Sections
Subchapter I Formation, Powers, Bylaws and Dissolution 8501 – 8515
Subchapter II Directors and Officers 8521 – 8523
Subchapter III Stock and Stockholders; Financial Operations 8531 – 8538
Subchapter IV Marketing Contracts; Actions; Restraint of Trade and Monopoly 8541 – 8546
Subchapter V Violations and Penalties 8551 – 8552
Subchapter VI Miscellaneous Provisions 8561 – 8562

Terms Used In Delaware Code > Title 3 > Chapter 85

  • adult person: means a person of the age of 18 years or older. See Delaware Code Title 6 Sec. 4307
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent of the department: means a person who acts on behalf of the Department to carry out its activities. See Delaware Code Title 7 Sec. 5307
  • Agricultural products: includes all agricultural, horticultural, vegetable, fruit and floricultural products of the soil, livestock and meats, wool, hides, poultry, eggs, dairy products, nuts, mushrooms and honey, but does not include timber products. See Delaware Code Title 3 Sec. 8501
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Apiary: means any place where one or more colonies of honeybees are kept. See Delaware Code Title 7 Sec. 4702
  • Appliances: means any apparatus, tools, machine, or other device used in the handling of bees, honey, wax and hives, and includes smokers, veils, gloves, hive tools, extractors, as well as any container of bees, honey or wax which may be used in an apiary or in transporting bees and their products. See Delaware Code Title 7 Sec. 4702
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Association: means a corporation formed under this chapter. See Delaware Code Title 3 Sec. 8501
  • At large: means livestock that strays from confinement or restraint and from the property of the owner including livestock that strays into a confined area that is owned by a person other than the owner of the livestock. See Delaware Code Title 7 Sec. 5307
  • Balanced budget: A budget in which receipts equal outlays.
  • Bee equipment: means hives, supers, frames, sections, wax foundation, wax, comb and honey. See Delaware Code Title 7 Sec. 4702
  • Bees: means any stage of development of the common honeybee, Apis Mellifera, or of any other bee species being transported into Delaware for any purpose. See Delaware Code Title 7 Sec. 4702
  • Board: means the Board of Directors of the Fort DuPont Redevelopment and Preservation Corporation. See Delaware Code Title 7 Sec. 4732
  • Clerk of the peace: means the clerk of the peace of the county, Kent or Sussex, in which the park district is located. See Delaware Code Title 9 Sec. 702
  • Colony: means the hive and its bees, comb and equipment. See Delaware Code Title 7 Sec. 4702
  • Commission: means the county park and recreation commission. See Delaware Code Title 9 Sec. 602
  • Commission: means the park commission of a park district established by an election under the provisions of this chapter. See Delaware Code Title 9 Sec. 702
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • comprehensive development plan: shall mean , from and after the respective dates by which the counties must be in compliance with this subchapter, a plan that meets the requirements of this subchapter. See Delaware Code Title 9 Sec. 2652
  • Coordination: as used in this chapter means, in general terms, to act jointly, concurrently, and/or harmoniously toward a common end or purpose. See Delaware Code Title 9 Sec. 2652
  • Corporation: means the Fort DuPont Redevelopment and Preservation Corporation to be established pursuant to § 4733 of this title. See Delaware Code Title 7 Sec. 4732
  • Council: means the Advisory Council of the Fort DuPont Redevelopment and Preservation Corporation. See Delaware Code Title 7 Sec. 4732
  • County: means New Castle County. See Delaware Code Title 9 Sec. 2201
  • County: means New Castle. See Delaware Code Title 9 Sec. 2652
  • County: means Kent County;

    (2) "Revenue bonds" means bonds to the payment of which all or any part of the revenues derived from the operation of any water system are pledged in accordance with this chapter;

    (3) "Service charges" means rents, rates, fees or other charges charged or collected under § 4509 of this title;

