USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 29
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Ordered to lie on the table.
The bill entitled "An act to provide for the appropriation of such certificates of depreciation as have not been claimed by the persons justly entitled to the same," was read a second time and deferred for further consideration.
The bill entitled "An act for limiting the time of holding the Courts of Quarter Sessions of the Peace and Goal Delivery in the respective Counties of this State," was read a second time and deferred for further consideration.
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The bill entitled "An act to regulate marriages," was read a second time and deferred for further consideration.
A member of the House of Assembly was admitted and deliv- ered to the Chair a bill entitled "An act to continue in force an act entitled 'An act to increase the daily allowance to Grand and Petit Jurors and Witnesses;' " which was read.
Ordered to lie on the table.
The Council proceeded to the consideration of the bill entitled "An act to empower John Warren, administrator de bonis non of Henry Killen, deceased, to convey to Reynear Williams, admin- istrator of Elijah Sipple, deceased, certain tracts of land situate in Mispillion Hundred, Kent County;" which, being read the third time, by paragraphs, and amended, passed the House.
Ordered, That the said amendments be transcribed and sent, with the bill, to the House of Assembly for their consideration and concurrence.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
Mr. Speaker laid upon the table a petition of John Darby, of Sussex County, read in the House of Assembly the 19th of Jan- uary, 1785, setting forth the loss of a certificate, No. 18, for the sum of sixteen pounds nineteen shillings and six pence, signed by Peter White, Receiver General of Supplies for Sussex County, and a report of the Auditor thereupon; which said certificate is since found and now produced before Council; therefore
Resolved, That the said petition and report be dismissed.
By special order,
The bill entitled "An act for limiting the time for keeping open the Courts of General Quarter Sessions of the Peace and
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THE DELAWARE STATE, 1788.
Goal Delivery of the respective Counties of this State," was read the third time by paragraphs and passed the House.
Mr. Shankland, a member of the House of Assembly, was ad- mitted and presented to the Chair the following papers, which were read: A petition of Frederick Craig and Co., and a resolu- tion of that House upon the same, for the payment of twenty pounds to the said Craig and Co., to assist in the establishment of a post to ride from Wilmington to Lewestown, and for sundry services.
Ordered to lie on the table.
By special order, the bill entitled "An act to continue in force an act entitled 'An act to increase the daily allowance to Grand and Petit Jurors and Witnesses,' " was read a second time.
The said bill was read a third time, by paragraphs, and passed the House.
By special order,
The bill entitled "An act to appropriate marriage and tavern licenses," was read the third time, by paragraphs, and passed the House.
Ordered, That Mr. Polk wait on the House of Assembly and deliver the three last mentioned bills, for the consideration and concurrence of that House.
On motion,
Resolved, That Council concur in the resolution of the House of Assembly upon the petition of Frederick Craig and Co., for the payment of twenty pounds to assist in the establishment of a post, &c.
Adjourned to 10 o'clock to-morrow morning.
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SATURDAY, A. M., June 7, 1788.
Council met.
Ordered, That the last mentioned petition and resolution be sent to the House of Assembly by Mr. Horsey.
Mr. Speaker laid before Council a resolution of the House of Assembly, which was read, as follows:
IN THE HOUSE OF ASSEMBLY, FRIDAY, P. M., June 11, 1788.
On motion,
Resolved, That it is the intention of this House to conclude the present sessions to-morrow evening by adjourning the same to a distant day.
Ordered, That Mr. Latimer wait on the Council with a copy of the above resolution for their information.
JAS. BOOTH, Cl'k of Assembly.
On motion made and seconded, for leave to bring in a bill for the purpose of directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and pre- scribing a time for their return on writs of fieri facias, the same was granted; whereupon Mr. Read laid before Council a bill for that purpose; which was read.
Ordered to lie on the table.
Mr. Polk, a member of the House of Assembly, was admitted and delivered to the Chair a bill entitled "An act for altering the place of holding the general election, for the present year, in the County of Sussex;" which was read.
Ordered to lie on the table.
The bill entitled "An act to empower the executors of the tes- tament and last will of Richard McWilliam, the younger, late of New Castle County, deceased, to convey, in trust for the heirs and representatives of Patrick Lyons, deceased, a certain tract or parcel of land situate in Appoquinimink Hundred, in the County
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of New Castle," was read a second time and deferred for further consideration.
