On the further motion of Mr. Robinson, The amendment of the Senate was Ooncurred in. Ordered that the Senate be infoi:.med thereof. On motion of Mr. -Appleton, 17"' 198 The Senate "Joint Resolution to adjourn both branches of the · Legislature," '\Vas taken up for consideration. The question being on the concurrence in the resolution as amended, On the further motion of Mr . .Appleton., 'l'he further consideration of the same was Indefinitely Postponed. Ordered that the Senate be informed ther.cof, and the resolu tion returned to t"iiat body. Mr. Pratt, Clerk of the Serrate, being admitted, presented sundry enrolled bills for the signature of the Speaker of the House, the same having received the signature of the Speaker of the Renate, entitled as follows : "An act to authorize Isaac G. Phillips to locate certain vacant lands in Little Creek Hundred, Sussex County, and complete his title to the same.'' "An act to vacate a portion of a certain public road in Milford Hundred, in Kent County." "1\ n act to authorize the Register of Chancery, in and for New Castle County to procure a new seal of office." "An act to authorize the Clerk of the Orphan's Court in and for New Castle County to procure a new seal of office." "An act authorizing Deputy Sheriffs to administer oaths." ".Joint Resolution appointing a Committee on Claims." And he withdrew. l\fr.·J. A. ;\!.oore moved, 199 That when the House aajourns it adjourns to meet on Monday afternoon at 3 o'clock. Which motion, On being put, Prevailed. On motion of Mr. Rickards, The bill entitled "An act to repeal an act entitled 'An act to amend chapter 89, section 25, of the Revised Statutes of the State of Delaware,' passed_ at Dover, February 7th, 1861,'' Was reaJ a second time by its title. On motion of Mr. J. A. Moore, The Senate bill entitled "An act to repeal a certain act hereinafter mentioned," Was taken up and read .. • On motion of Mr. Phillips, The Senate bill entitled "An act to enable John W. Smith to locate certain vacant salt marsh therein named, and complete his title to the same," Was taken up and read. On motion of Mr. J. A. Moore, .The Senate bill entitled "An act to authorize the Levy Court of Kent County to correct certain assessments," °\'Vas taken up and read. Qn motion of Mr. J. A. Moore, :?.Of) The Senate ''Joint Resolution concerning the State Library, \Vas taken up and read, and, On motion of Mr. Robinson, The further consideration of the same was postponed till Tues dsy next. On motion of Mr. Uetts, The House adjourned. MONDAY, February 3, 1862, 3 o'clock, P. M. The House met pursuant to adjournment. l'rayer by the Chaplain. Mr. Appleton gave notice that he would, on to-morrow, or some ' 201 future Mr Clements presented the petition of citizens of Chapcltown, praying an act to change the name to '' Wcstville." "Which, On his motion, Was rea "Whereupon, Messrs. Clements, Churchman and ·waples, were appointed such - committee. l\Ir. Robinson presented tho petition of Samuel 1\I Vaughan nn Which was read. On motion of Mr. HoLinson, The Senate bill entitled "An additional supplement to an act en titled 'A further rnpplemcnt to an act entitled An act to enable tho owners and posssoasors of tho several tracts of meadow, marsh and cripple on the Augustine Creek and Silver Run in New Castlo County, to make and keep tho bank~, dams and sluic_es in repair, and to raise a fund to defray tho yearly expense accruing thereon," \Vas taken up and read. On motion of )Ir. Phillips, The Senate bill entitled "An act to enable• John W. Smith to lo- cate certain vacant salt marsh therein named and complete his..titlc to the same,~' 20J Was read a second time by its title, On motion of Mr. Churchman, The bill entitled "An act for the protection of sheep," ,v as read a second time by its title. On mo_tion of 1'Ir. Churchman, The Senate bill ei1titled "An act to change the place of voting in l\lispillion Hm~drcd in Keut County," Was read a second time by its title. On motion of :Mr .. Higgins, The bill entitled "An act to amend chapter 11 of the llc vised Code, relating to the valuation of property," '\Vas read a second time by its title. ·- On motion of ulr. Phillips, The bill entitled "~\.ri act to repeal a certain act hereinafter men tioned," Was re:id a sec·md time by its title. On motion of Mr. Broadaway, The Senate bill entitled ''An act to authorize the Levy Court of Kent County to correct certain assessments," Was read a second time by its title. . . ... :Mr. Clements moved, To reconsider the vote by which the bill entitled 11.An act author· • 203 izing the Levy Court of the respective Counties of this State to ap point vaccine physicians," was indefinitely postponed. "Which motion, On being put, Was Lo,t. l\Ir. Clements moved To reconsider the vote by which the bill entitled "An act to change the name ot the village of 'i'ownsend,'' was lost, "\Vhich motion to reconsider, On being put, Was Lost. Mr. Broadaway moved, That the House do now adjourn. 