SEC. 4. The State forester shall be the lawful custodian of such lands, with power to enter complaint against trespassers thereon, and shall pay, from the sum hereinafter appropriated, the town taxes upon said land when assessed at the same rate as similar adjoining lands, and with the approval of the governor and the attorney-general may sell portions of the same when they shall command a greater price than the cost and interest thereon, and may execute a deed for the sale for and in behalf of the State.

SEC. 5. The sum of $2,000 for the two fiscal years ending September 30, 1903, is hereby appropriated for carrying out the provisions of this act.

SEC. 6. The accounts of the forester for all disbursements under the provisions of this act shall be paid by the comptroller upon the audit of the State board of control.

DELAWARE.

[The following matter is taken from the Revised Statutes of the State of Delaware, published at Wilmington, 1833.]

Chapter XLIII (chap. 513, vol. 13, Laws of Delaware): Delaware College. SECTION 1. Delaware College at Newark, reincorporated by act of February 10, 1851, for a period of twenty years, is hereby recognized and reincorporated as a college for another period of twenty years, from and after the 10th day of February,

A. D. 1871.

SEC. 2. The leading object of said college shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.

SEC. 3. The board of trustees of said college shall consist of 30 members, together with the governor of the State and the president of the college, who shall be members ex officio, one-half of whom shall be appointed by the governor, who shall fill vacancies which may hereafter occur in their number, and the other half shall be appointed by the remaining members of the present board, who shall have power to fill vacancies occurring in their number; and the joint board so constituted shall have the entire control and management of the affairs of the college, with power to appoint and remove all subordinate officers and agents, and to make by-laws as well for their own government as that of the college.

SEC. 4. There shall be two stated meetings of the board every year at such time and place as may be fixed by the by-laws, and occasional meetings may be held on the call of the president, which he may make at discretion, and shall make on the written request of any two or more members of the board of trustees. The secretary of the board shall give two weeks' written notice of all meetings, and the time, place, and purpose of occasional meetings shall be stated in the notice thereof, and the proceedings of such meetings shall be confined strictly to the purpose stated therein.

SEC. 5. Nine members of the board shall constitute a quorum to do business, but a less number may adjourn. Officers may be appointed for the occasion in the absence of the regular officers. The place of a trustee who shall be absent from three successive stated meetings shall be vacated, unless the board shall otherwise especially direct, and a vacancy thus created shall be filled as in other cases. And a trustee appointed and not accepting at or before the next stated meeting shall be considered as declining, and a new appointment made.

SEC. 6. The trustees, as ascertained and limited by this act, shall continue to be a corporation by the name of the trustees of Delaware College, with all the powers and franchises incident to such an institution, including the capacity to take and hold real and personal estate, not exceeding in annual value $50,000, by deed, devise, bequest, gift, grant, or otherwise, and the same to alien, sell, transfer, or dispose of as occasion may require, and the proceeds thereof to be reinvested in other property, funds, or securities for the benefit of said college, and in accordance with the spirit and purpose of this act.

SEC. 7. The faculty, consisting of the professors and tutors employed by the board of trustees, one of whom shall be president of the college, shall have the care, control, government, and instruction of the students, subject, however, to the by-laws. They shall have authority, with the approbation of the board of trustees, to confer degrees and grant diplomas.

SEC. 8. The college fund, created by resolution of the general assembly of January 28, 1824, and transferred by act of February 5, 1833, to "the trustees of Newark College," and all other funds, stock, money, or property belonging to or appropriated for, or raised, paid, or payable to the trustees of Delaware College,

by that or any other name, shall be a part of the endowment of said college and shall be held, appropriated, and used as such by the said trustees.

