Delaware General Assembly

CHAPTER 117.

OF DELAWARE COLLEGE.

AN ACT to re-Incorporate Delaware College and amend the Charter thereof.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met (two-thirds of each branch thereof concurring):

Section 1. That from and after the passage of this Act, "The Trustees of Delaware College," as incorporated, reincorporated and renewed by the several Acts of the General Assembly of the State of Delaware, be, and the same is hereby reincorporated and renewed, with perpetual existence as a Corporation, for the purpose of carrying on, at Newark, Delaware, a College to give instruction in such subjects as will best promote the liberal and practical education of the youth of all classes in the several pursuits and professions of life.

Section 2. That said Corporation shall perform the same duties and possess the same privileges and prerogatives heretofore enjoyed and exercised by it, subject to the Amendments and provisions hereinafter contained.

Section 3. That the Board of Trustees of said College shall consist of twenty-eight members, together with the Governor of the State, the President of the College, the Master of the State Grange, and the President of the State Board of Education, all of whom shall be members of the Board, ex-officio. Eight of said Trustees shall be appointed by the Governor, by and with the consent of a majority of the members elected to the Senate. At least

one of said members to be appointed by the Governor shall be a person skilled in the Mechanic Arts. Twenty of said Trustees shall be elected by a majority of the whole Board of Trustees, as hereby constituted, not less than five of whom shall reside in each County in the State, and said election shall not be final until reported to the Senate at its next regular session, and confirmed by a majority of all of the members elected thereto.

Section 4. The first eight vacancies occurring in the Board of Trustees, as the same is constituted at the time of the passage of this Act, by death, resignation or otherwise, shall be filled by the Governor, as herein provided, the succeeding vacancies occurring, as aforesaid, shall be filled by election by a majority of the whole Board of Trustees, as herein provided, and thereafter all vacancies occurring as aforesaid, in the number appointed by the Governor, shall be filled by the Governor, so that there shall, at all times be eight members of the Board appointed by the Governor, and all other vacancies shall be filled by election by the board of Trustees, as herein provided.

Section 5. All accounts of the Treasurer of Delaware College shall be audited by the State Auditor in the same manner as the accounts of other State officers.

Section 6. The President of the College shall each year, not later than First day of December, make a report of all the activities of the College, instructional, administrative and financial, for the preceding year, to the Board of Trustees, who shall transmit the same to the Governor, to be by him presented to the Legislature at its next regular session.

Section 7. A College for the instruction and education of women, affiliated with Delaware College, shall be established and maintained by The Trustees of Delaware College, whenever buildings, equipment and funds shall be provided by the Legislature or otherwise, for the proper establishment and maintenance of said College.

Section 8. The Board of Trustees may organize a department of education which shall be a part of the public school system of the State, and which shall have for its object the education of teachers for the public schools of this State.

The Courses of Study for this Department shall be arranged by the Trustees of Delaware College in co-operation with the State Board of Education, and they shall also conjointly adjust the courses of study of the High Schools of this State in so far as they are related to the terms of admission to Delaware College.

Section 9. That whenever The Trustees of Delaware College cannot agree with the owner or owners for the purchase of any land, with the improvements thereon, in New Castle County, deemed by the Board of Trustees of the Trustees of Delaware College necessary for the purpose of erecting any building or buildings to be used by and in connection with said College, or for the enlargement of its grounds, or for any other purpose in connection with said College, or the Agricultural Experiment Station connected therewith, to better carry out the purpose of said College and Agricultural Experiment Station, the said The Trustees of Delaware College may apply to the Associate Judge of the State of Delaware, resident in New Castle County, first giving to the other party, owner or owners, at least five days' notice in writing, of the intended application to the said resident Judge; and if said other party, owner or owners be unknown or without the State, then such notice shall be published in some newspaper in New Castle County, Delaware, at least five days prior to the intended application; and the said Associate Judge shall appoint five judicious and impartial freeholders to view the premises and assess the damages which the owner or owners will sustain by reason of the taking and using said land. The said freeholders shall be sworn or affirmed before some Judge, Justice of the Peace or Notary Public before entering on the premises, faithfully and impartially to perform the duties assigned them. They shall give ten days' notice, in writing, to the owner or owners of the premises, or to his, her or their Guardian or Guardians duly appointed according to law, if within the State, and the same notice to the President of The Trustees of Delaware College, of the time of their meeting to view the premises; and the said Commissioners shall certify their finding and award to both parties and to the said resident Judge, but if either party is dissatisfied with the damages so assessed, such party may upon application to the Prothonotary of the Superior Court of the State of Delaware, in and for New Castle County, within twenty days after such assessment, sue out a writ of ad quad damnum, requiring the sheriff in the usual form, to inquire of twelve impartial men of his bailiwick of the damages as aforesaid, and their report shall be final; the said Commissioners shall in assessing the damages as aforesaid, award the actual cash value, in their judgment, of the land so to be taken and used, as aforesaid; upon the finding of said Commissioners, or of said jury, The Trustees of Delaware College, upon paying the damages so assessed, shall become entitled to have, hold, use and enjoy the said lands for the purposes by them required, forever; and in case any owner or owners of laud necessary and taken for the purposes aforesaid, shall be a minor or non-resident, or for any cause incapable of receiving, or unwilling or neglecting to receive said damages, the said The Trustees of Delaware College may deposit the amount of the said damages to the credit of such owner or owners in the Farmers Bank of the State of Delaware, located at Wilmington, Delaware, subject to his, her or their order, whereupon the said The Trustees of Delaware College shall be entitled to have, hold, use and enjoy the said lands described and condemned in said report, and required for the purposes aforesaid, for or on account of which said damages shall have been so assessed; the expenses of the assessment by the said commissioners of the damages aforesaid, shall be paid by The Trustees of Delaware Payment of College, and the fees of the said Sheriff, Prothonotary, and all costs incurred in the execution of the writ of ad quod damnum, shall be paid by the party making the application for said writ.

Section 10. That all Acts, or parts of Acts hereby superseded, or which are inconsistent herewith, be, and the same are hereby repealed.

Approved March 19, A. D. 1913.

CEIAPTER 122.

OF DELAWARE COLLEGE.

AN ACT to Provide for the Establishment and Maintenance of a Summer School at Delaware College for the instruction of Teachers in a Summer Session.

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

Section 1. The Trustees of Delaware College shall establish and maintain at Delaware College for a period of not less than five weeks during the summer of each and every year a school for teachers in which shall be given courses in pedagogy and such other subjects as will give increased efficiency to those who are now teaching or wish to prepare to teach in the free public schools of this State, said courses shall include such instruction in agriculture as will enable such persons to teach said subject in the free Public Schools of this State. The courses given in said School shall be arranged by the Trustees of Delaware College conjointly with the State Board of Education. All persons who are now teaching or who will give satisfactory assurance to the Director of said School that they intend to teach in the free public schools of this State, shall be admitted into said School, the tuition in which shall be free.

Section 2. The sum of One Thousand Two Hundred Dollars is hereby appropriated annually out of any money in the Treasury not otherwise appropriated for the maintenance of said School. Said sum shall be paid by the State Treasurer to the Treasurer of the Trustees of Delaware College in each and every year, which sum shall be used exclusively for the purposes of this Act.

Approved March 14, A. D. 1913.