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OF CITIES AND TOWNS.

CHAPTER 165.

OF CITIES AND TOWNS.

AN ACT to exempt from taxation certain property in the city of Delaware

City.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

not exceed

which man

are estab

taxation for

SECTION I. That the real estate of any person or persons Real estate or body corporate within the limits of the city of Delaware ing five City, not exceeding five acres, upon which any manufacturing acres upon or other industrial improvements for the employment of labor facturers shall be erected after the passage of this act, or any real estate lished, exupon which any buildings are already erected and which after empt from the passage of this act shall be used for any manufacturing or ten years. any industrial pursuit as aforesaid not before prosecuted or carried on these shall be exempt for a period of ten years after the same shall be first assessable from assessment or taxation for State, county or municipal purposes. Passed at Dover, March 31, 1887.

CHAPTER 166.

OF CITIES AND TOWNS.

AN ACT to amend an act entitled "An Act to incorporate the town of
Townsend," passed at Dover, April 3, 1885.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, two-thirds of each branches thereof concurring therein:

porate town send

SECTION 1. That Section 7 of the said act be, and the Section 7 of same is hereby amended, by striking out the word "more" in act to incorthe fourth line thereof, and inserting the word less; and Townby striking out the word "one" in the said fourth line, and amended. inserting the word "two."

Passed at Dover, March 31, 1877.*

*So enrolled.

ΙΟ

OF CITIES AND TOWNS.

Town Coun

authorized

CHAPTER 167.

OF CITIES AND TOWNS.

AN ACT to authorize the Town Council of Dover to extend the water mains.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That the town council of the town of Dover cil of Dover be and they are hereby authorized and empowered to extend to extend the water mains on any street or streets of said town of Dover where in the judgment of said council the receipts from the use of water on any such extension will amount to ten per cent. annually upon the cost of making such extension.

water mains When.

Council

mains laid

expense.

SECTION 2. The said town council may order payment to may pay for be made to any person or persons who may have laid any at private main in any street of said town at his or her private expense the whole or such part of the cost of laying such main as in their judgment they may deem just and proper. Upon the payment of such sum as may be agreed upon the person reInterest in ceiving payment shall release all their right and interest in any such main to the town of Dover.

main to be released.

Council

SECTION 3. The said town council are hereby authorized may apply and empowered to pay for anything done in pursuance of this the money act out of any monies that may be in the treasury or that may in treasury. come into the treasury of the town from any taxes or other monies collected under Chapter 498, Volume 16 of the Laws of Delaware.

Passed at Dover, April 6, 1887.

OF CITIES AND TOWNS.

CHAPTER 168.

OF CITIES AND TOWNS.

AN ACT in relation to the Town of Felton.

incorporate

SECTION I. 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: That the act en- Act entitled titled an act to incorporate the town of Felton and for other act to purposes passed at Dover, April 8, A. D. 1869, be and the the town of same is hereby amended by striking out the words "one amended. hundred" in the fourth section thereof and inserting instead thereof the words "one hundred and fifty."

Passed at Dover, April 13, 1887.

Felton,"

CHAPTER 169.

OF CITIES AND TOWNS.

AN ACT to incorporate the town of Clayton.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met [two-thirds of each branch of the Legislature concurring therein] as fol

low's to wit:

SECTION 1. That James Williams, Caleb S. Pennewell, CommisDavid J. Cummins, George W. Whittaker and Robert J. Reynolds, be, and they are hereby appointed commissioners, whose duty it shall be to view the premises, and they or a majority of them having so viewed the same, are hereby expressly authorized, empowered and directed, with the assistance of a skillful surveyor, to be by them selected to survey, locate and lay down on a plot, the town of Clayton, in Kent County, designating its limits, and making, describing and naming thereon its streets and alleys, and they shall, when the

turn to be

given to

recorder.

What to

state.

OF CITIES AND TOWNS.

