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Powers of and be impleaded in all courts of law and equity, to have
and use a common seal, and the same to alter and renew at pleasure, take, hold, grant, bargain, sell, lease, and convey lands, tenements, hereditaments, goods, chattels, rights, and
effects of any kind; to ordain and establish a constitution Constitution and by-laws and regulations not inconsistent with the constiand by-laws.
tution and laws of the United States or of this State, and generally to exercise and enjoy all the rights and privileges
incident to a corporation aggregate except banking powers. Business, SECTION 2. That the business of the said corporation
shall be conducted and managed by such officers and in such
manner as the constitution and by-laws may direct. Powers of SECTION 3. The power to revoke this act is hereby re
served to the Legislature.
Passed at Dover, March 18, 1891.
OF CAPE HENLOPEN CITY. AN ACT Incorporating the Rehoboth Beach Association. Whereas by amendments to the act incorporating the “Rehoboth Beach Camp Meeting Association" of the Methodist Episcopal Church, the Methodist Episcopal Church has practically abandoned control of said association, and it is now known as the Rehoboth Beach Association; and
Whereas the capital stock of said corporation was, by the provisions of said charter, to be sold at the sum of fifty dollars per share; and
Whereas no consideration was ever in fact paid for said stock, but that the said association sold some lots for the sum of fifty dollars each, and gave to the purchaser thereof a share of stock for each lot purchased, and sold other lots in said association for the same amount, and gave no shares of stock therewith, showing that the consideration was paid for the lots and the stock given away, thus violating their said charter; and
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Whereas by Section 8 of said act of incorporation the said association was authorized, for purposes of improvement and current expenses only, to levy and collect an annual tax on all the real estate within the corporation; and
Whereas they have refused and omitted to levy any tax on real estate belonging to and owned by said association, but have levied and collected all the money necessary to be raised wholly from the real estate already sold, thus making the lot owners pay for the improvement of land held by the association, and have taken the money thus collected and applied the same to the mortgage for purchase money originally given by said incorporators for said real estate, thus making the said lot owners bear the burden of said mortgage, and when the same is paid and satisfied the said real estate unsold will remain the property of the said association and under the control of the said stockholders, who never paid any consideration for said stock, or any tax on the unsold real estate, either for the purpose of improvement or otherwise, therefore
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch of the Legislature concurring therein):
SECTION 1. That Chapter 27, Volume 15 of the Laws of certain laws Delaware; Chapter 355, Volume 15 of the Laws of Delaware; repealed. Chapter 27 of Volume 16 of the Laws of Delaware; Chapter 351 of Volume 16 of the Laws of Delaware; Chapter 46 of Volume 17 of the Laws of Delaware, be and the same are hereby repealed, and declared null and void, and the following substituted in lieu thereof.
SECTION 2. That all the real estate lying and being situ- Change of ated within the limits of what was formerly “The Rehoboth name. Beach Association” (charter revoked), situated in Lewes and Rehoboth hundreds, Sussex county, and State of Delaware, shall be known as “Cape Henlopen City," and by that name shall hereafter be called and designated.
SECTION 3. That Charles R. Jefferis, William Bright, CommisJames E. Hooper, William H. Shock, H. C. McLear, John sioners. W. Hall, and Ê. J. Morris, be and the same are hereby appointed commissioners of said Cape Henlopen City for the period of one year, as hereinafter provided. That the said in commissioners hereby appointed, and their successors in tion.
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office, to be chosen as hereinafter mentioned, shall be a body politic and corporate, in fact and in law, by the name of
The Commissioners of Cape Henlopen City," and by that Powers and name may sue and be sued, implead and be impleaded, in all
courts of law and equity in this State and elsewhere, and shall have power to make and use a common seal and alter and renew the same at pleasure, and for the purposes of this act, as hereinafter set forth, to purchase, take, hold, receive, and enjoy any lands, tenements, or hereditaments, in fee simple or otherwise, and also goods, chattels, rights, and credits, and to alien, grant, and dispose of the same in such manner as they may deem expedient and proper for the purposes hereinafter expressed; and also to appoint such officers and agents as shall be deemed necessary or convenient for the management of the affairs of said city, and generally to do all such acts and things as are of or shall be necessary to carry into effect the provisions of this act, as are not contrary
to the laws or constitution of the United States or of this Delivery of State. Immediately after the organization of the commis
sioners, as is provided for in Section 6 of this act, all books, papers and effects which belonged to “The Rehoboth Beach Association" shall be at once delivered to the said commissioners or their proper agent by the officer or officers of the said “The Rehoboth Beach Association " having the same in his or their custody.