SEC. 9. Devises, bequests, gifts, and grants to the corporation shall not be avoided by any misnomer if the description can be understood with reasonable certainty. And the corporation shall not be dissolved by nonuser so long as there shall remain seven trustees. The secretary of state shall transmit to the president of Delaware College, to be kept and placed in the library, a copy of all public documents of which he may receive duplicates, whenever the same shall not have been already appropriated. This college shall never be managed or conducted in the interest of any party, sect, or denomination, and the trustees of said college shall make a report of its condition to the legislature at each regular biennial session. (February 17, 1869.)

Chapter 48, volume 14, Laws of Delaware: SEC. 2. It shall not be lawful for any person, whether licensed to sell spirituous and fermented liquors or not, to sell, dispose of, barter, or give to, or be instrumental in procuring for any student of Delaware College, within 2 miles of the said college, any spirituous or fermented liquors or cordials of any kind in any quantity whatever, and any person violating the provisions of this section shall be liable to a fine of $25 for the first offense, and $50 for the second offense, and $100 for every subsequent offense, and shall be imprisoned until the said fines and costs shall be paid; the fines herein incurred to be collected as similar fines are now collected by law, one-half to be paid over to the informer and the other half to go to the constable or officer serving the warrant. (March 2, 1871.)

Chapter 408, volume 14, Laws of Delaware: SECTION 1. The treasurer of this State is hereby authorized and required to pay over to the treasurer of the board of trustees of Delaware College the sum of $3.000 per annum for the period of two years, in equal quarterly installments, the first installment to be paid on the 1st day of October, 1873: Provided, That whenever the college shall receive additional aid from the General Government this appropriation shall cease.

SEC. 2. In consideration of the appropriation herein made, the trustees of Delaware College shall provide free instruction of a suitable character for 10 students from each county of the State whenever such students, on presenting themselves for admission, shall obligate themselves to teach in the free schools of the State for not less than one year.

SEC. 3. Until otherwise provided by law, the appointments to the free scholarships herein established shall be made by the members of the legislature, each senator and representative being entitled to make one appointment. (March 27, 1873.)

Chapter 625, volume 18, Laws of Delaware: Delaware College, at Newark, Del., reincorporated by act of February 17, 1869, for a period of twenty years from February 10, 1871, be, and the same is hereby, reincorporated as a college, with the same duties, privileges, and prerogatives as now legally enjoyed and exercised by that institution for a further period of twenty years from and after the 10th day of February, 1889. (February 21, 1889.)

Chapter 137, volume 13, Laws of Delaware [see law of February 17, 1869, the first of this collection]: Whereas the legislature of this State by a recent act accepted the provisions of an act of Congress approved July 2, 1862; and whereas the said act of Congress renders it the duty of the State to provide the buildings, grounds, and appliances necessary to carry out the objects of said act; and whereas the board of trustees of Delaware College have proposed to convey to the State of Delaware a joint and equal interest in the grounds, buildings, libraries, apparatus, and vested fund of said college property, upon the condition that the State shall vest the income to be derived from the sale of the said lands in a board of trustees, not more than one-half of whom shall be the representatives of the State, and the remainder the representatives of the present board, for the purpose of establishing at Newark, in connection with said college, an institution which shall meet the requirements of the act of Congress and extend to the people of our State the benefits of its provisions:

SECTION 1. The proposition of the board of trustees of Delaware College is hereby accepted and Delaware College is adopted and established as the institution to be provided by the State of Delaware in accordance with the provisions of the act of Congress approved July 2, 1862.

SEC. 2. The State treasurer, in conjunction with the governor of the State and the president of the board of trustees of Delaware College, is hereby authorized and required to sell and assign, upon such terms and conditions as they may deem best for the interest of the State of Delaware, the whole or any part of the scrip or land warrants issued or to be issued to the State by virtue of said act of Congress.

SEC. 3. The proceeds of the sale or sales aforesaid shall be invested by the said treasurer in interest-bearing bonds of this State or of the United States, at his discretion, the principal of which bonds shall be forever held sacred for the purposes contemplated in the act of Congress aforesaid, and shall not be transferable except by a special act of the legislature.

