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CONCERNING CITIES AND TOWNS.

neglect.

No declaration required

Where no

Penalty for thonotary of each county, to be filed in his office; any person

violating this provision shall forfeit and pay five hundred dollars to any person who will sue for the same.

SECTION 2. No declaration shall be necessary, nor shall any cognovit be required for the confession of any judgment; and every warrant of attorney authorizing the confession of judgment, whether after declaration filed or otherwise, shall be taken to authorize such confessions without the filing of any such declaration.

SECTION 3. No judgment D. S. B., heretofore entered, shall be declaration taken to be invalid because it does not appear that judgments

declara

any not invalid. tion or cognovit was filed prior to the entering of the same, but

whenever such declaration is required by the bond on which such judgment was entered, the court before whom any question

shall be raised about the validity of such judgment for want of Declaration such declaration shall allow such declaration to be filed, nunc

pro tunc, and the filing thereof, by virtue of such allowance, shall have the same effect as if it had been filed as the authority for the entering of such judgment.

SECTION 4. This act shall be taken to be an addition to Chap

ter 106 of the Revised Code, and hereafter shall be read and conFuture pub-strued as part thereof; and in any

addition* the laws hereafter to be published, it shall be incorporated therein with an appropriate numerical change of sections.

Passed at Dover, February 9, 1866.

nunc pro func.

Act to be ad ditional.

* So in enrolled bill.

CHAPTER 33.

OF TIIE CITY OF WILMINGTON,

Rev. Code, 209.
Ser. l. Sec. 67 of Chap. 73, amended.

Sec. 1. In relation to footways, gutters and

curbs.

Kav. Code,

209.

di Art to comeu Chapter 7:3 of the Rrrised Code entitled, . Of the City of

Hilmington."
Be it enacted by the Senate anul IIouse of Representatives of the
State of Delaware in General Assembly met, (two-thirds of each
house concurring)

SECTION 1. That Section 67 of Chapter 73 of the Revised
Code be amended by the addition thereto of the following words

and figures, viz: And the City Council may further in their disthe foot wars cretion in granting such application, cause such street, lane or curbs, amnen- alley, or any part thereof, to be paved between the curbings

agreeably to the true regulations of said street, lane, or alley,

Sec. 67 of
C14. 73
Rev. Code.
in relation to

and

ded

CONCERNING CITIES AND TOWNS.

under the direction of the street committee, in the same manner, with the same powers and effect, to the same extent, and subject to the provisions of Section 24 of an act to amend the Charter of the City of Wilmington, passed at Dover, February 20, 1857, the same as if their said action were taken under the authority of said last mentioned section; and upon the application of two or more freeholders, residing or holding property on such street, lane, or alley, to cause it to be paved.

Passed at Dover, January 25, 1866.

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209.

of the city

du duditional Act to amend Chapter 73 of the Revised Code entitled, Rev. Code,

Of the City of Wilmington."
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met, (two-thirds of each
branch thereof concurring, as follows:)

SECTION 1. The city council shall have the entire jurisdiction Control or and control within the limits of said city of the drainage thereof, the drainage and may pass ordinances for the opening of gutters, drains and sewers within the limits thereof, and the regulating, maintaining, cleansing and keeping the same and the natural water courses, runs and rivulets within the said limits open, clear and unobstructed, and for that purpose may authorize the entry upon private land, and by general regulations prescribe the mode in which they shall be opened, maintained, cleansed and kept open and unobstructed and who shall bear the expense thereof, and may, in its discretion, assess the costs thereof upon the persons and property, real and personal, of those particularly benefited thereby, or of those owning or holding lands through or along which said sewers, drains or water courses shall flow or pass, and prescribe the mode of collection thereof: Provided, That nothing Proviro herein contained shall be construed to authorize the taking of private property for public use without just compensation.

Passed at Dover, January 30, 1866.

CONCERNING CITIES AND TOWNS.

CHAPTER 35.

OF THE CITY OF WILMINGTON,

Rev. Code, 209.
Src. 1. Section 4 of Chap. 73 Rev. Code, amen-

ded.
Clergymen not elegible to office.

Sec. 2. Section 16 of said Chapter, in relation to

Electors' qualifications atnended. How

Rev. Code.

209.

An Act to amend Chapter 73 of the Revised Code entitled,

of Ililmington."

Of the City

Sec. 4 Chap 73 of the Re

amended.

not elegible to office.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That Section 4 of Chapter 73 of the Revised Code rised Code of the State of Delaware be and the same is hereby amended by

adding to the end thereof the following, to wit: “No ordained Clergymen clergyman or ordained minister of the gospel, of any denomina

tion, shall be eligible to any oflice established under or by virtue of this chapter or any amendment or supplement thereto."

SECTION 2. That Section 16 of the said Chapter be amended fleetation to by striking out of the fourth line of said Section the words, “ for qualitication that year," and inserting in lieu thereof the words “ within two

years;" also, by striking out of the said Section all between the
word “vote,” in the fifth line, and the word “if,” in the eleventh
line thereof.

Passed at Dover, February 14, 1866.*
* Signed by the Speaker of the House.

Sec. 16 of said Chap

Electors'

How

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CHAPTER 36.

MILFORD.