    (4) "Water system" means all real and personal property necessary or useful in the collection, acquisition, treatment, purification and distribution of water, together with any principal or ancillary rights appurtenant thereto. See Delaware Code Title 9 Sec. 4501

  • County government: means the county governing body. See Delaware Code Title 9 Sec. 602
  • County government: means the county governing body. See Delaware Code Title 9 Sec. 702
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Department: means the Department of Agriculture. See Delaware Code Title 7 Sec. 4384
  • Department: means the State Department of Agriculture. See Delaware Code Title 7 Sec. 5301
  • Department: means the Department of Agriculture. See Delaware Code Title 7 Sec. 5307
  • Department: means the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4732
  • Department of Finance: means the Department of Finance of New Castle County in which the park district is located. See Delaware Code Title 9 Sec. 702
  • Dependent: A person dependent for support upon another.
  • Development: means any construction or reconstruction of any new or existing commercial or residential building(s) or structure(s) upon lands which are not owned by the State or its agencies or its political subdivisions, or are not within the jurisdictional control of the State or its agencies or its political subdivisions. See Delaware Code Title 9 Sec. 2652
  • Development order: means any order granting, denying or granting with conditions an application for a development permit. See Delaware Code Title 9 Sec. 2652
  • Development permit: includes any building permit, zoning permit, subdivision approval, rezoning, certificate of occupancy, special exception, variance or any other official action of local government having the effect of permitting the development of land. See Delaware Code Title 9 Sec. 2652
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • dollars: means lawful money of the United States. See Delaware Code Title 6 Sec. 4307
  • Dower: A widow
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equine: includes all horses of every type and description. See Delaware Code Title 7 Sec. 4384
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fort DuPont: means such real property, as well as such facilities, personal property, buildings, and fixtures located thereon, owned by the State along the Delaware River bounded by the Chesapeake and Delaware Canal on the south, and a branch canal, currently separating it from Delaware City, on the north, which includes the Fort DuPont State Park, the Governor Bacon Health Center, and surrounding lands, tax parcel numbers 1202300020, 1202300021, 1203000001, and 1203000002. See Delaware Code Title 7 Sec. 4732
  • Fraud: Intentional deception resulting in injury to another.
  • Governing body: means the chief governing body of County Council, however designated, or the combination of such bodies where joint utilization of the provision of this subchapter is accomplished as provided herein. See Delaware Code Title 9 Sec. 2652
  • Hive: means frame hive, box hive, barrel, log gum, skep or any other container, or any part thereof, which may be used as a domicile for bees. See Delaware Code Title 7 Sec. 4702
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspector: means any qualified person who is appointed by the Department for the purpose of inspecting honeybee colonies. See Delaware Code Title 7 Sec. 4702
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Land: means the earth, water and air, above, below or on the surface, and includes any improvements or structures customarily regarded as land. See Delaware Code Title 9 Sec. 2652
  • Land development regulations: means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any County Council zoning, rezoning, subdivision, building construction or sign regulations or any other regulations controlling the development of land. See Delaware Code Title 9 Sec. 2652
  • Land use: means the development that has occurred on the land, the development that is proposed by a developer on the land or the use that is permitted or permissible on the land under an adopted comprehensive plan. See Delaware Code Title 9 Sec. 2652
  • Legal voter: means every citizen resident in a proposed or existing park district, who would be entitled at the time of holding an election under this chapter to register and vote in any election district of which a proposed or existing park district is a part at a general election, if such general election were to be held at the time of any election under this chapter, whether or not he or she is at that time a registered voter. See Delaware Code Title 9 Sec. 702
  • Livestock: means any cattle, sheep, swine, goats, horses, mules, other equines, poultry or cultured aquatic stock. See Delaware Code Title 7 Sec. 5301
  • Livestock: means domesticated species including: bovine, camelid, cervid, equine, swine, ruminants, ratites, rabbits, poultry, and other animals harvested for food, fiber, fur, or leather. See Delaware Code Title 7 Sec. 5307
  • Livestock dealer: means every recognized dealer engaged in the business of buying, selling or transporting livestock or operating a livestock auction or a livestock sales facility. See Delaware Code Title 7 Sec. 5301