Council proceeded to consider the communication of the Audi- tor, of the 4th of June, 1788.
The bill entitled "An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for returns on writs of fieri facias," was read a second time and deferred until this afternoon for furtlier consideration.
The bill entitled "An act for altering the place of holding the general election for the County of Sussex for the present year," was read a second time and deferred for further consideration.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Council met.
The Council resumed the consideration of the bill entitled "An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for returns on writs of fieri facias," and the same being read the third time, by paragraphs, and amended, passed the House.
Ordered, That Mr. Cook wait on the House of Assembly with the same for their consideration and concurrence.
Mr. Hazzard, a member of the House of Assembly, was ad- mitted and delivered to the Chair the following verbal message, viz:
The House of Assembly propose to the honorable the Council that both Houses of the General Assembly meet, at four o'clock in the afternoon, in the Council Chamber, to put in nomination persons out of whom shall be elected, by ballot, a Justice of the Court of Common Pleas and Orphans' Court for the County of
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Sussex, to supply the place of John Laws, Esquire, deceased, late third Justice of the said courts.
Saturday, A. M., June 7, 1788.
By special order,
The bill entitled "An act for altering the place of holding the general election, for the present year, in the County of Sussex," was read the third time by paragraphs and passed the House ..
Ordered, That the same be returned to the House of Assem- bly by Mr. Laws.
Mr. Massey, a member of the House of Assembly, was admit- ted and returned the bill entitled "An act for limiting the time for keeping open the Courts of General Quarter Sessions of the Peace and Goal Delivery in the respective Counties of this State," rejected by that House.
Adjourned to Monday morning, 10 o'clock.
MONDAY, A. M., June 9, 1788.
Council met, and proceeded to the consideration of the resolu- tion on the memorial of Thos. Rodney, Esquire, executor of the testament and last will of Casar Rodney, Esq., deceased; which was read, and several amendments being proposed and agreed to,
Ordered, That the same be transcribed and sent to the House of Assembly for their consideration and concurrence.
Mr. Speaker laid before Council the. following resolution, which was read:
IN THE HOUSE OF ASSEMBLY, SATURDAY, A. M., June 7, 1788.
On motion,
Resolved, That copies of the acts of Assembly of this State be delivered to George Read, Esquire, to enable him to commence
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THE DELAWARE STATE, 1788. .
and complete the revision of the laws of this State, agreeable to his contract with the General Assembly; and that James Booth be appointed to procure such copies, and the expenses that may be necessarily incurred therein shall be defrayed by this State.
That an order be drawn by the Speakers of both Houses upon the Trustee of the Loan Office for New Castle County for the immediate payment of one hundred and forty-five pounds, eleven shillings and six pence to the said George Read out of the interest monies of the said office, being the principal, interest, and costs of the two mortgages, as specified in the proposition made by the said George Read, communicated to the General Assembly on the third of February, 1787, and accepted and agreed to by the House of Assembly and Council on the 31st day of January and the Ist day of February last. And in case of death or any other event that shall prevent the said George Read from executing the said work of revision, that the said sum be accounted for by him, his heirs, executors, or administrators.
Sent for concurrence.
JAS. BOOTH, Cl'k of Assembly.
Mr. Shankland, a member of the House of Assembly, was admitted and returned the bill entitled "An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for returns on writs of fieri facias," concurred in by that House.
Ordered that the said bill be engrossed.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Mr. Gordon, a member of the House of Assembly, was admit- ted and presented to the Chair a bill entitled "An act to incor- porate the Members of the Library Company of Wilmington;" which was read.
Ordered to lie on the table.
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The Council proceeded to consider the bill entitled "An act to empower the executors of Richard McWilliam, the younger, de- ceased, to convey, in trust for the heirs and representatives of Patrick Lyons, deceased, a certain tract or parcel of land situate in Appoquinimink Hundred, in the County of New Castle;" which, being read the third time, by paragraphs, and an amend- ment proposed and agreed to, passed the House.
Ordered, That the said amendment be transcribed and sent, with the bill and the resolution for a draught on the Loan Office of New Castle for the payment of one hundred and forty-five pounds seventeen shillings and six pence to George Read (which said resolution was concurred in by Council), to the House of Assembly.
