OF CITIES AND TOWNS. Firing guns. amine any chimney, stove-pipe fixtures, or any other matter dangerous to the town, and if adjudged dangerous to require and compel it to be repaired or remedied; to prevent or remove nuisance therein; to prohibit the firing of guns or Nuisances. pistols, making of bonfires, or setting off of fire-works, or Bonfires, etc, any dangerous sport or practice, and to prevent or suppress any noisy or turbulent assembleges, within the town, of any persons. They shall have the power to prevent swine, Swine. horses, goats, and geese from running at large within the limits of said town. Section 4. That there shall be four stated meetings of Stated said commissioners in every year, namely: On the second meetings. When held. Saturday in April, July, October and January, at which Ordinances. meetings they may pass and adopt all such ordinances and Fines, etc. exceed $600 annually. Section 5. That the Commissioners, at the first stated Taxes not to meeting in every year, (shall) determine the amount of tax to be raised in said town for that year, not exceeding six hundred dollars exclusive of the dog tax; and the assessor shall, within one month after his election, make a true, just and impartial vaulation and assessment of all the real estate Assessment. and assessable personal property within said town, and also an assessment of all male citizens residing in said town, above the age of twenty-one years, as well as those owning real estate in said town as those not owning real estate in said town, also to ascertain the number of dogs in said town Assessment of and the owners or keepers of such dogs, assessing each dog to the owner or keeper thereof at fifty cents, and each female dog at one dollar, and each assessor shall forthwith, after such assessment, deliver to the commissioners for the time Copy of assessbeing a copy of such assessment, containing the names of all to Commis persons assessed, and the amount of their assessment, dis- sioners. tinguishing the real and personal assessment of each. When Dogs. ment delivered Notices. Appeals. May add to or lessen assessments. Duplicate of be delivered to Collector. OF CITIES AND TOWNS. the assessment is returned the commissioners shall give ten days' public notice of that fact, and they will sit together at a place and on a day to be by them designated, from one to four o'clock in the afternoon, to hear appeals from said. assessment; they shall have power at such times to add to or lessen any assessment, except that of dogs, which shall always be fifty cents to each owner and keeper of a dog or dogs for each and every dog so owned or kept, and one dollar for every female dog so owned or kept. When the appeal day assessment to has passed, the commissioners shall, without delay, cause the assessment list to be transcribed, and the copy to be delivered to a collector, appointed by the commissioners, who shall thereupon collect from each taxable person the amount of his tax, and pay over the whole amount (after deducting commissions and such delinquencies as shall be allowed by the commissioners) to the treasurer by the first day of October next after the receipt of his duplicate. The collector shall have the same power for the collection of said taxes as are conferred by law on the collectors of county taxes. The collector and treasurer shall each give bond to the commissioners in such penalty as the said commissioners may prescribe for the proper discharge of their duties. Duty of Powers of Bonds of Commissioners to use money of town. Section 6. That the Commissioners, or a majority of them shall have authority to use money in the treasury of the town for the general improvement, benefit and ornament of the said town, as they or a majority of them may deem advisable, but they shall not have the power to borrow money on the credit of the town, and no money shall be paid out by the treasurer, except on the written order of the commissioners. pay out money. Or a majority of them. No power to borrow. Treasurer to Road Commissioners to appropriate $300 of town. Section 7. That the county treasurer and receiver of taxes of New Castle County is hereby authorized, directed for the streets and required to pay to the "Commissioners of Odessa" a sum not less than three hundred dollars (as provided by Chapter 279, Volume 21, Laws of Delaware) to be by them expended in repairing and maintaining in proper order, the roads, streets and bridges within the limits of said town. And the said town commissioners of Odessa shall have the sole supervision of said roads, streets and bridges; provided always, that the said town commissioners of Odessa shall in no case be required to repair or keep in order any roads, highways, or Town Commissioners sole control of streets, etc. Proviso. OF CITIES AND TOWNS. bridges subject to be supported by the County of New Castle. may direct may lay pave paid. Section 8. That upon the petition of seven or more Commissioners freeholders of said town, praying that any street or portion paving done, thereof in said town shall be paved, the commissioners, or a when. majority of them, be and they are hereby required to direct, in writing, the owner or owners of every house or land in Odessa, along the street or portion thereof mentioned in said petition, to make and lay such pavement of bricks or smooth stone, of such width as may be specified in said petition, and if such owner or owners, proprietor or proprietors, shall neglect or refuse, after the space of ninety days, after be- Commissioners ing directed as aforesaid, to lay such pavement with good and ment, when. sufficient curb or curbs, it shall and may be lawful for the said commissioners, and they or a majority of them are authorized and directed to make or cause to be made such pavements or curbs, or both, and to recover the costs of Cost, by whom making and doing the same, by the distress and sale of any of the goods and chattels, lands and tenements belonging to such owner or owners, proprietor or proprietors, within the limits aforesaid: Provided always, that such lands and Proviso. tenements shall not be sold absolutely, but only for such term of years, as will be sufficient to pay for said pavements, etc., with all costs, and provided that no person shall be com- Proviso. pelled to lay a pavement exceeding four feet in width. If any pavements, sidewalks, ornamental or shade trees, or curbs, Re-pavement already made and planted, shall at any time by said commis- may be directsioners, or a majority of them, be deemed insufficient, they, or a majority of them, shall have the power and they are hereby required to direct, in writing, the owner or owners, proprietor or proprietors thereof, to make good and sufficient. the same, and upon neglect or refusal so to do for sixty days, Commissioners the said commissioners, or a majority of them, shall cause the when. same to be done, and they shall recover the costs and expenses incurred therefor in the same manner as above provided in cases of new pavements, curbs, etc., etc.; Notice to Notice, what one co-tenant or co-proprietor shall be notice to all, and in case no owner or proprietor shall reside in town, notice to the agent or tenant shall be deemed notice sufficient to such owner or proprietor. The said commissioners, or a majority Sidewalks to of them, may cause such sidewalks or such portions thereof, with gravel, remaining unpaved, to be covered with gravel, sand, or dirt, ed, when. may repave, sufficient. be covered when. Flagstones at crossings. Riots. Powers of Constable to arrest. Fine and penalty. Fees. Commitment. Officers refusing to act demeanor. OF CITIES AND TOWNS. if they deem proper, and shall cause them to be put and kept in good order for the convenience of the citizens of the said town. They may cause flagstones to be put down at the crossings of the streets wherever they may think needful, the cost of which shall be defrayed out of the funds of the town. Section 9. That it shall be the duty of the commissioners of Odessa, and of any justice of the peace and constable residing in said town, to suppress all riotous, turbulent or noisy assemblages or gatherings of persons, in the streets, lanes, or alleys of said town, after night, or at any other time, place, or season whatever, and for this purpose it shall be the duty of said constable, upon the requisition of any two of said commissioners, and without further warrant, forthwith to seize and arrest any such person or persons so offending, and arraign him, her or them before the alderman, or any justice of the peace residing in said town, and upon conviction before such alderman or justice (whose duty it shall be to hear and determine the case) shall be sentenced to pay a fine not exceeding ten dollars and costs, and such person or persons shall be deprived of holding any office of trust or profit, or of voting at any election provided for in this act and until such fines and costs be fully paid. Upon every conviction under this section, the alderman, or justice and constables, shall each be entitled to a fee of one dollar to be paid by the person convicted, and such person, in the discretion of said alderman or justice, may be committed to the common jail of New Castle County for a time not longer than sixty days. Section 10. That if the said alderman, or any justice of the declared a mis- peace or constable in said town, shall neglect or refuse, after acceptance of the case, charge, or trust, to do and perform any duty enjoined on him or them by this act faithfully and diligently, he or they shall be deemed guilty of a misdemeanor in office, whereupon it shall be the duty of the commissioners, or of any one of them, the assessor, or treasurer, to present Presentment to him or them to the Grand Jury, and upon conviction he or Grand Jury. they shall, in addition to the punishment which may be imposed by the court, forfeit his office and pay a fine of twenty dollars to the town treasurer for the use of the town. Such fine and all others that may be imposed under this act, may be How collected. collected before any justice of the peace in New Castle Forfeiture of office. Fine. OF CITIES AND TOWNS. County as debts of like amounts are by law collected with costs. officers in re recovered. Section II. That if any commissioner, or assessor, or Liability of treasurer, after having become qualified as such, shall neglect fusing to act. or refuse to perform the duties of such commissioner, assessor, or treasurer, and willfully absent himself without the consent of said board first had and obtained, he shall Fine, how forfeit and pay, for the use of said town, the sum of ten dollars, and the same shall be recovered before any justice. of the said town, with costs; fee to justice and constable shall Fees of officers. be the same as under Section 9 of this act. Any commis- Vacancy. sioner, assessor, or treasurer, failing or neglecting to become qualified for the duties of his office on or before the first annual meeting (second Saturday in April), shall be passed by and his election declared void. And the said board shall How filled. appoint a suitable freeholder in said town who will serve and become qualified. The doings and acts of the board of commissioners under this section shall, as to resignations Board. and supplying vacancies, be entered upon the book provided for such proceedings. Minutes of Constable. Section 12. That the alderman, at the request of the special commisioners, shall appoint a special constable to execute any of the duties required to be performed by the town constable, (he shall act in the discharge of such duties under a Penalty for repenalty of five dollars). The constable resident in said town fusing to act. shall be the town constable, who, with special constables, Constable. (not exceeding six in number, as may be named and appointed by the commissioners), shall constitute the police force of Police force. said town. Section 13. That this act shall be deemed and taken to be a public act, and shall be printed among the laws of this State. Town Approved, April 3, A. D. 1905. |