Evening journal., 1922-06-19
GIVES HISTORY
OF OLD SCHOOLS
New Castle Board Has Jur-
isdiction Over Buildings
and 2
OPINION GIVEN
BY. Mr.. JANVIER
Special to The Evening Journal.


vier, city solicitor, to the Board o
! Education OF New Castle. Mr.. Jan
vier establishes by tracing the prop
critics through the cary history o
New Castle, the right Of the Boar'
of Education to use what are. nov
known as school buildings 1 and
and also the Jurisdiction Of the boarC
over the plot of ground connected
with school building No. 2.
Mr.. Janvier in his opinion say
! that school No. l was originally
buiit about 1909 by the United States
+ government as an arsenal and in
1853 and 1854 the building was taken
! over by the Trustees of the Com m ons
who then conducted the schools OF
the town with the apparent consent
OF the United States. The building
has been used ever since for school
purposes. II is Mr.. Janvier's opinion
/ that control of the building is eX-
clusively in the Board OF Education
as long as used for school purposes.
At No. 2 chool building, Mr.. Jan
vier says, the lot on which II was
erected was vested in the Trustees
of the New Castle Academy by act
of l772. The school was taken over
by the Board of Education in 1875
and Mr.. Janvier says while there ap-
pears to not have been any reconvey-
ance OF the lot from the academy
trustees, it is his opinion that full
control of both the lot and building
is now vested in the Board of Educa-
ton.
The Board of Education antici-
pates large enrolment increase in
the high school next school year and
as the present building used as
high school is already congested,
some arrangen will have to be
made for additional quarters. I'm
der these circumstances the erec-
ton OF two portable buildings on the
academy lot in front OF school No ?
is being considered.
1t was because of these facts that
the board desired to have a written
opinion from Mr.. Jnnvier as to the
boards status relative to the school
buildings and the lot on which it is
proposed to erect the portable build
inFs.
Mr.. Janvier's opinion follows:
June 5, 1922.
Board OF Education,
New Castle, Delaware.
Gentlemen:-
Il have received your communica-
ton requesting a written opinion on
the following questions concerning
the Public Schools in New Castle,
Delaware:
1. BY what right the Board oc-
cupies School Building No 1.
.. BY what right the Board oc-
cupies School Building No. 2.
3. What additional ground is in
cluded with School Building No. >.
ITO answer your questions re-
quires investigation Of the history OF
the Town of New Castle from the
early times.
From the settlement OF the
Town. the space enclosed by what
are now Second, Delaware. Third
and Harmony streets and including
the strip along Second street, was
held and known as the Market
Square. The Old State House. now
known as the Old Court House. was
the first permanent building erectNd |
on it, The wing where the Mayors !
office now Is was built about 1876. !
and the main part added about /
1908. The fire proof wing at the /
northwest end was not built until |
1S45. The first part of the present /
Episcopal Church was built on an /
other part very soon after 100.
by Act OF Assembly, passed June /
l3. 1772. Vol. 1. Chapter 212, Laws
Of Delaware. the occupancy of the /
Market Square was vested In Trus-
.ees as follows: "a The State
House (now known as the Old Court
rested in Trustees for the use OF
he state and county. (2) The Acad-
,my lot was vested in Trustees for
he purpose OF edecting a school
ichool house thereon. CD The
'hurch lot was vested in Trustees
or the ues OF members of the Epic
opal Church for a church and bur
al ground (4) An OF the remain
ng mart of the Market Square was
.ested in Trustees for the use OF
he inhabitants OF the town. I ap-
end hereto a plot Of the square as
O apportioned with the measure
nents given
by various conveyances and acts
4 Assembly since then, the last in
91S. the whole OF the Market
auare. except the church lot and
he academy lot. has become vested
n the present Trustees or Commits
- tbo Cnnrf TInnea Thfa I
Iolding, however, Is subject to the
se by the board OF the No. ! build
ng and Is also subject to the control
" the Trustees OF the Common of
he present town hall which was
uilt out OF the Common funds.
Il. As 10 Public school No 1.
his building was originally built
ometime after 1909. by the United
tates Government for an arsenal
'he minutes of the city show that
uch use was authorized in 1909 and
deed for il directed, but this deed
ras not made until 1913. In 1891 it
ras occupied by some troops from
Fort Delaware for a time after their
srracks. at the Fort, had been
urned In 1S43. after a town meet
ng. and at the request of the
United States for the ground COW
red by the arsenal building. as a
lite for an arsenal (K-5-556). I,
an find no reconveyance from the
United States Government and no
ecord Of any act authorizing IT,
however. in 1853 and 1854. the
was taken over. presum-
IDLY with the full consent of the
United States. by the Committee on
of the Trustees Of the
New Castle Common. who then CON
iucted the schools OF the town. The