Mr. Massey, a member of the House of Assembly, was admit- ted and presented to the Chair the resolution upon the memorial of Thomas Rodney for a reexamination of the Loan Office Ac- counts of Kent County, with the amendments acceded to by that House.
Ordered, That Mr. Cook wait on the House of Assembly and return the same.
By special order,
The bill entitled "An act to regulate marriages," was read the third time, by paragraphs, and some amendments being proposed and agreed to, passed the House.
Ordered, That the said amendments be transcribed and sent, with the bill, to the House of Assembly, for their consideration and concurrence.
Adjourned to 10 o'clock to-morrow morning.
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TUESDAY, A. M., June 10, 1788.
Council met.
Mr. Vining, a member of the House of Assembly, was admit- ted and presented to the Chair a bill (which was read) entitled "An act to continue in force an act entitled 'A supplement to an act entitled 'An act for the more easy and speedy recovery of small debts,' passed February 5, 1785, and for other purposes."
Ordered to lie on the table.
The bill entitled "An act to incorporate the Library Company of Wilmington," was read a second time and deferred for further consideration.
Mr. Polk, a member of the House of Assembly, was admitted and presented to the Chair a report of a committee upon the petition of Maurmas Haughey, and an order of that House upon the same, sent for concurrence.
Ordered to lie on the table.
Mr. Hayes, a member of the House of Assembly, was admit- ted and delivered to the Chair two reports of the Auditor of Accounts, dated June the 5th and 6th, 1788, concurred in by that House, and sent for the concurrence of Council; which were read.
Ordered to lie on the table.
Ordered, That Mr. Cook wait on the House of Assembly and deliver the following verbal message, to wit:
The Council, in answer to the proposal made by your honora- ble House on Saturday last, respecting the putting in nomination persons to be balloted for as a Justice of the Court of Common Pleas and Orphans' Court for the County of Sussex, to supply the place of John Laws, Esquire, accede to the same, and pro- pose three o'clock this afternoon as the time for the meeting of both Houses in the Council Chamber.
Adjourned to 3 o'clock.
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EODEM DIE, P. M.
Council met.
Mr. McCall, a member of the House of Assembly, was admit- ted and delivered the following verbal message:
The House of Assembly will meet the honorable the Council half an hour hence, in the Council Chamber, for the purpose expressed in their verbal message of this day.
The bill entitled "An act to continue in force an act entitled 'A supplement to an act for the more easy and speedy recovery of small debts, &c.,'" was read a second time and deferred for further consideration.
The Council and the House of Assembly met, in the Council Chamber, and proceeded to the nomination of persons to be balloted for as Justices of the Court of Common Pleas and Or- phans' Court for the County of Sussex, as follows: John Clowes, Esquire, was proposed for third Justice, and Alexander Laws, Esquire, for fourth Justice.
Resolved, That both Houses separate for the space of ten minutes, and that they then meet and proceed to the election aforesaid. ..
Agreeable to order, the Council and the House of Assembly met in the Council Chamber.
Ordered, That Mr. Vining, Mr. Grantham, and Mr. D. Polk be a committee to wait on his Excellency, the President, and inform him that the General Assembly are now convened to elect Justices to fill the vacancies in the Courts aforesaid, and request his attendance.
Whereupon his Excellency, the President, being conducted in by the committee, the President and General Assembly pro- ceeded, by joint ballot, to the election of Justices, separately, to supply the vacancy in the Court of Common Pleas and Orphans' Court for the County of Sussex, and the ballots being taken and examined, John Clowes, Esquire, fourth Justice, was declared to be duly elected third Justice of the said Courts; and Alexander
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THE DELAWARE STATE, 1788.
Laws, Esquire, was declared to be duly elected fourth Justice of the said Courts.
The President withdrew, both Houses separated, and the Council met in the Council Chamber.
The bill entitled "An act to continue in force an act entitled 'A supplement to an act entitled 'An act for the more easy and speedy recovery of small debts,' passed February 3d, 1785,' and for other purposes," was read the third time, by paragraphs, and several amendments being proposed and agreed to, passed the House.
Ordered, That the said amendments be transcribed and sent, with the said bill, to the House of Assembly, for their considera- tion and concurrence.
