jWilWii. ^.^^^ i m '. THE CHARTER OF THE City of Wilmington Acts of the General Assembly Relating to the City AND Ordinances, Resolutions, Rules and Regulations of the Departments of the City Government IN FORCE JANUARY ist, iqio ALSO The Original Borough Charter (Annotated) PUBLISHED BY ORDER OF THE COUNCIL WILMINGTON, DEL. THE STAR PRINTING CO. 1911 PREFACE This volume as revised and annotated, was prepared by the direction of The Council of Wilmington, pursuant to the provisions of certain resolutions adopted by that body. The subject matter of the volume has been arranged in seven parts for convenience of reference. The first part contains the original Borough Charter of the city. The second part contains the Charter of the city as amended by Acts of the General Assembly, subsequently passed. ^Matter enclosed in brackets is new matter introduced into the charter since 1883, and only such Acts as are ex- pressly declared to be amendments to the charter, or to prior amendatory Acts, are introduced into the text of the charter. The third part contains all other Acts of the General As- sembly, of a public character, now in force relating to the city. This part consists of eighteen chapters, beginning with Acts supplementary to the charter, and each chapter has a paged syllabus showing the contents of the chapter. The fourth part contains the ordinances passed by The Council, and includes all general public ordinances in force on January 1st, 1910. (All ordinances and resolutions establish- \^ ing or altering the grades of streets, the line Qr grade of curbs or corners, the width of footwaj's and streets, the laying out, ^ and the fixing and establishing the location, of streets and the V^ extension of footways, sidewalks and streets (except in certain . instances of old streets) ; ordinances granting permission in ^ specific cases to construct railroad tracks and sidings on and r^ across streets, to lay tracks for street railways, and to erect poles for telegraph, telephone, electric light and troUej' wires, and all other ordinances relating to private rights have been ^ IV PREFACE omitted, pursuant to the direction contained in a resolution of The Council passed for that purpose.) This part consists of nineteen chapters, and each chapter has a paged syllabus show- ing the contents of the chapter. The fifth part contains all general rules, regulations and resolutions adopted by the Board of Directors of the Street and Sewer Department since the creation of the board in 1887, and in force on January 1st, 1910. excepting resolutions amending ordinances, which have been incorporated in the or- dinance amended. The same class of enactments has been omitted from this part as was omitted from the fourth part. The sixth part contains all the general rules and regula- tions adopted by the Board of Water Commissioners from the time of the creation of the board in 1885 to January 1st, 1910. The seventh part contains all the rules and regulations adopted by the Board of Park Commissioners since the cre- ation of the board in 1885 to January 1st, 1910. The subject matter of the fifth and sixth parts would not admit of a sub-division into chapters, and the contents of those parts have been indicated by a paged syllabus at the head of each part. Stars in the line of the text indicate omissions from the statute, ordinance, rule, resolution or regulation of parts re- pealed or superseded, or matter omitted by the direction of The Council. All amendments are enclosed in brackets. The annotations include all the decisions contained in the Law and Chancery reports of the State of Delaware relating" to the City of Wilmington or any of its departments, and a number of unreported decisions of which the author has per- sonal knowledge. A table of dases is printed herein. The annotations are the work of Kobert G. Harman, Esq. William H. Heald, Robert G. Harman. Wilmington, Delaware, IMarch 4, 1911. TABLE OF CONTENTS. PART I. Page ORIGINAL CHARTER OF THE BOROUGH OF WILMINGTON 5 PART II. CHARTER OF THE CITY OF WILMINGTON 17 PART III. ACTS OF THE GENERAL ASSEMBLY RELATING TO THE CITY OF WILMINGTON. CHAPTER I. Acts Supplementary to Charter 149 CHAPTER II. Acts Relating to City Officers 157 CHAPTER III. Acts Relating to Public Parks *. . . .168 VIII . . TABLE OF CONTENTS CHAPTER lY. Page Act Relating to Water Department 11^ CHAPTER V. Act Relating to the Harbor of Wilmington 185 CHAPTER VI. Act Relating to the Police Department 205 CHAPTER YU. Act in Relation to the Street and Sewer Department. 224 CHAPTER VIII. Acts in Relation to Sewers and Drainage 238 CHAPTER IX. Acts in Relation to Streets and Roads 249 CHAPTER X. Acts in Relation to Registration of Voters 272 CHAPTER XI. Acts in Relation to Elections 239 TABLE OF CONTENTS IX CHAPTER XII. Page Acts in Relation to Public Schools 419 \ CHAPTER XIII. Acts in Relation to the Sinking Fund and City Debt. .454 CHAPTER XIV. Acts in Relation to Exemptions from Taxation 485 CHAPTER XV. Acts in Relation to City Railway's 493 CHAPTER XVI. Acts in Relation to Bridges 510 CHAPTER XVII. Acts in Relation to Sales of Real Estate 513 CHAPTER XVIII. * Miscellaneous Acts 518 X TABLE OP CONTENTS PART IV. ORDINANCES OF THE CITY OF WILMINGTON. CHAPTER I. Page Ordinances Relating to City Officers 565 CHAPTER II. Ordinances Relating to the Standing Committees of Council 610 CHAPTER III. Ordinances Relating to the Department op Engineer- ing AND Surveying 617 CHAPTER IV. Ordinances Relating to the Fire Department 625 CHAPTER V. Ordinances Relating to the Police Department 648 CHAPTER VI. Ordinances Relating to the City Debt 649 ' TABLE OF CONTENTS XI CHAPTEE VII. Page Ordinances Relating to Nuisances 742 CHAPTER VIII. Ordinances Relating to the Health of the City 770 CHAPTER IX. Ordinances Relating to Public Markets 815 CHAPTER X. Ordinances Relating to Building Regulations 836 CHAPTER XI. Ordinances Relating to Footways and Sidewalks 905 CHAPTER XII. •Ordinances Relating to Sewers, Drains and Runs 908 CHAPTER XIII. Ordinances Relating to Navigation 915 CHAPTER XIV. Ordinances Relating to Wharves 919 XII TABLE OF CONTENTS CHAPTER XV. Page Ordinances Relating to Railroads 922 CHAPTER XVI. Ordinances Relating to Sales and Leases of Real Es- tate 924 CHAPTER XVII. Ordinances Relating to Taxation 929 CHAPTER XVIII. Ordinances Relating to Streets 932 CHAPTER XIX. Miscellaneous Ordinances 952 PART V. RESOLUTIONS OF THE BOARD OF DIRECTORS OF THE STREET AND SEWER DEPARTMENT 993 PART VI. RULES AND REGULATIONS OF THE BOARD OF WATER COM- MISSIONERS 1075 TABLE OF CONTENTS . XIII PART VII. Page rules and regulations of the board of park com- missioners 1093 Appendix 1097 Index REVISED, 1910, by WILLIAM H. HEALD ROBERT G. HARMAN ANNOTATED by ROBERT G. HARMAN TABLE OF CASES CITED Referred to in this volume on pages Anderson v. Wilmington, 2 Penn. 28 92, 126, 742, 1022 Anderson v. Wilmington, G Penn. 485 114, 12G Anderson & Son v. Wilmington, 8 Houst. 51() 75, 92. 12.'), 12(5, 1;U, 245, 1004, 1040. 1 ().')!, 1052 Attorney General, &e. v. Wilmington et al., 4 Del. Ch. 575 80, 170 B Bailey v. P., W. & B. Pv. R. Co., 4 Har. 389 189, 512 Barclay v. Hartman, 2 Marv. 351 970 Benson v. Wilmington, 9 Houst. 359 115, 126, 145, 2.50, 621 Betts V. Dick, 1 Penn. 268 101 Biggs, Clerk, &c. v. Buckingham, et al., 6 Del. Cli. 267 89 Bradford v. Mote, Coll'r., &c., et al., 2 Marv. 159 489 Brown v. Wil. C. Ry. Co., 1 Penn. 332 1028 Bullock's Admr., p. b., v. W. C. Ry. Co.. d. h., 5 Penn. 209. . 58, 68, 175, 205, 207, 208, 209, 225, 229, 230, 1025 Burton v. P., W. & B. R. R. Co., 4 Har. 252 754 c Carswell, Admr., &c., v. Wilmingion. 2 Marv. 360 126, 627, 749, 1024 Cecchi v. Lindsay, et al., 1 Boyce, 185 556 Clark v. Wilmington, 5 Har. 243 115. 126, 130, 225, 250, 621. 622 Clawson v. Primrose, 4 Del. Ch. 643 134 Colbourn v. Wilmington, 4 Penn. 443 126 Cook v. Wil. C. E. Co., 9 Houst. 306 126 Cooper V. Del. C. E. Ry. Co., et al., 8 Del. Ch. 462 497, 503 aix V. Wil. C. Ry. Co., 4 Penn 162 1028 Coyle V. Mclntire, 7 Houst. 44 19, 28, 30, 53, 70, 133, 146. 174, 175, 176. 179. 513, 514, 924 Cummins v. Spruance, et al., 4 Har. 315 200 Curry v. Jones, et al., 4 Del. Ch. 559 93. 114 Xviii TABLE OP CASES CITED. r) Referred to in this volume on pages Di Pi-iaco, Admr., v. W. C. Ry. Co., 4 Peiiu. 527 102S Dodd, et al., v. Hart, Overseer of Roads, 8 Del. Cli. 448 114 Dover v. Tawressey, 2 Marv. 285 30, 45 Downs V. Smyrna, 2 Penn. 132 120, Ufi E Elliott, et al., v. Newark, 8 Del. Ch. 64 54, 55 Emory & Co., v. Laurel, 3 Penn. 67 29, 180 English V. Wilmington, 2 Marv. 63 92, 104, 114, 118, 151, 193, 238, 239, 241, 955 Equitable G. & T. Co., v. Donahoe, 8 Del. Ch. 422 243 Equitable G. & T. Co., v. Donahoe, Coll'r, &c., 3 Penn. 191 91, 100 F Farley, et al., v. Wil. & N. C. E. Ry. Co., 3 Penn. 581 1028 Farmers Bank v. Ball, State Treasr., 2 Penn. 374 29 Flanagan's Admr., v. Wilmington, 4 Houst. 548 126, 145, 749 Fleith V. Cunningham, unreported 125. 126, 1007 Fletcher v. Wilmington, unreported 48, 50 Fooks v. Hearn, 5 Harr. 363 584 Forbes, d. b. a., v. Wilmington, p. b. r., 1 Marv. 186 778 Forbes, et al., p. b., v. State, d. b., 2 Penn. 197 38, 41, 46 Ford V. Warner Co., 1 Marv. 88 744. 757, 762, 1029 Ford V. Whitenum, 2 Penn. 355 749, 1022 Forman v. Ford, et al., 6 Del. Ch. 47 184, 981 Foster v. Wilmington, 8 Houst. 415 210, 975 Frieszleben v. Shallcross, et al., 9 Houst. 1 9. 88, 92. 93, 94, 328, 381 Fulton v. Dover, 6 Del. Cli. 1 : 8 Houst. 78 21, 114, 118, 252 a Gardner, d. b. a., v. Nolen, p. b. r., 3 Har. 420 393 Gardner v. Grubb, 4 Houst. 448 '. 394 Garrett v. Peoples Ry. Co., 6 Penn. 29 558, 560 Giles V. Diamond S. Iron Co., 7 Houst. 453 58, 145, 856 Godwin, d. b. a., v. State, p. b. r., 1 Boyce 173 358 Goldstein, Acbnr.. v. Peoples Ry. Co., 5 Penn. :50(i 923 Gray, Atty. Gen'l., ex rel.. Thomas v. Baynanl, 5 Del. CIk 499 58,59, 192,701. 841,859,1014 Gray v. State, 2 Har. 70 7. 11. 38, 41, 44, 46 Gray, d. b. a., v. Wilmington, p. b. r.. 2 Marv. 257 58,59,535,810 Green v. Newark, 5 Penn. 316 126 Griffith, et al., v. Johnson, Admr.. 1 Har. 136 90 Grimshaw v. Wilmington, et al.. 5 Del. Ch. 183 63 TABLE OF CA«ES CITED. xix H Referred to in this volume on pages Haiinigaii v. Wright, 5 Peiiii. 537 558 Harlan & Holling'swortli Co.. v. raschall, 5 Del. Cii. 435 184,185,180,187, 189, 190, 192, 197 Harrigan v. Wilmington, 8 Hoiist. 140 30, 120, 225, 220, 231, 239, 019 Hartnian, d. h.. v. Wilmington, p. b., 1 Marv. 215 138,141,142,774,780,784,778 Hastings v. Henry, 1 Marv. 287 309 Hawkins v. Dougherty, CoU'r.. 9 Houst. 150 93 Hawkins, d. b. a., v. Mendeiihall, j). b. r., 3 Houst. 210 134 Herbert, State Treas'r.. &c.. v. B. & P. R. R. Co., 8 Houst. 120 85 Hession v. Wilmington. 1 ]\larv. 122 120, 220, 231, 239 Higgins. p. b.. v. Wilmington, d. b., 3 Penn. 350 120 Higgins v. W. C. Ry. Co., 1 Marv. 352 740, 102S Hitchens v. School Dist., Sussex Co., 5 Penn. 325 421 Homewood, d. b. a., v. Wilmington, p. h. r., 5 Houst. 123 152 Huey v. Richardson, 2 Har. 200 32, 30, 225, 231, 239. 019. 020 Hulley v. S. T. & S. D. Co., et al.. 5 Del. Cli. 578 134 Hunter v. Lank. 1 liar. 10 20 Husbands, Coll'r., p. b. a., v. Talley, d. b. r.. 3 Penn. 88 323, 448 I In Re Petition of Alston, et al., 1 Penn. 359 130, 225 In Re Petition of Front and Union St. Ry. Co., 1 Penn. 370 499, 503, 507 In Re Receivership Jjord & Polk Chem. Co.. 7 Del. Ch. 248 90. 99 In Re Lee, et al.. Petition, 4 Penn. .>7() Ill In Re Phillips Petition, 5 Penn. 133 47 J Jarrell v. Wilmington, 4 Penn. 454 12(), 7(il, 822 Jessup & Moore Paper Co., v. Ford, et al., Del. Ch. 52 184. 981 Johnson v. Stayton, 5 Har. 448 252 Johnson, d. b. a., v. State, p. b. r., 2 ^larv. 372 141. 772 Jones V. Belt, 8 Houst. 502 58, 740 K Keller v. Taylor, 2 Houst. 20 47, 50 Kent V. Wilmington, 7 Houst. 397 120, 177. 944, 950, 1004 Keogh V. Wilmington, 4 Del. Ch. 491 234, 438, 014, 979 Knight, et al., d. b., v. Ferris, p. b., Houst. 283 302, 408, 412 Knopf V. P.. W. & B. R. R. Co., 2 Penn. 392 ' r^H. 754, 750 Knowles v. Morris, Penn. 70 88. 97. 101, 107 Kyne v. W. & X. R. R. Co., 8 Houst. 185 750 Law and Order Soe'y v. Wilmington, 4 Penn. 300 144, 53(i, 759 Laws, d. b., v. Jones, p. b., 2 Har. 345 100 XX TABLE OF CxVSES CITED. RefeiTed to in this volume on pages Lawson v. Buzines, 3 Har. 416 212, 213 Lee V. Wilmington, 1 Marv., G5 29, 69, 108, 158, 793 Licznerski v. W. C. Ry. Co., 5 Penn. 201 754 Liebig Mfg. Co., v. Wil. Board of Health, S Del. Ch. 2G 138, 140, 141, 142,773 Lofland v. Oi-ten, et al., 4 Houst. 622 j 225 Lord & Polk Ohem. Co., 7 Del. Ch. 248 ' 96, 99 Louth, et al., v. Thompson, 1 Penn. 149 126, 938, 939 Lurtz V. Registration Board, Kent Co., 1 Marv. 450 309 MacFeat's Admr., v. P., W. & B. R. R. Co., 5 Penn. 52 58, 145, 754 Magarity v. Wilmington, 5 Houst. 530 126, 226, 231, 239 Marshall v. Cleaver, 4 Penn. 450 213 Martin v. B. & P. R. R. Co., 2 Marv. 123 755 Maxwell, Admr., v. ^V. C. Ry. Co., 1 Marv. 199 754, 1028 Mayor and Council of Wilmington (See Wilmington) McAllister v. Peoples Ry. Co., 4 Penn. 272. .• 126 McCaffrey v. Thomas, 4 Penn. 437 58, 145, 213 McCormick v. Fisher, Mayor, &c., 5 Penn. 273 33, 140, 180, 797 McCoy, et al., d. b., v. State, ex rel., Alice, et al., p. b., 2 Marv. .543 412 McCoy V. P., W. & B. R. R. Co., 5 Houst. 599 126, 756, 757 Mealey v. Buckingham, et al., 6 Del. Ch. 356 102 Monaghan v. Lewis, Rcer. of Taxes, 4 Penn. .■]64; (5 Penn. 218) 25,84,100, 488, 490 Moore, et al., v. Wliitaker, 2 Ifnr. 50 34 Morris, et al., v. Pilot Com'rs, et al., 7 \M. Cli. 13() 81, 151, 1.55, 162, 166, 173, 420, 447, 542, 917, 961, 1022, 1036 Morrow, d. b. a., v. State, p. b. r., 2 Marv. 4 155 Murphy v. Countiss, 1 Har. 143 213 MiuT)hey, et al., v. Wilmington, 5 Del. Ch. 281; (6 Ilouat. lOS) 88,93,100, 107, 114, 118, 126, 137, 193, 229, 241, 242, 243, 246, 909 Neal's Admr., v. Wil. & N. C. E. Ry. Co., 3 Penn. 467 126 Neary, Coll'r, &c., v. P., W. & B. R. R. Co., 7 Houst. 419 84, 100, 243 Nevin v. Disharoon, 6 Penn. 278 20 N. C. & D. C. Ry. Co., v. Del. R. R. Co., 8 Del. Ch. 419 495, 506 Nivin, use of Cling, v. Stevens, 5 Har. 272 20, 134, 135, 618, 622 o O'Daniel v. Bakers' Union, 4 Houst. 488 134 Ogle V. P., W. & B. R. R. Co., 3 Houst. 267, &c 252 Oxy-Hydrogen Co., v. Simmons, et al., 3 Penn. 291 .'255 TABLE OF CASES CITED. XXI Referred to in this volume on pages Petit V. Ct)linery, 4 Penu. 2GG 213, 214, 215 Petition of Alston, et al., 1 Penn. 359 130, 225 Petition of Front & Union St. Ry. Co., 1 Pcnii. 370 499, 503, 507 Petition of Lee, et al., 4 Penn. 576 Ill Petition of Phillips, 5 Penn. 133 47 P., W. & B. R. R. Co., d. b. a., v. Bowers, p. b. r., 4 Houst. 506 498 P., W. & B. R. R. Co., V. Neary, Coll'r, &c., 5 Del. Cli. 600 84, 100, 243 P., W. & B. R. R. Co. V. Wil. 6. Ry. Co., 8 Del. Cb. 134 495, 500 Pickering v. Day, et al., 2 Del. Ch. 333 35, 94, 95, 100, 109, 593, 827, 837 Pierce v. Lemon, 2 Houst. 519 134 Pierce v. Wilmington, 2 Marv. 300 120 Poole V. Greer, Penn. 220 252 Porter v. Sawyer, 1 Har. 517 393, 394 Pratesi, d. b. a., v. Wilmington, p. b. r., 4 Penn. 258 50 Price V. Warner Co., 1 Penn. 462 50, 1028 Public Road, 5 Har. 242 114 Q Quilleu V. Betts, 1 Penn. 53 20. 135 Quinby & Co., v. Wilmington, et al., 5 Houst. 20 29, 180 Rash V. Allen, unrc^ported 32, 54, 55 Reed v. Queen Anne's R. R. Co., 4 Penn. 413 754 Rettew, Recr. of Taxes, v. St. Patrick's R. C. ('luucli, 4 Penn. 593 487 Reynolds, Jr., v. Naudain, 2 Har. 317 745, 740 Rhoads v. Given, 5 Houst. 183 97, 99 Rice V. Foster, 4 Har. 479 .46, 55, 57, 417, 418 Road Case, 5 Har. 242 • 114 Road Commissioners, 2 Penn. 400 83 Robinson v. Wilmington, 8 Houst. 409 114, 125, 126 Robinson v. Simi^son, 8 Houst. 398 58, 746, 748 Ross V. Allmond, unreported 32, 54, 55 Rossell, d. b. a., v. Bartram, p. b. r., 1 Penn. 242 29 S Sayers, Assessor, &c., v. W. & N. R. R. Co., 3 Penn. 249 490, 524 Schelich v. Wilmington, 1 Boyce 57 126, 177, 944, 1004 Seward, et al., v. Wilmington, 2 Marv. 189, 375 124, 126, 742 Shockley, et al., d. b. a., v. Shepherd, p. b. r., 9 Houst. 270 745 Simeone v. Lindsay, 6 Penn. 224 558 Smith v. Riding, 9 Houst. 235 83 Smith V. School District, Sussex Co., 1 Penn. 401 421 Smyrna, &c.. Steamboat Co., v. Whilldin, 4 Har. 228 200, 746 Snyder v. Peoples Ry. Co., 4 Penn. 145 1028 XXll TABLE OF CASES CITED. Referred to in this volume on pages Sparks, et al., v. Farmers Bank. 3 Del. Ch. 274 158 State V. Allmond, 2 Houst. 612 417 State V. Anderson, 1 Marv. 520 44, 297, 320, 420 State V. Bell, 5 Penn. 192 289, 320 State V. Brand, 2 Marv. 459 272, 289, 295, 297, 321, 347, 362 State V. Brown, 5 Har. 505 214 State V. Buckley, 5 Har. 508 ; ' . . 750 State V. Burehinal, 4 Har. 572 750, 703 State V. Butler, 2 Penn. 127 975 State V. Caldwell, 1 Marv. 555 '..... 292, 320 State V. Christie. 2 Marv. 443 42 State V. Churchman, 3 Penn. 107 ; 301 32, 37, 38,'41, 02, 227 St£ite V. Clark, 2 Marv. 456 295, 297, 302 State V. Clarke, 3 Har. 557 305, 405 State V. Collins, 1 Penn. 420 306 State V. Conway, 2 Marv. 453 295 State V. Crocker, 1 Houst. Cr. Cas. 434 214 State V. Day, 5 Penn. 101 ." 42 State V. Dennis, 2 Marv. 433 213 State V. Fountain, et al., 6 Penn. .520 418 State V. Frest, 4 Har. 558 31, 294. 305, 356, 405 State V. Greenwood, 2 Penn. 379 43, 46 State V. Harker. 4 Har. 559 293, 358 State V. Hegeman, 2 Penn. 147 58 State V. Kumpel, Jr., 2 Marv. 464 152 State V. Lafferty. 5 Har. 491 231. 214, 750, 759. 703 State V. Lally, 2 Marv. 424 287, 292, 320 State V. Levy Court X. C. Co.. 1 Peini. 597 60, 526. 986 State V. Lewis, 4 Penn. 332 745 State V. List, 1 Houst. Cr. Cas. 133 214, 215 State V. Luce, et al., 9 Houst. 396 58, 140, 141. 766, 773, 774, 775. 790 State V. Lynch, 2 Har. 88 42 State V. Lynn, 3 Penn. 316 82 State V. Mahon, 3 Har. 568 , 212, 213 State V. Matlack, 5 Penn. 401 32, 276, 295, 325.346. 352, 361. 381 State V. INI'Donald, 4 Har. 555 294, 305, 356, 405 State V. Moore, 2 Penn. 299 46. 300 State V. Mooris, 1 Har. 326 20 State V. Mundy, 2 Marv. 429 . 300 State V. Mundy, 1 Boyce, 40 42 State V. Oliver, 2 Houst. 585 213, 214 State V. O'Xiel. 1 Houst. Cr. Cas. 408 213, 215 State V. Porter, 4 Har. 556 294, 356 State V. Reybold. Jr., 5 Har. 484 189. 190, 252 State V. Rollo, 3 Penn. 421 529 State V. Russell, 1 Houst. Cr. Cas. 122 213 TABLE OF CASES CITED. XXlll Referred to in this volume on pages State V. Scott, 4 Penn. 538 42 State V. Smith. 9 Houst. 143 103, (ilS State V. Soutliard, (i Penn. 247 252 State V. Townsend. 5 Har. 487 212, 215 State V. Vincent, 1 :Maiv. 5G0 292, 320 State V. Walter, 2 ]\Iarv. 444 703 State V. Wetherall, et al., 5 Har. 487 58, 140, 773 State V. Wil. City Council, 3 Har. 294 8, 31, 32. 38, 54. G2, 398, 414 State V. Wood, unreported 150, 153, 154, 819 State, ex rel,, McVey, v. Burris, 4 Penn. 3 30, 70, 1(51 State, ex rel., McCormick, v. Fisher, Mayor, &c., 5 Penn. 273 33, 140, 180, 797 State ex rel., Att'y Gen'l, v. Lewis, et al., unreported 338 State, ex rel., Allee, et al., v. McCoy, et al., 2 Marv. 465 .369, 412 State, ex rel., McKee, et al., v.' New Castle, et al., 2 Penn. 400 83 State, ex rel., Wilmington, v. Sayers, unreported 103, 417, 418, 988 State, ex rel., Oxy-Hydrogen Co., v. S. & S. Dep't., 3 Penn. 291 255 State, ex rel., Wright, v. Warren, 1 Houst. 39 362, 408, 412 State, ex rel., Conway, v. Willis, et al., unreported 159, 160 State, use of Tharp, et al., v. Emerson, et al., 3 Houst. 85 103 Sitate Treasurer v. Whitaker, et al., 2 Har. 130 63, 82 Steamboat Co., v. Whilldin, 4 Har. 228 200, 746 Stidham, Jr., v. Delaware City, 6 Penn. 359 126 iStimmel v. Brown, 7 Houst. 219 135 Stoeckle, et al. v, Levy Ct. N. C. Co., et al., 8 Del. Ch. 150 103 Street & Sewer Dept., v. Connell, Clerk, &e., 2 Penn. 571 58. 85, 129, 151,2.32, 744,829,919 Stroud, d. b. a., v. Smith, p. b. r., 4 Houst. 448 ._ 30 T Taylor v. Trustees of Poor, N. C. Co., 1 Penn. 247 51, 71 Tilghnian v. Ci"uson, 4 Har. 341 100 Town of Dover v. Tawressey, 2 Marv. 285 30, 45 Tully's Admr., v. P., W. & B. R. R. Co., 3 Penn. 455 922 XT V. S. Sand Filtration v. Bird, unreported 34, ISO Weldin, et al., v. Wilmington, 3 Penn. 472 80, 133, 174. 175. 177. 179. 182. 225. 456 Whiteman's Ex'x, v. Wil. & S. R. R. Co., 2 Har. 514 118 Wiley, Trustee, v. Wilmington, Ch. Rec. V-2-110 114 Wilkins v. Wilmington, 2 Marv. 132 ' 120 Williamson, et al., v. Gordon Heights Ry. Co., 8 Del. Vh. 192 1031 Willis V. Ross, unreported 54, 414 Wilman v. Peoples Ry. Co., 4 Penn. 260 1028 Wilmington, et al.. v. Addieks, et al., 7 Del. Ch. .50: S IVl. Cli. 310 255 XIV TABLE OF CASES CITED. Wilmington v. Davis, unreported 128, 1014, 1017 Wilmington, d. b., v. Ewing, et al., p. b., 2 Penn. 66 19,28,29,122,123,124, 125, 126, 127 Wilmington v. Hedges et al., 5 Har. 421 29, 64 Wilmington v. Hertel, unreported 767 Wilmington v. Jenny, unreported 1016 Wilmington v. McNabb, unreported 128, 156, 178, 231, 938, 1014 Wilmington v. Reed, unreported : 57, 138, 163 Wilmington v. Vandegrift, 1 Marv. 5 37, 38, 42, 43, 57, 126, 145, 208, 744, 1021 Wilmington v. Wicks, 2 Marv. 297 100, 957, 959 Wil. City Ry. Co., v. Peoples Ry. Co., unreported 495 Wil. City Ry. Co., d. b., v. White, p. b., 6 Penn. 363 756 Wil. City Ry. Co., v. Wil. & B. S. Ry. Co., 8 Del. Ch. 408 132,494,495,496, 498, 1031 Wilson V. Rockland Mfg. Co., 2 Har. (M ' 745 z Zuchowski, d. b., v. State, p. b., 3 Penn. .339 37, 41, 42, 48 PART I. ORIGINAL CHARTER OF THE Borough of Wilmington. Original Charter OF THE Borough of Wihnington." George the Second, hy the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, and so forth. To ALL TO WHOM THESE PRESENTS SHALL COME GREETING: * Whereas, Our loving subjects, Joseph Pennock, William Shipley, Joshua Way and others, freeholders and inhabitants of a tract of land situated on Christiana river, in our County of New Castle, and within the Government of our Counties of New Castle, Kent and Sussex on Delaware, having been at great charge in purchasing of the said laud, building of houses, iThis is the orig-inal Charter of the Borough of Wilmington; and though its provisions have, in the main, been superseded by subsequent legislation, yet, because of its antiquity, and because rights, public and private, of a continuing nature, have been acquired under it, it has been deemed proper to publish it. The date of the grant of the Borough Char- ter is Nov. 16th, 1739, (altered and re-established by act of Jan. 31st. 1809, 4th vol; D. L. 275-288. &c.) The date of the act of the Legislature super- seding the Borough Charter and continuing its incorporation as a city is Jan. 18, 1832, (8th vol. D. L. c. 108, p. 97.) BOROUGH CHARTER. removing their families, and making great improvements thereon, so that by their industrj" and expense, it is at this time in a flourishing condition : And whereas the freeholders and inhabitants aforesaid have humbly besought our trusty and well beloved Thomas Penn, Esquire, one of the proprietors of the counties afore- said, and George Thomas, Esquire, with our Royal approba- tion, Lieutenant Governor thereof, under John Penn, the said Thomas Penn and Richard Penn, Esquires ; true and absolute proprietors of the Province of Pennsylvania, and counties aforesaid, for our letters patent under the great seal of the said Government, to erect the said tract of land into a Bor- ough, and to incorporate the freeholders and inhabitants of the same with perpetual succession, and to grant to them such immunities and privileges as might be thought neces- sary for the well ordering and governing thereof: Therefore, Know Ye, that We, favoring the petition and good purposes of the said freeholders and inhabitants, and willing to promote trade, industry, rule and good order, amongst all our subjects, of our special Grace, certain knowl- edge, and mere motion, have erected, and by these presents do erect the said tract of land into a Borough, forever here- after, to be called by the name of Wilmington, which said Borough shall extend, be limited and bounded, in the manner it is now laid out, pursuant to the plan thereof hereunto an- nexed. And we do further grant and ordain, that the streets of the said Borough shall forever continue as they are now laid out and regulated, and that the end of each street extending into the River Christiana, and such other places on the said River, or elscAvhere within the limits aforesaid, as shall here- after be thought fit, shall be and continue free for the use and service of the said Borough, and the inhabitants thereof, who may improve the same for the best advantage of the said Borough, and build wharves so far out into the said River as the Burgesses and assistants hereinafter mentioned shall from time to time see meet, the ends of which streets and BOROUGH CHARTER. wharves aforesaid, shall be and remain for the use of the said Borough forever for lading and unlading of goods, wares and merchandise, out of ships, boats or other vessels whatsoever. And we do nominate and appoint AVilliam Shipley and Thomas West to be the present Burgesses, and Timothy Stid- ham. Joseph Hewes, Joshua Way, Joseph Way, George Howell and David Ferris, assistants, for advising, aiding and assisting the said Burgesses in the execution of the powers and authorities herein given them, and Enoch Lewis to be High Constable, and Goldsmith Edward Folwell to be Town Clerk, until the eighth day of September next ensuing, and from thence until others shall be duly elected («) or appointed in their places, as is hereinafter directed and no longer. («) Earrington, Justice: "The corporation of Wilmington en- joyed by patent, dated in 1739, the right to elect two burgesses and six assistants, with a high constable and town clerk," &c Gray vs. The State of Delaware, 2 Har. 76 at 93. (yr. 1836) (See page 8, paragraph 8, as to one's right to vote.) And we do by these presents, for us, our heirs and suc- cessors, further give, grant and declare, that the said Bur- gesses, freeholders, and inhabitants, within the Borough aforesaid, and their successors, forever hereafter, shall be one body politic and corporate, in deed and in name, and them by the name of the Burgesses and inhabitants, of the Borough of Wilmington, in the County of New Castle, on Delaware, one body politic and corporate, in deed and in name. We do for us, our heirs and successors, fully create, con- stitute and confirm by these presents, and by the same name of the Burgesses and inhabitants of this Borough of Wil- mington, that they may have perpetual succession, and that they, and their successors, by the name of the Burgesses and inhabitants of Wilmington be, and at all times forever here- after shall be persons able and capable, in law, to have, get, receive and possess lands, tenements, rents, liberties, juris- dictions, franchises and hereditaments to them and their sue- BOROUGH CHARTER. cessors in fee simple, or for term of life, lives, years or other- wise, and also goods, chattels and other things, of what nature or kind soever, and also to give, grant, let, sell, and assign the same lands, tenements, hereditaments, goods and chattels, and to do and execute all other things about the same, by the name aforesaid, and also that they be, and shall be, forever hereafter, persons able and capable in law, to sue, and be sued, plead and be pleaded, answer and be answered unto, defend and be defended, in all or any of our Courts, or other places, and before any Judges, Justices and other per- sons whatsoever, within the Government of the said Coun- ties aforesaid, in all manner of actions, suits, complaints, pleas, causes and manners whatsoever, and that it shall and may be lawful, to and for the Burgesses and inhabitants of Wilmington aforesaid, and their successors forever here- after, to have and use one common seal, for the sealing of all business whatsoever, touching the said Corporation, and the same, from time to time, at their will, to change and alter. («) (a) Harrington, Justice: "The borough of Wihningtou was incor- porated by letters patent in November, 1739. It received a charter from the General Assemblv in 1772, ' ' &c. State vs. Wil. City Council, 3 Har. 294 at 301. (yr. 1840) (See page 7, paragraph 6.) And we do, for us, our heirs, and successors further and by these presents grant full power and authority, for the Burgesses, Constable, and assistants, freeholders, together with such inhabitants, house-keepers, -within the said Bor- ough, as shall have resided therein, at least for the space of one whole year next preceding any such election, as is herein- after directed, and hired a house and ground, within the said Borough, of the yearly value of five pounds or upwards, («) on the eighth day of September, yearly, unless that day hap- pen to fall on Sunday, and then on the next day following, publicly to meet in some convenient place, within the said Borough, to be appointed by the Chief Constable, and then and there to nominate, elect, and choose by the ballot, able men of the inhabitants of the said Borough, to be Burgesses, High Constable, and such other officers within the same, for serving and assisting the Burgesses, in managing the affairs BOROUGH CHARTER. of the said Borough, and of keeping of peace and good order therein, from time to time as to the majority of the said elec- tors shall seem requisite and necessary; which election sliall be taken from time to time, by the High Constable, of the year preceding, and the names of the persons so elected, shall be certified under his seal to the Governor for the time be- ing, and the Burgess who shall have the majority of votes shall be called the Chief Burgess of the said Borough, but in ease it shall so happen that the said freeholders and inhabi- tants, house-keepers aforesaid, shall neglect or refuse to elect, and choose Burgesses and other officers in manner aforesaid, or that no return of their names, shall be made to the Governor within five days next after such elections, yearly and every year, .as aforesaid, that then it shall and may be lawful for the Governor for the time being to nomi- nate, commission, and appoint Burgesses, a Constable and assistants, for the year, to hold and continue their respective offices until the next time of annual elections, appointed as aforesaid, and so as often as occasion shall require. (a) An interesting account of the various acts relating to the quali- fications of electors in the colonial period, is contained in the case of Frieszleben vs. Shalleross et al., 9 Houst. 1 at from 60 to 64. Among other things is the following: Comegys, C. J.: " From this review of the law which has always prevailed here in regard to the qualification of voters, two things seem to be clear, — that is, that the right to vote was conditional altogether upon the payment of taxes previously assessed. ("scot and lot," as tersely expressed in the homely but perfectly well understood language of the ancient enactments,) and that the poll-tax was adopted 100 years, at least, before 1797, for those who had no prop- erty." 64-65 (yr. 1890.) And we further will and ordain, that all the said Bur- gesses for the time being, shall be, and are hereby empow- ered, and authorized, to be conservators of the Peace within the said Borough, and shall have power by themselves, and upon their own view, or in other lawful manner, to remove all nuisances and encroachments on the said streets, public landing places, and highways within the said Borough afore- said, as they shall see occasion, with power, also, to arrest, imprison and punish rioters, and other breakers of the peace or good behaviour, award process, bind to the peace or good behaviour, commit to prison, and to make calendars of the 10 BOROUGH CHARTER. prisoners by them committed, and the same to return, to- gether with such recognizances and examinations as shall be by them taken, to the next Court of Quarter Sessions of the County of New Castle, there to be proceeded on, as occasion may or shall require, and to do all and singular, other mat- ters and things within the said Borough, as fully and effectu- ally to all intents and purposes, as Justices of the peace, in their respective Counties, can or may lawfully do; {^) but be- fore any of the said Burgesses, Constable, or other officers, shall take upon them the execution of their respective offices, they shall take and subscribe to the oath or affirmation of allegiance, and such other oaths and affirmations, as by the laws in our Government in such cases are provided, together with the oaths or affirmations for the due execution of their respective offices, and eve^y Chief Burgess so elected or ap- pointed, from year to year, as aforesaid, shall, within five days immediately after the election, present himself to be qualified, by taking the oaths or affirmations aforesaid be- fore the Governor for the time being, or before such other person as the Governor shall think fit to appoint for that purpose, and on failure of his so presenting himself, unless disabled by sickness or other reasonable cause, such as shall be allowed of by the Governor for the time being, another Chief Burgess, shall, from time to time, and as often as occa- sion shall require be appointed, in the stead of such person so failing to appear and qualify himself as before directed, which Burgess so to be appointed by the Governor for the time being, shall and may enjoy their offices, until the day of election next ensuing such their appointment, and the Chief Burgess having qualified himself in the manner afore- said, shall and may enter upon his office, and the other Bur- gess, Constables or other officers, shall and may qualify themselves for their respective offices, by taking and sub- scribing the oaths or affirmations aforesaid, before the said Chief Burgess, or before any one of the Justices of the Peace of the said County of New Castle for the time being, who are hereby authorized and empowered to administer the same. (a) Harrington, Justice: "For though it is contended that the franchise of holding a court existed in the corporation of the borough of Wilmington, under its charter of 1772, BOROUGH CHARTER. 11 * * * it is admitted that this franchise was but the j^ower to ainioint certain officers called burgesses, whose judicial functions extended only to the discharge of those duties within the borough, ' ' which justices of the peace for the county of New Castle could lawfully do. ' ' Gray vs. The State of Delaware, 2 Har. 76 at 89. (yr. 1836) The franchise of holding a court, also existed under the letters pat- ent granted in November, 1739. Justice Harrington refers to this in the above mentioned case in the following language : These "burgesses by the same jiatent" (1739) "and also by the act of 1772, were invested with all the judicial powers, within the corpo- ration limits, of justices of the peace within the county. ' ' 93. And we do further grant for us, bur heirs and successors, to the Burgesses, freeholders and inhabitants, housekeepers aforesaid, that it shall and may be lawful for them, to as- semble themselves together within the Borough aforesaid, at such time and place, as the Burgesses herein before nomi- nated shall appoint, and then and there, by a majority of voices to elect some fitting place or places, within the said Borough, for holding of Fairs and Markets, which place or places so made choice of, being recorded by the Town Clerk, in some book by him to be kept for the recording of the transactions of the said Corporation, shall thereafter remain, for the holding of the said Fairs and Markets, without any alteration forever, which election, the principal Burgess, or on his neglect, refusal or absence, the other Burgess shall take in such manner, and at such times, as by the said Bur- gesses, High Constable and assistants shall be agreed on. And we do further give and grant, to the Burgesses and inhabitants aforesaid, that they and their successors forever hereafter may have, hold and keep within the said Borough two markets in each week, that is to say, one market on "Wed- nesday, and one market on Saturday, in every week of the year forever. Also two fairs there in every year, the first to begin on the twenty-fourth day of October next ensuing, and to con- tinue that day and the next day following, and the other of the said fairs to begin on the twenty-eighth clay of April, and to continue that day, and the next day after, and when either of those days shall happen to fall on Sunday, then the said fairs to be kept the next day, or two days following, together 12 BOROUGH CHARTER. with the free liberties, customs, profits and emoluments to the said markets and fairs belonging or in any^^^se apper- taining forever. And we do hereby further grant, and ordain, that there shall be a Clerk of the Market for the said Borough, who shall have the assize of bread, wine, beer, wood, and all other provisions brought for the use of the said inhabitants, who shall and may perform all things belonging to the office of a Clerk of the Market within the said Borough, and that Goldsmith Folwell shall be the present Clerk of the Market, who shall be removable for any malfeasance in his office by the Burgesses and assistants aforesaid and another from time to time appointed and removed, as they shall find it neces- sary. And we do further grant unto the said Burgesses, High Constable and assistants, and their successors, as much as in us is, that if any of the inhabitants of the said Borough shall be hereafter elected to the office of Burgess, Constable, or as- sistants, and having notice of his or their election, shall re- fuse to undertake, and execute that office to which he is so chosen, it shall and may be lawful for the Burgesses, High Constable and assistants then acting, to impose such moder- ate fines on the person or persons so refusing, as to them shall seem meet, so always that such fines imposed on a Bur- gess elect, do not exceed ten pounds, and the fine on the High Constable or an assistant elect, do not exceed five pounds each, to be levied by distress and sale of the goods of the party refusing, by warrant under the hand and seal of one of the said Burgesses, or by any other lawful way or means whatsoever, for the use of the said Corporation, and in any such case it shall and may be lawful for the said inhabitants to proceed to the choice of some other fit person or persons, in the stead of such -who shall so refuse ; and it shall and may be lawful for the said Burgesses, High Constable, and as- sistants, for the time being, to assemble Town Meetings as often as they shall find occasion, at which meetings they may make such ordinances and rules not repugnant to or incon- sistent with the laws of the said government as to the great- BOROUGH CHARTER. 13 est part of the inhabitants seem necessary and convenient for the good government of the said Borough, and the same rules and orders to put in execution, and the same to revoke, alter, and make anew, as occasion shall require, and also to impose such mulcts and amercements, upon the breakers of the said ordinance as to the makers thereof shall be thought rea- sonable, to be levied as above directed in case of fines, to the use of the said Borough, without rendering any account thereof to us, our successors, or to the proprietors aforesaid, their heirs or successors, also at the said meetings to mitigate or release the said fines and mulcts, upon the submission of the parties. And we further grant, that it shall and may be lawful for the Burgesses and assistants and inhabitants aforesaid, and their successors, when they shall see occasion, to erect a Court House within the said Borough. And we further will and grant, that when any doubts shall happen to arise, touching this present Charter, that the same shall, in all courts of law and equity, be construed and taken most favorably and beneficially for the said Corpora- tion. In testimony whereof, we have caused these our letters to be made patent : Witness, George Thomas, Esquire, with our Royal approbation. Lieutenant Grovernor and Com- mander in Chief of the Province of Pennsylvania and coun- ties aforesaid, under elohn Penn, Thomas Penn, and Richard Penn, Esquires, true and absolute proprietaries of the Prov- ince and counties aforesaid, the sixteenth day of November, in the year of our Lord one thousand seven hundred and thirty-nine,^ and in the thirteenth year of our reign. GEORGE THOMAS. iThese dates though seemingly inconsistent, are correct, and are to be explained by the fact that until the adoption of the new style (for the computation of time), in England, (1752), the 25th of March was New Year's day; so that the 16th day of November, 1739, was actually four months prior to the 17th day of March, 1739. 14 BOROUGH CHARTER. I do hereby certify that the above and within mentioned charter is recorded in the book M., page 350, 351, 352, 353, 354, at New Castle, in the Rolls office. Given under my hand and seal, the 17th day of March, 1739.^ WILLIAM SHAW, Recorder. iThese dates though seemingly inconsistent, are correct, and are to be explained by the fact that until the adoption of the new style (for the computation of time), in England, (1752), the 25th of March was New- Year's day; so that the 16th day of November. 1739, was actually four months prior to the 17th day of March, 1739. CHARTER OF THE City of Wilmington DELAWARE. I I CITY CHARTER. 17 PART II. Charter „ „ Act of April OF THE i3_ 1883. 17 D. L,., Chap. 207. City of Wilmington; Delaware, As Amended to March 31, 1909/ CITY LIMITS AND CORPORATE POWERS. (^) Section 1. The City of Wilmington shall be bounded (c) city limits. as follows, viz : Beginning at the Delaware river (^) at a point one thousand (1000) yards eastwardly from a stone set in the middle of the westerly bank of said river, in a line with the north- erly side of Thirteenth street extended ; thence by a line form- 1. Act of March 25, 1907. 24 D. L., 355. continues and re-establishes all the Statutes of the State of Delaware relating to the City of Wilming- ton, Delaware, not inconsistent with said Act. 18 CITY CHARTER. ing an extension of said street without any change of course thereof to the easterly side of the Brandj^^viue creek ; thence along the same about one and a quarter miles to the old ford above the head of tide-water, and continuing along said side of said creek about thirty-three hundred (3300) feet, or until it reaches a point sixty-nine hundred and sixty-eight (6968) feet (measured at right angles) from the northerly side of Front street extended westwardly; thence north fifty-eight degrees west, and parallel with Front street to a line intersecting Front street at right angles at a distance of twenty -three hun- dred and thirty (2330) feet westerly from the center of Broojne street ; thence along said line south thirty-two degrees west and parallel with Market street sixty-nine hundred and sixty-eight (6968) feet to the northerly side of Front street extended, twenty-three hundred and thirty (2330) feet west- erly from the center of Broome street ; thence continuing the same course over Front street to a point sixteen hundred and ninety (1690) feet from the southerly side thereof; thence south fifty-eight degrees east and parallel with Front street to the northerly side of the Christiana turnpike road ; thence by a line running southerly and at right angles to said turnpike to a marked stone set in the bank at tlie southerly side of Chris- tiana river; thence easterly parallel with Front street to the Delaware river aforesaid to a point therein one thousand yards from a marked stone set in the middle of the western bank of said river, and thence thereby northerly to the place of begin- Extension of ning. Extended as follows, viz : By a line beginning at a boundaries. , t • -, i> -, -r^ i- i^ i Act of Feb. stone at the westerly side oi the Brandy wine creek at the point b.' L., 451. where the northerly boundary line intersects the same ; thence easterly by a line running perpendicularly to and crossing the Wilmington and Great Valley turnpike road at right angles to a point intersected by a line running perpendicularly to the Philadelphia turnpike road ; thence by said last mentioned per- pendicular line southeasterly to a stone in the middle of said Philadelphia turnpike road about ninety feet northeasterly from Price's run; thence southeasterly and parallel to Van- dever avenue to the northerly side of the Philadelphia, Wil- mington and Baltimore railroad ; thence by a line southeast- erly and parallel to Thirteenth street to its intersection in the CITY CHARTER. 19 river Delaware with the northerly extension of the i)resent water line or front of said city, and thence thereby southerly to its intersection with the northerly side of Thirteenth street. And further extended as follows, namely: By a line hegin- ^Q^^'^^°;"g °^ ning at a point where the main roadAvay or tracks of the Phila- i^'^^ggj ^f^^^ delpliia, Wilmington and Baltimore Railroad Company inter- ^- ^^ ^•'^• sects the southerly city line ; thence southwesterly along the center of said roadway of the said Philadelphia, Wilmington and Baltimore Railroad Company to line of lands of Henry Latimer ; thence northwesterly along the line of said lands to a point where the said line extended crosses the center of the Wilmington and Newport turnpike road ; and thence in a straight line northwesterly to the corner stone w'hich marlvs the southwesterly boundary of the city of Wilmington, at the intersection of Beach and Union streets. (a) An interesting account of tlie rights, powers, duties and liabili- ties of the City of Wilmington is contained in the ease below mentioned. A few of the things said by the Court are as follows: SauJshury, Ch.: "The City of Wilmington is a public corporation. It is a municij^al corporation, which is, as we have seen, an incorporation by the authority of the State, of the inhabitants of a particular place or district, and authorizes tiiem, in their corporate capacity, to exercise subordinate specified powers of legislation and regu- lation with respect to their local and internal concerns.'' (90) And speaking of its charter, and powers in general, he says: ' ' Being the mere creature of the law, it possesses only those prop- erties which the Charter of its creation confers upon it, either expressly, or as incidental to its very existence." (88) "Its Charter, or act of right to incorporation, is in no sense a eon- tract with the State" (91), and "The Citv of Wilmington has no vested rights as against the State * * ^ " Coyle vs. Mclntire, 7 Houst. 44 at 92. (yr. 1884) Mayor and Council of Wil. vs. Ewing, 2 Penn. 66 at 99. (yr. 1899) (See paragraph 19 of this Section.) (&) In speaking of the city's corjiorate limits, &c., the Court said, specifically: Saulsbury, Ch.: The Legislature "may circumscribe or extend the limits of the corporation. It may divide the city into two, four or more cities, and give to each a separate and independent organization * * " (98), and generallv. The Legislature "may enlarge or diminish its territorial extent or its functions, " * or destroy its very existence * * *." Coyle vs. Mclntire, 7 Houst. 44 at 92. (yr. 1884) (c) The city limits are marked and embraced by natural boundaries, and courses and distances. If there be any discrepancy the law is as fol- lows: Spruance, J.: "Where a deed calls for natural and known bound- aries which are inconsistent with the description given in the deed by courses and distances, such natural and known boundaries control the boundaries bv courses and distances. But, if, on 20 CITY CHARTER. the contrary, the deed describes the land by courses and distances, and not by natural or known boundaries, the descrijjtion by courses and dis- tances is to be adopted." Nevin vs. Disharoon, 6 Penn. 278 at 281. (yr. 1907) Quillen vs. Betts, 1 Penn. 53 at 59-60. (vr. 1897) Hunter vs. Lank, 1 Har. 10. (yr. 1832) " Nivin vs. Stevens, 5 Har. 272 at 280-1. (yr. 1850) (d) One of the boundary lines, as fixed by the Legislature, carries the city limits 3000 feet into the Delaware Eiver. Our State claims, and our House of Representatives declared, "that the jurisdiction and sovereignty of this State extends over the * * river Delaware to low water mark on the Jersev shore. ' ' State vs. Morris. 1 Har. 326 at 328. (yr. 1835) A compact, or agreement, between the two States of New Jersey and Delaware, was drawn up and agreed to April 23, 1907, whereby, for fish- ery rights and the service of criminal process, the entire river, to low water mark, was treated as common property. The property rights, and claim of the States as to the land under the river were left untouched. (23 D. L. pp. 12 and 17 and appendix p. 2; 24 D. L. p. 272.) boundl,Hes.°^ [ Further extended ( « ) as f ollow.s, namely : By a line begin- lo!* 1885^^17 ning at the point Avhere the southerly side of Front street in- D. L.. 889. tersects the westerly boundary of the city, thence north 58° west, two thousand one hundred and ninety-seven (2197) feet more or less along said southerly side of Front street extended to a point where the easterly side of Greenhill avenue inter- sects the said side of Front street, extended; thence north 32° east, along said side of said Greenhill avenue and parallel to Union street, three thousand and eight hundred and twenty- eight (3828) feet one (1) inch more or less, to the southerly side of Twelfth street, extended; thence south 58° east, along said side of Twelfth street, extended, two thousand one hun- dred and ninety-seven (2197) feet to the point where the said side of Tw^elfth street intersects the westerly boundary line of the city; and thence southerly along said westerly boundary line of the city, three thousand eight hundred and twenty- eight (3828) feet, to the point where the said southerly side of Front street intersects the said westerly boundary line of the city aforesaid. All that portion of the annexed territory lying between the northerly side of Front street and the centre of Sixth street shall be included in, and form a part of, the Tenth ward, and be portions of the twenty-fourth and twenty- fifth election districts, (^) respectively, as they lay North or 1. Election districts have been changed by subsequent legislation. CITY CHARTER. ' 21 South of Second street. All that portion of the annexed ter- ritory included between the centre of Sixth and Ninth streets shall form a portion of the Fifth ward and be a part of the twelfth election -district. {^) All the rest of the annexed terri- tory shall form a part of the Seventh ward and be included in the eighteenth election district. {^) (fl) See Sec. 1, paragraph 1, "b" and "c. " Corporate Within the limits of the territory by this act included p°^'®^'s- within and made part of the City of Wilmington, the INIayor and Council of Wilmington shall be and is hereby vested with all the powers, rights, privileges and immunities which by law appertain and belong to it as a municipal corporation, and all the laws or ordinances and regulations in force A\athin the limits of the City of Wilmington, as heretofore existing, not modified or repealed by any of the provisions of this act. or which are not locally inapplicable, shall be extended («) and applied to the territory comprised within the limits set forth in this act. (a) This provision expressly extends to the new territory, "all the laws or ordinances and regulations in force in the city" at the time of such extension, &c. The principles of the common law, of course, are also applicable. For instance, if one lay out streets on a map (and record tlie same), of land adjoining a town, and the corporate limits are afterwards extended so as to take in the new land, thus dedicated, it belongs to the town, and condemnation proceedings are not necessary. "And where such lots are afterwards included in an old and adjoin- ing town by extending the corporate limits thereof, no proceedings by the corporate authorities for the condemnation of any of said streets are necessary, they are already public streets by prior dedication." (sylla- bus) Fulton vs. Dover, 6 Del. Ch. 1. (yr. 1886) Obsolete. * * # * * * * * * * * [Further extended («) as follows, namely: Beginning at the southwesterly corner of Union street and Delaware avenue, boundaries. and running thence northwesterly along the northwesterly 15^ i89i. ^19 side of Delaware avenue, extended, one hundred and eighty ' ■- " ■ (180) feet more or less, to a point in line with the southwest- erly side of Eighteenth street as laid out in the district known as the Highlands ; thence northwesterly one thousand and ten (1010) feet more or less, to the intersection of the southerly 1. Election districts have been changed by subsequent legislation. 22 , CITY CHARTER. side of Eighteenth street and the westerly side of Roekford lane ; thence northerly along the westerly side of said lane about two hundred (200) feet to the southerly side of Church lane or Nineteenth street ; thence northwesterly along the southerly side of Church lane or Nineteenth street about twenty-five hundred and twenty-five (2525) feet to a point formed by the intersection of the southerly side of Church lane with the most westerly line of the Roekford Park extended southerly across said lane ; thence north forty-one degrees and forty-two minutes east, crossing said lane and binding on lands of E. I. DuPont de Nemours & Company, eight hundred and forty feet and six-tenths (840.6) to a corner stone; thence easterly following the lines of Roekford Park and the park roadway until they intersect the line of the present boundary of the city of AVilmington upon the northerly side of the park roadway, as now laid out and determined; and thence south- erly along the present city line to the point of beginning. (a) See Sec. 1, paragraph 1, "b" and "c. " May^s^ 1891. Within the limits of the city of Wilming'ton extended by 19D. L., 436. ^Yiia act, (*) the Mayor and Council of Wilmington shall be Corporate vested with all power, rights, privileges and immunities which powers. before this time belonged to them as a municipal corporation, and all the laws, ordinances and regulations in force within the former city limits, and not locally inapplicable, shall be Proviso as to extended («) and applied to the new territory comprised within park lands, ^j^g bouiiclaries as set forth in the first section of this act. Pro- vided, That the park lands and the park roadway included within said boundaries shall be subject to the jurisdiction of the Park Commission in like manner as is by law provided with respect to lands now held and owned by the said city for park purposes. (a) See Sec. 1, paragraph 3, "a." Obsolete. *********** ward°^ '^^ "^^^^ ^^^^' territory hereby added to the said city (except- ing the park lands) shall be a part of the Seventh ward there- Proviso as to ^f Provided, however, That all expense incurred in the sur- expense in ) } t- surveying, yeying of Said annexed territory for the purposes of establish- CITY CHARTER. 23 ing grades and street lines upon the land through which streets or avenues shall be opened or extended shall be borne by the owners therein.] [Further extended («) as follows, namely : Beginning at a Extension of '- . ■ ' 7 >. o o boundaries. point in the centre of the Philadelphia and Wilmington turn-Act of April pike road and also in the centre line of a new street or road called Eastlawn avenue, laid out through lands now or formerly of George W. Talley, deceased; thence by the centre line of said Eastlawn avenue, south thirty-three degrees east, four thousand six hundred and twenty-five (■4625) feet pass- ing through lands of said George W. Talley, deceased, and land of the Philadelphia, Wilmington and Baltimore Railroad Company, to the middle of Shellpot creek ; thence down the middle thereof by its various courses to the present line of the City of Wilmington ; thence northwesterly by said city line to a point where it intersects the centre line of the Concord turn- pike road or Elliott avenue extended; thence by the centre line of said Concord turnpike road or Elliott avenue extended, north one-quarter of a degree west, five hundred and seventy (570) feet to the centre line of the Baltimore and Philadel- phia railroad; thence northerly by the centre line of said rail- road one thousand five hundred and ninety (1590) feet to a stake; thence south thirty-six degrees east, four thousand two hundred and fifty-seven (^4257) feet to the centre of the Phila- delphia and Wilmington turnpike road, and thence thereby southerly thirty (30) feet to the place of beginning. (a) See Sec. 1, paragraj^h 1, "b" and "c. " Within the limits of the City of Wilmington extended by this Act, (*) The Mayor and Council of Wilmington shall he ^*p^j,jfj^4*^ j°g^93 vested with all power, rights, privileges and immunities which corporate before this time belonged to them as a municipal corporation, p°^^^"^- and all the laws, ordinances and regulations in force within the former city limits, and not locally inapplicable, shall be ex- tended («) and applied to the new territory comprised within the boundaries as set forth in the first section of this Act. (a) See Sec. 1, paragraph 3, "a." * Obsolete. 24 CITY CHARTER. ward°^ ^^^ "^^^ ^^'^^ territory hereby added to the said City of Wil- mington shall be a part and parcel of the Ninth ward thereof.] powerf *^ Within the limits of the City of Wilmington, established by this Act, The Mayor and Council of Wilmington shall be vested with all power, rights, privileges and immunities which before this time belonged to them as a municipal corporation ; all the laws, ordinances and regulations in force within the former city limits, not modified or repealed by the provisions of this Act and not locally inapplicable, shall be extended («) and applied to the territory comprised within the boundaries set forth in this Act. (fl) See Sec. 1, paragraph 3, "a." boundaries °^ [Further extended («) as follows, namely: Beginning at a ^*^* ms'^^^'^o Po^^t where the northeasterly' boundary line of the City of D. L.. 161. Wilmington intersects the northerly side of Wooddale avenue extended at right angles to Thirty-second street, as laid down on the city map ; thence northeasterly along the northerly side of Wooddale avenue extended at right angles with Thirty-sec- ond street as aforesaid, twelve hundred and twenty (1220) feet to a point ; thence southeasterly by a line measured at right angles to the first described line, crossing the Philadel- phia and Wilmington turnpike road at a point about six hun- dred and thirty (630) feet east of the present city line at in- tersection of Market street and Eastlawn avenue, to a point M^here it intersects the present city line at or near the Philadel- phia, Wilmington and Baltimore railroad; thence northwest- erly along said present city line by its various courses to the place of beginning. (a) See Sec. 1, paragraph 1, "b" and "c. " Within the limits of the City of Wilmington, extended by Aprifl9,i895. this Act, (*) The ]\Iayor and Council of Wilmington shall be ■ ■' ■■ vested with all power, rights, privileges and immunities which of"^city^'^au"- before this time belonged to them as a municipal corporation, tended*^ to '^^' and all the laws, ordinances and regulations in force within toiT. ^^^^' the former city limits, and not locally inapplicable, shall be ex- CITY CHARTER. 25 tended («) and applied to the new territory comprised M'ithin the boundaries as set forth in the first section of this Act. (a) See Sec. 1, paragraph 3, "a." The real estate by this Act (*) added to and included ,,, . , . *' ^ ^ _ f*) Act of within the city limits, and all persons now or hereafter resid- April 29,1 895. ino- within said new boundaries, shall be subject to assessment . '^ _ ' " _ A.ssessment for municipal taxes in the same manner and subject to the of taxes, same rights, rules and restrictions as in other cases within the said city; provided, the real estate by this Act added to and included within the city limits and all persons now or here- after residing- within said new boundaries shall be subject to assessment for municipal taxes in the same manner and sub- ject to the same rights, rules and restrictions as in other cases within the said city. («) *********=::- * '* * * The new territory hereby added to the said City of Wilmington shall be a part and parcel of the Ninth Ward thereof ***************] (a) The part omittted in this provision related to taxation at a spe- cial rate, and different from the rate fixed for other ])roperty in the same class. The constitutional provision as to uniformity of taxation re- pealed it. Spruance, J.: "Section 1 of Art. S of the Constitution provided that ' ' All taxes shall be uniform upon the same class of subjects v^ithin the territorial limits of the authority levjdng the tax, and shall be levied and collected under general laws. * * The said provision of the Constitu- tion was self-executing, and projirio vigore annulled the said act of 1897, which was inconsistent, and in direct conflict, with the said provision." Monaghan vs. Lewis, 5 Penn. 218 at 224. (yr. 1905) And when the Constitutional provision worked the repeal, Sec. 80 of the Charter (relating to taxation) at once became effective. * ' It cannot be objected that the annulling of said act * * by the operation of the Constitution, would have left the territory covered by said act without provision for taxation, as there was then in force, a gen- eral law providing for the taxation of real estate in the City of Wilming- ton (City Charter, Sec. 80) " id. 224. And as to the claim that the exemption was a vested right, &c., the Judge said : ' ' The exemption of real estate within certain bounds from taxation at a rate exceeding one-foitrth of the regular rate, given by the act of 1897, was not a vested right, and was not founded upon contract, but was a pure gratuity which cotild be revoked by the Legislature at any time. ' ' id 223. [Further extended («) as follows, namely: Beginning- fit ^^^gj^^gj^^^ ^^ the intersection of the easterly side of Greenhill avenue with the Act'of^Mav southerly side of Twelfth street extended; thence northeast-^ ^l^^'268*' 26 CITY CHARTER. erly to the northerly side of Kennett turnpike ; thence along the northerly side of said Kennett turnpike to its intersection with the easterly side of Eising Sun lane, in Christiana hun- dred; thence northerly along said easterly side of Rising Sun lane, aforesaid, continued in a straight line to the middle of Brandywine creek; thence along the middle of Brandywine creek by the several courses thereof, to the point where said line intersects the present city line, which crosses said Brandy- wine creek at or near the mouth of Crooked run ; thence along the present city line to the place of beginning. (a) See See. 1, paragraph 1, "b" and "c." AVithin the limits of the City of Wilmington extended by of^^city*^au-^ this Act. (*) The Mayor and Council of Wilmington shall be tended^^o ' ' vcstcd with all powcr, rights, privileges and immunities which toiT'. ^^^^' before this time belonged to them as a municipal corporation, (*) Act of and all the laws, ordinances and regulations in force within the 20^D. L.. 268! former city limits, and not locally inapplicable, shall be ex- tended («) and applied to the new territory comprised within the boundaries as set forth in the first section of this Act. (fl) See Sec. 1, paragraph 3, "a." New terri- "^^^^ ^'^^^ estate by this Act (t) added to and included to^ mun^cfpai within the city limits, and all persons residing now or here- taxation. after witliin said new boundaries, shall be subject to assess- Mavi''^is95 iiient for municipal taxes in the same manner and subject to 20 i). L.. 2G9. ^i-^Q same rights, rules and restrictions as in other eases within the said city; («) ************* (a) See Sec. 1, paragraph 12, "a." New terri- The new territory hereby added to the said City of AA^il- tory part of ./ ^ Seventh mington shall be a part of the Seventh ward of said city, and ward and of ■- ^ p • Thh^d as- g, part of the Third assessment district of the Citv of Wilmmg- sessment '■ " district. ton, for the purpose of assessment and collection of taxes for county purposes.] CITY CHARTER. 27 [Further extended («) as follows, namely : Beginning- at j^^^^t^^l'o^gO' the point where the southerly side of Lancaster avenue iiiter-^^ct^of^Maj^ sects with the easterly side of Greenhill avenue ; thence north 58 "^^ ^■' -^i- degrees west, ten hundred and twenty (1020) feet more or less along said southerly side of Lancaster avenue extended to a point where the westerly side of Cleveland avenue intersects the said southerly side of Lancaster avenue extended ; thence north 32 degrees east, along said side of Cleveland avenue and parallel to Greenhill avenue, nineteen hundred and ten (1910) feet more or less to the southerly side of Seventh street ex- tended; thence south 58 degrees east, along said side of Seventh street extended, nine hundred and sixty (960) feet more or less to the point where said side of Seventh street ex- tended intersects the westerly side of Greenhill avenue ; thence north 32 degrees east along the westerly side of Greenhill ave- nue, two thousand and four hundred (2-100) feet more or less to the northerly side of the Kennett turnpike road; thence thereby easterly sixty (60) feet more or less to the easterly side of Greenhill avenue; and thence south 32 degrees west, along said easterly side of Greenhill avenue, four thousand and three hundred (4300) feet more or less to the northerly side of Lancaster avenue and place of beginriing. (a) See Sec. 1, paragi-apli 1, "b" and "c." Within the limits of the Citv of Wilmington extended by city control and govern- this Act, (*) The Mayor and Council of Wilmingtoii shall be ment ex- ' ^ '^ '' . . tended to vested with all poAver, rights and privileges and immunities new teni- ir ? o i o ^ ^ tory. which before this time belonged to them as a municipal corpo- ^^^ ^^ ration, and all the laws, ordinances and regulations in force May 25, isn. within the former city limits and not locally inapplicable, shall be extended («) and applied to the new territory comprised within the boundaries as set forth in the first section of this Act. (a) See Sec. 1, paragraph 3, "a." The real estate bv this Act (t) added to and included subject to .... city taxa- withni the city limits and all persons now or hereafter residmg tion. within said boundaries shall be subject to assessment for (i) Act of . May 25, 1898. municipal taxes in the same manner and subject to the same 21 d. l., 242. rights, rules and restrictions as in other cases within said city. 28 CITY CHxVRTER. Division of new terri- tory among wards. All that portion of the new territory hereby added to the said city lying south of Sixth street shall be a part of the Twelfth ward thereof, all that portion hdng between Sixth street and Ninth street shall be a part of the Fifth ward there- of, and all that portion lying north of Ninth street shall be a part of the Seventh ward thereof.] («) (a) The above constitutes the present corporate limits of "The Mayor and Council of Wilmington. ' ' A slight repetition showing to what extent it is merely the creature of the Legislature, may here be given : Spruance, J.: ' ' The Mayor and Council of Wilmington is merely an agency instituted by the State for the puri^ose of carrying out in detail the objects of government. It is essentially a re- vocable agency. It has no vested (interest in) any of its powers or fran- chises. Its claarter " * * is in no sense a contract with the State. It is subject to the control of the Legislature, who may enlarge or di- minish its territorial extent or its functions, and may change or modify its internal arrangement or destroy its very existence at discretion. ' ' Mayor and Council of Wil. vs. Ewing, 2 Penn. 66 at 99. (yr. 1899) Corporate name and authority. Sec. 2. The style and name of the corporation of the said city shall be "The Mayor and Council of Wilmington ;" («) and by that name they shall be and are hereby made able and cap- able in law to have, take, purchase, receive, possess, enjoy and retain. (^) to them and their successors, lands, tenements, hereditaments, goods, chattels and effects, of what kind, nature or quality soever, and the same to sell, grant, demise, alien or dispose of, to sue and be sued, (<^) implead and be impleaded, answer and be answered, defend and be defended, in all courts of law and equity or any other place whatsoever, and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure, and generally to have all the privi- leges and franchises incident to a corporation or body poli- tic. {(1) . . («) Saulshury, Ch.: "The style and name of the corporation is "The Mayor and Council of Wilmington," and it is declared by its Charter, that, by that name, they shall be, and are hereby made, able and capable in law, to have, take, purchase," &e. Coyle vs. Mclntire, 7 Houst. 44 at 90. (yr. 1884) ' ' The Legislature can change the name and style of the corporation, and even of the city itself, without the consent, and even against the will of the inhabitants, ' ' &c. id. p. 98. (b) "The uses for. which the corporation may acquire and hold projjerty must, necessarily, we think, be public uses, ' ' &c. id. p. 94. "The municipality may hold property, in which all the inhabitants of a State, or of a county, may be said to have an interest in some re- CITY CHARTER. 29 spect, but not as owners or projirietors. And it may also hold property in which the inhabitants of the municipality alone may properly be said to have an interest. Both classes of property are public. The one as to the people of the whole State or county, the other more particularly as to the inhabitants of the municipality. * * * Although the jiropeity held for the municipality is in fact public as common to all the inhaln- tants of a city, it nevertheless may justly be said to bo private i)roperty, as being such property as is exempt from being taken or applied to any other public use by the State, or by authority of the State, without com- pensation being made. ' ' id. p. 95-96. (c) In a suit brought by the city, it was held that the City Treas- urer could not make an alMdavit of demand. Mayor and Council of Wil. vs. Hedges & McClung, 5 liar. 421 at 422. (yr. 1853) (It would seem that it is otherwise, now, by Sec. 4, p. 790, Eev. Code.) The city, like an individual, maj' sue and be sued, but the Legislature may exempt it from liability for damages arising from injuries received from defective conditions of sidewalks, where the same were not caused by the city or any of its authorized agents. In such cases the Court said : ^Spruance, J.: "The plaintiffs have no vested right to sue the city," and the liability ' ' imjilied by law from the duty im- posed by law, ' ' may be removed. Mayor and Council of Wil. vs. Ewiug, 2 Penn. 66 at 105. (yr. 1899) (See Sees. 119-120 and 121 of the Charter.) And the city is not subject to garnishment. Boyce, J.: " We say to you that persons holding property or money * " under public authority, such as * * public officers and municipal corporations, are not ordinarily subject to garnishment. ' ' Eossell vs. Bartram, 1 Penn. 242 at 244. (yr. 1898) The Court referring to this case, in a later case, said: Lore, C. J.: "Garnishment will not lie against one holding as city agent, money due a municipal commission appointed in its behalf. ' ' Farmers Bank vs. Ball, St. Treas. 2 Penn. 374 at 377. (yr. 1900) In the above case Eossell had been paid money by the city for a commission. The question was, did he hold the money as agent for the city, or as agent for the conuuission. If for the city he could not be garnisbeed. Nor can the city be sued, or its property be affecte 1 by a mechan- ic's lien. Execution process will not lie against a city. Lore, C. J.: " This is not the ascertainment of the amount of the liability on the part of a municipal corporation for its own debt, but it is the special condemnation of the particular piece of property in execution, a proceeding in rem as it were. It is sought here to extend the remedy to municipal property. This the courts will not do, unless it is expressly provided for in the statute. ' ' Emory & Co. vs. Com. of Laurel, 3 Penn. 67 at 69. (yr. 1900) Quinby & Co. vs. Wilmington, 5 Houst. 26 at 31. (yr! 1875) In the above cases the town of Laurel and the city of Wilmington had work done on its water works and city mill, respectively. The per- sons who furnished materials to tlie contractors endeavored to collect tlieir money by entering a mechanic's lien against the buildings. The Court held it could not be done. The city cannot be sued for salary by one not in possession of office (there being a de facto incumbent) until he first, at least, establish liis right to the office by quo warranto jiroceedings. Lee vs. Wilmington, 1 Marv. 65. (yr. 1894) (See Sec. 108 of the Charter.) 30 CITY CHARTER. The jihrase, "to sue and be sued," does not give the city the right to bring a criminal prosecution in its own name. Dover vs. Tawressey, 2 Marv. 285 at 28S. (yr. 1896). (See See. 15, paragraph 4, " a. " ) (d) This section (Section 2), is practically the life of the corpora- tion. Saiihbury, Ch.: "It is because it is a body politic, and has a legal entity and name and a seal by which it can act," * * and "the capacity to contract and be contracted with, to sue and be sued, to hold and dispose of property. It is because it has this capacity and these powers that it can acquire rights and incur responsibilities. ' ' Coyle vs. Mclntire, 7 Houst. 44 at 92. (yr. 1884) CITY OFFICERS. City officers. Sec. 3. The city officers shall be a Mayor, a Council to be 19*^^ 1889. ^18 composed of [one member] from each ward of said cit}', a President of said Council who shall be ex-ojficio a member and the presiding officer of said Council, a Treasurer, an Auditor, a Solicitor, a High Constable,^ two Assessors who shall also be Collectors, ********** and such other officers as the Council by ordinance shall create and appoint. («) {a) The Court: "Public olKces in this country are created solely for the public good, and not for private emolu- ment or benefit, and the tenure of them can in no case be considered or treated as the private property of the incumbent to be bargained for and sold as such. ' ' Any deal made concerning an office is void. Stroud vs. Smith, 4 Houst. 448 at 450. (yr. 1872) These and other municipal offices can be abolished, any time, at the will of the Legislature. SanJshury, Ch.: "All the agencies of the city, that is of the cor- porators, can be abolished or changed, at the will of the Legislature, and even their functions terminated and assigned to other and different agencies. ' ' Coyle vs. Mclntire, 7 Houst. 44 at 98. (yr. 1884) State ex rel McVey vs. Burris, 4 Penn. 3, at 4 and 5. (yr. 1901) Board°^^How [There shall also be an Advisory Board consisting of the of'^ApHi^?^ Presidents of all the follo^vang Departments of the city, viz: L^!'^307."° ^' Water Department, Street and Sewer Department, Park De- partment. Police Commission, Board of Health, and including also the President of the Board of Public Education in Wil- mington, and of such two members of the Council as shall be chosen bv the Council. — both of whom shall not be of the same 1. The duties of the High Constable are now performed by the Chief of Police. See Police Commission Act. CITY CHARTER. 31 political party. All elective and appointive officers of the city ,^e^e°ii||]fie shall be eligible to re-election or re-appointment respectively as the case may be.] Sec. -1. No person shall be eligible to any office who is not, Eligibility. at his election, a citizen of the State and a resident (") of the city. The Mayor must have resided in the city two years next before his election. A member of Council must also have re- .^ . , Residence. sided in the city two years before his election, and must addi- tionally be, at the time of his election, a resident in the ward in which he is elected and a freeholder in the city. (a) It is often a difficult matter to determine whether a person is, or is not, a ' ' resident. ' ' T]ie Court : One ' ' cannot have two homes at the same time. When he acc|uires another, he loses that home which he has exchanged for the new one. * * Doniieil, or residence, in a legal sense, is determined by the intention of the party. ' ' State vs. Frest, 4 Har. 558. (yr. 1844) No ordained clergyman, or ordained minister of the gos- P^^'^.^y,"?^" ^•' ' ^ ineligible. pel of any denomination, shall be eligible to any office estab- lished under or by virtue of this Act. («) (a) Our State Constitutions, up until 1897, contained a provision practically similar to the above. The Constitution of 1897 omits all ref- erence to it. About 1840, one John Hagany, a minister, claimed he was elected City Treasurer of Wilmington. The question was, whether the office of ' ' City Treasurer ' ' was a ' ' civil office in this State. ' ' The Court held it was not; in other words it held the constitutional provision did not apply to municipal offices. The reason given for the exclusion, from office, of ministers of the gospel, is as follows: Harrington, Justice.: "The principle which this clause of the con- stitution is supposed to announce is, that or- dained clergymen shall not be employed in administering the government. It doubtless grew out of a wise determination to keep the affairs of the church separate from affairs of State, and by excluding from public office ministers of the gospel, to exclude also, any improper influence from that source on public affairs. ' ' State vs. Wil. City Council, 3 Har. 294 at 302. (yr. 1840) (See Sec. 32, note "b" of the Charter.) Sec. 5. Every officer of said city, before he enters upon Oath of the duties of his office, shall take an oath, or affirmation, to sup- port the Constitution of the United States, and the Constitu- tion of the State of Delaware, and that he will perform the duties of the office to which he has been elected, or appointed. 32 CITY CHARTER. Act of April ^rith fidelity. («) [Such oath or affirmation may be adminis- D. L^ S84. tered bv the Citv Judsje, or bv any officer authorized under the By whom ad- " - ^ t . , ministered, i^ws of this State to administer oaths or affirmations.] (a) This oath is similar to the one contained in Art. XIV of the Constitution of our State, except that the constitutional oath concludes as follows: "According to the best of my ability." In the case of State vs. Matlack et al. 5 Penn, 402, it was contended that the constitutional oath applied to all ' ' jjublic officers. ' ' The Court, without deciding the matter, admitted, in evidence, the Primary election law oath, 420-422. The oath in See. 5, above, is the oath that should be administered to all municipal officers. The law is briefly stated, as fol- lows : Harrington, Justice.: "the Constitution nowhere descends to no- tice a corporation officer. Such an office forms no part of the system of government," &c. State vs. Wil. City'Council, 3 Har. 294 at 302. (yr. 1840) Nicholson, Ch.: "It cannot be doubted, as a general proposition of law applying to the construction of statutory and constitutional provisions alike, that the words "offices" or "officers" taken by themselves, in a statute or Constitution, mean State or county * ' offices " or " officers ' ' only and cannot be construed to mean the of- fices or officers of municipal or other corporations, unless there be lan- guage expressly or by necessary implication extending their meaning to corporation officers. ' ' State vs. Churchman, 3 Penn. 361 at 365. (yr. 1902) See the case of Huey vs. Richardson, 2 Har. 206. (yr. 1837) MAYOR. Sec. 6. [At the city election to be held on the first Satur- day in June, A. D. 1907, and on the same day in every [sec- Act of ]Vl3.rcli ' 25, 1907. 24 ondP («) vcar thereafter, the qualified voters of the City of D. L. 344. J \ / - ; J. Act of March Wilmino'tou shall vote for a Mayor who shall be elected by a plu^ 25 1907. 24 . ... D.' L., 35G. rality of all the votes cast in the several election districts. The election. Mayor shall hold office for the term of two years commencing on the first day of July next succeedino: his election. The sal- ary of the Mayor shall be two thousand dollars per annum, payable in the same manner as other cit}^ officials are paid.] Salary c^,) rpj^^, q^^^^^ jq Banc, on June 7, 1910. decided that the Act of March 25, 1907, 24 Del. Laws, p. 356, was void, because the aye and nay vote did not appear upon the Journals of the respective Houses of the Legislature. (The note, referring to the appendix, is self-explanatory.) Eash vs. Allen (yr. 1909) App. Dock. 317 and 387. Ross vs. Allmoncl (yr. 1909) App. Dock. 318 and 388. (A dissenting opinion, on the above point, was rendered in the above cases.) The Mayor, under the Charter of 1832, was appointed by ' ' The Council. ' ' Mayor and Council of Wil. vs. Horn, 2 Har. 190. (yr. 1837) 1. See memorandum in the appendix, page 3, note 1. this volume. Term CITY CHARTER. 33 Sec. 7. The INIayor is hereby constituted a conservator of the peace within the said city, and it shall be his duty to take Duties. care to have the laws and ordinances of the said city faithfully executed. [For the purpose of enforcino- the faithful execu- '- i:- f 3 ^^^ Qj March tion of said laws and ordinances, and of obtaining' any mior- -5, i907. 24 ^ . . ". .' D. L., 344. mation concerning matters affecting the municipality, the j\Iayor shall have power and authority, in any inquiry or in- Powers, vestigation which he may institute, to compel the attendance of witnesses and the production of necessary books and papers, at any time and place within the city he may designate. He may issue subpoenas and attachments, signed by himself, to compel the attendance of such witnesses and the production of any and all such books and papers, which such subpoenas and attachments shall be served and executed by any police officer of the city. If any person so summoned as a witness shall re- fuse to testify to any facts within his knowledge, or to produce the books in his custody or possession, or under his control, re- quired in such inquiry or investigation, the Mayor shall have power to commit such Avitness for contempt. All witnesses in any such inquiry or investigation shall be examined under oath to be administered by the j\Iayor, and any false answer or statement made under oath by any such witness at such in- quiry or investigation shall be deemed perjury, and shall be punished accordingly. The expenses of any such inquiry or investigation shall be paid by The Council upon bills pre- sented to such body, approved as correct by the ^Nlayor.] He shall have the custody of the seal of the corporation and the seal °*^^° right of affixing the same. («) (a) The Mayor is simply the custodian of the seal of the corpora- tion. If ' ' The Council, " or a co-ordinate branch of the municipality make a contract, it is the Mayor's duty to sign the contract, and affix the corporate seal to it, no matter what he may think of it. Lore, C. J.: "As the ordinance vests in ' ' The Council ' ' the exclu- sive right to * * award these contracts, and the function of tlie Mayor in signing and affixing the seal of the city is mere- ly ministerial, we think he ought to do it. * * The Mayor is not to undertake to decide between parties what is legal or illegal. ' ' McCormick vs. Fisher, .5 Penn. 273 at 276. (yr. 1903) In the above case ' ' The Council ' ' made a contract for the collection and removal of garbage. Mayor Ksher refused to sign it, and the Court ordered him to do it. Shortly after the above decision, the Water Department made a con- tract with the United States Sand Filtration Company, and the Mayor re- 34 CITY CHARTER. fusing to sign it, he was mandamused, and ordered by the Court to do so. (the case is unreported.) United States Sand Filtration vs. Bird (yr. 1904) App. Dock. p. 225. May take acknowledg ments, etc. Fee. Sec. 8. The Mayor shall have power to take and certify under his hand and seal of office, the acknowledgment of deeds, and letters of attorney, and the private examination of mar- ried women, parties to such deeds, in like manner as a judge or notary public may do ; for which service he shall receive a fee of seventy-five cents, and no more, whether there be one or more parties to the deed. Solemnizing marriages. Sec. 9. The ]\Iayor shall also have authority within the city, in like manner as a preacher of the gospel, to solemnize marriages, («) and shall keep a like register, and certify an ex- tract therefrom to the Recorder of New Castle County in like manner, and shall receive the same fee, and be subject to the same penalties touching the solemnization of marriage, and keeping a registry thereof, as is a preacher of the gospel under the existing, or any subsequent laws of this State. (a) In case of void marriages by the Mayor, the only remedy is the Legislature. The Court: "The Legislature has the power to declare what shall be valid marriages. They can annul marriages already existing — a fortiori, they can render valid marriages, which, when they took place were against law. They can exercise the power of mar- riage, or delegate it to others. The whole subject is one of legislative regulation. ' ' Moore vs. Whitaker, 2 Har. 50 at 51. (yr. 1S36) (See p. 3, note 2, Appendix.) In absence Sec. 10. In casc of the tcmporarv absence of the Mavor or disability " p p " of Mayor, from the citv, or temporarv disability to perform the functions President of * »' x- Councii shall of liis officc, the President of Council shall, during the con- act. . . . tinuance of such absence or disability, assume and discharge the duties of Mayor pro tempore, with all the powers and au- thorities of the jMayor for the time being. In case of the in- ability of the President of Council to act as ]\Iayor pro tem- pore, Council shall make appointment of a JMayor pro tem- pore from the members of Council to act during such tem- porary- absence, or inability to act, of the said Mayor. CITY CHARTER. 35 Sec. 11. In case of the death, removal from the city, men?s"made resignation, or refusal to act, of the Mavor or anj' other elec- 1'^ T,?""*^'' ° ' ' " *' to fill va- tive officer of said city, or in case of the removaP of any mem- cancies. ber of Council out of the ward for which he was elected, the Council shall make temporarj^ appointments to supply such vacancies until the same can be filled by election under the provisions of this Act. Such election shall be for the unexpired Elections. term of such officer, and shall take place at the first city elec- when hem. tion occurring more than nine days after the commencement of such vacancy, unless such vacancy shall occur in the last 3'ear of the term of said officer, in which case the temporary ap- pointment of Council shall be for the unexpired term of said officer, and until his successor shall be duly elected and quali- fied. The provisions of this section shall apply to any elective office to which a person who has been elected thereto shall be found ineligible, or shall fail to give bond for the faithful per- formance of the duties of his office (when such bond is re- quired by laAv) before the time fixed for entering upon the duties of his office. («) (a) The phrase "before the time fixed for entering upon the duties of his office, ' ' in reference to the giving of bonds, is the language almost invariably used in connection with our municipal offices. The intent seems to be, that where a bond is required, it must be given before the time fixed for entering upon the duties of the office. In the absence of such an intent the law seems to be as follows: ' ' Provisions in statutes for the taking of official bonds are directory only, and not conditions jirecedent to the exercise of the office, unless ex- pressed to be such. ' ' Pickering vs. Day, 2 Del. Ch. 333 at 334. (syllabus) (yr. 18G6) (The above phrase is construed in the above case on pjj. 379-385.) Sec. 12. The seal now used as the seal of office of the said Seai. Mayor shall continue to be used as such until the same shall be changed, altered, or renewed by the Council. Sec. 13. The JMavor mav be removed bv a vote of two- Removal of Mayor. thirds of the whole Council after a fair and impartial trial upon which he shall by such trial be found guilty of the charge 1. A member moving out of the ward from which he was elected shall thereby lose his office and the City Council shall fill the vacancy. See Act April 6, 1893, 19 D. L. 989, Sec. 12. 36 CITY CHARTER. or charges preferred against him. The reasons for the removal shall be entered on the journal. («) (a) Eemoval undei' the above section lias reference to wrong doing. Liability is not snpposed to attach where one acts in good faith and ac- cording to one's best judgment, especially when concerned in planning or doing something for the improvement or good of the city. Comegys, J.: " The City of Wilmington can by itself (it being a mere public cor^joratiou or municipal body) do noth- ing towards deciding upon or making any improvement whatever. It acts, however, through agents in making its decisions as to action. It is they who represent the city, exercising its public functions through their own discretionary judgment. They are not liable for any error of judg- ment," &c. Harrigan vs. Wilmington, 8 Houst. 140 at 143. (yr. 1888) Huey vs. Eichardson, 2 Har. 206. (yr. 1837) Act of March [All appointments to office which the JNIavor, bv law now 05 1907 24 * ' b.' L., 347. " or hereafter may have power to make, shall be subject to con- firmation by The Council, by a majority vote of all the mem- bers elected thereto. Appointments not acted upon by The poihtments Council within ten days after the same are made and sent to firmed by The Council sliall be valid without confirmation. And if The Council should act adversely upon two successive appoint- ments to any .office, the Mayor shall have power to make the third appointment in accordance with existing law.] MUNICIPAL COURT. Sec. 14. From and after the first day of June, A. D. 1883, Court. there shall be and is hereby established within the said city a court of record and of law which shall be known by the name, style and title of "The Municipal Court for the City of Wil- mington," («) and it shall be the duty of the Governor, before the first day of June aforesaid, to appoint (^) and commission a City Judge, (c) who shall have power and authoritv to hold Governor to ^ r- 5 \ / 1 . appoint City and keep said court of record. No person shall be eligible to the Judge. ^ ^ • ■- .^,. ., .,.^ office of City Judge unless he be a man learned in the law, and Eligibility. ^ ^ of at least seven years standing as a practising attorney in the Superior Court of this State. The City Judge shall hold his Term. officfc for the term of twelve years, unless sooner removed by the General Assembly, (f^ Upon his appointment he shall take oa^h of of- the oath of office prescribed by Article VIII of the Constitu- Act of March ^^^^ ^^ ^^^^^ State. [The terms of said court shall commence d'l ^3^4^4 ^^ ^^ ^^^ ^^^^ Monday of each and every month, and the sessions CITY CHARTER. 37 of the said conrt during any term may be adjourned or other- ^ou^t^ °^ wise continued from time to time as public business may re- quire. Provided, nevertheless, and it is hereby expressly made the duty of the City Judge to so regulate the said court, that there shall be sessions of the same on every Monday, Wednes- day and Saturday evenings throughout the year after the hour of seven o'clock.] It shall be the duty of the Council of said city, and the same is hereby authorized and directed, immedi- ately after the passage of this act, to provide some suitable place in the city hall, or such other place as the Council shall provide, for the holding of said Municipal Court, and all ex- penses of said court for books, records, writs, and other papers necessary for the said court shall be paid by the Council upon a bill presented to the same, verified by the affidavit of the City Judge, and shall be paid in the same manner as other bills against said city are now paid. ***** (a) TTolcott, Cli.: "By Section 14 of the charter a municipal court is created, ' ' &c. Mayor and Council of Wil. vs. Yandegrift, 1 Marv. 5 at 13. (vr. 1893) Nicholson, Ch.: "The Municipal Court is a statutory tribunal, pro- vided for in the charter or organic act of the City of Wilmington, being Chap. 207, Vol. 17, Del. Laws, * * passed April 19, 1883." State vs. Churchman, 3 Penn. 361 at 362. (yr. 1902) Spruance, J.: "The Municipal Court for the City of Wilmington was established by an act of the General Assembly, passed April 13, 1883, being Chapter 207 of Volume 17, Laws of Dela- ware. The said Court was created pursuant to Sections 1 and 15 of Ar- ticle 6 of the Constitution of 1831," &c. Zuchowski vs. State, 3 Penn. 339 at 340. (yr. 1901) The present Municipal Court is practically the same as the old "Mayor's Court." (The Mayor's Court consisted of "the Mayor, Alderman, and Presi- dent of the City Council.") 8 D. L., p. 102, Sec. 17. Nicholson, Ch.: "In fact, the only important differences seem to be the name of the Court, the title of its Judge, and the method of his appointment. It is the Municipal Court for the City of Wilmington, instead of the Mayor's Court," &c. State vs. Churchman, 3 Penn. 361 at 370. (yr. 1902) The Municipal Court was established in 1883, the Mayor's Court in 1832. but both under "Sections 1 and 15 of Article 6 of the Constitution of 1831." Harrington, Justice: "The origin of the Mayor's Court, under that name * * is admitted to be under an Act of Assembly, entitled, "A supplement to the act entitled an act to alter and re-establish the charter of the borough of Wilmington," passed at Dover, Jan. 18, 1832' (8 Vol. 97.") 38 CITY* CHARTER. Gray vs. The State of Delaware, 2 Har. 76 at 88-89. (yr. 1836) State vs. Churchmau, 3 Penn. 361 at 366. (yr. 1902) And this Mayor's Court simiily received by the Act of 1832 an "en- largement" of judicial i>owers, which had been vested in the corporation of Wilmington from colonial days. Harrington, Justice: "though it should be conceded that the Court, as a. Mayor's Court, under its enlarged juris- diction and new name, is established by the Act of 1832, it is only by the increase of powers of officers existing before the constitution * * which from time immemorial were, as to all matters arising within the corporation limits, justices of the peace." id 93. "The corporation of Wilmington enjoyed by patent dated in 1739 the right to elect two burgesses and six assistants, * * * which bur- gesses, by the same patent, and also by the Act of 1772, were invested with all the judicial powers, within the corporation limits, of justices of the peace within the county. ' ' id 93. (&) Grubh, J.: "Under and by virtue of this constitutional pro- vision contained in Section 15, Article 6, of the late Constitution, the statute of 1883. Chap. 207, Vol. 17, Laws of Dela- ware, and the acts amendatory thereof, created the said Municipal Court for the City of Wilmington, authorized the appointment of its Judge by the Governor, ' ' &c. Forbes & Hartman vs. State, 2 Penn. 197 at 199. (yr. 1899) The Governor appoints under the Act of 1883 ; the Council appointed under the Act of 1832, viz the Mayor, the Alderman and President of Council. Nicholson, Cli.: "It is the Municipal Court for the City of Wil- mington, instead of the Mayor's Court; its Judge is called the City Judge and he must be appointed by the Governor, in- stead of being chosen bv the city. ' ' State vs. Churchman, 3 Penn. 361 at 370. (yr. 1902) The appointment of the City Judge of the Municipal Court does not have to be confirmed by the Senate. NicJwlson, Cli.: "It is considered by this Court that the appoint- ment of the plaintiff to be City Judge of the Mu- nicipal Court for the City of Wilmington was a valid appointment with- out confirmation bv the Senate, ' ' &c. State vs. Churchman, 3 Penn. 361 at 376. (yr. 1902) (c) The Judge of the Municipal Court may be a public official, but he is a municipal and not a State officer. Layton, Justice: "Corporate officers are not State officers, other- wise bv exjiress provision of the Constitution. ' ' State vs. Wilmington City Council, 3 Har. 294 at 310. (yr. 1840) Harrington, Justice: "For these are not officers, either of the State or countv, but of the corporation, ' ' &c. Gray vs. The State of Delaware, 2 Har. 76 at 93. (yr. 1836) Nicholson, Ch.: "In view of all the considerations adduced, we are brought to the conclusion that the word ' ' officers ' ' in the appointing clause of the Constitution of 1897 applies to State and county officers only, and not to the officers of a municipal corporation, and also that the City Judge of the Municipal Court for the City of Wil- mington is an officer of a municipal corporation." > f Constables, out of Said Municipal Court, or by the judge thereof, to prop- erly execute the same ; any failure so to do, and any failure to obey the lawful conmiands of said court, or to perform any duty by law or ordinance of said city imposed, relating to, or in connection with said court or municipal judge, may be pun- ishable as a contempt of said court, and in case of the High jud e of Constable, or other City Constable of said city, he may be sus- court^may pendcd from his office for a period of not exceeding thirty contempt. days, in the discretion of said judge, during which time he shall receive no pay or compensation from said city; in such case the clerk of said court shall certify to the City Auditor Duty of ^^'^ ^^^y Treasurer the name of such officer so suspended, and Clerk. ^]^Q time and period of his suspension.] Act of March C^^^ prosecutions brought in said court or before the City is'd ^l/' 344 J^^^® fo^ breaches of any of the municipal laws, ordinances or CITY CHARTER. ' 45 regulations of said city, shall be in the name of "The Mayor and Council of AVilmington."] {«) (a) Prosecutions for criminal offenses forbidden by a town charter are within the general criminal jurisdiction of the State, and in the ab- sence of express or implied authority in the Charter to prosecute in the name of the city or town, the prosecution must be in the name of the State. The town of Dover brought an action in its own name for ob- structing the streets. The Court held the prosecution should have been in the name of the State of Delaware. Lore, C. J.: "We can find in said section, na express or implied au- thority for the town of Dover to proceed * in its own name. Such authority manifestly does not rest in the general corporate powers contained in the Charter to sue and be sued, plead and be impleaded, &c., terms quite uniformly used in describing the pow-ers of all corporations, and if it exists at all, must be looked for elsewhere. * * In the absence of such authority the prosecution should have been in the name of the State of Delaware, under Sec. 25, Art. 6 of the Constitution, which is in the following words, viz : ' ' The style of all process and pub- lic acts shall be The State of Delaware. Prosecutions shall be carried on in the name of the State. ' ' Dover vs. Tawressey, 2 Marv. 285 at 288-9. (yr. 1896) [It shall be the duty of every Justice of the Peace, or ^i^S^sVr^'"'''^ other conunitting- magistrate, whenever any person is before "^^ ^' """"' '^"'°' him charged with any criminal matter or offense properly cog- ?ustice°^o/'^^ nizable in the Municipal Court of the City of Wilmington, to ^^^ ^^^''^■ inquire into the same, and if he shall find that there is prob- able ground for the charge, he shall hold the person accused to to hold ac- bail for his or her appearance at the evening session of the said ^"^® *° ^^ ' IMunicipal Court, ^ («) not more than four daj^s distant from said hearing, and in default of bail, the person accused shall commitment be committed to the custody of the High Constable of the City °^ of Wilmington to await such session. All bail bonds shall be forwarded to the Clerk of the ]\Iuuicipal Court within two days after the said hearing, and everj^ bail bond and commit- ment shall have indorsed upon the same an itemized statement costs en- of all costs which may have accrued up to that time, and the commitment. same shall be taxed as costs against the accused in any judg- ment or sentence which may be pronounced against such ac- cused in the said Municipal Court ; provided, nevertheless, that the judge of said court shall have power to strike off any portion of said costs which shall be illegal or which he shall deem unnecessary.] (a) A Justice of the Peace adjudged one "guilty of a nuisance by 1. See paragraph one of this Section. 46 CITY CHARTER, wilfully trespassing upon the premises, " of a person in Wilmington. The case was taken to the Superior Court on the ground that, ' ' under the Charter of the City of Wilmington creating the Municipal Court, the sole and exclusive jurisdiction of the offense was vested in that Court." (380) The Court said : Lore, C. J.: " Let the judgment below be reversed, on the ground that the Municipal Court has exclusive jurisdiction to try nuisances committed in the City of Wilmington. ' ' State vs. Greenwood, 2 Penn. 379 at 380. (yr. 1900) Mode of trial. Sec. 16. Prosecutions in the said Municipal Court shall be by information, without indictment by grand jury or trial by petit jury. («) (a) Grubb, J.: "Under and by virtue of this constitutional pro- vision contained in Section 15, Article 6, of the late Constitution, the statute of 1883, Chap. 207, Vol. 17, Laws of Dela- ware, and the acts amendatory thereof, created the said Municii^al Court for the City of Wilmington, authorized the appointment of its Judge by the Governor, and empowered it to try, among other matters, and upon information, and without indictment and trial by jury," &c. Forbes and Hartman vs. State, 2 Penn. 197 at 199. (yr. 1899) Under the old Mayor 's Court of 1832 the manner of trial was as above. The Council, by ordinance, (pursuant to authority contained in its Charter) passed an ordinance to that effect, and the Court declared it had a right to pass such an ordinance. Gray vs. State of Delaware, 2 Har. 76 at 94-96. (yr. 1836) In a later case, the Court, in referring to it said: Harrington, Justice: "It Avas not a delegation of the legislative power of the State to enact in the City Char* ter, that the Mayor "s Court should have power to try such cases ' ' with or without trial by jurv, as should be pjrovided by the ordinances of said city. ' ' Rice vs. Foster, 4 Har. 479 at 496. (vr. 1847) In the ease of State vs. Moore, 2 Penn. 299 at 321 (yr. 1899), which was a case where the defendant was tried by the Court of General Ses- sions by information and A\dthout the intervention of a jury, for violating Sec. 7 of Art. 5 of the Constitution, relating to bribery, the Court held that there was ' ' due process of law, ' ' and that such a method of trial was valid. Solicitor prosecuting tjfRcer. Appearance fee. . Sec. 17. The Solicitor of said corporation for the time being, shall be ex-of]icio the prosecuting officer in said ]\Iunici- pal Court, («) provided that the Attorney-General of the State shall have the right to prosecute in person, or by his deputy ; and there shall be taxed for the appearance of said City Solici- tor a fee of two dollars, payable into the city treasury as pro- vided in Section 27. (a) See Sec. 40 of the Charter. CITY CHARTER. 47 Sec. 18. The City Judge shall appoint a suitable person ^^^^.^ ^^ to act as Clerk of the said ^lunicipal Court, who shall hold his ^^,X4';'p^^ said office of clerk at the pleasure of the said judge. The said j~,^^.jgg clerk shall have care of the records («) of said Court and the records of all proceedings had before said City Judge, and he shall receive all fees, lines and costs arising out of any pro- ceedings had in said court, or before said judge, and shall pay the same over as is hereinafter prescribed by law. [He shall f^^jg^g^g^^"^^^ before entering upon the duties of his office give bond to The ^^ ^- ■""■' ^^■^• Mayor and Council of Wilmington in the sum of three thou- Bond, sand dollars, with sufficient surety to faithfully execute all the duties of the said office during his continuance therein, such bond to be approved by the City Judge, and should such clerk so appointed fail to give bonds as required within ten days from the date of his appointment, the City Judge to make a new appointment.] (a) The records should be gotten up with care, though the Court will presume regularity, in case of doubt. If a commitment does not show the judgment found by the Judge of the Municipal Court, yet, it will be presumed that the Judge did his duty, and followed the law, in re- gard to it, and vague testimony will not be permitted to impeach the record. Grubb, J.: ''The Municipal Judge, being a sworn judicial officer' * * and having made out the commitment," it will be presumed that he "performed his duty * " and followed the law and obeyed the law. * * And * * vague and immaterial testi- mony ' ' will not be permitted ' ' to impeach or contradict what the record froin the Count below slioiws, and the just, fair and legal inferencei which" one would ' ' draw from it. ' ' In re Phillips Petit, 5 Penn. 133 at 137. (yr. 1904) In a civil action for assault and battery, it was held one could not offer in evidence to mitigate damages, a certified copy of the record of a criminal prosecution in the Mayor 's Court in Wilmington, against the de- fendant, for the same assault and battery, and his conviction, sentence and fine. The Court: "It was not the record of a suit between the same parties, and was therefore, not admissible. ' ' Keller vs. Taylor, 2 Houst. 20. (yr. 1858) . Witness fees. Sec. 19. The fee for the attendance of a witness m saia court, provided the witness is an inhabitant of said city, shall be fifty cents per clay^ In all other cases and for all other ser- vices, the fees shall be the same as are provided for like ser- vices by Chapter 125 of amended Revised Code. (") (a) See note to See. 25 of the Charter in regard to the law in gen- eral, in reference to the payment of witness fees to j^ublie oflicials who testify in behalf of the body they represent or serve. 48 CITY CHARTER. Act^o|_^ April j-^ij witness fees which shall hereafter be paid to the isD. L.. 360. Clerk of the Municipal Court, and not claimed by the persons Unclaimed entitled to the same within thirty days from the time said fees witness fees, gome into the hands of said clerk, shall be forfeited to the city, and paid by said clerk into the city treasury.] Certiorari. Recog- nizance. Appeal. gEc 20. There shall be no appeal from said ]\IunicipaI Court to the Court of General Sessions of the Peace and Jail Delivery, except in the case hereinafter provided ; but the pro- ceedings of the said ^Municipal Court shall be subject to re- vision by the Superior Court in and for New Castle County upon writs of certiorari, («) and after its judgments shall be affirmed, or reversed, the said Municipal Court may proceed to execution, or otherwise, as shall according to law appertain ; provided that before the issuing of such writ of certiorari the party applying for the same shall enter into a recognizance (^) to The Mayor and Council of Wilmington, in a penalty and with surety to be approved by the Prothonotary of said Superior Court, and with condition that the said party, so applying for the same, shall prosecute said writ with effect, or otherwise that he will in all things abide the judgment of the said ]\Iu- nicipal Court if he shall fail to make his plea good, or the same be affirmed by the Superior Court ; which recognizance shall be entered upon the docket succeeding the entry of the certiorari and shall be a part of the record of the same. (a) In certiorari to the Superior Court to test the jurisdiction of the Municipal Court, the Court will examine the act to see if it confers juris- diction in express language, and if the act was passed by the requisite vote to make it binding on the city, viz, a two-thirds vote. Spruance, J.: "It will be observed that the said Act of February 22, 1901, does not expressly confer upon the said Municipal Court jurisdiction of the offense," " " and "said act does not appear to have been passed with the concurrence of two-thirds of all the members elected to each House as required by Sec. 30, Art. 4 of the Constitution," &c. Zuchowski vs. State, 3 Penn. 339 at 341. (yr. 1901) (b) The law calls for a "recognizance," not a bond. See the case of Fletcher vs. Mayor and Council of AVilmington, in Sec. 23 "b" of the Charter. Sec. 21. Upon an information in the ^Municipal Court ^"f for a nuisance (other than a nuisance against the public , lane, ^ . health) affecting the public streets, lanes, or alleys of the cit}-. Nuisance affecting street or alley. CITY CHARTER. 49 if the party against whom the same is filed shall, by affida\dt, claim a right of property iu that part of the street, lane, or^^8|it^of alley, in which the offence is alleged to have been committed, either in himself or those nnder whom he holds, and shall also aver, in the said affidavit, that the said claim of property is made in good faith for the purpose of defense and not for de- lay, proceedings in said court shall be stayed, and the clerk shall forthwith transmit to the Clerk of the Court of General gion^^^'Vec- Sessions of the Peace and Jail Delivery in and for New Castle of "^^cenerar^ County a copy of the record, under the seal of the Municipal sessions. Court, to be filed in the said Court of General Sessions, and thereupon the case shall be proceeded in at the next term of the said court upon the information set forth in the copy of the said record, in like manner with like effect as upon an in- dictment for the like oft'ense. Sec. 22. Before staving proceedings under the foregoing Recog- * ^ ^ . nizance. section, the Municipal Court shall cause the party against whom the information is filed, to enter into a recognizance to the State of Delaware to appear in the said Court of General Sessions, at the next term thereof, and plead to the said in- formation. Sec. 23. Upon failure of a defendant to satisfy any court may judgment which may be rendered by the Municipal Court ^^g^^*' against him for the violation of a city ordinance, it shall be Avithin the discretion of the ^Municipal Court to commit the de- fendant to the custody of the High Constable until the judg- ment shall be fully satisfied ; but any person so comrnitted may, within three days thereafter, appeal («) from any judgment so Right of ap- rendered against him to the Superior Court for New Castle ^®^'' County. Such person appealing shall enter into recogni- zance (^) with sufficient surety in such sum as the saidMunici- surety. ■ pal Court shall determine, conditioned for the due prosecution ■ of the appeal and for the payment of any judgment which may B be rendered in said court against the appellant or his execu- m tors or administrators. The filing of a transcript, modes of ■ trial, and forms of proceedings shall be as in cases of appeal B from the judgment of Justices of the Peace, (c) L (a) An appeal opens up the whole case anew, but it must he ihat 50 CITY CHARTER. case. In an action in the Superior Court for damages, a witness testified that the driver of the defendant had been arrested and tried before the Municipal Court for reckless driving, and thereupon, in cross-examination the witness was asked: "What was done with the charge?" (67) Sprnance, J.: "It has nothing to do with this case. It is not ma- terial what the magistrate" (Judge of Municijial Court) "did or did not do, upon that charge, and we rule the cpiestion out. ' ' Price vs. Warner Co., 1 Penn. 462 at 467. (vr. 1S99) Keller vs. Taylor, 2 Houst. 20. (yr. 1858) (b) The law calls for a "recognizance." A bond will not do. The Court decided this point in the case below cited. Fletcher vs. Mayor and Council of Wilmington, (vr. 1906) App. Dock. 174. (c) On appeal to the Superior Court one should file the same kind of a paper, as was filed in the Municipal Court. Lore, C. J.: " The Court is clear that an information, such as filed in this case, conforms to the nature of the proceedings below, and also in this Court, and that it is the proper paper to file in contemplation of the statute in that behalf. ' ' Pratesi vs. Mayor and Council of Wil., 4 Penn. 258 at 259. (yr. 190.3) (In the above case in the Municipal Court, an information was filed for violating an ordinance, — obstructing a street.) Seals of Sec. 24. The said City Judge shall, immediately upon his City *judge. appointment, procure, or cause to be procured, a seal for said Municipal Court, and a further seal as City Judge, with suit- able designs ; and said seals shall be the seal of said court and the seal of the said City Judge, respectively, until altered or renewed by the Council at the request in writing of said City Judge. The cost of procuring the said seals shall be paid by the Council when certified to be correct by the said City Judge. Witness fees ^EC. 25. All f CCS for the attendances for the prosecution in any criminal case or proceeding had in the said Municipal Court in which it shall be determined by the said Court that the said case or proceeding ought to be dismissed as against the defendant therein, shall be paid out of the city treasury ; provided that nothing in this section shall authorize the pay- ment of witness fees («) to any person who shall at the same mTment°^ time be a High or other City Constable. The payment of such fees shall be by a warrant of the Clerkof said Court, directed to the City Treasurer, setting out the case in which, and the per- son to whom, such fee is due, and such warrant shall be signed by the Judge of said Court and approved by the City Auditor. The said warrant shall be made payable to the person to whom such witness fees are due. (a) In regard to officials of a defendant public corporation, who at- tend as witnesses in a suit against the corporation, obtaining witness CITY CHARTER. 51 fees, when they have no private interest in the case, the Court said : Lore, C. J.: "The Trustees of the Poor are not private parties; they are public officers, and vse do not see why they should be precluded from payment for their attendance upon tliis Court. * * This is not a private corporation, but a public corporation, where they are performing a public duty, and whether the person is the Presi- dent or the Secretary, or whether he is only one of the Trustees, it mat- ters not. ^ * They have no j^rivate interest in this action. ' ' Taylor vs. Trustees Poor, N. C. Co., 1 Penn. 247 at 248. (yr. 1898) Sec. 26. The City Judge is hereby constituted a conserv- ^f°[\^|^''4*°g'' ator of the peace within the City of Wilmington, and shall have power as a committing magistrate, to commit for trial at Powers. the proper court all persons charged with a breach of any of the laws of this State, or with a breach of any of the laws, or- dinances, regulations or constitution of the City of Wilming- ton. He may also punish b}^ fine, not exceeding ten dollars, all breaches of the peace committed within said city, punishable by any law of this State and not herein made cognizable by the Municipal Court for said city, where the offense is not of a high or aggravated nature, if, after a hearing, he shall be sat- isfied that the case ought not to be submitted to a higher juris- diction ; otherwise he shall commit or bind the defendant for his appearance at the proper court to answer the charge, and shall also bind the witnesses for their appearance, and may re- quire surety of them if necessary. The fees to be charged for Fees, services under this section, shall be the same as those author- ized to be charged by Justices of the Peace in like services, and shall be collectible in like manner, for the use of the city, as executed, provided in Section 27. The process issued by the said City Judge, sitting as a committing magistrate, shall be the same as is issued by Justices of the Peace in like cases, and all such process may be directed to the City Constables and shall be executed by them in like manner as process issued out of the said Municipal Court, and any failure to properly execute said process shall be punishable by said City Judge as a contempt. Sec. 27. The same f ees,^ costs and charges which in any J,fstt.*^°'^ °^ similar proceeding are now taxable for the services of the Mayor or any Justice of the Peace, shall be taxed for the ser- See Sec. 47. 52 CITY CHARTER. Clerk to make out itemized statements monthly. Contents. Payment to City Treas- urer. Judge may take ac- knowledg- ments, etc. Fee. vices of the Judge of the said Municipal Court, and all fees, costs and charges which are so taxed, and all fees, costs, and charges, including the fee for the attendance of the City Solici- tor, together with witness fees for the services or attendance of any High or other City Constable in said court, shall be and are hereby made payable into the city treasury ; («) and it shall be the duty of the Clerk of said court to make out. by the first Tuesday of every month, a detailed statement of the causes tried in the said Municipal Court during the month last past, having set out therein an itemized account of all fines, costs, charges and fees by this act made payable into the city treas- ury and in his hands, which statement shall be approved by the City Auditor. Upon such approval the said clerk shall forthwith pay into the hands of the City Treasurer all such fines, fees, costs and charges in his hands. (a) See note to Sec. 2.5 of the Charter in regard to -u-itness fees of public officials, TS'ho attend Court as witnesses for the corporation. Sec. 28. The said Judge of the jMimicipal Court shall also have power to take and certify under his hand and the seal of the Municipal" Court, acknowledgments of deeds, mortgages, and letters of attorney, and the private examinations of mar- ried women, parties to such deeds and mortgages, in like man- ner as a Notary Public may do ; for which duty there shall be charged a fee of seventy-five cents, and no more, whether there be one or more parties to the deed, and such fees shall be paid to the clerk for the use of the city. Act of March 25. 1907. 24 D. L., 345. Council, how composed. Act of March 25. 1907. 24 D. L., 356. Term of of- fice. President. Election of members. COUNCIL. Sec. 29. [On and after the first day of July, A. D. 1907, The Council shall consist of a President of Council and twelve other members. («) At the city election to be held on the first Saturday in June, A. D. 1907, and every [second] (^ ) year there- after, there shall be elected, a President of Council and twelve members of Council, for the term of two years commencing on the first day of July next succeeding said election. The Presi- dent of Council shall be the presiding officer, and a member of said Council and shall be elected from the city at large by a plurality of all the votes cast in the several election districts of CITY CHARTER. 53 the city. One member of Council shall be elected from each ward of the city by a plurality of all the votes cast therein.] (a) "The Council" is the mere creature of the Legislature, and it may change or abolish its powers or transfer them at will to whom it may please. SaitJsbury, Ch.: "All the agencies of the city * * can be abol- ished or changed at the will of the Legislature," kc. * " "The Legislature can divest the Council of any and every power and authority it possesses. It can direct that those powers should be exercised by any other department or agency of the city government, and it could even direct that the functions now performed by the City Council should hereafter be performed by a like number of any other corporators of tlie citv. Coyle vs. Mclntire, 7 Houst. 44 at 98. (yr. 1884) (&) In regard to the provision that elections should be held every ' ' second ' ' year, see note " a, " Section 6, of the Charter. Sec. 30. The Council shall hold a meeting for organiza- Meetings, tioii, [on the first day of July next ensuing the city election, iQ^sidf^^^^^ or if that day falls on a Sunday, then on the Monday follow- 1^^- ^^ ^^S- ing;] and shall further meet at least once in every month at such time or times and place as it shall appoint. Special meet- meTthigs. ings («) may be called by the Mayor upon his own motion, or ^^'^ "^^i^®*^- shall be called at the request of five members. The sittings of sittings pub- the Council shall be public. It shall be the judge of the elec- ^j^- jts'^mem- tion returns and qualifications of its members, and of all offi- ^^''^• cers of the corporation. (^) It shall choose its officers except Avhere otherwise provided for in this charter. It shall determine R^iel^ Ind the rules of its proceedings and keep a journal (^) of the same. Jo^^^i- (fl) Ordinances may be passed at "special meetings." See para- graph 2, note "c" of this section. (&) Notwithstanding this provision "The Council" can be man- damused to judge according to law. , Layton, J.: "although " ^ the act of incorporation declares that the City Council 'shall be the judges of the elec- tion returns and cpialifications of their o"mi members, and of all other of- ficers of the corporation, ' yet this jiower is vested in the City Council, to act within the legitimate scope of their authority. It is not a question of mere discretion, independent of a right of review by the Superior Courts of law, for an unjust and illegal exercise of this power vested in the corporation by law. ^ " will it be contended for a moment, that this Court, in the exercise of this extraordinary power, cannot look be- yond the mere fact of decision by the City Council into the justice and legality of that decision? Could it have been the design of the Legis- lature to vest in this corporation the power to do an act of gross injus- tice, inconsistent with the rights of the corporators * " without sub- jecting their ;;njust and corrupt decision to the supervision of the Su- perior Court, in conformity to the principles of the common law, under and subject to which the corporation accepted its charter? So gross a 54 , CITY CHARTER. proposition need only to be properly stated to be unhesitatingly repu- diated." State vs. Wil. City Council, 3 liar. 294 at 309. (yr. 1840) A writ of certiorari will also lie from the Superior Court to ' ' The Council," (in case of a contested election fight before the Council,) to send up the record, to ascertain if The Council has jurisdiction in the matter. It was contended that the above provision making The Council's decision final (Act of 1845) took from the Superior Court any former right it might have had by a prior statute. The Court said a certiorari was a common law writ, and that the authority to issue it was both a con- stitutional and a statutory right, primarily a constitutional right, — and tMat since 1831 it has been clearly a constitutional right, and this right, of course, could not be taken from it by the said Act of 1845 — the above provision of the Charter. Eash vs. Allen (yr. 1909) App. Dock. 317 and 387. Eoss vs. Allmond (jr. 1909) App. Dock. pp. 318 and 388. (The contest was under Sec. 27, Act of 1893.) In case of a contest for a seat in Council, the new or incoming Coun- cil, and not the old and retiring body, is the one to hear and pass upon the qualifications of its members. Willis vs. Eoss. (yr. 1906) (c) This is, perhaps, directory, only. Elliott et al vs. Council Newark, 8 Del. Ch. 64 at 80. (yr. 1896) (Decision by Nicholson, Ch.) A delay of 4 years in recording an Ordinance in the Ordinance Book did not affect its validity, id 80. Act of April [On and after the first day of July, A. D. eighteen hun- 19, 1889. »? J ) o 18 D. L., 885. dred and ninety, seven members shall constitute a quorum («) Quorum. to do all business ; but until said last mentioned date, twelve] members shall constitute a quorum to do all business. No ordi- nance (^) shall be passed without the concurrence of a majority of all the members of the Council and unless it shall have had at least two reading's at a previous stated meeting or meetings (^) Repeal. nor shall any ordinance be repealed unless notice shall have been given and entered on the journal (^0 of the Council at a stated meeting, that at the next succeeding stated meeting an Ayes and Ordinance woulS be introduced for such repeal. All questions "°®^- shall, upon the call of two members, be taken by ayes and noes, Election of whicli shall be entered upon the journal. (^) All elections for officers. officers to be appointed b}" the same, shall be by ballot and by a majority of votes of all the members of the Council. (a) Seven constitutes a quorum, and a majority of that quorum may transact business, and do all acts, except where the Charter requires a different number. Bayard, C. J.: "It follows, therefore, that as ttis was a corporation election, in which, by the rules of the common law, it requires a viajority to make a choice," &e. State vs. Wil. City Council, 3 Har. 294 at 301. (yr. 1840) "In other words * * a major part of the whole is necessary to Ordinances. CITY CHARTER. 55 constitute a quorum, and a majority of the quorum may act." I Dillon, Munic. Corps., Sec. 28.3. "Thus * " if the body consists of twelve common Councilmen, seven is the least number that can constitute a valid meeting, though four of the seven (the seven being dulv assembled and i^resent) may act." id. 278. McQuillen on Munic. Or'd's., Sec. 105. (b) Booth, C. J.: "An ordinance * * is but a law of the city. The making of it is the exercise only of the law-making power of the city, ' ' &c. Eice vs. Foster, 4 Har. 479 at 497. (yr. 1847) (c) If an ordinance be read twice at a "previous stated meeting," and be passed at a subsequent ' ' special ' ' meeting, (notice being given as to why the special meeting was called) it is valid. Elliott et al vs. Council Newark, 8 Del. Ch. 64 at 79. (yr. 1896) (Decided by Nicholson, Ch.) (d) This requirement evidently is mandatory, and to render the or- dinance valid, should be complied with. The failure to enter the aye and nay vote upon the journals of the two Houses of the Legislature, as re- quired by the Constitution of our State, was held to render a law passed by the Legislature, void. Eash, r. b. vs. Allen, a. b. (yr. 1909) App. Dock. 317 and 387. Eoss, r. b. vs. Allmond, a. b. (yr. 1909) App. D. 318 and 388. (e) This provision should also be followed, but, it is submitted, in view of the decision of the Court in Banc, in the cases above, in note " d, " that it is directory only. Legislative Sec. 31. The members of Council shall constitute the leg- branch. islative bodv of said citv, and shall be denominated, when as- Powers. sembled. "The Council." («) The Council shall have power to enact ordinances (^) to preserve the health (^) of the citv. and Prevention . . . ' of diseases. to prevent the introduction of infectious or contagious diseases, for which purpose its jurisdiction shall extend to any distance within one mile of the limits of the city. The Council may also Nuisances. pass ordinances to define and remove nuisances ; {(^) to ascertain and fix the boundaries of streets, scpiares, lanes and alleys, or^^^'^^^^- to repair and amend the same, and provide for the paving thereof, or to edter, exteiuL or widen auy street, square, lane, or Ascents and alley, or open and lay out new ones, subject to the provisions ^'jj h four, "a," of the Charter.) Sec. 67. Whenever any extraordinary appropriation shall be made by the Council, the amount so appropriated shall be paid out of the taxes, rents, or receipts of the fiscal year then current, if the same shall be sufficient ; and in case the amount of any extraordinary appropriation shall be in excess of the taxes, rents, or receipts of the city for the fiscal year in which such extraordinary appropriation shall be made, such excess shall be provided for and included in the appropriations made and taxes levied for the succeeding fiscal year. To meet any extraordinary appropriation under this section, the Coun- cil may temporarily borrow from the banks, or other sources, such sums as may be needed for such purpose without incurring the penalties provided for under Section 71 subsequent. CITY CHARTER. 77 Sec. 68.^ * * ****** * Repealed by- Act of April 7. 1909. 25 * * * * * * * * * * * *D. L. 315. Sec. 69. The Clerk of the Council shall publish, in two Publication newspapers of said city, a copy of the ordinances making ap- priation or- „ , ' -11 • i? dinances. propriations for the year, together with the estimates tor tne year, immediately after such ordinances are pa&sed, and in like manner a copy of any ordinance making additional ap- propriations ; and for default in the performance of this duty he shall forfeit and pay a fine of fifty dollars. Sec. 70. Upon all questions before the Council touching Ayes and ^ '■ noes on bor- the borrowing of money, the vote shall be by ayes and noes, rowing ° ■ . ^ •/ money. and shall be entered upon the journal ; but The Mayor and Council of Wilmington shall not haye power or authority to borrow money for any purpose whatever except in such cases as are or may be expressly authorized by law. Sec. 71. ( « ) The funded debt of said city shall not exceed the Extent of ^ ^ - limitation in sum now authorized by law (^) except [In the manner follow- borrowing, ing: The Council, by ordinance, may borrow^ money and issue :^<=t^of^^i'^h negotiable bonds to secure the same, in the name of The Mayor -^ d. l. 350. and Council of Wilmington, to an amount, inclusive of the pres- ent bonded debt, not exceeding in the aggregate ten per centum of the assessed valueoftherealestateof said city, such value to be based on the City Assessment last preceding the borrowing of said money ; provided said ordinance be passed by a vote of a majority of all the members elected to the Council, and.be Two-thirds approved by the Mayor. Should such ordinance be vetoed by J°ry "o *^pass the Mayor, then and in such case said ordinance may be passed over^MaTor's over said veto by a vote of two-thirds of all the members ^'^^°- elected to the Council ; provided that when the sum to be bor- proviso. rowed shall exceed Fifty thousand dollars in any one fiscal dances to'^be year, said ordinance shall not be operative until approved by ^.'g^g^of %eo- a majority vote of the votes cast by the qualified electors at the p'^" 1. For appropriations to Fire Companies in force prior to April 7. 1909, see Appendix. For authority to make contracts with Fire Companies see page 553 of this volume. 78 CITY CHARTER. city election subsequent to the passage of said ordinance, or at a special election to be held expressly for said purpose in such manner as the Council shall by ordinance direct. The quali- fications of the voters at such special election shall be the same as required of voters at the preceding general citj^ election ; and the qualification to vote on such ordinance at any general city election shall be the same as other qualified voters at such election. The said Council, however, is hereby given express authority, to borrow, in any one fiscal year, for such munici- bon-ow' ^^^ P^l purpose or purposes as it shall deem proper, a sum not ex- iny*^one"'ear. ceeding Fifty thousand dollars, by ordinance passed by a vote Vote neces- of two-thirds of all the members elected to the Council. Should ordinances.^^^ such last mentioned ordinance be vetoed by the Mayor, then it maj'' be passed over his veto by a vote of three-fourths of all the members elected to the Council, and it shall not be neces- sary to hold any such special or general election therefor. The bonds*° ^^^"*^ ^^^"^ ^*-* borrowed shall be secured by the issue of negotiable bonds in the name of The ^layor and Council of Wilmington. power^^uf '^ Such power to borrow any sum or sums not exceeding in the to aff^t"° aggregate Fifty thousand dollars in anj' one fiscal year shall thorization. not atfect, or be affected by the provisions of any section of the Charter other than the said Section 71, and such power in particular, shall be no limitation upon any existing provisions in the charter or laws of the municipality, or special acts of the General Assembly of the State of Delaware, inclusive of those Nor affect passcd at the present session of the General Assembly, relative present is- to the borrowing of money by The Council, and The ^Maj^or sue. and Council of Wilmington. The provisions of this section shall not apply when it may he necessary to borrow money to refund or redeem city bonds which may, from time to time mature, but in such cases the Council may borrow money to re- fund and redeem the same, by ordinance passed by vote of a majority of all members elected to the Council, and such ordi- Money so nanccs need not be approved bv the Mavor. All moneys bor- borrowed, . . ' . how to be rowed under the provisions of this section shall be paid off in used. accordance with the plans or provisions of the Sinlving Fund Act, or in the manner prescribed by ordinance authorizing the CITY CHARTER. 79 borrowing- of said money. But this act shall in no wise be con- strued to amend or repeal, "An Act to authorize The IMayor and Council of Wil- mington to borrow money for the curbing, guttering, grading, widening, paving and improving of the streets and avenues and the building of sewers and conduits in the City of Wil- mington, Delaware," approved March -Ith, 1907] and the said funded debt being so limited, (<^) The Mayor and Council of Wilmington, or the Council of Wilmington, shall have no power or authorit}', to borrow money, or contract or create any debt or liability, or to make any ordinance for borrowing money or contracting or creating debt or liability, (except ordinary debts and liabilities in the common course of carrying on the work and business of the said city, to be paid out of the taxes, rents. or receipts of the year for the time then current,) and if the said debts and liabilities shall not be so paid, the same shall bind the members of Council for the time then being, per- sonally, other than those shown by the journal of the Council rpolsfbiiitr to have been absent or to have voted in the negative when the °l cm^cu.'^ ordinance, order, or proceeding under which the debt or liabil- ity arose was passed, or had, making them jointh'' and sever- ally Responsible ; and any member of Council who shall vote to borrow any money, or contract any debt or liability contrary to the provisions of this section, shall be deemed guiltj^ of dere- liction in duty and shall thenceforth be deemed and be incap- able of holding any office of honor, profit or trust under this ^ act or created by or existing under any law of the State of Delaware. (a) A decision of the Court would be useful iu ascertaining the clear meaning of this important Section. (b) The object of this provision was, and is, to make ' * The Council ' ' meet the expenses of a fiscal year out of the revenues of that same fiscal year, and not add to the funded debt of the city. In the year 1873 The Council was about to purchase park lands and pay for them partly in cash, and the balance by obligations covering a period of 8 years. A re- straining order was obtained and the matter was dropped. * ' The legal- ground'' upon which objection was made was: "The creation of the debts and liabilities for the purchase of such lands was in violation of the express provisions of the Cliarter of the city, and the supplements and 80 CITY CHARTER. amendments to the same limiting the amount of the deht of said city which might be lawfully created, contracted or incurrred by it." Attorney General vs. Wil., 4 Del. Ch. 57.5 at 579. (yr. 1873) (This reference clearly refers to the above Section.) (c) This Section was held applicable to the Water Department in- the case below cited, and the Court said : Gruhh. J.: "Section 12" (of the Water Department Act) "was enacted in contemplation of, and in accord with, the fol- lowing provision of Section 71 of the Wilmington City Charter of 1883: ' ' The funded debt of said city shall not exceed the sum now au- thorized by law," (S:c. (quoting about one-half of said Section). "Hence, the purpose of Section 12 was to relieve the Board, as the agent of the city, of this limitation of said Charter provision," &c. Weldin vs. Wilmington, 3 Penn. 472 at 483. (yr. 1902) minution of Sec. 72. When any part of the said funded debt is re- whoie is dis- deemed, there shall not. on that account, be any addition to said debt on any pretense whatsoever unless authorized by the General Assembly. Init the said debt shall decrease, by regular Proviso. diminution under such redemption, until the whole shall be Calamity to discharged. Provided, that if. throu^'h calamity or casualty, City Hall or i / \ " ' i fin Water the City Hall, or the W ater W orks. («) or any part thereof, shall be destroyed, or injured beyond the available means or ability of the city treasury at the time to repair or replace. The Mayor and Council of Wilmington, under authority of an ordinance of the Council to be passed with the concurrence of three- fourths of all the members, shall have power to borrow, on Authority to temporary loan, a sum to be specified in such ordinance for re- borrow to . . ' replace pairing or replacing the property or work iniured, or making property. ic-±_±i. J7>_ a suitable substitute therefor, which sum shall be applied to that purpose and no other, and shall be payable in such time, times, or manner, as the ordinance shall prescribe. (a) See note "c"' paragraph 2 of Section 71, in which it is shown that the sinking fund provision applies to the Water Department. ASSESSMENT AND COLLECTION OF TAXES. ^ , . . Sec. 73. The President of ''The Council," the Chairman Board of As- sessment, of the Finance Committee of the said Council together with CITY CHARTER. 81 [the Building Inspector of the City of Wilniington shall con-^-<^tjO^^^P'''' stitute the board of assessment, revision and appeals.] («) ^^ t>. i^. 348. (a) This Board exercises three separate and distinct functions: It is a Board of Assessment till the assessment is completed — Jan. 2nd ; It is a Board of Eevision from Jan. 2nd till Feb. 20th ; It is a Boai-d of Appeals all during the month of April; And lastly, it may assess property that has not been assessed up un- til the day of the city election. Sees. 81 and 82. It has charge of the school assessment. Sec. 83. [See Act of *********** April 17, 18S5. 17 D. L. 901.] Sec. 76. The said board of assessment, revision and ap- Power.s of peals, or a majority of them, shall determine and do any of the Board. the acts hereinafter mentioned.^ They shall exercise a general and supervisory power over the Assessors and Collectors for the city, and shall cause them to make a faithful, full, fair and complete assessment of all the property in their respective dis- tricts liable to taxation, as hereinafter provided. The said Board may adopt such rules («) and regulations as they may deem expedient to produce fairness, equality and completeness of assessments, and shall have full jiower, at any time, to ex- amine the assessments while the Assessors and Collectors are making them, and cause them to be conformed to such rules and regulations as the said Board may have adopted in the premises. (a) A "rule" has a well defined meaning, as has also an "order;" one is general, the other specific. An ' ' order ' ' is not a ' ' rule. ' ' Wolcott, Ch.: "A rule to be valid must be general in its scope, and indiscriminating in its application." Morris et al vs. Pilot Coms., 7 Del. Ch. 136 at 137. (yr. 1894). Syl- labus. Sec. 77. [There shall be elected^ at the city election in Assessors the year 1907, and in every [second] («) year thereafter, two As- fo"l ^e°ec-" sessors and Collectors for the City of Wilmington for the term ^ct of March of two. years each, one of whom shall reside in and be voted ^|' j^^^^- g^^ for] and elected in and for that portion of the city north of Act of March Sixth street, the other one in and for that portion of the city ^^ ^^g^^ which lies south of Sixth street. Whenever a street is named ^4 d. l. 356. 1. For additional duties see 21 D. L. 244 at page 487 this volume. 82 CITY CHxVRTER. Bonds. In case of tie, City Council to elect. as a boundary in this section, the center thereof shall be under- stood. The Assessors shall be also the Collectors (^) of the city for their respective districts, and as such shall give bonds as provided in Section 97 of this act. A f aihire to elect by reason of two or more persons voted for, for the office of Assessor and Collector having a legal and at the same the highest number of votes for such office shall be deemed a failure to hold an elec- tion, as to such officer, and thereupon the City Council at its next meeting shall elect such officer. (a) See Sec. 6 "a" of the Charter. (&) The wording of Sec. 3 of the Charter is "Two assessors who shall also be collectors. " " Assessor and collector ' ' is the same thing. In a case, with a name of similar character, the Court said: Lore, C. J.: " The words ' Eeceiver of Taxes and County Treas- urer' do not describe two distinct officers, but con- stitute the proper legal title of the person occupying one office, who is properly descriljed * * as the ' Eeceiver of Taxes and County Treas- urer, ' constituting one office, one officer, with varied duties under the statute. ' ' ' State vs. Lynn, 3 Penn. 316 at 335. (yr. 1901) (The above title, then, would seem to mean ''one office, one officer, with varied duties under the statute.") Assessors' [Each of the said Assessors and Collectors so elected may Clerks. Act of April appoint to assist him in the discharge of the duties of his office, 12 1887 . 18' D. L.' 349. a clerk. (") Said clerk shall always be under the direction and control of the Assessor and Collector, by whom he was ap- pointed. Each of said clerks shall receive a salary of [one Act of Feb. thousand dollars^] a year, to be paid upon warrants, author- 24' d^*l'. 3G8. ized by said Council, drawn upon the treasury of the said Freehold qualification. city (a) These clerks are paid a salary by the city, and are public officers, but this is not necessary to make them such. A State Treasurer appoint- ed one to help him collect the State taxes. The appointee defaulted. The Court held he was not a mere agent of the State Treasurer, but an officer of the law, and that the Statute of Limitations relative to collectors ' bonds applied. " Blaclc and Layton, Justices, were of opinion that the collector's bond was barred in three years after the cause of action accrued; that is, as to the taxes, the time fixed by the warrant for the payment of them over to the State Treasurer. ' ' State Treasurer vs. Whitaker et al, 2 Har. 136 at 137. (yr. 1836) Sec. 78. No person shall be elected an Assessor and Col- 1. See Ordinance of August 5. 1909. for appointment of two Clerks and fixing their respective salaries. Page 599 this volume. CITY CH.VRTER. 83 lector as aforesaid, who shall not have been, for at least six months before his election, the owner of a freehold estate with- in the said city, the value of which according to the city assess- ment made next before his election, shall be at least five hun- dred dollars clear of all incumbrances. Sec. 79. The city assessment for tax; shall be completed completion by the Assessors by the second day of January of each year, ments. and the taxes collected by the thirty-first day of December in the succeeding year, to which time the authority of an Assessor T ^ , ^ pr- Collection and Collector whose term of onice has otherwise expired may of unpaid ta.x6s extend, for the purpose of collecting outstanding amounts; («) and for any amounts remaining upon his duplicate uncollected at that time, and not sufficientlv accounted for and allowed for Allowance for errors. errors, delinquencies or otherwise by the Finance Committee of the Council, the said Assessor and Collector and his sureties may be held a.ccountable upon their bond. (^) (a) This provision gives the tax collector a year and a half in which to collect the taxes on his "list" or duplicate. A law that would abolish the office of assessor and collector of taxes, merely, would verj' likely save him his rights under See. 79. The Act of April 28, 1891, "appointed" a "Receiver of Taxes and County Treasurer," and abolished the office of ' ' County Treasurer and Collector of Taxes. ' ' The Court decided that ' ' Said act did not take from an ex-collector of taxes the powers given him by previous statutes, to collect for two years after the date of his warrant, all uncollected taxes due on his duplicate. ' ' TJie Court : "A construction which would deprive the late collectors of a right of such importance at the time their official bonds were given, must of necessity be a construction * * imputing incredible folly and injustice to the Legislature of the State." Smith vs." Riding, 9 Houst. 233 at 269. (yr. 1891) (b) This provision "extends" the authority of the assessor and col-, lector for the purpose mentioned therein, and fixes liability thereafter. As to rights after said time, the case below cited may be useful. Boyce, J.: "In considering this application" (mandamus) "we are confronted with a provision in the City Charter, as follows: * * "No tax herein provided for shall be collected after the expiration of one year from the date of the warrant or ])recept for the collection of the same." (470) This time having expired, the Court con- cluded : ' ' And it is therefore now beyond the power of the collector to collect the same by process of law. ' ' Road Corns, vs. New Castle, 2 Penn. 466 at 471. (yr. 1900) Sec. 80. All real estate («) within the said city shall be as- Assessable property. sessed (^) except real estate belonging to the United States, the Exception. State of Delaware, New Castle County, or the City of Wil- mington, cemeteries and bur^dng grounds, churches and meet- 84 CITY CHARTER. ing houses belonging- to any religious society and used for pub- lie worship, real estate owned and used for charitable purposes by the associations knowu as the "Trustees of the Home for Friendless and Destitute Children in the City of Wilming- ton,'' "Home for Aged Women/' "Sisters of Charity,"'^ and Asses^ent. buildings Owned and occupied by fire companies. [The Mayor A t of March ^^^^ Council of "Wilmington be and it is hereby given express ■m' d ^ l' 353 ^.uthority to collect and receive annually from telegraph, tele- phone, water, electric light, gas, street railway and heat and power companies, operating within the City of Wilmington, the taxes hereinafter specified. (a) The "roadbed" of a railroad is real estate. Saulsbury, Cli.: "The roadbed of the complainant" (P., W. & B. E. E. Co.) "is real jiroperty, " &e. P., W. & B. E. E. Co. vs. Neary, 5 Del. Ch. 600 at 605. (yr. 1886) Grubb, J.: "That the said roadbed is included within the terms and operation of said Section 1 and is to be deemed ' real property ' within the meaning of that term, as used in said section, must be conceded in view of the undeniable weight of authority in this country. ' ' Neary vs. P., W. & B. E, E. Co., 7 Houst. 419 at 442. (yr. 1887) (Sec. 1, above, relates to the county. It is similar to Sec. 80 of the City Charter. (b) This provision is prospective and will always reach real estate within the city. Spruance, J.: "It cannot be objected that * * would have left the territory covered by said act, without provision for taxation, as there was then in force a general law providing for taxa- tion of real estate in the Citv of Wilmington (Citv Charter, Sec. 80)." Monaghan vs. Lewis, 5 'Penn. 218 at 224. (yr. 190.5) Railway (a) From all persons, firms, associations or corporations Company. / ' ^ ^ owning or operating any street railway within the limits of the City of Wilmington the sum of two hundred and seventy dol- lars per mile of single track («) owned or operated by each of such companies; provided, however, that the said tax shall not be collected from both the owner and the operator of any such railway company. (a) The language is "per mile of single track." In the case below cited the Court construed the phrase, — ' ' length of the Philadelphia, Wilmington and Baltimore Eailroad within 1. Matter in italics no longer exempt under this section by reason of Sec. 1, Article 8 of the Constitution. See Monaghan vs. Lewis, 5 Penne- will 21S. CITY CHARTER. 85 the State, ' ' to mean the length of the main or trunk line, without refer- ence to the ' * lateral or branch lines. ' ' Herbert vs. B. & P. E. K., 8 Houst. 120. (yr. 1888) (b) From all persons, firms, associations or corporations Gas Com- ^ ^ ^ ' . . . . panies. owning or operating any gas company within the limits of the City of Wilmington the sum of sixty dollars per mile for each mile of the streets of said City used by snch gas company for its gas mains; («) provided, /ublic jiolicy, as to the sufficiency of which we have no right to determine, the Legislature has by an amendment of the Charter of the City of Wilmington, limited the liability of the city to cases of defective condition of footways "caused by the city or any of its aulhorized agents, ' ' and we hold that the said limitation was within the power of the Legislature," and "that the said amendment, so far as this case is con- cerned, is constitutional and valid. ' ' Mayor and Council vs. Ewing, 2 Penn. 66 at 106. (yr. 1899) This case overrules the case of Seward vs. Wil. 2 Marv. 189. (yr. 1896) This exemption extends only to the ' ' footways, ' ' not the streets. CITY CHARTER. 125 The Court did not decide whether or not the property owner was liable. Spruance, J.: "We do not * * consider it necessary in this case to determine * * whether that part of said amendment which purports to make such owners responsible for damages resulting from the defective condition of such f ootwavs is constitutional. ' ' id. 105. The question of the property owner 's liability came up in the case below mentioned. The declaration contained an allegation that it was the ' ' duty ' ' of the property owner to repair and keep his sidewalk in a reasonably safe condition. Upon demurrer and joinder, the Court decided that there was no duty, (and, therefore, no liability) on the part of the proi^erty owner to ' ' repair ' ' his sidewalk until he had first been notified by the Street and Sewer Department to do so, under Sec. 121 of the Char- ter. As the declaration had no allegation to the above effect, the Court sustained the demurrer. Fleith vs. Cunningham, (yr. 1908) imreported. Cont. Dock. I (2) p. 516. The Ewing case decided the city was not liable unless it could be shown that the defective condition of the sidewalk was caused by the city or some of its authorized agents, and the Fleith case has decided the proj^erty owner is not liable, at least, until, and unless the owner has first been notified by the above Department to repair his sidewalk, and he neg- lects, for a reasonable time thereafter, to do so. (See Sec. 120 "a" where the nature and extent of the "duty" are shown.) (b) To make the city liable the work must have been done by "the city or any of its authorized agents. " " Authorized agents ' ' mean, not only those in the city's employ, but those authorized by the city (as li- censed plumbers) to make excavations in the streets. Comegys, C. J.: "It" (the city) * * "authorizes by license, parties not in its employ to do certain things, as for example, in the case before us, to open the public streets, " " " and ' * it may employ agents for such purpose * " it is the duty of the city to see to the work the same as if it were being done by its own agents." 527. And if it does not, and injury results through the negli- gence of the licensee "then the defendant" (city) "is liable for the plaintiff's damages, and the defendant'' (city) "and not the plaintiff, must look to the plumber for responsibilitj'. ' ' Anderson & Son vs. Mavor and Council Wil., 8 Houst. 516 at 528. (yr. 1889) As already stated the above applies only to the * ' footways. ' ' The city is liable, as heretofore, as to the ' ' street. ' ' The law as to general liability for defective streets, is as follows: Comegys, C. J.: "It was the duty of the city to keep the street in a safe and passable condition. * * It was not the duty of the plaintiff to be searching for obstructions or holes in the street as he was walking along it, but" (he) "had a right to assume that the street was in a reasonably safe and passable condition. ' ' Robinson vs. Mayor and'Counc. Wil. 8 Houst. -109 at 41-1. (yr. 1889) The city's liability and non-liability, in general, may be stated, briefly, as follows: It is not an insurer. If it does the negligent act itself, it is liable. If another does it, the city is bound to know of it after a reasonable length of time (whether it ever does or not, is imma- terial), and if it does not then repair, &c., it is liable. It is not liable for an act of God,— washouts, breakdowns, &e., from sudden and severe storms until after notice of the same, actual or constructive, and neglect, there- after, to repair, &c. It is liable for work done in an improper and un- workmanlike manner in the same way as an individual would be, but for 126 CITY CHARTER. acts that are purely judicial or discretionary, such as deciding upon the height and grade of streets, the location, size, inlets and outlets of sew- ers, the kind of materials to be used in the construction, &c., of the work, the city is not liable. The following cases may be useful for ready reference: Eobinson vs. Wil., 8 Houst. 409. (yr. 1889) hole in sidewalk. Wilkins vs. Wil., 2 Marv. 132. (yr."l895) hole in street. Seward vs. Wil., 2 Marv. 189. (yr. 1896) hole in street. Act of God. Pierce vs. Wil., 2 Marv. 306. (yr. 1897) hole or washout. Carswell's Admr. vs. Wil., 2 Marv. 360. (yr. 1897) hole or trench in street. Wil. vs. Ewing, 2 Penn. 66. (yr. 1899) hole — open gutter plate. Anderson vs. Wil., 6 Penn. 485. (yr. 1907) hole or washout. Kent vs. Wil., 7 Houst. 397. (yr. 1886) trench not properly filled up. Schelich vs. Wil., 1 Boyce 57. (yr. 1909) trench not properly filled up; act of God. Clark vs. Wil., 5 Har. 243. (yr. 1849) flooding cellar by raising grade. Anderson & Son vs. Wil., 8 Houst. 516. (yr. 1889) flooding cellar from trench. Magarity vs. Wil., 5 Houst. 530. (yr. 1879) flooding cellar by chang- ing grade. Benson vs. Wil., 9 Houst. 359. (yr. 1893) flooding cellar, &c. Harrigan vs. Wil., 8 Houst. 140. (yr. 1888) overflow from sewer. Hession vs. Wil., 1 Marv. 122. (yr. 1893) sewer too small; cellar flooded. Act of God. Wil. vs. Vandegrift, 1 Marv. 5. (yr. 1893) obstruction — sledding. Anderson vs. Wil., 2 Penn. 28. (yr. 1899) obstruction — wire across street for sick. Colbourn vs. Wil., 4 Penn. 443. (yr. 1903) obstruction — fallen wire. Jarrel vs. Wilmington., 4 Penn. 454. (yr. 1903) obstruction — weak awning. Murphy vs. Wil., 6 Houst. 108. (yr. 1880) diverting water course — Shipley Eun. See also, Fleith vs. Cunningham (unreported), (yr. 1908) obstruction, raised gutter plate. Louth vs. Thonijison, 1 Penn. 157. (vr. 1897) open cellar door. Cook vs. Wil. C. By., 9 Houst. 306 at 311. (yr. 1892) fallen wire. Neal's Admr. vs. W. & N. C. E. By., 3 Penn. 467 at 471. (yr. 1902) fallen wire. Downs vs. Coms. Smyrna, 2 Penn. 132. (yr. 1899) mowing machine in street. Green vs. Newark, 5 Penn. 316. (yr. 1905) stone in street. Stidham vs. Del. City, 6 Penn. 359. (yr. 1907) hole in street. Flanagan's Admr. vs. Wil., 4 Houst. 548. (yr. 1873) The declara- tion was, the city dug the hole ; the proof was the city did not do it ; a non-suit was granted. Higgins vs. Wil., 3 Penn. 356. (yr. 1902) The declaration was, one "jumped otf;" the proof was, he was "hurled or thrown off;" a non- suit was granted. McCoy vs. P., W. & B. E. E. Co., 5 Houst. 599. (yr. 1879) Act of April McAllister vs. Peoples Ey. Co., 4 Penn. 272 at 277. (yr. 1903) 24, 1889. 18 D. L. 890. Sec. 122. («) Upon the completion of any paving or curb- ing as aforesaid, the [Chief Engineer of the Surveying Depart- ment] shall give to the owner of the property so curbed and CITY CHARTER. 127 paved, a certificate that it has been done according to the proper ground plan (^) and regulation of the city, and shall de- liver a duplicate of such certificate to the clerk of the [Street Certificate and Sewer Department] , who shall record the same in a book to be kept for that purpose, and carefully file and preserve the certificate ; and no owner of property to whom such cer- Liability for tificate is thus given shall be liable for any change or error ^•"'"oi's- of regulation, or subsequent curbing or paving of the same property by the [Street and Sewer Department in conse-^^t qj ^pj.^ queuce of such change or error, but the same shall be de- '^; L.^^ggo ^^ frayed by the Street and Sewer Department.] (a) This section is set out, in substance, in the Ewing ease (above) p. 98. (b) See Sec. 116, "e" as to the importance of observing the * 'plan ' ' of tlie city. [It shall not be lawful for the owner, tenant or occupant Privy-vauit '- ' ^ or cesspool. of any premises fronting on any street having sewer accom- ^^^ ^^ ^ j,.^ modations to excavate or dig any privy-vault or cesspool in 24, i8S9 is or upon such premises, or to permit or suffer the same to be dug or excavated without first having obtained the consent of the Street and Sewer Department therefor, which consent shall be expressed upon the minutes of the department and shall stipulate that any such privy-vault or cesspool shall be properly connected with and drained by means of such sewer accommodations. Any owner, tenant or occupant of any such premises who shall excavate or dig or cause or suffer to be excavated or dug any privy-vault or cesspool contrary to the provisions of this section shall forfeit and pay for each Penalty. and every offense the sum of twenty -five dollars ($25) and the further sum of ten dollars ($10) for each and every day such privy-vault or cesspool is permitted to exist. The pen- alties provided for in this section shall be recoverable before the Municipal Court for the City of Wilmington and be paid to the use of the city.] Sec. 123. The City Surveyors and Regulators are au- f^^^y, ^|?"" thorized and required to lay out proper gutters, channels and ^^l^'g^^^^J^^ conduits for carrying off the waters in said city. Sec. 121. So much of an ordinance of the freemen, resi- ^^^ ^^ ^.^_ dent inhabitants of the borough of Wilmington, in general streeT""^^^^^ town meeting legally called and met, entitled "An ordinance to establish the regulation of the ascents and descents of the 128 CITY CHARTER. See 3 D. L. c. 70, p. 160. Proviso. Widening of footways. See note to Sec. 114, ante. Further proviso. Leasing of wharves or street land- ings on the Brandywine or Chris- tiana. See note to Sec, 114, ante. Proviso. streets, lanes and alleys within the borough of Wilmington, and for other purposes," as the same is particularly set forth in the third section of an Act of the General Assembly en- titled "An Act to vacate and discontinue the street called Water street in the borough of Wilmington, from Market street westwardly to the line of said borough, and for other purposes," passed at Dover, January 24th, 1801, as provides for the width of footways and pavements, the depth of gutters, the height of curbs, and the extent of steps, («) porches, cellar-doors, or other inlets to buildings in the streets, lanes or alleys of the said city, shall be and the same is hereby de- clared to be of force for the said several purposes ; provided, that the Mayor and Council may widen the footways on any or all the streets in said city, on the application in writing of the owners of the major part of the ground fronting on said street or streets, the admeasurement of said ground to be taken in feet parallel with the curb-stone; provided further, nevertheless, that Council shall have power in its own discre- tion to cause the pavements or footways on the northerly side of Water street, or any other part thereof, to be widen- ed to any breadth not exceeding, in the whole, twelve feet. (a) The Street and Sewer Department passed a resolution prohibit- ing the erection of doorsteps on the sidewalk where a majority of the buildings were used for purj^oses other than ' * solely as places of resi- dences. " The Court held the resolution invalid. It conflicted with the Charter provision, which allows steps to come out 4 feet from the build- ing line. The Act of Assembly referred to in this section, and the city ordinance passed in pursuance to it, allow the four feet mentioned. Mayor and Council of Wil. vs. Davis, (yr. 1910) Munic. Court. (De- cision final.) A resolution prohibiting the erection of porches 4 feet from the building line is void. Mayor and Council of Wil. vs. McNabb. (yr. 1906) Munic. Court. (Decision final.) Lifts may be built in the sidewalk if they do not come out more than 4 feet from the building line. Mayor and Council of Wil. vs. Jenny, (yr. 1907) Munic. Court. (De- cision final.) WHARVES.^ Sec. 125. The Council («) arehereby declared to have, and shall have, authority in their discretion, to let or demise for any terms of years not exceeding ten, and subject to such rents (*) and reservations as they may deem expedient, the landings at the ends of the streets terminating upon the Brandywine creek or the Christiana creek ; provided, that all demises here- 1. See 22 D. L. p. 5. CITY CHARTER. 129 tofore made by the Council of any such landing as aforesaid, or permission given by the Council for making such improve- ments as aforesaid, are hereby confirmed and declared to be, and the same shall be, valid and effectual where they have not expired by their own limitation or in due course. (a) The Council looks after the wharves, but the right belongs to the Street and Sewer Department. The case cited below, "b, " affected the rents only. (b) The Street and Sewer Department collected the rents till the decision of the Court in the case cited below. Lore, C. J.: " * also a third suit brought by the same plaintiffs against the said Auditor of the City of Wilmington, being No. 220, May Term, 1900, * * in which the same issue was raised in regard to the rents collected from lessees of wharves along the river front at the ends of streets owned by the said City of "Wilmington. * * After a very full 2:)resentation and discussion by counsel of the va- rious statutes and ordinances bearing on the questions involved, * " judgment was rendered in favor of the defendant, ' ' &c., that is ' ' The Mayor and Council. ' ' Street and Sewer Department vs. Connell, 2 Penn. 571 at 572. (yr. 1900) (See Sec. 31, paragraph five.) CITY MAP. Sec. 126. The map or plan («) of the city made under the chapter 376, ft''--' -^ ■ Volume 11. requirements of Section 28, of Chapter 376, Vol. 11, Delaware Map or plan -1 1 T 11 o^ '^he city Laws, showing all the streets, squares, lanes and public alleys regulating of the said city, with their several dimensions, ascents and de- adopted, scents, and which, upon its completion and approval by the Council, was required to be signed by the Mayor and Presi- dent of the Council, sealed with the corporate seal, and de- posited and kept in the clerk's office, and a duplicate of which, in like manner signed and sealed, was required to be deposited and kept in the office for recording deeds in and for New Castle County, and which map and the duplicate thereof were by the said act made public records, and the same, or an office copy thereof, made competent evidence, shall be deemed and taken to be the true map, plan, or ground plot of said city; and all the streets, squares, lanes and alleys of the city shall be and remain as they shall be laid down upon said map, with such extensions and alterations as have been or may hereafter be made by authority of the laws of this State, [and with such extensions and alterations ( ^ ) as may be made from time to time ^^^ iloi^^^^2 by the board of directors of the Street and Sewer Department ^- l- 841. 130 CITY CHARTER. dls°cen*fs ^of *^ of saicl City of Wilmington.] The. ascents and descents of all streets. streets, lanes and alleys within the citv shall be regulated and See note to ' * * . Sec. 114. fixed conformably to said map ; but the Council (<^) may by ordi- nance (to be passed by a vote of two-thirds of all the members thereof for the time being) regulate and fix the ascents and descents of all streets, lanes and alleys within the said city, the ascents and descents of which are not marked and laid down on the aforesaid map or plan. (a) See the case of Clark vs. Citv Wil., 5 Har. 243. (yr. 1849) as to the map or j^lan. This section relates to two things : 1st, streets, with the power to extend, widen and change the course or direction of the same, at the pleas- ure of the Street and Sewer Department; and 2nd, the grades of streets, with power to change the same by a two-thirds vote of the Street and Sewer Deimrtment, when within the city limits, and not on the map or plan. (b) Section 1 of the Street and Sewer Act gives the same powers as above as to the opening, &c., of streets, with an amendment, as to alter- ing the course, or direction of, streets, but nothing as to grades. The case below shows the meaning of certain words. Lore, C. J.: " The Court of General Sessions of the Peace and Jail Delivery * * shall have jurisdiction to lay out pub- lic roads, and to change or vacate the same. * * The Court decided that * * the word ' ' change ' ' could be construed to mean alter, but that the language of Sec. 5 restricted the word ' ' change " * * to mean, change the course of. While there was authority given in the statute to lay out a new road, to change the course of a road already laid out, or to vacate a road, yet there was no jjower given therein to "widen" a road. ' ' In re Petition Alston, et al. 1 Penn. 359 at 360. (yr. 1898) (c) The Street and Sewer Department now. STEAM-POWER OR HEATING PIPES UNDER STREETS. See note to Sec. 127. Ill case of the introduction into, through, un- Sec. 114. 7.-7 ante. der. or along the streets of the citv, with the consent of the steam-power o ^ ? or heating- Council, («) of steaiii-power or heating pipes, or underground pipes, etc. • ^ o X X , telegraph, telephone of electric-light wires, the Council shall require, before such work shall commence, payment into the treasurj^ of the city as a guarantee, or some other satisfactory security, that the streets shall not be unnecessarily torn up or obstructed, or kept or left out of repair, or travel unwarrant- ably impeded, and that the city shall be indemnified against City may re- ^Qgg ^q^]^ ^ sliall further require a bond, (^) with the personal quire secur- ' i j \ / i ity bond. security thereon, to "The Mayor and Council of Wil- W^arrant of j 7 .' attorney. mington, " with warrant of attorney for the entering judg- ment thereon, in such sum as the Council may deem proper, CITY CHARTER. 131 conditioned to indemnify and save harmless any and all per- sons, inhabitants of the said city, their persons, goods, chattels, lands and tenements from loss, damage or expense, from or by reason of the introduction into the streets of the said city of such steam-power or heating-pipes, or underground tele- graph, telephone or electric-light pipes, which bond shall be held by the said city for the use of any and all persons who may be aggrieved or suffer loss, damage or expense by reason of the premises, to be accorded to them upon petition of the person aggrieved, under such restrictions as the Council may impose ; and the Council may, when in its judgment, the pub- lic interests may so require, cause, at the expense of the par- ties laying or owning the same, such pipes or wires to be re- moved in whole or in part, or impose such restrictions upon the use thereof as it may think fit in reference to the public ijaterests. (a) Wherever the word "Council" appears in the section, insert ' ' The Street and Sewer Department. ' ' (b) The city should always take bonds of indemnity and take care that they be good. Comegys, C. J. : The city ' ' oftentimes authorizes by license, parties not in its employ, to do certain things * * as to open the public streets, * * and connect house drains * * with the public mains in the street taking from them * * indemnity to pro- tect the city from suits, * * but that" (indemnity bonds) "does not relieve it as to the citizen of such public duty. ' ' Anderson & Son vs. Mayor and Council of Wil., 8 Houst. 516 at 526-7. (yr. 1889) STREET RAILWAYS. Sec. 128. The Council («) of AVilmington shall, by a two- ' •/ street rail- thirds vote of all the members thereof, have power and author- way tracks ., , ,. , . • n -1 T authorized. ity, by ordinance, to authorize the construction of railroad see note to Sbc. 114 tracks, for the use of cars propelled either by steam or horse- ante, power (^) for the purpose of affording business or manufactur- ing establishments within said city greater facilities for the shipment and receipt of freight on any of the streets, of said city ; and in like manner may authorize such alteration in the grade (c) of any street as may be necessary for the proper con- struction and maintenance of such railway, and may further provide, in like manner, that any owner of land fronting upon such railway may construct a convenient siding or turnout into 132 CITY CHARTER. Proviso. Expense. How borne. Further pro- viso. Rail- way connec- tion. Remedy at law. and upon his premises; provided, however, that all expense of construction, grading, paving, keeping in repair, and removing such railway tracks or siding, shall be paid by the person or persons, firms or corporations for whose use or benefit the same shall be so constructed or thereafter used; and provided fur- ther, that nothing herein contained shall authorize the connec- tion of any such railway track with the track or tracks of any railway company without an agreement in writing with such railway company, and when any connection shall be so made with the tracks of any such company, no other or greater right shall be acquired by the parties interested to have such con- nection maintained than shall be expressly stipulated in said agreement; and provided furiJter, that nothing herein con- tained shall be taken to impair, take away or abridge the right of any person aggrieved by such action or license to his rem- edy at laAV or in equity for any such grievance or impairment of right sustained by him against the said persons, firms or corporations. (a) The Street and Sewer Department, now. (h) This says "steam or horse power." As to the law where the motive power is specifically named, see the case of Wil. C. Ey. Co. vs. Wil. & B. S. Ey. Co., 8 Del. Ch. 468 at 513. (yr. 1900) (c) For a specific purj^ose the power is given to change grades. See Sec. 126, generally. Council may Sec. 129. The Council {(') mav bv such ordinances provide regulate . . " " sidings. and establish such regulations and restrictions as it may deem See note to . . -, , . . Sec. 114, proper tor grading, construction, paving, use and keeping m repair of such tracks and sidings ; and may further at anj^ time when, in its judgment, the further continuance of such tracks are subversive or destructive of the rights of the citi- zens to the full and proper use of any streets as common and public highways for their convenience as means of passage and modes of egress and regress to and fro. forthwith, at the proper cost and charges of the persons, firms or corporations locating the said railroad tracks or sidings, order and cause Removal of ^^g entire or partial removal of such tracks and sidings. sidmgs. '^ ^ (a) The Street and Sewer Department, now. CITY CHARTER. 133 PUMPS. Sec. 130. The Council («) shall inquire into the condition and direct the repairs of the several pumps and wells, within . Supervision the city ; and any pump or well which remains out of repair of pumps and for three months next after notice given by direction of the Council to the owner or owners thereof, shall become forfeited to the corporation, to be held as its property and maintained and repaired at the public charge, or abandoned at its discre- tion. (a) The Water Department has full charge, now, of the water sup- ply. Pumps and wells constituted our infant water works. The Act of 1799 gave the first authority to keep pumps and wells at the public charge for "use and service in extinguishing fires." The Act of 1809 referred to pumps and wells for supplying good and wholesome water, &c. See the cases of Coyle vs. Mclntyre, 7 Houst. 44 at 77. (yr. 1884) Weldin vs. Wilmington, 3 Penn. 472 at 475. (yr. 1902) PARTY WALLS AND FENCES. Sec. 131. The City Council («) shall, from time to time, ap- Appointment ^ ' ' '^ of survey- point three or more discreet and skillful persons to be Cityors and ^ . . regulators. Surveyors and Regulators, (^) w^ho, upon application made to them, shall enter upon any lands in order to set out the foun- dations (^) and regulate the walls to be built between party and ^V^euiation , , _ '■ "^ ot party partv within the said city, as to the breadth or thickness there- yaiis and , foundations. of, which foundation shall be laid equally upon the lands of the persons between w^honi such party wall is to be made; and the first builder shall be reimbursed one moiety of the charge of such party wall, or for so much thereof as the next louilder shall have occasion to make use of before such next builder ^'|jj^|^j^p^^'^y_ shall use or break into said wall (^) and the charge or value i^l^.^^^^"® thereof shall be determined by the said regulators, or any two of them. Either party may appeal to the Council at its next cu^^ouncii stated meeting, which shall finally adjust the matter and make such order for the payment of costs as it shall deem just. (a)' These men, before the creation of the various Departments, had charge of all landed matters. The Departments, now, can appoint their own engineers and assistants. The Council still appoints the engineering force of the City Surveying Department. (b) By the Court: "The powers conferred on the city regulators are contained in the Act of Assembly of June is, 1772. It is the power to regulate streets and party walls, * * 184 CITY CHARTER. sec. 8 provides for an appeal from the order and direction of the regu- lators to the City Council. ' ' Nivin vs. Stevens, 5 Har. 272 at 274-5. (yr. 1850) Gilpin, C. J.: "The object of the statute referred to was to provide for the appointment of Surveyors and Regulators in the City of Wilmington to set out the foundations, prescribing their depth and thickness, and to regulate the walls, their breadth, or thickness according to the height and dimensions of the buildings to be erected against them, and the uses to which they were to be devoted, between per- sons owning adjoining lots, and that the foundation of the walls in such cases, should be laid equally on the lands of the adjoining owners, the person building to be reimbursed one-half of the expense of such party wall, or so much thereof as the adjoining lot owner should have occasion to make use of in any building by him afterward erected adjoining it, before using the same, the expense and value of which was also to be de- termined and fixed by the regulators provided for in the act. ' ' Pierce vs. Lemon, 2 Houst. 519 at 521. (yr. 1862) (c) Gilpin, C. J.: " ' the question arises" (if the wall be a party wall) ' ' if the defendant had the right to build on plaintiff's foundation without first complying with the provisions of the Charter of Wilmington. ' ' 503, and he stated if the wall be a party wall, that one has ' ' no right to build on it without first having the value regulated, and paying the value, &c." O 'Daniel vs. Baker's Union, 4 Houst. 488 at 504. (yr. 1873) This power is confined to the depth and thickness, &c., of founda- tion and party walls, and they have no power to adjudge questions of title between lot owners. Harrington, Judge: "This new power claimed for the city regula- tors is so extensive in its bearing on the legal rights of property holders in Wilmington that the Court will be extreme- ly cautious before they recognize it to exist, and would require the grant of such power by the Legislature to be extremely plain and positive. * * In our opinion this act does not confer the power which is claimed for the regulators in this case, of deciding the legal titles of the parties in a disputed line of i^roperty. ' ' Nivin vs. Stevens, 5 Har. 272 at 275. (yr. 1850) {d) Gilpin, C. J.: "If they had complied with the statute, they had the right to use said walls, but not before the value thereof had been assessed by the regulators and the same had been paid, or they would be liable to a penalty of fifty dollars. ' ' O 'Daniel vs. Bakers' Union, 4 Houst. 488 at 503. (yr. 1873) But if an adjoining lot owner uses, or bricks, into a party wall with- out paying for it, an action will not lie against him before a justice of the peace for compensation. Hawkins d. b. a. vs. Mendenhall p. b. r., 3 Houst. 216. (yr. 1865) One who has built a party or division wall, (the same being 41/2 inches on the lot of the adjoining owner) niay ojaen windows in the wall. The other adjoining owner may close them with blinds, or in any other way he desires. Pierce vs. Lemon, 2 Houst. 519 at 521-2. (yr. 1862) On the question of ancient lights, regardless of party wall windows, see the cases of Clawson vs. Primrose, 4 Del. Ch. 643 at 652. (yr. 1873) (holding the doctrine to be in force in Delaware) and Hulley vs. Sec. T. & S. Dep. Co., 5 Del. Ch. 578 at 586-7. (yr. 1885) practically overruling it, though the Chancellor was not required to do so because of the conflicting character of the evidence as to the shutting out CITY CHARTER. 135 of light. The Chancellor said he would neither affirm it nor overrule it. As to the question of lateral support, in the case below, the Court, Comegys, C. J., laid down the law as follows: If one di^ on his ground, and the earth of the adjoining owner fall or cave in be- cause of its own natural weight, the person digging must give it lateral support, or he will be liable in damages; if the earth cave in because of an artificial weight, (such as a house) on it, the person digging is not liable. Stimmel vs. Brown, 7 Houst. 219 at 223. (yr. 188.5) Sec. 132. If any person shall besin or lav the foundation ii-iT.^ c'-T • Penalty for 01 any party wall or other bmldmg, as aforesaid, except m violation. conformity to the provisions of the foregoing section, every such person, as well employer as master-builder, shall, for such offense, forfeit and pay a fine of fifty dollars. («) (a) See Sec. 131, note "d," second paragraph. Sec. 133. The City Surveyors and Eegulators (") or any Regulation two of them, shall regulate all partition fences (^) within said fences. ' '°" city ; sitch fences shall be made in the manner generally used and kept in good repair at the equal expense of the parties, to be recoverable in the Municipal Court {^) as debts of like, amount are recoverable before a justice of the peace ; provided, that the costs of making the same do not exceed twenty-five dollars for every hundred feet in length, and so in proportion, unless the owners or possessors, between whom such fence is erected, otherwise agree. (a) See note "a," Sec. 131. (&) As to the property or ownership of a fence, torn down, the Court said : Lore, C. J.: "If the fence which was torn down and removed was a partition fence between the land of these two adjoin- ing owners, it is presumed to be the common property of both unless the contrary is shown. If it is proved to have been originally built upon the land of one of them, it is his ; but if it were built equally upon the land of both, though at their joint expense, each is the owner in sev- eralty, of the part standing on his land. ' ' Quillen vs. Betts, 1 Penn. 53 at 59. (yr. 1897) (c) The old Mayor's Court established under the Constitution of 1831, had jurisdiction of civil as well as criminal matters, and the Act of 1883, creating the Municipal Court (Sec. 15) gives it jurisdiction to try and determine offenses against the laws of tlw city. By the Court: " * the law of 1832, which gives the city court jurisdiction in all cases of assumpsit, debt, covenant, trover, replevin and trespass, ' ' &:c. Nivin vs. Stevens, 5 Har. 272 at 275. (yr. 1850) 136 CITY CHARTER. DRAINAGE.^ Sec. 134. The Council shall have the entire iurisdietion City dram- age, and control, withm the limits of said city, of the drainage («) thereof, and may pass ordinances for the openine of gutters. Regulation. . .. .. „ && > drams and sewers withm the limits thereof, and the regulating and maintaining, cleansing, and keeping the same and the natural water courses, runs and rivulets within said limits open, clear and unobstructed, and for that purpose may au- thorize the entiy upon private (^) land, and by general regula- tions prescribe the mode in which they shall be opened, main- tained, cleansed, and kept opened and unobstructed, and who shall bear the expense thereof, and may, in its discretion, as- borne ^^^ ^®^^ *^® costs thereof upon the persons and property, real and personal, of those particularly benefited thereby, or of those owning or holding lands through or along which said sew^ers, ^ drains or water courses shall flow or pass, and prescribe the mode of collection thereof. Provided, that nothing herein con- tained shall be construed to authorize the taking of private property for public use without just compensation. [The ^^1885. "^1?^ jurisdiction and control of the Council as herein above set D. L. 884. forth, shall extend to and include any and all private drains and sewers laid or to be laid under any of the streets, lanes or highway's of the City of Wilmington, whether by individuals or corporations now, or that may hereafter be existing, the rights, powers, privileges and franchises of which shall be sub- ject to the provisions and regulations in this section contained and of any ordinances of said Council passed in conformity thereto; and the Council may, if in their judgment advisable, authorize and empower any corporation or association of in- dividuals to drain and sewer said City of Wilmington, grant- ing for that purpose such rights, franchises, privileges, emolu- ments and compensation as shall be proper, and may pass or- dinances confirming and regulating the same.] (a) This section is set out in full (and also the ordinance passed 1. EIntire jurisdiction and control of the sewers and drains of the city- is now vested in the Board of Directors of the Street and Sewer Depart- ment by Act entitled "An Act in relation to the Streets and Sewers of the City of Wilmington," passed April 20, 1887. (Vol. 18, ch. 188), p. 224 of this volume. CITY CHARTER. 137 pursuant to it) in the case of Murphy et al vs. Wil., 6 Houst. at 131. (b) The Street and Sewer Department, which now has charge of all the matters contained in this section, has jurisdiction from ' ' building line to building line, ' ' and the ' ' same * * powers * * as are now- held and exercised by "The Council." (Sees. 1 and 4 of the Street and Sewer Act). This would seem to give the Department the power this sec- tion gave ' * The Council, " to go upon private property, hack of the ' ' building line. ' ' Sec. 135. The City Council shall also have the right to council may 1 Ti 1 T.-j» i?^i J.1 enter upon alter and change the course or direction or any oi the natural and occupy water courses, («) runs or rivulets within the limits of said city, and for that purpose to enter upon, take and occupy lands, tenements and hereditaments. Before any property or ground shall be taken or occupied for such purpose the owner or own- ers of such property or ground shall be paid or tendered such Damages, damages as they shall be respectively entitled to receive, which damages shall be assessed, paid, or tendered in the same man- ner as in the case of the taking of ground or property for ex- tending, widening, la.ying out, or opening of streets. The cost of such alteration or change shall be estimated, and any allot- ment, apportionment, assessment, or division of any portion thereof, as the freeholders may deem just and reasonable, shall be made upon and among the persons, properties, interests and estates specially benefited by such alteration or change, and collected and made a lien in the mode provided in the case of extending, widening, laying out or opening any street, as provided for in this act. (a) The city is not liable for diverting a private water course (Ship- ley Eun) which was worthless and injurious to its owners, and the neigh- borhood through which it passed, especially when the owners stood by in silence and saw it done. But it could not divert a natural water course, not objectionable, without condemnation and compensation. Murphy et al vs. Wil., 6 Houst. 108 at 132-3. (yr. 1880) ^ BOARD OF HEALTH. Sec. 136. It shall be the duty of the Mayor of said city. ^^l\^^^^^ and he is hereby authorized and directed, * * * on the first Thursday in ]\Iay, [A. D. 1898, and biennially thereafter] ^^* i^/g^^^^'^go to appoint a Board of Health («) for said city, which board shall ^- l. 672. consist of the Port Physician, two other physicians, one prac- ^^^^ ^^^_ tical plumber and one general business man. The Chief En-P<^sed. gineer of the Surveying Department of said city shall be ex- 138 CITY CHARTER. Duty of Secretary. Quorum. Vacancies. Officers. officio a member of the Board of Health without salary as such. [ * * ] The said board shall appoint its own president and treasurer from among its members, and shall have power and authority to appoint two executive officers for the term of one year who shall be vested with like power as city constables. The secretary of the board shall keep the minutes of the meet- ings of the board, and shall perform all such duties as snail be assigned to him by said board.^ Three members shall consti- tute a quorum to do business. The said Mayor shall have power to fill all vacancies in said board occurring by death or otherwise, and may remove, for sufficient cause, any member of said board which it is his duty to appoint. (a) Nicholson, Ch.: "Section 136 of the Charter of the City of Wilmington provides for the appointment of a Board of Health for the City of Wilmington, which Board shall consist of the port physician, two other physicians, one practical plumber and one general business man, the chief engineer of the Surveying D^^part- ment of the said city, being ex officio, a member of said Board. ' ' Liebig Mfg. Co.' vs. Wales et al, 8 Del. Ch. 26 at 34. (yr. 1896) Sec. 137. The said board shall be invested with all the powers and authority which the Council (/') might or could ex- ercise relative to the object of their institution, and with all powers and authority conferred and duties enjoined upon members of Boards of Health by the laws of the State,- and by the ordinances of said city, for the preservation of the pub- lic health Avithin said city, or within one mile thereof. (a) The phrase "all the powers and authority which the Council might or could exercise," &c., does not confer legislative powers upon the Board of Health. Sec. 31 of the Charter gives "The Council" the power to enact ordinances concerning the public health, but this power is not transferred to the Board of Health by the above phrase. Mayor and Council of Wil. vs. Keed. (yr. 1910) Munic. Court. (De- cision final.) [See brief of H. H. Ward, Esq., in the case of Hartman vs. Wil., 1 Marv. 215 at pp. 216-219 (yr. 1894) to the same effect.] Act of March [The said Board of Health shall have full control and 25. 190(. 24 '- D. L. 347. management of the City Crematory and shall make and award General powers. Power re- specting nui- sances. 1. For powers conferred upon local Boards of Health see Vol. 16. p. 346 as amended by 22 D. L. 628. 2. Returns of deaths to be made to the Secretary of the State Board of Health. See 25 D. L. 117. CITY CHARTER. 139 all contracts for the collection and disposal of the garbage and Bo^ni^of^ offal of the city, and shall award all contracts to the lowest and Health, best bidder in the manner now prescribed by ordinance.] («) And the said Board of Health upon complaint that a nui- sance (^) has been created, erected or continued and is con- tinued within said city, or within one mile of the boundaries thereof, w^hich may prove injurious to the health of the in- habitants (^) thereof, shall hear and determine such complaint, and, if necessary, view and examine (^0 the matter or thing complained of; and if the said board shall adjudge (^) the place or thing complained of to be a nuisance whereby the health of the inhabitants of said city is or may be injured, the said board (/) shall give directions to cleanse, remove, abate or remedy the same to the person or persons causing or producing such nuisance, or to tlie owner or owners, agents, tenants or oc- cupier of the premisCvS whereon the said nuisance exists ; *#*****:=***** Repealed by Sec. 2, Act -, . n ,1 i. J. i of March 25, and it the person or persons, owner or owners, agents, tenants 1907. 24 d. or occupants to whom such direction is given shall not observe and fulfill the same within the time therein prescribed by the said board, the said board shall have power to order the said directions to be carried into effect {9) by some oificer of the board or other person to w^hom the service may be committed, and the expenses thereof shall be paid by the person to whom the direction was originally given ; but if the same shall not be paid by said person on demand, the same shall be paid by the treasurer of the board, wdio shall have the right to recover the same with interest and costs from the person w^ho ought to have paid the same as aforesaid, as debts of like amount are Act of Feb- ^ ruary 25, 1897 recoverable. [And if the expense incurred by the Board oi 20 d. l. 664. Health in making the aforesaid connections together with anvLien of . " judgments other expense that may be incurred by the said Board or obtained by Health in the abatement of anv nuisance be not paid after the Health in p ■ -, 'f. 1 abatement ol recovering ot judgment thereof then the same shall become a nuisance. lien against the property or properties on which said work has been performed and shall be entered in a book to be kept in the Citv Auditor's office, which book shall be known as a lien ' . Lien book. book. The amount of said hen shall bear interest at the rate of six per cent, from the date of said entry ; if, however, any 140 CITY CHARTER. Deed. Application of proceeds such lien or part of such lien shall remain unpaid at the end year^ lands ^^ °^® ^^^^^ after the date of entry as aforesaid, it shall be the may be sold, cluty of the Mayor of the city to issue his warrant, directed to the said Board of Health of the City of Wilmington, com- manding them to levy the same, with interest thereon accrued and all cost thereon, upon the grounds or buildings of such owner or owners as aforesaid, which such grounds or buildings or any part thereof shall be sold by the said Board of Health at public auction after thirty days notice in two newspapers published in said city, and a deed from the Mayor and Coun- cil of Wilmington shall convey to the purchaser of such grounds or buildings as full and complete a title to said prem- ises, in fee simple or otherwise, as if the same were executed by said owner thereof. And it shall be the duty of the said Board of Health out of the purchase money of the said prem- ises so sold as aforesaid, to pay all costs arising from said pro- cess and sale to the parties entitled thereto respectively and to retain the amount of such lien with accrued interest there- on as aforesaid. The residue of said purchase monej^ shall )5e immediately deposited by the said Board of Health in the Union National Bank of said city to the credit of the owner or owners of the property or properties so sold. (a) The awarding of contracts used to be by "The Council." When the Board awards a contract it is the Mayor 's duty to sign, and affix the corporate seal to it. His duty is a ministerial one. McCormick vs. Fisher. 5 Penn. 273 at 276. (yr. 1903) (See See. 7, "a" of the' Charter.) (b) "Any trade or business carried on in a town, or populous neigh- borhood, or near a public road or highway, which produces noxious or of- fensive smells, to the annoyance of the neighborhood, or persons travelling along the public road, is a common nuisance, and is indictable. It is not necessary that the smells should be injurious to health. It is sufficient, if they be offensive to the senses. ' ' State vs. Wetherall & Dunsey, 5 Har. 487. (yr. 1854) State vs. Luce et al, 9 Houst. 396. (yr. 1885), quoting the above. (Fertilizer from fish.) Liebig Mfg. Co. vs. Wales et al, 8 Del. Ch. 26. (yr. 1896) (Ferti- lizer.) The Legislature, only, can authorize a nuisance. "The Town Commissioners of an incorporated town have no power to legalize a nuisance, unless specially authorized so to do by an Act of the Legislature. ' ' State vs. Luce et al, 9 Houst. 396. (yr. 1885) (Syllabus.) (c) The word "inhabitants" does not mean all the people. Comegys, C. J.: " When with reference to an alleged nuisance, the people or citizens of a neighborhood, or the public CITY CHARTER. 141 » are mentioned, it does not mean all the people, or of the public, but only such a considerable number of them as to show that more than a few merely are meant. * * The term ' ' public ' ' does not mean all the people, nor most of the people, nor very many of the people of a place; but so many of them as contra-distinguishes them from a few. * * No general definition can be given to denote precisely what is meant by • ' * few " or " many, ' ' nor can any be precisely given of the limits ex- pressed by the term "neighborhood." "Few" and "many" are to be considered with reference to the surroundings * * if the annoyance extended to those generally about there" (the neighborhood), "the owner would be indictable, although in point of fact only a small neigh- borhood of the town, for example a single square, where there were many squares, was within the scope of the foul smells. ' ' State vs. Luce (above) p. 399. (d) Nicholson, Ch.: "It is true * * "that the Board of Health * * did not at said time view the matter or thing complained of . " * * But this is not necessary for ' ' the neces- sity of a view of the thing or place complained of, is plainly left to their discretion. ' ' Liebig Mfg. Co. vs. Wales et al, 8 Del. Ch. 26 at 50. (yr. 1896) (e) The Board's decision is not a judgment to which a writ of cer- tiorari will lie. Cullen, J.: " The result of the action of the Board of Health is not a judgment * * the Board of Health acts upon these matters like a Grand Jury, for instance, when there is a charge against a person — on one side of the matter. * * (230). Their action is not a legal judgment such as is contemplated under the law, to which a cer- tiorari at common law may issue." (See paragraph 4, "a," below). Hartman vs. Wil., 1 Marv. 215 at 231. (yr. 1894) (/) This says the "said Board" shall give directions, &c. It should be by the Board. Lore, C. J.: "It is not set forth in the record of the Justice that the party who made the complaint was a member of the Board of Health * * authorized to act for said Board. The judgment is * * reversed in that ground. ' ' Johnson vs. State, 2 Marv. 372 at 373. (yr. 1895) (A person, in the above case, made a complaint before a Justice of the Peace. He was not a member of the Board of Health authorized to act for the Board.) (g) If the Board decides to abate a nuisance, an injunction will not, as a general rule, be granted to stop the Board. Nicholson, Ch.: "A patient examination of the whole course of de- cisions * * has left me in no doubt that a Court of Equity * * will decline to restrain the proposed action ' ' (abate the nuisance), "unless it is made to appear clearly that it has acted wantonly and in bad faith or has exceeded its jurisdiction. ' ' Liebig Mfg. Co. vs. Wales et al, 8 Del. Ch. 26 ait 40. (yr. 1896) That in all cases wliere complaint has been made in re- spect to privy wells it shall be the duty of the Board of Health ^''^'^ ^«"s- for such district in which said nuisance exists to have said privy wells thoroughly cleaned to the bottom within ten days of receipt of such complaint being made to said Board of 142 CITY CHARTER. Duty of executive officer. Health, and it shall be the duty of the executive officer having the said district in charge to see to it that the work is done in manner, and form as above provided. And in case the execu- tive officer refuses or neglects to discharge his dutj' as pro- vided for in this act the Board of Health shall at once dismiss him from his office.! Refusal to comply with regulations of Board. Penalties. Any owner or owners, agent, tenant or occupant of the premises, who shall fail, neglect, omit, or refuse to comply with, the directions of said board, as aforesaid, shall, in ad- dition to the penalties above mentioned, forfeit and pay a fine of not less than one dollar nor more than tw^enty dollars for every such offense, to be recovered in the Municipal Court of said city in the name of The ]\Iayor and Council of Wilmington, and in default of the payment thereof shall be committed to jail until said fine and costs are paid or other- wise discharged by la^v. From the judgment of said court in such cases there shall be no appeal. («) (a) There is no appeal, and we have shown certiorari will not lie. An injunction will lie when the Board acts in gross bad faith, (or fraudu- lently), and also where it exceeds its jurisdiction; and in either case the members of the Board will be individually liable in damages, that is, when they act fraudulently, or in excess of their jurisdiction. Ciillen, J.: " He has an impartial, full and complete remedy. * * He may appeal to the Chancellor for an injunction to stay the action, and commence an action whereby his rights may be de- termined by proceedings in Chancery. If he sees fit to allow the matter to go on, and if the Board of Health have violated the powers vested in them in removing the matter, then they become personally liable. ' ' Hartman vs. Wil., 1 Marv. 215 at 231. (yr. 1894) Nicholson, Ch.: " * the adjudication by the Board of the fact of a nuisance would not protect it as would the judg- ment of the Court, and in all cases it would act at its peril. * * And this is emphatically stated to be the law, in the opinion of the Superior Court of this State, in the case of Hartman vs. Mayor and Council of Wilmington, 1 Marvel 21.5." Liebig Mfg. Co. vs. Wales et al, 8 Del. Ch. 26 at 39. (yr. 1896) (Sec. 137 is set out in full in the Liebig case on p. 35.) ^^^?L^^^^^}} [Whenever the said Board of Health shall deem it neces- Zo, 190/. i4 '- D. L. 364. gary for the preservation of the public health, for the im- provement of the sanitary condition, and for the better Board of drainage of the Citv of Wilmington, that anv lot or parcel of Health may '^ • c ? . x order certain land, liousc, building or structure of anv kind whatsoever, property to ' ' = be connected situate in the Citv of Wilmington, unconnected with a sewer. with sewers. should be connected therewith, the said Board shall have CITY CHARTER. 143 power to give directions to the owner or owners, agent or agents, of such premises that the same shall be connected by suitable drains with a public or private sewer within thirty days after the date of such notice, if there be any such sewer to which said premises shall or may have access, so that all the sewerage and house drainage and any other noxious drainage whatsoever and all stagnant, offensive or unwhole- some water shall be removed from said premises. If such owner or owners, agent or agents, shall neglect or refuse to ^^nel-^BoLd comply ^vith said directions, the said Board of Health shall ^^^' propeny have power and authority to cause said lot or parcel of land, co^ts^tiiere- house, or building or structure to be connected with such °f- sewer and to collect the cost thereof in the name of The Mayor and Council of Wilmington, from the tenant or ten- pi-o^egg ^^ ants of such lot or parcel of laud, house, building or struct- collection. ure, by attaching the rents due to said owner or owners, agent or agents from such tenant; and such tenant, upon making payment of the money so attached shall be credited with such amount on account of the rent due to his or her landlord. In case such tenant shall neglect or refuse to pay process the amount so attached within sixty days after attachment, ant'"^*^ ^^^' such amount so attached shall be collected from such tenant in the same manner as is now provided by law for the collec- tion of rents by distraint and sale of goods and chattels. Should the o"\\Tier or owners of such house, building or against structure reside therein, then and in such case, the said o^'i^®'"- Board shall have power and authority to collect the amount so due as aforesaid in the manner in this Section provided by distraint and sale of goods and chattels.] Sec. 138. Whenever the said Board of Health shall de- Further Ijowers re- clare any street, lane, allev, vacant lot, or other place belong- specting •^ ' ' " ' ' J- ^ nuisances. ing to the City of Wilmington to be a nuisance, injurious to the health of the inhabitants thereof, the said board shall have power to notify the [Street Commissioner] of said city ^ct^of^ April to abate and remove said nuisance within such time as said board may in such direction designate. If said [Street Com- missioner] shall neglect, omit or refuse to comply with such directions as aforesaid, the Board of Health shall have 144 CITY CHARTER. power and authority to have the same abated, removed or cleansed by snch officer or person as said board may appoint, and the cost thereof, being approved by the board as afore- said, shall be paid by the Council of said city in the same manner as other bills are paid by said city, and the bills so paid as aforesaid shall by said Council be charged to the ap- propriation for cleaning and repairing streets of said city. Note.— Sees. 139, 140, 141, 142, 143, 144, 145, 146, 147 were the charter of the Board of Education which expired by limitation on April 13. 1903. For an act to provide for the organization and control of the Public Schools of the City of Wilmington see Act of April 6, 1905, 23 D. L., 140, page 419 of this vol. FINES, FORFEITURES AND PENALTIES. Fines. Their Sec. 148. All fines and forfeitures incurred under this enforcement , t t j? • i -^ i n ^ • and disposal, act, or under any ordinance oi said city, shall, except m cases otherwise provided for by law,^ («) be enforced, collected and paid into the city treasury for the use of the corporation. («) The clause, "except in cases otherwise provided for by law," means not only laws now in existence, but such as may be passed in the future. Lore, C. J.: " That the exception applies not only to laws then in existence, but also to such as might be passed there- after in pursuance thereof. ' ' Law and Order Society vs. Mayor and Council of Wil., 4 Penn. 366 at 367. (yr. 1903) An act passed May 26, 1897, gave the Law and Order Society one- half of all fines, &c., collected where conviction was secured on evidence furnished by it. Persons were convicted on evidence as above for keep- ing disorderly houses, and selling liquor without a license. The Court held the above clause did not bar the Society, i. e., the Society was en- titled to one-half of the said fines. copies of or- Sec. 149. The printed copies of the ordinances and reso- etc.^"evf-' lutions of the Council of Wilmington, whether of a public or dence. private nature, published by authority of Council, shall be ad- mitted as evidence («) thereof in all courts and all occasions ;^ 1. Law and Order Society shall receive one half of fines, penalties and forfeitures in certain cases. See p. 535 of this volume. CITY CHARTER. 145 and in pleading it shall not be necessary to recite or draw them out at large. (^) (a) In the case below cited, the Charter, Laws and Ordinances of the city had not been formally offered in evidence. The City Solicitor started to read from them, and upon objection, the Court stopped him. He "contended that under the Charter of said city, Sec. 149, such records were in evidence." p. (361). Cullen, J.: "This record" (Charter, Laws and Ordinances) ' ' might have been put in evidence under the section you read, but it has not been offered. If not offered, it is not evidence. ' ' (361) Houston, J.: "A matter does not jump in evidence. You must put it in evidence." (36i) Benson vs. Mayor and Council of Wil., 9 Houst. 359. (yr. 1893) Ordinances were merely offered in evidence in McCaffrey vs. Thomas, 4 Penn. 437 at 438. (yr. 1903) MacFeat's Admr. vs. P., W. & B. E. E. Co., 5 Penn. 52 at 58. (yr. 1904) Ordinances were read and off'ered in evidence in Giles vs. Diamond State, 7 Houst. 453 at 454. (yr. 1887) Flanagan's Admr. vs. Wil., 4 Houst. 548 at 553. (yr. 1873) "In an action for damages for false imprisonment, the secretary of the town council testified that a certain book contained the ordinances of the said town as regularly adopted at a meeting of the Council. Held that the ordinance was admissible, and that it was not incum- bent upon the defendant to show that the ordinance was authorized by the act of incorporation of said town. ' ' McCaffrey vs. Thomas, 4 Penn. 437. (yr. 1903) (6) Wolcott, Ch.: " * the Act of Assembly from which the" (city) * * "derives its existence, and the ordinances enacted in pursuance thereof, are as much the subjects of legitimate inquiry as if they were literally incorporated in the pleadings before us. ' ' Mayor and Council of Wil. vs. Vandegrift, 1 Marv. 5 at 12. (yr. 1893) In the case below cited it was held an ordinance did not have to be specifically referred to in the pleadings. "We offer in evidence the City Ordinances, See. 12, p. 376, in refer- ence to speed of trains passing through the city." (58) ' ' Objected to * * on the ground that in order to introduce in evidence an ordinance of a municipality, said ordinance should be iden- tified and described with particularity in the pleadings." (58) Pennewill, J.: "We think the Ordinance admissible." MacFeat's Admr. vs. P., W. & B. E. E. Co., 5 Penn. 52 at 58. (yr. 1904) Sec. 150. Nothing in this act shall be construed to affect Yfi'^^^ty of '^ city obliga- or in any manner impair the existing provisions of law relat- t'O"^- ing to the ' ' sinking fund ' ' for the payment of the city debt of Wilmington, or the validity of any existing debt or security of the said city or of the Board of Public Education in Wilming- ton, or the existing provisions of law for the payment thereof. 146 CITY CHARTER. Repealing certain acts. Expired. Sec. 151. All acts or parts of acts inconsistent with or manifestly superseded and supplied by the provisions of this act are hereby repealed. ****** Sec. 152. This act shall be deemed and taken to be a pub- lic act, («) and shall be construed most favorably for the cor- poration. (^) (a) Spruance, J.: "The Courts take judicial notice of the general, public statutes of this State. &c. " 134. ' ' An act creating a municipal corporation is such a statute. ' ' 132. Downs vs. Corn's of Smyrna, 2 Penn. 132 (1899) The Court also held that Sec. 6, p. 791 Eev. Code, dispensing with proof of the incorporation and existence of a corporation, unless a denial thereof appeared in an affidavit filed for that purpose, applied to munici- pal corporations. (b) It is to be construed most favorably for the corporation, but, Saulshury, Cli. : ' ' Being the mere creature of the law, it possesses only those properties which the Charter of its crea- tion confers upon it, either expressly or as incidental to its very exist- ence. ' ' Coyle vs. Mclntire, 7 Houst. 44 at 88. (,^t. 1884) PART III Acts OF THE General Assembly Acts of the General Assembly INCLUDING THE SESSION OF 1909. CHAPTER I. ACTS SUPPLEMENTARY TO THE CHARTER. Page Act to Authorize the Es- tablishment of Public Curb-stone Markets 149 Act Empowering the Board of Directors of the Street and Sewer Department to Adopt Certain Rules In Re- lation to House Drainage.. 155 Page Permit for Erection or Re- pair of Building to be Withheld are Paid Until All Taxes 156 A SUPPLEMENT to "An Act to revise and consolidate the Statutes of the City of Wilmington," passed at Dover, April 13th, 1883. Section 1. That the Council of Wilmington be, and the Sarke\s"lu- same is hereby authorized to establish within the city afore- thoii^ed. said public curb-stone markets («) upon such streets as the said Council may, in its discretion, deem proper, such curb-stone markets to be occupied solely by farmers and truckers whose principal business is the raising of farm productions or truck, and by none others. Such curb-stone markets shall be used by such farmers, or truckers, exclusively, for the sale of Exclusively fruit, vegetables, fowls and other farm products, and meats and t^-uckers. raised or fed as hereinafter provided, on land occupied by such farmers or truckers, either as owners, lessees or farm- ers upon the share. The said Council shall have the power 149 150 ACTS OF THE GENERAL ASSEMBLY. General regulation. S: aces. Size. Plan. Conditions. Certificate. Fee for city. to prescribe the times of the holding of the said market, and to provide for the general regulation of the same, agreeably to the provisions of this Act of General Assembly. Such curb-stone markets shall be known as the farmers' and truck- ers' curb-stone markets. The public curb-stone markets now existing on King and Madison streets, in the said City of Wil- mington, shall be deemed and taken to be farmers' and truck- ers' curb-stone markets for all the purposes of this act. (a) Tlie definition of "curbstone markets" is as follows: Paynter, J.: " The market embraces that portion occupied by the buyers as well as the sellers. The latter could only oc- cupy three feet, while the purchasers could use any part of the sidewalk, making the space between the curbstone and the building line the entire market for both sellers and purchasers. ' ' State vs. Wood. (yr. 1888) unreported. Sec. 2. That it shall be the duty of the said Council dur- ing the month of April.A.D.1885,tolay off and allot spaces (/^) on either or both sides of the streets now used, or hereafter to be used, for farmers' and truckers' curb-stone markets in the said city ; such spaces shall not exceed eight feet, nor be less than six feet in length, and shall be marked and num- bered on the top of the curb, and when such spaces shall have been so laid off and numbered, a plan thereof shall be made and filed with the Clerk of the Council, and the same shall be a public record. (a) The allotment of spaces has no bearing upon the "market." Paynter, J.: " The direction in the second section of the act for the allotment of spaces on the sidewalk to be occupied by the farmers described in the act, is no limitation of the market itself, but a regulation merely by statute of the space to be assigned to each of them for the sale of his articles. ' ' State vs. Wood. (yr. 1888) unreported. Sec. 3. From and after the 30th day of April, A. D. 1885, the said spaces shall not be used for market purposes until the following conditions are complied Avith, viz: The person desiring to occupy any such spaces, shall apply to the Clerk of the Market therefor, and if the same has not been theretofore awarded, the said clerk shall issue a certificate (^) permitting such person to occupy such space for one year from the first day of May, A. D. 1885, upon the receipt of two dollars for the use of the city (^) and the further payment ACTS OP THE GENERAL ASSEMBLY. 151 of twenty-five cents to the said clerk. The person to whom ^^^ ^^ ^^^^.j^ any such space shall be so allotted shall, in addition, pay to the City Clerk for the use of the owner of the property, or properties, in front of which such space shall be, the sum of thirty cents, if demanded by said owner, or owners, for each property and every foot, for the like period of one year for the space °,^^aifd^o^ so allotted. When such annual sums shall have been paid foot^j^front as hereinbefore prescribed, the person paying the same and "^^^1^^ , receiving the certificate aforesaid, shall, subject to all the provisions of this act, and to such other rules (<') and regula- tions as the said Council under this act may prescribe, be en- titled to the free use of such space for market purposes for the period of one year from the first day of May, A. D. 1885. No ^faifho?d person shall have allotted to him upon any street now or ^°o pfa^g's hereafter used as such market, more than two spaces for any ""^ne^ear^* one year, and such spaces shall not both be upon the same side of any such streets ; and the certificate hereinbefore pro- vided to be given, shall have plainly expressed upon its face, the number of the space or spaces allotted ; and spaces not fo^ff^j-aV-^* allotted, within thirty days after the times specified for such tionai terms. allotments, may be let for fractional terms at pro rata rates. (a) This certificate, or license, uot being "dependent upon the ex- tent of" one's "business," it is not necessary that notice be given. Nicholson, Ch.: "In such cases, the Legislature * * fixes the amount, and that is the end of the matter." English vs. Mayor and, Council of Wil., 2 Marv. 63 at 92. (yr. 1894) (&) The market rents belong to "The Mayor and Council," and not to the Street and Sewer Department. Street and Sewer Dept. vs. Connell, 2 Penn. 571 at 572. (yr. 1900) (See Sec. 80, paragraph "c," "a.") (c) As to the legal meaning of "rules," see the case of Morris et al vs. Pilot Com's., 7 Del. Ch. 136. (yr. 1894). Sec. 76, "a" of the Charter. Sec. 4. It shall be the duty of the Clerk of the Market Duty of Clerk to make and keep in a book, to be by the said Council pro- vided, an accurate record of all spaces allotted, with the name of the person and the time for which such person is entitled to the use thereof. All the space allotted under the spaces, when provisions of Section 3 of this Act, as well as any not there- tofore allotted, shall be reallotted in the manner provided for in the said last mentioned section, in the Month of April, 152 ACTS OF THE GENERAL ASSEMBLY. A. D. 1886, and in like manner annnallv re-allotted in the said month of April in each and every year thereafter, and the terms for which such allotment shall be made shall be for the term of one year from the 30th day of April in each year. 10, 1887. D. L. 340 18 asto'saies^^ [Sec. 5. That 110 person shall expose for sale in any of meat. farmers' and truckers' curb-stone market, now or hereafter existing within the limits of the City of Wilmington, any beef, or pork, or mutton, unless the same shall have been fed upon lands occupied by such person for a period of at least Act of March ninety days before slaughtering the same. No person shall expose for sale in any such market, any veal meat, except such be the product of such person's own cows upon lands occupied by such person. («) No person shall expose for sale in any such market more than six head of beef cattle in any twelve consecutive months. Whosoever shall offend against the provisions of this section shall be guilty of a misdemean- or, and upon conviction thereof, by the Court of General Ses- sions of the Peace and Jail Delivery for the County of New Castle, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, or imprisoned in the county jail for a period not exceeding thirty days or both, at the discretion of the court.] (a) This whole Act has for its purpose, that farmers shall sell their own meat, and thereby know what they are selling. It encourages farm- ers to go into the business of farming ' ' for the purpose of preparing ' ' meats ' ' for sale or market. ' ' In 1875, a farmer was prosecuted under an ordinance for farming ''for the purpose of preparing" meats "for sale or market. " If he did it as " incidental ' ' to his business of gen- eral farming, he did not violate any law, but, if he farmed for the "pur- pose of, ' ' &c., he broke the law. It is needless to add the jury acquitted the farmer, and the ordinance that was intended to give butchers a monopoly in the trade was repealed. Homewood vs. Wil., 5 Houst. 123 at 126. (yr. 1875) See the case of State vs. Rumpel, Jr., 2 Marv. 464. (yr. 1889) where it was held that a butcher who killed cattle on his own land, and sold the same to his customers on the road from his wagon, was not required to take out a peddler 's license under the State law. Penalty. befoi-e^sefr [Sec. 6. No person shall expose for sale in any farmers' ing meats, ^nd truckers' curb-stone market, now or hereafter existing within the limits of the City of Wilmington, any beef, or pork, or mutton, without having previously taken and sub- ACTS OF THE GENERAL ASSEMBLY. 153 scribed an oath or affirmation before the City Clerk of "Wil- mington that he is a farmer or trucker (as the case may be) ; that he will not expose for sale in any farmers' and truckers' curb-stone market now or hereafter existing within the limits f-^^ isst^^' "I's of the City of Wilmington, any beef, or pork, or mutton, un-^- ^- ^^'^• less the same shall liave been fed upon lands occupied by him, for a period of at least ninety days before slaughtering the same, nor any veal meat, except such be the product of his own cows upon lands occupied by him, nor more than six head of beef cattle in any twelve consecutive months. The said clerk shall thereupon issue to such farmer or trucker a certificate of the taking of such oath or affirmation. («) The said oath or affirmation, and a record of the issuing of the certi- fo^be^ssueci. ficate as aforesaid shall be entered in a book kept by the city clerk for that purpose. The said oath or affirmation and the Pecm-ded?^ •certificate so given as aforesaid shall only avail the person so taking and receiving the same up to the thirtieth day of April next after the same has been so taken and received. Any person who shall expose for sale to any person in any such farmers' and truckers' curb-stone market, beef, or pork. or mutton, except as heretofore provided, shall be deemed to have violated this act, and the acts to which this is an amend- ment.] (a) This section is set out verbatim, from the beginning to where the note is made (and commented upon) in the case of State vs. Wood, above mentioned. See Sec. 7 " a " following. [Sec. 7. Any person who shall expose for sale in any violation. farmers' and truckers' curb-stone market, now or hereafter existing within the limits of the City of Wilmington, any beef, or pork, or mutton, without having first made the oath ' ^ ' ' • T 1 f» Act of Marcli or affirmation, and obtained the certificate, as provided tor lo, iss:.^ is by Section 6 of the said act, shall be deemed guilty of a mis- demeanor, and upon conviction thereof by the Court of Gen- eral Sessions of the Peace and Jail Delivery for the County of New Castle, shall forfeit and pay a fine of not less than Penalty. twenty dollars nor more than fifty dollars, one-half of said fine to be paid into the city treasury and one-half to the in- former.] («) Any such farmer or trucker who having taken the oath or affirmation required in Section 6 of this act, shall sell 154 ACTS OF THE GENERAL ASSEMBLY. Penalty for violation of oath. in such farmers' and truckers' curb-stone market, slaughter- ed beef, or pork, or sheep, or lamb, or calf or veal meat, other in manner or quality than as in this act provided, shall be deemed guilty of a misdemeanor, and upon conviction there- of, shall forfeit and pay a fine of not less than fifty nor more than one hundred dollars, one-half thereof to go to the city treasury and one-half to the informer, and such farmer or trucker so offending shall be deemed to have committed per- jury, and upon indictment therefor in the Court of General Sessions of the Peace and Jail Delivery, the record of his conviction for the unlawful selling of meats, as aforesaid, shall be conclusive evidence of his guilt under such indict- ment. (a) This section is also set out to where the note is made in the case, below cited, and the Court said : Paynter, J.: " The defendant in this case did not take such oath or . affirmation, and did not obtain such certificate. * * The defendant, therefore, in selling beef from his stand, shelf or table placed upon the sidewalk, or the space between the building line and the curbstone * * without having made the affidavit, and without having obtained the certificate * * acted in violation of ' ' the law, &c. State vs. Wood. (yr. 1888) unreported. (The above case was that of a farmer selling meat on the sidewalk from an alley without complying with the above law.) Hucksters' Sec. 8. In addition to the farmers' and truckers' curb- ™^' ^ ■ stone markets hereinbefore provided for, the said Council shall have power to establish and regulate other curb-stone markets in the said city, viz : A curb-stone market for hucks- ters, to be occupied solely by persons residing in said city, who have taken out of the office of the Clerk of the Peace a retailer's license for selling goods, wares and merchandise, for the purpose of huckstering and none others ; a curb-stone market to be used exclusively for the sale of products New Jersey brought from the State of New Jersey by the producers of such products only ; and a curb-stone market for the sale of Fish market, fresh fisli ; sucli markets shall be kept separate and distinct from each other, and from the farmers' and truckers' curb- stone market. No other curb-stone markets, than provided for in this act, shall exist within the limits of the City of Wil- mington. ACTS OF THE GENERAL ASSEMBLY. 155 Sec. 9. Upon complaint made under oath to any justice ^f act!'°" of the peace, or to the City Judge of the City of Wilmington, that an offense has been committed against any of the pro- visions of this act, a warrant shall issue for the arrest of the Arrest, person or persons so charged with committing the same. Upon the arrest of any person or persons so charged, the justice, or the City Judge, before whom he or they bejjga,ring. brought, shall try the case as far as to determine whether such person or persons ought to be discharged or bound for his or their appearance at court, and if such justice, or City Judge, shall consider there is probable ground for the ac- cusation, he shall bind such person or persons with sufficient surety for his or their appearance at the next Court of Gen- eral Sessions of the Peace and Jail Delivery («) for the County of New Castle, and if such person or persons do not give such surety, he shall commit him or them for trial. Sec. 10. This shall be deemed and taken to be a part of the constitution of the said City of Wilmington. Passed at Dover, April 15th, 1885. (a) The Legislature can confer such criminal jurisdiction, if it de- sires, upon the Superior Court. Morrow vs. State, 2 Marv. 4 at 34. (yr. 1895) A 8UPPLE3IENT to aii Act to Revise and Consolidate ^/(e^oPfg^as Statutes relating to Wilmington, passed at Dover, April c^lp. 220, ^ 13, 1883, Amended.' ^'°'- "• Section 1. The Board of Directors of the Street and Board d^ Sewer Department of the City of Wilmington, to provide for ^^^Pj^J'^Jf^. the health of the citizens of said city shall have power, and j^^J'^g^^^'^^'^f^- it is hereby authorized and directed to adopt and promulgate age. suitable rules («) and regulations for the construction of house drainage and cesspools, and to provide for the registration of plumbers and persons engaged in the plumbing business in said city, and for the enforcement of such rules and regu- lations ; to make provision for the punishment of persons who shall refuse or neglect to comply with the same. (a) See, as to the meaning of the word "rules," Sec. 76, "a," of the Charter, and the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 136. (yr. 1894) 156 ACTS OF THE GENERAL ASSEMBLY. Inspection. §£0. 2. The saicl Board of Directors of the Street and Sewer Department of said city, shall by rules and regula- tions also establish a system of inspection and supervision over all house drainage and cesspools and ventilation of the same, and appoint such inspector as may be necessary, at such compensation as may be approved by said Council, and Proviso. make provision for payment of same. Provided, nevertheless, that the ordinances, rules and regulations of the Council now in force, shall remain operative and binding until the same are changed («) in whole or in part by the said board of direc- tors of the street and sewer department of said city. Passed April 25th, 1889. Amended May 15th. 1891. (a) The ordinances, to be valid, must be changed in the manner pre- scribed by the Charter. Mayor and Council of Wil. vs. McXabb. (yr. 1906) Munic. Ct. De- cision final. Permit for erection or repair of building to tae withlield until all taxes are paid. AN ACT to amend an Act entitled "An Act to Revise and Consolidate the Statutes relating to the City of Wilming- ton," being Chapter 207, Volume 17, Laws of Delaware, relative to the collection of certain taxes. Section 1. That "The Mayor and Council of Wilming- ton" or such person or persons as they may by ordinance designate may refuse to grant any permit for the erection of any new building or the alteration, repair or destruction of any building until it be shown, to their satisfaction, that all taxes are fully paid upon the land on which said new building is proposed to be erected or upon the land and the building which is proposed to be altered, repaired, or de- stroyed. Approved March 15. A. D. 1907. ACTS OP THE GENERAL ASSEMBLY. 157 CHAPTER II. ACTS RELATING TO CITY OFFICERS. Page - Page Act Regulating the Elec- ! of Meats 162 tion, Terms of Office, and 5. Act Authorizing the House Salaries of Certain City Sergeant to Issue War- Officials 157 rants 163 Act Authorizing the Fire 6. Act Authorizing the House Department to Elect Its Sergeant to Take Bail.... 164 Chief Engineer and As- 7. An Act in Relation to sistants 158 Dressing of Sheep and Act Authorizing the Ap- pointment of Two Detec- Lambs 164 Act Requiring the Plumb- tives 160 ing I nspector to Act as 4. Act Authorizing the Ap- Gas Inspector 165 pointment of an Inspector AN ACT relating to the Government of the City of ^yilrning- _^^^ ton. L. 339. [Section 1. That at the third stated meeting of " The Amended by A_ct of IVIay Council" in the month of July. A. D. 1893, and at the stated 3. 1893. 19 meeting biennially thereafter, ''The Council" shall proceed to elect by ballot a City Clerk, who shall also be the Clerk of cierk. Council ; a Bailiff of Council, who shall be charged with the Bailiff. care and custody of all that portion of the city hall property not used by the Municipal Court, the police commission or the police department of said city ; an Inspector of Oils and inspector of Fluids used for illuminating purposes within the limits of the citv; and a Clerk of the Market, who shall also be sealer cierkof the * 1 1 T 1 1 market. of weights and measures used withm the public markets and market houses of the Citv of Wilmington. The terms of the Term of ": . office. several officials herein designated, shall commence on the first day of August next ensuing their election, and shall be for the term of two years, («) and the terms of office of the pres- ent incumbents are hereby extended until the first day of August, A. D. 1893. The salaries (^) of the several officials Salaries. herein pro\'ided for shall be as follows : Clerk of Council 158 ACTS OF THE GENERAL ASSEMBLY. Repealed by 24 T). L. 347 ^ [twelve] hundred dollars per annum ; Bailiff of Council, seven hundred and twenty dollars per annum; Inspector of Oils and Fluids, the sum as is now fixed by law or ordinance for the present incumbent, and the Clerk of the Market, five hundred dollars per annum, together with all the fees and emoluments, to which by any law or ordinance he is entitled to receive as such clerk of the market. The salaries pro- vided for by this act shall be payable in the same manner, and at the same time, as the salaries of other city officials are now payable.] ***•#* * * # * * « * Passed at Dover, March 1st, 1887. (a) As to whether appointive officers hold over until their success- ors are appointed, where there is a. deadlock, or where, for any reason, no new appointments are made, the law seems to be as follows: (1st) If the statute expressly limits the office to expire at the end of a fixed time, or upon a specified event, the incumbent does not hold over, but (2nd) If the provision simply is, that the appointment or the elec- tion shall take place annuaUy, for instance, without limiting the same to a fixed day, then the incumbent holds over. Bates, Cli. : ' ' The principle is, that if the term of an officer, civil or corporate, created by statute or charter, is not limited to expire at a fixed time, or upon a specified event, but there is simply a direction for the annual election of the officer, his original term con- tinues, though after the year, until a successor is duly elected and quali- fied. * * A provision for holding an election on a 'fixed day was held to be peremptory, but one for electing annually, without a day fixed, was treated as directory only. ' ' Sparks et al vs. Farmers' Bank, 3 Del. Ch. 274 at 296. (yr. 1869) Mayor and Council of Wil. vs. Horn, 2 Har. 190. (yr. 1837) This case differs from the Spai-ks case as to the liability of a surety. If an officer 's appointment or election be legal, he is an officer de jure; if it be illegal, and he knows no better, or holds under "color" of right, he is an officer de facto, and his acts are valid. After he knows his appointment or election is illegal, his ' ' color ' ' of right, &c., is removed, and he then is simply an usurper, and his acts are illegal. For the defini- tion of an officer de facto, see the case of Lee vs. Wil., 1 Marv. 65 at 71. (yr. 1893). See Sec. 108 "a" of the Charter. As to the above see 1 Beach on Pub. Corps., Sec. 182. (&) As to the power of "The Council' 31, p. 60 at "Third" of the Charter. to " fix " salaries, see Sec. 19 D. L. 4: Election of Chief Engi- neer and As- sistants. AN ACT to authorize the Fire Department of the City of Wil- mington to elect its Chief Engineer and Assistants. Section 1. That the several fire companies of the City 1. For salary of Clerk of Council see Ordinance July this volume. 