SEC. 4. The State treasurer may perform and discharge any of the acts, trusts, or duties authorized, directed, or conferred herein by any agent or agents by him selected and appointed, and with the consent and advice of the governor of the State. All costs and expenses incurred in selling or assigning the said land scrip, or investing the proceeds thereof, shall be allowed and paid out of any funds in the State treasury not otherwise appropriated.

SEC. 5. The State treasurer shall, semiannually, receive and pay over the interest of said bonds to the treasurer of the board of trustees of Delaware College for the purposes and on the conditions hereinafter mentioned.

SEC. 6. The board of trustees of Delaware College shall devote said interest to the maintenance of such course or courses of instruction in said college as shall carry out the intent of the act of Congress aforesaid, and shall provide for the gratuitous instruction of one pupil from each hundred in the State, who shall be annually nominated to be pupils of said college in such manner as the legislature may prescribe. Said pupils, so nominated and received, shall be residents of this State, and shall be admitted into said college upon the same terms and subject to the same rules and discipline which shall apply to all other pupils of said college, with the single exception that they shall not be required to pay anything for their instruction.

SEC. 7. Said board of trustees shall, annually, on or before the 1st day of February in each and every year, make up and distribute the reports required by the fourth paragraph of the fifth section of the said act of Congress.

SEC. 8. The governor is hereby authorized to appoint five trustees from each county of the State to be members of the board of trustees of Delaware College on behalf of the State, and to fill all vacancies which may arise in such appointments, occasioned by death, resignation, or otherwise, and that the present board of trustees of Delaware College shall fill up the remaining vacancies in said board in the manner and to the number prescribed in the charter of Delaware College, as well as to fill any vacancies which may hereafter arise in their number, and the joint board of trustees thus reorganized shall have the entire control and management of said institution, subject to the provisions of its charter and the terms of the act: Provided, That said institution shall never be managed or conducted in the interests of any party, sect, or denomination.

SEC. 9. The board of trustees of Delaware College shall report such amendments to this act, or such further acts or laws, as they may deem necessary and proper to carry out the objects contemplated by this act. (March 14, 1867.)

Chapter 420, volume 13, Laws of Delaware: SECTION 1. The number of students from each county shall not exceed [ten from each county]. Each hundred in each county shall have an equal number of the appointees to the college established by the act passed March 14, 1867 [above], and in making the nominations of the pupils under the act aforesaid hereafter, the hundred as herein named shall always be construed to mean such territory as was embraced within the limits of the respective hundreds in each county at the time the counties were each embraced within limits of ten hundreds only.

SEC. 2. They shall be nominated in this manner: Each member of the general assembly for the time being, whether during a session or in vacation, as occasion may require, shall nominate the students to which his or their hundred shall be entitled, and nominations from hundreds within the meaning of this act shall be made whenever a vacancy occurs in a hundred by nonacceptance, death, or otherwise. When there are two or more members of the general assembly from one hundred, they shall decide who shall nominate from the hundred or hundreds, within the meaning of this act, having no resident member, together with the hundred where they may reside, by writing the names of the hundreds on separate paper and drawing as by lot; the hundred which a member may so draw, the same shall be his, so drawing, to nominate therefrom during his term.

SEC. 3. No person shall be nominated on the part of the State as a student of Delaware College who is under the age of 16 years or over 21. (March 15, 1869.) Chapter 55, volume 14, Laws of Delaware: SECTION 1. A. B., late State treasurer and trustee of the funds arising from the sale of the land scrip mentioned in the act (March 14, 1867) to which this is a supplement, is hereby directed to transfer and deliver to the State treasurer all the funds, bonds, and other securities, as well as any scrip yet in his hands or under his control, if any, taking his receipt

therefor; and the State treasurer shall, when received by him, hold and be accountable for them in his official capacity.