Mr. Evans, a member of the House of Assembly, was admitted and delivered to the Chair a bill entitled "An act for continuing the powers of the Collectors of the State Taxes;" which was read.
Ordered to lie on the table.
The bill entitled "An act to incorporate the Members of the Library Company of Wilmington," was read the third time, by paragraphs, and, being amended, passed the House.
Ordered, That the said amendments be transcribed and sent, with the bill, to the House of Assembly, by Mr. Polk, for their consideration and concurrence.
By special order,
The bill entitled "An act for continuing the powers of the Collectors of the State Taxes," was read a second time and de- ferred for further consideration.
On motion, the order of the House of Assembly upon the pe- tition of Maurinas Haughey, respecting a lost certificate, was read, considered, and concurred in by Council.
The last mentioned bill was read the third time by paragraphs and passed the House.
Ordered, That the same, together with the papers upon the 143
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petitioned Maurinas Haughey be returned to the House of Assembly by Mr. Laws.
Adjourned fo 8 o'clock to-morrow morning.
WEDNESDAY, A. M., June 11, 1788.
Council met.
On motion for leave to bring in a bill for directing elections of members of the Council in certain cases of vacancies, the same was granted; whereupon Mr. Read laid before Council a bill for that purpose, which was read.
By special order, the same was read a second time, and the third time, by paragraphs, and passed the House.
Ordered, That the same be transcribed; which was done ac- cordingly.
The Auditor's Report of the 5th June, 1788, was read, and an amendment being proposed and agreed to, ordered that the same be transcribed. ..
The Auditor's Report of the 6th of June was read, considered, and agreed to.
A member of the House of Assembly was admitted and pre- sented to the Chair an order of that House, which was read as follows:
IN THE HOUSE OF ASSEMBLY, WEDNESDAY, A. M., June 11th, 1788.
On motion,
Ordered, That the following part of the report agreed to by this House on the 30th day of January last be sent to the Council for their consideration and concurrence, to wit:
In the communication from the Auditor, dated October 29th, 1787, is inserted an extra charge of the Auditor in his own favor
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THE DELAWARE STATE, 1788.
for services done in Wilmington, stated to be full three months attendance, for which he hopes a reasonable allowance. Your committee therefore report that for such services and attendance the Auditor be allowed the sum of sixty pounds.
Ordered, That Mr. Hazzard wait on the Council and deliver the same ..
Extract from the minutes.
JAS. BOOTH, Cl'k of Assembly.
The foregoing order of the House of Assembly, with their agreement to the report of their committee on the communication of the Auditor made as above stated, being taken into considera- tion; thereupon
Resolved, That an order be drawn upon the State Treasurer, by the Speakers of the two Houses of the General Assembly of this State, for the sum of sixty pounds, to be paid to Eleazar Mc- Comb, Esq., as Commissioner of this State, for attaining a settle- ment of the accounts thereof against the United States, in part of his services in that business during the time of such his ap- pointment.
Mr. Polk, a member of the House of Assembly, was admitted and delivered to the Chair a resolution of the House of Assem- bly, that the Speakers of both Houses draw an order on the State Treasurer for the payment of fifty pounds to his Excellency, the President, in order to defray his expenses during his attendance on the present and preceding sessions of the General Assembly.
In Council, read, considered, and concurred in. .
Ordered, That the two following engrossed bills be sent to the House of Assembly, by Mr. Horsey, to be signed by the Speaker, viz: The bill entitled "An act directing the manner and form of securities to be given by Sheriffs for the due execution of their trust, and prescribing a time for their returns on writs of fieri facias;" and the bill entitled "A supplementary act to the act entitled 'An act for naturalization;' " also that the bill entitled. "An act directing elections of members of the Council in certain cases of vacancies," be sent for the consideration and concur- rence of that House.
Ordered, That the same member also return the report of the
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Auditor of the 5th June, 1788, with its amendments, for the con- sideration and concurrence of the House of Assembly; also the report of the 6th June, 1788, thus acted upon in Council: read, considered, and agreed to; and the resolution for the payment of fifty pounds to his Excellency, the President, thus acted upon: read, considered, and concurred in.
