CHAP. 1799 Penalty for his neglecting to remove the same. Burgesseson the application of five freeholders, are authorized to cause the footters to be paved ways and gut Provided the same be built on. within five days after such notice; and if the said owner or occupier shall not remove the same within the said time, then it shall and may be lawful for the said Burgesses, or either of them, to issue a warrant under hand and seal, directed to any constable of the borough, commanding him forthwith to abate and remove the same nuisance or nuisances, whereupon the constable, to whom the said warrant may be delivered, shall forthwith proceed to abate and remove the same, and the costs and charges of such abatement and removal, shall be ascertained, determined, and adjudged by the said burgesses and assistants, or a majority of them, and shall be levied and recovered from the said owner or occupier, by distress and sale of his or her goods and chattels, by warrant under hand and seal to be issued by the said burgesses, or either of them. SECT. 5. And be it further enacted, That from and after the passing of this act, it shall and may be lawful for the burgesses and assistants of the said borough, and they are hereby authorized and empowered, when in their discretion, they shall deem it proper and right so to do, from time to time, on the application of any five resident freeholders of the said borough, to issue their precept to any suitable person or persons, authorizing him or them to cause the footways and gutters, of any street, lane, or alley of the said borough, as applied for, to be paved with bricks or stones, as the case may require, and to fix plank or curb stones, to prevent the same from being injured by carriages, agreeably to the true regulations of the streets, lanes and alleys of the said borough. Provided always, That the greater part of the space required to be paved, shall be built upon and improved: And provided also, That all and every owner or owners shall have the privilege of paving their own Owners allowed fronts as aforesaid, so that they have it completed to pave their own fronts, within two months after notice. Width of the pavements. within two months after notice given by the person or persons authorized to pave as aforesaid, by writing under his or their hands: And provided further, That no person or persons shall be obliged to pave any footway to a greater breadth than four feet in front of any lot whereon a dwelling-house shall not be erected: And provided further, That the said burgesses and assistants, when in their discretion, they shall deem fit and proper, may at any time revoke the authority given by virtue of any such precept or precepts as aforesaid, to any person or persons authorized as aforesaid. CHAP. XVIII. 1799 Persons author. ized as aforean estimate of the expences, & owners for their said shall make SECT. 6. And be it further enacted, That the person or persons authorized as aforesaid, shall, previous to his or their entering on the duties required by this act, make an estimate of the expences, and apply, by written notice, to the several owners of lots and buildings, within the space required to be paved for their proportions. respective proportions; and in case any owner or owners shall neglect or refuse to pay such amount ing to pay their Owners neglectwithin twenty days after notice as aforesaid, it shall proportion, to and may be lawful for the person or persons autho- for the same. rized as aforesaid, to borrow the same, and the neglecting owner or owners shall be accountable to him or them for the amount so borrowed, with legal interest thereon, when, and as soon as the duties required of him, by this act, are performed. be answerable Persons having the care of any ground belong&c. shall be ing to minor, answerable. The receipt of persons authorshall be good vouchers to all ized to pave, executors, &c. SECT. 7. And be it further enacted, That in case any grounds or buildings, belong to a minor or minors, or absent person or persons, then the same shall be recovered against any person or persons having the care of such grounds or buildings belonging to such minor or minors, or absent owner or owners; and the receipt of such person or persons authorized to pave as aforesaid, shall be good vouchers to all executors, administrators, guardians, trustees, or attornies, against their principal; and where any owner or owners of any grounds or buildings, executors, administrators, guardians, trustees or attornies, cannot be found; or in case any of them neglect to pave their own fronts, or to pave the proportion respectively allotted to them, then it shall and may be lawful for either of the burgesses of the said borough, or any justice of the peace a resident in the said borough, to issue execution for the same, in the name of the person or persons au- the same, thorized as aforesaid, to be levied on the grounds or buildings of such absent owner or owners, execu- to be levied on tors, administrators, trustees, guardians, or attornies; buildings. the ground or H where an owner cannot be found, or neglect to pay, justice of the peace to issue the burgesses or execution for СНАР. 1799 Persons in arrear on settlement may be compelled to pay. This act shall be deemed a public act. and the person or persons so authorized as aforesaid, is, and are hereby authorized to sell the same at public auction, for the shortest space of time in which the rents and profits