OF CITIES AND TOWNS. of the appeal shall be paid by the appellant. The fee to the *stockholders shall be two dollars per day in each day, which shall be taxed as part of the costs. After the damages shall be fixed and ascertained by the freeholders as aforesaid, the said town council of Milford shall have the option to pay the damages assessed within the time aforesaid, and to proceed with the said improvement, or upon the payment of cost only may abandon their intention of taking and occupying said intention. land or lands for the purpose aforesaid. Council shall have option to pay dama ges or bandon Fire appa Water SECTION 2. That the said town council of Milford be and they are hereby authorized and empowered to do all things necessary for the location, construction and operation of the water works for furnishing the said town with an ample supply of pure water as aforesaid, and to purchase hose and hose ratus. carriage or carriages, and such other instruments and machines for use in the suppression of fires, as to them may seem expedient, and to provide for the care, maintenance and use of the same. The said town council of Milford shall have full power and authority to lay mains and branch pipes for the conveyance and distribution of water, and to make and mins and establish receivers, reservoirs and fire hydrants in such parts of the streets of said town as the said town council of Milford shall from time to time deem expedient, and shall grant to all persons whomsoever, the privilege of using the water conveyed and distributed by them in said town, in such manner and on such terms and conditions as to them may seem just and proper, and shall pass such ordinance touching the said water, its distribution through the said town and all the water up streets thereof, the regulation of its use in case of fire, and its general management and control as to them, the said council, shall at any time seem most expedient. hydrants. Manage ment of ply. Bonds ret to exceed twenty thousand dollars. SECTION 3. That the town council of Milford be and they are hereby vested with full power and authority to issue, for the purpose of carrying into effect the provisions of this act, bonds of the town of Milford to an amount not exceeding in the aggregate the sun of twenty thousand dollars, and of the denominations of one thousand, five hundred, and one hundred, respectively, and in such proportions as to each of these denominations as shall be determine by the said town council of Milford, which said bonds shall be dated on the first day of July of the years in which they may be issued, and numbered consecutively, commencing with number one, and How num- shall bear interest from and after the date at a rate of interest not exceeding six per centum per annum, payable semi-an Date of bonds. Bonds. bered. Rate of in terest. *So enrolled. OF CITIES AND TOWNS. When and When and where pay nually on the first days of January and July in each year Interest. while they remain unpaid at the First National Bank of Mil- where payford, Delaware, on presentation of the coupons representing ble. said semi-annual interest on said bonds. Said bonds shall be Bond. payable at the First National Bank of Milford on the first day of July, A. D. 1907, but may be redeemed at the option of able. the said town council of Milford at any time after the first day of July, A. D. 1892; Provided, however, that if the said Proviso. town council of Milford elect to redeem any of the said bonds according to these terms, such redemption shall be effected either on the first days of July or January, and in pursuance of notice signed by the president of the said town council of Milford, and the treasurer of said town, and published for the Notice of space of thirty days in one newspaper published in the city of Wilmington, one published in the town of Milford, and one published in the town of Dover, in this State; such notice shall indicate the bonds called, and in making the calls the said commissioners of the town of Milford shall call the bonds Bonds. according to their number, beginning with the lowest num-called in. ber, and interest on all bonds so called shall cease from the date named for their redemption. redemption. How to be Time of bonds. Form SECTION 4. That the said town council of Milford shall direct and effect the preparation, printing and sale of the sale of bonds so authorized by this act, at such time or times, and on such terms as they may deem expedient; but that all the money, the proceeds of such sale, shall be applied to carrying rm of into effect the provisions of this act. The form for said bonds bonds. shall be prescribed by the said town council of Milford, and shall be signed by the president of the said town council and the treasurer of said town, and shall be sealed with the corporate seal of the said corporation, and be exempt from State, Not subject county and municipal taxation. As the said coupons and said bonds are paid the same shall be cancelled in such manner as the said town council shall direct. to taxation. How ap SECTION 5. That the said town council of Milford be and Revenues. they are hereby directed and required to apply all the water plied. rents and other revenues which may be derived from the water works provided for by this act, to paying the expenses of properly keeping up and operating said water works as directed by this act, and shall apply the surplus, if any remains, to the payment of the interest accruing on the bonds issued in accordance with the provisions of this act; and if after the payment of said interest there should still remain a maining. surplus from the revenue of said water works the said surplus piel." Surplus re How ap OF CITIES AND TOWNS. shall be used for the redemption of said bonds in the manner provided for by this act. The said town council of Milford are hereby authorized and required to levy upon all assessable Special tax real estate in the said town, annually, a special tax sufficient ting water to pay all the interest accruing on said bonds and all the ex for opera works. Sinking fund. penses of properly keeping up and operating the said water works as aforesaid, which the rents and revenue derived from said water works may be inadequate to meet. Said town council