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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND EIGHTEENTH
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 4, A. D.
1955
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND SEVENTY- NINTH
VOLUME L
Printed by
Milford Chronicle Pubbaling Company
Milford, Delaware
PART II
Object Description
| Rating | |
| Title | Laws of the State of Delaware - Volume 50 - Part 2 |
| Description | Laws of the State of Delaware |
| Creator | Delaware |
| Creator2 | Delaware General Assembly |
| Contributors | Milford Chronicle Publishing Company |
| Publisher | Department of State |
| Type | Text |
| Format | |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND EIGHTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 4, A. D. 1955 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY-NINTH VOLUME L Printed by Milford Chronicle Pubbaling Company Milford, Delaware PART II EXPLANATORY NOTE Joint ResolutionsConcurrent Resolutions Under provisions of Section 907, Title 29, Delaware Code, the Secretary of State is authorized and directed to arrange for the printing of the Session Laws. He is directed to include there-in only "bills, resolutions, proclamations of the Governor, orders and votes of a public nature." Senate Resolutions and House Resolutions have never been deemed to require action by the Governor and therefore had not been printed in previous volumes of the Session Laws because they were not construed as being "of a public nature". For pur-poses of compiling this volume, Concurrent Resolutions not re-quiring action by the Governor have been determined to be in the same category as House Resolutions and Senate Resolutions, and therefore not of a public nature. This conclusion was reached primarily as a result of the enactment of Chapter 607 of this volume which became effective May 5, 1955. Chapter 607 completes the adoption of an amend-ment to the State Constitution which provides in effect that reso-lutions "on a question of adjournment and those matters dealing solely with the internal or administrative affairs of the General Assembly" became effective on adoption and do not require any action by the Governor. Since the effective date of that constitutional amendment the term "Concurrent Resolution" has generally been used to desig-nate resolutions which do not require action by the Governor; the term "Joint Resolution" has generally been used to designate resolutions which do require action by the Governor. In the compilation of this volume all "Joint Resolutions" have been included without any attempt to exclude any such resolutions which may have been improperly designated. "Con-current Resolutions" have been omitted except those which, under the amended Constitutional provision, are believed to require action by the Governor. This system of classification has been followed as to all resolutions passed by the 118th General Assembly. The classification og resolutions outlined above makes poss-ible the omission of approximately two hundred Concurrent Resolutions enacted by the 118th General Assembly. JOHN N. McDOWELL Secretary of State 858 CHAPTER 394 RELATING TO PUBLIC ENTERTAINMENT ON SUNDAY AN ACT TO AMEND CHAPTER 9, TITLE 28, DELAWARE CODE, RELATING TO MISCELLANEOUS PROVISIONS CONCERNING SPORTS AND AMUSEMENTS; REGULA-TION OF PUBLIC ENTERTAINMENT ON SUNDAYS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 906 (a), Chapter 9, Title 28, Delaware Code is amended to read as follows : § 906. Regulation of public entertainment on Sundays (a) No person shall engage in, participate in, or attend, outside the corporate limits of any incorporated city or town of this State, any horse racing, public Auction, public dance, public theatrical performance or public performances of Motion pic-tures on Sunday except that this prohibition shall not apply to public performances of motion pictures, with or without sound, between the hours of twelve noon and six P. M. and between the hours of eight P. M. and midnight in Kent County and Sussex County, and between the hours of 2 P. M. and midnight in New Castle County. Approved July 7, 1955. CHAPTER 395 EXAMINATION OF PERSON INVOLVED IN MOTOR VEHICLE ACCIDENTS AN ACT TO AMEND CHAPTER 27, TITLE 21, SECTION 2712, DELAWARE CODE, RELATING TO THE SPECIAL EX-AMINATION OF PERSONS INVOLVED IN MORE THAN ONE ACCIDENT DURING ANY 24 MONTH PERIOD. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2712, Chapter 27, Title 21, Delaware Code, be and the same is hereby amended to read as follows: § 2712. Special examination The Department shall cause a special examination to be made of every person involved in a second accident resulting in personal injury, death or property damage to an apparent extent of Two Hundred and Fifty Dollars ($250.00) within any twenty-four (24) month period when such person has been adjudged responsible for causing such accidents by a Court of competent jurisdiction, to determine whether such person suf-fers from a physical or mental impediment to the safe operation of a vehicle as a prerequisite to the continuation of the oper-ator's right to drive on the highways. The Department shall also cause to be examined any person whom the State Police Superintendent or the Chief of Police of the City of Wilmington recommends for such exami-nation. Approved July 7, 1955. 859 860 CHAPTER 396 APPROPRIATION STATE HIGHWAY DEPARTMENT AN ACT DIRECTING THE STATE HIGHWAY DEPART-MENT TO CARRY OUT AN ACCURATE SURVEY AND PERMANENT MARKING OF STATE-OWNED LANDS IN SUSSEX COUNTY, ADJACENT TO THE ATLANTIC OCEAN; APPROPRIATIONS THEREFOR. WHEREAS, the State of Delaware is owner of more than twenty-five hundred (2500) acres of State lands in Sussex County, adjacent to the Atlantic Ocean, .and WHEREAS, the boundaries of these lands are not clearly defined, corners and boundary markers having been lost, de-stroyed or removed, NOW, THEREFORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Highway Department of the State of Delaware is directed to carry out an accurate survey and permanent marking of said State-owned lands, including a search of records, establishment of corners, complete surveys with descriptions, placing and referencing permanent markers and State land signs, and preparation of property plats. Section 2. The sum of Thirty Thousand Dollars ($30, 000.00) is appropriated to the said State Highway Department for the purpose specified in Section 1 of this Act, and the State Treasurer is directed to pay all or part of said sum upon a warrant or warrants approved by the proper officials of the State Highway Department. The State Highway Department shall without delay pro-ceed to carry into effect the purposes of this Act. Any of the funds hereby appropriated which have not been expended for the purposes of this Act shall revert to the General Fund as of June 30, 1957. Chapter 396 861 Section 3. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved July 7, 1955. 862 CHAPTER 397 APPROPRIATION STATE BOARD FOR VOCATIONAL EDUCATION AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF VOCATIONAL EDUCATION FOR THE TRAINING OF VOLUNTEER FIREMEN. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the State Board of Vocational Education the sum of Twelve Hundred Dollars ($1200.00) for the fiscal year beginning July 1, 1955, and a similar sum of Twelve Hundred Dollars ($1200.00) for the fiscal year beginning July 1, 1956, to be expended by the said Board only for the training of volunteer firemen. Section 2. This is a Supplementary Appropriation Act, and the sums hereby appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved July 7, 1955. I CHAPTER 398 CIVIL DEFENSE AN ACT TO AMEND CHAPTER 31, TITLE 20, DELAWARE CODE, RELATING TO CIVIL DEFENSE; POWERS OF THE GOVERNOR. Be it elutcted by the General Assembly of the State of Delaware: Section 1. § 3105 (b), Chapter 31, Title 20, Delaware Code, is amended by striking out paragraph (9) and substitut-ing in lieu thereof the following paragraph: (9) Utilize the services and facilities of existing officers, and agencies of the State and of the political sub-divisions thereof; and all such officers and agencies shall perform such services and supply such facilities as the Governor may re-quest. Approved July 7, 1955. 863 864 CHAPTER 399 CREATING A DEPARTMENT OF MOTOR VEHICLES FOR WILMINGTON AN ACT AUTHORIZING THE MAYOR AND COUNCIL OF WILMINGTON TO CREATE A DEPARTMENT OF MOTOR VEHICLES, OUTLINING THE POWERS AND DUTIES THEREOF, AND PROVIDING PERSONNEL THEREFOR. Be it enacted by the General Assembly of the State of Delaware (two-thirds of the Members of each House thereof concurring therein): Section 1. The Council of The Mayor and Council of Wil-mington is hereby authorized, in its discretion, to create a Department of Motor Vehicles of The Mayor and Council of Wilmington. Said Department shall consist of three members. Such members shall be appointed by the Mayor, subject to con-firmation by The Council, and shall serve without compensa-tion. When the Department is first established, the members thereof shall be appointed or elected for terms of such length and so arranged that the term of at least one member shall ex-pire each year and their successors shall be appointed for terms of three years each. Any member of said Department may be removed for cause, after a public hearing, by the Mayor with the approval of The Council. A vacancy occurring otherwise than by expiration of term, shall be filled for the unexpired term in the same manner as an original appointment. Such Depart-ment shall elect annually a chairman and secretary from its own number and may employ such personnel as it deems neces-sary to execute the powers and perform the duties hereinafter prescribed. No person shall be eligible for appointment as a member of said Department who shall not be a citizen of the United States, a qualified voter of the State, and a resident of the City of Wilmington, for the last five years next preceding his ap-pointment. Upon removal of the residence of any such mem-ber from the City of Wilmington, his said office shall be deemed to be vacated. Chapter 399 865 Section 2. Said Department shall operate a municipal garage or garages and shall maintain and provide for municipal uses of motor vehicles owned by The Mayor and Council of Wilmington. All maintenance and use of motor vehicles present-ly owned by The Mayor and Council of Wilmington shall, upon the creation of said Department, be transferred to said De-partment. All facilities and personnel for the maintenance, repair and storage of motor vehicles shall be under the super-vision, direction and control of said Department. The Mayor and Council of Wilmington be and it is hereby authorized to prescribe in detail the further powers and duties of said De-partment in connection with said motor vehicles. Section 3. The Council of The Mayor and Council of Wil-mington shall, in its discretion, appropriate such funds to said Department as are necessary for the operation of said Depart-ment. Section 4. The doing of all work and the furnishing of all materials, equipment and supplies required by said Depart-ment shall be let out by the members of said Department to the lowest and best bidder, except in cases where, in the opinion of said members, it is not practicable to do such work or furnish such materials, equipment and supplies by contract upon com-petitive bidding. The solicitation of bids by said Department shall be in the manner now prescribed for the Street and Sewer Department of The Mayor and Council of Wilmington. Section 5. The City Auditor shall examine all bills against said Department and endorse them as correct before they are presented to said Department for payment; he shall also exam-ine and countersign all drafts or orders and withhold his signa-ture in case the draft or order is made without sanction of law, or with any circumstances of fraud actually or presumably at-tached thereto, in all of which cases he shall report his action and the grounds therefor to the members of said Department at their ensuing meeting; said members shall thereupon duly, carefully and publicly consider the case and shall sustain or overrule his action by a unanimous vote of all the members of said Department, whereupon it shall be the duty of the City Auditor in case he shall be overruled to countersign the said 866 Chapter 399 draft or order, in which case he shall be exonerated from all responsibility in the premises. He shall also keep a book or books in which an exact and complete record of all accounts so paid shall be entered, keeping a debtor and a credit account with all persons doing work for or furnishing materials to the said Department in any manner. Section 6. The moneys and revenue received by said De-partment shall be deposited to the credit of said Department in such bank in Wilmington as it shall determine upon, and all money to be disbursed therefrom on account of the duties and obligations by this act imposed, shall be drawn upon warrants signed by the Chairman of said Department and countersigned by the City Treasurer and City Auditor. It shall be the duty of the City Auditor, during the first week of every month, to examine and audit the accounts of the said Department for the month last preceding; and he shall make duplicate certificates, showing the result of such exami-nation and audit, one of which he shall deliver to the said Department and the other shall be by him transmitted to The Council. Section 7. Each member of said Department shall, im-mediately after organization, enter into a bond with sureties to The Mayor and Council of Wilmington in the sum of Ten Thousand Dollars ($10,000.00), said sureties to be approved of by the City Solicitor, the condition of which bond shall be as follows, viz : The condition of this obligation is such that if the above bounden , one of the members of the Department of Motor Vehicles, shall in all things comply with the provisions of this act, and shall faith-fully execute the trust confided to him, then the above obliga-tion to be void, otherwise to remain in full force and virtue. To the said bond there shall be subjoined a warrant of attorney to confess judgment thereon, and the said bond and warrant shall be filed in the office of the City Treasurer, there to remain until in the judgment of the City Judge, the interest of the City demands that it be entered in the Superior Court of the State of Delaware in and for New Castle County. Approved July 7, 1955. CHAPTER 400 APPROPRIATION STATE PARK COMMISSIONER AN ACT APPROPRIATING CERTAIN SUMS TO THE STATE PARK COMMISSION FOR CONSTRUCTION AND RE-PAIR OF CERTAIN FACILITIES AT FORT DELAWARE STATE PARK. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby appropriated to the State Park Commission the sum of Ten Thousand Dollars ($10,000.00) for the fiscal year beginning July 1, 1955, for the construction of a boat landing at Fort Delaware State Park, and the sum of Ten Thousand Dollars ($10,000.00) for the fiscal year beginning July 1, 1956, for repair of an existing building for use as a museum and related facilities at Fort Delaware State Park. Section 2. This is a Supplementary Appropriation Act, and the sums hereby appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved July 7, 1955. 