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CONCERNING CITIES AND TOWNS.

CHAPTER 173.

CITY DEBT OF WILMINGTON.

10 Volurae, 329.
SEC. 1. Chancellor and Chief Justice anthorized

to appoint Water Commissioners.
Vacancies.

Official term.
2. Powers of commissioners.
3. Water Loan.

Rate of interest.

When payable.
4. Annual appropriations for redemption

of Water loan.

SEC. 5. City Treasurer to hold moneys raised

from Water loan. Same to be subject to order of commis.

sioners.
6. Condemnation of land for purposes of

this act.
7. Duties of commissioners
S. Salaries of commissioner

Their bond.

10

1. 329. A Further Supplement to the act entitled, An Act to limit the City Dent

of Wilmington, and to provide for the discharge thereof," passed Feb. ruary 21st, 1849.

Chancellor

missioners.

Vacancies

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), in compliance with the request of a public meeting of the citizens of Wilmington, specially called for the consideration of this question, and the tenor of this act having been approved by said meeting :

SECTION 1. That for the purpose of enlarging, improving, and Justice et extending the Brandywine Water Works, either by the use of thorized to water or steam power, the Chief Justice and the Chancellor of Water Com- this State are hereby authorized to appoint two suitable and judi

cious freeholders of the City of Wilmington to act as Water Commissioners of said city. In case of vacancy by death, resig. nation, or otherwise, during the term of office of said commissioners, the said Chief Justice and Chancellor shall make other appointments, but no person shall

, at any time, be appointed without the concurrence of both of them, the said Chief Justice and Chancellor. The term of office of said commissioners shall continue until the enlargement and improvement of said Water Works shall be completed, but shall not exceed the space of three years without reappointment.

SECTION 2. The power to enlarge, improve and extend the missioners Brandywine Water Works is hereby vested solely in said Water

Commissioners. They may, in their discretion, purchase or obtain lands or water powers, build reservoirs, erect pumping machinery, use the streets of the City of Wilmington or the roads of the County of New Castle for laying pipes, control the water power now owned by the city, join, on behalf of the city, with other mill owners on the Brandywine in improving the water power thereof, and generally do such things on behalf of the City of Wilmington as are believed by them to be desirable and advantageous in the premises.

SECTION 3. Upon two months' notice, by written application of said Water Commissioners to the City Council of Wilmington,

Official term.

Powers of
Water Com-

Water Loan.

CONCERNING CITIES AND TOWNS.

the said Council is hereby authorized and required to create a loan, and borrow money thereon, for the use of the said commissioners. Said loan shall be called the “Water Loan," and shall not, in any case, exceed the sum of two hundred thousand dollars. Said loan shall bear interest at a rate not exceeding six per Rate of centum per annum, payable semi-annually, and shall be payable When as follows, viz: one-third in twenty years from date, one-third in Payable. twenty-five years from date, and the remaining one-third in thirty years from date.

SECTION 4. When any loan shall be effected under this act, the annual apCity Council shall appropriate annually (within three years there- for redempafter) a sum equal in amount to at least three per centum of the Water Loan. amount of said loan so created for its redemption: Provided, That if some part of said loan cannot be purchased at par by the Commissioners of the Sinking Fund, they may redeem or buy another loan of the city that can be had at or less than par, or they may subscribe for any new loan that may be lawfully created by the city.

SECTION 5. The Treasurer of the City of Wilmington shall City Treasuhold all moneys raised from said Water Loan subject to the order monies of said Water Commissioners, and shall neither use nor permit Water Loan. it to be used for any other purpose whatsoever. He shall pay it, Samsubject or any portion of it, upon drafts signed by both of said Com Commissionmissioners.

SECTION 6. In case the said Water Commissioners shall be unable amicably to agree with the owners for the purchase of for purposes such land as may be required for the purpose of this act, then so much thereof as shall be required for the said purpose may be condemned and taken for the purposes of this act in the same manner and subject to the same conditions and proceedings as are by Section 23 of Chapter 376 of the Laws of this State, entitled®“ An Act to amend the Charter of the City of Wilming. ton," prescribed for condemning and taking land for the extend. ing, widening, laying out, or opening streets, except that the proceedings to be taken by the Sheriff under this section shall be pursuant to a warrant or precept to be issued under the hands of the Water Commissioners in the said city, and not by the Mayor and Alderman as in said act is provided; also, that the commission to be issued shall command the freeholders to whom it shall be directed to assess the damages that may result to the several owner or owners of the land required for the purpose of improving, enlarging and extending the Brandywine Water Works under this act.

SECTION 7. Said Commissioners shall cause to be kept a fair Daties of record of all their proceedings, and also full and true accounts missioners. of their receipts and disbursements, and they shall make to the

ere.

