OF CITIES AND TOWNS. thority aforesaid, That the said lot of land last described, and all the immunities, advantages, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the remainder and remainders, reversion and reversions thereof, shall, from and immediately after the passing of this act, be settled upon and vested in David Finney, John Thompson, George Read, Thomas M'Kean and George Monro, gentlemen, and the survivors and survivor of them, and the heirs and assigns of such survivor, in trust nevertheless for the erecting a School houses school-house or school-houses thereon, and to be for that use forever. Preamble Third lot boundaries of Sect. 3. And whereas another lot of ground situate also in the Market-square, in the town of New-Castle, whereon Immanuel Church stands, and the grave yard or burying ground of the said church is laid out, bounded as follows, to wit, Beginning at a corner stake of the Location and herein before described school-house lot, being also the third lot of land north-west corner of the grave yard or burying ground belonging to Immanuel Church aforesaid, on the southwest side of Mary-street, and running thence south forty-five degrees west ten perches along the line of the said school-house lot to another stake set for a corner; thence south forty-six degrees east ten perches and eight tenths of a perch to a post in the Market-square; thence north forty-seven degrees east ten perches to Mary street aforesaid; and thence along said Mary-street north forty-six degrees thirty minutes west to the place of beginning, hath been and is now set apart and appropriated to and for the use of the members of the Episcopal Church of England, residing and dwelling in and about the said town of New-Castle, who being desirous that the same should be forever hereafter confirmed to and for the uses aforesaid. Sect. 4. Be it enacted by the authority aforesaid, That OF CITIES AND TOWNS. the legal estate and inheritance of and in the said church, burying ground and last described lot, with the appurteances thereto belonging, shall be and is hereby declared to be from henceforth vested in the reverend Æneas Ross, Richard M'William and Joseph Tatlow, and the survivors and survivor of them, and the heirs of the survivor forever, in trust nevertheless, to and for the use, benefit and behoof of the members of the Episcopal Church of England, residing and hereafter to reside in and about the said town of New-Castle, as a place of worship and burial-ground forever, and to no other use, intent or purpose whatsoever. Sect. 5. And whereas the remaining part of the aforesaid Market-square hath at all times been considered, taken and held as ground belonging to the inhabitants of the said town of New-Castle for holding of fairs, markets and other public uses, and a market house hath accordingly been erected thereon at the charge of the said inhabitants; be it enacted by the authority aforesaid, That from and after the passing of this act, the residue or remaining part of the said Market-square, not herein before settled on Trustees, and all the immunities, improvements, advantages, hereditaments and appurtenances to the same belonging or in anywise appertaining, and the remainder and remainders, reversion and reversions thereof, shall.be settled upon and vested in David Finny, John Thompson, George Read, Thomas M'Kean and George Monro, gentlemen, and the survivors and survivor of them, and the heirs and and assigns of such survivor, in trust nevertheless for the use of the inhabitants of the said town of New-Castle forever. Sect. 6. And be it further enacted by the authority aforesaid, That this act shall be deemed, adjudged and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices and other per 1 George Gray Rodney to execute a Deed OF CITIES AND TOWNS. sons whatsoever, without specially pleading the same. And Whereas, That Thomas McKean, surviving Trustee, conveyed the said lot, etc. under the same trusts to James Rogers and others by Deed dated August 19, 1809, and recorded in the office for recording Deeds in New Castle County in Deed Record F, Volume 5, Page 108; And Whereas, That James Rogers, surviving Trustee, conveyed the said lot, etc. to John Janvier and others in trust by Deed dated March 13, 1851, and recorded in the office for recording Deeds in New Castle County in Deed Record G, Vol. 6, Page 317; And Whereas, That John Janvier, surviving Trustee, conveyed the said lot, etc. to George Gray, John H. Rodney, Richard G. Cooper, Joseph H. Rogers and Julian D. Janvier by Deed dated April 30, 1877, and recorded in the office for recording Deeds in and for New Castle County in Deed Record W, Vol. 10, Page 385; And Whereas, That of these last named Trustees George Gray and John H. Rodney alone survive; therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Section 1. That George Gray and John H. Rodney, and John H. Surviving Trustees, as recited in the preamble of this Act, be and they are hereby authorized and directed to execute a Deed for the lot recited in the preamble of this Act to certain Trustees and their successors elected under the provisions of Chapter 191, Volume 24, Laws of Delaware, the present Trustees being the following: John H. Rodney, William Deakyne, Harry G.Cavenaugh, William J. Ferris and James G. Shaw. New Commission Approved March 31, A. D. 1913. OF CITIES AND TOWNS. CHAPTER 220. OF. CITIES AND TOWNS. *AN ACT, entitled "An Act Authorizing the Construction of a System of Sewers and Disposal Works in and for the Town of Newark, Delaware." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch thereof concurring therein): sewer system Section 1. That the Council of "the Council of New-To construct ark" by and through the agency of the Sewer Commis- in Newark sion hereby created, constituted and appointed, and their Successors in office, be, and it is hereby authorized and empowered to construct and operate a system of sewers for, and works for disposing of the sewage of, the Town of Newark, Delaware, under the following conditions: Sewer Section 2. That Samuel J. Wright, Henry G. M. Kol- Commisssion lock and Joseph H. Hossinger, all of the Town of New- named ark, New Castle County and State of Delaware, be, and they are hereby appointed and constituted a Sewer Commission for the Town of Newark, aforesaid, with full power and authority to do and perform any and all of the things herein provided, and such other things as are incident thereto, or necessary to carry out fully the purposes and intents of this Act. The members of said Sewer Commission shall hold office for five years from and after the passage of this Act, and shall serve without compensation, except that all reasonable bills in- satfon curred by any member of said Commission in connection with the work authorized by this Act, shall be paid to him from the sewer fund hereinafter created. *Printed as in original bill. Term of office No compen Vacancies To own real estate To make affidavit Form of affidavit Organization Quorum Secretary Treasurer OF CITIES AND TOWNS. Section 3. In case of the resignation or death of any member of the Sewer Commission, the other two members shall as soon thereafter as convenient, elect a proper person to fill the unexpired term of such member. Said member shall be elected from the District of said Town in which said member so resigning or dying resided, and shall be the owner of real estate in said Town, having an assessed value of not less than Two Thousand Dollars. Section 4. Each member of said Commission shall, before entering upon the duties of this office, make an affidavit or affirmation before the Alderman of said Town of Newark, and file the same with the Secretary of the Council of the Council of Newark," that he will perform his duties as a member of the Sewer Commission with fidelity, and that he will not be concerned or interested either directly or indirectly in any contract entered into under the provisions of this Act. Within thirty days. after the passage of this Act the members of said Sewer Commission hereby appointed shall meet and organize by electing one of its members as Chairman, and such member shall, when present, preside at all the meetings of such Commission. Two members shall comprise a quorum and all official acts of the Commission shall be performed at a regularly stated, or at a specially called meeting, and shall be sanctioned by a vote of at least two members thereof. The Secretary of Council of "the Council of Newark" shall act as Secretary of the Sewer Commission, and shall attend its meetings, keeping the minutes thereof and a full and complete statement of all its receipts and expenditures. The Treasurer of "the Council of Newark" shall act as Treasurer of said Commission, shall meet with it when requested, and shall be the custodian of all the funds received for or on account of the construction of the work authorized by this Act, or from the assessments received by reason of such construction, and no monies shall be paid out by authority |