25, 1909, p. 568 ACTS OF THE GENERAL ASSEMBLY. 159 of Wilmington be and they are hereby directed to assemble at their respective engine houses on the second Tuesday in the month of May, A. D. 1892, and on the same day in every second year thereafter, between the hours of seven o 'clock ^^^^^ °^ and ten o'clock P. M., and hold an election («) for Chief En- gineer, and First and Second Assistant Engineers of the Fire Department in the City of Wilmington aforesaid, to serve for of^eiectfon. the term of two years from the third Monday in May next ensuing their election or until their successors are elected. (a) This provision states that the "fire companies" shall elect their Chief, and Assistant, Engineers, and prescribes how the election shall be held, and who may be elected ; it is all left with the ' ' fire companies. ' ' ' ' The Council ' ' passed an ordinance prescribing that the Chief and As- sistant Engineers should be elected by rotation. It was claimed that the above was simply a "regulation," and that "The Council" possessed this power. It was admitted that ' ' The Council ' ' had the power to make proper regulations, but it was contended that the above ordinance was not a "regulation," but an attempt to repeal an Act of the Legislature by an ordinance. The Court held the ordinance to be void and decided the firemen could elect whom they pleased, and that ' ' The Council ' ' had nothing to do with it. State Del. ex rel. Conway vs. Willis et al. (yr. 1902). App. Dock. p. 211. The judges of the election shall deliver to the Clerk of the Council, on the day succeeding such election, a certifi- cate of the votes cast by each company, setting forth the canvass of persons voted for and for what office and the number of votes cast for each person, which certificate shall be under oath and signed by said judges or a majority of them. The Council shall, at its next stated meeting after any such elec- tion, proceed to canvass (^) said certificates, and shall count each company as one vote, according to the majority appear- Failure to ing on the face of the certificate for the persons for whom such majority was cast, and the persons who shall receive a majority of the several companies shall be declared to be the Chief Engineer, and First and Second Assistant Engineers for the term next ensuing this election; should, however, there not be a majority of the companies cast for one or more of the persons for any of the said offices the present officers hold over until their successors are elected. Any vacancy occurring in any of the said offices by death, resignation, or^^^f"^^^^ 160 ACTS OF THE GENERAL ASSEMBLY. otherwise, shall be filled by the company from which said vacancy occurs for the residue of the term. (b) "The Council" sits simply as a Board of Canvass. Its duty is ministerial. It is not a Court to jud^e the election returns. It must de- clare those persons elected in accordance with the returns of the fire com- panies, as presented by them to ' * The Council. " If it should fail to so act, the Court, by mandamus, will compel it to discharge this simple, min- isterial duty. Same case as above cited in " a. " Who ajiowed §^0. 2. No person shall be allowed to vote at any elec- tion provided for by this Act except he shall be a member in good standing of the fire company at whose house he shall eiectfo^n°^ offer to vote. Three judges, who shall be elected by ballot from among the members in good standing of fire company, shall be chosen at least one week prior to such election. Ex- cept where there are two candidates from one company each candidate shall have a judge of his own selection from the company to which he belongs. Inconsistent Sec. 3. That all acts and parts of acts inconsistent with acts repealed this act shall be and are hereby repealed. Passed at Dover, May 5, 1891. AN ACT in Belation to State Detectives. Governor to SECTION 1. That on the third Monday in March in the appoint two "^ State De- year one thousand nine hundred and one, and every four tectives. •' . . years thereafter, the Governor shall appoint two suitable persons, one of whom shall reside in the City of Wilmington, to be detectives («) for the State of Delaware. Such detectives Term of shall hold office for the term of four years from the date of office. ^ their appointment, and until their successors shall be ap- pointed and duly qualified, unless sooner removed from of- fice by the Governor as hereinafter provided. It shall be the duty of the said detectives, under the direction of the At- torney General or his Deputy, to investigate and ferret out crimes committed in this State. (a) This Act repealed the Act of 21 D. L. Ch. 64. Under, and by virtue of the latter Act, one McVey, had been appointed State Detective. Three days after the office was abolished it was re-created, and other men appointed to the office. McTey sued for salary, claiming that by ' ' abol- ishing" the office the Legislature was diminishing his salary (taking it ACTS OF THE GENERAL ASSEMBLY. 161 away altogether) within the meaning of Art. 15, Sec. 4 of the Constitution which reads : ' ' No law shall extend the term of any public officer, or diminish his salary or emoluments after his election or appointment. ' ' The Court said: Lore, C. J.: " It is well settled that offices created by the Legis- lature are entirely within legislative control; that the gift of such an office is not a contract. Unless there be some constitu- tional limitation, such offices may be modified, abridged or abolished, as the Legislature may see fit. When an office is abolished, the former in- cumbent has no right to compensation for the unexpired term. The sal- ary is an incident of the office and dies with it, * * that part of Art. 15, Sec. 4, of the Constitution which prescribes, that no law shall ' ' di- minish his salary or emoluments after his election or appointment ' ' has no application to this case. It only api^lies to cases where an office con- tinues in existence, and during such continuance an attempt is made to diminish the salary or emoluments. ' ' State ex rel. McVey vs. Burris, 4 Penn. 3 at 5. (yr. 1901) Sec. 2. They shall have authority to make arrests and Powers of. serve writs anywhere in the State. Sec. 3. They or one of them shall serve all requisitions Duties of. made by the Governor, and for this shall not receive any compensation except their actual expenses. Such expenses shall be paid by the State Treasurer upon the production of vouchers approved by the Attorney General and the Secre- tary of State. Sec. 4. They shall receive for their services a salary of Salary. twelve hundred dollars per annum each, payable in equal monthly installments by the Treasurer of the State of Dela- ware out of any funds in his hands not otherwise appropria- ted, upon the certificate of the Attorney General that they have faithfully performed the duties of their office during the preceding month. Sec. 5. Before entering upon the duties of their office ^^^g°^ they shall be duly sworn to faithfully discharge the duties of their office, according to the best of their ability. Sec. 6. Detectives appointed under the provisions of ^ '■ ^ ^ . Not to be this Act shall not be held or considered to be officers within hem as offi- cers within the scope and meaning of Section 13 of Article III, of the the scope of ^ . . Section 13, Constitution, but shall be held and considered to be special Article 3 of the Constitu- police officers for the Attorney General, and may be removed tion. from office by the Governor at any time ; Provided, hoAvever, 162 ACTS OF THE GENERAL ASSEMBLY. that no such detective shall be so removed except upon com- plaint filed in the office of the Secretary of State by the At- torney General, of which complaint such detective shall have at least ten days notice, and upon which complaint he shall be given by the Governor an opportunity to be heard, either in person or by counsel. Sec. 7. All acts and parts of acts inconsistent with this act be and the same are hereby repealed. Approved March 15, A. D. 1901. 19 D. L. 1016. AN ACT providing for an Inspector of 3Ieats for the City of Wilmington. Section 1. There shall be an offiiser of the City of Wil- mington to be known and designated as Inspector of Meats, who shall have been at the time of his appointment or elec- tion, as hereinafter provided, a practical butcher by trade for at least ten years prior to his appointment or election, and shall be a citizen and qualified voter of this State, and a resident of the City of Wilmington. Inspector of meats. Qualiflca tions. Duties. Sec. 2. The duties of such Inspector of Meats shall be to inspect at any place within said city, all cattle, swine, sheep or other animals used for food, to prevent the slaughter for food of diseased animals, to prevent the sale or use for food of diseased, tainted or unwholesome meats, and to cause the same when found to be destroyed, to cause the arrest and trial of persons exposing or offering the same for sale, and to perform such other duties as are now, or shall hereafter be prescribed by any ordinance of said city, or b}" any rule (^) or regulation of the Board of Health (^) of said city. He shall not engage in any other business or trade while serving as such Inspector of Meats. (a) As to the legal meaning of the word "rule," see the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 136. (yr. 1894). See See. 76 " a " of the Charter. The Board of Health can pass "rules and regulations," but not or- dinances. See " b, " below. (b) The "other duties," mentioned in the above section, mean such as the Board of Health may create by ' ' rule or regulation. ' ' The Board of Health cannot pass an ordinance or resolution, for all legislative pow- ers are vested in ' ' Tlie Council. ' ' The Board of Health, for instance. ACTS OF THE GENERAL ASSEMBLY. 163 cannot pass an ordinance requiring butchers and persons selling meats, &c., to have the same covered with, or inclosed in, glass cases. Mayor and Council of Wil. vs. Eeed. (yr. 1910) Munic. Ct. (Decision final.) See Sec. 137, "a" of the Charter. the first meeting of the Council of said city in the month of t July, A. D. 1896, and biennially thereafter, the Council shall elect an Inspector of Meats, and in case of said office becom- ing vacant at any time from any cause whatever, the Council shall within ten days from the happening of such vacancy elect a person for the unexpired term. Election. Sec. 4. The salary of the Inspector of Meats shall be one thousand dollars per annum, payable monthly in the salary. same manner as other officers of said city are paid. Sec. 5. All acts and parts of acts inconsistent heremth are hereby repealed. Passed at Dover, May 2, 1893. AN ACT authorizing the House Sergeant on duty as such ai 21 d. l. 246. the Police Station in the City of Wilmington to issue Warrants of Arrest in Certain Cases. Section 1. That in the absence from his office, of the Clerk of the Municipal Court of the City of Wilmington, the jjouse ser- House Sergeant on duty as such at the Police Station in the ful warrants said City of "Wilmington, is hereby authorized and empow- fe^'^.ltiis'"^^' ered to issue under his hand and seal a warrant or warrants for the arrests of any person or persons charged, on oath or affirmation before him, to be guilty of any offence or crime within the jurisdiction of said Municipal Court (which oaths or affirmations the said House Sergeant is hereby authorized and empowered to administer.) Warrants issued as provided in this Section shall be in the same form, directed in the same manne1-"of manner, confer the same authority and immunity upon the issue, &c. officer or officers executing the same, returned in the manner and in all respects as lawful and effectual as if the said war- 164 ACTS OF THE GENERAL ASSEMBLY. rants had been issued by the Clerk ('^) of the Municipal Court aforesaid. Approved June 9, A. D. 1898. (a) See Sec. 14, paragraph 5, of , the Charter. 21 D. L. 247. AN ACT autliorizing the House Sergeant on duty as such at the Police Station in the City of Wilmington to take hail in Certain Cases. House ser- SECTION 1. That in the absence, from his office, of the geant to take ' ' bail, &c. Clerk of the Municipal Court, of the City of Wilmington, the House Sergeant on duty as such at the Police Station in said City of Wilmington shall have power and authority to fix the amount of, approve, receive and take bail, in bailable cases, for the appearance of any person or persons, under arrest or detention, at the then next ensuing session of said Municipal Court, bail bonds taken as authorized by this act shall be as binding, effectual and subject to the same liability and pro- ceedings as if the same had been taken by said Clerk of the Municipal Court. (a) See Sec. 14, paragraph 5, of the Charter. Filing of bond. The said bail bonds shall at the session of. said Municipal Court next ensuing the taking of the same as aforesaid, be filed with the clerk of said court. Passed at Dover, May 27th, 1898. Approved this the ninth day of June, A. D. 1898. 24 D. L. 315. ^JV" ACT in Relation to the Dressing of Certain Animals. Unlawful to SECTION 1. That from and after the approval of this cass of sheep Act, it shall be unlawful for any person or persons, firm, as- uniess sociation or corporation to buy, sell, exchange, dress or deal certafn man- in any carcass of sheep or lambs in the City of Wilmington with the heart, liver and lights, commonly called the "Pluck" in the body of any such animal or with the hoofs of either of said animals on them. Sec. 2. That from and after the approval of this Act it shall be unlawful for any person or persons, firm, association ACTS OP THE GENERAL ASSEMBLY. 165 or corporation to ship or bring into the City of Wilmington ^,,"'^^'t"' ^° for sale, or for any person or persons, firm, association or wnmington ofirCciss or corporation to receive any carcass of sheep or lambs with sheep and ^ ./ i lambs unless the heart, liver and lights commonly called the "Pluck" in Pressed in " *^ certain man- the bod}' of either or both said animals, or with the hoofs of ner. either or both said animals on them. Sec. 3. Any person or persons, firm, association or cor- Penalty for poration, who shall violate any of the provisions of this Act, act. shall upon conviction thereof, be punished by a fine for the first offence, of not less than five nor more than ten dollars; for the second offence, not less than ten nor more than twenty dollars; and for a third and all subsequent offences, not less than twenty-five nor more than one hundred dollars ; and any convicted person or any officer, agent or employee of a corporation convicted of any such offence who shall re- fuse or neglect to pay such fine may be imprisoned for a term not less than ten days nor more than six months. Sec 4. That all violations of this Act and offences jurisdiction against the same shall be misdemeanors, and the Municipal court."'^'^^^ Court of the City of Wilmington shall have jurisdiction to hear, try and determine them or any of them upon informa- tion by the Attorney General, his deputy, or the prosecuting officer of the Municipal Court or any other person under oath. Sec. 5. That all acts or parts of acts inconsistent here- with, be and the same are hereby repealed. Approved April 9, A. D. 1907. AN ACT to provide for the appointment of a Gas Inspector 22 d.'l.^zi. for the City of Wilmington. Section 1. From and after the first day. of May A. D. inspector of 1903, the Inspector of Plumbing, of the City of Wilmington, beTso alf shall assume the duties of Gas Inspector in and for the said i^^p^^'^*''"- city, and shall perform the duties hereinafter provided for. Sec. 2. Before entering upon the duties of his office, («) the ^said Gas Inspector shall give bond to "The ]\Iayor and Coun- 166 ACTS OF THE GENERAL ASSEMBLY. Bond. eii Qf Wilmington," with good and satisfactory security, in the sum of one thousand dollars, conditioned for the faithful performance of his duties, such bond to be approved by the said Council of the City of Wilmington. (a) As to the phrase "before entering uijon the duties of his of- fice," see Sec. 11, "a" of the Charter, and the case of Pickering vs. Day, 2 Del. Ch. 333 at 334. (yr. 1866) Salary. Sec. 3. He shall receive as Gas Inspector, the sum of Five Hundred Dollars per year, payable monthly. may appoint Sec..4. Should the Gas Inspector at any time require the assistant. services of an assistant, he shall report the facts to the City Council, and the said Council may, if in their judgment they deem it necessary, appoint an assistant («) for such time and at such salary' as they may determine. («•) As to The Council 's powers as to appointment of officers, see See. 3, of the Charter. Mayor and Sec. 5. The Said Mayor and Council of Wilmington rected to shall have power and are hereby authorized and directed to su^t'ataie rules adopt and promulgate suitable rules («) and regulations gov- meift° of"^"" erning and regulating gas pipes and fittings in the City of Wil- mington, in buildings that may hereafter be erected, and pro- vide for the enforcement of such rules and regulations, and further make provision for the punishment of person or per- sons who shall refuse or neglect to comply with the same. (a) As to the meaning of the word "rules," see Sec. 76, "a" of the Charter and the case of Morris et al vs. Pilot Coms., 7 Del. Ch. 136. (yr. 1894) May make ggQ 6 The said Mayor and Council of Wilmington additional • " rules for gas may also, by rules («) and regulations, establish a system of in- spection and supervision of gas pipes, fittings and fixtures, in buildings now erected. (a) See Sec. 5, "a" above. Gas inspec- Sec. 7. The Gas Inspector shall make a daily inspection tor to make -, n ^ -n t -t ix dally tests of and tcst 01 the gas as to candle power and report the result gas as to r> • T T /-I •^ T 1 power. 01 said test to the Council monthly. ACTS OF THE GENERAL ASSEMBLY. 167 Sec. 8. Any consumer of gas can have his meter tested q" ^^|te',P" under the supervision of the Gas Inspector upon filing ap- "ffjon of ^^' plication for same. If meter proves correct in accordance consumer, with United States Standard, the applicant shall pay costs ^^^^^ of said test, provided however the cost shall not exceed fifty cents. If the said meter should not conform to above stand- ard the costs of said test shall be borne by the Gas Company. Sec. 9. All fees so collected shall be paid monthly into Fees to be paid to City the treasury of the City of Wilmington. Treasurer. Sec. 10. All acts or parts of acts inconsistent herewith are hereby superseded. Approved April 16, A. D. 1903. 168 ACTS OP THE GENERAL ASSEMBLY. CHAPTER III. ACTS RELATING TO PUBLIC PARKS. Page Act Creating the Board of Park Commissioners 168 Page Act to Authorize the Bor- rowing of Money for Pur- chase of Parte Lands 173 17 D. L. 404. ^x ACT to provide for Puhlic Parks for the use of the citizens of Wilmington and its vicinity. Acquisition SECTION 1. That The Mayor and Council of Wilmington parks. shall have power to take and acquire lands either by deed or devise, and to receive and accept all donations of money, by gift or legacy, for the purpose of providing and maintaining 7, 1909. 25 one or more open places or parks for the promotion of the health and recreation of the people of the City of Wilming- ton and its vicifiity; and that lands within the corporate limits of the said city, or within [five] miles from the bound- ary thereof, may be purchased or acquired by, and conveyed Title. or devised to, and the title and ownership of such lands be vested in the said Mayor and Council of Wilmington, for the purposes aforesaid. Board of Park Com- missioners. Sec. 2. That William P. Bancroft, George H. Bates. Thomas F. Bayard, Edward Betts, Francis N. Buck, George W. Bush, William M. Canby, Joseph L. Carpenter, Jr., Henry A. DuPont, J. Taylor Gause, and their successors, who shall be appointed as hereinafter provided, together with the Mayor of the City of Wilmington, the President and the Chairman of the Finance Committee of the City Council, and the Chief Engineer of the Surveying Department of said city, for the time being, are hereby created and constituted a Board of Park Commissioners. The said Mayor, President, of fh"board" Chairman and Chief Engineer shall be ex-officio members of the said board. The said commissioners shall organize on or ACTS OF THE GENERAL ASSEMBLY. 169 before the first day of January. 1884, by the election of a Qj^^erg" °^ president, who shall be a member, and a secretary and treas- urer, who may or may not be members of the board, and shall immediately proceed to classify the first ten commis- sioners above named, as follows : Two of said commission- commission- ers shall be selected by lot to serve until the expiration of ®^^- one year ; two to serve until the expiration of two years ; two to serve until the expiration of three years ; two to serve un- til the expiration of four years ; and two to serve until the vacancies. expiration of five years, from the first day of January, A. D. ^°^ ^'^®'^- 1881 ; and whenever a vacancy shall occur among any of the commissioners, who shall have been classified as herein di- rected, by expiration of term of service, or otherwise, the same shall be filled by the Associate Judge of the Superior Court of Delaware residing in New Castle County, who shall appoint a successor, and every such appointment shall be for the term of five years, unless when made to fill an unex- pired term. No commissioner shall receive any compensa- no compen- tion for his services as a member of the board. The treas- urer shall, before he enters upon the duties of his office, («) give Treasurer's bond to The Mayor and Council of Wilmington in such ^^°"*^' amount as shall be determined by the board of commission- ers, with surety to be approved by the President and on(^ other member of the said board, conditioned for the faithful performance of the duties of his office, and with warrant of attorney for the confession of judgment annexed thereto. (a) As to the phrase "before he enters upon the duties of his of- fice," see the case of Pickering vs. Day, 2 Del. Ch. 333 at 334. (yr. 1866) See Sec. 11, "a" of the Charter. Sec. 3. That as soon as the said commissioners shall have fully organized, they shall have the care and manage- ment of all lands, the title to and ownership of which shall, after the passage of this act, become vested in "The Mayor and Council of Wilmington," to be laid out and used as a ' ^ Powers and public park ; and they shall have the power to adopt and duties of the ^ . commission- execute all necessary and proper plans for the maintenance ers. and improvement of, and to supervise the expenditure of all moneys which may be given or appropriated for laying out, improving or adorning the same. And the City Council of 170 ACTS OP THE GENERAL ASSEMBLY. Park prop- erty exempt from taxa- tion. Wilmington may confer upon the said board, and the board may accept the care and management, from time to time, of any other grounds now appropriated or hereafter to be ap- propriated for park purposes, for the use of the said city. But the said board shall not contract any debts, the total amount whereof shall be in excess of its annual income or receipts, or which shall not be paid out of the annual appro- priation («) made for its use by the City Council of Wilming- ton. All land and property which shall be held, laid out, and used, for maintaining any public park, or which shall be pur- chased or acquired for such use or purpose, shall be forever free from state, county and city taxation, so long as used for such purpose. No county road, street, railway, sewer, water or gas pipes, telegraph or telephone wires, shall be laid out, opened, extended over, under, above or through any park under the control and care of the said Board of Park Commis- sioners without their approval and consent. (a) This section shows clearly that the yearly expenses shall be met out of the yearly income. The sinking fund provision is also applicable. "The Council" in 1873 had decided to buy land for park purposes, and to pay for the same as follows: a portion in cash, and the balance by giving notes covering a period of about 8 years. The following is taken from the case : ' ' The creation of debts and liabilities for the purchase of such lands, was in violation of the express provisions of the Charter of the city, and the supplements and amendments to the same, limiting the amount of the debt of said city which might be lawfully created, contracted or in- curred by it. ' ' Att'y General vs. Wil., 4 Del. Ch., 575 at 579. (yr. 1873) The following is from the syllabus of the above case: ' ' Upon an information by the Attorney General on the relation of the citizens and taxpayers of the City of Wilmington, the city may be enjoined against jjurchase of lands for a park, and the incurring of debts or liabilities for the purchase money in excess of the amount of indebted- ness which, under its Charter, it may lawfully contract. ' ' p. 575. Appropria- tion. Sec. 4. That the City Council of Wilmington shall, in the next estimate of the probable revenue and expenses of the city, made after the passage of this Act, and in every year thereafter, cause to be included in the said estimate, such sums as they may deem necessary and expedient for the improvement, management, and care of any park which ma.y have been acquired by the said The Mayor and Council of Wilmington, to be used and laid out by the said commis- sioners under the authority of this Act, and every sum so es- ACTS OF THE GENERAL ASSEMBLY. 171 timated for the use of such park as aforesaid, shall be appro- ^°^ p^^*^- priated bj' the Council and paid over to the Board of Park Commissioners. [Sec. 5. Whenever a majority of the members of said T.'^igog. 25^' Board of Park Commissioners shall recommend to the Coun- cil the acquisition of any land for park purposes, the Council shall, by a vote of two-thirds of all the members thereof have , 1 , 1 rj! -11 J- Shall have power to purchase the same. 11 an amicable arrangement power to satisfactory^ to two-thirds of all the members of the Council ^"' can not be made for such purchase, then such land, which shall be adequately described, may, under a resolution passed by two-thirds of all the members of the Council, be taken by the Mayor and Council of Wilmington for said purpose in the same manner and subject to the same conditions and pro- ceedings as are prescribed for condemning and taking land for the purpose of extending, widening, laying out or open- ing streets in the said city ; provided that nothing contained in this Act shall authorize the condemnation of any water rights and provided further that no appropriation shall be Proviso. made by the City Council for the purchase of land for park purposes outside of the present city limits, unless funds therefor shall have been provided by contribution, until af- ter the sum of Twenty Thousand Dollars shall subsequent to this date have been expended in the purchase of lands for small parks within the present limits of the City of Wil- mington. Any sum of money which may be agreed upon, or assessed, as the value of such land, or any portion of such money, the payment of which shall not have been otherwise provided for, shall be included in the next annual estimates and appropriations of the Council ; and the city shall have p^^^j. ^^ power to borrow such sum by note or bond if necessary, in borrow. anticipation of the next annual appropriations, provided that the sum so to be borrowed in any one year shall not exceed Twenty Thousand Dollars.] (a) The wording of this section is not entirely clear. When a ma- jority of the Park Commissioners shall recommend the purchase of ' * any land," The Council shall "have power to purchase the same." * * provided the sum "to be horroired in any one year shall not exceed $20,000. It does not say the debt incurred shall not exceed $20,000, but simply that the sum to he "borroived" shall not exceed $20,000 in any 172 ACTS OF THE GENERAL ASSEMBLY. Jurisdiction. Special policemen. one year. Unless the word "borrowed" means "incurred" i. e. "debt incurred." it would permit the purchase of land without limit, and prac- tically impair the sinking fund act. and the law limiting the debt of the city to 10% of the assessed valuation of real estate. This law should be amended. It, now, is a dangerous provision. Sec. 6. That for the better preservation of the public peace and order, the municipal jurisdiction of The Mayor and Council of Wilmington shall extend over and include any park which shall be laid out and opened under the au- thority of this Act. and also include and extend over the ter- ritory lying between such park and the boundaries of the City of Wilmington ; and all laws, ordinances, rules and reg- ulations of the said city shall apply to, and be enforced in and about said park and territory, as effectually as if the same were included within the limits of the said city ; and the board of commissioners shall have power to appoint such special policemen as they deem necessary, who shall have the same power and authority as are exercised by the policemen of the City of Wilmington and the constables of New Castle County. The board of commissioners shall, from time to time, appoint such officers, agents and subordinates as they may deem necessary for the proper management and care of any park under their control, and prescribe their duties and the compensation to be paid to them. Violations. Regulations. Sec. 7. The said board of commissioners shall have power to make all needful rules («) and regulations for the gov- ernment and use of any park under their control, not incon-' sistent with the laws and constitution of the United States, and the State of Delaware, or with the ordinances of the City of Wilmington; and any person who shall violate any of said rules and regulations shall be guilty of a misde- Misdemeanor meanor. and shall pay such fine as may be prescribed by said board of commissioners, not to exceed ten dollars for each and every violation thereof, to be recovered before the Mayor^ of the said city, or any justice of the peace in New Castle County, as debts of that amount are recoverable, Fine. 1. The jurisdiction of the Mayor relative to violations of municipal regulations is now vested in the Municipal Court for the City of Wilming- ton. ACTS OF THE GENERAL ASSEMBLY. 173 which fines shall be paid into the city treasury. No intoxi- Nointoxicat- cating liquors shall be sold in any public park, and no meet- or meetings ing of any kind assembled through advertisement, shall be permitted in any such park without the license or permis- sion of the board of commissioners ; nor shall any gathering or meeting for political purposes in any such park be per- mitted at any time. (fl) As to the legal meaning of the word "rules," see Sec. 76, "a" of the Charter, and the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 136. (yr. 1894) Sec. 8. The President of the said Board of Park Com- Annual missioners shall make an annual report in writing to the City '^^"^^ Council of the operations of the said board, together with a statement of its receipts and expenditures for and during tlie preceding year. They may make all needful by-laws for By-iaws. the government of the said board. If any member of said board, after having accepted an appointment thereto, shall refuse or neglect to serve as a commissioner, he may be re- moved and his place declared vacant by a vote of two-thirds of all the members of the said board. Passed at Dover, March 13, 1883. A SUPPLEMENT to an act entitled "An act to provide /or 17 d l. 889. Public Parks for the use of the citizens of Wilmington and its vicinity," passed March 13, 1883. Section 1. That in addition to the powers conferred by p^^gj. ^^ the act to which this is a supplement, The Mayor and Coun- |^°Qj^g^to cil of Wilmington, upon the recommendation of two-thirds fj^'^'^'^^®® of the Board of Park Commissioners, are hereby authorized to borrow upon bonds such sum or sums and upon such terms as the City Council may from time to time deem expedient, not to exceed in the aggregate the sum of one hundred and Amount, fifty thousand dollars, to be used in the purchase or acquisi- tion, in the manner authorized by the act to which this is a supplement, of land for a park or parks for the benefit of the citizens of Wilmington and its vicinity. Passed at Dover, April 10, 1885. 174 ACTS OF THE GENERAL ASSEMBLY. CHAPTER IV. ACTS BELATING TO THE WATER DEPARTMENT. Page 17 D. L. Rights and powers of the Water Commis- sioners. Act Creating the Board of Water Commissioners .... 174 Page Act Giving Authority to Construct a Public Bath House 183 AN ACT to establish a Board of Water Commissioners for the City of Wilmington, and for other ijurposes. Section 1. The City of Wilmington is hereby author- ized, through the agency of a Board of Water Commission- ers, («) hereby created, constituted and appointed, and their successors in office, to take, convey into and throughout said city, the water of the Brandywine river, from any point on said river, or other wliolesome water, and may also acquire and hold lands, real estate or personal property, necessary for constructing aqueducts, laying pipes, constructing reser- voirs, erecting buildings and machiner}' proper for the said works, and for purifying, conducting, storing and distribut- ing such water, and to purchase. (^) take and hold lands and water-rights for supplying the citizens with good and whole- some water. (^) (a) For a full history of the creation of this Department, and its powers, and the control of the Legislature over the same, see the case of Coyle vs. Mclntire, 7 Houst. 44. (vr. 1884) Sec. 1 of this Act is set out verbatim in the case below cited on pages 477 and 490, and commenting upon it, it was said by Spruance, J.: "Here we have conferred upon said city, by the agency of said board, the fullest power to acquire, hold and use real and personal property for the supply of water to the citizens of said city," &c. Weldin vs. Wil., 3 Penn. 472 at 490. (yr. 1902) Continuing, the same Judge said : ' ' Prior to the passage of said act, the waterworks of the city had been under the control of the City Council, and said act transferred said control to the said Board. * * Since said * act took effect, the City Council has had no power whatever as to the water supply of the city, and the powers of the corporation in this respect, whatever they may be, can ACTS OF THE GENERAL ASSEMBLY. 175 be exercised only through the agency of said Board, and said Board has no powers except those conferred upon it by said act. ' ' Weldin vs. Wil., 3 Penu. 472 at 489. (yr. 1902) Coyle vs. Mclutire, 7 Houst. 44 at 100-101. (yr. 1884) Bullock's Admr. vs. W. C. Ey. 5 Penn. 209 at 217. (yr. 1905) (&) The Board may "purchase real estate to be used for the con- struction of a new reservoir for said city and to pay for the same from the income, receipts and rents of the water works in the hands of said Board, ' ' of Water Commissioners. Weldin vs. Wil., 3 Penn. 472. (yr. 1902) (c) In reference to erecting jjumps, and later to purchasing the same ' ' for supplying the citizens with good and wholesome water, ' ' see the case of Coyle vs. Mclntire, 7 Houst. 44 at 77. (yr. 1884) (Brief of one of the attorneys.) Sec. 2. That William T. Porter, Caesar A. Rodney and commis- Lewis Paynter, of the City of Wilmington and State of Dela- po°inted.^^^' ware, are hereby constituted a Board of Water Commission- ers for the said city under this Act, with full powers to act as such for the term of two, four and six years, as herein specified, respectively, or until their successors shall be duly office!^ ° appointed. («) At the first meeting after the passage of this Act, said commissioners shall determine their terms by lot, and shall certify the result in duplicate to the City Council, and to the Recorder of Deeds for New Castle County. The said certificate shall be recorded by the said Recorder of Deeds, and the original, or the record thereof, or a duly cer- tified copy of the record, shall be evidence in all the courts of this State, as elsewhere. The commissioner who draws the two years' term, shall serve to, and until the first day of July, A. D. 1885 ; the commissioner who draws the four years' term, shall serve until the first day of July, A. D. 1887; and the commissioner who draws the six years' term, shall serve until the first day of July, A. D. 1889. At the ex- Mayor to ap- n ^ „ 1 . . , point .suc- piration of the term of the said commissioner, who shall ceeding com- T • • n r> 1 niissioners. draw the shortest term, and biennially thereafter, the place of the retiring commissioner shall be filled by appointment by the Mayor of the City of Wilmington for a term of six years. (a) Saulshury, Ch.: "In the case of the water works of the City of Wilmington, these works were not taken away Certificate. 176 ACTS OP THE GENERxVL ASSEMBLY. Qualifica- tions for member of board. Removal. Vacancies. from the city by the appointment of a Board of Commissioners to man- age them ; nor was their use diverted from its original purpose. ' ' Coyle vs. Mclntire, 7 Houst. 44 at 97. (yr. 1884) The Chancellor also said : "All the agencies of the city * * can be abolished or changed at the will of the Legislature, and * their functions terminated and as- signed to other and different agencies." (98) ' ' * although the water works * * may have been prior to the passage of this act '■ " under the control * * of the City Council * * it was competent for the Legislature to alter and change that con- trol, management and agency as it might deem proper." id 100-101. No person shall be eligible to appointment as a member of said board who shall not be a citizen of the United States, a qualified voter of this State, and a resident of the City of Wilmington for the last five years next preceding his ap- pointment. Any member of said board may be removed for cause, by the Mayor of said city, with the concurrence of two-thirds of the whole City Council. The reasons for the removal shall be entered in the journal. No person shall hold any other municipal office during his membership in said board. The said board shall have power to fill any vacancies in its own membership for the unexpired term, but all the members of said board shall not at any one time belong to the same political party. Oath. Organization of board. Each member of said board shall, before entering upon his duties, («) in addition to any oath required to be taken by other municipal officers, take and subscribe, and file in the office of the Mayor of the said city, an oath or affirmation that he will faithfully perform his duties as a water com- missioner of said city, and that he will neither be concerned or interested pecuniarily in any contract for work or mater- ials for or about the erection, construction, or repairs of said water works while a member of said board ; and further, that he will not be controlled in any vote or action, as a mem- ber of said board, by political or partisan consideration. (a) As to the phrase "before entering uj^on his duties," see Sec. 11 "a" of the Charter. Sec. 3. Within ten days after the passage of this Act, the said Board of AVater Commissioners hereby constituted, shall asssemble and organize by selecting one of their num- ber to preside over its deliberations. ACTS OF THE GENERAL ASSEMBLY, 177 The Registrar or Chief Clerk of the water department, for the time being, shall be secretary of said board. Sec. -1. («) The Board of Water Commissioners shall be comm1s-° paid for their services, from the passage of this Act, yearly ^'°"^^^- salaries, as follows, viz: To each, the annual sum of three hundred dollars ($300.) payable quarterly. The said city may, by the agency aforesaid, construct any aqueduct over construction or under any water course, street, road, or railroad, in such ° ^*^"^ manner as not necessarily to obstruct travel thereon, and may enter upon and dig up (^ ) any such street, road or railroad, for the purpose of laying down pipes beneath the surface, and for repairing the same, and, in" general, do all things necessary and proper for carrying this Act into effect. The said Board of Water Commissioners shall have control of all control of matters relating to the water supply in the City of Wilming- ton, of the management and direction of the water works now existing, or hereafter to be constructed in connection therewith ; shall have charge and supervision of all the mains, stop-cocks and fire hydrants and other fixtures ap- pertaining to the distribution of water through the city, and of the collection of all revenue due, or to become due, to the Revenue. City of Wilmington for water, or accruing to the said city on account of the water works thereof in virtue of any or- dinances now existing, or of any rules and regulations here- after to be passed by said board. (o) This section, beginning with the phrase "The said Board," &c., in the 11th line thereof, is set out in full and discussed in the case below mentioned. The Court in speaking of it (and other sections) said: Grubb, J.: "These plain and positive provisions" * (Sees. 1-1 and 7) "disclose a general legislative intent and pur- pose, to secure for the City of Wilmington from time to time, in the present and future, as its growing area and poi^ulation and needs require, a sure and ample daily suj^ply of good and wholesome water. ' ' Weldin vs. Wil., 3 Penn. 472 at 478. (yr. 1902) (&) The city must use the same degree of care and diligence in tear- ing up and replacing a street (laying a water drain in the street) as a good business man would do under like circumstances. Kent vs. Wil., 7 Houst. 397 at 399. (yr. 1886) Schelich vs. Wilmington, 1 Boyce 57 at 59-60. (yr. 1909) Sec. 5. The ordinances of said city now in force relating Ordinances '' ° how changed. thereto, shall continue in force until the same are changed («) 178 ACTS OF THE GENERAL ASSEMBLY. Control of officers. Books of department. Duties of board. Appointment and dis- ciiarge of offlcers. Further powers. in whole or in part, by the said board of commissioners, and all officers of the water department of said city shall be, from the time of the organization of said board of commissioners, under and subject to the control of said board, and the terms of office of all of said officers are hereby made subject to the termination (^) at the pleasure of said board, and all such of- ficers shall continue to perform the duties now devolved upon them by the ordinances of said city, until the board shall otherwise direct; and all books, accounts, and property con- nected with the water department of said city, or any office therein, shall be used and disposed of according to the di- rections of said board. (a) The ordinances should be changed in the manner prescribed by law. Mayor and Council of Wil. vs. McNabb. (yr. 1006) Munic. Ct. (De- cision final.) (ft) See Sec. 6, "a. " The said board shall keep, or cause to be kept, a full and true account, in suitable books, of all permits issued for the use of water, and all moneys received on account of use of water, according to the provisions of any ordinance now in force, or of any rules («) or regulations, hereafter to be passed by said board, and for all labor performed or materials or supplies furnished. (a) As to the legal meaning of "rules," see Sec. 76, "a" of the Charter. Sec. 6. The said Board of Water Commissioners, shall, in its discretion, appoint, employ and discharge («) all officers, agents, ministers and servants necessary for the manage- ment and service of the water works, and for the collection of the revenue arising therefrom, as herein provided, and shall determine the compensation to be paid to each one so employed; and said board shall make all needful rules and regulations to govern its own deliberations, and for the ob- servance of the officers, agents, ministers and servants by it emploj^ed, and shall determine the penalty and condition of the bond to be given by each of such officers, agents, minis- ters 'and servants. (fl) Prior to the creation of the Water Department, "The Council" had charge of the w-ater works, and had appointed Coyle Chief Engineer. ACTS OF THE GENERAL ASSEMBLY. 179 The Board of Water Commissioners discharged Coyle aud appointed Mc- Intire in his place. Coyle brought quo warranto proceedings to oust Mc- Intire from the office. The Court went into the matter exhaustively, de- clared the Act to be constitutional, aud that the Board had the right to appoint Mclntire Chief Engineer. Coyle vs. TCcIntire, 7 Houst. 44 et seq. (yr. 1884) I Sec.,^]^q The said board shall with all dispatch prepare Acquisition and resoh * on a plan for the permanent water works best suited to I circumstances of the City of Wilmington, cap- able of affording an ample daily supply for the inhabitants of the city, and may acquire for the City of Wilmington, by contract or otherwise, as hereinafter provided, all such real estate as may be needed for the construction of such extend- ed water works, the title of any real estate so purchased to ^itie. be vested in The Mayor and Council of AVilmington. (a) Section 7 is set out in full, and considered in the case below mentioned. The Court said : Grubb, J.: " * Section 7 does not itself primarily confer the power to acquire real estate. It merely recognizes and reiterates such jjower which already had been granted in Sec. 1. The special purpose of Sec. 7 was to make it the mandatory duty of the Board to supi^ly the defaults of the Council 's former administration of the Water Department by providing a permanent and adequate system of water works for the citv. ' ' Weldin vs. Wil., 3 Penn. 472 at 481. (yr. 1902) Sec. 8. The doing of all work and the furnishing of all contracts. materials (^) and supplies for the water works shall be let out by the Board of Water Commissioners ( ^ ) to the lowest and best bidder, except in cases where it is not practicable to do such work or furnish such materials and supplies by contract. Notice that the board will receive proposals for such work, pi-oposais materials or supplies shall in all cases be published at least five times, the last publication to be at least three days be- fore the opening of the bids, in two papers of the City of Wilmington. Such notice shall state the kind and the amount of the work to be done or furnished, the place where, and the period within which, the bids wall be received. Each Bids. bid must be signed by the bidder, and be accompanied by an Act of March undertaking signed by the persons ["or a thoroughly re- d.' l. 839. sponsible surety company, w^hich company or companies pany^may'"' must be acceptable to the Board of Water Commissioners"] uponap-"*^ offered by the bidder as his sureties, who must, in all cases, P'^^g^'.^^^^^ be resident free-holders of the City of Wilmington, declaring mfesfoners^" 180 ACTS OF THE GENERAL ASSEMBLY, Bond. Penalty for violation of contract. their consent to be such sureties in the event of the contract being awarded to such bidder; and if any contract be so awarded, and such bidder shall fail to complete the execu- tion of a contract therefor, with security for its performance approved by the said board, such bidder, and. s\i3 party or parties so undertaking for him, as aforesaid, and a be liable to pay to the City of Wilmington any damagt dev(t may be occasioned to said city by such failure. ''f ^ (a) If materials be furnished to a contractor, who has been em- ployed by the city in building water works, and he does not pay for the same, a mechanic 's lien cannot be entered up against the building, for it is not the ascertainment of the amount of the liability on the part of the municipal corporation for its own debt, and it is a general principle of law, that the property of a municipal corporation cannot be sold under execution process. The remedy is to mandamus the city to raise the amount of indebtedness by taxation. Emory & Co. vs. Coms. Laurel, 3 Penn. 67 at 69. (yr. 1900) Quinby & Co. vs. Wil., 5 Houst. 26 at 31. (yr. 1875) See Sec. 2, " c " of the Charter. (6) It expressly says in the above section that the Board of Water Commissioners shall make the contracts for the city. The Mayor has nothing to do with the matter. His duty is purely ministerial, viz : to sign his name as Mayor, and affix the corporate seal, to all contracts thus made. If he refuse, the Court, upon mandamus proceedings, will order him to do so. U. S. Sand Filtration vs. Bird. (yr. 1904) App. Dock. p. 225. McCormick vs. Fisher, 5 Penn. 273 at 276. (yr. 1903) See Sec. 7, " a " of the Charter. Duties of City Auditor. Auditor's books. Sec. 9. The City Auditor shall examine all bills against said board, and indorse them as correct before they are pre- sented to said board for payment. («) He shall also examine and countersign all drafts or orders, and withhold his sig- nature in case the draft or order is made without sanction of law, or with any circumstances of fraud actually or pre- sumably attached thereto, in all of which cases he shall re- port his action and the grounds therefor to the Board of Water Commissioners at its ensuing meeting. The board shall, thereupon duly, carefully, and publicly consider the case, and shall sustain or overrule his action by a unanimous vote of all the members of said board, whereupon it shall be the duty of the City Auditor, in case he shall be overruled, to countersign the said draft or order, in which case he shall be exonerated from all re.sponsibility in the premises. He shall also keep a book or books in which an exact and com- ACTS OF THE GENERAL ASSEMBLY. 181 plete record of all accounts so paid shall be entered, keeping a debtor and credit account with all persons doing work for, or furnishing goods to, the said board in any manner. (a) See Section 39 of the Charter. Clirr 10* * * * * * * * * Repealed. ^^^- ^^- Act of April *********** 9. 1885. 17 D. L. 888. Sec. 11. If any member of said Board of Water Com- Malfeasance missioners, or any officer of said board, shall at any time ap- or otncers of ply to his own use any of the money which may come to his hands, or under his control, by virtue of this Act, or which being a part of the revenue for the use of the water fur- nished by said works, or the proceeds of the sale of the bonds .by this Act authorized, shall in any way come to his hands or under the control of any such member or officer, the per- son so offending, and his sureties, shall forfeit and pay to the Forfeit. City of Wilmington a sum of money which shall be two-fold greater than the sum of money so applied to the use of the offender, to be recovered by action on his official bond, or otherwise as the case may be. Sec. 12. («) For the purpose of defraying all the cost of ac- ? sue bonds, quiring real estate for reservoirs, laying pipe, purchasing and establishing engines, constructing (^) all (c) the works contem- plated by this Act, and purchasing water rights, the City of Wilmington, on the requisition of said Board of Water Com- missioners, shall issue bonds, (^) each for the sum of one hun- Amount. dred dollars, or multiples of one hundred, payable in not more than thirty-five years from date of issue, to be denomi- nated "Wilmington City Bonds" to an amount, not exceed- ing one hundred and tw^enty thousand dollars, bearing in- terest not exceeding five and one-half per cent, per annum, and the Board of Water Commissioners may sell and dispose of the same on the most advantageous terms possible, but no commission or other compensation shall be charged or paid to any member of said board for effecting the sale or nego- tiation of said bonds. All the aforesaid bonds shall be signed by the Mayor, and countersigned by the Treasurer and City Auditor, in the same manner as other city bonds, and the 182 ACTS OF THE GENERAL ASSEMBLY. record thereof shall be made and kept by the City Auditor and Treasurer respectively. The said sum of one hundred and twenty thousand dollars, shall be in addition to, and ex- clusive of the sum of sixty thousand dollars, authorized to be borrowed for the purchase of water rights for said city at the present session of the General Assembly, and in case the said board of commissioners shall, under the provisions of this Act, take control of said water department before the issue of said bonds to the amount of sixty thousand dollars, it shall be the duty of the City Council to complete the issue and sale of said bonds, and to use the proceeds of the same for the purchase of the water-rights contracted for by said Council, and the board of commissioners shall have no au- thority to interfere with the same. (a) This section is partly set out and discussed in the case below cited. Grubb, J.: "Section 12 was enacted in contemplation of, and in accord with, the following provision of Sec. 71 of ,the Wilmington City Charter of 1883. * * Hence the purpose of Sec. 12 was to relieve the Board as the agent of the city from this limitation of said Charter provision, and permit it to borrow money, if it deemed it proper to do so, upon the city's credit to an amount not exceeding $120,- 000," &c. Weldin vs. WiL, 3 Penn. 472 at 483. (yr. 1902) It was ' ' designed to be a temporary, and not a permanent provis- ion. " id 484. (ft) For the broad meaning of the word "construct," in this sec- tion, see above case, p. 486. (c) For a construction of the word "all" in this section, see above case, p. 480. (d) Grubb, J.: "The bonds authorized or referred to by Section 12 of said act, amounting to $180,000, were issued and the proceeds thereof expended as provided in said act, and no por- tion thereof is now, or since about 1889, has been, in the possession of said board." id. 473. The above case decided that the Water Department could purchase real estate for a new reservoir and pay for the same from the income, rents and receipts of the water works in the hands of the Department. id. 472. Deposit of gj.Q_ i'^ The proceeds of the sale of said bonds, and also money. '■ ' the revenue derived from the water works, shall be received by said Board of Water Commissioners and placed on de- posit in such bank at Wilmington, as shall, from time to time, be the depository of the funds of the city, to the credit of the said board ; and all moneys to be disbursed thereon on ACTS OF THE GENERAL ASSEMBLY. 183 account of said water works, shall be drawn upon warrants warrants, sig'ued by the President of said board, and countersigned by the City Treasurer and City Auditor. Sec. 14. The water rates shall be fixed by the said "^vater rates. Board of Water Commissioners, at prices that shall produce revenue sufficient, at least, to pay the interest on the water bonds and the running expenses of the water works. Pro- „ „. . Proviso. vided, that m no case shall a dwelling house, having one hy- drant in the yard or kitchen, or both, be charged more than five dollars. [All rents, income, receipts, revenues and moneys from Act of March all sources, now received, or hereafter to be received, by the b.' l. 348. " said Board of "Water Commissioners, (excepting the annual appropriations made by The Council to said Board), shall be paid monthly on the first day of each and every month to the City Treasurer for the use of the City, to be expended for municipal purposes in such manner as the Council may deem proper.] Sec. 15. This act shall take effect from its passage, and all acts inconsistent herewith are hereby repealed. Passed at Dover, April 18, 1883. AN ACT to amend an act entitled ''An act to establish a^oD. l. i56. Board of Water Comm.is.^ioners for the City of Wilming' ton, and for other purposes." Section 1. The Board of Water Commissioners for the Public bath house may City of Wilmington are herebv authorized and empowered, at be con- ^ ■ structed such time as they shall deem proper, to construct, erect and near water ■^ 115 works. maintain a public bath house at or near the city water works on the Brandywine river, the cost of such bath house and ex- pense of maintenance to be included in and paid as one of the Expenses. how borne. operating expenses of the water works for the year m which such cost or expense is incurred. Sec. 2. That for the better protection of the water of the Brandvwiiie river and its tributaries, the Board of Water 184 ACTS OF THE GENERAL A.SSEMBLY. Two patrol Commissioners for the City of Wilmington are hereby given officers may .7 o jo I'eapjDomted power and authority to appoint two patrol officers who shall the pollution \)q vested with police powers and who shall be under the con- of the '■ ^ waters of the trol and subiect to the rules and regulations of the Board of Brandywine. " ..... ^ . ^. ,. Water Commissioners. Their jurisdiction shall extend to the Jurisdiction. " State line within which they shall have authority to make ar- rests for any violation of the State laws in regard to the pol- lution («) of streams. Passed at Dover, March 28, 1895. (a) In regard to the pollution of streams, see Act of Feb. 4, 1864, 12 D. L. Ch. 405; Eev. Code p. 926. The City of Wilmington, as a riparian proprietor (independent of the above acts) is entitled to pure water. The Chancellor: It "has a legal right to the flow of water * * in its accustomed channel and in its usual volume. It has a legal right to the flow of said stream in its accustomed 'purity, unpolluted by riparian owners above. ' ' Jessup & Moore Paper Co. vs. Ford, 6 Del. Ch. 52 at 70. (yr. 1887) ; Farman vs. Ford, 6 Del. Ch. 47. (yr. 1886) Harlan & Hollingsworth Co. vs. Paschall, 5 Del. Ch. 435 at 453. (yr. 1882) ACTS OF THE GENERAL ASSEMBLY. 185 CHAPTER V. ACT RELATING TO THE HARBOR OF WILMING- TON. («) Page Act Creating the Harbor Commissioners and Board of Port Wardens 185 Act to Establish Bulkhead Wharf and Pier Lines on the Delaware River 201 Page Act Authorizing the Mayor and Council to Make Ap- propriation for the Im- provement of the Chris- tiana River 204 Act of April 18, 1883, as AX ACT for the protection of the Harbor of Wilmington, and tf^tch^27, the improvement of the navigation of the waters thereof, ushed as amended. 17 Section 1. That Wm. T. Porter, Franklin B. Colton,^- ^- ^^^• George W. Bush, Geo. A. LeMaistre, and Washington Jones, Harbor com- be and they are hereby constituted and appointed commission- ^-elted.^'^^ ers to do and perform the matters and things hereinafter pre- scribed, that is to say : The said commissioners shall, within two years after the passage of this Act, view (^) the Christiana river from where the bridge of the Philadelphia, Wilmington and Baltimore Railroad Company crosses the same to the mouth thereof, and the Brandywine river from M'here the bridge known as the JMarket street bridge crosses the same to the mouth thereof, and that part of the river Delaware upon which the City of Wilmington fronts, and the shores and mar- gins of said rivers within the limits aforesaid, and fix, alter, re-adjust, establish and determine lines beyond which no wharf, pier, bulkhead or other structure or obstruction, shall be erected, placed, or maintained in the tideway of said rivers within the limits aforesaid. (^) (a) For an interesting account of the powers, &c., of the Board of Harbor Commissioners in regard to fixing wharf lines, and when the Court of Chancery will interfere on the ground that an obstruction has been erected in a navigable river, and as to the rights of rijiarian proprietors, &c see the case of ' Harlan &■ Hollingsworth Co. vs. Pasehall, 5 Del. Ch. 435. (yr. 1882) In the above case the Court would not enjoin the building of a 186 ACTS OF THE GENERAL ASSEMBLY. wharf in the Christiana Creek, though far out into the stream, beyond the wharf line, as it did not interfere with navigation to the extent of be- coming a public nuisance, id. 436. (See Sec. 9, "a" below) (b) Saulsbury, Ch.: In the year 1885 "Five commissioners were appointed " * to view the River Christi- ana where the same fronts the City of Wilmington, and thereupon to ad- just and determine a certain limit on each side of the Eiver Christiana to which wharves niav be hereafter extended out into the said River, ' ' &c. id. at 449. (c) See the act entitled "An Act to establish, bulkhead, wharf and pier lines on the Delaware River, in front of the City of Wilmington and vicinity." 22 D. L. p. 5, Act of March 8, 1901, p. 201 this volume. Commis- sioners' powers. Sec. 2. In the performance of the duties aforesaid the said commissioners may, so far as they shall deem it practi- cable and expedient, ratify and adopt the lines established Avithin the limits aforesaid pursuant to the act passed April 9th, 1869, entitled "A further supplement to the act entitled 'An act to regulate the building of wharves in the City of Wilmington,' passed at Dover, February 6th, 1855," but they shall have full power and authority to alter and change the same, or any part thereof ; but all lines so ratified and adopted, and all so altered and changed, as well as all new lines fixed and established by the said commissioners, shall be described and plotted in the return of their proceedings hereinafter mentioned. May estab- lish land marks. Surveyor. Oath, by whom ad- ministered. Sec. 3. The said commissioners for the purpose of ascer- taining and establishing said lines, shall have power and au- thority to enter upon any lands adjacent to said rivers and there fix and establish such landmarks as they may deem necessarj' for the purpose aforesaid. And said commissioners, in the performance of their duties under this Act, shall have authority to take to their assistance and employ such compe- tent and skillful engineer or surveyor and other persons as they may deem necessary. The said commissioners, and the engineer or surveyor employed by them, before proceeding to the performance of their duties under this Act. shall be sev- erally sworn or affirmed to perform the same faithfully and impartially to the best of their skill and judgment. Such oath or affirmation may be administered by the Mayor of the City of Wilmington, or by any justice of the peace residing therein. ACTS OF THE GENERAL ASSEMBLY. 187 and certificates thereof shall be annexed to the return of said commissioners and be recorded therewith. Sec. 4. The said commissioners, as soon as conveniently Return du- . . . . iilicate. may be after adjusting, determining, and establishing such lines as aforesaid, shall make return of their proceedings in the premises, in duplicate, under their hands, or the hands of a majority of them, to the Council of Wilmington, together with duplicate plots, showing distinctly the said lines, with Duplicate . w ,. plots. such courses, distances and landmarks as they may have adopted for ascertaining the same. And the said Council shall thereupon cause one of said returns and plots («) to be filed and preserved in the office of the Chief Engineer of said city, and the other of said returns and plots to be filed, preserved and where filed ^ '_ and recorded. r.ecorded in the office of the Recorder of Deeds in and for New Castle County, and the said duplicate returns and plots re- spectively, and the record thereof, as well as duly certified copies of the same, or of the record thereof, shall be competent Evidence. evidence for all purposes. («) Saulsbury, Ch.: "The Commissioners were required to make a return of their proceedings in the premises, with a plot of the said Eiver Christiana, showing distinctly the said limits, with such distances and landmarks as might be adopted for ascer- taining the same. The return and plot were required to be filed and pre- served in the office of the City Council. ' ' Harlan & Hollingsworth Co. vs. Paschall, 5 Del. Ch. 435 at 449. (yr. 1882) Sec. 5. The acts of a majority of said commissioners shall vacancies, be valid as the act of all of them ; and any vacancy occurring in said commission, by death, resignation, or otherwise, shall be filled by the remaining commissioners. The Council of Wil- mington shall fix the compensation of said commissioners, and provide for the pavment of the same. The compensation of compensa- . * . tion. how the engineer, surveyor, and other persons employed bj" said paid, commissioners in the execution of their duties under this Act, shall be fixed by said commissioners, and provision for the payment of the same, as well as for the other necessary ex- penses of said .commission, shall be made by the Council of Wilmington, from time to time, upon certificates by said com- missioners. 188 ACTS OF THE GENERxVL ASSEMBLY. Act of 20 D. L. 667. Building line for wharves, &c. "WTiarves. &c.. hereto- fore erected not affected. Proviso. Building line may be changed. Limit. Change to be recorded. May re-es- tablish land marks. Sec. 6. ["From and after the making of said return by the said commissioners to the said council as aforesaid, no person shall erect, place or maintain in the tideway of said rivers or either of them, Avithin the limits aforesaid, any wharf, pier, bulkhead or other structure or obstruction beyond the lines established and determined by said commissioners in and by their return as aforesaid. («) Provided, however, that the es- tablishment and determination of any such line or lines by said commissioners as aforesaid, shall not render unlawful the maintenance of any wharf, pier, bulkhead or other structure which before that time had been erected or placed in the tide- way of either of said rivers bej^ond such line or lines. And provided further, that nothing contained in this section shall be construed to render unlawful or to prevent the erection and maintenance of suitable abutments, piers, piling and spans for bridges (^) that are or may be authorized by the laws of this State or of the United States, or the erection and maintenance of suitable fenders and bulkheads, for the protection of draw- bridges from ice and freshets, such protecting fenders and bulkheads not to extend into the waterway within the lines of the open span or draw or obstruct navigation or interfere with the free passage of vessels through the same ; and whenever such protecting fenders or bulkheads shall be deemed neces- sary for the safety of any drawbridge by the Levy Court of New Castle county having charge of the construction and maintenance of such bridges they may be so erected and con- structed. (^) And jjrovidedfurtJier, that thehoardot port war- dens shall have power in their discretion to, from time to time, alter, readjust and establish the exterior lines of wharves, piers and bulkheads in any of said rivers within the limits named, not extending, however, said exterior line beyond the line of mean low water ; and in every such case such alteration or readjustment shall be drawn and recorded on the returns or plots mentioned in Section 4 of this act, and they shall have power also to restore and replace where necessary the land- marks establishing said line whenever said landmarks shall be found to have been destroyed or removed."] (a) As to the Delaware Eiver, see Sec. 4 of the Act named in Sec. 1, " c ' ' of the above Act. (b) As to the general common law right, as a riparian proprietor, to ACTS OF THE GENERAL ASSEMBLY. 189 build a bridge, &e., to low water mark in front of his land abutting on a river, see case of State vs. Eeybold, Jr., 5 Har. 48-i at 486. (yr. 1854) (c) This power granted by the Legislature to the Levy Court, is practically without limit. The Legislature can do as it pleases with its streams. Harrington, Justice: " * all navigable rivers within the State be- long to the State, not merely in right of emi- nent domain, but in actual projjriety. (135) * * The State has the un- restricted right of a proprietor over its waters, and may obstruct or close the same if the public interest or convenience requires it to do so. As a public highway it is free to all citizens for navigation or fishery; but when the Legislature deems it more beneficial to the public to close this highway by a permanent bridge, or to exclude the fish from its waters by a dam, it is a question only of public expediency, and furnishes no just ground of complaint from individuals who have heretofore enjoyed benefits and advantages, which may be abridged, or cut off, by the im- provement. ' ' Bailey vs. Eailroad Co., 4 Har. 389 at 396. (yr. 1846) Wharf Sec. 7. From and after the passage of this Act, no per- son shall erect, place or maintain in the tidewav of said riv- separate ^ • from the ers, or either of them, within the limits aforesaid, anv wharf, main land ' "■ ^ not allow- platform, or other structure supported on piles, piers or able. abutments, in such manner as to leave open spaces between such piles, piers, or abutments above the level of low water, («) or any platform or hollow wharf, without completely sheath- ing the sides and end of the same above the level of low water, with yellow pine or oak plank, not less than three inches in thickness, or construct or maintain any sluiceway <3,„i^„.„,^,,„ or culvert above the level of low water in any wharf or other ^,°ig^"°^'' structure which has been, or may be, erected or placed in the tideway of said rivers, or either of them, within the limits aforesaid. Provided, that nothing contained in this section Proviso, shall be construed to render unlawful the maintenance of any wharf, platform, or other structure heretofore erected or placed in the tideway of either of said rivers, supported on piles, piers, or abutments, as aforesaid, or to render un- lawful the maintenance of any sluiceway or culvert hereto- fore constructed above the level of low water, as aforesaid, or to prevent the erection or maintenance of suitable piers for bridges that are or may be authorized by law. and noth- ing contained in this section shall apply to the river Dela- ware. (a) Saulsiiiry, Ch.: A "riparian proprietor holds to the low water mark" (453) and if "a reasonable space" is 190 ACTS OF THE GENERAL ASSEMBLY. License from port ward- ens. Penalty. Fine. Proviso. "left for the passage of vessels, then it" (a wharf) "is not an unrea- sonable obstruction." Harlan & Hollingsworth Co. vs. Pasehall, 5 Del. Ch. 435 at 454-5. (yr. 1882) State vs. Eeyboid, Jr., 5 Har. 484 at 486. (yr. 1854) And see Sec. 4 of the Act mentioned in Sec. 1, "c" (above) of this Act relating to Harbor Commmissiouers. Sec. 8. Any person who shall, at any time after the ap- pointment of port wardens as hereinafter provided, erect, place, or extend in the tidcAvay of said rivers, or either of them, within the limits aforesaid, any wharf, pier, bulkhead, or other structure without having first obtained therefor a license from said port wardens as hereinafter provided, («) shall be guilty of a misdemeanor, and upon conviction thereof in the Court of General Sessions of the Peace and Jail Delivery, shall be fined not less than one hundred dollars, nor more than one thousand dollars. Provided, however, that if such wharf, pier, bulkhead or other structure shall, under the pro- visions of this Act, be in whole or in part a public nuisance, nothing in this section contained shall operate to bar an in- dictment for maintaining such public nuisance, or to prevent the abatement of the same by said port wardens in manner as hereinafter provided. (a) As to the Delaware River, see note to Sec. 7, "a," last line thereof. Nuisance. Abatement of nuisance. Sheriff's writ. Sec. 9. Any person who shall violate any of the provis- ions of Section 6 or Section 7 of this Act shall be guilty of maintaining a public nuisance, («) and upon conviction thereof in the Court of General Sessions of the Peace and Jail De- livery shall be fined not less than one hundred dollars nor more than two thousand dollars, and said court, if such pub- lic nuisance shall not then have been abated, shall order the Sheriif of New Castle County fortliAvith to abate the same under the direction of the Board of Port Wardens of the City of Wilmington, and shall issue to said Sheriff the writ of said court, commanding him to levy and make of the goods and chattels, lands and tenements of the defendant, the costs and expense of such abatement by said Sheriff, and all the lands and tenements of the defendant within New Castle County shall be bound for the amount of said costs and ex- pense from the time of the issuance of said order ; such writ ACTS OF THE GENERAL ASSEMBLY. 191 shall be executed upon either the real or personal property ^f ^'^ ^P^ of the defendant, or both, and returned on the first day of the next term of said court, the Sheriff giving ten days' no- ^*?tice of tice, in a daily newspaper published in the City of Wilming- ton, of the sale of the property levied on, by the advertise- ment describing the property to be sold, and appointing the day, hour and place of sale thereof. The sale of any lands and tenements under such writ shall be subject to the confir- mation of said court, and upon confirmation thereof said ^f°c^J,'^^**°" court shall order the execution of a deed or deeds to the pur- ^^^^^ ^^ chaser or purchasers, conveying to him, her or them, the chaser. lands and tenements so sold. (^) Such conveyance shall have the same operation and vest the same title as a deed by the '^**^®- Sheriff of lands and tenements sold under a writ of venditioni exponas issuing out of the Superior Court of the State of Dela- ware. If such sale of real estate shall not be confirmed, said court may issue further orders of sale thereof, to be executed in like manner. The purchase money of real estate so sold Application shall not be applied to the payment of such costs or expense monev*^'^^^^ of abatement, but shall be held by the Sheriff, subject to the order of said court, until confirmation of the sale. Provided, Proviso. however, that nothing in this section contained shall be con- strued to limit or qualifv the power of the Chancellor to re- , . ,. . / ■ ^ _ _ Jurisdiction strain, by injunction, the erecting, placing, or maintaining of Chan- in the tideway of said rivers, or either of them, within the limits aforesaid, any wharf, platform, pier, bulkhead, or other structures or obstruction, or any culvert, or sluiceway, contrarv to the provisions of this act. And provided further, Further ^ X / J proviso. that said Board of Port Wardens shall have full power and „ ^ Powers of authoritv, upon wantten complaint at anv time made to said fo'"*, '■ ^ • Wardens. board, or any member thereof, by any person whomsoever, forthwith to abate and remove any wharf, platform, pier bulkhead or other structure or obstruction, or any culvert, or sluiceway in the tideway of said rivers, or either of them, within the limits aforesaid, so far as the same shall, in the opinion of the said board, violate or be forbidden by the pro- visions of this act, or any wreck, bar, rock, abandoned ma- terial or property, or other accidental obstruction in said rivers, or either of them, within the limits aforesaid, which 192 ACTS OF THE GENERAL ASSEMBLY. Proviso. Injunction by Chan- cellor, when. Costs, how met. Sale. Notice. Proceeds of sale. Residue, to whom paid. When de- posited in bank. Board may have an action for debt, when. Proviso. Appeal from judgment. shall, in the opinion of said board, be dangerous to naviga- tion; and provided further, that the Chancellor shall have power to restrain, by injunction, any improper exercise by said Board of Port Wardens, of the summary power of re- moval or abatement hereinabove conferred upon said board. The said Board of Port Wardens shall have power, for the purpose of defraying the costs and expenses of such abate- ment or removal, to sell any property or material so removed at public sale, first giving ten days' notice thereof in a daily newspaper published in the City of Wilmington, by adver- tisement, describing the property to»be sold, and appointing the day, hour and place of sale thereof; the balance, if any, of the proceeds of said .sale, after defraying such costs and expense, together with costs of sale, to be paid to the owner or owners of such property or material, or, in case such own- er or owners be unknown to said Board of Port Wardens, to be deposited in the Farmers' Bank of the State of Delaware at Wilmington, to the credit and subject to the order of the Court of General Sessions of the Peace and Jail Delivery. The said Board of Port AVardens shall also have power to recover the amount of the costs and expense of such abate- ment or removal, or any part thereof, in an action of debt, to be brought by said board in the name of the Board of Port Wardens of the City of Wilmington, against the owner or owners of the property or material so abated or removed, or the person or persons who shall have caused or maintained the nuisance so abated or removed, before any Justice of the Peace in the City of Wilmington; provided, however, that an appeal shall lie from any judgment rendered in such action of debt to the Superior Court of the State of Delaware, as in other actions of debt brought before said Justices of the Peace. (a) The Chancellor: "I cannot admit it to be true that the mere fact of the doing a particular thing, — as the driving of a pile, or tlie building of a wharf beyond the wharf line laid down by the commissioners, — being declared unlawfiil, will, from that fact simply constitute the pile or wharf line such a public nuisance as will give any private citizen a right to maintain a bill in this Court for an injunction to restrain it. ' ' Harlan & Hollingsworth Co. vs. Paschal], .5 Del. Ch. 43.5 at 459. (yr. 1882) See also the case of Gray vs. Baynard, 5 Del. Ch. 499, (yr. 1883) ACTS OF THE GENERAL ASSEMBLY. 193 where the Court held that the building of a bay window beyond the line fixed by law, would not necessarily entitle one to an injunction, though it would subject the offender to indictment. (b) See, as to the vesting of title, Sec. 91, "c" of the Charter. Sec. 10. Nothing herein contained shall be taken or eon- Not to inter- strued to prevent the Council (") of Wilmington from construct- necessary , . . . , . -, drainage. mg and maintaining proper sluices, culverts and waterways, for the drainage of said city, or to prevent the present public drains or gutters from being emptied into the aforesaid rivers or either of them, or to prevent the construction or mainte- nance of sluiceways or waterways for the drainage of marsh or lowlands on said rivers. (a) The Street and Sewer Department has jurisdiction, now, since 1887. See the case of English vs. Wilmington, 2 Marv. 63. (yr. 189-1) . Murphy vs. Wil., 5 Del. Ch. 281. (yr. 1879) Sec. 11. Nothing hereinbefore contained shall be con- Pi'^sent ^ wharf lines. strued to alter or change any of the wharf lines established on either of said rivers within the limits aforesaid pursuant to any former act or acts of the General Assembly, until the re- turn of the said commissioners shall be made as hereinbefore provided. Sec. 12-. If any person shall willfullv break, pluck up, re- wiiifui inter- ' 1 \ T 1 1 ■ 1 ference with move or deiace any post, stone, or other landmark which may land marks be fixed, set, established, or adopted by said commissioners or Port Wardens under the provisions of this Act, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty dollars, nor more than five hun- dred dollars. Provided, nevertheless, that the Council of Wil- Proviso. mington may, in any proper case, in its judgment, upon writ- ten application, by ordinance accord to any person the right to remove any such post, stone, or other landmark, upon such terms and conditions as shall be prescribed in such ordinance, and as shall preserve the certainty of, and the means of ascer- taining the lines which may be established or adopted pur- suant to the provisions of this Act. Sec. 13. The Council of Wilmington shall, at its third flection of ° ' Port Ward- stated meeting in June next, elect by ballot a Board of Port^^^- 194 ACTS OF THE GENERAL ASSEMBLY. Term of office. Mode of nomination. Port Ward- ens sworn. Election of Master Warden. Vacancies. Wardens, consisting of five members, to hold office as follows : One for one year, one for two years, one for three years, one for four years, and one for five years, or nntil their successors are chosen. And the said Council shall annually thereafter in like manner elect one port warden to succeed the one whose term of office shall have expired as aforesaid, and the person so elected shall hold office for five years, or until his successor is chosen. Whenever Port Wardens are to be elected as afore- said, the Wilmington Board of Trade, a corporation, of this State, shall nominate in writing, at least five days before such election, at least two persons for each and every office to be filled as aforesaid; and the said Council shall elect, as afore- said, the requisite number of Port Wardens from the persons so nominated, and in case said corporation shall fail to make said nominations as aforesaid, said Council shall elect such persons as they may deem jjroper. The said Port Wardens, before entering upon the duties of their office, shall be sev- erally sworn or affirmed to perform the same faithfully and impartially to the best of their skill and judgment. Such oath or affirmation may be administered by the Mayor of the City of Wilmington, or by any Justice of the Peace residing there- in, and certificates thereof shall be filed in the office of the Clerk of said Council. The said Board of Port Wardens shall annually elect one of their number Master Warden, who when present shall preside at the meetings of said board, and shall perform such other duties as may be prescribed by any law of this State or ordinance of said city. The acts of a majority of said board shall be valid as the acts of all of them, and any vacancy occurring in said board by death or resignation, shall be filled bv the remaining members of said board. Sec. 14. Any person desiring to erect or extend in the for license to tideway of Said rivers, or either of them, within the limits |rec w ai . ^^f ^^gg^j^j^ ^j^y ^]^gpf p jg^^ bulkhead, or other structure, («) shall ■ make application in writing to the Board of Port Wardens for a license therefor, and submit therewith a plan and specifica- tions thereof; and if such erection or extension may be law- fully made, said board shall grant its license in writing for such erection or extension. Before any wharf, pier, bulkhead, ACTS OF THE GENERAL ASSEMBLY. 195 or other structure, shall be erected or extended in pursuance of such license, the correct lines thereof shall, under the direc- tion of said board, be furnished by the Chief Engineer of said chf^f E*n- city, who shall prepare a plan, in duplicate, of the location of s'neei"- such wharf, pier, bulkhead, or other structure, one of which shall be delivered to the person receiving such license and the other to said board, to be filed and preserved in the office of the Chief Engineer of said city. The said Chief Engineer shall receive for his services as aforesaid, a fee of ten dollars, ^®®^- to be paid by the person receiving such license. («) As to the Delaware Eiver, see note to Sec. 1, "a" of this act — the last line of said note. Sec. 15. The breadth of water front appertaining to the ^-k^er^front, land of each proprietor or owner on the banks or shores of m°ined^^^^' said rivers, within the limits aforesaid, shall be determined by protracting the lines of such land to the line established by law as the limit to which wharves or other structures may be built, whenever such protraction of said lines will not re- sult in giving to the said owner more, or to any other ripar- ian owner less than his proportionate share of frontage on said wharf line. (") But in case of conflict between riparian owners, arising from the divergence or convergence of the lines of their lands, or the lines of any public street, when the same shall be protracted as aforesaid, the said Board of Port Wardens ( & ) are hereby authorized and empowered to port w^ard- settle and determine the lines and bounds of said owners within the tideway of said rivers, or either of them, and the frontage of said owners respectively on said wharf line ; and said board shall thereupon make report in writing of their Report and determination in the premises, with a plot of the lines and frontage so established by them, and file such report and where filed. plot in the office of the Chief Engineer of said city, and the same, or a certified copy thereof, shall be competent evidence Evidence, for all purposes. In the performance of their duties under this section, said board may call to their assistance the Chief Engineer of said city, or anv other competent engineer or , -,1 • n • • • Surveyor. surveyor, who shall receive for his services m the premises such compensation as shall be fixed by said board, to be paid compensa- 196 ACTS OP THE GENERAL ASSEMBLY. Further powers. Proviso. by the persons between whom such conflict shall have arisen, or either of them, as said board may direct. (o) See Sec. 6 of the Act mentioned in Sec. 1, "c" of this Act. 22 D. L. p. 5, Act March 8, 1901, p. 203 of this volume. (b) The Attorney-General settles disputes (in regard to the Dela- ware Elver) of this kind under Act March 8, 1901, 22 D. L. p. 5, Sec. 6. See Sec. 1, ' ' c' ' of this Act, p. 203 of this volume. Sec. 16. The said Board of Port wardens («) shall have full power and authority to direct the mooring of ships and vessels in the harbor, and the position and number in which they shall lie at the wharves and docks, and the anchoring of ships and vessels in the Brandywine and Christiana rivers within the limits aforesaid, and to make, ordain and publish such rules (^) and regulations in respect to the matters in this section contained as they shall deem fitting and proper, with penalties for the breach thereof; provided, that such rules and regulations shall not be contrary to the constitution and laws of the United States or of this State ; and provided, also, that no penalty so prescribed shall exceed the sum of twenty dollars. (a) See See. 7 of the Act March 8, 1901, 22 D. L. p. 5 (as to the Delaware Eiver) where the owners of wharves, &c., may lay, or moor, or allow to be laid or moored, vessels to wharves, and charge therefor, p. 203 of this volume. (6) As to the meaning of "rules" see Sec. 76, "a" of the Charter. Duties of Port "Wardens. Compensa- tion. Sec. 17. The said Board of Port AVardens, or any mem- ber thereof, shall, upon application of the master or owner of any vessel, or the shipper or consignee of any cargo, com- ing into port in a damaged condition, view the said vessel or cargo, and certify to the underwriters or other parties inter- ested the extent and character of said damages, and may per- form such other duties in the premises as are usually dis- charged by such officers. And the said board, or member thereof, performing such service, shall receive such compen- sation therefor as shall be fixed by general regulation of said board, to be paid by the party requiring such service. by bS°o" ^^^- 1^- Whenever said Board of Port Wardens shall ens\o^u'r^- ^^^^ ^^ necessarv or expedient to purchase or acquire any diase lands, ^^nd on, or adjacent to, the banks («) or shores (^) of said ACTS OF THE GENERAL ASSEMBLY. 197 rivers. (^) or either of them, Avithin the limits aforesaid, or any lawful structure in the tidewaj- of said rivers, or either of them, within the limits aforesaid, (whether such land or structure be within or beyond the lines established and determined by said Commissioners in and by their return as aforesaid,) for the purpose of improving the navigation of such river or rivers, or the removing of obstructions to such navigation, they shall for that purpose make application in writing to the Council of Wilmington, therein accurately and fully de- scribing the land or structure proposed to be purchased or acquired as aforesaid, and the new wharf line or lines pro- posed by them to be established, (if they shall deem any such new line or lines necessary in such case,) together with a plot of the same made under their direction by the Chief En- gineer of said city, or by some other competent engineer or surveyor, and thereupon the said Council shall have power and authority, if they shall deem such purchase or acquisi- tion necessary or expedient as aforesaid, to provide, by ordi- nance, for such purchase or acquisition ; and if The Mayor council may and Council of Wilmington shall be unable to agree with the purchase. owner or owners of such land or structure for the purchase thereof, the same may be taken for the purpose aforesaid, in the same manner and subject to the same conditions and pro- ceedings as are or may be prescribed by law for condemning ,.,,„, r«,T -T- Condemna- and taking lands for the purpose oi extending, widening, tion. laying out or opening streets in said city. (a) Saulsbury, Ch.: "The "bank" is the outermost part of the bed in which the river naturally flows." Harlan & Hollingsworth Co. vs. Paschall, 5 Del. Ch. 435 at 463. (jr. 1882) (&) Saulsbury, Ch.: "Webster thus defines " shore: " " The coast or land adjacent to the ocean or sea, or to a large lake or river. ' ' This word is applied jirimarily to the land con- tiguous to water." id. 464. (c) Smilsbury, Ch.: "What is a river? "A land current of water bigger than a brook" (Johnson, Diet.); "A large stream of water flowing in a channel on land toward the ocean, a lake, or another river; a stream larger than a rivulet or brook." (Web- ster, Diet.). Every river, be it public or private, has a bed, shore and bank. Houck, Riv*. Sec. 6." id. 463. Upon the purchase or acquisition of any land or structure proprfitton as aforesaid, the said Board of Port Wardens shall cause such °^ Council. 198 ACTS OF THE GENERAL ASSEMBLY. What to include. Proviso. New wharf lines. Duties of Port Wardens. Duplicate plots and returns. Evidence. Compensa- tion of Sur- veyor. land or structure, within a reasonable time thereafter, to be dredged, removed, or taken away, and any sum of money which may be agreed upon as the value of such land or struc- ture, or assessed as damages by reason of the taking of the same as aforesaid, as well as the cost of dredging, removing, or taking away such land or structure as aforesaid, shall be in- cluded in the next annual estimates and appropriations of the said Council to be made thereafter; provided, that the whole amount appropriated by the said Council in any one year, for the payment of land or structures purchased or condemned, and for the cost of dredging, removing, or taking away such land or structure as aforesaid, shall not exceed the sum of fifteen thousand dollars, and that the said Council shall have power to borrow such sum, or any part thereof, on note or bond, if necessary, in anticipation of said annual estimates and appropriations. When by proceedings under this section it shall become necessary to establish any new wharf line or lines, the said Board of Port M^ardens shall have power and authority to establish such new line or lines, and upon the ac- quisition or condemnation of any land or structure by such proceedings, and the establishment by said Port Wardens of such new line or lines, it shall be the duty of the said Port Wardens to make return, in duplicate, of their proceedings in the establishment of such new line or lines, under their hands or the hands of a majority of them, to the said Council, with duplicate plots showing distinctly such new line or lines, with such courses, distances and landmarks as thej^ may have adopted for ascertaining the same, and said returns and plots shall be filed, preserved and recorded as provided in section four of this Act, in reference to the returns of the aforesaid commissioners, and the said duplicate returns and plots re- spectively, and the records thereof, as well as duly certified copies of the same, or of the record thereof, shall be competent evidence for all purposes. The compensation of the said Chief Engineer, or such other engineer or surveyor as may be em- ployed by said Board of Port Wardens in execution of their duties under this section shall be fixed by said board, and pro- vision for the payment of the same, as well as for the other ACTS OF THE GENERAL ASSEMBLY. 199 necessary expenses of said board in the performance of their duties under this Act. shall be made by said Council. Sec. 19. The said Council of Wilmington shall at its sec- glfr'iDOT mL- ond stated meeting in July next, and annually thereafter, elect ^er. a Harbor blaster, who shall be nominated by. the said Board of Port Wardens. Before entering upon the duties of his office he shall be sworn, or affirmed, faithfully and impartially to^^^j^ perform the same. He shall be the executive officer of said Board of Port Wardens. It shall be his duty to enforce andj^^^.^^ superintend the execution of all laws of this State and all or- dinances of the City of Wilmington,, and all rules and regula- tions of said Board of Port Wardens in relation to the docks, wharves and harbor of the said city, and the waters of the said rivers within the limits aforesaid, and in relation to the regu- lating (") and stationing ships and vessels in the tideway of said rivers, or at the docks and wharves within the limits aforesaid, and all other rules and regulations of said Board of Port War- dens. It shall also be his duty to enforce any and all orders of said board touching the abatement or removal of obstructions or public nuisances, (^) under the provisions of this Act, in the waters of the said rivers within the limits aforesaid. For the purposes aforesaid, the said Harbor ^Master shall, within the limits aforesaid, have all the power and authority of a County Constable, or Police Constable of said city, and he shall have °^'®'^- the right to call to his assistance, in discharge of his duties, the Sheriff, or any constable of New Castle County, or any police officer of said city. If any master or captain of any ship or vessel shall refuse or neglect to comply with the directions of the said Harbor IMaster in matters within the jurisdiction of his office, or if any person whosoever shall obstruct or prevent interference the said Harbor ]\Iaster in the execution of his duties, such of Harbor master, captain, or other person, shall be guilty of a misde- derneanor.^ meanor, and shall, upon conviction thereof, be fined not less than twenty dollars nor more than five hundred dollars. The ^ ^ ^■ said Harbor Master shall be paid by the Council of Wilming- ton such salary as they by ordinance may determine. (a) One of the most important regulations in regard to ships in the 200 ACTS OF THE GENERAL ASSEMBLY. tideway, is that they shall keep on the proper side in sailing, &c., espe- cially when passing other vessels. The law is as follows: Booth, C. J.: " It is contended that the law of the river is the same as the law of the road, and that vessels in passing are bound to keep to the right. * * The law of the road is, that where two carriages meet on the iniblic road, to avoid collision each shall keej) to the right. So, in reference to steamboats meeting each other head on, and there is not room to i^ass without changing course, each should go to the right. But in either case if there be room to jjass, a carriage or a boat, though on the wrong side of the road or river, is not bound to go entirely out of her track to get around another carriage or vessel which is so far out of her direct route, that keeping right on would cause no collision to either, merely in order to pass to the right. ' ' Steamboat Co. vs. Whilliden, 4 Har. 228 at 231-232. (yr. 1845) (fc) If a vessel ground, though it be an obstruction, it is not a pub- lie nuisance. Booth, C. J.: " No law prohibits a vessel of the description of the plaintiff 's from proceeding up and down the creek for the purposes of trade ; nor does her grounding at low tide, and re- maining until a high tide might enable her to get off, constitute a public nuisance. ' ' Cummins vs. Spruance, 4 Har. 315 at 319. (yr. 1845) Penalties. ^EC. 20. All fines and penalties imposed by this Act, or ered.'*^^°^" ^.y any rule or regulation of the said Board of Port Wardens, shall be recovered in the name of the State of Delaware, and shall be for the use of The Mayor and Council of Wilmington. Sec. 21. All violations of the rules and regulations of the Jurisdiction. g^^[^[ Board of Port Wardens shall be within the criminal juris- diction of any municipal court that has been or may be estab- lished by law for the City of Wilmington, and such court may impose any fine or penalty prescribed for the violation of such rule or regulation, not exceeding the sum of twenty dollars. Sec. 22. All laws and parts of laws inconsistent with this Act are hereby repealed, and the power of revocation of this Act by the Legislature is hereby reserved. Passed at Dover. April 18, 1883. Amended, March 27, 1885. ACTS OF THE GENERAL ASSEMBLY. 201 AX ACT to Establish Bulkhead, Wharf and Pier Lines on the .^.-, j^ ^ 5 Delaware Biver, in front of the City of ^Yilmington and Vicinity. Be it enacted hy the Senate and House of Representatives of the State of Delaware in General Assembly met : Section 1. That the bulkhead line or lines of solid filling, and the pier line in the tide-waters of the River Delaware, ly- ing betAveen the Christiana River and the northerh^ boundary of Edgemoor, opposite the City of Wilmington and Edgemoor, as fixed, established and adopted, or hereafter to be fixed, es- tablished and adopted, by the Secretary of War of the United States, under the acts of Congress in that behalf, are hereby adopted and declared to be fised and established as the ex- ^^^.^^.j^^. terior bulkhead and pier lines between the points aforesaid, as J^J|,^^fi^^^^ ^^'^ such exterior bulkhead and pier lines so fixed, established and }i|ifg^/|n^|^^' adopted, are or may hereafter be shown upon the manuscript ^^g'gj'p'^.^tai y map or maps, report or reports, filed in the office of the said of war. Secretary of War or AVar Department. Sec. 2. That the Secetary of State is hereby authorized secretary of and directed to procure duplicate copies of the said manu- cure dupii- . • j-r, cate copies script map or maps, report or reports, accompanying the same of maps. &c. from time to time, and file one of said copies in his office at his office. Dover, and the other of said copies in the office of the Recorder office of Re- of Deeds for New Castle County ; which said copies when so Deeds. New- filed, or certified copies thereof, shall be competent evidence county. n n When'filed for all purposes. shall be evi- dence. Sec. 3. That it shall not be lawful to fill in with earth. ^, _ „ . Not lawful stone or other solid material in the tide-waters of said river to fiu in be- tween estab- between the aforesaid points, beyond the bulkhead line or iisiied points '■ ■ Ijeyond bulk- lines of solid filling by this act adopted, fixed, established, iiead lines. laid down and exhibited on the aforesaid map or maps, re- port or reports, except in the construction of duly authorized piers ; and no erection or structure of any kind shall here- after be erected, allowed or maintained beyond or exterior to the aforesaid bulkhead line or lines of solid filling, except duly authorized piers which shall not be less than one hun- dred and fifty feet distant one from the other, and which 202 ACTS OF THE GENERAL ASSEMBLY. shall in no case extend beyond the lines indicated for piers on said map or maps, report or reports. Littoral pro- Sec. 4. That the littoral proprietors abutting on the prietors may -rxi /-n-- t->- erect bulk- Kivcr Delaware, between Christiana Kiver and the northerly boundary of Edgemoor, are hereb}^ respectively authorized and empowered to erect bulkheads, wharves and piers on the line or lines now or hereafter to be fixed, established and adopted as provided in Section one (1) of this act, opposite their respective littoral holdings on said river, between said Christiana Biver and the northerly boundary of Edgemoor ; and to fill in with earth, stones or other material, the space or spaces between said bulkhead line or lines of solid filling, showm or exhibited on the map or maps, report or reports aforesaid, and the westerly bank of said river, (designating the high water mark thereof,) between said Christiana River and the northerly boundary of Edgemoor aforesaid. Pro- vided, that nothing herein contained shall operate to prevent United states the United States from utilizing all or any portion of the may utilize '^ -^ r space for de- gpacc between said bulkhead and the westerly bank of said posit of ^ "^ , dredging ma~ rivcr for the deposit of dredged material taken from said terial. . f ^ . , River Delaware in the progress of the improvement thereof, not exceeding twelve feet in height above mean low water. Filling in And provided, further, that the filling in of said space be- subject to ^ _ , ^ _ ^ regulations twccu Said liucs bv any littoral proprietor shall be under ofWarDe- "^ . partment. and subject to the regulations of the War Department of the United States. Sec. 5. That the land under the waters of said river, within the limits aforesaid as hereafter determined, on the made to vest front of the littoral holdings of said littoral proprietors re- toraipro-^ ' spcctivcly, and between the bulkhead line or lines of solid prie ors. filling, as showu and exhibited on the maps aforesaid, and the westerly bank of said river, (designating the high water mark thereof), shall vest in fee in said littoral proprietors, their heirs, executors, administrators, successors and assigns, respectively. And when a suitable bulkhead shall have been General^and Constructed front of any of said littoral holdings, of any of itate ufpre^- ^^^^ Httoral proprietors, it shall be the duty of the Attorney therefor"^^ General, upon satisfactory cAndence to him of that fact, and ACTS OF THE GENERAL ASSEMBLY. 203 the tender to him of the reasonable and necessary expenses of preparing the conveyance or conveyances hereinafter named, to seasonably prepare, and of the Secretary of State to forthwith execute under the seal of the State, a grant as- suring to- said littoral proprietors, respectively, their heirs, executors, administrators, successors and assigns, the lands under water in front of their respective littoral holdings aforesaid, between said bulkhead line and the said river bank. Sec. 6. The breadth of water front appertaining to each Lengths of '- '- '^ watei" front littoral proprietor or owner of land abutting on the said determined ^ ^ _ _ '^ _ by extend- river bank shall be determined by protracting the line of the jng lines of ■^ ^ *= lands to land to the bulkhead line established under this Act, wher- bulkhead line. ever the protraction of said lines would not result in giving the said owner more, or to any other littoral proprietor less, than his proportionate share of frontage on said bulkhead line; and in case of a conflict arising from the divergence or convergence of the lines of said littoral proprietors, or of the public streets, the Attornev General is herebv authorized Attomej^ '■ '...".. General to and empowered to settle the said lines outside of said river have juris- ^ _ _ diction m bank so that equal justice shall be done to all concerned. case of dis- ^ -* pute. Sec. 7. That it may and shall be lawful for the said lit- Littoral pro- - prietors may toral proprietors, respectively, to own and hold all bulk- own bulk- heads, docks, wharves, buildings and piers that hereafter recover may be erected pursuant to this act on the front of their lit- toral holdings respectively ; and to use, possess, repair, and keep the same in order, and to lay any steamboat, vessel, or other craft at the same ; and to demand, take, sue for, and recover reasonable wharfage, demurrage, rent or dockage of and from any steamboat, vessel, or other craft using the same, and from all persons who may use said bulkhead, docks, wharves, buildings and piers in any way whatsoever, and shall also be authorized to sue for and recover any dam- age that may be done to the same. Sec. 8. This act shall be deemed and taken to be a pub- lic act and shall be published as such ; and that all acts and 204 • ACTS OF THE GENER.VL ASSEMBLY. parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. Approved March 8, A. D. 1901. 22 D. L. 251. AN ACT to provide for the Improvement of the Christiana Eiver. Appropria- Mayo/and SECTION 1. That, from and after any future appropria- wiimington ^^^^ ^y the Federal Government for the purposes of the im- provement of provemeht of the Christiana River as hereinabove designa- tiana River ^^^' ^^^ Mayor and Council of Wilmington be and it is here- tarv to^n"^ by authorized and directed to pay to such person or persons tkin b^'the pl^ccd in charge of such future proposed improvements by Federal Gov- ^j^g United States Government a sum or sums of money not ernment. •exceeding in the aggregate sixty thousand dollars. Amount paid Provided, however, that not more than twenty thousand year. dollars shall be paid on said account in any one year ; and further provided, that prior to any such payment so to be made, the person or persons placed in charge of said pro- posed improvements by the United States Government, shall render to the said Mayor and Council of Wilmington, a de- tailed estimate as far as possible of all amounts to be ex- pended in the course of said improvements ; and further pro- vided, that no such payment so to be made by the said Mayor and Council of Wilmington shall exceed in amount the sum of ten per centum of the sum then already expended as shown by the statement of the Federal official in charge. Sec. 2. That the said sum or sums to be paid by the How paid. ]\iayor and Council of Wilmington, as authorized and direct- ed by the provisions of the preceding Section, shall be paid as other expenses of said City of Wilmington are paid, and shall be provided for by ordinance or otherwise, as Council may direct. Sec. 3. That this Act shall be deemed and taken to be a public Act, and that all Acts or parts of Acts inconsistent herewith be and the same are hereby repealed. Approved March 9, A. D. 1901. ACTS OF THE GENERAL ASSEMBLY. 205 CHAPTER VI. ACT RELATING TO THE POLICE DEPARTMENT. Page 1 Page 1. Act Creating the Board of 3. Act Enabling tine IVIatrons Police Commissioners 205 of the Police Department 2. Act Providing for a Police to Participate in Benefits Pension Fund 217 of Police Pension Fund... 220 . Act to Regulate the Busi- ness of Pawn Brokers and Junk Dealers 221 ^.Y ACT to provide for a Municipal Police Commission for the ^g jy -^ -^^^q^ City of Wilmington. Section 1. The police department of the City of Wil-Commis- ^ -^ . sioners, num- mington shall, on and after the first day of May, A. D. eigh- ber of. teen hundred and ninety-three, be under the control and management of a Board of Police Commissioners, («) to be composed of three sober and discreet persons to be appointed as hereinafter designated. (a) The first police commission act was passed May 15, 1891. Nicholson, Ch. : " * the Act Providiug for a Municipal Police Com- mission for the City of Wilmington," was "passed May 15, 1891, being Chap. 223, Vol. 19, Delaware Laws, ' ' &c. Bullock's Admr. vs. Wil. C. Ey., 5 Penn. 209 at 215-16. (yr. 1905) (The Act of 1891 was repealed by Sec. 13 of the present Act of 1893.) Sec. 2. That William M. Pyle, Patrick Monaghan and John W. Lawson, of the City of Wilmington and State of Delaware, are hereby appointed and constituted a "Board of Police Commissioners" for the said city under this Act, with full powers to act as such for the term of two, four and six years respectively, or until their successors shall be duly ap- pointed. And the said William M. Pyle, hereby appointed, ^^^.^ ^^ shall serve for the term of two years from and after the said office. first day of May, or until his succecssor shall be appointed ; and the said Patrick Monaghan, hereby appointed, shall serve for the term of four years from and after the said first 206 ACTS OF THE GENERAL ASSEMBLY. Succeeding Commission- ers, how ap- pointed. Present Commission ers to fill va- cancies. Qualifica- tions. Removal of. Shall not hold other municipal office. Politics of. Bond. Certificate of appoint- ment to be recorded. day of May, or until his successor shall be appointed; and the said John W. Lawson, hereby appointed, shall serve for the term of six years from and after the said first day of May, or until his successor shall be appointed. At the expi- ration of the term of office of either of the said commission- ers so appointed, the vacancies shall be filled by the Asso- ciate Judge of the Supreme Court, ^ resident in the County of New Castle, of the State of Delaware, by the appointment of a suitable person, who shall have been chosen at least thirty days next preceding the expiration of the said term of office. Such person so appointed, shall hold office for and during the term of six years from the first day of May next ensuing, or until his successor shall have been appointed. The Board of Police Commissioners shall have power to fill, and shall fill any vacancies in the Board of Police Commis- sioners, caused by the death, resignation or incapacity to serve of any of the three said commissioners appointed as aforesaid. The said appointment shall only be for the resi- due of the unexpired term. No person shall be eligible to appointment as a member of the said board who shall not be a citizen of the United States, a qualified voter of this State, and a resident of the City of Wilmington for the five years last preceding his appointment. Any member of the said board may be removed for cause after trial, by a two-third vote of the whole "City Council.'.' («) The reason of removal shall be entered -in the journal. No person shall hold any other municipal office while serving as a member of the said board, and all the members of the said board shall not at one time belong to the same political party. Before entering upon the duties of office (^) as commissioner, each member of the said board shall enter into bond to "The Mayor and Council of Wilmington," with one or more sureties, in the penalty of ten thousand dollars, conditioned for the faithful discharge of his official duties, the said bond to be approved by the Judge of the City Court of the City of Wilmington, to be kept and recorded by the clerk in the office thereof, to- gether with the certificates of appointment aforesaid, and So enrolled. ACTS OF THE GENERAL ASSEMBLY. 207 shall also take and subscribe before the said judge of the said court, in addition to any oath required to be taken by ^^^^ °^ °^' other municipal officers, (c) the further oath or affirmation, that in every appointment or removal to be made by the said board, to or from the police force, created and to be organ- ized by them under this Act, he will in no ease, and under no pretext, appoint or remove any policeman or officer, or other person, for any other cause or reason than fitness or unfit- ness, the qualification or disqualification, as the case may be. of such person, officer or policeman, in the best judgment of the said commissioner, for the place to which he shall be ap- pointed or from which he shall be removed, and the said oath or affirmation shall be recorded and preserved among the ^^^o*'*^ °^- records of the said court. (a) The Council, in addition to still possessing the above power, makes appropriations to the Department, and the police force cannot be enlarged or the salaries of the police increased without its consent. This is about the extent of its powers. Nicholson, Ch.: "The jiurpose and object of the Street and Sewer Act was manifestly to take the whole subject mat- ter, of the construction, and also the regulation and use of the streets, &c., from ' ' The Council, ' ' just as the purpose of the Water Commission Act was to take it away as to water, and of the Police Board Act as to the police. ' ' Bullock's Admr. vs. Wil. C. Ey., .5 Penn. 209 at 217. (yr. 1905) The Act of 1893, (in force when the above decision was rendered) took the powers away from the Mayor and the old Police Commission ; though the Act of 1891 took all powers from the Mayor. (&) As to the phrase "before entering upon the duties of his of- fice," see Sec. 11, "a" of the Charter. (c) See, as to said oath, Sec. 5 of the Charter. Sec. 3. The said Board of Police Commissioners shall elect their own president, and the Chief of Police for the City of "Wilmington for the time being shall be the Secretary of secretary, the said board. Sec. 4. The duties of the said Board of Police Commis- Duties of sioners hereby created shall be as follows: ers. They shall at all times of the day and night, within the boundaries of the City of Wilmington, preserve the public peace, prevent crime, arrest offenders, protect the rights of persons and the rights of property, guard the public health, preserve order at primary meetings and elections, and at all 208 ACTS OF THE GENERAL ASSEMBLY. General powers. Repeal of former Act. public meetings and conventions, and on all public occasions^ prevent and remove nuisances in all public streets and high- ways, and all other places, provide proper police force at every fire for the protection of firemen and property, and en- force all laws of the State, («) and all laws and ordinances, rules and regulations of the City of Wilmington, properly en- forceable by a police force. In carrying out and effecting the purposes and object of this Act, the said Board of Police Commissioners shall be clothed with all the powers, and stand in the same position in relation to the organization, control and management of the police force as that occupied by the Mayor, and Board of Police Commissioners created under the Act which is hereby repealed ; and shall after the first day of May. A. D. 1893. so far as the purposes and ob- jects of this Act are concerned, be substituted for the com- missioners aforesaid, with the same rights, powers, privileges and authorities as were before the passage of this Act, by any means and in any manner whatsoever, vested in the aforesaid commissioners. (^) («) A failure on the part of the Department to enforce State laws will not render the city liable in damages to anyone injured because of the same. Wolcoit. CJi.: "Now, could it be claimed with any show of reason, that the duty of the police officers to break up street fights and brawls is not a public duty, and that for the non-performance or neglect thereof the municipality would be liable to anyone for a pri- vate injury occasioned thereby? Clearly not, because it is such a duty as relates to the execution of a State law, and the officers charged therewith, though servants of the municipality, are to the extent of such duty, pub- lic officers, and for the neglect to perform the same, no municipal liabil- ity attaches. The same is equally true as to the duty of police officers in regard to nuisances. ' ' Mavor and Council of AVil. vs. Vandegrift, 1 Marv. 5 at 17-18. (yr. 1893) (6) Nicholson, Clt.: "The act providing for a Municipal Police Commission for the City of Wilmington, passed May 15, 1891 * * provides in Sec. 4 that "in carrying out and effecting the purposes and objects of this act, the said Board of Commis- sioners shall stand in the same position as is now occupied by the Mayor, and shall, after the first day of May, A. D. 1891, so far as the purposes and objects of this act are concerned, be substituted for the Mayor afore- said, with the same rights, powers, privileges and authority as were be- fore the passage of this act, by any means whatsoever, vested in the Mayor aforesaid. ' ' Bullock's Admr. vs. Wil. C. Ry., 5 Penn. 209 at 215-16. (yr. 1905) This section is not exactly like Sec. 4 of the present Act of 1893 (which was in force when the above decision was rendered). Sec. 4 of the present act substitutes the Department for the ' ' Mayor and Board of ACTS OF THE GENERAL ASSEMBLY. 209 Police Commissioners, ' ' in one place, and in another, merely for the ' ' Commissioners. ' ' The Act of 1891 transferred the old powers of the Mayor (concerning the police) to the Board of Commissioners of 1891; and the Act of 1893 need only to have transferred to the new Department the powers of the old Board, which consisted of the Mayor and two other Commissioners. In speaking of the Street and Sewer, Water and Police Acts, the Chancellor said : "These acts, taken together, effect the partition of municipal au- thority in the City of Wilmington." id. p. 216. Sec. 5. The said Board of Police Commissioners are pji-e alarm hereby given entire jurisdiction and control over the fire IrapiTsVs- alarm and police telegraph system of the City of Wilming- *®'^" ton, and shall from the time of their organization have entire management of the instruments and batteries connected therewith, and shall have the appointment of all officials Appoint- whose duties pertain to the same, and the power to discharge ^clafs. °^ °^ any or all of the said officials, whenever in their judgment the public interest may require it. The salaries of such of- ^^i^''^^^- ficials shall remain the same as are now provided by law. All the officers and rooms which are now used for police purposes. Rooms, as well as for the fire alarm and police telegraph system, shall from the said first day of May next be under the man- agement and control of the said Board of Police Commis- sioners. Sec. 6. The said members of the said Board of Police compensa- Commissioners shall be paid for their services yearly salaries m*ernbeis of •in the sum of five hundred dollars each, payable quarterly. ^°^'''^- The said Board of Police Commissioners are hereby author- ized and required, immediately on entering upon the duties poiice force, of their office, to appoint, enroll and employ a permanent po- ^Jnt^of. lice force («) for the Citj^ of Wilmington, which they shall uni- uniforms. form and equip as they may deem necessary under the rules ( ^ ) and regulations which they may from time to time prescribe ; and the said board shall have power to remove any officer of re°move.*° police, policeman, or other person from the force for the violation of any rule or regulation which they may make. The said police force shall consist of one Chief of Police, two posed^"'"' captains of police, and such number of sergeants as may be deemed necessary for each police district in the said city, and sixty men ; which police force may be increased by the 210 ACTS OF THE GENERAL ASSEMBLY. said board from time to time, provided there is passed by a majority vote of the "City Council," a resolution recom- ^i^ns^*^^' mending the same. The qualifications for positions of of- ficer of police and policeman shall be good moral character, sobriety, citizenship in the United States and the State of Delaware, ability to read and write, and physical strength and courage. No person who has been convicted of a crime of felony shall be eligible to the position of officer of police or policeman. (a) This section limits the police force, and it may not be increased without the consent of ' ' The Council. ' ' This Department has practically the powers the Mayor used to have in regard to the police, and the Court decided that the Mayor could not ajjpoint the dog catcher to be a special police officer. Comegys, C. J.: " He then said it was the opinion of the Court that the Mayor had no authority, under the Charter and ordinances of the city, to appoint him" (the dog catcher) "a constable or policeman," &c. Foster vs. Mayor and Council of Wil., 8 Houst. 415 at 419. (yr. 1889) (ft) As to the meaning of the word "rules," see Sec. 76, "a" of the Charter. Salaries. The pay of the ordinary policeman shall be [nine hun- Act of March dred] dollars per annum, and the said salaries shall be paid D.' L. 828. "" monthly ; officers of the police shall be paid monthly, and they shall receive the following amounts respectively : Act of March Chief of Police («) shall receive [eighteen] hundred dollars d' l^'s^'s "" P^r annum; each captain shall receive [twelve] hundred dol- lars per annum ; and each sergeant of police shall receive [one thousand] dollars per annum. The salaries of the of- ficers of police and police officers fixed by this Act, shall not crersed" ^® increased by the said Board of Police Commissioners, un- less upon a resolution from the ' ' City Council, ' ' passed by a majority vote thereof "recommending the same." No mem- ber of the police force shall receive any other compensation ^m^pensa- ^^^ ^^^^ scrviccs on the police force, nor as informer, from the under^certaln ^i^y, or any pcrson or individual, for the performance of any conditions, (j^ty connected with his position, [unless upon a resolution 7^*^1903 "'^FJ" duly passed by a majority vote of the Board of Police Com- D. L. 827. missioners recommending the same.] (a) The Chief of Police, under the Charter of 1832, was appointed ACTS OF THE GENERAL ASSEMBLY. 211 by ' ' The Council, ' ' and was appointed annually. In case lie held over, his surety was not liable bevond the year. Mayor and Council of Wil., vs. Horn, 2 Har. 190 at 192-3. (yr. 1837) Any person, other than a member of the police depart- unlawfully •^ ^ ' -p wearing of ment, who shall publicly use such badges and uniforms as uniform or p 1 0£LClg6. the Board of Police Commissioners may prescribe for the use . Using of such members, or shall make use of the whistles, calls or whistles, pp ilg Qj* gig"- other modes of signaling that are used by the police depart- nais. ment, shall be deemed guilty of a misdemeanor, and upon melnor. conviction thereof shall forfeit and pay to the State of Dela- ware a dollars. ware a fine not less than five dollars or more than twenty ^^^ ^'' [In addition to the officers heretofore named, the said Act ^of^^Apru Board of Police Commissioners are hereby authorized and d- l. 676. required to appoint, enroll and employ an officer, whose duty ^^^litionai it shall be to attend at the public square bounded by Frank- i^o^ce otncer. lin street, Broome street, Seventh street and Eighth street in the City of Wilmington, and who shall perform such other duties as shall be prescribed by the said board. The pay of such officer shall be seven hundred and sixty dollars per year, and to be paid monthly.] Sec. 7. No Chief of Police, officer of police or policeman prohibitions shall, while on duty, enter any drinking saloon or other place Jirinkfifg^sa- where liquors are to be sold to be drunk on the premises, ex- ioo"s. cept in the discharge of his duties, under penalty of immediate dismissal ; no officer of police or policeman shall be a member of any political committee, or be a delegate to any political Pontics, convention, or shall be present at any such convention, or at any primary, special or general election, except in full official uniform discharging the duties of his office, or shall at such place or in any public place engage in any political solicita- tion; nor shall any such officer of police or policeman, nor any special officer on the day of any election held ^^^thin the limits of the said city, be within the distance of thirty feet of any voting place, except for the purpose of depositing his vote, or At voting to quiet an actual disturbance of the public peace, nor shall he p''^"®^- in any manner attempt to influence a voter as to the casting of his ballot; and violations as to the provisions of this section 212 ACTS OF THE GENERAL ASSEMBLY. Penalty. Cause of dis- missal to toe recorded. Misde- meanor. Penalties. Suspension. shall work a forfeiture of his position, and it shall be the duty of the said Board of Police Commissioners to dismiss him from office, and enter upon the record the cause of such dismissal, and he shall not be eligible for reappointment. Any violation of the provisions of this Section shall also be a misdemeanor, and any such officer of police or policeman being convicted thereof, shall forfeit and pay to the State of Delaware a fine not exceeding one hundred dollars, or be imprisoned for a term not exceeding six months, or both at the discretion of the court. Upon complaint made against any such member of the police force to the Municipal Court, verified by affidavit, if the said policeman or officer of police, after hearing, shall be com- mitted or bound for his appearance at the Court of General Sessions of the Peace and Jail Delivery to answer the charge, such officer of police or policeman shall be suspended from the force during trial. («) (a) It may not be amiss to state here, briefly, a few of the general and important powers, duties and liabilities of police officers. An officer makes an ' ' arrest ' ' by touching, or placing his hands upon the person, although this is not absolutely necessary. If he constrain the person to go with him to preA'ent a resort to force, it is enough. Only such force may be used as is necessary to make the arrest, and for excess of force the officer is liable criminally and civilly. When he has a warrant, he does not have to show it before he makes the arrest, for in that case the person might escape. After the arrest, if it is demanded, the officer should read, or state the substance of, the warrant. If the offense be a misdemeanor, the officer must have a warrant, unless it occur in his pres- ence. If it be a felony, he can arrest without a warrant, upon what one has told him, or upon ' ' reasonable ' ' suspicion. If the person wanted, be in his home, whether the offense be a misdemeanor or a felony, before he can break open doors and force an entrance, he must first ask and de- mand admittance. If it be a misdemeanor, he must have a warrant; if it be a felony he does not have to have a warrant. Lastly, if an officer be in pursuit of a person, and the offense be a misdemeanor, and the officer cannot overtake the person, and he is sure to escape, still the officer can- not shoot and kill him; and if he should do so, it has been held to be murder. If the offense be a felony, and the officer cannot catch him, and the person is about to escape, the officer may then, but not till then, shoot and kill him, to prevent his escape. AEEEST Harrington, Justice: "To constitute a legal arrest the officer must lay his hand on the defendant, or otherwise take possession of his person. He must make him his prisoner in an un- equivocal form; * * . it has been decided, that if an officer so treat a party as to constrain him to go with him, to prevent a resort to actual force, this is an imprisonment. ' ' Lawson vs. Buzines, 3 Har. 416 at 418. (yr. 1842) State vs. Mahan, 3 Har. 568 at 569. (yr. 1842) State vs. Townsend, 5 Har. 487 at 488. (yr. 1854) ACTS OF THE GENERAL ASSEMBLY. 213 Petit vs. Colmery, 4 Penn. 266 at 270-271. (yr. 1903) quoting lan- guage in the Buzines case. FALSE ABBEST AND IMPBISONMENT Harrington, Justice: "An imi^risonment is any forcible detention of a man 's person, or control over his move- ments." (See above note as to imprisonment by constraint, &c.) Lawson vs. Buzines, 3 Har. 416 at 418. (yr. 1842) Murphy vs. Countiss, 1 Har. 143 at 143-4. (yr. 1833) Marshall vs. Cleaver, 4 .Penn. 450 at 453. (yr. 1903) Petit vs. Colmery, 4 Penn. 266 at 267. (yr. 1903) McCaffrey vs. Thomas, 4 Penn. 437 at 441. (yr. 1903) The Court : " * the false imprisonment, if proved, will entitle the plaintiff to recover, and not merely for the time the constable was bringing him to jail, but for the whole period of his im- prisonment. ' ' Murphy vs. Countiss, 1 Har. 143 at 144. (yr. 1833) WHAT FOECE MAY BE USED Booth, C. J.: "A person having authority to arrest another must do it peaceably, and with as little violence as the case will admit of; * * if resisted, he may use force sufficient to effect his purpose; but if no resistance be offered or attempt at escape, he has no right, rudely and wdth violence, to seize and collar his prisoner. ' ' State vs. Mahan, 3 Har. 568 at 569. )yr. 1842) State vs. O'Neil, 1 Houst. Cr. Cas. 468 at 473. (yr. 1875) See Petit vs. Colmery, 4 Penn. 266 at 269. (yr. 1903) (Officer may take assistance with him.) Nor to clutch him by the throat. A person may repel this, in self- defence, with reasonable force. State vs. Dennis, 2 Marv. 433 at 437. (yr. 1895) Gruhh, J. "Nor ever beat an unresisting man." State vs. Lafferty, 5 Har. 491. (yr. 1854) By the Court. Nor subject him to "any cruel or unnecessary exposure * * fo cold," or deprive him "of suitable clothing or covering tvhile he is in the carriage with, and in the custody of the officer," cfc. Petit vs. Colmery, 4 Penn. 266 at 269. (yr. 1903) Boyce, J. Nor fire or shoot into one's house, if the person wanted has not fired at the officer. State vs. Oliver, 2 Houst. 585 at 608. (yr. 1855) Harrington, C. J. By the Court : ' ' For such abuse of authority he would be very prop- erly held responsible, even to an exemplary extent. ' ' State vs. Lafferty, 5 Har. 491. (yr. 1854) State vs. Dennis, 2 Marv. 433 at 437. (yr. 1895) and above cases. ABBEST WITH OB WITHOUT WABBANT Lore, C. J.: "It is well settled that a peace officer * * may ar- rest a person without a warrant for an offense com- mitted in the presence and view of such officer, for which he would have a right to make the arrest with a warrant if committed out of his pres- ence," * * and it "must be made at the time of the commission of the offense, or in the immediate pursuit of the offender. ' ' Marshall vs. Cleaver, 4 Penn. 450 at 452. (yr. 1903) McCaffrev vs. Thomas, 4 Penn. 437 at 440. (yr. 1903) State vs.Eussell, 1 Houst. Cr. Cas. 122 at 124. (yr. 1862) (The above were cases of persons who were drunk and disorderly.) He may arrest j^ersons engaged in a fight "whom he found actually engaged in it at the time he came up. ' ' State vs. Dennis, 2 Marv. 433 at 435. (yr. 1895) Grubb, J. In the case below cited an officer was told a fight was going on in a certain place. He hurried there, and saw a man running from the place 214 ACTS OF THE GENERAL ASSEMBLY. and arrested him. He 'was one of the guilty men, but the officer did not see the fight, and the Court held the arrest illegal. State vs. Crocker, 1 Houst. Cr. Cas. 434 at 435. (yr. 1874) Gilpin, C. J. In the ease below cited the Court held differently, in a breach of the peace ease. Harringion, J. "A peace officer * ^ has the right to arrest, even without warrant, a person concerned in a breach of the peace, or other crime; or when he has rertso;!abZe ground to suspect the party of such offense. ' ' State vs. Brown, 5 Har. 505 at 507. '(yr. 1854) And the Court held an officer, without warrant, could enter a dis- orderly house to suppress disorder and arrest disorderly persons. State vs. Laflferty, 5 Har. 491. (yr. 1854) ; and see 3 Cyc. Law and Proced. p. 893, to the same effect. "He also" (an officer) "has a right at common law, to arrest with- out a warrant, anyone he suspects to be guilty of felony, whether he acts upon his own knowledge, or upon facts communicated by others. ' ' 1 Am. and Eng. Encyc. Law, p. 733. SEARCH WABBANT Unless the warrant expressly give the right, the house must be en- tered in day time, and not at night. ' ' Night time ' ' means that time when the sun is below the horizon, except that period of time just after the setting, and before the rising, of the sun, during wliieh time there is sufficient light to discern the countenance of a man. This space of time is ' ' dav time. ' ' Petit vs. Colmery, 4 Penn. 266 at 271. (yr. 1903) BBEAEING INTO ONE'S HOUSE Harrington, C. J.: "Thus if an officer, having a warrant to arrest a man for a crime or misdemeanor, finds him at his house, he may not break into the house, until he has demanded admit- tance and been refused. He may not attack the house or the person with- in with violence, until he has been resisted, and thus obliged to resort to violence; he may not fire upon the house or the person within it, until he has been so fiercely resisted and opposed, as to make that kind of attack prudent and necessary. ' ' State vs. Oliver, 2 Houst. 585 at 606. (yr. 1855) Houston, J.: " Had he gone to List 's door, notified him of his business and purpose, and demanded his surrender, and he had refused to give himself up to him, as his j^risoner, he would then have been warranted and justified in forcing an entrance into it through the door by breaking it open, if necessary, and yet even in that case he should have proceeded to make the arrest as peaceably and grave- ly as possible, and without angry menaces or threats of vengeance or violence. ' ' State vs. List, 1 Houst. Cr. Cas. 133 at 146. (yr. 1863) (The officer in this case chased List to his house, and reached the door before List could close it. He did not ask List to surrender or let him in, but forced his way in. List shot and killed the officer in his home, and on trial for murder, was acquitted by the jury.) (A man's house is his " castle," and an officer should not overstep the law in such a case.) "When a felony has been actually committed, or a dangerous wound given, a peace officer may justify breaking an entrance door to appre- hend the offender without any warrant. ' ' 1 Am. and Eng. Encvc. Law, p. 748. State vs. Oliver, 2 Houst. 585 at 607. (yr. 1855) WHEN AN OFFICEB MAY, AND MAY NOT, SHOOT A FLEEING PERSON ACTS OF THE GENERAL ASSEMBLY. 215 Gilpin, C. J.: "AVhere he is in pursuit of a felon, or one who has committed a felony with power or authority to arrest him, and he cannot overtake him, he may kill him to prevent his escape from him, and it will be justifiable in law; but where he is in pursuit of a person charged with a misdemeanor merely, and has a warrant to arrest him, and cannot overtake him, he is not justified in killing him to prevent his escape from him, and if he does, he will be guilty of murder." State vs. O'Xeil, 1 Houst. Cr. Cas. 468 at 473. (yr. 1875) And if the bullet miss the fleeing person, and kill another, it will still be murder, id. 474. State vs. List, 1 Houst. Cr. Cas. 133 at 144. (yr. 1863) In speaking of killing one for a misdemeanor, in the case below cited, the Court said : Houston, J.: " "it will at least be manslaughter in contemjjlation of law under any circumstances, and may amount to murder, when they are of a wanton, cruel and aggravated character. ' ' State vs." List, (above) p. 144. W ABB ANT DOES NOT HAVE TO BE SHOWN TILL AFTER AB- BE ST The Court: " * that with regard to a known public officer * * it was not necessary for him either to produce his war- rant or state his character and authority before making the arrest. * * it might be defeated by the ceremony of producing and explaining a paper before the arrest is made. It is quite time to produce the authority on the demand of the party arrested, and after the arrest. ' ' State vs. Townsend, 5 Har. 487 at 488. (yr. 1854) Petit vs. Colmery, 4 Penn. 266 at 268. (yr. 1903) Boyce, J., quoting the above language. A few of the principal felonies are: Murder, manslaughter, arson, rape, robbery, burglary, larceny, forgery, perjury, sodomy, kidnaj^ping, knowingly receiving stolen goods, assault with intent to commit murder, &c. A few of the misdemeanors are: Drunkenness, blasphemy, wilful trespass, disorderly* conduct, and nuisances in general, bigamy, assaults and batteries, prize fighting, riots, gambling, obtaining money under false pretences, embezzlement by bailee, embezzlement by cashier, servant, agent or clerk, &c. Sec. 8. The ordinances, rules and regulations of the said Laws reiat- city now in force relating to the police department shall re- Depart^enf main in force until the same are changed in whole or in part ?o ^onlinue^ by the said Board of Police Commissioners. («) The Secretary ^^anged. of the said board shall keep a correct copy of all bills for ex- duties of penses which shall be approved by the said board before pay- rliaUveTo ment. ^"i^- (o) The ordinances, &c., must be changed in accordance with law. Sec. 9. The said Board of Police Commissioners shall ap-,, , ^ Matrons. point two suitable women as matrons at the station house in the said city, one for day service and one for night service, and shall supply them with a furnished office room in the said station house. The said matrons shall be subject to removal 216 ACTS OF THE GENERAL ASSEMBLY. Duties. for cause after hearing by the said board, which is invested with exclusive jurisdiction in the premises. The duties of such matrons shall be to give such care and advice and perform such other public duties as may be requested and proper to female prisoners and refugees confined in the said station house. Physician of the Board. Qualiflca- tions. Duties of. Salary of Tenure of office. Sec. 10. The said Board of Police Commissioners are hereby authorized to appoint and commission annually a phy- sician of integrity and capacity, resident of the City of Wil- mington, who shall have practiced therein the profession of medicine at least three years next preceding the date of his commission, to act as physician of the Board of Police Com- missioners for the said city, under such rules and regulations as the said board may prescribe for his conduct. The duties of such physician shall be to examine thoroughly all appli- cants for positions on the police force of the said city, and to test their entire fitness in every respect for the said position; to visit all policemen, officers of police and turnkeys who may be returned as sick, and report their conditions to the said board ; and to perform all other professional duties in connec- tion with the said department and police force as the said board may from time to time direct. The annual salary of the said physician shall be the sum of three hundred dollars, pay- able in equal monthly installments ; but the tenure of the office of the said physician shall be determinable within the ap- pointed year for cause by a majority vote of the said board and under their exclusive direction, and the said physician shall be compensated only up to the time of such determina- tion of his office and at the rate of the annual salary afore- said. Annual con- tingent fund, Expenses of Police De- partment, how paid. Sec. 11. The said Board of Police Commissioners shall be allowed an annual contingent fund of one thousand dol- lars to conduct detective secret service or other work per- taining to the police department, when in their judgment it is necessary. Sec. 12. All expenses of the police department, includ- ing salaries, shall be paid by "The Council" upon bills pre- ACTS OF THE GENERAL ASSEMBLY. 217 sented to it. marked with the approval of the Board of Po- lice Commissioners, and properly audited by the City Audi- tor in the same manner as other bills against the said city are now passed. Sec. 13. Chapter 223, Volume 19, Laws of Delaware and all other laws and ordinances inconsistent herewith are here- by repealed, and it is further provided that the provisions of this Act shall not be operative until the first day of May, A. D. 1893. Passed at Dover, April 18, 1893. AN ACT providing for a Police Pension Fund, for the Mem- 24 d. l. 369. hers of the Police Force of the City of Wilmington. Section 1. Whenever a member of the police force of the ^^yj^g^ pouce- City of Wilmington shall have become disabled or incapaci- J^flJ.^'^^' ^^ tated while in the active performance of official duty and whenever any member of said force who has performed faith- ful continuous service as such member for a period of not less than fifteen years shall have become permanently inca- pacitated from performing such regular active duty, he may be retired by the Police Commissioners of the City of Wil- mington from regular active services and placed upon the retired list, and all members of said force, who shall have performed faithful continuous services as such member for a period of at least twenty-five years may, upon their own ap- plication, be placed upon the retired list, whether they are disabled or not. Each person so retired shall be entitled to receive from the fund herein directed to be established an Hcemen to amount equal to one-half of the amount of his salary at the ^® pensioned. time of his retirement, so long as he may remain upon the retired list, said sum to be paid monthly, provided said fund shall be sufficient for the payment of all persons entitled to receive same, and in case it shall not be sufficient for that purpose at any time, then the claim of all persons entitled shall abate proportionately. Sec. 2. No member of said force shall be so retired until ^e ret/rlT *° he has been duly notified by said Police Commissioners of °o[^'ce" 218 ACTS OF THE GENERAL ASSEMBLY. their intention so to retire him, and until he has had a fair opportunity of being heard in opposition thereto, provided that any member of said force deeming himself entitled to the benefits of this Act, may make written application to said Police Commissioners for that purpose. No member of amfned%^e^- ^^^^ police forcc shall be placed upon said retired list unless fore retired, j^g shall havc first undergone an examination as to his physi- cal condition to be made by a Board of Physicians, consist- ing of the Police Surgeon of the City of Wilmington, the family physician of the said police officer, and a third repu- table physician of the City of Wilmington to be selected by the other members of the said Board ; said Board shall re- Report of ex- port in writing to the Police Commissioners the result of said amination. physical examination together with a statement as to how far, in the opinion of said Board, the officer examined is in- capacitated from performing regular active duty on said po- lice force ; upon the receipt of said report of said Board of Physicians, it shall be the duty of the said Police Commis- sioners to appoint a committee of four members of the police force of the City of Wilmington (two members to be ap- pointed from each of the two leading political parties), to Hearing hear and determine the matter of the retirement of said of- StSr ficer, and the Chief of Police of the City of Wilmington shall mended. constitute a fifth member of said committee ; and after such committee of five shall determine in favor of the retirement of any officer, the Police Commissioners may retire such of- ficer in accordance with the provisions of this Act. Commission- ggg 3 g^j^j Commissioners may at anv time require any member^to be °^^^^ ^^ ^^^ retired list, except those retired by reason of re-examined, having served twenty-five years, to be re-examined by the surgeon of said force or some other competent physician au- thorized by said Board to act in the premises, and if on such When retired re-examination said officer is reported capable of performing men may be regular dutv, he may be required bv said Commissioners to returned to '^ . 7 »> j . duty. return to regular duty in the same rank or grade in which he was serving at the time of his retirement. Pension g^c. 4. The Board of Trustees of the Police Pension Fund Trustees. Fund shall consist of the members of the Police Commission ACTS OF THE GENERAL ASSEMBLY. 219 of the City of Wilmington or other Board or body of officials having control of the Police Department of the City of Wil- mington ; the Chairman of the Finance Committee of the h°^ chosen. Council of Wilmington, the Chairman of the Police Commit- tee of the Council of Wilmington, and five members of the police force of the City of Wilmington ; said five members to be elected annually by the vote of the members of the police force of the City of Wilmington. The presiding officer of the Police Commission of the City of Wilmington, or of any other Board or body of officials having charge or control of the said Police Department, shall be the president of the P^^esident. Board of Trustees of the said Police Pension Fund. The Board of Trustees of the Police Peujsion Fund shall appoint a secretary from among their own number. The said secre- ®"^'^^^^- tary shall execute a bond for the faithful performance of his duties with respect to the Police Pension Fund in such sum and form and with such surety as will be satisfactory to the said Board of Trustees. The cost of said bond shall be de- frayed from the proceeds of the fund hereinafter created. Sec. 5. All moneys collected in payment of fines imposed pension by said Police Commission upon members of the police force, ^j^^^^ sources all moneys deducted or withheld from the pay of members ^lerived. of the police force by reason of absence from duty from any cause, all moneys donated to this fund, all moneys derived from the sale of unclaimed property coming into the posses- sion of said Police Department shall be credited to said Po- lice Pension Fund. The Trustees of the Police Pension Fund may also receive such annual sums from each member of the police force as he may voluntarily agree to, to be paid monthly to said Police Pension Fund, which sum shall not be less than one per cent, of the salaries of all members of the police force of the City of Wilmington, who shall participate in the benefits of said Police Pension Fund. The City Coun- cil of Wilmington shall annually appropriate not less than city council tAvo thousand dollars which shall be credited to the Police tion!°^^^^' Pension Fund. The Treasurer of the City of Wilmington shall be the^ustodian custodian of said Fund and shall disburse the same upon f""*^- 220 ACTS OF THE GENERAL ASSEMBLY. Investment of said funds. written order of the Board of Trustees. Said Treasurer shall execute a bond for the faithful performance of his duties with respect to this Fund and in such sum and form and with such surety as will be satisfactory to said Board of Trustees. The cost of said bond shall be defrayed from the proceeds of the fund herein created. Sec. 6. The Board of Trustees of said Police Pension Fund may invest any part of said Police Pension Fund that thej' may deem proper in national, state, county or munici- pality bonds, or in first bond and mortgage on improved city real estate, said Board of Trustees shall make a report to the City Council of the City of Wilmington of the condition of said fund on the first day of April of each year. When retired gEC. 7. No member of Said police force shall be placed list may be '■ ^ begun. upon said retired list by said Police Commissioners until such time as the said Police Pension Fund created by Sec- tion 5 of this Act shall have amounted to at least the sum of five thousand dollars. Sec. 8. All Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 21. A. D. 1907. 25 D. L. 319. Matrons to be deemed members of police force for certain purposes. AX ACT to Enable tJie Matrons of the Police Department of the City of Wilmington to Participate in the Benefits of the Police Pension Fund. Section 1. That the matrons employed in the police de- partment of the city of Wilmington shall, for the purpose of participating in the benefits of the Police Pension Fund, be deemed and taken to be members of the police force of the Citj" of Wihnington, and shall be entitled to the benefits of said fund and liable for all assessments and bound by all the rules as any other member of the police force of the City of Wilmington. Sec. 2. That all Acts or parts of Acts inconsistent here- with are hereby repealed. Approved February 25, A. D. 1909. ACTS OF THE GENERAL ASSEMBLY. 221 AN ACT entitled "An Act to Eegulate the Business of Pawn.,^^ ^ g^g Brokers and Junk Dealers within New Castle County, and Bepealing Chapter 374, Vol. 20, Laws of Delaware, and Chapter 14, Vol. 21, Laws of Delaware.'' *********** Sec. 5. That every person, corporation or firm conduct- Pawn brok- ' ^ '■ ers and junk ing the business of a pawn broker or junk dealer shall keep a dealers to book or books in which shall be fairly written in English at records, &c. the time of each loan or purchase an accurate account and de- Records, scription of the goods, articles or things pawned, pledged or what to contain. purchased, the amount of money loaned thereon or the amount of money paid therefor, the time of pledging or purchasing the same and the rate of interest to be paid on such loan, to- gether with the description of the person pawning or pledging oi" selling such goods, articles or things, including the color of his complexion, color of eyes and hair and his or her stature and general appearance. The said book or books shall be pre- Police de- '^ ^ ^ ^ ^ partment of pared by and furnished to such person, corporation or firm so Wilmington conducting the business of a pawn broker or junk dealer by such records, the police department of the City of Wilmington at the ex- pense of such person, corporation or firm so conducting the business of pawn broker or junk dealer. "In addition to the provisions of this Act, herein specified, it shall also be the duty of ?iny person or persons engaged in the business of Pawn Broker, to furnish to each applicant or customer a ticket on which is printed a number corresponding with the number used to identify the article placed in pawn, also the amount given in cash, together with all charges, and the total amount to be paid when article is to be redeemed. There shall also be duplicate tickets as above which shall at the end of each week be returned to the Chief of Police of the Citv of Wilmington. ' ' Sec. 7. The said book, so provided for in Section 5 of Record this Act shall at all times be opened to the inspection of the spection of Judge of the Municipal Court of the City of Wilmington, thccers. Attorney-General, the Deputy Attorney-General of the State, the Chief of Police and the Police Officers of the Citv of Wil- 222 ACTS OF THE GENERAL ASSEMBLY. mington, the State detectives and other peace officers resident in New Castle County. Certain offl- Sec. 12. It shall be the duty of every person, corpora- CGrs iTi3.y ^ make search tion or firm engaaed in the business of a pawn broker or junk in building. . examine any dealer Under this Act and of every person employed in the pledged ar- » i . -, • ,. tides and conduct of such business to admit to any and every part of make seiz- .... ure. the premises designated m the license at any time any member of the police force of the City of Wilmington or other peace officer of the State to examine any goods, articles, things, pledges, pawns, book or books or other record on the premises, and to search for and to take into possession any article known or believed by such police officer of the City of Wilmington or peace officers of the State to have been stolen, and such police officer of the City of Wilmington and peace officer of the State is hereby given full power and authority to make any such search or seiz.ure as is provided for in this Act. Duty of such ^^^- ■^^- ^^^^^ ^^ shall at all times be the express duty of se^^e slioien ^^^ pcrson. Corporation or firm so conducting the business of noti*fv cer- ^ pawu broker or junk dealer to seize or take into possession tain officers, ^ny goods offered to such person, corporation or firm as a pledge or pawn or for sale, which such person, corporation or firm has reason to believe has been stolen and it shall further be the duty of such jDcrson, corporation or firm to immediately notify the police department of the City of Wilmington of such seizure together with the description of such person or persons offering such goods for sale, pawn or pledge. Penalty for ggc 16. That any person, corporation or firm violating act. any of the provisions of this Act shall be guilty of a misde- meanor and upon conviction therefor shall forfeit and pay a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1000.) for the use of New Castle County. ' ' Provided that in default of the payment of any fine imposed under the provisions of this Section the Court shall impose ACTS OF THE GENERAL ASSEMBLY. 223 upon conviction a term of imprisonment of not less than one month nor more than one year for each and every offense. ' ' *********** Approved April 9, A. D. 1907. 224 ACTS OF THE GENERAL ASSEMBLY. CHAPTER VII. ACT IN EELATION TO THE STREET AND SEWER DEPARTMENT. 18 D. L. 352. Street and Sewer De- partment created. Act of March 24, 1903. 22 D. L. 840. Extension of streets. Control of the streets. Drainage. General powers. 1. Act Creating the Board of Directors of tlie Street and Sewer Depart- ment. AN ACT in relation to the Streets and Sewers of the City of Wilmington. Section 1. That on and after the first day of July, A. D. one thousand eight hundred and eighty-seven, (1887) "The Mayor and Council of Wilmington," a corporation of the State of Delaware, is hereby authorized through the agency of a board of directors of a "Street and Sewer Department" («) hereby created, constituted and appointed, their successors in office, further to extend or to widen [or alter the course and di- rection of] an}' street, square, lane, road or alley laid down upon the map, plan (^) or ground plot of the City of Wilmington, and likewise to lay out (<^) all necessary new streets, squares, lanes, roads or alleys within said city, except where heretofore expressly prohibited by legislative enactment still subsisting, and after the time aforesaid, to have entire jurisdiction and control within the limits of said city of the streets, squares, lanes, roads or alleys thereof, said jurisdiction and control to extend from building line to building line, and the entire juris- diction and control within the limits of said cit}^ of the drain- age thereof, and may open gutters, drains and sewers within the limits thereof, and regulate, maintain, cleanse and keep the same and the natural water courses, runs and rivulets within said limits, open, clear and unobstructed, (^) and fur- ther, shall after the time aforesaid, have the same rights and powers, and be vested with the same authorit.y over the said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs and rivulets within the limits of said city, as are now held and exercised by "The Council" of ACTS OP THE GENERAL ASSEMBLY. 225 the said City of Wilmington, under the charter, laws, ordi- nances and regulations appertaining to or in any manner made for the government of said city. The said Directors of said Street and Sewer Department shall also, after the first day of July, A. D. 1887, have jurisdiction and control over the removal of all ashes, dirt and other rubbish incidental to housekeeping within said city, as fully and completely as ' ' The Council" aforesaid has heretofore had and exercised said jurisdiction and control. (a) Spruance, J.: "The act creating the Board of Directors of the Street and Sewer Department, passed April 20th, 1887, Chap. 188 of 18 Del. Laws, expressly gave the corporation, through the agency of said Board, the rights and powers in respect to streets, sew- ers, &c., which were heretofore held and exercised by ' ' The Council "of the city. ' ' Weldin vs. Wil., 3 Penn. 472 at 48-9. (yr. 1902) Nicholson, Ch.: "The purpose and object of the Street and Sewer Act was manifestly to take the whole subject mat- ter of the construction, and also the regulation, of the use of the streets, &c., from ' * The Council. ' ' Bullock's Admr. vs. W. C. Ey., 5 Penn. 209 at 217. (yr. 1905) (&) If the city open and grade a street according to the city plan, it is not liable for damages caused by draining water upon adjacent prop- erty. The property owner must bring his property to grade. But the city must take care of running water. The Court: "The owners ^ ^ hold them" (lots) "subject to this plan * * and are bound to build in conformity with that plan. ' ' Clark vs. Wil., 5 Har. 243. (yr. 1849) (That the city is not liable in damages, for change of grade, is horn book law.) (c) The meaning and scope of the phrase "lay out," &c., is given below, especially, as bearing upon the word ' ' widen. ' ' Lore, C. J.: "While there was authority given in the statute to lay out a new road, to change the course of a road already laid out, or to vacate a road, * * yet there was no power given there- in to tviden a road. ' ' The Court held the word ' ' change, ' ' standing alone, and unmodified, could mean * ' alter. ' ' Petition Alston et al, 1 Penn. 359 at 360. (yr. 1898) On the same matter is the following: "Under the general powers of the commissioners of a town, con- ferred upon them by their charter, in relation to opening new streets in it, they have a right to straighten and widen a public road laid out un- der a previous act of the Legislature, by the commissioners appointed un- der it." Lofland vs. Orton et al, 4 Houst. 622. (yr. 1874) syllabus. In laying out, widening, &c., streets, roads, &c., the Street and Sewer Department should always avail itself of the expert and professional skill of the city surveyor. This will, generally, avoid liability. Huey vs. Eichardson, 2 Har. 206. (yr. 1837) Harrigan vs. Wil., 8 Houst. 140 at 143-4. (yr. 1888) (d) The city is bound to keep its sewers unobstructed. 226 ACTS OF THE GENERAL ASSEMBLY. Lore, C. J.: "If * * damage resulted from obstruction in the sewer by reason of sand, stones and other refuse, which the city negligently permitted to be and remain in the sewer," the city is liable to the j^erson or persons injured thereby. Hessiou vs. Wil., 1 Marv. 122 at 138. (yr. 1893) In the above case the Court held that the time and plans of enlarg- ing sewers, even when known to be inadequate, as well as the time and plans of the original construction of them, were all within the discretion of the city, and that it was not liable for errors honestly made, &c., in this respect, id. 137. See Magarity vs. Wil., 5 Houst. 530 at 537. (yr. 1879) See Harrigan vs. Wil., 8 Houst. 140 at 153. (yr. 1888) (This case must be read with the Magarity and Hession cases to understand the law correctly.) Directors. ^^^- ^- That Josepli L. Carpenter, Jr., James Murray, and J. Newlin Gawthrop, all of the City of Wilmington and State of Delaware, are hereby appointed and constituted a Board of Directors of the "Street and Sewer Department" for said city under this Act, with full power to act as such, for the term of two, four and six years as hereinafter specified respectively'', or until their successors shall be duly appointed. That at the first meeting, after the passage of this act, said offlcT.^ How directors shall determine their terms by lot, and shall certify eteimme . ^^^^ result in duplicate to the City Council and to the Recorder of Deeds of New Castle County; the said certificate shall be recorded by the said Recorder of Deeds, and the original, or the record thereof, or a duly certified copy of the record, shall be evidence in all the courts of this or elsewhere State. ^ The director who draws the two years ' terms- shall serve to and until the first day of April, A. D., one thousand eight hundred and eighty-nine (1889) ; the director who draws the four year term shall serve to and until the first day of April, A. D., one thousand eight hundred and ninety-one (1891) ; the director who draws the six year term shall serve to and until the first day of April, A. D., one thousand eight hundred and ninety- three (1893). At the expiration of the term of the said di- rector who shall draw the shortest term, and biennially there- after, the place of the retiring director shall be filled hy ap- So enrolled. ACTS OF THE GENERAL ASSEMBLY. 227 pointment by the ]\Iayor of the City of Wilmington for the term of six years. («) (a) The Directors are public officers, but municipal, and not State, officers. The nature of their duties (not the method of their appoint- ment) decides their status. Nicholson, Ch. : ' ' Thus the Governor, in the first instance, appoint- ed the Directors of the Street and Sewer Depart- ment. This, according to the above contention, would make them State officers. At the expiration of the term of each of the appointees, his suc- cessor under the law is appointed by the Mayor. Therefore, after the Mayor made the first appointment, there would be two State Directors and one city Director, and so on as each new appointment was made un- til all of said Directors would be city Directors. ' ' State vs. Churchman, 3 Penn. 361 at 371. (yr. 1902) The Chancellor gave the above illustration to show the absurdity of the contention that the manner of one's appointment fixed his status as a State or city officer. No person shall be eligible to appointment as a member of who are . , - . p • o, eligible as said board who shall not be a citizen of the United States, a members of qualified voter of the State, and a resident of the City of Wil- mington for the last five years next preceding his appoint- ment. Any member of said board may be removed for mal- Member may . ., be removed. feasance m omce by the Mayor of said city, with the concur- rence of two-thirds of the whole City Council. The reason for the removal shall be entered in the journal. The meinbers of said board shall hold no other municipal office during his or their membership in said board. The said board shall have power to fill and shall fill any vacancies in its own member- ship, except where there are two or more vacancies at the same vacancies, .. -^ _ ^ _ how filled. time, in which case the Mayor aforesaid shall appoint directors to fill the unexpired term. All the members of said board shall not at anv one time belong to the same political party, shaii not be ° ^ -^ '^ of same po- Each member of said board shall before entering upon his I'ticai party, duties, in addition to any oath required to be taken by other municipal officers, (^) take and subscribe and file in the office of the IMayor of the said city an oath or affirmation that he will faithfully perform his duties as a director in the Street and Sewer Department of said city, and that he will neither be concerned nor interested pecuniarily, either directly or indi- rectly, in any contract for work or materials furnished for or about the erecting, construction or repairs of said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs and rivulets, while a member of said 228 ACTS OF THE GENERAL ASSEMBLY. board ; and further that he will not be controlled in any vote or action as a member of said board by political or partisan consideration. (&) This oath is contained in Sec. 5 of the Charter. Time of Sec. 3. On or before the first day of May, A. D., one oiganiza :on. ^j^Q^^gj^^^ eight hundred and eighty-seven (1887), the said di- rectors of said department hereby constituted shall assemble and organize by selecting one of their number to preside over their deliberation. All questions arising in said board shall be determined by a vote of a majority, except where it is here- after otherwise expressly provided. Salary. Sec. 4. The said directors of the Street and Sewer De- partment shall be paid for their services from the first day of April, A. D. one thousand eight hundred and eighty-seven (1887) yearly salaries as follows, viz: To each the annual sum of five hundred dollars ($500) payable quarterly. The said "The Mayor and Council of Wilmington," may after the said first day of July, A. D. one thousand eight hundred and eightj^-seven (1887), by the agency aforesaid, for the purpose of opening, widening, improving or repairing any street, square, lane, road or alley, or for opening, maintaining, cleansing, improving or repairing anj- gutter, drain, sewer, natural water course, («) run or rivulet within the limit of said city, enter upon and condemn private property and upon and assess the benefits and damages thereof, and have the same private prop- ascertained, collected and paid in the same manner and un- der the same laws, ordinances, rules and regulations as are How paid. uow prescribed for the government of "The Council" of said city in similar cases. (^) The said directors of said street and sewer department shall, after the time last aforesaid, have control of all matters relating to said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs and rivulets, and all the machinery, tools, buildings, rights, franchises, books, accounts and other property of whatsoever nature or kind appertaining to the management of said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water course, runs and rivulets in virtue of any law, ordinance, rule or regulation now or hereafter in ACTS OF THE GENERAL ASSEMBLY. 229 force. In carrying' out and effecting the purposes and ob- jects in this Act, the said board of directors shall stand in ^tan'^in^fhe the same position as is now occupied by "The Council," and "jfJ^®oP°f,^,'jed shall, after the said first day of July, A. D. one thousand eight ]^y the coun- hundred and eightj^-seven (1887), so far as the purposes and objects of this Act are concerned, be substituted for "The Council" aforesaid, with the same rights, powers, privileges and authority as were before the passage of this Act by any means whatsoever vested in "The Council" aforesaid, (<^) pro- p^'ovIso. vided, that to and until the said first day of July, A. D. one thousand eight hundred and eighty-seven (1887), "The Council ' ' aforesaid shall have the same rights, powers, privi- leges and authority, and be vested with the same jurisdiction and control over the said streets, squares, lanes, roads, al- leys, gutters, drains, sewers, natural water courses, runs and rivulets, as it has heretofore had and exercised, except that said Council shall not have the right after the passage of this Act (and it is hereby expressly forbidden) to enter into any contract having relation to said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs or rivulets, the performance of which shall not be entirely executed and completed and paid for on or before the said first day of July, A. D. one thousand eight hundred and eighty-seven (1887). (a) Shipley Eun sewer was a dirty stream of water, and in answer to the contention that it was a natural water course, and private prop- erty, for which compensation should be paid, the Court said : The Chancellor: "Shipley Eun is no such water course as the mu- nicipal authorities of a large city like Wilming- ton, may not divert or fill up, if they choose, for the protection of the lives, health and comfort of the inhabitants of the citv. ' ' Murphy vs. Wil., 5 Del. Ch. 281 at 292. (yr. 1879) (&) This section (4), beginning with the phrase, "The said direc- tors," &c., is set out in the case of Bullock's Admr. vs. Wil. C. Ev., 5 Penn. 209 at 215. (yr. 1905) The Water and Police Department Acts are also referred to, and the Court then said : Nicholson, Ch.: "These acts, taken together, effect the partition of municipal authority in the City of Wilmington. ' ' id. 216. As to the method of condemnation proceedings, see Sec. 116 of the Charter. (c) One of the powers over streets formerly vested in "The Coun- cil ' ' was the power to ' ' regulate the use of the streets, ' ' and under this power the Court held that the Street and Sewer Department had the 230 ACTS OF THE GENERAL ASSEMBLY. power to pass ordinances regulating the use of fenders on the street cars running in the city. Nicholson, Ch.: "In the Act of 1883 above cited" (the Charter) the Council was invested with authority ' ' to pre- scribe and regulate the use of the highways, streets, squares, lanes and alleys of the city, &c. (216) * * If the Council possessed, prior to that act, the power to prescribe the use of a fender, it clearly possessed it as being a reasonable regulation of the manner of using the streets of our city highways, and just as clearly such power was divested by the Act of 1887 creating the Street and Sewer Department, and vested in its Board of Directors." Bullocks' Admr.vs. Wil. C. Ey., 5 Penn. 209 at 217. (yr. 1905) Ordinances g^c^ 5 The Ordinances, («) rules and regulations of to remain m ^ \ / o force until ^^\([ gity now in force relating to said streets, squares, lanes, roads, alleys, gutters, drains, sewers, natural water courses, runs and rivulets, shall continue in force until the same are changed in whole or part by" said board of directors of said department, and the Street Commissioners and all officers and servants of the city engaged and employed on or in connection with the streets and sewers thereof, shall, from the said first day of July, A. D. one thousand eight hundred and eighty-seven (1887), be under and subject to the control of said directors, and the terms of office of the said Street Commissioner and all the said officers and servants are from and after the time last aforesaid, hereby made subject to ter- mination at the pleasure of said directors, and said Street Commissioner, and all such officers and servants shall con- tinue to perform the duties now devolved upon them by the laws and ordinances of said city until the said directors shall otherwise order; and all machinery, tools, buildings, rights, franchises, books, accounts, and other property of whatso- ever nature or kind connected with the management of the said streets and sewers shall, after the date last aforesaid, be used and disposed of according to the orders of said direc- tors. The Chief Engineer and Surveyor of the City of Wil- mington shall perform the same duties as by any law, ordi- thesa^e^"'^"^ Dance, rule or regulation of said city he is now required to perform. He shall also when required furnish said directors wdth all plans and specifications for laying out, grading and regulating streets and public ways, and for bridges, culverts, location of inlets, sewers, drains, gutters or other improve- ments to be made or done under the superintendence of the Street Com missioner. Term of office. Chief En- gineer and Surveyor duties. ACTS OF THE GENERAL ASSEMBLY. 231 said directors. He shall take charge of all instruments, maps, plans, drawings, records and books relating to the surveys, regulations, grades, culverts, sewers, bridges, wharves and rivers of the city, and all such shall be the property of the City of Wilmington. He shall, when re- quired by said directors, attend their meetings and consult and advise with them or with either of them. (^) The said di- rectors shall, during the month of April in each year, pre- prepare'^es^ti- pare estimates of probable expenses of the said street and ™^tes. sewer department over and above its probable revenue for the ensuing fiscal year, which estimates said directors shall lay before Council in INIay following. (a) To repeal an Ordinance, the Charter requirements must be com- plied with. . Mayor and Council of Wil. vs. McNabb. (yr. 1906) Munic. Ct. De- cision final. (b) If the city has consulted the Chief Engineer before doing work of any kind, and acts on his advice, it has ordinarily done its duty. The city does not have ' ' to take scientific counsel before " it " undertakes to build a sewer," &e., but if it does not do so, and "any mistake be made which might have been avoided by due care in taking advice," &c., "the city would be liable. ' ' Harrigan vs. Wil., 8 Houst. 140 at 144. (yr. 1888) Huey vs. Eichardson, 2 Har. 206. (yr. 1837) See Magarity vs. Wil., 5 Houst. 530 at 537. (yr. 1879) See Hession vs. Wil., 1 Marv. 122 at 137. (yr. 1893). This case does not approve of all contained in the Harrigan case. The Magarity and Hession cases lay down the law that our Courts follow. The city is not liable for an exercise of its discretionary powers, such as deciding upon the plan or system of work — the size of sewers, inlets, outlets, the ma- terials to be used, &c. It is liable, however, after it decides as above, for what it does in an unworkmanlike manner, just as an individual would be. Magarity vs. Wil., 5 Houst. at 536. (yr. 1879) [The Council shall determine the amount necessary foi" council to the use of said street and sewer department, based, as ne^^'ly f moun't"^ as may be, upon the said estimates. The Council shall in the PQj?|^t^,gg^ month of INIay, A. D. one thousand nine hundred and seven and sewer (1907) and in every year thereafter, when determining the ^ct of March amount necessary to be raised on the persons and estates in the^. ^K^^'see^^ City for public use, also include the sum necessary to be raised on the persons and estates for meeting and paying the public expenses estimated and determined by The Council as afore- said. The amount so determined upon shall be raised and col- ^j^ount de- lected and paid into the city treasury as other taxes are raised, up™|"how collected and paid into said treasury. At the time of making ''^is®^- 232 ACTS OF THE GENERAL ASSEMBLY. Council to appropriate for expenses of Depart- ment. Proviso: Limit of amount. When appro- priation available. How drawn. Account to be kept. Employment of officers. the annual appropriation for public use, The Council shall also make an appropriation for the expenses of the said street and sewer department equal in amount to that determined in the manner aforesaid by The Council. Provided, that the amount so determined by The Council for the use of said de- partment shall not be less than one hundred thousand dollars ($100,000.00) for the current and ordinary expenses of said department for any one fiscal year. («) The amount of the ap- propriation for the current expenses of said board of the street and sewer department so made by Council shall be paid in full on or before the first Saturday in August in the year A. D. one thousand nme hundred and seven (1907) and on or before the first Saturday in August in each year thereafter, by the City Treasurer upon an order or orders drawTi by the aforesaid board of directors under the hand of its president. The said directors shall keep or cause to be kept, a full and true account, in suitable books, of all moneys coming into its possession, and received by it, and of all its expenditures ac- cording to the provisions of any ordinance of the city now in force or of any rules and regulations hereafter to be passed by said board, and it shall keep or cause to be kept, a full and true account, in suitable books, of all labor performed or ma- terials or supplies furnished.] (a) This provision gives the Dei^artment the revenue with which it must run its affairs. The act also gave it some additional revenue, but the Court decided that the moneys derived from the markets and wharves, and the pole rents belonged to ' ' The Mayor and Council, ' ' and not the Department. Lore, C. J.: "This was a case stated, the point at issue being, whether the Board of Directors of the Street and Sewer Department were entitled to have, receive and disjiose of the fees and charges collected from farmers, traders, dealers and hucksters using the street markets in said city, or whether such fees and charges ought to be paid over to ' ' The Mayor and Council of Wilmington ' ' for the gen- eral fund and uses of said city. There was also a second suit brought by the same plaintiff against Isaac C. Pyle, City Auditor for the City of Wilmington * * concerning the taxes on electric light poles, * * also a third suit * * in regard to the rents collected from lessees of wharves along the river front at the ends of streets owned by the said City of Wilmington. * * Judgment was rendered in favor of the de- fendant in each case," — i. e., against the Street and Sewer Department. This decision gives the money to the Council, for the use of the city. Street and Sewer Deisartment vs. Connell, 2 Penn. 571 at 572. (yr. 1900) Sec. 6. The directors of said Street and Sewer Depart- ment shall, at their discretion appoint, employ and discharge ACTS OF THE GENERAL ASSEMBLY. 233 all officers, agents, ministers and servants necessary for the management and services of the duties imposed upon said di- rectors by this Act or by any laws, ordinances, rules or regu- lations appertaining to or affecting said duties ; they shall de- termine the compensation to be paid to each one so employed and shall make all the needful rules («) and regulations to gov- ^owlrs. ern their own deliberations and for the observance of the offi- cers, agents, ministers and servants by them employed, and shall determine the penalty and condition of the bond or bonds of such officers, agents, ministers and servants as are required b}" said directors to give bond.' (a) As to the legal meaning of the word "rules," see Sec. 76, "a" of the Charter. Sec. 7. The said directors shall immediately after their organization resolve upon what in their judgment is the best plan for giving the citizens of Wilmington the most improved svstem of streets and sewers, and to this end may acquire by May acquire ' ' ^ / real and per- contract or otherwise all such real and personal estate as said sonai estate. directors shall deem necessary, the title to any such real and personal estate to be vested in The Mayor and Council of Wil- mington. Any sewer or sewerage system, drain or culvert, sg^,gj,j,„g which said directors may deem injurious to the best interest of system. the cit}', or inconsistent with the plan of said department for a sewerage system for said citj'^, or which said directors may believe should be controlled by the city through said depart- ment, may, after the said first day of July, A. D. one thousand eight hundred and eighty-seven (1887), be condemned in the^^^^j^^gj^j^j^, same manner as land is now condemned for street purposes, («) tion. except that said directors shall in such condemnation proceed- ings act, instead of and be substituted for "The Council" of said city; and the same laws, ordinances, rules and regula- tions which now govern said Coimcil in such proceedings shall, after the time last aforesaid, apply to and govern said direc- tors. After any sewer or sewerage system, drain or culvert has been condemned, (^) as aforesaid, said department may use or discontinue the same or make such other disposal thereof as in the judgment of its directors seem best. When a sewerage sys- sewerage tem for said city has been resolved upon, said department may '^'^^^' fix rates, which those who connect their properties therewith 234 ACTS OF THE GENERAL ASSEMBLY. shall be required to pay and said department may collect the same; it shall account to "The Council" for moneys thus re- ceived in the same manner as it is hereafter required to account for other moneys received and expended. (<') (a) See Sees. .116 and 117 of the Charter. (&) The city may condemn, and close up, a filthy stream of water (practically a sewer) such as was Shipley Eun, without compensation. See Sec. 4, " a " of this act. (c) See Sec. 71 of the Charter. Contract for materials. Publication for bids. Bids to be signed by bidder. Sec. 8. The doing of all ^york and the furnishing of all materials and supplies required by said Street and Sewer De- partment shall be let out by the directors of said department to the lowest and best bidder, («) except in cases where, in the opinion of said directors, it is not practicable to do such work or furnish such materials and supplies by contract. Notice that the department will receive proposals for such work, ma- terials or supplies shall in all cases be published at least five times in each of two daily papers of the City of Wilmington, the last publication to be at least three daj's before the open- ing of the bids. Such notice shall state the kind and amount of the work to be done or furnished, the place where and the period within which the bids will be received. Each bid must be signed by the bidder and be accompanied by an undertak- ing signed by the persons olfered by the bidder as his sureties, who must in all cases be resident freeholders of New Castle County, declaring their consent to be such sureties in the event of the contract being awarded to such bidder ; and if anj" con- tract be so awarded and such bidder shall fail to complete the execution of a contract therefor, with security for its perform- ance, approved by the said department, such bidder and the party or parties so undertaking for him as aforesaid shall be liable to pay to the Citj^ of AVilmington any damage that may be occasioned to said city by such failure. (a) Under an ordinance passed in 1862, relating to street paving (Ch. Ls. & Ords 1885, p. 327) which required contracts to be let to the "lowest bidder," the Court held, if the advertisement reserved the right "to reject any or all bids," it was a valid clause, and it could reject said bids and re-advertise; and it also could "have preferred a higher bid under the original advertisement. ' ' Keogh vs. Wil., 4 Del. Ch. 491 at 498-9. (yr. 1872) The bidder, in view of said clause, practically said : "I propose to ACTS OF THE GENERAL ASSEMBLY. 235 do the work for so much, provided you * * give me the job." id. 499, And ■without said clause, "to reject any or all bids," &c., the Coun- cil has the right to reject all bids, ' ' alter the plan * * change or amend the specifications and issue new ones." id. 497. The Chancellor: "The question whether the ordinance has been strictly followed, is one between the Council and its officer or committee, and does not concern the bidder. His acquies- cence in the reserved right, by bidding subject to it, concludes him. * * (499). where no private right is infringed, and the city corporation or its olficers are exercising their discretion in good faith, the Court will not revise the grounds of their j^roceedings nor entertain the suggestion that their action is inexpedient for the public interest. ' ' id. 500. The above decision was based on an ordinance; the above section is part of a statute. Sec. 9. The Citv Auditor shall examine all bills against _ ^. ° Duties of said department and endorse them as correct before they are city Auditor, presented to said department for payment ; he shall also ex- amine and countersign all drafts or orders and withhold his signature in case the draft or order is made without sanction of law, or with any circumstances of fraud actually or pre- sumably attached thereto, in all of which cases he shall re- port his action and the grounds therefor to the directors of said department at their ensuing meeting ; said directors shall thereupon duly, carefully and publicly consider the case and shall sustain or overrule his action by a unanimous vote of all the members of said board of directors, whereupon it shall be the duty of the City Auditor in case he shall be over- ruled to countersign the said draft or order, in which case he shall be exonerated from all responsibility in the premises. He shall also keep a book or books in which an exact and complete record of all accounts so paid shall be entered, keeping a debtor and a credit account with all persons doing work for or furnishing materials to the said department in any manner. Sec. 10. If any of said directors of said department, or Dji-j^ctor any officers thereof, shall at any time apply to his own use ^^^^ to"ws^^" any of the money which may come to his hands or under his J^ne"^com- control, by virtue of this Act, the person so offending and his ^"^1"^° '^'^ sureties shall forfeit and pay to the City of Wilmington a p^j^j^j^v sum of money which shall be two-fold greater than the sum of money so applied to the use of the offender, to be recov- ered bv action on his official bond or otherwise, as the case 236 ACTS OF THE GENERAL ASSEMBLY. may be ; provided, nothing herein contained shall be considered a bar to any criminal proceeding for the same offense. Money to be Sec. 11. The moneys and revenue received by the Street and Sewer Department shall be deposited to the credit of See 18 D. L. said department in such bank in Wilmington [as it shall de- 36 and 18 D. . ^ ^ ^ „ i t , t , ,. L. 895. termine uponj, and all money to be disbursed therefrom on account of the duties and obligations by this Act imposed, How drawn, aud^ shall be drawn upon warrants signed by the President of the Board of Directors of said Department and counter- signed by the City Treasurer and City Auditor. ' ' The Coun- cil" of the City of Wilmington shall at its first meeting in May, in the year A. D. one thousand eight hundred and eighty-eight (1888), and annually in the month of May ., ^ „ thereafter, appoint from among its members, a committee of Council shall ? j-i o ^ j ^ annually ap- tlirec whosc dutv it shall be to examine and audit the ac- point a com- mittee to ex- counts of the said Street and Sewer Department, and if cor- amme and audit ac- rcct, attest the same. The said department shall submit to counts. , said committee an itemized statement of its receipts, dis- Statement of . receipts. To burseiiients and expenses for the year immediately preced- whom sub- mitted, ing, together with its books of account, vouchers, &c., and Committee all otlicr data necessarv to enable said committee to properly shall report "_ . . to the coun- audit said accounts. The said committee shall withm two cil. weeks report its finding to "The Council" aforesaid, and Act of April the said itemized statement shall immediatelv thereafter be 19 1889 18 * D.' L. 883. [printed in pamphlet form.] Duty of City [It shall be the duty of the City Auditor, during the first Auditor. week of every month, to examine and audit the accounts of the said Street and Sewer Department for the month last Act of April preceding ; and he shall make duplicate certificates, showing D.' L. 411. ^^ the result of such examination and audit, one of which he shall deliver to the said Board of Directors of the Street and Sewer Department and the other shall be by him transmitted to "The Council."] Directors Sec. 12. Each of the directors of said Street and Sewer bond. Department shall, immediately after organization, («) enter So enrolled. ACTS OF THE GENERAL ASSEMBLY. 237 into a bond with sureties to The Mayor and Council of Wil- mington in the sum of thirty thousand dollars, said sureties to be approved of by the "City Judge," the condition of which bond shall be as follows, viz : The condition of this obligation is such that if the above bounden one IJtlon °^ '^°"' of the directors of the Street and Sewer Department, shall in all things comply with the provisions of this Act, and shall faithfully execute the trust confided to him, then the above obligation to be void, otherwise to remain in full force and virtue. To the said bond there shall be subjoined a warrant of attorney to confess judgment thereon, and the said bond and warrant shall be filed in the office of the City Treasurer, there to remain until in the judgment of the "City Judge" the interest of the city demands that it be entered in the Su- perior Court of the State of Delaware in and for New Castle County. (a) This wording "immediately after organization," is odd. Prac- tically, all the officials required to bond, do so before they take office. Sec. 13. All Acts or parts of Acts inconsistent herewith inconsistent are hereby repealed. ^"*" '''''^'^'' Passed at Dover, April 20, 1887. 238 ACTS OF THE GENERAL ASSEMBLY. CHAPTER VIII. ACTS IN RELATION TO SEWERS AND DRAINAGE. Page Page 1. Act Authorizing tine Street 4. Act Authorizing the Street and Sewer Department to and Sewer Department to Construct Certain Sewers.. 238 Satisfy Certain Paving and 2. Act Authorizing the Street Curbing Liens 246 and Sewer Department to | 5. Act Authorizing the Street Establish Rules for Drain and Sewer Department to Layers 244 Lay a Sewer at Third and 3. Act Authorizing the Street Webb Streets 247 and Sewer Department to Build and Also Condemn Sewers Within One Mile of the City Limits 245 19 D. L. 413. AN ACT pertaining to a System of Sewers for the City of Wil- mington. Preamble. Whereas it is apparent that the City of Wilmington stands in great need of a thorough system of sewers that will be extended over the entire city, providing not only for the present but for the future. Whereas a proper regard for the health of the inhabitants of the city, as well as their property and business interests, require that this work be speedily undertaken. Whereas a plan of a well-defined system has been pre- pared under the direction of the Board of Directors of the Street and Sewer Department, and an approximate estimate of the cost of building the same has been duly made; now therefore, («) (a) The recital part of this Act is set out, verbatim, in the case of English vs. Wil., 2 Marv. 63 at 86-7. (yr. 1894) Section 1. That the ]\Iayor and Council of Wilmington, through the agencv of the Board of Directors of the Street ACTS OF THE GENERAL ASSEMBLY. 239 and Sewer Department of the City of Wilmington, («) is hereby |*^f|^ g^^ authorized and empowered to construct such sewers in ac- t'hoi'il^l^^^o^' cordance with any plan {^) now or that may hereafter from construct time to time be adopted, as may seem to them necessary to meet with the requirements of the city, and the cost of construct- ing such sewers shall be met in the following manner. (a) Nicholson, Ch.: This Act "does not conflict either with the provisions of the Constitution of the State of Delaware, or with the Fourteenth Amendment of the Constitution of the United States, and is in all respects constitutional. ' ' English vs. Wil., 2 Marv. 63 at 97. (yi-. 1894) (&) The kind, size, plan, location, &e., of sewers, and the time of the building of the same, are purely judicial matters, and for errors of judg- ment regarding the same the city is not liable in damages, but the city is liable for the imperfect and unworkmanlike manner in which the work is actually done. Magarity vs. Wil., 5 Houst. 530 at 535-7. (yi-. 1879) Hession vs. Wil., 1 Marv. 122 at 137. (yr. 1893) Comegys, C. J.: The city officials "are not liable for any error of judgment merely in deciding upon a plan of im- provement ; nor is the city. ' ' Harrigan vs. Wil., 8 Houst. 140 at 143. (yr. 1888) Huey vs. Richardson, 2 Har. 206. (yr. 1837) Sec. 2. The said Board of Directors of the Street and Manner of paying ccst Sewer Department, from the approximate estimate of the of sewers. w^hole cost of constructing any sewer in accordance with any plan now or that may hereafter from time to time be adopt- ed, shall apportion the said cost to each lineal foot of sewer to be built in accordance with the aforesaid system, said cost to be apportioned alike upon each and every size of sewer, ^ rtion- be it a lateral or trunk sewer ; tw^o-fifths of said cost per lin- i^^ent of cost. eal foot shall be paid for by the aforesaid board of directors out of their annual appropriation for streets and sewers, the remaining three-fifths of the said cost per lineal foot shall be paid for by the abutting property upon the streets or high- ways in which said sewers are constructed at the time of completing each sewer, and the aforesaid property shall be assessed for said costs per lineal foot as follows: Sec. 3. («) All assessments ( ^) shall be made upon the prop- . X i J. Assessments. erties abuttmg upon that portion of any street or highway, lane How made. or alle}^, in which any public sewer may be constructed under this provision, at the rate of fifty cents for each front foot of such property upon such street, highw^ay, lane or alley, and one 240 ACTS OF THE GENERAL ASSEMBLY. cent for each square foot of such property between such street, highway, lane or alley, and a line not exceeding one hundred and fifty feet distant from and parallel with the line of such Proviso street, highway, lane or alley ; provided, however, that where any property is situated between two streets or highways, the area upon which said assessment of one cent per square foot is made shall not extend to more than one-half the distance be- tween such streets or highways; and provided also, that when Corner lots ^^^^ property is situated at the corner of two streets or high- ways, or otherwise so situated as to be assessed for the ex- penses of building a sewer on one of such streets or highways, ^6^*^1893"^^"^^ [only the front of such property, together with the area, shall be liable for such assessment, .and the whole assessment shall be made on the completion of anj' portion of a sewer, either in front or on the side of such property, so as to make the said Proviso. property accessible to such sewer; and provided further, that the said Board of Directors of the Street and Sewer Depart- ment shall determine, in all cases, what portion of a property shall be considered as side frontage, unless said property has been divided into building lots and a plot thereof filed in the city engineering and surveying department, or published, or both, then in such case the side frontage shall be determined Proviso. by such plan; provided further, however, that should the owner or owners of such corner property decide, after the above assessments are made or paid, to make the side of such property, as determined by the said board, the frontage of such property, then in such case the owner or owners of such corner property, shall pay such additional sum of money as the said board of directors may determine upon, in accord- Proviso. ance with the provisions of the aforesaid Act] ; provided, how- ever, that said side frontage is one hundred and fifty feet or less; and provieled also, that no property or portion of prop- erty shall be assessed for the construction of any sewer, unless such property or some portion thereof shall abut and be bounded upon the street on which said sewer shall have been constructed, or unless such property or a portion thereof has a right of access to said street or highway by a private alley, or desires to use said sewer before a sewer is constructed upon the street or highway upon which said property abuts, in ACTS OF THE GENERAL ASSEMBLY. 241 which case the said property shall be liable for the same as- sessment as though the sewer was constructed in the streets or highways upon which said property abuts, and the said prop- erty shall not be liable for any further assessment for sewer purposes. (a) This section is set out verbatim in the ease below cited, and the Court decided: 1st. That an assessment of .50 per front foot, and .01 per square foot ascertained from an estimated cost of a sewer system for the entire city,' was valid, (at 87-88) 2nd. That the fixing of the amounts by the Legislature was valid. (86) 3rd. That it was not necessary to give notice to the abutting prop- erty owner before the assessment was made, as it was simply a matter of multiplication, and no good could come of giving notice. If the assess- ment had been based on the basis of benefits, then notice would have been nGCGSSRrv. English vs. Wil., 2 Marv. 63 at 90. (yr. 1894) (b) These assessments are valid. Murphy et al vs. Wil. 6 Houst. 108 at 133. (yr. 1880) All requirements should be strictly complied with or the assessment will be void. id. 136. Sec. 4. When any such assessment shall be made upon Rights of any land for the expense of constructing any such sewer, the Sndl'L°- owner so assessed shall have the right to connect such land g|^|r^ ^°'" with such sewer, under and subject to such rules and regula- tions as the Board of Directors of the Street and Sewer De- partment shall from time to time prescribe, upon executing to said board a release of all damages which may at any time happen to such property in any way resulting from such con- nection. Sec. 5. All assessments made under authority of this Lien of as- SGSSIXlGHtS- Act shall be a lien («) upon the property upon which they are made from the date upon which they are certified by the Board of Directors of the Street and Sewer Department to the clerk of said board for collection, and such lien shall have priority against any lien, incumbrance or conveyance made or suffered by the owner or owners of such property after the date of the certifying of such assessment as afore- said. And any such assessment shall be due and payable when as- *' . . sessment upon the date of the certifying as aforesaid, and if paid fails due. within [sixty] days after the date of the presentation of the l^^tj^^g^P^"*^ bill of such assessment a discount of five per cent, will be al- Discount. 242 ACTS OP THE GENERAL ASSEMBLY. Act of April 26, 1893. Failure for a year to pay assess- ment. Levying on property. Sale. Notice of sale. Deed. Application of money. lowed on the face of the bill so presented; [and upon all as- sessments paid after sixty days, and on or before ninety days after presentation of the bill, the face of the bill will be payable ; and] upon all assessments not paid within [ninety] days after the date of the presentation of the bill as afore- said, interest, at the rate of six per centum per annum, may be charged from [ninety days after] the date of the certify- ing of such assessment as aforesaid until the same is paid in full. If, however, any such assessment or part of such as- sessment shall remain unpaid at the end of one year after the date of the certifying as aforesaid, it shall be the duty of the Mayor of the city to issue his warrant, directed to the said Board of Directors of the Street and Sewer Department, commanding them to levy the same with the interest there- on accrued, and all costs thereon, upon the grounds or build- ings of such owner abutting on any such streets or highways aforesaid, which such grounds or buildings or any part thereof shall be sold by the said board at public auction (^) after ten days' notice in two newspapers published in said city, and a deed from The Mayor and Council of Wilmington shall conve.y to the purchaser of such grounds or buildings as full and complete a title to said premises, in fee simple or other- wise, as if the same were executed by said owner thereof. And it shall be the duty of said board of directors, out of the purchase money of the said premises so sold as aforesaid, to pay all costs arising from said process and sale to the parties entitled thereto respectively and to retain the amount of such assessment with accrued interest thereon as aforesaid. The residue of said purchase money shall be immediately deposited by the said board of directors in the Security Trust and Safe Deposit Company of "Wilmington, Delaware, to the credit of the owner of the property so sold. (a) This lien clings to the land, whoever may be the owner. If an assessment be made for a sewer lien in the name of a deceased person (who was once the owner of the property) or his heirs, and the same be sold by the city, and when sold, it was owned by other persons, this will not vitiate the sale, for, Wales, J. : The ' ' lands were liable for the payment thereof whoever might be the holder and the owner of the same, ' ' and this, especially so if the city official had no notice of the change or trans- fer, and the record did not show such change or transfer. Murphy vs. Wil., 5 Del. Ch. 281 at 293. (yr. 1879) ACTS OF THE GENERAL ASSEMBLY. 243 (&) If the Department has decided to sell as above, the tax or as- sessment should be paid under jjrotest, and an action be brought to re- cover back the money, for the Court of Chancery is not inclined to re- strain the city in its action. Wales, J.: " The owner of personal or real property, seized and sold under execution for the collection of an illegal municipal tax, has an adequate remedy at law, either by paying under protest the amount demanded, and bringing an action against the city to recover it back, or by an action of trespass for the recovery of damages. * * A writ of certiorari will afford the owner of property, subject to an illegal assessment, another mode of redress or relief. ' ' Murphy et al vs. Wil., 6 Houst. 108 at 138. (yr. 1880) Saulsbia-y, Ch.: Equity will not "become a supervisor in respect to the compliance or non-comj)liance with all the ordinances of a great city, by its officers in the administration of the multifarious affairs of the city. ' ' Same case, 5 Del. Ch. 281 at 293. (yr. 1879) Neary vs. P., W. & B. E. E. Co., 7 Houst. 419 at 426. (yr. 1887) P., W. & B. E. E. Co. vs. Neary, 5 Del. Ch. 600 at 610. (yr. 1886) E. G. & T. Co. vs. Donahoe, 8 Del. Ch. 422 at 427-8. (yr. 1899) Sec. 6. That properties abutting upon a street or high- ^rope^rtjf way, lane or alley wherein a public sewer has been con- ^ssed.^ structed previous to the passage of this Act, shall pay to the said Board of Directors of the Street and Sewer Department the same amount for sewer benefits as is herein provided for ; provided, Iwwever, that no assessment shall be made upon such property until a permit is granted by the said board for the p™^''^°- said property to make connection with said sewer, where- upon the whole assessment shall be due and payable before any such connection is made. [And he it further provided, that all properties, or per- Act of April tions of properties abutting upon any navigable stream ^^' ■^^^^' within the city, and lying between said stream and the first ting*iilvf-*' street, highway, lane or alley, lying back from and in or near ffreams unto the same direction with the said stream, shall not be ^^®"^Pt- liable for any sewer assessment whatever, unless said prop- erty, or any portion thereof, desires the use of public sewer, in which case said property shall be liable for the same as- sessments as herein before provided.] Sec. 7. The Board of Directors of the Street and Sewer Rules and Tx , . , , T ■ T -I T regulations Department are hereby authorized and empowered to pass to be -, -, . i/\ T ■, • • t ■, -, adopted by and adopt such rules («) and regulations as the said board may board. see proper for regulating, controlling and prescribing the 244 ACTS OF THE GENERAL ASSEMBLY. manner in which any sewer or drain constructed by order of or in charge of said board shall be used, and the manner in which connections therewith, or with any private sewer now existing or hereafter to be constructed in any public street, lane or alley in the city, any house, building, yard or other place, shall be made, and for the keeping of the same in proper repair, and shall prescribe certain fines and pen- alties for the non-observance of such rules and regulations, said fines to be collected in the same manner that other fines for offences against the ordinances of the city are now or may hereafter be collected. (a) As to the legal meaning of the world "rules," see Sec. 76, "a" of the Charter. Sec. 8. That all Acts or parts of Acts inconsistent with this Act are hereby repealed. Passed at Dover, April 29, 1891. 19 D. L. 434. AN ACT in relation to Sewers and Drains. Rules and regulations concerning drain layers. Licenses. Penalties. Proviso. Section 1. That the "Mayor and Council of Wilming- ton," through the agency of the Street and Sewer Depart- ment, shall have power to establish rules («) and regulations for the proper government of all persons or corporations who may be engaged in the laying, repairing and making any connections with any public or private sewers, drains, drain pipes, water or steam pipes, in that portion of the City of Wilmington under the jurisdiction and control of the said Street and Sewer Department, and may provide a system of licenses for, as well as proper bonds of indemnity from all such persons or corporations, which bonds of indemnity (^) shall be with surety or sureties, and in such amount and with such conditions as said Street and Sewer Department may determine ; and the said Street and Sewer Department may prescribe penalties for breaches of such rules and regula- tions ; provided, however, that no penalty shall be in excess of fifty dollars. (o) As to the meaning of the word "rules," see Sec. 76, "a" of the Charter. (6) The city should always take bonds of indemnity, for it is liable ACTS OF THE GENERAL ASSEMBLY. 245 for the negligent acts of plumbers ^Yho open streets by virtue of licenses issued to them by the various Departments. Comegys, C. J. : The city ' ' oftentimes authorizes, by license, par- ties not in its employ to do certain things; * * as to open the public streets * * and to connect house drains * * ■with the public mains in the street, taking from them * * indemnity to protect the city from suits. ' ' Anderson vs." Wil., 8 Houst. 516 at 526. (yr. 1889) "But that does not relieve it as to the citizen of such public duty." The city should ' ' see to the work the same as if it were being done by its own agents, ' ' &c. id. 527. Sec. 2. Such rules («) and regulations as shall be adopted Rules and regTilations in conformity with the provisions of this Act shall be print- to be printed, ed and kept in the office of the Street and Sewer Depart- ment for distribution to persons or corporations that may make application to connect with, lay or repair any public or private sewer, drain or drain pipe, water or steam pipe as aforesaid. (a) As to the meaning of the word ' ' rules, ' ' see See. 76, " a " of the Charter. O-r-iy-i O *^Tp * ^ % ^ ^ 4r * Passed at Dover, May 15, 1891. AX ACT to autliorize the Mayor and Council of Wihnington,.^Qjy ^ eso. acting through the Board of Directors of the Street and Sewer Department, to take hy condemnation the right to build sewers or lay sewer pipes or to acquire the right to iise such pipes already laid, or to use certain water courses of lands outside of the said City and within one mile thereof. Section 1. That the INIavor and Council of Wilmington, May build or ^ ' acquire sew- acting through the Board of Directors of the Street and Sewer ers within ■" " one mile of Department, be and it is hereby authorized and empowered to city. build sewer or sewers and to acquire the right to use such sewer or sewers already built outside the limits of said city and within one mile thereof, as the public interests, in their judgment, require. And further, to acquire and take ^1^^11.1^^^^^^^^^^^^ small streams and water courses, («) and the beds thereof , with- streams, in the distance aforesaid outside the limits of the said city, as 246 ACTS OF THE GENERAL ASSEMBLY, Damages to land owners. How assessed. How paid. 20 D. L. 155. the public interests may require ; provided, that such small streams or water courses shall be drained into sewers by it to be constructed, and that the authority for taking any such un- der the provisions of this act shall not be construed to author- ize the taking of any streams or water rights, or the condem- nation thereof, where the same are now used by or for the benefit of manufacturing establishments in or near said city, or for producing power therefor ; and if the said board of di- rectors shall be unable amicably to agree with the owTier or o\^'ners thereof, or of the land through which the same shall pass or may need to be constructed, the damages to such land owners or to the owners thereof shall be assessed in the same manner as damages are now assessed where land is condemned for opening, widening or laying out streets in the said city (^) and all sums which shall be agreed upon or assessed as dam- ages in such cases shall be paid out of the funds provided for the purpose of building sewers. Passed at Dover, May 13, 1897. (a) As to "water courses," and the city's right to take same, &c., see the case of, Murphy et al vs. Wil., 6 Houst. 108 at 129. (yr. 1880), and 5 Del. Ch. 281 at 291-2. (yr. 1879) (&) See Sec. 116 of the Charter. AX ACT in relation to the Liens entered against Property for curhing and paving Sidewalks or Streets and the con- struction of Sewers. Lien for pav- ing to be satisfied upon pro- duction of evidence of payment. Section 1. That the board of directors of the Street and Sewer Department of the City of Wilmington, or their suc- cessors, shall by resolution from time to time, as occasion may require, cancel and satisfy of record at any meeting of said board of directors, any and all liens entered against abutting property for the paving or curbing of any footway, sidewalk or street, as well as liens entered for the construction of any public sewer or drain, upon the presentation by the owners or agents of any property liened for purposes aforesaid, of evi- dence of previous payment to the proper municipal authorities of the City of Wilmington for the whole number of feet con- ACTS OP THE GENERAL ASSEMBLY. 247 tained in the street line of the property of such owners re- spectively, of any curbing or paving in front or alongside of, or the drainage from said propert3^ Sec. 2. Upon the absence of evidence of any previous Lien may be . . n T satisfied payment for liens as aforesaid, the said board of directors are without evi- . ... 11-^1. dence of hereby authorized, m their discretion, to cancel and satisfy oi payment 1 m T £• wliere prop- record, any and all liens entered subsequent to the passage oi erty drained the Sewer Lien Law, April 29th, A. D. 1891, against abutting sewer prior property, where the property so liened has been and is drain- ing into a public sewer previous to and at the time of the entry of the lien, as aforesaid; provided, Jiowever, that it shall not be lawful to cancel any sewer assessment or lien made or en- tered against unimproved land (without buildings or build- Not to apply \ 1 • 1 TO /to unim- • mg) abutting a natural Avater course used for sewage (except- proved land, ing a natural stream), unless such cancellation be by payment in the usual manner made and provided. Sec. 3. That all the public acts and doings of the board of directors of the Street and Sewer Department of Wilming- rectors of ton, so far as the same applies to the cancellation of anj^ ac-sewer De- count liened (under the jurisdiction or control of said depart- mad™ valid, ment) shall be and the same are hereby confirmed, established and declared to be valid and effectual. Sec. 4. That this act shall repeal all laws or parts of same so far as they may be inconsistent therewith. Passed at Dover, JMarch 26, 1895. AN ACT to protect the Health of the Citizens of Wilmington. .,„ ^ ^ ... -0 J_). Li. ddO. Section 1. The Mayor and Council of Wilmington is sewer. hereby authorized, directed and required, within one year after the passage of this act, through the agency of the Board of Directors of the Street and Sewer Department for the said city, to lay and construct a sewer drain pipe of the diameter of not leas than twelve inches, beginning at the intersection of Third and Webb streets in the said city and running thence southerly with the said Webb street to its intersection with Lancaster avenue, and thence by such course as the said board 248 ACTS OF THE GENERAL ASSEMBLY. Condemna- tion of land. Expenses how paid. Powers. jjja^y cleem most expedient to the Christiana river ; and also to acquire by purchase or condemnation the lands, waters and water rights necessary for laying and constructing the said sewer drain pipe. Sec. 2. In ease the said board of directors shall not be able to agree with the owners of said property for the pur- chase thereof, the said board shall cau>se the same, whether within or without the bounds of the said city, to be condemned for the use of the said city for the purpose aforesaid in like manner and by like proceedings as are now provided hy law for the condemnation of land for extending, widening, laying out or opening streets within said city. {^) (a) See Sec. 116 of the Charter. Sec. 3. The cost, expenses and damages which may be incurred in the purchase or condemnation of said property and in laying, constructing and maintaining said sewer drain pipe shall be raised, collected and paid in the same manner as now provided by laAv for the cost and expenses of opening and maintaining public drains or sewers within the said city. Pro- vided, however, that no costs or charges shall be laid or levied upon owners of abutting property for the construction of said sewer, unless it shall be actually used for drainage purposes by said owners ; and provided further, that the Jessup and Moore Moo^e Paper Paper Company and the Ford Morocco Company shall each Morocco Co. pay the sum of four thousand dollars towards the construction to pay cer- ^ '' of the said sewer, which said sum of eight thousand dollars shall be paid within thirty days after the work of the construc- tion of the said sewer shall be commenced ; and provided fur- ther, that the total cost of the construction of the said sewer shall not exceed the sum of thirty-two thousand dollars. Sec. 4. The council of the said city shall cause to be raised by taxation or otherwise, and paid to the said street and sewer department, such amount as may be necessary for the purposes of this act. Passed at Dover, January 18, 1897. Proviso. Jessup and tain sums. Total cost. Taxes to be collected. ACTS OF THE GENERAL ASSEMBLY. 249 CHAPTER IX. ACTS IX RELATION TO STREETS AND ROADS. Page 1. Act Providing for tlie Es- 18. tablishment of Streets and Grades on Lands 19. Contiguous to the City... 250 2. Act to Regulate the Lay- 20. ing Out of Streets and Roads Within a Half IVIile 21. of Wilmington 253 3. Act Relating to the Open- 22. Ing of Streets to Lay Pipes 254 23. 4. Act in Relation to Gilpin Avenue 255 24. 5. Act to Make a Public Road of a Portion of Wil- 25. mington Turnpike 256 j 26. 6. Act to Allov*/ Part of . j Spruce Street to Remain i 27. Unopened 257 j 7. Act Altering the Direction 28. and Vacating Portions of Certain Streets in Ninth 29. Ward 257 8. Act Creating Robinson Street 262 30. 9. Marsh Road Changed to "Vandever Avenue" 262 31. 10. Act in Relation to D Street 262 32. 11. Act to Authorize the Fur- ther Extension of Monroe ' 33. Street 263 12. Act to Prohibit the Ex- 34. tension of Part of West Street 263 35. 13. Act Vacating Love Lane. 264 14. Act Vacating Parts of 36. Certain Streets 264 15. Act Vacating Part of 37. Water Street 264 16. Act Vacating Part of Madison Street 264 38. 17. Act Vacating Part of Tenth Street 264 i Page Act Vacating Part of Dock Street 264 Act Vacating Part of Washington Street 264 Act Vacating Fifteenth Street 264 Act Vacating Part of Orange Street 264 Act Vacating Part of Fifteenth Street 265 Act Vacating Part of Marsh Road 265 Act Vacating Part of Fifth Street 265 Act Vacating King's Road 265 Act Vacating Part of Kennett Turnpike Road.. 265 Act Vacating Parts of Certain Streets 265 Act Vacating Part of Water Street 265 Act Vacating Wilmington and Christiana Turnpike Road 265 Act Vacating Part of Sixteenth Street 266 Act Vacating Part of Twelfth Street 266 Act Vacating Part of Reed Street 266 Act Vacating Part of Reed Street 266 Act Vacating Part of Dock Street 266 Act to Vacate Part of West Dock Street 267 Act Vacating Part of "G" Street 267 Act Vacating Parts of King, French and Walnut Streets 267 Act Vacating a Portion of Riddle's Road 268 250 ACTS OF THE GENERAL ASSEMBLY. 19 D. L. 408. Owners of lands con- tiguous to Wilmington allowed to lay out streets, grades, etc. How laid out. Approval of plot. Plot, where lodged. 39. Act Vacating Part of Buttonwood Street 269 40. Act to Vacate Brobson's Lane 269 41. Act to Vacate Rockford Page j Page ! Road 270 42. Act Vacating Part of Hawley Street 270 43. Act to Vacate Certain Roads and Streets 271 AN ACT to provide for the estahlisliment of Streets and Grades on lands contiguous to the City of Wilmington. Section 1. That it shall be lawful for the owner or own- ers of any tract of land lying immediately contiguous to the boundary line of the City of Wilmington, as now or hereafter established by law, to lay out such lands in blocks and build- ing lots, with streets conforming to the streets of the City of Wilmington, so far as the extension of such streets beyond the city line would pass through such tract of land ; and the owner or owners of such land may fix the grade of such streets, and the grade so fixed, when approved as hereinafter provided, shall be binding upon all persons thereafter becoming pur- chasers of lots abutting on such streets. («) It shall be the duty of any owner or owners, so laying out a tract of land as afore- said, to make or cause to be made a plot of the' same, designat- ing the blocks by letters or numbers, and the lots in each block by numbers, and designating thereon the size of each lot and the width and grades of each street, and such plot when com- pleted, shall be submitted to the Board of Directors of the Street and Sewer Department of the City of Wilmington, for the approval of said board. Upon the approval of said plot by the said board, and the endorsement of such approval thereon, and the further endorsement of an acknowledgment as herein- after provided, a copy thereof shall be lodged in the ofBce of the Recorder of Deeds (^) in and for New Castle County, and one copy thereof in the office of the Chief Engineer of the City of Wilmington. (a) When persons build they must take notice of grades of streets. Cullen, J.: "If, however, you are satisfied from the proof offered, that the injury sustained was such as was necessarily incident to plaintiff's property by reason of its location when the streets and sidewalks should be brought to the grade then existing, when he purchased this house, of which he was bound to take notice," then he could not recover. Benson vs. Wil., 9 Houst. 359 at 364. (yr. 1893) Clark vs. Wil., 5 Har. 243 (yr. 1849) (6) See Sec. 3, "a" of this act. ACTS OF THE GENERAL ASSEMBLY. 251 Sec. 2. The copies of the plot or plots herein authorized ^^at made to be made shall be upon the best and most durable material ^'^°- used for such purposes, and each shall have written upon it as an original the approval of the said Board of Directors of the Street and Sewer Department and the acknowledgment by the owner or owners before any officer authorized under the laws of this State to take the acknowledgment of deeds. Such ac- knowledgment may be substantially in the following form : State of , County, ss. Be it remembered that on this day of A. D. Acknowledg- 19 — , personallv came before me, A. B., notary public for thementby ^ - ' . owners of State of Delaware (or title of officer taking acknowledgment), land. C. D. and E. F., owners of the land designated on this plot, and severally acknowledged this plot to be their deed, and that they have dedicated such streets, lanes and alleys as are there- on laid out to public use as highways, and have designated the tract of land hereon indicated by the name of (designation of land). Given under my hand and seal of office the day and year aforesaid. The making of such acknowledgment by a married woman, being the wife of any owner, with a private examina- tion in the usual form, shall operate as a relinquishment of dower in the land occupied by said streets, lanes and alleys. In the case of a corporation the acknowledgment shall beknowiedg- adapted to the form prescribed by law for acknowledgment of '"^^ ' deeds by a corporation. Sec. 3. The filing of said plots in the office of the Re- Effect of corder of Deeds, as aforesaid, shall operate as a dedication («) plots'. for public use as highways, by such owner or owners, of all lands designated on said plot as streets, lanes or alleys ; and if at any time hereafter the said tracts of land shall be duly in- corporated in the City of Wilmington by the extension (^) of the boundaries of said city, all such streets, lanes or alleys shall become streets, lanes or alleys of the City of Wilmington, and subject to all laws and ordinances relating thereto, and all 252 ACTS OF THE GENERAL ASSEMBLY. Recording of plots. Fee for re- cording. grades established under this Act shall remain in force until changed under the laws or ordinances of the City of Wilming- ton. (a) The formality above mentioned is not necessary to constitute a dedication. Gilpin, C. J.: " * it maybe done without any formality whatever, and may be made with or without any writing, by any act of the owner, such as laying out a road upon it and throwing it open to public travel, or by platting and selling lots bounded by streets designated on the plat, thereby indicating a clear intention to dedicate such roads or streets to the use of the public as common highways. ' ' Ogle vs. P., W. & B. E. E. Co., 3 Houst. 267 at 272. (yr. 1866) Poole vs. Greer, 6 Penn. 220 at 221. (yr. 1907) ; State" vs. Southard, 6 Penn. 247 at 2.50. (yr. 1907) ; State vs.' Eeybold, 5 Har. 484 at 486. (yr. 1854) ; Johnson vs. Stayton, 5 Har. 448 at 449-50. (yr. 1854) ; Ful- ton vs. Dover, 8 Houst. 78 at 84 and 110-111. (yr. 1888) (&) As to the effect of an extension of boundaries upon land dedi- cated, and that, in such case, condemnation proceedings are unnecessary, see the case of Fulton vs. Dover, 6 Del. Ch. 1 at 14. (yr. 1886) Sec. 4. It shall be the duty of the Recorder of Deeds to cause to be recorded all plots filed under the provisions of this Act, in a book or books to be procured by him for that purpose, and to be paid for as other record books are paid for ; and he shall receive for filing and recording any such plot the sum of five dollars, together with any expense actually and neces- sarilv incurred bv him for recording the same. Plots evi- dence. The original of any such plot, or the record thereof, or a duly certified copy thereof, shall be evidence as in the case of deeds. Service of city en- gineer, how paid for. Sec. 5. If in any case the said Board of Directors of the Street and Sewer Department shall require for their informa- tion any service from the city engineer of said city, or any of his assistants, such ser\nce shall be paid for by the OMoier or owners of the property at such price as shall be fixed bj^ the said Board of Directors of the Street and Sewer Department. Public act. Sec. 6. This Act shall be deemed and taken to be a pub- lic Act. Passed at Dover, April 29, 1891. ACTS OF THE GENERAL ASSEMBLY. 253 ^AN ACT to regulate the laying out of Streets and Boads on (Appe^mx)' lands within one-half mile of the limits of the City of Wilmington. Section 1. That the provisions of an act entitled " An ^^^rter^of ^ act to provide for the establishment of streets and grades on amended. land contiguous to the city of Wilmington, ' ' passed at Dover, April 29, 1891, Chapter 205, Vol. 19, Laws of Delaware, be and the same are hereby extended and made applicable to any and all tracts of land lying outside the boundary line of the city of Wilmington, as now or hereafter extended, but within one-half mile thereof, and it shall be lawful for the owner or ow^ners of any tract of land within one-half mile of said Laying out boundary line to lay out such land in the manner provided in anl^roads said act, and it shall be the duty of such owner or owners so haif^mu "of laying out a tract of land to comply with the provisions of the tl c^nTol-m" aforesaid act. («) wiimn'city. (a) See Sees. 1 and 3 of the act which precedes this act, and the notes thereto. Sec. 2. Should the owner or owners of any tract of land no damages within one-half mile of the boundary line of said city, lay out where sec. i such land contrary to and in violation of the provisions of the violated. above-recited act, and of this act, then in the event of the ex- tension of the limits of the city of Wilmington so as to include such land or lands, it shall be unlawful for any commission ap- pointed for the purpose of opening and condemning streets extended through said tract or tracts of land to award any damages or compensation to any person or persons, for any house, building or structure hereafter placed or erected upon am' ground lying between lines drawn from the building lines of such street or streets, as laid out in the city of Wilmington, to a point or points one-half mile from the limits thereof, in the direction which the said street or streets would take if ex- tended thereto. (<^) (a) See Sec. 116 of the Charter — the last eight lines thereof. 1. This Act was not duly enrolled and signed by the Speakers of the respective branches of the General Assembly, but is published in the Ap- pendix to Vol. 20 Laws of Delaware. 254 ACTS OF THE GENERAL ASSEMBLY. Additional power. 22 D. L. 838. [Sec. 3. Whenever the Board of Directors of the Street and Sewer Department of the City of Wilmington shall, on account of the conformation of the land and the difficulty of securing proper grades in the plotting out of any tract of land lying outside of the boundary line of the City of Wil- mington as now, or hereafter extended, but within one half mile thereof, deem it advisable that such tract of land should not be laid out in conformity with the streets of Wilmington if extended, the said Board of Directors may approve of the plotting of any such tract of land in such manner, as in their judgment will be for the best interests of the said city. Sec. 4. Upon the approval by said Board of Directors of any tract of land so plotted and laid out, the provisions of the act entitled, An Act to provide for the establishment of streets and grades on land contiguous to the City of Wil- mington, Volume 19, Chapter 205, («) Laws of Delaware, shall apply thereto as fully as though the said land had been plotted in conformity to the streets of the City of Wilming- ton if extended thereto.] Passed at Dover, May 6, 1895. (a) The act referred to, immediately precedes this act. 19 D. L. 444. AN ACT relating to Pnhlic Streets and Highways.^ Section 1. No person or corporation shall open or exca- vate the bed of any street or highway of any city, town or vil- lage in this State for the purpose of laying or placing pipes, wires or other conductors therein without first obtaining the consent («) of the duly constituted authorities of such city, town, or village; provided, hoivever, that nothing herein con- tained shall require such consent before opening or excavating the bed of any such street or highway for the purpose of re- opening streets to lay pipes, wires, etc. Proviso. Repairs. 1. Consent of Council * * * or other persons having control over the public roads, highways, streets, &c., required to be obtained before such public roads, highways, streets, &c., are disturbed, opened or dug up. See An Act providing a General Corporation Law. Vol. 22 D. L., p. 758, Sections 99, 101, 102, 104 and 105. ACTS OF THE GENERx\.L ASSEMBLY. 255 pairing any pipes, wires or other conductors theretofore law- full}^ laid or placed in such street or highway. Passed at Dover, May 14, 1891. (a) In 1891 the city restrained one Addicks from tearing up the streets of the city because the consent of the Stret and Sewer Department had not been obtained in accordance with the above section. The bill denied the Oxy-Hydrogen Co. had any legal organization. A demurrer was filed, and as it admitted, as true, what was contained in the bill, it was dismissed. Mayor et al vs. Addicks et al, 7 Del. Ch. 56 at 81. (yi-. 1893) In 1894 a plea was filed. The Chancellor decided the Oxy-Hydrogen Co. was a valid corporation for the purposes of that suit, and the city was permitted to amend its bill. Wilmington vs. Addicks, 8 Del. Ch. 310 at 344. (yr. 1899) (The above section is referred to in the above case on p. 315.) In 1900 the matter came up again on a mandamus against the city. The Court held the consent that had been granted to the corporation was personal, and the corporation could not assign or transfer it to an- other person. Lore, C. J.: "It will be observed by the Charter that the right to open streets, &c., is conferred upon the company only. ' ' Oxy-Hydrogen Co. vs. Simmons et al, 3 Penn. 291 at 293. (yr. 1901) A contractor agreed to do the work for the company, and the Court said: ' ' His right is that of contract with the company, and to be enforced only against the company. * * We are at a loss to see in what way he has acquired rights against" the city, "or what duty" it "owes to him." id. 294. The writ desired to tear up all the streets of the city "where, when, and as its business may make it necessary. ' ' The Court said : * ' This would tie up, for the future, the hands of the Board of Di- rectors of the Street and Sewer Department of the city, and put the streets, health and convenience of the entire city at the mercy of the company," &c., and the Court refused to grant the writ. id. 295. AN ACT in relation to Gilpin Avenue in the City of Wilming-iQ d. l. 424. ton. Section 1. That the Board of Directors of the Street change of and Sewer Department of the City of Wilmington are hereby ^^""^ ^*"®^- authorized and empowered to change and determine the curb lines of Gilpin avenue in said City of Wilmington ; provided, that where curbs shall have been set before any change in the curb lines, as provided for in this Act, the same shall be reset at the expense of the said Board of Directors of the Street expens°e^.