Proviso. Provided, That the provisions of this act shall not confer
any banking power, or confer any right, either by license or Intoxicating otherwise, for the sale of intoxicating liquors within the unlawful. limits of said Cape Henlopen City, but that the sale of such
intoxicating liquors by any person or in any manner whatsoPurpose of ever is hereby expressly declared to be unlawful. The pur
pose of the said incorporation is the providing and maintaining a permanent seaside resort, and to furnish the necessary and proper conveniences and attractions requisite to the suc. cess of the same.
SECTION 4. That the commissioners herein named shall Commis. continue in office until the third Saturday of July, A. D.
1891, and shall appoint from their number, or otherwise from the freeholders of said Cape Henlopen City, one treasurer,
who shall also be collector, and three auditors of accounts, to Election of serve until the said third Saturday of July, A. D. 1891, on
whiclı day, in that year, and on the same day in every year thereafter, there shall be held an election in said Cape HenOF CITIES AND TOWNS.
lopen City, at the usual place, between the hours of four o'clock and eight in the afternoon, for the election of seven commissioners, one treasurer, who shall also be collector, and who must be a citizen of Lewes and Rehoboth hundred, and three auditors of accounts. One of said commissioners Terms of shall be elected for the term of one year, three for two years, office. and three for three years.
The said treasurer and the said auditors shall be elected annually at the time and place aforesaid, at which annual election the number of commissioners necessary to fill the places of those whose term of office will expire shall also be elected. Any vacancy, or vacancies, in whatever office, or Vacancies. however occasioned, shall be filled by the said commissioners until the next annual election. All officers previously elected or appointed shall continue in office until his or their successor, or successors, are duly elected and qualified. All of Qualificasaid officers shall be freeholders in said Cape Henlopen City, officers. and all male freeholders therein shall be entitled to vote at any such election, and no person shall cast more than one vote at any one election. It shall be the duty of the said Notice of commissioners, at least five days before the day of holding any such election, to give public notice of the fact, by not less than five written or printed notices, posted in five or more of the most conspicuous places in said city, but failure to do so shall not prevent said election from being held, but shall render the commissioners then in office ineligible for reelection at the next election at which they would be voted for.
SECTION 5. The said election shall be conducted by the Election, by commissioner residing in Lewes and Rehoboth hundred and two of said holding over commissioners, if that number be present, to be selected by the said commissioners, but if one or more of said commissioners be not present, then the said commissioner shall choose from the freeholders of said city who are present, one or two, as the case may require.
The said persons so chosen shall be judges of said election, Judges of and shall decide the legality of the votes offered and all other matters of dispute. The said commissioner shall act as inspector of the election, and shall receive and deposit in a box provided for that purpose the votes cast at such election, and whenever the said judges are unable to agree concerning any matter in dispute the said commissioner shall decide the same.
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Canvassing When any such election shall be closed, the said officers tificates, etc. shall publicly ascertain the results of the same and certify
thereto on the book of the commissioners kept for that purpose; if the services of the commissioner cannot be procured, then the persons present and entitled to vote may proceed and
elect any freeholder of said city, who may be present, in his Qualifica- stead. At any such election every male who shall be a free
holder in said Cape Henlopen City above the age of twentyone years and shall have paid the tax last assessed to him, shall be entitled to vote; but all votes shall be offered in person. The officers holding any such election shall be sworn by the said commissioner and he by one of the two judges aforesaid to perform their said duties with fidelity, and shall each be entitled to receive the sum of one dollar out of the money in the treasury of said city.
se Henlopend the tax last as it be offered the
SECTION 6. The commissioners of Cape Henlopen City, at their first meeting after each election, shall choose a presi
dent and secretary from their number, who shall continue in Vacancies. office until their successors are duly elected; and if a vacancy
shall occur in either office from any cause whatsoever, the
said commissioners, at their next meeting thereafter, shall Duty of fill the same from their number as aforesaid. It shall be the
duty of the said president to preside at the meetings of the said commissioners and to have the general supervision of the affairs of said Cape Henlopen City and of the persons who may be employed by the said commissioners; to receive the complaints of nuisances and violation of laws and ordinances and present the same to the said commissioners at their next meeting for their action; he shall sign all warrants on the treasurer for the payment of any money, and shall perform such other duties as may be prescribed by any
ordinance or the by-laws adopted by said commissioners. Duty of Secretary.
The duties of the said secretary shall be such as are prescribed by the by-laws, but, in conjunction with the said treasurer, an annual report of the financial condition of said city shall be prepared, showing the receipts and expenditures, and submitted to the said commissioners, which said report shall be open to the inspection of any freeholder of said city.
SECTION 7. The said commissioners shall have authority to make such regulations and ordinances for the government of said city as they may deem proper and necessary, and to provide and establish the necessary sanitary measures for the health of the citizens and residents thereof; and may cause