Term of present offi

cers.

When coun

cil may

OF CORPORATIONS.

SECTION 26. The present commissioners, treasurer, clerk and assessor, shall remain in office until the election next after the passage of this act, and until successors be duly chosen.

SECTION 27. It shall be lawful for the town council, upon cause sewers the application of the owners of the real estate on any street to be made. in said town, to cause a sewer or sewers to be made, and the

How costs shall be borne and collected.

Inconsistent provisions of

costs thereof shall be borne by the persons applying there.
for in front of or along whose lands the same may pass, in
proportion as the number of feet of the sewer in front of each
person's land bears to the whole length of the sewer. The
costs of such sewer shall be levied upon the respective owners
in the said proportions, and be collected as other town taxes.

SECTION 28. The act entitled "An act in relation to the
chap. 65, vol. town of Dover," passed at Dover, February 28, 1861, and the
12, and of all
amendments various amendments thereto, so far as the same are incon-
sistent with the provisions of this act, are hereby repealed.

thereto, repealed

Public act.

SECTION 29. This act shall be deemed and taken to be a public act, and shall be printed among the laws of this State. Passed at Dover, March 2, 1877.

Vol 6, 522. AN ACT to re-incorporate the town of St. George's, and for other purposes.
Vol. 12, 350.
Vol. 13, 183.

Preamble.

WHEREAS, The freeholders and other inhabitants of the town of St. George's, in the county of New Castle, have, by their memorial, represented that the charter and supplements thereto hath, from increased extent and population of the said town and from various other causes, been found incompetent to the good government and well being of the same, and, by their petition, prayed for redress in the premises.

Therefore, be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That from and after the organization of the

OF CORPORATIONS.

powers here

powers and authorities, herein specified, the powers, rights Corporate and privileges granted by, or arising from, the said charter and tofore exist supplements thereto, otherwise than hereinafter reserved, ing, to cease; shall cease and determine, and the said town of St. George's be governed as follows :

when.

cil appoint

dent.

SECTION 2. James Garman, D. B. Stewart, A. D. D. Tay- Town counlor, J. V. Clark, A. N. Sutton, [and] J. B How are hereby ed. appointed and constituted members of the town council, with Powers. authority to elect one of their number to be president of said Elect presitown council, and they, or any four of them, are hereby authorized to take with them a skillful surveyor and to make a Surveyor. survey of the said town, and to acertain, fix and establish the limits and boundaries of the same, and to lay out, open and Fix boundaregulate the streets, lanes and alleys, to make a map of the Open streets. survey containing the boundaries of the town and courses, widths and names of the streets, lanes and alleys now established, or to be made, and to be signed by the surveyor and said members of the council so officiating, and lodge the same in the recorder's office at New Castle, there to be recorded, Where reand the map or record thereof is made evidence.

1

ries of town.

Map.

corded; evi

dence

streets.

SECTION 3. The said council shall cause to be fixed posts Centreor stones in the earth, in the centre or middle of the streets, stones in respectively, where they intersect one another, which posts or stones, so set and fixed in the earth in the middle of the streets as aforesaid, as well as all such other posts and stones as shall hereafter, from time to time, be so set or fixed in the earth by the said town Council herein named or hereafter elected, shall, in all cases and in all courts of law within this government, be deemed, taken and allowed as landmarks, and if any person or persons shall, at any time hereafter, pluck up or remove Penalty for any of the said posts or stones, and shall be convicted thereof in samoving the court of general sessions of the peace for the said county aforesaid, he or they shall, severally, forfeit and pay the sum of fifty dollars, besides costs of prosecution to the use of the council and inhabitants of said town of St. George's.

SECTION 4. All white male citizens of the State of Dela- Citizenship. ware, of the age of twenty-one years and upwards, residing Qualifica-/ within the town assessed for, and having paid a town tax within, 3 months, shall be taken and deemed citizens thereof, and shall enjoy all the rights and privileges arising under this act, Privileges. provided, also, that those persons who are of the age of twen-Proviso. ty-one years, and not having arrived at the age of twenty-two, (22,) and are otherwise qualified voters for State officers,

Term of councilmen

OF CORPORATIONS.

shall also be entitled to all the privileges herein arising, nevertheless they may not have been assessed for and paid a

tax.

SECTION 5. The members of the town council appointed appointed by and named in section 2, of this act, shall hold and continue in

this act.

When and how their successors

office until the second Monday in May, in the year one thousand eight hundred and seventy-eight, provided, however, that their successors shall be elected on the first Monday shall be elec- that is to say, that on the first Monday in May, in the year ted; annually. one thousand eight hundred and seventy-eight, and annually thereafter in each and every year, the citizens as qualified in section 4, of this act, shall meet at the usual place of holding election, in the town of St. George's, and elect one person for president, and five persons for members of the town council, whose term of office shall begin on the second Monday of May in each and every year, and continue one year, or until their successors are elected, which election shall be conducted

Terms.

ted.

Notice.