^ and Sewer Department. The said Board of Directors of the Street and Sewer Department are further authorized and empowered to define and determine what parts of the said fe^^'^^jons. 256 ACTS OF THE GENERAL ASSEMBLY. Railways prohibited. Encroach- ments on street. Trees and other plants. Gilpin avenue, between the curb and property lines, shall be paved and the width and character of such pavements. Sec. 2. That no passenger, freight, street railway or other track shall be laid on or along said Gilpin avenue, but the roadway of said avenue shall remain and be kept in good condition so as to afford a free and unobstructed passage for carriages, wagons and other vehicles used either for business or pleasure; and provided further, that no door-step, porch, bay, or brick window, cellar door, areaway, or other appurte- nance to any building shall hereafter be erected beyond the building line on said Gilpin avenue. Sec. 3. That the Board of Park Commissioners of the City of Wilmington are hereby authorized to set, sow and take charge of trees, grass and other plants on the unpaved parts of the spaces between the curb lines and the property lines on said Gilpin avenue. Passed at Dover, Mav 5, 1891. 15 D. L. 539. AX ACT to repeal Chapter 64, Volume 4, Delaware Statutes ^ incorporating "The Wilmington Turnpike Company." Portion of Wilmington Turnpike made public road. Proviso. Sec. 2. That the road now used and controlled by the said company, lying partly in the limits of the City of Wil- mington, and partly in the Hundreds of Christiana and Mill Creek, in New Castle County, is hereby declared to be a public road and highway, and as such shall be niaintained, repaired, managed and controlled as other roads and streets now are in said hundreds and city, respectively; provided, that the Levy Court of said county may maintain such of the bridges on said road as it may deem proper. Passed at Dover, February 9, 1877. ACTS OF THE GENERAL ASSEMBLY. 257 AN ACT to authorize The Mayor and Council of Wilmington '^'^^- ^- i^s. to contract with the Philadelphia, Wilmington and Balti- more Railroad Company in regard to a portion of Spruce street in the City of Wilmington. Section 1. That -it shall and may be lawful for The Authoiity to nr -I r^ 'IP -t-iT'i • ... contract with Mayor and Council oi Wilmington, a corporation existing un- p., w. & b. der the laws of this State, and it is hereby authorized and em- to open powdered to contract and agree with the Philadelphia, Wil- between mington and Baltimore Railroad Company, also a corporation Fourth streets foi' created by the laws of this State, on terms and conditions to be ten years. agreed upon by the contracting parties, and thereby legally bind said corporation, The Mayor and Council of Wilmington, and its successors, not to open or cause to be opened, a certain street called Spruce street, w^ithin its corporate limits, between Third and Fourth streets, as a thoroughfare or public street for a period of ten years from the date of any such contract or agreement. Sec. 2. That it shall and may be law^ful for the said cor- Authority to poration, "The Mayor and Council of Wilmington" and its IracMor 50 successors, and it is hereby authorized and empowered to re- ^*^^''^- new from time to time any contract or agreement, so entered into by parties, corporations named in Section 1 of this Act as the same may expire, the said power of renewal to continue in and be exercised by the said corporation. The Mayor and Council of Wilmington, for a period of fifty years from the passage of this Act, and no longer. Passed at Dover, March 2, 1871. AN ACT to alter the direction of and to vacate portions of certain streets in the Ninth Ward of the City of Wil- mington. Section 1. That the present courses and directions of courses of portions of certain streets hereinafter named, intersected by streets'ai- a new street called the Boulevard, recently laid out in the Ninth Ward of the City of Wilmington, be and the same are hereby altered as follows : tered. 258 ACTS OF THE GENERAL ASSEMBLY. Nineteenth street, east. Nineteenth street, east. The new course and direction of Nineteenth street lying east of the Boulevard and imme- diately contiguous thereto shall hereafter be as follows, to wit: New course. Beginning at a point in the centre line of the Boulevard (275) two hundred and seventy-five feet northerly from the centre stone at the intersection of Eighteenth street and the Boulevard ; thence southeasterly at right angles to the cen- tre line of the Boulevard until this centre line intersects the centre line of Nineteenth street as at present laid out. Width. That part of Nineteenth street thus laid out shall be fifty •feet wide, measured at right angles to the centre line of said street. Nineteenth street, west. Nineteenth street, west. The new course and direction of Nineteenth street lying west of the Boulevard and imme- diately contiguous thereto shall hereafter be as follows, to wit: New coui'se. Width. Twentieth street, east. New course. Beginning at a point in the centre line of the Boulevard (450) four hundred and fifty feet northerly from the centre stone at the intersection of Eighteenth street and the Boule- vard ; thence northwesterly at right angles to the centre line of the Boulevard until this centre line intersects the centre line of Nineteenth street as at present laid out. That part of Nineteenth street thus laid out shall be fifty feet wide, measured at right angles to the centre line of said street. Twentieth street, east. The new course and direction of Twentieth street lying east of the Boulevard and immediate- ly contiguous thereto shall hereafter be as follows, to wit: Beginning at the centre stone where the centre line of Madison street intersects the centre line of Twentieth street as at present laid out ; thence northwesterly in a line drawn at right angles to the centre line of the Boulevard until said Twentieth street intersects the centre line of the Boulevard. ACTS OF THE GENERAL ASSEMBLY. 259 That part of Twentieth street thus laid out shall be fifty width, feet wide, measured at right angles to the centre line of said street. Twentieth street, west. The new course and direction of Twentieth Twentieth street, lying west of the Boulevard and immedi- ately contiguous thereto shall hereafter be as follows, to wit : Beginning at the centre stone where the centre line of New course. Monroe street intersects the centre line of Twentieth street ; thence southeasterly in a line drawn at right angles to the centre line of the Boulevard until the said Twentieth street int-ersects the centre line of the Boulevard. That part of Twentieth street thus laid out shall be sixty width, feet wide, measured at right angles to the centre line of said street. Twenty-first street, east. The new course and direction Twenty-first street, east. of Twenty-first, street lying east of the Boulevard and imme- diately contiguous thereto shall hereafter be as follows, to wit: Beginning at a point in the centre line of the Boulevard, New course. (960) nine hundred and sixty feet northerly from the centre stone at the intersection of Eighteenth street and the Boule- vard ; thence southeasterly at right angles to the centre line of the Boulevard, until this centre line intersects the centre line of Twenty-first street as at present laid out. That part of Twenty-first street thus laid out shall be width, fifty feet wide, measured at right a'ngles to the centre line of said street. Twenty-first street, west. The new course and direction ^ . « * "^ ' Twenty-first of Twenty-first street lying W' est of the Boulevard and im- street, west. mediately contiguous thereto shall hereafter be as follows, to wit: Beginning at a point in the centre line of the Boulevard New course. (1190) eleven hundred and ninety feet northerly from the 260 ACTS OP THE GENERAL ASSEMBLY. Width. centre stone at the intersection of Eighteenth street and the Boulevard ; thence northwesterly at right angles to the centre line of the Boulevard until this centre line intersects the centre line of Twenty-first street as at present laid out. That part of Twenty-first street thus laid out shall be fifty feet wide, measured at right angles to the centre line of said street. Twenty-sec- ond street, east. Twenty-second street, east. The new course and direction of Twenty-second street Ij'ing east of the Boulevard and im- mediately contiguous thereto shall hereafter be as follows, to wit: New course. Beginning at the centre stone where the centre line of Monroe street intellects the centre line of Twenty-second street ; thence northwesterly in a line drawn at right angles to the centre line of the Boulevard, until the said Twenty-second street intersects the centre line of the Boulevard. ■Width. That part of Twenty-second street thus laid out shall be sixty feet wide, measured at right angles to the centre line of said street. Twenty-sec- TAveuty-sccoud street, west. The new course and direc- west. ' tion of Twenty-second street lying west of the Boulevard and immediately contiguous thereto shall hereafter be as follows, to wit: New course. Beginning at the centre stone where the centre line of Wooddale avenue intersects the centre line of Twenty-second street; thence southeasterly in a line drawn at right angles to the centre line of the Boulevard until the said Twenty-second street intersects the centre line of the Boulevard. Width. That part of Twenty-second street thus laid out shall be sixty feet wide, measured at right angles to the centre line of said street. Twenty- Twcntv-third street, east. The new course and direction third street, "^ ' . n i t^ i -i t • east. of Twenty-thn-d street lying east of the Boulevard and im- ACTS OF THE GENERAL ASSEMBLY. 261 mediately contiguous thereto shall hereafter be as follows, to wit: Beginning at a point in the centre line of the Boulevard, New course. (1760) seventeen hundred and sixty feet northerly from the centre stone at the intersection of Eighteenth street and the Boulevard; thence southeasterly at right angles to the centre line of the Boulevard until this centre line intersects the centre line of Twenty-third street as at present laid out. That part of Twenty -third street thus laid out shall be width. fifty feet wide, measured at right angles to the centre line of said street. Twenty-third street, west. The new course and direction Twenty- of Twenty-third street lying west of the Boulevard and im- west. mediately contiguous thereto shall hereafter be as follows, to wit: Beginning at a point in the centre line of the Boulevard ^^'^ course. (1960) nineteen hundred and sixty feet northerly from the centre stone at the intersection of Eighteenth street and the Boulevard; thence northwesterly at right angles to the centre line of the Boulevard until this centre line intersects the centre line of Twenty -third street, as* at present laid out. That part of Twenty-third street thus laid out shall be ^y^^^^^ fifty feet wide, measured at right angles to the centre line of said street. Wooddale avenue, east. The new course and direction of wooddaie Wooddale avenue lying east of the Boulevard and immedi- ately contiguous thereto shall hereafter be as follows, to wit : Beginning at the intersection of the centre line of Wood- New course. dale avenue with the centre line of Elliott^ avenue thence westerly and at right angles to the centre line of Elliott^ ave- nue until the said Wooddale avenue intersects the centre line of the Boulevard. That part of Wooddale avenue thus laid out shall be sixty width. 262 ACTS OF THE GENERAL ASSEMBLY. feet wide, measured at right angles to the centre line of said avenue. Certain parts Sec. 2. That Madison street, between Eighteenth street streets va- and Twentv-first street ; Monroe street, hetween Twentieth street and Twentj'-second street; Wooddale avenue, between Twenty-second street and Elliott avenue, and Twenty-fourth street, between Elliott avenue and Park lane, as at present laid out, be and the same are hereby vacated. Sec. 3. That all Acts and parts of Acts inconsistent here- with be and the same are hereby repealed. Passed at Dover, April 28, 1893. 10 D. L. 362. Robinson street, from Poplar street to Church street, laid doAvn in the citj' plot as one of the city streets, at forty feet wide, at one hundred and sixty-seven feet eight inches south of Third street, and one hundred and sixty-seven feet eight inches north of Second street, by act February 24, 1849. 13 D. L. 58-9. Name of the Marsh road in Brandywine Hundred, run- ning from the Wilming-ton and Philadelphia Turnpike road to Shellpot Dam in Cherry Island Marsh, changed to "Vandever Avenue," January 18, 1866. 20 D. L. 158. ^^ ACT i)i relation to "D" Street in the City of Wilmington. Change in SECTION 1. That " D " street in the City of Wilmington by streeT* shall be sixty feet wide from Market street causeway to Chris- D^pSm^ent tiana avenue, with the centre line of said street parallel to and made valid. ^^ ^^^ distance of four hundred and seventy :feet southerly from the centre line of "C" street. Sec. 2. That this act shall be deemed and taken to be a public act and all acts and parts of acts inconsistent herewith are hereby repealed. Passed at Dover, April 13, 1895. ACTS OF THE GENERAL ASSEMBLY. 263 AN ACT to authorize the "Street and Sewer Department" of ^^^- ^- ^'^^• the City of Wilmington, State of Delaware, to further ex- tend and open Eleventh street in said city from Madison street to Adams street, and Monroe street in said city from Tenth street to Delaware avenue. Section 1. It shall be lawful for the "Street and Sewer Department ' ' for said City of Wilmington, by a vote of two- Eleventh thirds of the Board of Directors thereof for the time being, further to extend Eleventh street, as laid down upon the map, plan or ground plot of said city from Madison street to Adams street. Sec. 2. It shall be lawful for the "Street and Sewer De- partment" for said City of Wilmington, by a vote of two- thirds of the Board of Directors thereof for the time being, further to extend Monroe street as laid down upon the map, Monroe plan, or ground plot of said city, from Tenth street to Dela- ware avenue. Sec. 3. All Acts or parts of Acts inconsistent herewith are hereby repealed. , Passed at Dover, March 13, 1889. AN ACT to further amend the Charter of the City of Wil- ' ' -^ ' 15 D. L. 563. mington. Sec. 26. That it shall not be within the power of the City Council of the said City of Wilmington to open and ex- part of west tend West street in the direction of the Christiana river, fur- hib!fe(L^°' ther than its present terminus, as laid down and fixed by the ground plot or map of the said city, to wit : The line of an old street, now vacated, called Dock street, or beyond a point in said West street, in the direction of the said Christiana river, distant five hundred and twelve feet from. the centre stone at the intersection of Front and West streets. Passed at Dover, March 21. 1877. 264 ACTS OF THE GENERAL ASSEMBLY. lOD. L. 258. By an Act entitled "A further supplement to the Act entitled 'An additional supplement to the Act to alter and re-establish the charter of the Borough of Wilmington,' " passed at Dover, January 31st, 1849, the City Council au- thorized to vacate an old road or street, commencing at Washington street and running to the city line on the west, commonly known as Love Lane and Willing street. 10 D. L. 497. Eleventh street, between Jefferson street and the city line on the west; Monroe street, between Tenth street and the Delaware avenue; and Wilmington avenue, between Front and Fourth streets, vacated February 14, 1851. lOD.L. 633-4. By Act of February 4th, 1852, Water street, between Poplar street and the Christiana river, vacated. 11 D. L. 26. Part of Madison street, vacated February 3, 1853. Note. — This Act confirms an ordinance vacating Twelfth street, from Madison street to line of the Wilmington and Brandywine cemetery. 11 D. L. 144. Tenth street, between the westerly side of Tatnall street and easterly side of West street, vacated January 12, 1855. 11 D. L. 145. Dock street, from Thorn street to the P., W. & B. R. R., vacated Januarv 12, 1855. 11 D. L. 161. Washington street, between Front street and the P., W. & B. R. R., vacated January 17, 1855. 11 D. L. 735. Fifteenth street, vacated February 24. 1859. 11 D. L. 198. Orange street, between Fourteenth street and Brandy- wine creek, vacated February 10, 1855. Note.— Right to city reserved to have and maintain a trunk or sewer trunk or gutter along line of Orange street, through lands of Rt. Rev. Al- fred Lee. to carry water from Orange and Fourteenth streets to Brandy- wine creek. See Sec. 1 of Act. ACTS OF THE GENERAL ASSEMBLY, 265 Fifteenth street, between Market street and Tatnall 12 d. l. 46. street, vacated February 14, 1861. Townsend or Marsh road, between westerly side of 1^ d. l. 242. Heald street and northerly side of Lobdell street, vacated March 23, 1871. Fifth street, between P., W. & B. R. R. and low water 14 d. l. 569. mark on the Christiana river, vacated March 18, 1873. Note. — This Act confirms an ordinance, and reserves the right to lay a sewer. See ordinance, March 7, 1873. Kings road or Old Ferry road, vacated January 29, J^ g; ^; HI' 14 d! l! 658! 20 D. L. 685. 1847 ; March 28, 1871, and April 9, 1873, and May 19, 1897. i* d. l. 658. Kennett Turnpike road within city limits, and Miller lane 12 d. l. 624. or Gilpin lane, vacated March 15, 1865. Walnut street, between Water street and Front street ; 15 d. l. 541. and Spruce street, between Robinson street and Front street ; and Second street, between Pine street and Church street, vacated March 8, 1877. Note. — These streets were vacated for depot purposes of P., W. & B. R. R. Company. Water street, between easterly building line of French 16 d. l. 670. street and westerly building line of Poplar street; and be- tween the northerly curb line and the northerly building line of said Water street, vacated February 10, 1881. Note. — This street vacated for depot purposes of P.. W. & B. R. R. Companj'. Wilmington and Christiana turnpike road within the 27 £, ^ 399 limits of the Citj^ of Wilmington, (Maryland avenue,) va- cated and made a public highway or street February 9, 1883. 266 ACTS OP THE GENERAL ASSEMBLY, 17 D. L. 403. Sixteenth street, from Scott street to DnPont street, and Fourteenth street to Delaware avenue, vacated April 19, 1883. Note. — This street was vacated for depot purposes for the Baltimore and Philadelphia R. R. Company with the proviso that the depot should be erected in whole or in part before May 1, 1886. 17 D. L. 886, Right to open Twelfth street, between the westerly side of Jackson street and the easterly side of Clayton street, pro- hibited ; and all rights of The Mayor and Council of Wilming- ton therein for street purposes extinguished April 8, 1885, 12 D. L. 480, Eeed street, from Wilmington and Christiana Turnpike to ^lonroe street, vacated August 16, 1864. Note. — This is an act confirming- an ordinance. 1'^- ^^s^-- Reed street, from the easterlv side of ]\Iarvland avenue to vacated April 14, 1885. the westerly side of Madison street, and extending in width from the northerly building line of said Reed street, to within four feet from the northerly curb line of said street. Portion of [And all that portion of the said Reed street from the "Rppf] street vacated. westerly side of Monroe street to the easterly side of Adams street. That within ten secular days after the passage of this act the firm of F, Blumenthal & Co. shall pay to the INIayor and Council of Wilmington the sum of two thousand (2000) dollars indemnitv for the vacation of Reed street in the City Indemnity -ttt-i • -r^ i o i • t p -i\/r to city. of W ilmmgton, Delaware, from the westerly side oi Monroe street to the easterly side of Adams street. That the Street and Sewer Department and Water Department or their suc- cessors shall at all times have access to the vacated part of Access to va- o -, • ■, • • • cated street. Reed street referred to in this act, to examine, inspect or re- pair the respective property under their jurisdiction.] Passed at Dover, JMay 12, 1897. 20 D. L. 679. 17 D. L. 868. Dock strcct from west side of Orange street to east side of Thorn street, vacated February 24. 1885. ACTS OF THE GENERAL ASSEMBLY. 267 A SUPPLEMENT to Chapter 14.7 of Volume 11 of the Laws __ of Delaware. Section 1. That West Dock street, sometimes called g^rto^f west Dock street, as now or at any time heretofore laid down on vacated, the map or plan of the City of Wilmington, so far as the same extends from the southeasterly side of Maryland avenue east- wardly to the Philadelphia, Wilmington and Baltimore Rail- road, be and the same is hereby vacated ; and all provisions of law or of the ordinances of said city, so far as the same are inconsistent with this Act, are hereby repealed. Passed at Dover, April 11, 1889. AN ACT vacating certain lands in the City of Wilmington, isd. l. 895. Section 1. That all part of Christiana avenue or Cfp^^^^^^ street which was conveyed to The Mayor and Council of Wil- street va- mington by Lucas Alrich and Mary M., his wife, by deed of indenture bearing date July 26th, 1871, and recorded in the Recorder's Office at Wilmington, in and for New Castle County, in Deed Record Q, Vol. 9, page 407, &c. (and which said covenants was made for public use as a part of the bed of Christiana avenue or G street as a public highway for- ever), be and the same is hereby vacated as a public high- way and for any public purpose whatsoever. Sec. 2. That the Mayor and Council of Wilmington is Deeds, hereby authorized and directed through its proper officers to make, execute and deliver such deed or deeds or other as- surances in the law as may be found to be necessary for the carrying into effect of the intents and purposes of this Act ^^^ ^^^ and that Chapter 189, Volume 18 of the Laws of Delaware, voi is, re- so far as the same relates to said City of Wilmington be and the same is hereby repealed and rendered void. Passed at Dover, April 26, 1889. AN ACT to vacate parts of King, French and Walnut streets, i9 d- l- -toe. in the City of Wilmington. Parts of cer Section 1. That all part of King street which lies south ^^'jye^cffy^ of C street, all that part of French street which lies south of ^on^,a^a"ed 268 ACTS OF THE GENERAL ASSEMBLY. D street, and all that part of Walnut street which lies south of E street, in the City of Wilmington, be and the same are hereby vacated, and the person or persons through whose lands the parts of said streets so vacated run or pass are Enclosure, hereby authorized to enclose and hold the same. Passed at Dover, April 1, 1891. 19 D. L. 407. AN ACT to vacate a portion of an Old Road in the City of Wilmington. Preamble. Whereas it lias been represented to this General Assem- bly that so much of what was formerly an old road in the city of Wllming-ton, known as Riddle's road, lying between the point where it intersected the westerly side of DuPont street, between Gilpin and Shallcross avenues, and the point where, after crossing Shallcross and Lovering avenues and Wawaset street, it intersects the easterly side of Scott street north of Wawaset street, in said city, has not for some time been used or needed as a roadway by reason of the opening and paving of Scott street and other adjacent streets and avenues ; And whereas it is further represented that the parties claiming the fee simple to the land formerly used as a road- way have conveyed portions thereof to owners of land abut- ting on the line of said old road and are desirous of conveying their interest in the remaining portions of said old roadway, therefore Riddle's road SECTION 1. That SO much of that tract of land in the City in Wilming- -r.- i n T ton vacated, gf Wilmington, formerly used as a road and known as Riddle s road, as lies between the point of its intersection with the westerly side of DuPont street, between Gilpin and Shallcross avenues, and the point of its intersection with the easterly side of Scott street north of Wawaset street, be and the same is hereby vacated, and the same may be enclosed or occupied by any person or persons to whom conveyances have been or may hereafter be made by the heir-at-law of Leander F. Riddle, de- ceased, who was the devisee of James Riddle, deceased, who claims to be entitled to the land so occupied by said road. ACTS OP THE GENERAL ASSEMBLY. 269 Sec. 2. This Act shall be deemed and taken to be a public Public act. Act, and all Acts and parts of Acts inconsistent herewith are hereby repealed. Passed at Dover, April 17, 1891. AN ACT to vacate a portion of Buttonwood Street in the City of Wilmi)tgtoii. Section 1. For the purpose of allowing the Wilmington ^.^^.^.g^jj^ p^^j.^. Malleable Iron Company to enlarge and extend its buildings ^ood-street on Buttonwood street in the City of Wilmington ; so much of vacated. said Buttonwood street as lies betw^een the northerly building line of Taylor street and the southerly building line of Ninth street is hereby vacated; and the Wilmington Malleable Iron Company is hereby authorized to enclose and build upon the ^Ht^°^^ji^^'gt_° same ; provided, that upon the failure of the Wilmington Mai- *^"- leable Iron Company, its successors or assigns, within three ^'^°'^'^°- months after the passage of this Act to use and occupy said Buttonwood street for the purposes herein mentioned then said Act to be void and of no effect ; and provided also, that further whenever the said Wilmington ]\Ialleable Iron Company, its proviso. successors or assigns, shall cease to occupy and use the build- ings erected upon said Buttonwood street for business pur- poses then this Act to be void and of no effect and the said street shall be opened by the Board of Directors of the Street and Sewer Department for public travel. Sec. 2. All Acts or parts of Acts inconsistent herewith are hereby repealed. Passed at Dover, April 19, 1893. AN ACT to vacate Brohson's Lane in the City of ^Yibnington. ********** 20 D. L. 161. Section 1. That a lane situated in the City of Wilming- grobson's ton extending from Pennsjdvania avenue to Eleventh street {.^'Jl^t^^^® and known as Brobson's lane shall be vacated when Scott J:[^|^|.^^°" street extending from Pennsylvania avenue to Eleventh street opened. in said city shall be opened and free for travel. 270 ACTS OF THE GENERAL ASSEMBLY. Owners of adjacent land to en- close same. Sec. 2. The lane when vacated shall belong to and be- come the property of the respective owners of real estate ad- jacnt thereto, each of the said owners having respectively the ownership therein the width of his front to the middle line of said lane. Passed at Dover, April 27, 1895. 20 D. L. 665. ^Y ^^rjT ^^ ^^acate the Eockford or Bancroft Road in the City of Wilmington. Road vacated. When. Damages to adjacent owners for vacating road. Section 1. That the road situated in the City of Wil- mington and known as the Rockford or Bancroft road, extend- ing from Delaware avenue to Pennsylvania avenue, shall be vacated when and as the adjacent and corresponding parts of Wopdlawn avenue shall be declared by the board of directors of the street and sewer department open for travel. [Provided, that the owner or owners of all lands abutting on said Rockford or Bancroft road shall be allowed compen- sation for damages incurred by reason of such vacating or closing of said Rockford or Bancroft road; such damages to Act of May be determined, assessed and paid in the same manner in all re- D.' L. 666. ^ spects as is now provided by law for the assessment and pay- ment of damages incurred by the opening of new streets in the City of Wilmington.] Adjacent Sec. 2. That the land of said road as it shall be vacated owners may enclose land, shall be or bccome the property of the respective owners of real estate bordering thereon, each of the said owners to have respectively ownership therein the width of his front to the middle of said road. Passed at Dover, March 10, 1897. 20 D. L. 688. ji^T jicT to vacate a portion of Hawley Street, in the City of Wilmington. ^ # # ^ Hawie"°^ Section 1. That all that portion of Hawley street, as vacated ^^^^ down Oil the maps of the City of Wilmington, shall be va- ACTS OF THE GENERAL ASSEMBLY. 271 cated at the point or points where said Hawley street is crossed by the Baltimore and Philadelphia Railroad Company whenever and as soon as a bridge shall have been built and '^'^'hen opened for travel, crossing the said railroad at a point on the line of Fourth street. Passed at Dover, May 21, 1897. AN ACT to vacate certain Roads and Streets in the City of ^^ ^- ^- ^^"• Wilmington. ^ ^ ^ ^ ^ ')^ ^'? ^ ^c '^ ^ Section 1. That those parts or portions of "The Town- •P°'^*|^°'^ °^ send Road" commencing at its intersection with' the westerly ^^"j.®^^ '^■^" side of Buttonwood street and Lobdell street, and extending -in a westerly direction to its intersection with Market street at "A" street excepting such portion of said road as may be within the lines of "2I" street as laid out on the plans of Wil- mington, be and the same is hereby vacated, and the owners of a<5acent°^ the fee of the land over which or through which the said road enciose^same hereby vacated runs or passes, are hereby authorized to en- close and hold the same; provided, that no portion of the said ^^'°'^'*^°- road hereby vacated shall be closed until "A" street shall be opened for public travel. Sec. 2. That Duncan avenue, extending from "G" street Duncan avenue to the Christiana River, be and the same is hereby vacated, vacated. and the owners of the fee of the land over which or through ,.,,., , Owners of which the said avenue herebv vacated runs or passes are here- adjacent by authorized to enclose and hold the same. enclose same. Sec. 3. That " G " street from its intersection with Chris- portion of tiana avenue easterly toward the Delaware River, be and the vS^ated^^^ same is hereby vacated, and the owners of the fee of the land over which or through which the said road hereby vacated adjacent°^ runs or passes are hereby authorized to enclose and hold the lfn"fose^s^ame. same. Passed at Dover, April 13, 1895. 272 ACTS OF THE GENERAL ASSEMBLY. CHAPTER X. ACTS IN RELATION TO REGISTRATION OF VOTERS. Page Page Act to Provide for the Registration of Voters in the City of Wilmington... 272 Act Providing for a Uni- form System of Registra- tion of All Qualified Vot- ers in This State 301 Act IVIatcing it Unneces- sary to enter "Color" or "Age," in "Registers".... 326 Act Striking Out of Sec- tion 4 of Article V of the Constitution All Thereof Requiring the Payment of Act Concerning the Ap- Money as a Qualification pointment of Registration Officers and the Prepara- tion and Delivery of Regis- tration Books 323 to Register 327 Act Making it Unnecessary to Pay a Registration Fee as a Qualification to Vote. 327 AN ACT to provide for the Registration of Voters in the City of Wilmington. («) (o) Lore, C. J.: "The purpose of this statute is to secure the purity of elections, and to ascertain and enforce the honest will of the people as expressed by the ballot. ' ' State vs. Brand, 2 Marv. 459 at 460. (yr. 1897) Section i.i ******** Sfp o2* * * * * * # * * [Each member of the Department of Elections shall receive as compensation for his services in any year in which there is 1. This section referred to general registration of voters. It is sup- plied by Act of May 27, 1898. 21 D. L. 69, p. 301 this volume. The revision of registration, also referred to in this section, is sup- plied by Act of March 24. 1903, 22 D. L. p. 593, Sec. 1. p. 352 this volume. (This Act amends Sec. 18 of the Act of May 27, 1897. 20 D. L. p. 375, gen- erally known as the Primary Election Law.) p. 352 this volume. 2. This section referred to the appointment of a Department of Elections. — the term of office, oath, duties, powers. &c. It is supplied by the following Acts: Act May 20. 1898, 21 D. L. p. 139. Sees. 1 and 2, pp.329-330 this volume; two Acts of June 1, 1898, 21 D. L. pp. 94 and 146, pp. 337-338 this volume; Act Mar. 8, 1901, 22 D. L. p. 117, p. 338 this volume; Act of Mar. 9. 1907, 24 D. L. p. 153. p. 341 this volume; see also Sec. 2 et seq of this Act of May 13 tSP^' 19 D- L- 128. printed in the Appendix. ACTS OP THE GENERAL ASSEMBLY. 273 held a general or special election, a salary of five hundred dol- lars to be paid as hereinafter provided. And each of the said members shall receive from the City of Wilmington as com- pensation for his services in any year in which there is held a municipal election, a salary of five hundred dollars, payable as other municipal election expenses are paid.]^ Sec. 3. The duties of the members of the Department of g^J^J^^^^^j^t Elections shall be as follows : of Elections. -12* * * * * * * * * * 2. They shall designate and appoint a place of registry ^^^9^^^^, and polling place in each election district in the city,'^ * * and the said Department of Elections shall hire* all such places and cause the same to be fitted up, warmed, lighted and ^^^^i^^lf^j. cleaned, but in such election district such place shall be in the registration, most public, orderly and convenient portion of the district, and no building or part of a building shall be desig-nated or used as a place of registry or polling place in which, or in any part of which, spirituous or intoxicating liquor is or has been jj^toxicating sold within sixty days next preceding the time of using the liquors. same. 3.^ * 4 They shall prepare and furnish all necessary * * * Sfnvlntences books, * * * forms, oaths, certificates, blanks and in- ^^^ supplies, 1. See Act April 6, 1893. 19 D. L. p. 985, Sec. 6, p. 399 of this volume. 2. This section referred to the division of the city into election dis- tricts. It has been supplied by Act May 20. 1898. 21 D. L. p. 140, Sec. 3, Part I. p. 331 this volume. See also Act of June 1. 1898. 21 D. L. p. 146. pp. 337-8 this volume, and Act of June 1, 1898. 21 D. L. p. 94. p. 137 this volume. 3. The provision in this section relating to the giving of notice of the time of registration is supplied by Act of May 27, 1898, 21 D. L. p. 69, Sec. 2. paragraph 2, p. 302 this volume. See also Act June 1. 1898. 21 D. L. p. 94, p. 337 this volume as to places of holding elections. See also same Act p. 114. Sec 8 as to notice of time and place of holding elections. The rest of the section has been treated as obsolete, it being presumed that the Act of May 27, 1898, above mentioned, has supplied the whole section, 4. The Levy Court pays the expenses incurred by this hiring. See Act May 27, 1898, 21 D. L. p. 86. Sec. 21, Part V, p. 318 this volume. 5. This section referred to the preparation of books known as "regis- ters." The Governor does this now. See Act May 20, 1898, 21 D. L. p. 66, Sec. 3, p. 323 this volume. 274 ACTS OF THE GENERAL ASSEMBLY. structions for the use of the inspectors of election, provide for the furnishing" of such officers therewith and with all neces- sary supplies, and also a copy of this law for their guidance.^ Power to 5. They shall have power to dismiss any election officer dismiss elec- . -^ . '' tion officers, at any time and supply his place with another person.^ They May employ may also employ a clerk and such other assistants as in the clerks and ■ t a assistants, judgment of the members of said department shall be neces- sary and proper for the faithful performance by the depart- Proviso. ment of the duties by this Act imposed ; provided, the expense thereof shall not exceed fifteen hundred dollars in any one year, which said sum shall not include the compensation of members of the Department of Elections, inspectors, and poll clerks, to be paid as provided in this Act.^ C 4 * * * * * # # # * * Election ma- '<• They shall furnish the inspectors of election in each furnfshed! ^^ election district with the hereinafter named election ma- . chinery : (\ r -l!* jf, M, M. ju Ak ^ ^ ^ 4!> y^\t(^c ^ -SP W ^ ■?? -«• iff ^ ^ 1. The Registrars keep the Registers, Books of Registered Voters and registration certificates and all other papers relating to the registration of voters. Act of May 27, 1898, 21 D. L,. pp. 83-84. Sec. 17 and 19. pp. 316 and 317 this volume. The Inspector of Elections does the same, and keeps all oaths, affirmations, &c., until day after election, when the same are re- turned to Clerk of Peace. Act June 1, 1898, 21 D. L. p. 132, Sec. 29. 2. As to general power of appointment and dismissal of election of- ficers see Act June 1. 1898, 21 D. L. p. 146, p. 337 this volume. 3. For similar powers, practically supplying the above sections, see Act May 20, 1898, 21 D. L. p. 140. Sec. 3. Part II. p. 331 this volume. This Act also refers to registration officers. 4. This section gave the Department of Elections power to make in- quiries as to deaths of persons, and to have copies of same made, and to have certain entries relative thereto, made in the "Registers." The Act of May 20, 1898, 21 D. L. p. 66, Sec. 3, and the Act of May 27, 1898, 21 D. L. p. 70, Sec. 4 et seq (pp. 323 and 303 of this volume) provide for the en- tries to be made in the Registers, and they contain no reference to what is mentioned in the above section, and the forms and blanks to be used, could not include what is mentioned in said section. 5. The above referred to ballot boxes, and is supplied by Act of June 1, 1898, 21 D. L. at p. 109, Sec. 4. ACTS OF THE GENERAL ASSEMBLY. 275 /TjNi* * * * * * * * * *To appoint ^ ^^ inspectors and fill va- 8. They shall, hereafter, appoint all inspectors of elec- tions * * * * #2 ^jj g^^(j gj^y^ j^jj^ shall also make all necessary removals and transfers of election of- ficers and fill all vacancies which from any cause may occur." Every person so selected to be an election inspector shall, on receipt of notice thereof, appear within ten daj's thereafter be- fore said department for the purpose of examination, and if Examination found qualified shall, unless excused by the department by cation"^ ' reason of ill-health or other good and sufficient cause, be bound to serve as such officer at every registration and election for the term for which he is appointed, and shall take the follow- ing oath of office, which oath may be administered by any member of the Department of Elections :^ I, residing at No. ■ — in the City Jmcl''^ of AVilmington, do solemnly sw^ear (or affirm) that I will sup- port the Constitution of the United States and of the State of Delaware, and that I will faithfully discharge the duties of the office of inspector of election for the election dis- trict of the ward of the City of Wilmington, ac- cording to the best of my ability, («) and that I am a citizen of the United States and of the State of Delaware, a qualified voter in the City of Wilmington and not a candidate for any office 1. The above referred to tax receipts and stamps. Article V, Sec. 4, par. 3 of the Constitution 1897 provides that one should vote by paying a registration fee of $1. This registration fee is now abolished. See Act March 30. 1905, 23 D. L. p. 11, p. 327 this volume, and Act March 4. 1907, 24 D. L. p. 146. p. 327 this volume. 2. The part omitted related to the appointment of clerks. The Judges of Election appoint them, now. Act June 1. 1S9S. 21 D. L. p. 116, Sec. 13. 3. For general powers to appoint election officers, etc.. see Act June 1, 1898, 21 D. L. p. 146, p. 337 this volume. 4. This section referred to the appointment of "election," meaning registration, officers. It is supplied by Act of May 20, 1898, 21 D. L. p. 141, Sec. 3, Part IV, p. 332 this volume. The Act of June 1, 1898, 21 D. L. p. 146 (p. 337 this volume) gives the Department of Elections power to ap- point and remove all election officers. 5. See Act May 20, 1898, 21 D. L. at p. 143. Sec. 4. p. 335 of this vol. 276 ACTS OF THE GENERAL ASSEMBLY. Penalty for neglect or refusal to comply with require- ments. What shall constitute refusal un- der this Act. Certificate of appoint- ment. Term of office. Removal. to be voted for by the electors of the district for which I am appointed. (a) This oath, to where the note is made, is verbatim, like the one prescribed in Art. 14 of the Constitution of 1897. In the case below cited, it was contended that the constitutional oath was the only oath that was necessary to be taken. The Court, without deciding the matter, admitted in evidence the primary election oath, which was then before the Court, and the subject of argument. State vs. Matlack et al, 5 Penn. 401 at 420. (yr. 1905) (See p. 345 of this volume.) In case of refusal or neglect on the part of any person so selected to be an election inspector to comply with the above requirements, or to serve, or to act, he shall be liable to a penalty of two hundred dollars,^ recoverable by said depart- ment by civil action in any court of record in the name of the "President of the Department of Elections of the City of Wil- mington," and for the use and benefit of New Castle County; and the failure on the part of any such person to present him- self for examination within the time prescribed or to comply with any of the requirements of this Act preliminary to receiv- ing his certificate of appointment, -or to attend on the day of any registration or the day of any election during his term, unless prevented by sickness or other sufficient cause, the bur- den of proof of which shall be upon the delinquent, shall be deemed a refusal Avithin the meaning of this Act. The Depart- ment of Elections shall deliver a certificate of appointment to whomsoever shall be nominated, approved and sworn into of- fice by it as an inspector of elections, said certificate to be in such form as shall be prescribed by such Department of Elec- tions, specifying the election district in and for which the per- son to whom the same is issued is appointed to serve, and the date of the expiration of his term of office. The inspectors of elections appointed under the provisions of this Act shall re- spectively hold office for the term of two years unless sooner removed for want of requisite qualifications, or for cause; in either of which cases such removal, unless made while the in- spectors are actually on duty on a day of registration or elec- tion and for improper conduct as an election officer, shall only 1. See above Act, Sec. 4, and also Act June 1, 1898, 21 D. L. p. 115, Sec. 11. ACTS OF THE GENERAL ASSEMBLY. 277 be made after notice in writing to the officer sought to be re- moved, which notice shall set forth clearly and distinctly the reasons for his removal. Any person appointed to fill any ^'^*^^'^^^'- vacancy shall serve for the unexpired term of the person whose office he is appointed to fill. The neglect or refusal of any per- son so appointed as inspector as aforesaid to appear and what con- qualify as an inspector within the time herein prescribed shall vacancy.^ be deemed to create a vacancy in said office. -|A1#** * * * * * * * In case of refusal or neglect on the part of any person * * to be a poll clerk to eompl}^ with the above requirements, or to serve, or to act, he shall be liable to a penaltv of two hundred Penalty for ' ' jr . 1-efusal or dollars, recoverable in the same manner and for the same use neglect to ' , _ comply. as the penalty above provided in case of refusal or neglect on . , . ., ^ "^ -^ , V . Act of April the part of an inspector of election.- [* * * * *] i3, 1S93. Inspectors of election and poll clerks * * * * * * * * # shall be entitled to receive three dollars for each day's service at any registration'' or election, tion. such compensation not to exceed in the aggregate the sum of fifteen dollars ; provided, that the inspector whose duty it shall be to attend the meeting of the board of canvass shall receive the additional sum of three dollars as a compensation for said attendance. The said compensation shall be paid on the cer- tificate of the President of Department of Elections,* as to the period of service, but no payment shall be made to any person as inspector of election or poll clerk who shall not have taken, subscribed and filed the oath («) or affirmation required therein, oath, failure and who shall not, during the period of his service have fully comply with. 1. This section g-ave the Department power to appoint poll clerks. This power is now exercised by the Judges of Election. See Act June 1. 1898, 21' D. L. at p. 116, Sec. 13. 2. The Department no longer having power to appoint clerks, the above penalty is not supposed to be operative. 3. The Registrars now receive for each day of actual registration the sum of $5. Act May 27, 1898, 21 D. L. p. 85. Sec. 21, p. 317 of this volume. But the provision in the above section is applicable for the day of revision of registration. 4. Under the Act of May 27, 1898, 21 D. L. p, 86, Sec. 21. IV, the Presi- dent of the Levy Court certifies to the State Treasurer the amount due the Registrars, and he pays them. See p. 318 of this volume. For muni- cipal elections the above provision is applicable. 278 ACTS OF THE GENERAL ASSEMBLY. Exemption from cer- tain duties. complied with all the requirements of law in anywise relating to his duties ; and the acting of any such person in either of said capacities without having taken, subscribed and filed the said oath or affirmation, shall be deemed to be a misdemeanor and punished as such. Inspectors of election and poll clerks, during the time they hold such office, shall be exempt from the performance of military and jury^ duty, and no person who, by the law of this State is exempt from jury duty, shall be re- quired to serve as an inspector or poll clerk under this Act. (a) See note "a" to See. 3, (10), of this Act. Inspectors to meet and perform the following act.s. Sec. 4. The inspectors of election appointed pursuant to the provisions of this Act shall, at the times in this Act desig- nated for registration, meet in their respective election dis- tricts at the places which, as provided in this Act, shall be designated therein for such meeting and at such times- in each election district the said inspectors of election shall openly and publicly do and perform the following acts, viz : Organiza- tion. 1. They shall organize as a board by selecting one of their number to act as chairman, but in case of failure to so organize within fifteen minutes after the time fixed for meeting, the chairman shall be selected bv lot.'^ Application. 2. They shall receive and enter upon their several regis- ters the application for registration of all male persons who shall personally present themselves.'* Session. 3. They shall remain in session on each of said days and on each of the davs for revision of registration from between 1. See Act Feb. 25, 1909. 25 D. L. p. 534. Sec. 1. 2. See various notes to the different sections of the Act. 3. Act June 1, 1898, 21 D. L. at p. 114, Sec. 10 makes the Inspector of Election the Judge and the presiding officer. Act of May 20, 1898, 21 D. L. p. 141, Sec. 3. IV, says one shall be "Registrar," and the other two "As- sistant Registrars;" (p. 332 of this volume) and Act of May 27, 1898, 21 D. L. at p. 76, Sec. 9 says two shall constitute a quorum, and the acts of a majority shall be as valid as the acts of all of them. P. 310 of this volume. 4. See Act May 27, 1898, 21 D. L. at p. 70, Sec. 4 for the entries to be made, p. 303 this volume. ACTS OF THE GENERAL ASSEMBLY. 279 the hours of eleven and twelve o'clock in the forenoon and seven o'clock in the afternoon/ First- Second — Third— - Fourth — * Supplied. Act May 27, 1898, 21 D. L. 70. Sec. 4, Third. * Supplied. 21 D. L. 71. Sec. 4. Third V. * Supplied. 21 D. L. 70, Sec. 4. Second. Supplied. 21 D. L. at 71. Sec. 4, Third IV. Fifth— =^ * Sixth— * Seventh- — Eighth— * Ninth— * ^ Repealed. Act. March 14, 1901, 22 D. L. Ill, Sec. 1. *- Supplied. 21 D. L. 71. Sec. 4, Third VI. .". Supplied. 21 D. L. 71, Sec. 4. Third VII. „ Supplied, 21 * D. L. at 71. Sec. 4, Third IX. « Supplied, 21 D. L. 72. Sec. 4, Third X. Sec. 5. On the days and at the times * * * * inspectors to for any revision of any general registration, the duly qualified ^^IpUtive^" inspectors of election shall meet in their respective election ^jl?^4'°to*^'^' districts, at the places which, in accordance with the require- clrtai™ ments of this Act, shall have been provided for such meetings, <3uties. and shall openly and publicly do and perform the following acts, namely : each and every of the duties and requirements set forth in sub-divisions one and three of Section •! of this Act.^ They shall in each election district receive the applica- Applications, tions for registration of all such male persons whose names are not then borne upon the registers thereof as qualified voters therein as shall personally present themselves, and who, on the day of election next ensuing, would be entitled to vote there- in ; and as to all applications made to them shall proceed in the manner provided in sub-division 4 of Section 4 of this Act;^ 1. Act May 27. 1898, 21 D. L. p. 69. Sec. 2, p. 301 this volume, makes the time for registration from 8 o'clock a. m. till 7 o'clock p. m.. with an intermission of from 12 to 1 o'clock. The time mentioned in Sec. 3 of the above Act is correct as to revision of registration. 2. This referred to a column, "Sworn." There is none in the Act of May 27. 1898, 21 D. L. p. 70, Sec. 4 (pp. 303-304-305 of this volume), nor in the Act of May 20. 1898, 21 D. L. at pp. 66 and 67, Sec. 3. (pp. 323-324-325 of this volume.) 3. The above referred to "Color." The Act of March 14. 1901, 22 D. L. p. Ill, Sec. 1. says: "hereafter such Registers shall not contain columns for entries as to color." p. 326 of this volume. The same entries are found in the Act of May 20. 1S9S. 21 D. L. Sec. 3 at pp. 66 and 67. p. 323 et seq of this volume. 4. See notes to the different sections of this Act. 5. See said above notes. 280 ACTS OF THE GENERAL ASSEMBLY. Proviso. provided, that if, upon examination, as in this Act provided for, of any applicant for registration it shall appear that he has, since the last day of any general registration of voters or revision thereof in the said City of Wilmington, moved into or become a resident of said election district, the said inspectors shall inquire from whence such applicant removed or came ; and if it shall appear that such removal was from a place with- in the said city or State, they shall inquire if, in the election district in which he resided at the time of the last preceding- general registration (naming such time), or in which he has resided at rhy time subsequent thereto, he has been registered,- or has applied for registration ; and if he state that he has not, then the said inspectors shall proceed with said application as with that of any other person who may apply to them, but if he shall state that he has been so registered, the said inspectors shall, before further proceeding, require him to present to them a certificate of removaP as provided for in this Act, so that his name shall not be upon the registers of two election districts, and upon the presentation to any Board of Inspec- tors of any certificate of removal, the said board shall treat the person presenting the same in the manner provided in sub- division 4 of Section 4 of this Act for applicants for registra- tion. - Removal of Sec. 6.^ Any person who shall at any time, as provided regfstration i^ fhis Act, have applied to the inspectors of election in any election district of said City of Wilmington for registration' and shall have, in the registers thereof, been entered as a qualified voter, and who shall, at any time prior to the close of any revision of registration, have removed from the dwelling place under which he shall as a resident be borne upon the registers, may, upon any day provided in this Act for meet- ings of the inspectors of election other than the day of any 1. As to removal, and the obtaining of a Certificate of Removal, see Act May 27, 1898, 21 D. L. p. 75, Sec. 8, p. 309 of this volume. 2. As to the references in this section to "sub-division 4 of Sec. 4," see notes on pp. 278 and 279 of this Act. 3. On the subject of Removal, &c., see Act May 27. 1S9S. 21 D. L. at p. 75, Sec. 8, p. 309 of this volume. district. ACTS OF THE GENERAL ASSEMBLY. 281 election, personally appear before the said inspectors in the election district in which he resided at the time his name was entered upon the said registers, during the hours in this Act provided for their sessions for such revision, and. if chal- lenged, shall publicly take and subscribe before one of said inspectors the following oath or affirmation, which shall be known as an oath of removal : ' ' I, residing in the election Oath of ' ^ voter remov-. district of the Citj' of Wilmington, do solemnly swear (or af- ing- firm) that I, duly entered in the registers of said election dis- trict from said residence as a qualified voter, have removed my place of residence to number in the election district of the City of Wilmington, and I do hereby request that the proper entries be made as the same are pro- vided lor by law, and that a certificate of removal be furnished me at this time." Upon such oath or affirmation being made and subscribed _ ^ , ^ ^ '^ Duty of In- as herein provided, it shall be the dutv of the said inspectors spector in ' • . . case of re- to carefull}' preserve the same. And upon such application, movai. (or in case of challenge) upon any such person so taking and subscribing said oath of removal, the said inspectors of elec- tion, if satisfied of the identity of the person making the same with the person he claims to be as the description of said last mentioned person shall appear on the register, and if not satis- fied therewith shall at once, b}' an}' one whom said board shall speciall}^ authorize, make an examination and inquiry at the place of residence of such person, as the same shall be entered upon the registers, as to the fact of the removal of such person from said dwelling place, when, if his removal therefrom shall be found by the report of such person to be a fact, shall im- mediately proceed to strike from said registers the name of such person by entering in each of the registers, opposite to * * * * * *^ and in the column headed 1. The provisions stricken out of the above section referred to "Why Disqualified." "Removed" and "Dates of Erasing Name." They do not ap- pear in either of the Acts of May 20, 1898, 21 D. L. at p. 66. Sec. 3 et seq or May 27, 1898. 21 D. L. p. 70. Sec. 4 et seq.. and are inconsistent with the provisions of both of said Acts. (See pp. 323-324-325, and 303-304-305 re- spectively, of this volume.) 282 ACTS OF THE GENERAL ASSEMBLY. "Remarks," the words "Transferred to,"^ together with the numher of the election district to which snch person shall in his oath of removal state he has removed, and the initial letters of the name of the inspector who shall in each of said registers make such entries ; and shall, through the name of any such person as the same shall appear on said registers, and there only draw a line as indicative that such name is erased from the registers of that election district, and the name of any such person so found stricken and erased from said registers shall, as to his name and residence at the place in said registers entered under the column of "Residence," be thereafter con- sidered by the Department of Elections, all inspectors of elec- tion and all other election officers, to be stricken from the reg- isters of that election district and shall be treated as if never entered thereon. If the dwelling place to which any such per- son shall have removed be within the boundaries of the same election district as was his former residence, as stated in the registers of said election district, the said inspector shall in said registers, under the number or other description of the dwelling place to which such person has removed, enter his name, and in the several columns opposite and against the same, such words and figures as prior to the stinking from or erasing the name of such person in the manner in this section above provided, where in the columns similarh' headed and opposite to and against the name of each person as upon said registers it appeared under the dwelling place from which he shall have declared he has removed ; and if the dwelling place to which any such person shall have removed shall be within the boundaries of any other election district than was the resi- dence under which he was previously entered on said registers, the said inspectors of election shall fill up, sign and deliver to such person a certificate which shall be known as a certificate of removal, and shall be in the words and figures following, to wit : 1. The entry prescribed by the Act of May 27, 1898, 21 D. L. at p, 76, Sec. 8 is "removed from this election district into * * * election dis- trict in this county," (p. 309 of this volume). acts of the general assembly. * 283 ' ' Certificate of Removal. ... Certificate Polling place of the ■ election district m the of removal. City of Wilmington, 19—. "To the board of inspectors of election elec- tion district : This is to certify that the name of heretofore residing at in this election district, has been by us, the inspectors of election in this district, stricken from the registers of this district and the proper erasures made upon the oath^ of removal, and at the request of said above-mentioned person, and that upon the registers of this election district were entered as to him the following state- ment : Repealed. Name "^ Act March 14. 1901, 22 Residence Term of Residence d.l. p.'iii, Sworn^ State Nativity County Naturalized Date of Application . . . Sec. 1. QiT'n 7 ********* Repealed, ^^^- ' • Art. V, Sec. Qirn !«i i * * * * * * * * * -■ Constitu- '^^^- °- tion 1897. Sec. 9.^^ ******** * 1. The oath is only required in case of challenge. See above section. 2. Only used when challenged. See the section itself. 3. The blanks now used (which are copies of what are contained in the "Registers,") also contain the following: Age, Election District. Reg- istered Voter, , Color. See Act May 20, 1898, 21 D. L. pp. 66 and 67, Sec. 3, I "First" and "Second." p. 323-324 of this volume. The color is entered in the "Book of Registered Voters." but not in the Begisters. Act of May 27. 1898, 21 D. L. p. 74. Sec. 6. p. 307 of this volume. " See also p. 325, Act of March 14, 1901. 22 D. L. p. 111. Sec. 1. p. 326 of this volume. 4. This section referred to the duty of inspectors at the close of each day of registration to fill out and sign a certificate as to persons regis- tered. This is supplied by Act of May 27, 1898. 21 D. L. at 73. Sec. 4 Fifth, p. 306 of this volume. And at the close of their last sitting the registration officers perform the duties set out in Sec. 10, (II and III) of the above Act, pp. 76 and 77, (pp. 310-311 of this volume.) 5. See Act May 27, 1898, 21 D. L. 76. Sec. 10 (II and III,) pp. 310-311 of this volume), and also pp. 83 and 84 of the same Act, Sees. 17 and 19, which provide that the Registration officers shall keep the books till the day of the election, when one set of books is delivered to Inspector of election, and the other set is kept by the Registrar. )pp. 315-316 of this volume.) 284 ACTS OF THE GENERAL ASSEMBLY. Sec. 10.1 *#***#*#* Sec. 11.- ********* Challenges. Sec. 12.^ Any person applying to register or offering to vote, or who is registered, may, on any day of registration or of election, be challenged by any qualified voter in the city, and any one of the inspectors of election in any election dis- trict in the City of Wilmington may at any such time or times, and one of them shall administer to any person so challenged the following oath or affirmation : Challenges. Party challengers. Sec. 13. Any person who is a qualified voter in the city may, upon the day of registration or of election, require the name of any registered person to be marked for challenge, and on such day or days shall be entitled to be heard b.y the in- spectors of election in any election district in relation to the correctness of their registers.'' Sec. 14.^ At every election held under the provisions of this Act each political party shall have the right to designate, place and keep a challenger at each place of registration and voting, who shall be assigned such position immediately ad- 1. See above Act, 21 D. L. at pp. 76 and 77, Sec. 10, where it provides that the Registration officers immediately after the close of their last sit- ting, shall make a comparison of the registration books, (p. 310 of this volume.) 2. This section referred to the Inspectors of election having the "registers" with them on election day, and the method of voting with a stamp and tax receipt, &c. See Act May 27. 1898, 21 D. L. p. 84, Sec. 19. This section requires the Registrar on election day one hour before the polls open, to deliver to the Inspector of election 1 "Register" and 1 "Book of Registered Voters." The other set he keeps himself until after the elec- tion, when, by virtue of Sec. 19, II, of the same Act he delivers it to the Clerk of the Peace, p. 316 of this volume. See Act June 1. 1898, 21 D. L. at 118, Sec. 18 as to method of voting in lieu of that provided for in the above Sec. 11. See Act May 20, 1897, 20 D. L. p. 403, Sec. 2, (p. 388 of this vol- ume.) See Act May 15, 1891, 19 D. L. p. 94, Sec. 19, (p. 379 of this volume.) 3. See Act May 15, 1891, 19 D. L. p. 94, Sec. 17. (p. 379 of this volume) and Act May 20, 1897, 20 D. L. p. 404, Sec. 3, (p. 388 of this volume.) See Act May 27, 1898, 21 D. L. at p. 73, Sec. 5, challenge for bribery of one desiring to register, and oath to be taken; p. 306 of this volume; and see Act June 1, 1898. 21 D. L. pp. 118-119, Sec. 19 of similar challenge of one desiring to vote and oath to be taken. By Act June 1, 1898, 21 D. L. 132, Sec. 29, the Inspector of election on the day after the election delivers oaths, affirmations, &c.. Registers, and Books of Registered Voters to the Clerk of the Peace. The same are open to public inspection, &c. 4. See note to Sees. 12 and 14 of this Act. 5. See note to Sec. 12 of this Act. See Act May 20, 1897, 20 D. L. p. 404, Sec. 3, p. 388 this volume, whidh provides that the clerks of the election shall be challengers, and the clerks are named by the Judges of election. See Act June 1. 1898. 21 D. L. p. 116, Sec. 13. ACTS OF THE GENERAL ASSEMBLY. 285 joining the inspectors of election and upon the inside of the window^ as will enable him to see each person as he offers to register or to vote, and who shall be protected in the discharge of his duty by the inspectors of election. Each political party may remove anj^ challenger appointed by it, and all vacancies vacancfes^of which from any cause shall arise shall be filled by the same challengers. party, power and authority as conferred the original appoint- ment. Sec. 15. The poll clerks at each poll in any such city shall ^^,*^g°^ p°" keep in ink a poll list in books, to be prepared and furnished for that purpose, which shall contain a column headed ' ' Name of Voter," a column headed "Residence," and a column headed "Remarks." Sec. 16. The poll books referred to in the preceding sec- poii books. tion shall be in the form as follows : Election District. RESIDENCE. NAME OF voter. REMARKS. Form of poll books. The name of each elector voting shall be entered by each poll clerk in the column of his poll list headed "Name of pou books. Voter," and the residence of each such elector in the column headed "Residence," and in the column of "Remarks," op- posite the name of each person challenged, shall be noted the oath or oaths offered and taken by any such person. 1. See note to Sec. 2 of Act of May 15, this volume. 1891, 19 D. L. p. 86; p. 370 of 286 ACTS OF THE GENERAL ASSEMBLY. AlDsence of inspectors, how reme- died. Absence of clerks. Proviso. Persons ap- pointed to • fill vacan- cies. What shall constitute a vacancy. Sec. 17.^ * * * * ## # * * Sec. 18.- ********* Sec. 19. If at the time for opening any registration, re- vision of registration or any election, the inspectors or a ma- jority of them be not present at the place of registration or election, the voters there may without ballot by plurality choose a person to supply the place of every such absent in- spector,^ but the inspector or inspectors so chosen shall be of the same political faith and opinion as the person or persons for whose place or places he or they may be chosen to fill ; and if, at the time aforesaid, either or both of the poll clerks be not present at the place of election, the inspectors shall choose the person or persons to fill the place or places of such absent clerk or clerks ;* provided, that the person or persons so chosen shall be of the same political faith and opinion as the person or per- sons for whose place or places he or they may be chosen to fill. When any person shall be chosen to fill the place of an absent inspector or poll clerk he shall before entering upon his duties take and subscribe the oath as provided in Section 3 (") of this Act ; and a blank form of said oath shall be printed or written in the back of the register provided to be furnished to the in- spectors of election under this Act. ******** (a) See note "a" to Sec. 3 (10), of this Act. Placing of ballot box. Sec. 20. Every ballot box shall be so placed at a window 1. This section provided for a column with the word "Voted" in it, and the inspectors of election were required to fill it up with the words "Yes" or "No." The Acts of May 20, 1898, 21 D. L. p. 66, See. 3, and May 27, 1898, 21 D. L. p. 70, Sec. 4 omit it. pp. 323-325 and 303-305 respectively of this volume. The Act of June 1, 1898, 21 D. L. at p. 118, Sec. 18, re- quires the word "Voted" to be written opposite the name in the Book of Registered Voters. 2. The above section referred to the canvas of the vote. This is done by the Superior Court of the county. See Act June 1. 1898, 21 D. L. p. 122, Sec. 23. 3. The Act of June 1, 1898, 21 D. L. p. 114, Sec. 9 provides that if the inspector be not present, the registrar shall shall serve as inspector; if he be absent the alternate registrar shall act. In Wilmington the Department of Elections appoints all election of- ficers. Act June 1, 1898. 21 D. L. p. 146, (p. 337 of this volume.) And the Department appoints all registration officers. Act May 20, 1898, 21 D. L. p. 142, Sec. 3 part VII. p. 333 of this volume. 4. The judges appoint the clerks. Act June 1. 1898. 21 D. L. p. 116-, Sec. 13. ACTS OF THE GENERAL ASSEMBLY. 287 or elsewhere that the voters depositing any ballot and each challenger may conveniently see every ballot received by the inspectors and deposited in the ballot box. No screen or Screens. other obstruction to such view of any ballot box by the voter or challenger shall be allowed. C^TTI^ Xl ^ ^ ^ ^ ■'*' ^ * * T^ '^ Sec. 22. No person who is registered in one election dis- Registering trict shall register or cause himself to be registered in another ^^ce. "^^"^ district- («) (a) This Section and See. 33 are alike in some respects. See Sec. 33 "a." Lore, C. J.: "Eeference has been made to See. 22, which covers, practically, the same thing. These provisions overlap each other," &c. The Court was referring to Sees. 33 and 22. State vs. LaUv, 2 Marv. 42J: at 425. (yr. 1895) Sec. 23. For all power, authoritv and duties in this Act ^^ . ., , ^ ' ' Majority of prescribed for or conferred upon and all actions required of inspectors _ ^ ^ must con- inspectors of election, save where such authoritv or action iscurinaii actions, etc. specifically allowed to any of said inspectors, the concurrence or assent of a majority of all the inspectors of election in any election district must in all cases be obtained.^ Sec. 24. No person shall be required to serve as an in- inspector spector of election for two successive terms. serve but one term. Sec. 25. The several inspectors of election, and poll Election clerks,* in this Act named and created are and shall be in all °^°^''^- courts and proceedings deemed and held respectively to be election officers ; and it shall be the duty of the said inspectors of election and poll clerks, respectively, or a majority of said 1. This section gave the Department of Elections authority to rent a suitable place for use by the Department. It is supplied, verbatim, by the Act of May 20. 1S9S. 21 D. L. at p. 144, Sec. 5, p. 336 this volume. 2. See Sec. 33 of this Act. 3. See also Act May 27, 1898. 21 D. L. p. 76. Sec. 9. p. 310 of this volume; see Sec. 50 of this Act, p. 300. 4. The judges name the clerks, not the Department of Elections. See note 4 to Sec. 19 of this Act, p. 286. 288 ACTS OF THE GENERAL ASSEMBLY. ^ttendance inspectors, to be in constant attendance during the hours and officers. times fixed for the discharge of their several duties. Duty of election of- ficers to make can- vass of elec- tion district. Sec. 26. Any inspector of election, poll elerk^ or any challenger, appointed in compliance with the provisions of this Act. shall at any time between the first day of registration or revision of registration, as required by this Act, preceding any election and ten days after the official declaration and certifi- cate of the result of any such election, have full power and au- thority to make a thorough and effective canvass of the elec- tion district in and for which he has been or was designated to serve and act upon any day of registration, or revision of reg- istration or election, and to make full inquiry' respecting any and every resident of any dwelling, building or other place of abode in any such election district, his age, term of residence and qualifications as a voter ; but the power and authority by this section conferred upon any inspector of election, poll clerk or challenger, shall wholly cease upon his resignation or removal from the office or position to which he was appointed or for which he was designated. Powers and duties of in- spector of election while hold- ing election. Sec. 27. The inspectors of election in each election dis- trict, while discharging any of the duties imposed upon them by this Act, shall have full authority to preserve order and en- force obedience to their lawful commands at and around the place of registration- or election during the time of any regis- tration or revision of registration, election or canvass, estimate or return of votes, to keep the access to such places open and unobstructed ; to prevent and suppress riots, tumult, violence, disorder and all improper practices tending to the intimida- tion or obstruction of voters, the disturbance or interruption of the work of registration or voting, or the canvass estimate or return of votes, and to protect the voters and challengers from intimidation and violence, and the registers, poll books, boxes («) and ballots from violence and fraud, and to deputize 1. See note 4 on p. 287 of this volume. 2. For similar powers of the registrars, see Act May 27. 1898, 21 D. L. 85, Sec. 20. p. 316 of this volume. ACTS OP THE GENERAL ASSEMBLY. 289 if necessary one or more electors to communicate their orders and directions and to assist in the enforcement thereof. (a) Spruance, J.: "It was the duty of the election officers to keep safely the ballot boxes, and to repel any attempt to capture them; and it was lawful for them to use such amount of force as was necessary for that purpose. The inspector did resist the assailants, and finally repulsed them, and in so doing fired several shots, ' ' killing one person. State vs. Bell, 5 Penn. 192 at 195. (yr. 1904) State vs. Brand, 2 Marv. 459 at 461. (yr. 1897) Sec. 28. The legal compensation of all members of thecompensa- Department of Elections shall be paid quarterly on the last J^e^-g "f Se™' day of March, June, September and December by the State ^^gctions,°^ Treasurer out of any money belonging to the State not other- ^°^ p^^*^- wise appropriated.^ The compensation of inspectors of elec- compensa- tion, poll clerks and other officers of election, as provided for officers and'^ by this Act,- the cost and expenses of all necessary election elplns^s^' notices, posters, maps, advertisements, registers, books, blanks, ^°^ p^'*^- stationeiy, the rent and cost of fitting up, warming, lighting, cleaning and safe keeping of all places of registration and polling places ; of furnishing, repairing and carting ballot boxes, and the cost of all supplies of every kind and nature for elections in said city shall be paid as other general election ex- penses are, and upon proper warrants and vouchers made by the Department of Elections. Sec. 29. It shall be the duty of the city surveyor to fur- j^^^^^ ^^ ^j^y nish to the Department of Elections of said city upon their re- surveyor. quest a map or maps of the several wards of the city or any and all portions thereof. Sec. 30. Hereafter it shall not be lawful for any of the change of authorities, officers or agents of the said City of Wilmington to name o^f °^ number or re-number or change the name of any street, ave- ^ ^^^ ^' ^ ^" nue, lane, road or way in the said city, or in am^vise change or alter any such number or name, save between the first day of July and the last daj' of August of any year. 1. Supplied verbatim in Act May 20, 1898, 21 D. L. at p. 145, Sec. 6. (p. 336 of this volume.) 2. See Sec. 3 (10) note 3 of this Act, (p. 277 of this volume.) 290 ACTS OF THE GENERAL ASSEMBLY. Election- eering or engaging in political discussion. Penalty. Sec. 31. It shall be unlawful for any inspeetot* of elec- tion, poll clerk or challenger during the election or canvass of ballots, or anj- person or persons within the polling place, to electioneer or engage in any political discussion. Any viola- tion of this section shall be a misdemeanor, and shall be pun- ished by imprisonment in the comity .jail for not more than ninety days or by fine not more than two hundred dollars or both. Intoxicat- ing and spirituous liquors. Penalty. Sec. 32. Whoever, during the sitting of any Board of In- spectors of Election in any election district in the city, whether held for the purpose of registration, revision of regis- tration, reception or canvass of votes, or of making return thereof, shall bring, take, order or send into, or shall attempt to bring, take or send into any place of registration, revision of registration or of election any distilled or spirituous liquors whatever, or shall at any such time or place drink or partake of any such liquor, shall be deemed and held to be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than ninety days, or by a fine of not more than one hundred dollars or both.^ Personation. Registry in wrong dis- trict or in more than one. Sec. 33. If, at any registration or revision of registration of voters, or at any meeting of inspectors of election held for such purpose, as provided in this Act, any person shall falsely personate an elector or other person and register or attempt or offer to register in the "name of such elector or other person, or if any person shall knowingly or fraudulently register or offer or attempt to make application to register in or under the name of any person, or in or under any false, assumed or ficti- tious name, or in or under any name not his own, or shall knowingly or fraudulently register in two election districts, («) or having registered in one district shall fraudulently attempt to offer to register in another, or shall fraudulently register or attempt or offer to register in any election district not having a lawfvil right to register therein, (^) or shall knowingh'' or will- fully do any unlawful act to secure registration for himself or 1. Supplied verbatim by Act of May 27, 1898, 21 D. L. at p. 86, Sec. 22. (p. 318 of this volume). See also p. 397 of this volume. ACTS OF THE GENERAL ASSEMBLY. 291 any other person, or shall knowingly, willfully or fraudulently by false personation or otherwise or by any unlawful means procure or attempt to cause or procure the name of any quali- fied voter in any election district to be erased or stricken from any register of the voters of such district made in pursuance of this Act or otljerwise than in this Act provided ; or by force, threat, menace, intimidation, bribery, reward or offer (<^) or promise thereof or other unlawful means prevent, hinder or intimidation. delay any person having a lawful right to register or be reg- istered from duly exercising such right, or who shall know- ingly, willfully or fraudulently^ compel or induce or attempt or offer to compel or induce by such means, or any unlawful means, any inspector of election or officer of registration in any election district to register or admit to registration any person not lawfullj^ entitled to registration in such district, or to register any false, assumed or fictitious name or any name of any person except as provided in this Act, or shall know- ingly or willfully or fraudulently interfere with, hinder or intimidation delay any inspector of election or other officer of registration ence with in the discharge of his duties, or counsel, advise or induce or flcen°'^ attempt to induce any such inspector or other officer to refuse or neglect to comply with or to perform his duties or to violate any law prescribing or regulating the same, or shall aid, coun- sel, procure or advise any voter, person, inspector of election or other officer of registration to do any act by law forbidden or in this Act constituted an offense or to omit to do any act by law directed to be done; every such person shall upon convic- tion thereof be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than two years or by fine not more than two hundred dollars or "^ ^" both/ (a) Cullen, J.: "The last clause, — "Or shall knowingly or fraudu- lently register in two election districts," is the one under which the defendant in this case is indicted." (557) * '■ "It is no defence to say that a man was told so and so, for the ig- norance of the law excuses no man. We are all bound by the law, whether we know it or not. * * The act says, and we so construe the act, that 1. See Act May 27, 1898. 21 D. L. at 87. Sec. 24, covering the .same matters, but with imprisonment not exceeding three years, and fine not exceeding five hundred dollars, or both in the discretion of the Court, (p. 320 of this volume.) 292 ACTS OF THE GENERAL ASSEMBLY. Personation of voters. where a party knowingly registers twice, and those facts are clearly proved to the jury beyond a reasonable doubt, then the party is beyond all question guilty in manner and form as he stands indicted. ' ' State vs. Caldwell, 1 Marv. 555 at 559 (yr. 1895) (The above section is set out in the above case, to where the note "a" is made.) The same question came up before the Court a second time in the case below cited, and the Court said : Marvel, J.: " So, in this instance, it is not a question of intent, but has the defendant * * registered in two election districts in the said City of Wilmington?" If so, he was guilty. State vs. Lally, 2 Marv. 424 at 428. (yr. 1895) (b) An indictment that one, "at a certain general registration of all the qualified voters, unlawfully and fraudulently registered * * not having a lawful right to register therein, ' ' is fatally defective. It is too general. (Syllabus 560.) Lore, C. J.: " The elements of the fraud are manifold. * * He is entitled to have the fact set forth, and not be com- pelled to come here to meet some one of a dozen, or more, qualifications, which are necessary under our present statute to qualify him to register. ' ' State vs. Vincent, 1 Marv. 560 at 562. (yr. 1895) (c) See Sec. 34 "a" as to the difference between "offering" and "promising" a reward, &c. Sec. 34. If at any election hereafter held in the said city as pro\aded in this Act any person shall falsely personate any elector or other person, and vote or attempt or offer to vote in or upon the name of such elector or other person, or shall vote or attempt to vote in or upon the name of any person whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not his own, or shall knowingly, willfully or fraudulently vote more than once for any candi- date for the same office, or shall vote or attempt or offer to vote in any election district without having a lawful right to vote therein, or to vote more than once or to vote in more than one election district, or having once voted shall vote or attempt or offer to vote again, or shall knowingly, willfully or fraudu- lently do any unlawful act to secure an opportunity for him- self or for any other person to vote, or shall by force, threat, Intimidation menace, intimidation, bribery or reward or offer («) or promise and bribery, ^j^gj^g^f ^p otherwise unlawfully, either directly or indirectly, influence or attempt to influence any elector in giving his vote, or prevent or hinder or attempt to prevent or hinder any qualified voter from freely exercising the rights of suffrage or by any such means induce or attempt to induce any such voter to refuse to exercise any such right, or shall by any such means Fraudulent voting. ACTS OF THE GENERAL ASSEMBLY. 293 or otherwise compel or induce or attempt to compel or induce any inspector of election or other officer of election in any elec- tion district to receive the vote of any person not legally quali- fied or entitled to vote at the said election in such district, or shall knowing!}', willfully or fraudulentl}' interfere with, de- lay or hinder in any manner any inspector of election, poll clerk or other officer of election in the discharge of his duty, or by any of such means or other unlawful means knowingly, willfully or fraudulently counsel, advise, induce or attempt to induce any inspector of election, poll clerk or other officer of election whose duty it is to ascertain, proclaim, announce or declare the result of any such election, or to give or make any certificate, document, report, return or other evidence in rela- tion thereto, to refuse or neglect to comply wdth his duty, or to violate any law regulating the same, or to receive the vote of any person in any election district not entitled to vote therein, or to refuse to receive the vote of any person entitled to vote therein, or shall aid, counsel or advise, procure or assist any voter, person or inspector of election or other officer of elec- tion to do any act by law forbidden or in this Act constituted an oft'ense, or to omit to do any act by law directed to be done, every such person shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished for each and every offense bj^ imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dol- lars or both.^ (a) The meaning of the words ''offer" and "promise'' are given below. Booth, C. J.: " the argument for the defendant assmnes that to offer a reward, or to promise a reward, means the same thing. But there is a clear and distinct meaning to be attached to each of the words * * " offer, " "promise, " * * as used in the two acts. To "offer" it, is to present it for acceptance or rejection; to "promise" it, is to make a declaration or engagement that it shall be given," &c. (The meaning of ''give" and "procure" is also given.) State vs. Barker, 4 Har. 559 at 561. (yr. 1847) Sec. 35. If any poll clerk or inspector of election per- poI] ?ierks •^ ^ '■ ^ making false forming the duty of poll clerk shall willfully keep a false poll entries. 1. See Act April 6, 1893, 19 D. L. p. 986, Sec. 7, Municipal Election Law, pp. 400-401 of this volume; and see Act May 27, 1897. 20 D. L. p. 387, Sec. 22, Primary Election Law, p^ 356 of this volume. 294 ACTS OF THE GENERAL ASSEMBLY. Penalty. list, or shall knowingly insert in his poll list any false state- ment or any name or statement or any check, letter or mark ex- cept as in this Act provided, he shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both. Failure of inspector to perform his duty. Penalty. Election of- ficers mak- ing false canvass or entries, etc. Sec. 36. Every inspector of election who shall willfully exclude («) any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election, or shall willfully receive (^) a vote from any person who has been duly challenged in relation to his right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law. or who shall willfully omit to challenge any person offering to vote, whom he knows or suspects not to be entitled to vote, and who has not been challenged by any other person, shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both. (a) An inspector of election was indicted "for refusing a legal vote." The case seemed to depend upon the guilty knowledge of the election officer, and the Court said : By the Court : " It is difficult to define corruption ; but we may say, that it is the wilfully and corruptly doing an act, or omitting a duty, which a person, acting in a public capacity, knoics it to be his duty to do, or omit, in disregard of his official duty, and the ob- ligations of his oath. ' ' State vs. Porter, 4 Har. 556 at 557. (yr. 1847) (b) "The indictment was against the defendant as presiding officer of an election, for knowingly and wilfully taking an illegal vote." (555). It was a question of residence. By the Court: "Did defendant take the vote knowing it to be an illegal vote? Defendant acted in a judicial capacity, aud is not to be held liable criminally for a mere error in judgment. * * But if such officer, knowing a vote to be illegal, takes it corruptly, his position cannot protect him from the just punishment of his offence." State vs. M 'Donald, 4 Har. 555 at 556. (yr. 1847) State vs. Frest, 4 Har. 558. (yr. 1847) Sec. 37. Every inspector of election, member of the De- partment of Elections, poll clerk or other officer authorized to take part in or perform any duty in relation to any canvass or official statement of the votes cast at any election, who shall willfully make any false canvass («) of such votes or shall ACTS OF THE GENERAL ASSEMBLY. 295 make, sign, publish or deliver any false returns (^) of such election, or any false certificate {'-') or statement of the result of such election, knowing the same to be false, or who shall willfully deface, i^) destroy or conceal any statement or cer- tificate intrusted to his care or custody, shall on conviction thereof be adjudged guilty of amisdemeanor and shall be pun- ished by imprisonment in the county jail not more than two years or by a fine of not more than two hundred dollars or ^'""^"^y- both. (a) See the case of State vs. Matlack et al, 5 Penn. 401 (yr. 1905), where, among other things, it was charged that votes cast for one candi- date, were read and counted for another candidate. (6) Lore, C. J.: "The offence designated under the statute is "a false return of the election. ' ' In the indictment the charge is ' ' making a false return of the number of ballots cast at said election, ' ' which would be an element of the false return. ' ' The indict- ment was therefore quashed. Sec. 37 of the act is referred to on p. 454. State vs. Conway, 2 Marv. 453 at 455. (yr. 1896) (c) " The prosecution was under Sees. 37 and 40 of the Act of 1891, ' ' (p. 457). "As to the indictment under Sec. 37 the word "publish" re- fers to the certificate of election made by the Board of Canvass,'' — (-457) (attorney 's contention.) The Court held in an indictment "for publishing a false certificate of the result of an election. " * it is sufficiently certain to allege that the defendant ' ' did then and there wilfully and unlawfully publish a false certificate of the result of said election by then and there making a false return to the Board of Canvass, &c., of the number of votes given at said election ; ' ' and also, did ' ' wilfully, fraudulently and unlawfully make an alteration in said certificate of election by then and there changing the number of votes given at said election," &c. State vs. Clark, 2 Marv. 456. (yr. 1896) syllabus. (d) See the case of State vs. Brand, 2 Marv. 459. See Sec. 40 " a " of this Act. Sec. 38. If any person other than inspector of election Fraudulent shall at anj' election knowingly and willfully put or cause to spectorsi^e't"" be put anj' ballot or ballots or other paper having the sem- blance thereof into any box used at such election for the recep- tion of votes, or if any such inspector shall knowingly and wilfully cause or permit any ballot to be in said box at the opening of the polls and before voting shall have commenced, or shall knoAvingly or wilfully or fraudulently put any ballot or other paper having the semblance thereof into any such box at any such election, unless the same shall be offered by an elector and his name shall have been found and checked upon the registers as hereinbefore provided, or if an}' such inspector 296 ACTS OP THE GENERAL ASSEMBLY. Penalty. Willful neg- lect of duty by election officers. Penalty. Stealing or secreting records, reg- isters, etc. Penalty. or other officer, or person shall fraudulently before, during or after the canvass of ballots in any manner change, substitute or alter any ballot, or shall remove any ballot or semblance thereof from, or add any ballot or semblance thereof to the ballots found in any box upon the closing of the polls, every such person shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both. Sec. 39. If any member of the Department of Elections, any inspector of election, poll clerk or other officer of registra- tion, election or canvass, of whom any duty is required in this Act or by the general election laws of this State (so far as the same are consistent with the provisions of this Act), shall be guilty of any willful neglect of such duty, of any corrupt or fraudulent conduct or practice in the execution of the same, he shall on conviction thereof be adjudged guilty of a misde- meanor and shall be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both.^ Sec. 40. Every inspector of election, poll clerk or other officer or person having the custody of any record, register of votes or copy thereof, oath, return of votes, certificate, poll list or any paper, document or evidence of any description in this Act directed to be made, filed or preserved, who is guilty of stealing, willfully destroying, mutilating, defacing, falsifying or fraudulently removing or secreting the whole or any part thereof, or who shall fraudulently make any entrj^ erasure or alteration («) therein, except as allowed and directed by the pro- visions of this Act, or who permits any other person to do so shall upon conviction thereof be adjudged guilty of a misde- meanor and shall be punished for each and every such offense by imprisonment in the county jail not exceeding two years or by a fine of not more than two hundred dollars or both.^ (a) This section is set out verbatim in the case below cited. Lore, C. J.: "Under the statutes of this State" the "inspector * * -was the custodian of the ballot box, with the 1. See Act May 20, 1898, 21 D. L. at p. 145, Sec. 7, covering the same matters as to the Department of Elections, (p. 336 of this volume.) 2. See Act May 27, 1897, 20 D. L. p. 384, Sec. 16, Primary Election Law. (p. 351 of this volume.) ACTS OF THE GENERAL ASSEMBLY. 297 ballots ' ' and * * " one certificate of election deposited therein, ' ' — * * &c. (461). "Under the statute" he 'Svould be liable, if he either made the alteration himself, or by his negligence, permitted another to make it. " State vs. Brand, 2 Marv. 459 at 462. (yr. 1897) State vs. Clark, 2 Marv. 456. (yr. 1896) Sec. 41. Every person not an officer, such as is men- tioned in the last preceding section, who is guilty of any of the fenses named acts specified in said section or who advises, procures, or abets '^ the commission of the same, or any of them, shall upon convic- tion thereof be adjudged guilty of a misdemeanor and for each and every such offense shall be punished by imprison- ment in the county jail not exceeding two years or by a fine of Penalty, not more than two hundred dollars or both. Sec. 42. Any person who shall be convicted of willful pg^..^^. , false swearing or affirming in taking any oath or affirmation prescribed by or upon any examination provided for in this Act shall be adjudged guilty of perjury. Sec. 43. Every person who shall willfully or corruptly suborna- instigate, advise, induce or procure any person to swear or af- jiry.° ^^^' firm falsely as aforesaid, or attempt or offer so to do, shall be adjudged guilty of subornation of perjury, and shall upon conviction thereof suffer the punishment directed by law in cases of perjury. Sec. 44. If any person shall fraudulently change or alter Tampering the ballot of any elector, or substitute one ballot for another, ^n^\oU^rs^ or fraudulently furnish any elector with a ballot containing more than the proper number of names, or shall intentionally practise any fraud upon any elector to induce him to deposit a ballot as his vote and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector in- tended to vote, or otherwise defraud him of his vote, every such person shall upon conviction thereof be adjudged guilty 298 ACTS OF THE GENERAL ASSEMBLY. of a misdemeanor and shall be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both. Sec. 45. If any person shall willfully disobey any lawful command of any inspector of election or of any board of in- spectors of election, given in the execution of his or their duty as such at any election, he shall upon conviction thereof be ad- judged guilty of a misdemeanor and shall be punished by im- prisonment in the county jail for not more than one year or by Amendment, a fine of not more than two hundred dollars or both. [And if Act of April 13, 1S93. any policeman or officer of police of the City of Wilmington willfully disobey any lawful command of any board of inspec- tors of election in the exercise of their duty as such at any election as aforesaid, and upon conviction thereof by the Mu- nicipal Court of the City of Wilmington, he shall in addition to the punishment by this Act imposed, forfeit his office or position upon the police force and be ineligible for a period "of one year.] Sec. 4:6. If at any registration or revision of registration of voters, or on any day of election, or during the canvass of the votes cast thereat, any person shall cause any breach, of the peace or use any violence or threats of violence, wherebj^ anj- such registration, revision of registration, election or canvass shall be impeded or hindered, or whereby the lawful proceed- ings of any inspector of election, or board of inspectors of election, or poll clerk or other officer of such election, or chal- lenger, as hereinbefore provided, are interfered with, every such person shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both.^ Disobeying inspectors. Penalty. Police, duties of. Penalty. Breach of peace, vio- lence, threats, etc. Penalty. Sec. 47.- If any person shall knowingly or willfully ob- struct, hinder, assault (") or by bribery, solicitation or other- wise interfere with any inspector of election, poll clerk or chal- 1. See Act May 27. 1S98, 21 D. L. p. 87. Sec. 24, (p. 319 of this vol- ume.) 2. See Sec. 33 of above Act. p. 290. ACTS OF THE GENERAL ASSEMBLY. 299 lenger in the performance of any duty required of him or which he may by law be authorized or permitted to perform ; or if any person by any other means before mentioned or otherwise unlawfully, shall on the day of registration, revision of registration, or of election, hinder or prevent any inspector of election, poll clerk or challenger in his free attendance and presence at the place of registration or of election in the elec- tion district in and for which he is appointed to serve, or in his full and free access and egress to and from any such place of registration or election, or to and from any room where any such registration or election, or canvass of votes, or of making any returns or certificates thereof, may be had, or shall molest, interfere with, remove or eject from any such place of regis- tration, or poll of election, or of canvassing ballots cast there- at, or of making the returns or certificates thereof, any such inspector of election, poll clerk or challenger, or shall unlaw- fully threaten or attempt or offer so to do, every such person shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than two vears or bv a fine of not more than two hun- ^ "^ Penalty. dred dollars or both. («) The defendant was indicted and tried in the Court of General Sessions for an assault and battery upon an inspector of election in Wil- mington, at an election held for members of the Board of Education. That act provided that the registration, election, &c., should be held in conformity with the provisions of the election and registration laws gov- erning general elections. ' ' The effect of this provision was to incorpo- rate certain provisions of Chap. 39, Vol. 19, Laws of Del.. Sec. 47, of which, reads as follows," (526) &:e. (The section is partly set out.) The Court held the Municipal Court had exclusive jurisdiction, and said : Lore, C. J.: " You describe the party as an election officer in the City of Wilmington. * * This is an assault, and we think the jurisdiction extends not only to common law assaults, but to any assault created by statute, unless the Municipal Court was distinctly ousted by express terms. ' ' State vs. Anderson, 1 Marv. 526 at 527. (yr. 1893) Sec. 48. Any inspector of election who shall willfully Neglect or neglect or when called on shall willfully decline to exercise the l^l^-l^^ *° powers conferred on him in this Act, for anj' of the purposes set forth in Section 27 of this Act, shall be deemed guilty of a • misdemeanor and on conviction thereof shall be punished by imprisonment in the county jail for not more than one year or penalty, bv a fine of not more than two hundred dollars or both. 300 ACTS OF THE GENERAL ASSEMBLY. Stealing or destroying ballot-box, etc. Penalty. Majority decision. Penalty. Sec. 49. If any person shall steal or willfully break or destroy any ballot box used or intended to be used at any elec- tion or shall willfully or fraudulently conceal, secrete or re- move any such box from the custody of the inspectors of elec- tion, or shall alter, deface, injure, destroy {^) or conceal any ballot which has been deposited in any ballot box at such elec- tion or any poll list used or intended to be used at such elec- tion, or any report, return, certificate or other evidence in this Act required or provided for,^ shall on conviction thereof be adjudged guilty of a misdemeanor, and shall for each and every such offense be punished by imprisonment in the county jail for not more than two years or by a fine of not more than two hundred dollars or both. (a) "The defendant was indicted under Sec. 49 of Ch. 39, Vol. 19, Laws of Delaware, the charge being that he ' ' Did then and there unlaw- fully destroy certain ballots," &c. (430) Lore, C. J.: " The distinct charge, and the only thing that you have anything to do with, is, whether or not he de- stroyed those ballots. ' ' (The Court held the indictment did not have to show specifically how they were destroyed.) 431. State vs. Mundy, 2 Marv. 429 at 432. (yr. 1895) Sec. 50. If, in any election district, in any registration or revision of registration of voters, or at any election hereafter held in said city, any inspector of election or poll clerk shall knowingly or willfully admit any person to registration,, or make any entry upon any register of voters or poll books, or receive any vote, or proceed with a canvass of ballots, or shall consent thereto, unless a majority^ of the inspectors of elec- tion in said election district are present and concur, he shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than sixty days or by a fine of not more than one hundred dollars or both. irreguiaii- g^c. 51. Irregularities or defects in the mode of noticing, fects. canvassing, polling or conducting any election authorized by 1. See also Act May 15, 1891, 19 D. L. p. 100, Sec. 36 (p. 386 of this volume.) 2. See Sec. 23 of this Act, p. 287; see also Act May 27, 1898, 21 D. L. pp. 76-77, Sees. 9 and 11, (pp. 310-311 of this volume); see also Act June 1, 1898, 21 D. L. pp. 118-119, Sec. 19. ACTS OF THE GENERAL ASSEMBLY. 301 this Act shall constitute no defense to a prosecution for a vio- lation of the provisions of this Act. Sec. 52. Upon any prosecution for procuringv offering or Prosecution, casting an illegal vote, the accused may give in evidence any fact tending to show that he honestly believed upon good rea- son that the vote complained of was a lawful one. Sec. 53. It is hereby made the special duty of the Attor- Duty of ney-General of the State of Delaware to immediately prose- Genera!?^ ' cute all complaints which may be made of a violation of any of the provisions of this Act to final judgment ; and it shall be the duty of the Department of Elections to notify the said At- torn ej^-General of all violations under this Act.^ Sec. 54. That all laws or-parts of laws heretofore passed inconsistent inconsistent with any of the provisions of this Act be and the pe^ied ' same are hereby repealed. Passed at Dover May 13, 1891. AN ACT Providing for a Uniform System of Begistration 0/ 21 d. l. 69. all Qualified Voters in this State. Section 1. That for the purpose of preventing fraud at General reg- ^ -^ '■ ° istration of all elections held on the Tuesday next after the first ]\Ionday voters. in the month of November, as provided by Section 1 of Article Purpose. 5 of the Amended Constitution, and facilitating the ascertain- ment of those who are duly qualified electors according to the said amended Constitution and laws of this State, there shall hereafter be a general registration of all the qualified voters resident in each election district of this State. Sec. 2. It shall be the duty of the Registrar and two As- Duty of .-r,. . . . .... registration sistant Registrars apponited ni each election district m this officers. State to register the names of all qualified voters in each of such election districts as hereinafter provided in this Act. 1. See Act May 20, 1898, 21 D. L. at p. 145, Sec. 8. (p. 336 of this vol- ume.) This section supplies Sec. 53 so far as it relates to the duty of the Department of Elections. 302 ACTS OF THE GENERAL ASSEMBLY. reaMstra/ion -^^^ ^0 that end shall sit for the purpose of ascertaining and registering the persons who are qualified to enjoy the right of an elector at the general election then next following, at such Places. public and suitable places^ in their respective election districts as will, in their judgment, be most convenient for the voters Hours. thereof, from 8 o'clock A. M. until 7 o'clock P. M., with an in- termission from 12 to 1 o'clock, on the three successive Satur- Days. days in August, beginning with the first Saturday in August, and on the third Saturday in September, and on the third Sat- urday next preceding the day of election. Notices of Each of said Registrars, at least ten days prior to the first J)13/CGS 01 S1l~ ting. sitting for the purpose of registration as aforesaid, shall give public notice, by advertisement, posted in ten or more of the most public places in his election district, of the places where the Registration officers shall sft for the registration of voters as aforesaid, and the day or days when the}' will sit at each of said places. Persons who §£(.. 3. The Registration officers shall admit into the are admitted ° in room. room in which registration is being made one suitable person to be selected by and to represent each of the political parties having tickets to be voted for at the coming election the appli- Limitation cants for registration (one at a time) and such witness or wit- fn room'^^^'^^ uesses as the applicant may desire to establish his right to be registered, and such witness or witnesses as the person w^ho challenges the right of any applicant to be registered as he raay name provided, however, that in no case shall there be more than one witness in the room at the same time, and pro- sons not ad- vided further that no other person or persons shall be admit- mitted. |.g^ jj^^Q ^Yye room during the registration of voters, and they persons^ may eject from the room any of such persons behaving in a • disorderlv manner. 1. The Department of Elections for the City of Wilmington, at the time of dividing the city into election districts, designates a suitable and proper place in each election district, for the holding of elections therein, and persons entitled to vote shall vote at such places. Act June 1. 1898, 21 D. L. p. 94. (p. 337 of this volume.) ACTS OP THE GENERAL ASSEMBLY. 303 Sec. 4. The Registrar and the Assistant Registrars in J^^^j^g^t^*°" each election district in this State shall at the times in this Act "^^et. designated for registration meet in their respective election districts at the places which, as provided in this Act shall be designated for snch meeting, and at such times shall do and perform the following acts, viz : Repealed, _,. , „ J. o. .,i i.: if. * * * Act March 4, First. *• =»^ ^ **..*** * ^^^^^ 24 D. L. 146. Second. They shall record in the registers in the column Recording headed "name" the name of every male person who shall per- ^p^^^^nt. sonally appear before them, and apply to be registered, writ- ing his surname and first Christian name in full and also any other name by which he is generally known, with the initial or initials of any other name or names which he may have in ad- dition thereto, the surname being written first. The names of said applicants for registration shall be numbered consecu- tively in the order of their application, the number being en- tered on the Registers in figures immediately before each name. Third. They shall examine all persons, who personally ap- of'a^Hcin'ts ply, as to their qualifications as electors, and shall immedi- ^""^^ *^"*"^^" ately enter in the Register the statements and facts below set forth, and in the manner following, viz : Repealed. Act March 4. T ********** 1907, 24 D. L. ^- 146. Repealed. n^*^******* Act March 14, 1901, 22 D. L. 111. ml********** ?®P?^^® , Act March 14, 1901, 22 D. L. Ill, IV. In the column headed "nativity," they shall enter ^®°' "'■ the State, territory or country in which the applicant states ^ ^^^ ^' he was born. V. Under the column "residence" the name and number Re.sidence. of the street, avenue, or other location of the dwelling, if there be a number, and if there shall not be a number, the post office of the person so applying for registration, or such other clear and definite description of the place of said dwelling as shall enable it to be readily ascertained, fixed and determined. 1. The above related to "age." It is not lawful now to enter one'§ exact age. The entry must be: "Twenty- one and upwards." Act March 14, 1901, 22 D. L. Ill, Sec.' 2, (p. 326 of this volume.) 304 ACTS OF THE GENERAL ASSEMBLY, Term of residence. Naturaliza- tion. Registered voter. Disqualified. Qualifica- tions for reg-istration as qualified voters. Who may not acquire residence. Disqualifica- tions. VI. In the subdivision of the column headed "term of residence," how long he has resided in the State, how long in the County and how long in the election district in which he applies to be registered. VII. In the column headed "naturalized" the words "yes" or "no" or "native" as the facts shall appear. VIII. In the column headed "registered voter," if the registration officers shall be satisfied, upon examination or otherwise, that the applicant for registration is entitled to be registered as a registered voter, they shall write his name in full as written in the first column. IX. In the column headed "disqualified," if they are satisfied upon examination or otherwise, that the applicant for registration is disqualified as an elector in the election dis- trict in which he shall apply to be registered, a line shall be heavily drawn in ink opposite his name headed "Registered Voter" and the cause of his disqualification shall be briefly stated in the column headed ' ' disqualified, ' ' opposite his name as first recorded, and a line shall be drawn across his name as first entered, but in such manner that said name shall remain legible. Provided that every applicant for registration shall, * * * * *^ be held and considered to be a quali- fied voter, if he be a male citizen of this State of the age of twentj'-one years (") and upwards, or who will be the age of twent3'-one years on or before the election, next succeeding his registration, and will have resided (^) in the State one year next t)ef ore such election, and for the last three months thereof will have been a resident of the county, and for the last thirty days a resident of the election district in which he may offer to vote and in which he shall have been duly registered ; provided that no person in the military, naval, or marine service of the United States shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or Insane person, pauper, or person convicted of a crime 1. The law requiring the payment of a registration fee to become reg- istered has been repealed. Act March 4. 1907. 24 D. L. p. 146. (p. 327 of this volume.) ACTS OP THE GENERAL ASSEMBLY. 305 deemed by law a felony, or person who shall have been ren- dered incapable of voting by reason of violating Section 7 of Article 5 of the Constitution of this State for ten years next following his conviction and sentence thereunder, shall be held or considered a ciualified voter. (a) A person is "of age" the day before his birthday. Bayard, C. J.: "A person is "of the age of twenty-one years" the day before the twenty-first anniversary of his birth- day. State vs. Clarke, 3 Har. 557 at 558. (yr. 1840) (&) Eesidence is mostly a question of intent. The Court : ' ' The ground on which the vote was objected to was want of residence. P had resided in Wihnington, and left his home for Pennsylvania. For what purpose? Was it a change of residence? This is to be collected from his acts and declarations. If he went with the intention to reside in Pennsylvania, or to give up his abode in Delaware, it was a loss of residence, and he had no right to vote. Even if he went with a floating intention to return, it would be a loss of resi- dence. (9th Vol. 379)." State vs. M 'Donald, 4 Har. 555 at 556. (yr. 1845) State vs. Prest, 4 Har. 558. (yr. 1844). See Kev. Code, 1903, p. 141, Sec. 3. X. In the column headed "Date of Application," they Date of ap- . ,. plication. shall enter the day of the month and year on which applica- tion for registration is made. XI. In the column headed "if challenged" the words Challenges, "yes" or "no." XII. In the column headed "cause of challenge," they Cause of challenge. shall enter the objections and by whom made. XIII. In the column headed "appeal" they shall enter Appeal, "yes" or "no." XIV. In the column headed "remarks" they may enter Remarks. such facts or statements as may be deemed pertinent to the qualification or disqualification of the applicant as an elector. Fourth. In making the entries hereinbefore specified the Postpone- registration officers shall in every case, make such entries in ^ft^^fJ^Tof ' the columns above specified opposite the name of the applicant fn case of^ to whom such entries are intended to applj^ if the registration ^°^^^- officers shall be in doubt, after the primary examination of the applicant for registration, and upon such evidence as may be immediately obtainable, whether such applicant ought to be 306 ACTS OF THE GENERAL ASSEMBLY. Signing each day's regis- tration. registered as a registered voter, they may postpone the deter- mination of the matter to their next sitting or to a later sitting at the request of the applicant. • Fifth. It shall be the duty of the registration oiScers of each and every election district in this State, upon the close of each day's registration, to write in the line on their regis- ters, immediately below the last person registered on said day the words ''end of the . . . day's registration," and im- mediately under said entry the said registration officers shall sign their respective names with the proper designation of their office. The said entries shall in no way interfere with the numbering of the names of the persons as the same shall ing of names. ^^ entered upon said registers, but the same shall be continued as if the said entries had not been made. Not to inter fere with numbering In case of challenge for bribery, etc., oath to be adminis- tered. Form of oath. Sec. 5. If, upon the personal application of any one to be registered, he shall be challenged for having received or ac- cepted, or for having offered to receive or accept, or for having paid, transferred or delivered, or for having offered or prom- ised («) to pa}', transfer or deliver, or for having contributed or offered or promised to contribute to another to be paid or used any money or other valuable thing as a compensation, induce- ment or reward for the registering (^) or abstaining from reg- istering of any one qualified to register, it shall be the duty of the Registrar to administer to the person so challenged an oath or affirmation as follows, viz : (a) 'offer" of the preceding Act for the meaning of See Sec. 34, ' and ' ' promise. (&) Prosecutions for offering, or giving money to one with which to get registered, are brought under Sec. 7, Art. 5 of the Constitution upon information filed by the Attorney-General, and are tried by the Court of General Sessions, and not by a jury. (See Sec. 8.) State vs. Collins, 1 Penn. 420. (yr. 1898), the first case thus tried. State vs. Moore, 2 Penn. 299. (yr. 1899) "You do solemnly swear upon the Holy Evangels of Al- mighty God (or 'You do solemnly, sincerely and truly declare and affirm') that you have not received or accepted or offered to receive or accept, or paid, transferred or delivered, or of-, fered or promised to pay, transfer or deliver, or contributed or offered or promised to contribute to another, to be paid or ACTS OF THE GENERAL ASSEMBLY. 307 used, any money or other valuable thing as a compensation, in- ducement or reward for the registering or abstaining from registering of any one qualified to register at the registration for this present year, so help you God (or 'so you do solemnly, sincerely and truly declare and affirm')." Such oaths or affirmation shall be conclusive evidence to ^o^^^^^gjl^l the registration officers of the truth of such oath or affirma- evidence. tion : but if any such oath or affirmation shall be false, the per- ^^ise oath son making the same shall be guilty of perjury, and on con- viction thereof shall bar any prosecution under Section 8, Ar- ticle 5 of the Amended Constitution. If any person so chal- lenged as aforesaid, shall refuse to make the oath or affirma- ^|^j."e o^th tion above prescribed, then it shall be the duty of the registra- tion officers to cause a line to be heavily drawn in ink opposite his name in the column headed "Kegistered Voter," and in the column headed "Disqualified" to insert the words " dis- ^j^J"^y^ofjj^^_ qualified for refusing to make the oath concerning bribery at tio". registration," opposite his name as first entered, in such man- ner that said name shall remain legible. Sec. 6. When the registration officers of anv election dis- Entries in trict in this State, at any of the sittings hereinbefore provided istered vot- ers in pres- for, shall enter in the Registers the name of any applicant tor ence of ap- . . . ^ , 1 11 • T 1 Plicant. registration as a registered voter, they shall immediately thereafter enter, in the presence of such applicant, if he re- mains in attendance, in its proper alphabetical place in the "Book of Registered Voters," heretofore provided for, the name of such applicant, and also his residence, and color, and his age, if he will be between the ages of twenty-one and twen- ty-two on the day of the next following general election. II. And the Registrar shall give to each person who is registered as a registered voter and who may request it a cer- of^l-e^stra- tificate to the following effect : ^'°'^' Election District, in Representative Form of cd'tific£Ltc District, in County, State of Delaware. Date day of , 19 . . I do hereby certify that has this day been registered as a registered voter in the election district 308 ACTS OF THE GENERAL ASSEMBLY. Printing of alphabetical lists of reg- istered Vot- ers. Posting of lists. above mentioned, and that his n^^mber on the registers is num- ber [Signed] Registrar for Election District, in Representative District, in County. III. The said registration officers shall within one week after their third sitting as aforesaid cause to be printed not less than fifty copies of the alphabetical lists of registered voters as contained in the "Book of Registered Voters," to- gether with the entries opposite the names in said books, and shall within the said week cause one of said printed copies of each of said lists to be posted in at least ten of the most public places in their election district, and shall use the remaining copies in such a manner as in their judgment will be most likely to secure publicity and general inspection. Review of decision of registration upon af- fidavit. Hearing, notice of. Entries in case of de- cision to strike off name. Sec. 7. Upon the affidavit of a legal voter in an election district, made before any person authorized by the laws of this State to administer oaths and represented to the registration officers of the election district, of which said affiant is a voter, that in his opinion any person (naming him) is illegally reg- istered in such election districts as a registered voter and set- ting forth the reasons therefor, it shall be the duty of the reg- istration officers to examine into the matter of the registration of such persons, and, if said registration officers deem it a proper case for a hearing, notice shall be given to such person, either personally or in writing, in the manner hereinafter pro- vided, to appear before the said registration officers at their next sitting to show cause why his name shall not be stricken from the "Brooks of the Registered Voters" of such election district. And if upon examination and inquiry the registra- tion officers shall be satisfied, («) at the sitting at which such person had notice to appear, that he ought not to be registered as a registered voter, a heavy line shall be drawn in ink through his name in the column headed "Registered Voter," and a line shall be drawn through his name as first entered, but in such manner as said name shall remain legible, and the cause of his disqualification shall be briefly stated in the column headed "Disqualified," and in the column headed "Re- ACTS OF THE GENERAL ASSEMBLY. 309 marks," opposite his said name shall be written the words "adjudged disqualified on revision by the registration offi- cers," and the date when his disqualification was ascertained as aforesaid and in the books of "registered voters" a heavy line of ink shall be drawn through his name, his residence, his color and his age. (a) Sec. 11 of this Act makes provision for an appeal. The phrase, ' ' if upon examination and inquiry the registration officers sliall be satis- fied, " &c., vests the officials with discretionary and judicial powers, and the appeal provided for in Sec. 11 is the only remedy as to getting the name restored. Hastings vs. Henry, 1 Marv. 287 at 292. (yr. 1894) Lurtz vs. Hardcastle, 1 Marv. 450. (yr. 1894) Sec. 8. If any person registered as a registered voter, in ^.o^°^'^\rict any election district in this State, shall, after he is so regis- j,'^ ^stei-ed •tered, remove from the district in which he is so registered to any other district in the county, he may apply in person to the ^^0^^1,4°" registration officers of the election district in which he is reg- istered and have his name stricken from the "Registers" and from the "Books of Registered Voters" in which his name shall appear, and may obtain from said registration officers a certified copy of the entries in the register relating to him, to- copy of*en- gether with a certificate that his name has been stricken from *^'^^.^.^51^^ ° certificate. the register and books of registered voters, as aforesaid; and it shall be lawful for him, after his name shall be so stricken from said registers and book of registered voters, to cause him- self to be registered in the election district to which he may ^T*^fthe?^'°" have removed upon producing the aforesaid certificate and district. copy of entries in said registers and books of registered voters ; provided, that by the next following general election he will p^^^jg^ ^^g " have acquired in the election district to which he has removed ^^ residence. the residence required by the Constitution. And the registra- tion officers to whom such persons may apply to have his name stricken from the registers and books of registered voters shall draw a line in ink through his name and all the entries oppo- Entries in site his name in said registers and books of registered voters appticatlon*^ and in the column in the registers headed "remarks" shall enter "removed from this election district into election district in this County," and shall prepare and de- 310 ACTS OF THE GENERAL ASSEMBLY. liver to him the certified copy of entries and the certificate aforesaid. Quorum and Sec. 9. At every sitting of said registration officers two istration of- shall Constitute a quorum and the acts of a majority shall be ficGrs. as valid as the acts of all of them. Written no- tice what sufficient. II. In all cases where written notice is required by this act to be given to any person such notice shall be deemed suf- ficient if addressed to the person to be notified at the postoffice named by him, at the time of his application for registration, and deposited in the mail not later than the AVednesday next preceding the sitting of the registration officers at which he may be notified to appear. Comparison of registra- tion books. Entry of omitted names. Corrections of books. Sec. 10. It shall be the duty of the registration officers, immediately after the close of their last sitting, carefully to compare the two registers, and see that they agree with each other in every particular, and also to compare the alphabetical lists of "Registered Voters" as contained in the "Books of Registered Voters" aforesaid, with the said registers, and to see that the name of every person entered upon the registers as a registered voter is entered in its proper alphabetical place on each of the two lists of registered voters, together with the residence and color^ and also the age^ if it be between the ages of twent3''-one and twent^'-two years on the day of the next general election, as entered on the registers. And if any name in the registers which ought to have been entered on said al- phabetical lists of registered voters shall have been omitted therefrom, it shall be the duty of said registration officers to enter such name in its proper alphabetical place, on the proper alphabetical lists, together with the proper entries as they ap- pear on the said registers. II. And it shall be the further duty in such comparison of the alphabetical lists with the registers to make such cor- 1. "Color" is not entered in the "Registers." See Act March 14, 1901, 22 D. L. p. Ill, Sec. 1. See p. 283, note 3, and p. 326 of this volume. 2. It is not lawful to enter the age in the "Registers;" the entry shall simply be: "Twenty-one and upwards." See Act March 14, 1901, 22 D. L. p. Ill, Sec. 2, p. 326 of this volume. ACTS OF THE GENERAL ASSEMBLY. 311 rections on the alphabetical lists as will make the names and entries appearing on the alphabetical lists agree with the same names and entries as entered on the registers. It shall also be the duty of the said registration officers, within three days after their last sitting, to append to each of said alphabetical fo^^eip^-*^ lists of "registered voters" contained in said "Books of Reg- j^q^^I*^ *° istered Voters" a certificate, verified by the oath or affirma- tion of said registration officers, or at least two of them, that the said "Book of Registered Voters" contain a complete list of the registered voters of said election district, as the same are entered in the "Books of Registered Voters" of such elec- tion district. III. And the said registration officers shall, within the Certificate three days aforesaid, also append to the registers of their elec- *°nded^to tion districts a certificate that each of said registers is the offi- registers. cial register of such election district, and, so far as within their knowledge, no false or improper entries have been made therein, which certificate shall be made and verified by at least two of said registration officers. Sec. 11. («) From the decision of the registration officers Appeal to „ . . . . . n ■ resident As- grantmg or refusing registration, or striking or refusing to sociate p , . . ,. Judge or strike a name or names from the registration lists, any person other Judge, interested, or any registration officer may appeal to the Resi- dent Associate Judge of the county, or in case of his disability or absence from the county, to any Judge entitled to sit in the Supreme Court, whose determination shall be final, and in or- Decision der to prosecute said appeal it shall be the duty of the person final. taking the same to notify the ' ' Registrar ' ' of the election Notice to . . . . . registrar. district from the decision of whose officers said appeal is taken stating in said notice the time "V/hen said appeal will be pre- sented to the Resident Associate Judge of his county or such Judge of the Supreme Court as may sit for the purpose of re- ceiving and hearing such appeal which time shall be one of the Time of ° _ o j-i ^ ^ hearing ap- days hereinafter named for such Resident Associate Judge or peai. Judge of the Supreme Court to sit for the purpose of receiving and hearing appeals. (a) See Sec. 7 "a" of this Act. 312 ACTS OF THE GENERAL ASSEMBLY, Sec. 12. * # # * * # * Sec. 13. * * # # * * * Sec. 14. * # # # * # * Duties of Sec. 15. It shall be the duty of the assistant registrars in assistant ' _ registrars to tliis act provided for to make all the proper entries in the make en- tries. "Registers" and "Books of Registered Voters" as the same are required by this act to be made, except such entries as are provided for in Section 16 of this act ; and it shall be the duty of the registrar, in addition to the other duties required of him, to fill up, prepare and deliver all certificates of registra- tion that may be required by registered voters, and to receive and file all affidavits which may be filed. Additional duty of registrars. Sittings of Judges to hear appeals. Amendment. Act March 20, 1905, 23 D. L. 90. Time of sitting in September. Hour. Hearing appeals. Amendment, Act March 20, 1905. 23 D. L. 90. Sec. 16. It shall be the duty of the Resident Associate Judge of New Castle County to sit at the Levy Court room of New Castle county, and the Resident Associate Judge of Kent county to sit at the Levy Court of Kent county, and the Resi- dent Associate Judge of Sussex county to sit at the office of the Clerk of the Peace for Sussex county, or if said places cannot conveniently be had, then at such proper and suitable places in the county seat of the respective counties of this State as shall be designated by notice signed by the said Resident As- sociate Judge of his county, and posted on the door of the re- spective places aforesaid, stating where he will sit for the pur- pose of bearing appeals from the decision of the Registrars in the respective election districts in his county on [the first Tuesday in September;] in the year in which registration is required by law to be made, at 10 o'clock in the morning of said day, on which day he shall receive appeals from such per- sons as shall have appealed from the decision of the registra- tion officers of the respective election districts in his county, which shall be presented on said day, and he shall proceed to hear all appeals which shall have been filed as aforesaid on said da3% and may continue the hearing of any such appeal or appeals from day to day during the remainder of the week, and shall sit again on [the first Monday after the fourth Sat- urday in September] for the purpose aforesaid, to hear and determine such appeals as shall not have been acted upon ACTS OF THE GENERAL ASSEMBLY. 313 ***** and also such as mav be presented H^£®^'®nX • ^ So L>. i-i. yu. and filed on said last mentioned day, and may continue the hearing of any appeal or appeals then unheard from day to day during the remainder of the week, and until all appeals which shall have been filed shall have been heard and decided. The said Resident Associate Judge shall again sit for the pur- |ep|ember. pose of hearing appeals as aforesaid on the Tuesday next fol- lowing the last day of registration as provided for in this act, to receive appeals from such persons as shall have appealed from the decision of the registration officers of the respective election district in his county as aforesaid, made on the said last day of registration, and any other appeal or appeals which for any cause he may have continued from a preceding sit- ting, and shall proceed to hear all appeals which shall have 'been filed as aforesaid, and may continue the hearing of any such appeal or appeals from day to day during the remainder of the week, and shall sit again on the Tuesday next following, for the purpose aforesaid, to hear and determine such appeals as shall not have been acted upon the previous week, and also such as may be presented and filed on said last mentioned day, and may continue the hearing of any appeal or appeals then unheard from day to day during the remainder of the week, and until the close of the day next preceding the day of the election ; provided, [that appeals from the decisions of the reg- ._ -, „ -I ^ • -\ ^ ^ Amendment. istration omcers made on the first, second, third or fourth reg- Act March . 20 1905 23 istration day shall not be received on the third or fourth ap- b.' l. 96,' peal day] unless the appellant shall make oath before the said Resident Associate Judge that the delay in presenting his said delay in appeal was not for the purpose of hindering or delaying the appeal was said Resident Associate Judge or the officer of registration in der or delay. his election district in the discharge of the duties imposed upon them respectively under the provisions of this act. II. No appeal shall be received and acted upon by the Affidavit of Resident Associate Judge unless the appellant shall, at the appeal. time of presenting his appeal make an affidavit, that notice of his intention to present his appeal on this day was served upon the Registrar of his election district ; any person applying to the said Resident Associate Judge to have any name appearing on the register and books of registered voters in his election 314 ACTS OF THE GENERAL ASSEMBLY. Notice to registrar of application for correc- tions. Serving of notice. Application for correc- tion or ap- peals not to be heard on day of regis- tration. Order of Judge for making en- tries. district in any manner incorrect to be corrected shall notify the registrar of the election district on whose books such name is incorrectly entered of his intention to make application for the correction thereof, so that the said registrar shall and may be present with his register and books of registered voters to make such corrections therein as the said Resident Associate Judge shall order and direct; provided, that no correction shall be ordered to be made by the said Resident Associate Judge unless he shall be satisfied b}^ the oath of the applicant or otherwise that notice of the intended application for correc- tion shall have been given to or served upon the registrar of the appellant's election district of his intention to make said application. All notices required to be given or served by the provisions of this section upon any registrar shall be so given or served personally at least three days before the application is made, or by leaving, in the presence of an adult male per- son, a written copy of such notice at the usual place of abode of such registrar, at least three days before the application shall be made, and no application for correction or for the hearing of an appeal shall be heard upon any day which is set apart by this act as a day for the registration of voters. III. Upon the decision of the respective Resident Asso- ciate Judges on each and every appeal, the Resident Associate Judge making the decision shall order and direct the Regis- trar of the election district from the decision of whose registra- tion officers the appeal shall have been taken, and who shall be present with his "Registers" and "Books of Registered Voters" as hereinafter provided, to make such entries in his "Registers" and "Books of Registered Voters," as such regis- trar is authorized by the provisions of Section 4 of Article V of the Constitution of this State and by the provisions of this act to order and direct to be made and as are required by law to be made in said "Registers" and "Books of Registered Voters" by the registration officers in case where a person is entitled to be registered as a registered voter. * * *i 1. The above related to the payment of a $1 registration fee. It was repealed by Act March 4, 1907, 24 D. L. p. 146. (p. 327 of this volume.) ACTS OF THE GENERAL ASSEMBLY. 315 IV. All duties which are imposed upon the Resident As- ^^gj^l "^ sociate Judge of the county by the provisions of this act and "^["^f® }ud^e especially of this section shall be and they are hereby imposed ^ ^^F^fi^^^^ upon and required to be performed bv such Judge of the Su- in place of ^ ^ ^ _ ." . . such Resi- preme Court as shall at any time be sitting in any of the coun- dent Judge, ties of this State for the purpose of hearing appeals under this act, in lieu of the Resident Associate Judge of the county when he shall be unable to sit either from disability or absence from the county. Sec. 17. In order that the Registrar in each and every Registrar to bG cus- election district in this State, may be enabled to perform the todian of duties especially required of him by this act, he shall retain and keep possession of and be responsible for the "Registers" and "Books of Registered Voters" and book of registration certificates of his election district at all times excepting when being used by the registration officers of his election district for the purpose of registration ; and it shall be his dutv to at- Attendance tend and be present at all hearing^ of which he had notice be- of appeals, fore the Resident Associate Judge of the county or such Judge of the Supreme Court as may be sitting for that purpose, of appeals which shall have been taken from the decision of the registration officers of his election district and also upon-the hearing for the correction of any name or names on his ' ' Reg- isters" or "Books of Registered Voters" improperly omitted or improperly appearing or in any manner incorrect thereon, and to have with him the said "Registers" and "Books of Registered Voters ' ' and to make such entries in said books re- spectively as said Resident Associate Judge or Judge of the Supreme Court for the purpose of hearing such appeals and make such corrections, may order and direct. Sec. 18. All the powers and duties conferred or enjoined ^itej-^ate upon registrars by any of the provisions of this act, are hereby ^f^gn^gftting expressly made the powers and duties of all alternate regns- ^^^ ^ave an ^ •' ^ ° powers and trars in the absence of the registrar from his election district, duties of ° _ ' registrar. or his disability to perform the duties imposed upon such reg- istrar by any of the pro\asions of this act; and in order to enable the alternate registrar to perform the duties in this sec- tion imposed upon him, it shall be the duty of the registrar to 316 ACTS OF THE GENERxVL ASSEMBLY. deliver or cause to be delivered to the alternate registrar the pap^ns^o*^ register, book of registered voters, and book of registration to afterna^te Certificates in the custody or possession of such registrar, and registrar. qH noticcs of appeal which shall have been served upon him, whenever it shall be the duty of the alternate registrar to act in the place and stead of such registrar as provided' in this section. Registrar to Sec. 19. It shall be the duty of the registrars in the re- deliver books . ... . to inspector, spectivc election districts of this State, on the morning of the day of the general election and one hour before the opening of the polls for said election, to deliver to the inspector, or other person authorized to hold said election in his, the said regis- trar's election district, one of said "Kegisters" and one of said ' ' Books of Registered Voters ' ' in his possession, certified to as hereinbefore provided. And the other of said "Registers" to- gether with the other of said "Books of Registered Voters" and the books of registration certificates, containing unused certificates, together with alJL other papers or documents relat- ing to the registration of voters, he shall retain in his posses- Tokeep ^^*^^ ^^^ safely keep, but the same shall at all proper times be safeiy'^""^^ open to the inspection of any one desiring to examine the same, without fee or reward, and also any one desiring to do so may be permitted to make copies or partial copies of anj^ of said lists, books, documents or papers. Registrar to II. And within one week after the following general elec- deliver du- . . , _ . . plicate books tion lie shall deliver the said duplicates in his possession to the to the Clerk ^, . „ „ of the Peace. Clerk of the Peace of the county in which he resides, who shall safely keep the same, in his office, and the same shall be open to public inspection at all convenient times as other public records in the office of said Clerk of the Peace. Registrars Sec. 20. Each of the Registrars shall in addition to the powers of'*^^ other powers conferred upon him by this act have, during the the Peace, respective times of the appointed sittings for registration, the powers of a Justice of the Peace to preserve order and enforce obedience to his lawful commands at or around the place of registration; to keep access to such place open and unob- structed, to prevent and suppress riots, tumults, violence and ACTS OF THE GENERAL ASSEMBLY. 317 disorder at. around or near the place of registration, tending to intimidation, or to the obstruction of the work of registra- tion and to protect and keep safe the registers or books for the registration of voters while in his and the assistant registrars' custody and possession. He may compel the presence of wit- compei^at- nesses before them while sitting with the assistant registrars witnesses"^ as registration officers, for all purposes connected with the per- formance of the duties of their office, by summons and attach- ment, and shall have power to administer oaths and affirma- A^maUons.^" tions. He may, Avhile sitting as such officer of registration, commit for trial any person committing at, or around the place of registration a breach of the peace, or any offence for- bidden by this act. He shall have the power to issue any of ofTff^nd^re.^ said summons, attachments or commitments, when sitting in ^^ whom any election district in this State to the Sheriff of his county ^e^^stfed!^^ or to any Constable thereof. All such process shall be served service of by said officers in the same manner as if they were issued by a process. Justice of the Peace within such county. II. The Sheriff or Constable in any county of this State, Fees of of- . fleers serv- wlio shall serve any such process shall receive the same fees ing process. and in like manner as it is or may be by law, provided that he shall receive fees in other State cases. But no registrar shall Registrars . not to re- charge or receive any compensation for anv service rendered ceive com- "- ' .'..,,.. pensation in accordance with the provisions of this section m addition to for this ser- . . vice. the compensation or salary provided for m this act. Sec. 21. Each registrar shall receive five dollars per day compensa- for each day of actual service, either when sitting for the pur- trar.° '*^^' ' pose of registration or in attendance upon the hearing of ap- peals before the Resident Associate Judge of the county, or such Judge of the Supreme Court as may sit for hearing such appeals.^ **#**#**** II. And each assistant registrar shall receive five dollars JJon of as^' per day for each day of actual service, w^hen sitting for the fjtra?.* ^^^' purpose of registration. 1. Registration fee abolished. Act March 4, 1907, 24 D. L. p. 146. (p. 327 of this volume.) (The stars referred to the old registration fee.) 318 ACTS OF THE GENERAL ASSEMBLY. Compensa- tion of al- ternate reg- istrar. III. And each alternate registrar shall receive five dol- lars per day for each day of actual service, when sitting in the place of the registrar for registration, or in attendance upon the hearing of appeals before the Resident Associate Judge of the county or such Judge of the Supreme Court as may sit for hearing such appeals.^ ****** * Ascertain- IV. It shall be the duty of the Lew Court in each of the ment of .... amount of couuties in this State, at its November session, to ascertain the 'compensa- tion by Levy amount of compensation under this act due the registrars, al- Court. . , . . . . ternate registrars and assistant registrars m their respective counties, and when so ascertained, the president of the said Levy Court shall certify the same to the State Treasurer, who Payment. shall thereupon pay to the persons entitled the sums severally due them out of any money appropriated for that purpose. Cost of printing, rent, sup- plies, etc. How paid. Bringing, taking, or- dering, or sending .spirituous liquor's into or drinking same in place of reg- istration. Penalty. V. The cost of printing and posting the alphabetical lists contained in the books of registered voters aforesaid, and of printing and mailing the notes required by this act, and the rent of the room or rooms used by the said registration officers in the performance of the duties required by this act, the cost of printing any forms or blanks that mny be required, and the cost of the necessary ink and stationery used by them pro- vided for by this act, shall be paid bj^ the Levy Courts of the respective counties upon proper vouchers. Sec. 22. Whoever, during the sitting of the registration officers in any election district in this State, shall bring, take, order or send into, or shall attempt to bring, take or send into any place of registration, any distilled or spirituous liquors whatever, or shall at any such time or place, drink or partake of any such liquor, shall be deemed and held to be guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than ninety days, or by a fine of not more than one hundred dollars, or both.- 1. See note to Sec. 21 of this Act, p. 317. 2. See Act May 13, 1891, 19 D. L. p. 150, Sec. 32. (p. 290 of this vol- ume.) See also p. 397 of this volume. ACTS OF THE GENERAL ASSEMBLY. 319 Sec. 23. If any registrar, alternate registrar, or assistant fnfi^e"'^"*^ registrar, shall fraudulently enter or fraudulently permit to auerftfons be entered in any register, the name of any person as a regis- j.^ ^{3°^^!° „ tered voter who is not entitled to be entered therein as a regis- tered voter, or if any other person not authorized by the proper registration officers shall enter into any register the name of any person as a registered voter, or if any registrar, alternate registrar or assistant registrar shall fraudulently re- fuse or omit to register, or shall fraudulently misspell in any register or in any book of registered voters in his charge, the name of any person entitled under the provisions of this act to have his name entered in such register or book of registered voters, or if any registrar, alternate registrar, or assistant reg- istrar, shall fraudulently strike from any register or from either of said books of registered voters in his charge the name of any person entered therein; or if any other person not au- thorized by the proper registration officers shall strike from any register or from any book of registered voters the name of any person entered therein; or if any registrar, alternate registrar, or assistant registrar, shall make any entry or entries in the said register, or books of registered voters, except at the times and in the manner hereinbefore provided, or if any reg- istrar, alternate registrar or assistant registrar, shall do any- . / thing which is by this act forbidden by him done, or shall omit to do anything which is by this act required to be by him done, he shall be deemed guilty of a misdemeanor, and upon convic- tion thereof by indictment, shall be fined not exceeding five hundred dollars, or be imprisoned not exceeding three years, or may be both fined and imprisoned at the discretion of the Court. Sec. 24.^ If any person shall cause or attempt to cause Person himself to be registered in the name of any other person living himself to or dead, or under any fictitious name, or shall cause or attempt fuiiy regis- to cause himself to be registered in any election district in this State, knowing that he has not the right to be registered ; («) or if any person, knowing himself to be registered in any election 1. See Act May 13, 1891, 19 D. L. pp. 155-6, Sees. 46 and 47. (p. 298 of this volume.) 320 ACTS OF THE GENERAL ASSEMBLY. Or by in- timidation 01' bribery, interfere with regis- tration of others. Assault, riot, breach of peace. Penalty. district in this State shall cause or attempt to cause himself to be registered in any other (^) election district in this State without having first caused his name to be stricken from reg- ister and books of registered voters in which he may have been previously entered; or if any person, knowing himself to be disqualified as a voter at the next following general election shall cause or attempt to cause himself to be entered on the registers in any election district in this State as a registered voter therein, knowing that he is not at that time a qualified voter and will not become so by the next following general election ; (c) or if any person shall by force, threat, menace, in- timidation, bribery or anj' unlawful means, prevent or hinder, or attempt to prevent or hinder any person having a lawful right to have his name entered on the registers in any election district in this State from duly exercising such rights, or shall compel or attempt to compel by any such means, any registrar, alternate registrar, or assistant registrar, to enter on their reg- ister the name of any person not legally entitled to be entered therein, or to refrain from entering on their registers the name of any person legally entitled to be entered thereon, or shall lawfully interfere with any registrar, alternate registrar, or assistant registrar, in the discharge of his duties under this act; or if any person shall make any assault or commit any as- sault and battery, (/') or incite or create any riot or breach of the peace at or near to any place of registration in this State, during the sitting of any registration officers, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined not exceeding five hundred dol- lars, or be imprisoned not exceeding three years, or may be both fined and imprisoned at the discretion of the Court.^ (a) See Sec. 33 "b" of the preceding Act, and the case of State vs. Vincent, 1 Marv. 560 at 562. (yr. 1895) (b) See Sec. 33, "a" of the preceding Act, and the cases of State vs. Caldwell, 1 Marv. 555 at 559. (yr. 1895) State vs. Lally, 2 Marv. 424 at 428. (yr. 1895) (c) See note "a" of this section. (d) See Sec. 47, "a" of the preceding Act, and the cases of State vs. Anderson, 1 Marv. 526 at 527. (yr. 1893) State vs. Bell, 5 Penn. 192 at 195. (yr. 1904) See Sec. 27, "a" of same Act. 1. See Act May 13, 1891. D. penalty, (p. 290 of this volume.) L. p. 150, Sec. 33, providing a different ACTS OF THE GENERAL ASSEMBLY. 321 Sec. 25. If any registrar, alternate registrar or assistant ^°o^s by registrar, inspector or judge of election shall lose any register o^^ers^*^'°" or book of registered voters which may be in his charge or cus- tody, or if any of such officers or any other person shall will- destruction, fully destroy, mutilate, deface, falsify («) or fraudulently re- ^"tiiation, move or secrete any register or book of registered voters, or shall knowingly make any false entry in or false copy of any regis- ^^j^^ ^^_ ter or part of any register, or fraudulently make any entry, tries etc. erasure or alteration in any alphabetical list of registered voters, as contained in any book of registered voters, he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined not exceeding five hun- penalty. dred dollars or be imprisoned not exceeding three years, or maj' be both fined and imprisoned at the discretion of the Court. (a) See Sec. 40, "a." of the preceding Act, and the case of State vs. Brand, 2 Marv. 459 at 462. (yr. 1897) Sec. 26. If any person shall mutilate, deface, pull down Mutilation, or destroy at anj- time before the last sitting of the registra- pulling down tion officers any printed copy of the alphabetical list of regis- fng afpha^ tered voters, when the said lists are hung up as provided in ^ '"^ Section 9 he shall be deemed guilty of a misdemeanor, and upon conviction thereof by indictment shall be fined not ex- ceeding one hundred dollars or be imprisoned not exceeding penalty, one year, or may be both fined and imprisoned at the discre- tion of the Court. Sec. 27. In any case of a special election held in this ^^^^g^'^^'J^J^ State it shall be the duty of the Registration officers of the i"©- ei'ectFon'^^ spective election districts in this State, hereinbefore provided for, to sit on the third and fourth Saturdays immediately pre- ceding the day of such special election, from 8 o'clock A. M. until 7 P. M., Avith an intermission from 12 to 1, at the place where the following special election will be held, or at some convenient and suitable place in the town or village in which such election will be held, and at such sittings to add to the registers and books of registered voters aforesaid of their re- spective election districts the names of all persons applying to them who may have become qualified to vote since the day of 322 ACTS OF THE GENERAL ASSEMBLY. the last general election, or who may become qualified to vote. by the day of such special election. StHe^" """"^'^ II- ^^cl it shall be the duties of such registration ofdcers in adding any new names to make the same entries in the reg- isters and books of registered voters aforesaid, as they are hereinbefore required to make when sitting as registration of- ficers before any general election. officei^^to °" III- The said registration officers, within one w^eek before taookYfrom their first sitting as provided for in this section, shall procure the'pesfce. from the Clerks of the Peace of their respective counties the two registers, and the two books of registered voters and the book of registration certificates which shall have been deliv- ered to the Clerks of the Peace as hereinbefore provided. ci'erk of I"^^- I* ^^^^^ ^^6 the duty of the Clerics of the Peace in the uvertjooks^' ^^vcral countics to deliver said books to the said registration officers when the same shall be applied for as aforesaid. Delivery of V, In delivering one of the "Registers" and one of the by°registra'- "Books of Registered Voters" and the book of registration tion o cers. Qgp^ig^ates to the inspector or other person authorized by law to hold the special election in his election district, as herein- before provided, it shall be the duty of said registrar to de- liver the register and the book of registered voters, which was not used at the previous general election and the other of said registers and the other of said books of registered voters shall be delivered by the several registrars to the Clerks of the Peace of their respective counties within' one week after such special election. Sec. 28. All Acts and parts of Acts supplied («) by or inconsistent with this Act are hereby repealed. Approved May 27, A. D. 1898. (a) This Act covers a great deal of what is contained in the pre- ceding Act of May 13, 1891, but not alh It has supplied portions of cer- tain sections of the above Act, with slight changes, but not the sections in their entirety, leaving the remaining portions of the sections in an un- satisfactory, and (in some instances,) uncertain state. Neither Act, as far as the City of Wilmington is concerned, Avould be complete, standing ACTS OF THE GENERAL ASSEMBLY. 323 alone and by itself. A newly drawn registration law, and also election law, are much needed. As to repeal by a later Act siipplying a prior Act, or a portion of it, see the case of Husbands vs. Talley, 3 Penn. 88 at 99. (yr. 1901) AN ACT Concerning the Appointment of Registration Officers -i d. l. 63. and the Preparation and Delivery of Eegistration Books. Section 1.^ * * *:= :^? * * * * Sec. 2.= ******** * Sec. 3. It shall be the duty of the Governor to cause the following books to be prepared, at the expense of the State, for of books. the use of the said registration officers in each election dis- •trict in this State including those in the City of Wilmington for the registration of names and facts following, to wit : I. Two books for the registration officers in each election Registers. district, including those in the City of Wilmington,- to be known by the general name of "Registers," and to be so ar- ranged as to admit of the convenient entry of the following particulars :^ First. * * * * ** * * Second. ***>::= ^* * * * Thii'd * ******* Fourth.* His age. Fifth. The place of birth. Supplied, Act May 27, * 1S98, 21 D. L. 70, Sec. 4. Part Second. "" Repealed. Act March 4, „ 1907, 24 D. '^ L. 146. Repealed. Act March 14, 1901. 22 D. L. Ill, Sec. 1. 1. This section refers to the appointment of Registration Officers outside of Wilmington, by the Governor. The duties prescribed by this section are performed, for "Wilmington, by the Department of Elections. See Act May 20, 1898, 21 D. L. p. 140, Sec. 3, Parts IV, V, VI, VII and VIIL (pp. 332-333-334 of this volume.) 2. This section refers, principally, to the qualifying of the Registrars, &c., outside the City of Wilmington, by the taking of oath. As to the City of Wilmington, see Act May 20, 1898, 21 D. L. 143, Sec. 4. (p. 335 of this volume.) 3. See Act May 27, 1898, 21 D. L. 70, Sec. 4, as to entries to be made, (pp. 303-304-305 of this volume.) 4. See Act March 14, 1901, 22 D. L. p. Ill, Sec. 2, which provides that the entry shall be: "Twenty-one and upwards." (p. 326 of this volume.) 324 ACTS OF THE GENERAL ASSEMBLY. Sixth. The place of his residence, of street and number, if any, and his post office address. Seventh. The time of his residence in the State, county and election district in which he shall apply to be registered. Eighth. If naturalized. Ninth. If registered voter. Tenth. If disqualified. Eleventh. Date of application for registration. Twelfth. If challenged. Thirteenth. Cause of challenge. Fourteenth. Appeal. Fifteenth. Remarks, explanatory and supplementary. style of books. II. Such Registers shall be uniform in their general char- acter, shall be ruled in parallel columns, and shall be of such size as to contain not less than fifteen hundred names. Ruling and headings. III. The ruling and the heading in the above described Registers shall be substantially in the form following, to wit : Repealed, Act March 4, 1907. 24 D. L. 14G. Repealed. Act March 14, 1901. 22 D. L. Ill, Sec. 1. .Name . Age' .Nativity . Residence State Election District }Term of Residence. Naturalized .Registered Voter . . . .Disqualified .Date of Application , If Challenged .Cause of Challenge . 1. See p. 323, note 4. ACTS OF THE GENERAL ASSEMBLY. 325 .Appeal . , Remarks Second. Two books for the Registration officers of each ggoks of election district, to be known by the name of ' ' Books of Reg- yofers^''®"^ istered Voters." («) Lists of all persons whose names may be entered on the aforesaid as ' ' registered voters. ' ' Said books to be ruled in parallel columns and so arranged as to admit of the Rulings. convenient entry in alphabetical order of the name of every person who may be entered on the registers aforesaid as a "Registered Voter," and in the parallel column opposite the name of such person the following particulars, to wit : (a) These "books of qualified voters are the best evidence of an elector's right to vote, but he may be asked as a witness," (in Court, without producing the books,) "if he did in fact, vote at " an " election. ' ' State vs. Matlack, 5 Penn. 401 at 402. (yr. 1905) (Syllabus.) First. His residence. ^Second. His color. ^Third. His age, if it is between the age of twenty-one and twenty-two years on the day of the next general election. Fourth. A book to be known as "Registration Certifi- Registration C c r t i fi c 9. t c s cates, " to contain not less than fifteen hundred blanks and printed in manner and form as hereinafter provided.^ Sec. 4. The Sheriff of each county shall, some time pre- Delivery of vious to the last Saturday in the month of July, in the year sheHff!^^ of holding the general election, deliver to the Registrar of each election district of his county, two of the books known as ' ' Registers, ' ' two of the books known as ' ' Books of Registered Voters," and a book of Registration certificates hereinbefore provided for; which said books addressed to the Registrar of each election district of the county, the Governor shall cause deliver books to be delivered to the Sheriff in each of the counties of this ^^^^^ 1. The entry as to "Color" is made in "Books of Registered Voters." but not in the "Registers." Act May 27, 1898, 21 D. L. p. 74. Sec. 6; (p. 307 of this volume), and Act March 14, 1901, 22 D. L. p. Ill, Sec. 1, (p. 326 of this volume.) 2. See also Act May 27, 1898. 21 D. L. p. 74, Sec. 6. (p. 307 and p. 326 of this volume.) 3. See above Act, Sec. 6, II, (p. 307 of this volume.) 326 ACTS OF THE GENERAL ASSEMBLY. State on or before the third Tuesday in July in the year of holding the general election. Endorsement Sec. 5. Eacli of the Said Registrars immediately upon re- registrars. ceiving said "Registers," "Books of Registered Voters" and book of "Registration Certificates" shall endorse upon the back and write at the head of each ' ' Register, " " Book of Reg- sitered Voters," and "Registration Certificates," delivered to him as aforesaid, the name of the county and the name of the election district of such county of which he is a registrar and of which such books shall respectively be the "Registers," "Books of Registered Voters" and book of "Registration Cer- tificates" as aforesaid. Sec. 6. All Acts and parts of Acts supplied by or incon- sistent with this Act are hereby repealed. Approved May 20, A. D. 1898. 22 D. L. 111. AN ACT in Belation to Registration Books which it is the Duty of the Governor to cause to he prepared for the use of the Registration Officers in each Election District in this State iiicluding those in the City of Wilmington and certain entries thereon. Registration SECTION 1. That hereafter it shall not be necessary to en- books not to _ *' contain col- tcr the color of the person applying to be registered on the umns for en- ^ i jr ^ o o tries as to books kuowu as Registers which it is the duty under the laws color. p ■ of this State for the Governor to cause to be prepared for the use of the Registration Officers in each Election District in this State, including those in the City of Wilmington for the registration of voters, and that hereafter such Registers shall not contain columns for entries as to color. Specific age Sec. 2. That after this Act becomes a law, it shall not be stated. lawful to enter the age of any one applying to be registered on the books aforesaid in the column headed "age," but it shall be sufficient to enter that the applicant is "twentj^-one and up- wards. ' ' ACTS OF THE GENERAL ASSEMBLY. 327 Sec. 3. That all acts or parts of acts inconsistent here- with be and the same are hereby repealed. Approved March 14, A. D. 1901. AN ACT proposing an Amendment to Section 4 of Article V, 23 d. l. 11. of the Constitution of this State hy striking out of said Section all thereof which requires the payment of money as a Qualification to Register. Section 1. That Section 4 of Article V of the Constitu- Proposed tion of this State, be and the same is hereby amended by strik- to sec. 4, Art 5 of the ing out of said Section 4 the following words : ' ' and each voter constitution shall, at the time of his registration, pay a registration fee of registration one dollar, for the use of the county where such registration is paid. ' ' Approved March 30, A. D. 1905. AN ACT Striking Out of the Statutes of the State of Dela- 2^ d. l. 146. ware all Provisions in Relation to the Payment of a Regis- tration Fee as a Qualification to Vote. Section 1. That all provisions in the Statutes of the Registration r^'n-r^i • 1 • 1 p • ■ f^® abOl- State of Delaware m relation to the payment, 01 a registration ished. fee (^) as a qualification to vote be and the same are hereby stricken out, repealed and made null and void. Sec. 2. That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved March 4, A. D. 1907. (a) The right to vote, now, is "free." One hundred years before 1797 the payment of a poll tax was a prerequisite to exercising this privi- lege by '■ ' those who had no property. " " Penn made the electoral quali- fication one entirely of property." (63) Then came our tax, then the registration fee of $1, and noAV it is "manhood," with conditions in re- gard to registration and residence, and ability to read the Constitution in the English language, and write one's name; and prohibitions in regard to paupers, insane persons, felons, &c. Not so many years ago such a state of affairs was declared to be Utopian. Comegys, C. J.: "Such modern ideas as manhood suffrage (if by that be meant a suffrage because of full age,) bal- lot for all, and slavery without the ballot, were properly left to be evolved out of the consciousness of visionary theorists, with aspirations for a 328 ACTS OF THE GENERAL ASSEMBLY. State of society dreamed of only by those who would substitute or poor humanity for the great Creator. " Frieszleben vs. Shallcross et al, 9 Houst. 1 at 6o. (yr. 1890) (See p. 8, par. 8 "a" of Borough Charter.) ACTS OF THE GENERAL ASSEMBLY. 329 CHAPTER XI. ACTS IN RELATION TO ELECTIONS. Page I Act Creating a Depart- 9. merit of Elections for the City of Wilmington 329 10. Act More Clearly Defining the Duty of the Depart- ment of Elections in the City of Wilmington 337 11. Act Requiring Depart- ment of Elections to Designate Place for Hold- ing Elections 337 ] 12. Act Increasing the De- partment of Elections to Five Members 338 Act Extending the Terms 13. of the Department of Elections Six Years 341 Act to Provide for the 14. Purity of Primary Elec- tions In New Castle County 341 Act to Provide for the Se- 15. crecy and Purity of the Ballot 368 Act to Further Provide for the Secrecy and Pu- rity of the Ballot 387 I Page An Act Prohibiting Bet- ting on Elections 393 Act Requiring Ballots to be IVlarkced with an In- delible Black Lead Pencil or Crayon 394 Act Creating the Office of Voters' Assistant, and Prescribing the Duties Thereof 396 Act Prohibiting Sale or Distribution of Intoxicat- ing Liquors Within One Mile of Election Place 397 Act in Relation to Muni- cipal Elections to be Held in the City of Wilmington 397 Act Applying the Provis- ions of Certain Election Laws to Municipal Elec- tions 414 Act to Authorize the Sub- mission to the People of Wilmington of Question of Public Policy in Con- nection with City Affairs 415 AN ACT Creating a Department of Elections for the City of 21 d. l. 139. Wilmington. Section 1. That for the objects and purposes herein- Appointment after set forth the Governor of the State of Delaware shall ment of „ - . Elections of in the manner and at the tnnes and lor the terms set torth m city of wii- • 1 If ^ -J. £ niington. Section 2 of this act appoint Hhree persons or the city or Wilmington, who shall constitute a Department of Elections 1. Board enlarged to consist of five members. Act March 8, 22 D. L. p. 117, Sees. 1 and 2. See p. 338 of this volume. 1901, 330 ACTS OF THE GENERAL ASSEMBLY. for the said city of Wilmington, and with the powers and duties prescribed in the sections following. Offices of present members of department continued. Appointment of succes- sors. Qualifica- tions of ap- pointees. Members not to hold other offices. Vacancies, how filled. Political complexion. Oath. Sec. 2. That the terms of office of the present members of the Department of Elections for the city of Wilmington, as the same was constituted pursuant to the provisions of Chapter 39, Volume XIX, Laws of Delaware, shall not be va- cated, but the said officers shall continue during the original term thereof, and said members shall during the continuance of their respective terms be members of the Department of Elections for the city of Wilmington created by this act. At the expiration of the term of office of the said member which shall be the first to terminate and biennially thereafter the place of the retiring member shall be filled by appointment by the Governor for the term of six years. Xo person shall be eligible to appointment as a member of said Department of Elections Avho is not a citizen of the United States of America and a resident in the said city for which he is ap- pointed, and who has not resided therein for a term of five years next preceding his appointment. Xo member of said Department of Elections shall hold or be a candidate for any elective office during his membership in said department, nor until the expiration of six months after he shall have ceased to be a member of said department. When any vacancy occurs in said department by or from any cause whatso- ever the Governor aforesaid shall fill the unexpired term by appointment, but at no time shall all the members of said department be of the same political faith and opinion. Each of said members shall hereafter before entering upon his duties and within one month from the time of his appoint- ment take and subscribe and file in the office of the Clerk of the Peace of the county wherein he resides an oath^ or af- firmation that he will perform the duties of his office with fidelity and impartiality. The members of the Department 1. See Act March 8. 1901. 22 D. L. p. 118. Sec. 6 as to oath of oflSce. p. 340 of this A'Olume. See also Article 14 of the Constitution. xVCTS OF THE GENERAL ASSEMBLY, 331 of Elections shall meet and organize^ said Department of Organiza- Elections, by this act constituted, by selecting one of their number to be President, whose term of office shall continue for one year from the date of such organization, when and biennially thereafter the said Department of Elections shall select one of their number to be President. Each member of oncers, the Department of Elections shall receive as compensation compensa- for his services in any year in which there is held a general or special election a salary of five hundred dollars, said com- pensation to be paid as hereinafter provided.^ Sec. 3. The duties of the members of the Department Duties of of Elections shall be as follows :^ ^^^^ ^ " ' I. They shall, on or before the first day of June next, Division of preceding the time of the first registration held under the election dis- provisions of this act, and in every sixth year thereafter, on or before the first day of June, divide the city into as many election districts as they shall deem necessary, and shall es- tablish the boundaries thereof. Provided that each election district shall contain as near as may be, not more than three Number of hundred, nor less than one hundred qualified voters. And district, further provided, that each of said election districts shall be entirely within the boundaries of one representative district, be within And on or before the first day of June A. D. nineteen hun- sentat?ve dred, and biennially thereafter, said department of elections may divide such of the election districts, and such only as, by the election last preceding such division, shall be found subsequent to contain a greater number of voters than can conveniently vote therein. They shall also designate each of said election Designa- districts by appropriate titles or distinctions.* II. Tliev shall have power to dismiss any Registrar at Dismissal " . ^ ^ Qf regis- any time and supply his place with another person. They trars. 1. See same Act, 22 D. L. p. IIS, Sec. 6 as to time of organizations, election of officers, &c. (p. 340 of this volume.) 2. See Sec. 3, II of this Act. pp. 331-332. 3. For powers previously conferred see 19 D. L. p. 128 (Sec. 3) et seq., p. 273 this volume, and 21 D. L. p. 146 at p. 337 this volume, more clearly defining- the duties of the Department of Elections in the City of W^il- mington. 4. And shall designate some suitable place for holding the elections therein. Act June 1, 1898,- 21 D. L. p. 94; p. 337 of this volume. 332 ACTS OF THE GENERAL ASSEMBLY. Employees. Limit of expense. How paid. Appointment of registrars. Removals. Vacancies. Appointment of registra- tion officers. Qualifica- tions. Politics. Division be- tween parties. Furnishing of lists for officers. Time. may also employ a clerk, counsel and such other assistants as, in the judgment of the members of said Department of Elections, shall be necessary and proper for the faithful per- formance by it of the duties by this act imposed; provided the expense thereof shall not exceed fifteen hundred dollars in any one year in which the general election is held, which said sum shall not include the compensation of members of the Department of Elections and Registrars, to be paid upon warrants of the president of the Department of Elections in the same manner as is provided for the payment of the legal compensation of members of said Department of Elections.^ III. They shall, hereafter, appoint all registrars in the City of Wilmington, and shall make all necessary removals of registration officers, and fill all vacancies which from any cause occur. IV. They shall in the month of June, in each year in which a general election is held, appoint for each election district in the City of Wilmington three capable persons, who shall be voters and residents in the Election District, for which they shall be appointed, who shall be the registra- tion officers of the election district for which they are ap- pointed; one of whom shall be designated as "Registrar," and the other two "Assistant Registrars," and not more than two of them shall be of the same political faith; pro- vided, that the total number of registration officers in each representative district shall be divided as equally as possible between the two leading political parties, as the same shall be determined upon by the department of elections at the time of making the appointments. And further, for each appointment accredited to any political party under this sec- tion the City Executive Committee of such political party shall furnish the Department of Elections on or before the first day of June of the year in which said appointment is to be made, a list of three names of properly qualified persons, from which list the Department of Elections shall make its appointments. 1. See Sec. 5 of this Act, p. 336. See Act April 6, 1S93. 19 D. L. 985-6, Sees. 6 and 9, Municipal Election, (pp. 399 and 401 of this volume.) And see Act May 13, 1891, 19 D. L. 128, Sec. 2. (p. 272 of this volume.) ACTS OF THE GENERAL ASSEMBLY, 333 Provided, however, that if the said lists of names are ^otluj}.''^'^ not furnished as aforesaid, then and in that event the De- nished. partment of Elections shall appoint some suitable person, or Department to select. persons, of such political party having all the qualifications provided by this section. The terms of office of such Registration officers shall be- when terms gin on the first Tuesday in July next after their appointment begin.*^^ and shall continue for two years thereafter, and until their Term, successors shall be duly chosen and qualified, unless sooner removed as provided in this act. V. They shall also when appointing Registration of- ficers for the several election districts of the city of Wilming- ton at the same time appoint in each election district in the said city one capable person, who shall be a voter and resi- dent in the election district for which he shall be appointed, Alternate to be "Alternate Registrar" for the said election district. ^^^'^^''^^'• The term of office of said "Alternate Registrar" shall be the ^erm of same as that of the Registrar, and whenever the Registrar office. provided for by this act shall be incapable from any cause whatsoever of performing the duties required of him by the laws of this State, the Alternate Registrar in the same elec- when to sit. tiou district shall act in his stead, and while acting shall pos- sess all the powers and do and perform all the duties of a ^uties.^ ^"*^ Registrar. VI. But nothing herein contained shall authorize or „„ '^ ^^Hien alter- empower the Alternate Registrar to act at any time wiien nate not to there is a Registrar of the election district able and willing and present to act. If any Registration officer or Alternate Registrar shall remove from the election district for which he shall be appointed, or shall cease to be a voter therein, his office shall thereupon become vacant. vacancies. VII. If any vacancy' or vacancies should occur in the vacancies in *' refiristration office of Registrar, Assistant Registrar or Alternate Regis- office, trar, before the expiration of such term, from any cause whatsoever, the said Department of Elections shall appoint . ;. ^ ^„ ^^ How filled. some suitable person or persons to fill such vacancy or va- 334 ACTS OF THE GENERAL ASSEMBLY, Term of appointee. Qualifica- tions, pow- ers, etc. Oath of registration officers. Form. Officers be- coming can- didates to vacate office. How filled. Officers to be ineligible to be voted for. cancies who shall serve for the residue of such unexpired term or terms, who shall possess the same qualifications and be qualified in the same manner, possess the same powers and perform the same duties as the original appointee or ap- pointees. Each Eegistrar, Assistant Registrar and Alternate Registrar before entering upon the duties of his office, shall take and subscribe before the Clerk of the Peace of the county in which he shall reside the following oath or affirma- tion which the said Clerk of the Peace is hereby authorized to administer: 'I residing in Election District of Representative District in County, do solemnh'^ swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Delaware, and that I will faith- fully discharge the duties of the office of Registrar (Assist- ant Registrar or Alternate Registrar) for Election District in Representative District in County faithfully, honestly, fairly, impartially and accord- ing to the best of my ability; that I am a citizen of the United States and of the State of Delaware, and am not a candidate for any office to be voted for by the election dis- trict for which I am appointed Registrar (Assistant Regis- trar or Alternate Registrar) , and that I am a qualified voter in said election district." («) (a) See Art. 14 of the Constitution. See the case of State vs. Matlack, 5 Peuu. 401 at 420-422. (yr. 1905) VIII. Should the said Registrar, Assistant Registrars or either of them or Alternate Registrar after taking said oath and before entering upon the active duties of the said office become a candidate for any office to be voted for by the electors of the election district for which he is appointed Registrar, Assistant Registrar or Alternate Registrar, the said office shall ipso facto become vacant and be filled by the appointment of another person to the same. After any Reg- istrar, Assistant-Registrar, or Alternate Registrar shall have entered upon the active duties of his office he shall thereby become ineligible to any office to be voted for at the next ensuing general election. ACTS OF THE GENERAL ASSEMBLY. 335 Sec. 4. Each and every person appointed as aforesaid ^^i"oath^and to act as Registrar, Assistant Registrar or Alternate Regis- qualifying. trar shall qualify as such Registrar, Assistant Registrar or Alternate Registrar by taking and subscribing the oath or affirmation prescribed in the preceding section within ten days after being notified of his appointment and shall per- form the duties of the office for the time for which he was appointed, unless lis shall become disqualified by sickness or otherwise. But any Registrar, Assistant Registrar or Alter- nate Registrar, who shall be appointed to fill a vacancy, shall Appointees qualify forthwith. And if any Registrar, Assistant Regis- 1° quaufy^^^ trar or Alternate Registrar, who being appointed either for forthwith. a full term or to fill a vacancy, shall refuse to qualify as aforesaid, or having qualified, shall fail or refuse to per- Refusal to jform any of the duties of said office, he shall forfeit and pay ^^^i^^ J'- to the State a fine of one hundred dollars, upon conviction thereof by indictment in the Court of General Sessions of Penalty, the county where such offense was committed. The Department of Elections shall deliver a certificate J/^^jofnt^- of appointment to wdiomsoever it shall appoint and who shall ment. be sworn into office as Registrar, said certificate to be in such ^^^^ ^^ form as shall be prescribed by such Department of Elections, specifying the election district in and for which the person to whom the same is issued is appointed to serve, and the date of the expiration of his term of office. The Department of Elections shall have full power and authority to remove ^g™ tration any of the registration officers appointed by them as afore- officers. said for want of requisite qualification or cause, but in either of such case such removal, unless made while the Registrars are actually on duty, on a day of registration, and for im- proper conduct as a registration officer, shall only be made after notice in writing to the officer sought to be removed, which notice shall set forth clearly and distinctly the reasons for removal. Any person appointed to fill any vacancy shall serve for the unexpired term of the person whose office he is appointed to fill. The registration officers during the time they hold such ^gist^fffon^ office shall be exempt from the performance of military and^ffi"^®'"^- 336 ACTS OF THE GENERAL ASSEMBLY. DisquaHfica-^ j^^py cluty, and DO person who by the laws of the State is ex- of ''^^i^^g^g empt from jury duty shall be required to serve as registra- tion officer. Limit of rent. Office of De- Sec. 5. The said Department of Elections may rent some partment of. . . -i- -, r> Elections. suitable and convenient place m the said city, and lit up the same for an office for the use of the said Department of Elec- tions at a yearly rental not to exceed three hundred dollars, to be paid upon warrants of the President of the Department of Elections in the same manner as is provided for the pay- How rent to mcut of the legal compensation of members of said Depart- be paid. ^ ^ -r^i ^- ment of Elections. mento°/e^om- ^^^- ^- "^^^^ legal compensation of all members of the member" o°f^ Department of Elections shall be paid quarterly, on the last department, ([^y^ of March, Jiuie, September and December, by the State Treasurer out of any money belonging to the State, not otherwise appropriated. Neglect of duty or cor- rupt or fraudulent practices of members of department. Penalty. Sec. 7. If any members of the Department of Elections, of whom any duty is required in this act, shall be guilty of any wilful neglect of such duty, or of any corrupt or fraudu- lent conduct or practice in the execution of the same, he shall on conviction thereof, be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the couniy jail for not more than two years, or by a fine of not more than two hundred dollars, or both. Sec. 8. It is hereby made the special duty of the De- Department to notify Gen*era1^of partment of Elections to notify the Attorney General of all of*^lct!°"^ violations under this act. Sec. 9. All Acts and parts of Acts supplied by or incon- sistent with this Act are hereby repealed. Approved May 20, A. D. 1898. ACTS OF THE GENERAL ASSEMBLY. . 337 AN ACT more clearly defining the duty of the Department of -i ^- ^- 1^^- Elections in the City of Wilmington. Section 1. That the Department of Elections of the City Powers and privilBg'es of of Wilmington shall have and exercise all the powers and Department • -1 • 1 • 1 • 1 1 n 1 i? 1 1 1 1 o^ Elections. privileges m respect to elections, which shall hereaiter be held in said city, which the Department of Elections had and pos- sessed by virtue of an act of the General Assembly, entitled ' ' An Act to provide for the Registration of Voters in the City of Wilmington," passed at Dover, May 13, A. D. 1891,^ shall select election places in the respective districts, appoint all election officers with power to remove the same, and have all other powers and privileges exercised and possessed by said Department of Elections, in respect to elections under this act. Sec. 2. Nothing in this act shall be construed to repeal Not to im- or impair any act or part of an act passed by the present ses- fsfws. sion of the General Assembly. Approved June 1, A. D. 1898. AN ACT in regard to General Election. i893. 21 d. ' L. 94. Section 1. The general election in and for the several General counties of this State, on the Tuesday next after the first Mon- ^here'heid. daj^ of November, shall be held in the respective election dis- tricts of the Representative districts of said counties, at the places hereinafter appointed for that purpose, that is to say. FOR THE CITY OF WaLMINGTON. The Department of Elections for the City of Wilmington. Department ^ "^ ° ' ot Elections established by virtue of an act of the General Assemblv, en- to designate " ' voting places titled An Act creating a Department of Elections for the in wiiming- City of Wilmington," approved May 20th, A. D. 1898, shall *°"" at the time of dividing the said city into election districts and establishing the boundaries thereof, designate some suitable and proper place in each election district for holding the elec- tions therein, and all persons entitled to vote in the said several ^^'^^ to vote. 1. For said powers and duties see 19 D. L. p. 128, Sec. 3, et seq., at p. 273 of this volume. 338 ACTS OF THE GENERAL ASSEMBLY. respective election districts thus established, shall vote at the place designated and appointed by the said Department of Elections, for holding elections in the said several respective election districts. Approved June 1, A. D. 1898. 22 D. L. 117 Department of Ellections to be in- creased to five mem- bers. AN ACT in relation to the Department of Elections for the City of Wilmington. Section 1. That the Department of Elections for the City of Wilmington, as established and constituted by Chapter 39, Vol. 19, Laws of Delaware, and as constituted and created by Chapter 40, Volume 21, Laws of Delaware, be and the same is hereby enlarged to, and made to consist of five members, («) for all general or special elections to be hereafter held in said City. («) The Department of Elections, prior to this Act, used to consist of three members. The jihrase, ' ' for all general or special elections to be hereafter held in said city, ' ' raised a doubt as to the powers of the said Dei^artment in municipal elections, the contention being, that for city elections the old Department of three members was still the proper Department, and for ' ' general or special elections ' ' held in said city, the Department consisted of five members. It was also contended, that the Act was passed by a nlajority vote only (not two-thirds), and so did not apply to municipal elections in Wilmington. The matter was taken into Court, and the Court, (it being the Court in Banc) decided that the Department of five members had charge of all elections, — general, special and municipal, held in the City of Wilmington. Lore, C. J.: " And now, to wit, this fifteenth day of April, A. D. 1903, the questions of law arising in this case, directed by the Superior Court, in and for New Castle county, to be heard by the Court in Banc, having been fully argued by counsel of the respective parties and duly considered by the Court, we are of the opinion that the defendants, Jacob H. Lewis, and Thomas A. D. Hutson, are by virtue of the provisions of the laws of the State of Delaware, and their appoint- ments and commission by the Governor, members of the Department of Elections for the City of Wilmington, and as such, of right, hold, use and exercise the ofiice of members of said department, among the rights and duties of which office is the transfer and registration of voters prepara- tory to holding the municipal election in said city, and that therefore the demurrer of the plaintitf should be overruled. It is ordered that this opinion be certified to the said Superior Court for Xew Castle county. ' ' This was signed by all five judges. State Delaware ex rel Herbert H. Ward, Attorney General vs. Lewis and Hutson. Unreported (yr. 1903). Sec. 2. That the Governor be and he is hereby author- Governor to appoint two persons ^^^^ ^^^ empowered to appoint and commission two suitable ACTS OF THE GENERAL ASSEMBLY. 339 persons, residents of the City of Wilmington, to be members ot the said enlarged Department of Elections for the City of Wil- mington. Sec. 3. That the term of office of one of the said two One for two y63,rs oriG members shall be two years and the term of the other and re- for three maining member shall be Hhree years, and at the expiration " of said two terms and thereafter every three years, the Gov- Thereafter . 1 1 ' T , . T Governor to ernor shall appoint suitable persons to succeed the said mem- appoint 8verv thr66 bers for the term of three years. years. Sec. 4. That the members so appointed shall have, pos- Powers of ^ ^ _ ■ '^ members so sess, enjoy and exercise all and every the rights, powers, and appointed. privileges which are now held, possessed, enjoyed and exer- cised by the present members of said Department and vested in them bv law, and shall ijerform each and every dutv which ^ ^. ' ^ c' . Duties and the present members of said Department are now required to compensa- perform by law ; and they shall each receive the same compen- sation as now fixed by law for the other three members, which shall be paid by the State Treasurer, at the same time and in the same way as now provided by law for the payment of the compensation of the present members of said Department. Sec. 5. That from and after the first day of April A. D. S^f/4^°of 1901, the Department of Elections shall consist and be com- ^""'^ mem- ' ^ bers. posed of five members, to wit : the three members who are now members of said Department and the two members appointed by the Governor; and the said five members shall constitute the Department of Elections for the City of Wilmington. The Department of Elections for the City of Wilmington of. so constituted as aforesaid, shall have a full and complete jur- Ju^'sdiction isdiction over all and every the matters and things now vested by law in the Department of Elections for the City of Wil- mingion, as at present constituted, and shall exercise every power, privilege, right and duty which now belongs to the said 1. The terms of office of all members of the Department of Elections are now six years. See Act of March 9, 1907. 24 D. L. p. 153. (p. 341 of this volume.) 340 ACTS OF THE GENERAL ASSEMBLY. Department of Elections for the City of Wilmington, as fully and completely as the said Department of Elections now by law is authorized to do. Organiza- tion of. To make rules for government. Sec. 6. That the Department of Elections for the City of Wilmington, so constituted as aforesaid, shall meet for organi- zation on the first Tuesday in April, A. D. 1901, and after tak- ing the oath of office prescribed by the Constitution of the State, shall proceed to elect one of their number to be the president of the Department and shall also elect a clerk. Three members shall be sufficient for the purpose of organiza- tion and shall constitute a quorum for the transaction of busi- ness. The said Department shall have the power to make rules for its government not inconsistent with the Constitution and Laws of the State. Sec. 7. That it shall be the duty of the present Depart- ment of Elections for the Cit.v of Wilmington, and every mem- ber thereof, and everv officer, clerk or agent thereof, and every All records, . "^ . books, pa- other person having possession or control of anv records, books, pers, &c.. to ^ ^ ^ ^ „ ^ . " \ . ■, be delivered papers, or Other property oi or relating to or connected with to president. ^ .\ ' ^ ^^^, -^ . . n- i n , said Department oi Elections, immediatelj' alter the organi- zation of the Department created by this Act, to surrender and deposit the same with the President of the Department elected pursuant to the provisions of Section 6 of this Act, or with such other person as the said President shall order and direct. And in case the said members, officer, clerk or any other person having possession as aforesaid, shall neglect or refuse on de- mand of the said President to be elected as aforesaid, to deliver up and surrender any of such records, books, papers or other property as aforesaid, each and every person neglecting or re- fusing as aforesaid, shall be guilty of a misdemeanor and upon conviction thereof, shall forfeit and pay a fine of five hundred ^fusaif ^°^ dollars, and be imprisoned for a term of one year, or until the said records, books, papers or other property shall be delivered into the custodv of the said President. ACTS OF THE GENERAL ASSEMBLY. 341 Sec. 8. That all Acts or parts of Acts inconsistent here- with or manifesth' superseded hereby, be and the same are hereby repealed. Approved March 8, A. D. 1901. ^.V ACT Making the Terms of Office of all Memljers of The -'4 d. l. 153. Department of Elections for the City of Wilmington, Itere- after Appointed to said Office for Full Terms under Chap- ter 70, Volume 22, Laws of Delaware, Six Years. Section 1. That, from and after the approval of this Act, Terms of of- ^^ ^ . _,, fice of De- the terms of office of all members of The Department of Elec- partment of . . Elections of tions for the City of Wilmington, hereafter appointed to said Cityof wii- office for full terms, under Chapter 70, Volume 22, Laws of made six Delaware, shall be six years, and said appointments shall be ' so made: provided, however, that all appointments, hereafter made to said office under said Chapter 70, Volume 22, Laws of Delaware, to fill vacancies therein, shall be made for the resi- due of the then unexpired term.^ Sec. 2. That all provisions of law inconsistent herewith, be and the same are hereby repealed. Approved March 9, A. D. 1907. AN ACT to provide for the Purity of Primary Elections in '■ ' "^ ' "^ 20 D. L. 37 New Castle County. Section 1. A primary election within the meaning of e/e^j^'i^ this act is an assemblage of voters who are members of any defined. political party, organization or association duh' convened for the purpose of nominating a candidate or candidates for pub- lic office, or for the purpose of selecting delegates or represent- atives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, which at the last general election before the primary election polled at least ten 1. This Act amends the Act of March 8, 1901, 22 D. L. p. 117, Sec. 3. See p. 339 of this volume. 342 ACTS OF THE GENERAL ASSEMBLY. per centum of the entire vote of the State, or any division or sub-division thereof, for Avhieh the nominations are made. To be by ballot. Throughout county at same time. No two parties on same day. Not more than two days for each party. To be held by board of election. How com- posed and appointed. Sec. 2. That all primary elections hereafter to be held by any political party, organization or association, for the purpose of nominating or selecting candidates to be voted for at any subsequent election, or for the purpose of selecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be by ballot. The primary election for any political party, or- ganization or association, for the nomination of the same class of candidates to be voted for at any subsequent election, or for the selection of delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be held in the several hundreds at the same time. Notice of the time and places for holding all primary elections shall be given by publishing the same once each day for at least five days before the time of holding the same, in one or more daily newspapers printed in New Castle County. No two political parties, organizations or associations shall hold their primary election on the same day. The num- ber of days that shall be allowed for holding primary elections to nominate persons to be voted for at a general election and to nominate persons to be voted for at municipal elections in the City of Wilmington, shall not exceed two for each political party, organization or association in any one year. Sec. 3. That every primary election hereafter to be held by any political party, organization or association for the pur- pose of nominating or selecting candidates by ballot to be voted for at any subsequent election, or for the purpose of se- lecting delegates or representatives to any political convention thereafter to be held for the purpose of selecting candidates as aforesaid, shall be held by a Board of Election officers consist- ing of one inspector, who shall be a .judge and the presiding officer, and two other judges at each voting precinct ; and if it should so happen that but one person as presiding officer or judge should have been appointed by such political party, or- ganization or association to hold such primary election, or hav- ACTS OP THE GENERAL ASSEMBLY. 343 ing- been appointed and being- absent, the electors there present at the hour appointed for opening such primary election shall proceed without ballot to choose from among the qualified voters of the election district there present a presiding officer, judge or judges as the case may require and in choosing such presiding officer, judge or judges, two qualified voters of the district to be nominated and appointed by the electors shall be the judge or judges. Sec. 4. That the inspector of each election district for all inspector. primary elections hereafter held in New Castle county, (out- side the City of Wilmington) under the direction of any po- litical party, organization or association shall be the person who was the candidate of the political party, organization or asso- ciation holding such primary election for the office of inspector at the general election next preceding such primary election ; provided, that in cases where the primary election is held without regard to the division of any hundred into election dis- tricts for general election purposes, the person, who was the candidate for the office of inspector as aforesaid, for the elec- tion district in which the place of voting at such primary elec- tion is situated shall be the inspector of such primary election. The two judges, as provided by Section 3 of this act, shall be appointed by the regularly organized and constituted County Appointment Committee or governing authorit}^ of the political party, or- °^ J"<^ses. ganization or association holding such primarj'- election. The inspector and judges of all primary elections hereafter held in and^udge.s the City of Wilmington shall be appointed by the regularly or- mi^ton. ganized and constituted County Committee or governing au- thority of the political party, organization, or association hold- ing such primary election, from the persons designated to con- duct the next subsequent general election. The term of office ^^'^^ °^ of said, inspectors and judges shall be for one year. Said com- mittee or governing authority shall designate which person shall act as inspector, and which persons shall act as judges of such primary elections. The persons so appointed shall be residents of the primary election district for Avhich they are uons!*^^^' appointed. In all cases when primary election officers are ap- 344 ACTS OP THE GENERAL ASSEMBLY. Vacancy. Primary election of party not having' an inspector. Refusal of appointee to act. Penalty. How recov ered. What deemed re- fusal. podnted as herein provided, representations^ of the interest of each candidate shall be as nearly equally divided as possible as to the board of election officers. If any person designated in this section to be inspector of any primary election shall die, remove from his primary election district, or be for any rea- son physically unable to attend in his i:)rimary election dis- trict at any primary election held by his political party, or- ganization or association, then the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such pri- mary election shall appoint an inspector to fill the vacancy thereby created. If any political party, association or or- ganization desires to hold a primary election for the purpose of nominating candidates for public office, and there is no recognized member of said political party, association or or- ganization among the persons designated in this act to serve as inspectors and judges of such primary elections, or not a sufficient number of recognized members for said purpose, then the regularly organized and constituted County Com- mittee or governing authority of such political party, asso- ciation or organization shall appoint the inspector and judges to hold such primary election. In case of refusal or neglect on the part of any person designated by this act or appointed pursuant to the provisions hereof to be an inspec- tor or judge, as the ease may be, of any primary election, to qualif}" according to the requirements of this act, or to serve, or to act, he shall be liable to a penalty of two hundred dol- lars, recoverable by the County Treasurer of New Castle Count}", by civil action in any court of record, in the name of the County Treasurer and for the use and benefit of New Castle County; and the failure on the part of any such per- son to comply with any of the requirements of this act, pre- liminary to opening the polls, or to attend on the day of any primary election during his term, unless prevented by sick- ness or other sufficient cause, the burden of proof of which shall be upon the delinquent, shall be deemed a refusal with- in the meaning of this act. The election officers whose ap- So enrolled. ACTS OF THE GENERAL ASSEMBLY. 345 pointment is provided for in this section, shall be appointed appointed at least two weeks before such primary election is to be held. Sec. 5. That before opening the election the presiding Oatn of '~~ officci's. officers and judges shall each take and subscribe an oath ac- cording to the following form, viz. : I do solemnly swear (or affirm) that in the primary election to be held on the day of A. D ,1 will not knowingly or wilfully receive or consent to the receiving of the vote of any alien, and also that I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such per- son to be entitled to vote. That I will not receive or reject, nor concur in receiving or rejecting any vote through par- .tiality or under bias and that I will determine ever}' matter that shall come before me and perform every act and duty by law required of me, touching the said primary election, truly, faithfully and impartially, according to the best of my skill and judgment; that I will cause the ballots that shall be taken at said primary election to be fully read and ascer- tained, and a true statement thereof to be made, according to the best of my knowledge and abilitj' ; that I have not re- ceived, nor will not receive directly or indirectly from or through any candidate to be voted for at said primary elec- tion, or any representative of any such candidate or other person, any money, pay, or other valuable thing or reward; that I have not been promised, or in any manner been led to believe that I will at any time directly or indirectly receive any money, pay, or other valuable thing or reward from such candidate or representative of such candidate or other per- son other than that provided by this act, and if I shall dis- cover any partiality, unfairness or corruption in the con- ducting of the said primary election, I shall disclose the same to the executive authority that shall have directed the hold- ing of the said primary election, and to the Attorney Gen- eral, to the end that the subject may be investigated, so help me God (or so I solemnly affirm). («) (a) In the case cited below, the defendant objected to the above oath being put in evidence, on the ground that the oath contained in Art. 14 of the Constitution -uas the only legal oath to be taken ; in other 346 ACTS OF THE GENERAL ASSEMBLY. Clerks. Oaths. words Art. 14 of the Constitution rei^ealed Sec. 5 of the above Act. The Court admitted the oath (Sec. 5) in evidence, v\ithout deciding the ques- tion. (420-422.) * ' The oath which the •primary election law provides shall be admin- istered to election officers, is admissible in evidence although it is not the oath which the Constitution provides shall be administered to public of- ficers. ' ' State vs. Matlack et al, 5 Penn. 401 at 402. (yr. 1905) (Syllabus.) See Sec. 5, "a" of this Act. Sec. 6. That each of the said judges, after being duly qualified, shall choose one clerk of the primary election to be held, to whom the presiding officer or one of the judges who is hereby authorized to administer the same, shall on the day of such primary election administer the oath or affirmation, which shall be subscribed as follows, viz : I do solemnly swear (or affirm) that as clerk of this primary election to be this day held, I will not use or assent to any falsehood, fraud or deceit, and that I will keep the polls and perform my du- ties truly, faithfully and impartially, so help me God (or so I solemnh' affirm). Qualifier of primary election of- ficers. Duties. Sec. 7. That the regularly organized and constituted County Committee or governing authority of any political party, organization or association holding such primary elec- tion shall, at any time within ten days of the day that the first primary election is held in each year of a general elec- Appointment tiou, appoint ouc pcrson for each Levy Court district in New Castle county as a Qualifier of Primary Election Officers, whose duty it shall be to administer to the inspectors and judges of the primary elections held in their respective dis- tricts the oath or affirmation prescribed in Section five of this act, and shall deliver to the chairman of the committee or governing authority appointing him the oaths or affirma- tions subscribed by the inspectors and judges as aforesaid, on or before twelve o 'clock noon on the day previous to such primary election. Each person so appointed shall, upon the certification by the chairman of the committee or governing authority appointing him, that such person has performed the duties required of him by this act. be paid by the Levy Court of the county in which he shall reside the sum of ten Compensa- t n tion. dollars. ACTS OF THE GENERAL ASSEMBLY. 347 In case any inspector or judge is chosen by the electors o^*(l^,?^p. present at the time of opening the primary election, pursu- JJaj"orliec- ant to Section three of this act, the oath («) or affirmation pre- tion. scribed in Section five of this act shall be administered to the ^fj^g^^;^^^ inspector or jndge so chosen by any officer of primary elec- tions there present who has been qualified by the Qualifier of Primary Election Officers, the said officer being hereby em- powered to administer said oath or affirmation; and in case there is no such qualified officer there present the said oath or affirmation shall be administered to the judges by the pre- siding officer, and by one of them to him, each of whom are hereby empowered and directed to administer such oaths or affirmation. (a) See Sec. 5, j). 345 of this volume. And see the case of State vs. Brand, 2 Marv. 459 at 462. (yr. 1897) Sec. 8. The person appointed Qualifier of Primary Elec- oath of tion Officers, pursuant to the provisions of Section seven of fi^^i'^*^''- this act. shall within two days after the appointment and be- fore entering upon his duties, take and subscribe an oath (or affirmation) according to the following form, viz: I do solemnly swear (or affirm) that, as Qualifier of Pri- mary Election Officers, I will not use or assent to any false- hood, fraud or deceit, and that I will perform my duties truly, faithfully and impartially, so help me God, (or so I solemnly affirm). The oath or affirmation prescribed in this section shall Hp'^fi,'^"'''^- ^ _ istered. be administered b}^ the chairman of the regularly organized chairman of and constituted County Committee or governing authority mlttee^may^' of the political party, organization or association for which certain^^*'^ said Qualifier of Primary Election Officers was appointed, o^t^s. The said chairman is hereby empowered and directed to ad- minister oaths and affirmation pursuant to the provisions of this act. Any person appointed Qualifier of Primary Elec- quaimlr^to tion Officers who shall fail to qualify as aforesaid, shall upon ^^^^ °^^^- conviction therefor, be adjudged guilty of a misdemeanor. ^e|no', and shall be punished for each such offence by a fine not ex- punishment, ceeding one hundred dollars. 348 acts of the general assembly. Sfo 9 #*#**#*** re^s^tration ^^^- ^^- That the time for the ascertainment and regis- mh^ton tration, pursuant to the provisions of Chapter thirty-nine Volume nineteen, Laws of Delaware, of the persons residing in the City of Wilmington who are or may become qualified to enjoy the right of an elector at the general election, shall hereafter be on three successive Saturdays, beginning with the second Saturday in August next preceding the general election, and on the third Saturday in the October next pre- fer wn^-^'^^ ceding the general election^^ That the inspectors of election pointed" ^^'' for the City of Wilmington shall hereafter be appointed by the Department of Elections for said city in the month of June in each year in which a general election is held. Voting books Sec. 11. That the Sheriff of New Castle county shall, in of qualified '' ' voters for addition to the registers and things he is now required by primary '^ '^ ' . elections i^w to furnish to the registrar of each hundred or election outside of ° Wilmington, district of his county (outside of the City of Wilmington), hereafter, before the first day of any registration of voters of said county (outside of the Cit}^ of Wilmington) made un- der the provisions of Chapter thirty-eight, Volume nineteen, Laws of Delaware, as amended by this act, prepare and fur- nish two books for each of said registrars in New Castle county (outside of the City of Wilmington) to be known by the name of "Voting Books of Qualified Voters for Primary Elections," for alphabetical lists of all persons whose names may be entered on the registers pursuant to Chapter thirty- eight. Volume nineteen. Laws of Delaware. Said books shall be ruled in parallel coliunns and so arranged as to admit of Entries. tlic Convenient entry in alphabetical order of the name of every person who may be entered on the register aforesaid as a "qualified voter" or "may become qualified voter," and in the parallel column opposite the name of such person the following particulars, to wit: First, his residence; second, 1. Act of May 27, 1898, 21 D. L. p. 69. Sec. 2, (pp. 301-302 of this volume) chang'es registration days to the first Saturday in August, the third Sat- urday in September and the third Saturday next preceding the day of election. The time of revision of registration for Municipal Elections in Wilmington is the fourth Saturday previous to the day of election. See Sec. IS of this Act, as amended, p. 352 of this volume. ACTS OF THE GENERAL ASSEMBLY. 349 his color ;^ third, the day of his registration. Said books shall contain six parallel columns for the entry of the word "voted," together with the date of voting. When any reg- istrar or board of registration, at any of the sittings herein- before provided, shall enter in his register the name of any applicant for registration as a "qualified voter" or "may become qualified voter," he shall immediately thereafter enter, in the presence of such applicant, if he remains in at- tendance, in its proper alphabetical place in the "Voting Book of Qualified Voters for Primary Elections" hereinbe- fore provided for, the name of such applicant and also his residence, * * * and date of registration. The said two "Voting Books of Qualified Voters for Primary Elec- tions" shall be compared and certified on the last day of reg- pared an^' istration in the month of August, in the same manner and by how!^^*^' the same persons as now required by vSection fifteen of Chap- ter thirty-eight. Volume nineteen, Laws of Delaware. It shall be the duty of the registrar, within one secular day af- ter the certification by the board of registration as herein required, to deliver to the fSheriff of New Castle county, Avho shall safely keep the same, and two "Voting Books of Quali- eredto tied Voters for Primary Elections" required by this act. Sec. 12. That the Department of Elections for the City Department '■ ''of Elections of Wilmington shall, in addition to the registers and things to furnish ° ' ^ '^ Voting they are now required by law to furnish to the inspectors of Books of ..... ^ Qualified elections m said citv, hereafter, before the first day of any voters for p " „ . » ^ Primary registration of voters of said city made pursuant to the pro- Elections in ^ /-Ni T • • \r-r -, . ' -r o Wilmington. Visions or Chapter thirty-mne. Volume nineteen, Laws oi Delaware, as amended by this act, prepare and furnish to the inspectors of elections in every election district in said city, now existing or hereafter created, two "Voting Books of Qualified Voters for Primary Elections," said books being in the same form as designated in Section eleven of this act. Form. The said two "Voting Books of Qualified Voters for Pri- mary Elections," shall be compared bv the inspectors, on ^ ^ '■ ' ^ To be com- tlie last day of registration in the month of August, to see pared. 1. Amended. See Chapter 64, Volume 22. 350 ACTS OF THE GENERAL ASSEMBLY, Corrections. Certificate. Verified by oatli. Books to be delivered to Department of Elections. that they agree with each other iu every particular, and also with the register to see that every name entered on the reg- ister as a "qualified voter" or "may become qualified voter" is entered in its proper alphabetical place on each of the two "Voting Books of Qualified Voters for Primary Elections," together with the residence, * * * and date of registra- tion. And if any name in the registers which ought to have been entered on the said alphabetical list shall have been omitted therefrom, it shall be the duty of said inspectors to enter such name in its proper alphabetical place on the al- phabetical list, together with the proper entries as they ap- pear on the said registers. And it shall be the further duty, in such comparison of the alphabetical list with the regis- ters, to make such corrections in the alphabetical lists as will make the names and entries appearing on the alphabeti- cal lists agree with the same names and entries as entered on the registers. It shall be the duty of the said inspectors, immediately after their last sitting in the month of August, to append to each of said alphabetical lists of "qualified vot- ers" contained in said "Voting Books of Qualified Voters for Primary Elections" a certificate, verified by the oath or affirmation of the inspectors, or at least two of them, that the said "Voting Books of Qualified Voters for Primary Elec- tions" contain a complete list of the "qualified voters" and "may become qualified voters" of said Election District as the same are entered in the Registers of voters of such elec- tion district. After said two "Voting Books of Qualified Voters for Primary Elections" have been compared and cer- tified as aforesaid, the said inspectors in each of said election districts shall, immediately after said certification, return the same to the said Department of Elections. Department of Elections to compare and correct books, when. Person hav- ing regis- tered twice to be stricken off. Sec. 13. It shall be the duty of said Department of Elections to compare and correct said two "Voting Books of Qualified Voters for Primary Elections," at any time before the day the first primary election is held in the year of a general election, and, when it shall appear by any date in their possession that any person has registered in more than one election district, they shall, upon due inquiry, strike his ACTS OF THE GENERAL ASSEMBLY. 351 name from the said "Voting Books of Qualified Voters for Primary Elections" of any and all election districts in which he is not a "qualified voter," and shall, opposite his name, state the reason therefor. Said two "Voting Books of Qual- ified Voters for Primary Elections," in each election district of the City of Wilmington, shall be preserved and delivered ^f^books!°" by said Department of Elections as hereinafter prescribed and directed. Sec. 11. That from and after the first day of June, A. Terms of office of in- D. 1898, the terms and powers of office of the inspectors of specters in ^ . Wilmington elections for the Citv of Wilminston, who shall then be m terminated after June office, shall be and the same are hereby declared to be ter- 1, 189S. minated and ended. Sec. 15. That the division of the City of Wilmington ^j^^il^'j^'^tm, into election districts, as is directed by sub-division one of jo^i^e'bv'^^ '*^^^ Section three of Chapter thirty-nine. Volume nineteen. Laws J""® ^■ of Delaware, shall hereafter be made on or before the first day of June instead of on or before the first day of Septem- ber, as therein provided.^ Sec. 16. Every inspector of any primary election, poll omcer of clerk, or other officer or person having the custody of any |{|aiin°- &c "Voting Book of Qualified Voters for Primary Elections, " f^J^^^^^jt^o^.^' oath, return of votes, certificate, poll list, or any paper, docu- ment, or evidence of any description in this act directed to be made, filed or preserved, who is guilty of stealing, wil- fully destroying, mutilating, defacing, falsifying or fraudu- lently removing or secreting the whole or any part thereof, or who shall fraudulently make any entry, erasure or altera- tion («) therein, except as allowed and directed by the provis- ions of this act, or who permits any other person to do so shall, upon conviction thereof, be adjudged guiltv of a mis- Misde- ^ ' .J !? o ^ meaner. demeanor and shall be punished for every such offence by imprisonment in the county jail for a period not exceeding Punishment. 1. See note to this section, viz Sec. 3. subdivision one of above Act, p. 331 this volume. 352 ACTS OF THE GENERAL ASSEMBLY. two years, or by a fine of not more than two hundred dollars, or both.^ (fl) These books in a Court of law are the best evidence of one's right to vote, but one can be asked the question whether or not he voted, without the books having to be produced. State vs. Matlack, 5 Penn. 401 at 402. (yr. 1905) (Syllabus.) Officer com- Sec. 17. EverA' person not an officer, such as is men- mitting or . . ' . advising. tioned in the last preceding section, who is guilty of any of &c.. com- .^,..,. &J J mission of the acts Specified m said section, or who advises, procures or wrongful ^ ■ ■ n ^ c 1 acts. abets the commission oi the same, or any of them, shall, upon Misde-^ conviction thereof, be adjudged guilty of a misdemeanor, and for every such offence shall be punished by imprison- Punishment. mcnt in the county jail for a period not exceeding two years, or by a fine of not more than two hundred dollars, or both.^ Act^of^March ^^^'- '^^- [That the time for holding any primary elec- o'l^^sIs'^ tion shall be after the first day of registration in the month Time for of August, for the eusuiug general election, and the time for holding pri- . , ,. . , . • i /-w- c- -.-tt-i maryeiec- holding primary elections m the City ot Wilmington to nom- inate candidates to be voted for at a municipal election shall be in the month of May after the day for the revision of the Time for re- registration of voters. The time for the revision of the reg- Vision of . . ,, • i /-i- /> -nr-i • (» -n r • • 1 registration istratiou ot votcrs in the City ot \\ ilmmgton lor Municipal mington. election shall be and the same is hereby made the fourth Sat- urday previous to the day set for holding the election for municipal officers in the said city. The members of the De- Department . 1 /-■• P -T-i-r-l • • T T of Elections, partmcnt 01 Elections lor the City ot W ilmmgton, m addi- Duties of ^ion to the duties now required of them by law, shall de- mand of the Clerk of the Peace of New Castle County be- tween the fifth and tenth of April of any year in which a municipal election is held, and it shall be the duty of the said Clerk of the Peace, to deliver to the said Department of Elections for the City of Wilmington, within two days after said demand, the original "Voting Books of Qualified Vot- ers" and "Kegisters" for all the election districts in the City of Wilmington ; and it shall be the duty of the Depart- 1. See Act May 1.3. 1891. 19 D. L. p. 154. Sec. 40. (p. 296 of this vol- ume.) 2. See Sec. 41 of above Act, p. 297 of this volume. ACTS OP THE GENERAL ASSEMBLY. 353 ment of Elections for the City of Wilmington to revise and prepare the "Voting Books of Qualified Voters" as provided for General Elections, and all persons and only they whose names appear on the said "Voting Books of Qualified Vot- ^^^°^^'^j_ ers" («) shall be entitled to vote at a primary election to nomi- J^ary'^eiec- nate candidates to be voted for at the subsequent municipal '^ion- election in the City of Wilmington, nor shall any person whose name is on the said "Voting Books of Qualified Vot- ers" be disqualified from voting at the municipal election or be compelled to re-register because of the fact that he failed to vote at the previous general election. The time for open- ^j^^^ ^^^ ing the polls for the purpose of conducting the primary elec- p^i®g_^"^ tion under the provisions of this Act shall be one o'clock in the afternoon, and the time for closing the polls at such pri- c/c^ing-?^ mary election shall be seven o'clock in the evening.] Sec. 19. [That whenever a political partj', organization or Amendment, ^. ,111 • i-'p 1 -A-ct of March association desires to hold a primary election tor the purpose 24, 1903, 22 mentioned in Section 2 of Chapter 393, the chairman or sec- Notice of de- retary of the regularly organized and constituted county or primary °^*^ city committee or governing authority of such- political ^i'?ction. '' & o J Jr' Chairman or party, organization or association, shall notify by letter the secretary of . . . J J political respective parties having the custody of the "Voting Books party to no- of Qualified Voters for Primary Elections" or the "Voting dians of T r- 1 voting books, Books of Qualified Voters in this Act and in Chapter 393, etc. Volume 20, Laws of Delaware, provided, of their intention of holding a Primary election, stating the day on which they desire the election held, which notification shall be at least ' Notification two weeks prior to the time for holding such primary elec- —two weeks tion. If no previous notice shall have been received by the election, said parties from no other political party of its intention to hold a primary' election on that day, the said party shall, on or before twelve o'clock of the day for holding such primary elections for that political party, organization or association, deliver the two "Voting Books of Qualified Voters for Pri- ^ ,. "^ ^ Delivery of mary Elections" provided for in Chapter 393, Volume 20, voting books. Laws of Delaware, in case of a County Primary Election, or the two "Voting Books of Qualified Voters" in case of a mu- 354 ACTS OF THE GENERAL ASSEMBLY. Duty of inspectors. Neglect. Misde- meanor. Penalty. nicipal primary election, for each general district that may be contained in the primary election in the hundred or elec- tion district of the County or of the City of Wilmington to which such ''Voting Books of Qualified Voters for Primary Elections" or "Voting Books for Qualified Voters" shall apply. And it shall be the duty of the said inspector to have the same at the place of holding the primary election at the time of opening the polls on primary election day. If any in- spector shall refuse, neglect or fail to have the said "Voting Books of Qualified Voters for Primary Elections" at the place of holding the primary elections for any general or special election in the County, or the "Voting Books for Qualified Voters," at the place of holding the primary elec- tion for any municipal election in the City of Wilmington, at the time designated in this Act, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall be punished for each such offense by imprisonment in the county jail for a period not exceeding ninety days, or by a fine not exceeding one hundred dollars, or both.] Method of receiving votes. Amendment. Act of March 24. 1903, 22 D. L. p. 595. Voters to vote at the primary election of only one po- litical party. Sec. 20. The qualification of electors under this act shall be such as the political party, organization or association au- thorizing such election may prescribe and publish, and in de- fault of any prescribed or published rule, the past usages of such political party or organization shall be recognized and adopted, and ignorance of such past usages shall be no defence against any of the penalties of this act. As each person shall apply to vote at any primary election, [For any general or special election in the county, the offi- cers thereof shall examine the "Voting Books of Qualified Voters for Primary Elections" provided by Chapter 393, Vol- ume 20, Laws of Delaware, and as each person shall apply to vote at any primary elections held for any municipal election, the officer thereof shall examine the "Voting Books of Quali- fied Voters" provided by this Act, and if they find thereon the name of the person applying to vote and be satisfied that he is ACTS OF THE GENERAL ASSEMBLY. 355 the peraon whose name is so registered, they shall enter the word "voted" after his name and such voter shall not be per- mitted to vote at any succeeding primary election held for that particular election, by any other political party, organization or association. The entry of the word "voted" as aforesaid shall be in such a manner as to indicate at what party primary election the voter has voted. No person whose name is not con- tlon^of*^^" tained in the "Voting Books of Qualified Voters for Primary "^'oters. Elections, ' ' shall be allowed to vote or participate in any pri- mary election for au^y general or special county election here- inafter held, aud no person whose name is not contained in the "Voting Books of Qualified Voters" shall be allowed to vote or participate in any primary election for any municipal elec- tion hereafter held. It shall be the duty of the inspector with- inspectors m two days after the day of the primary election to return the books^to^ said "Voting Books of Qualified Voters for Primary E lee- ^^f;\°* "'^ tions" or "Voting Books of Qualified Voters," used by him at any primary election, to the person or persons from whom he received the same, who shall preserve them, and in case of the "Voting Books of Qualified Voters," within ten days after they have been returned to the Department of Elections for the City of Wilmington, the said Department shall deliver the said Books and Registers to the Clerk of the Peace of New Castle County, taking from them a receipt. If any inspector shall neglect, refuse or fail to return said "Voting Books" as duty.^° directed in this section, the said inspector so neglecting, fail- ing or refusing shall, upon conviction therefor, be adjudged guilty of a misdemeanor and shall for everj^ such offense bcmeanor. punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail for a period not exceeding thirty days, or both.] Sec. 21. If at any primary election, the presiding officer j^g^^gjj^g and judge shall knowingly and wilfully receive, («) or advise, ^^^^^ ^'^^^' or consent to the receiving of the vote of any person not en- titled to vote at such primary election or if such presiding offi- cer or judge shall knowingly and wilfully refuse (^) to receive the vote of any person entitled to vote at such primary election, every such presiding officer or judge shall, for every such of- 356 ACTS OF THE GENERAL ASSEMBLY. Penalty. Misde- meanor. Punishment. Voting or attempting to vote illegally. Receiving or soliciting reward. "Voting at primary election of more than one party. fence, forfeit and pay the sum of one hundred dollars to any person who will sue for the same, or shall, for every such of- fence, upon conviction therefor, be adjudged guilty of a mis- demeanor, and be fined not less than one hundred dollars, and, in either case, be imprisoned until the fines, forfeitures and costs are paid in full or discharged by the court. (a) In the case below cited, an election officer was indicted for "knowingly and wilfully taking an illegal vote." (555) The Court : ' ' Did the defendant take the vote knowing it to be an illegal vote? Defendant acted in a judicial capacity, and is not to be held liable criminally for a mere error of judgment. * * But if such officer, hnoicing a vote to be illegal, takes it corruptly, his position cannot protect him from the just punishment of his offence. ' ' State vs. M 'Donald, 4 Har. 555 at 556. (yr. 1847) State vs. Frest, 4 Har. 558. (yr. 1847) (6) For refusing to take a legal vote, see the case of State vs. Porter, 4 Har. 556 at 557. (yr. 1847) Sec. 22. If at any primary election hereafter held by any political party, organization, or association, as provided in this act, any person falsely personate any elector or other per- son, and vote or attempt or ofl:'er to vote in or upon the name of any person, whether living or dead, or in or upon any false, assumed or fictitious name, or in or upon any name not his own, or shall knowingly, willingly or fraudulently vote more than once for any candidate for the same office, or shall vote in any other primary election district than the one in which he is a bona fide resident, or vote or attempt to vote more than one ballot at any primary election district, or shall solicit from any candidate or from any other person, or shall receive, di- rectly or indirectly, from such candidate or from any other person any money, or promise of place or position, or any valu- able consideration of any kind, for his vote or support, or if any person shall vote at the primary election of more than one political party, organization or association, held for the purpose of nominating or selecting a candidate or candidates to be voted for at any subsequent general election, or for the purpose of selecting delegates or representatives to any po- litical convention thereafter to be held for the purpose of se- lecting candidates as aforesaid, before any one general elec- tion, or shall vote or attempt to offer to vote in any primary election district, or having once voted shall attempt or offer ACTS OF THE GENERAL ASSEMBLY. 