868 CHAPTER 401 APPROPRIATION STATE HIGHWAY DEPARTMENT AN ACT DIRECTING THE STATE HIGHWAY DEPART-MENT TO ERECT AND CONSTRUCT A SPILL DAM AT INGRAM POND, NEAR MILLSBORO, IN SUSSEX COUNTY; APPROPRIATION. Be it enacted by the General Assembly of the State of Delaware: Section 1. The State Highway Department is directed to erect, construct and install a spill dam at Ingram Pond near Millsboro, in Sussex County, to be of such type as shall main-tain and hold the water in Ingram Pond at or near its original level. Section 2. The sum of Ten Thousand Dollars ($10,000.00) is appropriated to the State Highway Department to be used by said department for the purpose of constructing said dam. Section 3. This Act shall be known as a Supplementary Appropriation Act, and the monies hereby appropriated shall be paid out of the General Fund of the State Treasury. Approved July 7, 1955. CHAPTER 402 FORT DELAWARE PARK AN ACT TO AMEND CHAPTER 47, TITLE 7, DELAWARE CODE, BY ESTABLISHING FORT DELAWARE STATE PARK AND PROVIDING FOR FEES AND CHARGES TO MAKE THE SAME SELF-SUPPORTING. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 4723, Title 7, Delaware Code, is hereby amend-ed to read as follows : § 4723. Fort Delaware State Park Pea Patch Island is declared to be a State Park under the name of Fort Delaware State Park. The State Park Commission shall repair Fort Dela-ware and shall thereafter maintain the same in a condition fit for visitation by the general public, and shall arrange and pro-vide transportation facilities for such purpose. The State Park Commission shall establish and col-lect reasonable fees and charges for transportation to the said park and visitation therein; all such fees and charges received by the said Commission and any other funds received by it, except State appropriations, for the support of Fort Delaware State Park shall be paid to the State Treasurer, who shall re-tain the same in a special fund, to be expended upon proper vouchers of the Commission only for the purpose of carrying out the provisions of this Section. The officers of the Fort Delaware Society are named as an advisory board to the State Park Commission to make such recommendations for the care and maintenance of Fort Delaware State Park as they see fit. Approved July 7, 1955. 869 870 CHAPTER 403 PERTAINING TO INDICTMENT TO DEFRAUD AN ACT TO AMEND CHAPTER 31, TITLE 11, DELAWARE CODE, BY PROVIDING THAT IN ANY INDICTMENT OR INFORMATION WHERE IT IS NECESSARY TO ALLEGE AN INTENT TO DEFRAUD IT SHALL BE UNNECESSARY TO NAME THE PERSON INTENDED TO BE DEFRAUDED AND THAT IT SHALL NOT BE A VARIANCE AND SHALL BE SUFFICIENT IF INTENT TO DEFRAUD ANY PERSON OR GROUP OF PERSONS OR LEGAL ENTITY IS PROVED. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 31, Title 11, Delaware Code, be and the same hereby is amended by adding the following new section thereto to be known as Section 3107: § 3107. Allegation of intent to defraud Whenever it may be necessary, in any indictment or in-formation, to allege an intent to injure or defraud, it shall be sufficient to allege an intent to injure or defraud without nam-ing the particular person or body corporate intended to be in-jured or defrauded, and on the trial of the action it shall not be deemed a variance, but be deemed sufficient, if there appear to be an intent to injure or defraud the United States, or any state, territory, county, town, or other municipal or public corporation, or any public officer in his official capacity, or any private corporation, co-partnership, or member thereof, or any particular person or persons. Section 2. No criminal proceeding commenced prior to the approval of this Act shall be in any manner affected hereby, but shall be governed by the law in force immediately prior to the approval hereof. ( Approved July 7, 1955. a 871 CHAPTER 404 APPROPRIATION STATE BOARD OF HEALTH AN ACT APPROPRIATING MONEY TO THE STATE BOARD OF HEALTH FOR SERVICES TO CRIPPLED CHILDREN. WHEREAS, Section 165, Chapter 1, Title 16, Delaware Code of 1953, designates the State Board of Health as the agency in Delaware to administer a program of services for indigent crippled children, the purpose of such program being to develop, extend and improve services for locating such children and for providing for medical, surgical, corrective and for such other services and care, and for facilities for diagnosis, hospitaliza-tion and after-care; and WHEREAS, a tremendous increase in the preschool and school population in Delaware has resulted also in increased demands for crippled children's services ; and WHEREAS, the cost of services to crippled children (i. e. hospital per diem, appliances and prosthesis) has been con-stantly rising; and WHEREAS, in view of the foregoing, it is evident that the recommended current budget is inadequate for administering the crippled children's program as specified in paragraph 1, above, but rather would result in the sharp curtailment of such services and the lowering of existent standards ; NOW, THERE-FORE, Be it enacted by the General Assembly of the State of Delaware: Section 1. The sum of twenty-two thousand dollars ($22,000.00) be and the same is hereby appropriated to the State Board of Health for the fiscal year beginning July 1, 1955, and that the sum of twenty-six thousand dollars ($26,000.00) be and the same is hereby appropriated for the fiscal year be- 872 Chapter 404 ginning July 1, 1956, to be used for services to the crippled children of the State of Delaware for case-finding, medical, surgical and medical social services, hospitalization, rehabili-tation and follow-up; and to provide for salary increments. Section 2. This bill shall be known as a Supplementary Appropriation Act, and the money hereby appropriated shall be paid out of the General Fund of the State of Delaware. Approved July 7, 1955. CHAPTER 405 PROVIDING FOR A TAX RATE TO MAINTAIN PARKS AN ACT TO AMEND CHAPTER 6, TITLE 9, DELAWARE CODE, BY PROVIDING FOR A MAXIMUM ANNUAL TAX RATE FOR THE COST OF MAINTAINING A PARK OR RECREATION AREA. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 654, Chapter 6, Title 9, Delaware Code, be and it hereby is amended by adding the following paragraph to be designated 654 (c) (c) The estimated maximum annual tax rate for the cost of maintaining any park or recreation area, including all costs of supervision and recreational promotion, shall be computed and shall be stated on the ballot at the time of the election as provided in section 632 in terms of a certain rate on every hundred dollars of assessed valuation. The annual tax levied to provide funds for maintaining the park, including all costs of supervision and recreational promotion, for any fiscal year prior to the maturity of the bonds shall not exceed the estimated maxi-mum annual tax rate for such maintenance as stated on the ballot at the time of the election by the residents of the suburban park community. Approved July 7, 1955. 873 874 CHAPTER 406 DELAWARE STATE COLLEGE AN ACT TO PERMIT THE USE OF CERTAIN FUNDS FOR CAPITAL IMPROVEMENTS AT DELAWARE STATE COLLEGE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 6102 (b), Title 29, Delaware Code, is amend-ed by inserting the words "or Delaware State College" after the words "University of Delaware" therein. Section 2. § 6505, Title 14, Delaware Code, is hereby amended by adding thereto the following paragraph: The Board of Trustees shall also have the power to expend funds accumulated by the College, over normal ' operating ex-penses, from the proceeds of College functions and activities for the erection, equipping and furnishing of a men's dormitory, a multiple purpose building, faculty-staff buildings or a class-room and laboratory building at Delaware State College, or for incidental expenses connected therewith. Approved July 7, 1955. 875 CHAPTER 407 RELATING TO COMPENSATION OF ADJUTANT GENERAL AN ACT TO AMEND CHAPTER 1, TITLE 20, DELAWARE CODE, RELATING TO THE COMPENSATION OF THE ADJUTANT GENERAL. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 122 (f), Chapter 1, Title 20, Delaware Code, is amended to read as follows: (f) He shall receive an annual salary of $6,000 and may draw his warrant on the State Treasurer, who shall pay the sum out of money appropriated for military purposes, in equal monthly installments. Approved July 7, 1955. 876 CHAPTER 408 RELATING TO ANNUAL SCHOOL ELECTIONS AN ACT TO AMEND CHAPTER 3, TITLE 14, DELAWARE CODE, RELATIVE TO NOTICE OF ANNUAL SCHOOL ELECTIONS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 311, Title 14, Delaware Code, is amended to read as follows : § 311. Notice of election (a) The Clerk of the Peace of each county shall give notice of the annual school elections as follows : By notices posted in at least 10 public places in each District and on the door of every school house in each District at least 20 days before the day of the election ; and By notices published in 2 newspapers of the county at least once a week for 3 weeks before the election, the last such publication to be not less than 5 days before the day of the election. (b) The notices so posted and published shall plainly set forth the offices to be filled, the date when nominations shall be filed, and the time and place of each election. Approved July 7, 1955. CHAPTER 409 DELMAR AN ACT TO AMEND THE CHARTER OF THE TOWN OF DELMAR, CHAPTER 182, VOLUME 45, LAWS OF DELA-WARE, RELATIVE TO THE COMPENSATION OF CER-TAIN OFFICERS. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the Members of each House thereof concurring therein.): Section 1. Section 4, Chapter 182, Volume 45, Laws of Delaware, is amended by striking out the words and figures "Fifty ($50.00) Dollars" in the fifth and sixth lines and in-serting in lieu thereof the words and figures "One Hundred Dollars ($100)" and by striking out the words and figures "Twelve ($12.00) Dollars" in the seventh line and inserting in lieu thereof the words and figures "Sixty Dollars ($60)". Section 2. Section 6 (c), Chapter 182, Volume 45, Laws of Delaware, is amended by striking out the words and figures "Two ($2.00) Dollars" in the last line and inserting in lieu thereof the words and figures "Six Dollars ($6)". Approved July '7, 1955. 877 878 CHAPTER 410 RELATING TO STATE SUPPORTED SALARY SCHEDULES AN ACT TO PROVIDE FOR STATE SUPPORTED SALARY SCHEDULES FOR THE BIENNIUM BEGINNING JULY 1, 1955 AND ENDING JUNE 30, 1957, FOR EMPLOYEES OF THE STATE BOARD OF EDUCATION, THE STATE BOARD FOR VOCATIONAL EDUCATION, AND THE BOARD OF PUBLIC EDUCATION IN WILMINGTON WHO ARE NOT COVERED BY THE SALARY SCHED-ULES IN TITLE 14, CHAPTER 13, DELAWARE CODE, AND TO PROVIDE APPROPRIATION THEREFOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. There is hereby provided a salary increase for the biennium beginning July 1, 1955, for employees of the State Board of Education, the State Board for Vocational Education, and the Board of Public Education in Wilmington, who are not covered by the salary schedules in Title 14, Chapter 13, Dela-ware Code. The increase shall be in the amount of Three Hun-dred Dollars ($300.00) above the salary paid for the year end-ing June 30, 1955. This increase shall be paid to persons in these categories : Superintendent, Assistant Superintendent, Directors, Supervisors, and all other unclassified professional and clerical personnel. Section 2. The sum of Twenty-Seven Thousand Five Hun-dred Dollars ($27,500) is appropriated to the State Board of Education for the fiscal year beginning July 1, 1955, and ending June 30, 1956, and the further sum of Twenty-Seven Five Hun-dred Dollars ($27,500) for the fiscal year beginning July 1, 1956, and ending June 30, 1957. Section 3. The sums so appropriated shall be used only for the purpose of adjusting the said salaries and no other. Section 4. This Act is a supplementary appropriation, and the money appropriated shall be paid by the State Treasurer out of the General Fund of the State of Delaware. Approved July 7, 1955. 879 CHAPTER 411 RELATING TO MOTOR VEHICLES AN ACT TO AMEND TITLE 21, DELAWARE CODE, ENTIT-LED "MOTOR VEHICLES", RELATING TO NOTICE BY COMMISSIONER OF REVOCATION OR SUSPENSION OF DRIVING PRIVILEGE. Be it enacted by the General Assembly of the State of Delaware: Section 1. Amend Subchapter II, Chapter 27, Title 21, Delaware Code, by adding a new section thereto, as follows : § 2736. Notice Whenever a license is suspended or revoked under this subchapter notice shall be given to the holder of such license. Such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the department. The giving of notice by mail is complete upon the expiration of four days after such deposit of such notice. Proof of the giving of notice in either such manner may be made by the certificate of any' officer or em-ployee of the department or affidavit of any person over twenty-one years of age, naming the person to whom such notice was given and specifying the time, place, and manner of the giving thereof. Approved July 7, 1955. 880 CHAPTER 412 JUSTICES OF THE PEACE AN ACT TO AMEND CHAPTER 59, TITLE 11, DELAWARE CODE, ENTITLED "JUSTICE OF THE PEACE" BY IN-CREASING THE MAXIMUM FINE FOR ASSAULTS AND BATTERIES AND BREACHES OF THE PEACE. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members of each Branch thereof concurring therein): Section 1. § 5904, Chapter 59, Title 11, Delaware Code, is amended by striking "$10.00" from the first sentence of said section and by substituting in lieu thereof "$100.00". Approved July 11, 1955. CHAPTER 413 MILITARY AND CIVIL DEFENSE AN ACT TO AMEND TITLE 20, DELAWARE CODE, EN-TITLED, "MILITARY AND CIVIL DEFENSE" BY PRO-VIDING FOR LEAVE OF ABSENCE FROM WORK FOR EMPLOYEES WHO ARE MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES, WHILE EN-GAGED IN TEMPORARY MILITARY TRAINING WITH THE ARMED FORCES OF THE UNITED STATES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 9, Title 20, Delaware Code, is amended by adding a new section thereto as follows : § 905. Leaves of absence for members of reserve on temporary active duty Any person who is a duly qualified member of the reserve components of the armed forces, who is a member of the Ready Reserve, who is a member of an Organized Unit, and who, in order to receive military training with the armed forces of the United States not to exceed fifteen days in any one calen-dar year, leaves a position other than a temporary position in the employ of any employer, and who shall give evidence defin-ing date of departure and date of return for purposes of mili-tary training ninety days prior to the date of departure and who shall further give evidence of the satisfactory completion of such training immediately thereafter, and, who is still quali-fied to perform the duties of such position, shall be entitled to be restored to his previous or a similar position with the same status, pay, and seniority, and such period of absence for mili-tary training shall be construed as an absence with leave and within the discretion of the employer said leave may be with or without pay. Such absence for military training shall not affect the employee's right to receive normal vacation, sick leave, 881 882 Chapter 413 bonus, advancement and other advantages of his employment normally to be anticipated in his particular position. (c) If any employer fails to comply with any of the pro-visions of this section, the employee may, at his election, bring an action at law for damages for such non-compliance, or apply to the Superior Court for such equitable relief as may be just and proper under the circumstances. Approved July 11, 1955. 883 CHAPTER 414 MOTOR VEHICLES AN ACT TO AMEND CHAPTER 7, TITLE 21, DELAWARE CODE, RELATING TO MOTOR VEHICLES GIVING RIGHT TO PERSON ARRESTED TO BE TRIED IN THE MUNICIPAL COURT FOR THE CITY OF WILMINGTON OR BY THE NEAREST AVAILABLE JUSTICE OF THE PEACE. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 704, Chapter 7, Title 21, Delaware Code, is amended to read as follows : § 704. Jurisdiction of offenses A person arrested without a warrant in the City of Wil-mington for a violation of any section of this title shall be taken before a Judge of the Municipal Court for the City of Wilmington. A person arrested without a warrant outside of the City of Wilmington for a violation of any section of this title shall have the right to have his case heard and determined by the nearest available Justice of the Peace. It shall be a suffi-cient defense for a person arrested outside of the City of Wil-mington to show by one competent witness that there was, at the time of his arrest, an available Justice of the Peace whose regular office was nearer to the place where such person was arrested than the Justice of the Peace before whom the case is being tried. For the purpose of this section, Justice of the Peace is available when he is at his office, or court, or at his residence. Approved July 11, 1955. 884 CHAPTER 415 ESCHEATOR AN ACT TO AMEND TITLE 12, DELAWARE CODE, IN RE-SPECT TO THE ESCHEATOR. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1122 (b) , Title 12, Delaware Code, is repealed. Approved July 11, 1955. CHAPTER 416 NEWARK AN ACT AMENDING CHAPTER 152, VOLUME 48, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF NEWARK' TO THE 'CITY OF NEWARK' AND ESTABLISHING A CHARTER THEREFOR" BY AMENDING THE PROVIS-IONS PERTAINING TO THE FISCAL YEAR, BUDGET, AUDIT, AND FINANCIAL STATEMENT, AND BY PRO-VIDING A DEADLINE FOR THE ESTABLISHMENT OF THE TAX RATE AND ADOPTION OF THE BUDGET IN EACH YEAR. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring herein): Section 1. Section 30, Chapter 152, Volume 48, Laws of Delaware, is amended by striking out in the second line thereof the word "March", by inserting in lieu thereof the word "Jan-uary", by striking out in the third line thereof the word "Feb-ruary" and by inserting in lieu thereof the word "December". Section 2. That Section 31 of Chapter 152, Volume 48, Laws of Delaware, is amended by striking out all of the first paragraph thereof, and by inserting in lieu thereof a new para-graph to read as follows : § 31. Budget Annually each year, and not later than the first Tuesday in December, the Council shall begin consideration of a proposed budget containing the financial plan for conducting the affairs of the City for the ensuing fiscal year. Section 3. Section 31, Chapter 152, Volume 48, Laws of Delaware, is further amended by striking out all of the last paragraph thereof and by inserting in lieu thereof a new para-graph as follows : 885 886 Chapter 416 The budget and the tax rate for the ensuing fiscal year shall be established and adopted by the Council not later than February 28 of each year. Section 4. Section 32, Chapter 152, Volume 48, Laws of Delaware, is amended by striking out in the second line thereof the word "February" and by inserting in lieu thereof the word "December". Section 5. Section 33, Chapter 152, Volume 48, Laws of Delaware, is amended by striking out in the second line the word "March" and by inserting in lieu thereof the word "Jan-uary". Approved July 11, 1955. CHAPTER 417 RELATING TO SALE OF BEER AN ACT TO AMEND TITLE 4, DELAWARE CODE, RELAT-ING TO THE QUANTITY OF BEER THAT MAY BE SOLD TO BE KEPT IN STOCK FOR PERSONAL USE WITH-OUT THE NECESSITY OF AN INDIVIDUAL LICENSE TO PURCHASE THE SAME: PERMITTING PURCHASE AND TRANSPORTATION OF GREATER QUANTITY OF BEER. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 531, Chapter 5, Title 4, Delaware Code, is amended by striking out the figures and words "twelve (12) bottles or twenty-four (24) half-bottles of beer" appearing in the fourth line thereof and by inserting in lieu thereof the fig-ures and words "twenty-four (24) bottles or forty-eight (48) half-bottles of beer". Section 2. § 714, Chapter 7, Title 4, Delaware Code, is amended by striking out the figures and words "twelve (12) bottles or twenty-four (24) half-bottles of beer" appearing in the sixth and seventh lines thereof and by inserting in lieu thereof the figures and words "twenty-four (24) bottles or forty-eight (48) half-bottles of beer". Section 3. § 724 (4), Chapter 7, Title 4, Delaware Code, is amended by striking out the figures and words "twelve (12) bottles or twenty-four (24) half-bottles of beer" appearing in the fifth and sixth lines of said subsection (4) and by inserting in lieu thereof the figures and words "twenty-four (24) bottles or forty-eight (48) half-bottles of beer". Approved July 11, 1955. 887 888 CHAPTER 418 SPECIAL CONSTABLES AN ACT TO AMEND TITLE 10, DELAWARE CODE, ENTIT-LED "COURTS AND JUDICIAL PROCEDURE" BY ES-TABLISHING QUALIFICATIONS FOR CERTAIN SPE-CIAL CONSTABLES AND BY PROVIDING FOR TWO YEAR APPOINTMENTS AT INCREASED FEES. Be it enacted by the General Assembly of the State of Delaware: Section 1. Chapter 27, Title 10, Delaware Code, is amend-ed by adding thereto the following section : § 2717. Qualifications of special constables appointed under sec-tions 2715-2716; term of office; fees Any individual, firm or corporation applying for the appointment of a special constable under section 2715 or 2716 of this title shall provide such evidence as the Governor may require to show that the proposed special constable is at least 21 years of age and of good character and reputation. Commissions for special constables appointed under section 2715 or 2716 of this title shall be for two years subject to the right of revocation by the Governor or by the individual, firm or corporation at whose instance such constable was ap-pointed. A fee of $20 shall be charged for each constable's commission issued under section 2715 or 2716 of this title. Section 2. The provisions of this Act shall not be so ap-plied as to require any present special constable to give up his commission, and any constable now commissioned shall be eligible upon proper application and payment of the proper fee for a renewal of his commission any provision of this Act to the contrary notwithstanding. Section 3. The Act shall become effective 30 days after approval by the Governor. Approved July 11, 1955. CHAPTER 419 SALARY OF KENT COUNTY PROTHONOTARY AN ACT TO AMEND CHAPTER 23, TITLE 10 OF THE DELA-WARE CODE RELATING TO THE SALARY OF THE PROTHONOTARY OF KENT COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2301 (2) , Title 10 of the Delaware Code is amended by striking out the figures 13000" as they appear therein and by inserting in lieu thereof the figures "$3600". Approved July 11, 1955. 889 890 CHAPTER 420 SALARY OF KENT COUNTY CORONER AN ACT TO AMEND CHAPTER 95, TITLE 9 OF THE DELA-WARE CODE RELATING TO THE SALARY OF THE CORONER OF KENT COUNTY. Be it enacted by the General Assembly of the State of De(aware: Section 1. § 9501 (2), Title 9 of the Delaware Code is amended by striking out the figures "$2000" as they appear therein and by inserting in lieu thereof the figures "$2400". Approved July 11, 1955. CHAPTER 421 SALARIES OF KENT AND SUSSEX COUNTY LEVY COURT COMMISSIONERS AN ACT. TO AMEND CHAPTER 3, TITLE 9 OF THE DELA-WARE CODE RELATING TO THE SALARY OF THE COMMISSIONERS OF THE LEVY COURT OF KENT COUNTY AND SUSSEX COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 309 (b), Title 9 of the Delaware Code is amended by striking out said subsection as it now appears and inserting in lieu thereof a new § 309 (b) to read as follows : (b) In Kent County each of the Levy Court Commission-ers shall receive a salary of $3200 per year and in Sussex County each of the Levy Court Commissioners shall receive a salary of $2800 per year. Approved July 11, 1955. 891 892 CHAPTER 422 SALARY OF KENT COUNTY REGISTER IN CHANCERY AND CLERK OF THE ORPHANS' COURT AN ACT TO AMEND CHAPTER 25, TITLE 10 OF THE DELA-WARE CODE RELATING TO THE SALARY OF THE REGISTER IN CHANCERY AND CLERK OF THE ORPHANS' COURT OF KENT COUNTY. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2502 (2) , Title 10 of the Delaware Code is amended by striking out the figures 13000" as they appear therein. and by inserting in lieu thereof the figures "$3600". Approved July 11, 1955. CHAPTER 423 SALARIES OF COUNTY COMPTROLLERS AN ACT TO AMEND CHAPTER 93, TITLE 9 OF THE DELA-WARE CODE RELATING TO THE SALARY OF THE COUNTY COMPTROLLER OF ALL COUNTIES. Be it enacted by the General Assembly of the State of Delaware: Section I. § 9306, Title 9 of the Delaware Code is amend-ed by striking out the first paragraph thereof and inserting a new first paragraph to read as follows The salary of the Comptroller of New Castle County shall be $5400 per year; the salary of the Comptroller of Kent County shall be $3600 per year; and the salary of the Comptroller of Sussex County shall be $3000 per year". Approved July 11, 1955. 893 894 CHAPTER 424 SALE OF ALCOHOLIC LIQUORS AN ACT TO AMEND CHAPTER 5, TITLE 4 OF THE DELA-WARE CODE RELATING TO LICENSE FEES FOR SALE OF ALCOHOLIC LIQUORS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 555 (o), Title 4 of the Delaware Code is amended by striking out said subsection as it flows appears and inserting a new § 555 (o) to read as follows: For a license to import or to ship alcoholic liquor, other than beer and wine, into this State and to sell and de-liver such alcoholic liquor as provided in this chapter the license fee shall be $2500; but a sale and delivery of alcoholic liquor to pharmacists, physicians, dentists, veterinarians, whole-sale druggists, manufacturing plants where the alcohol is used in scientific work, or for the manufacture of pharmaceutical products shall not be subject to the license fee of $2500. Section 2. § 555 (p), Title 4 of the Delaware Code is amended by striking out said subsection as it now appears and inserting a new § 555 (p) to read as follows : For a license to import or to ship beer into this Sfate and to sell and deliver such beer the license fee shall be $750, and for a license to import or to ship wine into this State and to sell and deliver such wine the license fee shall be $750. Approved July 11, 1955. :17 CHAPTER 425 PREFERENCE OF CLAIMS AGAINST ESTATES AN ACT TO AMEND CHAPTER 21, TITLE 12 OF THE DELA-WARE CODE, RELATING TO ORDER OF PREFERENCE OF CLAIMS AGAINST ESTATES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 2105, Title 12, Delaware Code is amended to had as follows: § 2105. Order of preference of claims against estate Executors and administrators shall pay claims against the decedent in the following order Widow's allowance as provided in Section 2307 of this title; Funeral expenses; The reasonable bills for medicine and medical at-tendance during the last sickness and for nursing and neces-saries for the last sickness of the decedent; Wages of servants and laborers 'employed in house-hold affairs or in the cultivation of a farm; but no servant or laborer shall be allowed this preference for more than one year's wages; Taxes imposed by the State of Delaware; Rent for not exceeding one year; and this, at the election of the party entitled, may be of rent in arrear or rent growing due; Judgments against the decedent, which shall include judgments before justices of the peace and decrees of a court of equity against him for the payment of money; 895 896 Chapter 425 Recognizances, mortgages, and other obligations of record, for the payment of money; Obligations and contracts under seal; Contracts under hand for the payment of money, or delivery of goods, wares, or merchandise; Other demands. Approved July 11, 1955. CHAPTER 426 PRIMARY ELECTIONS AN ACT TO AMEND CHAPTER 31, TITLE 15 OF THE DELA-WARE CODE RELATING TO PRIMARY ELECTIONS AND NOMINATIONS OF CANDIDATES. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 3102, Title 15 of the Delaware Code is amend-ed by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 3102 to read as follows : § 3102. Dates for holding primary elections The time for holding any primary election, except primary elections to nominate candidates for municipal elections, shall be the third Saturday in August in the year in which such primary election is held. Section 2. § 3111, Title 15 of the Delaware Code is amend-ed by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 3111 to read as follows : § 3111. Qualifications of voters An Elector may vote in the primary election of a political party only if he is a duly registered voter and if it appears upon his original permanent registration record that his party affiliation is the same as the party which is holding the pri-mary election. Section 3. § 3112, Title 15 of the Delaware Code is re-pealed. Section 4. § 3121, § 3122, § 3164 and § 3170 are amended by striking out and repealing the words "Books of Registered Voters" and "two Books of Registered Voters" wherever those words appear in said sections, and inserting and enacting in lieu thereof the words "registration records". 897 898 Chapter 426 Section 5. § 3161, Title 15 of the Delaware Code is amend-ed by striking out and repealing said section and by inserting and enacting in lieu thereof a new § 3161 to read as follows : § 3161. Voting procedure The voting procedure at any primary election shall be the same as at any general election, except that the officers shall first determine from the voter's original permanent registra-tion record whether the voter's party affiliation is the same as the party holding the primary election, and if they are not the same, the voter shall not be permitted to vote in the primary election. The officers shall make no entries upon the Election District Record. The Department shall use the Voter Signature Cards which are returned to the Department at the conclusion of the election to determine whether or not a voter has voted in the primary election, and the Department shall make the appropriate notation of the fact that the voter has voted in the primary election upon the voter's original permanent regis-tration record in the Election District Record. The Department shall notify the Commissioner of the names of the persons who voted in the primary election, and the Commissioner shall cause the punch-cards of such persons to be punched to indicate that fact. Section 6. § 3164, Title 15 of the Delaware Code is fur-ther amended by striking out and repealing the words "within two days after the day of" and by inserting and enacting in lieu thereof the words "immediately after the close of". Section 7. § 3103, Title 15 of the Delaware Code, is amend-ed by striking out and repealing all of said section and substi-tuting in lieu thereof a new § 3103 to read as follows : § 3103. Primary in all hundreds or districts to be on the same day The primary election for all political parties shall be held in the several hundreds or districts on the third Saturday in August of a general election year. Chapter 426 899 Section 8. § 3105, Title 15 of the Delaware Code, is amend-ed by striking out and repealing all of said section and substi-tuting therefor a new § 3105 to read as follows : § 3105. Hours at polling places The time for opening the polls for the purpose of conduct-ing a primary election shall be seven o'clock in the morning and the time for closing the polls at such primary election shall be eight o'clock in the evening. Section 9. § 3106, Title 15 of the Delaware Code is amend-ed by striking out and repealing said section and by inserting a new § 3106 to read as follows : § 3106. Procedure when no contest In case there be no contest