SEC. 2. It shall be the duty of the State treasurer, in addition to the other duties imposed by the act to which this is a supplement, to keep said funds, bonds, and other securities and scrip in the Farmers Bank, at Dover, and to keep a separate and distinct account of said trust funds, and to make a full and detailed report of the condition thereof to the trustees of Delaware College on the 1st day of July in each year, and also to the legislature at each biennial session. (March 30, 1871.) Chapter 119, volume 19, Laws of Delaware:

SECTION 1. The governor of the State, on the first Tuesday in June, 1891, and every four years thereafter, shall appoint and commission two respectable and well-qualified persons from each county, who shall constitute the board of trustees for the [State] College for Colored Students. The said trustees shall hold their office for a period of four years or until their successors shall in like manner be appointed. In case of a vacancy by death, resignation, or otherwise, the governor shall appoint for the unexpired term.

SEC. 2. The trustees named in this act are hereby ordained and declared to be a body corporate by the name and style of "The Trustees of [the State] College for Colored Students," with all the powers and franchises incident to such an institution, including the capacity to take and hold real and personal estate by deed, devise, bequest, gift, grant, or otherwise, and the same to alien, sell, transfer, and dispose of as occasion may require, and the proceeds thereof to be reinvested in other property, funds, or securities for the benefit of said college, and in accordance with the spirit and purpose of this act.

SEC. 3. The purpose and object of said college shall be to impart instruction in agriculture, the mechanic arts, the English language, the various branches of mathematical, physical, natural and economic science, with special reference to their application in the industries of life, and to the facilities for such instruction, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life, but other scientific and classical studies may be taught, and a normal school for the preparation of teachers may be connected with the college under such rules and regulations as the trustees may adopt.

SEC. 4. The said board of trustees shall have the superintendence of said college, with power to appoint and remove the faculty and other officers and agents of the college and of their own body; to fill vacancies and to make by-laws as well for the government of the college as their own government, and to conduct all the concerns of the institution. [Four] members of the board shall constitute a quorum, and meetings of the board shall be held as the by-laws may prescribe: Provided, That said by-laws shall not conflict with the constitution or laws of the United States or of this State.

SEC. 5. The faculty of the college, composed of the teachers whom the trustees shall employ, one of whom shall be president of the college and ex officio member of the board of trustees, shall have the care, government, and instruction of the students, subject, however, to the by-laws. They shall have authority, with the approbation of the board of trustees, to confer degrees and grant diplomas. SEC. 6. Devises, bequests, grants, and gifts to this corporation shall not be avoided by any misnomer, if the description can be understood with reasonable certainty.

SEC. 7. The sum of $8,000 is hereby appropriated from the State treasury to the said "The Trustees of the State College for Colored Students," to be used primarily for the purchase of land and for the erection, preservation, repair, and equipment of any building or buildings which said trustees shall hereafter acquire for the purposes of said college, and if the whole of said sum should not be required for the purchase of land and for the erection, preservation, or repair of buildings, the remainder of said sum shall be used for the maintenance and support of said institution. Said sum shall be paid by the State treasurer to the treasurer of said trustees, upon his giving bond and security as hereinafter provided after notice received under the hand of the president and secretary of the said trustees that said body is fully organized and prepared to carry out the purposes of this act. SEC. 8. The State treasurer is hereby directed and required to pay annually to the treasurer of the said "Trustees of the State College for Colored Students" 20 per cent or one-fifth part of the sum of money which he, the said State treasurer, has already received and hereafter shall receive annually by virtue of an act of Congress approved August 30, 1890, entitled [etc.].

SEC. 9. The moneys received by said trustees as provided in the foregoing section shall be used by said trustees for the support and maintenance of said college,

and the treasurer of said trustees, before receiving any money from said State treasurer, shall give bond with good and sufficient security to the State of Delaware in the sum of $10,000, conditioned for the faithful application of all the moneys received. Said bond shall be approved by said trustees and shall be deposited in the office of the secretary of state. (May 15, 1891.)