'i1'hich, Oa being put, Lost. l\Ir. Phillips from the Committee on Enrollment, reported as duly and correctly enrolled the bill entitled "An act to autho_rize :Elijah Satterfield to change a certain -public road in Milford Hun dred, Kent County, Delaware,' " and presented the same to the Speaker for his signature. On ti.10tion of Mr. Betts, Th\l House adjourned. • 204 TUESHAY, February 4, 18G2; 10 o'dock, A. 111. The House.met pursuant to adjournment. l'rayer by the Chaplain. Mr. Phillips from the Committee on Enrollments, reported as - duly and correctly enrolled sundry bills, entitled as follows, and pre sented the same to the Speaker for his signature : "An·act to authorize the Levy Court of New Castle County to purchase or acquire a lot cf land in A ppoquinirnink Hundred near to 'l'aylor's Bridge." "An act to amend chapter 59 of the Revised Statutes of the State of Delaware." "An act to amend section 28; of chapter GO, of the Revised Statutes of the State of Delaware." · ,:An act appointing commissioners to lay out a public road partly in New Castle and partly in Kent Counties." - · "An act authorizing the laying out a public road in Murderkill Hundred, Kent County." 205 "A supplement to the act entitled 'An act to authorize the laying out a public road in Keut County, passed at Dover, January 24, 1861." Also, the "Joint Resolution declaring the State Treasurer author.· ized to pay certain monies therein mentioned." 1\Ir. Churchman offered a "Joint Resolution of thanks to Captain Samuel F. DuPont.'' Which, On his motion, \Vas read. On the further motion of Mr. Churchman, The further consideration of the same was postponed till to morrow morning. l\Ir. Robinson presented the petition of J arnes F. Burton and others, praying an alteration in our general .Assessment Laws. · l\Ir. Phillips presented a like petition of Robert Arnell and others. By order, both petitions were referre~ to the committee on petition of Joseph G. Cleaver and others, as to an alteration in the general .A.s~essment Laws. Mr. Appleton from the committee to whom was referred so· much of the Governor's message as relates to the subject of this State's nssurning its share of· the. direct tax laid by the General Govern ment, Reported a ''Joint Resolution assuming the qu.ota of tiie direct tax imposed upon the State of Delaware by the Act of Congress hereinattcr mentioned." Which, On his motion, 18 2.06 Was read. ''Joint Resolution assuming the quota of th9 direct tax il_llposccl ·upon the State of Dela ware by the Act of Congress hereinafter men tioned::' 1. Resolved, by the Senate and House of Representatives. of the State of Delaware in General Assembly met~ 'Jhat the State of Delaware docs hereby assume and will assess, collect and pay into the Treasury of the U nitcd S"tatcs the quota of direct tax imposed upon the said State by the Act of Congress entitled "An act to rirovide increased revenue from imposts, to pay interest on the pub lic debt and for ot2cr purposes," approved August 5, 18Gl. 2. Resofrul further, by the authority aforesaid, That the Gov ernor be and is re<1ucEtcd to give notice to the Secretary of the Treasury of the Uuitcd States of the above resolution, as contem plated by the filty-third section of the Act of Congress aforesaid." Mr. Robinson presented the following minori:ty report: The undersigned of the committee to whom was referred so mucI1 of the Governor's Message as relates to the subject of this State's assuming its portion of the tax imposed by the Congress of the United States, under and by virtue of an act approved by the Presi dent, August 5, 1861 ; be_; leave respectfully to submit the follow ing minority report : That the Congress has recently passed a Joint Resolution which will gre.itly increase