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Tag for collar of regis

OF CITIES AND TOWNS.

tration fee of one dollar for each male dog and two dollars for each female dog.

The Alderman shall furnish for each dog so registered and tered dogs. on which the said tax or fee has been paid, an oval brass tag of not less than one inch in width and one and one-half inches in length, with a number stamped thereon, which said tag shall be worn on a strap around the neck of said dog so registered.

Furnishing of tags.

tags.

The brass tags above mentioned shall be annually furnished to the said Alderman by the secretary of the Town Council, the cost of which tags shall not exceed ten cents each, to be Catching of paid for out of the moneys so collected as dog tax. All dogs, dogs without male or female, found running at large within the corporate limits of said town after the said first day of July, not wearing the brass tag as hereinbefore provided, shall be caught or taken up by a suitable person who shall be appointed for that purpose by the Town Council at its first meeting after organization in each year; said dogs after being caught or taken up shall be kept in some suitable place to be provided by the said Town Council for the period of two days, during which time any owner or owners can redeem said dog or dogs by having the same registered, as heretofore provided, and paying to the said Alderman, in addition to the tax or fee so paid, all expenses of taking and keeping said dog or dogs; if such Failure to dogs so caught and kept are not redeemed within the specified time, it shall be lawful for the official so catching and keeping such dogs to sell them at a price not less than the cost of registration and the expenses of taking and keeping same, or, upon inability to sell same, to kill or destroy them.

redeem.

Killing of dogs.

Money to be expended to carry this

law into effect.

Book of registration.

Commission

for collecting dog tax.

The Town Council are hereby authorized to expend any sum of money not exceeding the revenue derived from the registration of dogs for the purpose of carrying this law into effect, fixing the compensation of the said official for catching and keeping the dogs as aforesaid and any other expenses necessary for the proper execution of this law.

The said Alderman shall keep a suitable book for such registration, and shall make settlement with the Town Council whenever called upon to do so.

He shall be allowed ten per cent. on all moneys so received by him as dog tax, and shall pay over the remainder to the treasurer of the said town, taking his receipt for same.

OF CITIES AND TOWNS.

If there should remain any surplus of dog tax so collected after the expenses hereinbefore in this amendment provided for shall have been paid, it shall be applicable in like manner as other taxes.

On the second day of July, A. D. 1892, and on the second List of day of July in each and every year thereafter, or as near that taxables, etc date as possible, the Alderman shall furnish to the collector of town taxes a complete list of the persons having paid taxes the year preceding, with number of tag so paid for, who have not re-registered their dogs and paid the taxes for the current year, and if such persons refuse to pay the tax within ten days said dogs shall be caught or taken up and kept or redeemed, killed or destroyed, as hereinbefore provided.

act takes

SECTION 2. This act shall take effect on the tenth day of When this May, A. D. 1891, and shall be deemed and taken to be a effect. public act and shall be published as such.

Passed at Dover, April 9, 1891.

CHAPTER 235.

OF LEWES.

AN ACT relating to the Town of Lewes.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch of the Legislature concurring therein):

Volume 14,

SECTION I. That Section 1 of Chapter 114, Volume 14 Section 1, of the Laws of Delaware, as amended by Chapter 535, and Chapter 114, with said amendment published in Chapter 536, of said Vol- amended." ume 14 of Delaware Laws, be and the same is hereby amended by striking out all after the enacting clause down to the word "the" in line 13 of said section, and inserting in lieu thereof as follows: "That an election shall be held Election of in Lewes, Sussex county, at the usual place of voting at the sioners, general election, on the first Saturday of January in the year of our Lord one thousand eight hundred and ninety-two, and on the first Saturday of January in every third year there

Commis

when held.

Said section

further amended.

Annual elec

tions, who to

OF CITIES AND TOWNS.

after, for the purpose of electing four commissioners of said town, who shall serve for a term of three years, and until their successors are chosen. One of said commissioners shall be chosen by the qualified voters of each of the school districts embraced in the said town, who shall, at the time of his election, be a resident of the school district from which he is chosen."

Section 1, aforesaid, shall be further amended by striking out, in lines 43 and 44 of said section, the words "one year

or.

SECTION 2. That at the election to be held on the first be elected. Saturday of January, A. D. 1892, and on the first Saturday in January in each and every year thereafter, there shall be elected a mayor of said town of Lewes, and also a treasurer, assessor and three auditors, who shall be residents of said town, and elected by the qualified voters of the town, who shall hold their respective offices for one year.

Mayor to be
member of
Board of
Commis-

sioners.