for any office in any particular election district or districts, the Department shall be governed accordingly and shall not hold a primary election in any such election district or districts. Section 10. § 3108, Title 15 of the Delaware Code is amended by striking out said section and by inserting a new section in lieu thereof to read as follows : § 3108. Notices by party authorities to governmental bodies in regard to primary elections Whenever a political party desires to hold a primary elec-tion, the Chairman or Secretary of the regularly organized and constituted County or City Committee of such political party shall notify in writing the Department of Elections in their county of their desire to hold a primary election which notifi-cation shall be made by the first Saturday in August of a general election year. Section 11. § 3109, Title 15 of the Delaware Code is amended by striking out all of said section and substituting therefor a new § 3109 to read as follows : 900 Chapter 426 § 3109. Conduct of primary elections The county Departments of Elections and election officers shall conduct the primary elections in every respect in the same way that general elections are conducted and in accordance with the applicable provisions of this title except that the voting machines shall be operated so that the only levers open to each voter shall be the levers for candidates of the party of the voter's party affiliation as shown by the voter's original permanent registration record. In the event that there is a contest in only one party in an election district all of the primary election officers and clerks for that district shall be of the same party affiliation as the party in which there is a contest, and they shall be selected by that party's district committee and the Department shall be notified of the names selected at least one week before the date of the primary election. Vacancies for any reason shall be filled by the district committee as they occur. Where there is a con-test in more than one party in an election district the primary election officers and clerks shall be the same as the election officers and clerks selected for that district for the purposes of the general election. Section 12. § 3122, Title 15 of the Delaware Code is amended by striking out the words "twelve o'clock" and "twelve o'clock noon" wherever they appear and by inserting in lieu thereof the words "seven o'clock A. M." Section 13. § 3127, Title 15 of the Delaware Code is fur-ther amended by striking out and repealing the words "County Committee of the political party holding any primary election" and by inserting in lieu thereof the word "Department". Section 14. § 3127, Title 15 of the Delaware Code is fur-ther amended by striking out and repealing the words "They" and "committee" as they appear in the second sentence thereof and by inserting in lieu thereof the words "The Department" and "Department" respectively. Section 15. § 3128, Title 15 of the Delaware Code is amended by striking out and repealing said section and by in-serting in lieu thereof a new § 3128 to read as follows : Chapter 426 901 § 3128. Designation of polling places The Department shall designate the place for holding a primary election in each election district in the same manner as it designates polling places for a general election. Section 16. § 3166 (b), Title 15 of the Delaware Code is amended by striking out and repealing said subsection and by inserting in lieu thereof a new subsection to read as follows : (b) If any person appointed watcher so conducts himself as to interfere with the progress of the election he may, upon complaint made by the election officers to the Department, at the direction of the Department be removed from the room where such election is being held, and the candidate whose rep-resentative the watcher so removed was, shall be without rep-resentation during the continuance of the election. Section 17. § 3173 (d), Title 15 of the Delaware Code is amended by striking out and repealing said subsection and by inserting in lieu thereof a new subsection to read as follows : (d) In primary election districts where voting machines are used, the total vote cast for each candidate, as recorded on the voting machine, shall be entered by the judges holding such primary election for such primary district on the certificates furnished for such purpose ; each certificate shall be signed by the Inspector, Judges and Poll Clerks, one of said certificates together with one poll list shall be delivered by the Inspector of the first secular day following such primary election to the Chairman of the regularly organized County or City Committee, as the case may be, of a political party holding such primary election ; a certificate and all keys to the voting machines, and one poll list shall be delivered to the Department of Elections in an envelope furnished for that purpose ; said envelope shall be sealed and each officer shall sign his name across the seal of said envelope. Section 18. § 3104, § 3141, § 3142, § 3144, § 3145 and § 3146, Title 15 of the Delaware Code are repealed. 902 Chapter 426 Section 19. Only persons who register in the year 1956 under the permanent registration system enacted into law dur-ing the session of the 118th General Assembly of the State of Delaware shall be eligible to vote in any primary election held prior to the general election in the year 1956 and the provisions of this Act shall apply to any primary election held during the year 1956 any provision of § 1102 (c), Title 15, Delaware Code to the contrary notwithstanding. Section 20. Any act or parts of an act inconsistent with this act are repealed to the extent of any such inconsistency. Approved July 11, 1955. 903 CHAPTER 427 ALCOHOLIC LIQUORS AN ACT TO AMEND CHAPTER 11, TITLE 4, DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS. Be it enacted by the General Assembly of the State of Delaware: Section 1. § 1103, Title 4, Delaware Code is amended to read as follows : § 1103. Manufacture on unauthorized premises; seizure or de-struction of liquor, apparatus and materials All alcoholic liquor, stills and other apparatus, tubs, bar-rels, containers and paraphernalia of any character, and all mash, wort or wash, used or useful in connection with the man-ufacture of alcoholic liquor which are upon the premises wherein or whereon are committed any offense defined in section 905 of this Title, shall be seized by the officers apprehending the same and disposed of as provided in this section. The officers finding the same may forthwith destroy any or all mash, wort or wash upon the premises, and any or all stills or other apparatus, tubs, barrels, containers and paraphernalia so found. The officer or officers destroying any property shall forthwith report the same to the Commission and in such report shall itemize all property destroyed and the estimated value thereof and shall state the names of the persons in whose presence such act or acts of destruction were performed. The report shall be witnessed by at least two responsible persons other than the officer or officers performing such act or acts of destruction. The Commission may sell any property of value go seized to any person or persons desiring to purchase same, who in the opinion of the Commission will not utilize same in connection with any violation of this chapter. The proceeds from such sale shall be deposited in the General Fund of the State of Delaware. Approved July 11, 1955. 904 CHAPTER 428 ELSMERE AN ACT TO RE-INCORPORATE THE TOWN OF ELSMERE, NEW CASTLE COUNTY. Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein): Section 1. INCORPORATION The municipal corporation of the State of Delaware now known as "The Commissioners of Elsmere" shall hereafter be known as "The Town of Elsmere" and the inhabitants thereof within the corporate limits as defined in Section 2 of this Act or subsequently altered by annexation procedures shall, under the name of "The Town of Elsmere", continue to be a municipal body politic in perpetuity. Section 2. BOUNDARIES The boundaries of the Town of Elsmere shall continue as heretofore existing under the Charter of "The Commissioners of Elsmere" immediately prior to the enactment of this char-ter. The Council of the Town of Elsmere may at any time here-after cause a survey and plot to be made of said Town and the said plot, when made and approved by the Council, shall be recorded in the Office of the Recorder of Deeds in and for New Castle County, State of Delaware, and the same or the record thereof, or a duly certified copy *of the said record shall be evi-dence in all courts of law and equity in this State. Section 3. ANNEXATION If and when a majority of the property owners in territory contiguous to the Town of Elsmere shall sign a petition seeking to have the areas in which said property owners reside annexed to the Town of Elsmere and submit the petition together with a Chapter 428 905 survey of the areas proposed for annexation to the Council of the Town of Elsmere, the said Council shall submit the ques-tion of annexation to the voters of the Town of Elsmere. If a majority of the said voters, at a special election held for that purpose, shall vote in favor of the proposed annexation, then the said area, as shown on the said survey, shall become and be a part of the Town of Elsmere. The annexed area shall become and be a part of the district to which said area is contiguous. If the annexed area is contiguous to more than one district, the annexed area shall become a part of the district with which it has the longest common boundary. Section 4. DISTRICTS The Town of Elsmere shall be divided into six districts as follows: BEGINNING at a point in the center of New Road and the intersection of Ohio Avenue ; thence in a southerly direc-tion along the center line of Ohio Avenue and Ohio Avenue ex-tended to its junction with Mill Creek ; thence in a northeasterly direction along Mill Creek to its junction with Silverbrook ; thence in a northerly direction along the center of Silverbrook, by its several courses, to a point in the division line between lands now or lately of the estate of Dr. J. P. Stidham and the northerly side or the right of way of the old Delaware & Western Railroad ; thence northwesterly along the right of way of the said Railroad to its junction with the boundary of the City of Wilmington ; thence in a northwesterly and northeasterly di-rection to a point at the junction of the northerly boundary of the Town of Elsmere ; thence in a northwesterly direction along the northern boundary line of the Town of Elsmere to its inter-section with N. duPont Road ; thence in a southerly direction along the center line of N. duPont Road to its intersection to New Road ; thence in a westerly direction along the center line of New Road to its intersection with Ohio Avenue, the point of beginning. BEGINNING at a point in the center of New Road at its intersection with Ohio Avenue ; thence in a southerly direction along the center line of Ohio Avenue, extended, to its 906 Chapter 428 junction with Mill Creek ; thence in a southwesterly direction along the course of Mill Creek to its junction with Birch Avenue and Birch Avenue, extended ; thence in a northerly direction along the center line of Birch Avenue, extended, crossing Wil-mington Avenue, and continuing on Birch Avenue, extended, to its intersection with New Road ; thence in an easterly direc-tion along the center line of New Road to its intersection with Ohio Avenue, the place of beginning. BEGINNING at a point in the center of New Road at its intersection with Birch Avenue, extended ; thence in a westerly direction along the center line of New Road to its intersection with Tamarack Avenue ; thence in a southerly direc-tion along the center line of Tamarack Avenue, extended, to its junction with the right-of-way of the Baltimore & Ohio Rail-road ; thence in a westerly direction along the center of the right-of-way of the Baltimore & Ohio Railroad to its junction with Mill Creek ; thence southerly and southeasterly along the Course of Mill Creek to its junction with Birch Avenue, extend-ed, crossing Dover Avenue, and continuing on Birch Avenue, extended, crossing Wilmington Avenue, to its intersection with New Road, the place of beginning. BEGINNING at a point in the center of New Road and its junction with Tamarack Avenue; thence southerly along the center of Tamarack Avenue and Tamarack Avenue, extend-ed, to its intersection with the center of the right-of-way of the Baltimore & Ohio Railroad; thence in a southwesterly direc-tion along the center of the right-of-way of the Baltimore & Ohio Railroad to its junction with Mill Creek ; thence in a north-erly direction along the center of Mill Creek to its junction with Chestnut Run (West Branch) ; thence along Chestnut Run, by its several meanderings, to its intersection with New Road; thence easterly along the center of New Road to its junction with Tamarack Avenue, the point of beginning. BEGINNING at a point in the center of New Road as its intersection with Chestnut Run (West Branch) ; thence in an easterly direction along the center line of New Road to its intersection with Sanders Road, extended, Vilone Village ; thence in a northerly direction along the center line of Sanders Road, Chapter 428 907 crossing Olga Road, and continuing to its intersection with the Northerly boundary of the Town of Elsmere; thence in a wester-ly direction, along the meanderings of the Northerly boundary of the Town of Elsmere to its intersection, extended, with Chestnut Run (West Branch) ; thence in a southwesterly direc-tion along the center line of Chestnut Run to its intersection with the center line of New Road, the place of beginning. (6) BEGINNING at a point in the center of New Road at its intersection with the center line of Sanders Road, extended, Vilone Village ; thence in a northerly direction along the center line of Sanders Road, crossing Olga Road, and continuing to its intersection with the Northerly boundary of the Town of Els-mere ; thence in an easterly direction along the meanderings of the Northerly boundary of the Town of Elsmere to its inter-section with the center line of North duPont Road ; thence in a southerly direction along the center line of North duPont Road to its intersection with the center line of New Road ; thence in a westerly direction along the center line of New Road to its intersection with Sanders Road, extended, Vilone Village, the place of beginning. Section 5. STRUCTURE OF GOVERNMENT The Government of the Town and the exercise of all powers conferred by this Charter, except as otherwise provided herein shall be vested in a Mayor and a Town Council. The Mayor shall be elected at large by the qualified voters of the Town. One member of the Town Council shall be elected, by the qualified voters of each district. The Mayor and Council under this Charter shall first be elected on the last Saturday in June, 1955, to serve until their respective successors have been elected and qualified. The next regular municipal election of Mayor and Council after June of 1955 shall be held on the last Saturday in April of 1957, and regular municipal elections of Mayor and Council shall be held on the last Saturday in April of odd-numbered years thereafter. Section 6. POWERS OF THE TOWN The Town of Elsmere shall have all the powers granted to municipal corporations by the Constitution and general laws of 908 Chapter 428 the State of Delaware, together with all