the portion of the direct tax required to be raised by this State, and that that body is now engaged in maturing a law entirely different in its essential provisions from · the act "to provide increased revenue from imposts to pay interest on the public debt and for other purposes," and whereas it is proposed to provide by the action of this Legislature, for the assessment and payment of a permanent annual tax to the General Government; and in view of the importance of this subject to the people of the State of Dela ware, and of the fact that the period which will elapse between the adjournment of the present and the election of the Delegates to the succeeding Legislature is but very short; and that the membera who would then take our places would be fresh from the people, and,. would better understand their wishes upon this important question. Therefore, w~ would respectfully recommend the adoption of the f olluwing resolution : • 207 Resolved, That it is, in the op1nio~ of this General A.s lfhic'h, On his motioJ!., Was reaa. Whereupon. ,On motion of Mr. Appleton, 'The farther consideration of the Joint Resolution and tlie m1- ID.ority rcport was postponed till to-IDorroJv mo:ning. Tursu:mt to previous 11otice, Mr.. Appleton aske~, and., On motion of Mr. Chandler. Obtained leave to introduce a bill entitled '"An net securing the enjoyment ef Which, On motion ,of l\Ir. Appleton~ 1Vas read. 1\Ir. Pratt, Clerk of the Senate, be1ng admitted, informed the House that tlrn Senate had eoncurrc.d .in ~nd passed the House bills, ·entitled as follows: · "An act to authorize Thomaii Lynam to la.y out a private road in Christiana HundredJ Nc:w Castle {Jounty." · • 208 . "An aet to lay out a public road in· Appoquinimink Hundred in New Castle County."' 1\'.Ir. Betts gave notice that he would, on ro-morrow, or some fu ture day, IU!k leave to introduce a bill entitled "An act to allow money to be attach,ed in the hands of .a Sheriff." On motion of Mr. Higgins, The bill entitl!Jd "An act to amend the act entitled 'An act to es tablish Inferior Courts in the several Counties of this State," ·was taken up for consideration. The question being, " Shall this bill pass the House ?' And the vote beipg taken thereon, The bill Passed tlte HO'IJ.se. Ordered to the Senate for co1:1currence~ On motion of Mr. J. A. Moore; The Senate bill entitled "An act to repeal a certain act herein . after mentioned," Was read a·thir.d time by paragraphs in order to pasi,1 the House-. Pending the question, '' Shall this be section I of the bill Z" On motion of Mr. Churchman, The further consideration of the .same was postponed till · this af. ternoen. / On motion of Mr. J. A. Moore, ,.. - 209 The Senate bill entitled ''An act to authorize the Levy Court of Kent County to correct cert::iin assessments," Was read a third lime -by paragraphs in order to P.ass the House. Pending the question, I( ShaJI this be sectfoii.1 of ;he biJI "?" On motion of Mr. J'. A. l\Ioore, The further considerntion of the same was postponed till this afternoon. · Mr. "Waples from the 'Committee to whom was referred so much of the Governor's message as refers to the Coast defences, Reported a "Joint Resolution requesting an apprqpriation from the General Government for dofending)hc Coast." Which, On motion of JHr. 'Waples, Was read, as follows : . Resolved, by the Senate and House of Representatives of theState of Delaware, in General Assembly met, 'l'hat Congress is hereby re-. quested fo I_tiake such appropriations as may be necessary to erect a suitable fortification on the Delaware Breakwater or on 'the Coast adjacent thereto, for the. protection of that liarbor··of refuge, and for the erection of such other defences as may be requisite for the pro tection of the Delaware Bay and River. Resolved, That in the opinion of this General Assembly the com pletion of the Railroad from Milford to Jhe Delaware Breakwater, a distt'lncc·of rnme thirty miles, would, in the event of a foreign war become a military necessity, and that Congress is. hereby requested to make an appropriation- for the completion of said Railroad_. as a part of the means of protecting said Breakwater. · Resolved, That a copy of the above resolu,tiQ.lls be sel'lt to our Senators and Representative in Congress with the request that they 18"' . • .. ... 