357 to vote again, or shall knowinojly, wilfully or fraudulentlv Attempting o ' o .; ; .' . f^j^y unlaw- do any unlawful act to secure an opportunity' for himself or fui act. for any other person to vote, or shall by force, threat, men- ace, intimidation, bribery or reward or offer to or promise («) thereof, or otherwise unlawfully either directly or indirectly influence or attempt to influence any elector in giving his influencing vote, or shall promise any place or position for the purpose '^oter. of securing any voter's support or prevent or hinder or at- tempt to prevent or hinder any qualified voter from freely exercising the rights of suffrage, or any such means induce or attempt to induce any such voter to refuse to exercise any such right, or shall, by any such means or otherwise, compel or induce or attempt to compel or induce any inspector of influencing any primary election or other ojfficer of any primary election gi^^tlon^to ■ in any primary election district to receive the vote of any ^^°t*^^®^^^ person not legally qualified or entitled to vote at the said primary election in such district, or shall knowingly, wil- fully or fraudulently interfere with, delay or hinder in any ^^l^e^ec-"^^ manner any inspector of any primary election, poll clerk or t'o'^- other officer of any primary election in the discharge of his duty, or by any such means or other unlawful means, know- ingly, wilfully or fraudulently counsel, advise, induce or at- Advising or tempt to induce any inspector of any primary election, poll ^^qq^q^^^^ clerk or other officer of any primary election, whose duty it ^^'^^f'-^^ ^^f ' is to ascertain, proclaim, announce or declare the result of any such primary election, or to give or make any certificate, document, report, return or other evidence in relation there- to, to refuse or neglect to comply with his duty, or to violate any law regulating the same, or to receive the vote of any person in any primary election district not errtitled to vote therein or to refuse to receive the vote of any person entitled to vote therein, or shall aid, counsel, or advise, procure or as- sist any voter, person or inspector of any primary election. or other officer of such primary election, to do any act by law forbidden, or in this act constituted an offence, or to omit to do any act by law directed to' be done, every such person shall, upon conviction thereof, be adjudged guilty of a mis- demeanor, and shall, when not herein otherwise particularly specified, be punished for every offence by imprisonment in meanor. 358 ACTS OF THE GENERAL ASSEMBLY. Punishment, ^^q coimty jail for not more than two years, or by a fine of not more than two hundred dollars, or both. (a) Booth, C. J.: "To offer it, is to present it for acceptance or rejection; to promise it, is to make a declaration or engagement that it shall be given. ' ' State vs. Barker, 4 Har. 559 at 561. (yr. 1847) Godwin vs. State, 1 Boyce 173 at 182. (yr. 1910) Other of- fences. Punishment. Any act or deed declared an offence by the general laws of this State concerning elections and not herein particularly mentioned, shall also be an offence in all primary elections, and shall be punished in the same form and manner as is provided for the punishment of similar offences by the gen- eral laws ; and all the penalties and provisions of the general laws shall apply in such cases with equal force, and shall be as effective as though fully set out in this act. Sec. 23. That the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding any primary elec- tion shall, at least two weeks before such primary election is held, determine what territory shall comprise a primary election district ; provided, that such primary election dis- tricts shall be so formed that the whole of each election dis- trict for the general election shall be in one primary elec- tion district. They shall also designate the place for holding the primary election in each primary election district and se- cure the room for holding the same. Said room, in all cases where one primary election district comprises more than one general election district, shall be in the general election dis- trict where the greatest number of votes were polled by the political party, organization or association holding such pri- mary election at the general election next preceding the said primary election. They shall also designate each of said dis- tricts by appropriate titles or distinctions. No primary election shall be held under the provisions of this act in a pace or building where intoxicating liquor is sold. Krtment ^^c. 24. If the Sheriff of New Castle county or the or sheriff to iiiembers of the Department of Elections for the City of Wil- inR^books°*' ^^i^igton shall wilfully neglect, refuse or fail to deliver to Territory in primary election dis- trict. General elec- tion district not to be divided. Place of holding election. Designation of districts. Not to be held where intoxicating liquors sold. ACTS OF THE GENEKAL ASSEMBLY. 359 each inspector of primary elections the "Voting Books of Qualified Voters for Primary Elections" or "Voting Books Amemimem^ of Qualified Voters" in his or their custody, for each general '^'^^^^^^ election district that may be contained in the primary elec- tion district for which he is appointed, [or the Clerk of the Peace shall lawfully neglect, refuse or fail to deliver^ to the ^j^^Jf^* of ^ Department of Elections for the City of Wilmington the said Peace. "Voting Books of Qualified Voters,"] then in that case the said Sheriff or any member of said Department of Elections; Amendment [or the Clerk of the Peace of New Castle county] so neg- f^^^gos-'^f.^^ lecting, failing or refusing shall, upon conviction therefor, d. l. 596. be adjudged guiltv of a misdemeanor and shall for every Misde- such offence be punished by imprisonment in the county jail . for a period not exceeding one year, or by a fine of not more than two hundred dollars, or both, and such conviction shall of itself w^ork a forfeiture of his office. Forfeiture of office. Sec. 25. Whoever, during the time that any primary Taking in- election is in progress in any primary election district in New liquors into Castle county or during the time the ballots cast thereat are election. being counted, shall bring, take, order or send into, or at- tempt to bring, take or send into any place of holding any primary election, any intoxicating liquors whatever, or shall toxicating" at any such time and place drink or partake of any such in- ^'''^°^- toxicating liquors, he or they shall, upon conviction therefor be adjudged guilty of a misdemeanor and shall for every such offence be punished by a fine of not less than five dol- lars, and not exceeding ten dollars. Misde- meanor. Punishment. Ballot boxes Sec. 26. That the sheriff of New Castle county shall provide and deliver, or cause to be provided and delivered to the officers at every polling place in the county outside of ^^^j^l p''°" the City of Wilmington (and the Department of Elections to perform the same duties in the City of Wilmington), where a primary election is to be held, a ballot box, the same to be provided with a lock and key ; the said ballot box to be not less than tw^elve inches long, nine and one-half inches wide. Description. 1. For time of demand by the Department of Elections of said books see Sec. 18 of this Act, p. 352 of this volume. 360 ACTS OF THE GENERAL ASSEMBLY. Other box. and nine inches high ; both sides of said box shall be entirely of clear glass and shall have a lid so constructed that the said lid will slide with ease. The lid of said ballot box shall have an opening in the top not more than one inch long and not more than three-sixteenths of an inch wide ; the opening to be entirely enclosed with iron, steel or tin, which material shall be securely fastened to the lid. He shall also furnish to the officers holding any primary election a box of sufficient size to hold the ballots cast at such primary election. Ballot box where placed Locked dur- ing election. Sec. 27. That part of the ballot box composed of glass shall be so placed during the time that any primary election is in progress that it can be seen at all times by the persons on the outside of the polling places. The lid of the ballot box shall be securely locked during the time that the pri- mary election is being conducted, and shall not be unlocked until the polls are closed. Number of votes cagt to be an- nounced at close of election. Reading of ballots. Custody of same. Clerks to keep tally. Sec. 28. That at the time for closing the polls at a pri- mary election held under the provisions of this act, the pre- siding officer shall publicly proclaim in a clear and distinct voice the number of votes that have been cast at such pri- mary election as shown by the poll books kept by the clerks. After closing the polls at a primary election, the presiding of- ficer and judges shall openly and publicly remove the lid of the box containing the ballots. The ballots shall be taken separately from the box. One of the judges shall keep in his custody the said box while the other judge shall publicly in the presence of the watchers, hereinafter provided for, take the ballots one by one from the box and read the same. («) When a ballot shall be read it shall be submitted to each of the other judges for inspection and put in the other box direct- ly to be procured in Section twenty-four of this act, it being first seen that the said box is empty ; two clerks at least shall keep an accurate account of the ballots as they are read, which shall be done on the tally sheets hereinafter provided to be furnished, by writing the name of every person voted for in the margin under a designation of the office for which the vote is given to him. The clerk shall make a distinct mark with a pen and ink in the row opposite such name for ACTS OF THE GENERAL ASSEMBLY. 361 every vote such person shall receive for the same office. At the close of the canvass of the ballots cast for each candi- Rf'suit of canvass to date, the inspector shall publicly announce the vote and the ^® ^^- ^ ' ^ X ^ nounced result (^) of the canvass. when count ^ ' completed. (a) In the case below cited, the indictment charged that ballots cast for one person were read for another person. State vs. Matlack, 5 Penn. 401 at 403-4-5-6. (jr. 1905) (b) The indictment, in the case below cited, charged, that the officer ' ' did not * * cause a true statement of the ballots * * taken * * to be made." State vs. Matlack, 5 Penn. 401 at 403-4-5-6. (yr. 1905) Sec. 29. After having counted the ballots cast at any Taiiy sheets primary election, the officers holding such election shall cates'to be forthwith fill out and sign two tally sheets and two certifi- p'^^p^^''^*^- cates, («) hereinafter provided to be furnished, with the num- 'ber of votes in words at length entered thereon that have been cast for each and every candidate at such primary election, and the exact time that said canvass was completed. One of said certificates, together with one of said tally sheets and one poll list, shall be delivered by the inspector outside of the City of "Wilmington, on the first secular day following such primary election, to the chairman of the regularly or- ganized and constituted County Committee or governing au- thority of the political party, organization or association holding such primary election. One of said certificates, to- Disposition of S3.m6 gether with one of said tally sheets and one poll list, shall be delivered by the inspectors in the City of Wilmington to the chairman of the regularly organized and constituted Coxinty Committee or governing authority of the political party, or- ganization or association holding such primary election, within one hour from the time that the canvass of the votes has been completed. The said ballots, after having been Disposition ' '^ of ballots. counted, shall be deposited in the box furnished for that purpose, together with the other said certificates, tally sheets and poll lists. The lid of said box shall be secured by tape crossed and sealed in sealing wax by one of judges not be- ing the inspector, and shall be delivered by the inspector on the first secular day following such primary election, to the Sheriff of New Castle county who shall make such disposi- tion of the same as the regularlv organized and constituted 362 ACTS OF THE GENERAL ASSEMBLY. Blank tally sheets, &c., by whom furnished. Printed in- structions to officers. Poll books. Voting. When re- quested number of votes cast must be an- nounced. County Committee or governing a^^thority of the political party, organization or association holding such primary election may direct. The regularly organized County Com- mittee or governing authority of the political party, organi- zation or association holding any primary election shall fur- nish at every polling place in the county where a primary election is to be held, blank tally sheets, blank certificates, blank poll books and stationery sufficient for the use of the officers holding such primary election. They shall also fur- nish to the primary election officers printed instructions of the parts of this act that in the judgment of the said com- mittee is necessary for the proper performance of their duties. (a) In regard to the duties of election officers as to certificates, and Ijartieularly in regard to their having no power to alter the same, see Knight & Kennedy vs. Ferris, 6 Houst. 2S3 at 328. (yr. 1881) State ex rel Wright vs. Warren, 1 Houst.. 39 at 44. (yr. 1855) State vs. Clark, 2 Marv. 456. (yr. 1896) syllabus. State vs. Brand, 2 Marv. 459 at 462. (yr. 1897) Sec. 30. The poll books used at any primary election hereafter held shall have every line therein numbered, com- mencing with the figure 1, and continuing serially. On of- fering to vote at a primary election the voter shall deliver to the presiding officer a single ballot containing the name or names of the person or persons for whom he desires to vote. He shall announce his name and residence, and, if he is quali- fied as heretofore provided, his vote shall be received and de- posited in the ballot-box having the glass sides, and his name and residence entered on the poll book on the line directly opposite the first unoccupied number in order that the elec- tion officers may, at any time during the progress of the pri- mary election know the exact number of votes that have been cast. The election officers of such primary election shall at any time announce to any person who is in the act of voting and so inquiring, the number of votes that have been cast up to that time. Rope or Sec. 31. The Sheriff of New Castle county shall furnish furnished at cvcry polling place where a primary election is held, out- pface.^° '"^ side of the City of Wilmington, and the Department of Elec- ACTS OF THE GENERAL ASSEMBLY. 363 tions to perform the same duty in the City of Wilmington, two pieces of rope or chain. The officers holding such pri- mary election shall place tiie said rope or chain at a distance ^^^^ "*5^*^^- not less than six feet on either side of the window or door where a primary election is held ; the said rope or chain shall be at least twelve feet in length, and shall be at least twenty- four inches from the ground and shall so remain during the time such primary election is in progress. No person shall m?tted with- be permitted to be on the inside of said rope or chain except- exceptTo"^^ ing to cast his ballot, after which he shall immediately re- "^'°^®- tire. Any person violating the provisions of this Section violation. shall, upon conviction therefor, be adjudged guilty of a mis- demeanor, and shall for every such offense be punished by a Punishment. fine of ten dollars. Sec. 32. That each candidate for nomination at any v^atchers. primary election hereafter held shall have the right to ap- point one qualified elector as watcher, who shall be entitled to be in the room where such primary election is held, from the commencement to the close of such primary election and signing of the certificates thereof. If any person appointed ^f^onduct"' watcher shall so conduct himself as to interfere with the pro- gress of any primary election he may, upon complaint made by the primary election officers to the chairman of the regu- larly organized and constituted County Committee or gov- erning authority of the political party, organization or asso- ciation holding such primary election, or to any member thereof from the hundred wherein such interference occurs at the direction of the said chairman or member aforesaid, be removed from the room where such primary election is being held, and the candidate whose representative the watcher so removed was shall be without representation dur- ing the continuance of said primary election. If any person ^xl^^de *° shall exclude or attempt to exclude any elector, except in the ^^meanor?''^' manner hereinbefore provided, who has been appointed watcher, from the room where any primary election is being held, he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for every such offence be pun- ished by a fine of one hundred dollars, or by imprisonment punishment. 364 ACTS OF THE GENERAL ASSEMBLY. in the county jail for a period not exceeding ninety days, or both. Challenge to vote. Decision. May require oath of voter. Form. After oath vote to be received. Decision on challenged vote not to delay other votes. Challenging vote for de- lay misde- meanor. Sec. 33. That anj^ recognized member of the political party, organization or association in whose interest any pri- mary election is held, may challenge the right of any person offering to vote at such primary election ; and the board of election officers holding the same shall determine whether the person so offering is entitled to vote, and shall receive or reject such vote, as the evidence for or against the right of the person to vote shall w^arrant. The officers may, of their own motion, or in case of challenge if there be doubt of the propriety of receiving the offered vote, require of the person so offering to vote, his oath or affirmation, which shall be ad- ministered by the presiding officer, who is hereby authorized to administer the same in the following form, viz : Do you solemnly swear (or affirm) that you are a legally qualified voter under the rules of the party authorizing this primary election; that you will be legally qualified to vote at the following election for which candidates are now being selected to be voted for; that you are at this time a bona fide resident of this primary election district ; that you have not voted, or you will not vote at any other voting place this day ; that you have not voted or you will not vote at the primary election of any other political party, organization or association held for the purpose of nominating or select- ing candidates to be voted for at the ensuing election, so help you God (or so you solemnly affirm.) After the voter has taken the said oath or affirmation, the ballot of such voter shall be received and deposited in the ballot box ; and if any person offering to vote at any primary election decline to make the oath or affirmation demanded, his vote shall be rejected. If at the time a person proposes to vote he is chal- lenged and there are several persons waiting their turn to vote, said challenged person shall stand to one side until un- challenged voters have had an opportunity to vote, when his case shall be taken up and disposed of ; Provided, that if any person shall challenge a qualified voter, resident of such pri- mary election district, well known as a member of the po- ACTS OF THE GENERAL ASSEMBLY. 365 litieal party, organization or association holding such pri- mary election, for the purpose of annoying or delaying vot- ers he shall, upon conviction therefor, be adjudged guilty of a misdemeanor, and shall for each and every such offence be punished by fine of one hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or Punishment. both. Sec. 34. That each of the officers of any primary elec- f°^t^^^/Jf. tion hereafter held is clothed with the powers and duties of fleers. a county constable, and is required to see that good order is preserved at such election, and may arrest and present for commitment to any justice of the peace any and all persons guilty of any unlawful conduct. Sec. 35. The compensation of the officers and clerk of fjo^ of eiec- holding primary elections under the provisions of this act tion officers. shall be two -dollars and fifty cents for each judge and clerk and three dollars for each inspector at each primary election so held. The expenses for holding primary elections under the provisions of this act including stationery, pay of officers and clerks, shall be paid by the Levy Court of the county How paid, wherein such primary election is held to nominate persons to be voted for at a subsequent general election and by the Mayor and Council of Wiknington in any year when a pri- mary election is held in the City of Wilmington to nominate officers to be voted for at the subsequent municipal election in the said city. Sec. 36. If any person appointed to hold a primary . . . , . „ n Election of- election shall conduct such election in violation oi any ot Acer acting „. -Ti I.- unlawfully the provisions of this act, the regularly organized and consti- may be re- futed County Committee or governing authority of the po- litical party, organization or association holding such pri- mary election is hereby empowered and directed to remove such officer or officers and substitute others in their stead, and the person so substituted shall take the oath or affirma- substitutes, tion prescribed by Section five of this act, which said oath or affirmation shall be administered by any qualified inspec- 366 ACTS OF THE GENERAL ASSEMBLY. tor or judge who is hereby authorized to administer the same. Who de- clared nomi- nated. Vacancy. Sec. 37. In all cases the candidate receiving the highest number of votes shall be declared the nominee of the polit- ical party, organization or association holding such primary election. In case of death, resignation or removal of any candidate subsequent to a nomination the political party, or- ganization or association in which such vacancy exists, shall provide the manner in which such vacancy shall be filled. Nominee how ascer- tained. Tie votes or contests. How decided. Form of proceedings. Sec. 38. The regularly organized and constituted County Committee or governing authority of the political party, organization or association holding any primary elec- tion is hereby empowered to calculate the aggregate number of all the votes that shall have been cast, in all the hundreds of the county or any subdivision thereof, for every person voted for for any one office at such primary election, and to declare the candidate or candidates in cases where candi- dates for more than one office are to be nominated, receiving the highest number of votes the nominee or nominees of such political party, organization or association for the office for which he was voted for at such primary election. In all cases of a tie vote or of contests, the regularly organized and oonstituted County Committee or governing authority of the political party, organization or association holding at such primary election shall have the power to hear and determine such contests, and to decide who shall be entitled to the nomination. The proceedings in such cases shall be in such form and manner as the said committee or governing au- thority shall determine upon. Before entering upon the dis- charge of the duties set forth in this section the members of the committee or governing authority aforesaid, shall be sworn by a notary public to faithfully and honestly dis- charge the duties herein imposed and the failure upon the part of any member of the said committee or governing au- thority to discharge such duties faithfully and honestly shall be deemed a misdemeanor, and the person so offending shall, upon conviction therefor, be fined not less than one hundred ACTS OF THE GENERAL ASSEMBLY. 367 dollars nor more than five hundred dollars, and be impris- oned in the county jail for a period of not less than sixty days nor more than one year. Sec. 39. That the ballots used at any primary election Printing of . ballots. hereafter held shall be printed by the regularly organized and constituted County Committee or governing authority of the political party, organization or association holding such primary election. The names of all candidates for nomi- Form of . . . ballot. nation for the same office shall be placed under the title of said office, the surname of candidates to be placed in alphabetical order and shall not be separate one from another by any other matter. Where there are several candidates for the nomina- tion for the same office, the elector shall indicate his choice by ^ow voted, crossing out the name of all the candidates except those for whom he desires to vote, and in case an elector has omitted to cross out the names on his ballot as aforesaid, the said ballot shall not be counted for any such candidate or candidates. Any person desiring to be voted for as a candidate for nomi- person de- nation at any primary election hereafter to be held shall notify voted fm-'^^ the regularly organized and constituted County Committee or ^^^th^oriues governing authority of the political party, organization or as- sociation of which he is a member in writing of such desire at least ten days before such primary election is to be held. The said ballots shall be printed and ready for distribution at least pi^jnted five days before the day of such primary election. when. ^Sec. 40. That the provisions of this act shall not apply pucabie^o' to any primary election held for the election of delegates to delegates to any State convention called for the purpose of electing dele- com°e"ft\on. gates or representatives to any national [or State] political ;^^^i[iarch^^' convention ; Provided, however, that the regularlv organized 26, i903, 22 ' ' ' ° " ° D. L. o97. County Committee or governing authority of the political party, organization or association by or for which the pri- mary election is held for the election of delegates to any State convention held for the election of delegates to any A^^Mi^ch"*^' national [or State] political convention, shall bear the ^'^- ^' ^^i^' 1. Amended. See Chapter 286, Volume 22. 368 ACTS OF THE GENERAL ASSEMBLY. this Section. And, provided further, that the said govern- f "be at^ex*-°" P®^^® for Conducting such primary election as set forth in pense of party. Also election ing authority ordering or issuing the call for a primary elec- of cl&lG£r3.t8S to other con- tion to elcct delegates or representatives to any * * * Amendment, couuty or city couventiou, shall bear all the expense in- le'^'igot^lt curred by reason of such election. b. L. 597. Act appli- cable to N. C. Co. only. Sale of in- toxicating liquors not prohibited on day of primary election. Sec. 41. That this act shall apply solely to New Castle county, and the laws now in force prohibiting the sale of in- toxicating liquors on the day of any general, special or mu- nicipal election are hereby excepted, and shall not apply to any election contemplated by this act. Passed at Dover, May 27, 1897. 19 D. L. So. AX ACT to provide for the Secrecy and Purity of the Ballot. Section 1. That hereafter it shall be the duty of each in- spector of elections in this State, outside of the City of Wil- mington, to provide a room for the holding of any general or special election («) in his hundred or election district which shall be adapted to the requirements of this Act. Said room shall be at the place now or which may hereafter be established by law in each hundred or election district for the holding of elections, or in as close proximity thereto as practicable, having due regard to the convenience of the voters;^ provided, how- ever, that if any inspector shall select a place for the holding of any general or special election in his hundred or election district other than the one established by law, he shall do it in time to give the notice of holding such election required by law. Said room shall have a door or entrance of easy or con- venient access, and if practicable a separate means of "exit. It shall be provided on the outside with a passage at least four feet wide and with a railing, rope or wire on each side com- mencing at least thirty feet away from and leading to the en- trance to such place of election and passing the place assigned Duty of in- spector to provide a room for holding elec- tions. Place of holding elections. Notice of change of place of holding elec- tions. Plan of room and entrance. 1. See Act June 1, 1898, 21 D. L. at 109, Sec. 2; see also p. 114, Sec. of the same Act. ACTS OF THE GENERAL ASSEMBLY. 369 for the challengers and thence to the entrance of the room in which the election is held. (a) This is the uniform ballot law, undei- which all elections are held all over the State, principally the election held on the Tuesday next after the first Monday in the month of jSTovember as provided for by the Con- stitution. The Court referred to it, and the meaning of an election, as follows : Lore, C. J.: " The election of November 3rd * was held under the provisions of the Constitution naming the day and pre- scribing the mode by ballot. Art. 4, Sec. 1. * * The Constitution of this State provides for the election of Governor, Senators, and other of- ficers named, and prescribes for the purity and freedom of the elections; and the bill of rights provides that all elections shall be free and equal. * * Under our form of government, therefore, an election is the Con- stitutional expression of the sovereign will of the people, as to who shall be their accredited agents to execute the laws, and to preserve their rights and liberties. ' ' State vs. McCoy et al, 2 Marv. 576 at 587. (yr. 1S97) The inspector shall provide for the room a railing therein ^^j^^^j.°'g^i^." separating the part of the room to be occupied by the election ^oom. officers from the remainder of the room. He shall also pro- vide a suitable table and chairs for the use of the election offi- cers. The table shall occupy such a position in said room as to enable the election officers and the challengers hereinafter pro- vided . for to easily communicate with each other. He shall cause to be constructed in the room at least one booth for every Booths. one hundred and fifty voters or fractional part thereof in each hundred or election district ; provided, that there shall not be less than three booths at any one hundred or election district. The booths shall be at least three feet square and six feet high fangement ' if ceiling will admit it. They shall each contain a shelf prop- °^ ^°°'^hs. erly constructed * * * * * *i and they shall be so ac? Maixh 2, constructed and arranged that all the election officers in the L.'^iofi's^c. 2. room can see whether more than one voter enters any one of them at any one time. In the City of Wilmington it shall be Eejar'tment the duty of the Department of Elections to select the voting fi^ ollcity^ place^ in each election district within the city and to pro\nde toi^topro^" the room in which the election is to be held and to protect the iences°fOT '^" same with the required railing or rope and to construct there- elections. 1. Instead of pen and ink, which the above section provided for, it is now "an indelible black lead pencil, or indelible back crayon." Act March 2, 1901, 22 D. L. p. 107. (p. 395 of this volume.) 2. See the two Acts of June 1,^1898, 21 D. L. pp. 94 and 146. (p. 337 of this volume.) 370 ACTS OF THE GENERAL ASSEMBLY. in the necessary number of booths, and to do all other things required to be done by the inspectors of election outside of the City of Wihnington in and about the furnishing and fitting up of said room/ Challengers. Sec. '2.' Eacli of the political parties may select and ac- credit some suitable person as a challenger to stand without the door or entrance of the room in which the election is to be held, and by the side of the passage hereinbefore provided for; and in case of failure of any or all of the political parties to select such person or persons as challenger or challengers it shall be the duty of the inspector and judges to make such selection or selections ; provided, that the challengers may be changed and their places filled in like manner during the day.^ What shall constitute a political party under this Act. Clerk of the Peace may demand certificate of organiza- tion. Sec. 3. A political party within the meaning of this Act shall be an organization of bona fide citizens and voters of any county in this State, which shall by means of a convention, primary election or otherwise, nominate candidates for public offices to be filled by the people at any general or special elec- tion within the State. No organization shall be regarded as a political party that does not represent at least one hundred bona fide citizens and voters of the county in which it exists. If the Clerk of the Peace should have any doubt as to the suf-. ficiency of the number of bona fide voters represented by any organization in any county, he may demand a certificate of twenty-five voters belonging to such an organization as to that fact. Clerks of the g^Q^ 4 The Clcrks of the Peace for the several counties Peace to print ballots, shall causc to be printed on the ballots herein provided for, the 1. For the time of opening the polls, see Act March 20, 1905, 23 D. L. p. 91; and for time of closing election, see Act June 1, 1898, 21 D. L. p. 120, Sec. 20. 2. See Sec. 17 of this Act, p. 379. 3. See Act May 13, 1891, 19 D. L. p. 145, Sec. 14, (p. 284 this volume) where it states the challenger shall stand inside the window. And Act May 20, 1897, 20 D. L. p. 404, Sec. 3, (p. 388 this volume), as to challengers, which provides that the challengers shall act as Clerks of Election in the City of Wilmington. The Judges now name the clerks. The A^ct authorizing the Judges to name the clerks is the Act of June 1, 1*898, 21 D. L. p. 116, Sec. 13. ACTS OF THE GENERAL ASSEMBLY. 371 names of the candidates nominated by the parties recognized by them as political parties within the meaning of this Act. The nomination of the candidates for the office of Governor, Representatives in Congress and Presidential Electors shall be S^^^ctrti'-" certified to the several Clerks of the Peace by the presiding of the Pelcl officer and secretary of the several State party conventions or committees, and the nominations of the candidates for the connty, hundred and district offices shall be certified to the respective Clerks of the Peace of the county in and for which such nominations have been made by the presiding officer and secretary of the proper party convention or committee. The certificate shall be in writing and shall contain the name of ce°rtmcate. each person nominated, his residence and the office for which he is nominated. The persons making such certificate shall add to their signatures their respective places of residence and shall acknowledge said certificate before an oi^cer duly au- thorized to take acknowledgments of deeds, and a certificate of such acknowledgment shall be affixed to the instrument. The certificate shall also designate a title for the partv certificate , . , , . . .to designate which such convention or committee represents, together w^ith figure or de- an}^ simple figure or device by which its list of candidates may be designated on the ballot; provided, that the figure or title or device selected and designated by the State convention or committee of Q.nj party shall be used by that party throughout the State. Only one figure or device shall be used by a party at anv election. The same title, figure or device shall not be Figures or ' . . devices of used by more than one party, and the party first certifying a parties. name, title, figure or device to the Clerks of the Peace shall have the prior right to use the same. Such figure or device „^^ ^ ^ ^ '^ '^ What figures may be the figure of a star, an eagle, a plow, or some such ap- or devices •^ ^ ) o ) ir- . 1 j^g^y ijg used. propriate symbol, but the coat of arms or seal of the State, or of the United States, or the flag of the United States, shall not what shaii ' not be used. be used as such figure or device. In case of death, resignation or removal of any candidate^ Death, resig- _ _ _ "^ nation or re- subsequent to nomination a supplemental certificate of nomi- movai of ^ candidates. 1. See Sec. 9 of this Act, p. 374. In case of death while in office, see Art. Ill, Sec. 9 of the Constitution. 372 ACTS OP THE GENERAL ASSEMBLY. nation may be filed by the proper officers of the State, county, division°and district or hundred committees. In case of a division in any *art^s^who P^^^y and claim by tv/o or more factions to the same party ^arty^flgure ^^^® ^^ title, figure or device, if the division occurs at a State or device. convention, or extends throughout the State, the Clerks of the Peace of the several counties shall, within ten days after any one of them has received the certificates of the contending fac- How decided ^ions, assemble in the office of the Clerk of the Peace at Dover and determine which faction the name, title or figure properly belongs to, giving the preference to the convention held at the time and place designated in the call of the regularly consti- tuted party authorities ; and if within five days^ thereafter the other faction shall present no other party name or title, figure or device and certify the same to the Clerks of the Peace the latter shall again immediately assemble and select some suit- able title, figure or device for said faction and the same shall be placed above the list of their candidates on the ballots. If the certificate of the contending factions shall not be received by the Clerks of the Peace in time for them to assemble at Do- ver before publishing the device and list of candidates in the newspapers, then and in that case, each Clerk of the Peace shall determine for himself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for the other faction. Provided^ that in case of division in any party extending only throughout a countj^, district or hundred, the Clerk of the Peace of the county in which such division occurs, upon the receipt of certificates from the contending factions shall determine which faction is entitled to the party name, figure or device and to have their nominations printed in the proper party column, and should the other faction fail to do so the Clerk of the Peace shall se- lect for them a name or title, figure or device. Peace to pre- Sec. 5. The Clcrks of the Peace of the several counties tiflcates of ' shall cause to be preserved in their respective offices all certifi- nominations. 1. The Clerk of the Peace for outside of Wilmington publishes in newspapers the ballots 10 days before the day of election. See Sec. 7 of this Act, p. 373. The Department of Elections performs the same act for the City of Wilmington. See Act April 6, 1S93, 19 D. L. at p. 986, Sec. S; and see also Sec. 10 of the same Act, pp. 401-402 of this volume. ACTS OP THE GENERAL ASSEMBLY. 378 cates of nominations filed under the provisions of this Act for six months after the date of the filing thereof. Sec. 6. Certificates of nominations herein directed to be Time of m- insT CGrtifi- filed with the Clerks of the Peace shall be filed not less than cates of twenty days before the day fixed by law for the election of the persons in nomination.^ Sec. 7. At least ten days before an election to fill any publication public office the Clerk of the Peace of each county shall cause tions!""^^' to be published in at least two newspapers within his county the nominations to office certified to him as directed in Section 4.- He shall make no less than two publications in each of such newspapers before election. Such publications shall be in what ■ made in two newspapers representing the two principal politi- published.^ ^ cal parties. Provided, that in all cities where a daily news- paper is published such notice shall also be published in two daily papers representing such political parties, if such there be. The lists of nominations published by the Clerk of the Arrange - Peace shall be arranged as far as practicable in the order and ^minations form in which they will be printed upon the ballots and shall designate the devices under which the lists of candidates of each party will be printed. The Clerk of the Peace shall not include in the publication to be made according to this section nations siiaii the name of any candidate whose certificate of nomination from pubi*!- shall have been filed in his office who shall have notified him fi^om 'tife" in writing duly signed and acknowledged that he will not ac- ^^^^^°*^^- cept the nomination. The names of such candidates shall not be included in the names of the candidates to be printed on the ballot as hereinafter provided. Sec. 8. The Clerk of the Peace in each county shall cause cierks of the the names of all candidates to be voted for in his county and prinf ballots, the several hundreds or districts in the same to be printed in parallel columns on one ballot, all nominations of any party being placed under the title and device of such party as desig- 1. As to municipal elections see Act April 6, 1893, 19 D. L. at p. 988. Sec. 10, par. 5, which provides it shall be 10 days before election, (p. 402 ot this volume.) 2. As to notice of time and place of holding election, see Act June 1, 1898, 21 D. L. p. 114, Sec. 8. 374 ACTS OF THE GENERAL ASSEMBLY. Size, form, style and color of ballots. nated by its authorized agent or agents in the certificate or certificates ; or if none be designated, under some suitable title and device to be selected by the Clerk of the Peace. The bal- lots shall be of uniform size and of the same quality and color of paper and sufficiently thick that the printing cannot be dis- tinguished from the back. The arrangement of the ballot shall in general conform as nearly as possible to the plan hereinafter given and the device named and chosen and the list of candi- dates of the Democratic party shall be placed in the first col- umn on the left hand side of said ballot; of the Republican party in the second column, and of any other party in such order as the Clerk of the Peace shall decide.^ Arrange- ment of ballots. Act May 20, 1897, 20 D.L. 403, Sec. 2. Device Democratic Ticket. For Governor : A. B. For Representative in Congress : CD. Device Republican Ticket. For Grovernor : E. F. For Representative in Congress : G. H. Death, re- moval or resignation of candi- dates after printing of ballots. New nomina- tion, pasters etc. Sec. 9. In case of the death, removal or resignation of any candidate after the printing of such ballots and before such election,- it shall be lawful for the chairman of the State, county, hundred or district political organization by which such candidate was nominated, to make a nomination to fill such vacancy ,'and to provide the election officers of each elec- tion district in which such candidate is to be voted for with a number of pasters containing only the name of such candi- date at least ecpial to the number of ballots provided for each election district, but no pasters shall be given to or received by any one except such election officers and such chairman, and it 1. Clerk of the Peace also to fold ballots, so the face thereof will not show. See Act May 20, 1897, 20 D. L. p. 405, Sec. 8, p. 391, Sec. 8 of this volume. 2. See Sec. 4. par. 3 of this Act, and seeAct April 6, 1893, p. 990, Sec. 17 as to a similar provision in the municipal election law of the City of "Wilmington, p. 406 of this volume. ACTS OF THE GENERAL ASSEMBLY. 375 shall be the duty of the clerks of election to put one of such ^e*J<,°of pasters in a careful and proper manner and in the proper ^3^^*'° uch place in each ballot before they shall sign their initials there- pasters. on. Sec. 10. If the printer of such ballots or any person em- Printer of ployed in printing the same shall give or deliver or knowingly low no bai'- permit to be taken any of said ballots by any person other taken out. than the Clerk of the Peace for whom such ballots are being fnan^ other printed, or shall print, or cause or permit to be printed any ballot in any other form than the one prescribed by this Act or with any other names thereon than those authorized by the Clerk of the Peace or with the names spelled or the names or devices thereon arranged in any other way than that author- ized and directed by the said Clerk of the Peace, he shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than one nor more than five years or both at the discretion of Penalty, the court. ^ Sec. 11. The Clerk of the Peace in each county shall Number of ballots to be cause to be printed withm the State of Delaware m the form printed, hereinbefore provided four ballots for every voter in each hun- dred or election district in his county, and the number of voters shall be ascertained in each hundred or election district bv reference to the highest number of votes polled therein at '^ ^ , Number of any preceding election with due allowance for any estimated voters, how ^ ... 3.SC6rt3.1IlGtl. increase thereof. If a new election district has been estab- lished in his county the number shall be estimated by said Clerk of the Peace according to the best information he can obtain. The Clerk of the Peace shall cause the ballots for each Packages of hundred or election district to be carefully' wrapped and tied in two packages each containing the same number of ballots. 1. For a similar provision in the municipal election law of the City of Wilmington see Act April C, 1893, 19 D. L. p. 990, Sec. 17. (p. 406 of this volume.) 376 ACTS OF THE GENERAL ASSEMBLY, Lead pencil ^ziiich packasres shall be plainly marked and securely sealed or cravon. ir' o i ,.' ^ ?cT^!i1-'ch2,^ith wax/ - ........ l^-^^."--- *.*.*-****- J^D^c^to^/s^of Sec. 12. It shall be the duty of each inspector of election appearVt° outside of the Cit}' of Wilmington to appear at the office of the the c^rk of Clerk of the Peace of his county on the day preceding the elec- receivT bai*-° ^^^^ before the hour of three o 'clock in the afternoon, and the b°efor "eiec- Clerk of the Peace shall deliver to him one of the sealed pack- tion. jjg,gg Qf ballots* * * for his hundred or election district, Repealed, "^ p ■, ^ t • -, •, -\ 22 D. L. 108, and the said inspector shall safely keep the said package and To keep produce the same at the place of election and at the time of ^^^^' the opening of the election, provided, however, that in case there shall be a vacancy in the office of any inspector on the day preceding the election, or anj^ inspector for any cause Failure of shall iiot apply to the proper Clerk of the Peace for the pack- to^caif for °^ age of tickets printed for his hundred or election district by cferk of the the hour of three o'clock in the afternoon of the day preceding uver*to° ^^' the election, the said Clerk of the Peace shall deliver said pack- whom. ^gg ^^ some trusty person, who shall deliver it on the day of the election to the inspector of election of such hundred or election district at the place of election and immediately upon the qualification of the election officers. To whom In the City of "Wilmington it shall be the duty of the ei^ed^in the^' President of the Department of Elections, or in. case he cannot mfngton ' ' attend some other member of the Department of Elections au- thorized in writing by the President of the Department of Elections to appear at the office of the Clerk of the Peace of New Castle County on the day preceding each election, on or before the hour of three o 'clock in the afternoon, and the said Clerk of the Peace shall deliver to him one of the sealed pack- Repealed, ages * * * * for each election district in the City of p9T~)T TOR See's. ' ' Wilmington. And the said Department of Elections shall 1. The Clerk of the Peace shall also fold the ballots. Act IMay 20, 1897, 20 D. L. p. 405, Sec. 8, p. 391, Sec. 8 this volume. 2. The Clerk of the Peace now supplies one dozen indelible black lead pencils or indelible black crayons for each election district (instead of stamps as heretofore). Act March 2, 1901. 22 D. L. p. 108, Sec. 3, p. 395 this volume. ACTS OP THE GENERAL ASSEMBLY. 377 safely keep the same and deliver to each board of election offi- cers at the polling- place on the day of the election, at the time provided by law for .the delivery of the ballot boxes/ the bal- lots intended for their several and respective districts. Sec. 13. Any inspector or any other election officer or Penalty of any other person whatever who shall break any package con- fleer or other *' -"^ _ „ person tainina- ballots '* * * *^ or take any ballot therefrom, breaking ° p ■ £ package con- or suffer the same to be done by another, before the openmg oi tainingbai- . . -, lots, before the election, shall be deemed gnilty of a misdemeanor and opening of . inij^Tii election. upon conviction thereof by indictment shall be lined not less Repealed. 22 D. L. 107, than three hundred dollars nor more than five hundred dol- see. 3. lars, and may at the discretion of the court be imprisoned for a term not less than one year nor more than two years. Sec. 14. If by accident or casualty the ballots delivered ^ogs or de- to any inspector or other person by any Clerk of the Peace bauots?^^ °^ shall be lost or destroyed, it shall be the duty of such person having such packages in his custody to report the loss at once to the Clerk of the Peace from whom the same were obtained and make affidavit of the circumstances of the loss, whereupon such Clerk of the Peace shall at once re-supply such person. o?banots! ^ In case such person having in custody said package fails or re- fuses to report and make proof of the loss, any qualified elec- tor may do so, and thereupon such Clerk of the Peace shall at once send a new supply by some trusty person as provided in other cases. In case, for any reason, there should be found no election of- ballots or other necessary means or contrivances for voting, at ballots or the opening of the election, it shall be the duty of the election ^ottnl at officers at such election place to secure the same as speedily as ^ ^° '°"' possible, and, if necessary, such election officers shall have bal- lots printed or written ; provided, however, that such ballots proviso, shall conform as nearly as possible to the official ballots, and the printing and the preparation and the care of the same 1. The ballot boxes are delivered a week or ten days before election. The ballots the day preceding the election. See Act June 1, 1S98, 21 D. L. p. 109, See. 3; and see Sec. 8 of Act of April 6, 1893, 19 D. L. p. 986 as to municipal elections, (p. 401 of this volume.) See also Act May 15, 1891, 19 D. L. p. 91, Sec. 12, p. 376. 2. Indelible black lead pencils or indelible black crayons. See Act March 2, 1901, 22 D. L. p. 108. (pp. 394-395 of this volume.) 378 ACTS OF THE GENERAL ASSEMBLY. Opening of package of ballots. Repealed. 22 D. L. 107. Sec. 3. Duty of clerk of election. Delivery of ballots. .shall be under the same provisions and penalties as the print- ing- and the care of the other ballots prescribed in this Act. Sec. 15. At the opening of the election, after the quali- fication of the several officers, and in the presence of the others, the inspector or the chairman of the board of inspectors shall open the package of ballots in such a manner as to preserve the seals intact. He shall then deliver to the clerk of the election of the opposite political party from his ovm, twenty-five of the ballots * * * * ****** #**#*^i The clerks of the election shall at once proceed to write their initials, in ink, on the ****** back of each of the said ballots.- in their ordinary handwriting, and without any distinguishing mark of any kind. As each successive elector calls for a ballot the clerk of the election having the custody of the ballots shall deliver to him the first signed of the twenty-five ballots, and the inspector shall immediately de- liver to the said clerk of the election another ballot which the clerks of the election shall at once countersign, as before, and add to the ballots already countersigned, so that it shall be de- livered for voting after all of those theretofore countersigned. Instructions ' Sec. 16. The Clerk of the Peace of each countv shall for voting. . i-i t-t-iti't cause to be printed m large t^i^e on cards, m Lnglish and such other language as he may deem necessary, instructions for the gmidance of electors in preparing their ballots. He shall fur- nish twelve of such cards in each of the languages determined upon by him to each of the election inspectors at the same time he delivers to him the ballots for his hundred or election dis- inspectors to trict. Each inspector shall cause to be posted one of each of have cards posted. said cards in each place or compartment provided for the preparation of ballots, and one of each kind of such cards at or near to the outer end of the enclosure leading to the polling place, and not nearer than thirty feet of the polling place, and not less than three of each of such cards, and three samples of 1. Same as not 2, p. 377. 2. The clerks now write the initials "in ink across the back of the ballot as folded, and near the middle thereof." Act May 20, 1897, 20 D. L. at p. 406, Sec. 9. (p. 391, Sec. 9 of this volume.) ACTS OF THE GENERxVL ASSEMBLY, 379 each of the ballots in and about the polling place at the open- ing of the polls on the day of election, which sample ballots shall be printed on different colored paper than the genuine ballots. Said cards shall contain full instructions to the voters ^^^^ ^j .^_ as to what must be done : First, to obtain ballots for voting ; struction. second, to prepare the ballots for voting; third, to obtain a new ballot in place of one accidentally defaced, mutilated or spoiled, also copies of Sections 24, 32, 33, 34 and 35 of this Act. Sec. 17. One challenger appointed and designated by each political party as hereinbefore provided shall be entitled where to to stand at the side of the passage and near the entrance to the room.^ No other person shall remain within thirty feet of said No other ^ . , "^ persons, ex- entrance except for the purpose of offering his vote, and voters cept to vote, . ' . . to be within shall approach and enter the passage in the order m which so feet of n • -r p ne • entrance. they appear for the purpose of voting. If any person offering to vote shall be challenged by one of such challengers or by Challengers. any one of the election oiScers, his right to vote shall be at once determined by the proper officers'- and if his vote is re- fused he shall immediately stand aside and give place to the person next in line, and retire without delay from within the thirty feet space around the entrance to the room. o-io^^*=*=:*w *ActMav2o, 1897. 20 D. L. **##=:;:*****## 403, Sec. 1. Sec. 19. When a voter shall have been passed by the ^f*\™ter'to challengers he shall be admitted to the election room,"* pro- room'°" 1. See' notes to Sec. 2 of this Act. 2. If a person's name be found in the Book of Registered Voters, he shall be permitted to vote unless a majority of the election officers decide he is not the person whose name appears on the book; or that he has be- come disqualified since he registered. If the objection or challenge is on the charge of bribery, he is sworn, and his oath is conclusive. Act June 1, 189S. 21 D. L. p. 119. Sec. 19. See also Sees. 23 and 50. Act of May 13, 1891. 19 D. L. at pp 148 and 157. (pp. 287 and 300 of this volume.) 3. The Act of May 20, 1897, 20 D. L. p. 403, Sec. 1. repealed the office of Voters Assistant, and the Act of March 8, 1901, 22 D. L. p. 109, re-en- acted it. See pp. 387 and 396 of this volume. (The above section referred to Voters' Assistant; but it is not ap- plicable. The law of 1901 applies.) p. 396 of this volume. 4. The clerks, now, are the challengers, and they are in the election room. See note 3 to Sec. 2 of this Act. (The question of challengers is one of doubt.) 380 ACTS OF THE GENERAL ASSEMBLY. vided, however, that there shall not be in the room at any vote^s^ad°/ °^® ^^^® more than one voter for each booth therein. On e?ect!on° entering the room the voter shall announce his name to the room. clerks of election who shall register it. The clerk holding Ballot and ^^^ ballots shall deliver to him one ballot, and the other lead pencil derk shall deliver to him a ^* * * * * 2* * * * by whom Repealed' ^^ deemed necessary, by unanimous consent of the election le?'4'^'''o d" officers an interpreter may be called. The voter shall then, L. 404, Sec. 1. and without leaving the room, go alone into any of the voter. booths wliicli may be unoccupied and indicate the candidates Preparing for whoiii he desires to vote [in the manner following.^ * Repealed, **********] Before leaving the booth 1897,^0 1)!°' or compartment the voter shall fold his ballot so that no part L. 403 Sec. 2. ^^ ^j-^g ^^^^ thereof shall be exposed, and so that the initials Ballots, how '- ' folded. of the clerks of the election shall be exposed and on leaving Repealed. the booth or Compartment shall return the * * ** ^.^ ^j^g Act March 2, ^ 1901. 22 D. L. clerk of the election and deliver the ballot to the inspector 108, Sec. 4. . _ •*■ or to the judge who may temporarily be authorized to act for the inspector, who shall forthwith in the presence of the Howde- voter and of the other election officers deposit the same in posited. '- ^ , , the ballot box ; and the clerks of the election shall write the Duty of ' clerks. word ' ' voted" («) ^ after the name of the voter on the poll list ; Proviso. provided, Jiowever, that if any elector shall show (*) his ballot, or any part thereof to any other person after the same shall What ballot ^^^"^^ been marked, so as to disclose any of the candidates le'jositeV^^ votcd for, sucli ballot shall not be deposited in the ballot 1. The clerk now delivers an indelible black lead pencil or an indeli- ble black crayon instead of a stamp. Act March 2, 1901, 22 D. L. p. 108, Sec. 4, p. 395 this volume. 2. Act May 20, 1897, 20 D. L. p. 403, Sec. 1 abolished office of Voters' Assistant, p. 387 this volume. Act March 8, 1901, 22 D. L. p. 109, re-en- acted it. P. 396 this volume. 3. The method of voting is set out in the Act of May 20, 1897, 20 D. L. p. 403, Sec. 2. p. 387 this volume, and the Act of March 2, 1901, 22 D. L. p. 107, Sec. 2, paragraph 2, p. 394 this volume. 4. The voter before he leaves the booth must return the lead pencil or crayon. Act March 2 1901, 22 D. L. 108, Sec. 4. (It used to be the stamp.) (p. 395 of this volume.) 5. The name of the voter is called out, and it is entered on the list of polls, and the word "voted" is written opposite the name in the "Book of Registered Voters." Act June 1, 1898, 21 D. L. p. 118, Sec. 18. ACTS OF THE GENERAL ASSEMBLY. 381 box. A minute of such occurrence shall be made on the poll list and such person shall not be allowed to vote there- after. The voter shall immediately after voting leave the room and upon his refusal to do so may be ejected there- from, but no voter to whom a ballot * * * or either, ^o^d^^l'^'ios have been delivered shall be permitted to leave the room ^ec 4. .-,. 11P1 No voter to Without voting the ballot or returning^ it to the clerk oi the leave the «.^^-4,4t4t4tp 1 1 -T-j. I'oom with election, ******* irom whom he received it. baiiot. Any voter who shall attempt to leave the room with the bal- II^d^^k'i'os, xv^u * * * in his possession shall be at once arrested on f,®*^, ^' J. O D© ct demand of an election officer.- rested. (a) The notes to this section indicate the changes in the method of voting. This section sho^vs, step by step, however, what the voter must do in voting, and unless he comply, &c., he cannot vote, for voting is not a "right" but a "privilege." Prior to 1897 he used to have to pay a tax, then a dollar registration fee; now he simply gets registered. Comegys, C. J.: "There is no natural right to vote. (59) * * "Pay your tax and you may vote." (65) The whole idea of our original government — that before 1776 — was that only those who paid taxes should vote ; not that all should vote, but only those who helped to support the government. It was a privilege conferred upon such, and such only. ' ' Frieszleben vs. Shallcross et al, 9 Houst. 1 at 59-60. (yr. 1890) (&) This provision does not allow a voter to sliow his ballot. In the case below cited a person was asked lioiv lie voted. Upon objection being made, the Court said : Lore, C. J.: " We think that the provision for secrecy attending the voting gives the voter the privilege of disclosing how he voted or not, as he wishes. There is nothing to prevent his disclosing how he voted if he sees proper to do so. We think the testimony is per- fectly competent to prove how he voted. ' ' State vs. Matlack, 5 Penn. 401 at 417. (yr. 1905) Sec. 20. Not more than one person shall be permitted ^, ^ ^ '■ ^ Number of to occupy any booth at one time ; and no person shall remain persons in ^ '' ^ 7 J- room at one in or occupy a booth longer than may be necessary to pre- time. pare his ballot, and in no event longer than three minutes. No more than one person for each booth in the room other than the election officers shall be permitted to enter or be in ^. , _ ^ Time for the election room at any one time, and no voter or person voting. 1. See Sec. 24 of this Act. p. 382. 2. As to references to stamps, and for penalty for carrying- away lead pencil or craj-on, see Act March 2, 1901, 22 D. L. p. 108, Sees. 2, 3 and 4. (pp. 394-395 of this volume.) 382 ACTS OF THE GENERAL ASSEMBLY. Conversa- tion. offering to vote shall hold any conversation or communicate with any other person than an election officer while in the election room. Defaced or Sec. 21. Any pcrson who shall by accident or mistake mutilated ., ■ » -i -in ballots. spoil, deface or mutilate his ballot may, on returning the same to the clerks of the election and satisfying them that such spoiling, defacing or mutilation was not intentional, re- ceive another in place thereof, and such clerk shall make a minute of the facts on the poll lists at the time, and the mu- tilated ballot shall then be destroyed by the elector in the presence of the election officers. Repealed, Act May 20, 1897, 20 D. L. 403, Sec. 1. What ballots not de- posited. Sec. 22.^ Sec. 23. No inspector of election, or judge acting for the inspector, shall deposit any ballot upon which the initials of the clerks of the election as hereinbefore provided for does not appear or any ballot on which appears externally any distinguishing mark, defacement or mutilation. Penalty for removing or attempting to remove ballots from room, or having any ballot out- side election room. Sec. 24. Any person who shall remove- or attempt to remove a ballot * * * from the election room, or have in his possession outside of the election room any ballot * * * either genuine or counterfeit, during the election, shall be guilty of a misdemeanor, and on conviction thereof by indictment, shall be fined not less than two hundred dol- lars and not more than five hundred dollars or may be im- prisoned for a term not exceeding two years and not less than one. 1. Office of Voters' Assistant repealed by Act May 20, 1897, 20 D. L. p. 403, Sec. 1. (p. 387 of this volume.) It was re-enacted March 8, 1901, 22 D. L. p. 109. (p. 396 of this volume.) Sec. 1 of the Act of May 20, 1897, contains a provision as to physical disability (to which the above section referred) and provides for the call- ing in of an elector or electors, but on this question see Sec. 2 of the new Voters' Assistant Act above, (pp. 387 and 396 of this volume.) 2. For penalty for removing lead pencil or crayon, see Act March 2, 1901, 22 D. L. p. 108, Sec. 3. (p. 395 of this volume.) It is different from the penalty in the above section, which referred to stamps. ACTS OF TtlE GENERAL ASSEMBLY. 383 Sec. 25. That the election officers, * * * * before ^^%%^l entering upon the duties of their office shall each take an j^^l^^j^^ oath that he will not disclose the name of any voter who l^^-j^- *'^^' may change or alter his ballot or for whom he voted or how he marked his ballot ;^ that he Avill not in any manner at- tempt to influence, intimidate, persuade, bribe or coerce any voter in the marking of his ballot or in the making of the choice of the person or persons for whom he votes, and any election officer * * * who shall violate his oath in any l^o^^Ef^L^ibs of these particulars shall be guilty of wilful and deliberate ^^^- 1- perjury and upon conviction thereof by indictment he shall ^°h^**°'^ °^ in addition to the penalties and disabilities annexed to such penalty. crime be fined not more than five hundred dollars and may at the discretion of the court be imprisoned not exceeding two years. ^^^- ^"- Obsolete. Sec. 27. In the counting of the votes anj^ ballot which is wiiat ballots not endorsed with the initials of the clerks of the election as provided in this Act, and any ballot which shall bear any dis- tinguishing mark shall be void and shall not be counted, and any ballot or part of a ballot from which it is impossible to determine the elector's choice of candidates shall not be counted as to the candidate or candidates affected thereby ;- Proviso. provided, however, that such ballots and all disputed ballots Disputed shall be preserved by the inspector and at the close of the preserved. count placed with the seals of the ballot packages in the box into which the ballots shall have been put when read. The election officers shall also record on the tally list memoranda Memoranda. of such ballots and the condition of the seal of the ballot pack- ages ; and in any contest of election such ballot and seals may be submitted in evidence. Immediately on closing the polls all the ballots remaining imvotecl or unused shall be counted and 1. See Act May 20, 1897, 20 D. L. at p. 406, Sees. 10 and 11; (pp. 391- 392 of this volume) and see Sec. 19 of this Act, p. 379. 2. As to ballots not to be received or deposited In the ballot box, see Act of June 1, 1898, 21 D. L. p. 118, Sec. 19; and as to a ballot marked in a certain way, being a marked ballot, and not to be counted, see Act of May 20, 1897, 20 D. L. pp. 403-404, Sec. 2. (p. 388 of this volume.) 384 ACTS OF TPIE GENERAL ASSEMBLY. baiiats"de- clestrovecl by the election officers of the several hundreds or stroyed.how. election districts by totally consuming by fire, and the elec- tion officers shall certify the number of ballots so destroj^ed by them on the respective tally lists. ^ Clerks of the The scvcral Clerks of the Peace shall preserve the ballots Peace to de- „ . . „ . stroy ballots left over in their hands after supplvmo- the hundreds and elec- left over. . . T *~ tion districts, as hereinbefore provided, until six o'clock P. M. of the day of election, and shall then count and destroy, by totally" consuming by fire, all of such ballots but one, which he shall preserve in his office as a record together with his certifi- cate of the number of ballots counted and destroyed by him. Penalty f or neg-lect or refusal of Clerk of the Peace to perform the duties under this act. Repealed. 22 D. L. 108, Sec. 3. Sec. 28. If any Clerk of the Peace or his clerk or any one acting for him shall neglect or refuse to have the ballots * * * *- printed and prepared according to the provis- ions of this Act f or shall neglect or refuse to deliver them in time to the parties properly entitled to receive them, or shall neglect or refuse to do or perform any other duty in and about the preparation and distribution of the ballots * * * re- quired to be done and performed by him by the provisions of this Act. he shall be deemed guilty of a misdemeanor and shall be fined not less than one nor more than five thousand dollars and he may in the discretion of the court be imprisoned for not less than one nor more than five vears. Penalty for election of- ficers reveal- ing certain knowledge. Repealed. Act May 20. 1897. 20 D. L. 403. Sec. 29. If any person being an election officer * * * shall reveal to anj^ person how any elector has voted or what person or persons were voted for by him on any ballot or give any information concerning the appearance of any ballot voted, such person or persons so offending shall be guilty of a misdemeanor and on conviction thereof by indictment shall be fined not more than five hundred dollars and be imprisoned not less than two vears and not more than five vears.* 1. As to the bollots voted and the ballot boxes, see Act June 1, 1S98, 21 D. L. p. 122, Sec. 23; and also p. 132, Sec. 30. 2. See Act March 2, 1901, 22 D. L. 108, Sec. 3 as to lead pencils and crayons, (p. 395 of this volume.) 3. See Sec. 8 of this Act, p. 373. 4. See note to Sec. 25 of this Act, p. 383. ACTS OP THE GENERAL ASSEMBLY. 385 Sec. 30. Any person who shall falsely make or fraudu- f^iseiy^or"^ lently deface or fraudulently destroy any certificate of nomi- ^'g^g^royfng!^ nation or any part hereof ; or file any certificate of nomina- certiffcate of tion kno\^ang the same or any part thereof to be falsely made ; nominations. or suppress any certificate of nomination which has been duly filed or any part thereof ; or forge or falsely make the official indorsement of any ballot ;^ or print or cause to be printed any imitation ballot or circulate the same ; or conspire with others to do any of said acts, or induce or attempt to induce any other person to do any of said acts, whether or not said acts or any of them be committed or attempted to be committed, shall be deemed guilty of a misdemeanor and upon conviction there- of shall be fined not less than one hundred nor more than five hundred dollars or imprisoned in the discretion of the court not more than five years. Sec. 31. If any Clerk of the Peace, inspector of election, penaitvfor clerk of election or judge of elections or trusty person ^ny^pro^is- * * *- shall willfully violate any of the provisions of this J^^^ of this Act in the performance of any duty herein imposed upon him ^^]^^ l^4'o3 for the violation of which no other punishment is herein pro- See. i. vided he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than three nor more than five hundred dollars and may in the discretion of the court be imprisoned for a term not exceeding three years.'' Sec. 32. The Sheriff shall make the ballot boxes and the Duty of tally lists and all other papers to be delivered to the several in- sheriff. spectors conform to the requirements of this Act."* The in- spector or the trusty person for his services in receiving and "^ ^ "^ Compensa- delivering at the place of holding the election as aforesaid the tion of in- . . .,, . spector or packages containing the ballots * * * shall receive two trusty person dollars. 1. See Act April 6, 1893 19 D. L. p 990, Sec 17. (p. 406 of this volume.) 2. OfHce of Voters' Assistant abolished. Act May 20, 1897, 20 D. L. p. 403, Sec. 1. (p. 387 of this volume). The office was re-enacted by Act March 8, 1901, 22 D. L. p. 109. (p. 396 of this volume.) 3. See Act May 20, 1897, 20 D. L. p. 407, Sec. 13, which provides the penalty shall not exceed two years. (This section included a challenger, also.) p. 392 this volume. 4. See Act June 1, 1898, 21 D. L. p. 109, Sees. 3 and 4. 386 ACTS OF THE GENERAL ASSEMBLY. Penalty for entering or attempting to enter elec- tion room or railing con- trary to this Act. Sec. 33. If any person not herein authorized so to do shall enter or attempt to enter the election room, or enter or attempt to enter within the railing leading to the entrance of the election room, or shall remain within thirty feet^ of the polling place contrary to the provisions hereinbefore made, he shall be guilty of a misdemeanor and on conviction thereof be fined not more than two hundred dollars.- Distinguish- ing marks on ballot. Penalty for making. Sec. 34. If any person shall induce or attempt to induce any elector to write, paste or otherwise place on his ballot the name of any person or any sign or device of any kind as a dis- tinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce electors or any electors to so place any distinguishing mark or name on his 'ballot whether or not said act be committed or attempted to be committed, such person so offending shall be guilty of a misdemeanor and on conviction be imprisoned for not exceeding two years. Inducing election of- ficers to vio- late the pro- visions of this Act. Duty of inspector. Oath of election officers. Sec. 35. If any person shall induce or attempt to induce any election officer to violate any of the provisions of this Act whether or not such election officer shall violate or attempt to violate any of the provisions of this Act, such person so offend- ing shall be guilty of a misdemeanor and on conviction shall be imprisoned for a term not exceeding five years. It shall be the duty of each inspector to distinctly read this and the preced- ing section to the election officers at the opening of the polls and each member thereof shall thereupon take an oath that he has not violated and will not violate the provisions of said sections. Penalty for tearing down or destroy- ing conven- iences at voting place. Sec. 36. Any person who shall during the election remove or destroy any of the supplies or other conveniences placed in the booths as aforesaid or delivered to the voter for the pur- pose of enabling the voter to prepare his ballot, or shall dur- 1. See Act May 20, 1897, 20 D. L. p. 405, Sec. 6; p. 390 this volume. 2. See Act June 1, 1898, 21 D. L. p. 117, Sees. 15 and 16, and Sees. 17. 19 and 20 of this Act. See also Act of May 20, 1897, 20 D. L. p. 405, Sec. 7; p. 390 of this volume. ACTS OF THE GENERAL ASSEMBLY. 387 ing an election remove, tear down or deface the cards printed for the instruction of the voters, or shall during an election de- stroy or remove any booth, railing or other convenience pro- vided for such election, or shall induce or attempt to induce any person to commit any of such acts whether or not any such acts are committed or attempted to be committed, shall be guilty of a misdemeanor and on conviction shall be punished by imprisonment for not less than six months nor more than one year/ Q„_, Q7 ********* Expenses, ^^^- ^'- how paid. All necessary costs and expenses incurred by the inspector and Clerks of the Peace in carrying into effect the provisions of this Act shall be paid as other county expenses are paid. Sec. 38. This Act shall apply to all municipal elections to what held in the City of Wilmington, ******** pro^viSs^o^f but it shall not apply ************ ^"^iSj^^^ *********** to the election for mem- bers of the Board of Education in the City of Wilmington. Sec. 39. All Acts or parts of Acts inconsistent with this ^c^ts"re-**^'^'^ Act are hereby repealed. peaied. Passed at Dover, May 15, 1891. -AN ACT to Further Provide for the Secrecy and Purity 0/ 20 d. L.403. the Ballot. Section l.^ (*) * * * * * * * Abolished. Provided, that any person who shall be physically unable to ^,j^^ ^ ^^ prepare, * * * or fold his ballot by reason of such defec- assisted. tive eyesight, or the loss of the use of one or both hands, or in- 1. See Act May 13, 1891, 19 D. L. p. 156, Sec. 49; p. 300 of this volume. 2. This Act is expressly made applicable to all municipal elections held in the City of V^ilming-ton by Act of May 27, 1897, 20 D. L. 407. See p. 414 this volume. 3. The office of Voters' Assistant repealed by this Act, was re-en- acted by Act of March 8, 1901, 22 D. L. p. 109, p. 396 this volume. Under this Act (Sec. 2 thereof) the voter takes the Voters' Assistants in the booth upon mere request regardless of physical disability, i. e., un- der the Act of 1901. 388 ACTS OF THE GENERAL ASSEMBLY. Feigning physical de- fects, misde- meanor. Punishment. ability to walk with safety without assistance, as manifestly renders him unable to prepare, * * * or fold his bal- lot, or to reach the pollings place alone with safety, shall be permitted to bring with him into the election room and booth any elector (or two electors if the nature of the disabil- ity manifestl}'' requires more than one, such as a total disabil- ity to walk) of the polling district for the purpose of render- ing him the necessary assistance. In case any elector shall feign any of such physical defects he shall be guilty of a mis- demeanor, and upon conviction thereof by indictment shall be fined one hundred dollars and shall be imprisoned for noc more than two vears. Printing of ballots. Marking ballot; Changing ballot. Marked ballot. Sec. 2. That all ballots hereafter to be printed under au- thority of any law of this State for use at any general or spe- cial election shall be so printed that no small square shall be placed opposite the name of any person on any ballot, and any elector desiring to vote at any such election shall stamp^ his ballot in the large square enclosing the device at the head of any ticket printed on the official ballot, and may cross out the name of any person appearing on the said ticket under the square so stamped by him. and if he so desires, may insert in lieu of the name so crossed out the name of. any other person nominated for the same office as the person whose name is crossed out, using only a black lead pencil- for such purpose. And it is hereby expressly provided that if in lieu of the name of any person so crossed out the name of any person not nomi- nated for the office for which he is thus voted and whose name is not printed on said ballot, the ballot containing such name shall be treated as and is hereby declared to be a marked ballot and void and shall not be counted. Challengers ggc. 3. That the challengers of the Democratic and Re- to have ° powers of publican parties, respectively, chosen for any general or spe- p63/C6 or ~ cers. cial election hereafter to be held, shall be Peace Officers of the State with the same powers for preserving the peace as 1. Electors now "mark" their ballots. See note following. 2. An indelible black lead pencil or indelible black crayon is now re- quired by Act of March 2, 1901. 22 D. L. p. 107, Sees. 1 and 2; p. 394 this volume. ACTS OF THE GENERAL ASSEMBLY. 389 Inspectors of Election now have, and in the election districts Not to enter ^ ' polling outside the City of Wilmington the challengers shall be sta- places. tioned outside the entrance to the polling room, and shall not be allowed inside of said room. Any person resisting j^pgig^i,.,™ such challenger or challengers, shall be deemed gxiilty of a ^^|j|"^*^''^ misdemeanor and upon conviction thereof by indictment meaner, shall be fined not more than one hundred dollars and may, at the discretion of the court, be imprisoned for a term not exceeding one year ; and in the City of Wilmington the said j^^ ^-uming- challengers shall act as Clerks^ of Election and perform all [gngert^shaii the duties now incumbent upon the Clerks of Election, and ^^t as clerks ^ ' of election. before entering upon such duties shall be sworn as Clerks of Election are now required to be sworn to perform their du- oath. ties as Clerks of Election, and receive compensation as such. Such Clerks of Election and challengers in the City of Wil- mington shall be appointed- by the respective County Com- mittees of the Democratic and Republican parties, and the challengers in the election districts outside of the City of jj^^ Wilmington shall be selected and named by the County Com- appointed, mittees of the said parties. Sec. 4. The County Committees of the Democratic and judges, how Republican parties in each county shall name and select each ^® ®° ® a Judge^ of Election for each election district outside of the City of Wilmington, who shall be appointed and qualified at the time and perform the duties as now provided by law of Judges of Election in the districts for which they are chosen respectively. Sec. 5. That wherever in the laws of this State relating words de- to general or special elections the words "principal political parties" now occur, or words equivalent thereto or so desig- nating parties shall be used, the same shall be taken to des- ignate and are hereby declared to designate the Democratic party and the Republican party. 1. See Act June 1, 1898, 21 D. L. p. 116, Sec. 13. which provides that each Judge shall choose one clei-k of the election. 2. ■ See above note 1, and note 3, p. 370 of this volume. 3. Supplied by Sec. 10 of above Act. 21 D. L. at p. 114. 390 ACTS OF THE GENERAL ASSEMBLY. Special of- ggc. 6. That the Democratic and Republican County trance of Committees may each select and designate one suitable, re- pollmg place. "^ _ ^^ ' putable and sober person as a special officer to stand at the entrance of the polling place, to be not less than thirty feet away from the entrance to the voting room as now provided by law, to regulate the admission of persons to the polling place, and while so stationed and performing their duties as herein provided, the persons so designated shall be clothed with all the powers of officers of the peace as those now given by law to inspectors of election, and any person resist- ing such special officer shall be deemed guilty of a misde- meanor, and upon conviction thereof by indictment, shall be fined not more than one hundred dollars and may, at the dis- cretion of the court, be imprisoned for a term not exceeding one year. Unlawfully ggc, 7/ Before the hour of opening the polls on the day entering x o x voting room of election and at the time of opening the election and after- or doing any j. o unlawful act. wards at any time during the day of the election and before the hour of closing the election, if any person or persons shall enter the voting room or attempt to enter the same for the purpose of interfering with the election officers in the discharge of their duties as such or for any purpose, or shall attempt to molest, disturb or prevent the election officers from proceeding regularly with any general or special elec- tion, or shall take charge of or attempt to take charge of any voting room within in the time herein mentioned for the purpose of preventing or delaying an election or for any other purpose on election day, shall be deemed guilty of a yiis&e- misdemeanor, and upon conviction thereof shall be fined not meaner. jggg than three nor more than five hundred dollars, and shall Punishment, i-jg imprisoned for a term not exceeding three years, pro- Each party videcl, that a single representative of each political party, resented at' leaving nominated a ticket, and such party being represented tkfn^foTand °^ ^^^ ballot then printed for any general or special election, efeetion^^ may at the opening of the election be present to aid in the. 1. This section is supplied in almost similar language in Sec. 16 of Act of June 1, 1898, 21 D. L. p. 117. ACTS OF THE GENERAL ASSEMBLY. 391 proper qualification of the several election officers, and to see that the ballot boxes, tickets, blanks, etc., are all in proper condition ; but as soon as the election officers shall be qualified and ready to open the elections, the proper hour therefor having arrived, such representatives of each politi- cal party shall immediately retire from the election room ; provided, further, that such persons may first vote before retiring if they shall so desire. Sec. 8. That in addition to the duties now required of ^^(^rVi of '■ _ Peace to the Clerk of the Peace in said county relative to the printing have ballots folded. and delivering of the ballots, each of said Clerks of the Peace shall, before delivering said ballots to the several in- spectors of his county as now required by law, cause said ballots to be folded in one uniform manner in his county, in convenient form to be deposited in the ballot boxes, and so folded that no part of the face of the ballot shall be ex- posed.^ Sec. 9. That the clerks of the elections shall write their initials of clerks of initials in ink across the back of the ballot as folded, and election on . 1 . back of near the middle thereof, m lieu of the manner m which they ballots. have heretofore been required to do ; and the voter before leaving the booth or compartment shall fold his ballot as_ ,^. '^ ^ . . Folding near as he can in the same manner in which it was handed baiiot by voter. to him ; but failing to do this he must fold it so that no part of the face thereof shall be exposed^ and so that the initials of the clerks of the election shall be exposed. Sec. 10. In case any elector who may be selected to as- Eie9tor as- "^ sistmg voter sist any person by reason of the physical defects hereinabove disclosing mentioned shall reveal how such elector has voted or what vote. person or persons were voted for by him on any ballot or give any information concerning the appearance of any bal- 1. These duties are performed by Department of Elections as to Municipal Elections in Wilmington. See Act of April 6, 1893, 19 D. L. p. 986, Sec. 8, at p. 401 this volume. 2. There shall be no examination of a ballot except to see that it is single. Act June 1, 1S98. 21 D. L. p. 118, Sec. 18. 392 ACTS OF THE GENERAL ASSEMBLY, lot voted, such elector or electors so offending shall be guilty of a misdemeanor and upon conviction thereof by indictment Punishment ^hall be fined one hundred dollars and shall be imprisoned not less than one nor more than three years/ Misde- meanor. Officer of election com- mitting un- lawful act. Misde- meanor. Punishment. Sec. 11. That if any inspector of election, judge of election, clerk of election or challenger, shall in any way or manner or by any means or device whatsoever make kno^vn or communicate by any means whatsoever or shall attempt to make known or communicate by any means whatso- ever, to any person or persons on election day while the election is in progress, or at any time thereafter, how any elector has or shall have voted, he shall be guilty of a mis- demeanor and upon conviction thereof he shall be fined not less than one hundred dollars and may, in the discretion of the court, be imprisoned for a term not exceeding one year.^ Secreting one's self in election room. Sec. 12. That if any person other than the election of- ficers shall secrete or attempt to secrete himself in any part of the polling room during the hours of election for any pur- pose whatsoever, he shall be deemed guilty of a misdemeanor and upon conviction thereof he shall be fined not less than Punishment, ^^g hundred dollars, and may in the discretion of the court be imprisoned for a term not exceeding one year. Misde- meanor. Any viola- tion of this act. Misde- meanor. Punishment. Sec. 13. If any clerk of the peace, inspector of election, judge of election, clerk of election or challenger, shall wil- fully violate any of the provisions of this act in the perform- ance of any duty herein imposed upon him for the violation of which no other punishment is now provided by law, he shall be deemed guilty of a misdemeanor and upon convic- tion thereof he shall be fined not less (than) three nor more than five hundred dollars and maj' in the discretion of the court be imprisoned for a term not exceeding two years. 1. See note to Sec. 11 of this Act. 2. See Act May 15. 1891. 19 D. L. 85. Sees. 25 and 29 at pp. 97 and 99; (pp. 383-384 of this volume.) ACTS OF THE GENERAL ASSEMBLY. 393 Sec. 1-1. That all acts or parts of acts inconsistent with this act are hereby repealed. Passed at Dover, May 20, 1897. A FURTHER SUPPLEMENT to the act entitled ''An Acf lo?;^. pp. Regulating the General Election." Section 1. That if any person shall, either for himself or fejiaity for ^ ^ ' betting on for another or others, at any time either before or pending any elections. election in this State for public officers or during the reading out and tallying the votes, lay any wager or bet («) on the re- sult of such election or on the election or defeat of any candi- date or person voted for at such election, every person so of- fending shall forfeit and pay to any person who will sue for the same, double the amount of such wager or bet, or double the value of the thing betted ; to be recovered with costs by any person who will sue for the same in his own name by an action of debt as other actions for a like amount are recover- able by law. The stake-holder shall in all cases be a competent fom^fiteift^'" witness to prove such illegal wager. . witness. (a) "The bet was between Alexander Porter, the pi 'tiff, and a cer- tain Joseph Williams, of fifty dollars, on each side, and was in these M'ords : ' ' that if Michael Downey should receive more votes in the City of Wilmington and hundred of Christiana * * than Joseph Williams would receive in the whole county, then Porter was to win; otherwise William to win." (517.) Chief Justice: "On another ground, also, this bet seems to us to be objectionable, that of improperly interfering with the private rights and the feelings of third persons. Upon what principle had the parties here the right to bet on the personal popularity of Michael Downy or of Joseph Williams. These individuals had the right to stand before the public, and to have their claims to office tested without such an interference by third persons as must necessarily have some effect on the result. Our opinion, therefore, is, that the bet is illegal. ' ' Porter vs. Sawyer, 1 Har. 517 at 519. (yr. 1835) ' ' The action below was on a wager on the result of the general elec- tion in New Castle County, and the bet was made on the election day, after the polls were closed^ but before the votes were canvassed. The only question was, whether such a wager could be recovered in a court of justice. The Court decided that the matter was within the policy prohibiting betting on elections, and that the case was within the principle of Porter vs. Sawyer, 1 Har. 517. ' ' Gardner, d. b. a. vs. Nolen, p. b. r. 3 Har. 420. (yr. 1842) Sec. 2. If any stake-holder («) or person with whom anv Penalty on money or thing so illegally betted shall be deposited, shall at paying over. 394 ACTS OF THE GENERAL ASSEMBLY. Persons bet- ting to be competent witnesses. any time either before or after the bet shall have been decided, pay over or deliver to either or both of the persons betting the same, or to any other person by the order or for the use of them or either of them, every such stake-holder or depository shall be deemed equally guilty with the person so betting, and shall be liable to the same forfeitures, to be sued for and re- covered in like manner — and either of the persons betting shall be a competent witness against him. (a) Eecovery cannot be had against a stakeholder. Gardner vs. Grubb, 4 Houst. 448. (yr. 1872) Porter vs. Sawyer, 1 Har." 517 at 519. (yr. 1835) Sec. 3. * *^ * * * Passed at Dover, February 11, 1845. 22 D. L. 107. AN ACT providing that the official ballots shall hereafter he marked hy the Voter when indicating his Choice of Can- didates with an indelible black lead pencil or indelible black crayon. Section 1. That whenever, under any provision of the laws of this State, any voter or elector, at any election here- after to be held in this State, is required to indicate on the of- ficial ballot the candidates for whom he- desires to vote at such election, by marking his ballot in such manner as to indicate for whom he casts his vote, every such voter or elector, at any election aforesaid, shall indicate his choice of candidates afore- said by marking his ballot with an indelible black lead pencil or indelible black crayon, and shall not use any other means or instrumentality for such purpose. To mark the official ballot. What to be used. Sec. 2. That any and all mark or marks uoav required by the laws of this State, to be made on any official ballot, used at ^, „ any election hereafter held in this State, shall be made by the Shall use ^ . black pencil use of the pencil or crayon mentioned in Section 1 of this Act. or crayon. "^ Any elector desiring to vote at any such election shall make a mark, crossing two lines with the pencil or crayon aforesaid, in the large square enclosing the device at the head or top of any ticket printed on the official ballot, in lieu of any Mark made shall be two crossed lines in the square. ACTS OP THE GENERAL ASSEMBLY. 395 mark now required to be made with a stamp ; provided, how- ^nffmTof^ ever, that any voter mav cross out, or scratch off, the name of ^"f ^t"'Ji' '•'•'' ' date, but any person appearing on the said ballot under the square so ^j^J^j^^'g^cii marked by him, and in lieu thereof may or may not write in aforesaid, said ballot immediately over the name so crossed out or not write in scratched off, the name of any other person who is a candidate other candi- for the same office at said election, and the said changes shall change to be be made with the pencil or crayon aforesaid. ™en*cu^r*^ crayon aforesaid. Sec. 3. That it shall be the duty of the several persons . ^ Duty of who, at the time this Act becomes a law, are required by the those re- .,,„., jf ^ quired to laws of this State to provide and furnish any stamp tor the furnish . • T ' T f» • 1 • nieans for use of the voters at any election, to provide and lurnish, m marking bai- lieu thereof, at least one dozen indelible black lead pencils or black crayons for and to each and every election district, in which any election as aforesaid is to be held, for the use of the voters in said election district at any such election. If any Penalty for removing or person shall mutilate, destroy, cancel or take away^ irom any mutilating \ . -,. . T ., -ITT pencils or election district any such pencil or crayon, so provided and crayons, furnished as aforesaid, before or during the time any election mentioned in this Act is being held, he, she or they, shall be guilty of a misdemeanor and shall be fined not exceeding five Fine . therefor. hundred dollars or imprisoned not exceeding one year, or both, in the discretion of the Court. Sec. 4. That it shall be the duty of the several clerks of ^^ty of the election in the several election districts in this State who cilriV tofur- were heretofore required to deliver to the electors or voters, ^Tth pe^ncii the stamp heretofore required, to deliver and hand to each gtlmp^ °' voter thereat one of the said pencils for the purpose of mark- ing his ballot, and it shall be the duty of every such voter at any election mentioned in this Act at the time of handing his ballot to the Inspector of Election or other person authorized ^°rn pencfi' by law to receive his ballot, to return to the said clerics of elec- cierk^after ^ tion the said pencil or craj^on furnished him as aforesaid. votmg. Sec. 5. That if any person shall violate any of the pro- violation of tills S.CL LO visions of this Act, not herein specially provided for, he, she be a misde- ' X ^ r- J J meanor. 1. See Act May 15, 1891, 19 D. L. 94, Sec. 19; p. 379 this volume. See also p. 388, (Sec. 2). 396 ACTS OF THE GENERAL ASSEMBLY. or they shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars or im- prisoned not exceeding one year, or both, in the discretion of the Court. Sec. 6. That all provisions of law in conflict with the pro- visions of this Act are hereby repealed. Approved March 2, A. D. 1901. 22 D. L. 109. ^^^ ACT creating the office of Voters' Assistant and prescrib- ing the Duties thereof. Section 1. That on or before the tenth day of October in each and every j'ear in which a general election is held in this State, it shall be the duty of the Governor to select, appoint and commission an honest and capable man from each of the two principal political parties in each and every election dis- trict in this State, including the districts in the City of Wil- mington, who shall be known as Voters ' Assistants. Governor to appoint vot- ers' assist- ants on or before Oc- tober lOtli. The county- committees of the two parties hav- ing highest and next hig-hest num- ber of votes to submit list of names. If none are submitted Governor to appoint. The County Committees of the two principal political par- ties, which at the general election next preceding cast the high- est and next highest, number of votes respectively, in such County, shall each submit to the Governor the names of three men for such appointment and from said names the Governor shall select one to represent each party, but in no case no name or names is or are submitted by either or both, the Governor shall then make such appointment or appointments as he may see fit. Voters' as- sistants to be in elec- tion room. Shall assist voter when requested. Sec. 2. That the Voters' Assistants shall be stationed within the room where the election is being held, and shall, when requested by any voter assist such voter to mark, alter, change, scratch, or fold his ballot in the presence of the voter and of each other, and shall also, when requested by the voter, read over to him the names of the candidates on the ballot which he desires to vote.^ 1. See Sec. 1 of the Act of May 20. 1897, 20 D. L. 403 (which Act re- pealed the first Voters' Assistant law) which provides that, in case of physical disability the voter may take an elector, or, if necessary, two of them, into the booth with him. P. 387 this volume. ACTS OF THE GENERAL ASSEMBLY. 397 Sec. 3. That if any Voters' Assistant make a false dee- f^enaityjor laration to any voter he shall upon conviction be fined one hun- laration. dred dollars, and any Voters' Assistant who shall decline any voter in anj^ way shall be guilty of a misdemeanor, and on con- viction, shall be fined not less than Two hundred dollars nor more than Five hundred dollars, and may in the discretion of the Court be imprisoned for a term not exceeding five years. Sec. 4. That all Acts or parts of Acts inconsistent here- with be and the same are hereby repealed. Approved March 8, A. D. 1901. AN ACT to Ameud Chapter 418, Volume 14, Laws of DeZa- 25 d. l. 229. ware, entitled "An Act Regulating the Sale of Intoxicat- ing Liquors." Section 1. That Chapter -118, A^olume 14, Laws of Dela- Chap. 41s, . Vol. 14. ware, be and the same is hereby amended by striking out the amended words ' ' and no person licensed to sell liquors shall sell, give the sale of -, . • , • J • 1 • j_i T £ intoxicating away, or dispense any intoxicating liquors on the day 01 any nquors. general, special or municipal- election within one mile of the place where the same is held" in the eleventh, twelfth, thir- teenth and fourteenth lines of Section 14 of said Chapter and inserting in lieu thereof ' ' And no person licensed to sell liquor shall sell, give away, or dispense any intoxicating liquors on the day of any general election ; nor shall any person licensed to sell liquor, sell, give away, or dispense any intoxicating liq- uors on the day of any special or municipal election within one ^ mile of the place where the said special or municipal election is held." Approved April 5, A. D. 1909. AN ACT in relation to Municipal Elections to he held in the 19 d. l. 984. City of Wilmington. Section 1. That Chapter 194, Volume 18, Laws of Del- j^^^^ aware, entitled ''An Act to amend an Act entitled 'An Act ^^p^^^®*^- to revise and consolidate the Statutes relating to the City of Wilmington,' " as amended by Chapter 668, Volume 18, ^^ °- ^- ^^'^^ 398 ACTS OF THE GENERAL ASSEMBLY. Laws of Delaware, entitled ''An Act to amend Chapter 194 of Volume 18 of the Laws of- Delaware," and as published as amended, in Chapter 669, Volume 18, Laws of Delaware, en- 18D. L. 896. titled "An Act to amend an Act entitled 'An Act to revise and consolidate the Statutes relating to the City of Wil- is d l 904 mington, ' as amended April 25, 1889," be and the same is hereby repealed. City^of wiu ^^^- 2- That from and after the passage of this Act, at mington. q^^ elections held in the City of Wilmington, excepting elec- Exceptions. ^ions for members "The Board of Public Education in Wil- Re°-istration mington," the registration, election and canvass of the vote and canvass. ^^^^^ thereat shall in allVespects be conducted in conformity jjQ.^^ with the provisions of the election and registration laws gov- conducted. erning general elections (^) in the City of Wilmington, except as in this Act otherwise provided.^ (a) This section expressly applies the old registration law of May 13, 1891, and the ballot law of May 15, 1891, to municipal elections, ex- cept as otherwise provided for in the Act. The above mentioned Ballot law, in Sec. 38 thereof, also expressly applies that law to municipal elec- tions in Wilmington. The Eegistration Act of 1898 does not expressly make its provisions applicable to municipal elections, and whether Sec. 2 of this Act can be given a prospective application is a question. The law, generally, as to general statutes aj^plying to municii^alities, is as follows : Layton, Justice: " * it is a principle of law, that a general law does not atfect corporations or corporate rights, unless they are expressly mentioned in terms in the law. The election laws refer to State elections and State officers. ' ' State vs. Wilmington City Council, 3 Har. 294 at 310. (yr. 1840) See Sec. 14, " c " of the Charter. Duties of Sec. 3. All duties imposed upon and all powers vested of Elections, in the Department of Elections, created by an Act entitled "An Act to amend an Act entitled 'An Act to revise and consolidate the Statutes relating to the City of Wilmington, ' Chapter 194, Volume 18, Laws of Delaware," are hereby im- posed upon and vested in the Department of Elections cre- ated by an Act entitled ' ' An Act to provide for the registra- 1. This section, when the law was passed, referred to the reg-istration and election laws of 1891, then in force; but it has been given a prospec- tive application, and made to refer to all subsequent laws not inconsistent with its own provisions. ACTS OF THE GENERAL ASSEMBLY. 399 tion of voters in the City of Wilmington," Chapter 39, Vol- ume 18, Laws of Delaware.^ Sec. 4. The election officers and their successors, ap- Shaii hold aii . . r> • T . municipal pointed m accordance with the provisions of the aforesaid Act elections. entitled ''An Act to provide for the registration of voters in the City of Wilmington," shall hold all municipal elections and shall be entitled to receive from the City of Wilmington as compensation for their services, the amounts stated and in ^ '■ ' _ _ Compensa- the manner provided by the aforesaid Act entitled ' ' An Act to tion. provide for the registration of voters in the City of Wilming- ton. "- Sec. 5. At all municipal elections, the election districts Districts, shall be the same as those designated by the Department of •Elections for the general election next preceding. Sec. 6. The Department of Elections for the City of Wil- mington created by the Act which by Section 1 of this Act is repealed, shall immediately upon the passage of this Act trans- fer, deliver and make over to the Department of Elections cre- ated by the Act entitled "An Act to provide for the registra- tion of voters in the City of Wilmington, ' ' all books, records, • Books etc papers, pamphlets and election paraphernalia whatsoever now in its possession or under its control in anywise pertaining to or connected with the said Department of Elections. Each member of the Department of Elections shall receive as com- pensation for his services in any year in which a municipal Annual election is held a salary for such year of five hundred dollars, payable by the city as other officers of the City of Wilming- ton are paid." 1. For the Department of Elections, its powers, duties, &c., see the following Acts: Act May 20, 1898, 21 D. L. p. 139 Sees. 1 and 2 p. 329-330 this volume; Act June 1. 1898, 21 D. L. p. 94. p. 337 this volume; Act June 1, 1898, 21 D. L. p. 146. p. 337 this volume; Act March 8, 1901, 22 D. L. p. 117, p. 338 this volume; Act March 9, 1907. 24 D. L. p. 153, p. 341 this volume; see Act May 13, 1891, 19 D. L. p. 128, p. 272 this volume. 2. For the numerous changes in the Registration law referred to in this section, see the Act itself, p. 272 this volume. 3. See Act May 13, 1S91, 19 D. L. 128, Sec. 2, p. 272 this volume. 400 ACTS OF THE GENERAL ASSEMBLY. Revision of general reg- istration. Sittings. Hours. Oaths. Entries of removals. Sec. 7. That on the [fourth] ^ Saturday next preceding the day of any municipal election there shall be a revision of the general registration, which revision shall be made in ac- cordance with the provisions of the aforesaid Act entitled "An Act to provide for the registration of voters in the City of Wilmington."- To facilitate the transfer of names from one book to another in case of removals of all kinds at least one member of the Department of Elections shall sit at the of- fice of the Department of Elections every day (excepting Sun- day) of the two weeks preceding the last week in the month of April next preceding said municipal election, between the hours of three and five o'clock in the afternoon, and during the last week of the said month between the hours of three and five o'clock in the afternoon and seven and eight o'clock in the evening, and do and perform the following acts, to wit : The member or members of the Department of Elections, sitting as aforesaid, may in any case in which it is deemed necessary, administer to an applicant who personally presents himself, the oath prescribed by Section 6 of Chapter 39, Volume 19, Laws of Delaware, and if in the judgment of said member or members of the Department of Elections as aforesaid the statements and representations made by the applicant are deemed to be true and correct, and if it appear from the reg- istration books that the applicant was duly registered and had voted''' at the general election next preceding, he or they shall, with the aid and assistance of the clerk of the Department of Elections, if his assistance be required, proceed to make such entries in said registration books and public copies as are re- quired to be done by the inspectors of election in such cases, and act and conform in all respects by and in accordance with the provisions of Section 6 of the aforesaid act relative there- 1. Revision of Registration is now on the "fourth" Saturday preced- ing a municipal election. Act March 24 1903, 22 D. L. p. 594. Sec. 1. (See Sec. 18, p. 352 this volume.) 2. Registration is now made almost in toto, under the Act of May 27, 1898, 21 D. L. p. 69. et seq, p. 301 this volume. The hours for revision of registration, however, are as set out in Sec. 4, part 3 of the Registration Act above referred to, viz, the Act of May 13, 1891, 19 D. L. p. 136. (p. 278 of this volume.) 3. It is not necessary, now. that he sliould have so voted. See notes 2 and 3 to Sec. 11 of this Act. (p. 404 of this volume.) ACTS OF THE GENERAL ASSEMBLY. 401 to, provided, liowever, that the lines to be drawn through the |J.|^d^froif name diih' stricken from the registration books and public i^ooks. copies and all entries made by said Department of Elections, or members sitting as aforesaid, in said books of any kind or nature, shall be done with red ink. And said entries of re- ^^°^ erased. moval in said books, when so made, shall be of the same legal force and effect as though made by the inspectors of election ^^^^^ of on the day set apart in this Act for the revision of the regis- tration. Should any one impersonate a voter and through fraud or fopltion^or' " misrepresentation secure the transfer of the said voter's name ^tlon^'^^^''"" from the registration books of the election district where he is registered to the registration books of any otlier election dis- trict such voter shall not thereby lose his right to vote in the quffifled vot- ■election district in which he was legally registered and from fhl "ebV dis? which he had not removed; but every such person impersonat- fiuaufled. ing or making the misrepresentations aforesaid, shall upon conviction thereof be ad.judged guilty of a misdemeanor and shall be punished for each and every offense by imprisonment mea^no'r. in the county jail of not more than two years or by a fine of penalty. not more than two hundred dollars or both. Sec. 8. All Acts required to be performed by or duties Jf ^l^j^rt-®^ imposed upon the Clerk of the Peace or any other county offi- ment. cer by the election, registration or ballot laws governing the general elections in the City of Wilmington shall, in relation to municipal elections, devolve upon and be performed by the Department of Elections. • Power to Sec. 9. The Department oi Elections shall have power to dismiss eiec- „ - , . . , tion officers. dismiss any election orficer, clerk or assistant at any time and supply his place with another person.^ On the first day of January- in any year in which there is to be held a general or 1. For similar powers, see Act June 1, 1898, 21 D. L. p. 146 (p. 337 of this volume) and Act of May 20. 1898, 21 D. L. at p. 140, Sec. 3, part II, (p. 331 of this volume.) The Judges however, appoint the clerks. Act June 1, 1898, 21 D. L. at p. 116, Sec. 13. 2. Under the Act of March 8, 1901, 22 D. L. p. 118, Sec. 6, the Depart- ment organizes in the month of April and at that time, inter alia, ap- points a clerk, (p. 340 of this volume.) 402 ACTS OF THE GENERAL ASSEMBLY. Clerk. Assistants. Salary, how paid. municipal election, (and in the present year as soon as they deem proper) the said Department of Elections shall employ a clerk/ and at any time thereafter, they may employ other assistants, as in the judgment of the members of the said de- partment shall be necessary and proper for the full perform- ance by the department of the duties by this Act imposed, pro- vided the expense thereof shall not exceed fifteen hundred dol- lars in one year, the salaries for the cleric and assistants afore- said to be paid as other municipal election expenses are paid.^ Nomination of candi- dates. Political parties, what so aeemed. Sec. 10. Any organization of bona fide citizens and voters in the City of Wilmington, which shall by means of a convention, primary election or otherwise, nominate candi- dates for offices to be filled by the people at any municipal elec- tion, shall be deemed and taken to be a political party within the meaning of this Act. No organization shall be taken as a political party that does not represent at least one hundred bona fide citizens and voters of the City of Wilmington. If the Department of Elections should have any doubt as to the sufficiency of the number of bona fide voters represented by any organization in the said City of Wilmington, they may Certificates, demand a certificate of twenty-five voters belonging to such an when re- _ . "^ do quired. Organization as to that fact. Ballots. The Department of Elections shall cause to be printed the ballots to be used at municipal elections, in the same manner and under the same laws, as far as they can relate and may be applicable to municipal elections in the City of Wilmington, as the Clerk of the Peace is directed so to do for general elec- tions. Nominations to be certi- fied, and by whom. How made and con- tents The nomination of the candidates for offices to be filled by the people at a municipal election shall be certified to the Department of Elections aforesaid, by the presiding officer and secretary of the proper party convention or committee. The certificate shall be in writing and shall contain the name of 1. See above note, 2, p. 401 of this volume. 2. See Act May 20, 1898, 21 D. L. p. 140, Sec. 3. II. and Sec. 5. p. 144; (pp. 331 and 336 of this volume.) ACTS OF THE GENERAL ASSEMBLY. 403 each person nominated, his residence and the office for which he is nominated. The persons making such certificates shall add to their , , , , . Acknowledg- signatures their respective places of residence and shall ac- "^ent of. knowledge such certificate before an officer duly authorized to take acknowledgments of deeds, and a certificate of such ac- knowledgment shall be affixed to the instrument. The certifi- ^.„ , " _ Title of po- cate shall also designate a title for the party which such con- nticai party, vention or committee represents, together with any simple fig- Figure or ure or device by which its list of candidates may be designated on the ballot. The same devices shall be used at the said municipal elec- „ , . ,. ^ Restrictions tion as w^ere used at the general election next preceding the as to use of. said municipal election ; provided, hoivever, that no device used at the said general election shall be used at the said mu- nicipal election unless the partj^ that selected and used said device at the general election, nominate candidates to be voted for at the said municipal election ; and provided further, that if any new political party or parties should be formed after the said general election, and within twenty days prior to the said municipal election, the said party or parties shall present device of their device or devices properly certified to the Department of part/°^^*^°^^ Elections within twenty days prior to the said municipal elec- tion ; such figure or device may be a star, an eagle, a plow or ments'^*^' some such appropriate symbol, but the coat of arms or seal of the State, or of the United States, or the flag of the United States, or a device previously selected and used at the election pi-ohTbfted. next preceding by another political party, shall not be used as the figure or device of a political party at a municipal elec- tion. In case of death, resignation or removal of any candi- date subsequent to nomination, a supplemental certificate of m" nteVcer- nomination may be filed by the proper officers as aforesaid. In ^.herf med case of a division in any party in the City of Wilmington or a w-ard thereof and claim is made by two or more factions to the same party name or title, figure or device, the Department of Elections within ten days after it has received the certificates of the contending factions, shall determine to which faction the name, title or figure properly- belongs, giving the preference 404 ACTS OF THE GENERAL ASSEMBLY. In case of divisions or disputes within poli- tical parties, the Depart- ment of Elections to decide in certain cases. New title and device, when. Certificate, when to be filed. to the convention or primary election held at" the time and place designated in the call of the regailarly constituted party authorities; and if within five days thereafter, the other fac- tion shall present no other party name or title, figure or device and certify the same to the Department of Elections, the latter shall select some suitable title, figure or device for said faction and the same shall be placed above the list of their candidates on the ballots. The certificates of nomination herein directed to be filed with the Department of Elections shall be filed not less than ten days before the day fixed by law for the election of the persons in nomination.^ Qualifica- tion of voters. Change of domicile, effect of. Sec. 11. That [at] all municipal elections every male citizen of the age of twenty-one years («) and upwards, having resided within the said city for three montlis next previous to the election, and in the election district where he offers to vote for thirty days next preceding the election, who being other- wise qualified to vote at all State elections, and who shall have registered at the registration for the general election next prior to the election at which he offers to vote, and who shall have voted thereat," as shown by the registration books of the inspectors of that election, or who shall have registered at a revision of such registration and no other, shall be entitled to vote ;■'■ if any person who may have had his domicile in said city, shall actually remove to any other place with the inten- tion of remaining there an indefinite time as a place of domi- cile, he shall thereby lose his qualification of residence, not- withstanding he may entertain a floating intention of return- ing at such future time. ( ^ ) (a) Bayard, C. J.: "It is not necessary that he shall have entered upon his birthday, or he would be more than twenty-one years old. He is, therefore, of age the day before the anni- 1. See Act May 15, 1S91. 19 D. L, p. S9, Sec. 7. requiring publication of nominations, (p. 373 of this volume), and also Sec 8 of the Act of April 6, 1893, (this Act,) and 19 D. L. p. 986, p. 401 this volume. 2. Any person whose name is on the "Voting Books of Qualified Voters" may now vote at a subsequent municipal election, even though he did not vote at the preceding general election. See Act March 24, 1903, 22 D. L. p. 594, Sec. 1. (See Sec. 18, p. 352 of this volume.) 3. One does not have to re-register now. If his name is on the "Vot- ing Books of Qualified Voters" he may vote. See above note 2. ACTS OF THE GENERAL ASSEMBLY. 405 versary of his birth ; and as the law takes no notice of fractions of a day. he is necessarily of age the whole of the day before his twenty-first birth- day; and upon any and every moment of that day may do any act which any man may lawfully do. ' ' State vs. Clarke, 3 Har. 557 at 558. (yr. 1840) (b) Eesidence is not always easy to ascertain. The Court : ' ' Domicile or residence in a legal sense, is determined by the intention of the party. He cannot have two liomes at the same time. When he acquires another he loses that home which he has exchanged for the new one. To effect this change there must be both act and intention. "Mere intention to acquire a new domicile without the fact of removal avails nothing ; neither does the fact of removal without the intention. The defendant's intention to leave Wilmington did not change his domicile unless he tvent to Philadel- phila, in pursuance of that intention ; but if he did go in execution of any intention to leave this State, as his place of residence, and find a home elsewhere, that moment he lost his residence here. What his inten- tion was in that behalf must be collected from his acts and declarations. '* * If, for instance, a mechanic in Wilmington, without any intention of changing his residence, should go to Philadelphia to do a job of work, or to work generally, until a job which he had engaged in Wilmington was ready for him, in that case the exercise of his trade in Philadelphia would not be sufficient evidence of his domicile there. But if a person, intend- ing to break up his business in Wilmington and remove to Philadelphia or elsewhere as a home, should go there and exercise his trade, this would be sufficient evidence of a change of domicile, even though he should, be- fore leaving, secure a job of work in Wilmington, and intend to come back for the purpose of doing it,'' and even though "he may entertain a floating intention to return at some future period. ' ' State vs. Frest, 4 Har. 558. (yr. 1847) Rev. Code 1903, p. 141, Sec. 3. State vs. M 'Donald, 4 Har. 555 at 556. (yr. 1845) Sec. 12. The qualified voters of each ward shall, at Members of every biennial election in June, choose a member of Council '-'°*^"^^'" for their ward, resident in the ward. A member moving out Moving from of the ward from which he was elected shall thereby lose his of^''*^' ^^^^* office and the City Council shall fill the vacancy.^ Sec. 13. Whenever by an Act of the General Assembly ^f'^cfty^'"" of the State of Delaware or otherwise, the corporate limits of ^^™^^^- the City of Wilmington are extended and new territory is ac- quired and added thereto, the said Department of Elections is hereby authorized, directed and vested with the power to lay out and designate new election districts, in the manner now by New eiec- law provided, and appoint election officers therefor. tHcts.'^' 1. See Sec. 11 of the Charter. 406 ACTS OF THE GENERAL ASSEMBLY. how^ei^ction ^^^- ^'^- ^ failure to hold an election on election day, or d'i'^soive^he ^^^® omission to cxecute any authority conferred by this Act Authors ° of ^^^^^1 ^ot dissolve the corporation, but the authority of each officers to officer shall continue until a new election can be lesrally held. continue. ° •^ Elections to be by ballot. Plurality of votes to elect. Hours of election. Election expenses. How paid. Annual levy. Sec. 15. All elections shall be by ballot and a plurality («) of votes cast shall make a choice; the ballots used shall con- form in all respects to those required by the general law of the State. Each city election shall be open between "the hours of eleven o'clock in the forenoon and twelve o'clock noon and continue open until seven o'clock in the afternoon, when the same shall be closed. (a) See Sees. 30, par. 2, and 31, ''c" of the Charter. In the absence of an express provision it has been held that it requires a ma- jority vote. Sec. 16. The legal compensation of all members of the Department of Elections, inspectors of election, poll clerks and other officers of election, the costs and expenses of all nec- essary election notices, posters, maps, advertisements, regis- ters, books, blanks and stationery, the rent and cost of fitting .up, warming, lighting, cleaning and safe keeping of all places of registration and polling places, of furnishing, repairing and carting ballot boxes, and all supplies of every kind and nature for city elections in the City of Wilmington, shall be a city charge and shall upon proper certificates and vouchers be paid in the same manner as by law provided for the payment of other expenses of the said City of Wilmington. The City Council of the said City of Wilmington shall yearly levy upon the estates, real and personal, of the said City of Wilmington the amount estimated to be required to ipaj the expenses of registration and of all city elections which may be held in the said city during the year, and all expenses incurred by virtue of the provisions of this Act. Vacancies in candidates, how filled. Sec. 17. In case of death, removal or resignation of any candidate after the printing of such ballots and before such election, it shall be lawful for the chairman of the city, ward or district political organization by which such candidate was nominated, to make a nomination to fill such vacancy and to ACTS OF THE GENERAL ASSEMBLY. 407 provide the election officers of each election district in which such candidate is to be voted for with a number of pasters con- ^^f^lf.^ ^°'" taining onlj- the name of such candidate at least equal to the number of ballots provided for each election district, but no pasters shall be given to or received by any one except such election officers and such chairman, and it shall be the duty of g/gct^jo °^ the clerks of election to put one of such pasters in a careful *i"ty of. and proper manner and in the proper place on each ballot be- fore they shall sign their initials thereon. If the printer of pj-jnter of such ballots, or any person employed in printing the same, ^^ty o^f shall give or deliver or knowingly permit to be taken any of said ballots by any person other than the Department of Elec- tions by the order of and for whom such ballots are being printed, or shall print or cause or permit to be printed any ballot in any other form^ than the one described by this Act and the Act entitled ' ' An Act to provide for the secrecy and purity of the ballot, ' ' or with any other names thereon than and^wha t°is^ those authorized by the Department of Elections, or with the pi'ohibited. names spelled or the names or devices thereon arranged in any other way than that authorized and directed by the said De- partment of Elections, he shall be guilty of a misdemeanor and Misde- on conviction thereof shall be fined not less than one hundred "^^^"o^- dollars nor more than five hundred dollars, or be imprisoned Penalty. in the county' jail not less than one nor more than five years or both at the discretion of the court.- The Department of Elec- tions shall make the ballot boxes and the tally lists, and all ^^d taify^^^ other papers to be delivered to the several inspectors, conform form*° ^^^' to the requirements of this Act and the Act entitled ' ' An Act to provide for the secrecy and purity of the ballot. ' ' Sec. 18. As soon as the polls of an election shall have 9°^®- °^ ^ . election. been finally closed, the inspectors of election in their several Duty of insoGctors. districts shall immediately, and at the place of the polls, pro- canvass of ceed to canvass the votes. Such canvass shall be public and public*^ ^^ 1. As to the form of the ballot, especially the "square" of the same, see note to Sec. 8 of the Act above referred to. viz. Act of May 15, 1891, 19 D. L. p. 89, p. 373 this volume; and see also Sec. 30 of said Act, p. 385 of this volume; and see Act May 20, 1897. 20 D. L. p. 403, Sec. 2, (p. 388 of this volume.) 2. For the same provision as to the general election law, see Act May 15, 1891. 19 D. L. p. 90, Sec. 10. 408 ACTS OF THE GENERAL ASSEMBLY. Canvass, how to be conducted. Counting ballots. Poll clerks. Proclama- tion of result by inspec- tors. Ballots when to be de- stroyed. Disputed ballots to be placed in boxes with certificates. shall not be adjourned or postponed until it shall have been fully completed and the several statements hereinafter re- quired to be made by the inspectors shall have been made out and signed by them. No vote shall be counted or canvassed in any election district unless three qualified voters in such elec- tion district, if so many claim that privilege, are allowed to be present, or so near that they can see whether the duties of said inspectors are fully and faithfully performed. Sec. 19. The canvass shall commence by a comparison of the poll lists from the commencement and a correction of any mistakes that may be found thereon; and such comparison shall be continued until the poll lists agree as to the number of ballots deposited in the box. When they have been made to agree, one of the inspectors shall publicly announce in a loud voice the number of ballots deposited in the box as shown by the poll lists. The inspectors of election shall then immedi- ately proceed to count the ballots. Sec. 20. When the canvass of the ballots found in the box shall have been completed and the poll clerk shall have an- nounced to the inspector the total number of votes received by each candidate, the chairman of the board of inspectors of election, or in his absence the inspector acting as such, shall proclaim in a loud voice the total number of votes received by each of the persons voted for upon the ballots found in the box, and the office for which they are designated, and such procla- mation shall be prima facie evidence of the result («) of the canvass of such ballots. And after the ballots shall have been counted as aforesaid, and the certificates dul.y made out, the said ballots shall then be immediately destroyed unless any of the said ballots shall be disputed or rejected, in which case the said disputed or rejected ballots shall be placed with the said certificates in an envelope and sent to the Department of Elec- tions. (fl) By the Court: " * the Court considers that when the result of it" (election) "is ascertained and announced at the close of it, it is final and conclusive on the officers of the election, and cannot afterwards be reconsidered or varied by them, ' ' &c. State ex rel Wrig:ht vs. Warren, 1 Houst. 39 a't 44. (yr. 1855) Knight & Kennedy vs. Ferris, 6 Houst. 283 at 328. (yr. 1881) ACTS OF THE GENERAL ASSEMBLY. 409 Sec. 21. The inspectors of each election disti-ict shall T/'PHcate '- statements make triplicate statements of the result of the canvass and es- °^ results. timate of the votes. Each of the statements shall contain a ^"'"^ °f ^^^ what to eon- eaption stating" the day on which such election was held, the tain, number of the election district in relation to which such state- ment shall be made, and the time of opening and closing- the polls of such election district. It shall also contain a state- ment showing the whole number of votes given for each per- son, designating the office for which they were given, which statement shall be written or partly written and partly printed, in words at length, and at the end thereof a certificate certificates. that such statement is correct in all respects, w^hich certificates and each sheet of paper forming part of the statement shall gy whom be subscribed by the said inspectors and poll clerks. If any subscribed. inspector or poll clerk shall decline to sign any return, he shall ^3|^riiD°ed. state his reason therefor in writing, and a copy thereof signed gtated1n° ^^^ by him, shall be enclosed with each return. Each of the state- writing, etc. . statements. ments shall be enclosed in an envelope, which shall then be Enclosure of. securely sealed with wax, and each of the inspectors and each ^"nt'of ' of the poll clerks, shall write his name across every fold at which the envelope, if unfastened, could be opened and across the seal thereon. One of the envelopes shall be directed on the Delivery of. outside to the Clerk of the City Council of Wilmington, an- other to the Mayor and the third to the Department of Elec- Tj^jj^gg tions. Each set of tallies shall also be enclosed, securely sealed and signed in like manner, and one of the envelopes shall be directed on the outside to the Department of Elections, and the other to the Clerk of the City Council of Wilmington. On fo"^'|^7|it the outside of every envelope shall be endorsed whether it con- ^g^^^®^'^'' tains the statement or the tallies and for what election district, tents. Sec. 22. At or before the hour of ten o 'clock in the fore- Statements. noon, on the first Monday after the city election, one of the pl*i-tment^of said inspectors in each election district shall deliver to the De- where^tcfioe partment of Elections, at its office, the statement directed to ^hom^"*^ ^'^ it; another inspector shall deliver to the Clerk of the City Council the statement directed to him, and the third inspector shall deliver to the INIayor the statement directed to him. One deuvery of. of the poll clerks shall deliver to the Department of Elections 410 ACTS OF THE GENERAL ASSEMBLY. the tally directed to it, and the other poll clerk shall deliver to Departml'nt ^^^ Clerk of the City Council the tally directed to him. And it and cferk"of ^^^^^ ^® ^^^® ^^^^y ^^ *^^^ Department of Elections, and its clerk, co^uncutobeand of the Clerk of the City Council, and of the Mayor to be receive. present in their respective offices from the time of closing polls until twelve o'clock midnight of the day of the election, and from the hour of eight o'clock to the hour of ten o'clock in the forenoon of the first Monday after the election. In case, for any cause, the Clerk of the Council shall fail to attend at such President of ^"^^^ ^^^ placc, the President of Council shall attend and re- Councii. ceive, take charge of and safely keep said statements and tallies until delivered to the Clerk of Council, or to the Coim- cil at their next stated meeting; and if, for any cause, the Attendance ^I^yor shall fail to attend at such time and place, the state- Ma^yor ment shall be delivered to the City Judge of the Municipal City Judge Court for the City of Wilmington at the City Hall, who shall take charge of and safeh' keep said statements until delivered to the Mayor. Poll list, how Sec. 23. The poll lists kept at such election shall be certi- flied. fied in writing by both jjoll clerks to be a true and correct list of the votes cast at the said election in their respective election districts, and at or before the hour of ten o'clock in the fore- noon of the first IMonday after the city election shall be filed by such poll clerks, the one in the office of the Department of Elections and the other in the office of the Clerk of the City Council of Wilmington. Sec. 24. In case any officer to whom any of the papers in with other the preceding section are directed to be delivered shall be ab- ignatedfor Sent from his office, the same may be delivered to the person authorized in such case to attend to his official duties, and the officer or person to w^hom any envelope containing any state- ment or tally, or to whom any register or copy thereof or poll lists shall be delivered, as in this Act provided, shall give a Receipts receipt therefor to the inspector or poll clerk from whom the therefm- to . . . inir.ini -i- be filed same is received, and such receipt shall be filed by said mspec- Auditor. tor or poll clcrk in the office of the City Auditor of the City of Wilmington before any payment for his services shall be made. ACTS OF THE GENERAL ASSEMBLY. 411 Sec. 25. The members of the Department of Elections ^anvass by '■ Department shall, on the first Monday following each citv election, at the of Elections, ' "^ . " . . when made. hour of twelve o 'clock noon, meet in public session at the City Hall in said City of Wilmington and canvass, (^) declare and certify the result of such election. The envelopes delivered to Manner of. said Department of Elections, as provided by this Act, shall then and not till then, be opened by the presiding officer of said department at such session, who shall mai'k each separate sheet of the statement with the initials of his name and pro- claim and declare the persons elected, and before adjourning the members of said department shall make two certificates in writing, under their hands or the hands of a majority of them, showing the state of the vote for JMayor, President of Council, Members of Council, Assessors and Collectors, City Treasurer and for any and other city officers, for whom votes shall have been cast (when they or any and all of them shall have been voted for according to law) setting forth particularly the name of every person voted for for said offices respectively, and the number of votes cast for each, and shall seal up each of said certificates separatelj^ in a paper with an endorsement thereon describing the certificate enclosed ; and the president, or other presiding officer of the Department of Elections, shall either personally or by person deputed by him, on the first Tuesday following the election as aforesaid, between the hours of ten o'clock in the forenoon and twelve o'clock noon, deliver and lodge one of said certificates in the office of the Clerk of certificates the City Council of Wilmington and the other in the office of election to the ]\Iayor of said city, and it shall be the duty of the Clerk of ered. said Council and the Mayor of said city, each either in person Duty of or by deputy, to be present in their said offices respectively at cierk'of " such time to receive the same. It shall also be the duty of the """^^^ ' Department of Elections or a majority of the members there- of, before the adjournment of said public session, on the first certificates Monday following each city election, to make a certificate in eiec^ed^°"^ writing, signed by them for each person who has been pro- claimed and declared to be elected at said election, which cer- tificate shall be in the following form, viz : 412 ACTS OF THE GENERAL ASSEMBLY. Form. ^Vilmington, Del., June 19 Delivery. Effect. Council to examine certificates. To The undersigned, members of the Department of Elec- tions, do hereby certify that you have been duly proclaimed and declared by said departmetit to have been elected, at the city election held on the day of 19 — , to the office of . Said department shall forthwith cause said certificate either to be delivered personally to the person so proclaimed and declared to have been elected or to be mailed to his iisnal postofjic address. Said certificate shall be prima facie evidence of the rigid of the person to whom it is addressed to hold the office therein mentioned. (&) (a) Lore, C. J.: "The Board of Canvass is a convenient legal me- dium of bringing to one common point, the votes of the scattered election districts ; of ascertaining the aggregate result thereof, and of certifying the result so ascertained for the persons so ap- parently elected. * * The Board of Canvass ' ' has ' ' power only to as- certain and certify the vote actually cast at the election, and" has "no right to determine ■whether they were legal or illegal votes, or whether the election was regularly held or not. In other words, the Board" has "no right to go behind the certificates of the returns of the judges of election. * * " Their duties are ministerial, and they are invested with no judi- cial power that would enable them to ]iass upon the qualifications of vot- ers, or the regularity of the election. ' ' State ex rel Aliee et al vs. McCoy et al, 2 Marv. 465 at 533. (yr. 1896) McCoy et al vs. State ex rel Allee et al, 2 Marv. 5-43 at 561. (yr. 1896) Knight & Kennedy vs. Ferris, 6 Houst. 283 at 328. (yr. 1881) (b) This provision expressly provides for the giving of certificates, but if the law did not so provide, it would not matter. By the Court: "Although no certiticate, or other formal mode of making kdown to a jjerson his election to * * any * public otfice, may be prescribed or required by law, the Court con- siders that when the result of it is ascertained and announced, at the close of it, it is final and conclusive on the officers of the election, and cannot afterwards be re-considered or varied by them. ' ' State ex rel Wright vs. Warren, 1 Houst. 39 at 44. (yr. 1855) . Sec. 26. And the Council of said city, at its meeting for organization on the first day of July next ensuing the city election, or if that daj' falls on a Sunday, then on the ]\Ionday following, shall examine the certificates so delivered to the Clerk of City Council as aforesaid, and if there be no choice for Mayor, President of Council. City Treasurer, Assessor and Collector, or for Member of Council in any of the wards, or any other city officer for whom votes shall have been cast, by ACTS OF THE GENERAL ASSEMBLY. 413 reason of two or more candidates having an equal and the ^I'l^ay^^""' highest number of votes for any of said offices, the Council ^'^ct. shall proceed to elect one of said candidates for such office for which he is a candidate. Sec. 27. If anv candidate for anv of the offices before Contests. mentioned shall choose to contest the right of any person claiming to have been elected to such office, such candidate shall, within thirty days next after such election, cause to be Proceedings, presented to the said Council of Wilmington, his petition in Petition, writing, setting forth particularly the grounds and specifica- tions upon which said election is contested, together with an ^^^ .^ ^ " _ Amdavit. affidavit that such petition is not for the purpose of vexation and delay but that he does verily believe that he has just grounds for contesting such election, and shall also at the same time cause to be delivered to the person whose election is con- tested a true copy of said petition. Upon the filing of such petition and affidavit, the Council («) shall appoint a day, not Ax^imefor less than ten nor more than fifteen days from the time of filing hearing, such petition and affidavit, for hearing and determining the same, giving public notice thereof in two newspapers pub- p^^]^^^ lished in the City of Wilmington, if so many be published at notice. that time, and upon the day appointed for such a hearing the said City Council shall sit in the City Hall, in the presence of such citizens and others as may choose to be present, shall hear Hearing, the allegations and proofs of the party, and shall determine according to the very right of the matter. Evidence shall be confined to the grounds and specifications set forth in the peti- tion. The Council shall have power to issue subpoenas, signed Subpoenas. by the President of Council for the time being and attested by the Clerk, for persons and papers, including all poll lists, papers. tally lists, statements and certificates delivered to the Depart- ment of Elections, Clerk of Council, Mayor of the City, or any of them, to administer oaths and affirmations, to examine wit- nesses, and to do all other things requisite to arrive at a full and perfect knowledge as to the right of the case. The de- counc?i"to cision of the Council, signed by its officers, shall be published iish«i."and in two newspapers printed in the City of Wilmington, if so ^ ^^ 414 ACTS OF THE GENERAL ASSEMBLY. many be published at that time, and shall be final and con- clusive. (^) (a) The Court decided in the case below cited, that the new, or in- coming Council, and not the old, or retiring one, was the Council to pass upon the contest, &c. Willis vs. Eoss. (vr. 1906) See Sec. 30, "b''' of the Charter. (h) The declaration that the decision of "The Council" shall be ' ' final and conclusive, ' ' means only where ' ' The Council ' ' acts honestly and within the law. If it acts outside the law, its illegal action may be reached and reversed by mandamus and certiorari. See Sec. 30, "b" of the Charter. Sec. 28. Board, of Public Edu cation. That nothing in this Act shall be construed to The Board of Public Education" in Wilminsrton. This Act not to affect elections for relate to Or affect any elections for members of Passed at Dover April 6, 1893. CHAPTER 397. This Act ap- plies to mu- nicipal elec- tions of Wilmington. 20 D. L. 407. OF THE GENERAL ELECTION. AN ACT to amend an act entitled ''An Act to further provide for the Secrecy and Purity of the Ballot." Section 1. That the provisions of an act entitled "An act to further provide for the secrecy and purity of the bal- lot," passed at Dover, May 20, A. D. 1897, ***** shall apply to all municipal elections to be thereafter held in said citj^ («) Passed at Dover, May 27, 1897. (a) This is the manner in which all Acts should be drawn if it is intended that they should apply to municipalities, for the general doc- trine is, that constitutional provisions, and general statutes, do not apply to cities unless the intent is clear. Layton, Justice: "The election laws refer to State elections and State officers, ' ' &c. State vs. Wil. City Council, 3 Har. 294 at 310. (vr. 1840) See Sec. 14, "c" of the Charter. ACTS OF THE GENERAL ASSEMBLY. 415 AN ACT to Authorize the Submission to the People of ^Y^l- 24 d. l. 154. mington of Question of Public Policy in Connection ivith the Affairs of the said City. Section 1. On application addressed to the INIayor and and'referen- Council of Wilmington, signed by citizens of the City of Wil- wikn^ngton. mington, qualified to vote at the last preceding election for the Mayor of the said city, aggregating in number not less than ten per centum of the whole number of votes cast at such elec- of^voles^'e- tion for such Mayor, asking for the submission to the people of "^i""'®*^- the said city of any question relating to the aflfairs of the said city, for an expression of opinion thereon, such question shall be placed before the people at the next city election. Every person signing any such application shall put or have put after his signature the designation of the election district in . the said city in which he was qualified to vote at the last pre- ceding election for Mayor of said city. Sec. 2. Such application shall be filed with the Mayor at Application least sixty days before the election at which such question is to and wh^re. be submitted, and the persons signing such applications shall be considered prima facie as citizens qualified to vote at the last preceding election for the Maj'or of said city. Sec. 3. It shall be the duty of the said Mayor, not less Mayor "^ . . . duty of. than twent}^ daj's before the city election at which the said questions are to be submitted, to transmit the same to the per- sons who may then have the duty of preparing ballots for the said election ; and it shall be the duty of such persons to pre- pare separate ballots to be used at the said election, containing ^^^j^^^f the question so to be submitted as aforesaid, with the words "yes" and "no" printed at the foot of such ballot; that is to say, following the question to be voted upon as it appears upon the ballot, the words "yes" and "no" shall appear in the fol- lowing form: Yes No. Any person qualified to vote at such city election may cast How a vote in favor of such question by placing a cross opposite the 416 ACTS OF THE GENERAL ASSEMBLY. word "yes" and any such person desiring- to vote against the same may do so by placing a cross opposite the word "no." How can- Sec. 4. The said ballots shall be prepared, counted, can- returned, vassed and returned in the same way as provided by law in relation to ballots cast at the said citv election. Separate ballot boxes. Sec. 5. It shall be the duty of the persons so required by law to furnish ballot boxes to be used at the city election, to furnish a separate ballot box for each election district in said city, in which separate ballot box the ballots herein provided for shall be cast, and the said ballots shall not be commingled with the other ballots used at such city election. Election of- ficers, duty of. Certificates of results. Sec. 6. It shall be the duty of the election officers in each election district in the said city to count the said ballots after the same have been cast, and to make return thereof in all re- spects as provided by law in relation to ballots cast at the said city election, provided, however, that the number of ballots cast for or against the said question shall be entered upon separate sheets to be furnished for that purpose. Certificates showing the result of the said vote, shall be made in the man- ner as now pi'ovided by law in relation to certificates of the vote cast at the city election, which certificates shall be certi- fied, returned and delivered in all respects as now provided by law in relation to the city election. Expenses to Sec. 7. The expense of printing said ballots, procuring city. ballot boxes, and all expenses connected with the taking of the said vote shall be borne as is provided in relation to other ex- penses incurred at the said city election. Council, &c. Approval of g^c. 8. Should auv question submitted to the qualified any measure ^ i n submitted by electors of the City of Wilmington, as provided in this Act, re- duty of city eeive a maioritv of the votes cast thereon at the said election, and the subject be within the corporate powers of the said Mayor and Council of Wilmington, or of any department or branch thereof, then it shall be the duty of the City Council, or of any commission or any other official or officials of the City of Wilmington having jurisdiction therein, to adopt. ACTS OP THE GENERAL ASSEMBLY. 417 without unnecessary delay, such ordinances, («) rules or regu- lations as may be necessary for putting into effect the popular will thus expressed. The failure of any member of such City Council or Commission, or of any official of said city to per- form any duty herein imposed upon him, or the obstruction, ^®nure^to°do hinderance, or delaj' by him of the adoption of any ordinance, posed."^' rule or regulation as herein provided for, shall be deemed a misdemeanor and be punishable by a fine at the discretion of the trial court. (a) This section prescribes that after the people have voted upon questions submitted to them, it shall be the duty of the Council to ' ' adopt * * ordinances * * for putting into effect the popular mil thus expressed. ' ' And the failure of a member of the Council to do so, &c., ' ' shall be deemed a misdemeanor, ' ' &c. This provision simply makes a puppet of ' ' The Council. ' ' It robs it of all discretion and judgment, and forces it, whether it thinks it wise or unwise so to do, to pass the ordinance desired. It is, therefore, clearly a case of the people at the polls, (not "The Council") deciding the matter, and enacting legislation. Aud this cannot be done, as the Legislature can- not delegate its legislative powers to the people, unless the Constitution be first changed to that effect. In August, 1907, "The Council" "passed" an ordinance requiring the assessors and collectors of taxes to give bonds with surety companies, instead of freehold bonds as prescribed by the Charter. The case was taken to Court, and the Court decided the Charter provision could not be thus repealed. This case, known as the Sayers case, is cited at the foot of this note. In the case of Eice vs. Foster, 4 Har. 479. (yr. 1847) the Court said: Booth, C. J.; " The legislative, executive and judicial powers com- pose the sovereign power of a State. * * Having thus transferred the sovereign power, the people cannot resume or exer- cise any portion of it. * * It is equally clear that neither the legisla- tive, executive, nor judicial dejiartments, separately, nor all combined, can devolve on the people, the exercise of any part of the sovereign power, with which each is invested * * and in no case whatever can they be transferred or delegated to any other body or persons; not even to the whole people of the State, and still less to the people of a county. * * If the legislative functions can be transferred or delegated to the people, so can the executive or judicial power," p. 488-9. In a later case, the Court said : Harrington, C. J.: " The judgment in Eice vs. Foster, imposed no limit on legislative power, as existing in the Gen- eral Assembly. It only denied the right to delegate that power, to be exercised by a direct vote of the people themselves; a principle which has since been recognized, we believe, wherever it has been judicially consid- ered. ' '■ State vs. Allmond, 2 Houst. 612 at 639. (yr. 1863) In the Fountain case, below cited, the Court said: Penneicill, J.: "Eeference has been made in the argument to the case of Eice vs. Foster, 4 Harr, 479, in which it was held that the Local Option Act of 1847 was, under the Constitution then in force, an unconstitutional exercise of legislative power. The decisions in that case made it impossible for the Legislature to pass any valid law authorizing the people to decide by ballot whether the manufacture and 418 ACTS OF THE GENERAL ASSEMBLY. sale of intoxicating liquors should be licensed or prohibited, and such condition necessarily continued until there was a change in the funda- mental law, ' ' (fee, meaning a change in the Constitution. State vs. Fountain, 6 Penn. 520 at 527. (yr. 1908) As to what duty, if any, one owes to such so called "laws," i. e., where the legislative power has been delegated to the people, and the people have voted upon questions thus submitted to them, the Court said: Harrington, C. J. : — ' ' the delegation of such power is unauthorized and invalid, and the execution of it is not an act of legislation, but of usurpation, which the citizen is not obliged, and the other departments of government are not at liberty to obey." Eiee vs. Foster, 4 Har. 479 at 503. (yr. 1847) The case below cited, (it being the same one above mentioned, in re- gard to surety bonds,) makes the said act worthless, as all ordinances passed pursuant to it, would be void, as was the one in the Sayers case. State Del. ex rel The Mayor and Council of Wil. vs. Sayers. (yr. 1907). App. Dock. p. 425. See Sec. 97, " a " of the Charter. to°operate^ Conviction of sucli ail offense shall operate to remove the from office person so convicted from any municipal office he then holds, and render him ineligible to hold any position as an official or emploj^ee of the City of AVilmington for a period of five years from the date of such conviction. Approved March 9, A. D. 1907. ACTS OP THE GENERAL ASSEMBLY. 419 CHAPTER XII. ACTS IN RELATION TO PUBLIC SCHOOLS. Page Act to Provide for the Or- ganization and Control of the Public Schools of the City of Wilmington 419 Act Vesting Title to Cer- tain Schools in Board of Education 438 Act to Compel the Attend- ance of Children at Public Schools 439 Act Providing Graded School Facilities for the Children of this State. Provisions Applying to Wilmington 445 Page Act Requiring the Consti- tution of the State to be Taught and Explained in Schools 450 Act to Provide for the Purchase and Display of U. S. Flags on School Buildings 450 Act Authorizing the Board of Education to Borrow $160,000 for Erecting and Equipping School Houses in Wilmington 451 AN ACT to provide for the organization and control of the 23 ^ l i40. Public Schools of the City of Wilmington. Section 1. That the City of Wihuington with the terri- city of wii- •^ mington tory within its limits, or which in the future mav be inchided consolidated "^ ' . * . , school dis- by additions thereto, shall be and constitute a consolidated trict. school district, and the supervision and government of public schools and public school property therein shall be vested in a board of thirteen members, to be called and known as the "Board of Public Education in Wilmington." Said Board of goardof ^ Education. Education as hereinafter constituted, is hereby created a cor- ^ Incorpo- poration, («) having perpetual existence and succession, and bj' lated. and in said name shall have power to purchase, lease, receive, Powers, hold .and sell property, real and personal, sue and be sued (^) and to do all things necessary to accomplish the purposes for which such school district is organized, and shall succeed to and be vested with, and be seized and possessed of all the privileges and property of whatever kind or nature granted or belonging to any previous school corporation, or Board of Education, or 420 ACTS OF THE GENERAL ASSEMBLY. school districts in the City of Wilmington and said territory, or officers thereof authorized or empowered by an enactment of the General Assembly of the State to do anything in refer- ence to public education, or to hold any of said property. (a) Note that the "Board of Public Education in Wihnington" is a corporation. The Street and Sewer Department, the Water Department, and the other departments of the city, are simply agencies of the city,- — ■ agencies of ' ' The Mayor and Council of Wilmington. ' ' (b) For the meaning of these powers, see Sec. 2, "a,' and " d. " of th*e Charter. "b," Powers and duties. Kinder- gartens. Grades. Sec. 2. The Board of Education in Wilmington shall have general and supervising control, government and management of all the public schools and all public school property of the city; shall exercise generally all powers in the administration of the public school sj'stem therein, appoint such officers, agents and employees as it may deem necessary and fix com- pensation ; shall have power to lix the time of its meetings, to make, amend and repeal rules («) and by-laws for its meetings and proceedings, for the government, regulation and manage- ment of the public schools and school property of the city, and for the transaction of its business. The said board also shall have power : (a) ' ' Eules ' ' must be general in their application. For the legal meaning of the word, see Sec. 76, "a" of the Charter, and the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 176. (yr. 1894) 1. To establish kindergartens, elementary schools, one or more high schools, manual training schools, or classes, evening school, special and truant schools, training schools or classes for teachers, and to discontinue or consolidate any of such schools. 2. To establish or change the grades of all schools and to adopt and modify courses of study therefor. 3. To fix a standard of minimum qualifications as a neces- Of teachers and their quaiiflca- gary requirement for the service of all superintendents, prin- xions, S3,l3,ry, etc. cipals and teachers, («) to fix their salaries, and to dismiss them at any time for incompetency, neglect of duty or immorality ; after an impartial hearing of charges to prescribe and enforce Salaries. ACTS OF THE GENERAL ASSEMBLY. 421 such rules and conditions as it may deem proper for the ad- gtc'^oT^""' mission, suspension or expulsion of pupils of said school. pupus. (a) As to employing, &c., teachers, see Smith vs. School Dist. 1 Penn. 401. (yr. 1898), and Kitchens vs. School Dist., 5 Penn. 325. (yr. 1905) 4. To purchase, lease or improve land and sites for school ing and "' houses and school purposes ; to build, purchase, lease, enlarge, thereof.^'^ improve, alter and repair school houses and their appurte- nances; to purchase, improve, exchange and repair school ap- paratus, books, furniture and appendages ; to procure fuel and defray the contingent expenses of schools under its control ; to pay the salaries and wages of all officers, principals, teachers and employees of said Board of Education. 5. To appoint as herein provided : 1. A Secretary of the Board of Education, who will serve secretary. during the pleasure of the Board. 2. A Superintendent of Public Schools who shall serve superin- during the pleasure of the Board. The Board may from time assistant. to time appoint one or more persons to assist the Superintend- ent in the discharge of his duties. 6. The Board of Public Education shall have power to Rules and enact rules («) and regulations for the proper execution of all duties devolved or devolving upon said Board, its members and committees ; for the transaction of all business pertaining to the same; for defining the duties of all its officers, clerks, superintendent, principals, teachers, subordinates and em- ployees; for regTilating the manner of making disbursements from any of the funds appropriated for school purposes ; for the execution of all powers vested in it by law, and for the pro- motion of the welfare and best interests of the public schools and public school system of the city.^ (a) See Sec. 2, "a" of this Act as to the meaning of the word "rules." 1; See Sec. 16, 21 D. L. p. 185 as to certain duties of each Board of Education of incorporated school districts as to flags, maps of the U. S. and the State of Delaware, the teaching of physiology and hygiene, and the effects of alcoholic drinks and narcotics upon the human system, and the teaching of the Constitutions of the U. S. and the State of Delaware, when instruction is given in U. S. history. See also 20 D. L. p. 22 as to U. S. flag. (See p. 450 this volume as to Act.) See also 24 D. L. p. 222 where the Constitution of the State of Delaware is required to be taught and explained to the scholars of each and every one of the .public schools of the State. (See p. 450 of this volume for the Act.) 422 ACTS OF THE GENERAL ASSEMBLY. Board of Education, number. President, how chosen. ■^Tien to be elected. Terms. Vacancy. How to be filled. Term of appointee. Vacancy of President, how filled. Term of appointee. Sec. 3. On and after the thirtieth day of June, 1905, the Board of Education in Wilmington shall be composed of thir- teen members, one of whom shall be elected from each of the wards of the said city by the electors residing («) in each ward respectively", and the remaining member who shall be the Presi- dent, shall be elected by the electors of the city at large. At the city election for members of the Board of Education to be held on the second Saturday in June, 1905, one member of said Board shall be elected from the residents in each of said wards by the electors residing in each ward respectively. Members from the First, Third, Fifth, Seventh, Ninth and Eleventh wards shall be elected for the term of two (2) years; those from the Second, Fourth, Sixth, Eighth, Tenth and Twelfth wards for the term of four (4) years. The President shall be elected for the term of four (4) years. Their terms of office shall commence on the thirtieth day of June, 1905, at 12 o'clock noon. At an election to be held bienniallj^ on the sec- ond Saturday of June in the City of Wilmington next preced- ing the expiration of the terms of any of the said members of the Board of Education their successors shall be elected for a term of four years each. Kemoval of any member of said Board from the ward from which such member was elected shall create a vacancy in his office. In case a vacancy shall occur in the office of a member of the Board of Education for any cause, the remaining members of said Board shall fill such vacancy hj the appointment of a suitable person from the ward where such vacancy occurs, qualified by law to be elected thereto ; and the person so appointed shall hold office by virtue of such appointment, until the thirtieth day of June following the next succeeding biennial school election, at which election a member shall be elected, as provided in this Act, for the un- expired term. In case a vacancy shall occur in the office of the President, the Board shall fill such vacancy by the appoint- ment of one of its members qualified by law to be elected there- to ; and the person so appointed shall hold said office of Presi- dent by virtue of such appointment until the thirtieth day of June following the next and succeeding biennial school elec- ACTS OF THE GENERAL ASSEMBLY. 423 tion, at which election a new President shall be elected, as pro- vided in this Act. (a) Eesidence is a question of intent, or rather of act and intent combined. See Sec. 11, "b, " j). 405 of tliis volume. Qualifica- tion I bers. Sec. 4. The members of the Board of Education shall be at least twenty-five years of age, and shall have been residents («) tionof mem- of the City of Wilmington for at least three years immedi- ately preceding their election ; said members shall have been bona fide free holders in said city for at least one month before their election, and must be qualified to vote at school elections. They shall be ineligible to any elective or appointive office un- der such Board of Education while holding membership in ^haf offll^es. said Board. They shall not be interested either directly or in- interest in directly in any contract with or claim against the said "Board quaHfies.*^^^" of Public Education in Wilmington." If at any time after the election of any member of said Board, he shall become in- terested in any such contract with or claim against said Board, he shall thereupon be disqualified to continue as a member of said Board, and a vacancy shall thereby be created. Every member of said Board shall, before assuming the duties of his ^^^^■, office, take an oath or affirmation before some one qualified to administer oaths, that he possesses all the qualifications re- quired by this Act, that he will honestly and faithfully dis- charge the duties of his office, that he will not, while serving as a member of said Board, become interested, directly or indi- rectly, in any contract with or claim against said Board, and that he will not be influenced, during his term of office, by any political or sectarian considerations, or by anything except that of merit and fitness in the appointment of officers and the engagement of employees, and that he is a bona fide resi- dent of the ward from Avhicli elected. No compensation shall compensa- be .received by members of the Board ; but they shall be ex- empt' from jury duty during their term of office. Each mem- ber, before entering upon office shall take the following oath or affirmation: I, do solemnly swear (or affirm) Form of that I have been a bona fide freeholder in the City of Wilming- ton for the period of one month prior to my election, and a qualified voter in the ward for which I am chosen a member of the Board of Public Education in Wilmington : that I will 424 ACTS OF THE GENERAL ASSEMBLY. By whom to be adminis- tered. Removal of member for what rea- sons. Notice of charges. Hearing diligently and faithfully perform the duties of a member of said Board according to the best of my knowledge and judg- ment ; and that I will not be controlled in any vote or action as a member of said Board from political or partisan considera- tions. Such oath or affirmation may be administered by the President, Secretary, or any member of the Board as well as by any officer by law authorized to administer oaths or affirma- tion. (a) As to the legal meaning of this Act. ■ residents, ' ' see Sec. 3, of The Board ma}^ remove any of its members upon proof, either of official misconduct in office, or of negligence of offi- cial duties, or of conduct in any manner connected with his official duties which would tend to bring discredit to his office or the school system, or of mental or physical inability to per- form his duties as a member of said Board; but before such removal of said member, he shall receive due and timely notice in writing of the charges against him, and a copy thereof, and shall be entitled to a hearing before said Board, and to the as- sistance of counsel at said hearing. Elections, how held. Manner of naming candidates. Manner of nominating. Sec. 5. Elections for said Board shall be held under the provisions of the general laws («) governing city elections, so far as they are consistent with the provisions of this Act. Not later than fifteen days before any election for members of the Board of Education provided for in this Act, electors qualified under the provisions of this Act may present names of candi- dates for election as members of said Board of Education to a board of canvassers, consisting of the President of the Board of Education, the Mayor, the Treasurer and the City Solicitor of the city, in the manner following : Each candidate shall be proposed in writing by not fewer than twenty-five of said qualified electors. No more than one candidate may be named in any one petition, and no person may sign more than one petition for any one election. Candidates for election in each of the Avards must be proposed by qualified electors residing in the respective wards. The candidate for election for Presi- dent from the city at large, may be proposed by qualified elec- tors resident in any part of the city. Said proposition or pe- ACTS OF THE GENERAL ASSEMBLY. 425 titions nominatino' candidates for said Board of Education Petitions of ^ nomination shall be tiled with the Secretary of said Board, who shall be ^^^'^ ^'ith _ ' whom. ex-officio the Secretary of the said board of canvassers. Upon the presentation of such petitions to the board of canvassers, the said board of canvassers shall publish at the expense of the said Board of Public Education for five secular days next pre- ceding said school elections, and the names so proposed, in at least two daily newspapers of the city, and shall certify at the ^g^l^jn"^' time required by law such nominations to the Department of ^^'^ news- , . papers. Elections for said city. Said Department of Elections shall prepare ballots in form as hereinfter directed printed on Ballots, how -^ ^ , '■ prepared. plain paper, at the expense of the said Board of Public Edu- cation, containing the names of all such candidates, arranged in an order to be determined according to lot by said board of canvassers. Ballots to be used at such school elections shall f of."! °^ ballots. contain the words "School Election in First ward and like- wise for each of the other wards," the date of holding said election, the names of the candidates arranged in so many groups as may be necessary so that there may be appropriate designations and directions at the head of each group showing the terms for which the persons therein were nominated, whether they are nominees for such ward or for the city at large, and the number of persons who may be voted for in each group. The electors shall designate their choice of candidates how to^vote. to be voted for in each of such groups by drawing a line through the names of all persons in each group, except those candidates in each group desired to be voted for by them. De- fective designation of an elector's choice in one or more of such groups of candidates shall not invalidate said ballot so far as there shall appear to be a proper designation of choice in any other of said groups of candidates. Such ballots shall voted*^' ^^°^ be voted at said special election and deposited in a ballot box provided by the said Department of Elections for such pur- pose. The name of any candidate shall not be thus published and placed on the official ballot by said board of canvassers if dltl^s name' it shall appear that he is ineligible for membership on the said nshed!'^ Board of Education under the provisions of Section 4 of this Act. The candidate or candidates to be elected from each School Election District receiving the plurality of votes from 426 ACTS OF THE GENERAL ASSEMBLY. Plurality of votes de- termine. Qualifica- ■ tions of electors. Proviso. Female in- habitant, when may vote. Tax receipt prima facie evidence of right to vote. Challenge. Oath of fe- male when challenged. such district, and the candidate or candidates to be elected from the city at large receiving the plurality of votes for the city at large shall be declared elected. If at any election a member is to be chosen to fill a vacancy and to serve out an unexpired term, candidates may be chosen as above provided. (ft) Under a similar provision, whereby portions of the general elec- tion law were incorporated in the Board of Education Election, the Court held that the provision, in the general election law, relating to assaults and batteries on election oflficers, was applicable in cases of assaults and batteries on election officers holding the Board of Education election, and that, in such cases, the Municipal Court, and not the Court of General Sessions, had exclusive jurisdiction. State vs. Anderson, I Marv. 526 at 527. (yr. 1893) See Sec. 47, "a," p. 299 of this volume. Sec. 6. Said members of the Board of Education shall be chosen by ballot in manner and form hereinbefore provided by the residents of the city who shall have been qualified to vote at the last preceding city election. Provided that everj^ female inhabitant of said city Avho is of the age of twenty-one years («) and upwards, and has re- sided (^) within said city for three months next preceding the election for members of the Board of Public Education in Wil- mington, and in the ward where she offers to vote for at least one month next preceding said election, and who shall also be a bona fide freeholder within said city and shall have been. as- sessed for and paid a school tax for the City of Wilmington for the preceding year, shall be entitled to vote for members of said Board. In the absence of objection or challenge, the production of a receipt for said school tax shall be prima facie evidence of the right of said female inhabitant to vote at said school election. In case of objection to or challenge of said female voter, the inspector of said election shall cause said fe- male voter offering to vote at said election to take the follow- ing oath : I, do swear (or affirm) that I am of the age of twenty-one years or upwards, and have resided within the City of Wilmington for three months last past, and in the ward where I now offer to vote for at least one month last past. (a) One is of the age of 21 years the day tefore the anniversary of hi^ birthday. See Sec. 11, "a," p. 404 of this volume. (b) See Sec. 3, "a" of this Act, as to "residence." ACTS OF THE GENERAL ASSEMBLY. 427 The taking of said oath shall not relieve said female in- habitant offering to vote as aforesaid from the production at said election of the receipt for said school tax as aforesaid. Every female inhabitant of said city possessing the re- hibitint"' quirements above specified, shall be qualified to vote at all elec- "^^* *° ^°*®- tions for members of said Board, and if 25 years of age or up- membLl-ship wards, shall also be eligible for membership in said Board. ""^ Board. No member of City Council shall be a member of the ^^'^ i^eu"^^^" Board of Public Education. The Board of Education shall f^^^^^^ appoint a place or places for holding the school election in each ^/l^^t^o^f ward, and give notice thereof in two or more newspapers pub- gQl^d*^ dished in the City of Wilmington for ten days previous to the j^^^j^g time of holding said election, and shall also give at least four days' notice thereof by hand bills, under the name of the Sec- retary of the Board, posted in four or more of the most public places in each ward. The Department of Elections of the City of Wilmington shall, at the request of said Board, appoint ^i^c*tion.°^ three men as inspectors for each polling place designated as aforesaid, whose duty it shall be to hold said election and judge of the qualifications of voters, and otherwise conform to the requirements of law in that behalf. The three inspectors thus appointed for any polling place shall be from among those persons who at the last preceding city election acted as inspectors within the ward in which they are appointed to hold the school election, and they shall not all be of the same politi- cal faith. Two of said inspectors may act as clerks, and as a party'^repre- part of their duties shall keep a list of the names and resi- s^"*®*^- dences of electors who shall have voted at each polling place. The election of members of the Board shall be held on the sec- Time of ond Saturday in June in the year nineteen hundred and five, ®i®'^tion. and at the same time in every second year thereafter. Said election shall be held in the afternoon, the polls being opened Opined! ^" at twelve o'clock or within thirty minutes thereafter, and closed at six o 'clock. If the inspectors appointed and directed as aforesaid to hold said election shall refuse to serve or are eiectiorf o°f- not at the place of election at the time of opening the polls, openlifg of the voters present, shall by plurality, without ballot, choose an ^nla. °^ officer or officers for holding the election in the place of the 428 ACTS OF THE GENERAL ASSEMBLY. Oath of election of- ficers. Organiza- tion of elec- tion officers. Chairman. Voter chal- lenged. Oath to challenged voter. "When voter may be re- fused. Perjury. one or more so refusing or not present. The officers holding the election shall, before opening the election, each take an oath or affirmation as follows : I, , do solemnly swear (or affirm) that in holding the election this day for members of the Board of Public Education in Wilmington, I will faithfully discharge my duty and make true certificates thereof and deliver the same according to law, so help me God (or, I solemnly affirm). The inspectors appointed or chosen as aforesaid to hold said election shall meet at the polling places to which they are allotted, and shall organize as a Board by selecting one of their number to act as chairman, but in case of failure to so organ- ize within fifteen minutes after the time fixed for meeting, the chairman shall be selected by lot. The inspector selected as chairman is authorized to administer the oath or affirmation hereinbefore provided to the other inspectors and either of them or to each other. Any person applying to vote for members of said Board may, on any day of election, be challenged by anj^ qualified voter of the City of Wilmington ; and any one of the inspectors of election at the polling place where said person is challenged may, at any such time or times, and one of them shall, admin- ister to any male person challenged the following oath or af- firmation : You do swear (or affirm) that you will fully and truly answer such questions as shall be asked you touching your qualifications as an elector, so help me God (or so you sol- emnly affirm). Any person who may be offered as a witness to prove the qualifications of any person so claiming the right to vote, shall also be sworn or affirmed in like manner. Any person refus- ing to take such an oath or affirmation, if so required, or re- fusing to answer such questions as may be asked touching his qualifications as an elector, shall not be permitted to vote. If any person, male or female, taking an oath or affirmation pro- vided for in this section, shall swear falsely, he shall be deemed guilty of perjury, and upon conviction, shall be punished by ACTS OF THE GENERAL ASSEMBLY. 429 fine or imprisonment, or both, at the discretion of the trial court. It shall be the duty of the Department of Elections for Department the City of Wilmington, on or before the hour of 12 noon, on its duty, the day of the holding of any election for members of said Board provided for in this Act, to deliver at the places for holding of said elections so designated bv the Board of Public ° & ^ Books of Education in Wilmington, all books of registered voters used registered voters. at the next preceding city election, («) containing the names of residents within the voting district for which said polling place is designated as aforesaid. Said books of registered voters shall be used by the officers holding said school election to determine the qualifications of all males offering to vote at said election and who are qualified to vote at school elections, and at the close of the polls of said election, shall be forthwith returned to the said Department of Elections. (a) These "books" are makeshifts. The Clerk of the Peace, since 1897, without warrant of law, has been copying the names off the genuine books, used at the preceding general election, and on these copies, the city elections have been held. The consequence has been, that there has not been a valid city election since the new Constitution went into effect in 1897, and there will not be any until the law is amended, recjuiring the Clerk of the Peace to turn over to the Department of Elections the origi- nal and legal books used at the last general election, to be used at the municipal election following. The officers holding said election shall, upon the closing of Returns of the polls, forthwith proceed to count the votes for the several election. candidates voted for at said election, and shall prepare and severally sign duplicate returns of said votes upon blanks fur- nished said election officers by the said Board of Public Educa- tion in Wilmington. One of said duplicate returns shall, to- rp^ ^hom gether with the ballots cast at said election, and the list of elec- "delivered, tors who shall have voted, be deposited in the ballot box, which box shall be thereupon securely sealed and retained in the ex- clusive custody of the chairman of the election officers of the respective polling places until the meeting of the Board of Canvass as hereinafter provided. The other certificate of said return shall be forthwith delivered to the Secretary of the said Board of Public Education in Wilmington. 430 ACTS OF THE GENERAL ASSEMBLY. Board of That Oil the IMondav following the holdiiie of any city canvass. _ ^ ° *= J J school election the chairman of the election officers of the re- spective polling places where said elections have been held as aforsaid, shall, at eleven o'clock in the forenoon, meet at the rooms of the Board of Public Education in Wilmington, where the meetings of said Board are usually held, and shall there produce the said ballot boxes, together with their contents, and shall proceed forthwith to canvass the returns of the vote for the candidates for said Board, using for the purpose of the said canvass and the determination of the votes cast for any candidate for said Board, the certificates of election returns theretofore deposited with the Secretary of said Board. When ballot Kecoursc to the certificate of election returns remaining in be'op^ened' the ballot boxes shall be had by said Board of Canvass («) only in case of the absence, illegibility, defacement or alteration of the certificate theretofore deposited with the Secretary of said Board. Recourse to the ballots in any one said ballot boxes Sbe're^ ° ^ shall be had only in case of a sworn allegation of the fraiidu- coun e . j^^^ miscount or false certification by the election officers at any polling place of the ballots cast at such polling place. (a) The duties of a Board of Canvass are ministerial. See Sec. 25, "a," p. 412 of this volume. That upon the canvass of said vote, the members of said Board of Canvass, or a ma.iority of them, shall then immedi- Certiflcates ' J J j of results. atcly make out a sufficient number of certificates {^) of the re- sult of said election upon blanks to be furnished them by the said Board of Public Education in Wilmington, under their _ , hands, and shall wuthin two days thereafter, deliver one of said To whom ' " ' delivered. certificates to the Secretary of the said Board and one to each member elect. (a) Certificates (in the absence of statute) are not essential. See Sec. 25, "b, " j). 412 of this volume. Board to or- The Said Board shall meet for organization on the thir- ganizewhen. ^jg^jj ^^y ^f June immediately after said biennial election, or on the twenty-ninth of June should the thirtieth day of June ACTS ©F THE GENERAL ASSEMBLY. 431 fall on Sunday; and it shall be the judge («) of the election of its own members. (a) The Board must keep within the law, and not act in bad faith, and unless it so does, its action will not be final. See Sec. 30, "b" of the Charter. That all and every of the acts and duties relative to the said school election imposed upon or vested in the said Board tive to first of Public Education in Wilmington, shall, so far as the first of tion voted said school elections to be held under this Act, be imposed upon Board.^^ ° and vested in the de facto («) Board of Public Education in "Wilmington in existence upon the approval of this Act. (a) The Charter of the old Board of Education, at the time of the passage of this Act, had expired by limitation. Said election officers shall be entitled to similar compensa- compensa- tion and the expenses of the holding of said elections shall be tlon officers. paid by said Board of Education in a similar manner as is pro- vided by law in the case of other city elections. Sec. 7. If any person not having the right to vote at any election held under this Act shall vote at such election, or if any person shall vote in a voting district in which he does not reside, or if any inspector or assistant shall knowingly take («) the vote of a person not having a right to vote, or shall neglect or refuse to make and deliver certificates of any election as re- quired by Section 6 of this Act, every such person, inspector, or assistant, shall be guilty of a misdemeanor, and upon con- viction, shall forfeit and pay a fine of fifty dollars to be paidmeanor. to the Board aforesaid for the benefit of the schools under their 1 Penalty. charge. (a) As to taking an illegal vote, knowing the person has no right to vote, see Sec. 36, "b," p. 294 of this volume. Sec. 8. The Board of Education shall increase the num- Board to in- ber cif schools and improve the condition thereof and do all facilities. acts necessary for establishing and maintaining said schools as they shall deem expedient and necessary until there are suffi- cient schools to accommodate all the children and minors re- siding in the Cit}' of Wilmington whose parents or guardians desire for them the benefit thereof ; provided always, that the 432 ACTS OF THE GENERAL ASSEMBLY. to establish*^ schools for white children and minors shall be separate and schools distinct from the schools provided for colored children and minors. If there shall be accommodations in such schools in excess of what may be necessary for the seating and instruc- tion of such resident pupils, the said Board may admit to any of such schools such number of non-resident pupils residing outside the city limits in the State of Delaware, as said Board may deem proper and upon such terms and conditions as said Board may from time to time prescribe. When out- side pupils may be ad- mitted. Quorum. Officers. President. Secretary. Board in April make estimate of revenue and expenses. Present same to City Council in May. Estimate of construction of school houses. Board in June to ap- propriate. Sec. 9. Seven members shall form a quorum for the transaction of business. The officers of the Board shall be a President, who must be a member, a Secretary, and such other officers and agents as may be found necessary. The Board may appoint a person not a member of the same. Secretary thereof, prescribe his duties, require from him bonds with surety for his faithful performance of said duties, if deemed expedient, and allow him compensation for services by stated salary or otherwise, as may be considered proper. The Board shall, during the month of April in each year, cause to be prepared and laid before them estimates of their probable revenue and expenses for the ensuing fiscal year, which estimates they shall lay before the Council on or before the first stated meeting of Council in May following. At the time of presenting to Council said estimates of revenue and expenses the Board shall, if necessary, also in addition there- to, present to Council an estimate not to exceed Twenty Thou- sand dollars for the erection or extension of school houses and for furniture and heating apparatus for the same.^ The said Board, early in June in each yeai-, after the Council shall have made appropriation for the use of the public schools for the following fiscal year as hereinafter mentioned, sliall make ap- portionment and appropriations for their expenditures for that year, based as nearly as may be, upon the estimates made by them in April previous, and such apportionment and appro- priations shall be specified and arranged under the heads or items designated in said estimates. The expenditures of the 1. See 23 D. L. p. 157. ACTS OF THE GENERALr ASSEMBLY. 433 year under any head or item of appropriation, shall not ex- ceed that item of appropriation unless the same be voted for by two-thirds at least of all the members of said Board, a rec- ord of which vote shall be made upon the minutes. Under no Appropria- ■^ _ tion foi- con- circumstances shall the appropriation for the erection or ex- struction not to be used tension of school houses, and for furniture and heating appa- for any other m ■ 1 purpose. ratus for the same, be used for any other purpose. The said Board shall have no power or authority, except when specially No power to authorized by a-ct of the General Assembly, to borrow money, money. or contract or create any debt or liability except ordinary debts and liabilities incurred in executing the duties imposed on them by law, to be paid out of the said appropriation made by Council and the receipts of the year for the time then cur- rent; (^) no money shall be paid from the treasury of the Board unless the same shall have been appropriated as afore- said. (a) See a practically similar provision in Sec. 71 of the Charter. Sec. 10. The said Board shall, during the month of July in each year, cause to be published, in two or more of the newspapers of the City of Wilmington, a full report of their Accounts to accounts and proceedings during the past year, setting forth i*n two news- aggregates under appropriate heads. The Board shall also ^^'^^'^^' depute one of its members, together with the Secretary of the Board, to attend with and lay its accounts before the Council at the next regular meeting following such publica- aiso to city tion, and also to settle with the State Auditor. Sec. 10. '^ The City Auditor shall examine all bills ^^^^ Auditor, against said Board and endorse them as correct before they gpl^^V^I"^*^" are presented to said Board for payment ; he shall also ex- pendUures amine and countersign all drafts' or orders and withhold his signature in case the draft or order is made without sanction of law, or with any circumstances of fraud actually or pre- sumably attached thereto, in all of w^hich cases he shall re- p ""^^^^'^^Qf port his action and the groiinds therefor to the said Board proved* by"^" at their ensuing meeting ; said Board shall thereupon duly, ^^^^ Auditor. 1. So enrolled. 434 ACTS OF THE GENERAL ASSEMBLY. City Audi- tor's book, to contain what. City Treas- urer's duty respecting funds. Drafts on funds, how drawn. City Treas- urer, how to deposit funds. Books to be kept by City Treasurer. Council to determine amount of tax for school. Proviso. carefully and publicly consider the case and shall sustain or overrule his action by a vote of (2-3) two-thirds of all the members elected to said Board, whereupon it shall be the duty of the City Auditor in case he shall be overruled to countersign the said draft or order, in which case he shall be exonerated from all responsibility in the premises. («) He shall also keep a book in which an exact copy of the receipts and expenditures of said Board shall be entered. All money received by the said Board from sales of articles, or from any source whatsoever shall be deposited with the City Treasurer for which a receipt shall be taken. The City Treasurer shall immediately deposit said funds in such bank as may be designated by said Board, and the order or war- rants drawn against such funds shall be drawn and signed by the Secretary of the Board, signed by the President and countersigned by the City Auditor and City Treasurer. The City Treasurer upon depositing the funds of said Board shall make a certificate of Deposit in triplicate, which shall be signed by the authorized agent of the bank, one of each cer- tificates shall be delivered to the City Auditor, one to the Secretary of the Board and the third be retained by the City Treasurer. The City Treasurer shall pay out all warrants or orders and shall take receipt for same. He shall keep a Cash Book containing the receipts and expenditures of said Board and shall render a statement of the financial condition of said Board at each meeting. (a) See Sec. 39 of the Charter. Sec. 11. The Council shall, every year, when determin- ing the amount necessary to be raised on the persons and es- tates in the City of Wilmington for public use, also include the sum necessary to be raised on the persons and estates for executing the foregoing provisions; provided, that the amount to be raised for current school expenses as aforesaid in any one year shall be exclusive of the amount designated for the erection or extension of school houses and for furni- ture and heating apparatus for the same. The amount col- lected for school purposes shall be paid into the city treas- ury as other taxes are paid. At the time of making the an- ACTS OF THE GENERAL ASSEMBLY. 435 nual appropriations for public use, the Council shall also £^p,"pria*t make an appropriation for current school expenses equal in gchoo/uses amount to that annually computed and laid before said certain sum. Council by the "Board of Public Education in Wilming- „ *' ^ " Proviso. ton;" provided that the sums so computed and appropriated shall be exclusive of the amount designated for the erection or extension of school houses and for furniture and heating apparatus for the same; and, provided further, that any de- mand made by the Board upon the Council for ordinary and current expenses, exclusive of the amount required for the erection or extension of school houses and for furniture and heating apparatus for the same shall not [be less than one appropri-"'" hundred and eightv-eight thousand dollars^ for the fiscal ^*®'^- ^ " Act of March year 1907-8, and the increase for any succeeding fiscal year i, i907, 24 d. shall not be less than two per cent, additional upon the ag- gregate amount for the fiscal year preceding, [Provided, increase in however, that said increase shall be in proportion to the in- to increase in revenue crease in revenue of the City of "Wilmington, but in no year and not 11 • • r- n • 1 1 "lore than shall said increase be more than five per cent, and] provided 5^ in any one further, however, that in the event that The Council, at any Act of April time, shall make an appropriation in excess of the minimum d.' l. m. appropriation or percentage of increase as hereinbefore pro- vided, the said Council shall have the power and authority to designate what proportion, if anj", of the increase so ap- propriated over and above the before mentioned minimum, shall be used for the purpose of adjusting, equalizing and increasing the salaries of teachers employed by said Board, and so much of said fund so designated by The Council shall thereupon be used for no other purpose than to adjust, equalize and increase such salaries of teachers.] The Coun- be appropri- cil shall appropriate annually for the erection or extension buildings, of school houses and for furniture and heating apparatus for the same the amount estimated by said Board therefor not to Limit. exceed Twenty Thousand dollars per annum. ^ 1. See Act of March 25, 1907, 24 D. L. p. 352. in which the minimum of appropriation by Council is $180,000, p. 59 of this volume. 2. See 23 D. L. p. 157. 436 ACTS OP THE GENERAL ASSEMBLY. when^costs Provided, however, if the amount appropriated by the for buildings, Council for the erection or extension of school houses, and etc., exceed ' the limit, for furniture and heating apparatus shall not be sufficient to inet. meet the expenses for which it was appropriated the said Board shall have the right to meet such deficit by using other money in their hands appropriated by said Council for school purposes, provided they shall not use an addi- tional sum of more than Ten Thousand dollars for any one year. School ap- propriations, how to he paid. Sec. 12. The amount of the appropriation for the cur- rent school expenses so made by the Council shall be paid in full, in twelve equal installments, on the second Monday in each and every montli during the year, by the City Treas- urer, upon orders drawn by the aforesaid Board, under the hand of the President, attested by the Secretary. The amount appropriated for the erection or extension of school houses and for furniture and heating apparatus for the same shall be paid by the City Treasurer on or before the first day of August of the fiscal year, for which the same was so des- ignated and raised. state funds to be drawn by Board. Drafts, how to be signed. Certificate, what to con- tain. Sec. 13. The said Board shall have the right to draw dividends from time to time made and entered to the credit of the School Districts Nos. 3, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 201, 78, 78-1, 78i and 102 in New Castle County, con- stituting the Public School District of Wilmington in the account of the trustees of the State School fund with said district respectively; and it shall be the duty of the said trustees to pay said dividends upon an order signed by the President of said Board and attested by the Secretary, accom- panied by a certificate signed and attested in like manner, that the said Board has received for the benefit of public schools under their charge a sum equal to the aggregate of the sums required to be paid in every of the said districts in order to the drawing of the said dividends, the said Board being sub- stituted for the school committee of the united school dis- tricts composed of the school districts aforesaid. ACTS OF THE GENERAL ASSEMBLY. 437 Sec. 14. All property, real or personal, vested in the ^^"/^^^[^J^ Board of Education in Wilmington shall be exempt from all Board ex- ° ^ _ empt from kinds of taxes, and from sale or execution or other writ or taxation. order in the nature of an execution. It shall also be exempt from the payment of water taxes or rents in all buildings used for school purposes; all sewer connections for school use shall also be without tax or charge. Sec. 15. The City Solicitor («) shall be the legal adviser cjty sou- and attorney for the Board of Education ; he shall prosecute ney^for*°^' all actions against a member, officer, agent or employee of Board. the Board of Education for malfeasance or misfeasance in j^.^ ^^^ . office ; he shall be the legal counsel of said Board, or officers thereof, in all civil actions brought by or against it, and shall conduct the same in his official capacity. No compensation fjo^^^"^*^' other than the regular salary shall be allowed for such ser- vice. (a) Prior to the passage of this Act, the Board of Education used to employ any attorney it desired, and pay him for services rendered. Sec. 16. Said Board of Public Education shall annual- Board to ly, from the funds appropriated to its use as aforesaid ap- Sfington in- propriate and pay over to the Wilmington Institute, in man- tain sum^' ' ner and form as is provided in the Act entitled "An Act re- specting a free library and to increase the usefulness of the schools of Wilmington," passed at Dover, April 26, 1893, the sums of money prescribed by said Act, and "The Council" of the City of Wilmington shall annually appropriate for the to reimburse use of said Board of Public Education, in addition to the ap- such pay- propriations for said Board hereinbefore provided for, such '"^^ ^' sum and sums of money as shall reimburse to the said Board the excess of the payments made by said Board to the said Wilmington Institute in any year under the provisions of the Act aforesaid above the amount paid by said Board to said Institute in the fiscal year 1904-5. Sec. 17. For all work and labor hereafter required to ^r^j.^ ^^ ^^ be done, and goods, chattels, wares, merchandise, materials, s^ppife"*^ tools and machinery to be furnished, or had and used by or needed to be ' '' awarded to for account of the said Board, where the cost in any particu- 'P^®®*- ^^^' 438 ACTS OF THE GENERAL ASSEMBLY. Bidder to give bond. lar case will probably exceed the sum of One Hundred dol- lars, the committee having such business in charge shall pub- licly invite sealed proposals for the doing of such work and the furnishing of such goods, chattels, wares, merchandise, materials, tools and machinery, and give the contract to the lowest (") bidder or bidders; provided that they may require from all or any of the bidders security for the faithful per- formance of their contract. (a) See the case of Keogh vs. Wil., 4 Del. Ch. 491 at 498-9. (yr. 1872) Sec. 8, "a," p. 234 of this volume. Sec. 18. All Acts and parts of Acts inconsistent here- with are hereby repealed. Sec. 19. This Act shall be deemed and taken to be a public Act. Approved, March 30, A. D. 1905. 11 D. L. 4. ^Tyr ^^y ^^ amend the ''Ad for the henefit of Public Schools in Wilmington." Section i. ******* * That the Act of the General Assembly of this State for the benefit of public schools in Wilmington, passed at Dover, Feb- ruary 9, 1852, be amended as follows ; that is to say : Title to school house at Sixth and French streets and In Twelfth street vested in Board of Public Edu- cation. Sec. 2. Be it therefore enacted as aforesaid, That the right and estate, late of the United School Districts numbers 10, -11, 12, 13, 14, 15, 16, 17 and 18 in New Castle County, in and to the lot of land and school house at the corner of French and Sixth streets in Wilmington aforesaid, and the right that belonged to the School Committee of School District No. 9 in New Castle County, before the uniting of said district with the rest of the City of Wilmington under the board aforesaid, in and to the school house and lot of land in Twelfth street in Wilmington aforesaid, have passed and shall pass to the said Board of Public Education in Wilmington and are and shall be vested in the said board ; and the said board shall have the ACTS OF THE GENERAL ASSEMBLY. 439 possession and charge of the said school house and lots of land and exercise all acts of ownership for security and preserva- tion of the same ; and the said school house and lot of land at the corner of French and Sixth streets, as well as the lots of land and new school house of the said board in the First ward in Wilmington aforesaid, on Washington street, and all other on^wash*in|- the land and property which the said Board of Public Educa- g°c -^[[^bie tion shall acquire, shall be liable for the debts and contracts ^^^ debts. which the said board shall incur and make ; and further, the said Board of Public Education in Wilmington shall have power to grant and convey to any person or corporation in fee ^ mort- simple, by way of mortgage, the said lot of land and school fonvey" and house at the corner of French and Sixth streets with the ap- ^^ ^®® simple, purtenances, and the said lots of land, and new school house in the First ward aforesaid on Washington street with the ap- purtenances, and any other land or property acquired by said board, for securing to such person or corporation the payment of any sum or sums, not exceeding in the whole six thousand dollars with interest, at such time or in such manner as may be agreed upon.^ The said board may bring suit before a jus- tice of the peace or in the Superior Court as the amount Trespass or claimed may determine the jurisdiction, for damages for any g^^'^Q^ i\° ^gg trespass or injury to either of the school houses aforesaid or °^ fixtures. lots of land aforesaid, or the iixtures thereof or the furniture or books therein or any property" of the board, and recover double damages with double costs. Passed at Dover, Januarv 20, 1853. AN ACT to Compel the Attendance of Children at the Public 24 d. l. 213. Schools of the State. Section 1. That following the approval of this Act every children be- parent, guardian or other person in this State having con- iryears^o^ trol of a child or children between the ages of seven and tueast'^five°^ fourteen years shall be required to send such child or chil- ™u*aiiy.^ ^"' dren to a day school, in which the common English branches 1. See Sees. 1 and 2, 23 D. L. p. 140 for the general powers of the Board of Education relative to real estate. 440 ACTS OF THE GENERAL' ASSEMBLT.- Exceptions. School dis- trict may re- duce com- pulsory per- iod to three months. Applicable only to pu- pils ■within two miles from school house. are taught ; and such child or children shall attend such school continuously for at least five months each year dur- ing the time in which the public school in their respective districts shall be in session, beginning not less than one month after the opening of said school, unless such child or children shall be excused from attendance by a majority of the Commissioners of the School District in which the par- ent, guardian or other person resides, upon the presentation to said Commissioners of satisfactory evidence showing such child or children are prevented from attendance upon school or application to study by mental, physical or other urgent reasons, and such excuse must be countersigned by the County Superintendent of the County in which such District is located ; but the urgent reasons shall be strictly construed and shall not permit of irregular attendance. Provided, that each school district shall have power each year at its regular annual meeting to reduce the period of compulsory attendance to not less than three months, in which case the school meeting must at that date fix a time for compulsory attendance to. begin, but such date shall not be later than January 2d, of each school year. Provided that in case there be no public school in session within two miles by the nearest traveled road of any person within the school district, he or she shall not be liable to the provisions of this Act, unless a free conveyance is provided. Provided, that this Act shall not apply to any child that has been or is being otherwise instructed in English in the Instruction for like per- iod in pri- vate school. at*t'endam;e^^ common branches of learning for a like period of time in any at public school. Private school must report. private school, or by any legally qualified governess or pri- vate teacher in a family, or by any other means which shall be approved by the County Superintendent of the proper county. Provided further, that any principal or teacher of any private school or educational institution shall report non-at- tendance as provided in Section 5 of this Act. And provided . also that the certificate of any principal or teacher of a pri- vate school or of any institution for the education of chil- dren in which the common English branches are taught, set- ACTS OP THE GENERAL ASSEMBLY. 441 ting forth that the work of said school is in compliance with the provisions of this Act, shall be sufficient and satisfactory evidence thereof, and the principal or teacher of said school or institution shall have the power to excuse any child or children for non-attendance during temporary periods in ac- cordance with the provisions of this Act. Sec. 2. That for every neglect of duty imposed by the violation of first section oi this Act, the principal or teacher or person in demeanor. parental relation, offending, shall be guilty of a misde- meanor, and shall, upon conviction thereof before a justice of the peace, magistrate or alderman, forfeit a fine not ex- . -, „ Penalty. ceedmg two dollars on first conviction and a fine not ex- ceeding five dollars for each subsequent conviction, and in default of payment of said fine, the defendant may be com- mitted to the county prison for a period not exceeding two days for the first conviction, and for a period not exceeding five days for each subsequent conviction. Provided, upon conviction the defendant or defendants may appeal to the Court of General Sessions of the proper county within fif- teen days, upon entering into recognizance with one surety for the amount of fines and costs. Provided, however, that^PP^fit° ' ' Court of before such action shall be brought for any of the aforesaid General ses- penalties, the parent, guardian or other person liable there- for, shall be notified in writing by the County Superintend- ent of Schools, or such person as he shall designate, of such Duty of su- ' J^ . p ' perintendent liability, and shall have opportunity, by compliance with the before prose- requirements of this Act within three school days then and thereafter to avoid the imposition of such penalty. The what notice ^■. ^ ■' sufficient. mailing of such notice to the usual address of offending party shall be deemed sufficient under this Act. But after such notice has been given, if the same child is absent from school three days or their equivalent in time during the remaining period of compulsory attendance, without excuse as pro- vided by Section 1 of this Act, the parent, guardian or per- son in parental relation, shall be liable to prosecution under this Act without further notice. The fines provided for by this Act, shall, when collected, ^^om*pay- be paid over by the officers collecting the same, to the treas- ^^^®- 442 ACTS OF THE GENERAL ASSEMBLY, Attendance officers. Duties of. Compensa tion of. Districts may estab- lish special truant schools. urer or clerk of the school committee or board of the respec- tive districts for the use of the school district in which such person convicted resides, to be applied and accounted for by such treasurer or clerk in the same way as other moneys raised for school purposes; such fines shall be collected by a process of law similar to the collection of other fines. Sec. 3. Boards of education and school committees may, in all districts, employ one or more persons to be known as "attendance officers" whose duty shall be, in addition to the duties provided elsewhere in this Act, to look after, appre- hend and arrest without warrant, truants and others who fail to attend school in accordance with the provisions of this Act. When an attendance officer arrests or apprehends any truant or other person, as herein set forth, he shall have power immediately to place him or her in the school in which he or she is or should be enrolled, or at the expense of the parent, guardian or person in parental relation, in such pri- vate school as provided by Section 1 of this Act, as the par- ent, guardian or person in parental relation may select. And in case the parent, guardian or person in parental relation shall refuse or neglect immediately to select such school, the school commissioner or secretary for school commissioners shall have full power to designate the school in which the child shall be placed. The persons serving as such attendance officers, shall be entitled to such compensation as shall be fixed by the Boards appointing them, and such compensation may be paid out of the school funds. But the sums paid for such services must be approved by the Superintendent of Schools of the county. In case no truant officer be appointed, the secretary or clerk of the local school commissioners shall serve as such officer. Commissioners of any school district or districts or of two or more districts jointly, may establish special schools for children who are habitual truants or who are insubordi- nate or disorderly during their attendance upon instruction in the public schools, and may provide for the proper care, maintenance and instruction of such children in such schools for such period of time as the Board may prescribe. But be- ACTS OF THE GENERAL ASSEMBLY. 443 fore the pupil shall be placed in such special school, the parent, guardian or person in parental relation shall have op- portunity to be heard. All truancy and incorrigibility shall be deemed disord- incorrigible truants may erly conduct, and m case no special school, as herein pre- be confined iiT Ferris scribed has been established, the County Superintendents of industrial Schools, or secretary or attendance officer, as the County Superintendent shall designate, shall proceed against such truant or incorrigible pupil as a disorderly person before a justice of the peace, magistrate or alderman, and upon con- viction, the pupil mav be sentenced for a definite time to the ' ^ '^ ■ Act of March Ferris [Industrial] School [or Delaware Industrial School is, i909, 25 D. L. 165. for Girls] . The State Treasurer shall pay to the authorities pay for such of the said school the sum of forty cents per day, from money ^"^^ ^' ■not otherwise appropriated, for each day such pupil is con- fined in said institution. Sec. 4. That it shall be the dutv of the assessors when Duty of c ' p • P 1 -I assessors. making each assessment 01 property tor taxation tor school purposes, when not notified and directed to the contrary hy the school commissioners, to make in a substantial book, pro- vided by the County Superintendent of Schools at the ex- pense of the State for that purpose, a careful and correct list of all children between the ages of seven and fourteen years ^ist of chu- ° '' dren be- within his district, giving the full name, date of birth, age, tween 7 and ' ° . ° ' ' ° ' 14 years. sex, race, estimated distance from school-house by nearest traveled road, name and address of parent, guardian or per- son in parental relation ; which enumeration, after approval by the secretary of the said school district, shall be sent by the assessor to the Countj^ Superintendent of Schools of the County in which the enumeration is made [on or before the fg'^^gog''^^'''^^ first day of September]. And the receipt of the County d. l. les. Superintendent of Schools shall. entitle the aforementioned ^ assessor, to a fee of one dollar for each one hundred names assessors. or fraction thereof, of children on such list; said sum to be paid from the school funds of the district in which such enumeration shall have been made. It shall be the duty of the said County Superintendent ^.^^j^^yg^. of Schools to forward to the principal teacher of the proper to s^rnd"ifsT' 444 ACTS OF THE GENERAL ASSEMBLY. to teacher^ school district prior to September 15th in each year, a list of of district. q]i children in his or her district who are subject to the pro- visions of this Act. Provided farther, that the attendance officer, if there be any, or the County Superintendent of Schools or the secre- Sciiooi of- tary or clerk of the school commissioners, or principal fleers may add or cor- tcachcr, shall have authority to make any additions or cor- rect list. ■ . T I- r^ • T P -, P rections to the assessor s list aioresaid tor the purpose o t carrying into effect the provisions of this Act, Report of Sec. 5. That it shall be the duty of each teacher of the attendance school district at the close of each school month, to report to county^su- the attendance officer, and to the County Superintendent of pel in en en • ggj^Qols, the names of all children in the district who have been absent without laAvful excuse ; when, if it shall appear that any parent, guardian or other person having control of any child or children shall have failed to comply with the provisions of this Act, after notification in writing as pro- vided in Section 2, the County Superintendent, or such at- tendance officer as he shall direct, shall proceed in the name of the State under authority of the commissioners of the lo- cal district affected, against the offending party or parties in accordance with the provisions of this Act. ^ . Provided further, that if sufficient cause be shown for a Costs, ' how paid. failure to comply with the provisions of this Act, or if the costs of prosecution cannot be collected from the defendant in case of his or her conviction, said costs shall be paid out of the school funds, upon a proper voucher approved by the commissioners of said district. Violation of Sec. 6. That the assessor of school taxes, principal, act a mis- nn -if £ demeanor, teacher, secretary or attendance officer if there be one, oi any Board of Commissioners, who willfully neglects or re- fuses to comply with the provisions of this Act shall [upon Act of March .» l j. 18, 1909.25 complaint lodged by the County Superintendent of Schools] be guilty of a misdemeanor and upon conviction thereof be- fore an alderman, magistrate or justice of the peace, shall Penalty. forfeit or pay a fine not exceeding twenty-five dollars, sub- ject to the right of appeal to the Court of General Sessions ACTS OF THE GENERAL ASSEMBLY. 445 of the proper county within fifteen days upon entering into recognizance with one surety for the amount of fines and costs. Sec. 7. That the State Treasurer of Delaware shall state Treas- urer duty withhold one-fourth the State dividend from any school dis- of as to -,. . 1-1 1 p n 1 school divi- trict or districts which neglects or reiuses to enforce the pro- dend. visions of this Act in a manner satisfactory to the County Superintendent of Schools of the county in which such school shall be located. Sec. 8. That the necessary expenses incurred by State Expenses of officials in carrying out and enforcing the provisions of this ment of act. Act shall, upon approval by the State Board of Education, be paid by the State Treasurer. Sec. 9. [That in enforcing the provisions of this Act Act of March within the limits of the school districts of the City of VVil- d.'l. i65r mington, the powers and duties herein conferred upon the county superintendents of schools, board of school commis- sioners by whatever title known, and assessors, are hereby conferred upon the "The Board of Public Education in Wil- mington, ' ' and that it shall be the duty of the Board of Po- lice Commissioners of the City of Wilmington to co-operate with the "The Board of Public Education in Wilmington" Education in in enforcing the provisions of this Act, to look after, appre- toh™ve^oT- hend and arrest without warrant, truants and others who city 'of wii- fail to attend school in accordance with the provisions of this ^"^"^ °^' Act.] Approved March 15, 1907. CHAPTER 219. OF FREE SCHOOLS. AN ACT providing graded School faciliiies for the Children of this State. Section 1. That from and after the passage of this Act, Selection of it shall be the duty of the State Board of Education, and schools. the same is hereby authorized, empowered and directed to se- 446 ACTS OF THE GENERAL ASSEMBLY. Schools se- lected to be free to chil- dren of county or districts. Regulations. lect such and such number of the free graded schools now es- tablished and maintained in any of the school districts of this State, for the purpose of admitting to such schools the children of other districts in which no graded school exists; and that the schools so elected as aforesaid, shall then be free to all the children of school age of the county in which such schools are situated, or of such district or districts, or of such parts there- of, as shall be determined by said Board and under the rules and regulations to be promulgated by said Board as herein- after provided. Certification of schools selected. Power of State Board of Educa- tion. Sec. 2. That the names and numbers of the free graded schools so selected as aforesaid, shall be certified hy said Board to the school committees or boards of education of such schools, and also to the school committees of all of the districts, the chil- dren of which the said Board shall determine may be admitted in such free graded school. And for the purposes and pro- visions of this Act, the said State Board of Education shall have full and final power to decide what shall constitute a graded school, and what district or districts are without such graded schools. Rules and reg-ulations governing admission of children. Certification of rules and regulations. Advertise- ment of. Alterations of rules, &c. Sec. 3. That the said State Board of Education shall also have full and final power and authority to promulgate such rules (f) and regulations governing the admission of all chil- dren under the provisions of this Act, provided that no free graded school shall be compelled to admit to any of its depart- ments any child from another district, when such department is already full; and such rules and regulations shall be binding upon all the districts in this State. The said rules and regu- lations, together with the names and numbers of the districts affected, shall be certified by said Board to the School Com- mittees or Boards of Education of all the districts affected thereby. Such rules and regulations, and such names and numbers shall be advertised in such manner, and for such length of time as said Board shall deem proper ; which adver- tisement shall be paid for as other printing of said Board. The said Board shall also have full power to alter, change, or add ACTS OF THE GENERAL ASSEMBLY. 447 to any of such rules and regulations at any time it may think proper. («) For the legal meaning of the word "rules," see Sec. 76, "a" of the Charter, and the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 176 (yr. 1894) Note. — An interesting and instructive history of school education in this State is contained in the case below cited, a part of which is as fol- lows : Grubb, J.: "When establishing their early settlements within our borders, Sweden and Holland, then foremost among all the nations of Europe in the promotion of public education, especially di- rected their colonies to provide for the maintenance of schools and schoolmasters and the instruction of the young. And when the Eng- lish succeeded them, William Penn 's Frame of Government, promulgated in 1682 ordained ' ' That the Governor and Provincial CouncH shall erect and order all public schools and encourage and reward the authors of use- ful sciences and laudable inventions in the Province. " * * But whilst such was the enlightened design of our early rulers, yet, from our earliest set- tlement in 1638 until the enactment of our free school system in 1829, the cause of education was chiefly conducted and maintained in Delaware by religious societies and private schools, or academies. Frequently the 'clergyman was the schoolmaster and the church, or a private house, the school where popular instruction was imparted, (p. 90) * * So far as our statutes show, governmental aid to education was first rendered in 1743. * * The next educational encouragement was given in 1772, when a lot of land in New Castle was granted for a school house site. * * Next follows the direction of our second State Constitution of 1792, that ' ' The Legislative shall, as soon as conveniently may be, provide by law for the establishment of schools and promoting arts and sciences. ' ' (91) . * * Tn 1796 the Legislature passed "the Act to create a fund sufficient to estab- lish schools in this State. " " This School Fund was the first appropriation in the history of the State, of its public revenues for the encouragement and support of popular education. * * In 1817 and in 1821 the Legislature appropriated a portion of the annual income of this fund" (United States Surjilus Eevenue) ' ' to be expended yearly for the instruction of the children of the poor in the rudiments of knowledge. But this project proving unsuccessful, said acts were repealed by the Act passed Feb- ruary 12, 1829, Vol. 7, p. 184, entitled "An Act for the establishment of free schools. ' ' This Act created the first general free school system which had therefore existed in Delaware." (91-92). Money under the above law for school houses and for the support of free schools, was raised "only by subscription or by voluntary contribution." (93). By an Act passed in 1830, 8 D. L., p. 21, the school voters of the school districts by a majority vote, could raise money, not exceeding .$300, by taxation. (93) In 1861, 12 D. L. p. 108, a law was passed making it mandatory upon the school committee to raise, yearly, by taxation, a certain sum, and leaving it to the voters to raise more if they so desired. (94-95). In 1875, 5 D. L. p. 84 a State Board of Education, a salaried State Superintendent of Free Schools, &c., were created. Then came the constitutional pro- vision (Art. 10), and the law of 1898 passed in pursuance of said pro- vision, and of this Act the Judge said : "As the result of our consideration of this Act and of the legislative purpose respecting it, we conclude that it was designed to provide a com- plete general system for the government and administration of the free public schools of the State, and was intended to be a complete revision of the prior general public school laws, and a consolidation and codifica- tion of them, with such new provisions as were deemed advantageous, in a 448 ACTS OF THE GENERiyi, ASSEMBLY. Powers of county school com- missioners. single act designed to cover the whole subject, in all respects, and to be a substitute for all antecedent general free school legislation not incorpo- rated therein, or continued in force thereby as essential to its effective operation. " Husbands vs. Talley, 3 Penn. 88 at 103. (yr. 1901) Sec. 4. The several County School Commissions now es- tablished hy law shall have full and final power, jurisdiction and authority to hear and finally determine any disputes aris- ing- under this Act between any parent or guardian of any child, and any school officer, or between several school officers, school committees or boards of education ; and in case any of said school commissions shall determine that any child should be admitted to any free graded school, selected by the State Board as aforesaid, and any school officer shall refuse to admit such child, the said Commission shall certify the facts to the State Auditor, upon which it shall be unlawful for said Audi- tor to settle any of the accounts of the district wherein such graded school is situated, until a further certificate from said Commission that such child has been admitted. Teacher of graded school to certify admission, &c., of chil- dren to State Board. State Board to certify to State Treas- urer. Act of Feb. 25, 1909. 25 D. L. 162. Limit of number of children ad- mitted. Sec. 5. Whenever anj- child shall be admitted under the provisions of this Act, to any free graded school, the teacher or principal of such school, shall, wdthin ten days, certify such fact, together with the name of the child, the date of admis- sion, the name or number of the school district in which such child lives, and the name or number of the district of such free graded school, to the State Board of Education, and the said Board shall certify the substance of the aggregate of such cer- tificates to the State Treasurer some time before the first day of July in each year. Whenever it shall appear from the cer- tificates of the principals or teachers in the free graded schools of any county, that two hundred and fifty children have been admitted to such schools under the pro\asions of this Act in any one county, it shall be the duty of the State Board to no- tify the committees or Boards of Education of each of the free graded schools so selected by it as aforesaid, in such county, that no further children shall be admitted under the provisions of this Act, and the said Board shall not certify any further names to the State Treasurer as aforesaid. ACTS OF THE GENERAL ASSEMBLY. 449 [Sec. 6. That for every child admitted under the pro- ^''^^Jcf^^- visions of this Act to any free graded school, such free graded ^- l- i62. school shall be entitled to receive the sum of twenty cents for schools. each daj^'s attendance of such child in such graded school, and tion for non- the entire amount, due to siich graded school for such child, pupils. shall be paid to the district in which such graded school is situ- ated, by the State Treasurer for every child so admitted as aforesaid, sometime in the month of July, upon receiving the vouchers of the teachers or principal of such graded school showing the name or names of such child or children so admit- ted as aforesaid, and the number of days' attendance of each such child in such graded school; provided, that no moneys shall be paid by the State Treasurer under the provisions of tliis Act to any district for or on account of the admission of Exception. any child whose name does not appear upon the certificate of the State Board to the State Treasurer as provided in Section 5 of this Act, as having been admitted to the graded school of ^^ ^ ^ ' ° '^ state Treas- sucli district. The said State Treasurer shall then certify the u.^l^i' to cer- '' tify to State amount so paid to any district, to the State Auditor who shall Auditor. include it in the settlements of the accounts of the district so receiving said amount as aforesaid.] [Sec. 7. That nothing in this Act shall be deemed or con- 19^ 1909. 25' strued to prohibit or prevent ' ' The Board of Public Education -^Q^^i^ ^^ in Wilmington" from refusing in its discretion to admit to p*^^^^9^„_ any of the Public Schools in the City of Wilmington anv child ton may le- •^ _ _ _ '' _ ° ^' fuse to admit not residing in said city or from charging for the tuition of non-resident any such non-resident child, such sum as the said Board may deem proper; provided, however, that when any such child ^^^jP^^''^^® shall be so admitted to the Public Schools of the City of Wil- amount of ■' tuition. ming-ton under the provisions of this Act and with the consent of the said Board of Education, then the said Board of Public ^.'}!Vo; ^ ' mitted State Education in Wilmington shall be entitled to receive from the Treasurer to ^ pay the State Treasurer the amount due under the provisions of this amount pro- .„,..„ . vided by Act for the tuition of such child and the amount so received law- from the State Treasurer for the tuition of such child shall be deducted from the amount due from the parents or guardian of such child for its tuition as fixed by ' ' The Board of Public „ , , '' Board of Education in Wilmington" and provided further, that all Education ° ^ 'of Wilming- 450 ACTS OP THE GENERAL ASSEMBLY. powlr^ls rights and powers vested in the State Board of Education or schoorcom- *^^ County School Commissioners by virtue of this Act shall, missioners. within the corporate limits of the City of Wilmington, be vested in ''The Board of Public Education in Wilmington."] Approved March 9, 1899. 24 D. L.222. AN ACT Pertaining to the State of Delaware. Constitution SECTION 1. That the Constitution of this State shall be m schoois.^*^ taught and explained to the scholars in each and every one of the public schools of this State. It shall be the duty of the several School Commissioners or Boards having control of said schools to see that the pro- visions of this Act are complied with. Approved April 9, A. D. 1907. 20D. L. 22. AN ACT entitled "An Act providing for the purchase and display of the United States Flags in connection wiih Public School Buildings of the State." u. s. flags to Section 1. That the Board of Education or School Com- be purchased • • ■ ^^ i -j.- n • in • ^ by each missiouers m the several cities and m each and every single, trict°and^be United or incorporated school district of this State shall and dm-'ing^schoo] hereby are authorized to purchase a United States flag, which houis. shall not be less than eight feet long and six feet wide, flag • staff and necessary appliances therefor, and shall display said flag upon or near the public school building in said -cities or districts during school hours and at such other times as to the said boards or commissioners may seem proper.