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. interest. propriation tion of 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. rer to hold raised from Same subject ers. tion of land of this act. 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 other any whatsoever. He shall purpose pay it, to order of or any portion of it, upon drafts signed by both of said Com-Commissionmissioners. SECTION 6. In case the said Water Commissioners shall be Condemnaunable 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 extending, 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. Water Com SECTION 7. Said Commissioners shall cause to be kept a fair Duties of record of all their proceedings, and also full and true accounts missioners. of their receipts and disbursements, and they shall make to the Salaries of ers. 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. Limits with in which An Act to prohibit Cattle from running at large in the Town of Milton. 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. to run at large Impounding estrays. Notice. SECTION 2. And be it further enacted, That cattle so running at large, within the limits aforesaid, may be taken and impounded. by any person who shall forthwith give notice, in writing, to the owner or owners, if known, or if he, she, or they be unknown, 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. on which es to owner. 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 be 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. food while 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. Passed at Dover, February 12, 1867. * So in enrolled bill. impounded. 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 Milton, revived. 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. Sec. 1 of original act amended. Failure of commissioners to per form duties not to dis solve corpo ration. SECTION 2. Be it further enacted, That the act hereby revived 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. SECTION 3. Be it further enacted, That any failure of the commissioners to perform the duties required of them by the act aforesaid, at the time mentioned in said act, or any failure to 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. and Secretary. Vacancies. President to preside. Duties of Secretary. 6. Powers and duties of Commissioners in Tax to discharge the expenses of re- Laying out and opening new streets. Proviso. 7. Notice of determination to open new streets. Appeals from said determination. Mode of selecting freeholders to decide Freeholders' award. 8. Costs of appeal, how borne. Damages assessed, out of what funds to Damages assessed to minors and non- In case of their refuse missioners to cause such cu Costs, how recovered. Of insufficient pavements. Commissioners may cause unpaved Costs, how defrayed. When reversioners shall pay costs. 10. Commissioners to make town regula- Nuisances. 11. Lock-up, or jail, authorized. 12. Annual assessment. Duplicate assessment list to be delivered to Commissioners. Transcript of the same, where to be Court of Appeals. Assessor to be sworn. 13. Tax list to be delivered to Treasurer. Treasurer to give bond. Compensation. 14. Town Bailiff authorized. Disorders to be suppressed. 15. Bon-fires, &c., not to be allowed. Fines and forfeitures to be delivered to Penalty for neglect of duty on part of 16. Loan authorized. Limit to indebtedness. 17. Certain acts repealed. An Act to Incorporate the Town of Milford. Alderman, · and Trea and where SECTION 1. Be it enacted by the Senate and House of Represen- Elections for tatives of the State of Delaware in General Assembly met, (two- Commissionthirds of each branch of the Legislature concurring,) That an ers, Assessor election shall be held in the Town of Milford, Kent county, on surer, when the first Monday in March next, at the place where the general held." elections are now held, from 1 o'clock till 4 o'clock in the afternoon, and thereafter on the first Monday of every March, at such time and place as shall be determined and fixed by the Town Commissioners, due notice whereof shall be given by the said Notice. commissioners at least five days before said subsequent elections, for an alderman, five commissioners, an assessor and treasurer. The said alderman and three of said commissioners, and the assessor and treasurer, shall be residents of and freeholders in said Qualificatown; the two remaining commissioners shall be residents of the icers. tions of said |