210 lay the same before their respective Houses and that they use theit: en~eavors to secure the object of the foregoing resolve. And,' On his furthe.r motion,. .4.dopted. Orderf'/1, to the- Senate for concurrence. On motion ot Mr. Betts, The bill entitled "An act to annuf the marriage contract between John C. and Emma Montgomery," Was read a third time by pai;agraphs in order to pass the House .. The question being, '' Shall this. be section 1 of the bill?" On being put, Was Lost. So the bill was Lost. On motion of Mr. Higgins, The bill entitled "An act to amend chapter 11 of the Revised Code, relating to 'The Valuation of Prope'!"ty,'" Was taken up for consideration. On motion of l\lr; Churchman, The further consideration of the same was postponed till this af:. ternoon. • 211 .... On m-0tion. 0£ :Mr. Robinson, The i;'m entitled llAn act to suppress a great and groiing-evil/'" Was taken u1> for consideration. Mr. 0-hurchman moved, To amend the same' by adding thereto the fQllowing as sections S., 4 and 5 : SEC. 3 . .And be it further enacted, That the act entitled an act io amend chapter 24, pf the Revised Statutes of the State of Dela- ware, entitled General Provisions respecting Public Offices, passed at Dover, March 3d, 1853, bs and the s!me is hereby repealed. SEC. 4 . .And be it further enacted, '{'.hat the following shall be ~nd is hereby, declared to be section I, of chapter 24, to wit: SEc. 1. Every person elected or appointed to any public office of trust or profit in this State, befoi;e entering upon the duties of such office, shall in addition to the qualifications prescribed by the Consti-. tutions of the United States and of.this• State, take and subscribe the following oath or affirmation : I ----- do solcmnty swear ( or affirm) that I have not since· the first day of July one thousand eight hundred and sixty-two, given, offered or promised any money, goods,_ · chattels, or other valuable things or matter, or released or offered to release any debt or obligation, or contributed pr promised, or offered to contribute any - money, goods, chattels, or other valuable_ things, by way of, or to be employed as bribe, gift, benefit or reward, directly or indirectly for the purpose, or with the object of influencing any elector in giving his vote, or in refusing to vote, or in absenting himself from the polls at any election. So help me God (or so I affirm.) .And the said section shall hereafter be so read and construed. SEC. 5. And be it fug;her enacted, That this act shall take effect on th~ :first day of July, one thousand eight hupdred and sixty-two., The yeas and nays were ordered, Which being tak-en, were as follows: Yeas~Messrs. Appleton, Betts, Chandler, Chjj.tchman, Cochran, Higginsi J._ A. Moore, Mr. Speaker-8 . • ::12 - · NayJ-:1\fessrs. Broa'daway, Calhoon, Clements, Collins, Davis, Jonathan Moore, Rickards, Robinson, Virden, Waples, Q,. Willia.m. son-11- So tho amendment was Lost. On motion of Mr. Waples, The.title of the bill war, amended by striking out all after the word "act" and irisertiug in lieu thereof tne words "for the sup pression of bribery and corruption," ·whereupon, • On motion of l\Ir. Robinson The bill was read a third time by paragraphs: and Passed the ]louse. Ordered to the Senate for ~oncurrence. • On motion of Mr. Virden, The bill entitled "An act to pre.vent obstructions to the navigation of Murderkill Creek and Spring Creek, and its branches in Kent County," '\Vas read a third time by paragraphs, and Passed the ]:louse. Ordered to the Senate for concurrence. • On motion of Mr. Robinson, The Senate bill entitled "An additional supplement to an act en titled 'A further supplement to an act entitled An act to enable the owners and posssessors of the several tracts of meadow, marsh and cripple on the Augustine Creek and Silver Run in New Castle 213 County, to make and keep the banks, dams and sluices in repair, and to. raise a. fund to defray the yearly expense accruing thereon," Was read a second time by its title. • On motion of Mr. Broadaway, The Senate bill entitled ".An act to enable John W. Smith to lo cate certain vacant salt marsh therein named and complete his title to the same," · Was read a third time by_ paragraphs, and Passed the House. Ordered that the • Senate be informed thereof and the bill re .. turned to that body. On motiori of Mr. Phillips, • The House adjourned • • • • • .. 