Evening journal., 1922-06-19

and finally by your board as its sue
cessors.
while the actual tl1e TO the
ground covered by IL was conveyed
TO the United States for a site for an
arsenal, it has been for years aban-
I doned as an arsenal and has been
taken over and used for years for
educational purposes, and in my
opinion the control Of the building
is now exclusively in your Board so
| long as II is used for school pur-
poses. If abandoned for school pur-
poses, my opinion is that 1t would
pass into the control of the Trustees
of the Court House and Market
Square.
?. "As to school building No. 2.
The academy lot by the act of 1772
was vested in trustees for the pur-
pose OF erecting a school house. In
1901, Vol 3. Chapter 81. Laws of
Delaware, the Trustees of the New
Castle Academy nine in number
were incorporated to carry on the
school which had already been built,
and the surviving trustee of the
academy lot was directed to convey
this lot to the. new trustees, which
was done by deed recorded in Deed
Record l, Vol. 8. Page 100. While it
had been built by funds raised by
subscription and the parents Of chill
dren who attended were expected
to pay, It seems that all children
were accommodated in some
way or other. In 1918. Vol. 3, Chap
ter lS5, the trustees were changed |
to five in number and their election !
was provided for and the qualifica- !
tlons Of the voters set forth. on !
February 4. 1852, by act published in |
Vol TO- Chapter 679. It was provid-
ed that this school then known as
the New Castle Institute and which /
was then conducted by the commit
tee on education of the Trustees of
The New Castle Common. should re-
,eive the taxes payable to School
Districts 45 and 46. The dividing
inc between these districts came up
Harmony street from the river. then
through the main hallway of the
to Delaware street, and then
)ut Delaware street. In 1875 the
5oard of Education of the city was
established, and while the act makes
10 mention of the formal transfer OF
his school. it was as a matter of
act taken over by the Board of Edu-
'ation and has been so conducted
nce then.
while no reconveyance of this
OF from the Trustees OF the New
'astle Academy appears to have
'een made. in my opinion the full
ontrol over the building and 'ot is
low vested in your Board for school
purposes The dimensicns OF the
Of as fixed by the Ac. OF 1872 are
I've and three-tenths perches on
t9rmony street and ten perches on
'hird street. This I believe would
un the lot out 10 the end of the
emetery wall, but Il can he checked
n more accurately by measurement.
'nder the Act Of 1772. the Aca-
emy lot line and the Church line I
xtended the same distance from
harmony street. to wit ten perches.
n case the property should be T,
bandOned for school purposes. I
hink an Act of the Legislature l
-ould would be necessary TO proper e
Y place the title and control. but /
ending such action OF the Leglsla- }
ure l think the T rustees OF the c
iarket Square would be held to j
ave Jurisdiction. In other words.
am very strongly OF the opinion q
hat the properties are held by the
soard OF Education for school pur-
oses and that II either OF the build
ngs should be abandoned for school
urpOses, the Board Of Education !.
would have no power to sell or con-
ey the property, but the property 1
'ould rever' to The use OF the in y
abi'ants OF New Castle for public :
urposes. Z
3 "As to the ground controlled ,
y the Board Of Education with o
chool No ?. This question has al a
eady been answered above. The No. II
School includes the ground as set "
'rth in the appended plot. which is h
ecording to the dimensions estab- p
shed by the Act OF 1872. The No. 2 o
,hool lot runs from Harmony street Il
n the same distance as the Church c.
Il. and in my opinion the Board
Education would have full control a
yer this ground for school pur- o
oses. h
Respectfully =
FRANCIS dell. JANvIER. >" e