By whom administered. Discharges. THE PUBLIC ARMS AND DEFENCE. CHAP. 15. CHAP, 25, VOL. 17. This oath may be administered by any officer of this State authorized to administer oaths, or by any commissioned officer in the military service of the State of Delaware. SEC. 28. The commanding officer of the regiment shall have power, upon the recommendation of company commanders, or when satisfactory reasons are given, to grant an honorable discharge to any enlisted man whose term of enlistment may not have expired, and he shall also issue to all enlisted men having faithfully served their term of enlistment an honorable discharge, under his hand, from the service of the State. dishonorable discharge shall be given except upon sentence by a court martial. No Chap. 429, vol. 17. Board of Powers and duties. Officers may be ordered before Board. Discharged. Special appropriation. How drawn. [SEC. 31. The Governor shall appoint a State Board of Examiners, to consist of three commissioned officers of the militia, one of whom shall be a surgeon, whose duty it shall be to examine into and report upon the qualifications, physical and mental, of all applicants for commissions in said militia who may be ordered before it for examination, and no commission shall be granted to the person so ordered before the board until the applicant shall have passed a satisfactory examination before said board. SEC. 32. The Governor may, at any time, order any commissioned officer of the militia before said board of examiners for examination, and discharge from service any incompetent or unsuitable officer upon the report of said board of examiners finding such facts as to warrant the discharge, and he may discharge from the service any officer who neglects or refuses to obey such lawful orders as may be given him by his superior officers. SEC. 33. Every company duly organized, and found by the Adjutant-General, on examination of the rolls and report returned by the inspecting officers, to be fully up to the proper standard of members, drill and discipline, shall receive directly from the public treasury the sum of two hundred dollars per annum, payable on the warrant of the Adjutant-General on the State Treasurer to the order of the company commander, who shall disburse the same among the officers and men of his command pro rata, taking their receipts in duplicate on the pay rolls, one to be returned to the AdjutantGeneral of the State within one month of the receipt by him of the amount of said warrant, the other to be retained; provided, that the amount to be expended under the Amount limited, provisions of this section shall not exceed the sum of twelve hundred dollars.] Chap. 18, vol. 18. Duty of organized company. Failure to drill forfeits appropriation. Amount forfeited, how distributed. Company commanders shall make semi Reports when [SEC. 34. Every organized company of infantry shall be required to drill as a company at least twelve times in each year, at all of which drills there shall be present one-half of the total membership of the company. Any company failing to hold all of said drills with the attendance as herein required, shall forfeit the annual appropriation provided by section 33 of this chapter and the amount so forfeited shall be distributed pro rata among the companies complying with the provisions of this section. SEC. 35. All company commanders shall make semi-annual reports of their commands in such manner as the commander-in-chief may direct. The reports shall be annual reports. made to the first days of June and December in each year and shall be forwarded to the regimental headquarters within fifteen days thereafter, and a copy thereof at once made out and sent to general headquarters. Any company commander failing to make semi-annual reports and forward them as required by this section shall, for every such failure, upon conviction thereof, have forfeited from his company's annual appropriation reports works a the sum of ten dollars, which shall be appropriated to the use of the regimental headquarters. and how made. Failure to make forfeiture. Addition to staff of the Commander-in Chief SEC. 36. There shall be added to the staff of the commander-in-chief an inspector of rifle practice, with the rank of lieutenant-colonel, whose duty it shall be to make such THE PUBLIC ARMS AND DEFENCE. CHAP. 15. ADDITIONAL ACTS. spector of rifle practice. orders, upon the approval of the commander-in-chief regulating the rifle practice among Duty of the Inthe guard as he shall deem proper, and shall keep or cause to be kept a complete and true record of the score of each