CHAP. XVII. 1799 which have been determined upon such enquiry as aforesaid by the said judge, together with reasonable costs, to be taxed by the said judge: provided always, that if the proceeds of such sale, as aforesaid, should not be sufficient to satisfy all such penalties and forfeitures incurred, sued for and determined, as aforesaid, then the said Sheriff or constable, shall apply the amount of the proceeds in his hands, after deducting in the first place such reasonable costs taxed as aforesaid, to the payment of such forfeitures or penalties in equal parts or proportions. And provided further, Surplus remainif there should be any surplus remaining in his hands ing in the offafter the payment of all the forfeitures and penalties be paid over to incurred, sued for and determined as aforesaid, then the said Sheriff or constable is hereby directed to pay the same to the owner, consignee, or other person having the charge or care of such ships or vessels, horses or carriages as aforesaid. the owner. months. SECT. 6. And be it further enacted, That all actions Action to be or prosecutions to be commenced against any master, brought in six captain, owner, or consignee of any ship or vessel, or other person by virtue of this act, or the act to which this is a supplement, shall be brought within six months next after the offence was committed. authorized to SECT. 7. And be it further enacted by the authority aforesaid, That the health officers aforesaid, and any Health officer health officer, that may have been, or shall be appoint- appoint depued, in any other part of this State, under and by virtue ties. of the act to which this is a supplement, shall be and are hereby respectively authorized and required to appoint by writing under their hands, a deputy or deputies to perform the duty of health officer, enjoined or directed by this act, or the act to which this is a supplement, in case of the sickness, absence from home, or inability on the part of such health officer to perform the said duties; and that the said health officer who may appoint a deputy or deputies as aforesaid, shall be responsible for any misconduct of the said deputy or deputies in the performance of the said duties. СНАР. 1799 All civil officers to aid in the execution of pow ers enjoined by this act. Penalties incur ed for in the name of the State. SECT. 8. And be it further enacted, That all civil officers of this government are hereby authorized and required, on request being made, to aid and assist in the execution of the powers and duties enjoined by this act, and the act to which this is a supplement, and if it be deemed necessary by the persons entrusted with the execution of the provisions of this act, or the act to which this is a supplement, they may command and have the aid and assistance of the posse comitatus, for the purpose. SECT. 9. And be it enacted, That all forfeitures and red, shall be su penalties, which may hereafter be incurred under, or by reason of this act, or the act to which this is a supplement, shall be sued for and recovered in the name of the State of Delaware, with costs of suit; if incurred at the borough of Wilmington or the town of New-Castle, by the physicians of those ports or places, respectively, appointed by virtue of the act to which this is a supplement, or by the burgesses of the borough of Wilmington, or by the commissioners of the town of New-Castle respectively; and if incurred in other parts or districts of the State, in which there is no such physician, by a trustee of the poor; and in all cases of suits for penalties under this act the parties sued shall give special bail as in other cases, in which special bail is by law requirable; and that of fines and pe- three fourths of the fines and penalties mentioned in this act, or the act to which this is a supplement, shall be for the use of the trustees of the poor for that county in which such suit shall be brought, for all or any of the said fines or penalties, and the other one fourth thereof, to the use of the physician, burgesses, commissioners or trustee of the poor, who are hereby empowered and directed to sue for the same. Appropriation nalties. Part of former act repealed. SECT. 10. And be it further enacted, That so much of the act, entitled, An act to prevent infectious diseas es being brought into this State and for other purposes, to which this is a supplement, as is hereby altered or amended, shall be and is hereby repealed and made null and void. CHAP. XVIII. An ACT for the better regulation of the Borough of Wilmington. 'HEREAS in and by an act of Assembly, CHAP. XVIII. w 1799 W passed the thirteenth day of June in the year Preamble. of our Lord, one Thousand seven hundred and seventy-two, entitled, An act for the better regulating the wharves, public streets, buildings, party walls, and partition-fences, in the borough of Wilmington, in the county of New-Castle, upon Delaware, and for raising money on the inhabitants of the said borough for the public use and benefit thereof, it is among other things enacted, that all the streets and squares of said borough, shall be and remain as they are now laid out and regulated, agreeable to a map or plan of said borough, made from an actual re-survey thereof, and signed by order of the burgesses and assistants of said borough, by John Stapler, Esq. Griffith Minshall and William Poole,gentlemen, which is hereto annexed: And whereas the said map or plan of the said borough of Wilmington, therein referred to, by some accident, hath been lost or destroyed, so that the same, by the most diligent search, cannot now be found or obtained; and