Condemnetion of land

CONCERNING CITIES AND TOWNS.

City Council a written report, at least once in each year, of the progress of the work, together with a statement of their receipts and disbursements for the previous year. No work of any kind shall be proceeded with until the sanction of both Commissioners be obtained, nor shall any contract, either for material, labor, or services, be binding unless signed by both of them. In case of conflict of opinion or jurisdiction between them and the Watering Committee of the City Council, either as to the old or the new works, or the connections between them, or upon any other point whatever, the decision of said Commissioners shall be absolute and final.

SECTION 8. Said Commissioners may allow themselves salaries during their terms of office, if in their opinion services to warrant have been rendered, not exceeding to each the sum of one

thousand dollars per annum, and for the faithful expenditure of Their bord moneys coming into their hands they shall each give bond to the

city, with sureties, to be approved by the Chief Justice and the Chancellor, in the sum of twenty-five thousand dollars.

Passed at Dover, March 13, 1867.

Salaries of Commission ere.

CHAPTER 174.

CATTLE NOT TO RUN AT LARGE IN MILTON

Sit. 1. The limits within which cattle are not

to run at large.
2. Impounding estrays.

Notice.
Sale

Sec. 2. Proceeds, how paid.
3. Conditions on which extrays are to be

restored to owner.
4. Providing food while estrays are im-

pounded

An Act to prohibit Cattle from running at large in the Town of Milton.

Limits within which

to run at large

SECTION 1. Be it enacted by the Senate and House of Represencattle are not tatives of the State of Delaware in General Assembly met, That

no cattle shall be suffered to go or run at large within the limits of one mile in every direction from the bridge which crosses

Broadkiln Creek in the Town of Milton. Impounding SECTION 2. And be it further enacted, That cattle so running at

large, within the limits aforesaid, may be taken and impounded Notice.

by any person who shall forth with give notice, in writing, to the owner or owners, if known, or if he, she, or they be unknown,

estrays.

CONCERNING CITIES AND TOWNS.

how paid.

or reside more than three miles distant, by advertisements posted in three public places of Broadkiln Hundred ; and any Constable may, after five days from the impounding, sell such cattle, on five sale. days' notice, by advertisements posted in five public places of the neighborhood, and the proceeds of sale, after deducting one Proceeds; dollar for each of said cattle and three per centum shall be paid one-half to the School Committee of the School District wherein the said cattle may have been taken for the benefit of the school in said District;* and the owner or owners, holder or holders of such cattle running at large, contrary to the provisions aforesaid, shall also be held liable for all damages by said cattle, to be recovered by an action of trespass at the suit of the damaged party.

SECTION 3. And be it further enacted, If the owner or owners Conditions of such cattle shall, before sale, pay to the person impounding trays are to the same the sum of one dollar for each one of his, her, or their bo restored said cattle, so as aforesaid impounded, and fifty cents a day for the keep of each one of said cattle, and to the Constable fifty cents for each one of said cattle, for advertising the same, the said cattle shall be restored to him, her, or them, or if the owner or owners reside out of the limits so as aforesaid prescribed, and has not, knowingly, suffered them to run at large within said limits, they shall be restored to him, her, or them, on his, her or their paying the keep and the Constable.

SECTION 4. And be it further enacted, That the person impound- Providing ing shall provide for the cattle so as aforesaid impounded neces- estrays are sary food and water.

impounded. Passed at Dover, February 12, 1867.

* So in enrolled bill.

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Vol. 12, 647. An Act to revive and continue in force and amend an act entitled, An

Act to incorporate the Town of Milton."

Act of March 17, 1865, in

vived

Sec. 1 of original act

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

all the provisions of "An act to incorporate the town of Milton,” passed at Dover, March 17, 1865, so far as they are applicable to the purposes for which the said act was passed, be and the same are hereby revived and continued in force, and shall have the same effect in law that they might or could have had at any time heretofore.

SECTION 2. Be it further enacted, That the act hereby revived amended. and continued in force be and the same is hereby amended by

striking out the names of James Ponder and Robert L. Lacy in the first section of said act, and inserting, in lieu thereof, the

names [of] William Russell and Lewis B. Chandler. Failure of SECTION 3. Be it further enacted, That any failure of the comers to per a missioners to perform the duties required of them by the act form duties aforesaid, at the time mentioned in said act, or any failure to solve corpo. elect commissioners at the times in said act specified, shall not

dissolve the corporation, but the commissioners for the time being shall hold their offices until successors be duly chosen, and in case commissioners are not elected at an annual meeting the commissioners may call a special meeting for that purpose.

Passed at Dover, March 11, 1867.

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