214 • SA)lE DAY, 3 o'cloclc, P. j}f. .. The House met pursuant to adjournment. Mr. Pratt, Clerk of the. Senate, being admitted, infor:ned the House that t.hc Senate had passed and concurred in sundry "!Jills, entit!'ed as follows : "An act to authorize the Prothonotary of New Castle County to _. record a certain paper in his office." "A supp'euent to the.act entitled 1An act to create a Board of Fire W :miens in the city of \\ ilmington,' passed at Dover March 5, 1861.:' "An act relating to arrests in civil cases in the 'State of Dela ·ware." Also, that the Senate had non-concuJTed in the bill entitled 11An act to authorize Samuel l!', Hewes to change the public road in Dover I-I undred." · Also, that the Senate had adopted and requested the concurrence of the Ifou.s~ in a "Joint Resolution authorizing the State Treasurer to pay a certain sum of money to the Secretary of State." ~nd he witl1drcw. • .. 215 On motion of l\Ir. Churchman, rfhe bill entitled ''A~ act for the·protection of sheep,'' ,r us taken up for ·consideratio;1, Mr. ,v aples moved, - 'l'o refer and recommit the bill to the committee. Pending whi9h, ~fr. Uickards moved, 'That the further consideration of the bill be indefinitely post prncd. Which motion, On being put, ~Tas Losf. • The question recurring on Mr. Waples motion to recommit, On bci_ng put, "~as also Lost. Whereupon, On moti01i of Mr. Churchman, The bill was amended as follows: By strikibg out in section 2 thereof, and line 3, the words "one dollar," and inserting in lieu thereof the words "fifty cents," and by .striking out in line 5 thereof, the words "three dollar~," and inserting in lieu thereof the words " two dollars." By striking out the word"' only," in the 7th line thereof; further by striking out in said 7th line the words "fifty cents,'' and inserting in lieu there of the words "one dollar." Also, by striking out all after the word "and," in line 23, otsec; • • 216 · tion 4, and before the word "for," in line 26, of the same section, · and inserting in }ieu thereof the words, "At ihe expiration of every two years, and when his term of office shall expire shall pay over to the School Commissioners of the respective School Districts of his Hundred, in equal portions to each.of said districts, any balance of ~aid funds remaining in his hands, and the receipt or receipts of said School Commissioners slrnll be his voucher and acquittance for the amount or amounts so paid." .. Also, by adding the following as section 8, of the bill: SEC 8. All persons paying a tax as provided in this act, shall have such a property in tlte dogs owned, held and paid for by them, as will enable them to sue for and recover any damages that may accrue in consequence of injury to or theft of such dog or dogs." On motion of JUr. Chur_chman, The further consideration of the bill was postponed till to-morrow morning. l\Ir. Appleton moved, Tbat Rule 12th be suspended in order to read a bill a second time by spc·cial order. ,.vVhich motion, On being put, Was Lost. Mr. Clements from the committee to whom was referred the pe tition of citizens of Chapeltown, praying an act to change the name of the place to " \Y estville," Rep6rted a bill entitled "An act to change the nanie of the place called " Chapeltown,'' in Dover Hundred, Kent County, Delaware." Which, On his motion, Was read. 217 On motion of Mr. Waples, - The Senate Joint ~esolution authorizing the State Treasurer to pay a certain sum or money to the Secretary of State,'' Was taken up and read • . Mr. Waples moved the concurrence therein. Pending which, On motion of ~Ir. Churchman, The further consideration was postponed tin to-morrow morn ing. On motion of Mr. J. A. Moore, The Senate "Joint Resolution concerni~g the State Library," Was taken up and Concurred in, Ordered that the Senate be so informed, and the said Resolution returned to that body. Mr. Higgins gave notice that he would, on to-morrow or some future day, ask leave to introduce a bill entitled "An act to repeal an act entitled 'An act repealing the act entitled An act taxing dogs in New U&stle County and for other purposes,' passed at Dover March 2, 1853, and the supplement ,thereto, passed at Dover March i, 1855." · On motion of Mr, Betts, The bill entitled "An act supplementary to the act entitled 'An aet regulating the sale of intoxicating liquors,' passed at Dover· March 3d, 1857," Was read a third time by paragraphs, and Passed the House. Ordered to the Senate for concurrence. 