^ Sec. 2. That this act shall take effect immediately, and that all acts or parts of acts inconsistent with the same are hereby repealed. Passed at Dover, January 31, 1895. 1. For similar power and duties see 21 D. L. p. 185, Sec. 16. 2. Foreign flags not to be displayed on public buildings, except un- der certain conditions. 20 D. L. p. 193. See p. 535, this volume. ACTS OP THE GENERAL ASSEMBLY. 451 CHAPTER 93. OP PREE SCHOOLS. AN ACT authonsing and empowering ''The Board of Public "^ Education in Wilmington" to issue bonds covering the real estate of said corporation for the purpose of raising sums of money to be used in erecting, furnishing and equipping new school houses in the City of Wilmington. Whereas, by the charter of "The Board of Public Educa- Preamble. tion in Wilmington," a sum of money not exceeding Twenty Thousand dollars per annum is to be paid the said corporation by the Mayor and Council of Wilmington for the purpose of erecting and equipping new school houses in the City of Wil- mington ; And Whereas, by an Act of the General Assembly of the Preamble. State of Delaware, approved March 8, 1901, being Chapter 170 of Volume 22, Laws of Delaware, "The Board of Public Education in Wilmington ' ' was and is directed to pay off cer- tain certificates of indebtedness issued for the payment of the New High School and the buildings connected therewith out of the annual amount of money which the said Board was and is authorized to expend yearly for new buildings as above stated ; And Whereas, it may be necessary to erect new school Preamble. buildings in the City of Wilmington during the period re- quired to pay off said certificates of indebtedness ; therefore, [Section 1. That "The Board of Public Education in Board au- -t-i-r- • -TIT thorized to Wilmington, ' be and is hereby authorized and empowered to borrow borrow upon the faith and credit of said ' ' The Board of Pub- erect new T T-i n • • TiT-i ■ ti T /-^ TT schoolhou.se. lie Education m Wilmington, a sum not exceeding One Hun- dred and Sixty Thousand Dollars to be expended for the pur- To issue pose of erecting and equipping new school houses in the City of Wilmington, and for that purpose to issue bonds in de- nominations of One Thousand Dollars each and bearing such rate of interest not exceeding four and one-half per centum per annum as said "The Board of Public Education in Wil- mington" may deem expedient, said bonds to be so arranged as to the time of payment that not more than Twenty Thou- ^^an^^^olioo sand Dollars of the principal sum so borrowed shall become yf^'j^*^^® °"® 452 ACTS OF THE GENERAL. ASSEMBLY, due and payable in any one year; provided, that no part of payable^* said principal shall become due and payable until six years years'^ ^^'^ from the date of issue of said bonds. The interest upon said bonds shall be payable semi-annually in each and every year f%07^f^^^ from the date of issue thereof. Sixty of said bonds may be is- D. L. 224. g^g(j jjj ^}jg jQ^j. ^ J) J9Q7 ^jj^ gjjgii |jg known as "Series A ;" be™issued a*t twenty of said bonds may be issued in the year A. D. 1908 and times^^ shall be known as ' ' Series B ; " twenty of said bonds may be issued in the year A. D. 1909 and shall be known as ' ' Series C ;" twenty of said bonds may be issued in the year A. D. 1910 and shall be known as ' ' Series D ; " twenty of said bonds may be issued in the year A. T>. 1911 and shall be known as ''Series E ; " and twenty of said bonds may be issued in the year A. D. 1912 and shall be known as ' ' Series F. ' ' None of said bonds shall be issued except by resolution passed by a majority vote of said Board, and then only for the purposes in this section set forth.] Payment of Qec. 2. [The payments of the said above mentioned bonds bonds to be l x- ./ made out of shall be made out of the amount of money which said Board certain , . "^ _ , funds. is authorized to expend yearly for new buildings, and when Act of March any of Said bonds are issued, a corresponding amount of said D. L. 225. funds shall be pledged for the payment of said bonds, and when so pledged, it shall be unlawful for the Board of Public Education in "Wilmington to use any of the moneys so pledged for any other purpose than for the payment of said bonds.] Bonds, how Sec. 3. All of Said bonds shall be signed by the President Gxccutcd of the said Board and attested by the Secretary of the said Board, and have affixed thereto the common or corporate seal of the said "The Board of Public Education in Wilmington." Approved April 6, A. D. 1905. Note * *#*#**** Note. — "An Act Authorizing The Board of Public Edu- cation in Wilmington to issue Certificates of Indebtedness for a Sum not exceeding One Hundred and Fifty Thousand Dol- ACTS OF THE GENERAL ASSEMBLY. 453 lars for the payment of the New High School and the Build- ings connected therewith, and the proper furnishing and •equipping of the same, ' ' will be found under Acts in relation to the Sinking Fund and City Debt on page 467. 454 ACTS OF THE GENERAL ASSEMBLY. CHAPTER XIII. ACTS IN RELATION TO THE SINKING FUND AND CITY DEBT. 10. 11. 12. Page ! Act Providing the Plan of the Sinking Fund 454 Act Confirming and Es- tablishing Above Act 458 13. Act in Relation to Rate of Interest on Bonds 458 : Act Extending Foregoing 14. Acts to Original Issues of i Bonds 458 Act Authorizing the Bor- 15. rowing of One Hundred and Twenty-five Thous- and Dollars . 459 16. Act to Further Confirm and Establish the Sinking Fund Act 461 17. Act Authorizing the Bor- rowing of Sixty Thousand Dollars 462 18. Act Authorizing the Bor- rowing of Five Hundred | Thousand Dollars 463 19. Act Authorizing the Bor- rowing of Fifty Thousand Dollars 464 | 20. Act Authorizing the Bor- ' rowing of Twenty-five Thousand Dollars 465 21. Act Authorizing the Bor- rowing of Two Hundred and Fifty Thousand Dol- 22. lars 466 Act Authorizing the Bor- I Page rowing of One Hundred and Fifty Thousand Dol- lars 467 Act Authorizing the Bor- rowing of Fifty Thousand Dollars 468 Act Authorizing the Bor- rowing of Fifty Thousand Dollars 469 Act Authorizing the Bor- rowing of Fifty Thousand Dollars 470 Act Authorizing the Bor- rowing of Ninety Thous- and Dollars 471 Act Authorizing the Bor- rowing of Two Hundred Thousand Dollars 474 Act Authorizing the Bor- rowing of Fifty Thousand Dollars 477 Act Authorizing the Bor- rowing of One Hundred Thousand Dollars 477 Act Authorizing the Bor- rowing of Eight Hundred Thousand Dollars 479 Act Authorizing the Bor- rowing of Money for Im- proving Streets, &c 482 Act Exempting from Taxation All Bonds of the City 484 11 D. L. 191. AN ACT to provide a Sinking Fund for the payment of the city dett of Wilmington. Whereas, The City Council of Wilmington on the twenty-third day of November, A. D. 1854, appointed a spe- cial committee to take into consideration the subject of the Preamble. ACTS OF THE GENERAL ASSEMBLY. 455 extinguishment of the city debt and make a report thereon to the Council, and the said committee having so considered the subject did, on the seventh day of December in the year aforesaid, present a report to the Council, which, on the twenty-first day of December, was approved and adopted, and the said committee were instructed by a resolution framed by the Council to cause a bill to be drawn up em- bodying the plan and principles of the said report, and to apply to the Legislature at the present session thereof to en- act the said bill into a law, and the enactments hereinafter contained or the tenor thereof having been approved by the said Council ; therefore. Section 1. That all investments in bonds, mortgages ah invest- . . 1-11 ments made and other securities for the payment oi money which have under former A.cts to l}6 been rnade by the City of Wilmington, under and by virtue disposed of of former Acts of the Legislature of this State for the estab- committee. lishment of a sinking fund, shall be disposed of by the Fi- nance Committee of the City Council by sale, whenever the sale thereof can be made at par and without recourse, and Proceeds the proceeds of such sales shall be applied to the payment of applied to bonds which have heretofore been issued by the City of Wil- bonds, mington and the payment of which is not hereinafter pro- vided for. Sec. 2. That the City Council of Wilmington shall ap- A.ppropria- propriate the sum of one thousand dollars on or before the sinking- fund, first day of April, in the year eighteen hundred and fifty-five, and one thousand dollars on or before the first day of Oc- tober, in the year eighteen hundred and fifty-five, and a like and equal sum on or before the first day of April and the first day of October in every year thereafter, to be paid to the Commissioners of the Sinking Fund, said commissioners to be appointed in the manner hereinafter expressed, and the City Council shall on or before the first day of October, in the year eighteen hundred and fifty-five, and on or before the first day of April and the first day of October in every year Appropria- thereafter, in addition to the sums aforesaid, appropriate a tirest^°^ *"' 456 ACTS OF THE GENERAL ASSEMBLY. sum equal to the interest money which shall have accumu- lated on the bonds to be cancelled in the manner hereinafter provided for, said interest to be paid to the said Commis- sioners of the Sinking Fund, and the semi-annual appropria- tion aforesaid shall continue to be paid until the whole debt of the city shall have been paid. (^) (a) The object of the Sinking Fund Act was, gradually, to extin- guish the city debt. Sec. 71 of the Charter is known as the Sinking Fund provision. It prohibits an increase of the city debt (except as therein specified), and provides that as the debt is gradually reduced, it shall so remain, and not, under any pretext, be afterwards increased. The Sinking Fund Act was passed in 1854, but the city was prohibited from increasing the city debt in 1843. Grubl), J.: " Indeed, the power to borrow money to pay for * * real estate seems to have been exercised until 1843, when by Chapter 488, Vol. 9, Laws of Delaware, the City Council was prohibited from increasing the debt of the City of Wilmington. ' ' Weldin vs. Wil., 3 Penn. 472 at 475. (yr. 1902) See Sec. 116 of the Charter. Canceling of Q-c^n Q ********* bonds. ^^^- "^• Issuing new SeC. 4. ********* , bonds. „ . Sec. 5. That all interest on any bond or bonds, which When inter- "^ est shall shall be issued under and bv virtue of this Act, shall cease cease. " from and after the day on which said bond or bonds shall be made due and payable. Election and Sec. 6. That the City Council shall, at its first stated t'ionof^com- meeting in the month of March, in the year one thousand of^the sink- eight hundred and fifty-five, choose by ballot from the citi- ing un . ^^^^ ^^ Wilmington having a right to vote at the city elec- tion and owners of real estate in the city to the assessed value of not less than one thousand dollars, three Commissioners of the Sinking Fund. Immediately after their election the Drawing for said Commissioners shall draw lots for their respective terms erms. ^^ office, and the said terms to expire in one, two and three years from the day of their election. The Council shall, at term of Com- its first stated meeting in the month of March, in the year missionei. ^^^ thousand eight hundred and fifty-six, and in every year thereafter, elect from the citizens as aforesaid one Commis- sioner of the Sinking Fund for the term of three years and No compen- until a succcssor is elected. The said commissioners shall re- sation. ceive no compensation. ACTS OF THE GENERAL ASSEMBLY. 457 Sec. 7. That each commissioner shall give bond to the coJ^*^jn°ggion- City of Wilmington, in such amount and with security to be ^i-s. determined and approved by the City Council, and the said commissioners shall faithfully pay all moneys -which shall come into their hands under and by virtue of any of the fore- going provisions, towards the liquidation and cancelling of j^j^^j^ ^^ ^^^_ any bond or bonds which shall be issued under the pro vis- ceiing bonds. ions of this Act, as the same shall fall due and be payable. On the liquidation and payment of any bond by the commis- sioners, they shall cause to be written across the face of such bond, the word "cancelled," and the date when cancelled, and the bonds thus cancelled shall be retained by the com- missioners until the whole debt of the city shall be paid. The Record of commissioners shall keep a record of their proceedings under to*be^keptf^ the Act, which shall, at all times be open for the inspection of the City Council. [And the bond herein above required to be given may I'g'^^sgT^^o'^ be placed with any legitimate surety company, and the pre- ^- ^- ^''^■ miums to be paid therefor be paid by the Mayor and Council surety • T company, or Wilmington.] How paid for. Sec. 8. That the City Council shall have authority to ordinances pass ordinances, when the same may be necessary, for the out oWects purpose of executing the provisions of this Act, and carry- °^ ^^^^ ^^^' ing out the objects thereof ; provided, such ordinances shall in no case conflict with the spirit of this Act, nor suspend the efficient operation thereof. Sec. 9. That so much of any Acts or parts of Acts as Act not to be •^ ^ construed to are inconsistent with, or repugnant to any of the foregoing increase provisions, be and the same are hereby repealed; provided, that nothing herein contained shall be construed to increase or extend the funded debt of the City of Wilmington, as the same is now limited by law. Passed at Dover, February 9, 1855. 458 ACTS OF THE GENERAL ASSEMBLY. 15 D. L. 552. Acts con- firmed and extended to whole debt. Exception. AN ACT to confirm and establish an Act entitled "An Act to provide a SinJcing Fund for the payment of the city debt of Wilmington." Section 1. That the provisions of the Act entitled, "An Act to provide a Sinking Fund for the payment of the city debt of Wilmington," being Chapter 186 of Volume 11, Del- aware Laws, and the supplement thereto, being Chapter 263 of the same volume, be and the same are hereby confirmed, established, extended and considered and held to apply to the payment of the whole of the debt of said city, as well as that which may be incurred in the future as that which has arisen in the past, except such debt of the city the payment of which shall have been or may be otherwise specifically provided for. Passed at Dover, March 20, 1877. 17 D. L. 900. Duties of the Commission- ers of the Sinking Fund. Interest not to exceed 6 per cent. AN ACT to further amend an "Act to provide for a Sinhing Fund for the payment of the city debt of Wilmington," passed at Dover, February 9, 1855. Section 1. That hereafter the Commissioners of the Sink-' ing Fund of the City of Wilmington, in causing the issue of sinking fund bonds under the provisions of an "Act to pro- vide for a Sinking Fund for the payment of the city debt of Wilmington," passed at Dover, February 9, 1855, and the va- rious supplements and amendments thereto, may fix the inter- est which such bonds shall bear at any rate not exceeding six per cent. Passed at Dover, April 16, 1885. ISD. L. 362 11 D. L. 186. extended to original issues of bonds. AN ACT to further confirm and establish an Act entitled "An Act to- provide a SinMng Fund for the payment of the city debt of Wilmington." Section 1. That the provisions, terms and conditions of the Act entitled "An Act to provide a Sinking Fund for the pajTnent of the city debt of Wilmington, ' ' being Chapter 186 of A^ol. 11, Delaware Laws, and the supplements and amend- ments thereto shall be and the same are hereby construed, es- ACTS OF THE GENERAL ASSEMBLY. 459 tablishecl, extended, considered and held hereafter to apply to the original issues of the bonds of the City of Wilmington, and that all the bonds of said city issued hereafter, for any and all purposes (payment of which is not otherwise specifically pro- ^o'^be^iss^ue^d vided for) shall be issued, provided and made payable in the |c«)rdhfg to same manner and according to the terms, conditions and pro- ^'^*- visions of said Act providing a sinking fund for the payment of the city debt of Wilmington, as heretofore applied to the re- . issues of the bonds of the city, but now and by this Act ex- tended and applied to such future original issues of such bonds, without resort to any re-issues for the same. Sec. 2. That the provisions, terms and conditions of Sec- section i . applicable tion 1 of this Act shall be and the same are hereby held valid, to bonds issued dxir- applicable to, and to include the bonds of the City of Wilming- ing 1886. ton issued during the year A. D. 1886, being sixty thousand dollars for the water M^orks, and one hundred and fifty thou- sand dollars for the purposes of a city park. Passed at Dover, April 21, 1887. AN ADDITIONAL SUPPLE3IENT to the Act entitled ''An 15 d. l. 251. Act to limit the city deht of Wilmington, and to provide for the discharge thereof." Section 1. That The Mayor and Council of Wilmington Borrowing shall have power and authority, under an ordinance of the authorized. City Coimcil to be passed with the concurrence of two-thirds of all the members for the time being of the City Council, at any time hereafter, to borrow a sum or sums of money not ex- ceeding in the aggregate one hundred and twenty-five thou- expended. sand dollars, which shall be in addition to the funded debt of the city heretofore authorized, and shall be appropriated, ap- plied and expended, or so much thereof as shall be necessary, for the following purposes and works, that is to say : For a wa^^r reser- new water reservoir, and for improving the water works of proving the said city, increasing and enlarging the conveniences for the ^ylng wa'ter' supply of water to the said city, for laying water pipes along ^n^'^f or ^in- such streets of said city as the City Council may from time to ^atei-^jnfo time designate, for introducing the Brandywine water into the ^^^rd ^and 460 ACTS OF THE GENERAL ASSEMBLY. also south of the Chris- tiana river. Interest. Ninth ward, and into that part of the city lying south of the Christiana river, for land, bricks, sleeves, caps, stops, stop- house, and necessary adjuncts and appurtenances for a new reservoir, including fencing around the same, and for connect- ing the said new reservoir with the main pipe on Eleventh street. Any sum borrowed under the authority of this Act shall bear interest at a rate not exceeding six per centum per annum, payable at such time or times and in such manner as the ordinance shall prescribe. Surplus. Sec. 2. The surplus of any money borrowed under the authority of this Act, which shall remain after the completion of the work to which it is hereby appropriated, shall be placed to the credit of the water account of the city, and used for no other purpose whatever than in repairing or improving the city water works, or increasing or distributing the supply of water to the city. Sinking fund. Duty of the City Treas- urer. When the Treasurer shall report to Council. Proviso. Sec. 3. For the redemption of so much of the funded debt of the city as shall be hereafter contracted under this Act, there shall be a sinking fund of thirty-five hundred dollars ap- plied every year to the redemption thereof, until the whole of said debt is paid. To constitute said sinking fund the City Treasurer shall set apart and appropriate for the purpose the sum of thirtj'-five hundred dollars exery year after the con- tracting of any debt under this Act, until the whole of such debt be paid, from money that shall come into his hands from water rents for the year, and in default of such, then from any other funds of the city in the treasury unapplied, and he shall apply the said sum so set apart and appropriated to the pajTnent or purchase, at par, of so much of said debt. If in any year the City Treasurer shall not be able to pay off or pur- chase funded debt, at par, to absorb the whole of the sinking fund for the year he shall report the case to the City Council, and they shall make such order in regard to investment, man- agement, control and disposal of said fund as they may deem proper; provided, that such fund shall stand pledged, and be ACTS OF THE GENERAL ASSEMBLY. 461 applicable to the redemption of said funded debt, and shall be used for no other purpose whatever. *********** Passed at Dover, March 1, 1875. A BILL entitled a)i act to further confirm and establish an act 20 d. l. 622. entitled ''An Act to provide a sinking fund for the pay- ment of the City Debt of Wilmington." Section 1. That the provisions, terms and conditions of Act con- ^ strued. the act entitled "An Act to provide a sinking fund for the payment of the city debt of Wilmington," being Chapter 186 of Volume 11, Delaware Laws, be and the same are hereby con- strued, established, extended, considered and held to apply to ■ the original issues of the bonds of the City of Wilmington, amounting in the aggregate to two hundred thousand dollars, issued under the provisions of an act entitled "A further sup- plement to the act entitled 'An Act to limit the city debt of Wilmington and to provide for the discharge thereof,' " passed at Dover, March 20, 1877. Sec. 2. That the finance committee of the City Council issue of and the Commissioners of the Sinking Fund shall on or before the days and times when the said bonds shall fall due and be- come payable cause other new bonds to be issued and the ]\Iayor and City Council of Wilmington are hereby authorized to issue the same, said new bonds, so issued, to be made pay- able in the amounts and at the time specified as follows : One or more of said bonds for the sum of thirty-seven hundred dol- lars to fall due and become payable on April 1st, 1910; one or ^|^ p^^' more of said bonds for the sum of twenty-six thousand five hundred and fifty dollars to fall due and become payable on October 1st, 1910 ; one or more of said bonds for the sum of twenty-seven thousand four hundred dollars to fall due and become payable on April 1st. 1911 ; one or more of said bonds for the sum of twenty-eight thousand two hundred dollars to fall due and become payable on October 1st, 1911 ; one or more of said bonds for the sum of twenty-nine thousand and fifty dollars to fall due and become payable on April 1st, 1912 ; one 462 ACTS OF THE GENERAL ASSEMBLY, or more of said bonds for the sum of twenty-nine thousand nine hundred and fifty dollars to fall due and become payable on October 1st, 1912 ; one or more of said bonds for the sum of thirty thousand eight hundred dollars to fall due and become payable on April 1st, 1913 ; and one or more of said bonds for the sum of twenty-four thousand three hundred and fifty dol- lars to fall due and become payable on October 1st, 1913. Sec. 3. That all acts or parts of acts inconsistent with the provisions of this act be and the same iare hereby repealed. Passed at Dover, January 20, 1897. 17D. L. 401. AN ACT to authorize ''The Mayor and Council of Wilming- ton" to borrow sixty thousand dollars and to provide for the payment thereof. Authority to borrow $60,000 to purchase water rights in the Brandj^wine creek. Bonds. Rate of interest. Bonds, how payable. Section 1. That "The Mayor and Council of Wilming- ton" shall have power and authority and are hereby author- ized, under an ordinance of the City Council to be passed with the concurrence of a majoritj^ of all the members thereof for the time being, at s^ny time hereafter, to borrow upon the faith and credit of the cit^^ the sum of sixt^^ thousand dollars, to be applied to the purpose and object specified in Section 3 of this Act, and shall have power to issue bonds to secure the re-pay- ment of the money so authorized to be borrowed, and shall fix the rate of interest payable on said bonds. Sec. 2. The bonds which shall be issued under the pro- visions of this Act shall be of the denomination of fifty dollars and multiples of fifty dollars, and shall be divided into num- bered series and made paj'able with any interest which may be due thereon, in manner following, to wit : No. 118, for seven thousand four hundred dollars, to fall due and become pay- able October 1st, A. D. 1913 ; No. 119, for thirty-two thousand seven hundred dollars, to fall due and become payable April 1st, A. D. 1914; No. 120, for nineteen thousand nine hundred dollars, to fall due and become payable October 1st, A. D. 1914. The City Council of Wilmington shall, in making its an- nual appropriations for any of the fiscal years in which any of ACTS OF THE GENERAL ASSEMBLY. 463 the above series of bonds shall fall due, include in said appro- priations a sum of money sufficient for the redemption of the same and any interest that may be due. Sec, 3. The money borrowed under the provisions of this water rights " . . , only to be Act shall be used only for the purchase of water rights m the purchased. south long race in said city, contracted for at that price by the City Council of said city. Passed at Dover, April 3, 1883. AN ACT to authorize "The Maijor and Council of TF'iZwiwi^- 19 d. l. 432. ton" to l)orrow a certain sum of money for the improve- ment of streets and avenues in the City of Wilmington, Delaware. Section 1. That The Mayor and Council of Wilmington Authorized . -, , to borrow shall have power and authority and they are hereby ordered $500,000. and directed, under an ordinance of the City Council to be passed with a concurrence of two-thirds of all the members thereof for the time being, to borrow a sum or sums of money not exceeding in the aggregate five hundred thousand dollars, To be ex- which shall be appropriated, applied and expended for the f ol- pended on lowing purposes, that is to say: For paving and improving the streets and avenues of the said City of Wilmington, to is- sue bonds of said city for the payment thereof, with interest, at such times and in such manner as the said City Council shall by ordinance prescribe and appoint. Sec. 2. That any and all moneys so borrowed under the How to be authority of this Act shall be borrowed by the said "The Mayor and Council of Wilmington ' ' at such times and in such amounts as the Board of Directors of the Street and Sewer De- partment of the City of Wilmington may direct ; provided, sum to be however, that in no event shall the amount to be borrowed un- not to ex- der the provisions of this Act exceed the sum of two hundred hi oneVear. thousand dollars in any one year, and shall be applied and ex- pended through and by the said Board of Directors of the Street and Sewer Department of the City of Wilmington, which shall have the supervision, management, direction and 464 ACTS OF THE GENERxiL ASSEMBLY. Deposit of money bor- rowed. of^mOTity"'^ control of and over the work and the expenditures of moneys as hereinbefore provided. All money borrowed as aforesaid for the purpose hereinbefore named shall be placed on special deposit by the said Board of Directors of the Street and Sewer Department of the City of Wilmington, and all orders or war- rants for the payment of money drawn against this fund shall have specified thereon the words, ''Paving and improving streets and avenues," and no warrant or order for the pay- ment of money shall be drawn against such fund except such order or warrant is for pa;\anent for work done in the improv- ing of the streets and avenues of the City of Wilmington as aforesaid. Orders on fund. Issue of bonds. Sec. 3. That the bonds of the City of Wilmington author- ized to be issued under the provisions of this Act shall be is- sued and payment made in the manner provided by an Act passed at Dover, February 9, 1855, entitled "An Act to pro- vide a sinking fund for the payment of the city debt of Wil- mington," and the various amendments and supplements thereto. Passed at Dover, Mav 15, 1891. 20 D. L. 160. A FURTHER 8UPPLE3IENT to "An act to provide for Public Parhs for the use of the citizens of Wilmington and its vicinity," passed March 13th, 1883. Mayor and Council of Wilmington may borrow not exceed- ing: $50,000 for purchase of additions to parks. Section 1. That the Mayor and Council of Wilmington are hereby empowered, under an ordinance or ordinances of the City Council to be passed with the concurrence of two- thirds of all the members thereof, to borrow a sum or sums not exceeding in the aggregate fifty thousand dollars to be applied and expended under the charge of the Board of Park Com- missioners of the said city in the purchase or acquisition, in the manner authorized by the act to which this is a supple- ment, of lands to be used as additions to said parks. Bonds, how issued. Sec. 2. That the bonds of the City of Wilmington au- thorized to be issued under the provisions of this act shall be ACTS OF THE GENERAL ASSEMBLY. 465 issued, and payment made in the manner provided by an act passed at Dover, February 9th, 1855, entitled "An Act to pro- vide a sinking fund for the payment of the city debt of Wil- mington, " and the various amendments and supplements thereto. Sec. 3. . That the amounts to be appropriated in pursu- ^^Vnl ooo ance of Section 4 of the act to which this is a supplement shall [° any one not be less than fifteen thousand dollars for any one fiscal j'ear. J'^^-r. Passed at Dover, April 27, 1895. A FURTHER SUPPLEMENT to "An Act to provide /or 20 d. l. 674. Piihlic Parks for the use of the Citizens of Wilmington and its Vicinity," passed March 13, 1883. Section 1. That the Mayor and Council of Wilmington May borrow are hereby empowered, under an ordinance or ordinances of the City Council to be passed with the concurrence of two- thirds of all the members thereof, to borrow a sum or sums not exceeding in the aggregate $25,000.00 to be applied under the charge of the Board of Park Commissioners in the improve- For im- ment of the parks, but not more than $15,000.00 shall be bor- parks. rowed in any one calendar year. Sec. 2. That the bonds of the Citv of Wilmington au- Form. &c., . . " . of bonds. thorized to be issued under the provisions of this act shall be issued, and payment made in the manner provided by an act passed at Dover, February 9th, 1855, entitled, "An Act to pro- vide a sinking fund for the City of AVilmington, ' ' and the vari- ous amendments and supplements thereto. Passed at Dover, April 5, 1897. 466 ACTS OF THE GENERAL ASSEMBLY. 20 D. L. 163. ^^Y ACT to further amend Chapter 188 of Vohime 18 of the Laws of Delaware and also to authorize "'The Mayor and Council of Wilmington" to borrow a certain sum of money for public improvements in the City of Wilming- ton, Delaware. Section 1\ ******** Mayor and Council shall borrow $250,000 and issue bonds for same. To be ex- pended in improve- ments of streets and sewers. Sec. 2. And be it further enacted by the authority afore- said, That the Mayor and Council of Wilmington shall have power and they are hereby directed to borrow the sum of two hundred and fifty thousand dollars ($250,000) and to issue bonds of said city for the payment thereof with interest, said payment to be made at such times and in such manner as the City Council of the said City of Wilmington shall by ordi- nance prescribe and appoint, and the said sum of two hundred and fifty thousand ddllars ($250,000) shall, in the discretion of the Board of Directors of the said Street and Sewer Depart- ment of the said City of AVilmington, be appropriated, applied and expended by the said board for the following public im- provements, that is to say: For the opening, widening, paving and improvement of streets, avenues, lanes or alleys in the said City of Wilmington and for the construction of sewers and waterways in said city. Sec. 3. That any and all moneys so borrowed under the To be bor- rowed in the^directors ^^^^hority of this act shall be borrowed by the said the Mayor and^sewer*^^ and Couucil of Wilmington at such times and in such amounts Department may direct, not exceed- ing- $125,000 in one year. as the Board of Directors of the Street and Sewer Department of the said Citj^ of Wilmington may direct; provided, how- ever, that in no event shall the amount to be borrowed under the provisions of this act exceed the sum of one hundred and twenty-five thousand dollars ($125,000) in any one year and the same shall be applied and expended through and by the said Board of Directors of the Street and Sewer Department of the City of Wilmington, which shall liave the supervision, management, direction and control over the said work and the expenditure of money necessary with respect thereto. All 1. Sec. 1 amending Chapter 188, Vol. 18, D. L. ACTS OF TUE GENERAL ASSEMBLY. 467 moneys borrowed as aforesaid for the purposes hereinbefore mentioned shall be placed on special deposit by the said Board ^^^^^^ °" of Directors of the Street and Sewer Department of the said City of Wilmington, and no warrant or order for the payment of money shall be drawn against such fund except such order or warrant is for pajnnent for work done upon and about the ^"j^ied. improvements provided for in this act. Sec. 4. That the bonds of the City of Wilmington au- Payment, ■^ ° now pro- thorized to be issued under the provisions of this act shall be vided for. issued and payment made in the manner provided for in the act passed at Dover, February 9, 1855, entitled "An act to pro- vide a sinking fund for the City of Wilmington, ' ' and the va- rious amendments and supplements thereto. Sec. 5. That no reduction in the amount now payable by to'^be'nmde"" the Council to the Board of Directors of the Street and Sewer ipprfpHa- Department of the said City of Wilmington for their current cn'tif/d^-""' and ordinary expenses as now provided by law shall take place l-eceive"in- before the said department receives such installment of the newTwin. °^ money directed to be borrowed by this act as it may properly demand. Sec. 6. That all acts or parts of acts inconsistent with the provisions of this act be and the same are hereby repealed. Passed at Dover, April 30, 1895. AN ACT authorizing and empowering "Tli.e Board of Public 22 d. l. 357. Education in Wilmington" to issue Certificates of In- debtedness for a sum not exceeding One Hundred and Fifty Thousand Dollars for the payment of the New High School and the buildings connected therewith; and the proper furnishing and equipment of the same. Section 1. That "The Board of Public Education in ^^^^^ ^^ Wilmington" be and it is hereby authorized and empowered ^"t'^o^aif-"' to issue certificates of indebtedness to an amount not exceed- {^q^j^J,^*^ ^^ 468 ACTS OF THE GENERAL ASSEMBLY. $150,000 for jng the sum of one hundred and fifty thousand dollars, for the new High => •' ' School purpose of paj'ing the amounts now due or hereafter to become due, for or on account of the erection and completion of the new High School building and the buildings connected there- with and furnishing the same with the necessary furniture, apparatus and appliances. Sec. 2. The said certificates of indebtedness shall bear interest at a rate not exceeding four per centum per annum, payable semi-annually from the day of the date thereof, and shall each be issued for the sum of one thousand dollars, and numbered from 1 to 150 inclusive. Fifteen of said certificates shall be paid off each and every year, in the order in which they are numbered, until all the said certificates are paid, out of the annual amount of money which the said board is authorized to expend yearly for new buildings. How signed. ^jj ^j^g ^^:^^ certificates shall be signed by the President of the said Board and attested by the Secretary of the said Board, and have affixed thereto the common or corporate seal of the said "Board of Public Education in Wilmington." Approved March 8, A. D. 1901. Certificates of indebted- ness. How and when paid. 22 D. L. 358. Mayor and Council may borrow money to Improve parks. Amount of. A FURTHER SUPPLEMENT to an Act entitled ''An Act to provide for Puhlic Parks for the use of the City of Wil- mington and its Vicinity," passed March 13th, 1383. Section 1. That the Mayor and Council of Wilmington, upon recommendation of the Board of Park Commissioners, are hereby authorized to borrow a sum or sums not exceeding in the aggregate of fifty thousand dollars to be applied and expended under the charge of the Board of Park Commission- ers of the said city for the purpose of improving the parks, and a sum or sums not exceeding in the aggregate thirty thou- sand dollars for the purchase or acquisition, in the manner authorized in the Act to which this is a supplement, of lands to be used as additions to said parks. ACTS OF THE GENERAL ASSEMBLY. 469 Sec. 2. That the bonds of the City of Wilmington au- ^onds. how thorized to be issued under the provisions of this Act, shall be issued, and payment made in the manner provided by an ' ' Act passed at Dover, Februarj^ 9th, 1855, entitled 'An Act to pro- vide a sinking fund for the payment of the city debt of Wil- mington, ' " and the various amendments and supplements thereto. Approved March 21, A. D. 1901. ^.V ACT to authorize ''The Mayor and Council of Wilming- 22d. l. 359. ton" to borrow a certam sum of money for the elimina- tion of Grade Crossings of Railroads and for the Improve- ment of Streets and Avenues and Construction of Sewers in the City of Wilmington, Delaware. Section 1. That "The Mayor and Council of Wilming- g^^'^^'^ff^ ton" shall have power and authority, and they are hereby di- o°o'^fo7a,3oii'. rected to borrow the sum of fifty thousand dollars and to issue ^ion of grade •' _ _ crossings. bonds of the said city for the payment thereof with interest, said payment to be made at such times and in such manner as the said Council of the said City of Wilmington shall by ordi- nance prescribe and appoint, and the said sum of fifty thousand dollars shall, in the discretion of the Board of Directors of the Street and Sewer Department of the said City of Wilmington, be appropriated, applied aud expended by the said board for the following public improvements, that is to say, for the aboli- tion of grade crossings of railroads within the limits of the City of Wilmington, and for the opening", widening, paving and improving of streets, avenues, lanes or alleys and for the extension of the authorized sewer system provided for and in said City of Wilming-ton. Sec. 2. That any and all moneys so borrowed under the Methods of. authority of this Act shall be borrowed by the said "The Mayor and Council of Wilmington ' ' at such times and in such amounts as the Board of Directors of the Street and Sewer De- partment of the said Cit}' of Wilmington ma}" decide and di- rect. Provided, however, that in no event shall the amount to be borrowed under the provisions of this Act exceed the sum 470 ACTS OF THE GENERAL ASSEMBLY. of twenty-five thousand dollars in any one calendar year and the same shall be applied and expended through and by the said Board of Directors of the Street and Sewer Department of the said City of Wilmington, which shall have the super- vision, management, direction and control over the said work and the expenditure of money necessary with respect thereto. All moneys borrowed as aforesaid for the purposes hereinbe- fore mentioned shall be placed on deposit by the said Board of Directors of the Street and Sewer Department of the said City of Wilmington, and no warrant or order for the payment of money shall be drawn against such funds except such order, or warrant is for payment for work done upon and about the improvement provided for this Act, provided, however, that it shall be discretionary with the Board of Directors of the Street and Sewer Department as to which improvement or improve- ments any or all of such money or moneys shall be applied. Issue and Sec. 3. That the bonds of the City of AVilmington, au- thorized to be issued under the provisions of this Act, shall be issued and payment made in the manner provided for in the Act passed at Dover, February 9, 1855, entitled "An Act to Provide a Sinking Fund for the City of Wilmington, ' ' and the various amendments and supplements thereto. Sec. 4. That all acts or parts of acts inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 14, A. D. 1901. 22D. L. 361. AN ACT to authorize the 21ayor and Council of Wilmington to horrow the sum of Fifty Thoiisand Dollars, and to issue Sinking Fund Bonds in payment thereof. Mayor and SECTION 1. That the Mavor and Council of Wilmington Council may " _ " borrow $50,- shall havc power and authority, and they are hereby directed adequate to borrow the sum of fifty thousand dollars ($50,000) and to receipts '' \ ; / from taxes, issue bonds of Said city for the payment thereof with interest, said payments to be made at such times and in such manner as ACTS OF THE GENERAL ASSEMBLY. 471 the Council of the said Cit,y of Wilmington shall hy ordinance prescribe and appoint, and of the said sum of fifty thousand dollars the sum of fifteen hundred and fifty dollars shall be ap- propriated, applied and expended by said Council in paying off and liquidating- a certain bond and mortgage of said amount held by Elizabeth S. Taylor against the premises, in said City of Wilmington, known as Public School No. 9, and the remaining sum, or whatever amount may be necessary shall be applied and expended by the Council to the liquidation of the present floating indebtedness of the city. Sec. 2. That the bonds of the City of Wilmington au- thorized to be issued under the provisions of this Act shall be issued an^ issued and payment made in the manner provided for in the ^^^^ ' Act passed at Dover, February 9, 1855, entitled "An Act to Provide Sinking Fund for the City of Wilmington, ' ' and the various amendments and supplements thereto. The aggregate amount of the bonds of the said Mayor and Council of Wil- mington outstanding and unpaid at the time of the passage of this Act, together with the amount of the bonds hereby author- ized to be issued, shall be deemed and taken to be the author- ized limit- of the indebtedness of said corporation, and the faith and credit of said corporation shall be and are hereby pledged for the redemption and payment of said bonds as the same shall fall due and become payable. Sec. 3. That all acts or parts of acts inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 9, A. D. 1901. AN ACT to Protect the Health of the Citizens of Wilmington. ,.^ Whereas, large quantities of refuse and sewerage are un- avoidably discharged into the stream of water called Price's Run running through a portion of the Ninth ward of the City of Wilmington ; L. 836. Preamble. Direction of. 472 ACTS OF THE GENERAL ASSEMBLY. Preamble. ^j^jj Whereas, a public drain or trunk line sewer has be- come necessary for the drainage, growth and development of the Northern and Northeastern parts of said city ; Mayor and SECTION 1. The Mayor and Council of Wilmington is Council to *^ ° construct a hereby authorized, directed and required within three (3) trunk line ^ i x \ / sewer. years after the passage of this Act, through the agency of the Board of Directors of the Street and Sewer Department of the City of Wilmington, to lay and construct a trunk line sewer of Direction of. such size as may be determined by the Board of Directors of the Street and Sewer Department, beginning at the intersec- tion of Twenty-eighth and Monroe streets in the said city and running thence by such courses as the Board of Directors may deem most expedient to the Brandywine River ; and also to lay To construct .^^i^ coustruct, a branch of said main trunk line sewer of such branch of ' trunk line gi^e as may be determined by the said Board of Directors of sewer. '■' «' ^^ the Street and Sewer Department of the Citj^ of Wilmington, beginning at the intersection of Twenty-second and Locust streets in said city, and running thence by such courses as the said Board of Directors may deem most expedient to the inter- section of Twenty-seventh and Bowers streets in said city, and also to acquire by purchase or condemnation all lands, water and water rights necessar}- for laying and constructing the said sewer. Agreement Sec. 2. In case the said Board of Directors shall not be with prop- erty owners, able to agree with the owners of the said property for the pur- chase thereof, the said Board shall cause the same to be con- demned for the use of the said city for the purposes aforesaid in like manner and by like proceedings as are now provided by Condemna- ^^w for the Condemnation of land for extending, widening, Isly- tion of prop- _ ^' o; ^ erty. ^j^g out and opening streets within the said city. {^) (a) See Sees. 116 and 117 of the Charter. To borrow Qec. 3. The Mayor and Council of Wilmington shall have money. ^ ^ power and authority, and they are hereby directed to borrow the sum of Ninety Thousand dollars ($90,000.00) and to issue Bonds for. bouds of Said city for the payment thereof, with interest, said Interest. payment to be made at such times and in such amounts as the ACTS OF THE GENERAL ASSEMBLY. 473 City Council of the said City of Wilmington shall by ordi- nance prescribe and appoint, and the said sum of Ninety Thou- sand dollars ($90,000.00) shall be appropriated, applied and expended by the said Board toward the costs, expenses and^/'Pj^^^^g*^"'^ damages "which may be incurred in the purchase or condemna- tion of said property and in laying and constructing said sewers. Sec. -1. That any and all moneys so borrowed under the authority of this Act shall be borrowed by the said Maj^or and Council of Wilmington at such times and in such amounts as the Board of Directors of the Street and Sewer Department of the City of Wilmington may decide and direct, and the said money shall be applied and expended through and by the Board of Directors of the Street and Sewer Department of the^^o^^^gO^J^'" City of Wilmington, which shall have entire supervision, man-^^P^^^'^^^^^j agement, direction and control over said work and the expendi-^^°''^j;J^j^^j.g ture of money necessary with respect thereto. All moneys bor-o^ money, rowed as aforesaid, for the purposes hereinbefore mentioned, shall be placed on special deposit by the said Board of Direc- tors of the Street and Sewer Department of the City of Wil- mington, and no warrant or order for the payment of money shall be drawn against such funds except such order or war- rant is for the purchase or condemnation of said property or for the work done upon or about the construction of said sewers. Sec. 5. That the bonds of the Citv of Wilmington, au- Bonds issued ^ ' and paid in thorized to be issued under the provisions of this Act, shall be accordance ^ ' with provis- issued and payment made in the manner provided bv the Act io"?,?f -^ct. ^ •' 1 . entitled "An passed at Dover, Februarv 9th, 1855, entitled "An Act to Pro-Act to Pro- ^ ' .. ; 7 Vide a Smk- vide a Sinking Fund for the city of Wilmington" and the va- in^ Fund for rious amendments and supplements thereto. wniming- ^^ ■ ton. Sec. 6. That nothing in this Act shall be so construed as Property . owner not to relieve the owners of any property abutting on any part of exempt from the sewers provided for in this Act, from liability for the costsbiiity. and charges which may be laid and levied upon them as pro- vided for by law for the opening and maintaining of all public drains and sewers Avithin the said Citv of Wilmington. 474 ACTS OF THE GENERAL ASSEMBLY. Sec. 7. That all Acts or parts of Acts inconsistent with the provisions of this Act, be and the same are hereby repealed. Approved March 26, A. D. 1903. 22 D. L. 833. AN ACT to Autliorize the Mayor and Council of Wilmington to horrow the sum of Two hundred thousand dollars for the use of the Board of Water Commissioners of said City. Mayor and SECTION 1. The Mavor and Council of Wilmington shall Council of ^ & Wilmington have power and authority, and is herebv directed to borrow, as to borrow »/ 7 . 7 $200,000. hereinafter provided, the sum of Two hundred thousand dol- To issue lars, and to issue bonds to be prepared and printed or engraved under the supervision of the Board of Water Commissioners, of the said The Mayor and Council of Wilmington for the pay- How signed, ment thereef with interest. Said bonds to be signed by the Mayor of the said city, and under the seal of the said city, and countersigned by the City Treasurer and City Auditor in the Record of. same manner as other city bonds ; and a record thereof shall be made and kept by the City Auditor, the City Treasurer, and bv the Board of Water Commissioners. To be deliv- ered to Mayor and City Treas- urer. Sec. 2. Whenever in the judgment of the said Board of Water Commissioners it shall be necessary to issue by resolu- tion of the Board any or all of the said bonds, they shall cause the same to be prepared and delivered to the Mayor and City Treasurer for execution as aforesaid. Bonds may Sec. 3. Said bouds may be either registered or coupon registered or bouds, as the Said Board of Water Commissioners may deter- bonds. mine, and shall be of the denomination of one thousand dollars, t?on.°"^'"^' each, and shall bear interest at a rate not to exceed four per centum per annum. Said bonds shall be made payable at the expiration of twenty A^ears from the date thereof and may con- tain a provision for the redemption thereof by the said Board of Water Commissioners at any time after the expiration of five years from the date thereof, at a premium not to exceed five per cent. Said bonds shall also be liable to be redeemed at their face value at any interest bearing period, as hereinafter provided. Pa\'able. Redemption of bonds. ACTS OF THE GENERAL ASSEMBLY. 475 Sec. 4. The said bonds, principal and interest shall l^e ^bie'^at^^^ ' payable at the Union National Bank of Wilmington, Delaware, tJn°^B^nk out of money from time to time appropriated for that pur- of^wiiming- pose by -the said Board of Water Commissioners. The said Board of Water Commissioners is hereby authorized and di- rected to pay the interest on the said bonds to the said Union National Bank of Wilmington, Delaware, when and as the same shall become due; and the said Board of Water Com- missioners is further authorized and directed to pay and re- deem at the expiration of the fifth year from the date of the ^g^emptSn said bonds, fifteen of said bonds at par, and to pay and redeem of bonds, at the expiration of each and every year thereafter, an addi- tional fifteen of said bonds until the twentieth year when the said Board of Water Commissioners shall pay and redeem the balance of said bonds. The said Board of Water Commissioners is hereby author- ized and empowered to apply to the payment of the interest and principal on said bonds, any revenue coming into their hands from the Water AVorks of the City of Wilmington. The bonds to be redeemed at any time shall be selected by the Board of Water Commissioners by an impartial drawing. Any and all bonds redeemed shall be forthwith cancelled by the City Treasurer and City Auditor, and shall not again be re- issued. Sec. 5. All of the said bonds shall bear the same date and -^^^^ ^^^^^ shall be numbered from No. 1 to No.. 200 inclusive. If coupon {J^^g*^^' °^ bonds shall be issued, the coupons shall bear the engraved sig- nature of the Treasurer of the said city. Any matured cou- pons shall be detached from the bonds by the City Treasurer and destroyed before delivery to the purchaser or purchasers thereof. Sec. 6. Said bonds may be sold when and as the said ^®^q°j^^^'^'°" Board of Water Commissioners shall determine, and until sold shall remain in the custody of the City Treasurer. Whenever in the judgment of the said Board of Water Commissioners it shall seem desirable to sell any or all of the said bonds, the said Board of Water Commissioners may sell and dispose of 476 ACTS OF THE GENERAL ASSEMBLY. the same on the most advantageous terms possible after having advertised the same in the public press, but no commission or other compensation shall be charged or paid to any member of said Board for effecting the sale or negotiation of said bonds. Disposition g^c. 7. Anv monev received from the sale of anv or all of money - ./ from sale of of the Said bonds shall be deposited by the City Treasurer to the credit of the Board of AVater Commissioners in a separate account, and payments therefrom shall be made in the same manner as other payments by the Board of Water Commis- sioners, provided that no part of the money thus obtained shall be used. by the said Board of Water Commissioners for any purpose other than the construction, erection and equipment of the new reservoir to be located in Brandywine Hundred, New Castle County, to be known as the William T. Porter Res- ervoir, and for the purchase, construction and equipment of the pipes, mains, filter plant, clear water basin, buildings and machinery proper for the construction, completion and opera- tion of the said reservoir in connection with the Water Works of the City of Wilmington. Bonds pay- able in gold. Sec. 8. The principal and interest of the said bonds shall be payable in gold coin of the United States of America, equal in weight and finen'ess to the present standard, and shall con- tain such provisions not inconsistent with the requirements of this Act, as the said Board of Water Commissioners shall de- termine. Expense of Sec. 9. All charges and expenses connected with the of bonds preparation of the said bonds, and of the sale thereof, shall be Board "of paid by the said Board of Water Commissioners by monej' to missioners. be appropriated by them for that purpose. Approved March 31, A. D. 1903. ACTS OF THE GENERAL ASSEMBLY. 477 A FURTHER SUPPLEMENT to an Act entitled "An Act to 23 d. l. 275. provide for Puhlic Parks for the use of the City of Wil- mington and its vicinity/' passed March 13th, 1883. Section 1. That the Mayor and Council of Wilmington, city author- . . ' ized to bor- upon recommendation of the Board of Park Commissioners, row money . to purchase are hereby authorized to borrow a sum or sums not exceeding additional lands for in the aggregate twenty thousand dollars to be applied and ex- parks, pended under the charge of the Board of Park Commissioners of the said city for the purpose of improving the parks, and a sum or sums not exceeding in the aggregate thirty thousand dollars for the purchase or acquisition, in the manner author- ized in the Act to which this is a supplement, of lands to be used as additions to said parks. Sec. 2. That the bonds of the City of Wilmington au- thorized to be issued under the provisions of this Act, shall be authorized, issued, and payment made in the manner provided by an ' ' Act passed at Dover, February 9th, 1855, entitled 'An Act to pro- vide a sinking fund for the payment of the city debt of Wil- mington,' " and the various amendments and supplements thereto. Approved March 29, A. D. 1905. AN ACT to authorize "The Mayor and Council of Wilming- 23 d. l. 276. ton" to borrow a certain sum of money for the elimina- tion of grade crossings of railroads and for the improve- ment of streets and avenues and construction of sewers in the City of Wilmington, Delaware. Section 1. That "The Mavor and Council of Wilming- city author- . ized to bor- ton" shall have power and authoritv, and thev are hereby di- row money ^ ■ " 11^° abolish rected to borrow the sum of one hundred thousand dollars and grade cross- . ings. to issue bonds of the said city for the payment thereof with interest, said payment to be made at such times and in such manner as the said Council of the said City of Wilmington shall by ordinance prescribe and appoint, and the said sum of 478 ACTS OF THE GENERAL ASSEMBLY. one hundred thousand dollars shall, in the discretion of the Board of Directors of the Street and Sewer Department of the said City of Wilmington, be appropriated, applied and ex- pended by the said board for the following public improve- ments, that is to say, for the abolition of grade crossings of railroads within the limits of the City of Wilmington, and for the opening, widening, paving and improving of streets, ave- nues, lanes or alle.ys and for the extension of the authorized sewer system provided for and in said City of Wilmington. Money when to be bor- rowed. Proviso. Limit of amount to be borrowed in any year. How expended. Money to whose credit deposited. How drawn on. Proviso. Proviso. Limit of amount to be used on sewers. Sec. 2. That any and all moneys so borrowed under the authority of this Act shall be borrowed by the said "The Mayor and Council of Wilmington ' ' at such times and in such amounts as the Board of Directors of the Street and Sewer De- partment of the said City of Wilmington may decide and di- rect. Provided, however, that in no event shall the amount to be borrowed under the provisions of this Act exceed the sum of fifty thousand dollars in any one calendar year and the same shall be applied and expended through and by the said Board of Directors of the Street and Sewer Department of the said City of Wilmington, which shall have the super- vision, management, direction and control over the said work and the expenditure of money necessary with respect thereto. All moneys borrowed as aforesaid for the purposes hereinbe- fore mentioned shall be placed on deposit by the said Board of Directors of the Street and Sewer Department of the said Citj^ of Wilmington, and no warrant or order for the payment of money shall be drawn against such funds except such order, or warrant is for payment for work done upon and about the improvement provided for this Act, provided, however, that it shall be discretionary with the Board of Directors of the Street and Sewer Department as to which improvement or improve- ments any or all of such money or moneys shall be applied, provided, however, that not more than one-third of the moneys so borrowed under the authority of this Act shall be applied for the extension of sewers. Bonds of city to be issued under what Act. Sec. 3. That the bonds of the City of Wilmington, au- thorized to be issued under the provisions of this Act, shall be ACTS OP THE GENERAL ASSEMBLY. 479 issued and payment made in the manner provided for in the Act passed at Dover, February 9, 1855, entitled "An Act to Provide a Sinking Fund for the City of Wilmington, " and the various amendments and supplements thereto. Sec. 4. That all Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 6, A. D. 1905. AN ACT to authorize the Mayor and Council of Wilmington 24 d. l. 351 to horrow Eight Hundred Thousand Dollars for the pur- pose of paying off any Floating Indel)tedness and Current Liahility in connection with the Water Works System of the City of Wilmington, and for defraying the cost of ac- quiring real estate and water rights; and for the comple- tion, construction, erection and equipment of new reser- voirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the completion and operation of the reservoir and filtration plants in connection with the extension of the Water Sup- ply System of the City of Wilmington. Section 1. That The Mavor and Council of Wilmington, city author- ized to l)or- be and is hereby authorized and empowered to borrow upon row $800,000. the faith and credit of the City of Wilmington, as hereinafter provided, a sum not exceeding eight hundred thousand dollars to be expended for the purpose of paving off any floating in- Funds to be ... ' . • 1 1 -TJT J. used for debtedness and current liability m connection wath the Water what pur- ' 13 OS OS Works System of the City of Wilming-ton, and for defraying the cost of acquiring real estate and water rights ; and for the completion, construction, erection and equipment of new reser- voirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the completion and operation of the AVater Supply System of the City of Wilmington; and for the purpose of securing the payment of such sum, to issue bonds in denominations of one thousand To issue bonds. dollars each and bearing such rate of interest not exceeding 480 ACTS OF THE GENERAL ASSEMBLY. Rate of interest. four and one-half per centum per annum as The Council of The Mayor and Council of "Wilmington may deem expedient. The interest upon said bonds shall be payable semi-annually in each and every year from the date of issue thereof. Classifica- tion of bonds. Sec. 2. Said bonds shall be divided into seventeen classes and shall be paid at their face value as follows : Class. Amount. Date of Maturity. A $30,000 1910 B $30,000 1911 C $30,000 1912 D $30,000 1913 E $40,000 1914 F $40,000 1915 G $40,000 1916 H $40,000 1917 I $50,000 1918 J. K. L. M. N. 0. P. Q. .$50,000 1919 ,$50,000 1920 .$50.000 1921 ,$60,000 1922 ,$60,000 1923 ,$60,000 1924 .$70,000 1925 $70,000 1926 City Council to prepare bonds. How executed. Record of bonds. Sec 3. Said bonds shall be prepared under the super- vision of The Council of The Mayor and Council of Wilming- ton and shall be signed by the Mayor of the City of Wilming- ton, and under the seal of said city, and shall be countersigned by the City Treasurer and City Auditor of said city in the same manner as other city bonds ; and it shall be the duty of such officers to execute said bonds when directed by The Coun- cil to do so. It shall be the duty of the City Auditor, the City Treasurer, and the Board of Water Commissioners to keep a record of said bonds. may'^be^ofd. ^^c. 4. Said bonds, or any part thereof, may be sold when and as The Council of The j\Iayor and Council of Wil- ACTS OP THE GENERAL ASSEMBLY. 481 mington shall determine, aud until sold shall remain iu the custod}^ and possession of the City Treasurer. Whenever the Board of Water Commissioners of the City of Wilmin^on .shall deem it necessary to have "The Council" sell any or all of said bonds, the said Board shall bj^ resolution request, ' ' The Council" to issue any portion or all of said bonds, and "The Council" of The Mayor and Council of Wilming-ton if it shall deem it advisable may sell and dispose of the same on the most advantageous terms possible, after having advertised the same in the public press at least once each week for at least two weeks. No commission or other compensation shall be charged or paid to any member of The Council for affecting the sale or negotiation of said bonds. pay- Sec. 5. Said bonds, principal and interest, shall be pay- ^^^ere' able at the Union National Bank at Wibiiington, Delaware, ^^^^■ in gold coin of the United States of America equal in weight and fineness to the present standard, out of the money from time to time appropriated for that purpose by The Council of ^^hen the City of Wilmington, and the said Council is hereby au- payable. thorized and directed to pay the interest on said bonds to the said Union National Bank when and as the same shall become due, and to pay said bonds when and as the respective classes mature in accordance with the schedule in Section 2 of this Act. The said Council is hereby authorized and directed to apply to the payment of the interest and principal on said » bonds, any money coming into its possession from the revenues of said city. Sec. 6. All of said bonds shall bear the same date and Funds de- posited to shall be numbered from 201 to 1000 inclusive. The monev re- whose credit. ceived from the sale of said bonds shall be deposited hy the City Treasurer to the credit of the Board of Water Commis- sioners in a separate account and pavments therefrom shall be Drafts ^ ^ * thereon, made in the same manner as other payments are made by said ^ow made. Board of Water Commissioners. No part of the money thus obtained and deposited to the credit of the Board of Water Commissioners shall be used by said Board for any purpose p^^, other than : First — paying oft' anv floating indebtedness and fune apphed to. current liability in connection with the Water Works System 482 ACTS OF THE GENERAL ASSEMBLY. of Wilming-ton ; and second — for defraying the cost of acquir- ing real estate and water rights and for the completion, con- struction, erection and equipment of new reservoirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the completion and opera- tion of the Water. Supply System of the City of Wilmington ; Proviso. provided that the purchasers or holders of said bonds shall not Purchasers not bound to be bound to see to, or be affected by the application or mis- cation of application of any of said money, realized from the sale of funds. K^ -i said bonds. Form of bonds. Sec. 7. Said bonds shall contain such provisions not in- consistent with the requirements of this Act as The Council of The ]\Iayor and Council of Wilmington shall determine. Costs to be paid by Council. Sec. 8. All charges and expenses connected with the preparation of said bonds, and the sale thereof shall be paid by The Council of The ]\Iayor and Council of Wilmington by money to be appropriated by it for that purpose. Approved March 29, A. D. 1907. 24 D. L. 361. AN ACT to authorize "The Mayor and Council of Wihning- to)b" to borrow money for the curbing, guttering, grading, widening, paving and improving of streets and avenues and the building of sewers and conduits, in the City of Wilmington, Delaware. City author- ized to bor- row money for curbing, &c., streets. Money to be paid to City Treasurer who shall deliver to Board of Di- rectors of Street and Sewer De- partment. Section 1. That the "INIayor and Council of Wilming- ton" shall have power and authority to borrow money in such amounts and at such times as they shall deem necessary to be borrowed and, shall by ordinance prescribe and appoint, for the curbing, guttering, grading, widening, paving and improv- ing of the streets, avenues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, Delaware, and to issue the bonds of the said city in payment therefor with interest ; the moneys so borrowed to be paid into the city treas- ury and upon the receipt of the same by the City Treasurer, he shall deliver the amount of the same to the Board of Directors ACTS OF THE GENERAL ASSEMBLY. 483 of the Street and Sewer Department of the said City of Wil- mington, which Board shall have supervision, management, di- rection and control over the said work and the expenditure of the money necessary with respect thereto. All moneys bor- rowed as aforesaid for the purposes hereinbefore mentioned ^, ■^ ^ How de- shall be placed on deposit by the Board of Directors of the posited. Street and Sewer Department of the said City of Wilmington and no warrant or order for the payment of money shall be drawn against said funds except such order or warrant is for How payment for work done or material or implements used upon and about the improvement or improvements provided for in this Act or prescribed in the ordinance of Council providing the sum to be borrowed. Provided, however, that the said Board of Directors of Eutpof'said the Street and Sewer Department of the said city, shall, be-f^^Ye^^nd fore any moneys are so borrowed under the authority of this partmentto Act, prepare and present to the Council of said City of Wil- of 'ifroposed mington, a list showing the location and the estimated costs of j^en'tsTo' improvements as far as practicable which in the judgment of Councu. said Board of Directors of the Street and Sewer Department should be made. The Council of said City of Wilmington Council to shall fix the amount to be borrowed, basing the amount on the f^i^^^'oi"'' estimates submitted by said Board of Directors of the Street rowed. and Sewer Department. Sec. 2. That the bonds of the City of AVilmington, au- Bonds thorized to be issued under the provisions of this Act, shall be issued and payment made in the manner provided for in the Act passed at Dover, February 9th, 1855, entitled "An Act to provide a Sinking Fund for the City of Wilmington, ' ' and the various amendments and supplements thereto. Sec. 3. That all Acts or parts of Acts inconsistent with the provisions of this Act be and the same are hereby repealed. Approved March 4, A. D. 1907. 484 ACTS OF THE GENERAL ASSEMBLY. 16D. L. 187. j[jv J^CT to exempt from taxation the honds of the City of Wilmington. gonds^ofthe Section 1. That all bonds of the City of Wilmington Wilmington which liave heretofore been issued, or which shall hereafter be exempt from ' all taxation, iggued Under any ordinance of said city, and by authority of any law of this State, shall be exempt from taxation under any law of this State ; and from and after the passage of this Act no county tax shall be collected from any persons holding the bonds of said city for or on account of said bonds. Sec. 2. All laws or parts of laws inconsistent herewith are hereby repealed. Passed at Dover, March 27, 1879. ACTS OF THE GENERAL ASSEMBLY. 485 CHAPTER XIV. ACTS IN RELATION TO EXEMPTIONS FROM TAXA- TION. Page I Page 1. Act Exempting United 6. Act Exempting Lands of States Custom House 485 Charitable Homes of Ref- 2. Act Exempting Certain uge 490 Lands of the United States 486 7. Act Exempting Lands of 3. Act Exempting ail Public Charitable Day Nurseries 491 Schools 486 8. Act Exempting Lands of 4. Act to Classify and Ex- Charitable Young Women's empt Certain Real Estate. 487 Christian Associations .... 491 5. Act Exempting Lands of 9. Act Exempting Lands of Charitable Homes for In- Corporations Engaged in curables 489 | Settlement Work 492 AN ACT exempting from taxation certain real estate located ^ ^ l. 33. in the City of Wilmington, purchased hy the United States Government for the purpose of erecting a Custom House thereon. Whereas, The Congress of the United States at its last Preamble, session appropriated the sum of twenty-five thousand dollars for the purchasing of a site and the construction of a suitable building at the City of Wilmington, in this State, for a Custom House, Post Office, court rooms and other offices of the United States, and for furnishing the same, upon condition that the General Assembly of this State should exempt the said site or lot and building from city and other taxes. ***** Section 1. That whenever the Government of the United Ground upon States shall complete the purchase of the said lot of ground Post office situate at the southeast corner of King street, the boundaries empted from whereof are particularly described in the preamble to this Act, the same togetlier with the buildings and improvements which may thereafter be erected thereon, shall not be subject to city, county or State taxes, but the same shall be held and enjoyed 486 ACTS OF THE GENERAIj ASSEMBLY. by the United States for the purpose aforesaid, free and ex- empt from all manner of taxation whatsoever. Passed at Dover, February 10, 1853. 17 D. L. 605. Consent of State for purchase by U. S. of cer- tain lands in Wilmington for the erec- tion of pub- lic buildings. AN ACT granting consent of the State of Delaware to the pur- chase hy the United States of certain lands for the pur- pose of the erection of Government Buildings at Wil- mington, and ceding jurisdiction over the same. Section 1. That the consent of the State of Delaware is hereby given to the purchase by the United States of one or more pieces of land situated in the City of Wilmington, not exceeding three acres in quantity, on which to erect Govern- ment Public Buildings for the accommodation of the United States Courts, post-office and other government offices ; and the said United States shall have, hold, use, occupy and own the said land or lands when purchased and exercise jurisdiction and control over the same and every part thereof, subject to the restrictions hereinafter mentioned. WTien juris- diction to vest. Sec. 4. That the jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to said land or lands by purchase or grant ; and so long as the said land or lands shall remain the property of the said United States when acquired as aforesaid, and no longer, the same shall be and continue exonerated from all taxes, assessments and other charges which may be levied or imposed under the authority of this State. Sec. 5. That this Act shall take effect immediately. Passed at Dover, April 10, 1885. AN ACT in relation to puMic schools. Sec. 16. That all public school grounds and public school scnoois ex- ^ ° ■ a ^ ^^ empt from buildings maintained at public expense within this State shall all taxation. . ° r- i Public schools ex- ACTS OF THE GENERAL ASSEMBLY. 487 be exempt (") from county, town, municipal, water, street and sewer and all other taxes. (a) Article 10, Section 3, of the Constitution also provides "that all real and personal property used for school purposes, where the tuition is free, shall be exempt from taxation and assessment for public pur- poses. ' ' Lore, C. J.: — "the Court have reached the conclusion that as the cases stated show the real property referred to therein is being used for school purposes where the tuition is free, it comes with- in the constitutional exemption (Sec. 3, Art. 10, Constitution of 1897) and is, therefore, exempt from taxation. ' ' Eettew vs. St. Patrick's Church, 4 Penn. 593 at 600. (yr. 1902) Passed at Dover, April 27, 1893. AX ACT to classify Real Estate for the purposes of Municipal 21 d. l. 244. Taxation, and to exempt certain lands from Municipal Taxation within the City of Wilmi)igton. Section 1. It shall be the duty of the Board of Assess- fjon^of^reai ment, Revision and Appeals, in the City of Wilmington, as at estate, present constituted, immediately after the annual assessment is made in each year for city and school purposes in said city, to classif}'- the real estate so assessed in such a manner as to discriminate between the rural, or suburban, and built up por- tion of said city ; and they are hereby required to certify to the of^vaufation. Council of said cit.y, on or before the first day of June in each year, the valuation of the built up portions and the valuation of the rural or suburban property respectively ; and it shall be the duty of the Council in determining- the rate of taxation for ^^^® °^ *^^' each year to levy a tax upon said rural or suburban property equal to one-half of the highest rate of tax required to be levied for said year; so that upon the real estate assessed in said city there shall be two rates of taxation. («) (a) . This section is set out in full in the case below cited, on page 221. The Court held, under this Act, the lowest rate of taxation was one- half the full rate, and all other acts allowing a rate less than one-half the full rate, were repealed. Spruance, J.: "The Act of 1898. in making a general classification of real estate for the purposes of taxation, fixed the rate of tax upon rural or suburban property at double the rate allowed by the Act of 1897 upon property of tlie same character. It is impos- sible to believe that the Legislature in passing said Act of 1898 intended that thereafter proijerty of the same character situate in different parts of the city should be taxable at different rates. We are, therefore, of the 488 ACTS OF THE GENERAL ASSEMBLY. opinion that the said Act of 1897 was inconsistent with the said Act of 1898, and was, as such, repealed by the latter Act. ' ' Act of 1898. Monaghan vs. Lewis, 5 Penn. 218 at 223-4. (yr. 1905) Monaghan vs. Lewis, 4 Penn. 364 at 365. (yr. 1903) Decision by Lore, C. J. Appeals. During the sittings of said Board of Assessment, Revision and Appeals in the month of April of each year any person interested shall be privileged to appeal to said Board as to the classification of any real estate under this act and it shall be the duty of said Board to hear such appeal and to deter- mine the same according to justice and right. Duty of Sec. 2. It shall be the duty of the Assessors of said citv to make assessments of property in conformity with the pro- visions of this act and to designate on their respective assess- ment lists the class in which such property shall be rated. Exemption Sec. 3. That all marsli and meadow lands within the and meadow, limits of the City of Wilmington that are protected from over- flow by the tides by banks at the expense of the owners there- of, whereon no houses or buildings are erected, be and the same are hereby declared to be exempt from all taxes, assessments, burdens or impositions whatsoever for municipal purposes. Marsh and •meadow filled in exempted. Sec. 4. That any marsh or meadow land, as aforesaid which has been filled in, or which may hereafter be filled in or raised above highwater, so as to become high and fast land; the expense of the same being borne by the owner, shall be ex- empt from all taxes, assessments, burdens or impositions what- soever for municipal purposes for a period of ten years from the time said lands become high and fast lands. meadow"on '^^c. 5. That any marsh or meadow land, as aforesaid factm-in'l^es- ^po^ wliich any manufacturing establishment or industrial l^'^ji^^hment improvement, for the employment of labor, («) shall be erected exempt. after the passage of this act shall for a period of ten years after the same shall be erected, be exempt from all taxes, bur- dens, assessments or impositions whatsoever for municipal pur- poses. (fl) The object of the above section is to encourage the erection and ACTS OF THE GENERAL ASSEMBLY. 489 operation of mauufacturing plants; and insolvency of the same does not necessarily terminate the exemption. In the case belo\Y cited, the language was as follows: ' ' A provision of the Charter of the town of Newark contained the following provision : ' ' All manufacturing j^lants now, or hereafter, es- tablished within the limits of said town, emijloying ten or more employees, shall be exempt from town taxation for the term of ten years. " 18 1). L. Ch. 175, Sec. 31. (p. 162). The following, bearing upon the same, is taken from the syllabus: ' ' An exemption from taxation of a manufacturing plant is not ter- minated by the insolvency of the company owning it, and the appointment of a receiver, and a judicial sale to a purchaser who makes an effort to keep within the lines prescribed. There must be an actual abandonment of the works for manufacturing puri^oses. " (159) Lore, C. J.: " The plant has been devoted to manufacturing pur- poses only, and is not shown to have been used for any other purpose. The suspension of work in the plant was by reason of want of funds to carry on the business. ' ' Bradford vs. Mote, 2 Marv. 159 at 165. (yr. 1895) Sec. 6. That any marsh or meadow land, as aforesaid or Exemption 'where the same has been filled in or raised, as aforesaid, so as and'meadow to become fast and high land, upon which any manufacturing mlnJfactur- establishment or industrial improvement, for the employment lighments." of labor has been erected within two years prior to the passage of this act, or which may hereafter («) be erected, shall, for a period of ten years after the passage of this act, be exempt from all taxes, assessments, burdens or impositions whatsoever for municipal purposes. Sec. 7. That all acts or parts of acts inconsistent with the provisions of this act, be and the same are hereby repealed, and especially an act passed at the present session of the Gen- eral Assembly entitled "An Act to classify certain lands with- in the City of Wilmington for the purposes of Municipal Tax- ation. ' ' Approved May 20, A. D. 1898. AN ACT to amend an Act entitled ''An Act to revise and con- 22 d. l. 843. solidate the Statutes relating to the City of Wilmington/' being Chapter 207, Volume 17, Laws of Delaware, exempt- ing from taxation the lands and tenements of all Chari- table Homes for Incurables. 490 ACTS OF THE GENERAL ASSEMBLY, Charitable institutions of value of $15,000 ex- empt from taxation. Section 1. That all lands and tenements to the value of Fifteen thousand dollars owned by any corporation («) or as- sociation, which are used wholly or in part for Charitable Homes for Incurables, shall be and the same are hereby de- clared to be exempt from all taxes, assessments, burdens or im- positions for municipal purposes. Approved April 7, A. D. 1903. (a) This Act, it mil be noticed, reads, "any corporation" used for such Tvork, shall be exempt. The few acts following this one contain similar language. This general phraseology brings this Act (and others of similar language), within the general exemption clause of the Constitu- tion, thus making it, and them, valid. This clause is as follows: — ' ' but the General Assembly may, by general laws, exempt from taxation such property as in the opinion of the General Assembly will best promote the general welfare." Art. VIII, Sec. 1, Constitution 1897. Prior to the Constitution of 1897, the exemptions were, practically, all special exemptions, and the Constitution of 1897, proprio vigore, repealed them. Sayers vs. W. & N. E. R. Co., 3 Penn. 249 at 258. (yr. 1901) Monaghan vs. Lewis, 5 Penn. 218 at 224. (yr. 1905) In the Monaghan case the Court said at p. 224: , Spruance, J.: " The said provision of the Constitution was self - executing, and proprio vigore annulled the said Act of 1897, which was inconsistent and in direct conflict with the said pro- vision," (viz: Art. 8, Sec. 1), meaning that the Constitution itself re- pealed all special exemi>tion Acts. 22 D. L. S44. AN ACT to amend an Act entitled ''An Act to revise and con- solidate the Statutes relating to the City of Wilmington," being Chapter 207, Volume 17, Laws of Delaware, ex- empting from taxation the lands and tenements of Chari- table Homes and Homes of Refuge for Reformed Women. Exemption SECTION 1. That the lands, tenements and property not from taxa- ' x- x ^ ^^P^ 9^ , , exceedino- in value in anv one instance the sum of twenty-five charitable o ^ ^ institutions thousaud dollars, of all incorporated homes or houses of refuge for reformed ' '■ -rrr-i women. for reformed women, maintained in the said City of Wilming- ton by charity, shall be exempt from all municipal taxation, both as to city and school taxes. Sec. 2. All acts or parts of acts inconsistent herewith are hereby repealed. Approved March 24, A. D. 1903. ACTS OP THE GENERAL ASSEMBLY. 491 AX ACT to amend an Act entitled '^ A)i Act to revise and con- ^^ ^- ^- ^^^• solidate the Statutes relating to the City of Wilmington," 'being Chapter 207, Volume 17, Laws of Delaware, ex- empting from municipal taxation the lands and tenements of all Charitable Day Nurseries for Bahies. Section 1. That all lands and tenements to the value of fenairchar- twenty-five thousand dollars owned by any corporation or as- f^t^on'ex-' soeiation maintained by charity which are used wholly or in t^^tion"^ part as Day Nurseries for Babies, shall be and the same are hereby declared to be exempt from taxes, assessments, burdens or impositions whatsoever for municipal purposes. Sec. 2. All Acts or parts of Acts inconsistent herewith are hereby repealed. Approved I\Iarch 9, A. D. 1905. AN ACT to amend an Act entitled "An Act to revise and con- 23 d. l. 272. solidate the Statutes relating to the City of Wilmington," being Chapter 207, Volume 17, Laws of Delaware, ex- empting from taxation for municipal purposes, the lands and tenements of all non-sectarian Charitable Young Women's Christian Associations. Section 1. That lands and tenements of the value of twen- property of ty-five thousand dollars, owned by any corporation or associa- charitable tion maintained by charity in this State, which are used in exempt from whole or in part for non-sectarian Charitable Young Women's Christian Association, shall be and the same are hereby de- clared to be exempt from all taxes, assessments, burdens or im- positions for municipal purposes. Sec. 2. All Acts or parts of Acts inconsistent herewith are hereby repealed. Approved March 9, A. D. 1905. 492 ACTS OF THE GENERAL ASSEMBLY. AN ACT to Exempt from Taxation the Lands, Tenements and Property of Corporations Organized for the Purpose of Carrying on "Settlement ^¥orh." Exemption SECTION 1. That the lancls, tenements and property of all tion. " corporations of this State, incorporated, organized and carried on for the purpose of ' ' Settlement Work, ' ' and maintained in whole or in part by charity, shall be exempt from any and all county and municipal taxes, during such time and to the ex- tent that such lands, tenements and property shall be actually used («) by such corporations in such "Settlement Work, " pro- vided that said exemption shall not apply to any lands, tene- ments and property owned by such corporations as invest- ments and not actually used by such corporations in such "Settlement Work." Approved April 15, A. D. 1909. (a) The phrase here used is: "actually used." The intent of all exemption acts is, that the exemption shall last only while the lands or buildings are being used for the jjurpose for which exemption was granted, but insolvency does not, in itself, end the exemption. See Sec. 5, " a, " p. 489 this volume. ACTS OF THE GENERAL ASSEMBLY. 493 CHAPTER XV. ACTS IN RELATION TO CITY RAILWAYS. Page Page 1. Act Incorporating the Wil- j 5. Act Incorporating the mington City Railway ' Eighth Street Passenger Company 493 Railway Company 504 2. Act Supplementary to 6. Act Prohibiting Railway Foregoing Act 498 Tracks on Ninth Street 3. Act Incorporating the West of Market 508 Front and Union Street 7. Act Prohibiting Railway Railway Company 498 Tracks on Tenth Street 4. Act Supplementary to ] West of West Street 509 Foregoing Act 504 [ AN ACT to incorporate the Wilmington City Railway Com- 12 d. l. 426. pany. Sec. 7. («) It shall be the business of the said corporation to company au- locate, construct, operate and maintain a city railway (^) for construct „ T f. • 1 , f J.- ■j.-u- and maintain the carnage of passengers and freight tor compensation withm city railway. the City of Wilmington, with the privilege also of extending such railw^ay to any place or places outside of the city, not more than six miles distant from the city limits. The said cor- poration shall have the exclusive (<') right and privilege of lo- commence, eating, constructing, operating and maintaining a city railway within the city limits. ( ^ ) The said railway shall commence near course. the depot at the Philadelphia, Wilmington and Baltimore Rail- road Company, and thence, shall extend to the intersection of Front street and ]\Iarket street (^) by the street or streets most directly leading thereto; thence, through and along ]\Iarket street to its intersection with Tenth street; thence, through Note. — The articles of incorporation of railway companies under the provisions of the General Incorporation Act are not included herein. 494 ACTS OF THE GENERAL ASSEMBLY. and along Tenth street and Delaware avenne to such place or places as the directors may select either within or without the city, not being more than six miles distant from the city limits. The railway, or any part of the same to be constructed under Terminus. ^^^^ sectiou, may be laid with either a single or double track, double °^ or at any time altered from the one to the other as the direc- track. |-Qj.g shall deem expedient, and with all sidings, turnouts, switches and connections necessary for the proper working of said railway, and for locating, constructing, operating and Power to use maintaining the said railway the company shall have power stree°ts°"^^ to usc and occupy so much of any street, avenue, highw^ay or turnpike within said city as may be necessary, and for locat- ing, constructing, operating and maintaining any part of said railway outside of the city limits the company may use and Public roads, ogg^^py gj^y public road of New Castle County, or if deemed other land, expedient by the directors, may use and occupy any land other than a public road, the title to such land being first acquired' Pro\ ISO. ^g hereinafter directed ; provided, that the gauge of said rail- Guage of ^^'^J shall be five feet two inches, and that said railway shall the road. ^^ conformed as near as may be to the grades which now are How con- or hereafter may be established for any street over which the structed. • gaj^g shall be located ; and provided also, that the said com- pany- shall be required to keep the pavements in good repair within the rails of their tracks, and for the distance of three feet on each side thereof, and shall not interfere with the proper and free access to the culverts, water and gas pipes in steam power the Said city ; and provided also, that steam power shall not be used without used to propel the cars of the said company unless with the City Council, couseut of the City Council (/) and that in order to prevent accidents suitable bells shall be attached to the horses drawing the cars. The said railway may cross any track of any rail- road company {9) now incorporated or hereafter to be incor- porated ; provided, that it conform to the grade of the track to be crossed. (a) This section is set out verbatim, and discussed in the case of Wil. C. Ey. Co. vs. Wil. & B. S. Ky. Co., 8 Del. Ch. 468 at 488, 511, 513. (yr. 1900) (&) Nicholson, Ch.: "It would seem that when the broad term ' ' city railway ' ' is used, the term must be taken to mean only what is essential to the definition of the term, and obviously no particular motive power is essential. * * When no kind ACTS OF THE GENERAL ASSEMBLY. 495 of motive power is mentioned, it sliould be taken to indicate that tlie Leg- islature means what it says, "a city railway," however propelled, whether by powers then familiar, or those they knew not of. ' ' Wil. C. Ey. Co. vs. Wil. & B. S. By. Co., 8 Del. Ch. 468 at 514. (yr. 1900) (c) Nicholson, C. J.: "In view of all these considerations, I am led to the conclusion that the complainant does possess, under its charter, the exclusive right and privilege of locating, constructing, operating and maintaining a city railway within the city limits." id. at 515. The Chancellor held, however, that the ' ' power of revocation ' ' re- served in the Constitution of 1831 became a part of the charter of the Wil. C. Ey. Co., and the Legislature could exert the power at any time ({). 494) ; and the granting to another company of the right to use the streets of Wilmington for a street railway, was a revocation, protanto, of said exclusive right. (501-2) And under the general corporation Act, the ' ' exclusive right ' ' above mentioned, is practically a nullity. See Wil. C. Ey. Co. vs. Peoples Ey. Co., to be reported in 9 Del. Ch. (Decided by Nicholson, Ch.) {d) See note "e" below. (e) The Chancellor quotes the language of notes "d" and "c" and says : Nicholson, Ch. : "To my mind, these two clauses, taken together, can be fairly construed into no other meaning than that, on the one hand, a monopoly to build within the city was granted, but on the other, the right to build was limited to the route indicated." (512) (/) The contention was made that the reference to ' ' steam power ' ' and ' ' bells, ' ' excluded an electric railway ; but the Chancellor held other- wise. (515) (g) See the cases of P., W. & B. E. E. Co. vs. Wil. C. Ev. Co., 8 Del. Ch. 134. (yr. 1897) N. C. & D. C. Ey. Co. vs. Del. E. E.'Co., 8 Del. Ch. 419. (yr. 1899) Sec. 8. («) The said corporation shall at any time have full ^g^o^a™ d^ power to locate, alter and extend its tracks through and along on any street ^ ' ^ ^ or roaa in any streets, avenues, highways and turnpikes in the City of ^rfj^j*/ °l^ AVilmington; provided, that the consent of the Council (^) of proviso, the said citv shall first be obtained so to do. And the said cor- • 1 p 11 j^ T J. ij. J Consent of poration shall at any time have lull power to locate, alter and city council extend its tracks from said city to any place or places outside tained. of the city, not more than six miles distant from the oMy lim- May extend its. And with respect to any railway which may hereafter be side of city. located and constructed under the provisions of this section, the said corporation shall have and exercise all the rights and privileges and be subject to all the duties and responsibilities which shall belong to or devolve upon the said corporation with respect to the railway to be originally located, con- 496 ACTS OF THE GENERAL ASSEMBLY. structed, operated and maintained under the provisions of this Act. (a) This section is set out verbatim in the case of Wil. C. Ey. Co. vs. Wil. & B. S. Ey. Co., 8 Del. Ch. 468 at 489. (yr. 1900) (6) Nicholson, Ch.: "Xext in Section 8 -nas granted a privilege to build anywhere within the city, subject, how- ever, to the condition of first obtaining the consent of the Council of the city, and with respect to any railways to be constructed under Section 8, the same rights and privileges were conferred as existed with respect to the first described railway," &c., viz in Sec. 7 id. (512) Lands, how Sec. 9. Whenever it shall be deemed by the directors, condemned. HGcessary to enter upon and occupy any lands, tenements or hereditaments for the use of said corporation, if the owner or owners of such lands, tenements or hereditaments be not known, or be under the age of twenty-one years, or if the di- rectors and such owner or owmers cannot agree upon the com- pensation to be made therefor, the Superior Court for New Castle County, in term time, or any judge of the same, in va- cation, shall, upon application by the company, appoint five commissioners, ( who shall be freeholders, ) who shall go upon the premises, («) first giving notice of the time and place of their meeting to the president of the company, and to the owner or owners of the premises, if residing within the county, other- wise such notice shall be given to the tenant in possession of the premises. The commissioners being sworn or affirmed to Commission- . . . . ers to assess perform their duties with fidelitv, shall assess fairly and im- damages. ' . partially the damages of such owner or owners to be sustained by the premises being taken for the use of the company, taking into consideration all the advantages to be derived to the owner or owners by reason of said railway, and shall certify their proceedings, with their assessment, under their hands and seals, or the hands and seals of a majority of them to the company; whereupon the said company, upon recording the same in the oi^ce for recording deeds in and for New Castle County, and paying to the owner or owners of the premises the damages a.ssessed as aforesaid, or depositing the same to the credit of such owner or owners in the Farmers' Bank of the State of Delaware, at Wilmington, shall become entitled to hold, use, occupy and enjoy the said premises, exclusively, Proviso. ^Q -^^ -^g successors and assigns forever. Provided, that either ACTS OF THE GENERAL ASSEMBLY. 497 party being dissatisfied with the damages so assessed, may, on application to the Prothonotary of New Castle County, within ninety days after such assessment shall have been recorded as aforesaid, sue out a writ of ad quod damnum requiring the damnum. Sheriff of said county, in the usual form, to inquire, by twelve impartial men of his bailiwick, under oath or ai^rmation, of the damages aforesaid. The assessment of the jury duly made and returned by the Sheriff shall be final. If increased dam- ages are found by the jury, the increased amount shall be paid or deposited hj the company as before provided; and if the damages be reduced, the owner shall refund the amount dimin- ished. The costs of the inquisition shall be paid by the unsuc- cessful party. The fee of a commissioner shall be one dollar per day, to be paid by the company, and of a juror, one dollar tion of com- and fifty cents. The works of said company shall not be de- "^i^^'°"®^^- layed by such application for a w^rit of ad quod damni^m, but upon payment or deposit as hereinbefore provided, of the dam- ages awarded by commissioners, the title of the company to Title, enter upon, use, occupy and enjoy the premises inquired of, and to hold the same to it, its successors and assigns, shall be- come vested and perfect. (a) For tlie construction of a similar clause relative to the condemn- ing of land for street railway purposes, see Sec. 8, "a," pp. 501-2 of this volume. See Cooper vs. D. G. E. Ey. Co., 8 Del. Ch. 462. (yr. 1900) Sec. 10. If any person or persons shall willfully damage or obstruct the said railway or any part thereof, or hinder or delay the building of the same, or hinder or delay the passage of cars over the same, or damage any of the works or property penalty for of said company, such person or persons shall be liable to the obstructhig'' company in a civil action for double the damages sustained, '■'^^^^^^• and shall moreover be guilty of a misdemeanor, and on indict- ment and conviction thereof shall be fined not exceeding three hundred dollars, at the discretion of the court. Sec. 11. This charter shall be perpetual, subject, never- charter theless, to be revoked by the Legislature, at any time, for the perpetual. 498 ACTS OF THE GENERAL ASSEMBLY. revocation i^^isiise 01' abiise, by the company, of the privileges herein for misuse granted, or abuse. ° Passed at Dover, February 4, 1864. 19 D. L. 374. A FURTHER SUPPLEMENT to an Act entitled ''An Act to Incorporate the Wilmington City Railway Company," passed at Dover, Fehruary 4, 1864. Proviso. Consent of authorities. Paving. Restriction as to fares. Sec. 3. Provided, that the Wilmington City Railway Company shall not enter upon any streets or roads to lay tracks or erect wires or poles without the consent of the duly authorized authorities of the city (<^) or county, as the case may be, and that the said company shall be required to pave within the rails of their tracks and for the distance of three feet on either side thereof, and keep the same in good repair ; and shall not interfere with the proper and free access to the culverts, water, gas, and other pipes for the public use in the said city ; and the said company shall not at any time be allowed to charge a greater amount than five cents (^) for any one fare or ticket or ride in their cars throughout the said city. Passed at Dover, March 26, 1891. (a) The Street and Sewer Department. (6) See P., W. & B. K. E. Co. vs. Bowers, 4 Houst. 506 at 534. (yr. 1873) Wil. C. Ey. €o. vs. Wil. & B. S. Ey. Co., 8 Del. Ch. 468 at 500. (yr. 1900) 15 D. L. 505. AN ACT to incorporate the Front and Union Street Railway Company. 19 D. L. 375. [Sec. 7. It shall be the business of said corporation to to^bmid an^ locatc, coustruct, Operate, and maintain a city railway for the carriage of passengers and freight for compensation within the City of Wilmington, with the privilege also of extending such railway to any place or places outside of said city, to the dis- maintain city railway ACTS OF THE GENERAL ASSEMBLY. 499 tance of not more than six miles beyond the city limits, and the carriages or cars of said railway ma}'^ be moved or pro- pelled by horses, by electricity, by cable motor, or by any im- proved motive power, except steam, which said company may ^ower. in its discretion at any time adopt, the right being hereby given said company to erect, construct, operate, and maintain such devices, contrivances, machinery and appliances as are necessary to render the said motive power effective in moving or propelling the carriages, cars, or other rolling stock of said company. The said railway shall commence at or near the intersec- m*e™ro^f^cUy tion of IMarket and Front streets, and shall extend in a west- JocLTk)n'. ^"*^ erly course along Front street, and connecting streets, to such place or places as the directors of said company shall select, •either within or without the city limits; provided said place so selected be not more than six miles distant beyond the city course of limits. From the westerly course of said railway above desig- '^^'^'^^y- nated, said railway shall extend northerly along Union, Du- Pont and Broome streets, or either of them, and connecting streets, to a point not more than six miles beyond the northerly limits of the city; and provided further, that for the purposes aforesaid no streets shall be occupied by said Front and Union Street Railway Company where occupied by the Wilmington City Railwaj^ Company-, or where proposed extensions of the lines of said last named company have been already consented to by the Street and Sewer Directors of Wilmington. The said raihvay, commencing at or near the intersection of Market and Front streets, aforesaid, shall extend easterly from said point along Front street, past the Philadelphia, Wilmington and Baltimore Railroad Depot, to Walnut street ; thence by Wal- nut street to Fifth street ; thence by Fifth street to Church street, and thence thereby to Eleventh street, and thence by Eleventh street, or by other streets connecting therewith, to a point or points not more than six miles beyond the easterly or northerly boundary lines of the city. («) (a) This section is set out in the case of Petit. Front & Union St. Ey., 1 Penn. 370-371. (yr. 1898) The said the Front and Union Street Railway Company Privileges shall have the privilege, if it so desires, of running over the °^ company. 5'00 ACTS OF THE GENERAL ASSEMBLY. Proviso. Contracts respecting use of power, etc. Proviso. tracks of the Wilmington City Railway Company from Market street to the side of Walnut street upon receiving the permis- sion of the said Wilmington City Railway Company and pay- ing the said last mentioned company an equitable compensa- tion for such use of said tracks; provided, however, that no rights shall be acquired or claimed to use or occupy the tracks of said Wilmington City Railway Company or streets through, over or along which its railway shall be operated, except by -contract and agreement of the two companies, but the said Front and Union Street Railway Company and said Wilming- ton City Railway Company may enter into such contracts and agreements respecting the use, occupation, maintenance and operation and furnishing power, equipment and appliances of their respective lines and properties, and the transfer of pas- sengers, as shall be mutually satisfactory and agreed upon; and provided further, that in case no agreement can be reached between said companies allowing the Front and Union Street Railway Company to use the tracks of said Wilmington City Railway Company along Front street from Market street to Walnut street, then said Front and Union Street Railway Company may extend its tracks northerly from Front street by either Orange street or Shipley street to either Second street or Third street, and thence along either of said last named streets to Walnut street, and thence northerly as afore- said. Track of The railway or any part of the same to be constructed under this section may be laid with a single or double track, and the same may at any time be altered from the one to the other as the directors shall deem expedient, and it may be laid, located, constructed, operated and maintained with all sidings, Equipments, turnouts, switclies, polcs, wircs, cables, chains, devices, con- trivances, machinery and appliances necessary in the judg- ment of said directors for the proper working of said railway, and for the purposes of locating, constructing, operating and maintaining the said railway with all its sidings, turnouts, switches, poles, wires, cables, chains, devices, contrivances, ma- chinery and appliances as aforesaid the said company shall have power to use and occupy so much of any street, avenue, highway or turnpike within said city as may be necessary, and ACTS OF THE GENERAL ASSEMBLY. , 501 if an}' part of said railwaj' extends beyond the city limits the company may, for the purposes aforesaid, use and occupy any public road of New Castle County, or if deemed expedient by the directors, may for the purposes aforesaid use and occupy any land other than a public road, the title to said land being- first acquired as hereinafter directed ;provided, that said rail- way shall be conformed as near as may be to the grades which Gra*ies. now are or hereafter may be established for any street over which the same shall be located and shall not interfere with the " proper and free access to the culverts, water and gas pipes in said city. The said railway may cross any track of any rail- crossing road company now incorporated or which hereafter may be in- rLnway com- corporated, whether the same is a steam railway, horse raihvay i^^"^®^- or a railway of any other description ; provided, that if it crosses said track at grade it conform to the grade of the track to be crossed, but nothing herein contained shall prevent said company from erecting, constructing, operating and maintain- ing either overgra;de or undergrade crossings where in the dis- cretion of its directors it may be deemed advisable.] Sec. 8. ..[Whenever it shall be deemed by the directors ^g j^ ^ 375 necessary to enter upon and occupy any lands, tenements or hereditaments (for the use of said corporation) if the owner or owners of such lands, tenements or hereditaments be not known, or be under the age of twenty-one years, or if the di- rectors and such owner or owners cannot agree upon the com- commission- ers to vievi lands and assess damages. tion, shall, upon application by the company, appoint, subject to the limitations hereinafter contained, five commissioners (who shall be freeholders) who shall go upon the premises, («) first giving notice of the time and place of their meeting to the president of the company [and] to the owner or owners of the premises if residing within the county, otherwise such notice shall be given to the tenant in possession of the premises. The commissioners being sworn or affirmed to perform their duties with fidelity shall assess fairly and impartiall}^ the damages of ^^^^ °^ -such owner or owners to be sustained by the premises being taken for the use of the company, taking into consideration all pensation to be made therefor, the Superior Court for New fanfj^^a'**^^ Castle County in term time, or any judge of the same, in vaca- f^^^ess commission- ers. 502 ACTS OF THE GENERAL ASSEMBLY. Certificate of proceedings. Payment of damages. Proviso. Writ of ad quod dam- num. Assessment final. Fee of com- missioners and jurors. Xo delay by writ of ad quod dam- num. the advantages ( ^ ) to be derived to the owner or owners by rea- son of said railway, and shall certify their proceedings, with their assessment, under their hands and seals, or the hands and seals of a majority of them, to the company ; whereupon the said company, upon recording the same in the office for recording deeds in and for New Castle County, and paying to the owner or owners of the premises the damages assessed, as aforesaid, or depositing the same to the credit of such owner or owners in the Farmers' Bank of the State of Delaware, at Wilming- ton, shall become entitled to hold, use, occupy and enjoy the said premises, exclusively to it, its successors and assigns for- ever; provided, that either party, being dissatisfied with the damages so assessed, may, on application to the Prothonotary of New Castle County, within ninety days after such assess- ment shall have been recorded as aforesaid, sue out a writ of ad quod damnum, requiring the Sheriff of said county, in the usual form, to inquire by twelve impartial men of his baili- wick, under oath or affirmation, of the damages aforesaid. The assessment of the jury duly made and returned by the Sheriff shall be final. If increased damages are found by the jury the increased amount shall be paid or deposited by tiie company as before provided, and if the damages be reduced the owner shall refund the amount diminished. The cost of the inquisi- tion shall be paid by the unsuccessful part}'. The fee of a commissioner shall be one dollar per day, to be paid .by the company, and of a juror, one dollar and fifty cents. The works of said company shall not be delayed by such application for a writ of ad quod damnum, but upon payment or deposit, as hereinbefore provided, of the damages awarded by conunis- sioners, the title of the said company to enter upon, use, oc- cupy and enjoy the premises inquired of and to hold the same, to it, its successors and assigns, shall become vested and per- fect. (a) If the petition presented to the Superior Court complies with the requisites of the statute, it is granted as a matter of course, but this does not affect the rights of parties interested, and they, at a later time, may protect their rights by appropriate proceedings. Lore, C. J.: " The company goes upon the land at its peril ; if wrongfully, the question of right may be raised by an action of trespass in the law courts, or by an injunction in Chancery. ACTS OP THE GENERAL ASSEMBLY. 503 Then, uiion competent and proper proof, the right Avill be authoritatively ascertained." Petition Front & Union St. Ry. Co., 1 Penn. 370 at 375. (yr. 1898) If the consent of the Street and Sewer Department has not been ob- tained, this is no valid objection at the time the application is made for the appointment of freeholders. Grubb, J.: "The only other objection, then, is, that they have not shown that they have complied with some alleged pre- requisites, that is, that they have not obtained the permission of the Street and Sewer Department of this city, as one step. I do not think that it is necessary to obtain that at this stage of the proceedings." id. 377. See"the case of Cooper vs. D. G. E. Ry. Co., 8 Del. Ch. 462. (yr. 1900) (b) As to the question of "damages" and "advantages," and the method of ascertaining the same, see Sees. 116 and 117 of the Charter. Should a commissioner appointed under this section die or Death or in- become incapable of acting before the commission is executed, commission- any judge of the Superior Court may till the vacancy ; pro- vacancies, vided, that the provisions of this section shall not be used or Proviso. operative to acquire or use the tracks of said Wilmington City Railway Company, or rights, powers or privileges in the streets where its lines are operated, extended, or where extensions have been heretofore consented to by the Street and Sewer Di- rectors of Wilmington ; and provided further, that the Front and Union Street Railway Company shall not enter upon any streets or roads to lay tracks, or erect wires or poles, without the consent of the duly authorized authorities of the city or county, as the case may be, and that the said company shall be required to pave within the rails of their tracks, and for the distance of three feet on either side thereof, and keep the same in good repair, and shall not interfere with the proper and free access to the culverts, water, gas, and other pipes for the public use in the said city. And the said company shall not at any time be allowed to charge a greater amount than five cents for any one fare or ticket or ride in their cars through the said city.] If any person or persons shall willfully damage or ob- Wiiifui in- * . '- . Jury to rail- struct the said railway or any part thereof, or hin,der or delay way. the building of the same, or hinder or delay the passage of cars over the same, or damage any of the works or property of the said company, such persons shall be liable to the company in a civil suit or action for double the amount of the damages foi' dam- ages. sustained, and shall, moreover, be guilty of a misdemeanor, Misde- 504 Fine. 16 D. L. 583. ACTS OF THE GENERAL ASSEMBLY. and, on indictment and conviction thereof, shall be fined, not exceeding three hundred dollars, at the discretion of the court. Passed at Dover, February 20, 1877. " A SUPPLEMENT to the Act entitled "An Act to incorporate the Front and Union Street Railway Company," passed at Dover, February 20, 1877. Gauge. Company to pave. Proviso. 18 D. L. 874. Sec. 3. The gauge of said railway shall be five feet two inches ; it shall be laid with what is known as ' ' flat rail, ' ' and the said company shall be required to pave within the rails of their track, and for the distance of three feet on each side there- of, and to keep the said pavements in good repair. Provided, however, that the City Council (^) of Wilmington may, in their discretion, permit the said company, for a term not exceeding five years, to leave unpaved such portions of said railway in the rural or unimproved parts of said city as may be specially designated and exempted by ordinance of said City Council. Passed at Dover, March 29, 1881. (a) Now the Street and Sewer Department, since 1887. AN ACT to incorporate the "Eighth Street Passenger Kail- way Company.". Object of corporation. Sec. 3. That the object and purpose of this Act is to- au- thorize and empower the company hereby created, and said company is hereby authorized and empowered to erect, con- struct, operate and maintain a street raihvay within the City of Wilmington for the carriage and conveyance of passengers for compensation ; the carriages or cars of said railway to be moved or propelled by horses, by electricity, by cable motor or by any improved motor power other than steam, which said company may in its discretion at any time adopt; the right being hereby given said company to erect, construct, operate and maintain such devices, contrivances and appliances as are ■necessary to render the said motive power effective in moving ACTS OF THE GENERAL ASSEMBLY. 505 or propelling the carriages, ears or other rolling stock of said railway'. Sec. 4. That the said railway shall be located and con- Route of structed along all or such part or parts of the following route its location, as said company shall determine, to v/it : Beginning at a point on Fourth street at or near the Christiana river ; thence along Fourth street and from Fourth street to Eighth street, through, over and along an}^ of the intervening streets ; thence through, over and along Eighth street to the western limit of the City of Wilmington, with the right and privilege of locat- ing, constructing, operating and continuing or extending said railway from any point or points on Eighth street to Seventh street, thence through, over and along Seventh street aild through, over and along Greenhill avenue, AVoodlawn avenue. Union street, DuPont street or any other street or avenue lead- ing from Seventh street ; provided, said company shall not lo- pj,Q^igo cate or construct any part of its railway along that part of any street or avenue theretofore occupied by the tracks of either "The Wilmington City Railway Company" or "The Front and Union Railway Company," it being understood that this proviso shall not prevent or hinder the company hereby cre- ated from occupying such part of any street or avenue as is not occupied by the tracks of the two other above mentioned companies or either of them; or from crossing any street or avenue theretofore occupied by the tracks of the tAVO other above mentioned companies or either of them. The said railway may be laid with either a single or double track, or at any time altered from one to the other, as the directors shall deem expedient, together with all sidings, turnouts, switches, turntables, poles, wires, cables, chains, con- trivances, appliances and connections necessary for the proper working of said railway, and for the purpose of constructing, operating and maintaining the said railway the said company shall have the power to use and occupy so much of any street ^^g^^^g^^g or avenue within said city, designated as aforesaid, as may be occupied, necessary; provided, said railway shall conform to the grades which now are or hereafter may be established for any street or avenue through, over or along Avhich the said railway may 506 ACTS OF THE GENERAL ASSEMBLY. Company to pave within the rails. May cross any other railway track. be located and constructed; and provided also, that said com- pany shall be required to pave within the rails of their tracks and for the distance of three feet on either side thereof; and keep the same in good repair and shall not interfere with the proper and free access- to the culverts, water, gas and other pipes for public use in the said city. The said railway may cross any track of any railroad company («) now incorporated or hereafter to be incorporated^ whether the same is a steam railway, horse railway or a railway of any other description ; provided, that if it crosses said track at grade, it conform to the grade of the track to be crossed ; but nothing herein contained shall prevent said company from erecting, constructing, oper- ating and maintaining either over-grade or under-grade cross- ings where, in the discretion of its directors, it may be deemed advisable. Land may be con- demned for purposes of corporation. Judge to appoint commis- sioners. Commission- ers to be sworn. Report and award of commission- ers to be recorded. (a) See the cases of P., W. & B. E. E. Co. vs. Wil. C. Ey. Co., 8 Del. Ch. 134. (yr. 1897) N. C. & D. C. Ey. Co. vs. Del. E. E. Co., 8 Del. Ch. 419. (yr. 1899) Sec. 12. Whenever it shall be deemed by the directors necessary to enter upon and occupy any lands, tenements, or hereditaments for the use of said corporation, if the owner or owners of such land, tenements or hereditaments be not known, or be under the age of twenty-one years, or if the directors and such owner or owners cannot agree upon the compensation to be made therefor, the Superior Court for New Castle County in term time, or any judge of the same in vacation, shall upon application by the company, appoint five commissioners (who shall be freeholders) to go upon the premises, («) first giving no- tice of the time and place of their meeting to the president of the company and to the owner or owners of the premises, if re- siding within the county, otherwise such notice shall be given to the tenant in possession or agent in charge of the premises. The commissioners being sworn or affirmed to perform their duties with fidelity, shall assess fairly and impartially the damages of such owner or owners to be sustained by the prem- ises being taken for the use of the company, taking into con- sideration all the advantages to be derived to the owner or owners by reason of said railway, and shall certify their pro- ACTS OF THE GENERAL ASSEMBLY. 507 ceedings with their assessment under their^ hands and seals of a majority of them to the company ; whereupon the said com- pany, upon recording the same in the office for recording deeds in and for New Castle County, and paying to the owner or owners of the premises the damages assessed as aforesaid, or depositing the same to the credit of such owner or owners in the Farmers' Bank of the State of Delaware, at Wilmington, shall become entitled to hold, use, occupy and enjoy the said premises, exclusively to it, its successors and assigns forever; provided, that either party being dissatisfied with the dam- ages so assessed, may on application to the Prothonotary of New Castle County, within sixty days after such assessment shall have been recorded as aforesaid sue out a writ of ad quod cfuod dam^- daynnum requiring the Sheriff of said county in the usual jggjfe'. "^^^ form to inquire, by twelve impartial men of his bailiwick, un- der oath or affirmation, of the damages aforesaid. The assess- ment of the jury duly made and returned by the Sheriff shall be final. (a) See the case of Petition Front & Union St. Ey. Co., 1 Penn. 370 at 375. (yr. 1898) See Sec. 8, "a," pp. 501-2 this volume. If increased damages are found by the jury the increased in case of ^ J J J appeal who amount shall be paid or deposited by the company as before to pay costs, provided, and if the damages be reduced the owner shall re- fund the amount diminished. The costs of the inquisition shall be paid by the unsuccessful partv. The fee of a commissioner _ ■^ ■' 1 . Pee of com- shall be one dollar per day to be paid by the company, and of missioner. a juror one dollar and fifty cents. The work of said company shall not be delayed by such application for a writ of ad quod damnum but upon payment or deposit as hereinbefore pro- vided of the damages awarded by the commissioners the title to the company to enter upon, use, occupy and enjoy the premises inquired of and to hold the same to it, its succesosrs and as- signs, shall become vested and perfect. Should a commissioner appointed under this section die or become incapable of act- j^^ge of ing before the commission is executed any judge of the Su- court'°o mi perior Court may fill the vacancy. commissfoif 1. So enrolled. 508 ACTS OF THE GENERAL ASSEMBLY. damagrng'^ Sec. 13. If any person or persons shall wilfully damage railway. or obstruct the said railway or anj part thereof, or hinder or delay the building of the same, or hinder or delay the passage of ears over the same, or damage any of the works or property of said company, such person or persons shall be liable to the company in a civil action for double the damages sustained, and shall moreover be guilty of a misdemeanor and on indict- ment and conviction thereof shall be fined not exceeding three hundred dollars at the discretion of the court. Public act. Sec, 14. That this Act shall be deemed and taken to be a public Act and shall be published with the other public Acts passed at this session of the Legislature, and the power to amend, alter or revoke the same is hereby reserved to the Leg- islature. street rail- way to be subject to Street and Sewer De- partment. Sec. 15. That in the erection, construction, operation and maintenance of said street railway the said company shall be subject to the ordinances, rules and regulations of the Street and Sewer Department of said City of "Wilmington so far as the same relate to the streets of said city. Passed at Dover, April 1, 1889. 22 D. L. 842. AN ACT in relation to Ninth Street West of Market Street in the City of Wilmington, prohibiting Street Cars thereon. Ninth street west of Mar- ket street in the City of Wilmington to be free from rail- road or rail- way tracks, except at intersec- tions thereof by other streets. Section 1. That no passenger, freight, street railway or other track shall be laid on or along Ninth street, west of Mar- ket, in the City of Wilmington, but the roadway of said street shall remain and be kept so as to afford a free and unob- structed passage or thoroughfare for carriages, wagons and other vehicles, used either for leisure or pleasure, provided, however, that nothing in this Act contained shall prevent or be construed to prevent the crossing of any and all parts of saia Ninth street west of Market street, by railway tracks laid across the same where said Ninth street intersects any other street of said city, and provided further, that nothing in this Act shall prevent or be construed to prevent the operation of ACTS OF THE GENERAL ASSEMBLY. 509 cars of all kinds across said Ninth street at its said intersection with other streets in said city west of Market street. Sec. 2. All acts or parts of acts inconsistent herewith are herebj^ repealed. Approved February 17, A. D. 1903. AN ACT in Relation to Tenth Street West of West Street in 25 d. l. 317. the City of Wilmingtoii, Prohibiting Street Cars Thereon. Section 1. That no passenger, freight, street railway orghaiinotbe other track shall be laid on or along Tenth street, west of obstructed. West, in the City of AVilmington, but the roadway of said street shall remain and be kept so as to afford a free and unob- structed passage or thoroughfare for carriages, wagons and other vehicles, used either for leisure or pleasure, provided, proviso. however, that nothing in this Act contained shall prevent or be construed to prevent the crossing of any and all parts of said Tenth street west of West street, by railway tracks laid across the same where said Tenth street intersects any other street of said city, and provided further, that nothing in this Act shall prevent or be construed to prevent the operation of cars of all kinds across said Tenth street at its said intersection ^vith other streets in said city west of West street. Sec. 2. All Acts or parts of Acts inconsistent hercAvith are hereby repealed. Approved March 31, A. D. 1909. 510 ACTS OF THE GENERAL ASSEMBLY. CHAPTER XVI. ACTS IN RELATION TO BRIDGES. Page Page 1. Act Authorizing the Baltl- 2. Act Authorizing the Phiia- more and Philadelphia delphia, Wilmington and Railroad Company to Con- Baltimore Railroad Com- struct an Overhead Bridge 510 pany to Construct an Overhead Bridge 511 AN ACT to provide safe travel over certain highways in the ^j j^ ^ 421. City of Wilmington. Section 1. That the Baltimore and Philadelphia Rail- _ . Railroad road Company be and it is hereby ordered and directed to con- company to ■^ •' construct a struct, make and maintain a suitable overhead street bridge certain . . bridge. for public travel over the track and roadbed of said railroad company, where such track and roadbed intersects Lancaster avenue in the City of Wilmington. Such bridge shall be con- structed within such times as the Board of Directors of the Street and Sewer Department of the City of Wilmington shall determine, and shall be of such height above such track and Dimensions ' " of bridge. roadbed, and of such width, and of such general construction as the said Board of Directors of the Street and Sewer De- partment may determine. The construction of said bridge shall include the making of all necessary and proper ap- proaches to said bridge. The said railroad company shall be solely responsible for all damages resulting to contiguous prop- ^o™^i||^- erfy by reason of the making of said bridge, and the making of ^?^^^ the approaches thereto. Should the said railroad company neglect or refuse to construct such bridge, or the approaches r^'^"^co°\o thereto, in conformity with and within the time specified by erect bridge, the said Board of Directors of the Street and Sewer Depart- ment of the City of Wilmington, the said Board of Directors are hereby authorized and empowered to erect and construct such bridge and all necessary approaches thereto at the ex- ACTS OP THE GENERAL ASSEMBLY. 511 pense of the city, and "The INIayor and Council' of Wilming- ton" may then collect the cost of such erection and construc- tion in an action on the case against such delinquent railroad company. Sec. 2. The Board of Directors of the Street and Sewer supervision of bridge. Department of the City of Wilmington shall have supervision over the bridge by this Act authorized to be constructed, and may, from time to time, order the widening or repairing of said bridge by said railroad company in such manner and within such times as in f heir judgment public convenience may require; and in case the said railroad company shall neglect failure of ^ ' ... company to or refuse to obey any such order or direction in respect to the observe di- •^ •' '■ rection of widening or repairing said bridge, said Board of Directors of Board, the Street and Sewer Department for said city may cause the required widening or repairing to be executed at the expense of the City of Wilmington, and "The Mayor and Council of Wilmington" may then collect the amount of such expense in an action on the case brought in its corporate name against such delinquent railroad company. Passed at Dover, May 1, 1891. AN ACT autJwrizing the building of an overhead bridge f/j i9 d. l. 1020. the City of Wilmington. Section 1. That the Philadelphia, Wilmington and Bal- timore Railroad Company, when in the opinion of its Board of Directors the exigencies of public travel demand the same, be and it is hereby authorized and empowered to construct, make and maintain in the City of Wilmington a suitable overhead street bridge and necessary approaches thereto for public travel from a point in Fourth street, between Spruce and Pine Location of ^ ' '■ _ bridge. streets, .in a southerly direction to a public bridge over the Christiana river («) called the Third street bridge, and also in connection with said overhead bridge to construct and maintain Manner of '^ construction. an overhead foot bridge on the line of Church street for pedes- trians. Such bridge or bridges shall be constructed of such height and width and of such general construction as may be determined upon by the said railroad company with the ap- 512 ACTS OP THE GENERAL ASSEMBLY. proval of the Board of Directors of the Street and Sewer De- partment of the City of Wilmington. (a) These overhead bridges affect the streets of the city. As to the power of the Legislature to build bridges over and across inland creeks and rivers, see the case of Bailey vs. Eailroad Co., 4 Har. 389 at 396. (yr. 1846) See Sec. 6, " c," p. 189 of this volume. ^f^property. ^EC. 2. That the said company shall have power and au- thority to take, hold and acquire any lands, property or rights necessary for the erection and construction of said bridge or bridges, and in case the same cannot be acquired amicably then that the said company shall have power to take, acquire and enter upon such land, property and rights as may be necessary for the purpose aforesaid in the same manner and by the same proceedings as are now provided by law for the acquisition of land, property or rights for the purpose of locating and con- structing said railroad in this State. Vacation of streets. Damages. Sec. 3. That in case it shall be necessary, proper or ex- pedient to use, occupy or vacate, in whole or part, any street, avenue, square, lane, road my alley for the purpose aforesaid, The Mayor and Council of Wilmington, by the agency of the Board of Directors of the Street and Sewer Department of said city, shall have power by resolution to authorize such use, occupation or vacation, which resolution shall be published daily for one month in two daily newspapers published in said city ; and any person sustaining injury by reason of such use, occupation or vacation may apply in writing to the Court of General Sessions of the Peace and Jaily Delivery in and for New Castle County, to appoint three disinterested and impar- tial freeholders to value the said damages who shall make re- turn of their award to the said court at the next succeeding term, and the damages so assessed shall be paid by said com- pany before any street, avenue, lane, road or alley shall be used, occupied, closed up or obstructed for the purpose afore- said; provided, that all such applications shall be made and filed with the Clerk of said Court within three months after the publication above mentioned. Passed at Dover, May 4, 1893. ACTS OF THE GENERAL ASSEMBLY. 513 CHAPTER XVII. ACTS IN RELATION TO SALES OF REAL ESTATE. Page j Page Act Authorizing the Sale 4. Act Authorizing the Sale of a Certain Lot of Land \ of a Certain Lot of Land at Twelfth and Orange | at Eighth and Scott Streets 516 Streets 513 ' 5. Act Authorizing the Sale of a Part of the Bed of Rockford Road 517 2. Act to Make Valid the Sales of Above Land 514 3. Act Authorizing the Sale of Portion of Old Academy Lot in the Ninth Ward 515 AN ACT to authorize the Council of Wilmington, to sell and i7 d. l. 402. convey certain real estate in the said city. Section 1. That The Mayor and Council of Wilmington shall have power and authority and are hereby authorized, un- der an ordinance of Council to be passed with the concurrence of two-thirds of all the members thereof, for the time being, to sell and convey in fee all that portion of the real estate belong- ing to the city lying and being between Twelfth and Thir- Location of teenth, and Orange and Tatnall streets ni said city.(«) Such sale may be either for cash or upon a credit to be secured by the Terms on ^ 1 T 1 which it may bond and mortgage of the purchaser, or purchasers, and such be sold. real estate may be sold either in the entirety or by parcels, as Council may in such ordinance direct.^ (a). This was known as the "sand lot." It was referred to in the case below cited, as follows: Smilsbury, Cli.: "It was said in the course of the argument of the present case, that the corporation of Wilmington owned a lot within the limits of the city called the ' ' sand lot. ' ' Coyle vs. Mclntire, 7 Houst. 44 at 96. (yr. 1884) See Sec. 2, "a" (below) of this Act. 1. A part of this land still remains unsold. 514 ACTS OP THE GENERAL ASSEMBLY. How pro- ceeds of sale shall be ap- Title. Surplus, if any, how to be applied. Sec. 2. The proceeds of the sale of said real estate shall be used to purchase other sand lots for the use of the said City of Wilmington, («) and the City Council is hereby authorized to make such purchase, and to take the title to the same in fee simple. Any surplus which may remain unexpended, after such purchase or purchases, shall be paid to the Commissioners of the Sinking Fund of the City of Wilmington, to be by them expended in the purchase or redemption of the bonds of said city, or such surplus may be expended in making a payment on account of any debt of said city, which will reduce the amount of any loan authorized by law, and such authorized loan shall be reduced accordingly. Passed at Dover, April 18, 1883. (a) In the case below cited, the Court, after saying that the property held by the city is "public property," explains that the same property held by the city, while "public," in the general sense of the word, is really private property as against the county or even the State. In mak- ing clear the distinction the Court referred to the ' ' sand lot ' ' above men- tioned. The Legislature might authorize it to be sold, but it could not authorize the money arising from the sale, for instance, to be given to the Town of New Castle. The money arising from the sale belongs to the city. (97) Saulsbury, Ch. : ' ' But suppose the sand lot owned by the City of Wilmington should become worthless to the city or not adapted to any municipal use and valuable only for sale to private persons for building puri:)oses. Could it be doubted that the Legislature might direct it to be sold and the proceeds be devoted to some municipal or public purpose within the Citv of Wilmington. ' ' Coyle vs. Mclntire, 7 Hous't. 44 at 97. (yr. 1884) 18 D. L. 347. Preamble. AN ACT confirming the sale of certain real estate in the City of Wilmington. Whereas, By a resolution of Council passed July 8, 1886, it was directed ' ' That the Committee on Public Buildings be instructed to dispose of at public sale that portion of the city sand lot lying and being north of Thirteenth street ; ' ' and, Whereas, Pursuant to said resolution the said Committee on Public Buildings did cause the said portion of the city sand lot to be exposed to public sale on Saturday the eighteenth (18) day of September, 1886, and sold the same to various bidders; and. ACTS OF THE GENERAL ASSEMBLY. 515 Whereas, Doubts have arisen as to the legality of said sale and it being deemed necessary to have an Act of the General Assembly confirming the same. Section 1. That the said sale of the real estate aforesaid shall be deemed and taken to be as valid to all intents and pur- poses as if the General Assembly had prior to such sale passed an Act specifically authorizing the same, and ' ' The Mayor and Mayor and Council of "Wilmington ' ' is hereby authorized and empowered thorized to ■ 1 • X ^ j_i - 1 J. IT cause deeds upon the receipt or the purchase moneys to cause proper deeds to be made, of conveyance to be made to the various purchasers of said real estate conveying the same in fee simple ; provided, neverthe- proviso. less, that if any purchaser as aforesaid shall neglect or refuse to pay all or any part of said purchase money within sixty (60) days after the passage of this Act, then in such event the said sale as to such purchasers shall become void and any pur- chase money already paid by such purchaser to the municipal corporation, or its agent, shall become forfeited, and all that portion of the said real estate shall be again exposed to public sale. Passed at Dover, April 11, 1887. AN ACT for the sale of certain real estate in the City of Wil- is d. l. 351. mington. Section 1. That The Mayor and Council of Wilmington are hereby authorized and empowered to expose to public sale Description and to execute and deliver good and sufficient deed or deeds to the purchaser or purchasers thereof all that portion of the old academy lot, situated in the Ninth ward of sajd city, which is bounded and described as follows, to wit: Beginning at a point in Vandever avenue at the westerly gable of the old academy school house building ; thence along the said gable wall and at right angles wdth Vandever avenue aforesaid in a northerly direction seventy-three feet and four inches, more or less, to a corner ; thence westerly and at right angles to the first mentioned line and parallel to Vandever avenue ten feet, more or less, to another corner ; thence in a southerly direction 516 ACTS OF THE GENERAL ASSEMBLY. parallel to the first mentioned line seventy-three feet and four inches to a point in Vandever avenue aforesaid; thence along Vandever avenue easterly ten feet, more or less, to the place of beginning. Proceeds. Sec. 2. The proceeds arising from the sale of said lot shall be expended for the purpose of public education in the Ninth ward of said city. («) Passed at Dover, April 18, 1887. (a) The money arising from the sale is used in Wilmington. See Sec. 2, "a," p. 514 this volume. Power to sell certain real estate. Proviso. AN ACT to authorize the sale of certain real estate in the City of Wihnington. Section 1. That The ]\Iayor and Council of Wilmington shall have power and authority and are hereby authorized, un- der an ordinance of Council to be passed with the concurrence of two-thirds of all the members thereof, for all the time be- ing, to sell and convey, in fee simple, all that portion of the real estate belonging to the city lying and being between Du- Pont street, Scott street. Eighth street and Ninth street in said city; provided, nevertheless, that all that portion of said real estate now occupied for public school purposes, being 151 feet square, at the southeast corner of Ninth and Scott streets, as well as Howland street, at 50 feet 6 inches wide, running parallel to and 210 feet south of Ninth street, be and the same are hereby excepted and excluded from the operations and provisions of this Act. Such sale may be either for cash or upon a credit to be secured by the bond and mortgage of the purchaser or pjiirchasers, and such real estate may be sold either in the entirety or by parcels, as Council maj' in such or- dinances direct. Proceeds of Sec. 2. The procccds of the sale of said real estate shall lafd and how be paid to the Commissioner^ of the Sinking Fund of the City expended. 1. A part of this land still remains unsold. ACTS OP THE GENERAL ASSEMBLY, 517 of Wilmington, to be bj^ them expended in the purchase or re- demption of the bonds of said city, or such proceeds may be expended in making a payment on account of any debt of said city, which will reduce amount of any loan authorized by law, and such authorized loan shall be reduced accordingly. Sec. 3. That all Acts and parts of Acts inconsistent with this Act be, and the same are hereby repealed. Passed at Dover, March 7, 1889. AX ACT authorizing "The Mayor and Council of Wt'Zmiw^- 23 d.l. 273. ton" to convey the title of a certain lot of land. Whereas, the ownership of a small triangular lot of land, Preamble. formerly a part of the bed of Rockford Road, between Six- teenth and Sevententh streets, and bordering on Woodlawn avenue, on the easterly side thereof, has by the vacation of said road become vested in "The Mayor and Council of Wil- mington ; ' ' and. Whereas, the said land is of no practical use to the said preamble, city since the vacation of said road, and it is desirable that the said city shall have authority to sell or dispose of the same. =^ ^ # # ^ # ^$ =^I' ^ =K^ ^' ^ Section 1. The INIayor and Council of Wilmington is j^ed fo^seu'^" hereby authorized and empowered to sell the whole or any part ^^''t^^^ i^"<^- of the above mentioned land, and the said Mayor is authorized and directed, to execute and deliver to the purchaser or pur- chasers thereof, a good and sufficient deed or deeds conveying Mayor to the title thereto in fee simple when so directed by a resolution ^^^'^ ^^^^' of the City Council. Approved March 16, A. D. 1905. 518 ACTS OF THE GENERAL ASSEMBLY. CHAPTER XVIII. MISCELLANEOUS ACTS. Page 1. Act to Incorporate Wil- 19. mington Coal Gas Com- pany 519 2. Act Supplementary to 20. Foregoing Act 519 3. Act Relating to the Open- ing of Streets by said Company 520 ! 4. Act Prohibiting the Ex- 21. hibiting of Stallions on Streets 520 5. Act Prohibiting Burials in a Certain Graveyard 520 22. 6. Act Relating to the Re- pair of Banks and Sluices 521 7. Act Authorizing the Li- 23. censing of Shows 522 8. Act in Relation to the 24. Condemnation of Land for Water Works 522 9. Act Authorizing the Leas- 25. ing of a Certain Wharf... 523 10. Act Vesting Title to "Old 26. Academy" in the City.... 523 11. Act Relating to the Taxa- tion of Railroad Com- 27. panics 523 12. Act to Prevent Bogus Sales 524 28. 13. Act Respecting a Free Library 525 14. Act Authorizing Addition- 29. al Payments to Free Li- braries in the City of Wilmington 527 30. 15. Act to Incorporate the Young Men's Association for Mutual Improvement.. 527 31. 16. Act Supplementary to Forgeoing Act 529 17. A Further Supplement to Foregoing Act 530 32. 18. A Further Supplement to Foregoing Act 531 [ Page Act Authorizing City Of- ficers to Bond with a Surety Company 532 Act Authorizing Amend- ment to the Charter of St. Michael's Day Nur- sery and Hospital for Babies .' 533 Act to Prohibit the Aid- ing of Girls in Escaping from the Industrial School for Girls 534 Act to Prevent the Dis- play of Foreign Flags on Public Buildings 535 Act in Relation to Auc- tions and Auctioneers.... 535 Act Giving Law and Or- der Society One Half of Fines in Certain Cases... 535 Act in Relation to Disor- derly Houses 536 Act Re-incorporating the Water Witch Steam Fire Engine Company, No. 5.. 538 Act Authorizing the Clos- ing of Barber Shops on Sunday . . 540 Act Relating to the Trade of Barbers in the City of Wilmington 540 Act Authorizing Indem- nity to E. I. DuPont de Nemours & Company 545 Act Making Eight Hours a Day's Work for Munici- pal Employees 546 Act Authorizing Munipi- palitles, Ac, to Make Do- nations to the Organized Militia 548 Act in Relation to Dogs Registered in Incorporated Cities 548 ACTS OF THE GENERAIj ASSEMBLY. 519 Page j * Page 33. Act Increasing the Fire ' ing Alleys 553 Test for Coal Oil, &c., and 37. Act Repealing Certain Providing the manner of Acts Authorizing Appro- Making the Same 549 priations to Fire Com- 34. Act Authorizing the Reg- panies and Authorizing ulator of Weights and the Execution of Con- Measures to Inspect Milk tracts •' • • • 553 Cans 552 38. Act Relating to Motor 35. Act Determining the Vehicles 554 Standard Measure of Milk 39. Act in Relation to Ped- and Cream 552 36. Act to License Pool and Billard Rooms and Bowl- dlers 562 AN ACT to incorporate the Wilmington Coal Gas Company 1 10 D. L. 575. Sec. 2. That the corporation hereby created is so created for the purpose, and for such purpose shall have authority of supplying- with gas, to light the town of Wilmington, and such individuals residing therein as may desire a supply of the same ****** with the right to enter upon any pub- p^^g^. ^^ lie street, lane or highway, for the purpose of laying down the ®!^.*®'t"^°tc pipes necessary for conducting said gas ; and to repair, alter and inspect the same, doing as little damage as possible to the streets, lanes and alleys, and repairing the injuries that may be done to the same, with as little delay as possible, and secur- ing the citizens from accident and danger whilst so laying down or repairing their pipes. Passed at Dover, March 4, 1851. A FURTHER SUPPLEMENT to the Act entitled "An Act ^^^^^ ,^^ to incorporate the Wilmington Coal Gas Company." Sec. 4. That the prices of gas shall be so regulated as ^^^°® °^ ^^^• that the dividends upon the capital stock of said company shall never exceed twelve per cent, per annum. *********** Passed at Dover, January 30, 1867. 1. For Supplement to this Act. see 11 D. L.. Chap. 19, p. 16. See also the provisions of "An Act providing for a General Corporation Law" and amendments. 22 D. L. p. 75S, Sees. 99, 102, 104 and 105. 520 ACTS OF THE GENERAL ASSEMBLY. 19 D. L. 399. ^ FURTHER SUPPLEMENT to the Act entitled ''An Act to i^e-incorporate the Wilmington Coal Gas Company." Opening of streets. Sec. 4. The said "The Wilmington Coal Gas Company" shall not open or excavate the bed of anj^ street of the City of Wilmington for the purpose of laying gas pipes or conductors therein, without first obtaining the consent of the duly author- ized authorities for said city; provided, however, that nothing herein contained shall require the said company to obtain the consent of the duly authorized authorities of said city before opening or excavating the bed of any street of said city for the purpose of repairing any gas pipes or conductors theretofore laid in such street by said company. Passed at Dover, April 15, 1891. 11 D. L. 32. AN ACT for the suppression of nuisances. Exhibiting That if any person shall exhibit any stallion or jack upon stallions or "^ ^ ' • i • . i jacks on the public strccts, lanes or alleys, or other places withm the ■DulDlic streets' prohibited, limits of any city, town or village in this State, he shall be deemed guilty of a misdemeanor ; and upon conviction there- of, shall forfeit and pay to the State of Delaware a fine of not less than ten dollars, and not more than twenty dollars, with costs of prosecution ; the same to be recovered by indictment or presentment in the Court of General Sessions of the Peace and Jail Deliverv. Prosecution in Court of General Sessions. Passed at Dover, February 9, 1853. D. L. 45. ^^' -^GT prohibiting burials in the grave yard of ''The Afri- can Union Church," in the City of Wilmi7igton. Section 1. That after the first day of January, 1862, it shall not be lawful to inter or bury any dead body in the Burials in African Union » i? • Churchyard ground heretofore used and now occupied by The African prohibited. ® ACTS OF THE GENERAL ASSEMBIiY. 521 Union Church" as a burial place, in the rear of their meeting house, and fronting on the easterly side of King street above Eighth street, in the City of Wilmington. Sec. 2. That if any person or persons shall, after the first Penalty for •^ ^ ^ ' violation of day of January, 1862, inter or bury^ any dead body in the law. burial place described in Section 1, every such person or per- sons shall be deemed guilty of a misdemeanor, and forfeit and pay a fine of twenty-five dollars. Passed at Dover, February 12, 1861. AX ACT concerning certain marsh meadow within the City of ^^ ^" ^' ^''"' Wilmington, and to repeal an Act therein mentioned. Section 1. An Act of Assembly made in the twelfth year of the reign of George the Third, entitled ' ' An Act to enable Act repealed, the owners and possessors of the marsh meadow on the north side of the Christiana river, in the Borough of Wilmington, to keep the banks, drains and sluices in repair," is hereby re- pealed. Sec. 2. The IMayor and Council of Wilmington are here- by authorized, within the limits of the marsh meadow, de- scribed in the first section, to repair the banks, sluices and and repair- "^ drains, and to open, scour and cleanse the same, and new sluices and banks, sluices and drains to construct at such times and places as to them may seem expedient. They shall keep a just account Expenses of the expenses incurred under authority ©f this section, and upon own- make a just and equitable assessment of the same upon the owners of property- in said tract of marsh meadow in propor- portion of tion to the benefit conferred upon each lot and its owner. Pro- ^^p^"^*^- vided, however, that the Mayor and Council of Wilmington shall bear a proportion of the expense so incurred, equal to the benefit accruing to the city by reason of such improvement. If any owner shall neglect or refuse to pgly his proportion so as- sessed for the space of thirty days after presentation of a bill for the same, it shall be lawful for the Mayor and Council of collection Wilmington to recover the same from such delinquent as debts biiis. of like amount are recoverable by law. Passed at Dover, JNIarch 5, 1861. 522 ACTS OF THE GENERAL ASSEMBLY. 12 D. L. 159. Sees. 1 and 2, chapter 51, Revi.sed Code, not applicable to Wilming- ton. City may regTilate and license shows. AN ACT concerning shows in the City of Wilmington. Section 1. Sections 1 and 2 of Chapter 51 of the Revised Code shall not hereafter apply to the City of Wilmington. Sec. 2. The City Council of the City of Wilmington is hereby authorized to pass ordinances to regiilate shows, exhi- bitions and public representations of all kinds within the city, and to establish and receive for the use of the city all fees for licenses issued to the same. Passed at Dover, March 6. 1861. 13 D. L. 462. A FURTHER SUPPLEMENT to the Act entitled ''An Act to limit the city debt of Wilmington, and to provide for the discharge thereof," passed February 21, 1849. Condemna- tion of land for water works. 11 D. L. 415, to apply. Elxception. Section 1. In case The Mayor and Council of Wilming- ton shall be unable to agree with the owners for the purchase of such land as may be required for the purpose of from time to time enlarging, extending and improving the works for sup- plying water to said city, then so much thereof as shall be re- quired for such purposes may be condemned and taken there- for in the same manner and subject to the same conditions and proceedings as are, by Section 23 of Chapter 376 of the Laws of this State, entitled "An Act to amend the Charter of the City of Wilmington," prescribed for condemning and taking land for the extending, widening, laj-ing out or opening streets, except that the commission to be issued shall command the freeholders to whom it shall be directed to assess the damages that may result to the several owner or owners of the land re- quired for the purpose of enlarging, extending and improving the works for supplying water to the City of Wilmington. («) Passed at Dover. April 2, 1869. (fl) See See. 116 of the Charter. ACTS OF THE GENERAL ASSEMBLY. 523 AN ACT authorizing the Mayor and Council of 'SVilmington,'^^'^-'^'^'^^- to lease to the Philadelphia, V^'ilmington and Baltimore Railroad Company certain wharf property, for a period exceeding ten years. Section 1. That The ]\Iayor and Council of Wilmington fease wSnut be and is herebj^ authorized to lease for a term not to exceed fo |f^^r^&^ forty years from and after the 25th day of ]\Iarch, A. D. 1872, foV^b^.e^'s. on such terms as it shall deem advisable to the Philadelphia, Wilmingion and Baltimore Railroad Company, the wharf property situated at the foot of Walnut street, in the City of Wilmington, extending from the building line on the south- limits. erlj' side of Water street to the Christiana river. Passed at Dover, March 3, 1871. AN ACT granting to the Mayor and Council of Wilmington, i4 d. l. 261. the State's right in a certain lot and building. Section 1. That all the right, title, interest, claim and de- Title to mand whatsoever, legal or equitable of the State of Delaware emi^Mn^*^' • of, to, and in the lot or piece of land known as the "Old ^ggtg^^n''^ Academy" or school house lot in the Ninth ward of the Cit}' of ^^^'^' Wilmington, formerly a part of the village of Brandywine, be and the same is hereby given and granted to and [vested] in The Mayor and Council of AVilmington, and their successors and assigns to and for the sole use and benefit of the Ninth ward of the City of Wilmington forever, with all the build- ings and improvements thereon, and the incidents and appur- tenances to the said lot appertaining and belonging, be the con- tents and descriptions thereof what they may. Passed at Dover, March 23, 1871. AN ACT relating to taxes for county and municipal purposes, isd. l. 456. Section 1. That all the real estate of "The Philadelphia, Railroads Wilmington and Baltimore Railroad Company" and of all ject to*^ other railroad corporations within this State, excepting never- municipal theless such real estate of each of the said corporations as shall ^^^ '°"' be included within the limits of the rights of way, or roadbeds Proviso. 524 ACTS OF THE GENERAL ASSEMBLY. of their respective lines of railroad, shall be subject to taxation and assessment for county and municipal purposes in the same manner as other like property of individuals is subject thereto for like purposes, any provisions of any existing law or laws to the contrary notwithstanding •,provided, however, that any building' erected in whole or in part within the limits of any such right of way or roadbed shall not by reason of the excep- tion herein made be exempted from assessment and taxation, although the land upon which building shall be wholh', or in part, located, is by this Act expressly exempted therefrom. («) Passed at Dover, INIarch 31, 1887. (a) The Court, in the ease below cited, held, the Constitution of 1897 did not repeal the above statute. It could have been passed after the Constitution went into effect, and, therefore, it was not affected by the Constitution. Boyce, J.: " And it seems to us quite obvious that if the existing statute may be re-enacted without violating some pro- hibition of the Constitution, either express or implied, then there is no repugnancy between the Act and the Constitution. And this being so the Act is not unconstitutional, and not having been repealed, it con- tinues in full force and operation. ' ' Sayers vs. W. & N. E. R. Co., 3 Peun. 249 at 258. (yr. 1901) 18D. L. 887. ^y ACT to prevent bogus sales witliin the City of Wilming- ton. Unlawful to v^rtfse goods Section 1. It shall not be lawful for any person engaged Wilmington. ^^ the Sale of any goods, wares or merchandise, within the Act of Feb. [State of Delaware] to publicly and falsely, and with intent to D. L. 90. deceive the general buying public, advertise or otherwise rep- resent that such goods, wares or merchandise are or were either in whole or part the property of any insolvent or bankrupt or the assignee of any insolvent or bankrupt, or that such goods. Act of A rii wares or merchandise were either in whole or in part damaged DL ^687^° by fire or accident of any kind, [nor shall it be lawful for any Special sale persou to engage in the sale of any goods, wares or merchan- chandise. disc, withiu the corporate limits of the City of Wilmington, which shall have been brought to said city or consigned to any person in said city, for the purpose of the special sale thereof, as a removed stock of goods, or for the purpose of any sale thereof in any other than a regular business manner, by regu- Proviso. i^j, established merchants of the said city ; provided, that this ACTS OF THE GENERAL ASSEMBLY. 525 act shall uot be so construed as to prevent anj- person from embarking in the regular business of a merchant by any other method than those herein or elsewhere in the laws of this State prohibited. A)id provided further that the provisions of this ^ther^^'^'" act shall not apply to goods and chattels shipped to said city ^g-^®'^" points a- are not from other points of the State of Delaware.] Any person of- '"ciuded. fending against the provisions of this section shall be deemed pg^^^j^ , guilty of a misdemeanor and upon conviction shall forfeit and pay a fine of one hundred dollars. Upon the trial of any per- son for a violation of the provisions of this section the intent to deceive the general buying public shall be presumed where proof is made of a public and false advertisement or represen- tation aforesaid. Passed at Dover, April 23, 1S89. AX ACT respecting a free lihrary and to increase the useful- ness of the scliools of Wilmington. Whereas, It is proposed to make the library and reading preamble, rooms of the Wilmington Institute, under such regulations as the Managers of the said Institute may adopt, free for the use of citizens of Wilmington, and as the free use of the library in connection with schools will add to their value, therefore. Section 1. That from and after such tniie as the Wil- Board of T ■ 1 11 • T, IT ^ Public Edu- mmgton institute shall cause its library and' reading rooms to cation au- , - r> • ■ t> -vTT-i • T 1 n JT thorized to be open to the use of citizens of Wilmington, and shall there- make certain „ - , . . . . payments atter keep the same open, without requiring any payment on happen- J . ill*'* of c^r— from individuals therefor ; and shall apply the entire net in- tatn events. come from the property of the Institute to be used in their management, maintenance and extension ; and shall cause the accounts of its treasurer to be open to the inspection and audit of the State Auditor ; and also shall make the Mayor, and the President of the Council, the Chairman of the Finance Com- mittee of the Council, the President of the Board of Public Education, the Chairman of the Committee on Teachers of said board and the Superintendent of Public Schools, all of the City of Wilmington, members of its Board of ^Managers ; and 526 ACTS OE' THE GENERAL ASSEMBLY. Mayor and Council of Wilmington to pay a sum monthly. Act of April 7. 1909, 25 D. L. 188. Amount. Proviso. Basis for de- termining amount to be raised. Act of April 7, 1909. 25 D. L. 188. Estimates, how made. Payments, when and how made. Exemption from taxa- tion. after the Council of Wilmington shall by resolution have ac- cepted the provisions of this Act, [The Mayor and Council of Wilmington shall pay monthly to said Institute a sum ('^) to be used in the management, maintenance, and extension of such Free Library and Reading Rooms] it shall be the duty of said Board of Public Education to pay monthly to said Institute, on or before the twentieth day of each month, a sum to be used in the management, maintenance and extension of such free library and reading rooms. (a) As to the right of the city to make appropriations (since the Constitution of 1897), see Sec. 31 "a," paragraph 4 of the Charter. Page 60 this volume. (Ferris Industrial School vs. Levy Court.) Sec. 2. The sum to be paid, as provided in Section 1, shall be, during the first year, at the rate of five thousand dollars a year, and shall increase each year thereafter by an addition of five per cent, of the amount paid during the preceding year, provided such increase shall not at any time make the amount paid in a month greater than a sum equal to [one and one-half cents for each inhabitant of Wilmington; in which case the sum to be so paid shall be equal to one and one-half cents for each inhabitant of said city. The estimates of the number of inhabitants shall be made as the City Council of Wilmington shall direct. The payments shall be made to the Wilmington Institute at dates not later than the 10th of the calendar month on orders issued by direc- tion of the City Council.] Sec. 3. That after the library and reading rooms of the Wilmington Institute shall have been made free, in accordance with the provisions of this Act, the property of said Institute used by or for the benefit of the library and reading rooms shall be exempt from all taxes imposed by authority of the State of Delaware. By-laws. Qec. 4. That the Managers of the said Institute shall have power to make by-laws and rules («) for the government of the library and reading rooms. Passed at Dover, April 26, 1893. (o) See, as to the meaning of "rules," Sec. 76, "a" of the Charter. ACTS OF THE GENERAL ASSEMBLY. 527 A SUPPLEMENT, to an Act entitled ''An Act respecting a22D. l. 687. Free Library and to increase the usefulness of the Schools of Wilmington," passed April 26, 1893, being Chapter 734, Volume 19, Delavjare Laws, authorizing larger pay- ments by the Mayor and Council of Wilmington toward the support of free libraries and reading rooms in the City of Wilmington. Section 1. The JMayor and Council of Wilmington is Mayor and hereby authorized and empowered to enter into further con- Wilmington tinuous or perpetual contracts with the Wilmington Institute, additional by ordinance of Council approved by the Mayor, respecting money to the payments of money toward the support of free libraries and institute. reading rooms in the City of Wilmington beyond and besides, or instead of, the payment provided for in the Act to which this is a supplement. Sec. 2. The Mayor and Council of Wilmington is hereby ^uh an"'^'^^^'^ authorized and empowered to enter into continuous or per- i^s^'itute*^^^ petual contracts by ordinance of Council approved by the Mayor with a party or parties designated by the Wilmington Institute respecting payments of money to be made toward the support of free libraries and reading rooms in the City of Wil- mington. Approved March 26, A. D. 1903. AN ACT to incorporate the Young Men's Association /or ii d. l. 35s. Mutual Lmprovement of the City of Wilmington. Section 1. That the members of the Young Men's Asso- ciation for Mutual Improvement, of the City of Wilmington, and all persons who shall hereafter be associated Avith them, are hereby created a body corporate by the name of ' ' The corporate Young Men's Association for Mutual Improvement, of the City of Wilmington," for the purpose of establishing and Objects of . . T, ,. ,. -I • ■ 1^ -I association. maintaining a library, reading room, literary and scientmc lec- tures, debates and other means of promoting moral and intel- lectual improvement, with power for such purposes to take by 528 ACTS OP THE GENERAL ASSEMBLY. Amount of property. Act of April 24, 1893. Control of funds; in whom vested. Annual election. 14 D. L. 363. purchase, devise or otherwise and to hold, transfer and convey real and personal property to the amount of fifty thousand dollars; and also further, to take, hold and convey all such books, cabinets, library, furniture and apparatus as may be necessary for attaining the objects and carrying into effect the purposes of said corporation. [Sec. 2. That the control of the funds, property and es- tate, and the direction and management of the concerns of said corporation shall be vested in a board of sixteen managers, to consist of the Mayor, President of City Council, Chairman of the Finance Committee of City Council, President of the Board of Public Education, Chairman of the Committee on Teachers of said board and the Superintendent of Public Schools, all of the City of Wilmington, and ten other persons to be elected by the stockholders of the Wilmington Institute.] Sec. 3. That the several officers of the said association, at the time of the passage of this Act, shall continue to hold their respective offices as officers of the corporation hereby' created, until the next annual election, unless in case of a vacancy pre- viously' occurring by death, resignation or otherwise; and all personal property or funds or securities now held by the said officers or either or any of them, or any other person or persons in trust for the said association or for the use and benefit of the same, including choses in action, which by the terms thereof are payable to either or any of the said officers or to any other person or persons in trust for the said association, shall, by vir- tue of this Act, vest in and become the property of and may be sued for and recovered in the name of the corporation hereby created ; and the said corporation shall assume and be liable for all contracts, agreements and responsibilities which have been entered into or incurred previous to the passage of this Act by the officers of the said association or any of them law- fully acting in behalf of said association. Sec. 4. That the annual election for officers of the said corporation shall be held on the fi.rst Tuesday of February in each year or on such other day as the said corporation in and by its [by-laws] may appoint. ACTS OP THE GENERAL ASSEMBLY. 529 Sec. 5. That the executive committee shall have power to fff^^ftJ'e^e till all vacancies which may occur in any of the offices of the §°^|g® ^^^ said corporation, and to appoint and at pleasure remove such other officers, agents or servants as the business or interests of the said corporation may in their opinion require. Sec. 6. That the estate, property and funds of the said Funds, how corporation shall be devoted solely to the general purposes and objects specified in the first section of this Act. Sec. 7. That this Act shall be deemed and taken to be public ; and the power to revoke this charter is hereby reserved to the Legislature. Passed at Dover, February 10, 1857. A SUPPLEMENT to the Act entitled "An Act to incorporate ^^ j^ l. 604. the Young Men's Association for Mutual Improvement of the City of Wilmington." Section 1. That the name and stvle of the corporation ^^ '■ Name created by the Act to which this is a supplement, be and the changed to "^ ,, Wilmington same is hereby changed from that of The Young Men's Asso- institute. elation for Mutual Improvement, of the City of Wilmington, ' ' to that of "The Wilmington Institute," («) by which last men- tioned name the said corporation shall continue to have suc- cession for the purposes named in the Act aforesaid, and with all the powers and franchises incident to a corporation under the laws of the State of Delaware. (a) An indictment charged the defendant with the larceny of cer- tain books "of the goods and chattels of the Wilmington Institute," &c. The indictment did not state that the ' ' Wilmington Institute ' ' was a corporation. The Court held it was not necessary to charge it was a corporation. "In an indictment for larceny, where the name of the corporation is stated as owner of the property, there need be no averment that it is a corporation." (syllabus) State vs. Eollo, 3 Penn. 421 at 422. (yr. 1901) Sec. 2. That the members at present being of ' ' The Li- certain ris"lits brary Company of Wilmington" shall be members of the cor- vested, poration created by the act to which this is a supplement, and the said membership shall be perpetuated, governed or dis- 530 ACTS OP THE GENERAL ASSEMBLY. Misnomer in deed, will, etc. solved according- to the constitution and by-laws of the said corporation, and that all the immunities and franchises, and all the rights, properties and effects, credits and dues belong- ing to the said ' ' The Library Company of Wilmington, ' ' shall be and are hereby vested in the aforesaid corporation, herein named and styled ' ' The Wilmington Institute. ' ' Sec. 3. That no misnomer of the corporation created by the act to which this is a supplement, in any deed, will, testa- ment, gift, grant, demise, contract, or other instrument, shall avoid or vitiate the same; provided, there be sufficient to as- certain the intent of the parties. Sec. 4. That this Act shall take effect from the day of its passage ; it shall also be deemed and taken to be public, and shall continue in force for twenty years, unless sooner revoked by the Legislature. Passed at Dover, January 27, 1859. 14 D. L. 363. Capital stock; how constituted and divided. Certificates. A FURTHER SUPPLEMENT to the Act entitled ''An Act to incorporate the Young Men's Association for Mutual Improvement, of the City of Wilmington." Section 1. That all property, real and personal, now held and owned by the Wilmington Institute, the corporation mentioned in the Act to which this is a supplement, including the equitable interest in certain real estate now held bj^ trus- tees for the benefit of said corporation shall, from and after the passage of this Act, constitute a capital stock, to be di- vided into three thousand shares of ten dollars each, with the privilege of increasing the same from time to time by a vote of the stockholders, so that the value of its property shall not ex- ceed the sum of one hundred and fifty thousand dollars. That it shall be the duty of the executive committee of said corpora- tion to issue to each member of the said corporation a certifi- cate of the pro rata number of shares of said stock to which he is entitled, counting each life member equal to two annual members, and each perpetual member equal to three annual members. That each share of stock, except one share to be held ACTS OF THE GENERAL ASSEMBLY. 531 by each perpetual and life member shall be subject to such semi-annual or other tax as may be provided in the by-laws, Jif^j-e" and any share of stock upon which the tax for a period of six months shall not be paid within one year from the passage of this Act shall be forfeited to the corporation. Shares of capi- tal stock shall be personal estate, and the same shall be certi- fied, held and assigned, or forfeited for non-payment of dues according to the provisions of the by-laws. Sec. 6. That this Act shall be deemed and taken to be a public Act, and the power to revoke the same is reserved to the Legislature. Passed at Dover, March 7, 1873. A FURTHER SUPPLEMENT to the Act entitled ''An Ad to incorporate the Young Men's Association for mutual im- provement of the City of Wilmington." Sec. 3. The terms of the several officers and directors of Terms of officers ex- the said corporation, under its present organization shall ex- pire, when. pire upon the acceptance of this Act, and the election of ten managers as provided for in Section 1. The terms of the ten first elected under the provisions of this Act shall expire, two „ '- . . . Expiration each year on the second IMonday in April of five successive of terms of . managers. years ; and elections to fill vacancies thus occurring shall be for terms of five years. Sec. 4. The Executive Committee shall have power to fill vacancies, vacancies for unexpired terms of any of said elected members. Sec. 5. That from and after the acceptance of this Act Eiectic L share of st at all elections. each share of stock shall entitle the holder thereof to one vote vote.'^^'^ 532 ACTS OF THE GENERAL ASSEMBLY. Power to adopt by- laws. Sec. 6. That from and after the acceptance of this Act, and the organization of a Board of Managers, as provided herein, such Board of Managers shall have power to adopt new by-laws for the corporation, and the same to repeal, revoke or alter, by a vote of a majority of the whole board at two suc- cessive stated meetings. Sec. 7. That this Act shall be deemed and taken to be a private Act, and the power to revoke the same is reserved to the Legislature. Passed at Dover, April 24, 1893. 20D. L. 96. AX ACT relative to Bonds, Undertakings, and other Ohliga- tions with Surety or Sureties, to the acceptance as Surety or Guarantor there\ipon of Companies qualified to act as such, and to provide a uniform System of procedure hy and Standard of Qualification for sucli Companies. Surety com- pany may become surety in any case. And may be sufficient alone whether such case requires one or more sureties. And also ■when free- hold or resi- dent surety is required. Section 1. Whenever any bond, undertaking, recogni- zance or other obligation is by law or the charter, ordinances, rules or regulations of any municipality, board, body, organi- zation or public officer, required or permitted to be made, given, tendered or filed with surety or sureties, and whenever the performance of any act, duty or obligation, or the refrain- ing from any act, is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance or guarantee may be executed by a surety company qualified to act as surety or guarantor as hereinafter provided; and such execution by such company of such bond, undertaking, obligation, recogni- zance or guarantee shall be in all respects a full and complete compliance with every requirement of every law, charter, ordi- nance, rule or regulation that such bond, undertaking, obliga- tion, recognizance or guarantee shall be executed by one surety or bv one or more sureties, or that such sureties shall be resi- ACTS OF THE GENERAL ASSEMBLY. 533 dents or freeholders, or either or both, or possess any other qualification and shall be accordingly accepted and treated.^ Certificate rom insur- Sec. 3. Upon production of proof to the Insurance Com- ^,^ missioner of this State by any company organized under the n"ssioner' laws of any other State than this State that it possesses the to ^ct as^"^ qualifications by this act required and that it has in all re- surety. spects complied therewith, he shall issue to such company and to each of its agents in this State a certificate that it is author- ized to become and be accepted as sole surety on all bonds, un- dertakings and obligations, required or permitted by law, or the charter, ordinances, rules and regulations of any munici- pality, board, body, organization or public officer, which said certificate shall be prima facie evidence of such company's right to do business in this State; provided, lioivever, that no j^t^ power such company as aforesaid, by virtue of this act, shall within granted ex- the limits of this State, by implication or construction, be as^sure^^* deemed to possess the power to act in the capacity of executor, administrator, guardian, trustee, receiver, assignee, or agent, or in any other capacity than that of surety, anything in its charter or articles of incorporation to the contrary hereof not- withstanding ; and provided further, that all certificates issued o^insumnce by the Insurance Commissioner of this State under the pro- sionerTo visions of this act shall expressly set forth the limitations and restriction's, restrictions contained in the preceding proviso. ^ ^ ^ =J{j ^I- ^ ^ ^ # ^ ^ Passed at Dover, May 6, 1895. AN ACT to amend the charter of "St. MichaeVs Daij Nursery ^'^i- 20> ii6. and Hospital for Bahies." Sec. 2. That the corporation is hereby authorized and fJn'years*^^ empowered, with the consent of the managers of the corpora- mme'd^to^its' 1. Expense of Surety Company bonds given by certain municipal of- ficers to be paid by municipality. 25 D. L, Sec. 3, p. 296. 534 ACTS OF THE GENERAL ASSEMBLY. tion, to take and receive into its custody, care and control any child under the age of ten years, who may be committed or bound to it by any person, or by any court of record or justice of the peace of the State of Delaware pursuant to any law of the State of Delaware, and every court of record and justice of the peace of the State of Delaware is hereby authorized and empowered to commit or bind to said corporation, with the consent of the managers of said corporation, any child under the age of ten years which by any law of the State of Dela- ware may be committed or bound to any orphan asylum, chari- table or other organization or institution in. the State of Dela- ware for the care of children. Passed at Dover, March 14, 1895. 20 D. L. 240. Appendix. Aiding girls in escape from Indus- trial School for Girls. misde- meanor. Fine. ^AN ACT to prevent the aiding or liarhoring of girls escaping from The Delaware Industrial School for Girls. Section 1. That if any person shall knowingly advise, promote or aid in the escape or running away of any girl from the guardianship or custody of the managers of The Delaware Industrial School for girls, or shall knowingly harbor or con- ceal, or aid in harboring or concealing, any girl who has es- caped from the guardianship or custody of the said managers after such girl has been regularly committed thereto, every such person shall be deemed guilty of a misdemeanor and shall, on conviction thereof before any justice of the peace in the county wherein the said offence has been committed or be- fore the municipal judge of the City of Wilmington, be fined not less than ten or more than one hundred dollars, to be paid to the treasurer of said school for the use thereof. Passed at Dover, April 29, 1895. 1. This Act was not duly enrolled and signed by the Speakers of the respective branches of the General Assembly, but is published in the ap- pendix to Volurhe 20 of Laws of Delaware. ACTS OF THE GENERAL ASSEMBLY. 535 AX ACT to prevent tJie display of any Foreign Flags on Pub- -'^ ^- ^- ^'^^■ lie Buildings. Section 1. It shall not be lawful to display the flag or Foreign flag not to be emblem of any foreign country upon State, county, town or displayed on "^ J t' ! J J public build- municipal building; provided, however, that whenever any ing. foreigner shall become the official guest of the United States, ^^^"^ '°"" the State or of any city, upon public proclamation by the President of the United States, by the Governor, or the Mayor of such city, the flag of the country of which such public guest shall be a citizen may be displayed upon such buildings. Sec. 2. Any person violating the provisions of this act Punishment. shall be punished by a fine of not less than twenty-five nor more than fifty dollars. Passed at Dover, February 26, 1895. AN ACT in relation to Auctions and Auctioneers in the City ' • • 9 • ■ of Wilmington. Section 1. That the The Mayor and Council of Wilming- ^j^'^^JSc- ton be and they hereby are empowered to license, tax and regTi- cense' &c' late («) auctions and auctioneers in and for the City of Wil- mington in such manner as the City Council, by ordinance, shall prescribe. Passed at Dover, i\Iay 29, 1897. (a) Section 31 of the Charter gives "The Council" the power to enact ordinances ' ' to provide for the regulation of auctions and auc- tioneers. ' ' The above provision gives the power to license and tax auctioneers, as well as to regulate them. In the year 1896 the Superior Court, in the case of Gray vs. Wil., 2 Marv. 257 (yr. 1896), decided that "The Coun- cil," under Sec. 31 of the Charter, had not power to license milk dealers. About the same time, one Drake, had been arrested for acting as auc- tioneer without a license. The decision in the Gray ease made clear the powers of "The Council," and in 1897 the above law was passed in re- gard to auctions and auctioneers. (See Sec. 31, "j," of the Charter.) AN ACT in relation to Certain Fines. . 20 d. l. 714. Section 1. Hereafter one-half of all the fines, penalties and forfeitures imposed and collected in any county of this 536 ACTS OF THE GENERAL ASSEMBLY. der^society^' ^^ate where the evidence to secure the conviction shall be pro- of wnming- duced and furnished by the Law and Order Society («) of Wil- haiFof fines i^i^igton, Delaware, a corporation of the State of Delaware, or when. its agent or agents, shall inure and be paid to such society in aid of the purposes for which it was incorporated. (a) Fines ordinarily are paid into the city treasury for the use of the city. See as to the above law, Sec. 148 "a" of the Charter, and the case of Law and Order Society vs. Mayor and Council of Wil., 4 Penn. 366 at 367. (yr. 1903) Sec. 2. All acts or parts of acts inconsistent with this act are hereby repealed. Passed at Dover, May 26, 1S97. 20 D. L. 272. Appendix. Disorderly house or house of ill- fame. Nuisance. Fine. Imprison- ment. Liens upon premises. ^AN ACT in relation to Disorderly Houses and Houses of Hl- Fame and Assignation. Section 1. Any person who keeps or has any interest in keeping a house of ill-fame or assignation of any description, or a house or place for persons to visit for unlaw^ful sexual tercourse, or for any sexual, obscene or indecent purpose or a disorderly house («) or any place or public resort by which the peace, comfort or decency of a neighborhood is disturbed, shall be guilty of a nuisance, and upon convic- tion thereof shall forfeit and pay a tine of not less than fifty dollars nor more than one hundred dollars, and in default of pajTiient of such fine, together ynt\\ costs, shall be imprisoned in the county jail for the term of two months, and upon a second or any subsequent conviction thereof shall forfeit and pay a fine of not less than one hundred dollars, nor more than two hundred dollars, or to be im- prisoned not more than six months, or both, at the discretion of the court. In default of payment of the fine imposed upon such second or any subsequent conviction, together with costs, the same shall be a lien upon the premises, where such nui- 1. This Act was not duly enrolled and signed hy the Speakers of the re- spective branches of the General Assembly but is published in the appen- dix to Vol. 20. ACTS OF THE GENERAL ASSEMBLY. 537 sance was committed; provided, that the owner or agent of P'"°"^'i^°- such premises shall have been notified that such nuisance has been committed, and such lien shall be properly recorded and indexed by the clerk of the court where such conviction shall be had, and may be collected by proper execution process. The Municipal Court of the City of Wilmington shall have juris- jurisdiction, diction in all cases of violation of this section occurring within the said city. The sheriff, or in the City of Wihnington the ^o*nv^ct?on chief of police, shall forthwith cause notice of any conviction o^nl^ of * *° under this section to be served upon the owner or OAvners of premises. the premises upon or in which such nuisance shall have been committed ; such service may be made upon the owner or own- ers personally or by leaving a copy thereof at his or their usual place of abode, or if the place of abode of any owner be not known or not in the State, then such service may be made upon his agent, if he have any. (a) In regard to disorderly houses, in general, see page 750 of this volume. Sec. 2. Any lease, contract, agreement or demise made legai pur- by any person or persons for the letting or using of any place and void. or building, or any portion of a building, for any of the pur- poses specified in the preceding section of this act, shall be null of premises and void ; and tli^e use of any place or building, or any por- nuii and tion of a building, for any of said purposes, shall terminate premises and render thenceforth null and void any lease, contract, i^^sessed by agreement or demise for the letting or use thereof ; and in ° each case the person or persons who would be entitled to the possession of the premises if such lease, contract, agreement or demise had not been made shall have the right of immediate possession thereof, as if such lease, contract, agreement or de- Remedy, mise had not been made; and the provisions, remedies, pro- cesses and penalties provided for in Chapter CI of the Revised Code' of the Statutes of Delaware, published in 1893, in cases of forcible entry and detainer, shall be applicable for the pur- pose of restoring the person or persons entitled as aforesaid to owner of the possession of such premises. After sufficient time has perSinfng elapsed from the date of notice being served as aforesaid to "ftlr notice enable him to secure the possession of the premises under the gun°ty^of provisions of this section, any owner who shall still permit his J^^'!j*^% 538 ACTS OF THE GENERAL ASSEMBLY. Fine. premises to be used for any of the purposes mentioned in Sec- tion 1 of this act shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of not less than fifty nor more than two hundred dollars. Sec. 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Passed at Dover, May 9, 1S95. 20 D. L. 670. ^^V ACT to repeal an act in reference to the Water Witch Steam Fire Engine Company, No. 5, of Wilmington, Dela- ware, passed April 12th, 1893, being Chapter 718, Volume 19, Laws of Delaware, and to repeal the acts by said act restored, revived and reviewed, and to reincorporate the said company under the name of The Water Witch Fire Company, No. 5, of Wilmington, Delaware. Act repealed. Members and property of old com- pany trans- ferred to new. Company in- corporated. Section 1. That Chapter 306, Volume 8; Chapter 514, Volume 16 ; and Chapter 718, Volume 19, Laws of Delaware, be and the same are hereby repealed and made null and void, and that the members of the Water Witch Steam Fire Engine Company, No. 5, of AVilmington, Delaware, the corporation by said acts created, be and the same are hereby declared to be members of the corporation hereinafter created and reincor- porate!, and that the real and personal property of the said corporation is hereby absolutely vested in the said corporation hereby reincorporated and created. Sec. 2. That the members of the Water Witch Steam Fire Engine Company, No. 5, of Wilmington, Delaw^are, shall be and hereby are created a body politic and corporate, to have continuance and succession as a corporation for the period of twenty years from and after the passage of this act and no longer. ^^y^^- Sec. 3. The name and style of said body politic and cor- poration shall be ' ' The Water Witch Fire Company, No. 5, of Wilmington, Delaware." ACTS OF THE GENERAL ASSEMBLY. 539 Sec. 4. That the general purposes for which said cor- f^bject. poration is organized shall be the extinguishment of fires, and that it shall have power to adopt, use and employ any and all powers, means and appliances by it deemed advisable and not contrary to law to carrj" out said purposes. Sec. 5. That the said corporation shall have power to pur- Powers as ^ to property. chase, take, hold, buy, sell, convey and demise real and per- sonal property not inconsistent with the purposes for which it is created to the value of fortj^ thousand dollars and no more. Sec. 6. That the said corporation shall have full power to By-iaws. make, adopt, change and alter constitutions and by-laws for the government of itself and its members, not inconsistent with nor repus'nant to the laws of the State of Delaware, and \ '^ , Seal. to adopt and use a common seal. Sec. 7. That the said corporation shall have all the pow- subject to ers and be subject to all the liabilities usually belonging and ^^^^'^ ^^^^• incident to corporations created under the Constitution and laws of the State of Delaware. Repealed ^vn S * * * * * * * * *bv Act of ^^^- °- April 7. 1909, 25 D. L. 315. Sec. 9. That no misnomer of the corporation hereby ere- Misnomer in 1 1 Ti • T 1 T 1 -11 -p T deed, &c. ated shall invalidate any deed, will, testament, giit, grant, de- mise or other instrument, provided there be sufficient therein to ascertain the intent of the parties thereto. Sec. 10. • That all acts or parts of acts repugnant to or in- consistent herewith be and the same are hereby repealed. Sec. 11. That this act shall take effect from its passage and shall be deemed and taken to be a public act, and the power to revoke, alter and amend the same is hereby expressly reserved to the Legislature. Passed at Dover, March 23, 1897. 540 ACTS OF THE GENERAL ASSEMBLY. 21 D. L. 433. Barbers not to pursue occupation on Sunday. Misde- meanor. Penalty. AN ACT to autliorize the closing of Barber Shops on Sunday. Be it enacted by the Senate and House of Representatives of the State of Delaivare in General Assembly met : Section 1. Any person who carries on or engages in the business of shaving, hair-cutting or other work of a barber, or who opens or allows to be open his barber shop, or place where such business is done, for the purpose of carrying on his said business on the first day of the week, commonly called Sunday, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars, and on failure to pay such fine and costs shall be imprisoned not exceeding ten days. Jurisdiction of officers. 22 D. L. 214. Board of Barber Ex- aminers. How ap- pointed. Terms of office. Vacancy, how filled. Sec. 2. Any Justice of the Peace of the County shall have jurisdiction and cognizance of the offences mentioned in Section 1 of this Act, except when said offences are committed in the City of Wilmington, in which case the Municipal Court of said city shall have exclusive jurisdiction. Approved February 23, A. D. 1899. , AN ACT relating to the trade of Barbers in the City of Wil- mington, Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaivare in General Assembly met: Section 1. That a Board of Examiners, to consist of three reputable barbers, is hereby created, whose duty it shall be to carry out the purposes and enforce the provisions of this Act. The members of said Board shall be appointed by the Grovernor, who shall select them from the barbers residing in the City of Wilmington, Delaware. The term for which the members of said Board shall hold their office shall be for three years (except that two members of the board first to be ap- pointed under this Act, shall be designated by the Governor to hold their office for the term of one and two years respec- tively), unless sooner removed by the Governor, and until their successors shall be duly appointed in case of vacancy oc- curring in said board, such vacancy shall be filled in like man- ner by the Governor. Each member of said board shall enter ACTS OF THE GENERAL ASSEMBLY. 541 into a bond to the State of Delaware with one or more sureties ^°"*^ °^- to be approved by any Judge of any Court of this State, in the penal sum of five hundred dollars ($500.00), conditioned for the faithful performance of his official duties ; said bond shall rp^ ^^ ^^^^ ^^ be filed in the office of the Secretary of State, and before enter- r^ary'of^^^" ing upon his duties each member shall be duly sworn or af- ^*^3-te- firmed to faithfully and impartialh- perform the duties of his office. Sec. 2. The said board shall choose one of its members organiza- President, one Secretary and one Treasurer thereof. It shall ^^°"" fix the time and place of meeting or meetings. A majority of said board shall at all times constitute a quorum and the pro- ceedings thereof shall at all reasonable times be open to a rea- sonable inspection. The board shall also malce an annual re- ^port!^ port of its proceedings to the Governor. It shall have power to adopt reasonable rules («) and regulations, prescribing the sani- ^gufations. tary requirements of a barber shop subject to the approval of the Board of Health of the City of Wilmington, and to cause the rules and regulations so approved to be printed in suitable pHn4d° ^ form and to transmit a copy thereof to the proprietor of each barber shop in the said City of "Wilmington. It shall be the duty of every proprietor or person operating a barber shop in said city to keep posted in a conspicuous place in his shop, so in°conspfcu- as to be easily read by his customers, a copy of such rules and °"^ ^ ^^'^^' regulations. A failure of any such proprietor to keep such penalty for rules so posted or to observe the requirements thereof, shall be ance°°"^^^ '" sufficient ground for the revocation of his license, but no license shall be revoked without a reasonable opportunity be- ing offered to such proprietor to be heard in his defense. Any member of said board shall have power to enter and make any °"*^®^^ reasonable examination of any barber shop in said city during business hours, for the purpose of ascertaining the sanitary conditions thereof. Any barber shop in which tools, appli- ances and furnishings in use therein are kept in an unclean and unsanitary condition so as to endanger health is hereby 542 ACTS OF THE GENERAL ASSEMBLY, Meetings of Board. Act to take effect from passage thereof. To register within 60 days there- after. Registration fee. Annual fee. declared to be a public nuisance, and the proprietor thereof shall be subject to prosecution and punishment therefor. (a) As to the meaning of the word "rules" see Sec. 76 "a" of the Charter, and the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 136. (yr. 1894) Sec. 3. That said board shall meet at least three times in each year in the said City of Wilmington to conduct an ex- amination of persons desiring to follow the business or occupa- tion of barbers, and shall give at least ten days previous notice of the time and place of such meeting in at least two of the daily newspapers of the said City of Wilmington. Sec. 4. This Act shall take effect from the date of its passage and within sixty days thereafter it shall be the duty of every person -who at the time of the passage of this act shall have been engaged for the period of two years or more, either as journeyman or proprietor, in the business or occupation of a barber in said City of Wilmington, to cause his or her name and residence or place of business to be registered with said Board of Examiners. The statement of every such person so registering shall be verified under oath before a Notary Public of this State, and shall set forth his or her name and residence or place of business and the length of time he or she has acted or served as barber. Every person who shall be so registered with said Board as a barber, shall pay to the Treasurer of said Board the sum of two dollars and shall be entitled to receive from said Board a certificate as a barber, and shall pay an- nually the sum of one dollar for a renewal of said certificate. Examina- tion fee. Qualifica- tions to. Sec. 5. Any person not within the pro\asions of Section 4, or not registering thereunder, desiring to obtain a certificate of registration under this Act, shall make application to said board thereof, and shall pay to the Treasurer of said board an examination fee of five (5) dollars, and shall present himself at the next regular meeting of the board for the examination of applicants, whereupon said board shall proceed to examine such person, and being satisfied that he is above the age of nineteen years, of good moral character, free from contagious diseases, that he has either studied the trade for at least three ACTS OF THE GENERAL ASSEMBLY. 543 years as an apprentice under a qualified and practicing bar- ber; or has practiced the trade in another State for at least two years, and is possessed of the requisite skill in said trade to properly perform all the duties thereof, including his abil- ity in the preparation of tools, shaving, hair cutting and all the duties and services incident thereto, his name shall be en- tered by the board in the register hereinafter provided for, and a crtificate of registration shall be issued to him authoriz- ing him to practice said trade in said City of Wilmington, which said certificate shall be good for one year. All persons who shall have passed a successful examination before said board shall be entitled to receive from said board a certificate thereafter annually upon the payment of a fee of one dollar. Sec. 6. Each member of said Board shall receive a com- compensa- 'pensation of five dollars per day, for actual services, which bei-s of "^'^"^' compensation shall be paid out of the moneys in the hands of the Treasurer of said Board ; provided, that said compensation shall in no event be paid out of the State Treasury. Sec. 7. Nothing in this Act shall prohibit any person ^^^ ^^^.^ from serving as an apprentice to said trade under a barber au- apprenttce thorized to practice the same under this Act ; provided, that ^arbei-. in no barber shop in said City of Wilmington shall there be more than one apprentice to one barber authorized under this Act to practice said occupation. An apprentice within the meaning of this Act is anv one Definition '■ '■ '^ " of appren- who has entered into the employment of a qualified barber for tice. a fixed "term in order to learn the trade or art of barbering. Every apprentice in the said City of Wilmington in order to avail himself of the provisions of this Act must file with the Secretary of said Board a statement in writing showing the name and place of business of his employer, the date of the commencement of employment with him. and his full name and age, and shall pay into the Treasury of said Board a fee of fifty (50) cents. Sec. 8. Said Board shall furnish to each person to whom ^°n'ish cer- a certificate of registration is issued, a card or insignia good rLg'ittration 544 xVCTS OF THE GENERAL ASSEMBLY. Where posted. for the year, for which the same is issued bearing the signa- tures of its President and Secretary, certifying that the holder thereof is entitled to practice the occupation of barber in said city, and the year for which it is issued printed in large fig- ures; and it shall be the duty of the holder of such card or insignia to post the same and any renewal thereof in a con- spicuous place in front of his working chair, w^here it may be readily seen by all persons whom he may serve. Board to ^^q_ 9 Said Board shall keep a register in which shall be ter. entered the names of all persons to whom certificates are is- sued under this Act and said register shall be at all times open to public inspection. Sec. 10. To shave or trim the beard or cut the hair of any Definition of . . „ . the occupa- persou for hire or reward received by the person performing tion of a . barber. sucli scrvicc or any other person shall be construed as prac- ticing the occupation of barber within the meaning of this Act. Unlawful to follow the occupation without cer- tiflcate. Sec. 11. It shall be unlawful for any person to follow the occupation of a barber without the certificate of said Board of Examiners. Provided further that all persons making appli- cation for examination under the provisions of this Act shall be allowed to practice the occupation of barbering until the next regular meeting of said Board. Sec. 12. It shall be unlawful for any person to follow the occupation of a barber without the certificate of said Board of Examiners. Provided further that all persons making appli- cation for examination under the provisions of this Act shall be allowed to practice the occupation of barbering until the next regular meeting of said Board. Violation of Act. Sec. 13. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof before any Justice of the Peace residing in the said City of ACTS OP THE GENERAL ASSEMBLY. 545 Wilmington or by the ]\Imiicipal Court of the City of Wil- mington shall be fined not less than five nor more than fifty Penalty for. dollars, and any convicted person who shall refuse or neglect to pay such fine may be imprisoned in the county jail until such fine is paid, not exceeding, however, twenty days. Approved March 9, A. D. 1901. AN ACT to authorize the Mayor and Council of Wilmington 22 d. l. 829. to indemnify and keep harmless E. I. duPont de Nemours and Company, its successors and assigns, from all liability for damage to property, real or personal, or for personal injury, or loss of life, occasioned to property or persons while using, or being on the Water Tower in Bockford Park, in the City of Wilmingto7i, or on ground contiguous thereto, by reason of explosion occurring on, or near the property now or hereafter belonging to said Company. Whereas, Certain lands have been conveyed by the late Preamble. firm of E. I. duPont de Nemours and Company to the Mayor and Council of Wilmington to be held in trust forever under certain provisions in said trust deed set forth, said lands being near to certain other lands now belonging to E. I. duPont de Nemours and Company, a corporation existing under the laws of the State of Delaware ; And Whereas, The Mayor and Council of Wilmington preamble. has caused to be built and erected upon said lands in Rockf ord Park so conveyed to it a certain water tower, and is desirous of having the said lands, and the said water tower, open for the use and entertainment of the public, notwithstanding the provisions contained in said deed conveying the same to the said Mayor and Council of Wilmington ; And Whereas, The E. I. duPont de Nemours and Com- preamble. pany have expressed a willingness to waive the condition and provision of said deed, in relation to the said lands, provided the said IMayor and Council of Wilmington shall indemnify and forever save harmless the said E. I. duPont de Nemours and Company, its successors and assigns, of, and from all lia- 546 ACTS OF THE GENERAL ASSEMBLY. Indemnity of E. I. du Pont de Ne- mours and Company. bility for damage to property, real or personal, or for personal injuries, or loss of life resulting to persons, or property, while using or upon said lands and premises, by reason of any ex- plosions occurring in the mills, or on other property now or hereafter of the said Company ; Be it enacted hy the Senate and House of Representatives of the State of Delaware in General Assemhly met {two- thirds of the members of each hrancli thereof concurring therein) : Section 1. ' ' That the Mayor and Council of Wilmington be, and it is hereby gi^en full power and authority and is hereby fully authorized at any time hereafter to indemnify and keep harmless the said E. I. duPont de Nemours and Com- pany, its successors and assigns, of, and from all liability for damage or injury to property, real or personal, or for personal injury, or loss of life happening to property or persons while on the lands and pemises mentioned in the said deed, by rea- son of any explosions occurring on, or near property now or which may hereafter belong to said E. I. duPont de Nemours and Company, its successors or assigns. ' ' Approved March 31, A. D. 1903. 22 D. L. 845. Eight liours legal day's work. Contract to stipulate same. AX ACT Concerning the employment of certain persons hy the 3Iunicipal Corporation of the City of Wilmington, by making eight hours, a day's work. Section 1. That eight hours shall constitute a legal day 's work for all classes of employees employed by the Municipal Corporation of the City of Wilmington. Sec. 2. That each contract to which the municipal cor- poration of the City of Wilmington is a party which may in- volve the emplojanent of laborers, workmen or mechanics shall contain a stipulation that no laborer, workman or me- chanic in the employ of the Municipal Corporation of the City of Wilmington, contractor, sub-contractor, or other person do- ing or contracting to do the whole or a part of the work con- templated by the contract shall be required to work more than ACTS OF THE GENERAL ASSEMBLY. 547 eight hours in any one calendar day, except in cases of extra- ordinary emergency caused by fire, flood or danger to life or property. Sec. 3. That the wages to be paid for a legal day's work ^^ITess°*' as hereinbefore defined to all classes of such laborers, workmen ^.atnngTrate or mechanics, upon all such public work or upon any material •"y^^-he'J.e^'' to be used upon or in connection therewith shall not be less ^^'"'k is done. than the prevailing rate for a day 's work in the same trade or occupation in the locality in the State where such public work, on, about or in connection with which such labor is performed in its final or completed form is to be situated, erected or used. Each such contract hereafter made shall contain a stipu- ^t*ipu^lte *^° lation that each such laborer, workman or mechanic employed ^'^ses. by such contractor, sub-contractor or other person on, about or upon such public work shall receive such wages as hereinbe- fore provided. Each contract for such public work hereafter made shall contain a provision that the same shall be void and void unless of no effect unless the person or corporation making or per- ®° made, forming the same shall comply with the provisions of this Act ; and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the Munici- pal Corporation of the City of Wilmington pay the same or authorize its payment from the funds under his charge or con- trol to any such person or corporation for work done upon any contract which in its form or manner of performance \dolates the provisions of this Act. . Sec. 4. That any officer, agent or employee of the ^lu- penalty for nicipal Corporation, of the City of Wilmington, having a duty ®"^^^"'" °^- to act in the premises, who violates, evades, or knowingly per- mits the \aolation (of)^ evasion of any of the provisions of this act, shall be guilty of malfeasance in office and shall be suspended or removed by the authority having the power to appoint or remove such officer, agent or emploj'ee, otherwise by the Governor. Any citizen of this State may maintain pro- ceedings for the suspension or removal of such officer, agent or Printed as enrolled. 548 ACTS OP THE GENERAL ASSEMBLY, Exemption. employee or may maintain an action for the purpose of secur- ing the cancellation or avoidance of any public contract which by its terms or manner of performance violates this Act or for the purpose of preventing any officer, agent or emploj^ee of such municipal corporation from paying or authorizing the payment of any public money for work done thereupon. Sec. 5. This act shall not apply to the policemen, park guards, watchmen, or special officers of any kind. Approved April 7, A. D. 1903. 24D. L. 134. AN ACT Authorizing CoiDities, Jlhinicipalities and Corpora- tions to Donate Money, Land and Other Valuable Things for the Improvement of the Organized Militia of Dela- ivare. Any muni- SECTION 1. That from and after the approval of this Act, avfthorized to ^^y county, municipality or corporation in this State, may, &c".^to or-^^' and the same are hereby authorized and empowered to appro- nfimla^^ priate («) money out of the treasury of such municipality, county, corporation or to donate any other valuable thing, or to grant ar lease any laud belonging to them, for the purpose of aiding in the improvement of the Organized Militia of Dela- ware. (a) As to appropriations, generally, by a municipality or county, see Art. VIII, Sec. 8 of the Constitution of "l897. Donor may direct use of gift. Sec. 2. That the mone}^ so appropriated, or other valu- able thing donated, or the land so granted or leased shall be appropriated, donated, granted or leased to the State Military Board, and expended or disposed of by said Military Board in such manner, and under such conditions, as the donor may direct. Approved March 29, A. D. 1907. 24 D. L. lir ^AN ACT in Relation to Dogs Registered in Incorporated Towns and Cities in New Castle County. Section 1. That every person residing within the limits 1. See Ordinances, passed February 16, 1865, and June 27, 1895, p. 975 this volume. ACTS OF THE GENERAL ASSEMBLY. ' 549 of any incorporated Town or City in New Castle County and ^o|| ^^gk^-^ owning any dog or dogs, whether male or female, which have ^gc/Jred"' been assessed or registered in accordance with any law or ordi- property, nance of such Town or City and who have paid a tax or reg- istration fee thereon shall have property (^) in the same and be entitled to sue for and recover any damages that may ac- crue in consequence of the loss or injury thereof. (a) As to registration of dogs, and when one has property in the same, see pages 548, 975 and 977 this volume. Sec. 2. This Act shall be taken and deemed to be a pub- lic Act and printed as such. Approved March 1, A. D. 1907. AN ACT to amend Chapter 411, Volume 14, Laws of Deia- 24 d. l. 305. ware, entitled " An Act to Protect the People from the Dangers resulting from the use of Petroleum, Coal -Oils and Burning Fluids," hy Increasing the Fire Test and providing for the method and manner of making such tests, and hy tvliom such tests shall he made. Section 1. That Section 1 of the said Act be and the chapter 411, ... n n • T • 1 Volume 14, same is hereby amended by striking out all of said section and amended, inserting in lieu thereof, the following : "Section 1. That on and after the first day of July next, paie of cer- ■^ '' ' tain coal oil it shall not be lawful to sell, or offer for sale, within the limits prohibited, of this State, any kerosene, headlight or other oil for illumi- nating purposes produced from petroleum, which will not bear the fire test of at least one hundred and fifteen (115) de- grees Fahrenheit. Said fire test shall be determined by the ,,p,ij,g^gg^ „ use of the Tagliabue instrument or apparatus in method and ^^°^ made. manner as follows: Partially fill the metal cup with water about sixty (60) degrees Fahrenheit temperature, leaving room for displacement by the glass oil cup ; fill the glass oil cup with the oil to be tested, to within one-quarter (^) of an inch of the top of the cup, remove all oil from the top edge of the cup, using soft paper for such purpose; see that surface of oil in the cup is free from air bubbles; suspend the thermometer with the bulb just below the surface of the oil; heat with a 550 ACTS OF THE GENERAL ASSEMBLY. small alcohol flame ; when the thermometer indicates one hun- dred (100) degrees Fahrenheit; remove flame and allow tem- perature to run up to one hundred and three (103) degrees Fahrenheit : at which point try :for flash with small bead of fire on the end of a string, or otherwise, held not less than one- quarter (-1) of an inch above the surface of the oil; if the oil does not flash, or if it flashes and does not continue to burn, replace flame, work temperature up four (4) degrees Fahren- heit more, then remove flame, allow temperature to run up three (3) degrees Fahrenheit more and again try to flash; if the oil flashes, or if it flashes and does not continue to burn, repeat this operation until one hundred and fourteen (114) degrees Fahrenheit are reached, at which point, if the oil does not flash, or if it flashes and does not continue to burn, it shall be deemed and considered as of not less than one hundred and fifteen (115) degrees fire test; but the oil thus tested shall not be cleemed or considered as of not less than one hundred and fifteen (115) degrees fire test if it flashes and continues to burn at one hundred and fourteen (114) degrees Fahrenheit, or at a lower temperature. The temperature in making the test as above set forth shall not be raised or allowed to rise in any instance faster than two (2) degrees Fahrenheit per minute. ' ' Sec. 2. That Section 2 of said Act be and the same is hereby amended by striking out all of said section and insert- ing in lieu thereof, the following : state Chem- ist to make said tests. Proviso. Sample, quantity of and how delivered. Fee for test. ''Section 2. That it shall be the duty of the State Chemist of this State to make tests in the method or manner as provided in Sectioji 1 of this Act, to determine the fire test of any sample of kerosene, headlight or other oil for illumi- nating purposes produced from petroleum, sold or offered for sale in this State, which any citizen thereof may forward to the State Chemist for such test ; provided that each sample so sent shall not be less in quantity than one (1) pint, and shall be forwarded by express, charges prepaid, contained in a glass, earthen or metal receptacle which has not been used to contain any other substance, securely sealed and accom- panied by a fee of one dollar; and if such sample stands the ACTS OF THE GENERAL ASSEMBLY. 551 legal fire test above described, and will not burn below one hundred and fifteen (115) degrees Fahrenheit, the State Chemist may retain said one dollar as a fee, but in event of said sample failing to stand said legal test, by burning below ^a^iJ)''^""^ one hundred and fifteen (115) degrees Fahrenheit, the said one dollar shall be returned to the sender, and a fee of ($5.00) five dollars charged against the dealer from whom said sample has been obtained, which shall be collected in the same manner as fines are collected, subject to the same rights of appeal. The State Chemist shall have the right to take from any state Chem- ^ '' 1st may reservoir, tanl<:, barrel, can or other receptacle in this State sample any ' ' ' _ ^ _ receptacle used for holding or storing kerosene, headlight or other oil for ^^'e test. for illuminating purposes produced from petroleum, a sample not exceeding one (1) pint from any such receptacle, for the purpose of submitting and subjecting such oil to a fire test as herein pro\aded in Section 1 of this Act. It shall be the duty of the State Chemist when a sample Duty of so tested, of kerosene, headlight or other oil for illuminating ist to report purposes produced from petroleum shall be found to be of a General fire test less than that required by the provisions of this Act, dealer seii- to report the fact to the Attorney General' of this State, giving legai test. the name of the owner or owners of the oil in any reservoir, tank, barrel, can or other receptacle from which the sample so tested was taken, together with a certificate sho^nng the result of such fire test ; and it shall be the duty of the Attornej^ Gen- eral of this State, upon receipt of such report and certificates torney Gen- f rom the State Chemist, to proceed under the provisions of this prosecute. Act in a court of competent jurisdiction against the owner or owners of such kerosene, headlight or other oil for illummar- ing purposes produced from petroleum, from which the sample so tested was taken, if such owner or owners be individuals, and against the officers thereof if the owner of such oil be a domestic corporation, and against the resident agent in this State if the owner of such oil be a foreign corporation or non- resident individual or copartnership; and the penalty for . 1 .. J. -, . . n • Penalty for Violating anj^ oi the provisions of this Act shall be, upon con- violation of ' ^ Act. 552 ACTS OF THE GENERAL ASSEMBLY. viction, a fine of not more than two hundred dollars, in the discretion of the Court. ' ' Approved March 15, A. D. 1907. 24 D. L. 318. AN ACT Authorizing the Regulator of Weights and Measures in and for New Castle County to Inspect, and Stamp Cans used for the Shipment of Milk and Cream. Regulator of SECTION 1. It shall be the duty of the Eegiilator of Measures to Weights and Measures in and for New Castle County, to in- cans. spect, wlien requested so to do, by the owner or owners thereof, all cans used for the shipment of milk or cream, and to stamp on each can so inspected by him, in letters three-eighths of an inch in height, a mark of inspection, showing by whom in- spected and its capacity in quarts, according to the standard measure for milk and cream in this State at the time of such inspection. Compensa- tion of Regulator. Sec. 2. For inspecting each can and stamping, as pro- vided in Section 1 of this Act, the said Eegulator of Weights and Measures, in and for New Castle County, shall be paid by the owner or owners thereof at the time of such inspection, the sum of Ten Cents. Approved March 29, A. D. 1907. 24D. L. 319. ^,Y ACT to Determine the Standard Measure of Milk and Cream in this State. standard measure for mil. Section 1. That from and after the approval of this act, the standard measure of milk and cream in this State shall be fifty-seven and seventy-five one-hundredths cubic inches for each and every quart thereof; and when sold, with no special agreement as to the measurement thereof, the quart shall con- sist of fifty-seven and seventy-five one-hundredths cubic inches. Approved March 4, A. D. 1907. ACTS OF THE GENERAL ASSEMBLY. 553 AN ACT to Authorize the Mayor and Council of Wilmington -^ ^- l- sis. to Exact Licenses for the Opcraiion of Fool Rooms, Bil- liard Booms and Bowling Alleys. Section 1. That the Council of the Mayor and Council To provide of Wilmington be and it is hereby authorized to adopt ordi- censing of • TfiT • P public bll- nances providing for the licensing or pool rooms, pool tables, Hard and bowling alleys, billiard rooms and billiard tables, -^open to pub- lic use within the City of Wilmington, and said Council may make all necessary rules and regulations and provide neces- sary penalties for the enforcement of such ordinances and the Penalties. collection of such license fees. Fees. Approved April 5, A. D. 1909. AN ACT Repealing All Acts Directing Appropriations to he Made to the Several Fire Companies of the City of Wil- mington, and Authorizing the Council of Wilmington to Contract ivith Fire Companies for the Protection of Prop- erty Against Fire. Section 1. That Section 68, Chapter 207, .Volume 17 ; certain Acts Section 1, Chapter 177, Volume 18 ; Chapter 95, Volume 20 ; ^^^'^^ ^ Chapter 549, Volume 20 ; Chapter 554, Volume 20 ; Section 8, Chapter 556, Volume 20 ; Chapter 560, Volume 20 ; Section 2, Chapter 109, Volume 21 ; Chapter 174, Volume 22 and Chap- ter 399, Volume 22, Laws of Delaware, and all other Acts or parts of Acts authorizing and directing appropriations of money by the Council of the City of Wilmington to or for any of the Fire Companies of said City or for ambulance service be and the same are hereby repealed. Sec. 2. That from and after the passage of this Act, the Mayor and Council of the Mayor and Council of Wilmington are hereby powered^to' authorized and empowered to make annual contracts, («) f or ™on^ra^c"s.^^^ the protection of all property in the said City of Wilmington against fire with the several fire companies of the City of Wil- mington and State of Delaware now in existence, or hereafter created, and recognized by the Council as a part of the fire de- partment of the said City of Wilmington ; the amount allowed ^™ed^n^he by said contract with any company shall be in the discretion of of^coimcn 55-4 ACTS OF THE GENERAL ASSEMBLY. Proviso. ^i^Q Coimcil; provided, however, that the amount named in said contract shall not be less than the amount now appropri- ated by the Council to the respective companies.^ (a) Under Sec. 68 of the Charter of 1893, "The Council" used to make appropriations to fire companies. Sec. 3. All Acts or parts of Acts inconsistent herewith are hereby repealed and this Act shall be deemed and taken as a public Act. Approved April 7, A. D. 1909. AN ACT Defining Motor Vehicles and Providing for the Beg- istration of the Same and Uniform Rules Regidating the Use and Speed Thereof. That, except as hereinafter provided, no public Motor ve- SECTION 1. hides must • i i be regis- motor Vehicle shall be operated or driven upon anv tered. . . " street, road, turnpike or highway m this State until the said motor vehicle shall have been registered with the Secretary of State. Renewed annually. Application shall contain name, ad- dress and description of motor. How made. Fee for registration. Registration certificate. Sec. 2. Every resident of this State who is the owner of a motor vehicle, and every non-resident, except as hereinafter provided, shall, annually, apply to the Secretary of State for the registration of the said motor vehicle. The application shall contain the name, place of residence and correct post- office address of the owner, with a brief description of the motor vehicle, stating the name of the maker, manufacturer's number and character of the motive power and rated horse power. The said application shall be made upon a blank pro- vided for the purpose by the Secretary of State. It shall be signed by the owner and shall be verified by oath or affirma- tion. Upon receipt of the application and a fee of three dol- lars for a motor cycle and a fee of five dollars for any other motor vehicle, the Secretary of State shall register the said motor vehicle -in a book to be kept for that purpose, and shall 1. For amounts of appropriations to Fire Companies prior to this Act, see appendix. ACTS OF THE GENERAL ASSEMBLY. 555 issue to the owner a registration certificate and the Secretary ^"^'-"^^ of State at the expense of the State shall provide two number tags containing the registration number, the figures of which shall not be less than five inches in height, and the abbreviated name of the state and the year. Provided, however, that non- residents of this State shall be entitled to the same exemptions ^/^non-resl- from the provisions of this Act as are granted to the citizens dents, of this State by the laws of the State in which said non-resi- dents reside. The fees provided for by this Act shall include all the aii fees included. fees due the Secretary of State upon any license or certificate provided for by this Act. Sec. 3. No motor vehicle shall be operated upon any pub- lic street, road, turnpike or highway unless the number tags Number are carried conspicuously, one on the front and the other on ^"nt and" the rear of the motor vehicle in such manner that they may be veMc°ie. easily' read. They shall be parallel to the axles of the motor vehicle, and shall be kept free from oil, grease, dirt or other substance likely to impair their legibility ; and between one luminated' hour after sunset and one hour before sunrise, the rear num- tlfiTiiours^^' ber tags shall be illuminated so that the number can be plainly distinguished when the motor vehicle is in use. Provided that when used upon the motor cycle the number tags shall be at- tached so that they may be plainly read from both sides of the tached*to said motor cycle instead of being attached to the fronts and ™°^°^^^^'®' rear ; and provided further that the requirements as to illumi- nating the rear number tag shall not apply to motor cycles. Not more than one set of number tags shall be displayed upon any motor vehicle, except as provided in Section 2 for non- residents. No owner or operator of any motor vehicle shall be owner or subject to fine or arrest when one number tag is missing, pro- subject^" ° vided he makes affidavit that the same has been lost or removed ^"^ °^^ arrest without his knowledge or consent, and that he will promptly provide a new tag. Sec. 4. No person, except as provided for non-residents Must obtain in Section 2, shall operate a motor vehicle other than a motor ^ i'^*^"®®- cycle, upon the public streets, roads, turnpikes or highways of 556 ACTS OF THE GENERAL ASSEMBLY. this State unless he has first obtained from the Secretary of No license State a license. («) No license shall be issued to, nor shall any issued to any ^ •' . one under 1^6 motor Vehicle be operated by any person under sixteen years A ication ^^ ^o®' -^PP^ications for license shall be made in writing upon how made, a blank furnished by the Secretary of State, and shall contain the name of the applicant, his place of residence, including City or Town, street and number, and his post-office address, and shall state that he is over sixteen years of age and is quali- fied to operate a motor vehicle. It shall be signed by the ap- plicant's own hand and vertfied by oath or affirmation. Upon receipt of the application and a fee of five dollars, the Secre- tary of State shall issue to the applicant a license. The license shall contain the licensee's name and residence, and the date and number of the license, and shall be carried b}^ the licensee at all times when operating a motor vehicle. (a) In the case below cited, the Court held that if one operated a motor car without a license as prescribed in the above section, it was negligence per se. Cecchi vs. Lindsay, 1 Boyce 185 at 189. (yr. 1910) May be is- sued at any time, but ceases to be effective at end of year. Certificate not trans- ferable. Registration shall expire upon trans- fer of owner- ship. Shall notify Secretary of State and re- turn certi- ficate. Old number restored within two months. Sec. 5. Motor vehicles may be registered and licenses is- sued at any time during the year, but all registration and li- censes shall cease to be effective on the thirty-first day of De- cember of the year issued. A registration certificate or license issued to one person shall not be transferred to another person, and no operator's license shall be issued to a firm or corpora- tion nor in the name of more than one person. Upon the trans- fer of ownership of any motor vehicle, its registration shall ex- pire, and it shall be the duty of the person in whose name such vehicle is registered to immediately notify the Secretary of State of the name and address of the new owner, and to return to the said Secretary of State the registration certificate for the vehicle so transferred. Should the original owner make application for the registration of another motor vehicle with- in the period of two months, accompanied by a fee of one dol- lar, he shall be assigned the number previously issued to him. turers or' ^^^- ^- Motor vchiclcs, operated by manufacturers or regis^'er^kf^' dealers for the purpose of testing or selling, shall be exempt class "^^'^'^^' fi'om the necessity of individual registration, provided said manufacturer or dealer registers with the Secretary of State ACTS OF THE GENERAL ASSEMBLY. 557 in the "dealer's class." Application for such registration ^^PPJI^^^j^i*'" stating the number of cars to be registered, shall be made upon ^ow made, a blank provided for the purpose by the said Secretary of State which shall state the name and business of the applicant, and shall be verified by oath or affirmation. Upon receipt of the application and a fee of five dollars for each car to be reg- istered, the Secretary of State shall issue to the applicant a certificate of registration, and the manufacturer or dealer shall provide a pair of number tags which shall contain num- bers of registration in figures not less than five inches in height, the year and the words "Delaware Dealer." Such ear shall be operated only by licensed drivers who shall have au- thority to operate motor vehicles bearing the said tags for test- ing or demonstrating purposes or for hire. Sec. 7. No person when intoxicated shall operate a motor No intoxi- vehicle under penalty of a fine of not more than One Hundred ^J^t^fJ person ^ _ '' shall operate Dollars or imprisonment not exceeding thirty days, or both, motor ve- An\ Justice of the Peace of the State or the Judge of the ]\Iu- ^ ^. ° Justice of nicipal Court of the City of Wilming-ton shall have power and the Peace, or jurisdiction to hear and determine the offense created by this Municipal •^ Court, shall section. have juris- diction. Sec. 8. No person having been licensed shall operate a shaii operate motor vehicle under another license, nor operate an unregis- iicense^and^^ tered motor vehicle. No motor vehicle shall be operated under any other number than that of its own registration. Sec. 9. Every motor vehicle shall be provided when in Motor ve- '■ hlcle shall use with good and sufficient brakes, and with a horn, bell or have proper . . . ■ brakes and other signal device, («) which shall be sounded whenever neces- signal. T „ p ■ White and sary to insure the safety or other uses of the highway". Motor red lights, vehicles shall, from one hour after sunset until one hour before sunrise show at least one white light visible not less than two hundred feet in the direction toward which the motor vehicle is proceeding, and one red light shall be sho\\Ti visible in the opposite direction. (fl) Section 9 of the above Act -was Sec. 4 of the Act of 23 D. L. Ch. 123. In speaking of it the Court said: Boyce, J.: "If you find that the plaintiff was unfamiliar with the safety appliances, and by reason thereof failed to use in 558 ACTS OF THE GENERAL ASSEMBLY. T'se of chains pro- hibited, ex- cept when necessary. a reasonable and ijrudent manner the brakes of his automobile to prevent a collision with the ear * * he was guiltv of negligence,'' &c. Garrett vs. Peoples Ey., 6 Penn. 29 at 34. (jr. 1906) Sec. 10. The use of chains on the wheels of motor vehicles is prohibited, except on highwaj^s of natural dirt, plank, asphalt, cobble, brick, Belgium block, or on at least one inch of ice or hardened snow, except in cases where the condition of other highways is such as to render their use necessary for the safetj^ of the users of the highway. Reasonable warning of approach shall be given. In case of injury to persons or property operator shall stop, and upon request give name and address. Motor shall be stopped at request or upon signal. Sec. 11. Upon approaching any person walking upon the public highways, or a horse, horses, or other draft animals be- ing led, ridden or driven, the operator of the motor vehicle shall give reasonable warning («•) of his approach and use every precaution to avoid injuring such person or frightening such animals, bringing his motor vehicle to a stop, should such ani- mals appear to be unmanageable, stopping his engine, if the occasion require it, until such animals (have) had sufficient time to pass. In case of injury to person or property due to the operation of a motor vehicle, the operator of said vehicle shall stop, and upon the request of the person injured, or in w^hose custody such property then was, give his name and ad- dress, and that of the owner of said motor vehicle. (a) The law as to the degree of care one should use in operating an automobile, is laid down as follows: Penneicill, C. J.: " The owner of an automobile has the same right as the owner of other vehicles to use the high- ways or streets of a city, and like them he must exercise reasonable care and caution for the safety oi others. * * It is the duty of the person operating an automobile * * to move it at a reasonable rate of speed, and cause it to slow up or stop if need be, where danger is immi- nent," &c. Hannigan vs. Wright, 5 Penn. 537 at 540-1. (yr. 1905) In speaking of the chauffeur, in the above ease, the Court said: ' ' The acts of the chauffeur, in operating an automobile, within the authority of his emploTOient, are the acts of a servant. The relation of master and servant exists between the chauffeur and his employer, and the rules of law applicable to that relation apply. ' ' id 540. See, also, on the question of the owner's Liability for the acts of his chauffeur, the case of Suneone vs. Lindsay, 6 Penn. 224 at 299. (\t. 1907) Sec. 12. Every person driving a motor vehicle shall, at request or upon signal by putting up the hand or otherwise from a person riding or driving a horse or horses in the oppo- site direction, cause the motor vehicle to stop and remain sta- ACTS OF THE GENERAL ASSEMBLY. 