ar CHA P. XXXII. An ACT to revive the proceedings of the commissioners W СНАР. XXXII. 1799 THEREAS doubts have arisen whether the Preamble. proceedings of the commissioners of the land-office in Kent county, are not discontinued and put without day, by reason of the non-coming of the commissioners aforesaid, or of any one of them, at the days appointed by them for holding their terms agreeably to the powers to them given by the acts of the General Assembly of this State : BE it therefore enacted by the Senate and House of Representatives of the State of Delaware, in General Revival of proAssembly met, That every caveat, process, proceed- ceedings. ing and other matter whatsoever, that were depending before the commissioners of the land-office in Kent county, and are now become discontinued, abated, and put without day, by reason of the noncoming of the commissioners aforesaid, or any one of them, shall be, and the same are hereby revived and continued, and shall and may be heard, tried and determined, before the commissioners of the landoffice in the said county, at the terms and times by them appointed and hereafter to follow, in as full and ample manner, to all intents and purposes whatsoever as they might or could have been if such caveat, process, proceeding and other matter had not been determined by the means aforesaid; and the recorder of deeds in each county in case of the non-attendance of the commissioners aforesaid, or of any one of them, is hereby authorized and empowered at the times and places prescribed by law, and the rules of the said commissioners, for the holding their terms respectively, to open and adjourn the said boards respectively, in the same manner and to the same effect as if the said commissioners or any one of them were present. Passed at Dover, January 25, 1799. Recorder of ered to adjourn. deeds empow CHAP. 1799 Preamble. Method to be taken for the es tablishing any copy of an origi nal record lost. CHAP. XXXIII. An ACT for supplying the loss of records in particular WH cases. THEREAS in the year of our Lord one thousand seven hundred and seventy-seven, during the late war, the enemy then invading this State, seized and carried away many of the records for the county of New-Castle, which have not been recovered, and the mischiefs arising from such loss, ought as reasonably and justly as may be to be remedied: BE it therefore enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That if any person shall present to the judges of the Supreme court, any instrument of writ ing purporting to be a copy of a patent, deed, will, letters testamentary or of administration, or account admitted in the Orphans court, or any proceeding of a Court of record in that county; and shall by an application in writing request the judges aforesaid to confirm and establish such instrument as a true copy respectively of such patent, deed, will, letters testamentary or of administration account or proceeding, it shall and may be lawful for them, to make enquiry, and by all lawful ways to examine whether the said instrument is a true copy of an original, lost as aforesaid, and if upon such enquiry and examination, it shall satisfactorily appear to them, that the instrument exhibited as aforesaid, is a true copy of an original lost as aforesaid, they shall confirm and establish the same accordingly by a writing under their hands and seals, therein ordering the same to be lodged in the register's or recorder's office in that county, as they shall judge most suitable, where it shall be forthwith recorded in one of the books of such office, and safely kept among the other records, and the copies thus confirmed and established, and the entries thereof in the books aforesaid, are hereby declared to be public records of this State. CHAP. XXXIIL w 1799 Provided always, That before any enquiry and examination shall be made as aforesaid, the person applying as aforesaid shall publish once each week for six weeks in some news-paper within this State, and Proviso. also in some news-paper in the city of Philadelphia, an advertisement fully stating the nature of his application, mentioning the time and place when and where the Judges are to make the enquiry and examination aforesaid, thus giving notice to all persons who may suppose themselves to be interested in the premises, to appear before the Judges aforesaid, and make their objections, if any they have to make, why the instrument aforesaid should not be confirmed and established as aforesaid. Passed at Dover, January 29, 1799. 73 CHA P. XXXIV. An ACT directing the time of service of the Auditor of SECTION 1. E it enacted by the Senate and House of Representatives of the 1799 State of Delaware, in General Assembly met, That Auditor to hold every Auditor of accounts hereafter to be appointed, the office five shall hold the said office of auditor for the term of five years. years, to be computed from the date of such appointment, This section reand from thence to the end of the next session of the pealed, 4th vol. General assembly, if so long he shall behave himself well in the said office. SECT. 2. And whereas the time appointed for the auditor to attend annually at the county-towns of this State, for the purpose of settling the accounts of the county treasurers as treasurers of the poor, by the second section of the act of assembly, entitled, An act for extending the powers of the Auditor of public accounts to the settlement of the county, road, and poor taxes, K 582. 1 СНАР. XXXIV. 1799 county towns in the month of &c. within the State, is found to be inconvenient: Be it therefore enacted, That instead of the month of February in the said section mentioned, it shall and may To attend at the be lawful for the Auditor, and he is hereby required and directed to attend in the month of October* annualOctober annually, after the passing of this act, at the respective counly. ty towns of this State, to wit; New-Castle, Dover and George-Town, and then and there do and perform the *In the spring several duties enjoined upon him in and by the said recited section, and in the same manner as is therein directed. term of the Court of comcon pleas 3d vol. 139. County Trea ty. SECT. 3. And be it further enacted, That the sevesurers, their du ral county treasurers and treasurers of the poor within this State, shall after the passing of this act render their annual accounts to the auditor in dollars and cents, and shall state in their said accounts of the receipts of money, the time, the persons, the sums, and on what account received, and in their accounts of payments shall also state the time when, the person to whom, and the sum paid, and the county treasurers shall also state in their said accounts, the time when any allowance(for which they claim credit) was made by the Levy court. Secretary to returns to the Auditor, &c. SECT. 4. And be it further enacted, That from and make quarterly after the passing of this act, the secretary of State shall make quarterly returns to the auditor, of all monies received by him, for and on account of the State, and shall pay the same over to the State treasurer; and shall in the month of December in every year appear in the auditor's office, and then and there lay a general account, stating all his transactions for the year before the auditor, who shall proceed forthwith to adjust the same; and the said secretary shall discharge himself of all monies which shall come to his hands, in pursuance of his office. Clerk of the SECT. 5. And be it further enacted, That the clerk of the court of Quarter sessions, in each of the counsions, his duty. ties in this State, shall in one month after the rising of the court in the spring term, make a return of all tavern licences granted by the court in the respective counties, and transmit the same to the auditor's office. SECT. 6 And be it further enacted, That the Governor of the State for the time being, shall cause the Secretary to make a list of all marriage licences which shall be signed by him, which list shall be numbered and signed by the Governor, countersigned by the Secretary, and by him transmitted to the Auditor's office. SECT. 7. And be it further enacted, That the Secretary of State shall in three months after the passing of this act make a regular list of all the marriage licences that are or may be in his possession, or that he may have distributed throughout the State, and are not disposed of, which list he shall return into the Auditor's office within the time herein before recited. СНАР. 1799 Secretary to return a list of marriage licen ces to the Auditor. deeds, his duty. SECT. 8. And be it further enacted, That the Recorder of deeds in each county of this State be, and he is hereby required and directed to make a list of all re- Recorder of ceipts received by him from the State treasurer, or that he may hereafter receive, for monies paid to him on account of vacant lands, which list shall specify therein the date and name of the person or persons paying the same, and the amount of the sum paid. Part of former SECT. 9. And be it further enacted, That so much of the act, entitled, An act to enjoin certain duties to be performed by the Secretary of State, and for other pur- act repealed, poses, as is hereby altered or amended, be, and the same is hereby repealed, made null and void. Passed at Dover, January 30, 1799. 2d vol. 1064 |