OF CITIES AND TOWNS. CHAPTER 193. OF CITIES AND TOWNS. AN ACT to incorporate the Town of Laurel. Plot. 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 of the Legislature concurring), That John R. Wilson, Thomas C. Horsey, Daniel J. CommisFooks, Joseph F. T. Smith and William E. Wolfe are hereby sioners. appointed commissioners, whose duty it shall be and they, or Duty. a majority of them, are hereby authorized and empowered, with the assistance of a skillful surveyor to be by them. chosen, to survey and lay down on a plot the Town of Laurel Survey. in Sussex county, establishing its limits and making and describing its streets, alleys, lanes and sidewalks, and shall, when the service is performed, return the plot, under their hands, to the Recorder's office at Georgetown, to be recorded, Recorded. and the original and the record, or a certified copy thereof, Evidence of shall be evidence. The commissioners and the surveyor, plot. before entering upon their duties under this section, shall take an oath or affirmation to discharge them with fidelity, Officers and the aforesaid return shall show that this qualification was complied with. survey and sworn. sioners powers. SECTION 2. Be it further enacted as aforesaid, That the Commis commissioners hereby appointed and their successors in office, incorpoto be chosen as hereinafter provided, shall be a body politic rated. and corporate in fact and in law by the name of the Com- Name. missioners of the Town of Laurel, and may sue and be sued by that name. They shall, in addition to the power hereinbefore conferred, have power to regulate the streets, lanes, Corporate alleys and sidewalks of said town, and may direct the latter, or such part thereof as they may determine, 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 repaired, remedied, or removed; to prevent or remove Nuisances. nuisances therein; to prohibit the firing of guns or pistols, the making of bon-fires, or setting off fireworks, or any dangerous sport or practice, and to prevent or suppress any noisy or turbulent assemblages of negroes, boys, or other persons Commissioners. Term of office. Election. When and Qualifications. OF CITIES AND TOWNS. within the town, and generally they shall have all the powers which by any law of this State are conferred on the commissioners of the town of Dover. SECTION 3. Be it further enacted as aforesaid, That the commissioners herein named shall continue in office until the first Wednesday in March, A. D. 1884, on which day in that year, and on the same day in every year thereafter, there shall be held an election in the said town of Laurel, at the where held. Academy therein, from the hour of two till the hour of four o'clock P. M., for five commissioners, who shall be residents of said town and freeholders therein. The said election shall be held by two persons chosen by the persons entitled to vote present, who shall receive the ballots, ascertain the result, Certificates and certify the same in the books of the commissioners. At of elections. such election every male taxable of said town above the age tled to vote. of twenty-one years, and who shall have paid the town tax last assessed to him, shall be entitled to vote. The persons aforesaid holding the election shall be the judges of said election, and shall decide on the legality of the votes offered. Which said commissioners shall hold their office for the term of one year, or until their successors are elected; and if any Vacancies, vacancies shall occur in said board of commissioners, by death, resignation, refusal to serve, or otherwise, of any member thereof, the remaining commissioners shall have the power to fill such vacancy or vacancies. Who enti Judges. How filled. Stated meetings. duties of commissioners in relation to SECTION 4. Be it further enacted as aforesaid, That there shall be four stated meetings in every year of the said When held. commissioners, viz: on the last Wednesday in March, June, September and December, at which meetings they may pass Powers and all such ordinances or rules for the good government of the said town, the improvement of the streets, the paving or other improving of the sidewalks, the planting and protection streets, &c. of ornamental trees, the repairs and making of public pumps, and for all other matters relating to the said town, its police, improvements, 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 May impose United States. By such ordinances they may impose fines, penalties and forfeitures, and provide for their collection. Also the commissioners shall have authority to call special meetings of the commissioners whenever they may deem such meetings necessary; and at such meetings they shall have the right to transact any business that they may have Proviso. fines, etc. Special meetings. OF CITIES AND TOWNS. sation for board of sioners. authority to transact at regular meetings; and the commis- Compensasioners shall receive for their services one dollar each for tion for stated meetings, each of the four regular meetings, but no compensation for No compenservices at special meetings. The said commissioners shall, special. at their first meeting after their election, elect one of their Election of number as president of said board of commissioners, whose president of duty it shall be to preside at the meetings of council, have the commisgeneral supervision of all the streets, lanes and alleys in said Duties. town, and of the persons who may be employed by the town commissioners, receive complaints of nuisances and other complaints of citizens of violations of laws and ordinances and present the same to the commissioners at their first meeting for their action, and such infraction or violation of the law or ordinances as require immediate action to cause the same to be proceeded on before the alderman. He shall issue and sign all licenses for every exhibition within the town of Laurel which, by Section 1 of Chapter 51 of the Revised Code, a license therefor is required. 