will satisfy the debt and costs. SECT. 8. And be it further enacted, That in case any owner or owners of any grounds or buildings, or the person or persons having the care of any grounds or buildings, as executors, administrators, guardians, trustees or attornies, shall be in arrear, on a final settlement of the accounts, and neglect or refuse to pay the same, it shall and may be lawful for the said person or persons authorized by the burgesses and assistants as aforesaid, to recover the same, with costs, as debts of the same amount are by law recoverable. SECT. 9. And be it further enacted, That this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges and justices, and all persons whatsoever, without specially pleading the same. 1799 1799 CHA P. XIX. An ACT, for the repair, and maintenance of the banks and sluices belonging to the tract of marsh called the Mill-Creek Meadows, and for other purposes. Private act. CHAP. XX. An ACT to complete the title to land bought or sold by SECTION 1. B State treasurer. E it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That, from and CHAP XX. 1799 after the passing of this act, in all cases where lands, tenements or hereditaments of any defaulting collector, and of his surety or sureties, or of any or either of them, have been heretofore, or shall hereafter be sold Land of defaultto the State treasurer, according to the provision of ing collectors. an act, entitled, An act for raising twelve thousand sold to State six hundred pounds, for the service of the year one treasurer. thousand seven hundred and eighty-nine, in addition to and others to his successor; the arrearages due on former taxes, passed June the See 2d vol. 945. fourth, one thousand seven hundred and eightynine, which said State treasurer hath heretofore, or shall hereafter die or be otherwise removed from his office, before any deed or deeds be executed by the who dies before proper officer for completing a title under such sale deed made, to the said lands, tenements or hereditaments; it shall and may be lawful for the Sheriff, or person having sold such lands, tenements or hereditaments, to execute such lawful deed or deeds, and to do such other lawful acts for the conveying and assuring the it shall be made said lands, tenements, or hereditaments to the State treasurer for the time being, and to his successors, to and for the use of the State, as might or ought to have been executed, made or done to the State treasurer, to whom such lands, tenements or hereditaments have been, or hereafter may be, sold, in case he had not died or been otherwise removed from his office: And in case such Sheriff, or person having sold such lands, tenements, or hereditaments hath died, or hereafter shall die or be removed from his office, before any deed or deeds be executed for completing a title as aforesaid under such sale, then and in such case the provisions contained in the act, entitled, An act for taking lands in execution for pay- See 1st vol. 110. ment of debts, shall extend to, and be in full force for the conveying and assuring such lands, tenements, and hereditaments to the State treasurer for the time being, and to his successors, to and for the use of the State, as fully and effectually, as if every regulation, power, provision, clause, matter, and thing had been herein inserted and re-enacted. SECT. 2. And be it further enacted, That if any State treasurer may, or hereafter shall have entered inte and provisions of the act,entitled "An act or extended, &c." СНАР. XX. 1799 State treasurer having made contract for sale of land, and dies, his succes sor may complete such con tract. any contract or agreement, with any person or persons, for the sale of any such lands, tenements or hereditaments, agreeably to the authority given to him by the first before mentioned act of the General Assembly, and hath heretofore, or shall hereafter die, or be otherwise removed from his office before any deed or deeds be made by him for the sale of any such lands, tenements or hereditaments, it shall and may be lawful for the State treasurer for the time being, with the approbation of the auditor of accounts, to complete such contract, by making and executing such lawful deed or deeds, and doing such other lawful acts for the conveying and assuring such lands, tenements, or hereditaments, and completing such contract as fully to all intents and purposes as the State treasurer who originally entered into any such contract or agreement for the sale of any such lands, tenements, or hereditaments might or could have done had not such State treasurer died, or been other. wise removed from his office: Provided nevertheless, That the consideration for the sale of such lands, tenements, and hereditaments, shall be paid to the State treasurer for the time being, before the execution of any such deed or deeds. 1799 CHA P. XXI. An additional supplement to the act, entitled, An act for the better regulation of the roads in the county of Sussex. SECTION 1. B E it enacted by the Senate and House of Representatives of the State of Delaware, in general Assembly met, That the commissioners of the Levy court and Court of appeals of the said county, shall not direct any part of the road-tax to be ed to work out paid in money, provided the taxables of the said county shall work out their road-tax, by the first day of August in every year: And such of the said taxa Taxables allow. their road-tax, the first day of August. |