Terms Used In Delaware Code > Title 7 > Chapter 43 - Dredging and Management of Lagoons

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• 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.
• 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.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Apiary: means any place where one or more colonies of honey bees are kept. See Delaware Code Title 3 Sec. 7501
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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 3 Sec. 7501
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• 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 3 Sec. 7700
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bee equipment: means hives, supers, frames, sections, wax foundation, wax, comb and honey. See Delaware Code Title 3 Sec. 7501
• Bees: means any stage of development of the common honey bee, Apis mellifera, or of any other bee species being transported into Delaware for any purpose. See Delaware Code Title 3 Sec. 7501
• Benefited property: means a nonexempt specially-assessed property located within a neighborhood improvement district that benefits from enhanced services and related programs based on a rational nexus test. See Delaware Code Title 9 Sec. 3503
• Bequest: Property gifted by will.
• Building: means any structure, building, edifice or part thereof;

  (2) "Chief of Building Inspections" means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Chief's designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Acting Chief's designee;

  (3) "Construction" means alteration, removal, demolition, addition, repair or construction of any new or old building. See Delaware Code Title 9 Sec. 4401

• Colony: means the hive and its bees, comb and equipment. See Delaware Code Title 3 Sec. 7501
• Commission: means the Delaware Harness Racing Commission. See Delaware Code Title 3 Sec. 10001
• Commissioner: means a member of the Delaware Harness Racing Commission. See Delaware Code Title 3 Sec. 10001
• Control: means to curb or hold in check and includes, but is not limited to, abatement, containment, eradication, extermination or suppression. See Delaware Code Title 3 Sec. 7501
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost of services: includes consulting fees, professional fees, preliminary planning expenditures, feasibility study expenditures, financing costs, administrative costs, and any other expenditures necessary or incidental to the development or provision of enhanced services and related programs. See Delaware Code Title 9 Sec. 3503
• County: shall mean Kent County. See Delaware Code Title 9 Sec. 4601
• county sewer district: shall mean any sewage disposal district or sanitary district established pursuant to this chapter. See Delaware Code Title 9 Sec. 4601
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 7401
• Department: means the Delaware Department of Agriculture. See Delaware Code Title 3 Sec. 7501
• Department: means the State Department of Agriculture. See Delaware Code Title 3 Sec. 7602
• Department: means the Department of Agriculture. See Delaware Code Title 3 Sec. 7700
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• District advisory council: means an optional advisory committee comprised of property owners and residents from the neighborhood improvement district that may be established under § 3507 of this title for the purpose of providing recommendations to the neighborhood improvement district management association regarding needed enhanced services within the district. See Delaware Code Title 9 Sec. 3503
• Docket: A log containing brief entries of court proceedings.
• dollars: means lawful money of the United States. See Delaware Code Title 1 Sec. 302
• Dower: A widow
• Enhanced services: means additional or increased services aimed at improving the ability of property owners and residents to enjoy a safer and healthier neighborhood due to the provision of expanded services, which include services such as district-wide street cleaning, district-wide snow removal, district-wide trash removal, and maintenance of open space. See Delaware Code Title 9 Sec. 3503
• Equine: includes all horses of every type and description. See Delaware Code Title 3 Sec. 7401
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Eradication: means to burn or discard of bees, combs, and frames, or other equipment. See Delaware Code Title 3 Sec. 7501
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exotic mite: means Tropilaelaps clarae, Varroa jacobsoni, Varroa rindereri, Varroa sinhai, Varroa wongsirii, or other non-endemic species. See Delaware Code Title 3 Sec. 7501
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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 3 Sec. 7501
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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 honey bee colonies. See Delaware Code Title 3 Sec. 7501
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means any cattle, sheep, swine, goats, horses, mules, other equines, poultry or cultured aquatic stock. See Delaware Code Title 3 Sec. 7602
• 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 3 Sec. 7700
• 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 3 Sec. 7602
• Mite: means Acarapis woodi, Varroa destructor. See Delaware Code Title 3 Sec. 7501
• Mite infestation: means the parasite or pathogen will threaten the colony health if action is not taken. See Delaware Code Title 3 Sec. 7501
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Neighborhood: means a limited geographic area situated within an unincorporated area of New Castle County and located in a residential district, the limits of which form the neighborhood improvement district boundaries, as identified on a filed record plan. See Delaware Code Title 9 Sec. 3503
• Neighborhood improvement district: means a neighborhood, as identified on a filed record plan, in which a special assessment is levied on designated property, other than exempt property, for the purpose of promoting the general health and welfare of the district, hereinafter referred to as a "NID. See Delaware Code Title 9 Sec. 3503
• Neighborhood improvement district management association: means the corporate body that oversees the management of each neighborhood improvement district established pursuant to § 3506 of this title, which hereinafter shall be referred to as a "NIDMA. See Delaware Code Title 9 Sec. 3503
• Oath: A promise to tell the truth.
• Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes veterinary practitioner, racetrack official, racing commission official, private horse owner, trainer, jockey or private person. See Delaware Code Title 3 Sec. 7401
• Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Delaware Code Title 3 Sec. 7602
• Person: means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;
  9 Del. See Delaware Code Title 9 Sec. 4401
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probate: Proving a will
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• Rational nexus: means that there is a rational, definable benefit that accrues to any nonexempt property owner assessed a special assessment fee for said benefit in a NID created under this chapter. See Delaware Code Title 9 Sec. 3503
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Residential district: means , for purposes of this chapter, a limited geographical area comprised of real property consisting predominantly of buildings and structures for housing individuals and families, including single-family detached homes, single-family semi-detached homes, townhouses, condominiums, apartments, manufactured homes, modular homes, and any combination of the above. See Delaware Code Title 9 Sec. 3503
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• sanitary district: shall mean a county sewer district established to provide 1 or more facilities necessary or convenient for the collection of sewage, the treatment of such sewage and delivery of such treated effluent into the facilities of a sewage disposal district for final treatment. See Delaware Code Title 9 Sec. 4601
• Secretary: means the Secretary of the State Department of Agriculture or the Secretary's designee. See Delaware Code Title 3 Sec. 7602
• Service area: means the area within the boundaries of the NID in which the NIDMA provides or administers enhanced services. See Delaware Code Title 9 Sec. 3503
• sewage: shall mean all types of human or animal waste, industrial or commercial waste or any other waste suitable for treatment and disposal through the facilities of sewage treatment plants. See Delaware Code Title 9 Sec. 4601
• sewage disposal district: shall mean a county sewer district established to provide 1 or more sewer facilities necessary or convenient for the transmission, final treatment and disposal of effluent received from the sewage collection facilities of a sanitary sewer district or from any other source as specifically provided herein. See Delaware Code Title 9 Sec. 4601
• special assessment fee: means the fee assessed on nonexempt properties within a NID levied by the county for purposes of providing enhanced services in a district under § 3508 of this title. See Delaware Code Title 9 Sec. 3503
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• Statute: A law passed by a legislature.
• Summons: Another word for subpoena used by the criminal justice system.
• Sunset provision: means a provision in the NIDP which, under § 3505 of this title, provides for the dissolution of the NID, unless re-enacted by County Council, on a date up to 5 years from commencement as identified in the approved Final NIDP and in the county ordinance establishing a NID. See Delaware Code Title 9 Sec. 3503
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• 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 3 Sec. 7700
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Verdict: The decision of a petit jury or a judge.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302