the implied powers ex-pressly granted. The Town of Elsmere shall continue to enjoy all powers which have been granted to it by special Acts of the General Assembly of the State of Delaware, except insofar as they may be repealed by the enactment of this Charter. The Town of Elsmere as a body politic and corporate shall succeed to, own or possess all property, whether real, personal or mixed, and all rights, privileges, franchises, powers and immunities now belonging to, possessed by or enjoyed by the former corpor-ation, known as "The Commissioners of Elsmere", without the necessity of any deeds or instruments of conveyance or transfer. The Town of Elsmere may have and use a corporate seal, may sue and be sued, may acquire property within or without its corporate limits by purchase, gift, devise or lease for the purpose of providing sites for public buildings, parks, sewer systems, sewage treatment plants, water systems, water plants, or other municipal purposes except gas, telephone or electric systems ; and may sell, lease, mortgage, hold manage and control such property or utility as its interests may require; and except as prohibited by the Constitution or laws of the State of Dela-ware or restricted by this charter the Town of Elsmere shall and may exercise all municipal powers, functions, rights, privil-eges and immunities of every name and nature whatsoever. The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive but, in addition to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that the Town of Elsmere shall have and may exercise all powers which, under the Con-stitution of the State of Delaware, it would be competent for this Charter to specifically enumerate. All powers of the Town, whether express or implied shall be exercised in the manner prescribed by this Charter, or if not prescribed herein, then in a manner provided by ordinance or resolution of the Council. Section 7. QUALIFICATIONSMAYOR AND COUNCIL Any qualified voter of the Town of Elsmere who has at-tained the age of twenty-one years in the case of councilman, and thirty years in the case of the Mayor, and who has not Chapter 428 909 been convicted of a felony or a crime involving moral turpitude and who has owned real property in the Town of Elsmere for at least one year next preceding his election and who has paid all Town taxes and special assessments theretofore assessed against him shall be eligible for the office of Mayor or Council-man ; provided that any person elected to Council must at the time of his election reside in the district from which elected. Loss of residence in the Town or in the district from which elected, or conviction of a crime, as above, during tenure of office shall create a vacancy. In case of vacancy for any cause, a special election, conducted in the same manner as a regular election, except that the nominating petitions shall be filed not later than ten days before the date of the special election, shall be held within 30 days after the occurrence of the vacancy, as may be proclaimed by the Council; provided, however, that if the vacancy occurs within 90 days of a regular election, the vacancy shall not be filled. Section 8. COMPENSATION The Mayor shall receive an annual salary of Three Hundred Dollars ($300.00). Each Councilman shall receive an annual salary of Two Hundred Fifty Dollars ($250.00) each. The said salary shall be paid in equal monthly installments. Section 9. MEETINGS OF COUNCIL The Council of the Town of Elsmere shall take office on the Monday following the regular municipal election, shall hold an organization meeting in the evening of the next Thursday at which a President Pro Tempore shall be elected by the Council from among the members of the Council, and shall meet regularly at least once a month thereafter. Special meet-ings may be called by the Mayor and shall be called upon the written request of any three members of the Council. At least two days' written notice of special meetings shall be given to each Councilman, provided that if all the Councilmen shall sign a waiver of notice of a particular special meeting, then the notice aforesaid shall not be a prerequisite to the validity of such special meeting. All meetings of the Council shall be open to the public. 910 Chapter 428 Section 10. MAYOR'S RELATIONSHIP TO COUNCIL The Mayor shall be the executive of the Town. He shall preside at meetings of the Council, but shall have no vote therein, except in case of ties. He shall execute on behalf of the Town, when authorized by Council, all agreements, con-tracts, bonds, deeds, leases, and other documents necessary to be executed. He shall appoint from among those residents of the Town who have resided in the Town for at least two years, and who are not members of the Council, by and with the con-sent of a majority of the Town Council, the Chief of Police, the members of the Zoning Commission, the members of the Park and Playground Committee, and all members of the Police force. He shall countersign all orders, checks or warrants au-thorized by Council and drawn on the Treasurer for payment of money ; and shall have all and every power conferred and perform all duties imposed upon him by this Charter and the ordinances of the Town. In case of the temporary absence or inability to act of the Mayor, the President Pro Tempore shall act during such tem-porary absence or inability of the Mayor. The President Pro Tempore, when lawfully acting as Mayor shall have all the pow-ers conferred upon the Mayor by this Charter. In the event that the Mayor becomes disqualified from holding office by reason of resignation, death, removal from the Town, conviction of a felony, or malfeasance in office, the Pres-ident Pro Tempore shall succeed to the office of Mayor for the balance of the unexpired term. The succession of the President Pro Tempore to the office of Mayor shall create a vacancy in the Council. Section 11. POWERS OF COUNCIL The Council shall constitute the legislative body of the Town of Elsmere. It shall have power to adopt ordinances relating to the health of the population of the Town or to pre-vent the introduction or spread of communicable diseases or nuisances affecting the Town. The Council may also pass ordi-nances to ascertain and fix boundaries of streets, squares, lanes Chapter 428 911 and alleys ; or repair and amend the same and provide for the paving thereof, or to alter, extend or widen any street, square, lane or alley, to open and lay out new ones subject to provisions in that behalf hereinafter contained ; to regulate the ascent and descent of all streets, lanes and alleys ; to fix the building lines on the same ; to direct the paving of footways and to pre-scribe the width thereof; to direct the laying out of gutters and prescribe the depth thereof ; to prescribe the extent of porches, cellar doors and other inlets to yards and buildings ; to provide police and lighting of streets at the expense of the Town, and generally to prescribe and regulate the streets, lanes and alleys of the Town and to have and exercise control of the same; subject to the provisions in that behalf hereinafter con-tained; to provide for the regulation of auctions and auctioneers and public amusements ; to provide for the safety of the citi-zens and for that purpose to prescribe the heights, thickness of walls of buildings and the mode of erecting same in said Town and to prescribe rules and regulations directed toward the prevention of fires and explosions, and make provisions for the enforcement of said regulations ; to adopt municipal zoning regulations ; to adopt traffic regulations, to regulate itinerant peddlers and canvassers within the Town ; to provide for the repair and maintenance of sidewalks ; to regulate the sale of goods, wares and merchandise on the streets and sidewalks within the Town and fix the license fee thereof and to license the conduct of business generally within the Town, charging there-for a license fee which shall be not less than one dollar nor more than twenty dollars per annum ; to regulate signs and bill boards and to provide for permits for the erection and mainte-nance thereof ; to provide for the measuring or weighing of coal, lime, grain or other matter sold in the said Town. They shall have the power to lay and collect fines on the owners of any horse, cow, dog, or animal which may be found at large in any of the streets, squares, lanes, alleys, aforesaid, and in general to have power to do all those matters and things for the well-being of said Town and the inhabitants thereof, which shall not be in contravention of any existing laws of this State or the Constitution thereof. Except as hereinafter provided, the Council shall not have the power to exempt any individual from the operation of any general ordinance or municipal regu-lation. 912 Chapter 428 The Council shall have all other powers requisite to and appropriate for the government of the Town of Elsmere, its peace and order, its sanitation and beauty, and for the health, safety, convenience, comfort and well-being of its population and for the protection and preservation of public and private property. Section 12. JUDGE OF THE QUALIFICATIONS OF MEMBERS The Council shall be the judge of the election and qualifi-cation of its members and for such purpose shall have power to subpoena witnesses and require the production of records and, in the event that special proceedings may be necessary to determine or establish such qualifications, shall keep a record of such proceedings, which record shall be subject to review by the Superior Court of the State of Delaware in and for New Castle County. Section 13. RULES OF PROCEDURE; RECORD The Council shall determine its own rules of procedure and order of business. It shall keep a record of its proceedings and the record shall be open to public inspection. Elections for officers shall be by a majority vote of the members elected to Council and the results shall be entered on the record of Coun-cil. Section 14. QUORUM AND MAJORITY REQUIREMENT A majority of the members elected to the Council shall constitute a quorum to do business but a smaller number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. No ordinance shall be valid unless it shall have the affirmative vote of the majority of the members elected to the Council. Resolutions, orders and motions shall be valid upon the affirmative vote of a majority of the members of the Council present. No member shall be excused from voting on ordinances, resolutions, orders or motions. In addition to such acts of the Council as are required by this Charter or by other State Law to be by ordinance, every Section 15. ORDINANCES Chapter 428 913 act of the Council establishing a fine or other penalty shall be by ordinance. The enacting clause of all ordinances shall be "Be it ordained by the Council of the Town of Elsmere as fol-lows". Section 16. PROCEDURE FOR ENACTING ORDI-NANCES Every ordinance shall be introduced in writing. No ordi-nance shall be passed unless it shall have the affirmative vote of a majority of the members elected to the Council and unless it shall have been considered at two regular stated meetings. Vote on any ordinance shall be by voice vote and shall be enter-ed on the record of Council. Section 17. ORGANIZATION CHANGES BY COUNCIL; VACANCIES The enumeration of certain officials in the Charter to be appointed by the Council is not to be construed as a limitation on the power of the Council to create such new positions or offices as may be deemed essential to accomplish the objectives of the Town's government, and to provide for the selection of suitable persons to fill any positions or offices. All vacancies in appointive offices shall be filled by a majority vote of the whole Council for the unexpired term. Section 18. THE SECRETARY The Secretary shall record or cause to be recorded all of the proceedings of the Council and keep a correct record of the same in a book to be provided for that purpose, and shall file and keep in a safe place the seal of the Town and all papers and documents relative to the affairs of the Town ; and shall deliver the same to his successor in office. The Secretary shall attest the seal of the Town when authorized by Council and shall perform such duties and have such other powers as may be prescribed by Council. All records, books, papers and documents in the custody of the Secretary shall be always open for the inspec-tion of the Council and the public under such regulations as Council may prescribe. The Secretary may be a member of the 914 Chapter 428 Council. He shall be elected by a ballot or voice vote at the biennial organization meeting for a period of two years or until his successor is duly elected and qualified. Section 19. THE SOLICITOR At the biennial organization meeting the Council shall elect by ballot or voice vote a Town Solicitor for a term of six months or until his successor shall have been duly elected and qualified. The Town Solicitor shall be a member of the Bar of the State of Delaware ; it shall be his duty to give legal advice to the Council and other officers of the Town, and to perform such other legal service as may be required of him by the Council. The manner and amount of his compensation shall be as deter-mined by the Council. Section 20. THE MAYOR The Mayor shall have been a resident of the Town for three years and a property owner in the Town for one year, and not less than 30 years of age at the time of his election. He shall be elected at large at the biennial Town election and shall serve for a term of two years or until his successor shall be duly elected and qualified, but the first Mayor elected under this Charter shall serve from the date of his qualification until the qualification of his successor after the election of April, 1957. Before entering upon the duties of his office he shall be sworn or affirmed by a Justice of Peace, or by a notary public, to per-form the duties thereof honestly, faithfully and diligently. The Mayor shall have and exercise, within the limits of the Town, all the powers, authorities, jurisdiction and cognizance of a Justice of the Peace of and over all breaches of the peace and other offenses within the said Town, with power to arrest and hold for bail, or fine and imprison all offenders, and of and over all fines, forfeitures and penalties which may be prescribed by any law of this state or by ordinances of the Town Council regu-larly passed and enacted for the government of the said Town ; provided that he shall have no jurisdiction in any civil matter other than to carry out the provisions of this Act and of the rules and regulations that may be adopted for the government of said Town by the persons authorized to adopt the same under Chapter 428 915 this Act. The fees of said Mayor shall be the same as are allow-ed Justices of the Peace for similar services under the law of this State ; provided that there shall be no Constables' fees. It shall be the duty of the Mayor to keep a book or docket to be called the "Mayor's Court Docket of Elsmere" to be provided by the Council, in which all his official acts shall be entered, which docket may be inspected from time to time by the Council, and he shall upon expiration of his term of office deliver over to his successor all the books, papers, etc., pertaining to his office within ten days after the election and qualification of such successor, and in default of so doing he shall forfeit and pay for the use of the Town the sum of twenty-five dollars ($25.00) to be recovered before the succeeding Mayor or any Justice of the Peace residing in said Town or in Christiana Hundred. The Mayor shall submit to the Council at each regular meeting thereof a report of all fines and costs collected by him during the ensuing period, and shall pay over to the Council all such fines as well as costs whereupon the Council, if it be satis-fied with his report, shall pay to him the amount of said costs in the same manner as other disbursements are allowed and paid. Failure by the Mayor to pay over said fines and costs or failure to make a report to the Council as aforesaid shall con-stitute a misdemeanor, which shall be cognizable before any Justice of the Peace resident in New Castle County and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). The conviction of the Mayor of any felony or of any mis-demeanor relating to the conduct of his office shall result in an automatic forfeiture of his office, which shall thereupon be vacant. Section 21. THE TREASURER The Treasurer shall be elected at large for the same term as the Mayor, as provided in Sections 5 and 20. He shall be custodian of all funds of the Town of Elsmere and shall deposit them as received in such banking institutions as may be desig-nated by the Council. He shall not pay out any money except upon check or war-rant countersigned by the Mayor and authorized by the Council. He shall attend all meetings of the Council. 