7 Vol. 441.
SEC. 1. Town Commissioners authorized to curb

and pave a certain street.
2. The Commissioners shall curb and pave

upon the neglect or refusal of said
Owners,

| Sec. 3. Sec. 4 of the act of Feb. 14, 1857, a part

of this act. 4. Penalty for neglect of Commissioners, 3. Of crossings

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Town Com inissioners authorized to carb and pave a cer

7 Vol. 441. A further additional Supplement to the act entitled, An Act to amend

the act entilled An Act directing the choosing of Commissioners to regulate and repair the Streets of Milford, and for other purposes.'

SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Delaware in General Assembly met, That it

shall and may be lawful for the Town Commissioners of the Town iniu street. of Milford, and they are hereby directed to cause North Street,

CONCERNING CITIES AND TOWNS.

Commission

the

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The

curb and pave upon

in said Town of Milford to be curbed with stone and paved with
hard brick of * the width of five feet on each side of said North
street, from its intersection with Front street on the western side,
to the southern boundary of Fourth street, and on the eastern
side to Causey, or said Fourth street. It shall be the duty
of the said commissioners, upon notice being served upon
them or any one of them in writing, signed by five or more
freeholders of the said town, requesting them to cause said
street, within the limits aforesaid, to be curbed and paved as ens to notify
aforesaid, within five days thereafter to notify the owners of of property
the property along the said street, on each side thereof, to street to pave
have said curbing and paving done within ninety days from sadeurb the
the service of said notice; and if such notice cannot be served of the ser:
upon any owner for any cause whatsoever, the commissioners tice.
shall cause a notice to be posted up in front of such property as
may be owned by persons upon whom notice cannot be served in
person on account of their residing without the corporate limits
of the Town of Milford.

SECTION 2. And be it further enacted by the authority aforesaid,
That if any landowner along the line of said North street, within
the limits mentioned in the first section of this act, shall refuse or
neglect to curb or pave in front of or along the line of their res- sioners shali
pective properties for the space of ninety days from the service
of notice as contemplated by Section 1, then it shall be the duty the neglect
of the said commissioners to cause the same to be done within said owners.
ninety days from such neglect or failure.

SECTION 3. And be it further enacted by the authority aforesaid,
That the provisions of Section 4 of the supplement to the act to Sect of the
which this is a further additional supplement, passed at Dover, 14, 1851,

a
February 14th, 1851, be and the same are incorporated in and
made a part of this act so far as the same may be applicable
thereto and not inconsistent therewith.

SECTION 4. And be it further enacted by the authority aforesaid,
That if said commissioners shall refuse or neglect to perform the
duties enjoined on them by this act, they shall be liable to a fine Penalty for
of fifty dollars each, to be recovered at the suit of any person commission-
who may inform upon them to any magistrate or Justice of the
Peace, one-half of said fine shall be for the use of the informer,
and the other half for the use and benefit of the Town of Mil-
ford, and they shall also be liable for all costs incurred. Pro-
ceedings shall be conducted and execution issued as for other
fines imposed by a Justice of the Peace.

SECTION 5. And be it further enacted by the authority aforesaid,
That whenever said North street crosses any street within the
So in enrolled bili.

or refusal of

of Feb.

this

part act.

neglect

Of crossings.

CONCERNING CITIES AND TOWNS.

limits described in this act, the said Commissioners shall cause to be made good and suitable crossings, at the expense of said Town of Milford.

Passed at Dover, January 30, 1866.

CHAPTER 37.

OF THE CITY OF WILMINGTON.

12 Vol. 103 and 177.
SEC, 1. Section 1 of Chap. 73, as amended by 1

acts to which this is a supplement,

stricken out.
Limits of the City of Wilmington de-

fined.
2. Powers of Mayor and Council extended

to new limits.
Laws and ordinances now in force to

apply to new limits.
3. Duties of City Assessors in relation to

persons and property embraced in new

limits.
No appeal allowed.
Land, part within the city and part

without, how assessed.
In such cases appeal allowed.

Sec. 3. Assessor to assess persons not on county

assessment. Tax not to be laid till 1967. . City Wards to continue as heretofore, and

as enlarged by new limits. 5. City Council not to cause any person

within new limits to pave or curb

streets, &c., till two years. Exceptious. 6. Lines of School Districts within new

limits to remain as at present for two

years for school purposes. 7. Roads, how vacated.

Notice.

Damages, how valned.
8. Inconsistent acts repealed.

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12 Vol. 103 and 177.

a

Sec. I of

A further Supplement to the act entitled, An Act to amend Chapter 73 of

the Reviscil Coile entitled, Of the City of Wilmington,?passed at Dover, February 28, 1861, and to the Supplement to the said act, passed at Dover, on the 7th of March, 1861.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring,) as follows:

SECTION 1. The first section of Chapter 73 of the Revised Code, as amended by the acts to which this is a further supplement, so

far as the boundaries of the City of Wilmington are set forth, is Chap. 73, as amended by hereby stricken out, and the following limits assigned to said acts which this is a sup.city and inserted in lieu of so much of said acts so stricken out,

that is to say: The City of Wilmington shall be bounded as

follows, viz: Beginning at the Delaware River, at a point one Limits of the thousand yards eastwardly from a stone set or to be set in the Cincon de middle of the westerly bank of said river, in a line with the

northerly side of Thirteenth street, extended; thence by a line forming an extension of said street without any change of course thereof, to the easterly side of the Brandywine Creek; thence along the same about one and a quarter miles to the old ford above the head of tide water, and continuing along said side of

plement stricken out.

mington . ged.

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