SECT. 3. And be it enacted, That the aforesaid Appropriation for payment of sums, together with all sums of money, which now salaries, &c. are, or may hereafter come into the treasury of this State (not otherwise appropriated) shall be appropriated and applied to and in the following manner, that is to say, so much thereof as may be necessary, shall be applied to the payment of salaries due and to become due to the governor, chancellor, judges of the Supreme court, judges of the Court of commonpleas, attorney general, secretary, and auditor of accounts, up to the first day of January, which will be in the year of our Lord, One thousand eight hundred and five; and so much thereof, as may be necessary, shall be applied to the payment of the daily allowance of the members of the General assembly, their clerks and other expenses, and for printing the laws passed at this session of the General assembly, and the votes and proceedings of the two branches thereof, and the residue, if any, shall be applied to the payment of any sums of money, due to the citizens of this State, for which provision shall be made by law. Residue for debts due to payment of citizens. mortgages, appayment of depreciation cer propriated to SECT. 4. And be it further enacted, That the State Money due on treasurer be, and he is hereby directed and requir- loan-office ed, to pay the principal and interest of all such depreciation certificates, as have been issued by this State, and are still due and unpaid, out of any money which he may hereafter receive for mortgages due and undischarged in the loan offices of the several counties of this State. Passed at Dover, January 24, 1804. tificates. СНАР. CLIV. 1804 See chap. 70. 198. 215 a. 1st vol.451. 522. Preamble. Three rence viewers may hereafter act, &c. . CHA P. CLIV. "An An additional Supplement to an act, entitled, W bly, entitled, HEREAS by an act of the General asser"An act for regulating fences within this government," power is given to the justices of the Courts of general quarter sessions of the peace, to be held in the month of May, in every year, to nominate and appoint so many proper persons as they shall think fit, for each hundred in each county, respectively, as fence viewers, but have not defined any particular number that may have power to transact or do business, under the directions of said act, whereby many of the citizens of this State have sustained considerable injury, by not being able to convene all the fence viewers appointed for a hundred, at one time and place; and also by reason of procuring two justices of the peace to carry into effect some parts of the above recited act, for remedy whereof, SECTION 1. BE it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That any three fence viewers, or a majority of them, appointed or hereafter to be appointed, under the direction of the act to which this is an addition supplement, be, and they are hereby impowered to do and perform all and every act, matter and thing, enjoined upon the fence viewers in said act, and that any one justice of the peace, is hereby vested with the full powers to do and perform all the duties enjoined upon two justices of the peace in said act. SECT. 2. And be it enacted, That all reports to be Reports under L.12.cognizable made by the fence viewers to any justice of the peace, before justices to the amount of thirty-two dollars and under, shall be proceeded on in the same manner that debts under twelve pounds are recoverable. of the peace. their compen SECT. 3. And be it enacted, That the fence Fence viewers, viewers shall be allowed, for their services, the sum sation. of thirty-three cents, over and above the sum allowed them in the act to which this is an additional supplement. warrants to them when ap pointed, &c. SECT. 4. And be it enacted, That the clerk of the Clerks of the peace in each of the counties of this State, is here- peace, to issue by required to issue a warrant, under his hand and seal, to each of the fence viewers, that may be hereafter appointed in the hundreds of the counties, respectively; and shall also write and sign a number of advertisements equal to the number of fence viewers appointed in each hundred, giving notice of the persons appointed in the hundreds respectively, who shall have for his services a reasonable compensation, to be adjudged of and allowed by the Levy court. Passed at Dover, Jan. 24, 1804. CHAP. CLV. "An act altering, Chap. 138. 3d. A Supplement to an act, entitled, " An act altering the mode of repairing and supporting the roads and vol. p. 301. bridges in the several hundreds of the county of New-Castle." SECTION 1.B Representatives of the State of ery of the com BE E it enacted by the Senate and House of Additional pow 343. 4th vol. Delaware, in General Assembly met, That the com- missioners of missioners of the roads in the several hundreds in the roads. the county aforesaid, shall and they are hereby 1st. vol. 402. required, at the first, or some subsequent meeting 410.411. 3d vol. after the passing of this act, by writing under their 407. hands, or any two of them, to demand from the justice or justices, constable or constables, collector or collectors, overseer or overseers of the roads, CHAP. 1904 Commissioners to adjust the claims of the overseers under former laws, and to pay the same by order on the collector, &c. their duty in case of deficiency. them or either of them, their heirs, executors or administrators, the books, papers, vouchers and other documents, relating to or in any wise appertaining to the levying, collecting and settlement of the taxes for the support of the roads in the respective hundreds of such commissioners, and the said justice or justices, or any other persons having such books, papers, accounts, settlements, or other vouchers, or any of them, are hereby required, forthwith, to deliver the same to the said commissioners, whole, entire, and undefaced, taking a receipt for the same, and the said books, accounts and papers so received, by the said commissioners, shall be by them filed, kept and preserved, in like manner as the books and papers directed to be provided under the act to which this is a supple ment. SECT. 2. And be it enacted by the authority aforesaid, That the commissioners in the respective hundreds shall be, and they are hereby authorized and required to settle and adjust the claims and demands of the several overseers of the roads or other persons, for labour performed, articles furnished, or money expended in supporting the roads in their respective hundreds, under the former laws of this State (where a final settlement shall not already have been made) and the balances found due to the individuals respectively, to pay by orders on the collector, as in other cases. SECT. 3. And be it further enacted, That if the baCommissioners, lances remaining in the hands of the collectors of the road taxes, for the preceding years, in any of the hundreds of the said county, after a final settlement of their accounts, shall be found inadequate to the discharge of the sums found due to the several persons acting under the former road laws, the commissioners of such hundreds shall, and they are hereby required, in addition to the sum necessary for the support of the roads for the ensuing year, to levy and collect so much as will satisfy the debts due from said hundred, under the former road laws and discharge the same, by orders on the collector as aforesaid. CHAP. 1804. Commissioners SECT. 4. And be it further enacted, That the commissioners of the roads in the respective hundreds to certify cerin the county aforesaid, making the rate for the re- tain of their spective hundreds, to form a fund in the hands of proceedings, annually, to the collector for supporting the roads as before men- the auditor. tioned, shall annually certify the proceedings therein, and carefully transmit the same to the auditor of accounts, within one month after making the same rate; and also it shall be the duty of the commissioners aforesaid, drawing orders under the authority of the act to which this is a supplement, annually to certify and carefully to transmit to the said auditor of ac counts, on or before the second day of the spring term of the Court of common pleas for the said county, a true and correct list of each and every order so drawn, specifying its number and date, the sum drawn for, the name of the person to whom to be paid, and the name of the collector required to pay the same. missioners. SECT. 5. And be it enacted, That in the month of Collectors shall April, annually, the collector of the road-tax of the settle annually preceding year, in every hundred of the county with the comaforesaid, shall appear at a place to be appointed by the commissioners of the respective hundreds, with his books and vouchers, and shall lay before them a statement of his accounts, which shall be adjusted by the said commissioners, who shall allow him for his trouble for collecting and paying over the said tax, a sufficient compensation, not less than five, nor more than ten per centum, on the nett sum collected Settlement to or accounted for, which with their other proceedings, be transmitted the said commissioners shall transmit to the auditor of to the auditor. accounts. with the audi SECT. 6. And be it enacted, That the aforesaid Collector shall collectors shall annually, during the spring term of annually settle the Court of common pleas, or at any other time tor. the auditor of accounts may appoint, attend at the town of New-Castle, and lay before him a full state |