Chapter 438, volume 17, Laws of Delaware:

SECTION 1. The person occupying the chair of chemistry in Delaware College, at Newark, Del., is hereby declared ex-officio State chemist.

SEC. 2. It shall be the duty of the State chemist annually to analyze samples of all fertilizers which may be offered for sale within this State, and for this purpose he is authorized and directed to take from not less than five original packages of said fertilizers which may be in the possession of any manufacturer, dealer, or persons using the same, two samples not exceeding one pound in weight, one sample to be retained by the State chemist, and the other sample to be sent by the State chemist, in a sealed bottle or can, to the secretary of state, who shall keep the same; and in case any manufacturer should request another analysis, then the sample retained by the secretary of state, at the request of any manufacturer, shall be sent to any chemist which the secretary of state, State chemist, and manufacturer shall agree upon.

SEC. 3. Every bag, barrel, or other package of commercial fertilizer manufactured or sold in this State shall have plainly stamped thereon the number of net pounds of fertilizer in the package, the name, brand, or trade-mark under which the fertilizer is sold, the name and address of the manufacturer, the place of manufacture, and the chemical analysis, stating the percentage of ammonia, of potash soluble in water, of available phosphoric acid, and of insoluble phosphoric acid; and any manufacturer or dealer who shall misrepresent the proportion of ammonia, phosphoric acid and potash, or either of them, contained in such fertilizer, shall be guilty of a misdemeanor, and upon conviction thereof on indictment shall be fined $200 for the first offense and $300 for each subsequent offense. SEC. 13. In case the State chemist willfully makes any false or untrue analysis he shall be deemed guilty of a common nuisance, and upon conviction thereof shall be fined a sum not exceeding $100, and shall stand committed to the custody of the sheriff until said fine is paid. (April 16, 1885.)

Chapter 240, volume 21, Laws of Delaware: Whereas the great advance in medical science has reached a point of exactitude heretofore unknown, more especially as to the cause and prevention of disease, and has attained the ability of demonstrating to a certainty the bacteriological origin of many of our most prevalent and fatal diseases; and whereas by microscopic and biological investigation the presence of these diseases can be made manifest when symptomatology fails, thus enabling the boards of health to make timely provision against the spread of the disease, and by so doing save the health and life of many citizens; and whereas these investigations can only be safely made in a laboratory fully and properly equipped for the purpose, and managed by skilled manipulators of special knowledge and experience in the sciences of pathology and bacteriology; and whereas Delaware College possesses excellent facilities in the way of suitable rooms and adequate equipment of libraries and apparatus, and besides offers at no cost the supervision of a trained bacteriologist as a guaranty of the character of the work; and whereas a similar line of work as regards domestic animals is carried on at the college under the provisions of the Hatch bill, none of which provisions could be used for the purposes contemplated in this act: Therefore,

SECTION 1. In addition to the duties and powers with which the board of health of the State of Delaware is now invested by the constitution and laws of this State, it is hereby empowered to establish and supervise a pathological and bacteriological laboratory at Delaware College, and to supplement the equipment already there with any additional appliances necessary to make it perfectly safe and reliable for the thorough use of any or all of these means of protecting the citi zens of the State against the spread of disease.

SEC. 2. The said laboratory shall, by and with the advice and consent of the board of trustees of Delaware College, be located in buildings now belonging to said college, and said board of trustees shall furnish such accommodation of rooms, apparatus, and skilled supervision as may be required for said laboratory. SEC. 3. The pathologists and bacteriologists, elected as hereinafter provided, shall conduct the routine work of said laboratory under the direction and supervision of the bacteriologist of Delaware College, and shall make all examinations and analyses, etc., that may be necessary, under the direction of the board of health of the State, for all the purposes that may be required to fully execute the intents of this act: Provided, however, That this shall not be so construed as to