559 tionary so long as may be necessary to allow said horse or horses to pass on. Sec. 13. Whenever a person operating a motor vehicle, or any person riding, driving or leading a horse, horses or other draft animals, shall meet anv other vehicle or other Motors and ' - other re- draft animals, the operators, drivers or person having s^-^ch wcies^siiau animals in charge, shall reasonably turn to the right («) of the right upon ° ' ^ o V / approaching center of the said highway, so that such vehicle or animals each other. maj- pass without interference, and the driver of any vehicle overtaking any other vehicle or draft animals being led, rid- den or driven upon any public highway, shall pass to the left thereof, the driver of such vehicle or persons having charge of such animals so overtaken shall turn to the right of the center .of the road to allow free passage to the left. (a) As to the general law of the road * " i. e., iu regard to keep- ing to the right, see p. 200 of this volume. Sec. 14. The following rates of speed may be maintained Rate of but not exceeded. Upon any public street or highway where ^"^^^ the buildings are less than an average distance apart of one hundred feet, a rate of speed of one mile in five («) minutes shall be permitted, but not exceeded, which, however, shall be reduced to the (rate) of one mile in ten minutes at curves and at intersections of other streets or highways. Upon any public street or highway where the buildings are of greater distance apart than one hundred feet, at a rate of speed of one mile in three minutes shall be permitted, but not exceeding, but this rate of speed shall be reduced to one mile in five minutes at all curves, intersecting roads, in descending steep hills, and in passing other vehicles, providing that nothing in this section shall permit any person to drive a motor vehicle at a greater rate of speed than is reasonable, ha^^ng regard* to the traffic, or so as to endanger the safety of any person or injure the prop- erty of anv person ; provided further, that motor vehicles used certain mo- *'-■''•' tors exempt as ambulances, or bv physicians responding to emergency f^'om. the 7 „ X .' X o ^ e/ provisions calls, or motor vehicles used by the police, fire department or of this Act. military when in the performance of duty, are exempt from compliance with the provisions of this section. (a) The prior law contained in 23 D. L. Ch. 23, See. 4, made the 560 ACTS OF THE GENERAL ASSEMBLY, Shall stop at the re- quest of constable or police officer. Constables and police officers may arrest. Magistrate may accept money or article of sufficient value, in lieu of bail. May hold motor. Fine im- posed for violating the provisions of the Act. speed ' ' one mile in seven minutes. ' ' The Court, in the case below cited, set out the section referring to the speed of automobiles, and said : Boyce, J.: "If you find that the plaintiff * * was driving Ijis automobile at a greater rate of speed than one mile in seven minutes, throiigh a built up portion of the City of Wilmington, where the houses are, and average less than one hundred feet apart, * * he was guilty of negligence," &c. Garrett vs. Peoples Ey., 6 Penn. 29 at 34. (yr. 1906) Sec. 15. All operators of motor vehicles shall, upon re- quest or signal of any constable or police officer, stop and ex- hibit their registration certificate or license, and shall furnish to any legally constituted authority all information in their possession as to the identity of the operator or owner of any motor vehicle. Sec. 16. The constables and police officers of any city, town or county of this State may arrest upon view and with- out warrant any person or persons violating any of the pro- visions of this Act. In the event of an arrest as aforesaid, if the defendant is unable to give sufficient bail for a hearing or for his appearance at Court, the magistrate before whom he is first taken may accept a forfeit, conditioned upon the de- fendant's appearance as aforesaid, a sum of money equal in amount to the maximum fines which could be imposed under the provisions of this Act, and the costs, or in lieu of such bail or forfeit may accept any article, of sufficient value, or hold in custody the motor vehicle found in the possession of the de- fendant ; and such magistrate, after the trial of the defendant if not sufficient bail according to law has been given in the meantime, shall make such order as to the disposition of such motor vehicle or other articles as to him shall seem just and proper. Sec. 17. Any person violating any of the provisions of this Act, shall be subject to a fine of not less than ten nor more than twenty-five dollars to be collected by summary conviction before any Mayor or Justice of the Peace or Judge of the Mu- nicipal Court of the City of Wilming-ton as like fines and penalties are now by law collectible ; or in case of non-payment ACTS OF THE GENERAL ASSEMBLY. 561 of a fine to undergo an imprisonment for a period not exceed- non-payment ing ten days. Any person or persons who have been previ- j^y".*"-^" ously convicted before a IMayor, Justice of the Peace of this prisonment. State, or Judge of said Municipal Court, of any violation of the provisions of this Act, upon commission of a second or sub- sequent offense within a period of six months shall be sen- penalty in- tenced to pay a fine of not less than twenty-five dollars nor ^^econ'^fir '" more than one hundred dollars, and in case of non-payment of o^en^sT^"* such fine to undergo an imprisonment for a period not exceed- ing twenty days. Sec. 18. Any person who has been previously convicted Penalty fur- •' ^ . ther m- of any violation of the provisions of this Act upon the com- creased for •-IP- 1111 third, of- mission of a third offense withm a period of six months shall fense. be sentenced to paj^ a fine of not less than one hundred dollars nor more than two hundred dollars, or imprisoned for a period not exceeding three months, or both, in the discretion of the Court. Upon the certification of the Secretary of State by any Mayor, Justice of the Peace or said Judge of a third con- viction for violation of the provisions of this Act in any one 3'ear, the license issued to such person so convicted may im- mediately be revoked by the Secretary of State, and shall not ^ . "^ ^ J 1 License may again be reissued for a period of one year after such revoca- be revoked, tion. Sec. 19. Any person convicted under the provisions of Any person this Act shall have the right to an appeal to the Court of Gen- may appeal. eral Sessions of the County upon giving bond in the sum of five hundred dollars to the State with surety satisfactory to the IMayor, Justice of the Peace or Judge before whom such person was committed. Such appeal to be taken and bond given within two daj's from the time of conviction. Sec. 20. The term "motor vehicle" as used in this Act ^moto? ve- shall apply to all wheeled vehicles operated by any form of ^ned. ^^' engine, motor or mechanical power, excepting road rollers, traction engines and vehicles which move upon or are guided by a track. 562 ACTS OF THE GENERAL ASSEMBLY. Sec. 21. The revenue derived from the registratiori of Revenue to be paid to State Treas- motor Vehicles and the licensing of operators thereof under urer. the provisions of this Act shall be paid to the State Treasurer. Licenses to Sec. 2-2. That all registration and licenses in effect at the continue in . o • efEect until time of the approval of this Act shall continue in force until the first day of January, A. D. Nineteen Hundred and Ten. Chap. 124, Sec. 23. That Chapter 124 of Volume 23, Laws of Dela- Vol. 23, and ^ ' Chap. 144, ware, and Chapter 144 of Volume 24, Laws of Delaware, be Vol. 24, ' ^ ' ' repealed. and the same are hereby repealed. Approved April 29, A. D. 1909. 22D. L. 248. -^^ ACT in relation to Peddlers ivithin the County of New Castle. Jurisdiction of offense under this Act. Sec. 10. All violations of this Act and offenses against same are misdemeanors, and the JNIunicipal Court of the City of Wilmington and the Justices of the Peace in and for New Castle County shall have jurisdiction to hear, try and deter- mine them or any of them upon information lodged therein by the Attorney General of this State, his Deputy, or the prose- cuting officer of the Municipal Court or any other person un- der oath. Approved March 8, A. D. 1901. PART IV Ordinances OF THE City of Wilmington, Delaware OEDINxVNCES. 565 ORDINANCES As Amended and in Force January 1st, A. D. 1910. CHAPTER I ORDINANCES RELATING TO CITY OFFICERS. Page ■1. Clerk of Council 566 20. 2. City Auditor 568 3. City Auditor's Salary 571 21. 4. Salary for City Auditor's ': 22. Clerk 571 ; 23. 5. Providing a Bond for Au- 24. ditor's Clerk 572 '< 6. Defining Duties and Fix- i 25. Ing Salary of City Soli- I citor 572 1 26. 7. Fixing Compensation of | City Solicitor When Away | 27. on City Business 574 i 28. 8. Concerning Duties of City Treasurer 575 9. Fixing Salary of City ' 29. Treasurer's Clerk 576 10. Bailiff of Council 577 30. 11. Building Inspector 578 12. Providing for the Num- 31. bering of Houses 579 13. Empowering Building In- 32. spector to Employ Assist- ant 580 14. Amending an Ordinance 33. Providing for the Num- bering of Houses 581 34. 15. Additional Provisions as to Above Requirements... 582 35. 16. Providing for the Num- bering of Houses Within 36. Certain Limits 583 17. Corders and IVIeasurers of 37. Wood 584 18. Regulating the Weighing 38. of Hay and Other Articles 586 39. 19. Inspector of Oils and Flu- ids 588 I 40. Page Inspectors and IVIeasurers of Lumber 591 Plumbing Inspector 592 Gas Inspector 592 Regulator of City Clock.. 598 Assessors' and Collectors' Clerks 599 Janitor of Municipal Court Room 600 Superintendent of Fire Alarm Telegraph 600 Registry Clerk 601 Salaries of Assistant En- gineer, Registry Clerk and Rodman 602 Qualifications of Assistant City Solicitor 603 Salary for Assistant City Solicitor 603 Salary for Deputy City Judge 604 Salaries of Executive Of- ficers of the Board of Health 604 Appointment of Secretary to the Mayor 604 Providing for the Election of Two Rodmen 605 Salary of Clerk of Muni- cipal Court 606 Salary for Clerk of Coun- cil 606 City Solicitor's Stenog- rapher 606 Members of Council 607 Unexpired Terms of Of- fice 607 Salary of Certain Officers 608 566 ORDINANCES. Election of Clerk. CLERK OF COUNCIL. AN ORDINANCE providing for the appointment and pre- scribing the duties of the Clerk of the Council. Section 1. The Council of Wilmington, at its first stated meeting after the city election, shall elect a person to act as clerk. ^ Custody of records. Clerk's oflice. Nov. 13, 1873 List of papers kept by Clerk. He shall have under his charge the ordinances, records, muniments, and all other papers of this city, and shall safely keep the same. The northwest chamber on the second floor of the City Hall shall be his office, and he shall keep the said ordi- nances, records, muniments and papers deposited therein, [or in the fireproof safe in the office of the City Treasurer, No. 8 East Sixth street,] unless otherwise ordered by the Council. A list of said papers, stated alphabetically, shall be signed by every clerk on entering upon his office, and kept by the President of Council. Duty in re- lation to furnishing copies of records. Penalty. On the expiration of his office the papers shall be exam- ined and compared with the list delivered to his successor. He shall, upon the application and the payment or tender of a fee, at the rate of one cent for every line of twelve words, and twenty-five cents for his certificate, duly make, certify and deliver a copy of any paper under his charge as aforesaid, upon pain of forfeiting, in case of every default, a fine of thirt}^ dollars. It shall be the duty of the clerk, upon the passage of every appropriation ordinance, to open separate accounts with the several heads of the general appropriation, and charge Duty relative them with cvcrv Order or note drawn on account of said head, to appropria- '' . . tion ordi- before said orders or notes are delivered. He shall credit each nance. 1. For time of election and term of office of Clerk of Council see Act of May 3, 1893. See p. 157 of this volume. ORDINANCES. 567 appropriation, under its proper head, with all moneys returned to the city, through the Treasurer, which have been paid out on account of said appropriations, and shall aLso keep account of all other moneys paid to the Treasurer, as evidenced by the duplicate receipts, and he shall further report to every stated meeting of the Council the unexpended balances to the credit of each head of appropriation. All account books shall be preserved by the clerk, and ^c^c^ount *° handed over to his successor in office. books. On every order or note given by the direction of Council, Duty in re- he shall endorse in a legible hand the head of appropriation to deVs or° '^' ' which said order or note is to be charged by the Treasurer "°*^^- when paid, and for every neglect of the above mentioned duties he shall forfeit and pay a fine of ten dollars. It shall be the duty of the Clerk of Council to render to Duties in re- the said Council, annually, at the last stated meeting in De- g'tocks!" cember, an accurate list of all the stocks, credits and produc- orc1t\\ ^^^" tive property of the city. He shall, upon the passage of every ^uty in re- appropriation bill or ordinance changing such appropriation, jfropriation' give to the City Treasurer a list of the amounts thus appro- {^g^'s-'dupfi-' priated or changed. He shall, when the duplicate of the Col- ^ltoqu"n- lectors are made out, hand to the Treasurer a written state- ^^*^^ allowed, ment of the amount of each duplicate. He shall also, in every year, furnish a written statement to the Treasurer of the errors and delinquencies allowed to the Collectors by the Finance Committee, and for neglect of the aforementioned duties he shall forfeit and pay a fine of ten dollars. The Clerk of the Council shall enter upon the lien-book all Duty reia- money paid on account of curbing and paving sidewalks, and trles^on^nen paving beds of streets, («) and credit the account of the per-'^°°^" son by Avhom it was paid w^ith the same ; such entries to be made by the clerk within ten days after being furnished by the City Auditor with a statement of such payments. The Clerk of the Council shall furnish the Mayor of the city with a 568 ORDINANCES. copy of all ordinances, or parts of ordinances that it becomes the dut}^ of the Mayor to enforce. (^) Dec. 7, 18S2. Duty relat- ing to "Record" book. (a) The Street and Sewer Department, now, has charge of paving, curbing, &c. See Sec. 119 of the Charter. (&) It is the Mayor's general duty to see that all the ordinances of the city are ' ' enforced ' ' and executed. " * * and it shall be his ' ' (the Mayor's) "duty to take care to have the laws and ordinances of the said city faithfully executed." (Charter, Sec. 6.) [All resolutions passed by the Council that may be of value for future reference, shall be, bj^ the Clerk of the Coun- cil, recorded in a book kept in the Clerk 's office, styled ' ' Rec- ord. ' ' In said book there shall also be kept an alphabetical in- dex of all resolutions so recorded, denoting the pages on which they may be found of record.] Ordinance. Salary. The salar^^ of the said Clerk of the Council shall be [fif- juiy 25, 1908. tccn hundred dollars] per annum, and he shall receive no fur- ther compensation for copying the * * * ''annual state- ment, ' ' and such other writing or work as Council shall direct. All ordinances prescribing duties for the Clerk of Council, other than those mentioned herein, are hereby repealed. Passed at City Hall, January 1, 1857. CITY AUDITOR. See Charter, Sees. 37-38- 39. See also Act of April 18, 1883. 17 D. L. 412. Registry of certificates of city debt. AX OBDINAXCE for the appointment of City Auditor. Section i. * * * * Sec. 2. The said officer shall register, according to a pre- scribed form, the number of all transfers of certificates of city debt, their dates, the amount of them, by whom and to whom transferred, the number and amount of the new certificate, the time when it will become due and the date of the ordinance authorizing the loan. ORDINANCES. 569 The Auditor shall attest, under his hand, each new certifi- Certificates cate issued; and when any certificate shall be cancelled he shall write the word cancelled on it and sign his name as City Auditor thereto. Sec. 3. The City Auditor shall examine [weekh', or ordinance of '' Jan. 22, 1874. oftener if required by the Finance Committee,] all orders passed by the Council on the City Treasurer and compare them with acts of Council recorded in their minute book di- recting such orders. He shall also examine the accounts of the Examine or- ° ders and ac- Citv Treasurer as they appear on the Treasurer's books and counts, and ^ >■ '■ _ compare compare them with the vouchers thereof, and he shall examine with vouch- and compare the Treasurer's accounts of all money received by him with the duplicate receipt presented to Council. And should any irregularity or faultiness in the mode of keeping the Treasurer's books be found by the City Auditor, he shall report the same to Council. [He shall make weekly examinations of the accounts of Jan. 22, is74. * * * the Collector of Taxes with the following exception, ^,J2 . * * * those of the Collector of Taxes tri-weekl}^ dur- ing the montlis, of July, August and the first two weete in September, and he shall make report of his examinations to the Council at each stated meeting. 1 He shall make quarterly . , ° -* J, Report city's examinations of the lien book and report the amount of the claims. city's claim against all persons as recorded therein, and he shall annually report the amount of bonds and notes issued by the city and which remain unpaid. He shall annually lay before Council the indebtedness of 0? p^Jrlons^^^ all persons to the city which may have been presented by the respective committees or officers under whose direction the same occurred. If called on bv any of the standing committees of Council Audit ac- '' ° counts for he shall arrange and settle such accounts which they may re- committees, quire of him. Sec. 4. He shall be required to enter into bond * * * bond!^" to the amount of five thousand dollars. ******* |ee charter. 570 ORDINANCES. Monthly g^c 5. The Citv Auditor shall lav before the Citv Coim- statement to City Council, gjj ^^ \^^ f^^st Stated meeting in each and every month a state- ment of all moneys received or collected by him during the month next previous, setting forth the names of the persons, estates or properties paying or yielding the same, together with the dates of such receipts or collections and the sources respectively. Dec. 21. 1S65. [And sliall. in the months of ]\Iay and November of every o"books\°" year, submit his books and accounts to the finance committee vember to °' whosc duty it shall be to examine and report to the Council Committee. Concerning the same at its meeting during said months.] Collections gj^(. g rpj^^ q-^^. Auditor shall collect quarterly from the rlnllrs^ ^"*^ auctioueers the percentage due the city, and all rents, except- 1S62. the Council mav direct , ,„ ,,,, ing stall and water rents, and perform such other duties as Feb. 20. 1S62 ° June 4. 186S. Sec. 7. The City Auditor shall examine all bills against Examination the city and endorse them as correct before they are reported and endorse- ment of bills, to Council for payment. Books of Sec. 8. The City Auditor shall keep a book or books in counts.' which all accounts of the city shall be entered, keeping a debtor and credit account with all persons doing work for, or furnishing goods, or receiving a salary- from the city, or be- coming indebted to the city in any manner. Examination Sec. 9. The City Auditor shall make monthly examina- of thi Mu- tions of the docket of the [Clerk of the ]Municipal Court,] also docket and the accounts of the High Constable, each of whom shall render High Con- to the Auditor a specific account in writing monthly and col- coiiections lect from them fines, dues or costs that may be in their hands of fines and . . ' costs. accruing to the city. Monthly ex- He shall also examine monthly the accounts of the Clerk a^^o^unt^f" of the ^Market. Assessors and Collectors and Street Commis- Marke°t, As- sioucr, also attend to and require auctioneers to take out their Collectors! liccnscs regularly according to law. and report to Council on the first stated meeting of each month. ORDINANCES. 571 Sec. 10. [The office of the Citv Auditor shall be occupied J^n. 22. i874. "- ' ,, ^ The City Au- by the Auditor aloue. and he shall not be allowed to transact ditor shaii , . , . J.J, 1-1111 "ot transact anv other business therein during his omce hours, which shall any but city *' busiriGssin. be from 9 o'clock A. M. to 1 o'clock P. ]\1., and from 2 to 5 his office dur- in^ offiC6 o'clock P. M., and it shall be his duty to be in his office on all hours, business days during the aforesaid hours.] except when en- °^'^® ^°"'^^' gaged elsewhere attending to the duties of his office. Sec. 11. All moneys received by the Auditor shall be de- J''^"- 22. 18T4. posited by him in the bank in which the city accounts are kept, Smieys."^ to the credit of The ]\Iayor and Council of Wilmington, on the day they are received b}" him at as near the close of bank hours as possible, and he shall take therefor from the bank officers duplicate certificates of deposit, one of w^hich he shall deliver of deposit^^ to the City Treasurer immediately thereafter, taking duplicate receipts therefor, one of which receipts he shall forthwith transmit to the Chairman of the Finance Committee, and the other file in his office with the other certificates of deposit. Passed at City Hall, April 21, 1859. AX ORDINANCE providing a salary for the City Auditor. Section 1.^ That from and after the passage of this ordi- nance, the City Auditor shall receive a salary of Fifteen Hun- dred Dollars per annum ; the same to be payable at the same time, and in the same manner as the salaries of the other city" officials are now payable, to take effect July 1, 1908. Sec. 2. That all ordinances or parts of ordinances incon- sistent herewith be and the same are hereby repealed. Approved July 25, 1908. AN ORDINANCE providing a salary for the City Auditor's Clerk. Section 1. That from and after the passage of this ordi- salary of nance the City Auditor's Clerk shall receive a salary, of tor's cierk. 1. See Sec. 31, '-Third," p. 60, of the Charter. 572 ORDINANCES. Bond. Twelve Hundred Dollars per annum ; the same to be payable at the same time, and in the same manner as the salaries of other city officials are now payable, to take effect July 1, 1908. Sec. 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Approved July 25, 1908. AN ORDINANCE to provide for the bonding of the Auditor's Clerk. Section 1. That the Auditor's Clerk, hereafter to be elected, shall, within five days after his election, and before entering upon the duties of his office, («) give bond, with war- rant of attorney thereto annexed, in the sum of three thousand dollars, conditioned for the faithful performance, by the said clerk, of all the duties of his said office, and the faithful pay- ment to the proper city officers of all moneys belonging to the City of "Wilmington which may come into his hands. Passed at City Hall, May 7, 1885. (a) See the case of Pickering vs. Day, 2 Del. Ch. 33.3 at 334. (vr. 1866) And see Sec. 11 "a" of the Charter. See Sees. 40- 41 of Char- ter as amended. Duties of Citv Solici- tor. Give legal opinion. CITY SOLICITOR. AN ORDINANCE providing for the appointment, defining the duties and fixing the salary of a City Solicitor. Sec. 2. It shall be the duty of the said City Solicitor to draft all bonds, deeds, obligations, contracts, leases, convey- ances, agreements, and other legal instruments of whatever na- ture, which may be required of him by an ordinance or order of the Council, or which by any ordinance or order may be requisite to be done and made by the City of Wilmington, and which, by law, usage and agreement, the city is to be at the ex- pense of drawing. And further, that he shall, in all matters, do all and ever}- professional act incident to the office that may ORDINANCES. 573 be required of him by the City Government or by any stand- ing or special committee thereof, or by any ordinance or or- der ; and he shall, when required, furnish the Mayor, the mem- bers of the Council, or any standing or special committee of the Council, the Board of Health or any standing or special committee thereof, or any officer of the City Government or the Board of Health, who may require it in the official dis- charge of his duties, with his legal opinion on anj^ subject touching the duties of their respective offices. Provided, that Proviso. where, in his opinion, his advice given to any officer might prejudice the interest of the city in future settlements with said officer or his sureties, he may be at liberty to decline giv- ing his opinion to said officer. Sec. 3. It shall be the duty of said City Solicitor, at the request of the [Judge of the Municipal Court] to appear in behalf of the city when cases of violation of city ordinances are before the [Judge of the ^Municipal Court ;] it shall also be his duty to appear for the city in the State courts when such cases are taken to the State courts by writs of certiorari or otherwise; (") it shall also be his duty to take charge of all pi-ri • 1-11 -j^ Appearance suits m any of the courts oi this State m which the city or any for city in of its departments is a party ; it shall also be the duty to col- lect, by process of law, any or all debts due the city that may be placed in his hands for collection by order of the Coun- cil. (&) (a) As to other duties iu the Municipal Court, see Sec. 17 of the Charter. (b) The above ordinance was passed iu 1859, and The Council, then, by and through its committees, had full charge of all citv matters. It is different now, and it is the duty of the City Solicitor to act when re- quested so to do by the various Departments. Sec. 4. Whenever the corporation of said city shall de- Examina- sign to purchase any real property, the title papers shall be titi"es.°^ furnished to the City Solicitor, and no contract shall be made or money paid on account of such purchase, except under the advice of said Solicitor as to the title of the property in ques- tion, and the legal sufficiency of the deeds or other instru- ments intended to convey the same to the city ; and also that all bonds or other written instruments involving the interests ^^j^js.^'^^ °^ 574 ORDINANCES. Preparation of ordi- nances. of the city, to be executed by or passed to the Mayor or other officer of the corporation shall, before they are executed or re- ceived, as the case may be, have been examined and approved by the said City Solicitor. Sec. 5. It shall be the duty of the City Solicitor to pre- pare all ordinances, resolutions and memorials required of him by any committee of the Council, and in the preparation of or- dinances it shall be his special duty to so prepare them that they will not conflict with any ordinances still designed to be left in existence. Report to Council. Act of March 25, 1907, 24 D. L. 357. Salary. Sec. 6. It shall be the duty of the City Solicitor at the stated meeting of Council just previous to the expiration of his term of office, to report in writing to the City Council all the unfinished business in his department, including the names, grounds and stages of progress of all suits pending in which the city is a party or is interested, with the names and results of such suits affecting the city, as may have been decided or adjusted, and such other information as to the business of his department as he may think important or the Council may direct. Sec. 7. The salary of the City Solicitor shall be [twenty- five hundred dollars per annum] payable monthly. He shall not receive any additional compensation for services rendered the city, except when said services require his absence from the city.' (Original ordinance.) Passed at City Hall, June 30, 1859. Extra com- pensation. AN ORDINANCE to fix the compensation of the City Solici- tor when called by city business outside the city limits. Section 1. The City Solicitor whenever he is called by city business outside the city limits shall receive as compensa- tion in addition to his regular salary, his actual traveling ex- penses, and the sum of three dollars, ($3.00) per diem, as ex- tra compensation when called out of the city by the instruc- ORDINANCES. D i O tions of the Law Committee or the Council and at no other time. Passed at City Hall, June 23, 1887. CITY TREASURER. AX ORDIXAXCE concerning the duties of the City Treas- urer. Section 1. The City Treasurer shall furnish the Council the city at each stated meeting, a statement of all moneys received by ggg a.iso him during the period between such stated meeting and the ^m^n^decf^ one immediately preceding; also a statement of the discount ff.'i|-.|o'^^' paid upon each note the city may have discounted in bank Furnish during said period. statements *= ^ .to the Coun- cil. Sec. 2. All moneys belonging to the city, which shall Deposit •^ ° ° •" moneys. come into the hands of the City Treasurer, shall be by hnn de- posited every day in some incorporated banking institution, or institutions in the City of Wilmington, in the name of The Maj'or and Council of Wilmington, and [he shall be required to take from the officers of said institution or institutions, cer- tificates of deposit in duplicate, in form provided by the Coun- • cil, one of which he shall deliver immediately thereafter to the City Auditor, taking duplicate receipts therefor, one of which he shall file in his office with the other certificates of deposit, of ^eposi\s^ and the other he shall deliver to the Chairman of the Finance jan. 22. 1874. Committee, and these moneys and all others in the city treas- ury,] shall be drawn out thereof only on an order signed by the President and Clerk of Council, and countersigned by the City Treasurer and City Auditor, or in case of the absence or moneys! temporary disability of either, then by such persons as the Council shall, by resolution, designate for such purpose, and the other three. ****** Sec. 3. The City Treasurer shall, before entering upon Bond, the duties of his office, "give bond as prescribed in Section (33) of the city charter, in the sum of twenty-five thousand dollars. 576 ORDINANCES. Sept. 25, 1873. gg(^_ ^ rj^-^Q YoovQ. [upoii the first floor of the building Office known as number 8, East Sixth street,] now occupied by the City Treasurer, shall in future be the office of the City Treas- jan. 22, 1874. hyq^^ uuless Otherwise directed by the City Council. [The of- offiee hours ^'^^ ^^ ^^^^ ^^^^ Treasurer shall be occupied by the Treasurer alone, and he shall not be allowed to transact any other busi- ness therein during his office hours, which shall be from 9 o'clock A.M., to 1 o'clock P. M., and from 2 o'clock to 5 o'clock P. M., on all ordinary business days.] Monthly Sec. 6. It shall be the dutv of the Citv Treasurer at the statements. end of each month, not later than the second stated meeting thereafter, to make a statement to Council in regard to the finances, giving the amount of money received, amount paid out, the amount of bills payable, the amount of orders on hand and unpaid, and anj- other information that maj^ be nec- essary to give Council knoAvledge of the state of the finances, so that they may not knowingly order w^ork done, when the state of the treasury will not allow it. [It shall also be the Jan. 22, 1874. ^^^^ ^f ^j^g Q^-^y Treasurer to keep a cash book, in which he shall enter his cash receipts and disbursements, and balance the same daily at the close of his business hours, detailing how said balance is made up.] Passed at City Hall, February 20, 1S62. Cash book. Salary. AX ORDIXAXCE fixing the salary of the City Treasurer's Clerk. Be it ordained by the Council of Wilmington : Section 1. On and after the passage of this ordinance the salary of the City Treasurer's Clerk shall be Twelve Hun- dred Dollars^ per annum to be paid monthly in the same man- ner as other city officers are paid. Sec. 2. All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed. Passed by Council July 22, 1909. 1. For the time of election and term of office of the Bailiif, see Act of May 3, 1893. supra, p. 157. ORDINANCES. 577 Returned to The Council unapproved by the Mayor with his reasons August 5, 1909. Passed by two-thirds («) vote of The Council August 5, 1909. (a) It would be better to state the number of votes cast for, and against, the bill. BAILIFF OF COUNCIL, AN OBDINANCE providing for the appointment, defining the duties and fixing the salary of the Bailiff of the Coun- cil. Section 1. The Council shall, at the first meeting after andTterm. the city election in every year, elect a person to act as Bailiff^ o-f the Council, to serve until the meeting, for the next annual election of Bailiff of the Council and until a successor is chosen. Sec. 2. It shall be the duty of the Bailiff of the Council Hours of duty. to be at the City Hall every day, except Sunday, from 8 o'clock A. M., to 12 o'clock M. and from 3 o'clock to 5 o'clock P. M. He shall attend and wait upon the council * * * and when such committees shall request, upon committees of the said body at all meetings whenever held. He shall perform all services relating to the public busi- ness of the said body and its committees and of the Mayor, Clerk of the Council. *********«=** And shall deliver all papers entrusted to him by them for General delivery, and, in general, shall perform all services pertaining to the character of his office, as the Council may direct. He shall have the care and custody of the Citj^ Hall, ex- c^re of city cept the apartments in the basement thereof, and of the ^-ounds! grounds belonging thereto, subject to the orders of the Coun- cil or Committee on Public Buildings. 1. See Act of March 25, 1907, 24 D. L. 345, Sec. 32. 578 ORDINANCES. On application and the payment of a fee of one dollar, he shall open and light the lower room of the City Hall for the purpose of holding political meetings ; but the said room shall not be gTanted for other than political purposes, unless the expense of lights and fuel be previously paid to the Committee on Public Buildings, and the Bailiff paid for his attendance. Removal of snow. Openin apartments of the hall and yard. Collections for hall and gas. He shall sweep and keep in order, shall bring fuel to and make the fires necessary to heat all the rooms of the Cit}^ Hall above the basement, except the station of the watchman upon the building. He shall remove from the pavements adjacent to the City Hall any snow or hail that may fall thereon, within ten hours between sunrise and sunset after the same has ceased to fall, and when such removal can be made without injury to the the pavements. He shall open and prepare any of the apart- ments of the Qity Hall and the yard thereof whenever the same shall be properly iised for any public purpose. He shall collect all sums due for the use of the Citj' Hall or grounds, and for gas, all fuel, and pay the same to the Treasurer.^ Salary. . §£(._ 3, The salary of the Bailiff of the Council shall be [seven hundred and twenty dollars] per annum, and no fur- ther compensation shall be paid him by the Council * * * or directly or indirectly by the city for am^ services rendered by him under the provisions of this ordinance, or in his official capacity of Bailiff * * * aforesaid. Passed at City Hall, November 27, 1863. BUILDING INSPECTOR. AN ORDINANCE providing for nimibering houses within certain limits. System of SECTION 1. That the Street Commissioner- be, and he is ho^es.^'"^ hereby authorized and directed to cause to be numbered the 1. For duties see also Act of May 3, 1893, at p. 157 of this volume. 2. The duty required of the Street Commissioner by this Ordinance is now performed by the Building- Inspector. ORDINANCES. 579 houses in this city within the limits following ; that is to say, the houses between West and Lombard streets, and from Water to Ninth streets, inclusive, and aLso the houses in ]\[ar- ket street, from the Christiana to the Brandywine; and that the number of each house shall be so placed upon the front of said house as to be easily designated. Sec. 2. The numbering of Market street shall commence commence- . ment. at the Christiana, and the numbering of the cross streets shall commence on each side of Market street. Sec. 3. The owner or owners of each house so numbered costs. as aforesaid shall be liable for the cost of making and affixing , , , . „ , , „ . Collection. such number, and m case or the owner or owners refusing or neglecting to pay to the Street Commissioner said cost or charge, the amount shall be recoverable by suit before the [Municipal Court] in the same manner as other debts of like amount are recoverable. Passed at Citv Hall, August 27. 1847. AN ORDINANCE providing for the numbering of the houses within the city limits. Section 1. The Street Commissioner^ shall cause to be Numbering numbered the houses in this city in the following manner, viz : For Market street and the streets -parallel Avith the same, the numbering shall commence at the Christiana river and termi- nate at Front street ; after Front street the first number shall be 100, and the numbering shall terminate at Second street ; after Second street the first number shall be 200, and the num- bering shall terminate at Third street ; and so successively at every street the numbering shall be renewed, and the first house after every street shall be designated by a number one hundried more than the first house after the street next south of it. And for the streets running at right angles with i\Iarket System, street, the numbering shall be in the same manner as for ]\Iar- ket street and streets parallel with it, but the numbering shall commence at INIarket street, and the numbers shall extend east and west from Market street by distinct series ; the first house 1. The Building Inspector now performs this duty. 580 Expenses of numbering. ORDINANCES. east of Market shall be numbered "one," and the first house after King street shall be numbered 100, and the numbering- shall be so continued to the eastern limit of the city ; and the first house west of IMarket street shall be number one, and the numbering shall thence be continued to the western limit of the city in like manner as from the east side of Market street. Sec. 2. The owner or owners of each house so numbered as aforesaid shall be liable for the cost of making and affixing such number, and in case of the owner or owners refusing or neglecting to pay to the Street Commissioner said cost or charge, the amount shall be recoverable by suit before the [Municipal Court] in the same manner as other debts of the like amount are recoverable. Passed at City Hall, March 24, 1859. Building In- spector's Assistant. Salary. AN ORDINANCE empowering the Building Inspector for the City of Wilmington to employ an assistant. Be it ordained by the Council of Wilmington : Section 1. That the Building Inspector for the City of Wilmington be, and he hereby is, authorized to employ an as- sistant for such time as he may deem necessary for the pur- pose of assisting in renumbering the houses of the City of Wil- mington. Sec. 2. That said assistant shall receive the salar}"- of Seventy-five Dollars per month, the same to be payable at the same time and in the same manner as the salaries of other city officials are now payable. Sec. 3. That all ordinances or parts of ordinances incon- sistent herewith be and the same are hereby repealed. Passed at City Hall. Approved October 10, 1908. ORDINANCES. 581 AX ORDINANCE to amend an ordinance entitled "An Ordi- nance providing for the numheri)ig of the houses within the city limits." Section 1. That the duty heretofore devolving upon the Street Commissioner with reference to the numbering of houses in the City of AVilmington is hereby abrogated, and it Building is hereby made the duty of the Building Inspector to cause the Ses:^°^^ provisions of all existing ordinances as well as all future ordi- nances with reference to the numbering of houses in this city to be carried into effect; and the said Building Inspector is hereby put in the place and stead of the Street Commissioner aforesaid. Sec. 2. That the houses on ]\larket street south of the Christiana river, and on streets running parallel thereto shall be numbered in the manner following, to wit : Commencing at Heald street and Christiana avenue with system of . • 1 •! 1 numbering the number one, and continuing thus consecutively until the houses, first cross street (Peach street) is reached, when the number- ing shall commence at one hundred (100) and continue there- from consecutively, until the next cross street (Apple street) is reached, when the numbering shall commence at two hun- dred (200) and continue therefrom consecutively until the next cross street (Lobdell street) is reached, when the number- ing shall commence at three hundred (300) and a like rule shall be observed at the reaching of each consecutive main cross street, until the city line is reached. And with houses situated on streets running at right streets run- ning at right angles with Market street, the numbering shall commence at angles to ^r, -, -. 1 11- 1 1 Market Market street and extend east, the same rule being observed street, with reference to said numbering, as is now provided by law with reference to houses on similar streets lying north of the Christiana river. Sec. 3. Christiana avenue shall be numbered in the same pJ?"^,^I^"^ manner as streets running at right angles to Market street are numbered, that is, commencing with the same number at 582 ORDINANCES. Heald street as the streets running at right angles to Market street have at Heald street. New Castle avenue. Sec. 4. New Castle avenue shall be numbered in the same manner as streets running parallel to Market street are num- bered, that is, commencing with the same number at Lobdell streets as the streets running parallel to ]\Iarket street have at Lobdell street. Sec. 5. A_ll streets extending south of the Christiana ]\Iarket street shall have the word "South" prefixed before the name of said street in all cases where such street extends north of the Christiana river. Sec. 6. All the provisions of law which are now in force with reference to the numbering of houses within this city are hereby extended and made to apply to the numbering of houses as by this ordinance provided. Passed at City Hall. December 5, 1889. streets south of Christi- . ,, , . , , ana river. river parallel With Provisions of law ex- tended. Building Inspector to direct num- bering of houses and changes thereat. Penalty for failure to make changes. AX OjRDINAXCE to provide for the numherinq of houses within the City of Wilmington. Be it orDxVIned by The Council of Wilmington : Section 1. That it shall be the duty of the Building In- spector, when notified that any error or irregularity exists in the numbering of houses or other buildings in the City of Wil- mington, or when notified that houses or other buildings are without numbers, in any street, lane, court or alley of said city, to notify the owner or owners of said houses or other buildings, or in case said o^^'ner or owners be non-residents of the City of Wilmington, then the agent or agents for such owner or owners, what the correct number of said houses or other buildings should be according to the existing provisions of law, and any such owner or owners, agent or agents, who shall fail to number such houses or other building as directed by the Building Inspector, within ten days after receiving no- tice so to do, shall, upon conviction, be subject to a penalty of Five Dollars for each and every such failure, and to an addi- ORDINANCES. 583 tional penalty of One Dollar for each day that such violation of law shall continue after the expiration of said ten days. Sec. 2. No person shall place a number on any new house Building Inspector to or Duildmg' or change the number upon any house or other furnish .. '^. numbers for building without first obtaining from the liuildmg Inspector new houses. the correct number of such house or other building, and any person who shall violate the provisions of this section shall, upon conviction, be fined, the sum of Five Dollars for each and every such offence. Sec. 3. Xo change shall be made in the numbering of anv Numbers not ""„ '^ to be house or other buildina- between anv registration dav for anv changed be- " . , "^ , i? 1 • ' tween reg- general or special election and the day or days of election istration * ^ . . , and election. upon which persons so registered on said registration day v\'ould be entitled to vote. Approved March 16. 1908. AN ORDINANCE providing for the numhering of houses u'ithin certain limits of the City of Wilmington. Section 1. The houses situate on all the streets running Mannerof at right angles with ^Maryland avenue, and on the southerly hoSes'on^ side thereof between the southerly side of Front street and the ning at right city line shall be numbered in the manner following, to wit : tiL^yfand avenue. The numbering shall commence at the southerly side of Maryland avenue Avith the number one, and terminate at the first cross street ; after the first cross street the first number shall be 100, and the numbering shall terminate at the second cross street, and so successivel.v at every street the numbering shall be renewed, and the first house after every cross street shall be designated by a number 100 more than the first house after the cross street next north of it. Sec. 2. All the provisions of law which are now in force „ ^ _ ... Penalty. with reference to the numbering of houses within the City of Wilmington and not inconsistent herewith, are herebv ex- 584 ORDINANCES. tended and made to apply to the numbering of houses as pro- vided by this ordinance. Approved March 2, 1909. All wood and. bark must be measured CORDERS AND MEASURERS OF WOOD AND BARK. AN ORDINANCE to regulate the cordage of wood and hark and to appoint Corders and Measurers thereof. Section 1. All wood and bark which may be brought into (^) this city, for sale, shall be measured by such persons as are hereinafter appointed. The person or persons author- ized to measure the same shall be guided by the laws of the State, with respect to the dimensions and package of a cord, but shall be the sole judges of the actual measurement of any Regulations, load of the above mentioned articles. Bark shall be measured on the carriage, the measurer paying due attention to the man- ner in which it may be packed ; but wood shall be packed by the corder; with respect to the cpiality or condition of either of the before mentioned articles, the parties shall act for them- selves. (a) This ordinance relates to wood hrouglit into the city for sale. It does not apply to wood sold out of the city. A prosecution for violation of the ordinance should be based upon an allegation to the above effect, viz; a sale in the city. An action was brought in the town of Laurel for an offense where the wording was very similar to the above, and the Court, in construing the "Act concerning wood corders," said: By the Court : ' ' There is no statement in this record that the cause of action was * * for Tjuying or selling wood within these limits,' &c. The case was dismissed. Fooks vs. Hearn, 5 Har. 363 at 364. (yr. 1852) Fees of corder. For every cord of wood packed and measured as the law directs, the Corder shall receive as follows, viz : For such as comes by water, twelve and a half cents per cord; for such as comes by land, eighteen cents per cord, and in the same pro- portion for any lesser quantity; and for every load of bark measured as aforesaid, the Measurer shall receive ten cents, to be paid in every instance, one-half by the buyer and one-half by the seller ; the Corder of Wood and Measurer of Bark shall retain the whole of these fees. ORDINANCES. 585 For every load of wood which shall 1)6 brought into this ^"^^^gquh-^ city and unloaded therein, and secured or removed for the pur- l^^J-g^^-^^g chaser within the space of one hour, without having first given "j^J'^jark the Corder notice thereof, and perinission and opportunity to cord the same, the said purchaser or receiver shall forfeit and pay a fine of fifty cents, to be recovered before the [^lunicipal Court]. («) And for everj- load of bark which shall be sold and brought into the city, and unloaded, without having first given the JMeasurers notice, permission and opportunity to measure the same, before it be unloaded, the purchaser or re- ceiver shall forfeit and pay a fine of fifty cents, to be recovered as aforesaid. (a) This ordiuance was passed in 1856, and at that time the old Mayor's Court had civil jurisdiction as well as criminal jurisdiction. (See Sec. 133 "c" of the Charter.) Any owner or person having the charge of any load of wood or bark, who shall sell or dispose of the same, contrary to the stipulations of this ordinance, shall forfeit and pay the like fines as are imposed on the purchasers and receivers of ^ '■ . Fine. such wood and bark, to be recovered as aforesaid. Sec. 2. The city shall be divided into two districts, viz, cording dis- an upper district, embracing all the city lying north of Fourth theiMfmits. street, and a lower district, embracing all of the city lying south of Fourth street. As far as relates to wood landed from vessels or delivered from the cars on the railroad, the said lower district shall be subdivided into two districts [by a line ^^^ ' ' extending by the westerly side of "Walnut street to the south- erly side of Water street; thence, by the southerly side of Water street to the dividing line now existing between the lands of the Philadelphia, Wilmington and Baltimore Rail- road Company and the lands of George and George W. Bush; thence, by the said dividing line and in the direction thereof to the city limit at the southerly side of the Christiana river.] For each of these districts, viz : the upper and the two Appointment subdivisions of the lower, there shall be appointed, annually, coiners. by the Council [on the first regular meeting] in July, a Wood junei9,i8S4. Corder, who shall be duly qualified to perform faithfully the 586 ORDINANCES. duties of his office, before he enters upon the performance of the same. Penalty for Xo Woocl Corder shall cord wood or exercise duties apper- mtrudmg . . '■ '■ beyond dis- tammg to his officc. in a district other than the one for which trict. . he IS appointed, under a penalty of one dollar, to be recovered as aforesaid. Settlement In casc any dispute or dissatisfaction shall grow out of the decision of the Wood Corders hereby appointed, the per- son so disputing or dissatisfied shall have the privilege of call- ing in the. other Corders, who shall review the measurement, and whose decision, or the decision of a majority thereof, shall be final and conclusive between the parties. Fees of arbi- Such cordcrs as may be called in to decide such disputes trators. shall be paid three cents per cord each, by the Corder whose decision is questioned, if their decision is in favor of the per- son or persons who appeal, and by the appellants if in favor of the original Corder. Passed at City Hall, November 13, 1856. .WEIGH MASTERS. AX ORDINANCE to regulate the weighing of hay and other articles. Ejection and SECTION 1. The Council shall, annually, choose one or Weigh more persons to act as Weigh IMasters, whose duty it shall be to weigh all hay exposed for sale in the city, or sold previous Appointment to its arrival. They shall have power to appoint deputies, ing of who, as well as the Weigh JNIasters shall before entering upon deputies. ' ° . their duties, be sworn or affirmed before the JNIayor, faithfully to perform the duties of the office to the best of their skill and the tenor of this ordinance. Authority Sec. 2. With respect to the quality of any article weighed r8SP6Ctill2!" quality and by the Weigh ]\Iasters, they shall not interfere, except that where any hay being weighed shall appear not to be suffici- ently dried or cured, they shall deduct from the weight there- ORDINANCES. 587 Animals. Coal, etc. of, -what may appear to be just, giving the parties notice thereof. Sec. 3. For weighing hay and other articles on the said Fees. scales, the Weigh Masters shall demand and receive from the July 7, is70. person having the same weighed, the following fees, that is to say: For each load of hay weighed I5 ton. or upwards 37 cents Hay. For each ton, and under 1^ ton 25 For each ^ ton, and under 1 ton 18 For each less ^ ton 12 For each live animal weighing 500 lbs., or more 25 For each live animal less than 500 lbs 12 For each dead animal weighing 500 lbs., or more 12 For each dead animal less than 500 lbs 6 For coal, castings or scrap iron, at the rate of, per ton. 10 But no draught of either shall be weighed for less than 6 All other articles at the rate of, per ton 15 But no draught for less than 6 And the owner or driver of every wagon or other vehicle wa^gfns"|tc^ carrying hay or any other articles to be weighed at the public scales, and where it is not already done, shall cause such ve- hicle to be weighed at his own proper cost, and the weight thereof shall be legibly marked thereon by the Weigh Master or his deputy, and such weighing and marking shall be re- peated whenever repairs or alterations in any such vehicle shall, in the opinion of the Weigh Master, require it, for which ^®^^' the following fees shall be paid as aforesaid, viz : For each empty wagon, cart, or other vehicle, the first time 25 cents For each empty wagon, cart, or other vehicle, after be- ing repaired or altered, and varying more than 28 lbs. from the original weight 12 cents And for any less variation, no charge shall be made, nor for marking anv vehicle whatever. 588 ORDINANCES. Owners of scales retain all fees. Weigh Masters who own the scales used by them shall not be required to pay to the City Treasurer any portion of the fees received bv them for weis'liing. Unloading unweighed hay. Penalty. Sec. -4. For every load of hay unloaded without first giv- ing the Weigh Master or his deputy notice, permission and reasonable time to weigh the same before it be unloaded, the purchaser or receiver shall forfeit the sum of fifty cents, to be recovered by the Weigh Master before the [Municipal Court] in the same manner that debts of equal amount are recover- able; provided always, that no forfeiture shall be recoverable for neglect of weighing hay when it shall so happen that the said public scales are not in a condition for weighing. Passed at City Hall, March 26, 1857. Explosive test re- quired. Nov. 8, 1877. INSPECTOR OF OILS AND FLUIDS. AN ORDINANCE prohihiting the selling, offering or keeping for sale of certain oils, inflammable at a less fire test than 100 degrees. Section 1. It shall be a public nuisance for any person to mix, for sale, naptha or benzine and illuminating oils, or to sell or keep for sale, or offer for sale such mixture, or to sell or keep for sale, or offer for sale, within the City of Wilmington, oil made from petroleum, for illuminating [or other] pur- j)oses, which gives out an explosive vapor under a temperature of 100 degrees, or which is inflammable at a less temperature or fire test than 100 degrees Fahrenheit ;^ and any one, on con- viction thereof before the [Municipal Court] of the City of Wilmington, shall be fined not less than fifty nor more than one hundred dollars for everv such offense. Appointment ^EC. 2. There shall be appointed annually, on the first spectoran- Stated meeting in July, by the Council, an Inspector of Oils nuaiiy. ^^^ Fluids," at any time hereafter to be made,^ kept or offered 1. For election, term of office, and salary of Inspector of Oils and Fluids, see Act of May 3, 1893, supra, p. 157 this volume. 2. So printed in edition of 1872. 3. See Act of March 15, 1907, 24 D. L. 305. ORDINANCES. 589 for sale for illuminating pnrposes, and no such oil or fluid shall hereafter be made, sold, or kept or offered for sale with- ^"''Pf'^i'^I^ ' ' ^ of oils before in the City of Wilmington, which shall not previously have ^^^®- been inspected and approved by him as not inflammable at a less temperature or fire test than one hundred and ten degrees, Fahrenheit, under a penalty of not less than fifty nor more than one hundred dollars, to be imposed upon the person so offending. Sec. 3. Upon the orifice or orifices of every barrel, bos, cask, case, can, or other vessel containing such oil or fluid so inspected and approved, the Inspector shall, at the time of , „ , and on each occasion of inspection and approval, affix a seal or of the in- '^ ^ spector. mark in such manner that such barrel, box, case, can, or other vessel cannot, without violence or impairing such seal or mark be refilled without the knowledge of the Inspector, and no bar- rel, box, cask, case, can, or other vessel containing or to con- tain oil or fluid for sale within this city, for illuminating pur- poses, shall be opened or have any of its contents drawn or re- ^oJ^*^^,°!ei moved therefrom, except by the Inspector, for purposes of in- °^°^^i%^fQ^.Q spection, until it shall have been duly inspected, approved same is in-^^ and stamped or marked by the Inspector. bidden. Sec. 4. For opening or drawing any of its contents from opening- or any vessel containing oil or fluid, intended to be sold, or kept from, or re- or oft'ered for sale, within this city, for illuminating purposes, seis contain- before it shall have been inspected, approved and stamped or '"^ °^ ' marked by the Inspector, and for refilling with oil or fluid, in- tended for sale, or to be kept, or oft'ered for sale within this city for illuminating purposes, except with oil or fluid already inspected and approved as aforesaid, any vessel stamped or marked by the Inspector, as hereinbefore provided for, and from which any portion of its contents may have subsequently been withdrawn, every person guilty thereof,, or of assisting therein, shall be fined not less than fifty nor more than one hundred dollars for every such offense. Sec. 5. For his services in the premises, the Inspector compensa- ^ ' . ^ . tion of shall be entitled to be paid, by the person owning or ha\ang inspector. in his possession the oil or fluid which shall be or has been in- 590 ORDINANCES. spected, one-half cent per gallon, provided no fee shall be less than twenty cents. Sec. G. It shall be the duty of the Inspector to advise the ]\fayor of every infraction of this ordinance coming to his Reporting of knowledge, or of which he shall have suspicion, and report in violations to ^ ' ir- J Jr- the Mayor, writing to the Council, at its first stated meeting in every •». .^, month, the number of gallons of oil or fluid inspected bv him, Monthly re- ' '^ i ^ j port to City under this ordinance, during the last preceding month, the Council. 7 o X o J names of the persons for whom inspected, the quantity ap- proved, and the quantity condemned in each case, and for each person, their respective places of business, and the place where the oil or fluid was inspected, when elsewhere than at such place of business, with such other information bearing upon the matter in hand as may be of public benefit. Sec. 7. Wholesale dealers in petroleum, naphtha, ben- Dec. i3, 1877. zine and illuminating [oils], shall hereafter, on the first day Dealers must of each month, make a return to the City Auditor of all oils turns to City received and sold by them daring the preceding month, and whether to persons residing within or beyond the limits of the City of Wilmington. It shall be the duty of all persons deal- ing in oils, either at wholesale or retail, when oils are received by them in the original package, and Avliich have not been in- Deaiers must spcctecl as provided bv this ordinance, to notifv the Inspector notify In- ^ -^ . " . ' . . ' . spector. when such oils are received, so that the original packages in- tended for sale or use within the City of Wilmington, may be immediately inspected. Oils intended for sale or use beyond the limits of the Cit}^ of Wilmington need not be inspected. City Au- Blank forms for making returns shall be furnished to w'hole- ditor s " blanks. sale dealers by the City Auditor upon application. The re- Returns turns shall be sworn or affirmed to before the Mavor or other shall be sworn to. officer authorized by the laws of this State to administer oaths Auditor shall or affirmations. It shall be the duty of the City Auditor to compare re- • "^ turn with re- compare cach return with the montlily report of the Inspector, Inspector. an^i report to the Inspector any discrepancies. Any person or persons, firm or corporation, selling oils by the original barrel, box, cask, case, can, or other vessel, shall, for the purpose of Who shall j;]2is ordinance, be considered a wholesale dealer in oiLs. Any be consid- ' _ *^ ered whole- person, firm or corporation, carrving on the business of a whole- sale dealers. •■■ - '■ , . ^ ORDINANCES. 591 sale dealer in oils, within the meaning of this ordinance, who shall violate or refuse to comply with the provisions of this section, shall be fined not less than ten, nor more than fifty ^fJiation of dollars for every such offense. Nothing- in this ordinance shall oi'di"fince. be deemed to apply to oils solely animal. Passed at City Hall, April 28, 1870. INSPECTORS AND MEASURERS OF LUMBER. AX ORDINANCE providing for the appointment and pre- scribing the duties of Inspectors and Measurers of Lum- ber. Section 1. The City Council shall, annually, at the first , . . ™ -r-, Appointment stated meeting m the month or February choose one or more of Measurers persons to act as IMeasurers and Inspectors of lumber, whose spectors. duty it shall be, upon apj)lieation by one or more of the con- tracting parties in a purchase or sale of lumber, received in this city by rafts, vessels, cars or otherwise, to measure and in-" spect the quality and quantity of the lumber so brought un- der their notice, they shall be furnished with the order or con- tract, and such lumber as passes their inspection they shall mark as approved, and their approval shall be evidence that the order is filled according to contract. Said Inspectors and ^ ° _ _ -^ Inspectors Bleasurers shall, before entering upon their duties, be sworn and Meas- ' . . urers to be or affirmed before the Mayor, faithfully to perform the duties sworn, of the oifice to the best of their skill, and the tenor of this ordi- nance. Sec. 2. The Inspectors and Measurers shall receive, as inspectors' „ ,-,„/, ■ T , and Meas- tees, twenty cents per thousand leet tor measuring, and twen- urers' fees. ty-five cents per thousand feet for measuring and inspecting lumber as aforesaid, to be paid by the party applying for the inspection and measurement of the same ; provided, that in no Proviso. case shall they receive a less fee than twenty cents. Sec. 3. That no person owning, employed in, or in anynoti)!^^^ manner interested in a lumber yard, shall be a lumber Meas- .specfm-s" r urer and Inspector, as provided for by this ordinance. Measuieis. Passed at Citv Hall. Januarv 27. 1S76. 592 ORDINANCES. PLUMBING INSPECTOR.^ AN ORDINANCE to create a Plumbing Inspector for the City of ^Vilmington, and to provide rules and regulations rela- tive to i^lumhing and draining. ^ ^i- ^ ■?? ^ -."? ^r? 'M ^(1 ^ Sec. 2. ******** * Monthly re- He sliall make monthly returns to the City Auditor of all fees turn of fees. n i i • • n • collected by mm m pursuance oi his duties ; such returns shall be itemized and sworn to. Fee for in- specting. Sec. 5. When the plan of any pliambing or drainage sys- tem, which includes water closets or soil pipes leading from water closets, is filed in the office of the Plumbing Inspector, a fee for the use of the city of fifty cents must be paid to defray the expenses of inspection of filing and superintending the testing of the work, as provided in Section 24. Passed at City Hall, May 3, 1886. GAS INSPECTOR. AN ORDINANCE providing for a Gas Inspector for the City of Wilmington, and p^-escriljing the salary and. duties of said Gas Inspector. Be it ordained by the Council of Wilmington : Inspector of SECTION 1. That the Inspector of Plumbing for the City be Gas In- of Wilmington shall, after the passage of this ordinance, im- siDGctor mediately assume the duties of Gas Inspector in and for the City of Wilmington and shall perform all the duties herein- after provided for. Salary. Sec. 2. The Salary of the Gas Inspector for the City of Wilmington shall be Five Hundred Dollars ($500.00) per an- 1. The general provisions of this Ordinance are supplied by Resolution of the Street and Sewer Department adopted March 26, 1901. ORDINANCES. 593 num, payable monthly, in the same manner as other officers of the said city are paid. Sec. 3. Before entering upon the duties of his office, (^) the said Gas Inspector shall give bond to the Mayor and Coun- Bond. cil of Wilmington, with good and satisfactory security, in the sum of One Thousand Dollars ($1,000.00), conditioned for the faithful performance of his duties as said Gas Inspector; said bond to be approved by the Council of Wilmington. (a) As to the meaning of the above phrase, see the case of Pickering vs. Day, 2 Del. Ch. 333 at 334. (vr. 1S66) (See See. 11 "a'' of the Charter.) Sec. 4. It shall be the duty of the Gas Inspector within Duties. twenty (20) working hours from the time he shall receive the notification provided for in Section five of this ordinance, to make all necessary inspections and tests. Sec. 5. Upon the completion of any system of gas piping piping in in any building that may be from and after the passage of this be\nspected ordinance, erected, altered or extended, in the City of Wil- ing!^^ mington, the fitter shall notify the Gas Inspector in writing that the work is ready for inspection and testing. No pipe or fitting shall be covered or concealed from view until the same has been examined and approved by the Gas Inspector or his assistant, the size of pipe used shall not be less, nor the length greater, to the number of burners stated than those specified in the following table, except that if the number of burners is not more than half of the stated maximum, the length runs may be increased one-half : TABLE. Greatest Leno ;1h Greatest Number Size of Pipe. Allowed. of Burners. Speciflca tions. ■ f inch 10 feet 2 ^ inch 30 feet 6 f inch 60 feet 20 1 inch 80 feet 35 1^ inch 120 feet 60 1| inch 160 feet 100 ORDINANCES. 2 inch 200 feet 2^ inch 300 feet 3 inch 450 feet 4 inch 600 feet 594 200 300 450 700 In applying the above table, the number of burners to out- lets in the various locations shall be estimated as follows, ex- cept when otherwise specified and approved by the Gas In- spector : Parlor, ceiling outlets 4 burners Dining-room, ceiling outlets 4 Bedroom, ceiling .outlets 3 Kitchen, ceiling outlets 1 Bracket and newel outlets 1 Office, ceiling outlets 2 Size of pipes. Pipes Smaller than f-inch, shall not be used, except in stems of gas fixtures. Piping in churches and halls. Materials and joining of pipes. Gas pipes in churches, halls and other large buildings, shall be in proportion to the number of lights as given by the table or as may be otherwise specified and approved by the Gas Inspector. Sec. 6. The pipe used shall be the best wrought iron, with galvanized iron fittings, and joints shall be made with white or red lead, which shall be applied to the male threads only, gas fitter's or other cements will not be permitted except in hanging of gas fixtures ; in making turns, fittings must be used, no bent pipes, in making connections when required, long screws, or right and left couplings must be used, no sec- ond hand pipe shall be used, except that when a building is undergoing reconstruction or repairs, such gas pipes and fit- tings as are taken out and found in good condition and of the proper size may be reused. All pipes shall be properly supported and stayed with pipe hooks or straps and screws. All pipes shall be properly graded, and if practicable towards the meter, a bracket outlet ORDINANCES. 595 shall be taken from the side or top of a main, and run as a riser, when possible to do so. All split pipe and defective fittings shall be removed. fluings\o be removed. All main risers shall be rnn in an inside partition if pos- sible, and at least two feet from outside walls. No extension or alteration of anv existino- system of gas ... . . . . . ' . ° Extensions piping 111 a building for illuminating purposes, in excess of and aitera- twenty-live (25) feet m length shall be made without report- inspected, ing the same to the Gas Inspector, for inspection and ap- proval. Extensions shall conform in size to the table in Sec- tion five and shall be made from the largest practicable outlet. The Gas Inspector shall promptly condemn and order the condemna- 1 j_ j_- • ^ j_ J? • • tion of work removal, reconstruction or repair of any system of gas piping beiow regu- or portion thereof, which does not conform to these regula- tions. He shall order the necessarj'^ repairs to be made when de- p^gpairs fects are found in any old system of gas piping or fixtures con- ordered, nected therewith, and such repairs shall be promptly made by the responsible party upon service of due notice. Sec. 7. Pipes must be so run and covered as to be readily „. ^ "^ Pipes must accessible, and must not be run at the bottom of floor beams be accessible ' _ and properly or joists, which are to be lathed and plastered. They must be fastened, securely fastened to the top of the beams or joists, which should be cut out as little as possible. When pipes are run parallel to joists, they must be supported by strips nailed be- tween the same, and these strips must not be more than five (5) feet apart. All cutting of floor beams or joists should be done as near as possible to the ends or supports of the same ; pipes must not be laid beneath tiles or parquet floors, or under marble platforms, or under hearth stones, when it can be avoided. Floor boards over main lines must be fastened down "with screws, so that the same can be readily removed. All main risers shall extend full size to the first outlet. 596 ORDINANCES. Definition The word ''pipins:" herein used is intended to describe of "piping. ... any system of piping which gets, or is intended to get, its sup- ply of gas through one riser, or from one source. Separate When two or more tenants occupy one building, and each terns in" has a separate system of piping, supplied by a separate riser, building. „'... .-,^., ,. ,., each system ot pipnig is considered m these regulations by it- self, as though it had been in a separate building. New piping means only that piping that is put in by the fitter as a part of his present job. Old piping means all piping that may be found on the premises when the fitter enters the same to undertake his pres- ent job. Old piping may or may not have had gas in it, or it may or may not have been previously inspected. Outlets. All ceiling outlets must project not more than two (2) inches, or less than five-eighths inches, from the finished sur- face, and must be firmly secured, and properly plumb. Side wall outlets must project not more than seven-eighths inches or less than five-eightlis inches from the finished surface, and must be securely fastened. All piping must be free from ob- structions. Two mer- cury tests required. Certificate. Sec. 8. All systems of gas fitting in new buildings, here- after to be erected, in this city, as well as in extensions, and al- terations to old buildings, shall be tested, and the mercury test applied, first ; when the pipes and fittings are all in place, and before the same are covered or concealed, and second; when the building is completed. These two tests to be made by the fitter, and upon the job being passed and approved by the Gas Inspector, or his assistant, he shall give to the fitter a certifi- cate as follows : "This is to certify that the gas pipes and fittings in the building. No. street, has been duly inspected and ORDINANCES. 597 tested, and found to be tight, and in conformity with the city regulations. By Inspector. Wilmington, Delaware, , 191 ." A third and final test shall be made of a sj^stem of piping Final test. and fixtures, after the fixtures have all been hung, said test to be applied by the party hanging the fixtures, and as in the. first and second tests, shall be the mercury test, and upon the same being passed and approved by the Gas Inspector or his assistant, he shall issue the following certificate to the party applying for the inspection and test: * ' This is to certify that the piping and fixtures in the certificate. building No. street, has been dulj' inspected and tested, and found to be gas-tight and to conform to the city regulations. Inspector. By ^ Wilmington, Delaware, , 191 ." And in no case shall the Gas Company turn the gas on the meter until such certificate has been issued. Sec. 9. It shall be the duty of the Gas Inspector to make and^test°as a daily inspection and test (Sunday excepted) as to the candle pQ^.^^.'^^fg^^g power of the gas furnished to the consumers in the City of Wilmington at such time and place as he may select, and he shall make monthly reports of the results of said daily tests to the Council. Sec. 10. Any consumer of gas mav have his meter tested Consumer '' _ _ ° • may have at any time under the supervision of the Gas Inspector. The ps meter consumer of gas shall deposit with the Gas Inspector a fee of twenty-five cents at the time of making his application for the meter test. If the meter proves correct in accordance with the United States standard, the fee of twent^^-five cents shall be used to defray the cost of said meter inspection. If the meter should not conform with the above standard, the said fee of 598 ORDINANCES. Fees. Penalties. twenty-five cents shall be returned to the consumer who has deposited the same, and all expenses attached to the said test shall be borne by the Gas Company furnishing gas for said meter. Sec. 11. All fees so collected shall be paid monthly into the City Treasury. Sec. 12. Any person or persons, firm or corporation of- fending against or violating any of the provisions of this or- dinance shall, upon conviction thereof in the IMunicipal Court, pay. a penalty of not more than ten dollars ($10) for the first offence and for the second and each subsequent offence, a pen- alty of not less than ten dollars ($10), nor more than one hun- dred ($100.00) dollars. All work improperly executed and not in accordance with the provisions of this ordinance shall, upon written order of the Gas Inspector properly served, be Improper removed by the person, or persons, firm Or corporation im- worktobe ■,.-,-, ^ removed un- propcly executmg the same, or by the person or persons, firm or corporation for whom such improper work was executed, within forty-eight hours from the time said written order shall have been served, and for any failure to remove such work after the service of such written notice, such person, or per- sons, firm or corporation shall forfeit and pay a fine of twenty- five ($25) dollars for each and every twenty-four (24) hours that such work so improperl}^ executed shall be suffered to re- main. Approved May 21, 1903. Duties of Regulator. REGULATOR OF CITY CLOCK. AN ORDINANCE to appoint a Regulator of the city clock, and to define his duties. Section 1. There shall be an officer who shall be desig- nated the Eegulator of the city clock. Sec 2. His duties shall be to supervise, wind up, regu- late and keep in good condition, and so as at all times to indi- cate the correct time, the city clock. And for that purpose he ORDINANCES. 599 shall, at all times, have access to the City Hall, and have sole control of the appurtenances and immediate surroundings and connections of said clock. Sec. 3. For his services he shall receive the sum of sev- salary. enty-five dollars per year. Sec. 4. It shall be his duty to illuminate and keep it Rumination lighted up at night. Passed at City Hall, June 4, 1868. AN ORDINANCE in relation to Assessors' and Collectors' Clerks for the City of Wilmington.^ Be it ordained hy the Council of Wilmington : Section 1. That the assessor and collector of the North- ern District and the assessor and collector of the Southern Dis- appoint chief trict shall each have authority to appoint a chief clerk and a cierk.^" clerk for his district. Sec. 2. That each of the two assessors and collectors shall f°movsd have power to discharge his chief clerk or his clerk at any time and his acts in this regard shall not be questioned. Sec. 3. The salary of each of the chief clerks shall be Salaries. Twelve Hundred Dollars per year and the salary of each of the clerks shall be One Thousand Dollars per year payable monthly in the same manner as other city officers are paid.^ Sec. 4. All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed. Passed by Council, July 22, 1909. Returned to The Council unapproved by Llayor with his reasons August 5, 1909. 1. See Sec. 3, page 30, and also Sec. 77, page SI of the City Charter. 2. For authority by ordinance to change salai-ies fixed by Act of Gen- eral Assembly, see Act of March 25, 1907, 24 D. L. 351, Sec. 31 at p. 60. 600 ORDINANCES. Passed by two-thirds vote («) of The Council August 5, 1909. (a) A better practice would be to state the number of votes cast. Janitor of the Munici- pal Court. Duties. Salary. JANITOR OP MUNICIPAL COURT ROOM. AN ORDINANCE for the better regulation of the Municipal Court room, avd the Police Station. Section 1. That immediately after the passage of this ordinance, the Mayor^ shall appoint a person, whose duty it shall be to be in attendance at the Police Station. He shall be the janitor of the ]\Iunicipal Court room and the Police Sta- tion, and shall keep them clean and in good order. It shall also be his duty to attend to all fires connected therewith. His pay shall be at the rate of iortj dollars ($40) per month,- and payment shall be made to him in the manner and at the same time as City Constables. Passed at Citv Hall. July 1. 1886. superintendent of the fire alarm telegraph. AN ORDINANCE to provide for a Superintendent of Fire Alarm Telegraph and to fix his salary. Appointment . SECTION 1.^ There shall be appointed by the Council of tendent. Wilmington' at its second stated meeting in August, 1886, and at the same time in each and every third year thereafter, an of- ficer of this city to be styled the Superintendent of Fire Alarm Telegraph, who shall hold office for three years, unless sooner removed by the Council. He shall have entire charge and con- trol, under the direction of the Fire Committee of the Fire Alarm Telegraph in this citj', and shall cause the same to be kept in good working order in all its parts. He may at his 1. This power is now vested in the Board of Police Commissioners. See Act of April 18. 1893, Sec. 4. page 207 this volume. 2. The salary was fixed at $50 per month by the Board of Police Com- missioners on May 13, 1893. 3. The Board of Police Commissioners now have entire jurisdiction and control over the Fire Alarm and Police Telegraph System and all of- fices connected therewith. See page 209 this volume, Sec. 5. ORDINANCES. 601 own expense appoint a batteryman and lineman to assist him Lineman. in keeping in good working order and repair the batteries, poles, lines and general equipment of the Fire Alarm Tele- graph, and he shall be responsible for such batteryman and lineman. The salary of the said Superintendent shall be at the rate of one thousand dollars ($1000) per annum, payable salary, monthly as other city officials are paid.^ Passed at City Hall, August 5, 1886. REGISTRY CLERK IN THE DEPARTMENT OF ENGINEERING AND SURVEYING. AN ORDINANCE for the appointment of a clerk for the reg- istration of real estate within the City, in the Department of Engineering and Surveying. Section 1. That immediately after the passage of this or- cierk of dinance there shall be appointed by Council a suitable person. Bureau?^ who shall be a competent draughtsman, whose duties it shall be, under the direction of the Chief Engineer and Surveyor, uon.^ to attend to the registration of real estate within this citj^, and shall perform draughting and such other work as shall be re- quired of him by the Chief Engineer. Sec. 2. The term of office of such clerk shall continue to rp^^.j^., and expire on the day of the first stated meeting of the Coun- cil in the month of February, 1892, on which day in that year, and every third year thereafter, a successor to said clerk shall be selected by the Council. Sec. 3. [That the salary of the Registry Clerk of the De- Salary. partment of Engineering and Surveying shall be Nine Hun- dred Dollars per annum, payable monthly.] 1. The Board of Police Commissioners by resolution of July 11. 1904, fixed the salary of the Superintendent at $900 per annum and the lineman at $840 per annum. 602 ORDINANCES. Sec. 4. That all ordinances or parts of ordinances incon- sistent herewith are hereby repealed. Passed at City Hall, March 14, 1889. SALARIES OF ASSISTANT ENGINEER, REGISTRY CLERK AND RODMEN. AN ORDINANCE defining the salaries of the Assistant Engi- neer, Registry Clerk and Rodnien of the Department of Engineering and Surveying of the City of Wilmington. Be it ORDAINED by ' ' The Council ' ' of Wilmington : Salary of SECTION 1.^ That the Salary of the First Assistant Engi- Enlhieer.*' neer of the Department of Engineering and Surveying shall be Twelve Hundred and Forty Dollars per annum, payable monthly. Salary of Sec. 2. That the salary of the Second Assistant Engineer Engineer.^^ ' of the Department of Engineering and Surveying shall be Eleven Hundred and Forty Dollars per annum, payable monthly. Salaries of Rodmen. Ordinance to be effec- tive. Sec. 3. That the salary of the Registry Clerk of the De- ment of Engineering and Survejdng s dred Dollars per annum, payable monthly. Salary of cfe?k. "^^ partment of Engineering and Survejdng shall be Nine Hun- Sec. 4. That the salary of each of the Eodmen of the De- partment of Engineering and Surveying shall be Seven Hun- dred and Twenty Dollars per annum, payable monthly. Sec. 5. That this ordinance shall not take effect until the expiration of the tprms of the present incumbents. Sec. 6. That all ordinances or parts of ordinances incon- sistent herewith be and the same are hereby repealed. Approved January 27, 1904. 1. The above salaries were changed by ordinance passed February 10, 1910. See page 617 of this volume, (note). ORDINANCES. 603 QUALIFICxVTION OF ASSISTANT CITY SOLICITOR. AN ORDINANCE to provide for the election of an Assistant City Solicitor for the City of Wilmington, as authorized by Chapter 575, Volume XX, Laws of Delaware. Be it ORDAINED by the Council of Wilmington : Supplied by Ci -II :«: * « ^i :-': * ^ * ACt Of MarCh Section 1.^ ^^ ^ -^ * 25 1907 24 d.'l. 349. Supplied by Cii?/^ 9 ********* Act of March ^^^- ^- 25, 1907. 24 D. L. 349. Sec. 3. That a person in order to be eligible for election P'oy.is? as '^ ^ to eligibility. as provided in Section 1 of this ordinance, shall be an attor- ney-at-law, admitted to practice in the Superior Court of the State of Delaware, and shall have been a resident of the City of Wilmington for at least one year next preceding such elec- tion. Sec. 4. All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed. Passed at the City Hall, June 20, 1901. AN ORDINANCE providing a salary for the Assistant City Solicitor. Be it ordained by The Council of Wilmington (two- thirds of all members elected to The Council concurring here- Section 1. That from and after the passage of this ordi- g^iary. nance the Assistant City Solicitor shall receive a salary of One Thousand Dollars per annum ; the same to be payable at the same time, and in the same manner as the salaries of other city officials are now payable. Approved August 2, 1907. See Charter, Sec. 40. 604 ORDINANCES. Salary per annum. Salary per annum. AN ORDINANCE providing for a salary for the Deputy City Judge for the Municipal Court of Wilmington. Be it ordained by The Council of Wilmington : Section 1. That the salary of the Deputy City Judge of the IMunicipal Court for the City of Wilmington shall be Seven Hundred and Twenty Dollars ($720) per annum, pay- able monthly in the same manner as other officers of said city are paid. Sec. 2. That all ordinances or parts of ordinances incon- sistent herewith are hereby expressly repealed. Approved June 28, 1907. AN ORDINANCE fixing the salaries of the Executive Officers of the Board of Health in the City of Wilmington. Be it ordained by the Council of Wilmington : Section 1. On and after the second day of ]May, A. D. 1907, the executive officers of the Board of Health of the City of Wilmington shall each receive an annual salary of Nine Hundred Dollars ($900), payable in equal monthly install- ments. Secretary to Mayor and Executive Board. Sec. 2. All ordinances and parts of ordinances incon- sistent herewith are hereby repealed. Approved April 15, 1907. AN ORDINANCE providing for the appointment of a Secre- tary to the Mayor and the Executive Board of the City of Wilmington. Be it ordained by The Council of Wilmington : Section 1. That a Secretary for the ]\Iayor and the Ex- ecutive Board of the City of Wilmington shall be appointed by the Mayor on or before the first day of May, A. D. 1907, who shall hold office as such Secretary at the pleasure of the Mavor. ORDINANCES. ^ 605 Sec. 2. No person shall hold the office of Secretary to the ^o^s'of^" Mayor and Executive Board of the City of Wilmington who secretary. shall not be a competent stenographer and tj^Dewriter. Sec. 3. It shall be the duty of such Secretary to perform such services as shall be required of him by the Mayor or by the Executive Board in the performance of their official duties ; and said Secretary, while not so employed, shall assist the Clerk of Council in the performance of the duties of such Clerk. Sec. 4. The salary of said Secretary shall be One Thou- salary, sand Dollars per year payable monthly in the same manner as other city officers are paid. • Approved April 18, 1907. AX ORDINANCE to provide for the election of two Rodmen for the Department of Engineering and Surveying for the City of Wihnington. Be it ordained hy the Council of Wilmington : Section 1. That the Council at the first stated meeting in Election of the month of February, A. D. 1901, and at the first stated meeting in the month of February in each and q\qvj third year thereafter, shall elect two suitable persons to be known as Kodmen for the Department of Engineering and Surveying for the City of Wilmington, the persons so elected shall be sub- Subject to ^ orders. ject to the orders of the City Engineer. Sec. 2. [That the salary of each of the Rodmen of the salaries. Department of Engineering and Surveying shall be Seven ^ow'p^i^'^ Hundred and Twenty Dollars per annum payable monthly.^] Sec. 3. All ordinances or parts of ordinances inconsistent with this ordinance be and the same are hereby repealed. Passed at the City Hall, January 17, 1901. 1. See Ordinance on page 602 of this volume. 606 Salary per annum. ORDINANCES. AN ORDINANCE providing a salary for the Clerk of the Mu- nicipal Court. Be it ordained by the Council of Wilmington (two- thirds of all members elected to the Council concurring here- in) : Section 1. That from and after the passage of this ordi- nance, the Clerk of the Municipal Court shall receive a salary of Twelve Hundred Dollars ($1200.00) per annum, the same to be payable at the same time and in the same manner as the salaries of the other city officials are now payable. Sec. 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Approved July 25, 1908. Salary per annum. AN ORDINANCE providing a salary for the Clerk of Coun- cil. Be it ordained by the Council of Wilmington (two- thirds of all the members elected to the Council concurring herein) : Section 1. That from and after the i^assage of this ordi- nance the Clerk of Council shall receive a salary of Fifteen Hundred Dollars per annum; the same to 'be payable at the same time, and in the same manner, as the salaries of the other city officials are now payable, to take effect July 1, 1908. Sec. 2. That all ordinances or parts of ordinances incon- sistent herewith be and the same are hereby repealed. Approved July 25, 1908. AN ORDINANCE empowering the City Solicitor to employ a Stenographer and Typewriter. Be it ordained by The Council of Wilmington : Authorit ' to Section 1. That the City Solicitor be, and he hereby is, em^pioy^sten- authorized to employ a stenographer and typewriter; said ORDINANCES. 607 stenographer and typewriter to hold office for and during the term of the City Solicitor by whom appointed. Sec, 2. That said stenographer and typewriter shall re- salary. ceive the salary of five hundred dollars per annum; the same to be payable at the same time, and in the same manner as the salarj^ of other city officials are now payable, to take effect July 1, 1908. Approved July 25, 1908. MEMBERS OF COUNCEL,. AN ORDINANCE concerning Members of Council and cer- tain city officers. Section 1. No person, whilst a member of the Council, disqualified shall be considered a suitable and proper security for any city ^°^' sureties. officer whatever. Sec. 2. Every committee of the Council submitting a re- port, recommending any action, which will require an expendi- Estimate of ture of the public money, shall embody in such report an esti- repoAl^ ^^ mate of the probable cost thereof. Passed at City Hall, April 3, 1862. AN ODINANCE relative to unexpired terms of office. Section 1. In case of a vacancy by death or otherwise in vacancies in any office, the appointment to which is made by the Council, the said Council may, as soon thereafter as it shall deem expedi- ent, elect a person to fill said office for the residue yet unex- pired of said term. And the person so elected and qualified shall have all the powers, rights and authority and be subject to all burdens, liabilities and duties appertaining to said office. Passed at City Hall, November 9, 1865. 608 ORDINANCES. SALARIES OF CERTAIN OFFICERS. AN OBDINAXCE defining the salaries of the officers of city} Section 1. That the salaries and compensation of the offi- cers of the city hereinafter named, shall be as follows, payable monthly, viz : Act^oJ March Mayor, per year [$2,000.00] Jnclge of the Municipal Court, per year 1,500.00 President of Council, per year 300.00 jufy'l^ilos. ^1*^^^^ 0^ Council, per year [ 1,500.00] City Treasurer, per year 1,200.00" juiy^rwos. Cit^ Auditor, per year [ 1,500.00] Chief Engineer of the City, per year 2,000.00 juiy'25ri90s. ^lerk of IMunieipal Court, per year [ 1,200.00] Ordinance Executive Officers of the Board of Health, each Apriii5, 1907. per year [ 900.00] Registrar of Deaths, Births and Marriages, per year 800.00 Act of April ^lembers of Board of Asse&sment, Revision and -^^' ^^^"- Appeals, each, per year [ 150.00] Members of Council, each, for each meeting of Council 1.00 Members of Council, for each committee meeting attended .50 Chairman of Finance Committee, per annum 50.00 Chairman of Public Buildings Committee, per an- num 25.00 ^c/gO| May Bailiff of Council, per annum [ 720.00] Juiy''l"i9bs ^^*^' Auditor's Clerk, per annum [ 1,200.00] Au-T'iTog ^^^^ Treasurer's Clerk, per annum [ 1,200.00] Refoiution. Street Commissioner, per annum 2,000.00 Julv 30, 1907. ' ^ ' ordinance,^^ Secretary of Board of Health, per annum [ 500.00] Vaccine Phy.sicians, per annum 100.00 Members of Board of Health, each, per annum. . . . 100.00 Jan^"7"i904 ^^^^^ Assistant Engineer Surveying Department, per annum [ 1,240.00] 1. This ordinance is published as altered and amended by Acts of General Assembly and ordinances passed subsequently. ORDINANCES. 609 Second Assistant Engineer Surveying Depart- ment, per annum [ 1,140.00] J^"^'"27"i964 Regulator of Clock, per annum 75.00 Harbor Master, per annum 100.00 Ju'^g'^^J'^fssg Clerk of the Market, per annum 500.00 f%f^'^^^ Wharf Commissioners,, per day, whilst employed, each 1.00 Building Inspector, per annum [ 1,500.00] Aprii22,is93. Original ordinance. Passed at City Hall, June 30, 1864. 610 ORDINANCES. CHAPTER II STANDING COMMITTEES OF COUNCIL. Pag-e 1. Finance 610 2. Fire Companies 610 3. Police 611 4. Public Buildings 611 Page 5. Bonds 612 6. Printing 613 7. Law 614 8. Pay Roll System 615 FINANCE COMMITTEE. Sec. 4. That the City Council shall, at its first stated meeting' after the city election in every year, appoint a Fi- nance Committee, composed of three members, which, in addi- tion to its other duties, shall perform the duties hereinafter provided.^ committee on fire companies. Committee on fire companies. Sec. 6. The Council shall appoint, annually, («■) a com- mittee of three members whose duty it shall be to visit the houses of the several fire companies previous to the payment of any portion of their annual appropriations; (^) and only such companies shall share such appropriations as shall be 1. This paragraph, part of an Act of tlie General Assembly, passed February 20. 1857, (11 Del. Laws, Chap. 376, Sec. 4. page 407) is the only direct legislation authorizing the appointment of a Finance Committee, and appears not to have been repealed. It is published here for the sake of uniformity and convenience. ORDINANCES. 611 found, on examination by said Committee, to have twenty-five active members above the age of twenty-one years, and whose apparatus shall be in a good and sufficient condition. Passed at City Hall, October 13, 1856. POLICE COMMITTEE. AN ORDINANCE to re-appoint a Committee on Puhlic Lamps and Police. Section 1. There shall be appointed a Committee on Public Lamps^ and a Police Committee, to hold office until the first regular meeting of the City Council after the next elec- tion. Passed at City Hall, March 30, 1871. COMMITTEE ON PUBLIC BUILDINGS. AN ORDINANCE for the appointment of a committee which shall have the charge of puMic huildings. Section 1. [That there be appointed a committee of Aug. 20, 1872. Council to be called the Committee on Public Buildings, who Appointment shall have the charge and supervision of all the public build- miue'e.' ings and grounds belonging to the city, except such as may be Duties. in charge of other committees than the Committee on Public Buildings, by requirement of law, or ordinance, or resolution. It shall consist of five members, and be appointed bv the Coun- consist of '^ " . . nve mem- cil at the first stated meeting after the passage of this ordi- bers. nance, and annually thereafter, at the first stated meeting after the city election.] 1. Public lamps are now in charge of the Board of Directors of the Street and Sewer Departnient. 612 Aug. 20, 1872. ORDINANCES. Sec. 2. [That all ordinances, and parts of ordinances, in- consistent with this, be and the same are hereby repealed.] Passed at City Hall, March 16, 1871. COMMITTEE ON BONDS. AN ORDINANCE providing for the appointment of a Com- mittee on Bonds and other purposes. Appointment SECTION 1. That there shall be appointed at the first of com- _ _ ... mittee. stated meeting of the Council after the city election in every year, or whenever a vacancy may exist, a committee of five members of Council to be entitled Committee on Bonds.^ Duties of committee. Sec. 2. That it shall be the duty of the Committee on Bonds to take cognizance of the official bonds and oaths or af- firmations of all municipal officers, and report thereon in writ- ing at the first stated meeting of the Council after the elec- tion, appointment or entrance upon duty of each and every city officer, whether said officer has duly taken the official oath or affirmation and given official bond according to law; (^) provided, that it shall not be requisite for said committee to report upon the official oath or affirmation of any officer when the same has been duly administered in the presence of the Council or upon the official bond or oath or affirmation of any member or officer of the Boards of Health or Public Education. (a) The date of the above ordinance is 18.56. The committee is now named for two years — the Councilmen being elected for that time. (&) The fire companies, now, enter into contracts with the city. See note, p. 553 of this volume. (o) The duty in the above section is to see that the official bond has been given ^'according to law." In most instances the bond is required to be given ' ' before the time fixed for entering upon the duties of his of- fice, " (see Sec. 11 "a" of the Charter) ; but there are exceptions to this rule. The Street and Sewer Directors bond ^'immediately after organiza- tion, ' ' and the language in reference to the Engineer and Eegistrar of the Water Department is: "They shall give security," no time being fixed. The Mayor, the City Solicitor, the Water Commissioners, the Park Commissioners, the Harbor Commissioners and the members of the Board of Health are not required to bond. Care should be taken that a bond be executed "according to law," 2. The expense of Surety Company bonds given by certain municipal officers are paid by the municipality. See 25'D. L. Sec. 3, p. 532 tliis volume. ORDINANCES. ■ 613 and that no material change be made in it thereafter, or it may release the surety. If after a bond, with surety, be given, a seal, or scroll be added to the signature of the principal, by the principal without the knowledge of the surety, it will be void. State of Delaware vs. Smith, 9 Houst. 143. (yr. 1890) Sec. 3. That it shall be the duty of the Clerk of Council Duty of '' Clerk of to furnish the Committee on Bonds with the name and office council. of every city officer contemplated b}^ Section 2 of this ordi- nance immediately after his election or appointment. Sec. 4. That the Committee on Bonds shall provide [a P/ovidebook ■^ '-of printed book or books of printed copies of the official] oath or affirma- copies of tion, Avhich is required by law of city officers, and every officer ggp^' g_ 1575 of the city (excepting those sworn in at a meeting of the Coun- cil and members or officers of the Board of Health or of Public Education,) shall take and subscribe the oath or affirmation aforesaid before some officer having authority by law to ad- minister an oath, and the same shall be thereupon kept in the office of the Clerk of Council [in said book or books for that Sept. g, ists. purpose to be provided.] Passed at City Hall, May 22, 1873. PRINTING COMMITTEE. AN ORDINANCE definivg the duties of the Printing Com- mittee. Section 1. There shall be elected annually a committee committee, consisting of three members of Council, to be entitled "The Printing Committee. ' ' Sec. 2. That it shall be the duty of the Printing Com- S^r^^^^ittL. mittee to superintend and direct all printing that may be nec- essary in the different departments of the city government. Whenever any officer, committee or department of the city shall require printed books, blanks, forms or other printed matter they shall be furnished as directed by said Printing- Committee. Sec. 3. Said committee shall direct and control the neces- ^t°?°fjj.|? ^°'' sary advertisements for sealed proposals for any public work 614 ORDINANCES. or contract of any kind Avhat»oever ; («) and it shall be left to the discretion of the members of said conmiittee to say when, where and in what manner such advertisements shall be made. (a) As to powers, in general, when advertising for sealed proposals, see the case of Keogh vs. Mayor and Council Wilmington, 4 Del. Ch. 491. (yr. 1872) Sec. -4. Immediately after the passage of any ordinance ordfnan^e! bv the Councll, the Chairman of the Printing Committee shall be notified of the fact by the Clerk of the Council, and it then shall be the duty of the Printing- Committee to decide whether or not said ordinances shall be published in any of the news- papers of this city ; and if it be decided that the ordinance is of such a character as to demand publication, the Printing Committee shall direct in what newspaper or newspapers it shall be published and for what length of time ; provided, that the printing of all ordinances making appropriations for the year and additional appropriations shall be under the control of the Clerk of Council as directed by Section 49 [now Sec- tion 69 of Charter] of the City Charter as amended. And pro- ^ e. a, vided further, that the statement of the fiscal concerns of the See Sec. 64, ' ' ■ new Charter. Q\fy ^g directed by Section [64] of the City Charter as mended ; anel provided further, that all ordinances establishing the sal-' aries, fees or emoluments of any elective office shall be pub- lished in the newspapers of the city, with the ayes and noes thereon, at least two weeks before the next ensuing election See Sec. 47, new Charter. Sec. 5. That all ordinances and parts of ordinances in- consistent herewith are hereby repealed. Passed at City Hall, January 18, 1883. LAW COMMITTEE. AN ORDINANCE defining the duties of the Law Committee. AddUionai SECTION 1. The Law Committee, in addition to its other duties required by law, shall perform the duties heretofore as- sumed bv the Legislative Committee. ORDINANCES. 615 Sec. 2. All ordinances and parts of ordinances inconsist- ent herewith are hereby repealed. Passed at City Hall, September 1, 1887. PAY-ROLL SYSTEM, AN OEDINANCE creating a pay-roll system for the govern- ment of various departments of the City of Wilmington. Section 1. That the Department of Street Commissioner, ment^sTo '^*^" of the Engineering and Snrveying, and of Police, and each pj^y^j^olJ^lyg. and all other departments of the City of Wilmington, not *®™ applies. herein named, in which wages and salaries have to be paid, shall be governed by the following pay-roll system. Sec. 2.^ That the head of the ******* * ^el^^of de- street department shall make out, or cause to be made out, on partments. , . . , „ ' See Act of Tuesday of each week, a pay-roll contammg the name or each April 20. person employed by the day or week, their occupations, and l. 352. . Pav-rolls to the amounts due to such persons, and submit the same to the be approved ,. , «i •i-at-atitik-v.itik before being committee having charge 01 the said ******* passed, street department. And if the said committee shall endorse the said pav-roll as correct, the same shall be sent to the Clerk " . Exceptions. of the Council, who shall cause the aforesaid pay-roll to be read, [unless the reading therof shall be dispensed with by March 11, the unanimous consent of council] and if Council so direct, he shall draw an order for the several amounts due in favor of [the head of the department sending in the pay-roll, for the amount, in gross, of said pay-roll. The said head of depart- Time for the ' *^ ' ^ "^ ^ payment of ment, upon the following day, shall, between the hours of four employees, and eight o'clock P. M., pay to the persons named in said pay- roll, the respective amounts set opposite their names, and take their receipts upon a pay-roll book, upon which he shall copy the said pay-roll, which pay-roll book shall be filed in his office. Provided, however, that w^hen the Council shall issue warrants Warrants. payable at a future time, said warrants shall be drawn in fa- 1. The reference made in this section to the street committee of The Council, and to The Council, is no longer applicable. The Street and Sewer Department has full charge of the matter. 616 OBDINANCES. vor of each person named in the pay-roll, and said warrants shall be delivered to them by the head of the department, in lieu of mone}" as before provided.] Clerk of Sec. 3. The Clerk of the Council shall, on the last Thurs- Council. • day of each month, make out or cause to be made out, a pav- Citv officers' *' ' t-t^v? ^i- pay-roll to roU Containing the names of all the salaried officers of the city to Finance government, IMembers of the Council and Board of Health, for approval, [and the names of all the emploj-ees of Department of Engi- Aug. oi, 18/4. ^^^^^.^^ and Surveying] who shall be paid [monthly,] their position and the amount due each one named on said pay-roll, and submit the same to the Finance Committee, and if said committee indorse the said pay-roll as correct, the Clerk shall cause the same to be read at the next regular meeting of the Council. And if Council so direct, he shall draw orders in favor of the parties so named on said pay-roll, [the said orders Orders, when to be Called f or at the City Treasurer 's office, on and after the Tuesday next following.] Placing the Sec. 4. That any pay-roll, made out, or caused to be made per?on°on"^ out, by the head of any department, or by the Clerk of Coun- propeHy"m- cil. Containing the name or names of any person, or persons, ccmsmute a ^ot properly employed, as pro\'ided for by the ordinances of meamjr, and this city, the pcrson SO offending shall be guilty of a misde- so^off"nd/Jig meanor, and shall at once be suspended from performing the pended!etc.' dutics pertaining to the said position, and upon the election of a successor his connection thereto shall cease. Pay-rolls, g^c. 5. That the pav-rolls, after having been acted upon upon by ]3y Couucil, shall be sent to the City Treasurer, who shall copy shall be'sent the Same in the pay-roll book, and the said Treasurer, or in to the City -^ "^ ' ' . Treasurer, j^jg absence, then his legal representatives, shall take a receipt Treasurer qu the Said pav-roll book for everj^ amount so paid. * * * on receipt of -^ * pay-roll. vPTienTreas- Sec. 10. So much of the Treasurer's accoimts as shall be counts shall affected by this ordinance, shall be audited, on or before the tenth day of each and every month, and a report of the same made to Council at the first stated meeting thereafter. Passed at City Hall, March 23, 1871. urer s ac- counts shi be audited. ORDINANCES. 617 CHAPTER III DEPARTMENT OF ENGINEERING AND SURVEYING. AN ORDINANCE to create the Department of Engineermg and Surveying for the City of Wilmington. Section 1. The. Department of Engineering and Survey- ing, hereby established, shall be under the control of the Com- 'mittee on Opening Streets, («) who shall exercise a general supervision over the Engineering and Surveying Department, and to whose direction the Chief Engineer and officers shall conform. [That the officers ot the Department of Engineer- ^®^- ^' ^^^^• ing and Surveying shall consist of one Chief Engineer, and Department, two or more Assistant Engineers as Council shall think neces- sary, and designated as First, Second, and Third Assistant Engineers.^ That the Chief Engineer and Assistant Engi- neers shall be known collectively by the title of Engineers of the City of Wilmington.] (ffl) When "The Council" had control of the streets it had such a committee. The Street and Sewer Department was created in 1887, and since that time ' ' The Council ' ' has had nothing to do with the streets. It has no such committee now. The Council appoints and pays the officers named in the above sec- tion, but they devote all their time and labor to the Street and Sewer De- partment, and must attend their meetings when required so to do, and ad- vise, &c., the Department. See Sec. 5 of the Street and Sewer Act, p. 230 of of this volume. Section 6 of the above Act gives the Department power and author- ity to name and appoint all the officers it desires — its own surveyors and engineers, for instance, though in that ease it would have to i^ay them itself. These officials should be under the absolute and exclusive control of the Street and Sewer Department. , 1. An ordinance passed February 10, 1910, has changed the above sec- tion. The revision of the Charter, Laws and Ordinances is brought up to January 1, 1910, so that the above mentioned ordinance does not appear herein. 618 ORDINANCES. Election of Chief En- gineer and Assistants. Term of ofHce. Feb. S, 1883. Salaries. Sec. 2. The Council shall, at the first stated meeting in February, 1871, elect a Chief Engineer and Surveyor for the term of three years * * * and at the same meeting shall elect two or more Assistants (one of whom shall be a good draftsman, and one capable of keeping accounts) for the term of three years. [That the salary of the Chief Engineer shall be two thousand dollars per annum, payable monthly. That the salary of the First Assistant Engineer shall be one thou- sand dollars per year, payable monthly, and the salary of the Second Assistant Engineer shall be nine hundred dollars per annum, payable monthly] but, nevertheless, upon proof of in- competence or neglect of their duties, either in field or office, the Council shall have power to remove- any or all of those elected to fill the offices created bv this ordinance. The Chief Engineer shall be sworn and give bond. Bond to be approved. Assistant Surveyors shall be sworn and give bond. Sec. 3. The head of this department is the Chief Engi- neer and Surveyor, and he, before entering upon his duties, shall make oath or affirmation before a Judge of the Superior Court or the IMayor, faithfully to discharge the duties con- nected with his office, as the same then are, or may hereafter be lawfully defined, and in addition he shall, before entering upon said office, execute a bond ^^dth two sureties to be ap- proved by the ]\Ia3'or and President of Council in the sum of two thousand dollars, conditional for the payment of any dam- ages which may be sustained or incurred for or in consequence of any mistake. or error made by him in giving the line or lines, or grade or grades of any lot or lots which he may survej^ by virtue of his office, which bond shall be for the bentfit of any person or persons so aggrieved; {^) provided, that the same shall not be recoverable unless prosecuted during his term of office, or within one year after the expiration thereof. (a) This decision, or the giving of lines, does not bind the property owner, for he is not to be the judge of titles of real estate. That matter belongs to the courts. Xivin vs. Stevens, 5 Har. 272 at 275. (vr. 18.50) Sec. 4. Each Assistant Survej'or shall be subject to the orders of the Chief Engineer or Surveyor, and, before enter- ing upon the duties of his office, shall make oath or affirmation before one of the Judges of the Superior Court, or the Mayor, that he will faithfully discharge the duties of his office as the ORDINANCES. 619 same then are, or may thereafter be lawfully defined, and each said Assistant Snrveyor or Regnlator shall, before entering . upon said office, execnte a bond with two sureties, to be ap- appr^oved.^® proved by the ]\Iayor and President of the Council, in the sum of two thousand dollars, under the same conditions as provided for in section third. Sec. 5. The Chief Engineer and Survevor shall have the duties of '^ • Chief superintendence and direction of all surveys and regulations Engineer, as authorized by Acts of Legislature and ordinances of the City of Wilmington, now in force or hereafter to be enacted by Legislature or the City of Wilmington ; he shall sign all plans and profiles or surveys, regulations, bridges and culverts when called for ; he shall furnish the Committees of Opening Streets and Streets, with all plans and specifications for laying out, grading and regulating streets and public ways, and for bridges, culverts, location of inlets or other improvements to be done under the superintendence of said committees ; he shall have charge of all instruments, maps, plans, drawings, records and books relating to the surveys, regulations, grades, culverts, sewers, bridges, wharves, and rivers of the city and all such shall be the property of the City of Wilmington ; he shall, when required, attend meetings, and consult and ad- vise («) with the Council, and its committees, and other de- partments of the City Government. (a) The city should consult with, and follow the advice of its en- gineer in doing -n'ork, for, by so doing it may avoid liability that would otherwise come to it. Comegys, C. J: "But I wish the jury to understand that what has been said with respect to immunity of the city from responsibility for error of judgment is meant to be confined to cases where competent persons — for example, a city engineer — have been previously consulted, and have given an opinion which has been followed. But where the city authorities have not followed the advice of such engineer, or have not applied for it at all, but have acted upon their own judgment, as they have th6 right to do, they — that is, the corporation, * * must take the consequences of tlieir mistake or error of judgment, if such there shall be found to have been. ' ' Harrigan vs. Wilmington, 8 Houst. 140 at 143-144. (yr. 1888) See Huey vs. Eichardsou, 2 Har. 206 at 213. (yr. 1837) The Street and Sewer Department, now, has charge of the above matters and things. The language in Sec. 5 of the Street and Sewer Act (p. 230 of this volume) is similar to the last three lines of the above sec- tion. It is as follows: ' ' He shall when required by said directors, attend their meetings, and consult and advise with them, or either of them. ' ' 620 ORDINANCES. City map. ggQ_ Q jpj^g Chief Engineer and Surveyor shall make, or . cause to be made, a citj^ map, and duplicates of the same, to be disposed of as called for by City Charter. This map is to be made in sections, the scale not greater than one hundred feet to the inch, on which shall be placed all grades; («) widths of streets, alleys and pavements, lengths of each square, all and any variation that may be found in them, centre stones, sur- - veying and leveling marks, culverts, sewers, inlets, bridges, and all and any alteration, or alterations and additions, shall at once be recorded thereon, the grades shall be placed thereon as so many feet above mean low water, in the Christiana river at Market street bridge. He shall also cause to be made a book Plans. or books of plans of the City of Wilmington, divided into sec- tions, each section to be one square, each section not to be over fifty feet to the inch, so far as the streets are or shall be laid out, which shall show the situation and dimensions of each property therein, with the city numbers thereof, and who are the owners, with such succession of blank columns as will per- mit the names of future owners to be entered therein, with the date of transfer, and with index for recording such names al- phabetically. He shall bring up said book or books in their registry as near as practicable to the date of each annual meet- ing of the Board of Revision. He shall note, in an intelligible manner in their proper places, upon all said plots and dia- grams, all permanent marks of reference, now made or which may be hereafter made, in any of the said squares, streets, al- leys or public places, whether the same relate to lines, culverts, sewers, water-courses or bridges, explanations and descrip- tions of which shall be written in the proper books of refer- ence, indexed and numbered. He shall record in a book, to be kept for that purpose, marked ' ' street, angles and distances, ' ' an accurate description of the angles, the points of beginning and ending of each street line and distance between said points. He shall also record in another book, marked ' ' grades of streets, sewers, drains, etc.," an accurate description of all grades of the streets, alleys, sewers, drains, etc. He shall also Order book, ^ecp an Order book, upon which shall, at once, be placed all or- ders for surveying, etc., the date w^hen ordered, and the date to be placed thereon when done, also the amount of charges ORDINANCES. 621 for the same, wliicli must be paid for wjien ordered, and it shall be his duty'to have all orders for surveys to be made with the view to the erection of new buildings, or other work to be attended to within four working days after notice so to do is given. He shall, also, with the other Surveyors or Regulators, ^"pa^/ty^ ^^ act in respect to party walls, etc., as is required by Sections "^^'^ii^- [131. 132 and 133 of City Charter.] (a) Persons must take notice of the grades of streets as laid out on the city map or plan. Cullen, J.: "If, however, you are satisfied from the proof offered, that the injury sustained was such as was necessarily incident to plaintiff 's property by reason of its location, when the streets and sidewalks should be brought to the grade then existing when he pur- chased this house of which he was bound to take notice, — in such case your verdict should be for the defendants. ' ' Benson vs. Mayor and Council of Wil., 9 Houst. 359 at 364. (vr. 1893) See Clark vs. Wilmington, 5 Har. 243. (yr. 1849) Sec. 7. The Chief Engineer and Surveyor shall collect Accounts, and receive and keep an account thereof, in a book for that purpose, all the fees and charges connected with the office of the department of surveys ; and he shall, at the close of each month, make returns, under oath or affirmation, to the City Auditor, of each item of moneys received by him, and imme- diately pay the same to the City Treasurer as other moneys belonging to the city are paid. He shall also make an annual ^^^ ^^^ report on the first of January, to the Council, in each and every year, of the action and work of this department, and therewith shall be an account of all moneys received and ex- pended. Sec. 8. Each Assistant Engineer or Reg-ulator shall keep J^t-&n-^^^' an accurate record, in a book provided by the city for that f "gp'^a^i-lcord purpose, of all surveys and adjustments of party lines, and all l^one?"^^ other Avork done hy him. He shall also designate the proper lines, levels and grades, as established by the confirmed plan of the city, and shall, when the Chief Engineer thinks necessary, furnish plans and drawings of the same ; and he shall in every way assist and forward the work of the department, and all such plans, surveys, drawings, records, minutes, notes, mem- oranda and regulations shall be the property of the City of Wilmington. 622 ORDINANCES. Building lines ob- tained. Penalty for neglect or refusal. Removing or defacing centre stones. Penalty, Sec. 9. If anj^ person or persons shall begin the founda- tion or erect any buildings adjoining to or iipon any street, road, lane, court or alley, or on the line of his, her of their neighbor's ground, without first applying to and having- the line or lines thereof regulated and marked («) by one of the Surveyors or Regulators, or shall deviate therefrom by extend- ing his, her or their building or buildings beyond any or either of the lines or boundaries marked as aforesaid, unless deter- mined otherwise by appeal, every owner or master-builder shall severally forfeit and pay the sum of fifty dollars; and any person or persons removing or defacing centre stones or other permanent surveying or leveling marks, shall also be liable in the sum of fifty dollars, to be recovered in the same manner as penalties of like amount are now or hereafter may be, by law recoverable, and said fines shall be paid into the city treasury. (a) The Court: "The owners of lots hold them subject to this plan. * * Hence the necessity of ajiplying to the regulators for building directions. ' ' Clark vs. Wilmington, 5 Har. 243. (jr. 1894) See Mvin vs. Stevens, 5 Har. 272 at 275. (yr. 18.50) Contracts certified. Penalty for violation, $20. Sec. 10. All contracts for grading, paving or curbing, entered into by the city, shall specify that the accurate meas- urement thereof, shall be certified by one of the Surveyors or Regulators, and no curbing shall be set, highways graded, nor gutters laid, unless in accordance with regulations furnished by one of the Surveyors or Regulators, under a penalty of twenty dollars, to be paid by the contractor, and shall be re- covered as debts of like amount are, or may be by law recov- ered. Office and custody of instruments, etc. ^ Sec. 11. A suitable office shall be provided for said de- partment, in which shall be kept, imder the custody of the Chief Engineer and Surveyor, all the instruments, books, rec- ords and plans relating to the surveys, regulations, sewerage and bridges connected with the City of Wilmington. That the fees and charges of the Department of Engineering ORDINANCES. 623 and Surveying shall be paid in advance, and shall be as fol- ^^^- ^' i^^^- lows, to wit : For marking one building line $2.00 p^^g For marking two building lines 2.80 For marking three building lines 3.60 For marking four building lines 4.00 For marking front or building line of lot where more than one building is erected, each additional building line shall be charged one-half the usual rates, viz : 1.00 For marking grade and height of pavement at curb or building line for one building. . . . ; 2.00 For each additional contiguous building on the same grade 1.00 For marking curb line and height of curb in front of property not built upon for each front of fifty feet or less 2.00 For each additional contiguous front 1.00 For marking curb line and height of curb in front of dwelling not exceeding fifty feet 2.00 For marking curb line and height of curb in front of dwelling or other building more than fifty feet. . . 3.00 For each additional contiguoiLS dwelling or building of less than fifty feet front 1.00 For measuring and valuing partition walls and making out certificate of valuation, each 2.00 For other services, not enumerated above, the fees to be charged according to the time required for the performance of the work, or to be agreed upon by the Chief Engineer and the party ordering the same. The following charges shall be made for information fur- nished from the records of the department : For examination of plans and records $0.25 For examination of plans, etc., and short abstract 50 For copies of documents, per 100 words 10 For copies of plans, per hour consumed in their prepa- ration 1.00 624 ORDINANCES. For copies of plans, no charge less than one dollar. For information from records of streets, sewers, culverts and drains 50 For copy of official return of survey 50 Feb. 8, 1883. For official certificate 50 Passed at City Hall, January- 5, 1871. ORDINANCES. 625 CHAPTER IV FIRE DEPARTMENT. Page Page 1. Regulating the Fire De- 7. Liberty Fire Engine Com- partment . 625 pany . 637 2. Protection of Fire Appa- 8. Fire Alarm Districts 638 ratus 628 9. Water Witcii Fire Engine 3. Reorganization and Regu- Company 642 lation of Fire Department 628 10. Providing Horses and 4. Delaware Fire Engine Wagons for Officers 643 Company 634 11. Salaries and Allowances of 5. Regulation of Street Cars j Certain Officers 644 and Vehicles in Case of 12. Independence Fire Corn- Fires 635 pany 644 6. Badges of Firemen 636 13. Brandywine Fire Company 645 1 14. Union Fire Company 646 AN ORDINANCE to prevent damages from fire, and to regu- late the Fire Department. Section 1. If any inhabitant of this city shall cause or chimneys taking fire. suffer his or her chimney to take fire, so that the same shall blaze out at the top, every such person shall forfeit and pay the sum of five dollars. («) If any chimney shall take fire, so Penalty. as to blaze out at the top, within thirty days after the same ^ . , .,., ^ ^ ' J J ^ Liability of shall have been swept, the sweeper thereof, if he is his own chimney ^ ' -^ ' _ sweeper. master, or the master, if he has one, shall forfeit and pay the sum of one dollar. (a) If a chimney become weakened from a fire so as to be in danger of falling, firemen may pull it down without being liable for damages. J. M. Clayton, C. J.: "In the case of Dewey vs. White et al., 1 Moody & Malkiu, .56, where a stack of chim- neys belonging to a house close to a highway, which, by reason of a former fire was in immediate danger of falling on the highway, and was thrown down by some firemen belonging to the British -fire office, it was held by Best, Chief Justice, in analogy to the doctrine of nuisances, that they were justified in so doing, and were not answerable in an action of trespass quare clausum fregit for damages unavodiably done to an ad- joining house of the plaintiff, by forcing and throwing the stack of chimneys on its roof. These firemen were acting in this business for the benefit of the public, and the Chief Justice did not hesitate to declare. 626 ORDINANCES. License of chimney sweeper. Penalty. that, as it ■was their right and their duty to do the act thus done, they were not answerable in that action. ' ' Huey vs. Richardson, 2 Har. 206 at 213-14. (yi-. 1837) No person shall exercise the business of a chimney sweeper until he shall be licensed for that purpose by the Council ; nor shall any such chimney sweeper charge more than ten cents per story for sweeping a chimnej^ under the pen- alty of one dollar for each offence. False alarm of Are. Penalty. Sec. 2. If anj^ person or persons shall hereafter cause a false alarm of fire to be raised, within the limits of this city, or be concerned in raising said alarm, he, she or they, so of- fending, shall each forfeit and pay a fine of not less than one dollar, and not exceeding ten dollars, and shall suffer impris- onment until said fine and costs are paid. * Amended. Dec. 31. 1SS5; repealed. Aug. 5. 18S6. Removing of fire appa- ratus. Jan. 6. 1SS2. Penalty. Members shall not assemble after 10 o'clock P. M. Penalty. Sec. 3. ********* Sec. 4. In the event of any fire company removing ap- paratus from their building between sunset and daybreak, [except on a fire alarm signal, struck from one of the boxes,] or without the knowledge of some officer of such company, of the absolute existence of fire, such company shall forfeit the sum of ten dollars for each and eveiy such offence, to be de- ducted from the city appropriation. If any fire company shall permit or suffer its own mem- bers or any other person to assemble in the apparatus room belonging to said company, after the hour of ten o'clock P. M., they shall forfeit the sum of ten dollars, to be deducted as aforesaid. Provided, that nothing in this section shall be so construed as to prohibit the members of any company from entering or assembling in their house for the purpose of re- mo\nng or replacing the apparatus during or immediately after a fire. Racing of Sec. 5. If anv fire companv shall be found racing («) fire com- • <. i i j •u.-u panics, etc., -^yith another on returning from a fire or false alarm, and witn- prohiblted. "^ ■, ti r> r- •. out having their bells muffled, the said company shall torleit Penalty, $10. the sum of ten dollars, to be deducted out of the city appro- ORDINANCES. 627 priation as aforesaid ; and if any fire company which maj^ not belong within the limits of this city, entering the same during a fire, or an alarm of fire, shall not comply with and observe Companies. the provisions of this section, the member or members, or other person or persons, connected with the engine of tlie said company, violating or aiding and assisting to violate this pro- vision, shall be arrested, and upon conviction thereof, shall forfeit and pay a fine of not less than one dollar and not more Pe"^!'^^'- than ten dollars. (a) Lore, C. J.: "If Courtney was racing with the driver of the Friendship engine, or was driving at an immod- erate gait at the time of the accident, he was thereby violating ordinances of the city, and was guilty of negligence per se ; and if his death resulted from such racing or immoderate gait, the plaintiff cannot recover. We cannot charge you, as requested by counsel for plaintiff, that the driver of the fire engine is governed by other rules, than an ordinary traveler on the highway, as to racing or going at an immoderate gait. Under the ordinance, he has the right of way, but in other respects he is subject to precisely the same rules as other travelers, that is, in driving on the streets he must use his senses, and take reasonable care and caution to avoid danger, and to prevent injury to himself and to others. ' ' Carswell Admr. vs. Wilmington, 2 Marv. 360 at 365. (yr. 1897) No minors, except those over eighteen years of age, who Minors, un- r. ^ 1 • r. 1 „ der 18 years. were members oi a nre company at the time oi the passage oi not allowed .1-,,,.™, r\ -I- '^o ^^^ with the ordinance entitled, A Supplement to an Ordinance, en- fire com- titled An Ordinance for the better regulation of the Fire De- partment, " passed at the Cit}" Hall, April 13, 1849, shall run Avitli a fire engine or hose carriage, either to or from a fire, or during a false alarm, under a penalty of not less than one or Penalty. more than ten dollars. Sec. 6. [The several fire companies shall, on the first te^sT^'*^"""^ Monday in May and October in each and every year, cause a sept"i"i887 practical test of their engines to be made at a place and in a manner to be decided upon by the Committee on Fire Com- panies of the Council. Said test to be under the control and direction of said committee. No company shall receive any portion of their annual ap- propriation, unless they comply with the above provision, and only such companies shall share such appropriations, whose apparatus shall be in a good and sufficient condition.] 628 ORDINANCES. Sec. 7, All ordinances and parts of ordinances in con- flict with the foregoing provisions are hereby repealed. Passed at City Hall, October 13, 1856. Driving over hose. Penalty. Proviso. Recovery of of fine. AN ORDINANCE for the better protection of the fire appa- ratus. Section 1. If any person or persons shall procure the passage of any cart, dray or wheeled wagon over the hose be- longing to any fire company of this city, which has been laid for use at a fire or supposed fire, every person, so offending, shall forfeit and pay a fixie of not less than five or more than ten dollars ; provided, that this ordinance shall not be taken to apply to any person who may pass over such hose vsdth a cart, dray or wheeled wagon which is designed to be used at such fire or supposed fire ; the fines to be recovered before the [Municipal Court] as debts of like amount are recoverable by law. Passed at City Hall, July 28, 1859. . Names of fire engine companies and their locations. AN ORDINANCE to further reorganize the Fire Department of the City of Wilmington. Section 1. The fire department of the City of Wilming- ton, shall consist of eight^ steam fire engines, enumerated and located as follows : Friendship — Location of engine house, Tenth and Ship- ley streets.^ Reliance — Location of engine house, Fifth between Wal- nut and Poplar.^ Delaware — Located, French street between Fifth and Sixth. Phoenix — Located, Twelfth and King streets. 1. Increased to twelve by subsequent ordinances. 2. Now located on Tatnall between Tenth and Eleventh streets. 3. Now located at southeast corner Fourth and Lombard streets. ORDINANCES. 629 Water Witcli^ — Located, Gilpin avenue near Scott street. Fame Hose— Located, Second street between Shipley and Orange. - Washington — Located, French between Third and Fourth. Weccacoe — Located, Jackson street between Front and Second.^ [Liberty* — Located, New Castle avenue and A street.] [ Brandy wine^ — Located, 25th and IMarket streets.] [Union ^ — Located, Lancaster avenue and Union street.] [Independence" — Located, 17th and Claymont streets.] Sec. 2. The Fire Department at any time may be in- Department may be in- creased by application to the Council, two-thirds of the mem- creased. bers thereof concurring by ordinance being read at three regular stated meetings of the Council. " ^ Superceded by Chapter Q„p, q ********* 212, Vol. 19. ^^^- '^- Laws of Del., passed May Sec. 4. The Chief Engineer, who shall at least be oi the 5. i89i. age of twenty-five years, and shall have been a resident of this Quaiifica- ,., . -.,. , tions and City for rive years immediately previous to his election, and powers of shall assume the duties of his office on the first IMonclay in ^May. gineer. He shall have full control of the Fire Department at all fires, assign to each company their respective duties when neces- sary, and dismiss them when their services are no longer re- quired.^ He may prescribe rules («) for the regulation and man- Make rules. agement of the companies at fires, and on going to and return- ing from fires. (a) As to the meaning of the word "rules" see the case of Morris et at vs. Pilot Coms., 7 Del. Ch. 136. (yr. 1894) (See Sec. 76 "a" of the Charter.) 1. Reorganized, reincorporated and reinstated, location being changed. See ordinance of August 10. 1893, page 642, and Vol. 20 D. L. 670. 2. Reincorporated as Fame Fire Company. 3. Now located at southeast corner Second and Jackson streets. 4. See ordinance of March 26, 1891. Page 637 this volume. 5. See ordinance of March 31, 1903. Page G45 this volume. 6. See ordinance of June 30, 1903. Page 646 this volume. 7. See ordinance of September 14, 1905. Page 644 this volume. 8. For duties of Chief Engineer as to fire escapes, see Revised Code, of 1893 as amended, page 929. 630 OEDINANCES. Call the police. Enclosure of fire. Each month make a re- port to the Council of all fires. Ordinance. May 10, 1894. Duties of Chief-En- gineer. Report. Dress. Ordinance, May 24, 1900. Salary. He shall have power to summons the police for maintain- ing order, and protecting property during the continuance of fires, and when necessary, in his judgment, shall cause ropes to be placed across the streets to prevent accidents, and admit none within the limits enclosed excepting equipped firemen and those immediately interested in the property. He shall [at the first stated meeting in each month make a report to the Council of all fires, the losses thereby and the condition of the companies in service at said fire or fires, and] at the last stated meeting of the Council in the month of April each year, ren- der a report containing an account of all fires during the year, with the probable cause and loss, as nearly as can be ascer- tained. Also, the number of active members, number of feet of hose, and condition of apparatus and hose of each company. It shall be his duty to be present at all fires, and wear at such times a suitable badge or dress, whereby his office may be read- ily recognized. He shall receive for his services [six] hundred dollars per annum, paid [monthly.]^ Duties of Assistant Engineers. Salaries of Assistant Engineers. Ordinance, May 24. 1900. Sec. 5. It shall be the dutj^ of the Assistant Engineers, who shall possess all the qualifications of the Chief Engineer, to be present at all fires, and assist the Chief Engineer in the discharge of the duties of his office, and in the absence of the Chief Engineer, the First Assistant shall assume the duties of his office and in the absence of the others the Second Assistant shall perform said duties, and be obeyed accordingly. They shall wear badges to designate their office, and shall be paid for their services (three)- hundred dollars each per annum, payable [monthly.] Use of apparatus. Ordinance, Sept. 26, 1901, Sec. 6. No fire company shall attend any fire outside of the city limits, nor send, suffer, or permit its engine and appa- ratus to be present at such fire, unless with the consent of the Chief Engineer, or the Assistant Engineer in charge. No tire company shall permit its fire apparatus to be used on a trial 1. Salary of Chief Engineer now is $900. See ordinance Sept. 27, 1909, page 644 of this volume. 2. Salary, of Assistant Engineers now is $400. See ordinance Sept. 27, 1909, page 644 of this volume. ORDINANCES. 631 of skill, or for testing the power or capacity of its engine. Should, any of the fire companies refuse to obey the authority ^,j|^ience. or lawful commands of the Chief Engineer, or of the Assistant Engineer in charge, or be engaged in riotous or disorderly con- Misconduct, duct, the Chief Engineer may suspend such company or com- suspension, panics from active service for a period of not less than one, nor more than three montlis, and shall report the same to the Council. The appropriation for such company or companies shall be discontinued during the time it or they are out of ser- vice. From the decision of the Chief Engineer, provided for Ng.appeai. in this section, there shall be no appeal. Sec. 7. After the passage of this ordinance, each fire com- Badges. pany shall cause to be worn by its members, during the time of fires, a uniform badge, made of metal, with the name of the fire department and number thereon ; said badge shall be the property of the company. Any person not a member of the department wearing such badge, or what purports to be a badge of any fire company, shall forfeit and pay a fine of five dollars. It shall be the duty of the Secretary of each company to numbers.'^^ keep a register of the members of the company, with the cor- responding numbers of their badges, and to furnish the Chief of Police, Chief Engineer, and two xVssistant Engineers with a copy of the members, and the number of their badges, and to report all changes in the list of members, showing the new members, and those that have been expelled. Sec. 8. Should charges be preferred by any two com-^^^[^^^ panics against the Chief Engineer, or Assistants, for conduct S^illr^nd unbecoming an officer, or failure to perform their duties, he assistants, or they shall be tried by the Council, and if the charges be g^^ ^g ^ l. sustained, he, or they, shall be dismissed, and a new elections-b- ordered to fill the vacancy or vacancies. Ordinance. Sec. 9. [If by accident to any engine, hose carriage or Jj^^;^^^^;^^'^'^^;. other fire apparatus of any fire company, the said fire com- ratus%^esf-' pany shall be thrown out of service, the President of said com- p|nv*ton°o^' pany shall immediately make a report to the Chief Engineer, Engi^eei* 632 ORDINANCES. Reason for loss of ser- vice, etc. Chief En- gineer to as- sign anotlier company. To assign another company when any company is called out of city. stating the reason for the loss of service of said company and the probable length of time that said loss of service may con- tinue. Upon the receipt of this report, it shall be the duty of the Chief Engineer immediately to notify any fire company which he may see fit, to respond to all alarms which said com- pany out of service would ordinarily respond to, for and dur- ing the period of time the said company shall be out of ser- vice. Whenever any fire company shall be called out of the city, it shall be the duty of the Chief Engineer to notify any company which he may see fit, to respond to all alarms which said company out of the city would ordinarily respond to, for and during the period of time which said absence from the city may continue. To first se- cure other apparatus before send- ing away any appa- ratus for re- pairs. It shall be the duty of every fire company before sending away for repairs any of its fire apparatus, to first secure ap- paratus to take the place of that about to be sent away for re- pairs. Company If any fire company shall remain out of service more than vi'ce" or toils thirty (30) days, or shall fail to comply with any of the pro- w°i«apro^ visions of tliis section for more than thirty (30) days, the Fire Fh4°com- Committee of Council may, in its discretion, withhold and de- withhoid and ^luct from the fire appropriation to said company the sum of a^i'^rop/^°-"^ ^^'^ dollars ($5) per day for each and every day, after said tion. period of thirty (30) days, during which said fire company shall be out of service or shall fail to comply with any of the provisions of this section.] Hose. Jones coupling. Report. Sec. 10. It shall be the duty of each company to have constantly on hand not less than one thousand feet of good, serviceable hose, and to keep their apparatus in good order. After the passage of this ordinance, all companies pro- curing hose shall have attached the Jones coupling, Pittsburg standard, and the fire plugs throughout the city shall have at- tached to them a uniform standard of outlet. The Chief Engineer shall see that the companies comply with the provisions of this section, and shall report upon the same monthly to the Fire Committee of Council. ORDINANCES. 633 Each coinpai;;y shall also be required, within two months jY^JJjII^"'^ after the passage of this ordinance, to procure two relief valves and stop nozzles. Sec. 11. After the passage of this ordinance, any person Penalty for ^ " 7^0. striking or persons who may cause a false alarm to be struck upon the false alarm, fire alarm telegraph of this city, knowing such alarm to be false, or who shall himself knowingly strike such false alarm, shall be liable to a penalty of not less than ten dollars nor more than twenty dollars. Any person or persons who shall wilfullv damage or place any obstruction upon the fire alarm telegraph wires, or who shall damage, mutilate, or in any way wires. unlawfully interfere with the wires, poles, boxes, or any other property belonging to the said fire alarm telegraph, or who shall place or cause to be placed on any of the fire alarm tele- ^(j^gi-tigi^g graph poles, advertising signs of any description, or who shall si&ns. have in their possession keys to any of the fire alarm boxes, without permission of the Fire Committee of Council, with the intention of using the same, shall, upon conviction thereof, be fined in a sum not less in amoiuit than twenty dollars nor more than fifty dollars; one-half of the fines created by thiSp^^^j^y section shall be for. the use of the city, and one-half for the informer. [That it shall not be lawful for any person other than the April 27, 1893. Chief Engineer of the Fire Department, and the First and Second Assistant Engineers, and the Superintendent of the Fire Alarm Telegraph and his linemen, to use or cause to be used a master key, or release kev used in the fire alarm boxes of Master keys •' ' * _ , _ to fire alarm this city, or to have in his possession such key with the inten- boxes, tion of using the same, as aforesaid, and any one other than the above officers mentioned, who shall use or cause to be used the said master key, or release key, in any of the fire alarm boxes in this city, or have such key in his possession with the intention of using the same, as aforesaid, shall, upon convic- tion thereof before the Municipal Court for the City of Wil- mington, forfeit and pay a fine of twenty-five dollars, besides cost of suit.l 634 Repealed by 25 D. L. 315. Inspection. ORDINANCES. It shall be the duty of the Chief Engineer and Assistant Engineers to prosecute all violations of this section coming to their notice. Sec. 12. ******** * It shall be the duty of the Fire Committee of Council to annually, during the month of February, inspect the fire de- partment and make report of the condition thereof to the City Council within thirty days after said inspection. Sec. 13. The ordinance entitled, "An Ordinance Keor- ganizing the Fire Department of the City of Wilmington," passed at the Citj^ Hall, June 14th, 1877, and all other ordi- nances, and parts of ordinances inconsi.stent with this ordi- nance are hereby repealed. Passed at City Hall, October 28, 1881. Preamble. Company di- rected to sell engine, etc. AN ORDINANCE relating to the "Delaware Stean Fire En- gine Company, No. 3, of ^Yihn^ngton, Delaware." Whereas, The "Delaware Steam Fire Engine Company, Xo. 3, of Wilmington, Delaware," hath, by a communication presented to this Council on March 17th, 1882, represented that a hook and ladder, exclusively, is much needed in the fire department of this city, and by said communication hath sig- nified a willingness on their part to effect such a change ; And Whereas, The Council have adopted the report of the Committee on Fire Companies, to whom the said communi- cation was referred, recommending the said change ; now, therefore. Be it ordained by the Council of Wilmington : Section 1. That the "Delaware Steam Fire Engine Com- pany, Xo. 3, of Wilmington, Delaware," be, and the said com- pany are hereby authorized and directed, Avithout delay, after the passage of this ordinance, to sell and dispose of, on such terms as the said company shall deem advantageous, the steam fire engine, hose carriage, and all apparatus appertaining to ORDINANCES. 635 the same, belonging to the said company, and to procure and purchase out. of the proceeds arising from such sale or dis- posal, or any other moneys in the treasury of said company, a first-class truck, with all the latest improvements, including '^'''"°^' ®*°- four Babcock fire extinguishers. The said truck shall consist of not less than nine ladders, one of said ladders to be an ex- tension ladder not less than eighty (80) feet long. Provided, however, that no extra pay or compensation shall be allowed to said company to carry into effect the provisions hereinbe- fore mentioned. o 9 # # * =;:< * * * * 25 D. L. 315. Sec. 3. All ordinances or parts of ordinances inconsist- ent with or contrary to the provisions of this ordinance are Hereby repealed, made null and void. Passed at City Hall. April 28, 1*882. AN ACT in relation to fires. . Section 1. That from and after the passage of this ordi- ^^^J^^^j?g ^^^' nance, it shall be the duty of all conductors and drivers of street cars, street railroad cars, upon the approach of any fire apparatus, on its way to a fire, to cause such street railroad cars to come to a stand-still, until such fire apparatus shall have passed such street railroad car, whether such fire apparatus be ap- proaching such street car in front, or rear, and all drivers of j^j-i^^.^i-s of any other vehicle upon the public streets or highways of this 'vehicles, city, shall, upon the approach, whether in front or rear of any fire apparatus, on its way to a fire, cause such vehicle to be drawn to the curb line of such public street or highway, and there remain standing until such fire apparatus shall have passed,' or shall, at the approach of such fire apparatus, draw off on the first cross street or as soon as may be practicable. Sec. 2. Any person refusing or neglecting to comply ^ ,^ ^ v' L o !^ o ^ f . Penalty for with the provisions of this ordinance shall, on conviction there- violation, of, be fined in the sum of five dollars for the use of the citv. 636 ORDINANCES. Duty of locomotive engineers. Penalty. Sec. 3. It shall not be lawful for engineer in charge of any locomotive engine, or conductor in charge of any train of cars upon any railway tracks, to run the same over any line of hose laid across the railroad tracks during an alarm of fire, nor shall it be lawful for any railway employees in any way dur^ ing any fire, or fire alarm, to interfere with the fire depart- ment, and any person neglecting or refusing to obey the pro- visions of this section shall, upon conviction thereof, pay a fine of two hundred dollars. Passed at City Hall, May 10, 1883. Description of official badge. AN ORDINANCE to regulate fire badges. Section 1. That the following shall be the ofiicial badge of the Fire Department of the City of Wilmington : a shield- shaped badge two and one-foui'th inches in length and one and three-fourths inches in wddth, made of German silver, nickle- plated, with the words "Wilmington Fire Department" and a number thereon in raised letters and figures, and no two badges shall contain the same number. Distribution. Lists. Changes in lists. Penalty for wearing im- proper badge. Sec. 2. That the Committee on Fire Companies shall de- liver to each of the fire companies of this city one hundred of such official badges numbered consecutively, to be distributed among the members of said companies ; and it shall be the duty of the Secretary of each fire company, within thirty days after the receipt of such badges, to furnish to the said committee and to the Chief of the Fire Department a list showing to whom each of said badges are given ; and it shall also be the duty of the Secretary of each fire company to notify the said committee and Chief Engineer without delay of any and all changes in the possession of said badges. Sec. 3. If any person not being a member of one of the fire companies of this city shall wear on his person or have in his possession one of such official badges, or if any member of either of the fire companies shall wear one of said badges other than his own, upon conviction thereof before the Municipal Court of said city he shall forfeit and pay a fine of five dollars. ORDINANCES. 637 Sec. 4. Every member of the several fire companies of A^g"3^T89.3*' this city while in service at a fire * * * shall wear in a conspicnons place on his clothes his own official badge ; and it shall be the duty of the Chief Engineer, or other person hav- ing charge of the Fire Department at the fire, or the police officer in charge of the police force present at the fire, to keep all other persons [except members of the Fire Department wearing the badge or service equipments of the several com- ^^^^ ropes. ° ^ - ^ Amendment, panics of the department] outside of the fire ropes placed at Aug. 3, i893. any fire. Passed at City Hall, September 8, 1892. AX ORDINANCE increasing the Fire Department of the City of Wilmington. Whereas, ' ' The Liberty Steam Fire Engine Company, Preamble. No. 9, of the City of Wilmington, Delaware, ' ' hath by an Act of the General Assembly of the State of Delaware, passed at Dover, February 12, A. D. 1891, become an incorporated body, and are now fully equipped for duty and ready to do service as a fire company; and Whereas, The said ''The Liberty Steam Fire Engine Company, No. 9, of the City of Wilmington, Delaware," is situated at the corner of New Castle avenue and A street, in South Wilmington, and in a portion of the city wholly unpro- tected by any other fire company ; now therefore, Be it ordained by "The Council" of Wilmington, two- thirds of the members thereof herein concurring : Section 1. That "The Liberty Steam Fire Engine Com- l-gl^t^pj^.g pany, No. 9, of the City of Wilmington, Delaware," be and ^"^^"^ ^°-' the same is hereby made and constituted a member of the Fire Department of the City of Wilmington under and subject to all the laws, ordinances, rules and regulations of said city or State now in force or that may hereafter be passed or estab- lished, relating to the Fire Department of said city. Sec. 2. That the said "The Liberty Steam Fire Engine Company, No. 9, of the City of Wilmington, Delaware, ' ' shall 638 ORDINANCES. Location. ])q located at the corner of New Castle avenue and A street, in said City of Wilmington. Passed at City Hall, March 26, 1891. AN ORDINANCE in relation to the Fire Department of the City of Wilmington. Amendment, [That Section 1 of an ordinance entitled, "An Ordinance Ordinance, '- ' Oct. 1, 1906. in Relation to the Fire Department of the City of Wilming- ton," passed February 9th, 1895,' as amended by an ordinance passed December 22d, 1898, be and the same is hereby amended and inserting in lieu thereof, and as a substitute therefore, the following: Section 1. That' from and after the first day of Septem- ber, A. D. 1906, the several fire companies of the Fire Depart- ment of the City of Wilmington shall respond to alarms of fire from the fire alarm boxes hereinafter designated for each com- pany respectively, and in the manner and order hereinafter designated. FriendsWp Steam Fire Engine Company shall respond to alarms from the following boxes : First Alarm— 3. 5, 6. 7. 8, 9, 12. 18, 27. 28, 32, 34. 35, 43, 45, 46. 51, 64, 71, 73, 112, 113. 114, 116, 117, 123, 127, 134, 136, 143, 145, 152. 154, 164, 212, 214, 215, 216, 223, 224, 225, 226, 234, 241. Second Alarm— 13. 14. 15. 16, 21, 23, 24, 26, 36, 41, 52, 54, 61, 72, 115, 126, 132. 142, 162, 163, 213, 236. Third Alarm— 17. 25, 31, 42, 53, 62, 63, 124, 125, 135, 153, 231, 235. Reliance Steam Fire Engine Company shall respond to alarms from the following boxes: First Alarm— 6, 9, 12, 13, 14, 15, 16, 17, 21, 23, 41, 42, 52, 54, 61, 64, 113, 115, 117, 125, 126, 132, 162, 163, 212. 213, 231, 235. 1. This is an error. It should he 1S93. ORDINANCES. 639 Second Alarm— 7, 18, 24, 26, 31, 32, 31, 35, 36, 46. 51, 62, 71, 114, 116, 123, 124, 135, 142, 143, 145, 152, 153, 154, 164, 214, 215, 223, 224. Third Alarm— 3. 5, 8, 25, 27, 28, 43, 45, 52, 53, 63, 72, 112, 127, 134. 136, 216, 225, 226, 234, 236, 241. Phoenix Steam Fire Engine Company shall respond to alarms from the following boxes : First Alarm— 3, 6, 7, 9, 12, 13, 16, 18, 21, 27, 28, 32, 45, 46, 51, 52, 61, 64, 73, 112, 113, 115, 116, 117, 123, 127, 134, 136, 143, 145, 154, 162. 163, 164, 214, 215, 216, 223, 224, 234, 241. Second Alarm— 5, 8. 14, 15, 17, 34, 35. 41, 42, 43, 54, 71, 72, 114, 125, 126, 132, 142, 152, 212, 213, 225, 226, 236. Third Alarm— 23, 24, 25, 26, 31, 36. 53, 62, 63, 124, 135, 153, 231, 235. Water Witch Steam Fire Engine Company shall respond to alarms from the following boxes : First Alarm— 3, 5, 7, 8, 27, 28, 31, 34, 43, 45, 51, 53, 63, 72, 73, 112, 116, 127, 134. 136, 153, 216, 223, 225. 226,- 236, 241. Second Alarm— 6, 12, 13. 18, 25, 32, 46, 113, 114, 123, 135, 143, 154, 162, 163, 212, 234. Third Alarm— 9, 14, 15, 16, 17, 21, 23, 24, 26, 35, 36, 41, 42, 52, 54, 61, 62, 64, 71, 115, 117, 124, 125, 126. 132. 142, 145, 152, 164, 213, 214, 215, 224, 231, 235. Fame Steam Fire Engine Company shall respond to alarms from the following boxes : First Alarm— 5, 7, 9, 12, 13, 14, 17, 23, 24, 25, 26, 31, 32, 34, 35, 36, 41, 54, 61, 62, 71, 72, 114, 123, 124, 126, 132, 135, 142, 152, 153, 212. Second Alarm— 3, 6, 8, 15, 21, 28, 42, 43. 53, 63, 115, 116, 117, 125, 213, 216, 223, 231, 234, 235, 236, 241. Third Alarm— 16, 18, 27, 45, 46, 51, 52. 64, 73. 112, 113, 127, 134, 136, 143, 145, 154, 162, 163, 164, 214, 215, 224, 225, 226. 640 ORDINANCES. Washington Fire Company shall respond to alarms from the following boxes : First Alarm— 7, 9, 12, 13, 14, 15, 17, 18, 21, 23, 24, 26, 32, 35, 41, 42, 46, 54, 61, 71, 115, 117, 123, 124, 125, 126, 132, 142, 143, 162, 163, 212, 213, 231, 235. Second Alarm— 3, 5, 6, 8, 16, 25, 27, 28, 31, 34, 36, 45, 51, 52, 53, 62, 63, 64, 72, 113, 114, 116, 134, 136, 145, 152, 153, 154, 164, 214, 215, 223, 224, 234, 236, 241. Third Alarm— 43, 73, 112, 127, 135, 216, 225, 226. Weecacoe Steam Fire Engine Company shall respond to alarms from the following boxes : First Alarm— 5, 8, 23, 24, 25, 26, 28, 31, 32, 34, 35, 36, 41, 43, 53, 54, 62, 63, 71, 72, 114, 116, 124, 126, 135, 142, 152, 153, 212, 223, 236. Second Alarm— 7, 9, 12, 14, 17, 45, 61, 73, 112, 123, 127, 132, 136, 216, 241. Third Alarm— 3, 6, 13, 15, 16, 18, 21, 27, 42, 46, 51, 52, 64, 113, 115, 117, 125, 134, 143, 145, 154, 162, 163, 164, 213, 214, 215, 224, 225, 226, 231, 234, 235. Liberty Steam Fire Engine Company shall respond to alarms from the following boxes : First Alarm— 13, 14, 15, 16, 17, 21, 41, 42, 54, 61, 115, 125, 126, 132, 142, 162, 163, 213, 231, 235. Second Alarm— 12, 35, 52, 64, 113, 117, 164, 224. Third Alarm— 3, 5, 6, 7, 8, 9, 18, 23, 24, 25, 26, 27, 28, 31, 32, 34, 36, 43, 45, 46, 51, 53, 62, 63, 71, 72, 73, 112, 114, 116, 123, 124, 127, 134, 135, 136, 143, 145, 152, 153, 154, 212, 214, 215, 216, 223, 225, 226, 234, 236, 241. Brandj^ine Fire Company shall respond to alarms from the following boxes : First Alarm— 3, 6, 7, 16, 18, 46, 51, 52, 64, 113, 136, 143, 145, 154, 162, 164, 214, 215, 224, 234. Second Alarm— 9, 27, 43, 45, 61, 73, 112, 117, 123, 127, 134, 163, 212, 223, 225, 226, 241. ORDINANCES. 641 Third Alarm— 5, 8, 12, 13, 14, 15, 17, 21, 23, 24, 25, 26, 28, 31, 32, 34, 35, 36, 41, 42, 53, 54, 62, 63, 71, 72, 114, 115, 116, 124, 125, 126, 132, 135, 142, 152, 153, 213, 216, 231, 235, 236. Union Fire Company shall respond to alarms from the fol- lowing boxes : First Alarm— 5, 24, 25, 26, 27, 31, 35, 36, 43, 53, 62, 63, 71, 72, 73. 112, 127, 135, 153, 216, 225, 226, 236, 241. Second Alarm— 23, 34, 41, 54, 114, 124, 152. Third Alarm— 3, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 21, 28, 32, 42, 45, 46, 51, 52, 61, 64, 113, 115, 116, 117, 123, 125, 126, 132, 134, 136, 142, 143, 145, 154, 162, 163, 164, 212, 213, 214, 215, 223, 224, 231, 234, 235. Independence Fire Company shall respond to alarms from the following boxes : First Alarm— 6, 15, 16, 17, 18, 21, 42, 46, 52, 64, 113, 115, 125, 143, 162, 163, 164, 214, 215, 224, 234. Second Alarm— 3, 117, 132, 154, 213, 231, 235. Third Alarm— 5, 7, 8, 9, 12, 13, 14, 23, 24, 25, 26 27, 28, 31, 32, 34, 35, 36, 41, 43, 45, 51, 53, 54, 61, 62, 63, 71, 72, 73, 112, 114, 116, 123, 124, 126, 127, 134, 135, 136, 142, 145, 152, 153, 212, 216, 223, 225, 226, 236, 241. Delaware Hook and Ladder Company shall respond to all alarms of fire in the city. The Phoenix Hook and Ladder Company shall respond to all alarms of fire in the city. The Washington Chemical Engine will respond to the fol- lowing boxes on first alarm: 3, 6, 7, 9, 12, 13, 14, 15, 16, 17, 18, 21, 23, 24, 32, 35, 41, 42, 46, 51, 52, 54, 61, 64, 113, 115, 117, 123, 125, 126, 132, 142, 145, 154, 162, 163, 164, 213, 214, 215, 224, 231, 234, 235. The AVeccacoe Chemical Engine will respond to the fol- lowing boxes on first alarm : 5, 8, 12, 23, 24, 25, 26, 27, 28, 31, 32, 34, 35, 36, 41, 43, 45, 53, 54, 62, 63, 71, 72, 73, 112, 114, 116, 123, 124, 126, 127, 134, 135, 136, 142, 152, 153, 212, 216, 223, 225, 226, 236, 241. 642 ORDINANCES. Special calls. New fire alarm boxes. Refusal to respond to alarms. Penalty. Proviso. When additional boxes are placed the Chief Engineer and Assistant Engineer shall have authority to assign them to the different engine companies.] Sec. 2. The Chief Engineer, upon special emergencies, when in his judgment it is undesirable that a regular alarm should be given, shall have authority to call out by special fire alarm calls, to be by him designated, one or more of the said companies for service at any fire in the city, and the company or companies so called out shall respond to such special calls. Sec. 3. The Chief Engineer shall have power to desig- nate the company or companies which shall respond to alarms of fire from any new fire alarm boxes hereafter established. Sec. 4.^ If any fire company shall refuse or neglect to re- spond to the fire alarms in the manner herein designated, the Chief Engineer shall report the same to the Council, and such company shall forfeit a sum equal to one-twelfth of the annual appropriation made to such company, said sum to be deducted from said appropriation for the then current year, if any por- tion thereof shall then remain unpaid, otherwise from the ap- propriation for the next succeeding fiscal year ; provided how- ever, that this section shall not apply during such time as the fire apparatus of any company is disabled temporarily by acci- dent. No appeal. From the decision of the Chief Engineer provided for in this section there shall be no appeal. Passed at City Hall, February 9, 1893. Preamble. AN ORDINANCE increasing the Fire Departmeni of the City of Wilmington.- Whereas, The Water Witch Steam Fire Engine Com- pany, No. 5, of Wilmington, Delaware, has, by an Act of the 1. See 25 D. L. 315 as to agreements with fire companies. 2. For powers of the V7ater Witch Steam Fire Engine Company, No. 5, see 20 D. L. 670 and amendments thereto, page 538 this volume. ORDINANCES. 643 General Assembly of the State of Delaware, passed at Dover, April 12, A. D, 1893, become a reincorporated bod}^, and is now fully equipped for duty, and ready to do service as a fire company; and, Whereas, The said The Water Witch Steam Fire Engine Preamble. Compam", No. 5, of Wilmington, Delaware, is situated on Gil- pin avenue near Scott street in the northwestei'n part of the city, which locality has heretofore been unprotected by reason of being more than one mile from any engine house ; now, therefore, Be it ordained, by The Council, two-thirds of the mem- bers thereof herein concurring : Section 1. That The Water Witch Steam Fjre Engine )^'^ter witch ^ _ Company re- Company, No. 5, of Wilmington, Delaware, be and the same is instated, hereby made and constituted a member of the Fire Depart- ment of the City of Wilmington, under and subject to all the laws, ordinances, rules and regulations of said city or State now in force or that may hereafter be passed or established, relating to the fire department of said city. Sec. 2. That the said The Water Witch Steam Fire En- gine Company, No. 5, of Wilmington, Delaware, shall be lo- cated on Gilpin avenue between Scott and Lincoln streets, in said City of Wilmington. Passed at City Hall, August 10, 1893. AN ORDINANCE to provide and maintain horses, wagons and harness for the use of certain officers of the Fire De- partment. Section 1. That as soon as practicable after the passage cq^jj^jji ^^^^^ of this ordinance the Council shall provide the Chief Engineer provide a ^ ° horse, etc.. and the First and Second Assistant Engineers of the Fire De- f?r the chief ^ Engmeer and partment of the Citv of Wilmington, each, with a horse, the First and ^ * o ' J J Second As- wagon and harness for the use of said officers and their respec- sistant En- _ _ ^ gineers. tive successors in office. 644 OKDINANCES. Sec. 2. That said officers shall not be allowed to use said Not to be used except ance o^f'^'"' ^orses, wag'ons and harness, except when engaged in the per- duties. formance of the duties of their office. Supplied by ordinance of Sent. 27, 1909. Salaries of Chief En- gineer and First and Second As- sistants. Allowance for horse and car- riage. Act is retro- active. Sec. 3. ******** * Sec. 4. That all ordinances or parts of ordinances incon- sistent herewith are hereby repealed. Approved August 1, 1906. AN ORDINANCE to provide for the salaries of certain offi- cers of the Fire Department of the City pf Wilmington, and the amounts to he alloived them for the care of horses and wagons. Be it Ordained by the INIayor and Council of Wilmington : Section 1. That after the first day of September, A. D. 1909, the Chief Engineer of the Fire Department shall receive an annual salary of $900, payable in monthly payments of $75.00 ; the First Assistant Engineer and the Second Assistant Engineer of the said Department shall each receive an annual salary of $400.00, payable in monthly payments of $33.33. Sec. 2. The Chief Engineer of the said Fire Department and the First and Second Assistant Engineer of the Fire De- partment shall each receive $25.00 per month as an allowance for the boarding and shoeing of a horse and the housing of a carriage. Sec. 3. This act is expressly made retroactive to take ef- fect from the first day of September, A. D. 1909, and all ordi- nances or parts of ordinances providing for compensation to any of the officers mentioned in Section 1, of this ordinance, are hereby expressly repealed. Approved September 27, 1909. Preamble. AN ORDINANCE increasing the Fire Department of the City of Wilmington. Whereas, The Independence Steam Fire Engine Com- pany, No. 12, of the City of Wilmington, Delaware, hath, un- ORDINANCES. 645 der the General Corporation Laws of the State of Delaware, passed at Dover, March 10th, A. D. 1899, and amended March 7th, A. D. 1901, become an incorporated body, and are now equipped for duty and ready to do service as a fire company ; and Whereas, The said Independence Steam Fire Engine Compam', No. 12, of the City of Wilmington, Delaware, is situated at the corner of Twelfth and ClajTnont streets, in a portion of the city wholly unprotected by any other fire com- pany, and has been an incorporated body since November 21st, A. D. 1901, and doing active service in this city; now there- fore, Be it ordained by the Council of Wilmington (two-thirds of all the members thereof herein concurring) : Section 1. That from and after September first, A. D. indepen; <36nc6 Fir© 1906, The Independence Steam Fire Engine Company, No. 12, co. made a of the City of Wilmington, Delaware, shall be a member of the the Fire De- Fire Department of the City of Wilmington, under and sub- ject to all the laws, ordinances, rules and regulations of said city or State then in force or that may thereafter be passed or established, relating to the Fire Department of said city. Sec. 2. That the said Independence Steam Fire Engine Company, No. 12, of the City of Wilmington, Delaware, shall Location. be located at the corner of Twelfth and Claymont streets in said City of Wilmington. Approved September 14, 1905. AN ORDINANCE providing for an. appropriation^ for the Brandy wine Fire Company, No. 10, of Wilmington, Dela- ware. Whereas, Brandywine Fire Company, No. 10, of Wil- mington, Delaware, incorporated under the laws of the State of Delaware, has been duly recognized by the Council of Wil- mington as a part of the Fire Department of the said city, 1. See 25 D. L. p. 315 as to agreements "The Council" makes with fire companies, p. 553 of this volume. 22 D. L. 830. 646 ORDINANCES. and has established itself in said city with appropriate appa- ratus for extinguishing fires ; and, Whereas, At the last session of the Legislature of the State of Delaware, an Act entitled, "An Act to Authorize the Mayor and Council of Wilmington, Delaware, to appropriate money for Brandywine Fire Company, No. 10, of Wilming- ton, Delaw^are, ' ' was approved on the second day of February, A. D. 1903,. authorizing an appropriation by the Mayor and Council of Wilmington of Twenty-five Hundred Dollars per annum to the said Brandywine Fire Company, No. 10, now, therefore, in pursuance and by virtue of the power and au- thority of the Act of the General Assembly in that behalf. Be it ordained by the Council of Wilmington : Section 1. That immediatelv after the passage of this See pro VIS- " •<> i ions of 25 D. ordinance, the sum of Twelve Hundred and Fifty Dollars L. 315. ' "^ ($1250.00) shall be paid by the Mayor and Council of Wil- mington to Brandywine Fire Company, No. 10, of Wilming- ton, Delaware, and that hereafter upon the first days of Sep- tember and March of each and every year, the said Brandy- wine Fire Company, No. 10, shall be paid a semi-annual sum of Twelve Hundred and Fifty Dollars ($1250.00), said com- pany to be paid in the same manner and subject to the same conditions and requirements of the laws and ordinances of the City of Wihnington as the other fire companies of said city. Approved March 31, 1903. AN ORDINANCE 'increasing the Fire Department of the City of Wilmington. Whereas, The Union Fire Company, No. 11, of the City of Wilmington, Delaware, has become an incorporated body under the laws of the State of Delaware, and is now fully equipped for duty and ready to do service as a fire company ; and, Whereas, The said Union Fire Company, No. 11, is lo- cated in the Twelfth Ward of the City of Wilmington and iu a part of said city not adequately protected by any other fire ORDINANCES. 647 company, and in which part of said city there is urgent need of a new fire company, Now, Therefore, Be it ordained by the Council of Wil- mington : Section 1. That the Union Fire Company, No. 11, of union Fire the City of Wilmington, Delaware, be and the same is hereby member of '' . the Fire De- made and constituted a member of the Fire Department of the partment. City. of Wilmington, under and subject to all the laws, ordi- nances, rules and regulations of said city or State, now in force or that may hereafter be passed or established, relating to said Fire Department of said city. Sec. 2. That said Union Fire Company, No. 11, shall be located in that part of the City of Wilmington known as the Twelfth Ward. OiiiO. O. Supplied by 25 D. L. 315. Sec. 4. All ordinances or parts of ordinances inconsist- ent with or contrary to the provisions of this ordinance are hereby repealed, made null and void. Approved June 30, 1903. 648 ORDINANCES. CHAPTER V POLICE DEPARTMENT. [Note.— The ordinances relating to the Police Depart- ment are superseded by the Act of the General Assembly, en- titled "An Act to provide for a ]\Innicipal Police Commission for the City of Wilmington, ' ' passed April 18th, 1893, and by the rules and regulations adopted by the Board of Police Com- missioners, pursuant to the provisions of said Act.] ORDINANCES. 649 CHAPTER VI ORDINANCES RELATING TO THE CITY DEBT. Page 1. Loan for New Reservoir, 22. $125,000 650 2. Loan to Purchase Water Rights, $60,000 650 23. 3. Loan for Water Commis- sioners, $60,000 651 24. 4. Loan for Parl< Purposes, $150,000 653 25. 5. Loan for Water Commis- sioners 655 6. Loan for Improving Streets, 26. $100,000 657 7. Loan for Improving Streets, $200,000 659 ,27. 8. Loan for Improving Streets, $200,000 662 I 28. 9. Loan to Redeem Out- standing Bonds, $24,000... 664 i 29. 10. Sinking Fund Bonds, $30,- | 000 666 30. 11. Sinking Fund Bonds, $20,- 000 668 12. Loan for Improving Streets, 31. $125,000 . 669 1 13. Loan to Purchase Park Lands, $50,000 671 32. 14. Loan for Improving Streets, $125,000 673 33. 15. Loan to Redeem Out- standing Bonds, $176,000.. 676 j 34. 16. Loan to Improve Park Lands, $25,000 678 35. 17. Loan for Silverbrook j Sewer, &c., $75,000 680 18. Loan for Silverbrook j 36. Sewer, &c., $50,000 682 19. Loan for IVlayor and Coun- 37. cil and to Pay IVIortgage on Public School No. 9, $50,000 684 I 38. 20. Loan for Park Purposes, $15,000 686 j 21. Loan to Improve Streets j 39. and Extend Sewers, $25,- j 000 688 Page Loan to Improve Streets and Extend Sewers, $25,- 000 690 Loan for Improvement of Parks, $15,000 692 Loan to Purchase and Im- prove Parks, $30,000 694 Loan to Improve Streets and Extend Sewers, $50,- 000 696 Loan for Improvement of Streets and Extension of Sewers, $50,000 699 Loan to Improve Park Lands, $10,000 701 Loan for New Water Sys- tem, $200,000 703 Loan to Purchase and Im- prove Park Lands, $45,000 705 Loan for Completion of New Water System, $800,- 000 707 Loan to Improve Streets, Build Sewers, &c., $250,- 000 710 Loan to Improve Public Parks, $10,000 713 Loan to Improve Public Parks, $5,000 714 ' Loan for Widening Tenth Street, $30,000 716 Loan to Purchase Park Lands and Erect Bath Houses, $20,000 718 Loan to Complete New Water System, $25,000 719 Loan to Improve Streets, Build Sewers, &c., $75,- 000 722 Loan to Improve Streets, Build Sewers, &c., $25,- 000 726 Loan to Improve Streets, Build Sewers, &c., $250,- 000 729 650 ORDINANCES. Page Page 40. Loan to Purchase and Im- prove Park Lands, $25,- 000 732 41. Ratifying a Sale of Bonds for $100,000 to Complete a New Water System 733 42. Loan for Price's Run Sewer, $90,000 739 AN ORDINANCE authorizing a loan of one hundred and hv'enty-five thousand dollars for the construction of a new water reservoir, improving the water works of the city, and for other purposes. Sec. 3. The principal of said bonds shall be payable as follows, to wit ; thirty-five hundred dollars on the first day of September, A. D. eighteen hundred and seventy-six, and a like sum of thirty-five hundred dollars on the first day of Septem- ber in each and every year thereafter, until and including the first day of September, A. D. nineteen hundred and ten, and Final pay- the remaining sum of twenty-five hundred dollars on the first i"i9ii.*^^ ' day of September, A. D. nineteen hundred and eleven, and said bonds shall be issued in series according to the time when they shall severally be payable as aforesaid. Sinking fund. g^^^ 4 Pq^. ^jjg payment and redemption of the principal of the debt which may be contracted under this ordinance, there shall be appropriated and applied in the year eighteen hundred and seventy-six, and in each year thereafter, until and including the year nineteen hundred and ten, the sum of thirty-five hundred dollars, and in the year nineteen hundred and eleven, the sum of twenty-five hundred dollars, according to the requirements of the aforesaid Act. Passed at City Hall, May 7, 1875. AN ORDINANCE authorizing a loan of sixty thousand dol- lars for the purchase of water rights in the South Long Race. Perm of Sec. 2. The bonds which shall be issued under the provi- bonds. . p , sions of this ordinance shall be in form heretofore used, and ORDINANCES. 651 shall be of the denomination of fifty dollars, and multiples of fifty dollars, and shall be divided into numbered series, and made payable, with any interest which may be due thereon, in manner following, to wit : No. 118, for seven thousand four payabie^oct hundred dollars, to fall due and become payable October 1st, U^^^q' A. D. 1913 ; No. 119, for thirty-two thousand seven hundred dollai's, to fall due and become payable April 1st, A. D. 1914 ; ^i^ru i, i9i4. No. 120, for nineteen thousand nine hundred dollars, to fall due and become payable October 1st, A. D. 1914. The rate of rig^goo ^^'^^' interest on the bonds or certificates of indebtedness issued uu- interest. der this ordinance shall not exceed five (5) per cent. Sec. 3. The Council of Wilmington shall, in making its ^PP^j°P^^^y. annual appropriations for anj'- of the fiscal years, in which any {^'^^'^g°^ of the above series of bonds shall fall due, include in said ap- propriations a sum of money sufficient for the redemption of the same, and any interest that may be due. Passed at City Hall, April 26, 1883. AX ORDINANCE providing for a Joan of sixty thousand dol- lars for the benefit of the Board of Water Commissioners. Whereas, By Section 12 of the Act entitled "An Act to establish a Board of Water Commissioners for the City of Wil- mington, and for other purposes," passed at Dover, April 18th, 1883, it is provided that, for the purpose of defrajdng all the costs of acquiring real estate for reservoirs, laying pipe, purchasing and establishing engines, constructing all the works contemplated by this Act, and purchasing water rights, the City of Wilmington, upon the requisition of the said Board of Water Commissioners, shall issue bonds each for the sum of one hundred dollars, or multiples of one hundred, pay- able in not more than thirty-five years, to be denominated "Wilmington City Bonds," in an amount not exceeding one hundred and twenty thousand dollars, bearing interest not ex- ceeding five and one-half per cent, per annum, and Whereas, The Board of Water Commissioners, on the 25th day of November, A. D. 1885, issued their requisition 652 ORDINANCES. directed to this Council, setting forth that they had contracted for a new pump of ten million gallons capacity per day, to be placed at the Brandyv/ine Station, and requesting the Council to pass an ordinance providing for the issuing to them of the bonds of the City of Wilmington, of the amount of sixty thou- sand dollars as the necessities of the board may require, in ac- cordance with Section 12 of the Act of the G-eneral Assembly aforesaid, which said requisition was presented and filed in Council on the 27th day of November, A. D. 1885 ; now, there- fore, Be it ordained, by the Council of Wilmington. amount°of SECTION 1. That immediately after the passage of this L^sued *° ^^ ordinance there shall be issued in the name of The Mayor and Council of Wilmington bonds to the amount of sixty thousand dollars, such bonds shall be issued each of one hundred dol- lars, or multiples of one hundred dollars, and shall fall due and be'made payable in the manner following, to wit: Thir- teen thousand seven hundred dollars on the first day of Octo- ber, A. D. 1914; thirtj'-four thousand seven hundred dollars on the first day of April, A. D. 1915 ; and eleven thousand six hundred dollars on the first day of October, A. D. 1915. Such bonds shall be denominated "Wilmington City Bonds" and shall bear interest at the rate of three and a half per cent, per annum, payable semi-annually on the first days of April and October in each and every year after date of issue. The bonds issued under the provisions of this ordinance shall be signed How signed, by the Mayor and countersigned by the Treasurer and City Auditor in the same manner as other city bonds, and the rec- ord thereof shall be made and kept by the City Auditor and Treasurer respectively. When payable. Interest. Water Com- missioners to sell bonds. Deposit of proceeds. Sec. 2. The Board of Water Commissioners may sell and dispose of the bonds hereby authorized to be issued on the most advantageous terms possible but no commission or other com- pensation shall be charged or paid to any member of said Board for effecting the sale, or negotiating the sale of said bonds. The proceeds of the sale of said bonds shall be received by said Board of Water Commissioners and placed on deposit in such bank at Wilmington as shall from time to time be the ORDINANCES. 653 depository of the funds of the City, to the credit of the said Board and all money's to be disbursed therefrom shall be drawn upon warrants signed by the President of said Board warrants. and countersigned by the City Treasurer and City Auditor. Passed at City Hall, May 6, 1886. AN ORDINANCE to provide for the horrowing of one /inn- Loan for dred and fifty tlwusand dollars for park purposes. poses. Whereas, By an Act of the General Assembly of the Preamble. State of Delaware, passed at Dover, March 13th, A. D. 1883, it was among other things provided that William P. Bancroft, George H. Bates, Thomas F. Bayard, Edward Betts, Francis N. Buck, George W. Bush, William M. Canby, Joseph L. Car- penter, Jr., Henry A. DuPont, J. Taylor Gause, and their suc- cessors who should be appointed as in said Act provided, to- gether with the Mayor of the City of Wilmington, the Presi- dent and the Chairman of the Finance Committee of the City Council, and the Chief Engineer of the Surveying Depart- ment of said city for the time being, were thereby created and constituted a Board of Park Commissioners, and provision was further made in said Act for the organization of said Board, on or before the first day of January, A. D. 1884, and the clas- sification of the first ten commissioners above named, which said organization and classification of members was perfected, as by said Act was required to be done. And, Whereas, By a further Act of the General Assembly of P''^^^^^^- the State of Delaware, passed at Dover, April 10th, A. D. 1885, as a supplement to said last mentioned Act, it was pro- vided that in addition to the powers conferred by the Act to which this is a supplement, The Mayor and Council of Wil- mi], gton upon the recommendation of the two-thirds of the Board of Park Commissioners are hereby authorized to bor- row upon bonds, such sum or sums, and upon such terms as the City Council may from time to time deem expedient, not to exceed in the aggregate the sum of one hundred and fifty thousand dollars, ($150,000) to be used in the purchase or ac- quisition, in the manner authorized by the Act which this is a 654 ORDINANCES. Preamble. supplement of, land for a park or parks for the benefit of the citizens of Wilmington and its vicinity. And, "Whereas, At a meeting of the Board of Park Commis- sioners held December 22nd, 1885, the following resolution was adopted by the unanimous vote of all the members pres- ent, being more than two-thirds of the Board, viz : Calvin B. Ehoads. Mayor of the City of Wilmington; William P. Ban- croft, William M. Canby, Jos. L. Carpenter, Jr., Francis N. Buck, George W. Bush, William Canby, J. Taylor Cause, John C. Farra, President of the City Council; Dennis J. Menton, Chairman of the Finance Committee, and Frederick H. Kob- inson. Chief Engineer of the Surveying Department, which said resolution was as follows : Preamble. Bonds to the amount of $150,000 to be issued. WTien payable. Besolved, That the Board of Park Commissioners do here- by recommend to the Mayor and Council of Wilmington, to borrow upon the bonds of the city, one hundred and fifty thou- sand dollars ($150,000), or so much thereof as may be neces- sary; the proceeds to be used for the purchase of lands for a public park or parks, as heretofore recommended by this Board, to the Mayor and Council, in accordance with the sup- plement to an Act entitled "An Act to provide Public Parks for the use of the Citizens of Wilmington and its vicinity," passed April 10th, 1885, a copy of which said resolution prop- erly attested by the Secretary of said Board, has been pre- sented to the Council and filed among the records thereof. Now Therefore, In pursuance and by virtue of the powers con- ferred by the said Acts of the General Assembly in that be- half. Be it ordained, by the Council of Wilmington. Section 1. That from and immediately after the passage of this ordinance, there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of one hundred and fifty thousand dollars ($150,000). Such bonds shall be issued each of one hundred dollars ($100), or multiples of one hundred dollars, and shall fall due and be made payable in manner following, to wit : Twenty-four thou- ORDINANCES. 655 sand two hundred dollars ($24,200) thereof on the first day of October, A. D. 1915 ; thirty-six thousand eight hundred dol- lars ($36,800) on the first day of April, A. D. 1916; thirty- seven thousand nine hundred dollar ($37,900) on the first day of October, A. D. 1916; thirty-nine thousand dollars ($39,000) on the first day of April, A. D. 1917, and twelve thousand one hundred dollars ($12,100) on the first day of October, A. D. 1917. Such bonds shall be denominated "Wilmington City Bonds, ' ' and shall bear interest at the rate of three and a half ^"**^^'®^*- per cent, per annum, paj'able semi-annually, on the first days of April and October in each and every year after date of is- sue. The bonds issued under the provisions of this ordinance shall be signed by the Mayor and countersigned by the Treas- how signed. urer and City Auditor, in the same manner as other city bonds, and the record thereof kept by the City Auditor apd City Treasurer, respectively. Sec. 2. The Finance Committee of City Council are here- committee by authorized and directed immediately after the issuance of ^o^ls. the bonds provided for hy this ordinance, to sell and dispose of the same, or any part hereof to th-e most advantage to the city, and the proceeds of such sale shall be received by the Proceeds. City Treasurer, and be by him made the subject of a special depos^ited^. deposit in such bank at Wilmington as shall be the depository of the funds of the city, and shall only be drawn therefrom upon proper warrants of the Coimcil, for the purchase or ac- f^^p^frchase quisition of lands for a public park or parlvs in the manner park"irur°' authorized by the Act of General Assembly in that regard, ^^°^^^- passed at Dover, March 13th, 1883, and the supplement there- to passed at Dover, April lOtli, 1885, and for no other pur- pose. Passed at Citv Hall, June 4. 1886. AN ORDINANCE providing for a loan of forty -five thou- sand dollars for the henefit of ihe Board of Water Com- missioners. Whereas, By Section 12 of the Act entitled "An Act to Preamble, establish a Board of Water Commissioners. for the City of Wil- 656 ORDINANCES. Preamble. mington and for other purposes," passed at Dover, April 18th, 1883, it is provided that for the purpose of defraying all the costs of acquiring real estate for reservoirs, laying pipes, purchasing and establishing engines, constructing all the works contemplated by this Act, and purchasing water rights, the City of Wilmington upon the requisition of the said Board of Water Commissioners, shall issue bonds, each for the sum of one hundred dollars or multiples of one hundred, payable in not more than thirty-five years, to be denominated "Wil- mington City Bonds," in an amount not exceeding one hun- dred and twenty thousand dollars bearing interest not ex- ceeding five and a half per cent, per annum. And, Whereas, The Board of Water Commissioners on the second day of October, A. D. 1888, issued their requisition, di- rected to this Council, setting forth that they had contracted for the improvements of the water power, and extending the mains therefor, and requesting The Council to pass an ordi- nance, providing for the issuing to them of the bonds of the City of Wilmington of the amount of forty-five thousand dol- lars, as the necessities of the bond may require, in accordance with Section 12 of the Act of the General Assembly aforesaid, which said requisition was presented and filed in The Council on the fourth day of October, A. D. 1888. Now, therefore, Bonds to be issued for $45,000. "When payable. Interest. Be it ordained, by The Council of Wilmington. Section 1. That immediately after the passage of this ordinance, there shall be issued in the nam.e of The Mayor and Council of Wilmington bonds to the amount of forty-five thou- sand dollars, such bonds shall be issued each of one hundred dollars or multiples of one hundred dollars, and shall fall due and be made payable in manner following, to wit : Nine thou- sand dollars on the first day of October, A. D. 1919 ; nine thou- sand dollars on the first day of October, A. D. 1920 ; nine thou- sand dollars on the first day of October, A. D. 1921 ; nine "thou- sand dollars on the first dSy of October, A. D. 1922 ; and nine thousand dollars on the first day of October, A. D. 1923. Such bonds shall be denominated "Wilmington City Bonds," and shall bear interest at the rate of four (4) per cent, per annum, ORDINANCES. 657 payable semi-annually on the first days of April and October in each and every year after date of issue. The bonds issued under the provisions of this ordinance shall be signed by the ^^^'^ signed. Mayor and countersigned by the Treasurer and City Auditor in the same manner as other city bonds, and the record thereof Record, shall be made and kept by the Citj^ Auditoj and Treasurer re- spectively. Sec. 2. The Board of "Water Commissioners may sell and water com- missioners dispose of the bonds hereby authorized to be issued on the most to dispose of , . , . . bonds. advantageous terms possible, but no commission or other com- pensation shall be charged or paid to any member of said board for effecting the sale, or negotiating the sale of said bonds. ^ The proceeds of the sale of said bonds shall be received Proceeds to by said Board of Water Commissioners and placed on deposit how.^^ in such bank at Wilmington as shall from time to time be the depository of the funds of the city, to the credit of the said Board, and all monej^s to be disbursed therefrom shall be drawn upon warrants signed by the President of said Board, and countersigned by the City Treasurer and City Auditor. Passed at City Hall, October 25, 1888. AN ORDINANCE to provide for the borrowing of one hun- dred thousand dollars for paving and improving the streets and avenues of the City of Wilmington. Whereas, B}^ an Act of the General Assembly of the Preamble. State of Delaware, passed at Dover, IMay 15th, A. D. 1891, The Mayor and Council of Wilmington was authorized and empowered to borrow by an ordinance of The Council to be passed with the concurrence of two-thirds of all the members thereof for the time being, a sum or sums of money not ex- ceeding in the aggregate five hundred thousand dollars, to be appropriated, applied and expended for paving and improv- ing the streets and avenues of the City of Wilmington, and to issue bonds of the said ThelMayor and Council of Wilmington for the payment thereof, with interest, at such times and in 658 ORDINANCES. Preamble. such manner as the said The Council shall by ordinance pre- scribe and appoint ; and Whereas, It was further provided by said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the said The Mayor and Council of Wilmington at such time and in such amounts as the Board of Directors of the Street and Sewer Department of the City of Wilmington may direct; provided, that in no event shall the amount to be borrowed under the provisions of said Act ex- ceed the sum of two hundred thousand dollars in any one year ; and Preamble. Bonds tolDe issued for $100,000. When payable. Whereas, The said Board of Directors of the Street and Sewer Department, in conformity with the provisions of said Act, did on May 21st, A. D. 1891, request The Mayor and Council of Wilmington to provide by ordinance for the bor- rowing of one hundred thousand dollars for the year 1891, for paving and improving the streets and avenues of the said city, and to authorize the issuance of bonds of the said The Mayor and Council of Wilmington for payment of the sum of money so -to be borrowed, a copy of which said request has been pre- sented to The Council and filed among the records thereof; therefore, in pursuance and by virtue of the power and au- thority by the said Act of the General Assembly in that behalf, Be it ordained, by The Council of Wilmington, two- thirds of all the members thereof concurring therein. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of one hundred tho.usand dollars in the aggregate. Such bonds shall be issued each for the sum of fifty dollars, or multiples thereof, and shall fall due and be made payable in the manner following, to wit : Twenty-eight thousand and one hundred dollars, part thereof, on the first day of October, A. D. 1917 ; forty-one thousand and four hundred dollars, part thereof, ^on the first day of April, A. D. 1918 ; and thirty thousand and five hun- dred dollars, the balance thereof, on the first day of October, A. D. 1918. Such bonds shall be denominated "Wilmington ORDINANCES. 659 City Bonds" and shall bear interest at a rate not exceeding interest, four and one-half per cent, per annum, payable semi-annually on the fii-st day of April and October in each and every year after the date of the issue thereof ; and shall be signed by the °^ signet . Mayor and countersigned by the City Treasurer and City Au- ditor, in the same manner as other city bonds, and the record Record, thereof kept by the City Auditor and Cit}- Treasurer respec- tively. Sec. 2. The Finance Committee of the Council are here- committee by authorized and directed, immediately after the issuance of ^° ^^'^ bonds. the bonds provided for by this ordinance, to sell and dispose of the same to the highest and best bidder therefor, and to the proceeds to best advantage to the city, and the proceeds of such sale shall jj^ s^treeTand be received by the Board of Directors of the Street and Sewer pl^^g^t' Department, and shall be placed upon special deposit to the gp^^j^^j ^^ credit of said department in such bank or trust company in p°^^ °^ the City of Wilmington as shall be determined by the said board. All orders or warrants for the payment of money to be ^^/un^*^ drawn against said fund shall be signed by the President of said board and countersigned by the City Treasurer and City Auditor, and shall have specified thereon the words "Paving and improving the streets and avenues. ' ' No warrant or order f^^^^. \°^^^ for the payment of money shall be drawn against said fund i'mproving^ except it is for payment for work done in paving and improv- streets. ing the streets and avenues of the City of Wilmington. Passed at City Hall, July 23, 1891. AN ORDINANCE to provide for the borrowing of two liun- dred thousand dollars for paving and improving the streets and avenues of the City of Wilmingtoji. Whereas, Bv an Act of the General Assembly of the „ ' ■ ' Preamble. State of Delaware, passed at Dover, May 15th, A. D. 1891, The Mayor and Council of Wilmington was authorized and em- powered to borrow, by an ordinance of the Council to be passed with the concurrence of two-third of all the members thereof for the time being, a sum or sums of money not ex- ceeding in the aggregate five hundred thousand dollars, to be 660 ORDINANCES. appropriated, applied and expended for paving and improv- ing the streets and avenues of the City of Wilmington, and to issue bonds of the said The Mayor and Council of Wilming- ton for the payment thereof, with interest, at such times and in such manner as the said The Council shall by ordinance pre- scribe and appoint; and Preamble. -Whereas, It is further provided by said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the said The IMayor and Council of Wil- mington at such time and in such amounts as the Board of Directors of the Street and Sewer Department of the City of Wilmington may direct ; provided, that in no event shall the amount to be borrowed under the provisions of said Act ex- ceed the sum of two hundred thousand dollars in any ,one year; and Preamble. Whereas, The said Board of Directors of the Street and Sewer Department, in conformity with the provisions of said Act, did on February 10th, A. D. 1892, request The Mayor and Council of Wilmington to provide by ordinance for the borrowing of two hundred thousand dollars for the year 1892 for paving and improving the streets and avenues of the said city, and to authorize the issuance of bonds of the said The ]\Iayor and Council of Wilmington for payment of the sum of money so to be borrowed, a copy of which said request has been presented to the Council and filed among the records thereof; therefore, in pursuance and by virtue of the power and authority by the said Act of the General Assembly in that behalf, Be it ordained, by The Council of Wilming-ton, two- thirds of all the members thereof concurring therein. Bonds for $200,000 to be issued. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of two hundred thousand dollars in the aggregate. Such bonds shall be issued each for the sum of fifty dollars, or multiples thereof, and shall fall due and be made payable in the manner following, ORDINANCES. 661 to Avit : Twelve thousand one hundred and fifty dollars, part when ' ^ payable. thereof, on the first day of October, A. D. 1918 ; forty-three tljousand nine hundred dollars, part thereof, on the first day of April, A. D. 1919 ; forty-five thousand two hundred and fifty dollars, part thereof, on October 1st, A. D. 1919 ; forty- six thousand six hundred dollars, part thereof, on April 1st, A. D; 1920 ; forty-eight thousand and fifty dollars, part there- of, on October 1st, A. D. 1920 ; four thousand and fifty dol- lars, part thereof, on April 1st, A. D. 1921. Such bonds shall be denominated "Wilmington City Bonds" and shall bear jn- ^"*^^"^^*' terest at four (1) per cent, per annmu, payable semi-annually on the first day of April and October in each and every year after the date of the issue thereof, and shall be signed by the how signed. Maj^or and countersigned by the City Treasurer and City Au- ditor in the same manner as other city bonds, and the record Record, thereof kept by the City Auditor and City Treasurer respec- tively. Sec. 2. The Finance Committee of the Council are here- committee by authorized and directed immediately after the issuance of f-,°nds the bonds provided for by this ordinance, to sell and dispose of the same to the highest and best bidder therefor, and to the best advantage to the city, and the proceeds of such sale shall be recefved* be received by the Board of Directors of the Street and Sewer J;'^* q® ^.'^l?^* ■^ ana be^ ei Department, and shall be placed upon special deposit to the Department. credit of said department in such bank or trust company in p®°^^ the City of Wilmington as shall be determined by the said board. All orders or warrants for the payment of money to warrants. be drawn against said fund shall be signed by the President of said board and countersigned by the City Treasurer and City Auditor, and shall have specified thereon the words "Paving and improving the streets and avenues." No war- rant or order for the payment of money shall be drawn against said fund except it is for payment for work done in paving used for pav- and improving the streets and avenues of the City of Wil- proving- streets. mmgton. Passed at City Hall, March 17, 1892. Preamble. 662 ORDINANCES. AN ORDINANCE to provide for the 'borrowing of two hun- dred thousand dollars for paving and improving tJie streets and avenues of the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, passed at Dover, May 15th, A. D. 1891, The Mayor and Council of Wilmington was authorized and empowered to borrow, by an ordinance of the Council to be passed with the concurrence of two-thirds of all the members thereof for the time being, a sum or sums of money not ex- ceeding in the aggregate five hundred thousand dollars, to be appropriated, applied and expended for paving and improv- ing the streets and avenues of the City of Wilmington, and to . issue bonds of the said The Mayor and Council of Wilmington for the paj-ment thereof, with interest, at such times and in such manner as the said the Council shall by ordinance pre- scribe and appoint; and Preamble. AVhereas, It was further provided by said Act that anj^ and all sums of money borrowed under the authority of said Act shall be borrowed by the said The Mayor and Council of Wilmington at such time, and in such amounts, as the Board of Directors of the Street and Sewer Department of the City of Wilmington may direct ; provided that in no event shall the amount to be borrowed under the provisions of said Act ex- ceed the sum of two hundred thousand dollars in any one year ; and Preamble. Whereas, The said Board of Directors of the Street and Sewer Department, in conformity with the provisions of said Act, did on February 15th, 1893, request The Mayor and Council of Wilmington to provide by ordinance for the bor- rowing of two hundred thousand dollars for the year 1893 for paving and improving the streets and avenues of the said city, and to authorize the issuance of bonds of the said The INIayor and Council of Wilmington for payment of the sum of money so to be borrowed, a copy of which said request has been pre- sented to the Council and filed among the records thereof ; and ORDINANCES. 663 Whereas, The aggregate amount of money heretofore bor- Pi'eambie. rowed as authorized by said Act is the sum of three hundred thousand dollars ; Therefore, In pursuance and bj^ virtue of the power and authority by the said Act of the General Assembly in that be- half, Be it ordained, by The Council of Wilmington, two- thirds of all the members thereof concurring herein. Section 1. That there shall be issued in the name of The ^l^^or^rowed Mayor and Council of Wilmington bonds to the amount of two hundred thousand dollars in the aggregate, on the days and in amounts following, to wit: Immediately after the passage of this ordinance there shall be issued bonds to the amount of sev- ^hen^issued. enty-five thousand dollars; on the first day of October, A. D. 1893. there shall be issued bonds to the amount of seventy-five thousand dollars; and on the first day of April, A. D. 1894, there shall be issued bonds to the amount of fifty thousand dol- lars. Such bonds shall be issued each for the sum of fifty dol- lars, or multiples thereof ; and shall fall due and be made pay- able in the manner following, to wit : Forty-five thousand and j^ylbie. four hundred dollars, part thereof, on the first day of April, A. D. nineteen hundred and twenty-one ; fifty thousand nine hundred and fifty dollars, part thereof, on the first day of Oc- tober, A. D. nineteen hundred and twenty-one ; fifty-two thou- sand and five hundred dollars, part thereof, on the first day of April, A. D. nineteen hundred and twenty-two ; and fifty- one thousand one hundred and fifty dollars, the balance there- of, on the first day of October, A. D. nineteen hundred and twenty-two. Such bonds shall be denominated "Wilmington City Bonds, ' ' and shall bear interest from the date of the issue thereof, at the rate of four [and one-half 1 per cent, per an- . , ' ' '- J r- r- Amendment, num, payable semi-annually on the first day of April and Octo- June i5, iS93. ber in each and every year after the date of the issue thereof ; and shall be signed by the Mayor and countersigned by the ^ . ^^^ City Treasurer and City Auditor in the same manner as other city bonds, and the record thereof kept by the City Auditor and City Treasurer respectively. 664 ORDINANCES. ^^'^*^^' ,^ Sec. 2. The Finance Committee of the Council are hereby when sold. _ _ f authorized and directed immediately after the passage of this ordinance, to sell and dispose of all of the bonds mentioned in the first section to the highest and best bidder therefor, and to the best advantage to the city, which said bonds shall be issued, delivered and paid for at the times and in the amounts men- tioned in the first section hereof; and the proceeds of such posited^as^a' salcs shall be received by the Board of Directors of the Street and Sewer Department, and shall be placed upon special de- posit to the credit of said department in such bank or trust company in the City of Wilmington as shall be determined by Warrants the Said board. All orders or warrants for the payment of money to be drawn against said fund shall be signed by the President of said board and countersigned by the City Treas- urer and City Auditor, and shall have specified thereon the words "Paving and improving the streets and avenues." No warrant or order for the payment of money shall be drawn Expenditure against said fund except it be for paj-ment for w^ork done in paving and improving the streets and avenues of the City of Wilmington. Passed at City Hall, May 11, 1893. fund. on fund. of fund. Act of Gen- AN ORDINANCE to authorize the issuance of certain bonds or certificates of Indebtedness and to provide for the pay- ment thereof. Whereas, The ' ' The ]\Iayor and Council of Wilmington, ' ' was authorized and empowered by an act of the General As- sembly, passed at Dover, March 20th, A. D. eighteen hundred semtaiy' ^^^ seventy-scven, to borrow under an ordinance of the Ciij Council, to be passed with a concurrence of two-thirds of all the members thereof, for the time being, at any time thereafter, a sum or sums of money, not exceeding in the aggregate two hundred thousand dollars, to be paid at such time or times and in such manner as the ordinance should prescribe. And Whereas, The Council in conformit}' with the pro- visions of said Act of Assembly by ordinance passed on Febru- ary- 6, A. D. eighteen hundred and seventy-nine, authorized a ORDINANCES. 665 loan to be made of twenty-four thoiLsaud dollars ($24,000.00), and bonds or certificates of indebtedness to be issued for that amount, payable on the first day of September, A. D. eighteen hundred and ninetj^-nin^, but did not prescribe the manner in which said bonds should be paid ; And Whereas, Said loans were made and said bonds or certificates of indebtedness were issued to the amount of twen- tj^-four thousand dollars ($24,000.00) payable on the first day of September, A. D. eighteen hundred and ninety-nine, but there is not now in the treasury of the Citj^, funds applicable to the payment of said bonds at their maturity, and the pay- ment thereof must be provided for by the issue and sale of new bonds to the said amount of twenty-four thousand dollars ($24,000.00) ; full authority for the issue and sale of said new bonds having been given by an Act of the General Assembly, entitled "An Act to further confirm and establish an Act en- titled an Act to provide a Sinking Fund for the payment of the City Debt of Wilmington, ' ' passed at Dover, January 10, A. D. eighteen hundred and ninety-seven ; therefore. Be it ordained, by the Council of Wilmington. Section 1. That the Finance Committee of the Council Authority to Ti/-< •• PifM-i- T-iT 1 1 issue bonds. and the Commissioners oi the Sinking Fund are hereby au- thorized and directed to cause to be issued in the name of the "The Mayor and Council of Wilmington," bonds or certifi- cates of indebtedness to the amount of twenty-four thousand Amount of. dollars ($24,000), for the payment of which the credit of the said the "The Mayor and Council of Wilmington," is hereby pledged, and the said Finance Committee and the Commission- ers of the Sinking Fund are further hereby authorized to dis- pose of said bonds or certificates of indebtedness in the usual manner, the proceeds thereof to be paid to the Citv Treasurer, ^ ^ , ^ _ -^ _ " ' Proceeds of. and such proceeds by said City Treasurer applied to the re- demption of said bonds, aggregating the sum of twenty-four thousand dollars ($24,000), payable on the first day of Septem- ber, A. D. eighteen hundred and ninety-nine. 666 ORDINANCES. Interest. gg^^ 2. The boiicls or certificates of indebtedness author- ized to be issued nnder this ordinance, shall be in the form now used for like purposes, and shall bear interest at a rate not ex- Rate of ceeding four per centum per annum, payable semi-annually on the first day of April and the first day of October in each year, clear of all taxes which may be levied upon the principal or in- terest thereof, by authority of any law of this State or the United States. When Sec. 3. The said bonds or certificates of indebtedness au- payable. thorized under this ordinance and amounting to the sum of twenty-four thousand dollars ($24,000) shall fall due and be- come payable on the first day of October, A. D. nineteen hun- dred and thirteen, and shall form part of the series No. 118 of the Sinking Fund. Passed at the Citv Hall, August 10. 1899. AX ORDIXAXCE to autltorize the issuance of certain Sinking Fioid Bonds or Certificates of Indcljtedness. PREAMBLE. Whereas, There are now certain bonds of the City of Wil- mington to the aggregate amount of thirty thousand dollars, which will fall due on the first day of January, A. D. 1894, payment of which nuist be made out of the proceeds of sale of Sinking Fund Bonds or Certificates of Indebtedness, to be is- sued according to the terms and provisions of an Act of the General Assembly of the State of Delaware, entitled "An Act to provide a Sinking Fund for the payment of the Bonds of the City of Wilmington," passed at Dover, on February 9th, A. D, 1855, and the various amendments and supplements thereto. And Whereas, The Finance Committee of the Council and the Sinking Fund Commissioners appointed under the provisions of the act aforesaid, have under the powers con- ferred upon them by the said Act, and the various amendments and supplements thereto, ordered to be issued new bonds or certificates of indebtedness of the said City of Wilmington, from the proceeds of the sale of which provision is to be made ORDINANCES. 667 for the payment of said bonds so falling due as aforesaid; therefore. Be it ordained, by the Council of Wilmington. Section 1. That the Finance Committee of the Council Authorized and the Sinking Fund Commissioners are hereby' authorized bond^sTo the and directed to cause to be issued in the name of the Mayor |^°ooo. ° and Council of Wilmington, bonds or certificates of indebted- ness to the amount of thirty thousand dollars in the aggregate, Avhieh said bonds or certificates shall be denominated Sinking Fund Loan, and the credit of the said the Mayor and Council of Wilmington is hereby pledged for the payment of the same. Sec. 2. Said bonds or certificates of indebtedness shall be made similar in form to other Sinking Fund bonds or cer- tificates of indebtedness and shall bear interest at the rate of be°ar^fnterest four and one-half per cent, per annum, payable semi-annually ^\lf'pQr^ on the first day of January and July in each and every year ^®"*- until said bonds or certificates of indebtedness shall be paid, and shall fall due and be made payable in the manner follow- ing, to wit : One or more of said bonds or certificates for the aggregate sum of twenty-eight hundred dollars, on the first day of April, A. D. 1909 ; one or more of said bonds or certifi- cates for the aggregate sum of twenty-five thousand and fifty dollars, on the first day of October. A. D. 1909 ; one or more of said bonds or certificates of indebtedness to the aggregate amount of two thousand one hundred and fifty dollars, on the first day of April, A. D. 1910. Sec. 3. The said bonds or certificates of indebtedness shall be disposed of by the said Finance Committee of the Council and the Sinking Fund Commissioners, agreeably to the direc- tions of the Council, and the proceeds thereof shall be paid to the City Treasurer of the City of Wilmington, and such pro- proceeds to ceeds shall be applied to the redemption of the following loan r|(je^pt'ion° of said city, to wit : Loan No. 21, on the books of the Treasurer no!"24." of said city, for the sum of thirty thousand dollars. Passed at the City Hall, December 21, 1893. 668 ORDINANCES. AN OBDIXAXCE to authorize the issuance of certain Sinking Fund Bonds or Certificates of Indchtedness. Whereas, There are now certain bonds of the City of Wil- mington to the aggregate amount of twenty thousand dollars which "\^"ill fall due on the first day of July, A. D. 1894, pay- ment of which must be made out of the proceeds of sale of Sinking Fund Bonds or Certificates of Indebtedness to be is- sued according to the terms and provisions of an Act of the General Assemblj^ of the State of Delaware, entitled "An Act to provide a Sinking Fund for the pa^onent of the bonds of the City of Wilmington," passed at Dover on February 9, A. D. 1855, and the various amendments and supplements thereto. And Whereas, The Finance Committee of the Council and the Sinking Fund Commissioners appointed under the pro- visions of the Act aforesaid, have under the powers conferred upon them by the said Act and the various amendments and supplements thereto ordered to be issued new bonds or cer- tificates of indebtedness of the said City of Wilmington from the proceeds of the sale of which provision is to be made for the payment of said bonds so falling due as aforesaid ; therefore Be it ordained, by the ]\Iayor and Council of Wilmington. Issue bonds to the amount of $20,000. Shall bear interest at the rate of 4 per cent. Section 1. T,hat the Finance Committee of the Council and the Sinking Fund Commissioners are hereby authorized and directed to cause to be issued in the name of the Mayor and Council of Wilmington, bonds or certificates of indebted- ness to the amount of twenty thousand dollars in the aggre- gate, which said bonds or certificates of indebtedness shall be denominated ' ' Sinking Fund Loan, ' ' and the credit of the said the Mayor and Council of Wilmington is hereby pledged for the paj'ment of the same. Sec. 2. Said bonds or certificates of indebtedness shall be made similar in form to other Sinking Fund Bonds or Certifi- cates of Indebtedness and shall bear interest at the rate of four per centum per annum, payable semi-annually on the first day of Januarj^ and July in each and every year until said bonds or certificates of indebtedness shall be paid and shall fall due ORDINANCES. 669 and be made payable, with any interest that may be due there- on, on the first day of April, A. D. 1910. Sec. 3. The said bonds or certificates of indebtedness shall be disposed of by the said Finance Committee of the Council and the Sinking Fund Commissioners agreeably to the directions of the Council, and the proceeds thereof shall be paid to the City P^'Of^^^'is Treasurer of the City of Wilmington, and such proceeds shall piied to the •' o ; ... redemption be applied to the redemption of bonds of said city, being Loan of Loan No. No. 23, on the books of the Treasurer of said city for the sum of twenty thousand dollars. Passed at the City Hall, June 21, 1894. AN OEDIXAXCE to provide for the 'borrowing of one hun- dred and twenty-five thousand dollars for the opening, widening, paving and improvement of streets, avenues, lanes or alleys in the City of Wilmington and for the con- struction of Sewers and Water-ways in said City. Whereas, By an Act of the General Assembly of the State of Delaware, passed at Dover, April 30, 1895, the IMayor and Council of Wilmington was authorized and directed to borrow, by an ordinance of the Council, the sum of two hundred and fifty thousand dollars, and to issue bonds of said city for the payment thereof with interest, said payment to be made at such time and in such manner as the City Council of the said City of Wilmington shall by ordinance prescribe and appoint, and the said sum of two hundred and fifty thousand dollars shall, at the discretion of the Board of Directors of the Street and Sewer Department of the said City of Wilmington, be ap- propriated, applied and expended by the said Board for the following public improvements, that is to say : For the open- ing, widening, paving and improvement of streets, avenues, lanes or alleys in said City of Wilmington, and for the con- struction of sewers and water-ways in said city, and ■ Whereas, It was further provided by said Act, that any and all moneys so borrowed under the authority of said Act, shall be borrowed by the said the Mayor and Council of Wil- 670 ORDINANCES. mington, at such times and in such amounts as the Board ©f Directors of the Street and Sewer Department of the City of Wilmington may direct; provided, that in no event shall the amount to be borrowed under the provisions of said Act ex- ceed the sum of one hundred and twenty-five thousand dollars in any one year; and, Whereas, The said Board of Directors of the Street and Sewer Department, in conformity with the provisions of said Act, did on the 10th day of May, 1895, request the Mayor and Council of Wilmington to provide by ordinance for the bor- rowing of one hundred and twenty-five thousand dollars for the year 1895, for the opening, widening, paving and improve- ment of streets, avenue, lanes or alleys in the said city, and for the construction of sewers and water-ways in said city, and to authorize the issuance of bonds of the said the Mayor and Council of Wilmington for payment of the sum of moneys so to be borrowed, a copy of which said request has been pre- sented to the Council and filed among the records thereof ; Therefore, In pursuance and by virtue of the power and avithority by the said Act of the General Assembly in that be- half. Be it ordained, bv'the Council of Wilmington. Shall be is- sued, bonds to the amount of $125,000. Bonds, each shall be for $50 or mul- tiples there- of. Section 1. That immediately after the passage of this or- dinance, there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of one hundred and twenty-five thousand dollars in the aggregate. Such bonds shall be issued each for the sum of fifty dol- lars, or multiples thereof, and shall fall due and be made pay- able in the manner following, to wit : Two thousand nine hun- dred dollars, part thereof, on the first day of October, A. D. 1922 ; fifty-five thousand six hundred and fifty dollars, part thereof, on the first day of April, A. D. 1923 ; fifty-seven thou- sand three hundred dollars, part thereof, on the first day of October, A. D. 1923, nine thousand one hundred and fifty dol- lars, part thereof, on the first day of April, A. D. 1924. ORDINANCES, 671 Such bonds shall be denominated Wilmington City Bonds, fntU^ggtYt and shall bear interest at four per cent, per annum, payable 4^per^centf semi-annually, on the first day of April and October in each and every year after the date of the issue thereof, and shall be signed by the ]\Iayor and countersigned by the City Treasurer and City Auditor in the same manner as other city bonds, and the record thereof kept by the City Auditor and City Treas- urer respectively. Sec. 2. The Finance Committee of the Council are here- by authorized and directed immediately after the passage of this ordinance to sell and dispose of all of the bonds mentioned in the first section to the highest and best bidder therefor, and to the best advantage to the city, and the proceeds of such sale shall be received by the Board of Directors of the Street and fai°e*^|hau b^e 'Sewer Department, and shall be placed upon special deposit to Iplctai de°" the credit of said department in such bank or trust company in ^°|^^t*o/th- the City of Wihnington as shall be determined bv the said street and •^ '^ - Sewer De- Board. All orders or warrants for the payment of money to be partment. drawn against said fund shall be signed by the President of the said Board, and countersigned by the City Treasurer and City Auditor and shall have specified thereon whether the order or warrant is for the opening, widening, paving or improving of streets, or for the construction of sewers or water-ways. No warrant or order for the pavment of monev shall be No order • • j> " n shall be drawn against said fund except it is for payment for work drawn . . . , against said done, or money expended m the opening, widening, paving and fund except improvement of streets, avenues, lanes or allevs in the City of or widening ' *■ streets. Wilmington, and for the construction of sewers and water- ways in said city. Passed at the City Hall, May 23, 1895. AN ORDINANCE to provide for the horrowing of a sum of money to he used in the purchase of Park Lands. Whereas, The General Assembly of the State of Dela- ware did, on April 27, A. D. 1895, pass an Act entitled "A further supplement to an Act to provide for Public Parks for 672 ORDINANCES. the use of the citizens of Wilmington and its vicinity, ' ' passed at Dover, March 13, 1883, wherein it was provided that the Mayor and Council of Wilmington were empowered, under an ordinance or ordinances of the City Council to be passed with the concurrence of two-thirds of all the members thereof, to borrow a sum or sums not exceeding in the aggregate fifty thousand dollars, to be applied and expended under the charge of the Board of Park Commissioners of the said city in the pur- chase or accjuisition, in the manner authorized by the act to which this act is a supplement, of lands to be used as additions to said parks, and Whereas, At a meeting of the Board of Park Commis- sioners held June 4, 1895, a resolution was adopted by a ma- jority of all the members of the Board recommending to the Mayor and Council of Wilmington the purchase of certain lands for park purposes, a copy of which resolution, attested by the Secretary of said Board, has been presented to the Council and filed among the records, thereof, now. Therefore, In pursuance and bj- virtue of the powers con- ferred by the said Act of the General Assembly in that behalf, Be it ordained, by the Council of Wilmington. Issue bonds SECTION 1. That from and immediately after the passage to the . „ amount of of this ordinance, there shall be issued in the name oi the $50,000. ' -ITT . p Mayor and Council of Wilmington, bonds to the amount or fifty thousand dollars ($50,000). Such bonds shall be issued each of one hundred dollars, or the multiples of one hundred dollars, and shall fall due and be made payable in manner fol- lowing, to wit : One or more of said bonds or certificates for the aggregate sum of forty-nine thousand nine hundred dol- lars on the first day of April, A. D. 1924 ; and one or more of said bonds or certificates of indebtedness for the aggregate sum of one hundred dollars on the first da.y of October, A. D. 1924. Such bonds shall be denominated ' ' Wilmington City Bonds, ' ' and shall bear interest at the rate of four per cent, per annum, payable semi-annually, on the first day of April and October in each and every year after the date of issue. The bonds is- ORDINxVNCES. 673 sued under the provisions of this ordinance shall be signed by the ]\Ia3' or and countersigned by the Treasurer and City Au- ditor, in the same manner as other city bonds, and the record thereof kept by the City Auditor and City Treasurer respec- tiveh'. Sec. 2. The Finance Committee of the Council are here- by authorized and directed, after the pa&sage of this ordinance, to sell and dispose of all of the bonds mentioned in the first sec- o/^t^e ^3onds tion to the highest and best bidder therefor, and to the best t° t^^i^if^; '^ - est and best advantage to the citj", and the proceeds of such sale shall be re- bidder. ceived by the City Treasurer, and be by him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the city, and shall only be drawn therefrom upon the proper warrants of the Council, for the purchase or acquisition of lands for a public park or parks in the manner authorized by the acts of the General Assembly and the supplements thereto, and for no other purpose. Passed at City Hall, June 27, 1895. AN ORDINANCE to Provide for the borrowing of One Hun- dred and Twenty-five Tliousand Dollars for the Opening, Widening, Paving and Improvement of Streets, Avenues, Lanes or Alleys in the City of Wilmington and for the Construction of Sewers and Waterways in Said City. Whereas, By an Act of the General Assembly of the State of Delaware, passed at Dover, April 30th, 1895, the ^^^. ^^ Mayor and Council of Wilmington was authorized and di- ^^^g^^^Jiy rected to borrow, by an ordinance of the Council, the sum of Two Hundred and Fifty Thousand Dollars, and to issue bonds of said City for the payment thereof with interest ; said pay- ment to be made at such time and in such manner as the City Council of said City of Wilmington shall by ordinance pre- scribe and appoint, and the said sum of Two Hundred and Fiftj' Thousand Dollars shall, at the discretion of the Board of Directors of the Street and Sewer Department of the said City of Wilmington, be appropriated, applied and expended by the said Board for the following public improvements, that is to 674 ORDINANCES. say : For the opening, widening, paving and improvement of streets, avenues, lanes or alleys in said City of Wilmington, and for the construction of sewers and water-ways in said city; and, Whereas, It was further provided by said Act, that any and all moneys so borrowed under the authority of said Act, To borrow shall be borrowed by the said the ]\Iayor and Council of Wil- by direction _ *' '' of Street mington, at such time and in such amounts as the Board of and Sewer ^ ' Department. Directors of the Street and Sewer Department of the City of Wilmington may direct; provided, that in no event shall the amount to be borrowed under the provisions of said Act ex- ceed the sum of One Hundred and Twenty-five Thousand Dol- lars in any one year ; and, Whereas, The said Board of Directors of the Street and Sewer Department, in conformity with the provisions of said Act, did on the 4th day of February, 1896, request the Mayor and Council of Wilmington to provide by ordinance for the borrowing of One Hundred and Twenty-five Thousand Dol- lars for the year Eighteen Hundred and Ninety-six for the opening, widening, paving and improvement of streets, ave- nues, lanes or alleys in the said City, and for the construction of sewers and water-ways in said City, and to authorize the issuance of bonds of the said the Mayor and Council of Wil- mington for the payment of the sum of moneys so to be bor- rowed, a copy of which said request has been presented to the Council and filed among the records thereof ; Therefore, In pursuance and by virtue of the power and authority by the said Act of the General Assembly in that be- half. Be it ordained, By the Council of Wilmington. Section 1. That immediately after the passage of this How issued, ordinance, there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of One Hundred and Twenty-five Thousand Dollars in the aggregate. ORDINANCES. 675 Such bonds shall be issued each for the sum of Fifty Dol- lars, or multiples thereof, and shall fall due aud be made pay- able in the manner following, to wit : Sixty Thousand, Seven Hundred Dollars, part thereof, on the first day of October, j^a^^^ie. A. D. 1924 ; Sixty-two Thousand Six Hundred and Fifty Dol- lars, part thereof, on the first day of April, A. D. 1925 ; One Thousand and Six Hundred and Fifty Dollars, part thereof, on the first day of October, A. D. 1925. Such bonds shall be denominated Wilmington City Bonds, and shall bear interest at four per cent, per annum, payable semi-annually, on the first day of April and October ^^.glt'and' in each and every year after the date of the issue thereof, and how paid. shall be signed by the Mayor and countersigned by the City ^^^ ^. ^^^ Treasurer and Citj^ Auditor in the same manner as other City bonds, . and the record thereof kept by the City Auditor and City Treasurer respectively. Sec. 2. The Finance Committee of the Council are hereby authorized and directed immediately after the passage of this How dispose ordinance to sell and dispose of all of the bonds mentioned in the first section to the highest and best bidder therefor, and to the best advantage to the City, and the proceeds of such Proceeds of sale shall be received by the Board of Directors of the Street and Sewer Department, and shall be placed upon special de- posit to the credit of said Department in such bank or trust company in the City of Wilmington as shall be determined by the said Board. All orders or warrants for the pavment of Orders drawn shall money to be drawn against said fund shall be signed by the specify. President of the said Board, and countersigned by the City Treasurer and City Auditor, and shall have specified thereon whether the order or warrant is for the opening, widening, paving or improving of streets, or for the construction of sewers or water-ways. No warrant or order for the payment of money shall be drawn against said fund except it is for the payment for work done, or money expended in the opening, widening, paving and improvement of streets, avenues, lanes or alleys in the 676 OKDINANCES. Act of General Assembly. Ordinance authorizing loan. Amount of. City of Wilmington, and for the construction of sewers and water-ways in said City. Passed at the City Hall, February 20, 1896. AN OEDIXAXCE to Authorize the Issuance of Certain Bonds or Certificates of Indebtedness and to Provide for the Payment Thereof. "Whereas, the "The Mayor and Council of Wilmington," was authorized and empowered by an Act of the General As- sembly, passed at Dover, March 20th, 1877, to borrow under an ordinance of the City Council, to be passed with a concur- rence of two-thirds of all the members thereof, for the time being, at any time thereafter, a sum or sums of money, not exceeding in the aggregate. Two Hundred Thousand Dollars, to be paid at such time or times, and in such manner as the Ordinance should prescribe ; And Whereas, The Council, in conformity with the pro- visions of said Act of Assembly, by ordinance passed on May 24th, 1877, and August 16th, 1877, authorized loans to be made aggregating One Hundred and Seventy-six Thousand Dollars, ($176,000) and bonds or certificates of indebtedness to be issued for that amount, payable on the first day of Feb- ruary', A. D. Eighteen Hundred and Ninety-seven, but did not prescribe the manner in which said bonds should be paid ; And W^hereas, said loans were made and said bonds or certificates of indebtedness were issued to the aggregate amount of One Hundred and Seventy-six Thousand Dollars, payable on the said first day of February, A. D. Eighteen Hundred and Ninety-seven, but there is not now in the Treas- ury of the City, funds with which to pay said bonds at their maturity, and the payment thereof must be provided for by the issue and sale of new bonds to the said aggregate amount of One Hundred and Seventy-six Thousand Dollars ; therefore Be it ordained, By the Council of Wilmington. Section 1. That the Finance Committee of the Council and the Sinking Fund Committee are hereby authorized and ORDINANCES. 