OF THE GENERAL POLICE..

CHAPTER 399.

OF STRAYS.

AN ACT to prevent stock from running at large in School District No. 96, in New Castle county.

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

live stock to

SECTION I. That from and after the passage of this act, it Unlawful for shall not be lawful for any live stock to run on the highways within the limits of school district No. 96, in New Castle county.

run at large District No.

in School

96, in New Castle

county.

pounded by

SECTION 2. That it shall be lawful for any person in the Such stock said school district to take up any live stock running on the may be imhighways in said district, and impound the same, and they any person. shall have the right to demand and receive one dollar for Compensaevery animal so taken up, and twenty-five cents per head for tion. every day such animals are kept, and may retain the same until all legal charges are paid.

may be esti

appointed by

SECTION 3. That in case any damages may have been sustain- Damages ed by reason of stock running at large, any justice of the peace mated by of the county, may upon the application of the person dam- freeholders aged, appoint three suitable freeholders to estimate the said justice of damages, which, together with the legal charges for keeping Peace. said stock, shall be paid by the person claiming the same, before the same is delivered.

advertised

SECTION 4. That in case the said stock is not claimed, and Stock to be all just charges are,* in accordance with this act satisfied, fed within thirty days, the person having said stock in charge not claim shall advertise the same at public sale by not less than three days. written or printed notices, posted for, at least, ten days previ- Notices. ous to said sale in three conspicuous places in said district, at

the expiration of which time they shall proceed to sell the Proceeds to same, the proceeds of which sale, after deducting all just be deposited charges, shall be deposited with some justice of the peace in for one year said county, who shall hold the same for one year, if not of peace. sooner claimed by some person who shall prove to the satis- If not faction of the justice that they are the real owner of the said paid to clerk stock; if not so claimed, it shall be subject to and paid over on afsthet

:

Act not to
prevent

OF THE GENERAL POLICE.

the order of the clerk of the said school district, to be devoted to the purposes of the said school district.

SECTION 5. That nothing in this act shall be construed to proceedings prevent any person from proceeding with cattle or other stock general law. as provided in the general law concerning estrays.

under the

Passed at Dover, March 20, 1877.

CHAPTER 400.

OF STRAYS.

Volume 14, AN ACT to repeal and supply chapter 437 of volume 14 of Delaware Law :

430.

of volume 14.

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

SECTION 1. That chapter 437 of volume 14, of the DelaChapter 437, ware Laws, entitled "An act to prohibit horses, cattle, sheep repealed and and swine, from running at large in School District No. 10, in supplied. Sussex county," be and the same is hereby repealed, and that

Unlawful for
certain ani-
mals to run
at large in
school dis-

the following be enacted in lieu thereof.

SECTION 2. That no horse, mare, colt, mule, cattle, sheep or swine shall be allowed to run at large within the limits of

trict No. 10, School District No. 10, in Sussex county, in this State.

in Sussex county.

Penalty.

How recov
ered.

To whom
paid.

SECTION 3. That if any person or persons shall willfully suffer their live stock to run at large within the limits of said school district, he or she shall be liable to a penalty of fifty cents for each and every day, for each and every horse, mare, colt, mule, cattle, sheep or swine or other live stock so suffered to run at large, to be recovered by suit before any justice of the peace in Sussex county, upon complaint made by any person interested, the one half of said penalty to be paid to the person suing for the same, and the other half to the school committee of the school district in which the offence was committed, for the use of the free school in said district; and the owner or owners of such live stock so running at large

OF THE GENERAL POLICE.

how recov

shall be liable to any and all damages committed by such Damages; stock, to be recovered in like manner by the person or per- how sons so damaged. All suits under this section shall be brought Limitation within thirty days from the violation thereof.

of actions.

pounded.

Stock to be

SECTION 4. It shall be lawful for any person or persons to Such stock take up and impound any live stock so running at large in may be imsaid School District No. 10, and it shall be the duty of such Notice of person or persons to give notice, immediately, to the owner or impounding. owners thereof, if known, and if unknown, to post five notices of the impounding of such stock, describing the same, at the most public places in said School District No. 10. If the owner or owners receiving such notice shall not, within five days advertised after such notice appear, and pay the fine, and fifteen cents per for sale in day for the keeping of each animal impounded, then the per- owner with11 in 5 days son who has impounded the same shall advertise and sell after lavice. said stock at public sale to the highest bidder therefor, on five Notice of days notice, and after paying said fine and the expense of sale. keeping, shall pay over the balance of the money arising from said sale, to the owner or owners of such impounded stock.

