Delaware.

At a General Assembly begun at Dover, in the Delaware State, ... the following Acts were passed .. online

. (page 71 of 91)
Online LibraryDelawareAt a General Assembly begun at Dover, in the Delaware State, ... the following Acts were passed .. → online text (page 71 of 91)
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Newport on notification by the treasurer that any person within
the limits of said town is the owner of any male or female dog
or dogs without the same having been registered as herein pro-
vided shall have authority to impound said dog or dogs and if
the owner or owners thereof shall not within twelve hours after
receiving notice of the impounding of said dog or dogs, have
the said dog or dogs registered and pay the sum of tw^o dollars
to said bailiff, one dollar of which shall be for the benefit of the
bailiff and the remaining one dollar to be paid said treasurer for



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LAWS OF DELAWARE. 863

OF CITIES AND TOWNS.

the benefit of the town of Newport; the said bailiff shall have
full power and authority to destroy said dog or dogs."

Approved March ig, A. D. igoj.



CHAPTER 421,

of cities and towns.

An Act to reincorporate the Town of Cheswold.

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

Section i. That the citizens of the Town of Cheswold, "The town of
shall be a body politic and corporate, in fact and in law, by the collated. ^^'
name of **The Town of Cheswold," and by that name shall sue Corporate
and be sued, plead and be impleaded, in all Courts of either law^were"
or equity in this State, and may have and use a common seal
with such device or devices as they shall think proper, with the
power to alter the same as may be deemed expedient, to pur-
chase, hold, receive and enjoy any lands and tenements, and
also personal property, and to alien, grant, sell, and dispose of
the same in such manner and form as they may deem expedient
for the uscj of said town.

Section 2. The limits of said town Cheswold shall be as
follows : —

The initial point shall be where a line drawn in an easterly corporate
and westerly direction in the middle of the public road leading "
from Moore's Corner to Leipsic, would intersect a line drawn in
a northerly and southerly direction in the middle of the public
road running oij the west side of the Delaware Railroad, and par-
allel therewith.

From this initial point, the town shall extend North three
hundred and fifty yards, and, from the same point South four
hundred and fifty yards, and from the same point east three hun-



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864



LAWS OF DELAWARE.



OF CITIES AND TOWNS.



Names of
■treeU.



dred yards, and from the same point West four hundred yards,
forming a parallelogram, whose east and west sides shall be
eight hundred yards (800 yards) long, and whose north and
south sides shall be seven hundred yards long, and the commis-
sioners may at any time have the same surveyed and plotted and
may have 'said plot recorded in the Recorder's Office of Kent
County, and being so recorded, it, or a duly certified copy there-
of, shall be evidence of what is therein properly set forth.

The said Commissioners may also have the streets, lanes
and alleys surveyed and designated upon said plot.

The streets as now known and established, are as here stated ;

The public road leading from Moore's Corner to Leipsic,
and within the above limits shall be called Main Street, and is
forty feet wide ; the public road running along Delaware Rail-
road, on the west side, within the limits above given, shall be
called Commerce Street, and is thirty feet wide ; the street run-
ning from Commerce street to West Street shall be called New
Street, and is thirty feet wide; the street running from New
Street to Main Street shall be called West Street, and is thirt>^
feet wide.



Annual
elections.



Voters and

qualification

of.



Time of eleo
tion.



Section 3. That on the last Saturday in March A. D. 1903,
and annually thereafter, from two until four o'clock in the after-
noon, there shall be held a town election at such place as the said
Commissioners shall designate, at which all male citizens of
twenty-one years of age and np wards, who shall have paid the
town tax last assessed against them, or who shall have become
residents of said town since the last assessment was made and
thirty days prior to said election, or who shall have gained their
majority since the last assessment was made, shall have the right
to vote.

The election to be held on the last Saturday in March, A.
D. 1903, as aforesaid, shall be held by the Alderman and two
judges of election, elected at the town election for the year A. D.
1902; at which election there shall be chosen by ballot five Com-
'^ missioners, three of whom shall be resident freeholders of said
town, and whose term of office shall be as follows :

Two of said Commissioners shall be chosen for a term of
one year, or until their successors are duly elected and qualified,
and three of said Commissioners shall be chosen for a term of



Terms of
office.



