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C H A P. . within five days after such notice; and if the said XVIII.

owner or occupier shall not remove the same within 1799 the said time, then it shall and may be lawful for the Penalty for his said Burgesses, or either of them, to issue a warrant neglecting to re- under hand and seal, directed to any constable of the move the same.

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,

Burgesseson the Sect. 5. And be it further enacted, That from and application of five freeholders, after the passing of this act, it shall and may be lawful are authorized 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, authoto cause the foot- rizing him or them to cause the footways and gutters, ways and gut. ters to be paved of any street, lane, or alley of the said borough, as ap

plied 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 al

leys of the said borough. Provided the same be builton.

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 f,

fronts as aforesaid, so that they have it completed to pave their own fronts, within two months after notice given by the person or within two

persons authorized to pave as aforesaid, by writing unmonths after notice. ,

der his or their hands : And provided further, That no

person or persons shall be obliged to pave any footWidth of the pavements.

way 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 assist. CHAP.

XVNI. ants, when in their discretion, they shall deem fit and proper, may at any time revoke the authority given by

1799 virtue of any such precept or precepts as aforesaid, to any person or persons authorized as aforesaid.

Seci. 6. And be it further enacted, That the person Persons author. or persons authorized as aforesaid, shall, previous to

ized as afore.

said shall make his or their entering on the duties required by this act, an estimate of make an estimate of the expences, and apply, by

apply to the written notice, to the several owners of lots and build- owners for their ings, within the space required to be paved for their proportions. respective proportions; and in case any OWIICI VI Ownere neglert. owners shall neglect or refuse to pay such amount ing to pay their within twenty days after notice as aforesaid, it shall proportion, to

be answerable 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.

rable.

Sect. 7. And be it further enacted, That in case any Persons having grounds or buildings, belong to a minor or minors, or the care of any

ground belongabsent person or persons, then the same shall be reco- in vered against any person or persons having the care of &c. shall be such grounds or buildings belonging to such minor or minors, or absent owner or owners; and the receipt The receipt of

fare persons author. of such person or persons authorized to paveas afore.

c ized to pave, said, shall be good vouchers to all executors, adminic shall be good

at their vouchers to all strators, guardians, trustees, or attornies, against their es

executors, &c. principal ; and where any owner or owners of any grounds or buildings, executors, administrators, guardians, trustees or attornies, cannot be found ; or where an owner in case any of them neglect to pave their own fronts, cannot be found,

or neglect to or to pave the proportion respectively allotted to them, pay, then it shall and may be lawful for either of the bur

the burgesses or gesses of the said borough, or any justice of the peace a justice of the resident in the said borough, to issue execution for peace

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. 40

the ground or tors, administrators, trustees, guardians, or attornies; buildings.

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and the person or persons so authorized as aforesaid, i s, and are hereby authorized to sell the same at pub

lic auction, for the shortest space of time in which the rents and profits will satisfy the debt and costs.

Persons in ar. rear on settlement may be compelled to pay.

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.

This act shall be deemed a public act.

, and

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.

CH A P. XIX.

1799

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.

CH A P. XX.

1799

An ACT to complete the title to land bought or sold by

State treasurer.

D E it enacted by the Senate and House Section 1. B of Representatives of the State of Delaware, in General Assembly met, That, from and thousarenrages due ond seven har hath heret from his

od

tohall ancold such lawful

after the passing of this act, in all cases where lands, CHAF.

XX. tenements or hereditaments of any defaulting collector, and of his surety or sureties, or of any or either of 1799 them, have been heretofore, or shall hereafter be sold Land of default. to the State treasurer, according to the provision of ing collectors.

on and others 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 the arrearages due on former taxes, passed June the See 2d rol. 946. 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 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

to his successor; 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 heredi. taments 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 of the act,en.

and provisions having sold such lands, tenements, or hereditaments titled " An act

or extended, 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 ist vol. 110. ment of debts, shall extend to, and be in full force for the conveyingand 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.

1799

CHAP Xx. to any contract or agreement, with any person or per

sons, 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 AsState treasurer having made sembly, and hath heretofore, or shall hereafter die, or contract for sale be otherwise removed from his office before any of land, and dies, hís succes. deed or deeds be made by him for the sale of any sor may com such lands, tenements or hereditaments, it shall and plete such contract.

may be lawful for the State treasurer for the time be. ing, 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 law. ful 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, ten. ements, and hereditaments, shall be paid to the State treasurer for the time being, before the execution of any such deed or deeds.

CHA P. XXI.

1799

An additional supplement to the act, entitled, An act for

the better regulation of the roads in the county of Sussex.

Section 1. B

D 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 Taxables allow ed to work out paid in money, provided the taxables of the said countheir road-tax, ty shall work out their road-tax, by the first day of the first day of August.

August in every year: And such of the said taxa.

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