Section 2,

Chapter 184,

amended

The mayor shall be ex officio a member of the board of commissioners and the chairman of said board, and shall have all the powers and perform all the duties conferred and imposed by Section 4 of Chapter 536 aforesaid upon the chairman of the town commissioners, and be subject to the same penalties to which the chairman of the town commissioners is subject, as provided in Section 4 of said Chapter 536 aforesaid.

SECTION 3. That Section 2 of Chapter 184, Volume 17 Volume 17, of the Laws of Delaware, be and the same is hereby amended by striking out the word "commissioners," in lines 9 and 10 of said section and inserting in lieu thereof the word "mayor."

Shelling of

streets.

SECTION 4. The commissioners shall have authority, and they are hereby directed and required to expend annually the sum of four hundred dollars in the application of shells to the principal streets of the town until all of said principal streets shall have been so improved.

Passed at Dover, April 21, 1891.

OF CITIES AND TOWNS.

CHAPTER 236.

OF KENTON.

AN ACT to amend the act entitled "An act to incorporate the Town of Kenton," passed at Dover, April 22, 1887.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch therein concurring):

porate town

sioners to

streets and

Form of

SECTION I. That Section 1 of the act entitled "An act to Act to incorincorporate the town of Kenton," passed at Dover, April 22, of Kenton A. D. 1887, be and the same is hereby amended by adding amended. the following thereto: "That the commissioners shall also commishave power to locate and lay out any new street, lane, or locate and alley, and to straighten or widen any street, lane, or alley lay out new now open, and after they shall have determined to locate or alleys. lay out any new street, lane, or alley, or to widen or straighten any street, lane, or alley now open, it shall be their duty, immediately after the survey thereof, to notify the Notice. owner or owners of the lands through or over which said street, lane, or alley is to go or extend of their determination so to do, and stating the amount of damage or compensation allowed to said owner or owners. The notice shall be in writing, giving a general description of the location of notice. said street, lane, or alley. Should such owner or owners not How given. be residents of said town, the notice shall be given to the tenant, and if there should be no tenant, then the said notice may be posted up on any part of such premises; and if any owner or owners shall be dissatisfied with the amount of the Damages. damages or compensation allowed by said commissioners, he, she, or they may, within ten days after said notice is received, appeal from the assessment of damage or compensa- Appeal. tion aforesaid by serving on the president of said commissioners a written notice to that effect. And said owner or owners shall, within ten days after the expiration of the ten Commisdays allowed for appealing, and upon ten days notice to the hear appeal. president aforesaid, make written application to the associate judge of the Superior Court, resident of Kent county, for the appointment of commissioners to hear and determine the matter in controversy, and thereupon the associate judge

sioners to

Oath of Commissioners.

OF CITIES AND TOWNS.

aforesaid shall issue a commission under his hand, directed to five freeholders of said county, two of whom shall be residents of said town, commanding them to assess the damages which the owner or owners of the said lands through or over which the said street, lane, or alley is to pass or extend. The freeholders named in said commission, being sworn or affirmed, shall go upon and view the premises, and they, or a majority of them, shall assess the damages and make return in writing of their proceedings in the premises to the said associate judge, who shall deliver the said return to the commissioners of said town, which return shall be final and Vacancies in conclusive. Any vacancy in the commission may be filled Payment of by the associate judge aforesaid. The amount of damages damages. so ascertained shall be paid or tendered to the person or per

Return.

Commission

Cost of appeal.

sons entitled thereto by the treasurer of said town within one month after the same shall have been so ascertained. If the person or persons so entitled reside out of or are absent from the town during said period of one month, then the said money shall be deposited to his, her, or their credit in the Fruit Growers' National Bank of Smyrna, and thereupon the said land may be taken and occupied for the uses aforesaid. In the assessment of damages by the freeholders appointed as aforesaid, when the damages shall be increased, the costs of the appeal shall be paid by the treasurer of said town, but if said damages shall not be increased the cost of the appeal shall be paid by the party or parties appealing. Compensa. The compensation to the said freeholders for their services missioners. shall be two dollars per day, which shall be taxed as part of the cost. After the damages shall have been ascertained and fixed as aforesaid, the said commissioners 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 abandon the proposed improvements.

Section 4 amended.

Dog tax.

SECTION 2. That Section 4 of said act be and the same is hereby amended by striking out the word "one" between the words "exceeding" and "hundred" and inserting in lieu thereof the word "two."

SECTION 3. That Section That Section 4 of said act be and the same is hereby further amended by adding the following thereto: "It shall be the duty of the collector or collectors of said town in each year to collect from the owner of each and every dog within the limits of said town a tax of one dollar for each

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