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OF CITIES AND TOU'NS.

the word “lots" and before the word “the” in said fortyninth line of said section the words "And unless the same shall front upon any public street of the town of Dover which shall be laid out and opened and improved, and so far as any of said farm lands shall front upon any such public street they shall be subject to be taxed to the depth of one hundred and fifty-feet for town purposes."

Passed at Dozer, April 18, 1887.

CHAPTER 172.

OF CITIES AND TOWNS.

AN ACT to amend Chapter 152, Volume 15, of the Laws of Delaware.

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):

SECTION I. That Chapter 152, of Volume 15, of the Chapter 13, Laws of Delaware, entitled "An act to incorporate the City laws of of New Castle," be and the same is hereby amended as fol-biolenter lows, to wit:

Strike out of the second line of Section 5, of said chapter, the words “city council” and in lieu thereof insert the word "mavor," and insert after the word "affirm" in the 23rd line of said section and the word “at" in the 24th line thereof the words following:

At any time during the said election any or all of the can- Candidates didates whose names shall appear on any ticket to be voted

markat said election, shall be admitted into the room or place room where where such election is being held, either in person or by some being held. one appointed by him for the purpose, should they so desire to be present. When the election shall be closed, the inspector and his assistants shall at once, openly and publicly, haha open the box containing the ballots, and proceed publicly to publicly read and count the ballots in the presence of each other, and counted.

Ballots

opened and

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such of the electors as shall think proper to be present; the

reading and counting of the votes shall be continued without interrup- interruption or adjournment uutil it is completed when the

result shall be publicly announced by the inspector.

Passed at Dover, April 20, 1887.

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AN ACT to amend an act entitled “An act to Re-incorporate the town

of Dover," passed at Dover, February 27,1879.

Act entitled
An act to

rate 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 1. That the act entitled “An act to Re-incorpor

ate the town of Dover," passed at Dover February 27, A. D. re-incorpo

1879, be, and the same is hereby amended by striking out in

Section 1 of said act, all the words between the word "street" a mended in the twentiethi, and the word “thence" in the thirty-first

line of said section, and inserting in lieu thereof, the words
to a point where the northern line of said Madison street in-
tersects the eastern line of State street; thence in a northerly
direction and with the eastern line of State street to a point
directly opposite the point where the western line of State
street intersects the northern line of Williain street, as the
same is laid down on a plot of lots surveyed and laid out for
Rev. Thomas B. Bradford, in August and September A. D.
1870, and recorded in the aforesaid record book H., volume
5, page 133; thence across State street to the point aforesaid,
where the western line of State street intersects the northern
line of said William street; thence in a westerly direction and
with the northern line of said William street to a point where
the northern line of said William street intersects the eastern
line of the Delaware railroad."

OF CITIES AND TOWNS.

fix certain

3

water tax.

SECTION 2. And be it further enacted, That the town TownCouncouncil be, and they are hereby authorized and empowered to certain and ascertain and fix the boundaries of the street or road forming

bulindaries. the extension or continuance of State street in said town of Dover, from its intersection with William street at the northern Muy prelimit of said town to Laws mill-pond, and to prescribe chin the the width of the roadway and footways, and ascertain and routing.de. fix the curb lines thereon, in all respects as if the same were limits. within the limits of the town. Provided, however, neverthe- Proviso. less, that nothing hereinbefore contained shall be construed as authorizing or empowering the said town council to assess, tax or in any manner charge or burden any property lying without the limits of the town of Dover or to order or require any paving, graveling or curbing to be done on the aforesaid extension of State street north of William street.

SECTION 3. And be it further enacted, That no parcel When vanil of real estate included within the limits of the said town by included in the first section of this act shall become liable to any water be liable to tax until a fire hydrant or a water main shall be placed within one thousand feet of the same, and that the real estate and all the improvements now owned by the corporation Dover Glass known as the Dover Glass Works Company shall be exempt exempt from the assessment and collection of any town tax for the from taxaperiod of ten years from and after the passage of this act.

SECTION 4. Amend Section 22 by striking out all after Section 72 the word taxation in the Sth line thereof down to and including the word “days” in the 17th line and insert in lieu thereof the following: Th said assessor shall make such sessment and returu the same to the council of said town usessment written eight weeks next after the election of said assessor. in what The council of said town shall assess the real estate and person, and assessable personal property of the assessor. The council of said town shall as soon a conveniently may be after receiving said assessment list, cause a full and complete transcript of said assessinent list to be prepared and hung up on me in the post office or such other public and convenient place and hung as the said council may select in said town where it shall remain for at least ten days thereafter for public inspection, and the said towni council shall on the first Monday in June

Passed at Dover, April 21, 1887.

tion for ten years.