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LAWS OF DELAWARE. 865

OF CITIES AND TOWNS.

two years, or until their successors are duly elected and quali-
fied, and thereafter, the said town election shall be held by thcmj^^^rofhoid-
said Alderman and two citizens of said town, who shall be ap-^«*«^<»»-
pointed for that purpose by the Board of Commissioners of said
town and who shall be the judges of the election; at which there
shall be elected suitable persons to serve as Commissioners for
a term of two years, or until their successors are duly elected and
qualified, in place of commissioners whose term of office has
expired :

Provided, That at all times three of said Commissioners
shall be freeholders, as aforesaid.

The persons having the highest number of votes shall be
elected, but should two or more have the highest and equal num-
ber of votes, the Alderman shall give the casting vote.

The judges of election shall be duly sworn to discharge judges of dec-
their duties with fidelity and impartiality, and the Alderman g*^^*^
or any Justice of the Peace or Notary Public may administer
such oath, and any oath required by this Act and not otherwise
directed.

The said judges of election shall keep a correct ^ist of the
names of the voters, which, with an accurate account of the elec- J^*j[°'^^<>**"*o
tion returns, shall be entered in a book procured for that pur-
pose, and said book shall be deposited with the Clerk as town
property.

Sec. 4. That there shall be four stated meetings in every Annual meet-
year of the said Commissioners, viz : On the last Monday in Jan- *"^'
uary, April, July and October, at which meetings they may pass Number and
all such ordinances, or rules, for the good government of said '""^ °''
town, the improvement of the streets, the paving or other im- rowers of Com-
proving of the sidewalks, the proper lighting of the streets; ^he '"******"^"
planting and protection of ornamental trees; the repairs and mak-
ing of public pumps, and for all other matters relating to said
town, its police, improvement, ornaments, and general welfare, as
said Commissioners may deem proper;

Provided, the same be not repugnant to the Constitution and
Laws of this State and of the United states.

By such ordinance they may impose fines, penalties and

forfeitures, and provide for their collection ; also the Commis-

ners shall have authority to call special meetings of the Com-



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866



LAWS OF DELAWARE.



OF CITIES AND TOWNS.



ana eltction ot
officers of
Board.



Taxation.



Assessment.



missioners whenever they deem such meetings necessary, and at
all such meetings they shall have the right to transact any busi-
ness that they have authority to transact at regular meetings, and
the Commissioners shall receive for their services no compensa-
tion.

The said Commissioners shall, at their first meeting after
their election, elect one of their members as President of said
Board of Commissioners, whose duty it shall be to preside at
the meetings of Council, have the general supervision of all the
streets, lanes, and alleys in said town, and of the persons who may
be employed by the Town Commissioners ; receive complaints of
nuisances and other complaints of citizens of violation of laws
and ordinances ; and present the same to the Commissioners at
their first meeting for their action ; and such infraction or viola-
tion of the law or ordinances as require immediate action, to
cause the same to be proceeded on before the Alderman. He
shall sign all warrants on the Treasurer for the payment of any
money, and shall perform such other duties as may be prescribed
by any ordinance or ordinances of the Town Commissioners.

Sec. > That the Commissioners herein provided for and
their successors in office, shall at their first stated meeting in
each year, determine the amount of tax to be raised in said town
for that year, not exceeding One Hundred and Fifty Dollars,
including tax on real and personal property and poll tax, but ex-
cluding exonerations and commissions for collections, and shall
appoint one or more assessors who may or may not be of their
number, to make an assessment of persons and property in said
town, and shall appoint a Collector and Treasurer.

It shall be the duty of the Assessor or Assessors of said
town, within two weeks from his or their appointment, to make
a true, just and impartial valuation and assessment of all the real
estate and assessable personal property within said town, and
also an assessment of all the male citizens residing in said town,
above the age of twenty-one years, as well as those owning real
estate within the limits, at least twenty-five cents per head; and
the said Assessor or Assessors shall forthwith, after making such
assessments, deliver to the Commissioners for the time being, a
duplicate containing the names of all persons assessed, and the
amount of their assessments, distinguishing the real and personal
assessments of each.



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LAWS OF DELAWARE. 86/

OF CITIES AND TOWNS.