of Milford is also authorized and empowered to levy a further special tax upon said real estate in said town annually for the purpose of establishing a sinking fund adequate to the How raised. redemption, at or before maturity, of all the bonds which may be issued under the provisions of this act; Provided, that the amount to be raised for the purpose of establishing a sinking fund for the redemption of said bonds shall not exceed in any one year the sum of one thousand dollars. The sum raised. Penalty for polluting water. Fines. How collected. tion of water. SECTION 6. That any person or persons designedly or negligently injuring the said water works or any part thereof or obstructing the passage of water to or from the same, or in any manner polluting the water required for said water works. at its source or at any point below said source, shall for every offence forfeit and pay to the said town council of Milford a fine not exceeding one hundred dollars, to be recovered by said commissioners of the town of Milford before the alderman of said town or any justice of the peace residing in Kent or Sussex counties; and the said town council of Milford shall have power to impose fines and penalties for the enforcement of all such ordinance as they shall make touching the regulation, management and protection of the water works provide l for by this act. SECTION 7. That the said town council of Milford shall Distribu- have full power and authority to enter upon any public road within the limits of said town for the purpose of laying pipes for the conveyance and distribution of water under the provisions of this act. When tive and in effect. SECTION 8. That before the provisions of this act shall home and go into effect, the sum or sums of money proposed to be borbe opera- rowed or raised under this act, shall be submitted to and be approved by a majority of the votes cast at any special election which the said council of Milford is hereby authorized to call at such time or times as it shall deem necessary, and at any such election each owner of real estate within the town of Milford, Qualifica- being a resident thereof, shall have a right to cast one vote for every dollar and every fractional part of a dollar of town tion of voters. OF CITIES AND TOWNS. tax which is or may be assessed against his or her real estate at the time of holding such election, and notice of every such election shall be given by the secretary of said town council of Milford by public notices posted in at least ten public places in the town at least ten days before the time of such election. Faith of pledged. SECTION 9. That the faith of the said town of Milford is hereby pledged for the payment of the bonds authorized to the town be issued under this act. Passed at Dover, April 20, 1887. CHAPTER 175. OF CITIES AND TOWNS. AN ACT to re-incorporate the town of Newark. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch thereof concurring): of Newark SECTION I. The town of Newark shall be as defined The town in An act for the better regulation of the streets of Newark," passed at Dover, February 5th, 1852. Corporate SECTION 7. The style and name of the corporation of the said town shall be "the council of Newark," and by that name they shall be and are hereby made able and capable in Dame. law to have, take, purchase, receive, possess, enjoy and retain to them and their successors, lands, tenements, heredita- Powers. ments, goods, chattels and effects of what kind, nature or quality soever, and the same to sell, grant, demise, alien, or dispose of, to sue and be sued, implead and be impleaded, answer and be answered, defend and be defended in all courts of law and equity or any other place whatsoever, and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure, and generally to have all the privileges and franchises incident to a corporation or a body politic. Officers of the town. Eligibility of officers. Oath or obligation of officers. By whom tered. OF CITIES AND TOWNS. TOWN OFFICERS. SECTION 3. The town officers shall be a council, to be composed of two members from each district of said town, and a president of said council, who shall be ex-officio a member and the presiding officer of said council, a secretary, a treasurer, town constable or constables, one assessor, collector, an alderman, and such other officers as the council by ordinance shall create and appoint. SECTION 4. No person shall be eligible to any office who is not at the time of his election a citizen of the State and a resident of the town. The president and members of council must have resided in said town two years next before his or their election, and said president and members of council or his or their or either of their wives must be freeholders of said town. SECTION 5. Every officer of said town, before he enters upon the duties of his office, shall take an oath or affirmation, to support the Constitution of the United States and the Constitution of the State of Delaware, and that he will adminis perform the duties of the office to which he has been elected, or appointed, with fidelity. The oath or affirmation may be administered by any justice of the peace, the alderman of the said town or any holding-over member of council to the president elect, who, after being sworn, or affirmed, may administer the oath or affirmation to new members of council, and to other officers of said town elected or appointed as aforesaid, and in case of the absence of said president, the same may be administered by the president pro tempore. President. When elected. Duties of PRESIDENT OF COUNCIL. SECTION 6. At the town election to be held on the second Tuesday in April A. D., 1887, and on the same day in every second year thereafter, the voters in said town shall vote for a president of council, who shall be elected by a plurality of all the votes cast in said town. The said president shall hold office for the term of two years, commencing on the third Tuesday in April, being the first Tuesday succeeding his election. SECTION 7. The president of council shall preside at all President. meetings of the council, appoint all committees, receive complaints of nuisances and other complaints of citizens of violation of laws and ordinances, and present the same to the |