.

as

Assessor shall make

and return

time.

OF CITIES AND TOWXS.

CHAPTER 174.

OF CITIES AND TOWXS.

AN ACT to allow the Town Council of Milford to issue bonds for certain

purposes.

cii author ized to pro

May lay pipes and erect and establish reservirs

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

lou's, to wit: Town Coun

SECTION 1. That the town council of Milford be and

they are hereby vested with full power and authority to provideo vide for said towni an ample supply of pure water for domestic with water. use and for the suppression of fires, and for this purpose to lay

pipes for the proper conveyance and distribution of said water
on any land or lands of any person or persons whomsoever,
through whose lands the said town council of Milford may
deem it expedient to convey said water; and to erect, make
and establish all receivers, reservoirs, edifices and other

works that may by the said town council of Milford be and works. deemed necessary for the collection, conveyance and distribu

tion of said water, and also to contract and agree with the
owner or owners for the purchase of any land or lands whiclı
may be necessary for the purpose of carrying into effect the
objects of this act. If the owner or owners of said land, or

any of them, refuse to permit the said town council of MilMay pur- ford to enter upon and occupy said land or lands for the pur

pose aforesaid, and if such owner or owners be unable or 1111-
willing to contract and agree with the said council upon the

compensation to be made for any real or supposed injury that of land re- may be done to said lands by such entry and occupation, then Downloun- the said town council of Milford shall have power and

e tani, authority to go upon the said land or lands, and ther, or a Pre majority of them, after viewing the same shall assess the

damages of said owner or owners fairly and impartially under till Coun- all the circumstances, and certifying their finding and award

in writing to the said owner or owners of said land or lands,
and if such owner or owners be not resident within the said
town to certify their finding and award to the holder or tenant
of said real estate; but if there be no holder or tenant resi-

dent in said town the said notice may be affixed to any part weien of the premises, which shall be as effectual as personal serto resident. vice of the same.

If any owner be dissatisfied with the amount of the compensation or damages allowed by the town

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OF CITIES AND TOWXS.

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council of Milford as aforesaid, he or she may within ten
days after such notice, as aforesaid, appeal from the said
assessment of compensation or damages by serving written ilow taken.
notice to that effect upon the president or other presiding
officer of the said town council of Milford. In order to
prosecute said appeal such owner or owners shall within teni
days after the expiration of the ten days allowed for appeal,
and 11po:1 ten days notice to the president or other presiding
officer of the said town council of Milford, make written ap-
plication to the associate judge of the Superior Court of this to be made

Application
State, resident in Kent or Sussex County, for the appoint-Gillesimo
ment of a commissioner to liear and determine the matter in tior appoint-
controversy; and thereupon the said associate judge shall enemmni-
issue a commission under liis liand, directed to five freeholders
of the said county, three of whom shall be residents of the
said town of Milford, and two of whom shall be non-residents
of said town, commanding them to assess the damages which seem
the owner or owners of the said land or lands intended to be mi-siun.
taken, occupied or used for the purposes of this act as afore- What to

contain. said, and who shall liave notified said towni council of their intention to appeal, may sustain or incur by reason of such use or occupancy, and to make return of their proceedings to the said associate judge at a time therein appointed; the freeholders named in such commission being first sworn or affirmed, in said coumission shall

be directed, shall view the premises, and they of them, shall assess the damages as aforesaid, and shall make return in writing of their proceeding in the premises to the said associate judge, who shall deliver said returns to the said town council of Milford, which shall be final turn to and conclusive. The said associate judge shall liave power to fill any vacancy in the commission. The amout of damages being so ascertained, the said town council of Milford may pay or tender the same to the person or persons en- How puid. titled thereto within one month after the same shall be finally ascertained, or if the person or persons so entitled, reside out of or are absent from the said town during the said period of one inonth, then the same may be deposited to his or her credit in the First National Bank of Milford within said time, and thereupon the said property or land may be taken or occupied for the use aforesaid.' In the ascertainment of damages by the freeholders aforesaid, if the damages shall be increased, the cost of the appeal shall be paid by the treasurer of the said town out of any money in his hands belonging to How pa:d. the town, but if said damages shall not be increased, the cost

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Damages.

Costs.

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