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. sioners shall taxes. and treas assessors. SECTION 5. Be it further enacted as aforesaid, That the Commiscommissioners herein named and their successors in office determine shall, at their first stated meeting in every year, determine amount of the amount of tax to be raised on said town for that year, not Not exceedexceeding five hundred dollars, including tax on real and per- What to ing $500. sonal property, poll tax, and tax on dogs; and shall appoint include. one or more assessors, who may or may not be of their Assessors. number, to make an assessment of persons and property in said town; and shall also appoint a collector and treasurer. Collector It shall be the duty of the assessor or assessors of said town, urer. within two weeks from his or their appointment, to make a Duties of true, just and impartial valuation and assessment of all the real estate and assessable personal property within said town, Assessments and also an assessment of all the male citizens residing in said town above the age of twenty-one years, as well those owning real estate as those not owning such estate within its limits, at at least one dollar per head, and also to ascertain the number of dogs within said town and the owners of such dogs, assessing each male dog at fifty cents and each female dog at one dollar to the owner or keeper thereof. And the said assessor or assessors shall forthwith, after making such assessment, deliver to the commissioners for the time being Duplicate. a duplicate containing the name of all the persons assessed 390 LAWS OF DELAWARE, give notice. where. Appeals. Duties of collector. OF CITIES AND TOWNS. Commis- and the amount of their assessment, distinguishing the real sioners to and personal assessment of each. When the assessment is When and returned, the commissioners shall give five days public notice of the fact, and they will sit together at a certain place and on a certain day, to be designated by them, from one till four o'clock in the afternoon, to hear appeals from said assessments. They shall have power on such day to add to or decrease any assessment except that of dogs and poll, which shall always remain at the figures above stated. When the appeal day is past, they shall, without delay, cause the assessment list to be transcribed and the transcript to be delivered to the collector, who shall thereupon collect from each taxable his proportion of the tax laid and pay over the whole amount, deducting commissions and delinquencies (which shall be allowed by the commissioners), to the treasurer by the first day of September next after the receipt of his duplicate. Powers of The collector shall have the same power for the collection of said taxes as are conferred by law on the collectors of county taxes. Provided, however, that in making said assessment for the town of Laurel that all machinery in any manufactory now in said town, or that may hereafter be erected, shall Exemption. be exempted from taxation for town purposes, and that only the real estate and buildings belonging to said factories shall be taxed. collectors. Proviso. Further powers of ers in ex penditures. SECTION 6. And be it further enacted as aforesaid, That Commission- the commissioners, or a majority of them, shall have authority to employ and use the money in the treasury of the town for the general improvement, benefit and ornament of the said town as they may deem advisable, and all money paid out by the treasurer shall be paid upon the order of the commissioners, or a majority of them. Provided that said commissioners shall have no authority to create debts on said town to a greater amount than they are authorized [to raise] by taxation and collect from the county. Proviso. Extent of debt. Ordinance. provements at the expense of property holders. SECTION 7. Be it enacted as aforesaid, That any ordiCertain im- nance for the paving or improving the sidewalks shall apply only to those persons owning the property 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, in three months, the commissioners may procure the materials and work to be found and done and Powers of collect the expense of the same, on ten days notice by advertisement at three of the most public places in said town, out Failure to comply with ordinance. commis sioners. OF CITIES AND TOWNS. of the personal or real 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 incumbrances. The money realized from the sale shall be paid to the treasurer, for the use of the town, but if there be any surplus, after meeting the claim for which the sale was made, such surplus shall be paid to the person in default. The commissioners shall allow reasonable fees for seizing the property and making sale. dence of SECTION 8. Be it further enacted as aforesaid, That the Superintenpresident and commissioners, for the time being, shall have roads and the superintendence and oversight of all the roads and streets streets. now open, 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 Sussex County, but the said Levy Court shall annually appropriate for the repair of said Annual aproads and streets a sum of money not less than three hundred propriation by Levy and fifty dollars, and shall make an order for the payment Court thereof to the treasurer of the town of Laurel for the use of Payment. said town. Amount. and collector whom ad approved. SECTION 9. Be it further enacted as aforesaid, That the Treasurer treasurer and collector shall be severally sworn, or affirmed, sworn. to discharge their respective duties with fidelity; such oath Oath. By or affirmation may be administered by any person authorized ministered. 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 Bond, how the town of Laurel with sufficient surety, to be approved by the commissioners of said town, in the penal sum of double Penalty. the amount of what may be likely to come into their hands, conditioned for the faithful discharge of the duties of their Condition. 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 settlements of their accounts, to which said bond and condition there shall be annexed a warrant of warrant of attorney for the confession of judgment for said penalty. The attorney ansaid treasurer shall pay all orders, drawn on him by order of Orders on said commissioners and signed by the president thereof out treasurer. of any moneys in his hands belonging to said town. He shall settle his accounts with the said commissioners annually tlements. nexed. How drawn. |