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OF CITIES AND TOWNS.

shall direct, and it is further provided that the said The Mayor and Council of the town of Delmar shall negotiate the sale and delivery of said bonds, and the money and proceeds of the sale of said bonds, shall be deposited with the Treasurer of said Corporation or with some one of the members of said Council whom The Mayor and Council of the town of Delmar shall designate to act as Mayor and Treasurer to be used for the purpose of carrying into designate : effect the provisions of this Act. The Mayor and Coun-handle money cil of the town of Delmar, may if it shall deem it :advisa- under this act ble, compel the Treasurer of said town or the member designated to act as such Treasurer, to enter into the bond with sufficient surety for such a sum as it shall To bond name, said bond to continue in force as long as said woney arising from the sale of said bonds or any portion thereof is in his control.

tax to interest

Section 3. That the Mayor and Council of the town of Tolexy a sper Delmar is hereby authorized and required to levy upon all assessable real estate and other property now subject to assessment by law in the town of Delmar, annnally, a special tax sufficient to pay all the interest accruing on said bonds, and all the expenses of properly keeping up and operating the said sewer system which the rents and revenues derived from the sewer system may be inadequate to meet; provided that this special tax shall not special cax exceed One Thousand Five Hundred Dollars ($1,500.00) in any one year.

principal

The said the Mayor and Council of the town of Del- Further special mar is further authorized and empowered at its discre- fund to pay tion to levy a further special tax upon all the assessable real estate and other property now subject to assessment by law in the town of Delmar, annually, for the purpose of establishing a sinking fund adequate to the redemption, at or before maturity, as prescribed in this Act of all the bonds which may be issued under the provisions

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tax

of this Act; provided that the amount to be raised for this purpose shall not exceed the sum of One Thousand Dollars ($1,000.00) in any one year. The special taxes

provided for in this Section shall be collected from the Method of col- owners of real estate and other property now subject to lecting special

assessment by law in the town of Delmar, in the same manner as the other taxes levied by the said the Mayor and Council of the town of Delmar are collected; to be

levied on the regular annual assessment of said town. Depository for The sinking fund provided for by this Act shall be de sinking fund

posited in any bank or trust company in Sussex County, or may be invested by the Mayor and Council of the town of Delmar, until such time as it may be needed for the redemption of the bonds, on such security as the Mayor and Council of the town of Delmar may approve of. The Treasurer of the town shall give additional bond, with sufficient surety, for such sum as the Mayor and Council of the town of Delmar may determine and approve.

Mayor and Council to construct and

Section 4. The said the Mayor and Council of the town

of Delmar are hereby authorized and empowered to do operate a sewer all things necessary for the location, construction, equip

ment and operation of said sewer system, for furnishing the said town of Delmar with an ample sewer system in the said town of Delmar and for furnishing the citizens of said town with a sewerage system for private use, and to effect this object shall have power to lay pipes under or along any of the streets, lanes or alleys of said town, or any road adjacent thereto as well as to improve said streets with said moneys; and also to contract and agree with the owner or owners for the occupation or purchase of any land or lands which may be necessary for the purpose of carrying into effect the provisions of this Act.

If the owner or owners of said land or lands or any of them, refuses to permit the Mayor and Council of the town of Delmar to enter upon and occupy said land or

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lands for the purpose aforesaid and if such owner or owners be unable or unwilling to contract and agree with the said Corporation upon the compensation to be made for any real or supposed injury that may be done to said lands by such entry and occupation, then the Mayor and Council of the town of Delmar shall have power and authority to go upon said land or lands, and they or a Assessment of majority of them after viewing the same may assess the Mayor and damages of said owner or owners fairly and impartially under all the circumstances, and certify their finding and award in writing to the said owner or owners of said land or lands, and if such owner or owners, be not resident within the said town to certify their finding and award to the holder or tenant of said real estate, but if there be no holder or tenant resident in said town, the said notice Notice of shall be affixed to the most conspicuous part of the premises, which shall be as effectual as personal service of the same. If any owner be dissatisfied with the amount of the compensation or damages allowed by the said the Mayor and Council of the town of Delmar as aforesaid, he or she may, within five days after such notice as aforesaid, appeal from the said assessment of compensation or damages by serving written notice to that effect on the Mayor or other presiding officer of the Council of Delmar. In order to prosecute said appeal, such owner or owners shall, within five days after the expiration of assessed the five days allowed for the appeal, and upon five days' notice to the said president or presiding officer of the said Council of Delmar, make written application to the Associate Judge of the Superior Court of this State, resident in Sussex County, for the appointment of a com- in Sussex counmission to hear and determine the matter in controver-Commission to sy, and thereupon the said Associate Judge shall issue a commission under his hand directed to five free-holders of the said County, three of whom shall be residents of the said town of Delmar and two of whom shall be non- Membership of residents of the said town, commanding them to assess