member of the guard, and shall annually make a report to the adjutant-general of the result of the year's rifle practice, and generally to do and perform all the duties incumbent upon him according to the army regulations of the United States. And the Adjutant-General shall cause to be delivered to the person or Adjutantpersons entitled by the said report of the inspector of rifle practice such medals or badges General shall as shall be designated and furnished by the board of officers of the State or which may livered medals, be donated for such purposes. cause to be de when. expenses of the al's office. SEC. 37. That the sum of one hundred dollars annually be and the same is hereby Contingent appropriated out of the funds of the State for the contingent expenses of the adjutant- Adjutant-Gener general's office. And the adjutant-general is hereby authorized to draw his draft upon the State Treasurer from time to time for the same and he shall bi-ennially furnish to How drawn. the committee of the Legislature appointed for that purpose his receipts and vouchers for settlement.] Passed at Dover, April 4, 1883. CHAPTER 35, VOL. 19, LAWS OF DELAWARE. AN ACT PROVIDING MAINTENANCE FOR THE ADJUTANT-GENER- SECTION 1. That in addition to the salary now received by the adjutant-general of $500 per annum partment SEC. 2. That in addition to any sums now appropriated the sum of two hundred dol- $200 to certain militia compalars shall be, and is hereby, appropriated to each of the following militia companies, nies and $100 to namely: Company "A," Company "C," Company "F," and Troop "B," all Troop A, of of the city of Wilmington; and $100 to Troop " A," of Laurel. SEC. 3. The State Treasurer is hereby authorized to pay the appropriations herein State Treasurer made to the Adjutant-General, who shall pay the sums accruing to the companies named to pay appropriations. in Section 2d, to the captains thereof. SEC. 4. This act shall be and be taken to be a public act. Passed at Dover, May 15, 1891. GENERAL PROVISIONS RESPECTING ELECTIONS. CHAPTER 16. TITLE FOURTH OF ELECTIONS. CHAPTER 16. CHAPTER 17. General provisions. Chaps. 487 and 491, vol. 12; Chap. 396, vol. 13; CHAPTER 18. Of the general election. Chap. 547, vol. 19; Chap. 20, vol. 15; CHAPTER 19. CHAPTER 20. Of elections in Wilmington hundred. Chaps. 39 and 45, vol. 19. Of election of United States Senators. Of contested elections. Chap. 33, vol. 17; Chap. 22, vol. 18. SECTION 1. At all elections for State or county officers, the elecChap. 26, vol. 17. tors shall vote within the hundreds, [wards, precincts or election districts, in which they shall respectively have resided at least fifteen days immediately prior to the time of voting, and not elsewhere.] Plurality elects. SEC. 2. In all elections, unless it be otherwise expressly provided, a plurality, or the highest number of votes, shall make a choice, ex GENERAL PROVISIONS RESPECTING ELECTIONS. CHAPTER 16. cept where this principle is defeated by two persons having the same number of votes for the same office. SEC. 3. In all questions of residence, arising under the provi- Residence; rule sions of the fourth article of the amended constitution, the follow- as to. ing rule shall be observed; that if any person, having resided within the State, shall actually remove to another place out of the State, with an intention of remaining there for an indefinite time, as a place of present domicile, he shall lose his qualification of residence within the State, notwithstanding he may entertain a floating intention to return at some future period. The same principle shall be applied to removals from one place to another within the State. SEC. 4. In reading out the ballots at any election, a double vote, Double votes. that is to say, two or more ballots voted together by the same person, shall not be counted or tallied, but both of the ballots, composing such double vote, shall be rejected. SEC. 5. [If in reading out the ballots at any election, a ballot Chap. 421.vol, 11. shall be found to contain the names of more persons voted for, for any office, than by law ought to be voted for for such office, such part of the ballot shall be rejected and the residue shall be read.] SEC. 6. The presiding officer of an election shall, from the open- Election officers; ing of the same until all the duties and proceedings connected powers. therewith are fully completed, have power to command the peace, and to require sureties of the peace from any person disturbing the election, or the officers thereof in the performance of their duties, and to commit to prison for refusal or neglect