LAWS OF DELAWARE. CONSTITUTIONAL CONVENTION. CHAPTER 1. CALLING OF A CONSTITUTIONAL CONVENTION. AN ACT to provide an unexceptionable mode of ascertaining the sense of the people upon the question of calling a Constitutional Convention. Constitutional convention. WHEREAS, The subject of a Convention to revise and Preamble. amend the Constitution of this State has been agitated among the people; and WHEREAS, This General Assembly, without expressing any opinion as to the necessity of a Convention, deems it to be right and proper to afford an opportunity to the people to make their sense known by enacting such legislation as will better enable them to declare their will in relation thereto; therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: holding spe SECTION I. On the first Tuesday in November next, a Time of special election shall be held for the purpose of ascertaining cial election the sense of the people of this State upon the question of calling a Convention to change, alter and amend the Constitution of the State. At the said election the citizens of the State entitled to vote for Representatives may have written or printed on their ballots the words "For a Convention," or Kind of "Against a Convention." Such ballots may be of any size and form, not exceeding the size now provided by law. ballot used. SECTION 2. That at said special election to be held as prescribed in Section 1 of this act, the inspectors and judges Inspectors chosen in the several hundreds throughout the State to hold and judges. Place and manner of. tion. CONSTITUTIONAL CONVENTION. the last general election, shall hold said special election. Any vacancy in the said offices shall be filled in the same manner as now prescribed by law. SECTION 3. Said election shall be held at the same places, holding the in the same manner and according to the same regulations, special elec- so far as they are applicable to the purpose of this act, as are prescribed concerning the general election, and all votes cast shall be tallied, canvassed and certified at the same times,* in the same manner, at the same places and by the same persons as is prescribed in the act entitled, "An Act regulating the General Election," and any amendments and supplements thereto, for certificates of the result of the General Election. The certificates shall contain a specific statement of the number of votes cast "For a Convention" and "Against a Convention." Certificates, SECTION 4. where returned. Duty of the sembly. The certificates of said election shall be returned to the General Assembly in the same manner, by the same persons and in the same way as the certificates of the election of Governor are now returned. SECTION 5. The General Assembly, to whom the said cerGeneral As- tificates have been delivered, shall, on the second Wednesday after its organization, meet in joint session in the hall of the House of Representatives and ascertain the result of the vote cast upon the calling of a Convention; and, if it shall appear from the certificates so returned as aforesaid, that a majority of all the citizens in the State, having right to vote for Representatives, have voted for a Convention, such majority to be ascertained by reference to the highest number of votes cast in the State at any one of the three general elections next preceding the day of voting for a Convention, except when they may be less than the whole number of votes voted both for and against a Convention, in which case the said majority to be ascertained by reference to the number of votes given on the day of voting for or against a Convention shall call a Convention and provide by law for the holding of an election for delegates to said Convention. Duty of the Sheriff and other off cers. SECTION 6. It shall be the duty of the sheriffs or other officers to whom the ballot-boxes used at said election are delivered according to law, to keep the said boxes and the ballots therein contained safely until after the meeting of the General Assembly next after the said election, and to hold the said boxes with the ballots therein, subject to the order of said General Assembly. Passed at Dover, April 6, 1887. *So enrolled. OF PASSING AND PUBLISHING LAWS. CHAPTER 2. OF THE PASSING AND PUBLICATION OF LAWS. AN ACT to Revive and Extend the Time of Recording Private Acts. WHEREAS, by Chapter 4 of Section 3 of the Revised Preamble. Statutes of the State of Delaware it is provided that private statutes (namely, such as are not of a public nature or published as such) shall be recorded in the Recorder's office in one of the counties of this State within twelve months after their passage or they will be void; and, WHEREAS, a number of the private and unpublished acts heretofore passed have been allowed to become void through ignorance of the aforesaid enactment, therefore for the purpose of relieving the parties interested of the embarassiments and disappointments arising from such neglect in the premises; therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch concurring therein): Time for re extended. SECTION 1. That all unpublished acts heretofore passed cording priwhich have not by special acts been repealed, and that have vate acts become void on account of not being duly recorded in compliance with the provisions aforesaid, be and the same are hereby severally renewed and re-enacted and together with the provisions therein