916 Chapter 428 The Treasurer shall, before entering upon the duties of his office, give bond to the Town of Elsmere with surety to be approved by the Council in the penal sum of double the amount of what may reasonably be expected to come into his hands, conditioned for the faithful discharge of the duties of his office and for the delivery to his successor in office all books, papers, etc., relating to his said office and all sums of money belonging to said Town which may remain in his hands upon the termin-ation of his office. The cost of said bond shall be paid by the Town of Elsmere. If the Treasurer shall fail to give bond as required by this section, he shall thereby and thereupon forfeit his office and the same shall become vacant, in which case the Council shall appoint some qualified person to serve for the un-expired term. The compensation of the Treasurer shall not ex-ceed Two Hundred and Fifty dollars ($250.00) per year, but may be paid in equal monthly payments. The salary paid to any one Treasurer shall not be decreased during his current term of office. Section 22. THE ASSESSOR The Assessor shall be eletced at large at the biennial Town election for the same term as the Mayor, as provided in Sections 5 and 20. His duties shall consist of keeping the records of the assessed values of real property situated within the limits of the Town and re-assessing the said realty from time to time when, by reason of improvements, demolitions, depreciation, sub-division, or any other cause he shall, in the reasonable exercise of his discretion, deem that changes in the assessments of any or all of said realty are proper. The general assessment last made prior to the enactment of this Charter shall constitute and be the assessment of all real property situate within the said Town for the purpose of the Town taxes to be levied for the fiscal year 1955-56, and any change made therein shall not affect the levy of taxes for said year. Thereafter the assessment books shall be closed on the 15th day of April of each year and the taxes levied for the ensuing fiscal year shall be based on the assessments as of said date. The Assessor may, in his discretion, be guided by the assessment of real property within the said Town by the New Castle County Board of Assessment. Chapter 428 917 The compensation of the Assessor shall not exceed Three Hundred dollars ($300.00) per year but may be paid in equal monthly payments. The salary paid to any one Assessor shall not be decreased during his current term of office. The Council may, in its discretion, appoint one or more persons to assist the Assessor in the performance of his duties. Section 23. POLICE It 'shall be the duty of the Mayor to appoint, by and with the consent of the Council, a police force consisting of a chief and such number of subordinates as the Council shall determine ; and the Council shall from time to time make rules and regu-lations as may be necessary for the organization, government and control of the police force. The chief and members of the police force may be removed by the Council, subject to the pro-visions of Section 25. They shall preserve peace and order and shall compel obedience, within the Town limits, to the ordi-nances of the Town and the laws of the State of Delaware ; and they shall have such other duties as the Council may from time to time prescribe. They shall execute within the Town limits, criminal process issued by any Justice of the Peace of New Castle County. Each member of the police force shall be vested with all the power and authority, within the Town limits, which are now or may hereafter be conferred upon any peace officer by the laws of the State of Delaware. In furtherance, and not by way of limitation of the foregoing powers, they may.carry firearms, and in case of fresh pursuit of an offender, their power and authority shall extend to any part of the State of Delaware. They shall be authorized to transport prisoners, lawfully de-tained, without the limits of the Town of Elsmere, and with respect to any such prisoner or prisoners shall have all of the power and authority which they would have while transporting such prisoner or prisoners within the limits of the Town. While on duty, whether within or without the limits of the Town of Elsmere, the members of the said police force shall have the power to arrest upon view for any felony or breach of the peace. The Mayor by and with the consent of Council, may appoint special members of the police force with the same powers and duties as regular members of the police force. 918 Chapter 428 Section 24. BOARD OF HEALTH At the biennial organization meeting the Council shall ap-point a Board of Health consisting of three members, one of whom shall be a practicing physician in the Town of Elsmere, if there be one available; or if not, a practicing physician in New Castle County. The Board shall serve for two years, shall have cognizance of the interests of life and health within the Town and that of the people residing within one-quarter mile of the boundaries of said Town, except where such area outside of the Town may lie within the jurisdiction of another munici-pality. The Board of Health shall report to the Council monthly in writing whatever is deemed by the Board to be injurious to the health of the Town, and shall also make recommendations to the Council of whatever may contribute to useful sanitary information. The Board shall also have all powers and duties enumerated by the laws of the State of Delaware for local boards of health. Section 25. COMPENSATION OF OFFICERS AND EM-PLOYEES The Council shall have power to fix the compensation of all officers elected by ballot at the annual organization meeting, and such other officers, employees and agents of the Town, which by it may be deemed proper and necessary for the proper conduct and management of the Town. Any officer or employee may be removed by the Council for sufficient cause; however, after five years' service removal may not be made without a public hearing. Section 26. BONDING OF CITY OFFICIALS AND EM-PLOYEES The Mayor, the Town Treasurer, the Tax Collector, and such other officers and employees of the Town of Elsmere as the Town may require, shall give bonds for the faithful per-formance of their duties in such amounts and with such surety as may be approved by the Council or otherwise provided herein. The premiums on such bonds shall be paid by the Town of Elsmere. Failure to give such bond, with surety, shall work an automatic forfeiture of office and the vacancy created thereby shall be filled as herein provided in the case of other vacancies. Chapter 428 919 Section 27. OATH OF OFFICE Every member of the Council, the Town Treasurer, Tax Collector, the heads of all Town departments, and such other officials or employees as Council may by ordinance require, shall, before entering upon the duties of their office, take and sub-scribe to the following oath or affirmation, to be filed and kept in the office of the Secretary: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faithfully dis-charge the duties of the office of according to the best of my ability." The Mayor, Members of Council, and Secretary of the Council shall have the power to administer oaths required by this Charter. Section 28. FISCAL YEAR The fiscal year of the Town of Elsmere shall begin on the first day of July of each year and shall end on the last day of June. Such fiscal year shall also constitute the budget and accounting year, except as otherwise provided herein. Section 29. BUDGET Annually each year and not later than the first Thursday in June the Council shall cause to be submitted a budget con-taining a financial plan for conducting the affairs of the Town for the ensuing fiscal year. The budget shall contain the following information : (1) A detailed estimate of the expense of conducting each department and office of the Town for the ensuing fiscal year ; provided that the Council may, if it deems fit, break down such estimate in some appropriate manner other than by depart-ments or offices. 920 Chapter 428 The value of supplies and materials on hand, together with the nature and kind of any machinery or other implements and the condition thereof. The amount of the debt of the Town, together with a schedule of maturity of bond issues. Council shall allow adequate reserve for deprecia-tion. A statement of the amount of interest on the bonded debt, the amount necessary to pay any bond maturing during the year, and the amount required for the sinking fund, if any. An estimate of the amount of money to be received from taxes and all other anticipated income of the Town from any source or sources. The budget shall be used as a guide in determining Town expenditures but shall not be a limitation upon the power of the Council to appropriate funds in excess of the amounts set forth in the budget, if in its discretion it seems advisable to do so. Section 30. INDEPENDENT ANNUAL AUDIT At least once in any given year the Council shall designate a certified public accountant or firm of certified public account-ants who shall make an independent audit of accounts and other evidence of fiscal transactions of the Town government and shall submit their report to the Council. In election years this audit shall be made as of the last day of the terms of the Mayor and Council. The said accountants shall have no personal in-terest direct or indirect in the fiscal affairs of the Town govern-ment or any of its officers. They shall not maintain any ac-counts of the Town business, but shall within specified limits approved by the Council audit the books and documents of the , Treasurer or other appropriate officer or any separate or sub-ordinate accounts kept by any other office, department or agency of the Town government. When received, the report of the auditors shall become part of the minutes of the Council, and Chapter 428 921 shall be available for inspection by any citizen of the Town at such reasonable times as may be determined by the Council. Section 31. POWER TO RAISE REVENUE The Council shall have the power to levy and collect taxes on real property within the limits of the Town, except that which is not assessable and taxable by virtue of any law of the State of Delaware ; provided that the amount so collected shall not exceed Seventy-Five Thousand dollars ($75,000.00) in any one fiscal year clear of all delinquencies and expenses of collec-tion. The Council shall have the right to grant and refuse and to charge fees for licenses or permits for traveling shows and other business of any description within the limits of the Town. The Council shall also have the power to collect franchise fees and to impose sewer rentals on sanitary sewers. The Council may, in its discretion, exempt from Town tax-ation any manufacturing plant employing fifty or more em-ployees hereafter established within the Town of Elsmere or brought within the boundaries of the Town by virtue of any annexation for a period of ten years from the time said plant is established or brought within the boundaries of the Town of Elsmere. The Council shall have the power by ordinance to allow for discounts for early payment of taxes, to inipose reasonable penalties, interest and forfeitures for tax delinquencies and to review and determine proper and appropriate properties to be exempt from taxation. The Council shall have the power to fix the rates for gen-eral utility services operated by the Town and to collect and utilize revenues from such utility services for the benefit of the Town. Section 32. THE TOWN MAY ENGAGE IN BUSINESS Except as prohibited by the Constitution of the State of Delaware or by this Charter, the Town of Elsmere shall have the right to engage in any business or enterprise in which a person, 922 Chapter 428 firm, or corporation may engage; and shall have the right to purchase, own and maintain within or without the corporate limits of such Town, all real estate for municipal purposes for sites and rights-of-way for public buildings, parks, sewer sys-tems, sewerage treatment plants, water systems, water plants or other municipal purposes for the location, erection and main-tenance thereon of public facilities for the uses aforesaid. In any case where the Council may deem it to be to the best interests of the people of the Town of Elsmere to acquire properties of any privately owned sewer system, sewerage treat-ment plant, water system or water plants used for municipal purposes within the present or future boundaries of the Town, the question shall be submitted to a vote of the residents of the Town of Elsmere. Council may at any time, call a special elec-tion for such purposes upon thirty (30) days' notice. In ac-quiring said utility property, the Town of Elsmere shall in all respects adhere to the general laws of the State of Delaware insofar as they relate to the purchase of utility properties here-tofore described by municipalities. The Town Council shall be authorized to negotiate the aforementioned purchase only upon the approval of a two-thirds majority of the voters of the Town of Elsmere. Section 33. POWER TO BORROW MONEY The Town of Elsmere may incur indebtedness by issuing either general obligation bonds or certificates of indebtedness secured by the full faith and credit of the Town of Elsmere or revenue bonds, either in whole or in part of the total amount necessary to provide funds for the erection, extension, enlarge-ment or repair of any plant, machinery, appliances or equipment for the furnishing of water to the public, for the construction, repair, or improvement of highways, streets or lanes, or the paving, curbing or erection of gutters along the same; for the construction or repair of sewers or sewage disposal equipment ; or to defray the cost of the share of the Town of Elsmere in the cost of any permanent municipal improvement. If general obligation bonds are issued, the total outstanding debt secured by such bonds shall not exceed 3% of the aggregate assessed value of real property in the Town. Chapter 428 923 If revenue