Election duc. by three judges, or a majority of them who shall be appointed by the said town council, at least ten (10) days prior to the date of said election, and the said judges, so appointed, shall cause public notice to be posted in five of the most public places in said town, at least one week prior to the date of holding said election, and in case of neglect or refusal of said judges to serve or to open the said election on the day and at the hour herein appointed, then the president, or if he be absent, the citizens present may, immediately, appoint two or more discreet persons to be judges of said election, provided, that all elections shall be by ballot and shall open at two o'clock and close at five (5) o'clock in the afternoon of the same day.

Proviso.

Election hours.

SECTION 6. The judges of said election shall thereof immediately make two full and complete records or returns with a record of all the votes cast for each candidate, and after Certificates, having certified thereto, then, immediately, to transmit one of the said returns to the president of the town, who shall cause a record thereof to be made, and the other returns or record of election as above directed, shall be immediately transmitted to the persons who were elected for president and members of council at the said election. The president so deManner of clared elected, shall be qualified into office by any justice of qualifying the peace, for the county of New Castle, or by the president and council- then retiring, and when thus qualified he shall immediately summons the members of council chosen at the said election, to be and appear at a certain time and place therein mentioned, on or before the second Monday in May, as aforesaid, for the purpose of being qualified into office, and upon

OF CORPORATIONS.

failure thereof, severally, shall forfeit, and pay such fines and penalties as may be established by ordinance, and the said president or any justice of the peace shall administer the necessary oath or oaths, affirmation or affirmations, upon being requested thereunto by the said council, to any of the other officers of this corporation.

tive.

tricts; how.

Officers to

SECTION 7. The elective officers of this town, shall consist what of one president and five (5) members of council, two (2) of officers elecwhom, at least, shall always be chosen from that portion of To be selecsaid town being and situate on the south side of the Chesa- ted from dispeake and Delaware Canal, and a majority of the said officers, so to be annually elected, shall be freeholders within the limits Qualificaof the said town of St. George's. The appointed officers shall tions. consist of one assessor, one collector, one treasurer, and such be appointother officers as may be deemed necessary by the corporation, ed. to carry into effect the powers hereby granted, provided that Proviso, no person shall be capable of serving as president, member of council, town constable, treasurer, or assessor, who shall not, Further at the time of his election, be a citizen of this State, and a resi tions. dent of said town, as provided in section 4, of this act.

qualifica

SECTION 8. In the case of death, resignation or refusal to vacancies; act of the president, or any member of the council, the members how filled. of said council, who meet, shall have the right to appoint a suitable person, or, in their discretion, if deemed necessary, to order a special election to fill the vacancy, which election shall be conducted as provided in section 2, and the said town council shall, within thirty (30) days after being qualified into office, appoint all other officers herein authorized and provided for.

SECTION 9. The salaries, fees or emoluments of the officers Compensaof this corporation, shall be established by ordinance, provided, tion of no salary, fee or emolument of any officer shall be reduced or Proviso. augmented for and during the period for which he or they may Restrictions. have been elected or appointed, but no ordinance establishing the salaries, fees or emoluments of any elective officer shall, at any time, take place, previous to the annual election then next ensuing, unless it shall have been published with the yeas and nays thereon, at least two weeks before said election.

SECTION IO. Every officer elected under this act of incorporation, before he or they enter upon the duties of his or their Oath of office, shall take an oath or affirmation to support the constitution of the United States, and the constitution of the State of Delaware, and that he will perform the duties of his office

Failure to hold election no dissolution.

New election to be held.

Incorporation.

OF CORPORATIONS.

unto which he or they hath been elected, with fidelity, and to the best of their ability, without fear, favor, or hope of reward.

SECTION II. In case it should happen that the election day should pass over without an election being held, or in case of the omission of the execution of any duties herein delegated by this act, the powers of this corporation shall not cease, but the authority of each and every officer thereof shall continue unabridged and in full force until a new election can be legally held by a resolve of the council and notice as aforesaid, and the officers chosen thereat shall have been duly qualified as is herein required and directed.

Corporate name and powers.

SECTION 12. The said president and town council of the town of St. George's, and their successors forever hercafter, shall be one body politic and corporate, in deed and in law, by the name and style of "The President and Council of the Town of St. George's," and by that name shall be and are hereby made able and capable in law and in equity, to have, take,purchase, receive, possess, enjoy and retain to them and their successors, lands, tenements, hereditaments, goods, chattels and effects, of what kind, nature or quality soever, and the same to sell, grant, demise, aliene or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts of law or equity, or any other place whatever.

Meetings

SECTION 13. The council shall meet, at least, once in every of council: month, at such time and place as may be, from time to time,

when and where,

agreed upon. Special meetings may be called at any time by
the president, upon his own motion, or shall be called when-
ever three members may request or demand a meeting.

SECTION 14. The president and members of the town council shall constitute the legislative body for the said town of St. George's, and shall be denominated, when assembled, "The Town Council." The sittings of this council shall be public, unless deemed inexpedient for the public welfare. In the assembly, the president shall preside, or, in his absence, a president pro tempore shall be chosen by the members present for the time being, who shall maintain order subject to such rules and regulations as may be established by ordinances of the council. Four members shall constitute a quorum, to do all manner of business arising under this act; Provided, that no Ordinances, ordinance shall be passed by the council unless the same shall have the concurrence of a majority of all the members of the council, and have, at least, two readings at a previous stated