if not

shall be sold

to be depos

clerk of

peace of Sus

If the owner or owners of such stock be unknown, and said How stock notices be posted as aforesaid, and no one appears to claim the if owner be same, the justice of the peace residing in Broadkiln hundred unknown. shall make an order for any constable of said county to advertise and sell said stock at public sale as aforesaid, and after paying the said fine and expenses of keeping, and legal fees Fine &c., for advertising and selling, and fifty cents to the justice for deducted. making said order, shall deposit the balance with the clerk of Net proceeds the peace, for Sussex county, who shall hold the same for the ited with benefit of the owner or owners for one year if such owner or owners appear before him and prove their right to the same, and if no owner or owners appear in that time, he shall then pay over the same to the school committee of said District claimed, to be No. 10, for the benefit of the free school in said district; pro-paid school vided that the damages awarded against the owner or owners the district. of such impounded stock shall be paid out of the fund in the Proviso. hands of said constable before he shall deposit the same with Damages the clerk of the peace. In any suit for damages under this ducted. act, the justice shall appoint three referees, residents of said Damagesed school district, who shall assess the same and report in by referees writing, to said justice who shall render judgment thereon. justice of

sex county for one year. If not

committee of

be

appointed by

peace.

If the owner of any stock impounded as aforesaid appear when ownand file an affidavit that he did not allow such stock to run at ers of strays large, and that said stock had escaped from his enclosure same restored without his knowledge, then such stock shall be delivered to fine, &c.

Penalty for
pound-
breach.

Trial.

Fine, $5

Act not to

OF THE GENERAL POLICE.

such owner without any fine or charge for said impounding,except for the keeping, and the constable's and justice's fees.

SECTION 5. That any person or persons who shall, by force or otherwise, willfully and unlawfully take or procure to be taken from the place of impounding, any animal impounded as hereinbefore provided, shall, upon complaint made and filed with any justice of the peace in said county, (the person making such complaint having first been duly sworn or affirmed,) be tried by said justice of the peace, and if, after a hearing, he shall be found guilty of said offence, he shall be fined by the said justice in the sum of five dollars, one half for the use of the person making such complaint, and the balance for the use of said school district. The said fine shall be collected in the same manner, and the costs shall be the same as is provided by law for the collection of other fines imposed by justices of the peace.

SECTION 6. That nothing in this act shall be construed to Peedings Pun-interfere with or prevent parties from proceeding with such der the gen- stock as is provided in the laws concerning strays.

eral law.

Passed at Dover, March 21, 1877.

1

CHAPTER 401.

OF DITCHES.

Volume 13, AN ACT to amend chapter 444, volume 13, of the Laws of Delaware, entitled, " of Ditches."

423.

Section 2, of
chapter 444,

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

SECTION 1. That section two, of chapter 444, volume 13, volume 13, of the Laws of Delaware, be and the same is hereby stricken and supplied. out and the following inserted instead thereof: "Section 2.

stricken out

The commissioners shall take with them a competent surveyor, shall specify the courses, distances, and size of every ditch Employ sur- they shall lay out, the estimated cost of making the same,

OF THE GENERAL POLICE.

return.

the damages, if any, and to whom payable, and the proportion each person, benefited, shall pay. They shall make return in writing, with a plot showing by general delineation, without Make survey, the boundary lines of the low grounds, and of each Plot. taxable's proportion thereof, or of any land benefited and the estimated number of acres. The commissioners and surveyor shall be sworn to the faithful and impartial discharge of their Oath. duty. All must act, but a majority may decide any matter. All to act; And whenever any new ditch is made to substitute or supply may decide. an old one in whole or in part, or whenever an old ditch is widened, deepened or otherwise improved, it shall be lawful for the said commissioners to make the owner of any land owner may bordering on the same or through which the same may run, a fair and proper abatement of his taxes for work done by him ment of on the old ditch, whereby the cost of the new or improved one may be diminished."

Passed at Dover, March 12, 1877.

majority

When land

be allowed an abate

taxes.

CHAPTER 402.

OF ROADS AND BRIDGES.

AN ACT authorizing the vestry of Saint John's Protestant Episcopal Church at Greenville, in Sussex county, to change and straighten a certain public road in Gumboro hundred.

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

at

SECTION 1. That the vestry of Saint John's Protestant Vestry of St. Episcopal Church at Greenville, in Sussex county, be and is John's P. E. hereby authorized to change and straighten the public road in Greenville, Gumboro hundred leading from the town of Laurel to the county, to village of Gumboro where the same passes through the lands straighten a of the said church, and when they shall have made the change lic road; in said road as contemplated in this act as good for public use as the other parts of the aforesaid road, they may close up When old and vacate that part of the old road supplied by the new one, vacated.