bonds are issued, each such bond shall recite in substance that said bond, including interest thereon, is payable from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the Town of Elsmere within the meaning of the Bonded indebtedness limitation. If revenue bonds are issued, the Council shall prescribe and collect reason-able rates, fees or charges for the service, facilities and accom-modations of said undertaking and shall revise such rates, fees or charges from time to time whenever necessary so that such undertaking shall be and always remain self-supporting. The rates, fees or charges prescribed shall be such as will procure revenue at least sufficient (a) to pay when due all bonds and interest thereon, for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered, in-cluding reserves therefor, and (b) to provide for all expenses of operation and maintenance of such undertaking, including reserves therefor. Before the Town of Elsmere may incur indebtedness by the issuance of bonds as aforesaid, the borrowing of money shall have been authorized by the Council and shall have been ap-proved in the following manner: The Council shall by resolution propose to the resi-dents of The Town of Elsmere the purpose or purposes for which the stated amount of money shall be borrowed. The resolution shall state the amount of money desired to be liorrowed, the purpose for which it is desired, the manner of securing the same, and all other pertinent facts relating to the loan, including data on total related debt and the debt limitations established by this Charter ; shall fix a time and place for hearing on the resolu-tion; and shall provide for publication of an announcement of the hearing in a newspaper of general circulation in New Castle County at least one week prior to the hearing date. A public hearing shall be held at which time all in-terested persons wishing to be heard shall be given an oppor-tunity to express their views. Their testimony shall be con-sidered in evidence by the Council. If Council desires to continue with the bond pro-ceedings, it shall then, by resolution, direct that the question 924 Chapter 428 be submitted to a referendum. An election shall be held not less than 30 days nor more than 60 days after the date of such resolution. The Council shall cause notice of the time and place for holding the said referendum to be printed in a newspaper of general circulation in New Castle County once each week for three successive weeks prior to the referendum. The Council shall cause to be prepared, printed, and made available for distribution a sufficient number of ballots not less than five days prior to the day of the referendum. At said referendum only qualified voters of the Town of Elsmere shall be entitled to vote. The Council shall, by resolution, make such further regulations for the conduct of the referendum as it deems appropriate. The officers of election shall count the votes for and against the proposed loan and shall announce the result thereof ; shall make a certificate under their hands of the number of votes cast for and against the proposed loan ; and shall deliver the same to the Council, which certificates shall be entered on the minutes of the Council, and the original shall be filed with the papers of the Council. Provided, however, that no bond issue shall be deemed approved unless two-thirds of .those voting at such referendum shall vote for such bond issue. The form of the bonds and certificates of indebtedness, the date of payment of interest, the classes, the dates of maturity, and the provisions pertaining to the registration shall be deter-mined by the Council. The bonds shall be sold to the highest bidder after at least one month's notice published at least twice in a newspaper of general circulation in New Castle County and at least once in a publication carrying municipal bond notices and devoted primarily to financial news. The Council shall pro-vide, in its budget, for revenues sufficient to pay the interest and principal on the said bonds or certificates of indebtedness at the maturity or maturities therefor. The faith and credit of the Town of Elsmere shall be deemed pledged .for the due payment of the principal and interest of general obligation bonds issued within the prescribed debt limitation when the same have been properly executed and delivered for value. Chapter 428 925 Section 34. BORROWING, FOR CURRENT EXPENSES Whenever the needs of the Town shall require more money than is, at the time, in the Town Treasury from current receipts, the Council shall be authorized and empowered to anticipate current revenue by borrowing such amounts as are needed. Pro-vided, however, that the amount of such indebtedness shall not at any time exceed the sum of Ten Thousand Dollars ($10,000.00). To exercise the power aforesaid the Council shall adopt a resolution to that effect. The indebtedness created under this provision shall be evidenced by notes of the Town, and the faith and credit of the Town shall be deemed to be pledged thereby. Such short term debt shall have a maturity of six months or less, and shall not be considered as part of the bonded debt of the Town when limitations under indebtedness as set forth else-where in this Charter, are computed. Section 35. VOTER QUALIFICATIONS Every person domiciled in the Town of Elsmere who shall have reached the required age to vote in State elections, who is a citizen of the United States and who has been domiciled in the State of Delaware for at least one year and in the Town of Elsmere for at least thirty (30) days preceding the election, and whose name is recorded in the registration books of the Town of Elsmere shall be entitled to vote at the biennial munici-pal elections, special elections, and referenda, except as other-wise provided in this Charter. The registration list of the New Castle County Department of Elections for each district in the Town of Elsmere shall be copied into the registration books of the Town of Elsmere after each General Election in New Castle County. The Council shall by ordinance provide for the supplemental registration of voters and shall prescribe procedures for the registration of voters in each of the respective districts, pro-vided, that there shall be at least two registration days in each election year, the last of which to be not more than 30 days 926 Chapter 428 prior to the election. The ordinance may provide for permanent registration lists. There need be no special registration for ref-erenda, and special elections, but the qualifications for voting at such shall be based upon the last previous registration. Section 36. NOMINATIONS All nominations shall be by petition. Each nominating pe-tition shall bear the names of ten qualified voters in the Town of Elsmere and petitions for candidates for Town Council shall each contain the signatures of ten qualified voters residing in the district from which the candidate seeks election. The nom-inating petition for each candidate must be filed with the Secre-tary at least 30 days before the municipal election is held and checked by him forthwith. The Secretary shall furnish each candidate with a voting list 15 or more days prior to said elec-tion. Section 37. ABSENTEE VOTING The Council may prescribe by ordinance in accordance with State Law absentee ballots for persons who may be absent from the Town during the time of an annual municipal election, spe-cial election or referendum or who because of sickness or be-cause of physical disability cannot appear at the polling place on the day of the holding of any biennial municipal election, special election or refendum. Section 38. ELECTIONS A regular municipal election shall be held on the last Saturday in June, 1955 or on the first Saturday which shall be more than 60 days after the enactment of this charter, which ever is later, and on the last Saturday of April in each second year thereafter. Council shall by ordinances set the hours dur-ing which the polls shall be open. The Council shall designate the place or places of election and make all necessary rules and regulations not inconsistent with this Charter nor with the general laws of the State of Delaware for the conduct of elec-tions, for the prevention of fraud in elections and for the recount of ballots in case of doubt or fraud. Chapter 428 927 At least ten days previous to such election, due notice thereof and of the time and place or places thereof shall be given by the Council. At all such elections the votes shall be received at each polling place by three qualified voters of said Town appointed by the Council from lists of five voters in each district supplied by each political party at any regular or special meeting thereof held in the month preceding said election. Not more than two of the election officers in any district shall be members of the same political party, and no political party shall have a majority of election officers in more than half of the election districts. One of the said persons for each polling place shall be designated as the inspector and the other two as judges of the election, and the three at each polling place shall be known as officers of election, and no such person shall be a candidate for office at any such election ; in addition to the election officers there shall be two clerks at each polling place, each of which shall represent one of the two political parties. The clerks shall be appointed by the Council from a list of three names from each district submitted by each political party. The result of the balloting at each polling place for said officers of said Town shall be ascertained by the said officers of election, who shall certify the said results under their hands to the Council. The Council may appoint clerks to assist the officers of election. In case of referenda or special elections, the same procedure shall be followed to the extent applicable as with respect to the regular elections and the penalty for fraud and misconduct shall be the same. Section 39. BALLOTS For the purpose of the regular Town elections a separate form of ballot shall be provided for each district, which ballot shall contain, in addition to the names of the candidates for the Town Council running in that district, the names of the candi-dates for those offices which are voted upon at large. The ballots provided for the purpose of the municipal election shall bear a party designation and shall contain a list of the candidates by party under the offices to which they seek election. Official bal-lots shall not be used as sample ballots but shall be used only at the election. The officers of the election shall not Supply any 928 Chapter 428 ballots to any person except one ballot to each voter, proper to his district, as he enters the polls to vote. In the event of spoilage of a ballot, the spoiled ballot must be returned by the voter to entitle him to a new ballot. No ballot other than those supplied by the officers of election shall be used at the municipal election and the ballots shall contain only the names of candidates duly nominated by petition as hereinbefore described. Council may by ordinance provide for the use of voting machines in municipal elections. Section 40. CONTRACTS All contracts of whatever character involving an expendi-ture above an amount determined by resolution of the Council shall be written and shall be let and made by the Council and shall be based on specifications provided by the appropriate person designated by the Council. Pending advertisements for bids, any plans, specifications, and profiles to be used in the proposed work or contract shall remain on file in the office of the Council and shall be subject to the inspection of any interested person. All contracts and purchase above an amount determined by resolution of the Council shall be entered into and made only after advertising not less than two times in a newspaper of general circulation in New Castle County, inviting competitive bids. Each such bid shall be sealed and filed with the person designated by the Council. All bids shall be opened in the presence of the Council or a duly authorized committee of the Council and shall remain on file. The Council shall consider all bids which have been proper.. ly filed and may enter into a contract with the party offering the lowest and/or best bid, or they may reject all bids and re-advertise for bids, or they may have the work done under the supervision of the proper department of the Town. The award-ing of a contract to the successful bidder shall give no right of action or claim against the Town upon such bid or contract until the same shall be reduced to writing and duly signed by the contracting parties. The Council shall have the power to require all bidders to post bonds to secure the performance of the contract and the payment of all claims for labor and material used in the work. Chapter 428 929 Section 41. FEES All fees and monies received by any officer or employee shall belong to the Town of Elsmere and shall be paid weekly to the Treasurer unless otherwise provided herein or by ordi-nance. Section 42. ASSESSMENT APPEALS On or before May 1 of each year the Assessor shall prepare and submit to the Council two or more copies of the assessment of all realty within the Town, showing the location of each parcel of real estate, by street and number or other suitable description. When Council approves the said assessment roll, it shall cause a full and complete transcript thereof, as pre-pared by the Assessor or as modified by Council to be made available within the Town on or before the second Monday in May at a place designated by the Council, there to remain for inspection by any property owner up to but not including the appeal day. Notice of the time and date for the hearing of appeals shall be advertised at least twice in a newspaper of general circulation in New Castle County. Such notice shall show the time and place where the asessment list may be viewed and the time and place of hearing appeals. On the fourth Monday of May the Council shall hold a Court of Appeals which shall continue open. from 7:00 o'clock p. m. to 10:00 o'clock p. m., during which time the Council shall hear and determine appeals from the said assessment and shall make such corrections and additions as may be deemed necessary and proper. If the said appeal day shall fall on a holi-day, the appeals shall be heard on the next business day. The decision of a majority of the Council shall be final and con-clusive in respect to all appeals. No member of Council shall sit on his own appeal, but the name shall be heard and determined by the other members of Council. After the said valuation and assessment shall be ex-amined and adjusted by the Council, all property taxes shall be levied on real property thus assessed in just and equal pro-portions. 