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OF CITIES AND TOWNS.

maining commissioners shall have power to fill the vacancy, or vacancies, thereby created until the next annual election when another or others shall be chosen for the unexpired Justice and term of the person or persons originally elected. The justice of the peace resident in the said town [or if there be none, the nearest justice of the peace] and two citizens of the said town, chosen by the people present entitled to vote, shall hold the said election and shall decide the legality of the votes offered.

shall hold election.

tions.

They shall receive the ballots, ascertain the result, and certify the same on the books of the commissioners. At such election every male and female taxable of said town above the age of 21 years, who shall have paid the town tax last assessed to them shall be entitled to vote.

SECTION 4. The commissioners first chosen under authority of Section 2 of this act shall within five days after receiving the certificates of their election meet at some suitable place, to be by them selected in the said town, and duly Manner of organize by the election of one of their own number as chairorganizing. man of the board; and it shall also be the duty of the town commissioners chosen in any year thereafter to meet on the Tuesday following their election and organize the board in like manner. The chairman of the board of town commissioners shall preside at the regular meetings of the board when present, and shall perform and discharge all such duties as shall be prescribed by the ordinance and regulations of said town.

Time of organizing.

In case such chairman be absent at any meeting the board may elect a chairman pro tem for the special occasion. The Warrants. Warrants on the town treasurer for the payment of any money shall be signed by the chairman of the board, or in case of his absence by the chairman pro tem.

How

signed.

Meetings.

SECTION 5. There shall be four stated meetings of the When held. commissioners in every year as follows to wit,: On the second Saturday of May, September, January and April; and Occasional also such additional meetings as may be provided for by ordimay be held nance in that behalf, or whenever any three of the said com

meetings

missioners or any twelve taxables of the said town shall in writing, addressed to the chairman of the board, request a special meeting, and in such request the object for special meeting shall be stated. At any such stated or special meeting ordinances or rules for the good government of the said town, the improvements of its streets, the repairs or construction of drains and water courses, the planting and pro

OF CITIES AND TƆWNS.

tecting of ornamental trees, and for all other matters relating to the general welfa reof the said town may be ordained and

enacted.

amount of

raised.

Shall ap

SECTION 6. The commissioners hrst chosen, under authority of Section 2, and their successors in office, shall at Shall detertheir first stated meeting in every year determine the amount mine of taxes to be raised in said town for that year, including tax taxes to be on real and personal property, poll tax and tax on dogs, and they shall appoint an assessor, who may or may not be one of point an their own number, to make an assessment of persons and assessor. property in said town, and they shall also appoint a collector Shall apand treasurer. In case the commissioners to be chosen under collector authority of Section 2 shall have not been chosen before the and treassecond Saturday of May, in the year 1887, then and in that case they shall hold a special meeting on the Saturday next Special succeeding their election, at which special meeting they shall be held in perform the duties by this section designated and imposed.

point a

urer.

meeting to

certain

cases.

assessor.

governed

SECTION 7. It shall be the duty of the assessor of the said Duty of town, within thirty days after his election, to make a true, correct, just and impartial valuation and assessment of all real estate and assessable personal property within said town, and also an assessment of all the male citizens residing within the said town above the age of 21 years, as well as those owning as not owning real estate within its limits; and also to ascertain the number of dogs within the said town and assess the owner or keeper of a dog, or dogs, one dollar for each male dog and two dollars for each female dog. In making assess- Shall be ments for other than dogs the said assessor shall be governed by county by the valuation fixed and ascertained by the county assessments, as well to poll tax as to real estate and personal property, and if there be any assessable property within the limits of the said town which does not appear upon the county assessment, or if there be individuals residing within the said town, who would be subject to poll tax, who do not appear upon such county assessment, the assessor shall assess all such upon a valuation and basis corresponding with the county assessment. When such assessment shall be completed the assessor shall forthwith make and return a dupli- Assessor cate thereof to the commissioners, and the commissioners shall make

assessment.

a duplicate.

shall forthwith give notice to the effect that they will sit Notice of together in a certain place and on a certain day, to be desig-time of nated by them, not less than five days from the date of such notice hearing appeals. between the hours of three and six o'clock in the afternoon, How given. to hear appeals from said assessment. At such time they

Commissioners

shall fix the rate.

and war

OF CITIES AND TOWNS.

shall have full power and authority to correct the same. After such appeal day the commissioners shall forthwith ascertain and fix the rate necessary to raise the sum which they shall have determined to raise, together with the costs and exDuplicate penses of collecting the same, and shall deliver the duplicate rant to be or a copy thereof, with their warrant in that behalf, to the delivered to collector of the said town whose duty it shall be collect the lector. amount rated to each taxable. The collector shall have and Powers of be possessed of all the powers and remedies for the collection. of the said town taxes as now are, or shall be hereafter, be conferred by law upon the collectors of county taxes.

the col

collector.

