Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-06-19

ground covered by the arsenal build
ing ~ n alto for an arsenal (K-5-e56).
l can md no reconveyance from the
United States government and no rec
ord Of any act authorizing 1t. However
In 1859 and 1854. tho building was
taken over. presumably with the full
consent OF the United States, by tho
Committee on Education OF tho Trus-
tees Of the New Castle Common, who
then conducted tho schools OF the
town. Tho trustees built tho second
story OF the building and tho cupoia
In isb3-5%. and the building has since
then been used as a school. 1t was
carried on at first by the Trustees of
the Common. and then after the in
corporation of tho Board OF Educa-
tion In 1878. II was carried on by that
board. and finally by your board as its
successor.
While the actual title TO the ground
covered by II was conveyed to tho
United States for a sitc for an arsenal
II has been for years abandoned as an
arsenal and has been taken over and
used for years for educational pur-
poses and I'm my opinion the control
OF the building II now exclusively in
your board no long an 1t Is used for
school purposes. IL abandoned for
school purposes. my opinion is that II
would pass into the control of the
Trustees OF the Court House and Mar
ket Square.
2. As TO School Building No. 2-The
Academy lot, by the act OF 1872. was
! N.a1 n1 in fY,tG ha xaf
erecting a school house. In 1901, Vol.
3. Chapter 81, LAWS OF Delaware, the
Trustees OF the New Castle Acad-
envy" nine in number. were incorpor-
ated TO carry on the school which had
already been built. and the surviving
trustees OF the Academy lot were d.
rected TO convey this lot to the new
trustees. which was done by deed
recorded in Deed Report l, Vol. 3
page 100. While 1t had been built by
funds raised by subscription and the
parents OF children who attended wer,
expected 10 pay. ii seems that all chill
dren were accommodated in some way
or other. In 1918. Vol. y. Chapter 1856
the Trustees We're changed to five II
number and their election was provid
ed for and the qualifications of tho
voters set forth. On February 4, 1852
by act published In Vol. 10. Chapter
GA. It was provided that this schoo
then known as tho New Castle Insti
tute. and which was then conducte,
by tho Committee on Education o
tho Trustees OF the New Castle Com
mon. should receive the taxes payabl,
to School Districts As and 40.
tricts came up Harmony street, from
the river. then through the main hall
way OF tho building To Delaware stree
and then out Delaware street. In 1877
the Board OF Education OF the city wa
established. and while the act make
no mention Of the formal transfer o
this school. 1t was az n matter of fac
taken over by the Board OF Educatio,
and has been so conducted since Their
: While no reconveyance of this 10
from tho trustees Of the New Castl
Academy appears TO have been mad,
. In my opinion the full control over tn
building and lot is now vested in you
board for school purposes. The di
mansions OF the lot "a fixed by the nc
OF i172 are Ave and three-tenths perC
/
. on Third street. This. | believe. woul
run the lot out TO the end OF the GENE
terry wall. but IL can be checked o
morn accurately by measurement
9 Under the &C, OF l772 the Academy lc
limo and tho church line extended tn
same distance from Harmony stree
!. TO Wit. ten perches. In case the prof.
erty should be abandoned for scho
: purposes. l think the act OF the Legi:
= lature would be necessary TO properl
place the title and control. but pendin
such action of the Legislature, / thin
!. the trustees OF the Market Squal
: would be held 10 have jurisdiction.
: other words, l am very strongly OF n
opinion that the properties are held
the Board OF Education for school pu
= poses and that II either of the building
should be abandoned for school pu
poses. the Board OF Education wou
8 have no power TO sell or convey q
r. property. but the property would T
vert 20 the use OF the inhabitants
H. New Castle for public purposes.
" S-As TO the ground controlled
r The Board OF Education with SchC
No. 2. This question has already be
= answered above. The No. 2 School
& cludes the ground as set forth in I
81 appending plot. which is according
n the dimensions established by the &
OF l772. The No. School lot ru
s. from Harmony street for the sal
l. distance as the church lot and in I
- opinion the Board of Education wol
e. have full control over this ground I
n school purposes.
al Respectfully,
Francis de II. Janvier