to find such surety; and all officers, and other persons, are required to obey the lawful Penalty. commands of such presiding officer in this behalf, and in default thereof, such officer, or other person, shall be deemed guilty of a misdemeanor, and shall forfeit and pay a fine of fifty dollars. $50. Justices of the election. SEC. 7. Every justice of the peace and collector shall attend at the place of holding an election in the hundred in which he shall peace to attend reside, from the opening until the close of such election and every constable shall attend at the place of holding an election in Constable, his hundred, and shall there continue, from the opening of such election until all the votes cast thereat shall be read and tallied, and the certificates of such election signed, and (if it be at a general election) the ballot box sealed. The collector shall have his duplicate, and shall receive any tax or Collector. taxes offered; and it shall be the duty of every justice of the peace and constable to take care that the peace be kept, and that the election be not interrupted or disturbed. If any justice of the peace, collector, or constable, shall refuse or neglect to perform the duties by this section enjoined upon him, he shall be deemed guilty of a misdemeanor, and shall forfeit and pay a fine of one hundred dollars. Penalty. $100. At elections, held in Wilmington hundred, the mayor and alder- wilmington, GENERAL PROVISIONS RESPECTING ELECTIONS. CHAPTER 16. man of the city of Wilmington shall perform the duties by this section enjoined upon justices of the peace, subject to the same penalty for default therein. SEC. 8. If any inspector, collector, assessor, or other presiding officer, judge, or clerk, of an election, or if a clerk of the peace, sheriff, coroner, prothonotary, or other officer presiding at a board of canvass, shall neglect to perform any duty by the election laws of this State enjoined upon them respectively; or shall use any falsehood, fraud, or deceit, or be guilty of any corruption, or misbehavior, in performing any the said duties; such officer, so offendneglect of duty. ing, shall for every such offence, forfeit and pay a sum, not less than fifty nor more than five hundred dollars to any person who will sue for the same. Election officers; penalty for $50 to $500. Proviso. Penalties; $200. This section shall not extend to any offence, or default, against which any fine, forfeiture, or penalty, is expressly provided by any other section of the chapter. SEC. 9. If, at any election, the presiding officer, or a judge of unlawful votes. the election, shall knowingly and wilfully receive, or advise and consent to the receiving, of the vote of any person not entitled to vote at such election; or if such presiding officer, or judge, shall knowingly and wilfully refuse to receive, or advise and concur in refusing to receive, the vote of any person entitled to vote at such election, every such presiding officer, or judge, shall for every such offence, forfeit and pay the sum of two hundred dollars to any person who will sue for the same; or such presiding officer, or judge, shall for every such offence, be deemed guilty of a misdemeanor, and shall be fined not less than fifty nor more than two hundred dollars. Both the aforesaid penalties shall not be incurred for the same offence; and a conviction upon an indictment, or a judgment in an action of debt, may be pleaded in abatement of the alternative proceeding. But, in all cases, an offender under this section, shall be further liable to be indicted, and punished, as in other cases, for wilful and corrupt perjury in having violated his oath, or affirmation, as such presiding officer, or judge. $50 to $200. Proviso. Perjury. For fraud. $500. Illegal voting. SEC. 10. If any presiding officer of an election, sheriff, or other person, shall wilfuly destroy, secrete, conceal, embezzle, or purloin, or in any manner counterfeit, alter, or vary, any certificate of election, either of a hundred, or of a county, or shall wilfully do any act or thing whereby to prevent any such certificate from being duly produced, returned, or delivered, according to law; such presiding officer, sheriff, or other person, shall, for every such offence, be deemed guilty of a misdemeanor, and shall forfeit and pay a fine of five hundred dollars. SEC. 11. If any person, not entitled to vote, shall vote, or offer to vote, at any election, or if any person shall vote, or offer to vote, in a hundred in which he shall not at the time of such voting or offering to vote reside; or if any person, having voted once, shlal |