contained are respectively declared to be in full force, and all acts and transactions done and performed under the provisions of said acts respectively shall have the same force and effect, and be as valid to all intents and purposes as if the said acts had been severally recorded according to law. Provided, that this enactment Proviso. shall not take effect in the case of any act that has become void as aforesaid until a certified copy thereof procured of the Secretary of State shall be duly recorded in the Recorder's Office of one of the counties of this State; and provided Further further, that no such copy of a voided act shall be received for record after the expiration of one year from the passage of this act. SECTION 2. This act shall be deemed and taken to be a Public act. public act and be published as such. Passed at Dover, April 21, 1887. TITLE FIRST. Of the Public Revenue and the Assessment, Collection and Appropriation of Taxes. Preamble. Further preamble. Proposal for CHAPTER 3. OF THE REVENUE OF THE STATE. AN ACT to Provide a Mode for the Refunding of a Part of the Public WHEREAS, it is apparent that the revenues of the State will be insufficient to provide the means for payment, at maturity, of the whole of that part of the public debt of this State represented by the three hundred bonds, of one thousand dollars each, designated as Series "B," by the act passed March 16, 1881, under authority of which they were issued, and WHEREAS, in view of the low rates of interest now prevailing on the public obligations of States whose public faith and credit have been maintained inviolate, it is considered probable that this State may negotiate a loan at the rate of interest of three per centum per annum; and it is therefore deemed judicious to provide a method for refunding two hundred and fifty (250) of the bonds of said Series "B" at the rate of three per centum interest per annum, so that the necessary authority may exist to effect such refunding in the event it shall prove practicable to do so; therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: SECTION I. That if any individual, firm, or corporation shall, on or before the twenty-fifth day of May, A. D. 1887, signify in writing to the State Treasurer a willingness and purpose to loan to the State the sum of two hundred and fifty thousand dollars at a rate of interest of three per centum; and shall also accompany such written signification OF THE REVENUE OF THE STATE. whole LOW made. with a certified check for the sum of five thousand dollars to the order of the State Treasurer as an earnest of the bona Guarantee. fides of such purpose and intention; and shall, also, on the said twenty-fifth day of May, A. D., 1887, and before the Payment of hour of three o'clock P. M., on that day deposit with the amount. said State Treasurer at his office in the town of Dover the when and further sum of two hundred and forty-five thousand dollars; either in cash or a check or checks duly certified, the said sum shall be received and accepted as a loan to the State of Delaware at the rate of three per centum per annum; and such loan shall be secured, principal and interest, by the bonds of the State, to be prepared, issued and delivered to the party so loaning the said sum, in the manner and subject to the condition hereinafter prescribed. State Treas Denomina character of bonds. where -Preparation SECTION 2. Immediately after the whole of said sum of t of two hundred and fifty thousand dollars shall have been bonds by received by the said State Treasurer as provided by the rer. preceding Section, it shall be and is hereby expressly made his duty forthwith to cause to be prepared two hundred and fifty bonds of the State of Delaware of the denomination of one thousand dollars each with coupons or interest warrants thereto attached for each half year's interest thereon. The tion and said bonds shall be numbered from 1 to 250 inclusive, shall bonds. be dated the first day of June, A. D. 1887, and shall bear Date of interest from and after that date at the rate of three per Rate of centum per annum, payable semi-annually on the first days of interest. June and December in each and every year while they remain When and unpaid, at the Philadelphia National Bank, in the city of payable. Philadelphia, on presentation of the coupon representing such semi-annual instalment of interest. The principal of the said bonds shall be payable on the first day of June, A. D. 1907, at Redempthe said Philadelphia National Bank on presentation and sur-made. render of the said bonds, but the same or any part thereof may be redeemed at the option of the State on any first day of June or first day of December in or after the year A. D. 1897, Notice upon thirty days' notice published in one newspaper in the city calling in of of Philadelphia and one newspaper in the State of Delaware, rds, how indicating by their numbers the bonds thereby called and elected to be redeemed. Provided, however, that in every call or calls so to be made by the said State Treasurer the bonds lowest in number shall be first called. The said bonds shall each be signed by the Governor, Secretary of State and How signed State Treasurer on behalf of the State, and shall have the and Great Seal impressed thereon or affixed thereto. The signature of the State Treasurer shall be engraved or printed on tion, when given of made. executed. |