19 218 On motion of Mr. J. A; Moore, The Senate b.ill entitled "An act to authorize the Levy Court ~f Kent County to· correct certain assessments," Was taken up for consideration. The question being, " Shall this be P.ection I of the bill ?" And the vote being taken thereon, The bill Passed the House. Ordered that the Senate be informed thereof, and the biir . returned to that body. On motion of Mr. J. A: Moore, The Senate bill entitled "An act. to repeal a certain act herein after mentioned/' ·was taken up for consideration. The question beil)g, " Shall this be section 1 of the bill ?'' The motion Prevailed. The question then being, " Shall this bill now pass the House ?" On motion of Mr. Robinson, The further consideration of the same was postponed till to~ morrow afternoon . •on motion of Mr. Betts, 219 Rule 7:th .of the House was suspende'd in order to introduce a. 'bill. Whereupon, 1\Ir. Betts, asked, and, Dn motion of Mr. W a pies, Obtained leave to introduce a bill entitled "An act to a.11ow money to be atta,ched in the hands of a Sheriff." Whie'h, On motion of Mr. BettEI, Was read. Mr. Appleton moved, That the House do now adjourn. Which motion was On motion of Mr. Clements, 'Rule 12th was suspended in order to read a bill a. second time by its title. Whereupon, On the further motion of Mr. Clements, 'The bill entitled "An act to change the name of the p1ace ca1led "' Chapeltown," in Dover Hundred, Kent County, Delaware," . Was read a second time by its title. • On motion of Mr. Robinson, The House adjourned. 220 Wl The House met pursuant to adjournment. l'rayer by the Chaplain. Mr. Higgins presented the claim of Pennell Emerson, Esq., Sheriff of Kent County for services in the Court of Errors and Ap· peals. ·which was read, and, On motion of Mr. Higgins, Was referred to the Committee on Claims. On motion of Mr. J. A. l\Ioore, The bill entitled "An act for the protection of sheept '\Vas taken up for consideration: On motion of Mr. J. A. Moore, 221 The bill was further amended by addiRg the following words as section 9th thereof: SEC. 9. The provisions of this act shall apply only to New Castle County and to Duck Creek Hundred in Kent County. On motion of Mr. J. A. Moore~ The bill was read a third time by paragraphs in order to pass the House. The question being, '' Shall this be section I of the bill ?" l\Ir. Rickards moved, That the further consideration of the bill be indefinitely post poned. Which motion. was Lost. On motion of Mr. Betts, Rule 15th of the House was suspended in order to further amend the bill on the third reading. Mr. Betts offered the following amendments : Amend section 1, of the bill, by inserting in the second line thereof, after the word " State," the words " to which this act is made applicable." · Amend section 9, by inserting between the words II County" and "and," in the second line thereof, the words '' with the exception of Wilrnington Hundred." Which, On motion of Mr. Churchman, Were Adopted, And the bill was so amended. Hl* 222 The que&tion being~ '' Shall t.his be. the tjtle of the bill r On motion of Mr. Betts, The following words were added thereto as an amendment : "In cel,'tain parts of New Castle and Kent Counties." The question then being, " Shall this bill pass the House ?" The yeas and nays were ordered, Which being taken, were as follows : Yeas,-Messrs. Appleton, Betts, Boyce, Broadaway, Callioon,. Churchman, Clements,· Cochran, Collins, Davis, Higgins, J. Ar Moore, Jonathan Moore, Phillips, Robinson, Virden, Waples-17. Na9s-Messrs. Chandler, Rickards, C. Williamson, Mr. Speaker· -4~ So the bilf Passed tne House. Or Mr. Phillips from the Com~itte& on Enrollments, reported tlie· following bills as duly and correctly enrolled, and presented the. same to the Speaker for his signature. To wit : "An act to lay out a public road 1n Appoquinimink Hundred in New Castle County.'r· ".An act relating to ar.rests in civil eases in the State of Dela- • ware." "An act to authorize Thomas Lynam to lay out a private road: fo · Christiana Hundred, New Castle County." ''An act to aut'horize the Prothonotary of New Castle Oounty to, record a certain paper in hi11 office." • ~23 "A supplement to the act entitled 1.An act to create a Board of Fire Wardens in the city of '\\ilmington,' passed