When the assessment is returned the Commissiners shall give Appeals,
five days public notice of the fact, that they will sit together at a
certain place and on a certain day, to be designated by them,
from one until four o'clock in the afternoon, to hear appeals from
the said assessments.

They shall have power on such day to add to or decrease any Taxes to be
assessment. All taxes shall be paid within thirty days from thethcreStS. *^
appeal day, to the Treasurer of said town who shall receipt for
the same.

At the expiration of the said- thirty days the Commissioners
shall cause a transcript of the assessment list, covering all un-
paid taxes, to be made and delivered to the Collector, who shall
thereupon collect from each taxable, on his list, his proportion of ^^^^^'Jgjj^
the tax laid, together with eight per centum (8%) thereof addi- ^y^««hy)ej^
tional for the costs of collecting the same, and shall pay over the Hvcred to coi-
whole of the tax so collected to the said Treasurer by the first icct?on!^*^*^°"
day of October next after the receipt of his duplicate.

The Collector shall have the same power for the collection of powcrofcoi-
said taxes as are conferred by law on the Collectors of county ^^'°'''
taxes.

Sec. 6. That the Commissioners, or a "majority of them, g^jp^ji^^^^Qf
shall have authority to employ, and use the money in the treasury money-
of the town, for the general improvement, benefit and ornament
of said town, as they may deem advisable, and all the money
paid out by the Treasurer shall be paid upon the order of the
Commissioners, or a majority of them.

Sec. 7. That any ordinance for the paving or improving of ^ ikationof
sidewalks shall apply only to those persons owning the property ordinance for
fronting upon them, who, and who alone, shall bear the expense ^*^*"*'
of making the pavements, or other improvements ordered.

If such ordinance be not complied with within one month Power of com-
the Commissioners may procure the materials and work to be matteJ"o/lMJ?-
found and done, and collect the expense of the same on ten days *"* ordinance,
notice by advertisement at three of the most public places in said
town, out of the real or personal estate of the person in default,
situate in said town. The sale may be made by any person
whom the Commissioners may depute for that purpose, and if
the proper notice has been given the sale shall be valid and shall
transfer all the title of the person in default in such property to
the purchaser, subject to prior liens and encumbrances.



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868 LAWS OF DELAWARE.

OF CITIES AND TOWNS.

The money realized from the sale shall be paid to the Treas-
urer for the use of the Town.

The Commissioners shall tax and allow the Officer making
the sale his reasonable costs, and the surplus, if any, shall be
paid to the owner of the property sold.

Sec. 8. That the President and Commissioners for the time
Board as to being shall have the superintendance and oversight of all the
*^ ' roads and streets now opened, or hereafter to be opened, within

the limits of said town, and no overseer of any such roads or
streets shall be appointed by the Levy Court of Kent County;
but the said Levy Court shall annually appropriate for the repairs
of said roads and streets, a sum of money not less than One Hun-
dred and Twenty-Five Dollars ; and shall make an order for the
payment thereof to the Treasurer of the Town of Cheswold, for
the use of said town.

Treasurer and ^^^' 9' That the Treasurer and Collector shall be severally

collector to be swom or affirmed, to discharge their respective duties with fidel-
ity, such oath or affirmation may be administered by any person
authorized by the Laws of this State to administer oaths, or by
the President of the Board of Commissioners. They shall also
before entering upon the duties of their office give bond to the
Town of Cheswold, with sufficient surety, to be approved by the
Commissioners of said town, in the penal sum of double the
amount of what may be likely to come into their hands condi-
tioned for the faithful discharge of the duties of their said office,
and for the payment to their successor in office of all sums of
money belonging to said town, which may remain in their hands
upon the settlement of their accounts ; to which said bonds and
condition there shall be annexed a warrant of attorney for the
confession of judgment for said penalty.

The said Treasurer shall pay all orders drawn on him by
order of said Commissioners, and signed by the President there-
of, out of any moneys in his hands belonging to the said town.

He shall settle his accounts with the said Commissioners
annually in the month of February and after and at such other
times as the said Commissioners may require.

Compensation The Treasurer, Clerk and Assessor of said town shall each

of officers. rcccive a reasonable compensation for their services, to be de-
termined by the Commissioners of said town ;



Bond.



