Rev. Code, 209. Sec. 4 Chap. 73 of the Re vised Code amended. An Act to amend Chapter 73 of the Revised Code entitled, “Of the City of Wilmington." 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 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 denomination, shall be eligible to any office established under or by virtue of this chapter or any amendment or supplement thereto." not elegible to office. See. 16 of said Chap. Electors' SECTION 2. That Section 16 of the said Chapter be amended in relation to 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. amended. How. Passed at Dover, February 14, 1866.* * Signed by the Speaker of the House. 7 Vol. 441. Town Com authorized to A Further additional Supplement to the act entitled, An Act to amend the act entitled 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 Represenmissioners tatives of the State of Delaware in General Assembly met, That it curb and shall and may be lawful for the Town Commissioners of the Town tain street. of Milford, and they are hereby directed to cause North Street, pave a cer CONCERNING CITIES AND TOWNS. Commission 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 pare have said curbing and paving done within ninety days from and curb the 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. the owners on said same. vice of no 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 The commisneglect to curb or pave in front of or along the line of their res- sioners shall 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. pave upon or refusal of act of Feb. SECTION 3. And be it further enacted by the authority aforesaid, That the provisions of Section 4 of the supplement to the act to Sec. 4 of the which this is a further additional supplement, passed at Dover, 14, 1551, a 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. part of this neglect of ers. 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 So in enrolled bill. 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. 12 Vol. 103 and 177. Chap. 73, as acts to which stricken out. 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 Sec. 1 of 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 this 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 ined. 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 mington de 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. Mayor and new limits. 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 Laws and 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. ordinances to apply to Assessors. allowed. part of which 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 No 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 In such cases may be conformably to the county rate. From such assessment an 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 asthe 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 per cent. upon said assessments. without. appeal al sessment. be laid till City wards and as en new limits. CONCERNING CITIES AND TOWNS. SECTION 4. Hereafter the First Ward of the City of Wilmingto continue ton shall comprise all the present first ward and that portion of as heretofore the new territory lying west of the causeway or public road larged by leading from Wilmington to New Castle. The Second Ward shall comprise all the present Second Ward and that portion of the new territory lying east of the causeway or before-mentioned road to New Castle and south of Fourth street extended to the river Delaware. The Fourth Ward shall comprise the present Fourth Ward and that portion of the new territory lying east of it and between Fourth and Tenth streets, extended to the river Delaware. The Fifth Ward shall comprise all the present Fifth Ward and that portion of the new territory acquired by this act lying north of Tenth street. The Third Ward shall remain with its present limits. City Council not to cause within new SECTION 5. It shall not be lawful for the City Council, for two any person years from the passage of this act, to cause any paving of streets limits to or sidewalks, or any curbing in said extended territory of said pave or curb city, unless such curbing or paving be asked for by persons owning at least two-thirds of all the front of each and every square, Exceptions. in front of which it shall be proposed to curb or pave. streets, &c., till two years. Lines of tricts, with SECTION 6. The lines of any School District brought into the School Dis- City of Wilmington by the extension authorized by this act of in new limits the limits of said city shall, for the term of two years, for all at present school purposes, remain as the same now are; and all persons for two years within the said new lines shall have their school privileges, in to remain as for school purposes. Roads how vacated. Notice. the schools of said Districts as heretofore existing, and not in the Public Schools of Wilmington, and shall be assessed, and the property within said lines shall be assessed for the term aforesaid, for the support of the Schools of said respective Districts, in the same manner and to the same effect as before the passing of this act; and no school tax for the Public Schools of Wilmington shall be levied on said persons or property during said term. SECTION 7. Be it further enacted as aforesaid, That no public or private road included within the limits of said city shall hereafter be vacated, either upon the application of the City Council or of any person interested, unless notice of the intention to apply, either to the General Assembly or to the Court of General Sessions of the Peace and Jail Delivery, to vacate such public or private road, be first published for the period of thirty days, in two of the newspapers published in said city, prior to such application; and when any such roads shall have been vacated as Damages, aforesaid, any person sustaining injury thereby may apply to the Court of General Sessions of the Peace and Jail Delivery in and for New Castle county to appoint three disinterested and impartial persons to value the damages which he has sustained, and how valued. |