Levy Court

annu lap

use of the streets.

SECTION 8. It shall be the duty of the Levy Court of shall make Kent County annually to appropriate and pay over to the treaspriation for urer of the said town of Clayton, such sum as said Levy Court shall deem just and reasonable, to be expended and used in the maintenance or repairs of the streets of said town, which are now largely made up of parts of the public roads of Kent County, and which are now maintained at the county expense.

SECTION 9. It shall be the duty of the town commissionAldern. n. ers annually to appoint an alderman and town constable for said town, and if there be a justice of the peace resident in said town, he shall be chosen alderman.

Powers and -duty of alderu an.

Duty of constable.

Sha'l issue warrant.

SECTION 10. It shall be the duty of the alderman of the said town and of the town constable to suppress all riotous, turbulent or noisy assemblages, or gatherings of persons in or at any building used for any public assemblage in the said town, or in the streets, lanes or alleys thereof, at any time or season whatsoever, to prevent all gatherings whatsoever which may obstruct or interfere with the free use of the streets, lanes, alleys or sidewalks; and for this purpose it shall be the duty of the said town constable to seize and arrest any person so offending, and take them or him before the alderman of the said town, whose duty it shall be to hear and determine the case, and upon conviction the alderman shall sentence any person so offending to pay a fine not exceeding ten dollars, and the costs of the hearing, and may commit the party or parties to prison for a period not exceeding thirty days or until the said fine and costs shall be paid. It shall be the duty of the alderman of the said town, upon complaint made to him of any such turbulent or noisy assemblages, as aforesaid, to issue his warrant to the constable aforesaid, commanding him to arrest and bring before him any person or persons violating the provisions of this section for trial. It

CF CITIES AND TOWNS.

to arrest

upon view.

shall be the duty of the constable aforesaid, to arrest upon Constable view, any drunken or disorderly person he may find in the streets of the said town, and forthwith to take such person before the alderman, who shall hear and determine the case, and upon conviction, shall sentence the person so offending in the same manner and to the like punishment as hereinbefore provided in this section, as to other offences herein enumerated. The fees of the alderman and of the said constable for every such trial and arrest shall be 50c. to each of them for each offender. In all other cases the alderman and constable shall each be entitled to receive the same fees as are by the laws of this State, provided to be paid to justices of the peace and constables in like cases.

tion.

SECTION II. The commissioners named in the first section of this act shall receive for their services two dollars per day for every day actually employed, and such compensation, Compensatogether with the expenses of the survey, shall be paid upon their certificate by the commissioners of the said town, out of the first money which shall come into their hands from the funds of the said town.

SECTION 12. be a public act.

That this act shall be deemed and taken to public act.

Passed at Dover, April 15, 1887.

OF CITIES AND TOWNS.

Commissioners of

the town of

thorized to

pay pre

ceding commis

sioners a sum not to

CHAPTER 170.

OF CITES AND TOWNS.

AN ACT for the relief of the Commissioners of the town of Laurel,
Sussex County.

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

SECTION I. The commissioners of the town of Laurel in the county of Sussex, for the present year A. D. eighteen Laurel au hundred and eighty-seven, be, and they are hereby authorized and directed to pay over to the commissioners of the past year, eighteen hundred and eighty-six, the amount of indebtedness incurred by said commissioners during the past exceed $10 year for the use and benefit of said town not exceeding the sum of one hundred dollars ($100.00) out of any funds which may come into their hands for the use of said town the present year. And the receipt of said commissioners of the past year, or of the treasurer thereof, shall be to them a sufficient. voucher for the proper expenditure of the same. Passed at Dover April 18, 1887.

Section 1 of the act en

CHAPTER 171.

OF CITIES AND TOWNS.

AN ACT to amend an act entitled "An act to re-incorporate the Town of
Dover."

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):

SECTION I. That Section 1 of the act entitled "An act totitled, An re-incorporate the town of Dover," passed at Dover, February act to incer 27, 1879, be and the same is hereby amended by striking out the words and sold" in the forty-ninth line of said section, amended. and that said section be further amended by inserting after

town of Dover.

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