damages

assess damages

Commission

[graphic]

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the damages which the owner or owners of the said land or lands intended to be taken, occupied or used for the purpose of this Act as aforesaid, and who shall bave notified said Council of their intention to appeal may sustain or incur by reason of such use or occupancy and to make return of their proceedings to the said Associate Judge at the time therein appointed. The freehold ers named in such commission being first sworn or affirmed, as in said commission shall be directed, shall view the premises, and they or a majority of them shall assess the damages as aforesaid, and shall make return in writing of their proceedings, in the premises to the Associate Judge, who shall deliver said return to the said the Mayor and Council of the town of Delmar which shall be final and conclusive. The said Associate Judge shall have power to fill any vacancy in the commission.

Findings of
Commission

Tender of damages

The amount of damages being so ascertained, the said the Mayor and Council of the town of Delmar may pay or tender the same to the person or persons entitled thereto within one month after the same shall be finally ascer

tained, or if the person or persons so entitled reside out Damages when of or are absent from the said town during the said peresidents &c to riod of one month, then the same may be deposited to his be deposited

or her credit in any responsible bank or trust company in Sussex County within said time and thereupon said property or land may be taken or occupied for the use aforesaid. In the ascertainment of damages by the freeholders aforesaid, if the damages shall be increased the costs of the appeal shall be paid by the Treasurer of Delmar or by the Treasurer designated by the said The Mayor and Council of the town of Delmar, out of the money in his hands arising from the sale of said bonds, but if said damages shall not be increased the cost of the appeal shall be paid by the appellant. The fees of the freeholders shall be Two Dollars per day each, which shall be taxed as part of the costs. After the damages

Costs of the appeal

Fee

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Supervision

Council of

shall be fixed and ascertained by the freeholders aforesaid the said The Mayor and Council of the town of Delmar shall have the option to pay the damages assessed within the time aforesaid, and to proceed with the said improvements, or upon the payment of costs only may Town to have abandon their intention of taking and occupying said ing damages land or lands for the purpose aforesaid.

Section 5. The said Mayor and Council of the town of Delmar shall have the supervision and control of all pub- and control lic mains, pipes, sewers and drains within the limits of Mayor and the town of Delmar and may alter, repair or remove the Delmar over same, and may cause new mains and sewers to be made &c and opened. The said The Mayor and Council of the town of Delmar may cause such mains, pipes, sewers and drains to be laid in any of the said streets, lanes or alleys of the said town in such manner and of such material as they the said The Mayor and Council of the town of Delmar may deem proper. The said The Mayor and Council of the town of Delmar may, if it deems it advisable, make proper outlets for any of the sewer pipes to be laid in any of the streets, lanes or alleys, of the said town of Delmar and any outlets which they may deem advisable. The said the Mayor and Council of the town of Delmar shall make rules, regulating the tapping of public sewers by the owners of abutting lands and shall provide for the granting of permits for the same and for the payment of such tapping fees as the said Corporation shall deem proper, and they shall prescribe the material of all private drains or sewers which shall hereafter enter into any public sewer, and shall direct the manner in which they shall be laid.

Section 6. The said The Mayor and Council of the To engage an town of Delmar is hereby authorized to engage the services of a practical engineer and such agents and servants as it shall deem necessary for the work herein devolved upon them.

engineer &c

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