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LAWS OF DELAWARE. . 869

OF CITIES AND TOWNS.

Provided, the compensation of the said Treasurer, as such,
shall not exceed two per cent, on all moneys received by him
belonging to said town, and of the Treasurer acting as Collector,
shall not exceed eight per centum on the taxes collected by him.

Sec. 10. That the Town Commissioners, at their first meet- commissioners
ing, or as soon thereafter as convenient, shall annually proceed man.
to elect by ballot some suitable person, resident in said town, to
be Alderman of the Town of Cheswold, who may or may not
be a Justice of the Peace, resident of said town, to serve as such
for the term of one year, and until his successor shall be duly
elected, subject, however, to be removed from office at any time,
by a vote of two-thirds of all the members of the Board of
Town Commissioners.

Before entering upon the duties of his office, he shall be
sworn or affirmed by the President of the Board of Commission-
ers, or by any one of the Commissioners to perform the duties
of his office with fidelity.

Sec. 1 1. That the Commissioners of said town may appoint commissioners
such number of town constables as shall be deemed necessary, "M5SEw°and
who shall constitute the town police. remove them.

The Commissioners of said town shall also have power and
authority, to remove any of the town constables at any time, and
appoint others in the place of those removed, if it shall be
deemed necessary to make such appointment.

Sec. 12. That the Commissioners shall appoint a Town commissioners
Clerk, who may or may not be one of their number, who shall S?;^ cfeSJ"*
keep a record of the proceedings of the Commissioners, and the
same shall be evidence.

Sec. 13. The said Commissioners shall have power to lo- Additional
cate and lay out new streets, lanes or alleys, or to straighten, p°^*^"-
widen, or extend those streets now existing, and to fix the com-
pensation for the land so taken.

Whenever land is wanted for any of these purposes it shall condemnation
be the duty of said Commissioners as soon as the survey and stV4"s/°'^
plot is made, to notify the owner or owners of the real estate
through or over which such street, lane or alley may run, of
their determination to open, widen or extend the same, and to
furnish a general description of the location thereof, and also the
amount of the damages or compensation allowed to each, and



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870



LAWS OF DELAWARE^



OF ariES AND TOWNS.



Owners dis-
satisfied as to
damace may
appeal.



Method of
appeal.



Five freehol-
ders appointed
by Judge of
Superior Court
to assess
damage.



Dutv of free-
holders.



Vacancy.



Tender of
damages.



if such owner be not resident within said town, to notify the
holder or tenant of said real estate, but if their be no holder or
tenant of said real estate resident in said town, the said notice
may be affixed to any part of the premises ;

If any owner be dissatisfied with the amount of compensa-
tion or damage allowed by the said Commissioners, he or she
may, within ten days after such notice as aforesaid, appeal from
the said assessment of compensation or damages by serving a
written notice to that effect ^n the President of the Board of
Commissioners. In order to prosecute said appeal, such owner
or owners shall within fifteen days after the expiration of the ten
days allowed for appeals, and upon ten days notice to the said
President of the Board of Commissioners, make written applica-
tion to the associate judge of the Superior Court of the State of
Delaware, in and for Kent County, for the appointment of a
commission to determine the amount of damages, and thereupon
the said associate judge shall issue a commission under his hand,
directing five freeholders of the said County, three of whom
shall be resident of the said Town of Cheswold, and two of
whom shall be non-residents of the said town, commanding them
to assess the damage which the owner of the real estate, through
or over whose lands the said street, lane or alley shall pass, who
shall have notified the said Commissioners of his intention to ap-
peal, may incur by reason thereof and to make return of their
proceedings to the said associate judge at a time therein ap-
pointed.

The freeholders named in said commission being first sworn
or affirmed as in said commission shall be directed, shall view
the premises, and they, or a majority of them, shall assess the
damages as aforesaid, and shall make return in writing of their
proceedings in the premises to the said associate judge, who shall
deliver said return to the said Commissioners of the said Town of
Cheswold, which return shall be final and conclusive.

The said associate judge shall have power to fill any vacancy
in said Commission.