  • Local government: means any municipality. See Delaware Code Title 9 Sec. 2652
  • Local planning agency: means the agency designated to prepare the comprehensive plan required by this subchapter. See Delaware Code Title 9 Sec. 2652
  • local service function: as used in this chapter , shall mean a local governmental service, or a group of closely allied governmental services, performed by New Castle County, or by a municipality within New Castle County, for its inhabitants and for which, under constitutional and statutory provisions and judicial interpretations, the County, or any municipality as distinguished from the State, has a primary responsibility for provision and financing. See Delaware Code Title 9 Sec. 1102
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Mite: means Acarapis woodi, Varroa jacobsoni. See Delaware Code Title 7 Sec. 4702
  • Month: means a calendar month, unless otherwise expressed. See Delaware Code Title 6 Sec. 4307
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • municipality: as used in this chapter , shall mean any municipal corporation located within New Castle County, and incorporated pursuant to law by the General Assembly of this State, which performs for its residents any local service function and pays the cost thereof out of its own revenue sources. See Delaware Code Title 9 Sec. 1102
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • newspaper of general circulation: means a newspaper published at least on a weekly basis and printed in the language most commonly spoken in the area within which it circulates, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper whose primary function is to carry legal notices or a newspaper that is given away primarily to distribute advertising. See Delaware Code Title 9 Sec. 2652
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parcel of land: means any quantity of land capable of being described with such definiteness that its locations and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. See Delaware Code Title 9 Sec. 2652
  • Park or recreation area: means any area of real estate located within the park district suitable for the promotion of the health and recreation of the residents of the park district. See Delaware Code Title 9 Sec. 702
  • Patron: means a person engaged in agriculture whose products are sold by or supplies purchased through the association, or who has executed a contract with the association to sell all or a part of the patron's agricultural products to or through the association. See Delaware Code Title 3 Sec. 8501
  • Person: means an individual, corporation, governmental agency, statutory trust, business trust, estate/trust, partnership, association, 2 or more persons having a joint or common interest or any other legal entity. See Delaware Code Title 9 Sec. 2652
  • Person: includes veterinary practitioner, racetrack official, racing commission official, private horse owner, trainer, jockey or private person. See Delaware Code Title 7 Sec. 4384
  • Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Delaware Code Title 7 Sec. 5301
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
  • Public facilities: means major capital improvements over which the County has jurisdiction. See Delaware Code Title 9 Sec. 2652
  • public meeting: means publication of notice of the time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area. See Delaware Code Title 9 Sec. 2652
  • Receiver of taxes and county treasurer: means the receiver of taxes and county treasurer of the county, Kent or Sussex, in which the park district is located. See Delaware Code Title 9 Sec. 702
  • Redevelopment plan: means the draft master plan for the redevelopment of the Fort DuPont complex dated October 2013, as may be amended from time to time by the Board, which is intended to guide the redevelopment of the Fort DuPont Complex. See Delaware Code Title 7 Sec. 4732
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Revenue bonds: means bonds to the payment of which all or any part of the revenues derived from the operation of any sewerage system are pledged in accordance with this chapter. See Delaware Code Title 9 Sec. 2201
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Service charges: means rents, rates, fees or other charges charged or collected under § 2209 of this title. See Delaware Code Title 9 Sec. 2201
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sewerage system: means the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections, and outfalls, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for such purposes. See Delaware Code Title 9 Sec. 2201
  • Subpoena: A command to a witness to appear and give testimony.
  • Suburban park community: means any unincorporated community within the State:

    a. See Delaware Code Title 9 Sec. 602

  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Unenclosed lands: means lands, other than the livestock owner's property, where the livestock would be able to run loose, free of confinement, or otherwise unrestrained by the livestock owner. See Delaware Code Title 7 Sec. 5307
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.