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Districts Nos. 27 and 122 in Kent county aforesaid, and shall Taxation. be subject to taxation and all other duties and shall have all the privileges pertaining to property in United School Districts Nos. 27 and 122 in Kent county, and they are hereby relieved and discharged from the same in United School Districts Nos. 22 and 99 in Kent county.

SECTION 2. That this act shall be deemed and taken to be a public act.

Passed at Dover, February 17, 1891.

CHAPTER 84.

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AN ACT to repeal an act entitled "An act to transfer the land, houses and premises of Anna Voshell from United School Districts Nos. 22 and 99 to United School Districts Nos. 27 and 122 in Kent county."

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

SECTION I. That an act entitled, "An act to transfer the Act repealed land, houses and premises of Anna Voshell from United School Districts Nos. 22 and 99 to United School Districts Nos. 27 and 122 in Kent county," passed at Dover, Feb. 17th, 1891, be and the same is hereby repealed.

Passed at Dover, April 20, 1891.

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School dis

idated.

CHAPTER 85.

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AN ACT to consolidate School Districts Nos. 19 and 115, in Kent County, and to provide for building a School House, and for other purposes.

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

SECTION 1. That from and after the passage of this act tricts consol- School Districts No. 19 and 115, in Kent county, shall be consolidated and united and shall be called United School Districts Nos. 19 and 115, in Kent county.

Commission

SECTION 2. That Benjamin C. Cubbage, James Williams and Owen H. Nickerson shall be and they are hereby appointed commissioners to go into said United School Districts Nos. 19 and 115, in Kent county, and shall determine the location for a schoolhouse for said united school districts, and Surveyor. shall call to their assistance a competent surveyor, and shall

lay off not exceeding two acres of land for the use of said Damages. united school districts, and shall award damages to the owner,

or owners, which shall not be less than five dollars per acre, and shall make a plot of the land so taken and condemned, Return. and shall make return of their proceedings to the Levy Court of Kent county at its next regular or adjourned session, to be filed and kept as a record in the office of the Clerk of the Peace in and for Kent county. Said plot and return shall be evidence in all matters in relation to said United School Districts to which it is pertinent. If a Vacancies, vacancy shall happen in the commissioners by reason of how filled. death or refusal to serve, the Levy Court may fill the

vacancy by the appointment of another or others not residents of the said united school districts to fill his or their places. If any person whose land has been taken, as aforesaid, is dissatisfied with the amount of damages awarded to them by the said commissioners, they may give notice in writing to the school commissioners of said United School Districts, stating the amount of damages they want for the land taken, and if the said school commissioners shall not accept and pay the amount proposed by such owner of the land so taken within ten days, then the owner or owners whose land has been taken may, within ten days

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award.

after the expiration of the ten days in which the said school commissioners had for accepting said offer made by such owner or owners, give notice in writing to said school commissioners of said united school districts that they would appeal to the Levy Court of Kent county on the Appeal from first day of the next regular or adjourned session of said Levy Court for the appointment of three other commissioners to review the award of damages. And it shall be the duty of said Levy Court to appoint three persons resid- Duty of ing in Kent county, not residents of said united school Levy Court. districts, whose duty it will be to go upon said lot, laid off as aforesaid, and review the damages awarded, and if the commissioners shall not increase the award of damages all expenses of said review shall be paid by the person or persons making the application for the review, but if the said commissioners shall increase the award of damages. the cost Costs, how of review shall be paid by the united school districts and paid. the damages awarded, which shall be final. The first Notice of notice by the owner or owners of their dissatisfaction of tion. the award and stating the amount of damages wanted by them shall be made within ten days after the filing the plot and return in the office of the Clerk of the Peace. The commissioners appointed by the Levy Court shall Return. make return of their proceedings, stating the amount of damages awarded by them, to the Clerk of the Peace, to be filed in his office. The commissioners and surveyor shall be sworn or affirmed. The commissioners shall be allowed Compensatwo dollars each for each day employed in determining, locating and laying off site for said schoolhouse, and in making return of their proceedings, and they shall fix the compensation of the surveyor in making survey and plot not exceeding fifteen dollars. The commissioners appointed by the Levy Court to review the award of damages shall be allowed two dollars each for their services. The fees allowed in other like cases, or fees for equal amount of labor, shall be allowed to the Clerk of the Peace.

dissatisfac

tion.

meeting.