930 Chapter 428 Section 43. COLLECTION OF TAXES AND SPECIAL ASSESSMENTS At the biennial organization meeting the Council sflall elect some suitable person Tax Collector of the Town to serve for the term of two years or until his successor is duly elected and qualified. On or before the first day of July of each year, the Council shall furnish the Tax Collector with a list containing the names of the owners of all real estate within the Town, and opposite the name of each description of the said real estate as the same appears on the assessment of the Town, together with the assessed valuation of each said parcel of real estate as finally determined by the Council. Said list shall also contain, with respect to each designation of property, where applicable, the amount or amounts of any special assessment or assess-ments levied as hereinafter provided. At the same time the Council shall furnish the Tax Collector with the rate of general taxation per One Hundred dollars ($100.00) of assessed valu-ation. The list shall be certified by the Town Secretary. All taxes shall be paid to the Tax Collector, subject to such dis-counts, penalties and interest as Council may direct. The Tax Collector on the first day of July shall proceed to collect the taxes, based upon said list, and in collecting the same shall have the same powers as are given by law to the Receiver of Taxes and County Treasurer of New Castle County. All taxes shall be due and payable on the first day of July of the year during which said taxes are levied. No legal proceedings shall be instituted for the collection of taxes until after the last day of February following the year after the year during which said taxes are levied ; provided that if any person or persons shall remove from said Town after the first day of August, his or their taxes shall Ircome immediately due and payable. The Tax Collector shall, before entering upon his duties, give bond to the Town of Elsmere with sufficient surety to be approved by the Council, in the penal sum of double the amount of what may be likely to come into his hands, conditioned for the faithful discharge of the duties of his office. The cost of said bond shall be paid by the Town. The said Tax Collector shall render an account and pay unto the Town Treasurer all money Chapter 428 931 in his hands upon the expiration of his term of office and at such other time or times as the Council may designate. The compensation of the Tax Collector shall be fixed by the Council. In the event that any Town taxes remain unpaid after the last day of February following the year after the year during which the said taxes were levied, the Town of Elsmere may file, or cause to be filed, a Praecipe in the office of the Prothono-tary of the Superior Court in New Castle County, which Prae-cipe shall contain the name of the person against whom the taxes or assessments sought to be collected were assessed, and a copy of the bills showing the amount of taxes or assessments clue and the property against which the assessment was laid ; and the statement of the lot number or numbers of the partic-ular section in which said property is located or the street num-ber or numbers shall be sufficient identification and description of said property. The Prothonotary shall make a record of same on the judgment records of said Superior Court against the property mentioned or described in said Praecipe. Thereafter upon a Praecipe for Monition filed in the office of said Pro-thonotary by the Town of Elsmere through any person author-ized on its behalf to collect taxes or assessments due to the Town of Elsmere, a Monition shall be issued by the Prothono-tary aforesaid to the Sheriff of New Castle County, which Monition shall briefly state the amount of the judgment for the taxes or assessments due and the years thereof, together with a brief description of the property upon which said taxes or assessments are a lien ; and a description of such property by street and number or by lot number or numbers of the particular section in which said property is located shall be a sufficient description. Said Monition shall be in substantially the follow-ing form: To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the taxes or assepments stated herein is paid within twenty days after the date hereof, or within such period of twenty days evidence of the payment of taxes herein claimed shall be filed in the office of the Prothonotary, which evidence shall be in the form of a receipted bill or dupli-cate thereof, bearing date prior to the filing of the lien in the Office of the Prothonotary for New Castle County, the Town of 932 Chapter 428 Elsmere may proceed to sell property herein mentioned or de-scribed for the purpose of collecting the judgment for the taxes or assessments herein stated : Name of Person in whose Description Year or Amount of name property is assessed of property years Judgment Said Monition, or copy thereof, shall be posted by the Sheriff upon some prominent place or part of the property against which said judgment for the taxes or assessments is a lien. The Sheriff shall make due and proper return of his pro-ceedings under said Monition to said Prothonotary within ten days after the posting of said copy of Monition as aforesaid. Alias or Pluries Monition may issue upon like Praecipe. The posting of said Monition shall constitute notice to the owner or owners and all persons having any interest in said property. At any time after the expiration of twenty days following the return of the Sheriff upon such Monition, unless before the expiration of said twenty days the said judgment and costs on said judgment shall be paid or evidence of the payment of such taxes evidenced by a receipted bill or a duplicate thereof bear-ing date therefor prior to the filing of said lien for record in the office of the Prothonotary as aforesaid, upon Praecipe filed by the Town of Elsmere, a writ of Venditioni Exponas shall issue out of the office of the said Prothonotary directed to the Sheriff commanding the Sheriff to sell the property mentioned or described in said writ and make due return of his proceed-ings thereunder in the same manner as is not applicable with respect to similar writs of Venditioni Exponas issued out of the said Superior Court. NEW CASTLE COUNTY SS. THE STATE OF DELAWARE TO THE SHERIFF. OF NEW CASTLE COUNTY GREETINGS WHEREAS, by a Monition issued out of the Superior Court, dated at Wilmington, the day of A D., 195 ... , IT WAS COMMANDED, that you should post the said Monition or copy thereof upon the real estate therein men- Chapter 428 933 tioned and described, and make a return to the said Superior Court within ten days after said posting. That on the day of A D., 195..., you returned that a copy of the said Monition was posted on the real estate therein men-tioned and described on the day of A. D., 195.... We therefore now command you to expose to public sale the real estate mentioned and described in said Monition as follows : And that you should cause to be made as well a certain debt of Dollars ($ ) lawful money of the United States, which to the said Town of Elsmere, a municipal corporation of the State of Delaware, is due and owing, as also the sum of Dollars ($ ) lawful money as aforesaid, for its costs, which it has sustained by the detaining of that debt, whereof the said was convicted as it appears of record and against which said prop-erty it is a lien ; And have you that money before the Judges of our Superior Court at Wilmington, on Monday the day of next, to render to the said Town of Elsmere, a municipal corporation as aforesaid, for its debt and costs as aforesaid, and this writ; WITNESSETH, the Honorable at Wilmington the day of A D., 195... Prothonotary Upon the return of the proceedings under said writ of Venditioni Exponas, the Superior Court may inquire into the regularity of the Proceedings thereunder, and either approve the sale or set it aside. Any real estate or interest therein sold under the provisions hereof shall vest in the purchaser all the right, title and interest of the person in whose name said property was assessed, and/or all right, title and interest of the person or persons who are the 934 Chapter 428 owner or owners thereof, and likewise freed and discharged from any dower or curtesy or statutory right, in the nature of a dower or curtesy, whether absolute or inchoate, in or to said real estate, and from all equity of redemption and liens and encumbrance held by persons and corporations against such property. The owner of any such real estate sold under the provisions of this Act or his legal representatives may redeem the same at any time within one year from the day said sale thereof is approved by the Court, by paying to the purchaser or his legal representatives, successors or assigns, the amount of the pur-chase price and fifteen per cent in addition thereto, together with all costs incurred in the cause ; or if the purchaser or his legal representatives, successors or assigns shall refuse to re-ceive the same, or do not reside or cannot be found within the Town of Elsmere, by paying said amount into said Court for the use of said purchaser, his legal representatives or assigns. In the event that the owner of said property or his legal representatives shall fail to redeem said property as herein pro-vided, the purchaser of said property or his legal representa-tives, successors or assigns may present a Petition to the Super-ior Court setting forth the appropriate facts in conformity with this Act and pray that the said Superior Court make an order directing the Sheriff, then in office, to execute, acknowledge and deliver a deed conveying the title to said property to the Peti-tioner; and thereupon the said Superior Court shall have power, after a hearing upon said Petition, to issue an order directing the Sheriff to execute, acknowledge and deliver a deed as prayed for in said Petition, and a description of said property by street number or by lot number or numbers of the particular section in which said property is located, together with a description of said property by metes and bounds. If the owner of any real estate sold under an order of sale or his legal representative shall redeem said real estate, he may prefer to said Superior Court a petition setting forth that fact and thereupon the said Superior Court, after hearing and de-termining that facts set forth in said petition, shall have power to cause to be entered upon the record of the Judgment, under which said real estate was sold, a memorandum that the real Chapter 428 935 estate described in the proceeding upon which said Judgment was entered has been redeemed and thereafter the said owner shall hold such redeemed real estate subject to the same liens, and in the same order of priority as they existed at the time of the sale thereof, excepting so far as the said liens have been discharged or reduced by the application of the proceeds by the said Sheriff from the said sale. No Monition proceedings shall be brought under this Act unless the tax or assessment sought to be collected hereunder shall at the time of the filing of said Petition in the Office of the Prothonotary be and constitute a lien on the property against which the tax or assessment was assessed or laid. All taxes for Town purposes which may hereafter be lawfully assessed on real estate in the Town of Elsmere shall constitute a prior lien thereon for a period of ten years from the first clay of July succeeding the assessment of said taxes, but if the said real estate remains the property of the person to whom it is assessed, the lien shall continue until the tax is collected, and may, with all incidental costs and expenses, be collected by sale thereof as hereinbefore provided. The said tax lien and costs and reas-onable counsel fees for the collection thereof shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility which the real estate may be charged with or liable to. The Town of Elsmere shall have the authority to authorize any person or persons to make a bid or bids at the sale of any real estate under the provisions of this Act and in the event that such person or persons is the highest and best bidder or bidders therefor the title thereto shall be taken in the name of the Town of Elsmere, a municipal corporation of the State of Delaware. The Town of Elsmere, by resolution duly adopted, is authorized and empowered to sell and convey any real estate purchased under the provisions of this Act. Whenever the Superior Court is mentioned in this Statute the same shall be held to embrace the Judges or any Judge there-of, and any act required or authorized to be done under this Act may be done by the said Superior Court or any Judge thereof in vacation thereof, as well as in term time. The fees and costs to be fixed in all Monition proceedings under this Act where not otherwise provided for, shall be as follows : . 936 Chapter 428 The following fees shall be charged by the Prothonotary: Filing Praecipe $1.10 Issuing Monition and copy 2.75 Issuing Alias or Pluries Monition and copy 2.75 Writ of Venditioni Exponas 2.25 Filing any Petition in Superior Court un-der this Act 1.00 Cost of paying money into Superior Court 1.00 Cost of paying money out of Superior Court for each check drawn 1.00 The following fees shall be charged by the Sheriff: Posting Monition $ .75 Posting each Alias or Pluries Monition or Copy thereof .75 All other charges not covered by this Act shall be the same as are now provided by law. The foregoing method for enforcing the collection of Town taxes shall not preclude the enforcement of payment thereof by appropriate civil suit against the person or persons person-ally liable for their payment by reason of said person or persons having been the owner of said real estate at the time when the said taxes became a lien. Section 44. ACQUISITIONS OF PROPERTY The Town of Elsmere is hereby authorized and empowered whenever it shall deem it necessary and expedient for any municipal purpose to obtain and acquire property either within the boundaries of said Town or outside said boundaries and to obtain legal title to said property by appropriate conveyances. Section 45. LEVYING OF SPECIAL ASSESSMENTS The Town of Elsmere is hereby authorized and empowered to levy and collect special assessments upon property in a limited and determinable area including such real estate as would be otherwise exempt from county and municipal assessment and taxation by virtue of any law of the State of Delaware, for Chapter 428 937 special benefits accruing to such property as a consequence pf any municipal public work or improvement ; and to provide for the payment of all or any part of the costs of the work, service or improvement out of the proceeds of said special assessments. Section 46. POWER OF THE TOWN OF ELSMERE OVER STREETS The Council shall have the power and authority to lay out, locate and open new streets and to widen or to alter existing streets or parts thereof and to vacate and abandon streets or parts thereof whenever they shall deem it for the best interests of the Town ; provided, however, that this power shall not be exercised with respect to property owned by the State of Dela-ware or any agency thereof without the approval of the State or State agency. In the event that condemnation of private property may be necessary in connection with the aforemen-tioned powers of the Town with respect to streets, the manner and procedure thereof shall be as set forth in Title 10, |
| Date Digital | 2010 |
| CONTENTdm file name | 3054.cpd |
Description
| Title | Laws of the State of Delaware - Volume 50 - Part 2 - Page 1 |
| Creator2 | Delaware General Assembly |
| Type | Text |
| Full Text | LAWS OF THE STATE OF DELAWARE ONE HUNDRED AND EIGHTEENTH SESSION OF THE GENERAL ASSEMBLY COMMENCED AND HELD AT DOVER On Tuesday, January 4, A. D. 1955 AND IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES OF AMERICA, THE ONE HUNDRED AND SEVENTY- NINTH VOLUME L Printed by Milford Chronicle Pubbaling Company Milford, Delaware PART II |
| CONTENTdm file name | 34959.pdfpage |
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