677 directed to* cause to be issued in the name of the "The Mayor and Council of Wihnington, " bonds or certificates of indebted- ness to the aggregate amount of One Hundred and Seventy- six Thousand Dollars, ($176,000) for the payment of which, the credit of the said the "flavor and Council of Wilming- ton," is hereby pledged, — and the said Finance Committee and the Sinking Fund Committee are further hereby author- fo^d^spose of. ized to dispose of said bonds or certificates of indebtedness in the usual manner, the proceeds thereof to be paid to the City Treasurer, and such proceeds by said City Treasurer applied ^^°^^^^^ °^- to the redemption of said bonds, aggregating the said sum of One Hundred and Seventy-six Thousand Dollars ($176,000) payable on the first day of February, A. D. Eighteen Hundred and Ninety-seven. Sec. 2. The bonds or certificates of indebtedness author- ized to be issued under this ordinance, shall be in the form j^^^ ^^ now used for like purposes, and shall bear interest at a rate interest. not exceeding four per centum per annum, payable semi-an- ^rj^^^ nually on the first day of April and the first day of October in payable, each year, clear of all taxes which may be levied upon the principal or interest thereof, by authority of any law of this State or the United States. Sec. 3. The said bonds or certificates of indebtedness shall be issued in amounts to fall due and become payable with interest that may be due thereon in manner following: One or more of said bonds or certificates of indebtedness for the ^ , ^ Bonds to sum of Thirty-seven Hundred Dollars, ($3700) to fall due and fan due. become payable on April 1st, 1910 ; one or more of said bonds or certificates of indebtedness for the sum of Twenty-six Thou- sand Five Himdred and Fifty Dollars, to fall due and become payable on October 1st, 1910 ; one or more of said bonds or cer- tificates of indebtedness for the sum of Twenty-seven Thou- sand Four Hundred Dollars, to fall due and become payable on April 1st, 1911 ; one or more of said bonds or certificates of indebtedness for the sum of Twent^'-eight Thousand Two Hundred Dollars, to fall due and become payable on October 1st, 1911 ; one or more of said bonds or certificates of indebted- ness for the sum of Twenty-nine Thousand and Fifty Dollars 678 ORDINANCES. to fall due and become payable on April 1st, 1912 ; one or more of said bonds or certificates of indebtedness for the sum of Twenty-nine Thousand Nine Hundred and Fifty Dollars, to fall due and become payable on October 1st, 1912 ; one or more of said bonds or certificates of indebtedness for the sum of Thirty Thousand Eight Hundred Dollars, to fall due and be- come payable on April 1st, 1913 ; .and one or more of said bonds or certificates of indebtedness for the sum of Three Hundred and Fifty Dollars, to fall due and become payable on October 1st, 1913. Passed at the City Hall, January 14, 1897. Act of General Assembly. AN ORDINANCE to Provide for the Borrowing of Twenty- five Thousand Dollars for the Improvement of the Public Parks. Whereas, By an Act of the General Assembly of the State of Delaware, passed at Dover April 5, 1897, it was pro- vided as follows, to wit: Section 1. That the "Mayor and Council of "Wilming- ton ' ' are hereby empowered, under an ordinance or ordinances of the City Council, to be passed with the concurrence of two- thirds of all the members thereof to borrow a sum or sums not exceeding in the aggregate Twentj^-five Thousand Dollars, To toorrow ($25,000) to be applied under the charge of the Board of Park improvement Commissioners in the improvement of the parks, but not more of public ^ •*■ ' park.s. than Fifteen Thousand Dollars, ($15,000) shall* be borrowed in any one calendar year. Sec. 2. That the bonds of the City of Wilmington au- thorized to be issued under the provisions of this Act, shall be issued, and payment made in the manner provided by an Act passed at Dover, February 9, 1855, entitled "An Act to pro- vide a sinking fund for the City of AVilmington, " and the various amendments and supplements thereto. Therefore in pursuance, and by virtue of the powers con- ferred by the said Act of the General A.ssembly in that behalf. ORDINANCES. 679 Be it ordained, By the Council of Wilmington, (two- thirds of the members thereof concurring) : Section 1. That as soon as conveniently may be after the passage of this ordinance, the Finance Committee of the Council and the Commissioners of the Sinking Fund shall who shaii . issue. cause to be issued in the name of the ' ' Mayor and Council of Wilmington, ' ' bonds to the amount of Fifteen Thousand Dol- Amount of. lars ($15,000), and on the first day of April in the year Eigh- teen Hundred and Ninety-eight shall cause to be issued in the name of the ' ' Mayor and Council of Wilmington ' ' other bonds q^j^^^j. ^onds to the amount of Ten Thousand Dollars ($10,000), such bonds ^^/'sVme"®'^ shall be issued each, for One Hundred Dollars ($100), or mul- purpose. tiples of One Hundred Dollars ($100), and shall fall due and become payable on the first day of October, in the year of our pT^y|^jg Lord One Thousand Nine Hundred and Twenty-five. Said bonds shall be denominated "Wilmington City Bonds," and shall bear interest at the rate of four per centum per annum, payable semi-annually, on the first days of April and October j.^tl^of *' in each and every year after date of issue. The bonds issued payable under the provisions of this ordinance, shall be signed by the Mayor and countersigned by the City Treasurer and the City. Auditor, in the same manner as other City bonds, and the rec- ords thereof, kept by the City Auditor and City Treasurer re- spectively. Sec. 2. The Finance Committee of City Council and the Commissioners of the Sinking Fund, are hereby authorized and directed, prior to the issuance of the bonds provided for by this ordinance to offer said bonds for sale and to dispose of the same, or any part thereof, to the most advantage of the City, and the proceeds of such sale shall be received by the f^ig'^of '^^ ^^ City^Treasurer, and be b}^ him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the City, and shall only be drawn therefrom parks"'^^'^ upon the proper warrants of the Council for the improvement of the Public Parks. Passed at the Citv Hall, IMav 6, 1897. 680 ORDINANCES. AN ORDINANCE to Provide for the Borrowing of Seventy- five Thousand Dollars for the Construction of the Silver- brook Seiver, the Elimination of Grade Crossings of Rail- roads, and the Improvements of the Streets and Avenues of the City of Wilmington. Whereas, By an Act of the General Assembly of the Act of State of Delaware passed at Dover, May 15th, A. D. 1897, the Assenfbiv "The Mayor and Council of Wilmington," was authorized and empowered to borrow by an ordinance of the Council, the sum or sums of money not exceeding in the aggregate One Hundred and Twenty-five Thousand Dollars ($125,000), to be appropriated, applied and expended for the construction of the Silverbrook sewer, the elimination of grade crossings of railroads, and the improvement of streets and avenues of the City of Wilmington, and to issue bonds of the said the ' ' The Mayor and Council of Wilmington," for the payment thereof with interest at such times and in such manner as the said Council by ordinance shall prescribe and appoint, and. Whereas, It was further provided by said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the said the ' ' The Mayor and Coun- cil of Wilmington," at such time and in such amounts as the Board of Directors of the Street and Sewer Department of the City of Wilmington may direct ; Provided that in no event shall the amount to be borrowed under the provisions of said Act exceed the sum of Seventy-five Thousand Dollars in any one year, and, Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, did on the 26th day of May, 1897, request the "The Mayor and Council of Wilmington," to provide by ordinance for the borrowing of Seventy-five Thousand Dollars ($75,000), for the year 1897, for the construction of the Silverbrook sewer, the elimination of grade crossings of railroads, and the improvement of the streets and avenues of the City of Wil- mington, and to authorize the issuance of bonds of the said the * ' The Mayor and Council of Wilmington, ' ' for the payment of ORDINANCES. 681 the Slim of money so to be iDorrowed and kept, of which said request has been presented to the Council and filed among the records tliereof ; therefore in pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. Be it ordained, By the Council of Wilminorton. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of the ' ' The ]\Iayor and Council of Wilmington, ' ' bonds to the amount of Seventy- Bonds to he issued. five Thousand Dollars ($75,000), in the aggregate. Such bonds shall be issued each for the sum of Fifty Dollars ($50), or multiples thereof, and shall fall due and be made payable •in the manner following, to wit : Thirty-seven Thousand Nine Hundred Dollars, part there- of, on the first day of October, One Thousand Nine Hundred v^'hen due. and Twenty-five, and Thirty-seven Thousand One Hundred Dollars, balance thereof on the first day of April, One Thou- sand Nine Hundred and Twenty-six. Such bonds shall be de- ■^ . Interest, nominated ' ' Wilmington City Bonds, ' ' and shall bear interest rate of. at the rate not exceeding four per cent, per annum, payable semi-annuallj' on the first day of April and October in each payable. and every year after the date of the issue thereof; and shall be signed by the iNlayor and countersigned by the City Treas- urer and City Auditor in the same manner as other City bonds, and the record thereof kept by the City Auditor and City Treasurer respectively. Sec. 2. The Finance Committee of the Council and the Sinking Fund Commissioners are liereby authorized and di- rected immediately after the issuance of the bonds provided Authority to dispose of. for by this ordinance to sell and dispose of the same to the highest and best bidder therefor, and to the best advantage of the City, and the proceeds of such sale, (though not the pre- miums arising therefrom), shall be received by the Board of Proceeds of. Directors of the Street and Sewer Department, and shall be placed upon special deposit to the credit of said Department in such bank or trust company in the City of Wilmington as 682 ORDINANCES. shall be determined by the said Board. All orders or warrants for the payment of money to be drawn against said fund shall be signed by the President of said Board and countersigned by the City Treasurer and City Auditor, and shall have speci- fied thereon the words, ' ' Silverbrook Sewer, the elimination of grade crossings and paving and improving the streets and ave- nues. " No warrant or order for the paj^ment of money shall be drawn against said fund except it is for the payment for work done in the construction of the Silverbrook sewer, the elimination of grade crossings and the paving and improve- ment of the streets and avenues of tlie City of Wilmington. Passed at the City Hall, June 3, A. D. 1897. AN ORDINANCE to Provide for the Borrowing of Fifty Thousand Dollars for the Construction of the Silverbrook Sewer, the Elimination of Grade Crossings of Railroads, and the Improvement of .the Streets and Avenues of the City of Wilmington. WherexVS, By an Act of the General Assembly of the General ^^^^^ ^f Delaware passed at Dover, ^May 15th, A. D. 1897, the Assembly. < ' The ]\Iayor and Council of Wilmington," was authorized and empowered to borrow by ordinance of the Council, the sum or sums of money not exceeding in the aggregate, one Hundred and Twenty-five Thousand Dollars ($125,000), to be appropri- ated, applied and expended for the construction of the Silver- brook sewer, the elimination of grade crossings of railroads, and the improvements of the streets and avenues of the City of Wilmington, and to issue bonds of the said the ' ' The Mayor and Council of Wilmington," for the payment thereof with interest at such times and in such manner as the said Council by ordinance shall prescribe and appoint, and Whereas, It was further provided hx said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the said the ' ' The ]\Iayor and Coun- cil of Wilmington," at such time and in such amounts as the Board of Directors of the Street and Sewer Department of the City of Wilmington may direct; Provided that in no event ORDINANCES. 683 shall the amount to be borrowed under the provisions of said Act exceed the sum of Seventy-five Thousand Dollars in any one year, and, Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, did on the third day of January, A. D. 1898, request the ' ' The Mayor and Council of Wilmington, ' ' to provide by ordi- nance for the borrowing of Fifty Thousand Dollars ($50,000), for the 3^ear 1898, for the construction of the Silverbrook sewer, the elimination of grade crossings of railroads, and the improvement of the streets and avenues of the City of Wil- mington ; and to authorize the issuance of bonds of the said the "The Mayor and Council of Wilmington," for the pay- ment of the sum of money so to be borrowed and kept, of which said request has been presented to the Council and filed among the records thereof; therefore in pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf, Be it ordained, By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of the ' ' The Mayor Authority f to issue and Council of Wilmington," bonds to the amount of Fifty ''o"<^^- Thousand Dollars ($50,000) in the aggregate. Such bonds shall be issued each for the sum of Fifty Dollars ($50.00), or ^j^ountof multiples thereof, and shall fall due and be made payable in the manner following, to wit: Twenty-nine Thousand Four Hundred Dollars, part when thereof, on the first day of April, One Thousand Nine Hun- ^^^^^ dred and Twenty-six, and Twentj' Thousand Six Hundred Dollars, balance thereof on the first day of October, One Thou- sand Nine Hundred and Twenty-six. Such bonds shall be de- nominated "Sinking Fund Four Per Cent. Loan," and shall bear interest at the rate of four per cent, per annum, paj^able rate of. ' semi-annually on the first day of April and October in each and every year after the date of the issue thereof; and shall be signed by the Mayor and countersigned by the City Treas- 684 ORDINANCES. Proceeds. Premiums. For Street and Sewer Department. For what purpose issued. urer and City Auditor in the same manner as other City bonds, and the record thereof kept by the City Auditor and the Citj^ Treasurer respectively. Sec. 2. The Finance Committee of the Council and Com- missioners of the Sinking Fund are hereby authorized and di- rected immediately after the issuance of the bonds provided for by this ordinance to sell and dispose of the same to the highest and best bidder therefor, and to the best advantage of the City, and the proceeds of such sale (but not the premiums arising therefrom), shall be received by the Board of Directors of the Street and Sewer Department, and shall be placed upon special deposit to the credit of said Department in such bank or trust company in the City of Wilmington as shall be deter- mined by the said Board. All orders or warrants for the pay- ment of money to be dra"OTi against said fund shall be signed by the President of said Board and countersigned by the City Treasurer and City Auditor, and shall have specified thereon the words, "Silverbrook Sewer, the elimination of grade crossings and paving and improving the streets and avenues." No warrant or order for the payment of money shall be drawn against said fund except it is for the payment for work done in the construction of the Silverbrook sewer, the elimination of grade crossings and the paving and improvement of the streets and avenues of the City of Wilmington. Passed at the City Hall, April 14, 1898. Preamble. AN ORDINANCE to Provide for the Borrowing of Fifty Thousand Dollars for the Benefit of the Mayor and Coun- cil of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to Authorize the Mayor and Council of Wilmington to borrow the sum of Fifty Thou- sand Dollars and to issue Sinking Fund Bonds in payment thereof," approved the ninth day of March, A. D. 1901, the Mayor and Council was authorized and empowered to borrow by ordinance of the Council the sum of Fifty Thousand Dol- lars, and of the sum of Fifty Thousand Dollars the sum of ORDINANCES. 685 Fifteen Hundred and Fifty Dollars ($1,500), shall be appro- priated, applied and expended by said Council in paying off and liquidating a certain bond and mortgage of said amount ^e*^rti1n^bond held by Elizabeth S. Taylor against the premises in the said lagj^"^*' City of Wilmington, known as Public School No. 9, and the re- maining sum or whatever amount may be necessary shall be applied and expended by the Council to the liquidation of the present floating indebtedness of the City. Therefore be it ordained, By the Council of Wilming- ton. Section 1. That immediately^ after the passage of this ordinance there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of Fifty Thou- sand Dollars ($50,000). Such bonds shall be issued each forissue bonds the sum of Fifty Dollars ($50) or multiples thereof, and shall amount of fall due and be made paj^able in the manner following, to wit : Twenty-four Thousand Dollars ($24,000) part thereof on the first day of October, One Thousand Nine Hundred and Thir- when due T m -mi n -r^ m f> and payable. teen, and Twenty-six Thousand Dollars the balance thereof on the first day of October, One Thousand Nine Hundred and Twenty-six. Said bonds shall be denominated ' ' Sinking Fund Denomi- nated. four per cent, loan," and shall bear interest at the rate of four .^^^^ ^^ ^^_ per centum per annum, payable semi-annually on the first day how^Daid*^ of April and the first day of October in each and every year after the date of the issue thereof ; and shall be signed by the ^°"^ signed. Mayor and countersigned by the City Treasurer and City Au- ditor in the same manner as other city bonds, and the record Records thereof kept by the City Treasurer and City Auditor respec- ^*^p*- tively. Sec. 2. The Finance Committee of the Council and the ^^ How Commissioners of the Sinking Fund are hereby authorized and dispose of. directed immediately after the issuance of the bonds provided for by this ordinance to sell and dispose of the same to the ^ ^. ^ ^ ■' ^ To highest highest and best bidder therefor, and to the best advantage of (^pA^^®^* ° ' ° bidder. the City ; and the proceeds of such sale shall be received by the Proceeds of sale. 686 ORDINANCES. Act of General Assembly. City Treasurer and be placed by him to the credit of The Mayor and Council of Wilmington. Passed at the City Hall, April 11, 1901. Proviso. To borrow upon recom- mendation Board of Park Com- missioners. To be ap- plied and ex- pended un- der charge of Park Commis- sioners. AN ORDINANCE for the Borrowing of Fifteen Thousand Dollars to he Applied and Expended Under the Charge of the Board of Park Commissioners of the City of Wilming- ton. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "A further supplement to an Act entitled an Act to provide for public parks for the use of the City of Wilmington, and its vicinity," passed March 13th, 1883, approved the twenty-first day of March, A. D. 1901, the Mayor and Council of Wilmington was empowered to borrow a sum or sums not exceeding in the aggregate Fifty Thousand Dollars ($50,000), to be applied and expended under the charge of the Board of Park Commissioners of the said City for the purpose of improving the parks, and a sum or sums not exceeding in the aggregate Thirty Thousand Dollars ($30,000) for the purchase or acquisition in the manner au- thorized in the Act, to which this is a supplement, of lands to be used as additions to said parks. And Whereas, It was further provided by said Act that any and all sums of money borrowed under authority of said Act should be borrowed upon the recommendation of the said Board of Park Commissioners. And Whereas, Said Board of Park Commissioners in conformity with the provisions of said Act have filed a written recommendation w^herein said Board requests the Mayor and Council of Wilmington, to provide for the borrowing of Twen- ty-five Thousand Dollars ($25,000), to be applied and ex- pended under the charge of the said Board of Park Commis- sioners for the purpose of improving the parks ; and to author- ize the issuance of bonds of the said ]\Iayor and Council of Wilmington for the payment of the sum of money so bor- ORDINANCES. 687 rowed, which reeonimenclation has been presented to the Coun- cil and filed among the records thereof. Therefore, In pursuance and by authority of the power and authority of the Act of the General Assemby in that be- half. Be it ordained, By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of the Mayor and Council of AVilniington, bonds to the amount of Fifteen Thou- Authority sand Dollars. Such bonds shall be issued, each, for the sum bondTfo of Fifty Dollars ($50) or multiples thereof, and shall fall due ^^o.^ °^ and be made payable on the first day of October, One Thou- f J^^ be^^^ '^"^ sand Nine Hundred and Twenty-six ; such bonds shall be de- payable. nominated ' ' Sinking Fund four per cent, loan, ' ' and shall jj^^gj,gg(. bear interest at the rate of four per centum per annum pay- ,y^gj^ able semi-annually on the first day of April and the first da.y payable. of October of each and every year, after the issue thereof, and shall be signed by the Mayor, countersigned by the City Treas- By-^hom urer and City Auditor in the same manner as other city bonds, signed. and a record thereof kept by the City Treasurer and City Au- Record kept. ditor respectively. Sec. 2. The Finance Committee of the Council and the p rM- • • 1 • T T Authority Commissioners of the Sinking Fund are hereby authorized and to dispose of. directed immediately after the issuance of the bonds provided for by this ordinance to sell and dispose of the same to the . Dispose of highest and best bidder therefor and to the best advantage of to highest '^ ° and best the City, and the proceeds of such sale, but not the premiums bidder. arising therefrom, shall be .received by the Citv Treasurer and „ . . . ". . Subject to be bv hini made the subject of a special deposit in such bank special de- ' . ■ t ■ f- r> 1 r> posit for im- at "Wilmington as shall be the depository of the funds of the provement City, and shall only be drawn therefrom upon the proper war- parks. rant of the Council for the improvement of the public parks. Passed at the City Hall, May 2, 1901. 688 ORDINANCES. AN ORDINANCE for the Borrowing of Twenty-five TJiou- saud Dollars for the Abolition of Grade Crossings of Rail- roads, for the Improvement of Streets and for the Exten- sion of Sewers in the City of Wilmington. Whereas, By an Act of the General Assembly of the General State of Delaware, entitled "An Act to authorize the Mayor Assembly. and Council of Wilmington to borrow a certain sum of money for the elimination of grade crossings of railroads, and for the improvement of streets and avenues and construction of sew- ers in the City of Wilmington, Delaware, ' ' approved the four- teenth day of March, A. D. One Thousand Nine Hundred and One, The i\Iayor and Council of Wilmington was authorized and empowered to borrow by ordinance of the Council the sum of Fifty Thousand Dollars ($50,000), to be appropriated, ap- Appjj^ed^and pijed and expended in the discretion of the Board of Directors discretion of. ^f ^jjg ^^^^^ Qi^y of Wilmington, for the abolition of grade crossings of railroads within the limits of the City of Wilming- ton, and for the opening, widening, paving and improving the streets, avenues, lanes or alleys, and for the extension of the authorized sewer system provided for and in the said City of Wilmington. futhoHty o? ^ND Whereas, It was further provided by said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the jMayor and Council of Wil- mington at such times arid in such amounts as the said Board of Directors of the Street and Sewer Department may decide and direct; provided that the amount to be borrowed under the provisions of said Act shall not exceed the sum of Twenty- S'cUd. five Thousand Dollars ($25,000) in any one calendar year. And Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of To borrow said Act have filed a written request, or direction, wherein by direction , ^, -, ^, ■-, r- -t-.T-i • i ±. of. said Board directs the ]\layor and Council of \\ ilmmgton to provide for the borrowing of Twenty-five Thousand Dollars ($25,000) for the purposes aforesaid, for the calendar year One Thousand Nine Hundred and One, and to authorize the issuance of bonds of the said Mayor and Council of Wilming- ORDINANCES. 689 ton for the payment of the sum of money so to be borrowed Avhich said request or direction has been presented to the Council and filed among the records thereof. Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. Be it ordained, By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance, there shall be issued in the name of the Mayor and Authority to — issuG bonds Council of Wilmington, bonds to the amount of Twenty-five Thousand Dollars ($25,000), such bonds shall be issued each Amount. for the sum of Fifty Dollars ($50) or multiplies thereof, and the total amount thereof being Twenty-five Thousand Dollars ($25,000), shall fall due and be made payable on the first day due and be of April, A. D. One Thousand Nine Hundred and Twenty- seven. Such bonds shall be denominated ' ' Sinking Fund four Denomi- per cent, loan," and shall bear interest at the rate of four per ^^^^^^.^3^. centum per annum, payable semi-annually, on the first day of ^'^^\. April and the first day of October in each year and every year after the date of the issue thereof, and shall be signed by the By whom ' ^ '' signed. Mayor and countersigned by the City Treasurer and City Au: ditor in the same manner as other city bonds, and the record Record kept. thereof kept by the City Treasurer and City Auditor respec- tively. Sec. 2. The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized ^ . , ° "^ To issue and and directed immediately after the issuance of the bonds pro- dispose of vided for by this ordinance, to sell and dispose of the same to °r",'~^ T . "" •^ ' ^ To highest the highest and best bidder, therefor, and to the best advan- and best ° ' ' bidder. tage of the City, and the proceeds of such sale, but not the pre- proceeds. mium arising therefrom, shall be received by the said Board Premiums. of Directors of the Street and Sewer Department, and shall be and sewer placed upon special deposit to the credit of said Board of Di- ^"^^^ '"^" ' • 7 1 1 •!/-<• <> TTT-i • Special de- rectors, m such bank or trust company m the City or Wilmmg- posit. ton as shall be determined upon by said Board. All orders or orders. warrants for the payment of money to be drawn against said fund, shall be signed by the President of said Board, and 690 ORDINANCES. By whom signed. Restriction. At discre- tion of Board of Directors. countersigned by the City Treasurer and City Auditor, and no warrant or order for the payment of money shall be drawn against such funds, except such order or warrant is for pay- ment for work done upon or about the improvements provided for in said Act; provided, Iwivever, further, that it shall be discretionary with said Board of Directors of the Street and Sewer Department as to which improvement or improvements, any, or all such money or moneys, shall be applied. Passed at the City Hall, IMay 2, 1901. AN ORDINANCE for the Borrowing of Twenty -five Thou- sand Dollars for the Aholition of Grade Crossings of Rail- roads, for the Improvements of Streets and for the Ex- tension of Sewers in the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to Authorize the Mayor and Council of Wilmington to borrow a certain sum of money for the elimination of grade crossings of railroads, and for the improvement of streets and avenues and construction of sewers in the City of Wilmington, Delaware," approved the fourteenth day of March, A. D. One Thousand Nine Hundred and One. The Mayor and Council of Wilmington was author- ized and empowered to borrow by ordinance of the Council the sum of Fifty Thousand Dollars ($50,000) to be appropri- ated, applied and expended in discretion of the Board of Di- rectors of the Street and Sewer Department of the City of Wilmington, for the abolition of grade crossings of railroads within the limits of the City of Wilmington, and for the open- ing, widening, paving and improving the streets, avenues, lanes or alleys and for the extension of the authorized sewer system provided for and in the said City of Wilmington. And Whereas, It was further provided by said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the IMayor and Council of Wil- mington at such times and in such amounts as the said Board of Directors of the Street and Sewer Department may decide and direct ; provided that the amount to be borrowed under ORDINANCES. 691 the provisions of said Act shall not exceed the sum of Twenty- five Thousand Dollars ($25,000) in any one calendar year. And Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act have filed a written request, or direction, wherein said Board directs the Mayor and Council of AVilmington to pro- vide for the borrowing- of Twenty-five Thousand Dollars ($25,000) for the purposes aforesaid, for the calendar year One Thousand Nine Hundred and Two, and to authorize the issuance of bonds of the said IMayor and Council of AVilming- ton for the payment of the sum of money so borrowed which said request or direction has been presented to the Council and filed among the records thereof. Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. Be it ordained, By the Council of Wilmington. Section 1. That immediately after the passage of this Bonds to be ordinance, there shall be issued in the name of the Mayor and $25,000. . Council of AVilmington, bonds to the amount of Twenty-five Thousand Dollars ($25,000), such bonds shall be issued each for the sum of Fifty Dollars ($50) or multiples thereof, and the total amount thereof being Twenty-five Thousand Dollars ($25,000) shall fall due and be made payable on the first day of April, A. D. One Thousand Nine Hundred and Twenty- seven. Such bonds shall be denominated "Sinking Fund four ^^fnt®' pg?®'' per cent, loan," and shall bear interest at the rate of four per annum, centum per annum, payable semi-annually, on the first day of April and the first day of October in each and every year after the date ©f the issue thereof, and shall be signed by the ]\Iayor and countersigned by the City Treasurer and City Au- ditor in the same manner as other city bonds, and the record thereof kept by the City Treasurer and City Auditor respec- tively. Sec. 2. The Finance Committee of the Council and the Se"''^!^ ""^ Commissioners of the Sinking Fund are hereby authorized 692 ORDINANCES. and directed immediately after the issuance of the bonds, pro- vided for by this ordinance, to sell and dispose of the same to the highest and best bidder therefor, and to the best advan- tage of the City, and the proceeds of such sale, but not the not Tog? to pi'emiums arising therefrom, shall be received by the said lewerDe^ Board of Directors of the Street and Sewer Department, and partment. shall be placed upon special deposit to the credit of said Board of Directors, in such bank or trust company, in the City of Wilmington as shall be determined upon bj^ said Board. All Warrants. orders or warrants for the payment of mone^^ to be drawn against said fund, shall be signed by the President of said Board, and countersigned by the City Treasurer and City Auditor, and no warrant or order for the payment of money shall be drawn against such funds, except such order or war- rant is for payment for work done upon or about the improve- ments provided for in said Act; provided, however, further, Expenditure ^^^^ ^^ shall be discretionary with said Board of Directors of discretion- ^^g Street and Sewer Department as to which improvement or improvements, any, or all such money or moneys, shall be ap- plied. Approved by the ^Nlayor, IMay 10, 1902. AN ORDINANCE Providing for the Borrowing of Fifteen Tlionsand Dollars to he Applied and Expended Under thfi Charge of the Board of Park Commissioners of the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "A further supjilement to an Act entitled an Act to provide for public parks for the use of the City of Wilmington, and its vicinity," passed March 13th, 1883, approved the twenty-first day of March, 1901, the Mayor and Council of Wilmington was empowered to borrow a sum or sums not exceeding in the aggregate Fifty Thousand Dol- lars ($50,000), to be applied and expended under the charge of the Board of Park Commissioners of the said City for the purpose of improving the parks, and a sum or sums riot exceed- ing in the aggregate Thirty Thousand Dollars ($30,000), for the purchase or acquisition in the manner authorized in the ORDINANCES. 693 Act, to which this is a supplement, of lands to be used as addi- tions to said parks. And Whereas, It was further provided by said Act that any and all sums of money borrowed under authority of said Act should be borrowed upon the recommendation of the said Board of Park Commissioners. And Whereas, Said Board of Park Commissioners in conformity with the provisions of said Act have filed a writ- ten recommendation wherein said Board requests the ^Nlayor and Council of Wilmington, to provide for the borrowing of Fifteen Thousand Dollars ($15,000), to be applied and ex- pended under the charge of the said Board of Park Commis- sioners for the purpose of impro^dng the parks; and to au- thorize the issuance of bonds of the said Mayor and Council of Wilmington for the payment of the sum of money so borrowed, which recommendation has been presented to the Council and filed among the records thereof. Therefore, In pursuance and by authority of the power and authority of the Act of the General Assembly in that be- half. Be it ordained. By the Council of Wilmington. Section 1. That immediately after the passage of this ^gyel f °i.^^® ordinance there shall be issued in the name of the jMayor and *5*''*^o*'- Council of Wilmington, bonds to the amount of Fifteen Thou- sand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars ($50.00) or multiples thereof, and shall fall due and be made paj'able in the manner following, to wit: One or more of said bonds for the aggregate sum of Six Thousand Nine Hundred Dollars ($6900.00) on the first day of October, A. D. One Thousand Nine Hundred and Twenty-six; and one or more bonds for the aggregate sum of Eight Thousand One Hundred Dollars ($8100.00) on the first day of April, One Thousand Nine Hundred and Twenty-seven ; such bonds shall be denominated "Sinking Fund four per cent, loan," and „ . , ° '^ ■ Rate, 4 per shall bear interest at the rate of four per centum per annum cent, per ^ ^ annum. 694 Sinking Fund. Manner of sale. ORDINANCES. payable semi-annually on the first day of April and the first day of October of each and every year, after the issue thereof, and shall be signed by the Mayor, countersigned by the City Treasurer and City Auditor in the same manner as other City bonds, and a record thereof kept by the City Treasurer and City Auditor respectively. Sec. 2. The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds provided for by this ordinance to sell and dispose of the same to the highest and best bidder therefor and to the best advantage of the City, and the proceeds of such sale, but not the premiums arising therefrom, shall be received by the City Treasurer and be by him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the City, and shall only be drawn therefrom upon the proper war- rant of the Council for the improvement of the public parks. Approv?;d by the Mayor, May 10, 1902. AX OBDiyASCE Providing for the Borrowing of Thirty Thousand Dollars to he Applied and Expended Under the Charge of the Board of Park Commissioners of the City of Wilmington for the Purchase of Park Land for Park Purposes. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "A further supplement to an Act entitled an Act to provide for public parks for the use of the City of AVilmington, and its' vicinity. " passed INIarch 13th, 1883, approved the twenty-first day of Llarch, A. D. 1901, the Mayor and Council of Wilming-ton was empow^ered to borrow a sum or sums not exceeding in the aggregate Fifty Thousand Dollars ($50,000), to be applied and expended under the charge of the Board of Park Commissioners of the" said City for the purpose of improving the parks, and a sum or sums not exceeding in the aggregate Thirty Thousand Dollars ($30,000) for the purchase or acquisition in the manner authorized in ORDINANCES. 695 the Act, to which this is a supplement, of lands to be used as additions to said pai'ks, and, Whereas, It was further provided by said Act that any and all sums of money borroAved under authority of said Act should be borrowed upon recommendation of the said Board of Park Commissioners ; and. Whereas, Said Board of Park Commissioners in con- formity with the provisions of said Act have filed a written recommendation wherein said Board requests the Mayor and Council of Wilmington to provide for the borrowing of Thirty Thousand Dollars ($30,000), to be applied and expended un- der the charge of the said Board of Park Commissioners for the purpose of purchasing land for park purposes ; and to au- thorize the issuance of bonds of the said Mayor and Council of Wilmington for the pajanent of the sum so borrowed, which recommendation has been presented to the Council and filed among the records thereof. Therefore, In pursuance and by authority of the power and authority of the xVct of the General Asesmbly in that be- half. Be it ordained, By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of Thirty Thou- Bonds to be sand Dollars ($30,000) . Such bonds shall be issued, each, for gt»"ooo.^'''" the sum of Fifty Dollars ($50.00) or multiples thereof and shall fall due and be made payable, in the following manner : Twelve Thousand Four Hundred Dollars ($12,400) on the S-Ifg^^® '" first day of April, One Thousand Nine Hundred and Twenty- seven, and Seventeen Thousand Six Hundred Dollars ($17,600) on the first day of October, One Thousand Nine Hundred and Twenty-seven ; such bonds shall be denominated "Sinking Fund four per cent, loan," and shall bear interest at the rate of four per centum per annum payable semi-an- pund"^ nualh^ on the first day of April and the first day of October of 696 ORDINANCES. Sale by- Finance Committee. Disposition of proceeds. each and every year, after the issue thereof, and shall be signed by the Mayor, countersigned by the City Treasurer and City Auditor in the same manner as other City bonds, and a record thereof kept by the City Treasurer and the City Audi- tor respectively. Sec. 2. The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds provided for by this ordinance to sell and dispose of the same to the highest and best bidder therefor and to the best advantage of the City, and the proceeds of such sale, but not the premiums arising therefrom, shall be received by the City Treasurer and be by him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the City, and shall only be drawn therefrom upon the proper war- rant of the Council for the purchase of land for park pur- poses. Approved by the Mayor, December 26, 1902. AN ORDINANCE for the Borrowing of Fifty Thousand Dol- lars for the Abolition of Grade Grossiiigs of Bailroads, for the Improvement of Streets, and for the Extension of Sewers in the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to authorize The Mayor and Council of Wilmington to borrow a certain sum of money for the elimination of grade crossings of railroads and for the improvement of streets and avenues and construction of sew- ers in the City of Wilmington, Delaware, ' ' approved the sixth day of April, A. D. One Thousand. Nine Hundred and Five, the Mayor and Council of Wilmington was authorized and em- powered to borrow by ordinance of the Council the sum of Fifty Thousand Dollars ($50,000), tg be appropriated, ap- plied and expended in discretion of the Board of Directors of the Street and Sewer Department of the City of Wilmington, for the abolition of grade crossings of railroads within the limits of the City of Wilmington, and for the opening, widen- ORDINANCES. 691 ing. paving and improving the streets, avenues, lanes or alleys and for the extension of the authorized sewer system provided for and in the said City of Wilmington ; And Whereas, It was further provided by said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the jMayor and Council of Wil- mington at such times and in such amounts as the said Board of Directors of the Street and Sewer Department may decide and direct; provided that the amount to be borrowed under the provisions of said Act shall not exceed the sum of Fifty Thousand Dollars ($50,000) in any one calendar year; And Whereas, The said Board of Directors of the Street and SeAver Department, in conformity with the provisions of said Act have filed a written request, or direction, wherein said Board directs the Mayor and Council of Wilmington to provide for the borrowing of Fifty Thousand Dollars ($50,000) for the purposes aforesaid, for the calendar year One Thousand Nine Hundred and Five, and to authorize the issuance of bonds of the said Mayor and Council of Wilming- ton for the payment of the sum of money to be so borrowed, which said recjuest or direction has been presented to the Coun- cil and filed among the records thereof. Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. Be it ordained. By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance, there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of Fifty Thou- ^g^ed for^^ sand Dollars ($50,000), such bonds shall be issued each for the ^^o.ooo. sum of Fifty Dollars ($50) or multiples thereof; one or more of said bonds or certificates of indebtedness for the sum of Twenty-nine Thousand Eight Hundred Dollars ($29,800) shall fall due and be payable on the first day of April, A. D. One Thousand Nine Hundred and Twenty-eight, and one or more of said bonds or certificates of indebtedness for the sum 698 ORDINANCES. of Twenty Thousand Two Hundred Dollars ($20,200) shall fall due and be payable on the first day of October, A. D. One Thousand Nine Hundred and Twenty-eight. Such bonds shall Fumi"^ be denominated "Sinking- Fund four per cent, loan," and shall bear interest at the rate of four per centum per annum, payable semi-annually, on the first day of April and the first daj^ of October in each and every year after the date of the issue thereof, and shall be signed by the INIayor and counter- signed by the City Treasurer and City Auditor in the same manner as other City bonds, and the record thereof kept by the City Treasurer and City Auditor respectively. juiy^l^iIoB ^^^- 2- [The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds provided for by this ordinance, to sell and dispose of the same to the highest and best bidder therefor, and to the best advantage of the City. The moneys borrowed as aforesaid shall be received by the said Board of Directors of the Street and Sewer De- ?f proceeds, partment, and shall be placed upon special deposit to the credit of said Board of Directors, in such bank or trust com- pany, in the City of Wilmington, as shall be 'determined upon by said Board. All orders or warrants for the payment of money to be drawn against said fund, shall be signed by the President of said Board and countersigned by the City Treas- urer and City Auditor, and no warrant or order for the pay- ment of money shall be drawn against such funds, except such order or warrant is for payment for work done upon or about the improvements provided for in said Act; provided, how- ever, further, that it shall be discretionary \\'ith said Board of Directors of the Street and Sewer Department as to which im- provement or improvements any or all such money or moneys shall be applied, provided that not more than one-third of the moneys so borrowed shall be applied for the extension of sewers.] Approved April 27, 1905. ORDINANCES. 699 AX ORDINANCE for the Borrowing of Fifty Thousand Dol- lars for the Abolition of Grade Crossi)igs of Railroads, for the Improvement of Streets and for the Extension of Sewers in the City of Wilniingto)i. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to authorize the Mayor and Council of Wilmington to borrow a certain sum of money for the elimination of grade crossings of railroads, and for the improvement of streets and avenues and construction of sew- ers in the City of Wilmington, Delaware," approved the sixth day of April, A. D. One Thousand Nine Hundred and Five. The Mayor and Council of Wilmington was authorized and empowered to borrow by ordinance of the Council the sum of Fifty Thousand Dollars ($50,000) to be appropriated, applied and expended in discretion of the Board of Directors of the Street and Sewer Department of the said City of Wilmington, for the abolition of grade crossings of railroads within the limits of the City of Wilmington, and for the opening, widen- ing, paving and improving the streets, avenues, lanes or alleys and for the extension of the authorized sewer sj'stem provided for and in the said Citj- of Wilmington. And Whereas, It was further provided bj' said Act that any and all sums of money borrowed under the authority of said Act shall be borrowed by the Mayor and Council of Wil- mington at such times and in such amounts as the said Board of Directors of the Street and Sewer Department may decide and direct ; provided that the amount to be borrowed under the provisions of said Act shall not exceed the sum of Fifty Thousand Dollars ($50,000) in any one calendar year. And Whereas, The said Board of Directors of the Street and Sewer Department in conformit}^ with the provisions of said Act have filed a written recjuest or direction, wherein said Board directs the Mayor and Council of Wilmington to pro- vide for the borrowing of Fifty Thousand Dollars ($50,000) for the purposes aforesaid, for the calendar year One Thou- sand Nine Hundred and Six, and to authorize the issuance of bonds of the said JMayor and Council of Wilmington for the 700 ORDINANCES. Bonds to be issued for $50,000. Sinking Fund. Sale of bonds. Disposition of proceeds. payment of the sum of money to be so bororwed, which said request or direction has been presented to the Council and filed among the records thereof. Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of Fifty Thou- sand Dollars ($50,000) ; such bonds shall be issued each for the sum of Fifty Dollars ($50.00) or multiples thereof, and the total amount thereof being Fifty Thousand Dollars ($50,000), shall fall due and be made payable on the first day of October, A. D. One Thousand Nine Hundred and Twenty- eight. Such bonds shall be denominated ' ' Sinking Fund four per cent, loan," and shall bear interest at the rate of four per centum per annum, payable semi-annually on the first day of April and the first day of October in each and every year after the date of the issue thereof, and shall be signed bj^ the Mayor and countersigned by the City Treasurer and City Auditor in the same manner as other City bonds, and the record thereof kept by the City Treasurer and City Auditor respectively. Sec. 2. The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds, pro- vided for by this ordinance, to sell and dispose of same to the highest and best bidder, therefor, and to the best advantage of the City. The moneys borrowed as aforesaid shall be re- ceived by the said Board of Directors of the Street and Sewer Department and shall be placed upon special deposit to the credit of the said Board of Directors in such bank or trust company in the City of Wilmington as shall be determined upon by the said Board. All orders or warrants for the pay- ment of money to be drawn against said fund, shall be signed by the President of said Board and countersigned by the City Treasurer and City Auditor, and no warrant or order for the payment of money shall be drawn against such funds, except such order or warrant is for payment for work done upon or ORDINANCES. 701 about the improvements provided for in said Act; provided, however, further, that it shall be discretionary with said Board of Directors of the Street and Sewer Department as to which improvement or improvements, any, or all such money or moneys shall be applied ; provided that not more than one- third of the moneys so borrowed shall be applied for the ex- tension of sewers. Approved March 8, 1906. AX ORDINANCE Providing for the Borrowing of Ten Thou- sand Dollars to he Applied and Expended under the Charge of the Board of Park Commissioners of the City of Wilmington for the Purpose of Improving the Parks. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "A further supplement to an Act entitled An Act to provide for Public Parks for the use of the Cit}" of Wilmington and its vicinity, passed March 13th, 1883," approved IMarch 21, A. D. 1901, the Mayor and Coun- cil of Wilmington were authorized to borrow a sum or sums not exceeding in the aggregate of Fifty Thousand Dollars to be applied and expended under the charge of the Board of Park Commissioners of the said City for the purpose of im- proving the parks, and a sum or sums not exceeding in the ag- gregate Thirty Thousand Dollars for the purchase or acquisi- tion, in the manner authorized in the Act to which it was a supplement, of lands to be used as additions to said parks ; And Whereas, It was further provided by said Act that any and all sums of money borrowed under authority of said Act should be borrowed upon recommendation of the said Board of Park Commissioners ; And Whereas, Said Board of Park Commissioners in con- formity with the provisions of said Act have filed a written recommendation wherein said Board requests the Mayor and Council of Wilmington to provide for the borrowing of Ten Thousand Dollars to be applied and expended under the charge of the said Board of Park Commissioners for the pur- 702 ORDINANCES. pose of improving the parlvs; and to authorize the issuance of bonds of the said Mayor and Council of Wilmington for the payment of the sum of money so borrowed, which recommen- dation has been presented to the Council and filed among the records thereof: Bonds to be issued for $10,000. Rate, 4 per cent, per annum. Sinking Fund. Manner of sale. Proceeds. Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. Be it ordained. By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of Ten Thousand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars, or multiples thereof, and shall fall due and be made payable in the manner following, to wit : On the first day of April, One Thousand Nine Hundred and Twenty-eight. Such bonds shall be denominated "Sinking Fund four per cent, loan," and shall bear interest at the rate of four per centum per annum payable semi-annually on the first day of April and the first daj^ of October of each and every year, after the issue thereof, and shall be signed by the Mayor, countersigned by the City Treasurer and City Auditor in the same manner as other City bonds, and a record thereof kept by the City Treasurer and City Auditor respectively. Sec. 2. The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds pro- vided for by this ordinance to sell and dispose of the same to the highest and best bidder therefor and to the best advantage of the City, and the proceeds of such sale, but not the pre- miums arising therefrom, shall be received by the City Treas- urer and be by him the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the city, and shall be drawn therefrom only upon the proper warrant of the Council for the improvement of the public parks. Approved August 2, 1904. ORDINANCES. 703 AN OEDIXAXCE Providing for a Loan of Two Hundred Thousand. Dollars for the Benefit of the Board of Water Commissioners. Whereas, By Section 12 of the Act entitled "An Act to establish a Board of Water Commissioners for the City of Wil- mington and for other purposes, ' ' pasesd at Dover, April 18th, 1883, and by a subsequent Act entitled "An Act to authorize The INIayor and Council of Wilmington to borrow the sum of Two Hundred Thousand Dollars for the use of the Board of Water Commissioners of said City," passed at Dover, jNIarch 31st, A. D. 1903, it is provided that for the purpose of defray- ing all the costs of acquiring real estate for reservoirs, laying pipes, purchasing and establishing engines, constructing all the works contemplated by this Act, the City of Wilmington upon the requisition of the said Board of Water Commission- ers, shall issue bonds, to be denominated "Wilmington City Bonds" in an amount not exceeding Two Hundred Thousand Dollars. And Whereas, The Board of Water Commissioners on the twenty-first day of September, A. D. 1904, issued their requisi- tion, directed to this Council, setting forth that they had de- cided to purchase, construct and equip a new water system, and requesting The Council to pass an ordinance providing for the issuing to them of the bonds of the City of Wilming- ton of the amount of Two Hundred Thousand Dollars, as the necessities of the Board may require, in accordance with Sec- tion 12 of the Act of the General Assembly aforesaid, which said requisition was presented and filed in The Council on the twenty-second day of September, A. D. 1904. Now, THEREFORE, RE IT ORDAINED, By the Couiicil of Wil- mington. Section 1. That immediately after the passage of this ordinance, there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of Two Hundred ^gSel for^^ Thousand Dollars, such bonds shall be issued each of One ^-'^'^'Oo^- Thousand Dollars and shall be made payable at the expiration of twenty years from the date thereof and may contain a pro- 704 ORDINANCES. Redemption by Board of Water Com- missioners. vision for the redemption thereof by the said Board of Water Commissioners at any time after the expiration of five years from the date thereof, at a premium not to exceed five per cent. Said bonds shall also be liable to be redeemed at their face value at sluy interest bearing period, as follows: The said Board of Water Commissioners shall redeem at the ex- piration of the fifth year from the date of the said bonds, fif- teen of the said bonds at par, and to pay and redeem at the ex- piration of each and every year thereafter, an additional fif- teen of said bonds until the twentieth year, when the said Board of Water Commissioners shall pay and redeem the bal- ance of said bonds. Registered or coupon. Series. Sec. 2. The said bonds may be either registered or cou- pon bonds, as the said Board of Water Commissioners may de- termine, and shall bear interest at a rate not to exceed four per cent, per annum. The said bonds, principal and interest, shall be payable at the Union National Bank of Wilmington out of the money from time to time appropriated for that pur- pose by the said Board of Water Commissioners. The bonds issued under the pro\nsions of this ordinance shall be signed by the ]\Iayor and countersigned by the City Treasurer and City Auditor in the same manner as other City bonds ; and a record thereof shall be made and kept by the City Auditor and City Treasurer and by the Board of Water Commissioners. The said bonds shall all bear the same date and shall be num- bered from No. 1 to 200, inclusive. If coupon bonds shall be issued, the coupons shall bear the engraved signature of the City Treasurer. Sale of bonds. Sec. 3. The Board of Water Commissioners may sell and dispose of the said bonds hereby authorized to be issued on the most advantageous terms possible, but no commission shall be charged or paid to any member of the said Board for effecting the sale, or negotiating the sale of the said bonds. Any money received from the sale of any or all of the said bonds shall be deposited by the City Treasurer to the credit of the Board of Water Commissioners in a separate account, and payment therefrom shall be made in the same manner as other pay- ments by the Board of Water Commissioners, provided, that ORDINANCES. 705 no part of the money thus obtained shall be used by the said ^f jj^oceeds Board of Water Commissioners for any purpose other than the construction, erection and equipment of the new reservoir' to be located in Brandywine Hundred, New Castle County, and for the purchase, construction and equipment of the pipes, mains, filter plant, clear water basin, buildings and machinery proper for the construction, completion and operation of the said reservoir in connection with the water worlds of the City of Wilmington. Sec. 4. The principal and interest of the said bonds shall Payable in be paid in gold coin of the United States of America. Sec. 5. All charges and expenses connected with the Expenses preparation of the said bonds, and of the sale thereof, shall be by water paid by the said Board of Water Commissioners by money to be appropriated by them for that purpose. Approved October 24, 1904. AN ORDINANCE Providing for the Borrowing of Forty-five Thousand Dollars to he Applied and Expended Under the Charge of the Board of Park Commissioners of the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "A further supplement to an Act entitled An Act to provide for public parks for the use of the City of Wilmington, and its vicinity, passed March 13th, 1883," approved March 29th, 1905. The Mayor and Council of Wilmington was empowered to borrow a sum or sums not exceeding in the aggregate ($20,000) Twenty Thousand Dol- lars to be applied and expended under the charge of the Board of Park Commissioners of said City for the purpose of improving the parks and a sum or sums not exceeding in the aggregate ($30,000) Thirty Thousand Dollars for the pur- chase or acquisition, in the manner authorized in the Act to which this is a supplement, of lands to be used as additions of said parks. 706 ORDINANCES. And Whereas, It was further provided by said Act that any and all sums borrowed under the authority of said Act "should be borrowed upon the recommendation of the said Board of Park Commissioners, And Whereas, Said Board of Park Commissioners, in conformity with the provisions of said Act, have filed written recommendations wherein said Board requests The Mayor and Council of Wilmington to provide for the borrowing of ($15,000) Fifteen Thousand Dollars for the purpose of im- proving the parks and to provide for the borrowing of ($30,000) Thirty Thousand Dollars for the purchase or ac- quisition of lands to be used as additions to the public parks ; the said amounts to be applied and expended under the charge of the said Board of Park Commissioners; and to authorize the issuance of bonds of The Mayor and Council of Wilming- ton for the paj^meut of the sums of money so borrowed, which recommendations have been presented to the Council and filed among the records thereof ; Therefore, In pursuance and by authority of the power and authority of the Act of the General Assembly in that be- half. Bonds to be issued for $45,000. Rate, 4 per cent. Sinking Fund. Be it ordained. By the Council of Wilmington. Section 1. That immediately after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of Forty-five Thousand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars or multiples thereof, and shall fall due and be made payable as follows : Sixty-nine Hundred Dollars on the first day of October, A. D. One Thousand Nine Hun- dred and Twenty-eight ; and Thirty-eight Thousand One Hun- dred Dollars on the first day of April, A. D. One Thousand Nine Hundred and Twenty-nine. Such bonds shall be de- nominated "Sinking Fund four per cent, loan," and shall bear interest at the rate of four per centum per annum pay- able semi-annually on the first day of April and the first day of October of each and every year after the issue thereof, and ORDINANCES. 707 shall be signed by the Mayor, countersigned by the City Treas- urer and City Auditor in the same manner as other City bonds, and a record thereof shall be kept by the City Treas- urer and City Auditor respectively. Sec. 2. The Finance Committee of the Council and the Commissioners of the Sinking Fund are hereby authorized saie. and directed immediately after the issuance of the bonds pro- vided for by this ordinance to sell and dispose of the same to the highest and best bidder therefor and to the best advan- tage of the City, and the proceeds of such sale shall be re- ^^f^^^^^P^g"^ ceived by the City Treasurer, and the amount of the issue, but not the premium arising therefrom, shall be by him made the subject of a special deposit in such bank at Wilmington as ■shall be the depository of the funds of the City and shall be dra^ATi therefrom, only upon the proper warrant of the Coun- cil, for improvements to park lands or for the purchase or ac- quisition of lands for additions to the public parks. lands^^ Approved 3rd Day of April, A. D. 1906. AN ORDINANCE to Borrow Eight Hundred Thousand Dol- lars for the Completion and Operation of the Water Sup- ply System of the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, approved March 29th, A. D. 1907, entitled "An Act to authorize The IMayor and Council of Wilmington to borrow Eight Hundred Thousand Dollars for the purpose of paying off any floating indebtedness and current liability in connection with the Water Works System of the City of Wil- mington, and for defraying the cost of acquiring real estate and water rights ; and for the completion, construction, erec- tion and equipment of new reservoirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurte- nances necessary for the completion and operation of the reservoir and filtration plants in connection with the extension of the Water Supply System of the City of AVilmington, " The Mayor and Council of A¥ilmington was authorized and em- powered to borrow, by ordinance of The Council a sum not ex- 708 ORDINANCES. ceeding Eight Hundred Thousand Dollars, to be expended for the purpose of paying off any floating indebtedness and cur- rent liability in connection with the Water Works System of the City of Wilmington, and for defraying the cost of acquir- ing real estate and water rights; and for the completion, operation, construction, erection and equipment of new reser- voirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the completion and operation of the Water Supply System of the City of Wil- mington ; and for the purpose of securing the payment of such sum, to issue bonds in denominations of One Thousand Dollars each, bearing such rate of interest not exceeding four and one- half per centum per annum as The Council of The Mayor and Council of Wilmington may deem expedient ; And Whereas, It was further provided in said Act that said bonds or any parts thereof, may be sold when and as The Council of The Mayor and Council of Wilmington shall deter- mine ; And Whereas, It Avas further provided in said Act that whenever the Board of AVater Commissioners of the City of Wilmington shall deem it necessary to have The Council sell any or all of said bonds, the said Board shall by resolution re- quest The Council to issue any portion or all of said bonds ; And AVhereas, The said Board of Water Commissioners in conformity with the provisions of said Act deeming it nec- essary to have all of said bonds issued and sold, has by resolu- tion of said Board requested the said Council to issue and sell all of said bonds, said resolution having been presented to said Council and filed among the records thereof ; Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf : Section 1. That immediately after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington in accordance with the provisions of ORDINANCES. 709 the above -recited Act of the General Assembly of the State of Delaware, bonds to the amount of Eight Hundred Thousand ^g^f^ f°j?® Dollars in the aggregate, and the credit of The Mayor and $800,ooo. Council of Wilmington is hereby pledged for the payment of both principal and interest in accordance with the terms of the aforesaid Act. Such bonds shall be dated May first, A. D. 1907, and shall be issued for the sum of One Thousand Dol- lars each, and shall fall due and become payable as provided for in the above recited Act of the General Assembly. Such bonds shall be denominated "Wilmington AVater Works Bonds, ' ' and shall bear interest at the rate of four per centum Rate, 4 per per annum, payable semi-annually on the first day of INIay ^^^^' and the first day of November in each and every year after the date of the issue thereof ; and shall be signed by the Mayor of the City of Wilmington and under the seal of the City and shall be countersigned by the City Treasurer and City Auditor in the same manner as other City bonds ; and it shall be the Manner of duty of such officers to execute said bonds when directed by of bonds. resolution of The Council to do so, and it shall also be the duty of the City Treasurer, City Auditor and Board of Water Com- missioners to keep a record of said bonds. Sec. 2. The Finance Committee of The Council is hereby saie. authorized and directed immediately after the issuance of the bonds provided for by this ordinance, to sell and dispose of all or any part of said bonds to the highest and best bidder or bidders therefor, on the most advantageous terms possible, after having advertised the sale of the same in the public press at least once each week for at least two weeks, and the money received from the sale of said bonds shall be paid to the City Treasurer and by him deposited to the credit of the Board of Water Commissioners in a separate account, and pajanents therefrom shall be made in the same manner as other pay- ments are made by the Board of Water Commissioners. The money so obtained and deposited shall be used by said Board Disposition of Water Commissioners as provided in said Act of the Gen- °^ proceeds, eral Assembly ; provided that the purchasers or holders of said bonds shall not be bound to see to or be affected by the appli- cation or mis-application of any of said money realized from the sale of said bonds. 710 ORDINANCES. Sec. 3. Said bonds shall contain such provision not in- consistent with the aforesaid Act of Assembly as shall secure to the holders thereof the payment of the principal and inter- est due thereon, according to the provisions of said Act of As- sembly. Approved May 2, 1907. AN OBDINANCE to Authorize The Mayor and Council of Wilmington to Borrow Two Hundred and Fifty Thou- sand Dollars for the Curding, Guttering, Grading, Widen- ing, Paving and Improving of Streets and Avenues and the Building of Sewers and Conduits, in the City of Wil- mington, Delaware. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to authorize The Mayor and Council of Wilmington to borrow money for the curbing, guttering, grading, widening, paving and improving of streets and avenues and the building of sewers and conduits, in the City of Wilmington, Delaware," approved March 4th, A. D. 1907. The Mayor and Council of Wilmington was given power and authority to borrow money for the curbing, gutter- ing, grading, widening, paving and improving of the streets, avenues, lanes or alleys and the building of sewers and con- duits in the City of Wilmington, Delaware, in such amounts and at such times as the said The Mayor and Council of Wil- mington should deem necessary to be borrowed and as said The Mayor and Council of Wilmington should by ordinance, prescribe and appoint : and to issue the bonds of said City in payment therefor with interest ; And Whereas, It is further provided by said Act that the Board of Directors of the Street and Sewer Department of The Mayor and Council of Wilmington, shall, before any moneys are so borrowed under the authority of said Act, pre- pare and present to the Council of the said The ]Mayor and Council of Wilmington a list showing location and estimated cost of improvements as far as practicable which improve- ORDINANCES. 711 merits in the judgment of said Board of Directors of the Street and Sewer Department should be made ; And "Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, have prepared and presented to said The Council a list showing the location, and the estimated cost of improve- ments, which in the judgment of said Board of Directors of the Street and Sewer Department should be made; And Whereas, The said The Council of The Mayor and Council of Wilmington proposes to fix by ordinance the amount to be borrowed, basing said amount on the estimates submitted by the said Board of Directors of the Street and Sewer Department ; And Whereas, In the judgment of The Council, the sum of Two Hundred and Fifty Thousand Dollars should be bor- rowed for the purposes recited in said Act ; Therefore. In pursuance and by virtue of the power and authority vested in The Council bj' said Act of the General As- sembly of the State of Delaware in that behalf. Be it ordained, By The Council of Wilmington (two- thirds of all the members of The Council concurring herein) : Section 1. That immediatel}^ after the passage of this ordinance, there shall be issued in the name of The Mayor and Council of Wilmington, in accordance w'ith the provisions of the above recited Act of the General Assembly of the State of Delaware, bonds to the amount of Two Hundred and Fifty issued for Thousand Dollars ; such bonds shall be issued each for the sum " ' of Fifty Dollars ($50.00) or multiples thereof and shall fall due and become payable as follows : $41,200 thereof on the ,, , ., ^ "^ ^ J Maturity. first day of April, 1929 ; $81,600 thereof on the first day of October, 1929 ; $84,200 thereof on the first day of April, 1930, and $43,000 thereof on the first day of October, 1930. Said bonds shall be denominated "Wilmington City Bonds," and shall bear interest at the rate of four per centum ^^^'^- ^ p^^ 712 ORDINANCES. per annum, payable semi-annually on the first day of April and the first day of October in each and every year after the date of the issue thereof, and shall be signed by the Mayor and countersigned by the City Treasurer and City Auditor in the same manner as other City bonds are signed, and a record thereof shall be kept by the City Treasurer and City Auditor, respectively. Sale of bonds. Procei cis to Street and Sewer De- partn: ent. Sec. 2. The Finance Committee of The Council and the Commissioners of the Sinking Fund are herebj^ authorized and directed immediately after the issuance of the bonds provided for by this ordinance, to sell and dispose of any part or all of the said bonds in such amount or amounts as the Finance Com- mittee of The Council shall determine, to the highest and best bidder or bidders therefor and to the best advantage of the City. The moneys so borrowed shall be paid into the City Treasury, and upon receipt of the same by the City Treasurer, he shall deliver the amount of the same to the Board of Direc- tors of the Street and Sewer Department, of the said City of Wilmington which said Board shall have .supervision, manage- ment, direction and control of the work required to be done with the proceeds of the sale of said bonds and the expendi- ture of the money necessary with respect thereto. Provided, however, that the purchasers or holders of the bonds to be issued under the provisions of this ordinance shall in no wise be responsible for the application or mis-application of the funds realized from the sale of said bonds. Deposit of proceeds. Sec. 3. All moneys borrowed under the provisions of this ordinance shall be placed or deposited by the Board of Direc- tors of the Street and Sewer Department of the said City of Wilmington in such bank or trust company in the City of Wil- mington as shall be the depository of the funds of such Board, and no warrant or order for the payment of money shall be drawn against said funds except such warrant or order is for payment for work done or materials furnished or implements used upon or about the improvement or improvements pro- vided for in said Act of the General Asesmbly, or for the curb- ing, guttering, grading, widening, paving and improving of ORDINANCES. 713 the streets, avenues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, Delaware. All orders or warrants for the payment of money to be ^if^'^nongy dra\^^l against said funds, shall be signed by the President of ^s®<^- said Board and countersigned by the City Treasurer and City Auditor. Approved May 2, 1907. AN ORDINANCE to Authorize The Mayor and Council of Wilmington to Borrow Ten Thousand Dollars to he Ap- plied and Expended Under the Charge of the Board of Park Commissioners of the Said City for the Purpose of Improving the Public Parks. Whereas, By an Act of the General Assembly of the State of Delaware, entitled ' ' A further supplement to an Act entitled An Act to provide for public parks for the use of the City of Wilmington and its vicinity," passed IMarch 13th, 1883, ap- proved March 21, 1901, being Chapter 171, Volume 22, Laws of Delaware, The Mayor and Council of Wilmington, upon the recommendation of the Board of Park Commissioners, was au- thorized to borrow a sum or sums not exceeding in the aggre- gate Fifty Thousand Dollars to be applied and expended un- der the charge of the Board of Park Commissioners of the said City for the purpose of improving the parks ; And Whereas, The said Board of Park Commissioners, has filed with The Council of The Mayor and Council of Wil- mington its written recommendation requesting that The Mayor and Council of Wilmington pro\ade for the borrowing of the sum of Ten Thousand Dollars to be expended under the charge of said Board for the purpose of improving the parks of said City; Therefore, In pursuance of the power and authority vested in The Council by virtue of said Act of Assembly, and b}^ virtue of said written recommendation of said Board of Park Commissioners, 714 ORDINANCES. Bonds to be issued for $10,000. Sinking Fund. Rate, 4 per cent. Be it ordained, By the Council of Wilmington (two- thirds of all the members elected to The Council concurring herein) : Section 1. That as soon as practicable after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of Ten Thousand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars or multiples thereof and shall fall due and become payable on the first day of October, A. D. 1930. Such bonds shall be denominated ' ' Sinking Fund four per cent, loan, ' ' and shall bear interest at the rate of four per centum per annum payable semi-annually on the first days of April and October of each and every year after the date of the issue thereof and shall be signed by the Mayor and coun- tersigned by the City Treasurer and City Auditor in the same manner as other City bonds, and a record thereof shall be kept by the City Treasurer and City Auditor respectively. Sec. 2. The Finance Committee of The Council and the Commissioners of the Sinking Fund are hereby authorized and directed to sell and dispose of the bonds provided for by this ordinance to the highest and best bidder or bidders therefor, and to the best advantage of the City; and the proceeds of such sale shall be received by the City Treasurer, and the amount of the same (but not the premium arising therefrom), shall be by him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the City and shall be drawn therefrom only upon the proper warrant of The Council for the purpose of improving the pub- Pubiic parks. Hq parks of the Cit}^ of Wilmington. Approved August 1, 1907. Sale of bonds. AN ORDINANCE to Authorize The Mayor and Council of ■ Wilmington to Borrow Five Thousand Dollars to he Ap- plied and expended Under the Charge of the Board of Park Commissioners of the Said City for the Purpose of Improving the Public Parks. Whereas, By an Act of the General Assembly of the ORDINANCES. 715 State of Delaware, entitled "A further supplement to an Act entitled An Act to provide for public parks for the use of the City of Wilming-ton and its vicinity," passed March 13th, 1883, approved :\Iarch 29, 1905, being Chapter 163, Volume 23, Laws of Delaware, The Mayor and Council of Wilmington, upon the recommendation of the Board of Park Commission- ers, was authorized to borrow a sum or sums not exceeding in the aggregate Twenty Thousand Dollars to be applied and ex- pended under the charge of the Board of Park Commissioners of the said City for the purpose of improving the parks ; And Whereas, The said Board of Park Commissioners, has filed with The Council of The Mayor and Council of Wil- mington its written recommendation requesting that The Mayor and Council of Wilmington provide for the borrowing of the sum of Five Thousand Dollars to be expended under the charge of said Board for the purpose of improving the parks of said City ; Therefore, In pursuance of the power and authority vested in The Council by virtue of said Act of Assembly, and by Virtue of said written recommendation of said Board of Park Commissioners, Be it ordained, By The Council of Wilmington (two- thirds of all the members elected to The Council concurring herein) : Section 1. That as soon as practicable after the passage of this ordinance there shall be issued in the name of The jMaj^or and Council of Wilmington bonds to the amount of Five Thousand Dollars. Such bonds shall be issued each for Bonds to be issued for the sum of Fifty Dollars or multiples thereof and shall fall $5,ooo. due and become payable on the first day of October, A. D. 1930. Such bonds shall be denominated ' ' Sinking Fund four Fund, per cent, loan, ' ' and shall bear interest at the rate of four per cent.' centum per annum payable semi-annually on the first days of April and October of each and every year after the date of the issue thereof and shall be signed by the Mayor and counter- signed by the City Treasurer and City Auditor in the same 716 ORDINANCES. manner as other City bonds, and a record thereof shall be kept by the City Treasurer and City Auditor, respectively. Sec. 2. The Finance Committee of The Council and the Sale of Commissioners of the Sinking Fund are hereby authorized bonds. T T T and directed to sell and dispose of the bonds provided for by this ordinance to the highest and best bidder or bidders there- for, and to the best advantage of the City; and the proceeds of such sale shall be received by the City Treasurer, and the amount of the same (but not the premiums arising therefrom), shall be by him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the City and shall be drawn therefrom only upon the proper warrant of The Council for the purpose of improving the pub- Pubiic parks, lie p^rks of the City of Wilmington. Approved August 1, 1907. AN OKDINANCE to Authorize The Mayor and Council of Wilmington to Borrow Thirty Thousand Dollars to Pay for the Curhing, Guttering, Grading, Widening, Paving and Improving of Tenth Street Between Market and Tat- nall Streets, in the City of Wilmington, Delaware. Whereas, By Section 14, of an Act entitled "An Act to alter and re-establish the Statutes relating to the City of Wil- mington," approved March 25th, A. D. 1907, The Council of The Mayor and Council of Wilmington was authorized to bor- row in any one fiscal year for such municipal purpose or pur- poses as it should deem proper, a sum not exceeding Fifty Thousand Dollars, by ordinance passed by a vote of two-thirds of all the members elected to the Council ; And Whereas, The Council has borrowed in the present fiscal year the sum of Twenty Thousand Dollars under said section for certain municipal purposes ; And Whereas, The said The Council of The Mayor and Council of Wilmington proposes to borrow the sum of Thirt}^ Thousand Dollars to pay for the curbing, guttering, grading, ORDINANCES. 717 widening, paving and improving of Tenth street between Mar- ket street and Tatnall street, in the City of Wihnington, Dela- ware ; Therefore, Be it ordained, Bj^ the Council of Wilming- ton (two-thirds of all the members elected to The Council con- curring herein) : Section 1. That as soon as practicable after the passage of this ordinance there shall be issued in the name of The Bonds to be issued for Mayor and Council of Wilmington, bonds to the amount of $30,ooo. Thirty Thousand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars or multiples thereof, and shall fall •^ -^ ' Maturity. due and become payable as follows: Eight Thousand and Seven Hundred Dollars thereof on the first day of October, 1930; and Twenty-one Thousand and Three Hundred Dollars thereof on the first day of April, 1931. Such bonds shall be denominated ' ' Sinking Fund four Rate, 4 per per cent, loan," and shall bear interest at the rate of four per sinking centum per annum, payable semi-annually, on the first days of April and October in each and every year after the date of issue. The bonds issued under the provisions of this ordinance Execution shall be signed by the Mayor and countersigned by the City Treasurer and City Auditor in the same manner as other City bonds, and a record thereof shall be made and kept by the City Auditor and City Treasurer, respectively. Sec. 2. The Finance Committe of The Council and the Commissioners of the Sinking Fund are hereby authorized saie of and directed to sell and dispose of the bonds provided for by this ordinance, in such manner as in their judgment will be to the best advantage of the City ; and the proceeds of such sale shall be deposited to the credit of the Board of Directors of street and the Street and Sewer Department of the City of Wilmington plnment.' in such bank or trust company as shall be the depository- of the funds of said Board, and shall be withdrawn therefrom only on orders or warrants signed by the President of said 718 ORDINANCES. Board and countersigned by the City Treasurer and City Au- ditor. Approved May 5, 1908. AN ORDINANCE to Borrow Twenty Thousand Dollars, Fif- teen Thousand Dollars of which Shall he Used for the Purpose of Purchasing Land for Park Purposes and Five Thousand Dollars of which Shall he Used for the Erection of a Bath House in or Near Kirkivood Park. Whereas, Bj'- Section 14 of an Act entitled "An Act to alter and re-establish the statutes relating to the City of Wil- mington," approved March 25th, A. D. 1907, The Council of The Mayor and Council of Wilmington was authorized to bor- row in any one fiscal year from such municipal purpose or purposes as it should deem proper, a sum not exceeding Fifty Thousand Dollars by ordinance passed by a vote of two-thirds of all the members elected to The Council ; And Whereas, A majority of the Board of Park Com- missioners of the City of Wilmington have recommended to The Council that the sum of Fifteen Thousand Dollars be bor- rowed for the purchase or acquisition of lands for the purpose of opening and extending the area of the public parks of the City, and Five Thousand Dollars to be used towards the erec- tion of a bath house in or near Kirkwood Park. Therefore, Be it ordained, By The Council of Wilming- ton (two-thirds of all the members elected to The Council con- curring herein) : Bonds to be issued for $20,000. Maturity. Sinking Fund. Rate, 4 per cent. Section 1. That as soon as practicable after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of Twenty Thousand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars or multiples thereof, and shall fall due and become payable on the first day of October, 1930. Such bonds shall be denominated "Sinking Fund four per cent, loan," and shall bear interest at the rate of four per centum per annum, payable semi-annually on the first day of ORDINANCES. 719 April and October in each and every year after date of issue. The bonds issued under the provisions of this ordinance shall be signed by the Mayor and countersigned by the City Treas- Execution. urer and the City Auditor in the same manner as other City bonds, and a record thereof shall be made and kept by the City Auditor and City Treasurer, respectively. Sec. 2. The Finance Committee of The Council and the Conunissioners of the Sinking Fund are herebv authorized " " Sale of and directed to sell and dispose of the bonds provided for by bonds. this ordinance to the highest and best bidder or bidders there- for and to the best advantage of the City ; and the proceeds of such sale shall be received by the City Treasurer and the amount of the same (but not the premium arising therefrom), shall be by him made the subject of a special deposit in such bank at Wilmington as shall be the depository of the funds of the City, and shall be drawn therefrom only upon the proper warrant of The Council. Bonds to the amount of Fifteen Thousand Dollars shall be sold, the proceeds to be used for the purpose of purchasing land for park purposes and bonds to ^^^^'^^^ parks. the amount of Five Thousand Dollars shall be sold, the pro- ceeds to be used for the purpose of erection of a bath house in ^^^^ house. or near Kirkwood Park. Approved February 10, 1908. AN ORDINANCE to Borrow Twenty-five Thousand Dollars for the Completion and Operation of the Vt'ater Supply System of the City of Wilmington. Whereas, By an Act of the General Assembly of the State of Delaware, approved March 29th, A. D. 1907, entitled "An Act to authorize the Mayor and Council of Wilmington to borrow Eight Hundred Thousand Dollars for the purpose of paying off any floating indebtedness and current liability in connection with the Water Works System of the City of Wilmington, and for defraying the cost of acquiring real es- tate and water rights and for the completion, construction, erection and equipment of new reservoirs, filter plants, pump- ing stations, pumping engines, pipes, mains and other appur- 720 • ORDINANCES. tenances necessary for the completion and operation of the reservoir and filtration plants in connection with the extension of the Water Supply System of the City of Wilmington, ' ' the Mayor and Council of Wilmington was authorized and em- powered to borrow, by ordinance of The Council, a sum not exceeding Eight Hundred Thousand Dollars, to be expended for the purpose of paying off any floating indebtedness and current liability in connection with the Water Works System of the City of Wilmington, and for defraying the cost of ac- quiring real estate and water rights ; and for the completion, operation, construction, erection and equipment of new reser- voirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the completion and operation of the Water Supply System of the City of Wil- mington ; and for the purpose of securing the payment of such sum, to issue bonds in denominations of One Thousand Dol- lars each, bearing such rate of interest not exceeding four and one-half per centum as The Council of The Mayor and Council of Wilmington may deem expedient ; And Whereas, It was further provided in said Act that said bonds or any part thereof, may be sold when and as The Council of The Maj'or and Council of Wilmington shall de- termine ; And Whereas, It was further provided in said Act that whenever the Board of Water Commissioners of the City of Wilmington shall deem it necesasry to have The Council sell any or all of said bonds, the said Board shall, by resolution, re- quest The Council to issue any portion or all of said bonds ; And Whereas, The said Board of Water Commissioners in conformity with the provisions of said Act deeming it neces- sary to have all of said bonds issued and sold, has by resolu- tion of said Board requested the said Council to issue and sell all of said bonds, said resolution having been presented to said Council and filed among the records thereof ; And Whereas, Classes "A" to "K," inclusive, of the bonds authorized to be issued under the provisions of said Act ORDINANCES. 721 of Assembh', aggregatiug Four Hundred and Thirty Thou- sand Dollars having been issued and sold, and such issue and sale duly authorized and ratified by ordinances and resolu- tions of The Council heretofore duly passed ; And Whereas, None of the bonds authorized to be issued and sold under the provisions of said Act of Assembly, with the exception of said Classes "A" to "K," inclusive, have been issued or sold by the said Council or the Finance Com- mittee of said Council or by The Mayor and Council of Wil- mington ; Therefore, In pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf ; Be it ordained, By the Council of Wilmington (two- thirds of all- the members elected to The Council concurring herein) : Section 1. That as soon as practicable after the passage of this ordinance there shall be issued in the name of The name of the IMayor and Council of Wilmington in accordance with the provisions of the above recited Act of the General Asesmblv of the State of Delaware, bonds to the amount of Bonds to be ' issued for Twenty-five Thousand Dollars in the aggregate, and the credit $-5.ooo. of The Mayor and Council of Wilmington is hereby pledged for the payment of both principal and interest in accordance with the terms of the aforesaid Act. Such bonds shall be is- sued for the sum of One Thousand Dollars each, and shall fall due and become payable as provided in the above recited Act of the General Assembly. Said bonds shall be denominated "Wilmington Water Works' Bonds, ' ' and shall bear interest at the rate of four per j^j^j.^ 4 p^j. centum per annum, payable semi-annually on the first day of ^®"*- May and the first day of November in each and every year after the date of the issue thereof; and shall be signed by the Mayor of the City of Wilmington and under the seal of the City, and shall be countersigned by the City Treasurer and the City Auditor in the same manner as other City bonds ; and 722 ORDINANCES. Execution, j^ shall be the duty of such officers to execute said bonds when directed by resolution of The Council to do so, and it shall also be the duty of the City Treasurer, City Auditor and the Board of Water Commissioners to keep a record of said bonds. Sec. 2. The Finance Committee of The Council is here- Sale of . . bonds. by authorized and directed immediately after the issuance of the bonds provided for by this ordinance to sell and dispose of said bonds to the highest and best bidder or biddei's therefor, on the most advantageous terms possible, after having adver- tised the sale of the same in the public press at least once each week for at least two weeks, and the money received from the sale of said bonds shall be paid to the City Treasurer and shall be by him deposited to the credit of the Board of Water Com- missioners in a separate account and payments therefrom shall Proceeds to ^® made in the same manner as other payments are made by watei-'com- ^^^ Board of Water Commissioners. The money so obtained and deposited shall be used by said Board of Water Commis- sioners as provided in said Act of the General Assembly ; pro- vided that the purchasers or holders of said bonds shall not be bound to see to or be affected by the application or mis-appli- cation of an}^ of said monej^ realized from the sale of said bonds. Sec. 3. Said bond shall contain such provisions not in- consistent with the aforesaid Act of the General Assembly as shall secure to the holders thereof the payment of the prin- cipal and interest due thereon, according to the provisions of said Act of Assembly. Approved August 11, 1908. missioners. AN ORDINANCE to AutJiorize The Mayor and Council of Wilmington to Borrow Seventy-five Thousand Dollars for the CurMng, Guttering, Grading, Widening, Paving and Improving of Streets and Avenues and the Building of Sewers and Conduits in the City of Wilmington, Dela- ware. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to authorize The Mayor ORDINANCES. 723 and Council of Wilmington to borrow money for the curbing, guttering, grading, widening, paving and improving of streets and avenues and tlie building of sewers and conduits in the City of Wilmington, Delaware," approved March 4, A. D. 1907, The ]\Iayor and Council of Wilmington was given power and authority to borrow monej^ for the curbing, guttering, grading, widening, paving and improving of the streets, ave- nues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, Delaware, in such amounts and at such times as the said The IMayor and Council of Wilmington should deem necessary to be borrowed and as said The Mayor and Council of Wilmington should by ordinance, prescribe and appoint; and to issue the bonds of said City in payment therefor with interest ; And Whereas, It is further provided by said Act that the Board of Directors of the Street and Sewer Department of The JMayor and Council of Wilmington, shall, before any moneys are so borrowed under the authority of said Act, pre- pare and present to The Council of the said The ]\Iayor and Council of Wilmington, a list showing location and estimated cost of improvements as far as practicable, which improve- ments in the judgment of said Board of Directors of the Street and Sewer Department should be made ; And Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, have prepared and presented to said The Council, a list showing the location, and the estimated cost of improve- ments, which in the judgment of said Board of Directors of the Street and Sewer Department should be made ; And Whereas, The said The Council of The IMayor and Council of Wilmington proposes to fix hy ordinance the amount to be borrowed, basing said amount on the estimates submitted by the said Board of Directors of the Street and Sewer Department ; 724 ORDINANCES. Bonds to be issued for $75,000. And Whereas, In the judgment of The Council, the sum of Seventy-five Thousand Dollars should be borrowed for the purposes recited in said Act ; Therefore, In pursuance and by virtue of the power and authority vested in The Council by said Act of the General Assembly of the State of Delaware in that behalf. Be it ordained, By the Council of Wilmington (two- thirds of all the members elected to The Council concurring herein) : Section 1. That immediately after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, in accordance with the provisions of the above recited Act of the General Assembly of the State of Delaware, bonds to the amount of Seventy-five Thousand Dol- lars ; such bonds shall be issued each for the sum of Fif tj- Dol- lars ($50.00) or multiples thereof and shall fall due and be- come payable as follows : Maturities. Sixty-eight Thousand Two Hundred Dollars thereof on the first day of April, A. D. 1931 ; and Sixty-eight Hundred Dollars thereof on the first dav of October, A. D. 1931. Rate, 4 per cent. Said bonds shall be denominated "Sinking Fund Four Per Cent. Loan" and shall bear interest at the rate of four per centum per annum, payable semi-annually on the first day of April and the first day of October in each and every j^ear after the date of the issue thereof, and shall be signed bj' the Mayor and countersigned by the City Treasurer and City Au- ditor in the same manner as other city bonds are signed and a record thereof shall be kept by the City Treasurer and City Auditor, respectively. Sale of bonds. Sec. 2. The Finance Committee of The Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds provided for by this ordinance, to sell and dispose of any part or all of the said bonds in such amount or amounts as the Finance ORDINANCES. 725 Committee of The Council shall determine to the highest and best bidder or bidders therefor and to the best advantage of the city. The moneys so borrowed shall be paid into the city treasury, and upon receipt of the same by the City Treasurer, he shall deliver the amount of the same to the Board of Direc- tors of the Street and Sewer Department of the said City of Wilmington, which said Board shall have supervision, man- agement, direction and control of the work required to be done with the proceeds of the sale of said bonds and the expendi- ture of the money necessary with respect thereto; provided, however, that the purchasers or holders of the bonds to be is- sued under the provisions of this ordinance shall in no wise be responsible for the application or misapplication of the funds realized from the sale of said bonds. Sec. 3. All moneys borrowed under the provisions of this ordinance shall be placed or deposited by the Board of Direc- tors of the Street and Sew^er Department of the said City of streeTand*^ Wilmington in such bank or trust company in the City of Wil- pli^ment. mington as shall be the depository of the funds of such Board, and no warrant or order for the payment of money shall be drawn against said funds except such warrant or order is for pa3^nent for work done or materials furnished or implements used upon or about the improvement or improvements pro- vided for in said Act of the General Assembly, or for the curb- ing, guttering, grading, widening, paving and improving of the streets, avenues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, Delaware. All orders or warrants for the payment of money to be drawn against said funds shall be signed by the President of said Board and countersigned by the City Treasurer and City Auditor. Approved August 11, 1908. 726 ORDINANCES. AX ORDIXAXCE to authorize The Mayor and Council of Wilmington to horroiv Tiventy-five Thousand Dollars for the curbing, guttering, grading, widening, paving a)id im- proving of streets and avenues and the huilding of sewers and conduits in the City of Wilmington, Delaware. AVhereas, By an Act of the General Assembly of the State of Delaware entitled "An Act to authorize The Mayor and Council of Wilniin^on to borrow money for the curbing, guttering, grading, widening, paving and impro\dng of streets and avenues and the building of sewers and conduits in the City of Wilmington, Delaware," approved March 4, A. D. 1907, The Mayor and Council of Wilmington was given power and authority to borrow money for the curbing, guttering, grading, widening, paving and improving of the streets, ave- nues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, DelaAvare, in such amounts and at such times as the said The ]\Iayor and Council of Wilmington should deem necessary to be borrowed and as said The Mayor and Council of Wilmington should by ordinance, prescribe and appoint ; and to issue the bonds of said city in payment there- for with interest ; And Whereas, It is further provided by said Act that the Board of Directors of the Street and Sewer Department of The Mayor and Council of Wilmington, shall, before any moneys are so borrowed under the authority of said Act, pre- pare and present to The Council of the said The Mayor and Council of Wilmington a list showing location and estimated cost of improvements as far as practicable which improve- ments in the judgment of said Board of Directors of the Street and Sewer Department should be made ; And Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, have prepared and presented to said The Council a list showing the location, and the estimated cost of improve- ments, which in the judgment of said Board of Directors of the Street and Sewer Department should be made ; ORDINANCES. 727 And Whereas, The said The Council of The Mayor and Council of Wilmington proposes to fix by ordinance the amount to be borrowed, basing- said amount on the estimates submitted by the said Board of Directors of the Street and Sewer Department; And Whereas, In the judgment of The Council, the sum of Twenty-five Tli^usaud Dollars should be borrowed for the purposes recited in said Act ; Therefore, In pursuance and by virtue of the powei' and authority vested in The Council by said Act of the General As- sembly of the State of Delaw^are in that behalf, Be it ordained by The Council of Wilmington (two- thirds of all the members elected to The Council concurring herein) : Section 1. That immediately after the passage of this or- dinance there shall be issued in the name of The IMayor and Council of Wilmington, in accordance with the provisions of the above recited Act of the General Assembly of the State of Bonds to be issupd. for Delaware, bonds to the amount of Twenty-five Thousand Dol- $25,000. lars ; such bonds shall be issued each for the sum of Fifty Dol- lars ($50.00) or multiples thereof and shall fall due and be- come payable on the first day of October, A. D. 1931. Said bonds shall be denominated " Sinking Fund Four Per Cent. Loan, ' ' and shall bear interest at the rate of four per cent centum per annum, payable semi-annually on the first day of April and the first da^' of October in each and every year after the date of the issue thereof, and shall be signed bj^ the Mayor and countersigned by the City Treasurer and City Auditor in the same manner as other city bonds are signed, and a record thereof shall be kept by the City Treasurer and City Auditor, respectively. Sec. 2. The Finance Committee of The Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds provided Rate, 4 per 728 ORDINANCES. Sale of bonds. Proceeds to Street and Sewer De- partment. for by this ordinance, to sell and dispose of any part or all of the said bonds in such amount or amounts as the Finance Com- mittee of The Council shall determine to the highest and best bidder or bidders therefor and to the best advantage of the city. The moneys so borrowed shall be paid into the city treas- ury, and upon receipt of the same by the City Treasurer, he shall deliver the amount of the same to the Board of Directors of the Street and Sewer Department of tl;^ said City of Wil- mington, which said Board shall have supervision, manage- ment, direction and control of the work required to be done with 'the proceeds of the sale of said bonds and the expendi- ture of the money necessary with respect thereto ; provided, however, that the purchasers or holders of the bonds to be is- sued under the jDrovisions of this ordinance shall in no wise be responsible for the application or misapplication of the funds realized from the sale of said bonds. Limitation as to ex- penditure. Warrants. Sec. 3. All moneys borrowed under the provisions of this ordinance shall be placed or deposited by the Board of Direc- tors of the Street and Sewer Department of the said City of Wilmington in such bank or trust company in the City of Wil- mington as shall be the depository of the funds of such Board, and no warrant or order for the payment of money shall be drawn against said funds except such warrant or order is for payment -for work done or materials furnished or implements used upon or about the improvement or improvements pro- vided for in said Act of the General Assembly, or for the curb- ing, guttering, grading, widening, paving and improving of the streets, avenues, lanes or alleys and the building of sewers and conduits in the City of Wilmington,. Delaware. All orders or warrants for the payment of money to be drawn against said funds shall be signed by the President of said Board and countersigned by the City Treasurer and City Auditor. Approved August 27, 1908. ORDINANCES. 729 AX ORDIXAXCE to authorize The Mayor and Council of Wilmington to borrow Two Hundred and Fifty Thousand Dollars for the curbing, guttering, grading, widening, paving and improving of streets and avenues and the building of sewers a)id conduits i)i the Cily of Wilming- ton, Delaware. Whereas, By an Act of the General Assembly of the State of Delaware, entitled "An Act to authorize The Mayor and Council of Wilmington to borrow money for the curbing, guttering, grading, widening, paving and improving of streets and avenues and the building of sewers and conduits in the City of Wilmington, Delaware," approved March -Ith, A. D. 1907, The ]\Iayor and Council of Wilmington was given power and authority to borrow money for the curbing, guttering, grading, widening, paving and improving of the streets, ave- nues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, Delaware, in such amounts and at such times as the said The Mayor and Council of Wilmington should deem necessary to be borrowed and as said The ]\Iayor and Council of Wilmington should by ordinance prescribe and appoint ; and to issue the bonds of said city in payment there- for with interest ; And Whereas, It is further provided by said Act that the Board of Directors of the Street and Sewer Department of The i\Iayor and Council of Wilmington, shall, before any moneys are so borrowed under the authority of said Act, pre- pare and present to The Council of the said The ]Mayor and Council of Wilmington, a list showing location and estimated cost of improvements as far as practicable, which improve- ments in the judgment of said Board of Directors of the Street- and Sewer Department should be made; ^ And Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, has prepared and presented to said The Council a list showing the location and the estimated cost of improvements, which in the judgment of said Board of Directors of the Street and Sewer Department should be made ; 730 ORDINANCES. Bonds to be issued for $250,000. Sinking Fund. Rate, 4 per And Whereas, The said The Council of The Llayor and Council of Wilmington proposes to fix by ordinance the amount to be borrowed for said improvements, basing said amount on the estimates submitted by the said Board of Di- rectors of the Street and Sewer Department ; And Whereas, In the judgment of The Council, the sum of Two Hundred and Fifty Thousand Dollars should be bor- rowed for the purposes above recited and authorized by said Act; Therefore, In pursuance and by virtue of the power and authority vested in The Council by said Act of the General As- sembly of the State of Delaware in that behalf ; Be it ordained, by The Council of Wilmington. Section 1. That immediately after the passage of this ordinance, there shall be issued in the name of The ]\Iayoj and Council of Wilmington, in accordance with the provisions of the above recited Act of the General Assembly of the State of Delaware, bonds to the amount of Two Hundred and Fifty Thousand Dollars ; such bonds shall be issued each for the sum of Fifty Dollars ($50.00) or multiples thereof, and shall fall due and become payable as follows : Sixty Thousand Two Hundred Dollars on October 1. 1931 ; Ninety-four Thousand Seven Hundred and Fifty Dollars on April 1, 1932 ; and Nine- ty-five Thousand and Fifty Dollars on October 1, 1932. Said bonds shall be denominated "Sinking Fund Four Per Cent. Loan," and shall bear interest at the rate of four per centum per annum payable semi-annually on the first day of April and the first day of October in each and every year after the date of the issue thereof ; and shall be signed by the Mayor and countersigned by the City Treasurer and City Au- ditor in the same manner as other city bonds are signed, and a record thereof shall be kept by the City Treasurer and City Auditor, respectively. ORDINANCES. 731 Sec. 2. The' Finance Committee of The Council and the Commissioners of the Sinking Fund are hereby authorized and directed immediately after the issuance of the bonds provided for by this ordinance, to sell and dispose of any part or all of ^0^^°^ the said bonds in such amount or amounts as the Finance Com mittee of The Council shall determine, to the highest and best bidder or bidders therefor, and to the best advantage of the city. The moneys so borrowed shall be paid into the city treas- ury, and upon receipt of the same by the City Treasurer, he shall deliver the amount of the same to the Board of Directors streeTand"^ of the Street and Sewer Department of the said City of Wil-|®^^g^^' mington, which said Board shall have supervision, manage- ment, direction and control of the work required to be done with the proceeds of the sale of said bonds and the expendi- ture of the money necessary with respect thereto ; provided, however, that the purchasers or holders of the bonds to be is- sued under the provisions of this ordinance shall in no wise be responsible for the application or misapplication of the funds realized from the sale of said bonds. Sec. 3. All moneys borrowed under the provisions of this ordinance shall be placed or deposited by the Board of Direc- tors of the Street and Sewer Department of the said City of Wilmington in such bank or trust company in the City of Wil- mington as shall be the depositors^ of the funds of such Board, and no warrant or order for the payment of monej^ shall be drawn against said funds except such warrant or order is for payment for work done or materials furnished or implements of expen-" used upon or about the improvement or improvements pro- ^ "'*^- vided for in said Act of the General Assembl}^, or for the curb- ing, guttering, grading, widening, paving and improving of the streets, avenues, lanes or alleys and the building of sewers and conduits in the City of Wilmington, Delaware. All orders or warrants for the payment of money to be warrants, drawn against said funds, shall be signed by the President of said Board and countersigned by the City Treasurer and City Auditor. Approved April 2, 1909. 732 ORDINANCES. AN ORDINANCE to authorize The Mayor and Council of Wilmington to harrow Twenty-five Thousand Dollars to pay for the extension of the Park System of the City of Wilmington, and, for the improvement of the parks of said City. Whereas, By Section 14 of an Act of the General Assem- bly of the State of Delaware, entitled "An Act to alter and re- establish the Statutes relating to the City of Wilmington, ' ' ap- proved March 25, A. D. 1907, The Council of The Mayor and Council of Wilmington was authorized to borrow in any one fiscal year for such municipal purpose as it should deem proper, a sum not exceeding Fifty Thousand Dollars, by ordi- nance passed by a vote of two-thirds of all the members elected to Council ; And Whereas, The Council has not borrowed during the present fiscal year, any money under the provisions of said sec- tion: Bonds to be issued f or $25,000. And Whereas, The said The Council of The Mayor and Council of Wilmington proposes to borrow the sum of Twenty- five Thousand Dollars to pay for the maintenance, care, exten- sion and improvement of the Park System of said city ; Therefore be it ordained, by The Council of Wilming- ton, (two-thirds of all the members elected to The Council con- curring herein) : Section 1. That as soon as practicable after the passage of this ordinance there shall be issued in the name of The Mayor and Council of Wilmington, bonds to the amount of Twenty-five Thousand Dollars. Such bonds shall be issued each for the sum of Fifty Dollars or multiples thereof, and shall fall due and become payable as follows : Two Thousand Five Hundred and Fifty Dollars thereof on the first day of October, 1932 ; and Twenty-two Thousand Four Hundred and Fifty Dollars thereof on the first day of April, 1933. Sinking Fund. Rate, 4 per cent. Such bonds shall be denominated "Sinking Fund Four Per Cent. Loan," and shall bear interest at the rate of four ORDINANCES. 733 per centnm per aniinni. payable semi-annnallv on the first days of April and October in each and every year after the date of issue. The bonds issued under the provisions of this ordinance shall be signed by the ]\Iayor and countersigned by the City Treasurer and City Auditor in the same manner as other city bonds, and a record thereof shall be made and kept by the City Auditor and City Treasurer, respectively. Sec. 2. The Finance Committee of The Council and the Commissioners of the Sinking Fund are hereby authorized Sale of and directed to sell and dispose of the bonds provided for by this ordinance, in such manner as in their judgment will be to the best advantage of the city ; and the proceeds of such sale shall be deposited to the credit of the Board of Park Commis- sioners of the City of Wilmington, and shall be withdrawn therefrom only on orders or warrants signed in the manner provided by law. None of the money thus secured shall be used for any purpose other than to pay for the maintenance, care, extension and improvement of the Park System of said Public parks. City of Wilmington. Approved April 12, 1909. AN OEDIXAXCE ratifying the sale of One Hundred Tliou- sancl Dollars Water Bonds of the City of Wilmington to he issueel pursuant to the authority of " A)i Ordinance to borrow Eight Hundred Thousand Dollars for the comple- tion and operation of the Water Supply System of the City of Wilmington," passed April 25th, 1907, fixing the form of said bonds, and authorizing the issuance and de- livery thereof. Whereas, Pursuant to the authorit^y of an Act of the General Assembly of the State of Delaware, approved March 29th, A. D. 1907, entitled "An Act to authorize The I\Iayor and Council of Wilmington to borrow Eight Hundred Thou- sand Dollars for the purpose of paying off any floating in- debtedness and current liability in connection with the AVater 734 ORDINANCES. Works Sj^stem of the City of Wilmington, and for defraying the cost of acquiring real estate and water rights ; and for the completion, construction, erection and equipment of new res- ervoirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the com- pletion and operation of the reservoir and filtration plants in connection with the extension of the Water Supply Sj^stem of the City of Wilmington," an ordinance was duly adopted by the Council of the city, April 25th, 1907, entitled "An ordi- nance to borrow Eight Hundred Thousand Dollars for the completion and operation of the Water Supply System of the City of Wilmington," authorizing the issuance of $800,000 Water Bonds to be issued in the classes and amounts set forth in said act, and authorizing the Finance Committee of the Council to sell and dispose of all or any part of said bonds ; And Whereas, Pursuant to the authority of said Act and ordinance, there have been heretofore issued and sold bonds to the amount of $430,000 being Classes "A" to "K" inclusive, and $25,000 of Class "L;" And Whereas, The Board of Water Commissioners by a • resolution adopted January 11th, 1909, requested the Council to sell the remainder of said bonds so authorized and has duly presented to the Council a copy of such resolution ; And Whereas, The Council hy a resolution duly adopted March 18th, 1909, directed the Finance Committee to adver- tise and sell $100,000 of said bonds; And Whereas, Pursuant to said ordinance of April 25th, 1907, and to said resolution of March 18th, 1909, the Finance Committee offered for sale $100,000 of said bonds, $25,000 thereof being Class "L" and maturing May 1st, 1921; $60,000 Class "M" and maturing May 1st, 1922; and $15,000 Class "N"" maturing May 1st, 1923, on the 28th day of April, 1909, and caused a notice of such sale to be advertised in the public press at least once each Aveek for at least two weete prior to said 28th day of April, 1909, and at said sale awarded said bonds to The Equitable Guarantee and Trust Company of ORDINANCES. 735 Wilmington, Delaware, the highest and best bidder therefor at their bid of 101.110 Dollars and accrued interest. Now, Therefore, be it ordained, by the Council of the City of Wilmington (two-thirds of all members elected to the Council concurring therein) : Section 1. That the sale and award of said bonds to said Saie of bonds ratified and The Equitable and Trust Company at their bid of 101,110 Dol- approved, lars for One Hundred Thousand Dollars par value thereof and accrued interest, be and the same is hereby ratified and approved. Sec. 2. That said bonds be signed by the Mayor, Treas- Execution. urer and Auditor of the city and bear the corporate seal of the city and that the coupons attached to said bonds be signed with the f ac simile signature of the City Treasurer ; said bonds ^^^^ 4 pgj. to be dated May 1st, 1907, to bear interest at the rate of four '^®"*- (4:%) per centum per annum, payable semi-annually on the first days of May and November, and be payable $25,000 thereof, being part of Class "L," on May 1st, 1921; $60,000, being Class "M," on May 1st, 1922; and $15,000, being part of Class "N," on May 1st, 1923; said bonds shall be substan- tially in the same form as the bonds heretofore issued pursu- ant to said ordinance passed April 25th, 1907, as follows : UNITED STATES OF AMERICA, No. Class STATE OF DELAWARE, $1,000 $1,000 CITY OF wil:\iington. WILMINGTON WATER WORKS BOND. The Mavor and Council of Wilmington, Delaware, for Form of , . bond. value received hereby acknowledges its indebtedness and promises to pay to the bearer of this bond, or if this bond be registered, to the registered holder thereof, his legal represen- tatives, successors or assigns, at Union National Bank, Wil- 736 ORDINANCES- mingtou, Delaware, on the first day of May, A. D. 19 , the siini of ONE THOUSAND DOLLARS with interest thereon at the rate of four per centum per an- num payable semi-annuall}' on the first days of May and No- vember in each year upon the surrender of the annexed cou- pons as they become due, or if this bond be registered, to the registered holder thereof. Both principal and interest are payable in gold coin of the United States of America equal in Meight and fineness to the present standard. This bond is one of the authorized issue of eight hundred (800) bonds, numbered from 201 to 1,000, inclusive, aggregat- ing Eight Hundred Thousand Dollars ($800,000), issued by virtue of and in compliance with an Act of the General As- sembly of the State of Delaware, approved March 29th, 1907, entitled "An Act to authorize The ]Mayor and Council of Wil- mington to borrow Eight Hundred Thousand Dollars for the purpose of paying off any floating indebtedness and current liability in connection with the Water Works System of the City of Wilmington, and for defraying the cost of acquiring real estate and water rights ; and for the completion, construc- tion, erection and equipment of new reservoirs, filter plants, pumping stations, pumping engines, pipes, mains and other appurtenances necessary for the completion and operation of the reservoir and filtration plants in connection with the ex- tension of the Water Supply System of the City of Wilming- ton," and in pursuance of an ordinance of The Council of Wilmington, passed April 25th, 1907, entitled "An ordinance to borrow Eight Hundred Thousand Dollars for the comple- tion and operation of the Water Supply System of the City of Wilmington." Upon presentation to the City Treasurer this bond mav be registered in books to be kept for that purpose in the office of said Treasurer and the coupons hereto annexed detached and cancelled, and thereafter this bond shall be transferable only upon said books by the registered holder in person or by ORDINANCES. 731 attorney lawfully authorized, and the principal and interest of this bond shall be payable to the registered holder. It is hereby certified that this bond is one of the issue au- thorized by the above recited Act of Assembly ; that all condi- tions, acts and things essential to the validity of this bond exist, have happened and have been done ; that every require- ment of law affecting the issue thereof has been duly complied with ; that the indebtedness of said The Mayor and Council of Wilmington, including this issue of bonds is within every debt and other limit prescribed by the Constitution and Laws of the State of Delaware; and that the faith and credit of The Mayor and Council of Wilmington are pledged for the punc- tual payment of the principal and interest of this bond ac- cording to its terms. IN WITNESS WHEREOF, the signatures of the Mayor, City Treasurer and City Auditor of the City of Wilmington are hereto subscribed and the corporate seal of the said city is hereto affixed this first day of May, A. D. 1907. Mayor. Treasurer. Auditor. (Form of Coupon.) Form of coupon. On the first day of , A. D. 19 , The Mayor and Council of Wilmington will pay to the bearer $20 at Union National Bank, Wilmington, Delaware, TWENTY DOLLARS in gold coin of the United States of America, equal in weight 738 ORDINANCES. and fineness to the present standard, being six months' inter- est then due on Wihuington Water Works Bond No. dated the first day of May, A. D. 1907. Class Registration. City Treasurer. . Conpon No. (Form of Endorsement to be Placed on Back.) CERTIFICATE OF REGISTRATION. At the reqmest of the holder of the within bond for its conversion into a registered bond it is hereby certified that I have this day cut off and destroyed coupons at- tached to said bond, numbered from to of the amount and value of Twenty ($20) Dollars each, amounting in the aggregate to Dollars ($ ), and that the within bond is hereby converted into a registered bond with the principal thereof and semi-annual interest thereon payable to or assignee or legal representative. Dated 19. . • • • / City Treasurer. Execution of bonds. Date of Registry hi Whose Name Registered City Treasurer Sec. 3. That the Mayor, City Auditor and Treasurer be and they hereby are authorized and directed to execute said bonds and deliver the same to said purchaser upon payment of the purchase price therefor as aforesaid. Approved May 7, 1909. ORDINANCES. 739 AN OBDINANCE to provide for the borrowing of Ninety Thousand Dollars ($90,000.00) for the purpose of defray- ing the expense of the construction of 'a sewer to he known as the Price's Run Sewer, situate in the Ninth Wai^d of the City of Wilmington. Whereas, By an Act of the General Assembly of the Preamble. State of Delaware, entitled ' ' An Act to Protect the Health of the Citizens of Wilmington," approved the twenty-sixth day of March, A. D. 1903, the Mayor and Council of Wilmington was authorized and empowered to borrow by ordinance of the Council of Wilmington, the sum of Ninety Thousand Dollars ($90,000.00) to be appropriated, applied and expended, through the agency and in the discretion of the Board of Di- rectors of the Street and Sewer Department of the City of Wilmington, to purchase laud for, and to lay and construct a trunk line sewer to be known as the Price's Kun Sewer, situate in the Ninth Ward of the said City of Wilmington ; And Whereas, It was further provided by said Act that any and all sums of money borrowed under the authority of said Act should be borrowed by the ]\Iayor and Council of Wilmington at such times and in such amounts as the said Board of Directors of the Street and Sewer Department may decide and direct ; • And Whereas, The said Board of Directors of the Street and Sewer Department in conformity with the provisions of said Act, have filed a written request or direction, wherein said Board directs the IMayor and Council of Wilmington to provide for the immediate borrowing of Ninety Thousand Dol- lars ($90,000.00), for the purposes aforesaid, and to authorize the issuance of bonds of the said Mayor and Council of Wil- mington for the payment of the sum of money so to be bor- rowed, which said request or direction has been presented to the Council and filed among the records thereof ; Therefore, in pursuance and by virtue of the power and authority of the Act of the General Assembly in that behalf. 740 ORDINANCES. Be it ordained, by the Council of Wilmington. Bonds to be issued for $90,000. Maturity. Sinking Fund. Rate, 4 per cent. Section 1.. That immediately after the passage of this ordinance there shall be issued in the name of the Mayor and Council of Wilmington, bonds to the amount of Ninety Thou- sand Dollars ($90,000.00) ; said bonds shall be issued each for the sum of Fifty Dollars ($50.00) or multiples thereof, one or more of said bonds or certificates of indebtedness for the sum of Fifty-five Thousand Dollars ($55,000.00) shall fall due and be payable on the first day of October, A. D. one thousand nine hundred and twenty-seven, and one or more of said bonds or certificates of indebtedness for the sum of Thirty-five Thou- sand Dollars ($35,000.00) shall fall due and be payable on the first day of April, A. D. one thousand nine hundred and twenty-eight. Such bonds shall be denominated "Sinking Fund Four Per Cent. Loan," and shall bear interest at the rate of four per centum per annum, payable semi-annually on the first day of April and the first day of October in each year and every year after the date of the issue thereof, and shall be signed by the Mayor and countersigned by the City Treas- urer and City Auditor in the same manner as other city bonds, and the record thereof kept by the City Treasurer and City Auditor, respectively. Sale of bonds. Proceeds to Street and Sewer De- partment. Limitation on expen- ditures. Sec. 2. The Finance Committee of Council and the Com- missioners of the Sinking Fund are hereby authorized and di- rected immediately after the issuance of said bonds, provided for by this ordinance, to sell and dispose of the same to the highest and best bidder, therefor, and to the best advantage of the city, and the proceeds of such sale, but not the premium arising therefrom, shall be received by the said Board of Di- rectors of the Street and Sewer Department, and shall be placed upon special deposit to the credit of the said Board of Directors, in such bank or trust company in the City of Wil- mington, as shall be determined upon by said Board. All or- ders or warrants for the pa3'ment of money to be drawn against said fund, shall be signed by the President of said Board and countersigned by the City Treasurer and City Au- ditor, and no warrant or order for the payment of money shall ORDINANCES. 741 be drawn against such funds, except such order or warrant is for payment for land, water-rights, material or labor, as pro- vided in said Act. Approved May 14, 1903. 742 ORDINANCES. CHAPTER VII ORDINANCES RELATING TO NUISANCES. Footways clear for persons walking. Page Offences Against Public Economy and Nuisances.. 742 Supplement to Foregoing Ordinance 758 Defining Certain Nuisances 759 Signs Over Sidewalks 760 Page 5. Loitering on Sidewalks.... 761 6. Spitting on Sidewalks 764 7. Concerning Swine 764 8. Private Alley-ways 766 9. Smoking Opium 767 AN ORDINANCE concerning offences against the public economy and certain nuisances. Section 1. The paved and other footways of the streets, lanes and alleys of this city shall be kept clear for the safe and convenient passage of persons walking. {«■) (a) The above section expressly makes it the duty of the city to keep the footways, &c., "clear for the safe and convenient passage of persons walking. ' ' The city 's duty would be the same regardless of the above provision. Lore, C. J.: "It has been well said by our courts, that the traveler is not bound to hunt for obstructions or pitfalls in the public streets. It is the duty of the city to keep such streets in a reason- ably good condition and repair at all times. The traveler has a right to presume, that this duty has been performed, and that the streets are so fit for use. ' ' Anderson vs. Mayor and Council of Wil., 2 Penn. 28 at 30. (yr. 1899) And it is not necessary, to make the city liable, that the footways should be paved. Cullen, J.: "If. the city allow and throw open to use a footway used by the public, it is not necessary that it should be paved, but the city is as much bound to keep such a passageway safe in the outskirts of the city, and fronting on lots not built upon, as in the crowded thoroughfares. It is true that greater care would be required in most frequented streets," &c. Seward vs. Wibnington, 2 Marv. 189 at 202. (yr. 1896) (See Sec. 121, "b" of the Charter, where a list of cases is given.) j^j^.j^ If any person shall willfully ride, drive, lead or place a ^[acing beast ^^^^®' ^^^'' beast of burden, or any cattle, or a wagon, cart, or wagon on gjg qj. other Carriage on the paved or other footway of any street, lane or alley of this city, except in passing directly to ORDINANCES. 743 or from a stable, carriage house, yard or other proper place for a lawful purpose, with as little delay as reasonably prac- ticable, every such person so offending shall forfeit and pay Penalty. a fine of ten dollars. If any person shall saw, cut, split or break wood or coal cutting or on any such paved or other footway, or if anv person shall wood, coai • ^ '^ ' ^ ^ or other ob- without lawful permission put wood, coal, goods, lumber, dirt struction on ■^ ^ p ' . footways. or other thing on any such paved or other footway, except m carrying or moving the same to or from a cellar, store, house or other proper place directly and with as little delay and in- convenience as reasonably practicable; or if any person shall otherwise obstruct any such paved or other footway, every person offending in either of the wavs last aforesaid shall for ^ , , . ^ '^ • • ' Repealed by everv such offence forfeit and pav a fine of one dollar. Board of pi- ^ ' rectors of ik ^ -i ^ ik ik ^ n: ik ik the Street and Sewer Department, Any shopkeeper or other person shall be at liberty, for ^^J ^^' the purpose of exhibiting to view f«) goods or things for sale. Exhibition „ ~ f .• . . .of goods. to occupy a space of any paved or other footway adjoining his Limit, or her shop or premises, and not extending more than four feet from the wall of such shop or premises, except in streets, lanes and alleys where this liberty would not leave five feet of the footway clear, and in such streets, lanes and alleys there shall be no liberty to occupy more of the footway than will leave five feet thereof clear. («) See Sec. 7, p. 823, and Sec. 12, p. 826 of the Charter, Laws and Ordinances. Goods may be exposed to sale by way of public vendue on Public ven- the footways, using no more thereof than requisite for the oc- ways. casion. Sec. 2. It shall not be lawful for any person or persons No booths, ' ^ -^ stands, to erect or have any booth, stand, stall or place in or upon anv stalls, etc., on side- of the footways, streets, lanes, alleys or market houses of this walks, city for the purpose of exposing or offering for sale any goods, wares or merchandise Avhatsoever. («) (a) See Sec. 7, p. 823 of the Charter, Laws and Ordinances. 744 ORDINANCES. E^^''^ °J, It shall be the duty of the Clerk of the Markets to take Market to ... report viola- notice of all violations of this section, and report the same tions. ' ^ without delay to the Mayor {^) of the said city. (a) When the above ordinance was passed it was made the duty of the Mayor (as it is today), "to take care to have the laws and ordinances of said city faithfully executed." (Sec. 7 of the Charter.) The Mayor also ' ' held Court, ' ' and violators of the market laws were thus quickly reached and punished. The Street and Sewer Department, now, has jurisdiction over the markets. (Sees. 1 and 4 of Street and Sewer Act, pp. 224 and 228 of Charter, Laws and Ordinances), and The Council receives the revenues from the markets. Street and Sewer Department vs. Connell, 2 Penn. 571. (yr. 1900) Fine. Every person offending against the provisions of this sec- tion shall forfeit and pay a fine of five dollars. Wagons, etc., stand- in the streets. Penalty. Market wagons ex- cepted. Ends of streets ex- cepted. Sec. 3. If any person shall place or leave in any street or public lane or alley of this city a wagon, cart, gig, sleigh or other carriage without a horse or beast, used for drawing the same, attached thereto, or shall without lawful permission ob- struct (^) any open and public street, lane or alley of this city, every person sO offending shall forfeit and paj^ a fine of two dollars. (a) A street railway car may be permitted to stand on one of the "turnouts" waiting for another car to pass it, without "obstructing" the street. Eobinson, C. J.: " * * we do not think the ordinance cited * * deprives them of that right." Ford vs. Warner Co., 1 Marv. 88 at 92. (yr. 1893) In the case below cited, the above section is set out verbatim, and the Court held, that under said section, one sledding on any of the streets of the city could be arrested for ' * obstructing ' ' the streets. Wolcott, Cli.: "It cannot be pretended that those persons engaged in the sport of coasting at the time mentioned * * could not have been arrested, tried, convicted and punished for a viola- tion of said ordinance, ' ' &c. Mayor and Council of Wil. vs. Vandegrift, 1 Marv. 5 at 19. (vr. 1893) This provision shall not affect the privileges granted by ordinance to persons attending market for the sale of produce or other articles. Nor shall this provision or any part of this or any other ordinance relating to the obstruction of public streets be construed to apply to those who, under lease froift ORDINANCES. 7-4.") this corporation, are occupying and using the ends of public streets upon the Christiana or Brandywine creeks. RlloUitio'n of street ********** and Sewer Department, If any person driving a horse, horses, beast or beasts of Driving to burden, in a coach, wagon, gig, or other carriage of pleasure g^g]^ ^^^'^ or burden, in any street, lane or alley of this city,' shall not keep on the right («) hand side of the street, lane or alley, in the passing direction, and shall in consequence occasion incon- venience {^y to any person; or, if any person shall drive or ride any horse, horses, or beast, or beasts of burden in any Driving at street, lane or alley of this city in an immoderate gait; (c) or, g™^"*^®"^^*® if any person shall willfully suffer a horse, [or horse kind, ass, mule, goat, sheep, [goose, swine.] kine or neat beast] belong- "^^^^ ^^' ^^^'' ing to or in care of such person to go at large in any street, meift"^ordi- lane or alley, open lot, square or public place within the [cor- s^igg®.^^^*' porate limits of the City of Wilmington,] every person so of- A'^i'"^'^ P"^*^' fending shall forfeit and pay a fine of two dollars. going at *= ^ * large, (a) Comegys, C. J.: " The law of this State is, and has been, for a long time, that when two jjersons driving upon the public road, are approaching each other, each shall keep to the right, then there will never be a collision between them. ' ' • Shockley vs. Shepherd, 9 Houst. 270 at 271. (yr. 1891) Wilson vs. Eockland Manufacturing Co., 2 Har. 67 at 70. (yr. 1836) The Court : " * * and if a person is found on the left, or wrong side when an accident occurs, he is liable for the conse- quences unless its cavise be wholly attributable to the other party, and he does all that prudence can do to avoid damage. ' ' Eeynolds vs. Naudain, 2 Har. 317 at 318. (yr. 1837) The law where a person attempts to "pass" another on the road, is as follows : Lore, C. J.: " The law upon this question has been very clearly laid down in the case of McLain vs. Sharp, 2 Har. 483: "Where one undertakes to pass another, he who passes undertakes to go by at his own peril, if the other carriage leaves him road enough; and even when a horse in a gig has balked or stopped on the highway, the driver of a carriage behind, wishing to pass, is bound to stop if there be not road enough left for both carriages. For although every man has a right to pass on the public road, yet he must take reasonable care to exercise that right so as not to injure another." State vs. Lewis, 4 Penn. 332 at 335. (yr. 1903) (&) While it is one's duty to "keep to the right," yet the penalty under the ordinance, for failing to observe the rule, only aj^plies in case one should "occasion inconvenience to any person," thereby. The law in general, as to carriages and vessels, is as follows: Booth, C. J.: " The law of the road is, that where two carriages meet on the public road, to avoid collision, each shall keep to the right. So, in reference to steamboats meeting each other head 746 ORDINANCES. « on, and there is not room to pass without changing course, each should go to the right. But in either case, if there be room to pass, a carriage or boat, though on the wrong side of the road or river, is not hound to go entirely out of her track to get around another carriage or vessel which is so far out of her direct route, that, by keeping right on, would cause no collision to either, merely in order to pass to the right." Steamboat Co. vs. Whilliden, 4 Har. 228 at 231-2. (yr. 1845) (c) This provision applies to driving or riding at "an immoderate gait. ' ' The law, in general, is briefly expressed as follows : The Court: "And in travelling every man is bound to restrain his speed within such bounds as will not endanger others, considering the place and circumstances." Reynolds vs. Naudain, 2 Har. 317 at 318. (yr. 1837) See Eobinson vs. Simpson, 8 Houst. 398 at 407. (yr. 1889) (A case of fast driving under the ordinance.) As to racing, see paragraph 9, "a" of this section. Drivers must All persoiis driviiif? carts, wagons, dravs and other car- holcl the . ^ „ . reins or be riao'es, shall, iinless thev have hold of the reins or lines, be near their ^X ■ i -i ■ -, horses, etc. sumciently near to their horses, mules, or teams to control the same and prevent accident, under a penalty of two dollars for each and every offence. («) (g) In the case below cited, the following was said by the Court: Comegys, C. J. : In this case ' ' the driver had left his horse un- hitched, and unrestrained by the weight and at- tachment to be fastened to the bridle which he carried in his wagon, * * It cannot then be said that the driver was sufficiently near the horse to control him. (564) * * It apj^ears by an ordinance of the city * * that all drivers of vehicles * * shall, unless they have hold of the reins or lines, be sufficiently near to their horses, &c., to con- trol them and prevent accident, under a penalty provided by it. This was to make the driver liable; but being a public ordinance, and, in con- templation of law, known to the citizens," &e., (563-4) it also makes the master liable for the servant 's negligence. * * "1 say to you that disobedience of a city ordinance is unquestionably, to say the least of it, inexcusable, if not wilful negligence; and also, that without such ordi- nance, allowing a horse to be unattended in the street of a city by any one able at the time to prevent his movements, if he attempted to make any, is also such negligence, — ' ' Jones vs. Belt, 8 Houst. 562 at 564. (yr. 1884) Lore, C. J.: " We have been asked to say to you that the leaving of horses unhitched and unattended in the streets of the city was in itself negligence. We do say to you that the leaving of a horse unhitched * * on the streets of the city unattended by, and out of the control and reach of the driver, is negligence. This princijile has been decided in the case of Eobinson vs. Simpson" (8 Houst. 398) "by the late Chief Justice Comegvs. ' ' Higgins vs. Wil. City Ey! Co., 1 Marv. 352 at 359. (yr. 1895) Ordinance, [No driver of any vehicle upon any of the tramways used istV. ' or belonging to any passenger railway company in this city, or at anv crossing of the streets thereto, shall drive so close to ORDINANCES. . 747 any vehicle in front that there shall be less than twenty feet Space be- •^ " tween ve- between the rear of said vehicle in front, and the head of the hicies. horse, mule or team of the vehicle in the rear, under a like penalty of two dollars for each and every offence. This pro- vision shall not apply to funeral or other processions.] Every horse [or horse kind, cow, ass, mule, goat, sheep, [goose, swine,] kine or neat beast] going at large in this city Horses, etc.', shall be deemed a common nuisance, and it shall be the duty nuisance. of the [Dog Catcher] to take up and impound in some safe Amend- and suitable place, every horse [or horse kind, cow, ass, mule, nance April goat, sheep, [goose, swine,] kine or neat beast] found so going j^pQ^^'^i^g at large; also every person residing within this city may take °^ ^"'™^^^' up and deliver anj' horse [or horse kind, cow, ass, mule, goat, sheep, [goose, swine,] kine or netit beast] found so going at large, to the [Dog Catcher,] avIio shall impound the same as aforesaid; the [Dog Catcher] so impounding any horse [or horse kind, cow, ass, mule, goat, sheep, [goose, swine,] kine or neat beast] shall give notice thereof to the person owning or ^ner. *° having care of such horse [or horse kind, cow, ass, mule, goat, sheep, [goose, swine.] kine or neat beast] or deliver Avritten ^Q^-^g^" notice thereof at the usual place of abode of such person, if such person be known and can be found within this city, or have a known place of abode within the same, otherwise proc- lamation of such impounding shall be made by the bellman or beiiman.^ other person appointed b}' the said [Dog Catcher.] Such no- tice or proclamation shall be given, delivered, or made, if the impounding be before sunset, within one hour after the im- pounding, but if after sunset, within one hour after sunset, then before nine o 'clock of the next morning, unless the same be Sabbath, and then of Monday morning. The fee for im- ?^pou°tiing pounding a horse [or horse kind, cow, ass, mule, goat, sheep, [goose, swine,] kine or neat beast] shall be [one dollar], and ^^g"^® ^^^ there shall be an additional charge of fifty cents if the same be kept more than four hours. [Every such animal so im- pounded shall be delivered to the owner or person entitled to ^n/mais^on the sflme, upon application and payment of the lawful fee and f|^/^^^f ^ °^ expenses of impounding and keeping the same. If such appli- expenses, cation be not made within forty-eight hours after the im- 748 ORDINANCES. Appraise- ment. Publication of appraise- ment. Sale of animal. Proceeds, how applied. pounding, the person taking it up shall have it appraised by two persons appointed by the Mayor, a copy of which ap- praisement, containing a description of the stray shall be set up in front of the City Hall, and if the appraised value exceed twenty-five dollare, shall be published three times in a news- paper published within the city, whereupon if the person en- titled to the same shall not have appeared. and paid the lawful charge and expenses for the sale thereof, and it shall be sold by the [Dog Catcher] at public vendue, on such notice as is required for selling goods on execution, and the proceeds ap- plied to pay costs, charges and expenses, and damages if any, and the balance be paid to the City Treasurer for the use of the city.] Dog catcher to recover fine. Jan. 31, 1867. Voluntary payment of fine and costs. Exceptions. Racing. Fine. It shall be the duty of the [Dog Catcher] impounding to institute proceedings for the recovery of the fine [and costs] incurred in the case, unless the person liable thereto shall vol- untarily go with him to the Treasurer of the city, and pay to him said fine [and costs] ; payment to said Treasurer with the assent of such [Dog Catcher] shall be a discharge from the fine [and costs]. A horse [or horse kind, cow, ass, mule, goat, sheep, [goose, swine,] kine or neat beast] going at large by accident, with a person in pursuit, to take up the same shall not be within this ordinance. If any person shall drive or ride a horse [horse kind, ass, mule, goat, sheep, kine or neat beast] , horses, beast or beasts of burden, in running or racing (<^) with another horse [horse kind, ass, mule, goat, sheep, kine or neat beast] , horses, beast or beasts of burden, in any street, lane or alley, open lot, square, or public place of this city, every person so offending shall forfeit and pay a fine of twenty dollars. (a) Comegys, C. J.: "Driving fast, or racing upon a street of the city, is an act of negligence by reason of an ordinance which has been read in proof before you, as indeed, it would be without any such ordinance. The streets of a city are not to be used by drivers to endanger the safety of persons or property, ' ' &c. Eobinson vs. Simpson, 8 Houst. 398 at 406-7. (yr. 1889) (The above was a ease of sleigh-racing.) Lore, C. J.: "If Courtney was racing with the driver of the Friend- shij) engine, or was driving at an immoderate gait at ORDINANCES. 749 the time of the accident, he was thereby violating ordinances of the city, and was guilty of negligence per se; and if his death resulted from such racing or immoderate gait, the plaintiff cannot recover. ' ' Carswell Admr. vs. Wilmington, 2 Marv. 360 at 365. (yr. 1897) (The above was the case of two fire-engines racing.) Lore, C. J.: "If the jury believe from all the eviclence in the ease that the defendant was driving his horse in a run and racing with a bicycle at a dangerous and unnecessary speed upon one of the streets of the City of Wilmington, that would constitute negligence," and if injury result by reason of such negligence, the defendant is liable. Ford vs. Whiteman, 2 Penn. 355 at 357. (yr. 1899) If any person shall lead or manage, for the purpose of showing showing, a stallion in any street, lane, or alley, open lot, staiiion. square or public place of this city, every person so offending shall forfeit and pay a fine of five dollars. Sec. 4. The owners and possessors of tan yards, brick Fencing yards, or lots used for quarrying stone («) or digging sand, ho'ies!*quar^ gravel or earth, within this city, shall keep the same inclosed yar(js^"tc. with sufficient fence, of which any two members of the City Council shall be the viewers and judges; and if any person owning or possessing such tan yard, brick yard or lot, being required by two members of the City Council to inclose the same or to repair the fences thereof, by a written requirement under their hands, shall not observe and fulfill such require- ment within the time therein limited, every person so offend- ing shall forfeit or pay a fine of five dollars, and a fine of five dollars for every five days during which the yard shall remain ^^^' without sufficient inclosure after the expiration of the time limited in such requirement. (a) In a suit for damages for not enclosing or guarding a lot used for quarrying stone, the declaration alleged the excavation was made by the city. The proof was, it was done by a private individual, and a non- suit was granted. In such cases there should be a count for misfeasance and also for non-feasance. Flanagan's Admr. vs. Wilmington, 4 Houst. 548-556. (yr. 1873) Sec. 5. If auv person shall keei) a tippling house or a -,. nil •%• IT- P,- • Tippling or disorderly house withm the limits oi this city, every person so disorderly llOUSGS. offending shall be guilty of a common nuisance, and for every such offence shall forfeit and pay a fine of twenty dollars [or Penalty. be committed to the custody of the High Constable for any Jan. 19, 1865. 750 ORDINANCES. term not exceeding sixty days, or both, or the defendant shall be committed to the ciistodj^ of the High Constable until the judgment against him be satisfied, not exceeding sixty days.] Tippling house de- fined. Di.sordeiiy houses de- fined. Amendment, Ordinance of March 10, 1892. Disorderly house fur- ther defined. It is declared that ever^^ house and place in which there shall be sold intoxicating liquor contrary to law, by anj^ meas- ure less than a cjuart, to be drunk on or near the premises, where the same is sold, is a tippling house, and that every tav- ern, inn, victualing house, or house or place of public enter- tainment in which persons shall be suffered to remain tippling or making a noise after ten o'clock in the evening, or in which persons shall be allowed to drink to drunkenness, or to behave in a disorderly manner or in which, or in any outhouse or place in any manner connected with which, or in the posses- sion or under the control of the keeper of which gaming at nine pins or bowls, or with cards, dice, or otherwise for money, liquor or any value, shall be suffered, is a disorderly house («) within the preceding provision. (a) Booth, C. J.: "If a man keeping a store and selling liquor, whether lawfully or unlawfully, permit persons to collect there in crowds, who under the influence of liquor there ob- tained, are noisy and riotous, and by their cursing and swearing, or other misbehavior, disturb the neighborhood generally, and to the general an- noyance of the people there residing or being, he is guilty of keeping a disorderly house, * * and the footway or pavement before a man 's store may, by his permission and encouragement, be so used in connection with his house, as to become, for this purpose, a part of his house," &e. State vs. Buckley, 5 Har. 508. (yr. 1854) See to the same effect State vs. Burchinal, 4 Har. 572. (yr. 1847) [And it is further declared that every hoiLse, building or structure in which persons shall be allowed to behave in a dis- orderly manner, or to annoy or disturb those residing in the neighborhood of said house, building or structure, is a* disor- derly house («) within the preceding provision of this sec- tion.] (a) An officer may enter a disorderly house to make an arrest. The Court : ' ' The entry of such houses by the officers to suppress disorder, and the arrest of disorderly persons therein, is commendable ; and for the public good such officers ought to have every reasonable countenance and protection by the Court and jury. ' ' State vs. LafPerty, 5 Har. 491. (yr. 1854) (The above evidently means icithoiit a tcarrant. See pp. 213-214 of this volume.) ORDINANCES. 751 Sec. 6. If any person shall throw or fire any cracker, fnd ^°nfires. squib, or other fire work, within the limits of this city, or shall make a bonfire, or any fire in the open air, except in the course of some trade or business, [a fire may be built in any proper Resolution, iron box or pan, the l^ottom of which shall be elevated at least f^^^lJ ^'g*^ six inches above the ground] in any street, lane or alley of this ^^'^^^^^il^g city, or in any lot or place in this city, within fifty yards of any street, lane, or alley, or so as to endanger any property, every person so offending shall forfeit and pay a fine of ten Penalty, dollars. And if any person shall discharge a swivel, gun, pistol, or Discharging any fire arms within the limits of this city, * * * ^^^.^ ^^ • every person so offending shall, for every such offence, forfeit ■^^^*" and pay a fine of one dollar. Penalty. Sec. 7. No person shall exhibit or be concerned in ex- r-i9ense re- ^ .... quired for hibiting, or cause to be exhibited at any place within the limits circus and *" , . . . other shows. of this city, tumbling or other feats in riding, or managing a horse, or any circus, show, or sports, or rope dancing, puppet shows, or mountebanks, or juggling tricks or practices, for the purpose of gain, or for admission to be present at, or to see which any money or value shall directly or indirectly be de- manded or received, every person so offending shall be guilty of a common nuisance, and for every such offence shall forfeit and pay a fine of not less than fifty dollars ; provided,- however, Penalty. that this provision shall not apply to such person or persons as shall have first obtained a license therefor. * # * Sec. 8. («). It shall not be lawful for any minors to col- Minors un- lect and assemble in the public streets, lanes or alleys, or in sembUng. any yard or lot, or on any wharf, or in any of the market houses in this city, without the written permission of their parents, masters or guardians, at any time after the setting of the sun, or at any time during the first day of the week, or Sabbath day ; and in case of any such assemblage or collection, the Mayor shall have power and it shall be his duty, upon disperse, knowledge of such assemblage or collection, to disperse the same ; and in case any one or more of the persons so assembled Refusal to or collected, shall refuse to disperse peaceablv, when so com- disperse 752 OKDINANCES. manded, the said j\Iayor shall have power, and it shall be his duty to call to his aid one or more of the Constables of the city to assist in dispersing the same; and whenever in his opinion it may become necessary for the public peace, or to disperse the said assemblage, to commit to the cell of the City Hall any one or more of said minors, whether they may have such writ- ten permission as aforesaid or not, for any period not exceed- ing twenty-four hours. (a) This section should be rejiealed. Storing of ggc. 9. It shall uot be lawful for anv person within the hay. straw ... . . '. and corn city limits, where frame buildings are forbidden to be erected, fodder. J j & > to stack, or [store] any hay, straw, or corn-fodder, unless it be in some covered or secure barn, shed or hay-house, remote from and not adjoining any private dwelling or public build- ing; and if any person so offending shall be notified by the Street Commissioner to remove the same, and do not within twenty-four hours after such notice remove the said hay, straw, or corn-fodder, the said Commissioner shall proceed to Removal of remove the same at the expense of the offending party, and he shall lodge a complaint before the [Municipal Court,] who shall fine the offender a sum not less than ten dollars, and not Penalty. exceeding fiftv dollars. Feb. 24, 1876. Feb. 24, 1876. [Whenever the Street Commissioner shall remove any „, . ^ hay, straw or corn-fodder as aforesaid, he shall place or store storing ot •' ' \ ' - ^. _ hay removed, the Same in some building of the city or other building of the city or other proper building or place either within or outside of the limits of the city, to be by him provided for that pur- ^, ,. ^ pose; and he shall give notice thereof in writing to the owner Notice of ^ ' ° ° removal. of sucli hay, straw or corn-fodder, or other person so offend- ing. If such o-wner, or person so offending, cannot be found, or be absent from the city, so that personal service of such no- tice cannot be made thereon, the notice as aforesaid may be ment.^*^^^' made by one advertisement thereof in a daily newspaper pub- lished in the city. After two days from the removal and stor- age of any hay, straw or corn-fodder by the Street Commis- sioner as aforesaid, and notice given by him as required, he ^^^®" shall sell the same at public vendue, having first given one ORDINANCES. 753 day's advertisement thereof in one daily newspaper of the city, which advertisement may be made within said period of two days. The proceeds of such sale or sales shall be applied to faie*?^Ho^w to the payment of all the necessary costs and expenses attending ^^ applied. the proceedings under this section, and of any fine that may be imposed by the [Municipal Court] as aforesaid; any bal- ance that may remain shall be refunded to the owner or other proper person, unless he cannot be found, in which case said balance shall be paid into the city treasury for the use of the city ; provided, that such owner or other person so offending, at any time before sale as aforesaid, shall have the privilege of redeeming and taking away any such hay, stra^v or corn-f od- Redemption der upon first paying to the city any tine that may be imposed ^'^ o"^^^^- upon him by the [Municipal Court,] and all costs and ex- penses incurred by the proceedings under this section.] Oct. 28, 1875. Sec. 10. If anv' person or persons shall hereafter plav, or PJaying ■' ^ ^ ^ " ' shmney or be concerned in plaviug, at the game called shinnev, [or shall ^aii. or f ^ oj o - ? L ^ throwing be concerned or engaged in throwing, catching, or plaving stones, etc., o o o? o7 ^ _ " _ ° on street ball, or throwing stones, or other hurtful or dangerous missiles prohibited, out of a sling, or otherwise,] in or on any of the streets, lanes or alleys of this city, he or they so offending shall forfeit for every such offence a finB of one dollar. Sec. 11. No pereon shall bathe [within the limits of the Bathing. citj' in the Brandj^vine creek, or either of the races therefrom, june 15, isie. or in the Christiana creek,] between the hours of half -past five in the morning, and nine in the evening; provided, that nothing herein contained shall prevent any person who is ^°'^'^°- properly clothed from bathing within the limits and hours aforesaid.^ Any person violating the above mentioned provisions penalty shall forfeit and pay a fine of not less than two and not more than five dollars, and in case the said fine shall not be paid by the person so offending, upon conviction of the offence, he 1. All bathing in waters within the limits of the parks is prohibited by the Board of Park Commissioners. 754 ORDINANCES. shall be imprisoned for not less than six nor more than twenty-four hours. Who respon- sible for violations. Penalty. Sec. 12. It shall be unlawful for any locomotive, railroad ear or other vehicle to be propelled or drawn upon such part of any railroad as shall be within the limits of the City of Wil- mington [at a faster rate than six miles p^r hour.] («) (a) This provision relates only to railroad cars. ' ' The city ordinance limiting the rate of speed of locomotives, rail- road cars and other vehicles within the limits of the City of Wilmington, relates to railroad cars, but not to cars of city railways." (201) (sylla- bus). Lore, C. J.: " The ordinance seems to relate to railroad cars, but not to cars of city railways. ' ' Licznerski vs. W. C. Ey., 5 Penn. 201 at 208. (yr. 1904) The above case sets out Section 12 verbatim (p. 202), and analyzes it thoroughly. The Court said there was no ordinance affecting the speed of electric cars in Wilmington (p. 208). See Maxwell vs. Wil. City Ey. Co., 1 Marv. 199 at 200. (yr. 1893) A violation of the ordinance is negligence per se, but unless this negligence causes the accident, the mere violation of the speed limit does not render the company liable. Penneivill, J.: " In such case, however, the defendant would not be liable unless the violation of the ordinance, that is, the excessive speed, of the train, caused the accident complained of, ' ' &c. MacFeat's Admr. vs. P., W. & B. E. E., 5 Penn. 53 at 66. (yr. 1904) Knopf vs. P., W. & B. E. E. Co., 2 Penn. 392 at 396 and 399. (yr. 1900) AVhere neither statute nor ordinance limits the speed of railroad trains, the law is as follows: Lore, C. J.: " Where the law does not limit the speed of railroad trains, such speed is in the discretion of the company, reasonable precaution being taken therein for the security of life and property. ' ' Eeed vs. Queen Anne's E. E., 4 Penn. 413 at 419. (yr. 1903) MacFeat 's Admr. vs. P., W. & B. E. E. Co., 5 Penn. 53 at 66. (yr. 1904) Burton vs. Eailroad Co., 4 Har. 252 at 253. (yr. 1844) The engineer, conductor, controller, owner or owners, or other person or persons, having for a time the command of any locomotive, railroad car or other vehicle, who shall propel or cause to be propelled or moved, such locomotive, railroad car or other vehicle upon such part of any railroad as shall be within the limits aforesaid at a faster rate than six miles per hour, for every («^) such offence shall forfeit and pay a fine of one hundred dollars. (a) As to the duties, in general of an engineer in operating and run- ning cars through the City of Wilmington, see the case of Burton vs. Eailroad Co., 4 Har. 252 at 253. (yr. 1844) ORDINANCES. 755 There shall be kept and maintained in attendance upon p 1°^°'^'^°"*^^ ^'^ such parts of any railroad as shall be within the following trains, limits, by the railroad company or companies owning or using the same, viz : From West street on the west side of Market limits, street to King street on the east side of Market street in this cit}'-, one or more look-outs or persons whose duty it shall be to precede, at a distance not greater than sixty feet, all locomo- tives and trains of cars belonging to, or in the use of said com- pany or companies, while in motion within said limits, and re- move all obstructions to, and w^arn all persons upon the track of the said railroad company or companies within said limits, of the approach of said locomotives and trains; and the said railroad company or companies shall also keep a look-out other Q^^^^^^^^fg'^: than the one who precedes the locomotives and trains of cars 1^*'^'^'^°^^" as aforesaid, at every point where the railroad track owned or used by said company or companies is crossed by the follow- ing named public streets of this city, viz : Justison, West, Market, King, French, Third, Fourth and Seventh streets, w^ho shall, upon the passage of everj'- locomotive, between the hours of six A. M. and nine P. M., warn the passers on the public streets of such passage by waving a flag («) in the day time and a lantern at night; and for failure herein the said company or companies shall each forfeit and pay a fine of thirty dollars ; and furthermore, the engineer, conductor or ^^"alhoa^i person having charge of any such locomotive shall within the companies, city limits ring or cause to be rung, continually, the bell (^) at- ^c^omotive tached to such locomotive, for the purpose of warning all per- '^*^''- sons of the approach of the said locomotive or any train be- longing thereto, and upon failure thereof shall forfeit and pay pjj^g a fine of ten dollars. (a) This provision expressly requires the employment of a look-out or flagman. When the law does not so require, and yet the company em- ploys, and has stationed, a flagman at a certain place, his absence from that place will be an assurance that the road is clear and safe. Lore, C. J.: "As to flagmen, where a railroad is under no original obligation, to station a flagman at a particular cross- ing; yet, if it has done so for many years, travellers have a right to pre- sume in ease of his absence, that the road is clear and the wav safe. ' ' Martin vs. B. & P. E. E. Co., 2 Marv. 123 at 131. (yr. 1895) Boyce, J.: " But the absence or negligence of the flagman will not excuse the person about to cross the track from using 756 ORDINANCES. every reasonable precaution that an ordinarily prudent and careful per- son would use. ' ' Wil. City Ey. vs. White, 6 Penn. 363 at 372. (yr. 1907) (h) This express requirement that the bell shall he rung, &c., does not absolve the engineer from, also blowing the whistle, and running at a prudent speed, and exercising proper care, &c. Pennewill, J.: "It was the duty of the defendant, said the Chief Justice, to make use of all the usual and appropriate means, as bell and whistle, to warn wayfarers who might be passing along the highway, intending to cross the railroad, of the approach of the train; and it was in no way absolved from that duty by an act of Assembly providing for the ringing of the bell. The intent of the act was to pun- ish engineers and others, for not doing their duty, and not to relieve the company from the common law duty of taking the usual means to warn people of danger. ' ' Knopf vs. P., W. & B. R E. Co., 2 Penn. 392 at 397-8. (yr. 1900) Trains sta- It shall not be unlawful for any railroad company to suf- tionary . . -^ . ■, across street, ter or permit any locomotive, or any tram, or car, or other ve- hicle belonging to or in the employ or use of the said company, to remain stationary upon the track owned or used by them, where the same is crossed by any of the public streets of this city, («) and if they shall suffer or permit the said locomotive, train, car or other vehicle so to remain stationary for a longer period of time than ten (^) minutes unless in case of accident, they shall forfeit and pay a fine of thirty dollars.] The railroad company has no right to obstruct the street. (a) Houston, J.: " * * there can be no question in this case that the people of the city and the public in general, had a paramount right to the use and enjoyment of it" (the street) "as such, as well where it is intersected and crossed by the rail- road as in any other part of it. ' ' McCoy vs. P., W. & B. E. E. Co., 5 Houst. 599 at 609. (yr. 1879) And the railroad company should repair and reconstruct the crossing,' whenever necessary, with as little delay as possible, id 609. Aside from the above section, if a car should be left on the track at night, so near a street crossing that it would frighten an ordinarily gentle horse, the company would be liable in case of injury. Houston, J.: " * * if it" (the car) "was so near to the road as to frighten an ordinary, quiet and gentle horse, then it was guilty of negligence in leaving it there for the night, although it was not on any part of the road, if it was so near; but it had a right to leave it there, if it would not frighten a horse of that kind, for the time being, — for the night," &c. Kyne vs. W. & N. E. E. Co., 8 Houst. 185 at 198. (yr. 1888) (&) A violation of this provision is negligence. The Court said: Houston, J. : " * it was also expressly prohibited by an ordi- nance of the City of Wilmington * * which makes it unlawful for any railroad company, to leave aiiy engine, train, or car stationary on any railroad track, owned or used by it, where it is crossed by any street of the city for a longer time than ten minutes, except in case of an accident" * * and "the city ordinance made the act of leav- Fine. ORDINANCES. 757 ing the car standing there for a longer time than ten minutes * * un- lawful, as well as culpably negligent at common law. ' ' McCoy vs. P., W. & B. E. R. Co., 5 Houst. 599 at 604-5. (yr. 1879) We have seen that the first paragraph of Sec. 12 applies to railroad cars only. The same is true as to the above last paragraph of said sec- tion — neither applies to electric, or street railway cars. Sohinson, C. J.: " They had a right to keep car No. 16 a reasonable time on this turnout, so that car No. 10 might pass it, or for any other purpose necessary and proper for using their cars, and we do not think the ordinance cited by the learned counsel de- prives them of that right. ' ' Ford vs. Warner Co., 1 Marv. 88 at 92. (yr. 1893) Sec. 13. Any person inhabiting a dwelling- house within ^'^.J^.^eenDar- the limits of this city, being the head of a family in such house, ^j^'^g°" ^'^® or principal person occupying the same or a part thereof, may in case of annoyance arising from the passing on the paved footway or sidewalk in front or by the side of such house with 'a wheelbarrow, hand-cart or hand-carria§"e, prefer to the INIayor of this city a complaint in writing, verified by oath or affirmation of such annoyance. Upon such complaint, the Mayor shall cause notice in writing thereof to be served by a Notice. Constable of the city upon every person complained against; and if after such notice any person so complained against, or his or her apprentice or servant, or any person in his or her employment, shall pass on the paved footway or sidewalk in front or by the side of such house wdth a wheelbarrow, hand- cart or hand wheel-carriage, the said person so complained against shall for every such act or passing on such paved foot- way or sidewalk after such notice forfeit and pay the sum of penalty. one dollar; provided, that the passing directly to or from any shop, store or yard into or out of the street, or the passing upon a footway "or sidewalk [before seven o'clock in the morning "^" '' or] when the street is impassible shall not be within this ordi- nance. Sec. 14. If any person or persons shall singly or in com- Appearin- in pany, on the fourth day of July or on any other day in any j^^ecent °' year, parade, march or publiclj'^ appear in this city in an in- ^?fth"rriasked decent or fantastic costume, garb or dress, or appear with face, painted, masked or disguised face, or ])ehave in an indecent ^ , ^ ' _ ^ ' Indecent manner in public, every person so offending shall for every conduct. Fin6, such offence forfeit and pay a fine of five dollars; [provided, Nov. 22, isss. 758 ORDINANCES. Masquerades to have po- lice protec- tion by get- ting a permit from Board of Police Commis- sioners. Ordinance. Dec. 11. 1908. Ordinance, Dec. 11, 1908. Ordinance. Dec. 11. 19C however, that any social company or body of persons who de- sire to hold a masquerade party or ball in this city at any pub- lic hall or at any private residence shall be permitted to march in a body in masquerade dress through the streets of this city to and from the place where such masquerade party takes place, on two or more of the persons who desire to take part in said masquerade applying to the [Board of Police Commis- sioners] of the city and receiving from him a written permit for that purpose, and the [Board of Police Commissioners] are hereby empowered and directed in case such permit be granted by him to send one or more of the City Constables with the masqueraders on the public streets to their place of meeting.] [Provicled, further, however, that the Board of Police Commissioners shall have authority to issue a permit to any person or persons, or a permit to the general public, to march or publicly appear upon the streets of this city, in an orderly manner, in a fantastic costume, garb or dress, or ap- pear with painted, masked or disguised face, whenever the said Board of Police Commissioners deem it advisable.] Recovery and use of fines. Sec. 15. The fines, forfeitures and penalties accruing un- der this ordinance shall be recovered before the [Municipal Court] for the use of the corporation. All ordinances and parts of ordinances inconsistent here- with are hereby repealed. Passed at City Hall, October 30, 1856. Placing ashes or other rub- bish in the streets. Penalty. A FURTHER SUPPLEMENT to the ordinance concerning offences against the jyuhlic economy and contain nuisances. Section 1. If any person shall place or cause to be placed on any public street in this city between the curb lines any ashes, dirt, rubbish, offal or other thing, except as pre- scribed and allowed by the ordinances of the city, he shall be guiltj' of a common nuisance and shall forfeit and pay a fine not exceeding five dollars and an additional fine not exceed- ing five dollars for every twenty-four hours that such nui- sance is continued and the costs of prosecution, and shall be ORDINANCES. 759 imprisoned until the fine and costs be paid or until he be dis- charged, * * * * provided, that persons in Exception, removing any article or substance from their premises may place the same on the street, between the curb lines, temporar- ilj if such article or substance be not offensive, and shall re- move it therefrom before night of the same day on which it was placed on the street; provided, further, that this ordi- ■^''°^'^°- nance does not alter or affect the ordinance entitled "An ordi- nance concerning nuisances injurious to the health of the city. Repealed, # # * ******* April 18, 1893, by Passed May 19, 1859. i^treSd°' Sewer De- partment. AN ORDINANCE defining certain nuisances.^ . Section 1. If any person shall keep or have aiiv interest Keeping •^ ^ . ^ . . . " . . house of ill- in keeping a house of ill-fame or assignation within the limits fame. of the city he, she or they shall be deemed guilty of a common nuisance, and shall be fined thirty dollars for every such of- Fine, fence and a further sum of twenty dollars for every twenty- four hours that the said nuisance is allowed to remain on the premises after being convicted of such offence, [or be commit- -.a icm *" 3b,X1. ly, loo5. ted to the custody of the High Constable for any term not ex- ceeding sixtv davs or both, or the defendant shall be commit- imprison- ^ • ' _ _ ment. ted to the custody of the High Constable until the judgment against him be satisfied, not exceeding sixty days.] («) ■(«) Police officers have the right to enter such places to prevent dis- order and to make arrests, and this, it is thought without a warrant. State vs. Lafferty, 5 Har. 491. (yr. 18.54) See pp 213-214 of this volume. Sec. 2. All fines or penalties accruing under this ordi- Recovery of nance shall be recoverable before the [Municipal Court] for the use of the corporation. («) (a) The Law and Order Society, now, by virtue of an Act passed May 26, 1897, receives one-half of all the fines, &c., collected, where raids are made, and conviction secured, on evidence furnished by it. Law and Order Society vs. Mayor and Council of Wil., 4 Penn. 366 at 367. (yr. 1903) (See Sec. 148, "a" of the Charter.) Passed at City Hall, May 19, 1859. 1. See also Act of May 9, 1895, 20 D. L. p. 272, at p, 536 this volume. Sign posts. 760 ORDINANCES. A FURTHER 8VPPLEMENT to the ordinance concerning offences against the piiblic economy and certain nuisances. Section 1. If any person shall erect, or hano;, or fasten, Signs over "^ ^ ' '^' . ' sidewalks, or causo to be erected, hung or fastened any sign, show bill, lantern or show board of any description whatever, which shall project or extend more than four feeet from the build- ing- line, over any sidewalk or street in this city, or shall place a sign post on any such street or sidewalk, or shall construct a Awnings. permanent awning over any street or sidewalk aforesaid, or shall so place any awning («) over the sidewalk that it will terminate between the curb line and the building line [other Resolution _ _ _ o l of Street than a swinging frame and awning] , or shall place over any and Sewer . t> & &J5 i j Department, sidewalk or any part thereof, as a shelter, a covering composed May 23, 1893. ^ . of of material other than canvas, or shall hang or suspend over or across any sidewalk any flap, wing or side awning [of any description, or shall hang or fasten any sign, show bill, lan- tern, show board, a\'iTiing or awning frame] less than seven feet above such sidewalk, or shall hereafter construct, place or build over, into or upon any pavement, street or sidewalk in Bulk or pro- this city, any bulk or projecting door, door jamb, door frame, doors, etc. door sill, bcyoud the true building line on said street, or shall „ „ hereafter construct, place or build over any pavement, street Bulk or pro- ' ^ . jectingwin- or sidcwalk in this city, any bulk or propecting window, (^) window jamb, window frame or window sill, more than eigh- teen inches from or beyond the true building line on said street, or so that the bottom of any such window jamb, frame or sill shall be at least eighteen inches above the pavement or sidewalk at its proper grade, or shall keep, have or retain, Notice for after three weeks notice in writing from the Mavor {<^) of the the removal _ ° " . . of bulk doors qWy, to abate or remove the same, any such bulk or projecting or windows. ' . ? ^ x- « o door, window, door, jamb, door frame, door sill, window frame, w^indow jamb or window sill, already erected, placed or built and projecting as aforesaid he shall be guilty of a com- Penaities. j^qu nuisance and shall be liable to a fine of five dollars, and an additional fine of five dollars for every twenty-four hours that such nuisance is continued. Provided, that this ordi- nance does not relieve from liabilit^^ persons who, before its ORDINANCES. 761 passage, have violated other ordinances of the city by commit- fg^^^^s not ting the offences herein prohibited. her^jy'^'^'^ (a) As to the city's liability for allowing defective awnings in the streets of the city, see the case of Jarrell vs. Wihnington, 4 Penn. 454. (yr. 1903) See p. 822 of this volume. (b) In the ease below cited, bay windows were built out on the street 3 feet on one side, and 18 inches on the other to the first story, and then 3 feet from the second story up. The Chancellor, not thinking that 3 feet amounted to such a substantial encroachment as to " substantially interrupt or impede the public use of the same as a street or highway ' ' (.500) refused to grant an injunction. The Chancellor : " In a clear case of substantial and material en- croachment upon a public street or highway, of such a character as to seriously interfere with its use, I would consider it my duty to act without the aid of a jury; but where the encroachment, although illegal, is not of that character, the proper tribunal is a court of law, which has full power, not only to punish the offender, but to abate the nuisance. ' ' Gray vs. Baynard, 5 Del. Ch. 499 at 505. (yr. 1S83) (c) The streets of the city, from building line to building line, are now, (since 1887), under the control and jurisdiction of the Street and Sewer Department. See Sees. 1 and 4 of the Street and Sewer Department Act, pp. 224 and 228 of this volume. [Sec. 2. That Section 1 shall not be construed to inter- j^^^^j^^.^^ fere with the display of such flags, banners or bunting, on ge^eJfoet'^*^ patriotic, public or political occasions, for such period or ^^^^"^jq"*' periods as the Board of Directors of the Street and Sewer De- i^ot. partment shall in their discretion authorize.] Passed at City Hall, June 16, 1859. AN ADDITIONAL ORDINANCE to define and prohibit cer- tain nuisances. Section 1. Whoever shall stand idling or loitering («) standing or • T 11 11 i. 1 • congregating upon any pavement, sidewalk or crosswalk, or stand m a on sidewaiii. group,- or congregated with others, on any pavement, side- walk, crosswalk or doorstep, in any street or public way in, this city so as to obstriTct or hinder the free and convenient passage of persons walking, riding or driving over or along such pavement, walk, street or way, and shall fail to make way, remove or pass, after reasonable request from any per- 762 ORDINANCES. Fine. Ordinance. Dec. 17, 1896. Indecent conduct. Ordinance, Dec. 17, 1896. Offensive or profane words. Ordinance. Dec. 17, 1896. Ordinance. Dec. 17, 1896. Ordinance. Dec. 17, 1896. Indecent words or figures. Ordinance, April 16, 1891. Ordinance, April 16, 1896. Printing or circulating prohibited. Spitting, etc.. on steps. son, shall be deemed guilty of a common nuisance and liable to a tine not less than fifty cents nor more than ten dollars. (a) This section aims at loafing and corner lounging. Persons have a right to stop and talk for a reasonable time. Bohinson, C. J.: "It is true that highways are made for the con- venience of the traveling public, and that many obstructions to public travel are nuisances, but it is also perfectly well settled that travellers are not bound to keep in motion every instant they are on the road. They have a right to stop temporarily for business or pleasure, provided they do not unreasonably interfere with the rights of others who wish to use the road. ' ' Ford vs. Warner Co., 1 Marv. 88 at 92. (yr. 1893) Sec. 2. Whoever shall, in any street * * * public jjlace, [or place of public amusement] in this city, be guilty of any indecent or disorderly conduct («) or make any offen- sive outcries or loud noises, or utter, [act] or sing any lewd, scurrilous, profane, obscene words, [acts] or songs [or shall permit any person to utter, act or sing any lewd, scurrilous, profane, obscene words, acts or songs, in any place of public amusement in this city, of which he is the owner, manager, proprietor or lessee] or shall write or make any indecent or obscene words or figures upon any fence, building or other public place [or shall place, post or cause to be placed or posted any indecent or obscene figure, picture, poster or rep- resentation upon any fence, building or other public place] , [or shall print, or cause to have printed, or keep, or cause to be kept, or serve or circulate, or cause to have served or circu- lated, for the purpose of sale, show or gratuitous offering, any newspaper or paper- writing, containing, either in express or plain words, or by intimation, suggestion or innuendo, any indecent, lewd, scurrilous, profane or obscene words, songs, figures or pictures, of or about, any person, place or thing] within the city, or shall drop, place, deposit, spirt or spit upon any door step in this city, any dung, tobacco, spittle or other noisome or filthy substance, shall be deemed guilty of a com' ORDINANCES. 763 mon nuisance, and liable to a fine of not les.s than [one] and Sec^^iTisoe. not exceeding- [fifty] dollars. SeaT'isls. ' (a) Disorderly eouduct is a phrase of broad meaning. See the cases of State vs. Lafferty, 5 Har. 491. (yr. 1854) Noise and general dis- order, and a disorderly house. State vs. Burchinal, 4 Har. 572. (jr. 1847) Cursing, dancing and drunkenness. State vs. Walter, 2 Marv. 444. (yr. 1895) Indecent exposure. [It sliall be the duty of the Chief of Police, upon the con- Removal of '- '' ' ^ _ posters. viction of any one, for placing or posting or causing to be Qj.^jj^^^^^^g placed or posted, any indecent or obscene figure, picture, pos- April i6, ter or representation upon any fence, building or other public place, to cause the same to be immediately removed.] Sec. 3. Whoever shall use or place upon any brick pave- wheeibar- ment, footway or sidewalk of any public street of this city, footway'.' any wheelbarrow, hand-cart or hand-barrow («) (except it be placed close alongside of a building and parallel with the street where the brick pavement, sidewalk or footway is ten feet or over in width and not otherwise), or vehicle of any kind used for the transportation of merchandise or pro\asions of any kind, whether the said vehicle be used for hire or pav, or other- ■ r n r. , 1 n • n -1 1 ^Ug. 7, 1879. Wise, [except beiore seven o clock m the morning or] unless " Exception. when prevented bv the depth of snow or mud in the streets or . "^ . . Snow or mud other unavoidable causes, rendering the passage thereon im- practicable, or in passing across the said brick pavement, foot- way or sidewalk to or from any dwelling house, store or other premises, of any such wheelbarrow, hand-cart or hand-barrow (provided, nothing herein contained shall be construed to per- mit any wheelbarrow, hand-cart or hand-barrow to be used crossing . . sidewalks. upon any brick pavement, footway or sidewalk of any street m . . ^ ' "^ / Exclusion this citv, during the market hours in that part of the street during mar- *" ^^ IvGt hours in which the market is being held,) shall be deemed guilty of a common nuisance, and liable to a fine of not less than fifty cents nor more than ten dollars. (a) See Sec. 13, p. 757 of this volume. Passed at City Hall, December 21, 1865. 1. Part of ordinance of December 17, 1896, is as follows: " * * striking out in the thirteenth line thereof, the word "ten," and inserting in lieu thereof, the words "twenty-five" " An ordinance of June 6, 1895, had previously stricken out the word "ten" in the thirteenth line and inserted in lieu thereof the word "fifty." 764 ORDINANCES. Spitting on sidewalks, &c.. pro- hibited. ^AN ORDINANCE to prevent spitting in certain puhlic places in the City of Wilmington. Be it ordained, bj^ The Council of Wilmington. Section 1. It shall be unlawful on and after the passage of this ordinance for any person to spit on the sidewalk, cross- ing or footway of any public street, way, park or square, or upon the floor of any hall or office in any hotel, apartment house, tenement or lodging house which is used in common by the guests or tenements thereof, or upon the floor, platform, steps or stairs of any public building, hall, church, theatre, railway station, store or factory, street car or other public conveyance. Definition. Sec. 2. The term "spitting' nance shall be defined as follows : as referred to in this ordi- The act of expelling anything from the chest, throat, mouth or nose. Penalty. Sec. 3. Any violation of this ordinance shall be punish- able with a fine of not less than one dollar nor more than five dollars for the first offence, and not less than two dollars nor more than five dollars for each succeeding offence. Approved October 26, 1907. Swine at large, un- lawful. Fine. AN ORDINANCE concerning swine. Section 1. Everj- owner, possessor or harborer of any hog, pig or other animal of the hog kind, who shall permit or suffer («) the same to go at large, in any of the public streets, lanes or alleys within the limits of the City of Wilmington, shall be deemed guilty of a conunon nuisance, and upon con- viction thereof, shall forfeit and pay a fine of not less than five nor more than ten dollars for every such animal found at large within said limits, besides costs of prosecution, one-half 1. See Resolution of Street and Sewer Directors, passed Nov. 12 1907, p. 1000 this volume. ORDINANCES. 765 of the fine to be paid to the informer, and the residue into the city treasury. (a) See Sec. 3, paragraph 3, p. 745 of this vohmie. Sec. 2. Everv hosr, pig or other animal of the hog kind, impounding =" ^ ° . n of hogs. found at large in any of the public streets, lanes or alleys within the limits of the Citj^ of Wilming-ton, shall be deemed a common nuisance, and shall be taken up and put into some proper place, to be provided by the city, b}' the policemen, or other proper person or persons duly appointed by the ]\Iayor («) for such duty; and after being kept for the period of twenty-four hours, and proclamation of the sale made by the bellman within said period, shall be sold at public vendue Notice, sale •■^ ' ^ and disposal by th^ High Constable, or such other person or persons as the of proceeds. ]\Iayor shall appoint for this purpose, and the proceeds of sale, after defraying all the necessary expenses attending the pro- ceedings under this section, shall be paid into the city treas- ury for the use of the city. Provided, that the o^^^ler, at any time before sale, shall have the privilege of redeeming every ^^^q^™^"! such swine on forfeiting and paying therefor to the citj^, the hogs. sum of one dollar and all the costs. The IMayor is hereby au- thorized and required, from time to time, to appoint and em- js^ppojntrnent ploy a suitable person or persons to take up and dispose of, ^^^ou^^^^f *° agreeably to the provision of this ordinance, all swine found hogs. A\dthin the limits of said city in violation of any of the provi- sions of this ordinance, and such person or persons, at his dis- cretion, to discharge, and to appoint and employ others in their stead, and generally to adopt such other measures as ma.y be necessary to carry into effect the provisions of this ordi- nance. (a) The dog catcher has charge of such matters, now. See See. 3, paragraph 6, p. 747 of this vohime. For every swine impounded by virtue of this ordinance impounding there shall be allowed to the person impounding the swine the sum of fifty cents. Sec. 3. Every hog pen now existing or that may be here- construction after constructed, within the limits of the City of "Wilmington, ° °^ ^^^^'" . shall have a wooden floor not less than twenty-four inches 766 ORDINANCES. Distance of pens from dwelling house. Police must report violations. Penalty. above the surface of the ground, and every person who shall allow the floor of his or her hog pen to be otherwise than as herein provided shall be fined three dollars for every twenty- four hours that such violation of this section may be con- tinued. Sec. 4. If any person shall keep or harbor any hog, pig or other animal of the hog kind anywhere within the limits of the City of Wilmington, in any yard or pen within fifty feet of any dwelling house, such person shall be guilty of a com- mon nuisance, («) and shall be fined three dollars for every such offence. ' (a) The above section grants the right eonditioually, to construct a pig-2)en. But the pig-pen must not become a public nuisance, for the city, without authority from the Legislature could not grant such a right. Comegys, C. J.: " Unless an Act incorporating a town gives the authorities there, either expressly or by necessary inference, the power to authorize a nuisance, none exists * * for the reason that no power short of an Act of the Legislature for the purpose, can legalize the maintenance of a nuisance. ' ' State vs. Luce, 9 Houst. 396 at 398. (jt. 1885) ■ As to when a pig-sty becomes a nuisance, see ji. 399 of same case. Sec. 5. It shall be the duty of the Police Constables of the City of Wilmington to make complaint to the Mayor («) of said city of every violation of this ordinance, of which they have knowledge, and any such officer, on failure to make com- plaint as aforesaid, shall be fined five dollars, one-half the fine to be paid to the informer. (a) The Board of Health has charge of all such matters and can re- move any jjig-pen in the city if it deems it ' ' necessary or conducive to the health of the city. ' ' See Sec. 6, p. 776 of this volume. Passed at City Hall, October 19, 1871. Placing of ashes, gar- bage or filth in alley- ways. AN ORDINANCE relating to private alley -ways. Section 1. That it shall be unlawful for any property owner, agent or tenant owning, having in charge or occupy- ing any property within the City of Wilmington having a pri- vate alley-way leading thereto to place or suffer, or permit to be placed, any ashes, garbage, filth or noisome matter from ORDINANCES. 767 such property in or upon any part of the bed of said alley-way, or to alloAV any ashes, garbage, filth or noisome matter to be or remain in and upon the said alley -way opposite to the prem- ises of such owner, agent or tenant. Any person so offending against the provisions of this ordinance shall be deemed guilty of a common nuisance, and shall upon conviction thereof be- fore the jMunicipal Court forfeit and pay a fine of two dollars. Penalty. Passed at City Hall, January 15, 1885. AN ORDINANCE declaring the establishment of apparatus for the smoking of opium, or the furnishing of a place wherein persons may assemble for the use of opium with- in the limits of the City of Wilmington, to be a public nuisance, and regulating the use and sale of opium, mor- phine, and cocaine in said City of Wilmingto)i and affix- ing penalties for the violation of its provisions. (") Be it ordained, by The Council of Wilmington. (a) This ordinance was argued before the Superior Court in the year 1903 or 1904, and the Court decided the same to be constitutional. The Mayor and Council of Wilmington vs. Hertel (unreported). Section 1. If any person or persons, firm or corporation pj ^ br h shall set up or establish, or cause to be set up or established in ™ent for '^ ' ^ opium smok- any house, room, outhouse, tent, booth, arbor or other place jng.pro- *^ ' , ' . ' _ _ _ ^ hibited. whatsoever, within the limits of the City of Wilmington, any instrument, apparatus or device, whereby opium may be smoked, inhaled or used in any manner whatsoever, by other persons, or if any person or persons, firm or corporation shall procure, permit, suffer or allow persons to collect and assemble in his, her, their or its house, room, outhouse, booth, tent, ar- bor or other place whatsoever, under his, her, their or its con- trol, and within the said city, for the purpose of smoking opium or of using opium in any manner, or if the ownier, ten- ant, lessee or occupant of any house, room, outhouse, tent, booth, arbor or other place whatsoever, within said city, shall lease, hire, or rent the same, or any part thereof, to be used and occupied or employed, for the purpose of smoking opium, or of using opium in any way or manner, by other persons, the 768 ORDINANCES. Penalty. Owner of houses, rooms, etc., after notifi- cation are liable. person or persons, firm or corporation so offending in any of the herein ennmerated cases, shall be guilty of a public nui- sance, and upon conviction thereof in the Municipal Court, shall forfeit and pa}' a fine of not less than twenty -five dollars ($25) nor more than one hundred dollars ($100). The owner of such house, room, outhouse, tent, booth, arbor or other place whatsoever, within said city, who shall have received informa- tion that any such smoking or use of opium as aforesaid, is in, or upon, the said premises, and shall not, within ten days thereafter, cause complaint to be made against the person who has set up or established the same, shall be deemed and held to have knowingly leased, hired, or rented the premises for the said smoking or use of opium. Selling or giving opium and other drugs pro- hibited. Penalty. Sec. 2. If any person or persons, firm or corporation, after the passage of this ordinance, shall sell, dispose of, fur- nish or give away, directly or indirectly, within the City of Wilmington, to anj' person or persons, any of the drugs or chemical substances commonly known as opium, morphine, cocaine, or any of its salts, except to a duly licensed physician, or a duly licensed druggist, or to a person or persons named in a written prescription signed by a duly licensed physician, the person or persons, firm or corporation, so offending, in any of the herein enumerated cases, shall be guilty of a public nui- sance, and upon conviction thereof in the Municipal Court, shall forfeit and pay a fine of not less than twenty-five dol- lars ($25) nor more than one hundred dollars ($100). Limit on dispensing drugs. Penalty. Sec. 3. None of the drugs mentioned in Section Two of this ordinance shall be furnished more than once to any per- son or persons upon the same written prescription, and any person or persons, firm or corporation who shall violate the provisions ^of this section shall be guilt}" of a public nuisance, and upon conviction thereof in the Municipal Court shall for- feit and pay a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). Sec. 4. If any person or persons, firm or corporation, s iiingor after the passage of this ordinance shall sell, dispose of, fur- giving drugs j^ig]^ qj. oiye awav, dircctly or indirectlv, v,dthin the limits of to minor. ° " ' "^ - ' ORDINANCES, 769 the City of Wilmington, to any minor under the age of twen- ty-one years, anj^ of the drugs or chemical substances men- tioned in Section Two of this ordinance, whether upon pre- scription from a duly licensed physician, or without such pre- scription, the person or persons, firm or corporation so offend- ing in any of the herein enumerated cases, shall be guilty of a public nuisance and upon conviction thereof in the jMunicipal Court, shall forfeit and pay a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). Penalty. Sec. 5. In any prosecution under this ordinance, the „ •^ ^ Prosecutions charge mav be laid against all or any of the several members wm lie " • " "^ against of a firm or partnership, or against any employee of any per- members of son, firm or partnership, and in case of a corporation, the ship, em- . . .^ , . ployee, &c. prosecution may be against either the president or other chief officer thereof, or against the person in charge of, or manag- ing the business, or any employee thereof. Sec. 6. All ordinances or parts thereof, inconsistent with this ordinance are hereby expressly repealed. Approved June 13, 1903. 770 ORDINANCES. CHAPTER VIII. ORDINANCES RELATING TO THE HEALTH OF THE CITY. Page 1. General Legislation 770 2. Notice of Certain Dis- eases to be Placarded.... 787 3. Nuisances Injurious to Health 788 4. General Gratuitous Vacci- nation 790 5. Removal of Dead Bodies 792 6. Appointment and Duties of City Registrar 793 10. 11. 12. 13. Page Collection and Removal of Garbage 796 Sanitary Dispcsal of Gar- bage 801 City Crematory 803 Burial of Dead Bodies.... 805 Inspection of IVieats 805 Diseased Fruit 808 Adulteration of Milk 809 Board of Health, how composed. Act of Api'il 13, 1883. 17 D. L. 484. Officers. Salaries of board. Executive officers. Amendment. Ordinance, June 27, 1895. AN ORDINANCE concerning the health of the city. Section 1. There shall be a Board of Health for this city to be composed of [the Port Physician, two other physicians, one practical plnmber and one general business («) man, to be annually^ appointed by the Mayor of the city on the first Thursday in May ; the said Mayor shall supply all vacancies ; three members shall constitute a quorum. The Chief Engi- neer of the Surveying Department of the city shall be ex-officio a member of the Board of Health, without salary as such. The board shall appoint its own President and Treasurer from amongst its own members.] The High Constable, every City Constable and the Street Commissioner shall be officers of the board, bound to execute its orders. The members of said board shall each receive an annual salary of one hundred dollare. The board shall have the power and authority to appoint [four]- executive officers, [two] for the eastern district and [two] for the western district, for the term of one year, who 1. The appointments are now made biennially. See Sec. 136 of the Charter. 2. See Sec. 136 of the Charter which provides for the appointment of two executive officers. See also Sec. 3 of the Charter. ordinances; 771 shall be vested with police powers. [On and after the second or'iinance day of May, A. D. 1907, the executive officers of the Board of ^pr. is, 1907. Health of the City of Wilmington shall each receive an annual salary of nine hundred dollars ($900) payable in equal monthly instalments.] (a) See the Charter provision relating to the above appointments. Sec. 136 of the Charter, and note " a " thereto. [The Secretary of the Board of Health shall receive a sal- 5ug."fo!T908. ary of five hundred dollars per annimi, pavable monthly as Salary of •^ /■ / • Secretary, other city officers are paid.] [The board shall have power with March 14, the consent of Council to appoint other officers as occasion may Additi9nai require and make reasonable allowance for the same.] officei-s.^^ Sec. 2. The Board of Health shall have power to direct Board'of that any noisome matter, whether vegetable, animal or other- Health, wise, or any reservoir, pool or pond of stagnant water, or any other nuisance or unwholesome thing of any kind whatsoever Nuisances. in this city or within one mile of the boundaries thereof which may, in the opinion of the said board, be the occasion of in- fectious or contagious disease or in any way detrimental to health, shall be abated, removed, remedied or emptied by the person to Avlioni the same belongs or in whose possession or upon whose property it is, and that any place in this city or Avithin one mile of the boundaries thereof in such filthy or noxious state that in the opinion of the board it is or may be- come a nuisance injurious to health, shall be cleansed. [And Aug."io, 1882. any person or persons who shall refuse or neglect to abate, no"abatin- remedy or remove any such nuisance or cleanse any such place nuisance. after ten days' notice («) from the Board of Health, shall for- feit and pay a fine of ten dollars.] Provided, however, that it shall appear to the said board that any of the said nuisances hereinbefore stated are caused or produced by any person or persons other than those on Avhose premises the said nuisances exist, or that the said nuisances are caused or produced by water, filthy, noisome or unwholesome matter flowing or run- ning from the premises of any other pereon or persons or premises which may be in his, her or their occupation, that the said board (^) shall then give the direction to remove, cleanse, abate and remedy the same to the person or persons 772 • ORDINxV.NCES. Offensive smells. Penalty. causing' or producing such nuisance or to the person or per- sons from whose premises or from premises which may be in his, her or their occupation the same shall flow or run, and if the person to whom such direction is given shall not observe and fulfill the same within the time therein prescribed the said board shall order the said direction to be carried in effect by some officer of the board or other person or persons appointed for that service, and the expenses shall be paid by the person to whom the direction Avas originally given, but if the same shall not be paid by such person on demand, the same shall be paid by the Treasurer of the board, whose duty it shall be and who shall have the right to recover the same, with interest and costs, from the person who ought to have paid the same as aforesaid as debts of like amount are recoverable. (a) This notice must come from the Board of Health. Notice from a person not a member of the said Board will be nugatory. Lore, C. J.: "It is not set forth in the record * * that the party who made the complaint was a member of the Board of Health. * * The judgment, therefore, is reversed on that ground. ' ' Johnson, d. b. a. vs. State, p. b. r., 2 Marv. 372 at 373. (yr. 1895) (The above related to the non-removal of a hog-pen.) (ft) See note "a," above, to this section. It shall not be lawful after the passage of this ordinance for any person or persons to erect or bring into use within the limits of this city any factorv or building for the purpose of originating a business which shall produce any smell offen- sive (") to the neighborhood or deleterious to the health there- of ; and any person or persons who propose to originate such a business within one mile of the city limits shall first obtain the consent of the iMayor and Council of the city; (^) and every person who shall violate the provisions of this ordinance shall forfeit and pay a fine of one hundred dollars, and twenty dol- lars for every day such business may continue to be operated after the first conviction, to be recovered as other fines and forfeitures are recoverable. («.) Any business that gives forth offensive smells to the annoyance of the neighborhood, is a common nuisance. ' ' Any trade or business carried on in a town, or populous neighbor- hood, or near a public road or highway, which produces noxious or of- fensive smells, to the annoyance of the neighborhood, or jjersons traveling along the public road, is a common nuisance, and is indictable. * * ORDINANCES. 773 It is not necessary that the smells should he injurious to health. It is sufficient if they be offensive to the senses." State vs. Wetherall & Dunsey, 5 liar. 487. (yr. 1854) Liebig Mfg. Co. vs. Wales et al, 8 Del. Ch. 26. (yr. 1896) State vs. Luce et al, 9 Houst. 396 at 399. (yr. 1885) (See Sec. 4, par. 3 of this volume.) (b) The Council, however, cannot authorize a nuisance, without ex- press authority from the Legislature. Comegys, C. J.: "Now, as the people of a community have a right, of whieli nothing but an Act of Assembly can de- prive them, to pure, untainted, uncontaminated, iuoifensive air, it follows, that whatever of itself dej^rives them, or interferes with their enjoyment of such right, necessarily is, of itself, a nuisance of a public character, and indictable." * * "Unless an Act incorporating a town gives the authorities there, either exjiressly or by necessary inference, the power to authorize a nuisance, none exists. ' ' State vs. Luce et al, 9 Houst. 396 at 398. (yr. 1885) Sec. 3. If any person shall cast into anv street, lane or contents of alley of this city, or shall suffer to run or to be -washed from house or *' " ' _ _ other offen- anv slaughter house, stable, privy, yard or place in his or her sive matter . . ' 7 r ^ 7 v X jj^ street. possession, into any such street, lane or alley, any blood, garb- age, refuse, vegetable matter, carrion, dead animals, dung, filth or noisome or offensive matter; or if any person or per- sons shall suffer any skins, rags or matter to be in a noisome or offensive state within or upon property in his, her or their pos- session "within the limits of this city, or shall deposit in any lot, street, lane or alley or any wharf or near any dwelling house, any contents of any slaughter house or stable, or any matter in an offensive state, or having deposited or put at any place within the limits of this city any matter that may be offensive, or shall place or leave in any market house any offal or offen- ho^uTe^offai. sive matter and shall fail to immediately remove the same upon the notification of any member or executive officer of the Board of Health, every person so offending shall be deemed giiiltj' of a common nuisance and for every such offence shall be fined penalty, five dollare. Upon complaint to the Board of Health by any tenant of a property or other person of water standing upon the surface of a cellar, («) and such place having been visited ^nars.'" by a member of said board and declared a nuisance, it shall be abated within one week after due notice has been given to the owner or other person causing the nuisance, under a penalty of five dollars, to be collected as hereinafter provided. (a) In the case below cited, the Board of Health took proceedings to abate a nuisance resulting from a wet cellar. The part of the above 774 ORDINANCES. Stagnant water. Offensive premises. Drainage of water, etc., on premises of another. Ordinance, Aug. 10, 1882 Ordinance. May 5, ISSl. Penalty. section relating to a wet cellar is set out and argued by the attorney in the case below cited, on p. 217. The Municipal Court found the defend- ant (Hartman) guilty, and the case was taken to the Superior Court on a writ of certiorari. The Court held it would not lie. Cullen, J.: "Their action" (Board of Health) "is not a legal judgment such as is contemplated under the law, to which a certiorari at common law may issue." Hartman vs. Wilmington, 1 Marv. 21.5 at 231. (yr. 1894) (See Sec. 137, par. 2, "e" of the Charter.) If anj' person shall suffer auy excavation or low ground upon property in his or her possession within the limits of this city to be filled or covered with stagnant water or other noi- some matter so as to be unwholesome or offensive ; or if any person shall suffer any dock, cellar, yard, stable («) or other place in his po&session or owned by him to be in a noisome or offensive state; or if any person owning or occupying prop- erty within the limits of this city or in case of the non-resi- dence or absence of the owner, his or her agent having charge of such property, shall permit the water flowing from any hydrant, pipe or fixture connected with the conveyance of water to this city, or the refuse water from culinary or other purposes, or the water running off from the roof of any dwell- ing house, shop, store or shed or other building belonging to him or her or in his or her charge or occupation, or shall suf- fer and permit water from any other source, or shall suffer and permit noisome matter of any kind to flow or run from his or her premises, or premises which may be in his or her charge or occupancy, [or shall permit water from any other source], [or shall suffer and permit noisome matter of any kind to flow or run from his or her premises or premises which may be in his or her charge or occupancy to and upon the premises of any other person or persons so that the same shall or may become, on the premises of these last designated persons, stagnant, noxious or filthy] , every person so offending shall be guilty of a common nuisance and for every such offence shall forfeit and pay a fine of ten dollars. (a) See as to a stable being "'badly I'ept," and when the same is a nuisance, generally, to the neighborhood, the case of State vs. Luce et al, 9 Houst. 396 at 399. (yr. 1S8.5) hcmses*'erec- ^'E-G- 4. From and after the passage of this ordinance it ^°,^<°\'^^°' shall not be lawful to build or construct a slaughter house («) hiDited. ^ ^ ' ORDINANCES. 775 for the purpose of slauglitering cattle , sheep, swine or calves Avithiu the limits of this city, [and any person who shall offend gept^T^iss- against this provision shall be guilty of a nuisance, and shall upon conviction thereof forfeit and pay a fine of not less than five nor more than fifty dollars, and shall forfeit and pay a^^^^^^^- fine of five dollars for each and every day that the said slaugh- ter house so illegally constructed shall be thereafter used for the purpose of slaughtering- as aforesaid.] (a) As to when a slaughter house, generally speaking, becomes a niiisauce, see the case of State vs. Luce et al, 9 Houst. 396 at 399. (yr. 1885) All slaughter houses now erected wdthin the city limits Reguiati9n or that now or may hereafter be erected outside of the city slaughter limits but within one mile thereof shall, within thirty days after the passage of this ordinance, be furnished with either a tight tW'O-inch oak floor laid in mortar or a paved brick floor, the bricks to be placed on edge, and whether said floor be of plank or of brick it shall have a gradual descent to a point where the blood and garbage will be received in some suitable vessel placed there for that purpose ; and further, said vessel as aforesaid shall be emptied of its contents at some point without the limits of the city at least three times a week from the first day of May to the first day of November inclusive, and from the first day of November to the first day of j\Iay at least twice a week in like manner. If any person shall use a slaughter house or place belong- cleansing ing thereto within the limits of this city after the Board of houses. Health have pronounced the same noisome or having used such slaughter house or place shall not, on the requirement of the Board of Health, immediately and effectually cleanse the same, ever}^ person so offending shall be guilty of a common nui- sance, and shall for every such offence forfeit and pay a fine of twenty dollars. If any person shall exercise wdthin the limits of this city offensive any trade or manufacture that shall corrupt the air by offen- ^'"''^'^*^^- sive («) smell, every person so offending shall be guilty of a 776 ORDINANCES. Duty of EJxecutive Officer to visit slaughter houses. Oyster cellars, etc. Regulations. Penalty. Hog pens. Penalty. Removal of pens. common nuisance, and for every such offence shall forfeit and pay a fine of forty dollars. (a) See Sec. 2, par. 2, p. 772 of this volume. All slaughter houses as aforesaid, shall be liable to the inspection of the Executive Officers of the Board of Health, whose duty is hereby declared to be to visit each and every slaughter house within the limits of the city once a week from the first day of May to the first day of November, and report the circumstances to the Board of Health, and for each and every neglect of this duty they shall be fined the sum of five dollars. («) (a) Bead all of Sec. 4 in connection with Sec. 3, p. 789 of this volume. Sec. 5. Every person keeping an oyster house or cellar, or owning or occupying, as a tenant, any wharf or wharves where oysters or clams are sold, within the limits of this city, shall be required to remove the shells from their houses, cel- lars, whai'ves or premises at least three times in each and every week between the first day of May and the first day of October of each year. If any person shall permit any oyster or clam shells to remain in or on their premises for a longer time than is allowed by this ordinance, or shall suffer them to become noisome or offensive, and injurious to the health of the city, every person so offending shall, for evers" such offense, forfeit and pay a fine of five dollars. Sec. 6. If any person having on his or her premises a hog or pig pen, («) within the limits of this city, shall suffer the same to be in an unclean, filthy or unwholesome condition, and the Board of Health shall declare it to be so, every person so offending shall be gatilty of a common nuisance, and shall for- feit and pay a fine of five dollars, and the further sum of one dollar for every twenty-four houi-s that the said nuisance shall remain unabated. The Board of Health shall have power to remove any hog pens in this city, which, in the opinion of the said board, it shall be deemed necessary or conducive to the health of the city to have removed. 2 respectively (a) See See. 4 of this volume. and Sec. 2, "a," pp. 766 and ORDINANCES. 777 Sec. 7. If the owner or ageut of an}- property in this Privy weiis. cit}', shall suffer the privj- wells thereon to be so full that any member or Executive Officer of the Board of Health shall, on inspection find the well to be filled within eighteen inches of the surface of the ground, said owner or agent shall be guilty of a nuisance, and said member or Executive Officer of the Board of Health shall direct said privy to be cleansed, and if such order be not complied with in three days, said owner or agent shall be fined in the sum of five dollars. The Board of Health shall have power to order any privy cleansing which, on inspection two members of the Board of Health shall declare to be offensive, to be cleansed and if not cleansed with- in the required time, the agent or owner shall be guilty of a 'common nuisance, and shall be fined five dollars. The owner or agent of any property in this citj' shall. Expense of either of them, be liable to the excavator or other person em- ployed, for the expenses of cleansing privy welLs on such prop- erty, whether the cleansing shall have been ordered or con- tracted for by the owner or agent aforesaid. In respect to the vaults or privies already sunk near to privies must lots of other persons, it shall be the duty of the owner and also '^® *^^^^*' of the holder of the property to which every such privy ap- pertains, to secure and keep the vault of the same in such a manner that the contents shall not ooze or pass into the ad- joining property, and in default thereof, every such owner and holder shall forfeit and pay a fine of five dollars, and a further fine of one dollar for every day on which such con- penalty. tents shall ooze or pass into such adjoining property, after the giying of judgment or sentence for the first fine. The vaults of every privy which may be constructed («) Privy weiis. within the city limits, shall be digged to the depth of twenty dug and con- feet, or shall be at least six feet deep, at the option of the owner or proprietor; provided, however, that in case of a well six feet deep, it shall be built and floored with sound and well burnt bricks, laid on edge at the bottom, and in cement impervious to water, and the wall shall be puddled 778 ORDINANCES. ■with clay, one foot thick, except when the same is digged in Rocks, solid clay ground: and also, provided, that when rocfe, or water permanently springing or flowing into the well from Amendment ticneatli the surface of the ground, or other natural obstacle, Ordinance of render it expedient in the judgment of the [Building Inspec- 18S6. -toi-,] that such well should be made of the depth of twenty feet, such well may be sunk to any depth less than twenty feet and not less than six feet, as upon application to him may be allowed by the [Building Inspector,] who shall consider the' circumstances of the particular case and direct such depth as he deems expedient. (a) The Court held this provision should be given a prospective ap- plication — i. e.. it should apply to those privies only -which should be con- structed after the passage of the ordinance. The plaintiff having closed his case the Court Tvas asked to instruct the jury, "to bring in a verdict for the defendant below, appellant, for the reason that the city ordinance provides that ' ' the vault of every privy which may be constructed within the city limits shall be * ^ ' and no evidence has been offered to show that this vault was constructed after the passage of the ordinance. " Forbes, d. b. a. vs. The Mavor and Council of Wil., p. b. r., 1 Marv. 186. (yr. 1893) Inspection by Building Inspector. Certificate. Fees. Record. Penalty. Every person who may excavate or cause to be excavated a privy well wdthin the city limits, shall, before walling or lin- ing the same, give notice to the [Building Inspector,] whose duty it shall be to inspect it, and if it be excavated in accord- ance wdth the foregoing section he shall direct it to be walled, or walled, cemented and puddled, as the case may require, and after such walling, cementing and puddling, shall again notify the [Building Inspector,] who, being satisfied by per- sonal inspection, or by a deputy, that this ordinance has been complied Avith, shall give a certificate to that effect, for which certificate the person so applying shall pay to the [Building Inspector,] a fee of fifty cents, and the [Building Inspector] shall make and preserve a record of all such certificates issued by him, and shall deliver, at the end of every three months, a list of the same to the Secretary of the Board of Health, who shall transcribe the same in a book provided for the purpose. Every person failing to comply with the provisions of this ordinance shall forfeit and pay a fine of fifty dollars. ORDINANCES. 779 If any person shall remove to and deposit at any place Night soil, ■within this city, or within one mile of the city limits, any night soil, or the contents of any privy well, every person so offend- ing shall be deemed gnilty of a common nuisance, and for every such offence shall forfeit and pay a fine of five dollars. Provided, however, that permission may be granted by the Board of Health to make such deposits anj^^'here outside of the city limits. The Board of Health shall grant license to so manv and License to ^ * excavators. such persons as ra&y be necessary to act as excavators, to dis- place all or any of them at pleasure, and appoint others in their places, and make such rules and regulations for their government as they may think just and proper ; and if any ■person shall act as an excavator without license as aforesaid, within the limits of this city, every person so offending for every such offence shall forfeit and pay a fine of five dollars. Penalty. Sec. 8. The Board of Health shall have power, in case of 1 1 P 11 T nil Malignant the prevalance, or oi reasonable ground to apprehend the diseases. prevalence of malignant disease in this city, to direct specially, . ' ' Cleaning the cleansing of houses, cellars, yards, docks or such other houses. places as the said board shall consider recjuisite or prudent for the preservation of the health of the city or for the mitigation of disease; («) and if any such direction shall not be observed and fulfilled within the time therein prescribed, by the person to whom the same was given, the said board shall order an of- ficer of the board or some other person or persons to carry the same into effect, and the expenses thereof shall be paid by the person to whom the direction was originally given unless the board shall otherwise order, and if payment of the same shall not be made on demand, the Treasurer of the board shall pay the same and shall recover the same with interest and costs from the person who ought to have paid the same, as debts of like amount are recoverable. The said board shall also have power in case of the prevalence, or reasonable ground to ap- prehend the prevalence of malignant disease in this city to es- tablish hospitals, one or more, as they shall deem circum- Hospitals. 780 ORDINANCES. Removal of sick. Paving alleys, etc. Infectious diseases on vessels. Penalty. Quarantine regulations. stances to require, and. to make provision and regulations for such hospitals. (a) See reference to this section on p. 217 of the attorney's brief in the case of Hartman vs. Wilmington, 1 Marv. 215 at p. 217. (yr. 1894) The said board shall also have power in case of the preva- lence of malignant disease in this city, to remove persons suf- fering from contagious or infectious diseases from filthy and noxious habitations, or from noxious or peculiarly exposed places, to other habitations or hospital, whenever two-thirds of all the members of the board shall determine that the faithful care of the health of the city, or of any neighborhood thereof, requires such a measure. Sec. 9. The Board of Health shall have power to order the paving of any alley, court, yard or streets, not owned by the city; provided, that two members of the board shall de- clare such a course necessary for the preservation of the health of the neighborhood ; and if the order of the said Ijoard be not executed within the required time, said board shall have au- thority to have the paving done, and to collect the expenses thereof pro rata, from the parties owning or using such alley, court, yard or street. Sec. 10. The Board of Health shall have authority to or- der the removal of any vessel then having or having recently had any contagious or infectious disease on board, which in the opinion of the board may be the cause of infection or con- tagion, to a point not less than one mile from the city limits under a penalty for refusal to comply with this order of one hundred dollars for evers* hour said order shall not be com- plied with. And whenever the said board shall have evidence which it deems sufficient of the prevalence of any infectious or con- tagious disease in any place in the United States or elsewhere, it shall have power, wdth the concurrence of two-thirds of all the members of the board, to regulate or interdict the inter- course by land and water between such places and this city and neighborhood to the distance of one mile from the boun- ORDINANCES. 781 daries of the city, for the purpose of preventing- the introduc- tion of such disease into this city and neighborhood. The regu- lations or interdictions shall be by proclamation, and it may be confined to the city or extended to the neighborhood. A vote shall be taken in the board at least every tenth day after issuing such proclamation upon the question of continuing it, and if upon such question there shall not be two-thirds of all the members of the board for the continuance the proclama- tion shall expire. If a vote shall not be so taken the procla- mation shall expire at the end of the tenth day from the day exclusively of the vote last taken, whether for the issuing or for the continuance of the proclamation. If any ship, packet, steamboat or vessel shall be brought within the limits of this quamnthie city or within one mile of the boundaries thereof, or if any ^^^^ •goods, wares or merchandise, or any- passenger or other per- son shall be landed or brought on shore within the limits of this city or within one mile of the boundaries thereof, from any ship, packet, steamboat or vessel, or if any goods, wares or merchandise, pa&senger or person landed at a greater dis- tance than one mile from the boundaries of this city with an intention to be brought to this city, shall be brought to this city or within one mile of its boundaries in contravention of any proclamation issued as aforesaid, the master or person having charge of such ship, packet, steamboat or vessel and every owner thereof consenting or being privy to the bringing of the same, and every owner and consignee of such goods, wares or merchandise consenting or being privy to the bring- ing of the same, and all persons aiding and abetting in the premises, shall each forfeit and pay a fine of five hundred dol- Penalty. lars, and the Board of Health shall have poAver to order the immediate removal of such ve&sel, packet, steamboat or goods, wares or merchandise to a distance not exceeding one mile from the boundaries of this city and to charge any officer or other person with the execution of such order, and the ex- penses shall be paid by the master or person having charge of such ship, packet, steamboat or vessel, or the owner or con- signee of such goods, wares or merchandise ; and if such pay- ment be refused the Treasurer of the board shall pay the same and recover the same with interests and costs from any per- 782 Exception; Violations. Penalty. Violations. Penalty. Violations. Penalty. ORDINANCES. son liable, as debts of like amouiit are recoverable. But the master of any ship, packet, steamboat or vessel, or his agent, shall be at liberty to come once on shore for the purpose of consulting a health officer or doing business at the Custom House, employing a suitable boat's crew, provided the crew do not leave the boat and his stay does not exceed two hours. A ship, packet, steamboat or vessel bound to a place above Wilming-ton and passing directly up the creek without unload- ing any goods, wares, or merchandise or landing by any pas- sengers, contrary' to the preceding provisions, shall not be within this ordinance. If any person shall bring or aid in bringing, or supply any carriage, horse or conveyance for bringing to this city, or within one mile of the boundaries thereof, any pei'son or any goods, wares or merchandise in contravention of any procla- mation issued as aforesaid, every such person shall forfeit and pay a fine of three hundred dollars. If any person shall come to or stay in this city or within one mile of the boundaries thereof, in contravention of any proclamation issued .as aforesaid, ever}- such person shall for every such offence forfeit and pay a fine of forty dollars, and the further sum of ten dollars for every twentj'-four hours continuance in this cit}?" or within one mile of the boundaries thereof in contravention of such proclamation. If any person shall entertain, harbor, receive or keep any peraon, goods, Avares or merchandise, coming or brought to this city or within one mile of the boundaries thereof, in contra- vention of any proclamation issued as aforesaid, every such person shall forfeit and pay a fine of forty dollars, and the Board of Health shall have power to order the immediate re- moval of such person, goods, wares and merchandise to a dis- tance not exceeding one mile from the boundaries of this city, and the expense shall be paid by the person having the goods, wares or merchandise in possession or by the owner thereof, and if such payment be denied the Treasurer of the board shall -pay the same and recover the same, with interest and ORDINANCES. 783 costs from any person liable, as debts of like amount are re- coverable. [All medical attendance in cases of Epidemic or Asiatic Ordinance, June 27 1895. Cholera, Yellow Fever, Small-pox, Varioloid, T3T)hus Fever, Medical at- Typlioid Fever. Scarlet Fever, IMembranons Croup and Diph- ca"es ofVpi- theria, shall report in writing- to the Secretary of the Board of sit^J^repm-t Health within six hours after the diagnosis in such case or ^^ ioai-d*^^^ cases occurring between six o'clock A. M. and six P. ]\I., or °.^i^^?^'g*^ within eighteen hours if such diagnosis be made between six ||^q '^^ja^gno- o 'clock P. M. and six A. M., upon such blaulvs furnished by ^^^• the Board of Health for such purpose. Such report shall state name, sex, age, color, nation, residence and duration of dis- ease at time of report. It shall be the duty of everv physician or other person '' . f J 1 Physicians who shall have charge or be in medical attendance upon any siiaii report person afflicted with Cholera, Yellow Fever, Small-pox, Vario- of such loid, Tj^hus Fever, Scarlet Fever, Diphtheria and jMembra- nous. Croup within the limit of this city, or within one (1) mile thereof, after the recovery of such person upon careful and satisfactory examination, to report said fact to the Secre- tary of the Board of Health. It shall be the duty of the Secretar}" of the Board of to notify Health after the filing of said report to notify the Secretary of tary of the the Board of Education of such case or cases. Educat*ion. It shall be the duty of the Secretary of the Board of Edu- No child cation immediately upon notice from the Board of Health to house shall notify the principal of each school of the facts of such disease, to attend as are required by the preceding paragraph, and no child vate'schooL' from said house shall be permitted to attend any public or pri- vate school, or place of public assemblage, or appear on the public streets, or in the parks until after ten (10) days of the death or convalescence of said patient. Any medical attendant who shall fail If any medical attendant or any other persons who are re- ^itiauie^ quired to observe these regulations shall fail to observe and pavl nlfe^ of $15.00. 784 ORDINANCES. comply with the same, he or she shall forfeit and pay a fine of fifteen (15) dollars. Board of The Board of Health are hereby empowered to adopt such xi^elltll 3.YQ ^ ^ ^ empowered means 01 quarantine m contagious or epidemic diseases as in to quarantine .. itttpi- contagious their judgment the health of the citv mav require, and anv diseases. i n p -i -, • t t -,- • * person who shall lail to observe or comply with the directions of the Board of Health in such cases, shall, upon conviction before the Municipal Court, forfeit and pay a fine of twenty (20) dollars. Cleansing premises where nuisance exists. Notice. Refusal to cleanse. Right to enter any premises. Sec. 11. The board, when satisfied after an examination, that any cellar, room, tenement or building within its juris- diction, occupied as a dwelling place, has become by reason of the number of occupants, or want of cleanliness or other cause, unfit for such purpose, and a cause of nuisance or sickness to the occupants, or the public, may direct the owner or owners, or occupants thereof, to have the premises properly cleansed, or if the}^ see fit, require the occupants to remove or quit the premises ^^dthin such a time as the board may deem reason- able. («) If the person or persons so notified, or any of them, neglect or refuse to complj^ with the direction of the board, the board may cause the premises to be properly cleansed at the expense of the owners, or may remove the occupants, forci- bly, and close up the premises, and they shall not again be oc- cupied as a dw^elling place without permission in writing of the board; and if such 0A\Tier or owners refuse to pay the ex- penses incident to the execution of such orders, the Treasurer of the board shall recover the same with interest and costs from the person who ought to have paid the same, as debts of like amount are recoverable. (a) See reference to this provision iu attorney's brief on p. 217 of the ease of Hartman vs. Wilmington, 1 Marv. 21.5. (yr. 1894) TVhenever the Board of Health shall think it necessary for the preservation of the lives and the health of the citizens to enter a place or building within their jurisdiction, for the purpose of examining into and destroying, removing or pre- venting any nuisance, source or filth, or cause of sickness, and ORDINANCES. 785 shall be refused such entry, an}' member of the board may Refusal, make complaint under oath to the [Judge of the Municipal Court.] stating the facts of the case as far as he has knowl- edge thereof. The [Judge of the Municipal Court] shall thereupon issue a warrant directed to any Constable of the, ^^^'''''^"*- county, commanding him to take sufficient aid, and being ac- companed by two or more members of the Board of Health, between the hours of sunrise and sunset, repair to the place where such nuisances, source of filth, or cause of disease may exist, and the same destroy, remove or prevent, under direc- tion of such members of the board. Sec. 12.^ It shall not be lawful hereafter for any ceme- Disinterment tery company or superintendent of any cemetery or burial °* 'todies. place, to disinter and remove from the grounds or enclosures of said cemetery or burial place, the remains of any person who may have died of small-pox or other infectious or contagious disease, within six months immediately preceding the time of such disinterment. Before any disinterment and removal shall take place, ®^™' ■ the superintendent of the cemetery or burial place, or the per- son acting as superintendent or grave-digger, shall first have in his possession a written or printed permit therefor, duly signed by the Registrar of Deaths and Burials, setting forth the name, time of death, and nature of the disease of the per- son to be exhumed and removed. It shall not be lawful for any railroad, steamboat or trans- Bringing dead bodies portation company, or for any person or persons, by either into city. public or private conveyance, to bring into this cit}'^ the re- mains of any person who may have died of any infectious or contagious disease, within a period of six months immediately preceding the time of such conveyance, and at no time there- after, unless a permit, as provided for in the second para- graph of this section, shall be first had for that purpose. ^ * '^ * '" * '■ ..WW Ordinance of Feb. 2, 18SS. The burial of all persons having died within the limits of Private the city from Epidemic or Asiatic Cholera, Yellow Fever, ^"''^^^• 1. As to Sec. 12, see p. 792 of tliis volume. 