SECTION 3. That the annual meeting for said United Annual School Districts Nos. 19 and 115 for the present year, 1891, shall be held at the schoolhouse in District No. 115 on the first Saturday in April, at the hour now fixed by law for holding the annual meetings and in the same manner, and the said annual meetings shall be held at the same place in each year until a schoolhouse shall be erected, and when the new schoolhouse shall be erected then at said new schoolhouse.

Notice of meetings.

officers.

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The present school commissioners in each district shall give. notice in their respective districts accordingly. The office of the school commissioners in each of said Districts Nos. 19 and 115 shall cease and determine on the first Saturday in April, 1891, and the school voters in said United School DisElection of tricts Nos. 19 and 115 shall elect three commissioners, one of whom shall be clerk, one to serve for one year, one for two years, and one for three years. The voters of said united school districts shall, at each annual meeting thereafter or otherwise, elect one commissioner to serve for three years. Vacancies. If any vacancy shall occur by refusal to serve, or by death, resignation, removal from said united districts, or otherwise, the remaining commissioners or commissioner may fill the vacancy or vacancies until the next annual meeting or special meeting and until their successors are duly chosen. The voters may, at any annual or special meeting, fill the vacancies for the unexpired term.

Moneys paid over

Assessment

and collec

SECTION 4. That all moneys now in the hands of the school commissioners of Districts No. 19 and 115, and all moneys due and owing to either of said school districts, shall be paid over to the school commissioners of United School Districts Nos. 19 and 115, and may be used for running schools or for the building a schoolhouse for said united school districts.

SECTION 5. That for the year 1891 there shall be assessed, tion of taxes levied and collected the amount required by law to be assessed, levied and collected by two districts, and that after the anuual meeting in eighteen hundred and ninety-two the taxes shall be assessed, levied and collected only to the amount required as one district.

School fund, how distributed.

Sale of old schoolhouse.

SECTION 6. That the Trustee of the School Fund shall in the years 1891 and 1892 distribute to said United School Districts Nos. 19 and 115, from the school fund, the same amount which the two districts would be entitled to had they remained separate, and after the year 1892 the said united school districts shall be entitled to a distribution from the school fund as one district.

SECTION 7. That the school commissioners of said united school districts shall have the power and authority to sell at public sale the schoolhouses in Districts Nos. 19 and 115 to the highest and best bidder for the same, and after deducting the costs and expenses of sale may apply the net proceeds of

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sale towards the erection of a schoolhouse, to be erected for Application the use of said United School Districts Nos. 19 and 115.

of proceeds.

SECTION 8. That nothing in this act shall affect the col- Uncollected lection of any taxes now remaining uncollected, but the taxes. same may be collected by the commissioners of United School Districts Nos. 19 and 115 in Kent county in the respective names of District No. 19 and District No. 115, and all moneys due and owing from any person to either of said school districts may be collected by proceedings at law in the same manner, and the passage of this act shall in no wise discharge any debt due to either school district, nor shall Debts of either of said school districts be discharged from liability to any person for any debt due and owing by either of said districts, but any such liability shall continue and shall be assumed and paid by the United School Districts Nos. 19 and 115 in Kent county out of any money in the hands of the commissioners of said United School Districts Nos. 19 and 115 or that may come into their hands properly applicable to such debts.

district.

school laws

SECTION 9. That the general laws in relation to public General schools of this State shall be applicable to and shall govern applicable. United School Districts Nos. 19 and 115 in Kent county which are not inconsistent with this act.

Passed at Dover, March 26, 1891.

CHAPTER 86.

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AN ACT to repeal an act entitled "An act to Consolidate School Districts Nos. 19 and 115 in Kent county, and to provide for building a schoolhouse, and for other purposes," passed at Dover, March 26, 1881.

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

Act to con-
School Dis-

SECTION I. That the act entitled, "An act to consoli- solidate date School Districts Nos. 19 and 115 in Kent county and tricts Nos.19 to provide for building a schoolhouse and for other pur- pealed.

and 115 re

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