at Dover March 5, 1861.'' On motion of Mr. Churchman, The ''Joint Resolution of thanks to Captain Samuel F. du Pont," Was taken up for consideration. On motion of Mr. J. A. Moore, The said Resolution was . .Adopted. · Ordered to the Senate for concurrence. l\Jr. Pratt, Clerk of the Senate, being · admitted, informed the House that the Senate had indefinitely 'postponed the House bill entitled "An act declaring inoperative so much of an act en titled 'An act in relation to public roads and highways in St. Georges and Appoquinimink Hundreds in New Castle County,' passed at Dover February 21, 1850, as relates to Appoquinimink Hundred." · Also, that the Senate had non-concurred in the bill entitled "An act to enable Joshua P. Hayes to locate certain vacant lands in Little Creek and Dover Hundreds in Kent County, and complete his title to the same." · Also, that the Senate had passed and requested the concurrence of the House in a bill entitle~·'An act to repeal the act entitled 'An act to incorporate a Bank at Seaford in the County of Sussex under the name of the Seaford Bank of Seaford.'' Also, requested the concurrence of the House in a "Joint Reso- • lution assuming the quota of the direct tax imposed on the State of Delaware by the act of Congress, approved August 5, 1861 ." Also, returned sundry enrolled Rouse bills, the same having received the signature of the Speaker of the. Senate; entitled as· follows: 224 "An act to authorize the .Levy. Court of New Castle (;Jounty to purchase or acquire a lot of land in Appoquinimink Hundred near to Taylor's Bridge." . . •. " "An act appointing commissioners to lay out a public road partly in New Castle and partly in Kent Counties." "An act authorizing the laying out a public road in Murderkill Hundred, Kent County.". · "An act to amend section 28, of chapter 601 of the Revised Statutes of the State of Delaware." "A~ act to amend chapter 591 of the Revised Statutes of the State of Delaware." · "An act autho;izi!;_lg; l!~lijah Satterfield to change a certain pub lic road in Milford Hundred, Kent County, Delaware.' " ''A supplement to the act entitled •An act to authorize the laying out a public road in Kent County;' passed at Dover January ~1~~ • Also, a ".Joint Resolution declaring the State Treasurer author ized to pay certain monies -therein mentioned.'' Also, presented the following Senate enrolled bill, for the signature of the Speaker of the House, the same having received the signature of the Speaker of the Senate, entitled : · ''An act to establish the Brandywine and Centreville Cemetery of Christiana Hundre.d.11 • · Also, "Joint Resolution authorizing John Green to draw on the State TreasurerJor c_ertain expenses therein nameil" • .A.nd he withdrew . On motion of Mr. Clements, The bill entitled "An act for the relief of tho officers of volunteer companies and persons from whom arms have been taken," 225 ·was ta.ken up for consideration. The bill was read a third time by paragraphs in order to pass the House. The question being, " Shall this bill pass the House ?" The yeas and nays were ordered, Which being taken, were as follows: Yeas-Messrs. Appleton, Boyce, Broadaway, Calhoon, Church man, Clements, Cochran, Collins, Davis, J. A. Moore, Phillips, Robinson, Virden, Waples, C. vYilliamson, l\Ir. Sp!aker-16. Nays-Messrs. Bett~, Chandler, Higgins, Jonathan Moore, Rickards-5. So the bill Passed the House. Ordered to the Senate for concurrence. On motion of Mr. Robinson, The "Joint Resolution assuming the quota of the direct tax im posed upon the State of Delaware by the Act of Congress here inafter mentioned," together with the minority report on same sub ject, "\Vas taken up for considerati~n. On motion of :Mr. Rickards, The further" consideration of the same was postponed till to morrow. On motion of Mr. Betts, The Senate joint Resolution assuming the quota of the direct tax imposed on the State of Delaware by the Act of Congress approved August 5, 1861," .. 226 Was taken up and read. Mr. Churchman moved That the Resolution be concurred in. Pending which, On motion of Mr. Robinson, The farther 41onsideration of tho same was postponed till to-mor· morrow. On motion of Mr. Robinson, The Senate bil1 entitled ''An ad Whereupon, On motion of ]\Ir. Appleton, The bill was referred to the Committee on Corporations. On motion of Mr. Waples, The House adjourned.