The amount of damage being so ascertained the Town
Commissioners may pay or tender the same to the person or per-
sons entitled thereto within one month after the same shall have
been finally ascertained, or, if the person or persons so entitled
reside out of or are absent from the Town of Cheswold during



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LAWS OF DELAWARE. 8/1

OF aXIES AND TOWNS.

the said period of one month, or are minors, then the same may
be deposited to his or her credit in the Farmers' Bank of the
State of Delaware, at Dover, within said time, and thereupon
the said lands or property may be taken and occupied for the
uses aforesaid.

If in the ascertainment and assessment of damages by the
freeholders appointed by the associate judge as aforesaid, the^^^^^^^^^
damages shall be increased, the costs of the appeal shall be paid
by the Treasurer of the town out of any moneys in his hands
belonging to the said Town of Cheswold, but if the damages
shall not be increased, the cost of the appeal shall be paid by the
party appealing.

The fees of the freeholders shall be one dollar per day each Fees of free-
and shall be taxed as part of the costs. **'*^**''"-

After the damages shall be fixed and ascertained as afore-
said, the Town Commissioners shall have the option .to pay theOptiono/Towi*
damages assessed within the time aforesaid and proceed with thesioncrs.
said improvements. , or, upon the payment of the costs may aban-
don the said improvements.

Sec. 14. Any land so condemned shall be for the purpose j^^j^^^^^
set forth in the proceedings and none other ; and, if abandoned }j"ori°naT*^
for that purpose, shall revert to the owner. No land shall be ta- owner,
ken until paid for.

Sec. 15. The said Commissioners shall have power to reg-^^^j^.^^^
ulate the streets, lanes, alleys and sidewalks of said town, and powers,
lighting of the same, and may direct the sidewalks, or any part
thereof, to be paved or otherwise improved, at the expense of
the owner of the ground adjacent.

On complaint of any citizen, to examine any chimney,
stove-pipe, fixture, or any other matter dangerous to the town,
and if adjudged dangerous, to require and compel it to be re-
paired, remedied or removed ; to prevent and remove nuisances
therein, to prohibit the firing of guns or pistols, the making of
bonfires, or setting off fireworks, or any dangerous sport or
practice; and to prevent or suppress any noisy or turbulent as-
semblages within the town and generally they shall have all the
powers necessary to preserve and maintain peace and good order
in said town.

Sec. 16. The said Commissioners shall have power and



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■872 LAWS OF DELAWARE.

OF QTIES AND TOWNS.

Power to enact authority to enact ordinances to preserve the health of citizens of
ordnances. gg^j^ town, and to prevent the introduction of infectious or con-
tagious diseases ; to enact ordinances regulating travel over and
upon the streets, lanes and alleys of said town and the use there-
of; to enact ordinances regulating the running at large, keeping
or harboring of dogs, and may provide for the registering of
same; and may also provide suitable penalties for the violation
of any of said ordinances.

They shall also have full power and authority to exempt
from town taxation any manufacturing plant which may be estab-
lished within the limits of said town, for any term not exceeding
ten years.

•Special tax for Section 17. The Commissioners shall have power to levy a

streets. special tax to pay for right of way, charge and costs incidental

to the widening, straightening, extending and laying out and

opening new streets, lanes or alleys, which shall be collected as

other town taxes.

Constituiion ot Section 18. The Town Commissioners provided for in this

Board. Act and their successors in Office, shall constitute a Board of

Commissioners of the town of Cheswold.

•Quorum. Three Commissioners shall constitute a quorum to do busi-

ness, but in determining the necessity or propriety of laying out
new streets, when the same may require a special tax, at least
three shall concur in favor of doing so. The yeas and nays shall
be taken and recorded on the minutes on any vote when required
by a member.

Duty of Alder- Section 19. That it shall be the duty of the Alderman of

stabiS! *^°"" said town, and of the town constables, to suppress all riotous,
torbulent, disorderly or noisy assemblages, or gatherings of per-
sons in or about any building used for any fair, festival, con-
cert, or any social, literary, or religious meetings, or any enter-
tainment whatsoever, or in the streets, lanes, squares, or alleys
of said town, at any time or season whatever; to prevent all
gatherings whatever which may obstruct or interfere with the



Online LibraryDelawareAt a General Assembly begun at Dover, in the Delaware State, ... the following Acts were passed .. → online text (page 71 of 91)