as it is of great importance to the inhabitants of the said borough, that some certain map or plan should be established, to which they may have reference, in laying out, extending, and regulating the streets, lanes, and alleys of the said borough. And whereas a new map or plan of the said borough has been prepared, under the direction of the burgesses and assistants, and with the assent of the inhabitants of the said borough, in town-meeting expressed; which said map or plan is now produced, and from the best evidence that can be obtained, is conformable and agreeable to the said map or plan referred to, in the before recited act; therefore, SECTION 1. BE it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That the map or plan of the said borough of Wilmington, signed by order of the burgesses and The map of Wilmington signed by Joseph Warner Nichols. and Samuel С НА Р. 1799 to be deemed the true map of the borough. Before anystreet shall be opened, the owners of the ground shall be paid damages. assistants of the said borough, by Joseph Warner and Samuel Nichols, Esquires, the present burgesses, with the seal of the said corporation affixed, and which is hereto annexed, shall hereafter be deemed and taken to be, the true map, plan or ground plat of the said borough, and that all the streets and squares, lanes and alleys of the said borough, shall be and remain as they are now laid out by the said map or plan, with such extensions and alterations as may hereafter be made, in virtue and by the authority of the before recited act. And whereas, in and by the thirteenth section of the before recited act, it is further provided that before any of the said streets so extended or laid out, shall be opened, the owner or owners of the ground over which the same shall be laid, shall be paid or tendered the value of the said ground, to be ascertained in the manner therein directed: And whereas the value of the ground, through which a street is extended or laid out, is generally very much advanced, by opening a street through the same; it appears more just and equitable, that the owner or owners of such ground, should be compensated in damages according to the real injury they may sustain, rather than by receiving the value of the said ground. SECT. 2. Be it therefore further enacted, That from and after the passing of this act, before any of the said streets, so extended or laid out, by virtue of the said recited act, shall be opened, the owner or owners of the ground, over which the same shall be laid, shall be paid or tendered sucli damages as they shall respectively be entitled to have, to be adjudged of and determined by three impartial freeholders of the county in the same manner as is prescribed by the said recited act, for the ascertaining the value of such ground. And whereas the keeping of pumps and wells in good repair, will be of great use and service in extinguishing fires which may happen within the said borough, and many of the pumps and wells in the streets and alleys have been greatly neglected and suffered to lie long out of repair by their respective owners: СНА Р. XVIII. 1799 owners of SECT. 3. Be it therefore further enacted, That the corporation of the said borough are hereby further empowered, when they shall think proper to agree with the owner or owners of all or any of such pump or Corporation are pumps and wells, as are already fixed in the streets and empowered to alleys of the said borough, which pump or pumps and agree with the wells, after such agreement made with the owner or pumps, &c. owners thereof, shall forever after become the property of and belong to the said corporation; to be maintained and kept in repair at the public charge. And the said corporation are further empowered and directed, to To enquire into enquire into the condition, and take care of the repair take care of the of the several pumps and wells within the streets and repair of the alleys of the said borough; and if after due enquiry, pumps. it shall appear that any of the said pumps or wells have been out of repair for the space of three months Penalty on the next after notice thereof given, by one of the Bur- owners of pumps who neglect to gesses to the owner or owners of such pump or well, keep the same then and in such case, every such pump or pumps and well or wells shall forever after become and be the property of the said corporation, to be maintained and repaired at the public charge. SECT. 4. And be it further enacted, That it shall and may be lawful for the Burgesses and assistants of the said borough, and they are hereby authorized and required on complaint made, by any two or more inhabitants thereof, that any nuisance or nuisances have been erected or are continued within the said borough, which may prove injurious to the health of the inhabitants thereof, to view and examine the same; and if on such view and examination, it shall be adjudged by the said Burgesses and assistants, or a majority of them, that the matters and things so complained of are a nuisance or nuisances, whereby the health of the inhabitants of the said borough is or may be injured, then and in such case, it shall be lawful for the said burgesses, or either of them, and they are hereby required forthwith to issue a warrant under hand and seal, directed to any constable of the said borough, commanding him forthwith to notify the owner or occupier of the premises, whereon the same may be erected or continued, to abate and remove the same the condition, & Burgesses on of any nuisance,. are authorized complaint made to issue a warrant to Constable to notify owner thereof. |