Mr. Vining, a member of the House of Assembly, was admit- ted and delivered to the Chair the following engrossed bills, to be signed by the Speaker of the Council, to wit:
The bill entitled "An act to continue in force an act entitled 'A supplement to an act entitled 'An act for the more easy and speedy recovery of small debts,' passed February 3d, 1785,' and for other purposes;"'
The bill entitled "An act to regulate marriages;"
The bill entitled "An act to incorporate the Members of the Library Company of Wihnington;"
The bill entitled "An act to continue in force an act entitled 'An act to increase the daily allowance to Grand and Petit Jurors and Witnesses;' "
The bill entitled "An act to repeal an act entitled 'An act for the further security of the Government;' "
The bill entitled "An act to appropriate the perquisites arising from marriage and tavern licenses;"'
The bill entitled "An act for continuing the powers of the collectors of the State taxes;"'
The bill entitled "An act for altering the place of holding the general election for the present year in the County of Sussex;"
The bill entitled " An act to enable John Warren, administra- tor de bonis non of Henry Killen, deceased, to convey to Raynear Williams, administrator of Elijah Sipple, deceased, certain tracts of land situate in Mispillion Hundred, Kent County;"
The bill entitled "An act to supply the loss of a deed made to Benjamin Chandler by the heirs of Goldsmith E. Folwell, deceased;" and
The bill entitled "An act to empower the executors of the
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testament and last will of Richard McWilliam, the younger, late of New Castle County, deceased, to convey in trust for the heirs and representatives of Patrick Lyons, deceased, a certain tract or parcel of land situate in Appoquinimink Hundred, in the County of New Castle;".
And the said bills, being severally compared, were signed ac- cordingly.
Mr. Gordon, a member of the House of Assembly, was admit- ted and returned the two engrossed bills sent by Mr. Horsey to be signed by the Speaker of that House; together with the bill entitled "An act directing the election of members of the Council in certain cases of vacancy," which were severally compared and signed by the Speaker of the Council.
The same member also delivered to the Chair the following resolution, viz:
IN THE HOUSE OF ASSEMBLY, WEDNESDAY, June II, 1788, A. M.
On motion,
Resolved, That the President or Commander-in-Chief affix the Great Seal to the following laws: *
* So ends the record of the proceedings at this session.
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OF THE
COUNCIL OF THE DELAWARE STATE.
DOVER, October 20, 1788. :
Divers of the members met, but the number not being a quo- rum, adjourned from day to day until Thursday, the 23d.
THURSDAY, A. M., October 23, 1788.
It appears by the returns of the officers of the several Counties in this State, appointed by law to be Judges of Elections, that on the first day of October instant, at the usual places of election for the said Counties, the following gentlemen were chosen to repre- sent the said Counties in the Council of the Delaware State, viz:
For New Castle County-Gunning Bedford, Thomas Kean.
For Kent County-Nicholas Ridgely.
For Sussex County-George Mitchell, Daniel Polk. t
All the menibers now appeared except Mr. Kean and Mr. Horsey.
The Council proceeded to the choice of a Speaker, and George Mitchell, Esquire, was unanimously elected.
* In the place of Mr. McDonough. | In the place of Alexander Laws.
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The Speaker, in the Chair, and afterwards Mr. Bedford, Mr. Ridgely, and Mr. Polk, took the oath of allegiance and made and subscribed the declaration of faith prescribed by the Con- stitution. [See note on page 10.]
Adjourned to 3 o'clock.
EODEM DIE, P. M.
The Council met according to adjournment.
Adjourned to ten o'clock to-morrow morning.
FRIDAY, A. M., October 24, 1788.
Council met. Present the same members as on yesterday.
On motion, by order,
The rules to be observed by the members of Council, made and agreed to in October, 1776, together with the addition made thereto by Council in October, 1786, were read and adopted as the rules to be observed by Council.
Adjourned to 3 o'clock.
EODEM DIE, P. M.
Mr. Kean appeared in the House and took the oath of alle- giance and made and subscribed the declaration of faith pre- scribed by the Constitution. [See note on page 10.]
On motion, by order,
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The bill, read in Council the 29th of January last, entitled "All act for appointing John Baning, Eleazer McComb, and Nicholas Ridgely, Esquires, Commissioners for the Town of Dover, was now read the second time and referred to Mr. Ridgely, Mr. Cook, and Mr. Baning, to report thereon.
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