Plot and re same is completed, return the said plot to the recorder's office at Dover, to be recorded with their certificate thereon, endorsed and signed by the said commissioners, or a majority of them, Certificate. that they have performed the duties in that behalf by this section required, and that the said plot represents the said town of Clayton with its boundaries and limits as by them located and defined. The commissioners and the surveyor before entering upon their duties under this section, shall be severally duly sworn or affirmed to discharge such duties with fidelity, and in the certificate annexed to the aforesaid plot, it shall be shown that this qualification was complied with.

Shall be

sworn or affirmed.

give notice

tion.

SECTION 2. Immediately after the return of the said plot and its delivery to the recorder of deeds, it shall be the duty of the said commissioners named in the first section of this Commis- act, or a majority of them, to give notice in writing under sioners shall their hands, or the hands of a majority of them, to the inof an elee habitants of the town of Clayton, that on a day, to be designated in such notice, not more than ten days after the date thereof, the said commissioners, or a majority of them, will hold an election in the said town of Clayton, at a place and between the hours designated in such notice for the election What no of five commissioners for the said town of Clayton, who shall be chosen from among the inhabitants of the said town. Such notice shall be posted in at least four of the most public places in the town of Clayton, at least five days before the day of holding such election.

tice shall

contain.

Term of office.

Who are

vote.

The commissioners so chosen at such special election, shall continue in office until the first Saturday in May A. D. 1888.

At such special election, the commissioners shall be voted entitled to for by ballot, and all persons who are bona fide residents within the territorial limits of the said town, as established by the said plot, who are above the age of 21 years, and who shall have paid the county tax for the year 1886, shall be entitled to vote.

Commissioners to hold special election. Duties.

At such election three of the commissioners named in the first section of this act shall be the judges thereof, and they shall receive and count the ballots and ascertain the result, and when so ascertained, shall make five certificates thereof, and give one such certificate to each of the commissioners chosen at said election.

They shall also certify to the recorder of deeds in and for Kent County that such election has been held, stating the time at which it was held and the names of the persons

OF CITIES AND TOWNS.

chosen commissioners, and such certificate shall be recorded in the said office, and the record or a certified copy thereof shall be evidence.

The commissioners chosen under the authority of this section and their successors in office, to be chosen as hereinafter provided, shall be, and they are hereby declared to be a body politic and corporate in fact and in law, by the name, style and title of "The Town of Clayton," and by that name Corporate may sue and be sued, plead and be impleaded in all courts of name. law and equity.

The said commissioners so to be chosen and their successors Powers of in office, in addition to the powers hereinafter conferred, commis shall have power to regulate the streets, alleys and sidewalks of said town, and may direct the latter, or such parts of them, as they may determine, to be put in a safe and passable condition at the expense of the owners of the lands adjacent. On complaint of any citizen or of their own motion, they shall have authority to examine any chimneys, stove pipe fixtures or any other matter dangerous to the town, and if adjudged by them dangerous, to require and compel the danger to be removed, to prevent or remove all nuisances therein, and to prohibit the firing of guns or pistols, the making of bonfires or setting off fireworks, or any dangerous sport or practice in said town, and the said town commissioners and ordain shall have full power and authority from time to time to enact, ordinances and ordain all such by-laws and regulations for the government and management of the said town and its affairs, as to them shall seem judicious and expedient. Provided, always that they are not repugnant to the Constitution of the United States or of this State inconsistent with this act.

May enact

by-laws and

affice.

When held..

electing.

SECTION 3. That the town commissioners, as chosen under authority of Section 2 of this act, shall continue in Term of office until the first Saturday in May, A. D. 1888, on which Annual day in that year there shall be held in the said town of Clay-election. ton at the school-house, between the hours of 2 o'clock and 4 o'clock P. M., an election for five commissioners; one of Manner of whom shall be chosen for one year, one for two years, one for three years, one for four years, and one for five years; and on the first Saturday in May in each succeeding year thereafter there shall be an election held for one commissioner to serve for five years. All of said commissioners shall be freeholders sioners within the limits of said town. In case of any vacancy in freeholders. the office of commissioner by death, resignation, refusal to Vacancy. serve, refusal to qualify, or removal out of the town, the re- How filled

Commis

shall be

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