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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.

An Additional 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 of 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 Proviso herein contained shall be construed to authorize the taking of private property for public use without just compensation.

Passed at Dover, January 30, 1866.

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Rev. Code.

209.

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

of Wilmington."

Of the City

Sec. 4 Chap 73 of the Re

amended.

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 office 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

by striking out of the fourth line of said Section the words, “ for qualification 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.

See. 16 of
said Chap
in relation to
Electors'

How

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, 5. Of crossings.

7 Vol. 441.

A Further additional Supplement to the act entitled, 6. An Act to amend

the act entitled An Act directing the choosing of Commissioners to regu

late and repair the Streets of Mälford, and for other purposes.'' Town Com- SECTION 1. Be it enacted by the Senate and House of Represenmissionerx. tatives of the State of Delaware in General Assembly met, That it

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

pave a cer

CONCERNING CITIES AND TOWNS.

Commission

and curb the same.

The cominis.

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 ers 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 the service of said notice; and if such notice cannot be served of the serupon 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 skati pective properties for the space of ninety days from the service curb and 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 see some of the which this is a further additional supplement, passed at Dover, 14, 1851, February 14th, 1851, be and the same are incorporated in and act. 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 commissionwho 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 Milford, and they shall also be liable for all costs incurred. Proceedings 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

Of crossings. * So in enrolled bill.

ers

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. 3. Assessor to assess persons not on county SEC. 1. Section 1 of Chap. 73, as amended by

assessment. acts to which this is a supplement,

Tax not to be laid till 1567. stricken out.

4. City Wards to continue as heretofore, and Limits of the City of Wilmington de

as enlarged by new limits. fined.

3. City Council not to cause any person 2. Powers of Mayor and Council extended

within new limits to pave or curb to new limits.

streets, &c., till two years. Laws and ordinances now in force to

Exceptions. apply to new limits.

6. Lines of School Districts within new 3. Duties of City Assessors in relation to

limits to remain as at present for two persons and property embraced in new

years for school purposes. limits.

7. Roads, how vacated.
No appeal allowed.

Notice.
Land, part within the city and part | Damages, how valued.
without, how assessed.

5. Inconsistent acts repealed.
In such cases appeal allowed.

12 Vol. 103 and 177.

Sec. 1 of

,

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

the Revised Code 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 amended by hereby stricken out, and the following limits assigned to said ihis is a sup. city and inserted in lieu of so much of said acts so stricken out, plement 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 City of Wil: 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

stricken out.

ined.

CONCERNING CITIES AND TOWNS.

said creek about 3,300 feet, or until it reaches a point 6,968 feet (measured at right angles) from the northerly side of Front street, extended westwardly; thence north fifty-eight degrees west and parallel with Front street, to a line intersecting Front street at right angles at the distance of 2,330 feet westerly from the corner of Broom street; thence along said line south 32 degrees west and parallel with Market street 6,968 feet to the northerly side of Front street, extended, (2,330 feet westerly from the centre of Broom street); thence continuing the same course over Front street to a point 1,690 feet from the southerly side thereof; thence south 58 degrees east and parallel with Front street to the northerly side of the Christiana Turnpike Road; thence by a line running southerly, and at right angles to said turnpike, to a marked stone intended to be set in the bank at the southerly side of Christiana River; thence easterly parallel with Front street to the Delaware River aforesaid, to a point therein one thousand yards from a marked stone intended to be set in the middle of the western bank of said river, and thence thereby northerly to the place of beginning.

SECTION 2. Within the limits of the City of Wilmington Powers of established by this act, the Mayor and Council of Wilmington Council exshall be vested with all power, rights, privileges and immunities tended to the which before this time belonged to them as a municipal corporation. All the laws, ordinances and regulations in force within Laland the former city limits, and not locally inapplicable, shall be now in force extended and applied to the new territory comprised within the new limits. boundaries as set forth in the first section of this act.

SECTION 3. The City Assessors shall, as to all real estate not Duty of City heretofore within the city but now comprised within the lines described in Section 1, and as to the capitation rates for poll taxes, transfer the assessment thereof from the assessment list of New Castle county for the year 1866, two-thirds of which assessment shall continue to be the assessment thereof, without change or alteration, for the term of two years. No appeal shall be taken All appeal from the assessment so made. Where a piece of land has been in case land, assessed as an entirety on the county assessment and a part thereof is within the has been brought within the city by the new boundaries, it shall city and part be the duty of the City Assessor to assess such part as nearly as may be conformably to the county rate. From such assessment appeal alan appeal shall lie as in other cases. Persons residing in the lowed. newly acquired territory, and not found on the county assessment, shall from time to time be rated for poll tax by the City Assessor, Persons not from which there may be an appeal. No tax shall be laid by on county the city upon such transferred assessments prior to the year 1867. Tax not to Taxes laid upon assessments transferred from the county list 1867. shall be upon the rate of six

cent. upon

said assessments.

Assessors.

In such cases

per

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