786 ORDINANCES. De'c"^3"*is"97 ''^^^ll-pox, Scarlet Fever ( * * ) Diphtheria [or Membra- nous Croup] shall be private, and. shall take place within Ordinance [thirty] hours after death without any exposure of the body to public view. Amendment, [In all cascs of violation of any of the provisions of this Feb. 2, 1888. section the party or parties so offending shall upon proof Penalty. thereof, before the Municipal Court, be fined fifty dollars for each offence.] Weeds on vacant lots. Sec. 13. If the owner, agent or tenant of any vacant lot within the city limits shall allow weeds or rubbish to collect thereon, and shall refuse or neglect to remove the same with- in five days after receiving notice from an Executive Ol^cer of the Board of Health, such owner, agent or tenant shall be subject to a penalty of five dollars for such refusal or neglect, with an additional penalty of one dollar for each day the nui- sance is permitted to remain after the expiration of the notice. [Sec. 14.]* ******** street scrapings. Privj' wells in cellars. Penalty. Sec. 15. It shall not be lawful for the Street Commis- sioner or any person in his employ, or any other person, to use the scrapings and sweepings of the public streets in fill- ing up other streets, in localities where such deposits will prove detrimental to the health of the neighborhood, nor shall any such scrapings or sweepings be placed on any vacant lot. Sec. 16. It shall not be lawful for the owner or tenant of any house now erected or that may be hereafter erected within the limits of the city, to dig a sink or privy well in the cellar of said house. Any person violating the provision of this sec- tion shall be liable to a penalty of twenty dollars. Sec. 17. All fines and penalties imposed by the provi- Fines, etc. sions of this Ordinance shall be collected before the [Municipal Court] at the suit of any officer or member of the Board of Health. ORDINANCES. 787 Sec. 18. All ordinances, or parts of ordinances, incon- sistent with or contrary to the provisions of this ordinance, be and the same are hereby' repealed, made null and void. Original Act. Passed at City Hall, April 15, 1856. AN ORDINANCE to provide for the more effectual protec- tion of the public health of this city. Be it ordained, by The Council of Wilmington. Section 1. Upon receipt by the Secretary of the Board taln^diseases of Health of a report from a pliysician of the existence of a carcfed.^" case of Scarlet Fever, Diphtheria, Diphtheritic Croup or Membranous Croup, he may at once place or caused to be placed in a conspicuous place or places upon or near the house or premises in -which said case may be located, a placard or placards, to be no larger than six (6) inches by nine (9) placard, inches, upon which shall be printed in large letters the name of the disease from which the person or persons in said house or premises may be suffering, as the case may be. Sec. 2. All cases that shall be reported as Diphtheritic Croup or Membranous Croup shall be placarded as Diph- theria. Sec. 3. The placard or placards shall remain on the house how long '■ ^ placard to or premises until after the attending physician has reported remain, to the Secretary of the Board of Health that the patient has entirely recovered or until after the death and burial of the patient, and the house or premises has been thoroughly fumi- . gated by an oiBcer of the Board of Health. Sec. 4. In any case where such placard or placards are Penalty for removed, covered up, defaced or destroyed, the party or par- or defacing, ties so off'endiug, shall, upon conviction thereof before the Municipal Court, forfeit and pay a fine of ten (10) dollars. Approved December 16, 1903. 788 ORDINANCES. AN ORDINANCE concerning nuisances injurious to the lieaUli of the city. Section 1. * * * * * * * * It shall not be lawful for any person to cleanse, or cause to be cleansed, any privy well in this city during the months of July and August, unless such privy well shall have been cleansed within two months previously without having first obtained from the Secretary of the Board of Health a permit, authorizing the same to be done, for which he shall pay to the Secretary for the use of the city the sum of two dollars, and every person so offending shall be guilty of a common nui- sance, and shall be liable to a fine of five dollars, to be im- posed by the [Municipal Court.] If any person suffer the gutter before the house or other building, or improved or inclosed lot in his or her possession within the limits of this city, between Tatnall and Walnut streets, inclusive of said streets, to remain obstructed, or if any person shall suffer water to stand upon or over the sur- face of any cellar in his or her possession within said limits, inclusive as aforesaid, for the space of forty-eight hours, or if any person shall suffer the cellar, yard or stable in his or her possession within the limits of this city, to be in an offensive state, every person so offending shall be guilty of a common nuisance, and for every such offence shall forfeit and pay a fine of four dollars. Provided, that in case of a cellar with M'ater standing («) upon it, two members of the Council or of the Board of Health shall have first declared it to be a nui- sance. (fl) In case of prosecution under the above ordinance the charge should be in the language of the ordinance. If a cellar have water * ' standing upon it, ' ' it should be so charged, and not simply be a charge of a "wet cellar." (215) (Attorney's brief.) Hartnian vs. Wilmington, 1 Marv. 215 at 217. (yr. 1894) Sec 2 ###****** Duties of In respect to the vaults of privies already sunk near to owners of ^ x ^ privy lots of other persons, it shall be the duty of the owner, and also the holder of the property to which every such privy ap- pertains, to secure and keep the vaults of the same in such a Privy wells, cleaning thereof. Permit. Penalty. Gutters ob- structed or filthy. Stagnant water on surface of lots or in cellars. Yards or stables in offensive condition. Penalty. Proviso. ORDINANCES. 789 manner that the contents shall not ooze or pass into the ad- pj'i^^jfj^'^us^/ joining property, and in default thereof, every such owner o°*a^°of,-,°"g and holder shall forfeit and pay a fine of five dollars, and property. . Penalty, further fine of one dollar, for every day on which such con- $5.00. tents shall ooze or pass into such adjoining- property after the giving of judgment or sentence for the first time. A tenant incurring expense to secure or keep a vault as Tenant. aforesaid shall have a right to make from the rent a just de- duction. Sec. 3. («) From and after the passage of this ordinance slaughter it shall not be lawful to build or construct a slaughter house, for the purpose of slaughtering cattle, sheep, swine or calv&s. within the limits of this city, without permission first had and obtained for that purpose from the City Council. (a) See Sec. 4, p. 775 of this volume (amendmeut of 1SS2), prac- tically repealing the above Sec. 3. All slaughter houses now or hereafter erected, shall, with- Floors of ° ' ' _ slaughter in thirty days after the pasage of this ordinance, be furnished houses. with either a tight two-inch oak floor, laid in mortar or a paved brick floor, the bricks to be placed on edge, and whether said floor be of plank or of brick, it shall have a gradual de- scent to a point, where the blood and garbage will be received in some suitable vessel placed there for that purpose ; and Removal of further, said vessel as aforesaid, shall be emptied of its con- ^}^o^o^|^'i tents at some point without the limits of the city, at least three times a week, from the first day of INIay to the first day of No- vember inclusive, and from the first day of November to the first day of ]\Iay, at least twice a week in like manner. Any person or persons violating the provisions of this or- Penalty. dinance, shall be guilty of a common nuisance, (") and shall forfeit and pay the sum of five dollars for the first offence, and a further sum of five dollars for every twenty-four hours that the said nuisance is allowed to remain on the premises aftei' ^. '- Ordinance, being notified to remove it by the [District] Constables. Juiys, i873. (fl) Slaughter houses (since the amendment of 1882) cannot now 790 ORDINANCES. be constructed "for the purpose of slaughtering cattle, sheep, swine or calves within the limits of the city." (Sec. 4, p. 775 of this volume.) And if used for any purpose other than the above, they must not become a nuisance to the neighborhood. Comegys, C. J.: "If one were to erect a * * slaughter house * * in a town, and a few people only in that immediate neighborhood were annoyed by it, there would be no indictable offense; if the annoyance extended to those generally about there, the owner would be indictable, although in point of fact only a small neigh- borhood of the town, for example, a single square, where there many squares, was within the scope of the foul smells. ' ' State vs. Luce et al, 9 Houst. 396 at 399. (yr. 1885) The Council, if it so desired, without express authority from the Legislature, could not permit one to create, or continue, a nuisance, id. 397-8. Inspection. j^n slaughter houses as aforesaid, shall be liable to the in- spection of the [District] Constables, whose duty it is hereby declared to be, to visit each and everv^ slaughter house within the limits of this city, once a week, from the first day of May to the first day of November, and report the circumstances to the ]\Iayor, and for each and every neglect of this duty, he shall be fined the sum of five dollars. Notice for removal. Fines. It shall be the dutj' of the Mayor, upon the report of the [District] Constables of the existence of a nuisance as afore- said, to issue notice forthwith, requiring its removal. (") (a) The Board of Health has full charge of all the above matters. The fines, forfeitures and penalties accruing under this ordinance shall be recovered before the iMunicipal Court of this city. All ordinances, and parts of ordinances, inconsistent here- with are hereby repealed. Passed at Citv Hall. October 13, 1856. AX OBDIXAXCE providing for general gratuitous vaccina- tion. Ordinance. SECTION 1. [For vaccine purposes the city shall be di- Dec. 28, 1882. y{^Q(^ jj^j-^ fg^^j, parts, as follows, to wit : j^.g^^..^^ The First district shall be all of that part of the city south of Sixth street, extended easterly to the city line, and ORDINANCES. 791 east of ^Market street extended southerly to the city Hue ; the Second district shall be all that part of the city south of Sixth street extended westerly to the city line, and west of Market street extended southerly to the city line; the Third district shall be all that part of the city north of Sixth street extended to the city line easterl.y, and east of Market street extended northerly to the city line ; the Fourth district shall be all that portion of the city north of Sixth street extended westerly to the city line, and west of jMarket street extended northerly to the city line.] Sec. 2. There shall be elected at the first stated meeting ^^ff^^^^^ of Council in each year [four] public officers to be called Vac- Election cine Physicians, one for each of the districts, whose terms of s|\™,?^^ office shall continue for one year ; the salary of each sliall be ordinance [one] hundred dollars per annum, payable upon the full and ^®^- -^' ^^^^• satisfactory fulfillment of their duties as by this ordinance prescribed. Sec. 3. It shall be the duty of each Vaccine Physician to Duties. vaccinate or revaccinate all persons who may call upon him, if they reside in his district and are not protected by va(!cina- tion ; it sliall also be his duty to make quarterly visits through Quarterly his district for the purpose of ascertaining faithfully wher(^ there are any unprotected poor persons, and to vaccinate or revaccinate all such as are not unwilling to have it done. Sec. 4. The vaccination or revaccination must be per- Manner of formed in the most skillful and professional manner, and each subject vaccinated must be seen by the physician, if possible, twice after the insertion of the matter. Sec. 5. It shall be the duty of each Vaccine Physician to Annual report to Council at the end of each year the name, age, color ^^^°' ' and residence of each person he has vaccinated or revaccinated during the year. Sec. 6. It shall be the duty of each Vaccine Physician, official sign, within one week after his election, to have placed upon the 792 ORDINANCES. outside of his office, a sign, with the words "City Vaccine Physician" plainly painted thereon. Vacancy. Sec. 7. Any vacancy in the office of Vaccine Physician, from death, resignation or otherwise, shall be filled by the Council only for the remainder of the term. Passed at Citv Hall, Feln-uarv 9, 1860. AX ORDINANCE concerning the introduction and removal of dead bodies within the limits of the city} Section 1. That it shall not be lawful hereafter for any cemetery company or superintendent of any cemetery or burial place to disinter and remove from the grounds or en- closures of said cemetery or burial place the remains of any person who may have died of small-pox, or other infectious or contagious disease, within six months immediately preceding the time of such disinterment. Permit. Bringing dead bodies into city. Permit. Penalty. Sec. 2. That before any disinterment and removal shall take place the superintendent of the cemetery or burial place, or the person acting as superintendent or grave digger, shall first have in his possession a written or printed permit there- for, duly signed by the Registrar of Deaths and Burials, set- ting forth the name, time of death and nature of the disease of the person to be exhumed and removed. Sec. 3. That it shall not be lawful for any railroad, steamboat or transportation company, or for any person or persons by either public or private conveyance, to bring into this city the remains of any person who may have died of any infectious or contagious disease within a period of six months immediately preceding the time of such conveyance, and at no time thereafter, unless a permit as provided in the second sec- tion of this ordinance shall be first had for that purpose. Sec. 4. That in all cases of violation of any of the pro- visions of this ordinance the party or parties so offending 1. See p. 785 (Sec. 12) of this volume. ORDINANCES. 793 shall, upon proof thereof before the [j\Iiinicipal Court.] be fined fift}' dollars for each offence. Passed at City Hall, May 7, 1874. AX ORDINANCE providing for the appointment and pre- scribing the duties of the City Registrar} Act of March Section 1. There shall be appointed on the first Thnrs- Rel'jgtrar day in July, A. D. [1886], and on the first Thursday in Jul}" Act of April in each fifth year thereafter, a City Registrar, («) who shall be Registrar of Deaths, Births and Marriages, and the Secre- tary of the Board of Health. He shall receive, as Registrar of Births, Deatlis and Marriages, a salary of eight hundred Salary, dollars per annum. (a) In 1891 one Lee was ousted from the above named office by one Colquhoun, and Lee brought an action of assumpsit against the city for salary. As he had not previously tested and established his right to the office by quo warranto proceedings, the Court held that he could not re- cover. Marvel, J.: If * * " Lee desired to maintain his action of as- sumpsit against the defendant" (city) "for the amount of the salary of said office * * he should first have had his right to the office passed ui>on by a competent tribunal in a proceeding for that purpose. ' ' Lee vs. Wilmington, 1 Marv. 65 at 72. (yr. 1893) (See Sec. 108, "a" of the Charter.) The duties of the said City Registrar, in addition to those f'3^\g83^f7'' defined in the section of the Act of Assembly above recited, ^- ^- ^'^^■ shall be as follows, viz : He shall, in keeping the record of deaths, births and mar- -q^^i^^ riages, as provided aforesaid, record names, dates, ages, sex, color, nationality and other statistics as hereinafter provided. He shall keep on hand, at all times, suitable blanks to secure uniformity and despatch in the registration hereinafter pro- vided, and shall supply said blanks free of cost to all physi- cians, midwives, householders, coroners, clergj-men. magis- 1. For the appointment of City Registrar, see Sec. lOS of Charter as amended. 794 ORDINANCES. Report. Report to be sent to Council. trates or other persons who are by law required to report vital statistics to the Registrar's office. He shall, during the month of January in each year, make a report to the Board of Health containing all matters of in- terest pertaining to his office, including classified tables of deatlis, births and marriages during the previous year, to- gether with such recommendations as he may deem proper. The Board of Health shall transmit this report to the City Council, together with such other reports or recommenda- tions as it may consider necessary, or that may hereafter be provided for. Office hours. The office hours of the said City Registrar shall be from 9 o'clock A. M., till 12 o'clock noon, and from 2 to 5 o'clock, P. M., daily, Sunday excepted. Duty of clergy, etc.. solemnizing marriage. Duty of physicians and mid- wives to register. Removal. Exceptions. Report of births. Sec. 2. It shall be the duty of clergymen of all de- nominations, also every magistrate, and of ^ other persons by or before whom any marriage may hereafter be solemnized or contracted, and of every practicing physician and of every practitioner of midwifery, on or before the first day of Sep- tember next ensuing, to report his, her or their names and places of residence to the City Registrar, and it shall be the duty of said Registrar to have the same properly registered in index form in suitable books, in the event of any of the per- sons above specified removing to any other place of residence, it shall be their duty to notify the City Registrar of the fact within thirty days after such removal, except when the per- sons removing shall cease to act in such official capacitv^ as makes them subject to the provisions of this ordinance. Sec. 3. It shall be the dut}^ of the physician, parents of the child, midwife, or one of them, within ten clays after the birth of any child to file notice thereof with said Registrar, such notice to contain a full, truthful and complete statement of all such facts as may be required by the Registrar, and to be filled out and written in and upon such blank or blanks as mav be furnished bv the Registrar. ORDINANCES. 795 Sec. 4. It shall be the duty of every physician who has f^^^^^ ^^ attended any person, deceased, during last illness, or in case there shall have been no attending physician, then it shall be the duty of the householder, in whose family any death occurs, and in case of any inquest being had, it shall be the duty of the Coroner holding such inquest to make return to said Reg- istrar of the facts of such death. Such return to be in writing, and to contain a full, truthful and complete statement of all such facts as may be required by the Registrar, and to be filled out and written in such blank or blanks as may be furnished by the Registrar. Upon the return of such certificate the said Registrar shall issue a permit, signed by him, authorizing the p "/iJ^\s. removal for burial of the body of the person deceased; and no keeper of any hearse, hackney coaches, or other person, shall receive, carry or convey said body from any premises, and no undertaker or other person shall remove, or assist in the carry- ing or conveying of said body from any premises, and no Sex- ton, undertaker or other person, shall bury or assist in the burial of any body except upon production to him or them of such certificate, duly issued by the Registrar. It shall be the duty of any undertaker or other person, before they shall re- move any dead body from the city, to obtain a health permit removal of^ from the Registrar, and to file a notice containing a full, truth- ^°^^^^- ful and complete statement of all such facts as may be re- quired by the Registrar, to be filled out and written on such blank or blanks as may be furnished by the Registrar. Sec. 5. It shall be the duty of every clergyman and every j^eports of magistrate and every other person, by, or before any mar- marriages, riages may be solemnized or contracted, to make a faithful re- turn of the same within ten days thereafter to the City Reg- istrar, in the form of a certificate, which shall set forth, as far as the same can be ascertained, the full name of the husband, his occupation, the place of his birth, his residence and age, the date of marriage, the full name of wife, previous to said mari'iage, and her age, the color of the parties, and the place where and the name of the clergyman or other person by whom the marriage ceremony was performed, and the wit- nesses, if any, to such marriage ceremonj^ 796 ORDINANCES. books*'^*rnf ^^^- ^- ^^ orcTei* to secure uniformity and despatch in o^- the registration herein provided for, the books shall contain upon the margin of each page, printed titles, with correspond- ing blanks for suitable entries for marriages and births in the order, to wit: Marriages, full name of husband, occupation, residence, (birthplace,^) age, when married ; full name of wife previous to marriage, residence, birthplace, age when married, time of marriage, color of parties, ceremom" employed, name of person performing the marriage, residence of the last named person, and witnesses to such marriage, date of certifi- cate, date of registration. Births, full name of the child, sex, color, full name of the father, his occupation ; full name of mother, day, month and year of the birth, street and number of house where born, name of physician or other person sign- ing certificate, his residence, date of certificate, date of regis- tration. Penalty ^i^C 1. Any person neglecting or refusing to comply with any of the pro\'isions of this ordinance, and any person violat- ing any of its provisions, shall be subject to a fine of ten dol- lars for every such violation or neglect or refusal, to be re- covered before the [^Municipal Court,] in the name of the Reg- istrar, and paid into the city treasury. Sec. 8. The said Registrar shall be provided with a seal of ofSce, and for furnishing a certified copy of any record of his office, under hand and seal, he shall receive a fee of fifty cents, to be paid by the parties applying for the same. Passed at City Hall, June 27, 1881. AX ORDIXAXCE to provide for the collection and removal of garbage. Be it ordained, by The Council of Wilmington. Section 1. That as soon as practicable after the passage of this ordinance, The Council («) of "Wilmington shall by 1. So in original. ORDINANCES. 797 contract provide for the collection and removal of gai'bage fj^j^o'^^j^y^'^ from the dwellings, buildings and other places within the ^^i'^^^*^- limits of the Citj^ of Wilmington, to such place as shall l)e se- lected for the garbage disposal plant of said cit}'. (a) See note "a" to Section 3 of this ordinance. Sec. 2. Such contracts shall be for a term ending on the ° Term of thirtA'-first day of May, A. D. 1909. contract. Sec. 3. The Council («) shall, during the month of ^lay, A. D. 1909, and during the month of May every third year future con- thereafter, award contracts for the collection and removal of garbage as hereinbefore provided for, for a term of three years beginning on the first day of June thereafter. (fl) The ordinance expressly says that "The Council" shall award the contracts. The Mayor has nothing to do with them, and when ' ' The Council" awards the contracts, it is the Mayor's duty to sign the same and affix the corporate seal of the city to them. The Council awarded garbage contracts. The Mayor refused to sign them. Lore, C. J.: "As the ordinance vests in the Council the exclusive right to determine any alleged failure of performance and award these contracts, and the function of the Mayor in signing and affixing the seal of the city is merely ministerial, we think that he ought to do it." McCormick vs. Fisher, 5 Penn. 273 at 276. (yr. 1903) Sec. 4. Contracts awarded under this ordinance shall be ^ , Contract to let to the lowest and best bidder or bidders after advertise- lowest and best bidder. ments inserted two times each week for at least two weeks in each of two daily newspapers published in the City of Wil- mington and the last advertisement shall not be less than five days before the last day on which bids will be received. The Council shall also have authority to advertise for bids in such other newspapers, journals or periodicals as it may by resolu- tion direct. Sec. 5. The word "garbage" shall include all kitchen Garbage and table waste of an animal or vegetable nature, swill, offal, vegetables, fruits, meats, fish, bones, fat, carrion, market refuse, cats and dogs, all putrescible matter, both solid and liquid, animal and vegetables, which may result from the preparation of meat, fish, fowl and vegetables of any charac- ORDINx\.NCES. ter, or which may be caused by the decay of foodstuffs or by handling, storing or dealing in the same. Garbage to be removed by contrac- tors. Garbage to be taken to disposal plant only. Penalty. Sec. 6. All garbage that may accumulate in any public place, or which shall be placed in receptacles at a convenient and accessible place, shall be collected and removed by the contractors to the disposal plant, and any contractor, or the officer, agent or employees of such contractor, or any other person, who shall transport any garbage to any place other than the disposal plant or who shall sell or otherwise dispose of such garbage, shall, upon conviction in the Municipal Court of the City of Wilmington, forfeit and pay a fine of not less than five dollars nor more than fifty dollars for each and every such violation of this section. Mixing ashes Sec. 7. Any person who shall wilfully place any ashes, ^ohibfted." rubbisli, waste paper, or other substance not above described or defined as garbage, in any receptacle with garbage that is to be collected by the contractor, shall, upon conviction in the Municipal Court of the City of Wilmington, forfeit and pay a fine of one dollar for each and everj' offence. City divided into four collection districts. Sec. 8. The collection districts of the City of Wilming- ton shall be four in number divided as follows : The First District shall include all that part of the city east of jNIarket street and soiith of Sixth street. The Second District shall include all that part of the city east of Market street and north of Sixth street. The Third District shall include all that part of the city west of Market street and south of Sixth street. The Fourth District shall include all that part of the city west of jNIarket street and north of Sixth street. Time of col- lection of garbage. Sec. 9. From June first to October fifteenth in each year, all garbage shall be collected at least three times each week, and from October fifteenth to June first, collections shall be ORDINANCES. 799 made at least two times each week. When collections are made but thi*ee times each week, such collections must be on alter- nate week days, and when collections are made but two times each week, noteless than two full days must intervene between such collections. Whenever any contractor under the provi- sions of this ordinance shall neglect or refuse to collect th^ Pj^^^^jJJ^" ^®^j. garbage in his district according to the requirements of this Boardof*'^^' section within six hours after being notified so to do by the ^®fect^ ^^^^^ Board of Health of the City of Wilmington, said Board of Health shall cause such garbage to be collected and removed to the disposal plant, and the Secretary of said Board shall certify to the Council, on the first meeeting night in each month the number of collections made b}^ said Board of Health from each district during the preceding calendar month, and the Council shall deduct from any monej's due the mak'e^dedifc- respective contractors, the sum of fifty cents for each collec- amount°due tion so made b}' the Board of Health in each district. contractors. Sec. 10. The contractor shall not be required to remove . . Limit in a greater quantitv of garbage than one barrel each regular amount of . " garbage. collection day from any one dwelling or building except from from each •^ "^ * /. building. restaurants, apartment houses and hotels, but the occupant of such dwelling or Ijuildiug, except where such building be a restaurant, apartment house or hotel, shall be required to have all garbage in excess of such amount transported to the dis- posal plant, and upon failure to have such excess garbage Failure to transported as above provided for within forty-eight hours surplus, after the same shall have accumulated, such occupant shall, upon conviction in the Municipal Court of the City of AVil- mington, forfeit and pav a fine of one dollar for each and „ ° ' ^ ' Penalty. everj^- offence. Sec. 11. All garbage shall be collected in carts with close Metal carts, covers and the bodies of such carts must be water-tight and of solid metallic construction. Each of said carts shall have placed thereon in letters and fignires at least six inches high, painted on each side thereof, the words "City Garbage Cart" bage^cart" with the number of the district and cart, and upon failure of °"' ^^^^ ^^^^' the contractor to comply with any of the provisions of this sec- tion, he shall, upon conviction, forfeit and pay a fine of five pp^j^j^y 800 ORDINANCES. dollars, and an additional fine of two dollars for each day such violation shall continue. Ordinance. April 1. 1909, Carts must be kept closed. Contractors bonds. Certified check with bids. ^[Any officer, agent or employee of such, contractor, or any other person, who shall collect such garbage, shall at all •times while engaged in the collection thereof, (and except w^hen in the act of emptying garbage into the garbage carts) keep the lid or lids of such carts closed, and upon failure so to do, the person so offending shall, upon convictfon in the Mu- nicipal Court of the City of Wilmington, forfeit and pay a fine of not less than one dollar or more than five dollars for each and every offence.] Sec. 12. The person, firm or corporation to whom con- tracts shall be awarded under the provisions of this ordinance shall be required to enter into bond with surety to be approved by the ]Mayor and President of Council in the sum of two thousand dollars, said bond to be conditioned for the faithful performance of the contract. Sec. 13. All proposals for the performance of the work required under this ordinance shall be accompanied by a cer- tified check on a bank or trust company doing business in the City of Wilmington for the sum of two hundred dollars for each and every district as a guarantee for the proper execu- tion of the contract. Each em- ployee must wear badge. Penalty. Sec. 14. Each employee of the contractor while engaged in collecting garbage shall be designated by a number plate which shall be plainly displayed bj- said employee, and if such employee shall violate the provisions of this section Avhile en- gaged in the collections of garbage, he shall, upon conviction, forfeit and pay a fine of one dollar for each and every offence. ^ ^ ^ Sec. 15. Contractors awarded contracts under the provi- Contractors _ -^ when paid, gious of this Ordinance shall be paid for such w'ork on or be- 1. This amendment does not appear in the ordinance book of Council as having either been passed by the Council or approved by the Mayor, but the minutes of the Council on April 1, 1906, show that it was passed on that date. ORDINANCES. 801 fore the second meeting night of the Council in each month for the preceding calendar month. Sec. 16. It shall be the duty of the Board of Health to g^i^^^of enforce the provision of this ordinance in the manner herein Health, provided. Sec. 17. All ordinances or parts of ordinances inconsist- ent herewith are hereby repealed.^ Approved April 26, 1906. AN ORDINANCE to provide for the sanitary disposal of gar}) age} Be it ordained, by the Council of Wilmington. Section 1. That as soon as practicable after the passage contract for ^ • sanitary of this ordinance The Council («) of Wilmington shall by con- disposal of tract provide for the sanitary disposal of all garbage collected within the limits of the City of Wilmington, such contract or contracts to be for a term ending on the thirty-first day of . May, A. D. 1915. (a) See Sec. 3, "a," p. 797 of this volume. Sec. 2. The Council («) shall during the month of May, when A. D. 1915, and during the month of May every ninth year thereafter, award contracts for the sanitary disposal of gar- bage for a term of nine years beginning on the first day of June thereafter. [a] See note "a" to Sec. 1 of this ordinance. Sec. 3. Contracts awarded under this ordinance shall be Advertising let after advertisements inserted two times each week for at least two weeks in each of two daily newspapers published in the City of Wilmington and the last advertisement shall not be less than five days before the last day on which bids will be received. The Council shall also have authority to ad- 1. The awarding of contracts for the collection and disposal of gar- bage is now made by the Board of Health, and the said Board has full control and management of the city crematory. This ordinance, and the two following, are retained because the Act of the Legislature referring to the matter, prescribes that the contracts shall be awarded. &c., "in the manner now prescribed by ordinance" See pp. 138-139 of the Charter, and the Act of March 25, 1907, 24 D. L. p. 347. 802 ORDINANCES. Bids must describe methods. Discretion in Council. vertise for bids in such other newspapers, journals or periodi- cals as it may by resolution direct. Sec. 4. Each bid must be accompanied by a complete de- scription of the method, scheme or sj^stem of disposition or utilization to be pursued, such description to be accompanied by complete plans and specifications, and such plans and specifications shall set forth the methods to be used, the re- sults to be accomplished and the location of the disposal plant. Sec. 5. The Council («) shall have the right to award the contract under that proposal, the acceptance of which will, in the judgment of The Council, best secure the efficient per- formance of the work ; and shall also have the right to reject any and all bids. (o) See note "a" to See. 1 of this ordinance. Contractor Sec. 6. The Council shall have the right to permit the crematoiT. ^ Contractor to use the City Crematory and may authorize the same to be altered in such manner as shall be necessary to con- vert the same into a disposal plant. Council may Sec. 7. Provisions may be made in the contract and spe- disposai cifications by which the Council will have authority to pur- chase the disposal plant at the termination of the contract. Certificate of surety company must accom- pany bids. Definition of "garbage disposal." Sec. 8. Each bid or estimate shall be signed by the bidder and shall be accompanied by a certificate of a surety company authorized by law to act as surety in the State of Delaware, signifying the consent of said surety company to act as surety for said bidder for the faithful performance of the contract. The qualifications of such surety company and the amount of bond required shall be determined by Council. Sec. 9. By "garbage disposal" it is intonded to provide for all kitchen and table waste of an animal or vegetable na- ture, swill, offal, vegetables, fruits, meats, fish, bones, fat, car- rion, market refuse, dead animals, such as cats and dogs, all putrescible matter both solid and liquid, animal and vegetable, which may result from the preparation of meat, fish, fowl and vegetables of any character, or which may be caused by the decay of foodstuffs, or by handling, storing or dealing in the ORDINANCES. 803 same, as clear of all ashes or rubbish as it is possible to keep the same. Sec. 10. Each bidder shall present, separately with his Certified 1-1 -r-TTi -, ^ T. I- Check to ac- bid, a certmed check on a bank or trust company doing busi- company ness in the City of Wilmington for the sum of five hundred dollars as a guarantee for the proper execution of the contract. Sec. 11. It shall be the duty of the Board of Health to Duty of enforce the provisions of this ordinance in the manner herein Hea\th° provided. Sec. 12. The Council shall have power to make any other provisions in the contract not inconsistent with the charter and ordinances of the City of Wilmington. Approved April 26, 1906. AN ORDINANCE to amend an ordinance, entitled "An Ordi- nance in Relation to the City Crematory."^ Strike out all after the enacting clause in said ordinance ... p T f. 11 " Amendment. and insert in lieu thereof the following : Be it ordained, by the Council of AVilmington. Section 1. That when accepted by the Council, the Cre- matory near the intersection of West Liberty street and Madi- son street extended, shall be known as the City Crematory, and shall be under the management and supervision of the i^-j^^er man- Council of the City of Wilmington. Council.' "^ Sec. 2. The Council at its- first stated meeting in the month of May, 1898, and bienniallv thereafter, shall elect a To elect . ' ~ . superinten- Superintendent of the Crematory and three assistants, one of dent and as- sis tflj Tits whom shall act as watchman. The Superintendent shall have general supervision of the cremation and burning of the offal * ^ „ . To keep ac- and garbage, he shall keep an accurate account of the weight count of . . ... weig-ht of of each load of garbage and the district from ^vhich it is gath- garbage, ered, and report the same to the Council and the Board of Report. 1. See Vol. 20, p. 677, Act May 6, 1897. 804 ORDINANCES. Health on the first stated meeting in each month, and he and his assistants shall perform such other duties as the Council may direct. Sec. 3. The Superintendent of the Crematory shall re- saiary. ceive as his salary seven hundred and twenty dollars per an- num; the three assistants shall receive six hundred dollars each, per annum. Said salaries to be paid in the same manner as other salaries are now paid. Sec. 4. The said Superintendent and assistants shall be under and subject to such rules and regulations asi the Council may hereafter adopt for the management of the City Crema- tory. Unlawful to place waste on streets. Committee to advertise for coal. To dispose of ashes. Sec. 5. After the passage of this ordinance it shall be un- lawful to place upon any street, lane, alley or vacant lot with- in the city limits any waste from market houses, commission merchants, grocery stores, fruit stands or other places, but the same shall be removed to the City Cremator}- and there destroyed as the city garbage. Sec. 6. As soon as the City Cremator j' shall have been accepted by the Council, and annually in the month of July thereafter, the Crematory Committee of Council shall adver- tise in two newspapers for proposals to furnish coal in such quantities as may be required, and the said Council shall award the contract in the name of the Mayor and Council of Wilmington to the lowest and best bidder. Sec. 7. The Council shall dispose of the ashes to the best advantage, and any money arising from such sale shall be de- posited with the City Treasurer. Sec. 8. All persons offending against the provisions of this ordinance, shall, upon conviction before the Municipal Court, forfeit a fine of not less than five dollars nor more than Penalty. twcnty-five dollars to be paid in the city treasury the same as other fines are now paid. ORDINANCES. 805 Sec. 9. All ordinances or parts of ordinances conflicting "vvith this ordinance be and are hereby repealed.^ Passed at the City Hall Jnne 24, 1897. Depth of AN ORDINANCE concerning the burial of dead persons within the City of Wilmington. Section 1. If any person or persons shall hereafter bury or cause to be buried, any person within the limits of this city of and under six years of age, at a less depth than four feet, over sis and not exceeding twelve years, at a less depth than slaves five feet, and over twelve years at a less depth than six feet, city limits. he, she or they so offending shall be guilty of a common nui- sance, and upon con\dction thereof before the [Mimicipal Court] shall each forfeit and pay a fine of not less than two dollars and not exceeding ten dollars, and shall suffer impris- onment until the fine and costs are paid. Passed at City Hall, February 17, 1845. AN ORDINANCE to provide for the inspection of meats. Section 1. It shall be unlawful to sell, expose or offer for Saie of un- ' ^ sound meat, sale in the City of Wilmington for food any cattle, sheep, etc.. uniaw- swine or other animal, fish or fowl, or the flesh thereof, which by reason of any injury, defect, disease, taint, adulteration or other cause is unfit or unwholesome for food or dangerous to the public health, and the exposure of the same at any market place, store, stall or place where articles for food are sold. shall be prima facie evidence of the violation of the provisions of this ordinance. Veal less than four weeks old when killed '^'^^'• shall be deemed unwholesome, and the sale or oft'ering for sale of the same shall be unlawful. Sec. 2. No person shall sell or offer for sale anv unwhole- unwiioie- . ' some meat. some meat or the flesh of any dead annual which was sick, or 1. See ordinance approved April 26, 1906. entitled "An ordinance to provide for the Sanitary Disposal of Garbage." p. 801 this volume. 806 ORDINANCES. which died a natural death, or was killed by accident; nor shall any person sell, expose or offer for sale any putrid, blown or unsound meat. Unlawful to bring in or sell diseased meat. Evidence. Condemned meat. Pregnant animals. Violators how pun- ished. Fine. Disposal of condemned meat. Sec. 3. No person shall bring into this citj', or sell, or of- fer for sale, any cattle, sheep, hog or lamb, nor any meat, fish, game or poultry that is diseased, unsound, unwholesome, or that for any reason is adjudged to be unfit for human food. The fact of any cattle, sheep, hog or lamb being in any stock yard for slaughter shall be sufficient evidence that the same is being exposed there for sale; and the fact that the carcass of any cattle, hog, sheep or lamb, or any part thereof, is found in any slaughter house or any public or private market place, dressed and prepared as such meats usually are for market, shall be deemed sufficient evidence that the same is on sale; and no animal, or any part thereof, or any fish, game or poul- try that has been examined and condemned by the inspector shall be held, sold or offered for sale for human food in any market or place in this city, and the same when condemned shall be sprinkled with coal oil b}' the inspector. Sec. 4. No person shall kill any cow, sheep or hog that is pregnant ; nor shall any animal be slaughtered while it is in an overheated or feverish condition; and the meat of any such animal shall not be held, sold or offered for sale for human food in any market or elsewhere in this city. Sec. 5. If any person shall violate any of the provisions of the preceding sections of this ordinance, upon conviction thereof before the Municipal Court for the City of Wilming- ton he shall forfeit and pay a fine of not less than twenty dol- lars nor more than one hundred dollars for every^ such offence ; and such property so unlawfully sold, or exposed for sale, shall be forfeited to the City of Wilmington, and shall be seized, buried, destroyed or otherwise disposed of by the In- spector of Meats, the expense thereof to be made a part of the costs, and paid by the persons so oft'ending in addition to any fine that may be imposed by said Court. ORDINANCES. 807 Sec. 6. It shall be the duty of the Inspector of Meats to ^M^Pfs''\o''e°f. strictly enforce all the provisions of this ordinance ; to make fo'^e ordi- ^ ' nance. complaint against all offenders before the Judge of the INIu- nicipal Court ; to seize all meats or other articles sold, exposed or offered for sale contrary to this ordinance, and to dispose of the same in accordance with the provisions of this ordi- nance. Sec. 7. He shall from time to time, and as often as mav inspection "^ of animals. be necessary, inspect and examine any animal, carcass, meat, poultry, game, flesh or fowl exposed for sale or deposited for the purposes of sale in the City of Wilmington to the end that he may be advised whether any such articles are diseased, or unsound, or unwholesome, or unfit for the food of man ; and i'f he finds that any such animal or article is diseased, un- sound, or unwholesome, or unfit for the food of man, he shall take such proceedings as are requisite and necessary for caus- ing the same to be seized, taken and carried away in order to be dealt with according to the laws and ordinances applicable to the same. Sec. 8. In matters not specifically provided for in these supervision T T 1 11 1 1 1 • • ^1 by Board of ordinances he shall observe and execute the instructions oi the Health. Board of Health, and the rules and regulations of the said Board of Health which from time to time shall be made ap- plicable to his oiSce. He shall make monthlj^ reports of his transactions in writing to the Secretarj^ of the Board of Health. He shall make an annual report to the Board of Health on the first Tuesday in January of each year, together with such suggestions and recommendations as he may deem proper. Sec. 9. It shall be the duty of the police, under the direc- foUce to aid •^ ' Inspector. tion of the Chief of Police, to aid the Inspector of ]Meats in the enforcement of this ordinance. It shall be the duty of the Inspector of IMeats to enter in and upon the premises of all persons, and into any and all markets and places where meat, fish or fowl are exposed or sold for food, and into any and all inspection ^ ' •^ of markets slaughter houses where any cattle, sheep, swine or other ani- and siaugh- ° _ "^ ) 1 1 jgj. houses. mals are butchered, killed, dressed and prepared for sale or 808 ORDINANCES. market, and make examination and inspection of such articles. Resisting j^^^]^ j^^y person wlio sliall impede, interrnpt or resist that offi- cer in the performance of his duties shall upon conviction thereof before the Judge of the Municipal Court be adjudged to pay a fine of not less than ten dollars and not exceeding thirt}' dollars. Sec. 10. ALL ordinances and parts of ordinances incon- • sistent with this ordinance, particularly the ordinance entitled ''An ordinance for the inspection of meats," passed April 6th 1876, and the thirteenth section of an ordinance entitled "An ordinance establishing and regulating the public markets of the City of Wilmington," passed January 5th, 1883, are here- by repealed. Passed at City Hall, June 22, 1893. " AN ORDINANCE to prevent the sale of premature or dis- eased fruit in the City of Wilmington. Unlawful to SECTION 1. That it shall be unlawful for any person or ture^or d^^- pei'sons to Sell, offer or expose for sale, in any market, store eased fruit, qj, street in the City of Wilmington any premature or dis- eased fruit. Penalty for Sec. 2. That any person or persons so offending shall violations. .. it, r ••!/-< c i /~i- ±^ n upon con\action thereoi m the Municipal Court oi the City oi Wilmington be fined not less than ten dollars or more than twenty dollars, and all such premature or diseased fruit shall be confiscated and destroyed. Enforcement Sec. 3. That it shall be the duty of the Clerk of the Mar- ket and the Executive Officers of the Board of Health to strictly enforce this ordinance. Passed at City Hall, August 31, 1893. ORDINANCES. 809 AX ORDIXAXCE to provide againsi the adulteration of Milk and Cream, and to provide for the inspection thereof. Be it ordained, by the Council of Wilmington. Section 1. That the Council shall on the first stated Election of Milk Inspec- meetmg- m Maj', A. D. 1895, and on the first stated meeting in tor. May biennially' thereafter, elect a ^lilk Inspector, whose duty it shall be to inspect the milk and cream otferecl for sale in the City of "Wilmington, and to perform such duties in connection ^ ^. _ " , o 7 X ^ Duties. with said office as may be provided hy rules of the Health De- partment of the city relating to the sale of milk, and the Board of Health is hereby empowered to adopt such rules as the health of the city may require. Sec. 2. Said Inspector shall record in books kept for the Record books purpose, -in the office of the Health Department, the names and places. of business or residence of all persons engaged in the sale of milk or cream. Sec. 3. Whosoever, by himself, or by his servant, or agent, or as the sei'vant or agent of any person or persons, sells, exchanges or delivers, or has in his custody or posses- sion wth the intent to sell or exchange, or exposes or offers for sale or exchange, milk without first registering with the Clerk Registration. of City Council his, her or their name or names together with the location of his, her or their route or place of business and the name of the owner or owners of and the location of the dairy from which he, she or they obtain such milk, or without obtaining from the said Clerk of Council, a permit to carry cierk 9f on such business, which said permit shall be issued without charge; {^) or without displaying such permit in every store or wagon from which said milk is sold, shall, upon conviction before the Municipal Court, forfeit and pay a sum not less than ten ($10) dollars nor more than fifty ($50) dollars. The Penalty, above mentioned permit shall be obtained within sixty days from the passage of this ordinance from the Clerk of Council, PGrmits and yearly thereafter during the month of January. Xo per- shaii be mit as above set forth, shall be granted unless the application " therefor is accompanied by a statement of a licensed veterin- certificate arian certifying to the healthy condition of the cows,especially oM-eterinar- 810 ORDINANCES. Avith reference to tuberculosis, (the tiiberculine test not being required) and to the sanitary condition of the bams of each applicant. Any person who obtained a permit for the sale of milk through fraud or misrepresentation of any kind; and any person who furnishes or sells milk from diseased cows which he has purchased or obtained after inspection thereof by a licensed veterinarian, as mentioned in this ordinance ; and any person who furnishes or sells mills: from diseased cows the disease having developed after inspection thereof by the said licensed veterinarian, shall, upon a hearing and convic- Penaity. ^^^^ thereof before the Judge of the Municipal Court, forfeit said permit. (a) This section states that a permit to carry on the business "shall be issued without charge. ' ' In 1895 an ordinance was passed requiring persons engaged in the sale of milk to pay a yearly license of $10, provided that persons selling less than 20 quarts a day should not have to pay any license. The Court held the ordinance void. Lore, C. J.: " The exception relied upon is that there was no au- thority vested by the Charter of "Wilmington, in the City Council to impose or require a license from persons engaged in the sale of milk. (269) * * Then, there is this further objection. Here is a general ordinance for an entire class of people, which licenses those of them who sell more than twenty quarts and exempts them who sell less than twenty Cjuarts. Section 31 of the municipal Charter says: "The Council shall not have power to pass any ordinance exempting any person from the operation of any ordinance or municipal regulation." They can- not discriminate," &c. Gray vs. Wilmington, 2 Marv. 257 at 269 and 270. (yr. 1896) „ , , Sec. 4. AYhosoever. bv himself, or bv his servant, or Sale of ... 5 adulterated ae'cnt. or as the servant or agent of anv person or persons, milk pro- '- o . i x- 7 hibited. sells. exchanges or delivers, or has in his custody or possession with intent to sell or exchange, or exposes or otiers for sale or exchange adulterated milk or cream, or milk or cream to which water or any foreign substance has been added, or milk or cream from diseased or sick cows, or milk drawn from animals within fifteen days before and five days after calving, or milk kept for sale or stored in any room used for sleeping or domes- tic purposes, or kept in boxes or refrigerators used for storing other food provisions, or milk the temperature of which, ex- ceeds seventy (70) degrees Fahrenheit, shall upon conviction before the Municipal Court forfeit and pay a sum not less than ten (10) dollars "nor more than fifty (50) dollars, if it shall be the first offence, and if arrested and convicted before ORDINANCES. 811 said Court for a subsequent offence, a sum of not less than twent^'-fiYe (25) dollars nor more than one hundred (100) dol- lars. Sec. 5. Whosoever, bv himself, or bv his servant or Miik from * . ' which cream affent, or as the servant or asrent of anv person or persons, has been . . . ' . separated sells, exchanges or delivers, or has m his custody or possession not pure, with intent to sell or exchange, or expose or offer for sale as pure milk, anj' milk from which the cream or any part thereof has been removed, shall be subject to the penalties provided in the preceding section. Sec. 6. No milk dealer or other person or persons, shall talnlnlski^ sell, deliver, offer for sale or expose for sale, any skimmed ^e^so"^"^^ •milk, unless the vessel, can or package containing the same ™^^^®'^- shall be plainly and distinctly marked designating the same, in uncondensed Gothic letters not less than one inch in length. For a violation of this section, upon conviction before the LIu- nicipal Court, a fine of ten (10) dollars shall be imposed. Sec. 7. In all prosecutions under the three preceding sec- Prosecu- tions, if the milk is shown upon analysis to contain more than eighty-eight per cent, of watery fluid, or to contain less than twelve per cent, solids, not less than one-fourth of which must be fat, or if the cream is shown upon analysis to contain less than fifteen per cent, of butter fat, such milk or cream shall be deemed, for the purpose of such prosecution to be adulter- ated and not of good standard quality. Sec. 8. Whosoever, bv himself, or bv his servant, or Miik in un- - " ' clean con- agent, or as the servant or agent of any person sells, exchanges tainer. or delivers, or has in his custody or possession with intent to sell or exchange or offer for sale any unclean, impure, un- wholesome or colored milk or milk placed in containers which are dirty or who shall keep cows for the production of milk in ^^^.^ j^^ a crowded or unhealthy condition or in a building or shed "^ unhealthy •' ° quarters. which shall have less than 350 cubic feet of air space for each cow, and stalls less than three feet in width, or which shall not be well lighted, ventilated, drained and provided with good and sufficient facilities for feeding the animals in cleanly 812 ORDINANCES. manner, or feed the same on food that produces impure, dis- eased or unwholesome milk, or shall feed cows on distillery waste, or upon garbage or swill, or upon any substance of any unwholesome nature, shall be liable to the penalties provided in Section 4 of this ordinance. Milk wagons must have name of owner thereon. Authority of Millc In- spector. Penalty. Fines. Salary. Ordinance, June 24, 1905, Allowance for horse and car- riage. Sec. 9. Every person offering milk for sale from a wagon shall have painted on both sides of said wagon, in a conspicu- ous place, the name in full of the owner therefor. For a viola- tion of this section, upon conviction before the jNIunicipal Court, a fine of ten (10) dollars shall be imposed. Sec. 10. The ]\lilk Inspector shall have the authority to enter any place where milk is sold or kept for sale, or to stop and enter any wagon from w^hich milk is sold, for the purpose of inspecting the milk, as provided in this ordinance. He shall prosecute before the Municipal Court all offenders against this ordinance, and any person who shall impede, interrupt or resist the Milk Inspector in the performance of his duties, as prescribed by this ordinance shall, upon conviction thereof in the Municipal Court, be adjudged to pay a fine of not less than ten (10) dollars and not exceeding twenty-five (25) dollars. Said Inspector shall report in writing, to the City Council once a month, giving a detailed statement of his work. Sec. 11. All fines provided by tliis ordinance shall be for the use of the city, and shall be deposited ^^^th the City Treas- urer the same as other fines and fees are now paid. Sec. 12. The salary of the ]\Iilk Inspector shall be one thousand dollars (1000) per annum, payable monthly, in the same manner as other officers of said city are paid. [The said JMilk Inspector shall receive annually the sum of three hundred dollars for the care and maintenance of a horse and carriage, the same to be paid in equal monthly por- tions of twentj^-five dollars ($25.00) on the first day of each month. The first payment to be made upon the first day of August, 1905.] ORDINANCES, 813 The Inspector himself, at his own expense, shall provide the implements for inspecting the milk. Sec. 13. All ordinances, or parts of ordinances, or amendments hereto, inconsistent herewith, are hereby re- pealed. Approved November 16, 1904. 814 ORDINANCES. CHAPTER IX. ORDINANCES RELATING TO PUBLIC MARKETS Page Page 1. Regulation of Weights and 4. Front and Churcli Street Measures ..' 814 Market 831 2. Establishment and Regula- 5. Limits of King and Madi- tlon of Markets 817 son Streets Markets 832 3. Spaces in Farmers Curb 6. Establishing a Fruit, Grain Market 830 and Vegetable Market on Fourth Street 833 AN ORDINANCE to regulate the iveights and measures used in the 'public markets and market houses of the City of Wilmington. of^wefghts Section 1. That hereafter there shall be a Regulator of ures crated. Weights and Measures used in the public markets within this cit}^, and the standard adopted by the State of Delaware shall be the test by which they shall be computed and determined/ sta^J^rds of Sec_ 2. The City Council shall, at the expense of the city procure correct and approved standards, Math their necessary sub-divisions, together with the proper beams and scales, for the purpose of testing and proving the weights and measures of said standard used in the public markets and market houses kept"^""^ ■v^dthin this city, and the same shall be kept in the custody of the Clerk of the Market of this city during his term of office, and shall be used for no other purpose than the testing of weights and measures provided by this ordinance. SSld*'' ^EC. 3. It shall be the duty of the Clerk of the IMarket, annually. ^^ least once in every year, and as often thereafter as he may deem necessary, to examine and test the accuracy of all 1. The State chemist is the custodian of the standard weights and measures, &c. See 25 D. L. p. 116. ORDINANCES. 815 weights and measures, scales , or other instruments or things used by any person for weighing or measuring any article for sale by weight or measure in the public markets and market houses within this city, and stamp the same with a suitable bl^s^mped. seal or stamp, to be provided by the city, all weights, meas- ures, scales, beams or other apparatus so used for measuring or weighing, which he nia^^ find to be correct ; to condemn all ^411^3 to weights, measures, scales, beams, or other apparatus for meas- limned uring or weighing which he may find incorrect upon such in- spection, and to cause the owner thereof to have them cor- rected and made conformable to the said standard in the man- ner hereinafter pro^dded. Any person refusing to exhibit anj' weights, measures, scales, beams or apparatus for weighing or fg^fusinVto measuring in the public markets or market houses aforesaid, ^^^g^ts. ,to the Clerk of the Market for the purpose of his examination or inspection as aforesaid, or in any manner obstructing him in the performance of his duty under this ordinance, shall for- feit and pay a fine of not less than five dollars nor more than ten dollars. [The Clerk of the Market shall take possession of a^d J^^mance^^^ confiscate all measures which he may find upon inspection to cierk of be incorrect and unlawful under the provisions of this ordi- confiscate aii -, incorrect nance. J measures. Sec. 4. It shall be the duty of the Clerk of the Market to g,"ei?k of examine, put in good order, and seal or stamp all weights, Market. measures, beams, scales and other implements and apparatus used for weighing and measuring within the public markets and market houses within this city, at the several places where the same are used, but if they be found not conformable to the standard of this State, they shall be repaired and properly adjusted within ten da,ys after they have been tested and con- demned; and such weights, measures, beams, scales, imple- ments or other apparatus, shall not be used for weighing or scales con- measuring until such adjustment to the proper standard, pro- to'be^use'd!* vided by this ordinance, shall have been made; -and any per- son offending against the provisions of this section, upon con- viction thereof, shall forfeit and pay a fine of not less than five penalty, dollars nor more than ten dollars. 816 ORDINANCES. Articles of dry meas- urement shall not be sold from liquid meas- ures. Penalty. Sec. 5. It shall be unlawful for any person to sell any article of dry measure in flaring wine or liquid measures, whether of pint, quart, half-gallon, or gallon, in the public markets or market houses of this city. And any person who shall violate this provision shall, upon conviction thereof, for- feit and pay a fine of not less than five dollars nor more than ten dollars. And it shall be the duty of the Clerk of the Mar- ket to make complaint to the []\Iunicipal Court] of this city, of everv violation of this section that comes within his notice. The Clerk of the Market shall be Reg- ulator of Weights and Measures. Fees. Fees only to be charged one time in each year. Sec. 6. The Clerk of the Market shall be the Regulator of Weights and Measures, provided for by this ordinance, and he shall be allowed to receive the following fees for services ren- dered by him under this ordinance, viz : For inspecting and sealing orstamping beams, platform scales and steeh^ards, the sum of ten cents each; coimter and spring scales, ten cents each ; for comparing and sealing or stamping bushel measures, fifteen cents each ; half -bushel measures, fifteen cents each ; less denominations, each five cents. For comparing and seal- ing flaring wine or liquid measures, each the sum of five cents ; for regulating and stamping weights used on scales for weigh- ing articles sold by the pound or less quantity, for each weight adjusted, regulated and stamped, the sum of five cents. It shall not be lawful, however, for the Clerk of the ^Market to charge the above fees more than once within the period of one year, unless, upon inspection, the said instruments and weights for weighing or measuring be found not conformable to the standard of this State. Sec. 7. The Eegulator of Weights and Measures used in the public markets and market houses of the City of Wilming- ton, provided for in this ordinance, shall be appointed by the Council Avithin two weeks after the passage of this ordinance, and shall hold his office until the present term of the Clerk of the Market shall expire. At all elections, hereafter, for Clerk of the ^Market for this city, the person elected for the position of Clerk of the Market, shall also be the Regulator of Weights of wefghts°^ and Measures, provided for in this ordinance, during the term of said Clerk of the ]\Iarket is elected by the Council for to serve in said office of the Clerk of the Market. The person elected as Clerk of the Market shall and Meas ures. ORDINANCES. 817 Sec. 8. The fees paid to the Eegailator of Weights and f^^^^^^^ Measures used in the public markets and market houses of this ^^^^ill^^^t"*^ cit.y, for regulating, sealing or stamping of beams, scales, steelyards, measures and weights used in weighing articles sold by the pound, or by less quantity, shall be paid by per- sons whose beams, scales, steelyards, measures or weights are adjusted and sealed or stamped bj^ the Regulator of the Weights and ^Measures aforesaid. Under the provisions of this ordinance said fees to be held ])y the said Regulator of the ^^^ghaifre^-' Weights and IMeasures used in the public markets or market for^his ser-^^ houses of the City of Wilmington, as compensation for his ser- vices, vices in adjusting, regulating, stamping or sealing such scales, beams, steelyards, measures or weights as he may adjust, regu- late, seal or stamp, under the provisions of this ordinance. Sec. 9. All ordinances and parts of ordinances inconsist- ent herewith are hereby repealed. Passed at City Hall, August 10, 1882. AX ORDIXAXCE estahlishing and reyulaling the public mar- kets of the City of Wilmington.'^ Section 1. From and after the first day of April, A. D. Markets, one thousand eight hundred and eighty-three, the public mar- cated. kets («) of the City of Wilmington shall be located and estab- lished on King street, Madison street and Fourth street. The market on King street and the market on Madison street shall be used exclusively by farmers and truckers to sell fruits, maiiiet. by vegetables, fowls and meats raised upon the lands of which they are the owners or renters, or farmed on the shares. The King street market for farmers and truckers shall commence on the northerh^ side of Second street and extend northwardlv Extent. 1. This ordinance must be taken subject to the provisions of an Act of the General Assembly entitled "A Supplement to 'An Act to Revise and Consolidate the Statutes relating to the City of Wilmington, passed at Dover. April 13. 1S83.' " (with amendments thereto), which said Act re- lates exclusively to public curbstone markets within the City of Wilming- ton, and will be found among the Acts of General Assembly, p. 149 of this volume. 818 ORDINANCES. stTe^it^and' ^^^ *^^ Southerly side of [Tenth] ^ street. [The iMadison street ^"^rtm nt" market shall commence at the northerly side of Second street March 2, ^ ^nd extend northerly to the southerly side of Ninth street.] - A ruto*^^' F'rom the first day of May till the first day of November the 190"-. curbstone markets on said streets, on Wednesdays and Satur- Madison ' - _ . street mar- clays of each Week, shall be held on the easterly side of said Extent. streets ; from the first day of November till the first day of V^^ednesdays ' "^ . '' and satur- ;Mav the curbstone markets on said streets, on Wednesdays and days, when - • -t n on'easteriy Saturdavs of cacli Week shall be held on the westerly side of side of " streets. .said strccts : from the first day of May till the first day of No- When on i i i • • i mi westerly side vembcr the curbstoue markets on said streets, on Tuesdays and of Stl*G6tS. Tuesdays' Fridays of each week, shall be held on the easterly side of said when on \ ' streets ; and from the first of November till the first day of of streets. May the curbstone markets on said streets, on Tuesdays and we^ter^y Fridays of each week, shall be held on the westerly side of said strlets. streets. At the public markets on King street and Madison street, within the limits above mentioned, farmers and truck- ers will be permitted to back up their vehicles to the curb- mai'ket stoucs tliereon, on Tuesdays and Fridays at 12 o'clock (noon), and commence the sales of the products of the lands which they own or lease on the sidewalks of said streets; and when the curbstone markets on said streets are held on one side of said streets in afternoon and a different side of said streets on the following day, the farmers and truckers attending such markets shall have the right to remove their wagons over to the opposite side of the street to secure their stands on Tues- day and Friday afternoons at 4 o'clock (P. M.) and no earlier, where they will be allowed to remain backed up to the curb- stone on Wednesdays and Saturdays until two o'clock P. M., and no longer. In each of the squares on King street and on space^^ ° Madison street, where the farmers and truckers are by this or- dinance allowed to be backed up to the curbstones for the pur- pose of selling produce therefrom, there shall be two spaces of three feet each in width kept open between the hubs of the wheels of the vehicles backed up to the curbstones, to allow persons free ingress and egress to and from the sidewalks to Rule as to moving. 1. See ordinance of April 30. 1885, as amended, pp. 832-3 of this volume. 2. See p. 832 of this volume. ORDINANCES. 819 the streets at all times. Xo person backing up a vehicle for the purpose of selling their produce on the sidewalks of said King street and said Madison street, shall be allowed to use more than [eight] feet of space on the sidewalk in length opposite l^^/gss.^^'"'' his vehicle to display produce thereon or to sell the same there- Space to be from ; and no person who backs up his or her vehicle for mar- ket purposes on said streets shall occupy more than three feet in depth on the sidewalks of said streets, from the outer curb line of the same, wdth their benches or baskets to display their produce thereon or sell the same therefrom. No vehicle will be allowed to back up to the curbstones on either of said streets for market purposes or otherwise, outside of the building line of any of the streets intersecting King street or Madison street. Any person violating any of the provisions of this section shall .upon conviction forfeit and pay a fine of five dollars. Penalty. (a) The "market" extends from the curb to the biulcTing line. The farmer can come out but three feet from the curb, but the buyer can use the entire sidewalk. Paynter, J.: "The latter" (farmers) "could only occupy three feet, while' the purchasers could use any part of the side- walk, making the space between the curbstone and the building line the entire market for both sellers and purchasers. ' ' State vs. Wood (yr. 1S88), unreported. Sec. 2. It shall be lawful for any farmer or trucker to j^J^oiJ^^^' sell from his vehicle on the sidewalks of King street and ^ladi- see Act of ° March 10, son street, on the public market days within the market hours isst, is d. l. ^ "^ 340. prescribed by this ordinance, slaughtered cattle, hogs, sheep and calves which were raised and fed on the lands owned or rented by such sellers thereof, («) either by the whole quantity or in cut pieces, which shall include lard, sausage and scrapple manufactured bv such seller on his own or rented lands from See Acts of Ai)nl 13, animals raised and fed thereon and none others, * * * * i8S3, and . . April 15, providing, the same is in a good and wholesome condition for isss. IT Proviso. public use. (a) See Sec. 5, "a," p. 152 of this volume. See Acts of *****>:;=***# April 13, 1883. and April 15, 1885 Sec. 3. All of that portion of Fourth street on the north- ^^^ Jersey erly side thereof, commencing at the northeast corner of King Market. 820 ORDINANCES. Who to use. Market days. Hours. Aug. 2, 1883. Aug. 2. 1883. Proviso. Space allowed. Resolution, Street and Sewer De- partment, March 2, 1899. New Jersey Market. Penalty. street and extending east to Walnut street, shall be known as the ' ' New Jersey Market, ' ' and shall be used exclusively for the sale of products brought from the State of New Jersey, by the producers of such products only, that is to say, any pro- ducer of fruits or vegetables residing in the State of New Jer- sey, shall have the right to sell the products of his o^vn or leased lands at the places above designated, on Tuesdays, Wed- nesdays, Fridays and Saturdays of each week, aud they shall have the privilege on Tuesdays and Fridays to place their pro- ducts for display and sale at the places above designated at [6] o'clock A. M., and to keep the same exposed thereon for sale from Tuesday at [6] o'clock A. IM. until the next Wednes- day at 3 o'clock P. M., and on Fridays at [6] o'clock A. M. until the next Saturday at 3 o'clock P. M., provided, however, that in the berry, cantaloupe and watermelon season such pro- ducers may stand and sell in said market every day (Sundays excepted) from 6 o'clock A. M. until 9 o'clock P. M. Each of said producers will be allowed to use a space of ten feet in length on the curb line, and extend on the sidewalk a distance of not more than three feet from the curb line, and to extend out into Fourth street at a distance of eight feet, and no more. [Each and every person or persons who shall avail themselves of the privilege of standing in the ' ' New Jersey Market ' ' shall pay to the Clerk of the IMarket, for the use of the city, the sum of twenty-five cents per space, for each and every day that they sell or display goods for sale in said market.] No stand or space outside of the building line of the streets intersecting Fourth street, shall be used for 1,he purpose of displaying or selling produce therefrom, and every person violating any of the provisions of this section shall upon conviction thereof, forfeit and pay for each offence a fine of five dollars. Hucksters' market. Location. Sec. i. All that portion of the southerly side of Fourth street, between the building line of the southeast corner of Fourth and King streets to Walnut street, and all that portion of the southerly side of Fourth street, from Jefferson street to Monroe street, shall be set apart, exclusively, for a hucksters' market, and all that portion of the northerly side of Fourth street, between Jeff'erson and ]\[onroe streets, shall be set apart ORDINANCES. 821 for a fruit and grain market.^ Any person residing in this ^^y^j^^ ^"•^ city who has taken out a retailer's license for selling goods, market. wares and merchandise from the Clerk of the Peace for New use huck- Castle County, for the purpose of huckstering, exclusively, ket. and none others, shall be permitted to stand in the hucksters' market, for the purpose of selling vegetables and all kinds of domestic fruits daily (except on Sundays), but in no case shall any such huckster be allowed to let any of their produce re- main in said huclvsters' market for sale, or for display, on any Saturday after 10 o'clock P. M. Each of said hucksters shall be allowed to use a space ten feet in length, on the cui'b line, and no more ; and of a depth, on the sidewalk at the curb, of three feet, and no more from the outer side of the curb line, and he or she shall also be 'permitted to place his or her baskets 'of vegetables and domestic fruits, or piles of melons out on'" Fourth street for display and for sale, for the space of eight feet from the curb line, and no further. Each and every huck- ster who shall avail himself of the privilege of standing in the hucksters' market shall pay to the Clerk of the INIarket, for the use of the city, the sum of twenty-five cents for each and every ^^^j*^ *° ^^ day that they sell or display goods for sale in said hucksters' market. Any person violating any of the provisions of this section shall, upon conviction thereof, for every offence, for- feit and pay a fine of five dollars. Penalty. Sec. 5.- All that portion of Fourth street, between the ^ '■ _ Location of building line on the westerly side of King street, and the build- fruit and . ' grain mar- ing line on the easterly side of Market street, and all that por- ket. tion of Fourth street, from the westerly building line of ]Mar- ket street to the easterly building line of Orange street, shall be knoAvn as the fruit and grain market, and shall be set apart for the sale of domestic fruits and grain, exclusivelv. In this „,, ^ ^ ' • W^hat may market, peaches, apples, pears, berries of all kinds, and all ^^^ sow. other domestic fruits and grain of m11 kinds, mav be sold' either 1. See Sec. 5. p. 821 of this volume, and also p. 833 of this volume. (Ordinance of Dec. 20. 1900.) 2. See 17 D. L. c. 600, Sec. 1. p. 893. published on p. 149. The or- dinance of Dec. 20. 1900, p. 833 of this volume practically repeals the above section. See also Sec, 4 of this ordinance as to fruit and gain market, p. 820 of this volume. 822 ORDINANCES. Space. Sale of peaches. Fee. Resolution of Street and Sewer De- partment, March 2, 1899. Hours dur- ing peach season. in bulk or in small quantities, from Avagons or otherwise, by the producer of such fruits or grains, or by his or her legall}^ authorized agent or agents. No one person attending this mar- ket, either with or without a wagon, shall be allowed to use more than ten feet in length at the curb line, to display or sell such fruits or grains, or place the same out on tlie sidewalk for display or sale to a greater depth than three feet from the out- side of the curb line, or to a greater distance out on Fourth street than eight feet («) from the curb line, either baskets or wagons ; and all shafts and tongues must be removed from all wagons that stand in the spaces allotted for fruit and grain markets on Fourth street. During the peach season, traders and dealers in peaches only, who buy their peaches, and ex- pose them thereafter for sale, shall' be permitted to stand in the market set apart for a fruit and grain market, for the pur- pose of selling their peaches. ****** During the peach season, only, the persons attending said mar- ket shall be allowed to sell their peaches daily in said market (Sunday excepted), from sunrise in the morning until 10 o'clock on Saturday evening, at which hour all wagons, bas- kets, crates, etc., must be removed from the spaces allotted for a fruit and grain market. At all seasons of the year, except during the peach season, the market hours in the market for fruits and grains on Fourth street shall be the same hours as those named in this ordinance for the farmers' and truckers' markets on King and JMadison streets. (a) Persons using the street under the above ordinance may erect awnings in the street to protect their fruit from the sun and rain, but the city must not be negligent in permitting poorly constructed, or un- safe awnings to be used, or it will be liable in damages to one injured by reason thereof. Lore, C. J.: "At the time of the accident, under an ordinance of this city it was lawful for the northerly side of Fourth street, between King and Market streets, for a space of eight feet from the curb line, to be used for the sale of peaches in peach season, and for the sale of domestic fruits of all kinds by one who was either a producer or his agent. * * On the other hand " * * if " the awning, either in its material or in its construction or maintenance was of such a character as to be a menace, and dangerous in itself to persons using such public high- way ' ' and it was ' ' suffered to remain on the street for an unreasonable time after notice or knowledge thereof had come to the defendant, either express or implied," and injury resulted to one by reason thereof, the city would be liable. Jarrell vs. Wilmington, 4 Penn. 454 at 456. (yr. 1903) ORDINANCES. 823 [Each and every person or persons who shall avail theui-j^^^{^|® ^°'" selves of the privilege of standing in the market shall pay to space. the Clerk of the IMarket, for the use of the citj^, the sum of street and' twenty-five cents per space for each and every day that they partment, sell or display goods for sale in said market.] Any person vio- 1899. lating any of the provisions of this section shall, upon convic- tion thereof, forfeit and pay a fine of five dollars. Sec. 6. All that portion of King street from the north- Location. erly building line of Front street to the southerly building line of Second street, and all that portion of Madison street from the northerly building line on Front street to the south- erly building line on Second street, shall be set apart as a fish market,, exclusively, where all dealers in fresh fish may sell the same, either from wagons, tables or-benches, daily. All tables, where^' ^ ^'' benches or boxes used for the purpose of displaying fish f or ^^'^'^®'^" sale must be placed in the street outside of the curb line, and no vender of fish in the fish market will be allowed to stand upon the sidewalk whilst engaged in selling the same. All benches, tables and boxes used for displaying fish from, or sell- Hour of iug fish thereat must be removed from the streets, where such ''®'^°^^ • fish is allowed by this ordinance to be sold, [by 2 o'clock P. M. Resolution. on Monday and Thursday, 3 o 'clock P. ]\I. on Wednesday, and sewer d"*^ 9 o'clock P. M. on Tuesday, Friday and Saturday from the aphT^Is! ' 15th day of IMarch to the 15th day of June in the same year ^^^^" and from and after the said 15th day of June until the 15th day day of March, next ensiling, the hours for market in the fish market shall terminate at 2 o'clock P. M.] at which time Fish market. all benches, tables and boxes must be removed from said mar- ket, and be kept therefrom on Sundaj'. No person selling fish and benches on the public streets set apart for fish markets will be allowed moved from to throw offal or filth from fish into any of the gutters or upon by^o'o'ciock any of the public streets of this city. Any person offending ^'^^^ against any of the provisions of this section, shall upon convic- tion thereof, forfeit and pay a fine of five dollars. Penalty $5. Sec. 7. («) No person or persons shall erect, or have anv T -.1 1 • ' P 1 r. ' Booths, booth, tent, stand, stall or place, m or upon any oi the foot- stands, tents 3.nii stfills ways, sidewalks, streets, lanes or alleys of this city, for expos- forbidden, ing or offering for sale any goods, wares or merchandise what- 824 OEDINANCES. Proviso. Exception as to certain persons. Further proviso as to licensed dealers. Aug. 2, 1883. Owners of stores or dwelling's may permit producers to sell. Penalty. soever. Provided, however, that any owner or renter (^) of any building for a store, commission house or other legitimate place of business, shall have the right to expose to view and sell any of his or her commodities kept inside of such place of business for sale, within the space of four feet from the build- ing line of the building he or she is engaged in carrying on his or her business therein. Any person being a licensed dealer, renting a cellar only, in any building, for the purpose of sell- ing goods, wares and merchandise therein, shall have the right to stand inside of said cellar doorway and sell his or her goods therefrom; providing, that not more than four feet of space out from the building in which such cellar is located, and no greater space in front of said cellar doors opened out on the sidewalk, shall be allowed by such dealer to display or sell his or her goods therefrom. The renting of a cellar shall not give him any right to display or sell his goods on any other portion of the sidewalk, even though the owner or occupier of the first story of said building above the ground floor of such building should give his consent for such use of sidewalk to the renter of the cellar. [Provided, however, that any owner or renter of any' store or dwelling, which he or she occupies on King or Madison streets, within the limits therein prescribed for public markets, may suffer, allow and permit any producer of fruit, vegetables or other commodities, raised or produced on his or her own lands, or on leased lands, which he or she may occupy, and none other, to stand on the sidewalk, up against the build- ing line or such dwelling or store, as he or she may occupy as a residence or store above the cellar thereof , and sell such pro- ducts therefrom, provided, that not more than four feet out from such building line is used for such purpose.] Any per- son violating any of the provisions of this section, upon convic- tion thereof, shall forfeit and pay a fine of five dollars. (a) See Sec. 1, paragi-aph ; See. 2, and Sec. 12, pp. 74.3 and 826 re- spectively, of this volume. (b) Note the difference in phraseology in the sections above re- ferred to — See. 7, note "a." Fruits, etc., ggc. 8. All persous selling fruits, vegetables or anv other not to be '■ . " • j j £ thrown in products whatever, in anv of the public markets provided tor Stl*G6t. 7 «. A by this ordinance, are prohibited from throwing into, or plac- ORDINANCES. 825 ing upon, any of the sidewalks, gutters or pul)lic streets or al- leys of this city, any decayed fruits or vegetables, or the husks, tops, roots or other refuse matter from corn, roots or vege- tables, or any other refuse animal or vegetable matter whatso- ever. All of such refuse matter shall be placed l)y the farmer, trucker, huckster or other dealer who brought the same into market, into a barl^el or box, which such dealer shall provide at all times for such purpose, and all such refuse matter shall, by such seller as produced it, be conveyed and deposited out- side of the city limits. Any person violating any of the pro- visions of this section shall upon conviction thereof, forfeit and pay a fine of five dollars. Sec. 9. If any person shall bring into any of the public pro^-jsions markets of this city for sale, any butter, lard, sausage or other Ind'^n^el?-^^^ provision in lumps or parcels, as for a greater weight or meas- "^'^s. ure than the true weight and measure thereof proves to be, when tested by the Clerk of the ^Market by the legal standard of weights, or the legal standard of measures provided by the city for that purpose, or shall bring into any of the markets of this city for sale any salted or potted butter, or tub butter made up into printed lumps of a certain weight or measure, if Duty of it be fresh butter, sausage or lard, short of the weight it is of- ^S^et^ fered to be sold for, the Clerk of the INIarket shall with a knife cut every such lump into four pieces and leave the same with the person who had it for sale. But if any other provision is found by the Clerk of the Market to be of lesser weight than that which it is offered to be sold for, or if any salted, potted or tub butter is printed and offered for sale as fresh butter, it shall be forfeited ; and the Clerk of the Market shall inunedi- ately seize it and sell the same for the best price he can obtain therefor, and pay over the proceeds of such sale or sales to the City Treasurer for the use of the city. Sec. 10. If anv person shall sell or offer for sale any oleo- saie of oieo- ' . . margarine margarine, sueme or any other preparation bearing a sem- for butter, blance to butter, under the name of butter, thereby deceiv- ing the purchaser thereof, or with intent to deceive the pur- chaser thereof, the person so offending shall for every such of- fence forfeit and pay a fine of twenty dollars. Penalty. 826 ORDINANCES. piactn*^ ^°^ ^^^* ^^- ^^ ^^^^ person shall cut up auj- meat or place any benches, etc., block, bench or stand on any of the sidewalks of this city for on sidewalk. ' '' '' the purpose of cutting up any meat thereon, he shall upon con- viction thereof forfeit and ipay a fine of five dollars. Certain per- sons pro- hibited from occupying streets. Proviso, as to licensed dealers. Penalty. Sec. 12. No bread or cake vender, no seller of ice cream, foreign fruits, confections, prepared food, 'brushes, blacking, combs, essences, matches, pictures, writing paper, envelopes, ink, jewelry, medicines, toys, cutlery, hosiery, shoe laces or other articles composed of cotton, silk or woolen, in whole or in part, no juggler, mountebank or sleight-of-hand performer shall occupy any space or place in or upon any of the public streets, sidewalks, lanes or alleys of this city for the purpose of selling any of the articles above enumerated in this section, ' or to display acts in jugglery or sleight-of-hand performance ; provided, hoivever, that licensed dealers in the articles above enumerated shall have the right to display and sell such goods in front of any store they may occupy as renter or owner with- in the space of four feet of the building which he or she occu- pies as his or her store or place of business, but none others. Any person offending against any of the provisions of this sec- tion shall upon conviction thereof forfeit and pay a fine of five dollars. Repealed June 22, 1893. Repealed Ordinance, Sept. 22, 1892. Superseded. Clerk of Market to give bond. Sec. 13. ^********^ Sec. 14. ******** * Sec. 15. [Election of Clerk of the Market.] ^ Sec. 16. The Clerk of the Market, before entering upon the duties of his office, (<*) shall, with good and sufficient surety, become bound to The ]\Iayor and Council of Wilming- ton, by a joint and several obligation, to be with the surety therein approved by the Committee on Public Buildings. The penal sum of such obligation shall be double the estimated amount of monev that will come into the hands of said Clerk 1. See Act of General Assembly. March 1, 1S87, Chap. 178. Vol. 18. as amended by Act of May 3, 1S93, p. 157 of this volume. ORDINANCES. 827 of the Market during the ensuing year, according to the fol- lowing form, to wit : "T/ie condition of this ohligation is such that if the said conditions, being the Clerk of the Market, shall well and truly account for all moneys which shall come into his hands as such Clerk, or ivith ivhich he as Clerk shall he legally chargeable, and shall and do well and diligently execute the office of the Clerk of the Market as aforesaid, and duly and faithfully ful- fill -and perform all the duties now to said office appertaining during his official term, then the said obligation shall be void, otherwise the same shall remain in fxdl force and virtue." (a) See Sec. 11, "a" of the Charter, and the ease of Pickering vs. Day, 2 Del. Ch. 333 at 334. (yr. 1866) Sec. 17. The Clerk of the jMarket shall attend in the sev- f^^^'^f^^l of eral markets and market houses of this city, during the mar- Market, ket hours thereof, and at such other hours as he may deem it necessary to enforce obedience to the rules («) and regulations of the markets provided for in this ordinance, or which from time to time hereafter sliall be ordained by the Council in ref- erence to such public markets. He shall weigh, try and ex- Examination amine all butter, lard, sausage, oleomargarine, sueine, and all °^ t>utter. articles sold in lumps of a given or accustomed weight. To see that the same are of lawful standard weight for which the same are offered, or ought to be. To also see the provisions of Enforcement the Revised Statutes of the State of Delaware, Chapter 66, andfilon t?''^' the ordinance of this city entitled, "An ordinance to regulate '*^'®'^^*^- the weights and measures used in the public markets and mar- ket houses of the City of Wilmington," so far as the same re- late to selling by legal weights, measures, scales, balances or other weighing or measuring apparatus, are enforced in the public street markets and market houses of this city. To seize all forfeited articles and dispose of the same for the use of the city ; to decide all disputes which may arise in the markets be- tween buyer and seller concerning the weights or measures or Resolution, things bought or sold; to collect rents of stands * * * *sewerDe- and receive forfeitures ; to take duplicate receipts from the March^", ' 1899 City Treasurer for all moneys paid by him to said Treasurer. He shall keep a book in which he shall enter a regular and just ac°c*Sints. 828 ORDINANCES. account of all money by him collected, together with the ar- ticles seized and forfeited, and submit his accounts to the Council, with his vouchers for payments made by him to the City Treasurer, at least once in everj^ three months. (a) As to the meaning of tlie word "rules," see the case of Morris et al vs. Pilot Corns., 7 Del. Ch. 136. (yr. 1894). Sec. ' of the Charter. 16, Resolution, Street and Sewer De- partment, March 2, 1899. Receipts is- sued from stub book. [The Board of Directors of the Street and Sewer Depart- ment shall furnish the Clerk of the I\rarkets with a combina- tion receipt and report book of such description that said Di- rectors may determine, and the said Clerk of the JMarket shall issue a receipt from said book to each and every person or per- sons from whom the said Clerk shall have collected any money for the city for any purpose Avhatever, which receipt shall be the only proper voucher for such person or persons to use the public market spaces therein mentioned and the Clerk of the Market shall immediately upon i.ssuing any such receipt, file with the Secretary of the Board of Directors of the Streeet and Sewer Department, the reports accompanying each and every receipt, and when all the receipts in such book or books have been issued, the "stubs" therein remaining shall be im- mediately returned to the Board of Directors of the Street and Sewer Department. («) The aforesaid Board of Directors shall furnish the said Clerk of the ^larket each and every year with a plan of the spaces in the public markets, designated to be leased, and the said Clerk of the Market shall keep said plan correctly marked as a register of all spaces leased.] (a) The Street and Sewer Department, having exclusive jurisdiction over the streets "from building line to building line," has control of the markets, and general supervision over the Clerk of the Market, though ' ' The Council ' ' apj^oints the Clerk, and receives, for the use of the city, all market rents. (See Sec. 19 of this ordinance.) Power of Sec. 18. The Clerk of the Market shall have power to call Clerk in case ... . . of disorders, to his aid the City Constables or Police to suppress any riots or disorders that may happen in any of the markets, and to assist and support him at all times in the due exercise of the powers vested in him bv the ordinances of this citv. street and Sewer De- partment shall furnish plan of spaces an- nually. Fees, w-hen paid. Sec. 19. The Clerk of the Market shall pay to City Treas- urer, upon the second and fourth Saturdays of every month. ORDINANCES. 829 all the money he may have collected during the intervals of the same, less the sum of fifteen per centum, which the said clerk shall retain as his compensation for his services for collecting- and paying over the moneys received by him for the use of the city, {^) and he shall, at the time he makes each payment to the City Treasurer, file "vvith said Treasurer a written or printed affidavit according to the following form, to wit : New Castle County, ss. : Personally appeared before me Mayor of the City q'^^}^^^\^ °^ of Wilniingtou, who, being duly according to Market. law, did depose and say, that the sum of dollars by him this day paid to the City Treasurer is the total sum of all moneys received by him since liis {appointment) or last settle- ment, doth include all moneys received by him from all sources for the use of the city, less fifteen per centum of the total amount of receipts up to this date. Sworn and subscribed before mc, this day of A. D., one thousand nine hundred and , as witness my hand and the corporate seal of said city. Mayor of the City of Wilmi)igton. (a) The Street and Server Department, from 1887 until 1900 had been receiving the fees collected from farmers, traders, dealers and huck- sters using the streets of the city. In 1900 the Court decided they be- longed to ' ' The Mayor and Council ' ' for the use of the city, and not to the Street and Sewer Department. Lore, C. J.: " This was a case stated, the point at issue being whether the Board of Directors of the Street and Sewer Department were entitled to have, receive and dispose of the fees and charges collected from farmers, traders, dealers and hucksters using the street markets in said city, or whether such fees and charges ought to be paid over to the Mayor and Council of Wilmington, for the general fund and uses of said city. * * Judgment was rendered in favor of the defendant in each case." (The fight was between "The Council" and the Street and Sewer Department.) Street and Sewer Dep't vs. Connell, 2 Penn. 571 at 571-2. (yr. 1900) SrEC. 20. All penalties incurred for the violations of the provisions of this ordinance shall be recoverable in the name how^recfover- and for the use of the City of Wilmington. '^'^'*^- Sec. 21. That an ordinance entitled, "An ordinance con- ^ , . Certain or- eerning the markets, ' ' passed at the City Hall, March 12th, dinances re- ' i- ./ 7 ! pealed. 1860, also an .ordinance entitled, "An ordinance to prevent 830 ORDINANCES. Resolution, Street and Sewer De- partment, July 12, 189S. Clerk of Market may allot spaces in market to two persons to be used alternately. Charge. forestalling in the markets of the City of Wilmington, ' ' passed at the City Hall, March 16th, 1865, and all other ordinances in the printed ordinance books of the city, and in the book of written ordinances (not yet printed) concerning markets, ex- cept "An ordinance for inspection of meats," passed April 6th, 1875, are hereby repealed. Passed at City Hall, January 5, 1883. ^RESOLUTION amending ordinance concerning markets. Be it Resolved by the Board of Directors of the Street and Sewer Department of Wilmington, Delaware. Section 1. That from and after the passage of this reso- lution the Clerk of the j\Iarket shall have power and be author- ized to allot a space or spaces in the farmers' and truckers' curbstone market in the City of Wilmington to two (<^) actual farmers or truckers, such space to be used by one of them on Wednesdays and by the other on Saturdays upon payment by them jointly of the sum now hy law payable for the use of the city and of the property o^vner or owners and of the additional sum of twenty-five cents each for the usual permit fee. In such cases the said Clerk shall issue proper permits to each of such persons. {a) The Act of April 1.5, 1885, (Sec. 3) reads,— "said clerk shall is- sue a certificate permitting such person to occupy such space for one year," &e. (See p. 150 of this volume.) The statute contemplates 07ie person for the entire year. Farmer hav- ing space may permit others to use same. Permission must be in writing. Sec. 2. That any bona fide farmer or trucker now or hereafter having space allotted to him or her, in said market, may, in writing permit one other farmer or trucker to use his or her space in the said market upon such market days as he or she may be absent from the said market. Such permission must be in writing, must designate the person to be allowed to use the space, and must be signed by the holder of the space in the presence of the said Clerk of the Market, and the person so permitted to use such allotted space shall, at the time of sign- 1. See Sec. 3 of the Act of Assembly authorizing curbstone markets, p. 150 of this volume. the establishment of ORDINANCES. 831 ing of said permission, pay to the said Clerk of the ^Market, the Charges. sum of fifty cents. Sec. 3. That hereafter the said Clerk of the [Market shall unoccupied be and is authorized and empowered to permit any actual spaces. farmer or trucker to use any space in the said farmers' and truckers ' curbstone market on any market day when the same shall be not actually and legally occupied by some one entitled thereto, upon payment to the said Clerk, of the sum of fifteen cents for such permission. Sec. 4. All fees collected by the Clerk of the ^Market un- Fees. der this resolution shall be for the use of the city, less the com- mission now allowed the Clerk of the Market by law for collec- tion. Adopted July 12. 1898. AX OBDINAXCE establishing a fruit, vegetable and produce market shed at Front and Church street wharves, in the City of Wilmington. Section 1. The new market shed erected at Front and Market at _ , Front and Church street wharves shall be used lor market purposes only church, by by such persons as bring their produce to the wharves afore- said in vessels and boats, and pay wharfage for laying along- side of said wharves with their vessels or boats, or fasten the same thereto. Sec. 2. Xo producer of fruit, vegetables or other produce who shaii of any kind, nor any dealer or huckster in fruit, vegetables or shainiot other produce whatsoever, will be allowed to use any portion market shed of the shed aforesaid for storing any merchandise therein, or purposes^* selling any merchandise therefrom, or on the wharves belong- ing to the city adjoining or contiguous to said market shed, unless such person did bring such fruit, vegetables or other merchandise to said wharves in a vessel or boat, and unload 832 ORDINANCES. the same in front of said market from such vessel or boat that has carried such fruits, vegetables or other produce to this city, for sale therein. shafi'how S^^- ^- There shall not be an}- particular part or portion ^'r^stan^n"' ^^ ^^^^ market shed set apart for the use of any particular per- shed™^'^^^* son or persons, nor shall any one person at any time use or oc- cupy more space within such market shed for his or her pro- duce than is absolutely necessary for him or her to display his or her merchandise therein. Penalty for violation of this ordi- nance. Sec. 4. If any other persons, other than those hereinbe- fore mentioned, shall store any merchandise therein, or shall sell any merchandise therefrom, such person shall, for every such offence, upon conviction thereof, forfeit and pay a fine of ten dollars, one-half of which shall be paid into the city treas- ury, and the other half thereof to the informer. Resolution, Street and Sewer De- partment, March 2, 1899. Under con- trol of Street and Sewer De- partment. Sec. 5. [This market shall be under the direct control of the Board of Directors of the Street and Sewer Department. Persons who may be entitled to use this market will be allowed to sell therefrom every day in the year except on Sunday, at such hours as they may deem proper.] Sec. 6. All ordinances and parts of ordinances inconsist- ent herewith are hereby repealed. Passed at Citv Hall, August 30. 1883. Boundary of King- and Madison streets. Ordinance. April 20. 1907. AX OBDIXAXCE regulating puhlic curbstone markets. Section 1. That the public curbstone markets now estab- lished on King and Madison streets in the City of Wilmington l)e and the same are hereby restricted to all that portion of (Madison street) lying and being south of [Ninth] ^ street 1. See ordinance of January 5, 1S83. with the amendment of April 20, 1907, incorporated therein, p. 818 of this volume. ORDINANCES. 833 (and all that portion of King street lying and being south of jufJ"^ i8S5°^ Ninth^ street.) Passed at City Hall, April 30, 1885. AX ORDIXAXCE establishing and regulating a fruit, t^e^e- Decide? 1900. tahle and grain market."^ Be it ordained, by the Council of Wilmington. Section 1. All that portion of Fourth street, between the Location of. building line on the westerly side of King street and the build- ing line on the easterly side of Orange street shall be set apart ^, ^ _ . . Name set and known as the fruit, vegetable and grain portion of the apart, farmers' and truckers' curbstone market, and shall be set apart for, and be used exclusively by, farmers for the sale of used ex- fruit, vegetables and grain of all kinds raised or grown on „ "^ . '^ ^ TVTiat may land occupied b}' such farmers or owners, lessees or farmers be sow. upon the share. Sec. 2. The market hours for the sale of the farm pro- Market ducts named in Section 1 of this ordinance, shall be the same hours as those named in the ordinance for the farmers' and truckers' market on King and ]\Iadison streets, passed at the City Hall, January 5th, 1883. Sec. 3. Every farmer or person standing in said market rp^ (jjgpiay. shall be allowed to display and sell his fruit, vegetables and grain on the sidewalk three feet from the curb thereof ; and in ^^ space, the street eight feet from the curb thereof ; and every farmer or person, upon backing his wagon up to the curb of said street, shall at once remove the shafts or tongue from said^^t^^® wagon. Sec. 4. The Clerk of the Market, during the month of cierk of the ^ Market. April of each and every year, shall lay off and allot spaces on Lay off ana allot spaces. 1. Tenth street. See Resolution of Street and Sewer Department, March 2, 18S9. p. 818 of this volume. 2. See Sec. 5 of ordinance of January 5, 1883, which the above ordi- nance practically repeals, p. 821 of this volume. See also Sec. 4. p. 820 of this volume. 834 ORDINANCES. either or both sides of said above mentioned streets in the man- ner set forth in Section 2 of an Act entitled, "A supplement to 'An Act to revise and consolidate the statute of the City of AVilmington, ' ' ' passed at Dover, April 13th, 1883. And until the said month of April the said Clerk of the Market may allot spaces at pro rata rates in the manner above mentioned. And and^carr^^*^ ^^^® ^^^^ Clerk of the jMarket shall in all other respects comply °"*^- with and carry out the provisions contained in all the sections of said Act, and the amendments thereto, so far as the same shall be applicable for the purposes of a fruit, veg^etable and ffrain market. Not more than one space on same side of street. Allotment. Charges. Sec. 5. The Clerk of the Market shall not set apart or al- lot to any one farmer more than one space on the same side of the street of said market ; but he may set apart and allot to one and the same farmer at one and the same time, for the period of one year, one space on one side of the market and one space on the other side of the market; and may charge therefor double the sum named in Section 3 of the above mentioned Act. May sell after com- plying with provisions. Sec. 6. Any farmer who has complied with all of the pro- visions of this ordinance, may sell fiiiit, vegetables and grain of all kinds as set forth in Section 1 of this ordinance, either in person or bj^ agent. To first ^^^- ^- -^"^ farmer or person shall expose for sale in said ^rov^sTons**^ market, any fruit, vegetable, grain or other thing whatsoever, until he has first complied with all the provisions of this ordi- nance. Not to as- Sec. 8. No farmer entitled to a space in said market shall let space. give, sell, assign or let his said space, in whole or in part, for any period of time, to any person or persons, whomsoever, ex- cept as mentioned in Section 6 of this ordinance. Restrictions Sec. 9. No farmer or person shall expose for sale in said as to sale of. jjj^rket, anything whatsoever, except fruit, vegetables or grain as set forth in Section 1 of this ordinance. ORDINANCES. 835 Sec. 10. The Clerk of the Market shall enforce all the cierk of Market shall pro\dsions of this ordinance, and in so doing, shall possess and enforce. be vested with all the authority'' and powers now possessed by Author- tv and vested in him ; by virtue of any and all laws, charter pro- ^^^ powers, visions, ordinances, resolutions, regulations or rules whatso- ever. Sec. 11. Any farmer or person violating any of the pro- Penalty. visions of this ordinance, shall be fined five dollars for each and every offence, to be recovered before the Judge of the Mu- nicipal Court of the City of Wilmington. Passed at the City Hall, December 20, 1900. 836 ORDINANCES. CHAPTER X ORDINANCE RELATING TO BUILDING REGULA- TIONS. Time of election of Building In- spector. Duties. Qualifica- tions. Bond. AN ORDINANCE providing for building regulations, for a Building Inspector, and prescrihing the duties of the Building Inspector for the City of Wilmington, Delaware. Be it ordained, by the Council of Wilmin^on (two- thirds («) of all the members elected to the Council concurring herein) : (o) It requires a majority vote to pass or re^^eal an ordinance. See Sec. 30, paragraph 2, the Charter. Section 1. The Council of Wilmington shall, at its first stated meeting in the month of May, A. D. 1910, and at the first stated meeting in the month of May in every third year thereafter, elect a Building Inspector whose duty it shall be to carefully inspect all buildings or structures that are being erected, enlarged, altered or repaired, as well as all buildings or structures or parts of all buildings or structures that are re- ported to him to be in an unsafe or dangerous condition for the purpose for which they are used or are intended to be used. Sec. 2; No person shall be eligible to the office of Build- ing Inspector unless he shall have been at the time of his elec- tion, either a practical builder, civil engineer, house carpenter or brick layer, and shall have been actively engaged as such for at least seven years. The Building Inspector shall, before en- tering upon the duties of said office, enter into bond (") with The Mayor and Council of Wilmington in the sum of four thousand dollars, with one or more sureties approved by the Finance Committee of The Council, which said bond shall be conditioned for the faithful performance of the duties of his ORDINANCES. 837 office. Before entering upon the duties of his said office he shall be required to make and subscribe before some person authorized by law to administer the same, the following oath or affirmation : "I do solemnly and sincerely swear (or affirm) that I am Oath. dul}^ qualified by law to act as Building Inspector, and that I will faithfully, impartially and truly execute and perform the duties of Building Inspector according to the best of my judg- ment and ability." (^) (a) For the legal meaning of the phrase "before entering upon the duties of said office ' ' see the case of Pickering vs. Day, 2 Del. Ch. 333 at 334. (jr. 1866) See Sec. 11 "a" of the Charter. (b) The above oath is not sufficient. The jiroper oath for "every officer of said city" to take, is prescribed by the Charter, and it must be taken. See Sec. 5 of the Charter. Said Building Inspector shall receive for his services a salary, salary of fifteen hundred dollars ($1,500.00) per annum, pay- able monthly, and an additional rate of twenty-five dollars per month for the keeping of a horse and equipments, but said sum for the keeping of a horse and equipments shall be paid only Horse for for the time that said horse and equipments are in the actual inspector service of the Building Inspector while said Building Inspec- tor is engaged in the performance of the duties of his office. He shall be charged with the inspection of buildings, with the enforcement of these regulations, and with such other duties in respect thereto as The Council may from time to time assign to him. It shall be his duty to sign and issue all permits, re- i^^^ies. ports and notices under these regulations, to keep on file all fn^ keep"on applications and notices received, to keep a record of all viola- p|fc|[io,^s' tions of this ordinance, together with the name of the owner or builder, the street and number where such violations are found, as well as all matters relating thereto ; keep forms or blanks for permits, reports or notices. He shall, at the end of fJl^ee's^coi-" each month, make return to the City Treasurer of all fees col- cft>^'Treas- lected bv him. He shall make a daily as well as a monthly re- "'■'^'*- . . Shall make port of all fees collected by him, to the Citv Auditor, said daily and . . ■ monthly re- monthly report to be itemized and sworn to, and he shall make port to city Auditor. a monthly as well as an annual report of all business trans- 838 ORDINANCES. Shall not be engaged as contractor, &c., while Inspector. Shall hold ofRce until May, 1910. acted by his office, to The Council. While holding the office of Building Inspector he shall not be engaged as a contractor, architect or builder, or be interested in the sale or manufac- ture of materials used in the construction of buildings. The present Building Inspector shall continue to hold office, at his present salary, until the first stated meeting in May, A. D. 1910, or until his successor is duly elected and installed, and he shall perform all the duties prescribed by this ordinance. Unlawful to erect, alter or repair buildings or parts thereof without a permit. Application shall be made in writing. Plans and drawings shall be pre- sented with application. No permit shall be granted un- less plans are approved. FILING PLxiNS. Sec. 3. It shall be unlawful to proceed with the erection, enlargement, alteration, repair or removal of any building or part thereof, or am^ platform or staging to be used for stand- ing or seating purposes, or of an}' structure within the mean- ing of any of the provisions of this ordinance unless a permit shall first be obtained from the office of Building Inspector. Applications for permits shall be made in writing by the OMTier or lessee, or the contractor employed by the owner or lessee, and shall be made upon forms or blanks to be furnished for that purpose by the office of the Building Inspector. In all cases plans and drawings, drawn to a scale of not less than one-eighth of an inch to the foot, on paper or cloth, in ink or by some process that will not fade or obliterate, shall be pre- sented with the application to build, alter or enlarge. All dis- tances and dimensions shall be accurately figured and all drawings made plain and explicit. No permit shall be granted or plans approved unless the plans and the application accom- panying same shall be stamped and approved by the Building Inspector with his signature, and no permit shall be granted unless it complies Avith the provisions of this ordinance. Applicant may be com- pelled to give notice. Plans shall remain on file until buildings are com- pleted. The Building Inspector may require any applicant for a permit to give notice of the application to any person whose in- terest may be affected by the proposed work. Plans and speci- fications of all buildings except private dwellings, shall remain on file at the office of the Building Inspector until after the completion and occupation of the building. change^"^ *° Sec. 4. It shall be unlawful to erase, alter or modify any plans. lines, figures or colorings contained upon any such clra'svings ORDINANCES. 839 or specifications stamped and approved by the Building In- spector or filed with him for reference. If during the progress ^re'to after " of the work, it is desired to deviate in any manner from the |j|fgfv^fn application and plans stamped and signed by the Building In- writing, spector, notice, in writing, of such intention must be given and the consent of the Building Inspector must be obtained "in writing," before any such changes are made. Provided, that no such change shall be made except it conform to the provi- sions of this ordinance. Sec. 5. Permits shall be granted or refused within fifteen „ " Permits davs after the application and the submission of the plans and acted upon ^^ . ^ . within flf- specifications. Every permit shall be considered cancelled if teen daj's. active work is not commenced within the period of six months . Work to from the date of its issue. Ordinary repairs mav be made commence . " within SIX without taking out a permit, but such repairs shall not be con- months, strued to include the cutting away of any brick or stone wall, or any portion thereof, the removal or cutting of any beam or support ; or the removal, change or closing of any stairway. Sec. 6. The fees to be charged by the Building Inspector shall be as follows : For every new building to be erected or old building enlarged, altered or repaired, if the cost to the owner at the completion thereof amounts to five hundred dol- lars or less, the fee shall be one dollar. If the cost at the com- pletion amounts to more than five hundred dollars and not more than one thousand dollars, the fee shall be two dollars, and one dollar for each additional thousand dollars or fraction thereof, of cost to the owner. For the inspection of heating- apparatus in all buildings in which the same has not hereto- fore been introduced the fee for inspection shall be one dollar. For the inspection of temporary or permanent shelter sheds the fee shall be two dollars. No fee shall be charged for a per- No fee for mit for any National, State, County, or ^Municipal Buildings, buildings. or any of the departments of the municipality of the City of Wilmington, but they and each of them shall be subject to all the other provisions of the ordinance. 840 ORDINANCES. Appeal. Taken with- in fifteen days. If from or- der to talte down dan- gerous structure — within two days. APPEALS. • Sec. 7. Any applicant for a permit from the Building Inspector required by this ordinance, whose application has been refused, or any person who has been ordered b}^ the In- spector to incur any expense, may appeal, by giving notice in writing of such appeal. If the appeal shall be from an order refusing a permit, it shall be taken within fifteen days from the refusal of such permit and not thereafter. If the appeal is from an order to take down or remove a dangerous wall or walls or a dangerous building or structure or part of a danger- ous building or structure it shall be taken within two days from the issuing of such order and not thereafter. In comput- ing the time within which an appeal may be taken, if the last day shall fall on a Simday or on a legal holiday, the appeal shall be taken on the preceding day. Notice. Notice of appeal may be given by leaving the same at the office of the Building Inspector. Person whose prop- erty is af- fected may appeal. Public Building Committee shall hear appeals. Further ap- peal to Mayor by depositing thirty dol- . lars. Three ex- perts ex- amine ap- peal and de- cide. Sec. 8. Any person, the value of whose property may be affected by work done or to be done under any permit granted by the Building Inspector may within three days after the commencement of the work, appeal by giving notice in writing that he does so appeal. All cases in which appeals have been taken as above provided shall be referred to the Public Build- ing Committee of City Council as a Board of Appeal. The said Board of Appeal shall, after hearing, direct the Building In- spector to issue his permit under such conditions, if any, as they may require, or to withhold the same, 'or to make such other or further order in the premises as the board may see proper. Provided, that should any party aggrieved object to the decision of the Board of Appeals, he, she or they may fur- ther appeal in writing to the Mayor of the city within three days of the decision of the Board of Appeals, specifying in such appeal the reasons and grounds therefor, and accompany- ing the same by the sum of thirty dollars. The JMayor of the city shall thereupon appoint three disinterested experts who shall be either master builders, engineers, or architects, who ORDINANCES. 841 ^liall within such time as the Mayor shall specify, carefully consider such appeal and make decision thereon. The decision of any two shall be the decision of the com- Ten dollars mission. They shall be paid for their services ten dollars each. pert. Sec. 9. The decision of the Building Inspector unap- Finality of clGcisions. pealed from shall be final and conclusive. The decision of the Public Building Committee of City Council as a Board of Ap- peal, in case such decision is not appealed from as above pro- vided, shall be final and conclusive. The decision of the exam- ining commission, in case of appeal to such commission, shall be final and conclusive when certified to the Building Inspec- tor. Provided, Jtowever, that no commission named in accord- ance with this ordinance shall have power or authority to set aside or nullify or alter any of the provisions herein, or order or require any .permit to be issued for a building to be con- structed otherwise than is herein required. («) (a) No commission or person, of course, could change the above or- dinance. Sec. 31 of the Charter prohibts even the Council from passing a special ordinance. See the case of Gray vs. Baynard, 5 Del. Ch. 499 at 502. (yr. 1883) Sec. 10. All buildings hereafter erected or altered in the Division City of Wilmington, except such as are hereinafter provided be hard non- ^ ' 1 11 1 -1 T • ■ n T „ combustible tor, shall have all outside or division walls constructed of material, stone, brick, iron or other hard non-combustible material, properly bonded and solidly put together, all the said walls shall be built to a line and carried up plumb and straight, and the several component parts of such buildings shall be con- structed in such .manner as herein provided. FOUNDATIONS. Sec. 11. The foundation walls of all buildings, excepting Foundation those that are erected on wharves or wharf piers on a water ^h^n^three*^^^ front, shall be laid not less than three feet below the exposed surface"^ surface of the earth on solid ground or level surface of rock. Where solid earth or rock is not obtainable, the said walls may be supported by a foundation of wooden piles or caissons filled Avith concrete or such other foundations as the Building In- foncfete. spector shall direct. Piles intended to support a wall, pier or 842 ORDINANCES. Size of pil- ing. Piling shall be cut off below water line. Size of rang- ing and cap- ping timbers. post shall be spaced not more than thirty-six or less than twenty inches on centres, and they shall be driven to a solid bearing, if practicable to do so. No pile shall be used of less dimensions than five inches at the small end and ten inches at the butt for short piles, or piles twenty feet or less in length, and twelve inches at the butt for long piles or piles more than twenty feet in length. No pile shall be weighted with a load exceeding forty thousand pounds, and the tops of all piles shall be cut off below the lowest water line. When required, concrete shall be rammed down in inter-spaces between the heads of the piles to a depth and thickness of not less than twelve inches and for one foot in width outside of the piles. When ranging and capping timbers are laid on piles for foun- dations they shall be of hard wood not less than six inches thick and properly joined together, and their tops laid below the lowest water line. Limit of load on certain soils. No founda- tion on soil containing organic matter. Base course of concrete. Size. Sec. 12. Foundations of other materials than piles shall be so proportioned that the loads upon the soil shall not ex- ceed the limits for the different kinds of soil than herein given, to wit : sand and loose gravel, three and one-half tons per square foot ; dry, hard clay, three and one-half tons per square foot ; cemented gravel, six tons per square foot ; for soils other than those above specified, the loads to be determined by the Building Inspector. No foundation shall be laid on any soil containing organic matter. The footing or base course shall be of stone or concrete, or both, or steel beams bedded in concrete, or concrete and stepped-up brickwork; all of the said footing or base courses to be of sufficient thickness, breadth and strength to safely bear the weight to be imposed thereon. If the footing or base coarse be of concrete, the concrete shall not be less than twelve inches thick ; if of stone, the stones shall be laid edge to edge, and shall not be less than two by three feet, and at least eight inches in' thickness for walls, and ten inches in thickness for piers or columns. If stepped-up footings of brick are used in place of stone above the concrete, the offsets shall be laid in single courses, and shall not exceed one and one-half inch, starting with the brickwork, covering the entire width of the concrete. ORDINANCES. 843 If steel beams or rails are used for a footiim- or base ^^'i^^ beams ^ and rails course, thev must be thoroughly embedded in concrete, the in- J""st be em- ' " => ^ y . bedded in gredients of which must be such that after proper ramming concrete, the interior of the mass will be free from cavities ; the beams or rails must be entirely enveloped in concrete, and around the exposed external surfaces of such concrete there must be a coating of cement, of standard quality, at least one inch thick ; this concrete, and all concrete in contact with metal work, shall be made of Portland cement, and the broken stone used shall Limestone not be limestone of anv character. shall not be used. FOUNDATION WALLS. All foundation walls and cellar walls shall be built of waus!^^"°"- stone, brick or Portland cement concrete, if constructed of stone or concrete, they shall be at least six inches thicker than ^'^®' the wall next above them to a depth of twelve feet below said wall, and shall be increased six inches in thickness for every additional ten feet in depth below the said twelve feet ; and if of brick, they shall be at least four inches thicker than the wall next above them to a depth of twelve feet below the said w^all, and shall be increased four inches in thickness for every ten feet below the said twelve feet. If there be cellars or excava- ceiiar walls, tions, foundation walls, except in dwelling houses, shall start at least twelve inches below the cellar bottom. Foundation walls for dwellings, private stables and carriage houses, and buildings of a similar light character, if of stone, shall not be less than eighteen inches thick. STONE W^VLLS. Require- All stone walls twenty-four inches or less in thickness ^on?wlifs° shall have at least one header extending through the wall in every three feet in height from the bottom of the wall, and in every three feet in length, and if over twentj'-four inches in thickness shall have one header for every six suprficial feet on both sides of the wall, laid on top of each other to bond to- gether, all headers shall consist of good flat stones. Stones ^ ' ^ . . stones must shall be firmlv bedded in mortar and all spaces and joints thor- be in mor- tar. oughh' filled. 844 ORDINANCES. Certain foundations may be laid in lime mortar. Exception. Foundation M'alLs of dwellings, private stables and car- riage houses, and buildings of a similar light construction may be laid in lime mortar. The foundation walls of all other buildings shall be laid in cement mortar; provided, that this section shall not be construed to prohibit the use of cement and lime mortar, when in the judgment of the Building Inspector the nature of the construction may permit of its use. Concrete or mortar. CONCRETE AND MORTAR. It shall be unlawful to use concrete, or mortar the ingredients of which are not thoroughly Proportions of cement mortar. Sec. 13. of any kind, mixed, and which are not free from lumps or other unmixed portions of any of the ingredients. Cement mortar shall be made of sand and cement in the proportions of not more than three parts of sand to one part of cement, and shall be used im- mediately after mixing. Cement and lime mortar shall be made of one part lime, one part cement, and three parts sand Lime mortar, to cacli. Jjime mortar shall be made of not more than four parts of sand to one part of fresh-burnt lime, and shall not be used before being thoroughly slaked. Concrete for footings and foundations shall be made of one part cement, two parts of sand and five parts of small, clean, broken stones. Cement used in all the said mortars and concrete shall be Portland, or other equally good quality ; the sand shall be clean and sharp and free from earthy matter. Portland ce- ment must be used. Minimum thickness of brick walls for business manufactur- ing and pub- lic build- ings. MINIMUM THICKNESS OF BRICK WALLS FOR BUSINESS^ MANUFAC- TURING AND PUBLIC BUILDINGS. Sec. 14. The thickness of brick walls for business, manu- facturing and public buildings, seventy-five to one hundred and twenty-five feet long by twenty-six feet or less, clear span, shall not be less than the number of inches in the following table : ORDINANCES. 845 One -story . Two-story.. Three-story Four-story . Five -story ., Six-story.... Seven-story Eight-story. ■*r> TS 13 JS A iJS J3 c •«rH c^ ^ ^ tri vo t^ 13 13 13 18 13 13 18 18 13 13 22 18 i 18 13 13 i 22 22 18 18 13 13 26 22 1 22 18 18 13 13 26 26 22 22 18 18 13 00 13 For buildings of the same character, less than seveuty-tive feet long; also, hotels, apartment and tenement houses, the thickness of the walls may be reduced by making the three up- per stories thirteen inches thick, and following from that down to tlte lowest story in the same sequence as in the above table. Xon-bearing walls of buildings, hereinbefore in this section specified, ma^' be four inches less in thickness. Pro- vided, however, that none are less than thirteen inches thick except as hereinafter specified. If there is to be a clear span of over twenty-six feet between walls, the bearing walls shall be four inches more in thickness than is in this section specified, for every thirteen feet or fraction thereof, the said walls are more than twenty-six feet apart; all buildings over one hun- dred and twenty-five feet in length of depth, without a cross wall or proper piers or buttresses, shall have the side or bear- ing walls increased in thickness four inches more than is speci- fied, for every seventy-five feet or fraction thereof that said walls are over one hundred and twenty-five feet in length. The amount of materials elsewhere herein specified may be used in either piers or buttresses, but no curtain wall between such pier or buttresses shall be less than thirteen inches thick. Walls surrounding stairs, elevator shafts, fire escapes and rounding^ ' light walls, if of brick shall not be less than eight inches thick ; sha?ts° fire but they shall be increased in thickness, with the increase in ^^'^^p*^^- '^'^• height, to a sufficient extent to keep the load on the brick work within the maximum load elsewhere herein specified. Nothing in this section shall be construed to prevent the erection of 846 ORDINANCES. of l^framl^- ^^S^^^ wells, Constructed of a framework of iron or steel, filled work of iron {^ ^yjth glaSS. or steel. = Require- ments as to height of stories. HEIGHT OF STORIES. Sec. 15. The height of stories for all given thicknesses of walls must not exceed eleven feet in the clear for basement, eighteen feet in the clear for the first story, fifteen feet in the clear for the second story, fourteen feet in the clear, average height,- for any upper story ; and if any story exceeds these heights, respectively, the walls of such story and all the walls below the same shall be increased four inches in thickness, ad- ditional to the thickness alreadv mentioned. stores, ware- houses or factories having over 26 feet clear span. Iron or steel girders may be used. PUBLIC BUILDINGS, STORES, WAREHOUSES OR FACTORIES OVER TWENTY-SIX FEET CLEAR SPAN. Sec. 16. Stores, warehouses and factories over twenty-six feet, clear span, shall have the floors carried on brick partition walls, or girders supported by columns of wood or iron, or piers of masonry. Iron or steel trusses or girders may be used : Provided the supporting walls are increased in thickness by the addition of piers or buttresses to a sufficient extent to keep the load on the brickwork within the maximum load elsewhere herein specified. Walls shall ^^^- 1^- ^^ ^^ ^ase shall any wall or walls of any build- ried'ifp^more ^^o ^^ Carried up more than one story in advance of any other ston''in\d- ^^'^11 without the permission of the Building Inspector. The other waHs^ front, rear, side and party walls should be properly bonded together, or anchored to each other, every six feet in their height, by wrought iron tie anchors not less than one and one- half inches by three-eights of an inch in size. The said anchors shall be built into the side or party walls not less than sixteen inches, and into the front and rear walls so as to secure the front and rear walls to the side or party walls when not built, and bonded together. Bonding Brick walls. BRICK WALLS. Sec. 18. In brick walls, at least every seventh course of brick shall be a heading course, except where walls are faced with face brick, in which case at least every seventh course ORDINANCES. 847 shall be bonded with Flemish headers, or by cutting the cor- ners of the face brick and putting diagonal headers behind the same, or iron ties. In all buildings where the walls are built hollow the same amount of brick or stone wall shall be used in ^°|}s'^' their construction as if they were solid, as heretofore set forth, and no hollow bearing walls shall be built unless the two walls forming the same shall be connected by proper ties of the same material as the walls, or stone or iron, placed not over two feet apart. The inside four inches of all walls may be built of hard burnt hollow clay, or porous terra-cotta, blocks properly tied and ?^.i^Jf^' and bonded into the walls and of the dimensions of ordinary "^^"^ blocks, brick. All walls of brick shall be thorouo-hly bonded and solidly Brick waiis ■- '' •' must be .put together, and shall be built to a line, plumb, level and bonded, straight ; all bricks to be laid and bedded with well filled joints. Ever}' course when laid shall have the joints well Hushed up ; all bed joints not covered are to be struck. The brick walls be- -ggj^^ ^^^.^ low the curb level of all buildings, other than dwellings and Jevei must ^ ' _ ° . . be laid m buildings of a similar light construction, shall be laid in cement, cement mortar. Piers built for the support of any column, post or wall shall be laid in cement mortar: Provided, that „ ^ ' Exception. this section shall not be construed to prohibit the use of cement and lime mortar, when in the judgment of the Building In- spector the nature of the construction may permit its use. The brick used in all buildings of this character shall be good, hard, well burned and well shaped brick. THE BUILDING INSPECTOR. Sec. 19. The Building Inspector shall upon the applica- sp^cto"^ tion of any owner or owners of any buildings or their author- IxfEthig'^*^^ izecl agents, or upon the application of any person or persons ^^^p^' add|! about to erect any new building or buildings, examine any or be erected." all existing party or division walls, and if they are deemed by the Inspector to be defective, out of repair, or insufficient and unfit for the purpose of the old building existing upon the ad- joining premises, or of the new buildings about to be erected, such party or division wall or walls shall be repaired or made good or taken down by the parties building, as the Inspector's 848 ORDINANCES. decision ma-y be. In every case where such wall or walls are waHs^*^'^^ defective, out of repair, or insufficient for the purpose of the buildings there existing upon the ad.joining premises and using the same, the cost or expense of such repair or removal, together with the expense of the new wall or walls to be erected in lieu thereof, shall be borne and paid by the owner of said buildings upon the adjoining premises and the party erecting ExpeiiVe.'^ the new buildings in proportion to the amount of such wall or walls which is or shall be respectively used by their said build- ings ; and in every case where such wall or walls are defective, out of repair, or insufficient only for the purpose of the new buildings, the cost and the expense of such repair or removal, together with the expense of the new wall or walls to be erected in lieu thereof, shall then be borne and paid exclusively by the parties erecting the new buildings, and they shall also in such case make good all damages occasioned thereby to the adjoin- ing premises. OliD PARTY WALLS. Old party Sec. 20. Walls heretofore built for or used as partv walls walls may be . . ^ , • used if whose thickness at the time of their erection was m accordance height is not -i, • pti --i i t • ^ increased. With the requirements of the then existing laws, but which are not in accordance with the requirements of this ordinance, may be used, if in good condition, for the ordinary use of party walls : Provided, the height of the same be not in- creased. In case it is desired to increase the height of the ex- Manner in . . . 1 • , 1 " • 1 • 1 which height istiug party or independent wails, which are less m thickness may be in- --iti-t it creased. than required under this ordinance, the same may be done with a lining of brickwork to form a combined thickness with the old walls of not less than four inches more than the thickness required for a new wall, corresponding with the total height of the wall when so increased in height. The said lining shall be supported on proper foundations lining."^^^ ° aud Carried up to such a height as the Building Inspector may require. No lining shall be less than nine inches in thickness and all lining shall be laid up in cement mortar, and thor- oughly anchored to the old brick walls with suitable wrought iron anchors, placed two feet apart, and properly fastened or driven into the old walls in rows, alternating vertically and ORDINANCES. 849 horizontally with each other; the old walls being first cleaned of plaster and other coatings where any lining is to be built against the same. In all cases where there is such increase of qm walls °^ walls a new foundation shall be built, in such manner as to J'^^J^^^^^j^^j^"^ carry jointly both the new and old walls, and the soil under such foundation shall not be loaded beyond the limits else- where herein specified. This section shall not be construed to prohibit the raising of the party walls in dwellings an addi- ^ans maybe tional story, if upon inspection the walls are found good, and raised, the load on the brickwork is within the maximum elsewhere herein specified. RECESSES IN WALLS. Sec. 21. No recess shall be made in any wall more than Recesses in one-third of its thickness. Recesses for alcoves shall not ex- ceed eight feet in width, and shall b^ arched over and not car- ried up higher than eighteen inches below the floor next above. The aggregate area of recesses in any wall shall not exceed one-fourth of the whole area of the face of the wall on any storj^, nor shall any such recesses be made within a distance of six feet of any other one in the same wall. If there be stone ashlar used for the facing of any building, the said stone ash- lar, if three inches thick or less, shall not be reckoned in the thickness of the wall. All stone used for the facing of any building except where alternate headers and stretchers, shall be strongly anchored with iron anchors set in each stone at least one inch. This section shall not be construed as to pre- vent chases for water, soil or heat pipes in nine inch brick walls, when said brick walls do not exceed twenty feet in height. MINIMUM THICKNESS OF BRICK WALLS FOR PRIVATE DWELL- INGS, ETC. Sec. 22. The minimum thickness for all brick walls of Minimum thickness of private dwellings, private stables and carriage hoiises, shall be l^'J^i^ ^aiis ^ . o ? foj. piivate as follows : All such buildings with a floor area on any floor dwellings, " • etc. of eight hundred square feet or less, provided the height of said building does not exceed 36 feet, shall be constructed with external and party or division walls at least 9 inches in thick- 850 ORDINANCES. ness. If the floor area on any floor is more than eight hnn- dred square feet and less than fourteen hundred square feet, and the height of the building does not exceed 38 feet, all the walls shall be 13 inches in thickness to the second floor joists. If the floor area on anj^ floor is fourteen hundred square f<3et and less than eighteen hundred square feet, and the height of the building does not exceed 38 feet, all the walls shall be at least thirteen inches in thickness to the third floor joists. If the floor area on any floor exceeds eight hundred square feet, all the walls shall be at least 13 inches in thickness the entire height. The Building Inspector shall have authority to in- crease the thickness of any of the walls herein specified, if in his judgment the nature of the construction requires it to be done. All walls shall be squared up thirteen inches thick, with hard burned brick, to the top of the first floor joists. No soft or salmon brick shall be used in the exposed walls of any build- ing described in this section. Party walls, if built of stone, shall be at least eighteen inches thick. The party walls of all ston^party^ buildiugs shall be built up and extended at least ten inches '^'^^^^- above the roof, and be corbelled out at least two inches beyond all projections and cornices with solid masonry. Where the Mansard ^'00^ i^ mansard (unless the same is constructed of fireproof roofs. material throughout), the lower slope of said wall shall extend at least six inches distant and parallel with the roof covering, and be corbelled out at least two inches beyond the outer edge of all projections with solid jnasonry. All party walls shall be coped with stone or metal or other hard incombustible material. „ ,. Sec. 23. In all dwellings hereafter erected the cellars Cellars un- ° der whole shall extend underneath the whole house and be ventilated house. from both ends. The bottom of all cellars shall be covered Bottom of ^^rith concrete at least two inches thick, or such material as cellars shall ' be concreted, shall be approved by the Building Inspector. Open space Every such new dwelling house shall have an open space attached to it m the rear or at the side equal to two hundred square feet of clear space, unobstructed by any overhanging structure. ORDINANCES. 851 CHIMNEYS AND FLUES. Chimneys Sec. 24. In buildings hereafter erected, altered or re- ^^^ fl"^^- paired, all chimneys shall be built of brick, stone or other in- combustible material. Brick chimneys shall have walls at least nine inches thick, unless terra cotta flue linings are used, in which case four and one-half inches of brickwork may be omit- ted. All chimneys or smoke flues shall have a wall nine inches Thickness thick at the back, and when corbelled out shall be supported °^ waiis. by at least five courses of brick, and if supported by piers, the same shall start from the foundation on the same face with the breast above. All chimneys shall be bonded to the walls at every course s^au be^^ from the bottom to the top. The inside of all brick flues shall I^?j^'][|f*^ *° be built of hard burnt brick and have struck joints, except when lined with terra cotta. All chimnej-s shall be topped out at least three feet from the top of the roof at point of contact if a flat roof, and at least two feet above the ridge of a pitched roof. No chimney in any building already erected or hereafter to be built shall be cut off below, in whole or in part, and sup- ported by wood, but shall be wholly s.upported by stone, brick or iron, and all chimneys in any building already erected or hereafter to be erected, which shall be dangerous in any man- ner whatever, shall be repaired and made safe or taken down. No wood furring shall be used against or around any chimney, but the plastering shall bo directly on the masonry or on the ^hau be used metal lathing. Flues of ranges and boilers, and other similar afound^ °^ flues shall have the outside exposed to the height of the ceiling, chimneys, or be plastered to the bricks. FIREPLACES AND HEARTHS HOW CONSTRUCTED. Sec. 25. All hearths shall be supported bv trimmer arches construction ^^ _ • of fireplaces, of brick, stone, iron or concrete, or be of single stone at least six inches thick, built into the chimney and supported by iron beams, one end of which shall be securely built into the ma- sonry of the chimney or an adjoining Avail, or which shall otherwise rest upon incombustible support. The brick jambs of every fireplace or grate opening shall be at least nine inches width. wid& each, and the backs of such openings shall be at least nine 852 ORDINANCES. Portable ranges shall be on brick, &c. inches thick. All hearths and trimmer arches shall be at least twelve inches longer on either side than the width of such opening, and at least eighteen inches wide in front of the chim- ney breast. Brickwork over fireplaces and grate openings shall be supported by iron bars or brick or stone arches. All brick- set or portable ranges shall be set on hearths of brick, slate or cement, the said heartlis to extend at least twelve inches be- yond the face of the range. No brick-set or portable range, or heating apparatus of any kind, shall be set against a wood or lath and plaster partition. How stove pipes may enter flues. Furnaces, boilers and smoke pipes. HOW STOVE PIPES MAY ENTER FLUES. Sec. 26. No stove pipe in any building with combustible floors and ceilings shall hereafter enter any flue nearer than twelve inches from the floor or ceiling, and in all cases when smoke pipes pass through the stud or wooden partitions, floors or roof, whether plastered or not, they shall be guarded by either a double collar or metal, with at least two inches of air space all around and holes for circulation of air, or by a soap- stone ring or solid casting of plaster of paris, not less than three inches in thickness, and extending through the partition, or by an earthenware ring one inch from the pipe at every joint. FURNACES, BOILERS AND SMOKE PIPES. Sec. 27. In all cases where hot water, steam, hot air or other furnaces are used the top of the furnace and smoke pipe shall be at least eighteen inches below the joists or ceiling above the same unless said joists or ceiling shall be properly protected by a shield of metal plate suspended above the said pipe with, at least three inches of space for the free circulation of air above and beloAv the said shield, in which case the smoke pipes shall be kept at least ten inches from the aforesaid joists or ceiling; no boiler to be used for steam or motive power, and no furnace shall be placed on any floor above the cellar floor unless the same is set on non-combustible beams and arches, or an incombustible platform, and in no case without a permit from the Building Inspector. ORDINANCES. 853 HOT AIR REGISTER AND FLUES. Sec. 28. All hot air registers set in the floor of any build- isters must b© set in. ing' shall be set in a border of soapstone or other fireproof ma- soapstone, terial, and all floor or register boxes to be made of sheet metal with flange on top to fit the groove in the border, the regnster to rest upon the same, and there shall also be an open space of two inches on all sides of the register box, extending from the under side of the ceiling to the border of the floor, the outside of the space to be covered with a casing of metal made tight on all sides, and to extend from the under side of the aforesaid ceiling up to and turn under the said border. No tin or metal Tin or metal n i< • • • 1 f • 1 flues of a flue or flues, pipe or pipes, or register box or boxes oi a single thickness thickness of metal, used and intended to convey .heated air inmittedun- any building hereafter to be built, altered or repaired, shall be the waii. allowed, unless the same be built in a Avail of brick or stone. In all other cases, the said flue or flues, pipe or pipes, register box or boxes, shall be made double ; that is, two pipes, one in- side the other, at least one-half inch apart, or covered with wire lathing, and the studding covered with tin or other fire- proof material, so as to be thoroughly fireproof. Provided, that it shall not apply to pipes leading from a heater to the hot air flue. No wood furring or lath shall be placed against any flue, metal pipe, or pipes, used to convey heated air or steam in any buildins-. No permanent or stationarv heating appa- ^, , ,. •^ "- ^ • '^ '^ /^ No station- ratus of anv kind whatever shall be introduced in anv build- an' heating apparatus iiig now erected without a permit from the Building Inspector, without WOOD GIRDERS. JOISTS, ETC. Sec. 29. In no building shall any wooden girders, joists ^rs'm)t^^^' or timbers be placed nearer than two inches of the outside of "^•oTncill^'^ any smoke, hot air or other flue ; and all joists or other timbers ^^ ^^^' ^"^• in the. party walls of any buildings hereafter erected whether built of stone, brick or iron, shall be separated from the joists or timbers entering into the opposite side of the wall by at least two inches of solid mason work. Every trimmer over four feet long, except in a dwelling, shall be huiig in wrought or malleable iron stirrups of suitable dimensions, and no tim- ber shall be iLsed in any wall of any building where stone, brick or iron is commonh' used, except bond timbers and liu- 854 ORDINANCES. Stud partitions. Joists — end to end shall be strapped. Floor joists — not more than 16 inches from centre to centre. tels as hereinbefore provided for, or as may be approved by the Inspector, and no exposed bond timber in am- wall shall in width and thickness exceed that of a course of brick. Where stud partitions are parallel with the joists, the joists support- ing them are to be doubled in all cases. Each tier of joists shall be anchored to the bearing walls at intervals of not more than ten feet with good, strong wrought iron anchors. Where the joists are supported by girders, the girders shall be anchored to the walls, all the said joists or girders shall be so anchored that in falling they will free their owti anchorage without injury to the wall. The ends of joists resting upon girders, if butted together end to end, shall be strapped with wrought iron straps at the same joists that is anchored to the M'all, or the}" may lap each other and be thoroughly spiked or bolted together. Where joists are hung in iron stirrups from the girders they must be strapped as before described. Floor joists shall be placed not more than sixteen inches from centre to centre and must be properlj^^ bridged with one row of bridg- ing for each eight feet of span. All joists that are used must be sound and well seasoned. No floor joists shall be blocked up or levelled on more than one dry course of brick. The ends of cill wood floor and roof beams, where they rest on brick or stone walls shall be cut to a bevel of at least two inches on their depth. Gas or water pipes not within 24 ~ inches of ends. Roof covering. Materials. All gas, water or other pipes introduced into au}^ building shall not be let into the joists unless the same be placed within twent3^-four inches of the ends of said joists, and in no build- ing shall the pipes be let into the joists more than two inches in depth. EOOF COVERING. Sec. 30. The planking and sheathing of the roof of every building hereafter to be erected or altered shall in no case be extended across the party wall thereof, and ever}^ such build- ing and the tops and sides of every dormer window thereon^ except such as are hereinafter provided for, shall be covered with slate, zinc, tin, iron, copper, or such other equally good fireproof material as the Building Inspector may authorize. Nothing in this section shall be construed to prohibit the re- ORDINANCES. 855 pairing of a shingle roof, provided the repairs do not amount to over one-half of the value of said roof, in which case the whole must be replaced by some fireproof material. All build- ings shall be kept provided with proper metallic leaders for ^|^|}}|fQ,^. conducting water from the roof to the ground or sewer, in such doctors. manner as shall protect the walls and foundations from dam- age. MEANS OF EXIT THROUGH THE ROOF. Sec. 31. All buildings hereafter to be built with flat roofs f^^'l t^i-ough shall have scuttle frames and covers, or bulkheads and doors, to be open outAvard, and be covered with some fireproof ma- terial, and scuttles shall have stationarj^ ladders leading to the same, and all such scuttles and ladders shall be kept so as to be ready for use at all times ; all scuttles shall be in size of open- ing at least two feet by three feet, and if a bulkhead is used in opening. any building in place of a scuttle it shall have stairs with a sufficient guard or hand-rail leading to the roof, and in case the building be a tenement house, the doors or covers to scut- tles or bulkheads shall at no time be locked, but may be secured bj'^ bolts or hooks on the inside. EXTERIOR CORNICES AND GUTTERS. Sec. 32. All exterior cornices and gutters hereafter erected shall be of some fireproof material, and in everv case, cornices and except when carried on a framework of iron or steel, the great- est weight of the material of which the cornice shall be con- structed shall be on the inside of the outer line of the wall, al- lowance being made for the leverage produced by the projec- tion of the cornice beyond the face of the wall ; and in all cases the walls shall be carried up to the under side of the roof planking and where the cornice projects above the roof, the wall shall be carried up to the top of the cornice. All exterior wooden cornices that may be or shall hereafter become unsafe of fireproof "^ materials. shall be taken down, and if replaced, shall be constructed of some fireproof material. All exterior wood cornices or gutters Repairs. that may hereafter be damaged by fire or by decay to the ex- tent of one-half the value thereof, shall be taken down, and if replaced shall be constructed of some fireproof material, but if not damaged to this extent, may be repaired with the same 856 ORDINANCES. Exception. kind of material of which originally constructed. This section shall not he construed to prohibit the construction or repair of wooden cornices on private dwellings built in sections of the city where the majority of the buildings of the block or street are iLsed only for dwelling purposes. Public buildings shall have certain means of egress. Tower stair- way in fac- tories and stores. PUBLIC BUILDINGS, ETC., MEANS OF EXIT. Sec. 33. All buildings hereafter erected or altered to be used as a school-house, hospital, asylum, hotel, apartment or tenement house, office building, store, manufactory, (") or workshop, or place of assembly or resort, shall have such num- ber of good and sufficient stairways, or other means of egress, as shall be determined by the Building Inspector. (^) Stores in which any of the stories above the second have a clear floor space of four thousand square feet, and manufactories three or more stories in height, of the floor area per story of three thou- sand square feet, shall have a tower stairway, completely in- closed, on the interior of the building, with brick walLs of such other fireproof materials as shall be accepted by the Building Inspector. Should the floor area of any store above the second, in said stores or manufactories, exceed ten thousand square feet, the Building Inspector may require one or more addi- tional tower stairways. (a) For a construction of words used in the prior building ordi- nance, in force when the above ordinance was passed, see the case of Giles vs. Diamond State Iron Co., 7 Houst. 453 at 46-5. (jr. 1887) (b) As to fire escapes, see Eevised Code of 1893, p. 929. Arches in doors and windows. ARCHES AND LINTELS. Sec 34. Openings for doors and windows in all build- ings, except as otherwise provided, shall have good and suffi- cient arches of stone, brick or terra cotta. well built and keyed, with good and sufficient abutments or lintels of stone, as fol- lows : For an opening not more than four feet in width the lin- sizes. tel shall not be less than seven and one-half inches in height and three inches in thickness; for an opening not more than six feet in width, the said lintel shall not be less than ten inches in height and four inches in thickness ; for an opening ORDINANCES. 857 more than six feet and less than eight feet in width the said lintel shall not be less than twelve inches in height and four inches in thickness ; all lintels eight feet and over in width, shall be iron or steel beams or girders. No lintels shall have a bearing of less than four and one-half inches on the walls, and on the inside of all openings six feet or less in width, in which the lintels shall be less than the thickness of the wall to be sup- ported, there shall be a good and proper size timber lintel, which shall rest at each end not less than four and one-half inches on the wall, and shall be bevelled on each end, and shall , have a double counter or dead arch turned over the same when practicable. Openings over six feet and less than eight feet in width shall have the inside lintel of iron or steel. Iron or steel IRON OR STEEL BEAMS SPANNING OPENINGS. Sec. 35. All iron ,or steel beams or girders used as lintels nfng^oplnf-"' to span openings eight feet or over in width and not exceed- *"^^- ing twelve feet, upon which a wall rests, when not supported by iron or steel jamb boxes, shall have a bearing of at least eight inches at each end by the thickness of the wall supported. For openings over twelve feet, the bearing shall be at least twelve inches. When the lintels or girders are supported at Girders shall the ends by brick walls or piers, they shall rest upon cut gran- gr|^n?te or ite or other stone blocks of equal strength, or cast iron plates ^^one. of equal strength may be used. If the opening is twelve feet or less, the stone block shall not be less than eight inches thick, and shall be proportionately^ increased when the opening is more than twelve feet. All blocks or plates used shall be the full size of the bearings. In all cases the bearing shall be suf- ficient to support the w^eight placed upon it with safety. All ii-on or steel iron or steel beams or girders used in any building shall be fjss fn^Mck- throughout not less in width than the thickness of the wall to "hit of^he be supported. '*^''^^'- TEMPORARY WOODEN SHEDS FOR MECHANICS. Sec. 36. Whenever the owner of any lot of ground is de- Temporary •^ ° wooden sirous of improving the same by the erection of a new building sheds. or buildings thereon, the Building Inspector may permit the owner of such lot to put up a wooden shed on the same or the 858 ORDINANCES. Frame kitchens. Size. Restrictions. neighboring lot for the nse of the mechanics employed on said building while preparing their Avork; provided, however, that such permission shall not extend to a longer time than until the building proposed to be erected shall be entirely finished, at which time the owner or owners of the lot on which such shed has been put up shall cause it to be taken down and re- moved. FRAME KITCHENS. Sec. 37. It shall only be lawful to erect frame kitchens to be attached to a brick or stone dwelling as follows : The said kitchen shall not exceed twelve feet in height and must not connect with any frame bay projecting from an upper stor^'-, said kitchen shall not be erected within five feet of any similar construction composed wholly or in part of wood, unless the sides of said kitchen facing such structure shall be covered with fireproof material, and in no case shall the distance divid- ing such structures be less than three feet unless the ends shall have division walls of masonry not less than nine inches thick built from the foundation of the building and carried up above the roof as hereinbefore provided for party walls. No such kitchen shall exceed in dimensions twelve by sixteen feet or cover more than one hundred ninety-two square feet of ground. The brick or stone wall from which the said frame kitchen extends must continue up above the roof of same, and have no communication with the main building except the doorway leading thereto. FRAME SHELTER SHEDS. Permit for shelter sheds Sec. 38. Permits to build frame shelter sheds for the stor- upon con- „. iii Tii-r-»-TT sent of ad- age 01 gram, coal, lumber, etc., may be granted by the Buud- erty owners, ing Inspector provided the consent of the property owners "on both sides of street where the proposed shed is to be lo- cated" is obtained in writing. All permits for the erection of frame sheds may be revoked, and the shed shall be removed within thirty days after notice from the Building Inspector. No bay and BAY AND ORIEL WINDOWS, oriei win- dows on first g^^_ gg_ j^ ^j^.^^^ ^^^^ ^^^ lawful to crcct or construct upon ORDINANCES. 859 the first story of any building any bay, oriel, store or bulk win- dow, projecting- beyond the street line. («) (a) If the ordinance be \aolated by one building a bay window be- yond the building line, the Court of Chancery will not interfere and grant an injunction, unless the "encroachment * * be of such a character as to materially and substantially interrupt or impede the public use of the same as a street or highway." (500) The ChanceUor: "In a clear case of substantial and material en- croachment upon a public street or highway, of such a character as to seriously interfere with its use, I would consider it my duty to act without the aid of a jury, but where the encroachment, al- though illegal, is not of that character, the proper tribunal is a court of law, which has full power, not only to punish the offender, but to abate the nuisance. ' ' The * ' remedy is hj indictment. ' ' Gray vs. Baynard, 5 Del. Ch. 499 at 505. (yr. 1883) It shall not be lawful to erect or construct any bay or oriel window on the second or any upper stories of any building, projecting more than three feet beyond the building line. No two bay or oriel windows, upon the same story shall be Distances, built nearer to each other than five feet. Bay or oriel windows may be built of combustible material in private dwellings of three stories or less in height ; provided, such bay or oriel \\dndows shall not have a greater width than fourteen feet at wall line of building, and provided, that the outside walls and roofs of such bay or oriel windows except such as are hereinafter provided for, are covered with slate, tile or metal, or other hard incombustible material. In all other cases, bay or oriel windows and their supports shall be constructed entirely of incombustible material. BALCONIES AND PORCHES. Sec. 40. Porches built of combustible material, resting on ^nd^porches. masonry foundations not less than one foot above finished grade may be two stories in height if attached to non-fireproof dwell- ings, but no outside wooden stairs shall be constructed more than one story high. No wooden balcony or porch shall pro- ject from any building above the third floor joist. WOODEN FENCES. Sec. 41. It shall not be lawful to build any fence of wood f^nces^."^ dividing or enclosing any property, of a greater height than Height. 860 ORDINANCES. ten feet from the ground, nor any fence beyond the building line. Provided, however, that railings may be constructed around excavated areas now existing. This section shall not prohibit the erection of a temporary fence during building operations, but no such fence shall be erected more than five feet from the building line. Mansard roofs. MANSARD ROOFS. Sec. 42. Mansard roofs. If a mansard or other roof of like character having a pitch of over sixty degrees be placed on any building, except a dwelling house not exceeding three stories nor more than forty feet in height, it shall be con- structed of iron rafters and lathed with iron or steel on the in- side and plastered, or filled in with fireproof material not less than three inches thick and covered with metal, slate or tile. Frame buildings damaged not more than half in value to be repaired. FRAME BUILDINGS DAMAGED BY FIRE. Sec. 43. Everv' wood or frame building with a brick or other front, which may be damaged by fire, or the effects of the elements to an amount not greater than one-half of the value thereof, exclusive of the valuation of the foundation thereof, at the time of such damage, may be repaired or rebuilt, but if such damage shall amount to more than one-half of such value thereof, exclusive of the value of the foundations, then such building shall not be repaired or rebuilt, but shall be taken down. strength of floors and roofs. The Building Inspector shall determine the extent of such damage. STRENGTH OF FLOORS AND ROOFS. Sec. 44. All floors shall be constructed to bear a safe weight per superficial foot exclusive of the weight of the mate- rial of which they are composed, as follows : Private dwell- ings, fifty pounds ; hotels, tenements and school rooms, sixty pounds. Office buildings, one hundred pounds for the first floor; seventy pounds for the upper stories. ORDINANCES. 861 Public assembly rooms, ninety pounds. For dance halls and corridors of all public buildings, including hotels, one hundred and twenty pounds. Stores, warehouses and manufactories, one hundred and fifty pounds, and upwards in proportion to the load they have to carry. All roofs shall be constructed to carry thirty pounds per superficial foot. FACTORS OP SAFETY. Sec. 45. Where the working stresses for any material is fafe\T-^ °^ not prescribed in this ordinance, the relation of allowable unit stress to ultimate strength shall be as one to four for all tim- bers and metals, subjected to tension or a transverse stress; as one to four for all columns, posts and other vertical supports when of metal as one to six for timber, and as one to ten for natural or artificial stone, other materials subjected to a com- pressive strain. But wherever working stresses are prescribed ^r°ess!"^ in this ordinance, varying the factors of safety' hereinabove given, the same working stresses shall be used. CALCULATIONS. STRENGTH OF MATERIALS. Calculations. Sec. 46. Safe load for masonry work. The safe bearing load to apply to brickwork shall be taken at eight tons per superficial foot, when lime mortar is used ; eleven and one-half tons per superficial foot when lime and cement mortar mixed is used ; fifteen tons per superficial foot when cement mortar is used. The safe bearing load to applv to rubble stone work strength of '^ ± X . materials. shall be taken at ten tons per superficial foot when Portland cement is used ; when cement other than Portland is used, eight tons per superficial foot ; when lime and cement mortar is used, seven tons -per superficial foot, and when lime mortar is used, five tons per superficial foot. The safe bearing to ap- ply to concrete when Portland cement is used shall be taken at fifteen tons per superficial foot, and when cement other than Portland is used, eight tons per superficial foot. 862 ORDINANCES. STRENGTH OF COLUMNS. Strength of ai-t -r columns. JSec. 47. Ill columiis or compression members with fiat ends of east iron, steel, wrought iron or wood, the stress per square inch shall not exceed that given in the following tables : Working stresses per sq. inc^li When length divided by least of section, radius of gyration equals Wrought Cast Iron. Steel. Iron. 120 ■ 8,240 4,400 110... ..... 8,820 5,200 100 9,400 6,000 90 9,980 6,800 80 10,560 7,600 70 9,200 11,104 8,400 60 9,500 11,720 9,200 50 9,800 12,300 10,000 40.... 10,100 12,880 10,800 30 10,400 13.460 11,600 20 10,700 14,040 12,400 10 11,000 14,620 13,200 And in like proportion for intermediate ratios. Working stress per sq. in. of section. When the leng-th divided by ' Long Leaf "\Miitc Pine least diameter equals Yellow Norway Pine Oak Pine Spruce 30 ■. 460 350 390 25 550 425 475 20 640 500 560 15 730 575 645 12 784 620 696 10 820 650 730 And in like proportions for intermediate ratios. Five- eighths the value of white pine shall also apply to hemlock and chestnut posts. Columns and compression members shall not be used hav- ing an unsupported leng-th of greater ratios than given in the tables. ORDINANCES. 863 COLUMNS ECCENTRICALLY LOADED. re the stresses loaded. Columns ec Anv eolumu eccentrically loaded shall have the stresses centricaiiy caused by such eccentricity computed, and the combined stresses resulting from such eccentricity at any part of the col- umn, added to all other stresses at that part, shall in no case exceed the working stresses stated in this code. The eccentric load of a column shall be considered to be distributed equally over the entire area of that column at the next point below at which the column is securely braced later- ally in the direction of the eccentricity. WORKING STRESSES. The safe carrying capacity of the various materials o^ ^^^g^ss^s^ construction (except in the case of columns) shall be deter- mined by the following working stresses in pounds per square inch of sectional area : CAST IRON. Cast iron Extreme fibre strain tension 2.500 lbs. tension. Wrought Iron Steel Extreme fibre stresses, " I " beams and shapes. 12,000 16,000 Extreme fibre stresses, built beams 10,000 15,000 Tension 12,000 15,000 Shearing ' 7,500 10,000 Direct bearing pins and rivets 15,000 20,000 Bending on pins 18,000 22,500 TIMBER — (stresses IN POUNDS PER SQUARE INCH.) Com2>ression On Extreme Shearin«j Perpendienlar Fibre Along Grain to Grain Hemlock 990 60 250 Spruce 1260 80 300 Long-leaf Yellow Pine 1600 100 500 The working stresses above given for timber, are based on straight grained, well seasoned lumber. The allowable deflec- tion for beams or girders shall not exceed one-thirtieth of an 864 ORDINANCES. inch per foot of span, where the ceiling is to be plastered, or one-twenty-fifth of an inch per foot of span where the ceiling is not to be plastered. Every temporary support iLsed during the erection or al- teration of any building shall be of sufficient strength to carry safely the load to be placed thereon. IRON AND STEEL CONSTRUCTIONS. fuppmtVon Sec. 48. Skeleton Construction. — Where columns are er/shaifbe^' ^^^^d to support iron or steel girders carrying inclosure walls, offcast iron, ^^^ g^j^ columns shall be of cast iron, wrought iron or rolled steel, and on their outer and inner surfaces be constructed to resist fire by having a easing of brickwork or approved fire- proof material not less than nine inches in thickness on the outer surfaces, nor less than four inches in thickness on the inner surface, and all bonded into the inclosure walls. The girders shall sidcs of the iron or steel girders shall be similarly covered in ^^ith fire-*^ ^y^t^ brickwork or fireproof material not less than four inches ?ngs.^ °°^^' i^ thickness on the outer surfaces, and tied and bonded ; but the extreme outer edge of the flanges or beams, or plates or angles connected to the beam may project to within two inches of the outside surface of the casing. The inside surfaces of girders shall be similarly covered, or, if projecting inside of the wall, they may be protected by terra cotta, concrete or other fireproof material. Girders for the support of the in- closure wall shall be placed at the floor line of each story. No part of a steel or wrought iron column shall be less than one- quarter of an inch thick. No wrought iron or rolled steel col- umns shall have an unsupported length of more than forty times the least lateral dimension or diameter except as modi- fied by this ordinance, and also except in such cases as the Building Inspector may especially allow a great unsupported length. The ends of all columns shall be faced to a plane sur- face at right angles to the axis of the cohimns. and the connec- tion between them shall be made with spliced plates. The joint may be effected by rivets of sufficient size and number to trans- mit the entire stress, and then the spliced plates shall be equal in sectional area to the area of the column applied. When the ORDINANCES. 865 section of the columns to be spliced is such that spliced plates cannot be used, a connection of plates and angles maj' be used designed to properly distribute the stress. No material shall ^laferfai be used in any wrought iron or steel column of less thickness than one thirty -second of its unsupported width, measured be- tween centers of rivets transversely, or one-sixteenth the dis- tance between centers of rivets in the direction of the stress. Stay-plates are not to have less than four rivets, and are to be stay-piates. spaced so that that the ratio of length by the least radius of gyration of the parts connected does not exceed forty. The distance between nearest rivets of two stay-plates shall in this case be considered its length. Steel and wrought iron columns shall be made in one, or three-story length, and the material shall be rolled in one length wherever practicable to avoid in- termediate splices. Where any part of the section of a column projects beyond that of the column below, the difference shall be made up by filling plates secured to column by the proper number of rivets. Shoes of iron or steel, as described for cast shoes of iron iron columns, or built shoes of plates and shapes may be used, °^ ^*®®^' complying with same requirements. Sec. 49. Cast Iron Columns. — Cast iron columns shall not dimensions have less diameter than five inches or less thickness than three- of cast iron columns. quarters of an inch. Nor shall they have an unsupported length of more than twenty times their le^st diameter. All cast iron columns shall be of good workmanship and material. The top and bottom flanges, seats and lugs shall l^e of ample strength, reinforced by fillets and brackets; thej" shall not be less than one inch in thickness when finished. All columns must be faced at the ends to a true surface perpendicular to the axis of the column. Column joints shall be secured by not less than four bolts each, not less than three-quarters of an inch in diameter. The holes of these bolts shall be drilled to a template. The core of a column below a joint shall be not larger than the core of the column above and the metal shall be tapered down for a distance of not less than six inches, or a joint plate may be inserted of sufficient strength to distribute the load. The thickness of metal shall be not less than one- dimensions. twelfth the diameter of the greatest lateral dimension of cross 866 ORDINANCES. Imperfec- tions. section, but never less than three-quarters of an inch. Wher- ever the core of a cast iron column has shifted more than one- fourth the thickness of the shell, the strength shall be com- puted assuming- the thickness of metal all around equal to the thinnest part, and the column shall be condemned if this com- putation shows the strength to be less than required by this or- dinance. Where blowholes or imperfections are found in a cast iron column which reduces the area of the cross section at that point more than ten per cent., such column shall be con- demned. Cast iron posts or columns not cast with one side or back before being set up in place, shall have a three-eighths of an inch hole drilled in the shaft of each post or column by the manufacturer or contractor furnishing the same, to exhibit the thickness of the castings ; and any other similar sized hole or holes which the Building Inspector may require, shall be drilled in the said posts or columns by the said manufacturer or contractor at his own expense. Iron or steel shoes under columns. Iron or steel shoes or plates shall be used under the bot- tom tier of columns to properly distribute the load on founda- tion. Shoes shall be planed on top. Size of columns. Sec. 50. Double Columns. — In all buildings hereafter erected or altered, where any iron or steel column or columns are used to support a wall or part thereof, whether the same be an exterior or an interior wall, and columns located below the level of the sidewalk which are used to support exterior walls or arches over vaults, the said column or columns shall be either constructed double, that is, an outer and an inner column, the inner column alone to be of sufficient strength to sustain safely the weight to be imposed thereon, and the other columns shall be one inch shorter than the inner columns, or such other iron or steel column of suflicient strength and pro- tected with not less than two inches of fireproof material se- curely applied, except that double or protected columns shall not be required for walls fronting on streets or courts. ?f ?;'-n!!^nr Sec. 51. Party ^yall Posts.— li iron or steel posts are to 01 n on or ^ ^ to^taeusedf ^® ^^^®^ ^^ ^ party wall, and intended for two buildings, then as a party wall. the said posts shall be not less in width than the thickness of ORDINANCES. 867 the party wall, nor less in depth than the thickness of the wall to be snpported above. Iron or steel posts in front or side, di- vision or part}' walls, shall be filled np solid with masonry and made perfectly tight between the posts and walls. Intermedi- ate posts may be nsed, which shall be sufficiently strong, and the lintels thereon shall have sufficient bearings to carry the weight above with safet3\ Iron or steel posts or columns with one or more open sides and backs shall have solid iron plates on top of each, excepting when pierced for the passage of pipes. Sec. 52. Steel and Iron Girders. — Rivets in flanges shall Rivet be spaced so that the least value of a rivet for either shear or bearing is equal or greater than the increment of strain due to the distance between adjoining rivets. All other rules given under riveting shall be followed. The length of rivets between Length of rivets. heads shall be limited to four times the diameter. The com- pression flange of plate girders shall be secured against buck- ling, if its length exceeds thirty times its width. If splices are used, they shall fully make good the members spliced in either tension or compression. Stiffeners shall be provided over sup- ports and under concentrated loads ; they shall be of sufficient strength, as a column, to carry the loads, and shall be con- nected with a sufficient number of rivets to transmit the stresses into the web plate. Stiffeners shall fit so as to support the flanges of the girders. If the unsupported depth of the web plate exceeds sixty times its thickness, stiffeners shall be used at intervals not exceeding one hundred and twenty times the thickness of the web. Sec. 53. Boiled Steel and Wrought Iron Beams Used as stiffeners. Girders. — When rolled steel or wrought iron beams are used in Beams used *~ cis S'lrciers. pairs to form a girder, they shall be connected together by bolts and iron separators at intervals of not more than five g.^^ feet. All beams twelve inches and over in depth shall have at least two bolts to each separator. Sec. 54. Cast Iron Lintels. — Cast iron lintels shall not be ?'^® ^nteis* used for spans exceeding sixteen feet. Cast iron lintels or 868 ORDINANCES. beams shall not be less than three-quarters of an inch in thick- ness in any of their parts. Granite or Sec. 55. Flatcs Under Ends of Lintels and Girders. — bluestone blocks sup- When the lintels or girders are supported at the ends by brick walls or piers they shall rest upon cut granite or bluestone blocks at least ten inches thick, or upon cast iron plates of equal strength by the full size of the bearings. In case the opening is less than twelve feet, the stone blocks may be five inches in thickness, or cast iron pfetes of equal strength by the full size of the bearings, may.be used, provided that in all cases the safe loads do not exceed those fixed by Section 46 of this ordinance. Beams must Sec. 56. Rolled Steel and Wrought Iron Floor and Roof fective. ' Beams. — All rolled steel and wrought iron floor and roof beams used in buildings shall be of full weight, straight and free from injurious defects. Holes for tie rods shall be placed as near the thrust of the arch as practicable. The distance be- tween tie rods in floors shall not exceed eight feet, and shall not exceed eight times the depth of floor beams twelve inches and under. Channels or other shapes, where used as skew- backs, shall have a sufficient resisting moment to take up the thrust of the arch. Bearing plates of stone or metal shall be used to reduce the pressure on the wall to the working stress. Beams rest- Beams resting on girders shall be securely riveted or bolted to ing on gird- o □ ers shall be the same ; where joined on a girder, tie straps of one-half inch rivited. . ' '' & ' f net sectional area shall be used, with rivets or bolts to corre- spond. Anchors shall be provided at the ends of all such beams bearing on the walls. steelwork Sec. 57. Framinci and Connecting. — Structural Work. shall be con- . "^ ^ nected with All iron or stccl trimmer beams, headers, and tail beams, shall the walls. . ' ' . ' be suitably framed and connected together, and the iron or steel girders, columns, beams, trusses and all other iron work of all floors and roofs shall be strapped, bolted, anchored and connected together and to the walls. neetTlby^' ^^^ beams framed into and supported by other beams or angles. girders shall be connected thereto by angles or knees of a Tie rods. ORDINANCES. 869 proper size and thickness, and have snfficient bolts or rivets in "both legs of each connecting angle to transmit the entire load coming on the beam to the supporting beam or girder. In no case shall the shearing value of the bolts or rivets or the bear- ing value of the connection angles be less than provided for in this ordinance. Sec. 58. Riveting of Structural Steel and Wrought Iron Work. — The distance from centre of a rivet hole to the edge of the material shall not be less than f of an inch for ^ inch rivets, ^ of an inch for f inch rivets, 1| of an inch for f inch rivets, If of an inch for |- inch rivets, 1^ of an inch for 1 inch rivets. Wherever possible, however, the distance shall be ecpial to two diameters. All rivets, wherever practicable, shall be ma- Machine ,.,. rm- • • 1111 •! driven chme driven. The rivets m connections shall be proportioned rivets. and placed to suit the stresses. The pitch of rivets shall never iiiiT f»i- 1- Pitch of be less than three diameters or the rivet, nor more than six rivets. inches. In the direction of the stress it shall not exceed six- teen times the least' thickness of the outside member. At right angles to the stress it shall not exceed thirty-two times' the least thickness of the outside member. All holes shall be IT 11- -11 Assembling. punched accurately, so that upon assembling a cold rivet will enter the hole without straining the material by drifting. Oc- casional slight errors shall be corrected by reaming. The rivets shall fill the holes completeh^ ; the heads shall be hemispherical and concentric with the axis of the rivet. Gussets shall be pro- Gussets. vided wherever reciuired, of sufficient thickness and size to ac- commodate the number of rivets necessary to make connection. Sec. 59. Bolting of Structural Steel and Wrought Iron Worh. — Where riveting is not made mandatory connections may be effected by bolts. These bolts shall be of wrought iron „. , ^ or mild steel, and they shall have U. S. standard thread. The threads on bolts. threads shall be full and clean, the nut shall be truly concen- tric with the bolt, and the thread shall be of sufficient length to 870 OKDINANCES. allow the nut to be screwed up tightly. When bolts go through bevel flanges, bevel washers to match shall be used so that the head and nut of bolt are parallel. When bolts are used for suspenders, the working stresses shall be reduced for wrought iron to ten thousand pounds and for steel to fourteeen thou- sand pounds per square inch of nut area, and the load shall be transmitted into the head or nut by strong washers distribut- ing the pressure evenly over the entire surface of the same. Turned bolts in reamed holes shall be deemed a substitute for field rivets. Transverse stress. Sec. 60. Steel and Wrought Iron Trusses. — Trusses shall be of such design that the stresses in each member can be calculated. All triisses shall be held rigidly in position by ef- ficient systems of lateral and sway bracing, struts being spaced so that the maximum limit of length to least radius of gyration as established in Section 47 of this ordinance is not exceeded. Any member of a triLss sub.jected to transverse stress, in addi- tion to direct tension or compression shall have the stresses causing such strain added to the direct stresses coming on the member, and the total stresses thus formed shall in no case ex- ceed the working stresses stated in this ordinance. Tension. Sec. 61. Riveted Steel and Wrought Iron Trusses. — For tension members, the actual net area only, after deducting rivet holes, one-eighth inch larger than the rivets, shall be con- sidered as resisting the stress. If tension members are made of angle irons riveted through one flange only, only that flange shall be considered in proportioning areas. Bolts. Kivets to be proportioned as prescribed in this ordinance. If the axis of two adjoining web members do not intersect within the line of the chords, sufficient area shall be added to the chord to take up the bending strain. No bolts shall be used in the connections of riveted trusses, excepting when riveting is impracticable, and then the holes shall be drilled or reamed. Sec, 62. Steel and Iron Pin-connected Trusses.— The bending stresses on pins shall be limited to twenty thousand pounds for steel and fifteen thousand pounds for iron. All ORDINANCES. 871 compression members in pin-connected trusses shall be propor- compression, tioned. using seventj'-five per cent, of the permissible working stress for columns. The heads of all eye-bars shall be made by upsetting or forging. No weld will be allowed in the body Annealed of the bar. Steel ej^e-bars shall be annealed. Bars shall be ^^^^■ straight before boring. All pin-holes shall be bored true, and at right angles to the axis of the members, and must fit the pin within one-thirty-second of an inch. The distances of pin- holes from centre to centre for corresponding members shall be alike, so that, when piled upon one another, pins will pass through both ends without forcing. Ej^es and screw ends shall -^y^^ ^^d be so proportioned that upon test to destruction — fracture ^'^^'^"^ ^""i^- will take place in the body of the member. All pins shall be accurately turned. Pin-plates shall be provided wherever nec- essary to reduce the stresses on pins to the working stresses prescribed in Section 47 of this ordinance. These pin-plates shall be connected to the members by rivets of sufficient size and number to transmit the stresses without exceeding working stresses. All rivets in members of pin connected trusses shall be machine driven. All rivets in pin-plates which are necessary to transmit stress shall be also machine driven. The main connection of members shall be made by pins'. Other Main con- connection may be made by bolts. If there is a combination ol shall be riveted and pin connected members in one truss, these mem- ^ins.^ ^ bers shall comply with the requirements of pin connected trusses, but the riveting shall comply with the requirements of Section 58 of this ordinance. Sec. 63. Iron or Other Metal Fronts. — All cast iron or metal fronts shall be backed up or filled in with masonry of the thickness provided for in Sections 14 and 22 of this ordinance. Sec. 64. Painting of Structural Metal ^York. — All struc- Painting of tural metal work shall be cleaned of all scale, dirt and rust, metai work, and be thoroughly coated with one coat of paint. Cast iron columns shall not be painted until after inspection by the Building Inspector. Where surfaces of rivet work come in contact they shall be painted before assembling. After erec- tion all work shall be painted at least one additional coat. All iron or steel used under water shall be inclosed with concrete. 872 ORDINANCES. CLASSIFICATION OP BUILDINGS. Classifica- * i • • tion of Sec. 65. All building's hereafter erected or altered in the City of Wilmington, shall be classified as follows : First class. Buildings of the first class shall include all buildings in which all the walls, floors, columns, girders, beams, stairways, elevator enclosures, partitions and roofs are of brick, terra cotta, stone, concrete, steel or iron. Second class. Buildings of the second class shall include all buildings the walls of which are as hereinbefore specified for buildings of the first class, but in which the floors, columns, beams and girders are of construction knoA\ni as "slow burning construc- tion," in which all columns and girders shall be of wood, and in which no column shall be of less dimensions than sixty-four square inches, and no girder or floor beam less than six inches in its least dimension. The flooring to be of plank not less than two and three-quarters inches thick, when dressed, and the roof of plank not less than one and three-quarters inch thick, when dressed ; 'provided, that in such buildings, iron or steel may be used for beams, colimms or girders, if the same be protected with fireproof materials, as hereinafter set forth for buildings of the first class. Third class. Buildings of the third class shall include all buildings of the Avails of which are as hereinbefore specified for buildings of the first class, but which in their interior construction are not in accordance with the requirements as hereinbefore set forth buildings of the first and second classes, or the floors of which may be ordinary house or joist construction. Fourth class. Buildings of the fourth class shall include all buildings other than those of character specified for first, second and third class construction. What build- Sec. 66. Buildings WJiiclt Shall Be of the First Class. — be of first Any building he*reafter erected or altered, to be used as a hos- pital, asylum, or institution for the care or treatment of per- sons, the height of which exceeds two stories, and every build- ing hereafter erected or altered to be used as an apartment class. ORDINANCES. 873 house, tenement house, flat house, lodging house, hotel, or po- lice station, the height of which exceeds four stories, shall be a building of the first class ; and no building of any kind, except as hereafter provided, shall be erected or raised to a height ex- ceeding sixty-five feet, .except the same be a building of the first or second class ; and no building shall be erected or raised to a height exceeding eighty-five feet except the same be a building of the first class ; and all buildings of a height of six stories shall be a building of the first class. All buildings of the first class hereafter erected or altered. Fireproof ° walls and to be used for warehouse, store or factory purposes, shall be so partitions. divided by fireproof walls or partitions on every floor, except as hereinafter provided, that no space on any floor, not so di- vided, shall exceed twenty-five thousand square feet; and no existing wall or partition in any such buildings, shall be re- moved so as to leave a space, not so divided, of more than twenty-five thousand square feet. Such walls or partitions shall extend from the fireproof construction of the floors to the fireproof beam filling of ceilings. The openings or doorways openings or in any such walls or partitions shall not exceed three in doorways, number for each floor, for each such wall or partition, and no such opening shall exceed ten feet in wddth. Each open- ing must be provided with two sets of standard fire doors, separated by the thickness of the wall or partition, said doors to be constructed and himg as provided elsewhere in this ordinance. All of the said openings through partitions of fireproof material shall have metal frames or studs, securely fastened to floor and ceiling, and such metal .studs shall be covered with such fire-resisting materials as shall be approved by the Building Inspector. No wood for framing or wood not fastening shall be used for such openings. Provided, liowever, ^^®*^- that the space or spaces of the first or grade floor of any such buildings may exceed twenty-five thousand square feet, when the entire building is under the protection of an approved sys- tem of automatic sprinklers, so long as such sj'stem shall be kept and maintained in complete working order. If such sj'S- tem shall not be maintained and kept in such order, it shall be the duty of the Building Inspector to give written notice to 874 ORDINANCES. the tenants or owners, served upon the premises, of said fact, and within sixty days thereafter the division by fireproof walls or partitions, as above provided, shall be made, and there^ after maintained. Further re- quirements of buildings of first class Brick or hollow tile. No building shall be deemed a building of the first class unless the enclosing or division walls are wholly or in part supported on iron or steel beams, girders and columns; such beams, girders and columns shall be protected against the ex- ternal changes of the atmosphere and against fire by a cover- ing of brick, terra cotta, fire clay, tile or other approved fire- proofing, completely enveloping said structural members of iron or steel. Said fire proofing around outside columns and beams, if of brick, shall not be less than eight inches ; if of hollow tile, shall not be less than six inches thick, and there shall be at least two sets of air spaces between the iron and steel members and the outside of the hollow tile covering. In all cases the briclc or hollow tile shall be bedded in cement mor- tar close up to the iron or steel members, and all joints shall be made full and solid. No building shall be deen^ed a fire- proof building unless, in addition to the above required cover- ing of the iron and steel members, all the interior columns, beams and girders be enveloped in such fire-resisting materials as shall be approved by the Building Inspector. The filling betw^een the individual floor beams and girders shall be one of the fireproof systems in use, as approved bj^ the Building In- spector, and must in every case have stood the test of three times the load for which the floor is designed, without the sign of cracking. No wood or other inflammable material shall be used in any part of any such building, except the doors and windows and their frames, the trims, the casings, the interior finish, when filled at the back with fireproof materials ; and the floor boards and sleepers, directly under the spaces between and under sleepers must be filled up and leveled off at the top of the said sleepers with concrete or other incombustible ma- terial. All interior columns, and the lower flanges of all gir- ders of iron or steel, shall be protected with at least three inches of brick, terra cotta, concrete, or other fire-resisting ma- terials, as shall be approved by the Building Inspector. The ORDINANCES. 875 Aveb of all girders, and the flanges and web of all beams, to be protected by not less than two inches of terra cotta, brick, con- crete or other fireproof material; but the extreme outer edge of lugs, brackets, and similar supporting metal may project within one inch of the surface of the fireproofing. Where the bases of iron or steel columns are independent, the said bases shall be either cast steel, thoroughly annealed or built-steel bolsters. Built sections of girders Dr columns, in which all parts are not accessible after erection, shall be filled with con- crete, in the proportion of one part of Portland cement to three parts of sand and five parts of stone, to pass a three- fourths of an inch mesh. The maximum span for arches of brick, terra cotta, concrete, or other patent floors, shall not ex- ^ace"for^ ceed eight feet; but nothing herein contained shall prohibit ^'^°^®^' the use of reinforced concrete or heterogeneous sj'stems, pro- vided the depth of the floor beams or girders is three-fifths of an inch per foot of span, and that a test for strength, and fire and water resistance, satisfactory to the Building Inspector, shall be given for said reinforced or heterogeneous system. No arch in any floor system shall have a rise of less than one and Rise of , • 1 £ J. £ arches. one-quarter inch per root oi span. In buildings of the first class, all pipes, conduits, mains, conduits wiring, and conveyances for conducting heat, light or water, wiring-. &c. shall be encased in separate fireproof ducts, and shall not be enclosed in the fireproofing surrounding any column, girder or beam of steel or iron. Provided, also, that this section shall not applv to one- Not apply to ' ' . one-story story buildings, used only for working in non-combustible ma- buildings. terials, and that nothing contained in this section shall pre- vent the erection of grain elevators, church spires, towers for observation purposes, and structures for similar uses, all of which structures shall be constructed in such manner and un- der such conditions as may be prescribed by the Building In- spector. Sec. 67. Buildings of the second class in wiiicli any floor ByiKji^gg ^f area between exterior walls exceeds fifteen thousand square ^^^gl^^*''^*^ feet, and buildings of the third class in which any floor area 876 Walls. ORDINANCES. between the exterior walls shall exceed five thousand square feet, shall be so divided by walLs of brick, stone, concrete, or such other fire-resisting material as shall be approved by the Building- Inspector that no space inside such building shall ex- ceed fifteen thousand or five thousand square feet, respectively, as hereinbefore set forth ; the said walls to be of the thickness as now required by law, and shall extend through, and at least three feet above the roof? No existing walls in any buildings of the second or third class shall be removed, so as to leave a space inside any building which shall exceed the areas herein- before set forth for each class. Provided, Iwwever, that in buildings of the third class, the floor area may be seventy-five hundred square feet, if the floors and roof be made of plank not less than one and three-quar- ters inch thick, when dressed. Openings. Openings may be made in such di\asion walls, of the size, number and character as provided in Section QQ, for building of the first class, if protected by standard fire doors as pro- vided in that section. Not apply Provided further, that this section shall not apply to pri- tO private in- ^ ■^ t tip dwellings vate dwellings, nor to one-story buildings used only tor work- er one-story . . 1 .-1 1 - • 'i buildings. mg in non-eom))iLstible materials. In buildings, other than buildings of the first class, skele- ton wall construction shall not be permitted. Party walls. All party walls in buildings of the first and second and third classes, except dwellings and buildings of similar light construction, shall extend through, and at least three feet above the roof. stairwa s ^^^- ^^' ^^^ stairways hereafter placed in any buildinbs in ware- of the first, sccoud or third classes, used for Avarehouse, store houses shall be enclosed, or factory purposes, and in which any floor area between ex- terior Avails exceeds five thousand square feet, and all elevators, hoistways, hatchways, well holes, chutes, dumb Avaiters and in- terior light or vent shafts, or shafts of any description, here- ORDINANCES. 877 after placed in any building', except such fireproof buildings as are occupied for office purposes only, shall be enclosed, be- tween floors and ceilings of each story, in suitable Avails of brick, or with a suitable framework of iron and burnt clay filling, or of such other fireproof material and form of con- struction as may be approved by the Building Inspector, ex- cept that the enclosure walls, required by this section in any non-fireproof building, used as warehouses or factories, shall be of brick. All such walls or construction where elevator, stairs, hoist, hatchway, chute, dumb waiter, light or vent shaft, or other shaft, extends to the top floor, shall extend at least three feet above the roof. If the enclosure Avails are of brick, any of the above shafts may be in the same enclosure, pro- fbove^^^e"*^ Anded the stairAvays are constructed of non-combustible mate- ^°°^" rial. All interior openings in the enclosure Avails of elcA^ators, stairAvays, hoistwaj's, hatchAvays, chutes and dumb Avaiters, interior shall be proAdded Avith fireproof doors, made solid for their full shaiTbf pro- height, and set in fireproof frames and fittings. Lights of firepro^f'^'^ wire-glass, in metal frames, may be placed in such doors and coverings. in the enclosure Avails, but no one pane of Avire-glass shall ex- ceed in area tAvo hundred and fifty square inches, between muntins. All exterior openings in the enclosure Avails of stairAvaA^s, Exterior . . . ' „ openings. elcA^ators, or dumb Avaiters, and all openings in the Avails of the interior light or A^ent shafts, shall be provided with ap- proved wire-glass window^s set in approved metal frames, but no one pane of wire-glass in such AvindoAvs shall be larger than tAA^enty-four inches by thirty inches between muntins. Auto- matic closing trap doors, tin-lined on the under side, at each Automatic ° J^ ' trap doors. floor, Avhen approA^ed by the Building Inspector maA'' be substi- tuted for the above named enclosure Avails for hoist ways (Avith- out cars), hatcliAvays and chutes. The roofs over the enclosed elevators, stairways, hoist- Fireproof Avays, hatchAvays, chutes and dumb Avaiters shall be made of fireproof materials, Avith skylight or sidelights aboA^e the roof, at least three-quarters the area of the shaft, made of glass set in iron frames. When the shafts do not extend to the ground, the bottom floor of the shaft shall be constructed of fireproof 878 ORDINANCES. material. In all buildings of the first, second or third class, in which any floor area between the exterior walls is five thou- sand square feet or less, the stairways shall be of such number, and protected in such manner, as may be approved by the Building Insi3ector. Exception. Provided, however, that nothing- in this section shall ap- ply to any building not over two stories in height, nor to pri- vate dwellings and buildings of similar light construction, stores with jDrivate dwelling occupancy entirely above the grade floor, and stables. Sec. 69. Standard Fire Doors and Fire Shutters. — When- ever standard fire doors or fire shutters are referred to in this ordinance they shall be constructed as follows, namely : Not less than two thicknesses of one-inch boards, laid diagonally, and securely fastened together by wrought iron clinched nails and covered with I. C. tin plates, not exceeding fourteen by twenty inches, joints to be locked one-half inch and nailed un- der seams, and corners to have mitre fold (not mitre joint). Doors and shutters to overlap sides and top of opening four inches, and to close tight against smooth masonry (not wood trimmed) and sill. Sills to be of non-combustible material, resting on and built into brick or stone wall, and extending un- der and beyond outer surface of doors. Doors and shutters to be hung on wrought iron wall-ej'es, or to slide on track of heavy flat-rolled steel. All hardware, such as hinges, hangers, wall-eyes, track bolts, binders, handles, latches, catches, etc., to be of heavy wrought iron, built in wall or bolted through wall or door or shutter. All fire doors and shutters shall be closed at night, and whenever the building is not in actual use ; at least one in three shutters, on each floor above the first, be- ing so arranged that it can be opened from both outside and inside. Walls shall ^^^- '^^- ^^ ^^^ buildings hereafter erected or altered to furred with ^^^ Hscd for warehouse, store, or factory purposes, the walls ^°°'^- shall not be furred with wood ; nor shall any partition, extend- . ing from floor to ceiling be constructed with wooden studs. In ORDINANCES. 879 non-fireproof buildings, to be use'd for warehouse, store or fac- tor}' purposes, such partitions shall be constructed of some non-combustible material to be approved by the Building In- spector, or of plank not less than three inches thick, with tongues, and dressed on all sides. If such walls or partitions are to be plastered, the plaster shall be applied directly to the masonry or partition, or over metal lath, without air spaces be- hind. In all buildings hereafter erected or altered to be used for warehouse, store or factory purposes, the ceilinus shall not be ceilings in _ ,/ r- jr 7 ^ wareliouses, furred with wood, nor shall any wooden or combustible mate- &c. shaii ' "^ not be furred rial be applied to form a ceiling. If plaster is applied it shall with eom- _ ^ ^ ^ '^^ bustible ma- be applied over metal lath. teriai. Sec. 71. Tower Fire Escapes. («) — All buildings of the first, second and third classes, hereafter erected or altered to be used as schoolhouses, tenement houses, apartment houses, flat houses, stores, offices, manufactories, workshops, milLs or places of assembly or resort, shall have in addition to the main stairs or other means of egress, a tower fire escape, or escapes, as set forth in the following schedule : (a) As to fire escapes, see Kevised Code 1893, p. 929. BUn^DINGS OF THE FIRST CLASS. One Tower Fire Escape Two Tower Fire Escape Number of Maximum area stories in height per floor in square feet Area per floor square feet ?or 4, 5, 6, 20,000 15,000 12,000 Over 20,000 to 25,000 Over 15,000 to 25,000 Over 12,000 to 25,000 7, 10,000 Over 10,000 to 22,000 8, 9,000 Over 9,000 to 20,000 9, ■ 10, 8,000 7,500 Over 8,000 to 18,000 Over 7,500 to 17,000 11, 12, 7,000 6,500 Over 7,000 to 16,000 Over 6,500 to 15,000 Fire escapes. 880 ORDINANCES. BUILDINGS OP THE SECOND AND THIRD CLASSES. One Tower Fire Escape Two Towei* Fire Escape Xumber of jNIaximum area stories per floor Area per floor in heigiht in square feet square feet 3, 10,000 Over 10,000 to 15,000 4, 6,000 Over 6,000 to 12,000 5, 4,500 Over 4,500 to 10,000 6, 3,500 Over 3,500 to 8,000 If the total floor space above the second floor exceeds the number of square feet as set forth in the above schedule, there may be required, in addition to the above mentioned number of fire escapes, as many additional tower fire escapes as the Building Inspector may determine. The location and construction of all stairways and tower fire escapes shall be determined and approved by the Building Inspector. («) (a) The above refers to "tower fire escapes." See Sec. 2 of Eev. Code of 1893, p. 929, as to the duties of the Chief Engineer of the Fire Department as to fire escapes. Provided, that this section does not applv to office build- Not to apply . „ ^ . to office mgs of the first class, nor to buildings less than three stories buildings of.^ ti-it n i p • • -i ■ -, first class, high, and buildings of a greater number oi stories m height &c. than tw(3, in which the stories above the second story are not occupied by persons. Provided, that in store buildings, in which the tower fire escapes in the first storj^ would interfere with the show windows, the said tower may stop at the second floor level, and that an exterior, continuous balcony be pro- vided at the second floor level, with drop ladders. Safe means All buildings used as stores, department stores, or build- from base- iugs of any kind in which people assemble in the basement of said stores or buildings, there shall be provided safe means of egress from the basement, leading directly to th« street, the proper location of such places of egress to be determined by the Building Inspector. Definition. Sec. 72. Ill tliis Ordinance the term "height" of a build- ing means the vertical distance of the highest point of the ORDINANCES. 881 roof, in the case of flat roofs ; and for high pitched roofs, the average of the height of the gable above the mean grade of the curbs of all the streets, or the mean grade of the natural ground adjoining the building, if the said grade or ground is not beloAV the grade of the curb. Sec. 73. School Buildiuqs. — All buildings hereafter school •^ ^ _ buildings erected or altered for school purposes shall be constructed inrnustcon- ^ ^ form to re- accordance mth the provisions of this ordinance. quirements. All such buildings having a seating capacity of less than hundred, or which is not over two stori in height niav be a building of the third class. four hundred, or which is not over two stories and basement capacity, All such buildings having a seating capacity of four hun- dred and less than six hundred, or which is not over three stories and basement in height shall be a building of the first or second class. All such buildings having a greater seating capacity than six hundred, and which are more than three stories and base- ment in height shall be a building of the first class. Stories, Height of. — No story above the basement shall beHeig-htof less than twelve feet in height. Stairways. — The stairways in school buildings shall be in width of width equivalent to fifteen inches for every hundred of seat- ^t^""^'^^'^- ing capacity in such building. No stairway shall be less than four feet wide in the clear, except where more than two stair- ways lead down from any one floor, in which case stairways three feet wide in the clear may be counted in the total width of stairways required where two or more stairways are used, they shall be placed at opposite ends of the building or as far apart as practicable, and all such buildings hereafter erected shall have at least two separate and distinct stairways from the ground floor to the top floor. All stairways shall have hand rails on each side thereof. In all school buildings here- Hand rails after erected more than two stories and basement in height, the stairways and their enclosing walls shall be of fireproof 882 ORDINANCES. Width of corridors. Doors. Width of aisles. construction. The width of corridors, passageways, hallways and doors shall be computed in the same manner as that here- in provided for stairways. Provided, however, that no cor- ridor shall be anywhere less than five feet in width, and no door less than three feet in width. All doors in such building- shall open outward, and all entrance and exit doors shall be unlocked at all times when the building is occupied for school purposes or open to the public. Aisles in auditoriums and assembly halls, or class rooms in such buildings, shall be in width equivalent to eighteen inches for every one hundred of seating capacity in such audi- toriums and assembly" halls, or class rooms, but no such aisle shall be less than two feet six inches in \ndth at its narrowest part. All aisles and passageways shall be kept free from chairs, camp-stools or any other obstruction, and no person shall be allowed to stand in or occupy any such aislas or pas- sageways during any performance, concert, lecture or any public assembly. Theatres or opera houses. . THExVTRES AND PLACES OF PUBLIC AMUSEMENT. Sec. 74. Every theatre or opera house or other buildings used for theatrical or operatic purposes, or for public enter- tainments of any kind where stage scenery and apparatus are employed, hereafter erected or altered, shall be built to comply with the requirements of this section. No building which at the passage of this ordinance is not in actual use for theatrical or operatic purposes, and no building hereafter erected not in conformity with the requirements of this section shall be used for theatrical or operatic purposes, or for public entertain- ments of any kind where stage scenery and apparatus are em- ployed until the same shall have been made to conform to the requirements of this section. And no building hereinbefore described shall be opened to the public for theatrical or oper- atic purposes or for public entertainment of any kind where stage scenery is employed until the Building Inspector shall have approved the same as conforming to the requirements of this section. ORDINANCES. 883 Every such building- shall have at least one front on the bl^jf^Jl^gg street, which front shall be as wide as the widest part of the auditorium, and in such front there shall be suitable means of entrance and exit for the audience. In addition to the afore- said entrance and exits on the street there shall be reserved for Exits. service in case of an emergency, an open court or space on the side not bordering on the street, where said building is located on a corner lot, and on both sides of said building where there is but one frontage on the street, the width of such open court or courts shall not be less than seven feet where the seating capacity is not over one thousand people, above one thousand people, and not more than eighteen hundred, eight feet in width, above eighteen hundred, ten feet in width. Said open court or courts shall begin on a line with or near the proscen- ium wall and shall extend the length of the auditorium and through such buildings as may be erected on the street side of the auditorium, with continuous walls of brick or fireproof ma- terials on each side, the entire length of said corridors, and the ceilings and floors shall be fireproof. Said corridor or corri- dors shall not be reduced in width, except by the thickness of the outer walls and there shall be no pro.jection in same, the outer opening, if provided with doors or gates, the same shall open towards the street. During the performance, the doors During per- or gates in the corridors shall be kept open bj^ proper fasten- doors must ings. The said open courts and corridors shall not be used for '® ^^ °'^^^' storage purposes, or for any purpose whatever except for exit and entrance from and to the auditorium and stage and must be kept clear during performance. •The level of said corridor at the front^ entrance to the corridor, building shall not be greater than one riser of seven inches, and the entrance of the main front of the building shall not be on a higher level from the sidewalk than four steps of seven inch risers each. To overcome any difference of level existing between the exits from the parquet into courts and the level of the said corridors, gradients shall be employed of not over one foot in ten feet with no perpendicular rise. From the au- ditorium opening into the said open courts or on the side street there shall not be less than two exits on each side in each tier, orTeach'tler. 884 ORDINANCES. Width of exits. Doors must open out- wards. Balconies. Staircases. from and including the parquet, and each and every gallery. Each exit shall be at least five feet in width in the clear and provided with doors of iron or wood ; if wood the doors shal I be covered with tin or some fireproof material. All of said doors shall open outwardly, and must be fastened with mov- able bolts, the bolts to be kept drawn during performance. There shall be balconies not less than four feet in width in said open courts at each level or tier above the parquet on each side of the auditorium of sufficient length to embrace the two exits, and from said balconies there shall be staircase extend- ing to the ground level, with a rise of not more than eight inches and not more than nine inches tread. The staircases from the upper balcony to the next below shall not be less than thirty inches in width in the clear, and from the first balcony' to the ground three feet in width in the clear, where the seat- ing capacity of the auditorium is one thousand people or less, three feet and six inches in the clear; where above one thou- sand and not more than eighteen hundred people, four feet in the clear; where above eighteen hundred people and not more than twenty-five hundred people, not less than four feet six inches in the clear. Balconies and stair- cases shall be of iron. Theatres .shall not be occupied in part as hotel, &c. All the before mentioned balconies and staircases shall be constructed of iron throughout, and they shall be of ample strength to sustain the load they are designed to carry, and they shall be covered with a metal hood or awning and to be subject to the approval of the Building Inspector. Where one side of the building borders on a street, there shall be bal- conies and staircases of like capacit}^ and Idnd as before iiien- tioned and carried to the ground. No portion of any building hereafter erected or altered to be used or intended to be used for theatrical or other purposes, as in this section specified, shall be used or occupied as a hotel, boarding or lodging house, factory, workshop or manufactory, or for storage purposes, ex- cept as may be hereafter specially provided for. Said restric- tion applies not only to that portion of the building which con- tains the auditorium and the stage, but applies to the entire structure in connection therewith. Interior walls built of fire- proof materials shall separate the auditorium from the en- ORDINANCES. 885 trance vestibule and from any room or rooms over same, also from any lobbies, corridors, refreshment or other rooms. All staircases for the use of the audience shall be enclosed with fh|i[ b^g^*^^ brick walls or of fireproof materials approved by the Building fireproofed. Inspector, in the stories through which they pass, and the opening" to said staircases from each tier shall be full width of said staircase. A fire wall, built of brick, shall separate the an- i^iieproof ditorium from the stage and the same shall extend at least '"'^''• three feet above the stage roof, or the auditorium roof, if the latter be the higher, and shall be coped with stone. Above the proscenium opening there shall be an iron girder covered with fireproof material to protect, it from the heat. There shall also Relieving be constructed a relieving arch over the same, the intervening ^^'^^■ space being filled in with hard-burned brick or other fireproof materials of the full thickness of the proscenium wall. The Fireproof moulded frame around the proscenium opening shall be "moulding. formed entirely of fireproof materials ; if metal be used the metal shall be filled in solid with non-combustible material and securely anchored to the wall with iron. The proscenium open- ing shall be provided with a fireproof curtain of asbestos, slid- Fireproof ing in iron grooves securely fastened to the brick wall and ex- asbestos!^ tending into such grooves not less than six inches. Said fire- proof curtain shall be lowered at the close of each performance and be opened by approved machinery for that purpose. There shall be no opening through the proscenium wall except the curtain opening, and not more than two others which shall ings toough be located at or below the level of the stage. These latter open- !^™f ^^"'""^ ings shall not exceed twenty superficial feet each, which shall have doors of iron or wood ; if of wood the door shall be lined with tin and securely hung to rabetted iron frames or rabbets in the 1)rick wall. They shall be hung so as to be opened from either side at all times, direct access to these floors shall be pro- vided on both sides and the same shall always be kept free and clear of all incumbrances. Iron steps shall be provided, se- curely fixed to the wall to overcome any difference of level ex- isting betAveen the stage and auditorium. The roof over the auditorium and the entire main floor of the auditorium and vestibules, also the entire floor of the second story of the front superstructure over the entrance lobby and corridors, and all 886 ORDINANCES. Fireproof construction. Metal laths. Partition walls — fire- proof. Seats. Aisles. galleries in the auditorium shall be constructed of iron or steel or other fireproof materials, not excluding the use of wooden floor boards and necessary sleepers to fasten the same to, but such sleepers shall not mean timbers of support. The fronts of each gallery shall be formed of fireproof materials except- ing the capping, which may be made of wood. The ceiling un- der each gallery shall be entirely formed of fireproof mate- rials. The ceiling of the auditorium shall be formed of fire- l^roof materials. All lathing wherever used shall be metal. The partitions in that portion of the building which contains the auditorium, the entrance vestibule and every room and passage devoted to the use of the audience shall be constructed of fireproof materials including the stripping of outside walls. None of the walls or ceilings shall be covered with sheathing, canvas or any combustible material, but this shall not exclude the use of wood wainscoting to a height not to exceed four feet, which shall be filled in solid between the wainscoting and the wall with fireproof material. The walls separating the actors' dressing rooms from the stage and the partitions dividing the dressing rooms, together with the partitions of every passage- Avay from the same to the stage, and all other partitions on or about the stage shall be constructed of fireproof material ap- proved by the Building Inspector. All doors in any of said partitions shall be of iron or wood constructed as hereinbefore described. All seats in the auditorium, excepting those con- tained in the boxes, shall be firmly secured to the floor, and no seat in the auditorium shall have more than six seats interven- ing between it and an aisle on either side, and no stool or seat shall be placed in any aisle. All platforms in galleries formed to receive the seats shall not be more than twenty inches in height of riser nor less than thirty inches in width of platform. All aisles on the respective floors in the auditorium having seats on both sides of same shall be not less than three feet wide where they begin, and shall be increased in width to- wards the exits in the ratio of one and one-half inches to five running feet. Aisles having seats on one side only shall not be less than twenty-seven inches wide at their beginnipg, and in- creased in width the same as aisles, having seats on both sides. ORDINANCES. 887 Gradients or inclined planes shall be employed instead of ^^"p^|ce*of steps where possible to overcome slight difference of level, in steps. or between aisles, corridors and passages. Every theatre ac- commodating three hundred persons shall have at least two exits, when accommodating' five hundred persons at least three exits shall be provided, three exits not referring to or includ- ing the exits to the open courts at the sides of the theatres. Doorways of exits or entrances for the use of the public shall ^3^^^.^,^^^.^ not be less than five feet wide, and for every additional one hundred in excess of five hundred persons, twenty inches addi- tional exit width must be allowed. All doors of exit or en- trance shall be hung to open outwardh*, and no such doors ^°op|noiu- shall be locked during any performance, or when the building '"'^^<^- is open to the public. Distinct and separate places of entrance and exit shall be provided for each gallery above the first. A common place of exit and entrance may serve for the audi- torium and the first gallery, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and the said gallery. No passage leading to any stairw^ay com- municating with any entrance or exit shall be less in width than four feet in any part thereof. All stairways within the stairways building shall be constructed of fireproof material throughout, proof. ^ Stairway's serving for the exit of fifty people, must, if ^^frwa^ys straight, be at least four feet wide between railings or between walls, and if curved or winding, five feet, and for every fifty people to be accommodated, six inches must be added to their width. In no case shall the risers of any stairs exceed seven inches in height, nor shall the treds. exclusive of the nosings, be less than nine and one-half inches in straight stairs. In cir- cular stairs the width of tread at the narrowest end shall not be less than seven inches. When the seating capacity is for more than one thousand people, there shall be at least two in- s"ah-c^es^"' dependent staircases with direct exterior outlets provided for pi'ovided. each gallery and the same shall be located on opposite sides of said gallery. Where the seating capacity is for one thousand people or less, two direct lines of staircases only shall be re- quired, located on opposite sides of the galleries and in both cases shall extend from the sidewalk level to the upper gallery ORDINANCES. Inside stair- way. with outlets for each gallery to each of said stairways. At least two independent staircases with exterior outlets shall also be provided for the service of the stage and shall be located on opposite sides of same. All inside stairways leading to the upper galleries of the auditorium shall be enclosed on both sides with walls of fireproof material. In stairs when two side flights connect with one main flight, no winders shall be intro- duced, and the width of the main flight shall be at least equal to the aggregate width of the side flights. All enclosed stair- cases shall have on both sides strong hand rails firmly secured to the wall about three inches therefrom and three feet above the stairs. steam boil- ers located outside. Doorways of iron. Sufficient lights. Exit. Every steam boiler which may be required for heating or other purposes shall be located outside of the building, and the space allotted to the same shall be enclosed by walls of ma- sonry on all sides and the roof and ceiling of such building shall be constructed of fireproof material. All doorways in said walls shall be of iron. No floor register for heating shall be permitted. No coil or radiator shall be placed in any aisle or passageway, used as an exit where it forms an obstruction, but all said coils and radiators shall be placed in recesses formed in the wall or partition to receive the same. All sup- ply, return or exhaust pipes shall be properly encased and pro- tected where passing through floors or near woodwork. Every portion of the building devoted to the uses or accommodation of the public, also all outlets leading to the streets and includ- ing the open courts and corridors shall be w^ell and properly lighted during every performance and the same shall remain lighted until the entire audience has left the premises. Every exit shall have over the same on the inside the word ''Exit" painted in legible letter not less than eight inches high. At least two oil lamps on each side of the auditorium in each tier shall be provided on fixed bracket not. less than seven feet above the floor. Said lamps shall be filled with whale or lard oil and shall be kept lighted during each performance, or in place of said lamps, candles shall be provided. All gas or elec- tric lights in the halls, corridors, lobby or in any other part of the said building used by the audience except the auditorium ORDINANCES. 889 must be controlled only in that particular place. Gas mains ^^^ mains, supplying the building shall have independent connections for the auditorium and the stage, and provisions shall be made for shutting off the gas from the outside of the building. When interior gas lights are not lighted by electricity, other suitable appliances shall be provided to be approved by the Building Inspector. All suspended or bracket lights surrounded bv glass in „,. ^ . . * Wire net- the auditorium, or in any part of the building devoted to the ting on sus- public, shall be provided with proper wire netting underneath. Hgiits. No gas or electric lights shall be inserted in the walls, wood- work, ceiling or in any part of the building unless protected by fireproof materials. All lights in passages and corridors in said buildings, and wherever deemed necessary by the Build- ing Inspector shall be protected by proper wire net work. The footlights in addition to the wire net work, shall be protected by 'a strong wire guard, not less than two feet distant from said footlights and the trough containing said footlights shall be formed of, and surrounded by, fireproof materials. All stage lights shall be incandescent electric lights where the cur- rent can be obtained, and shall be constructed according to tne best known methods, and subject to the approval of the Build- ^jj, (jucts ing Inspector. All ducts or shafts used for conducting heated ^^oubie^ air from the man chandelier, or from any other light or lights, shall be constructed of metal, and made double with air space between. All stage lights shall have strong metalwire guards or screens not less than ten inches in diameter, so constructed fhlfiVe^^*^ that any material in contact therewith shall be out of reach of P^'otected. the flames of said stage lights, and must be soldered to the fix- ture in all cases. Stand pipes of two and one-half inches in stand pipes, diameter shall be provided with hose attachments on every floor and gallery as follows, viz : One on each side of the auditorium in each tier, also one on each side of the stage in each tier, and at least one in the property room and one in the carpenter shop, if the same be contiguous to the building. All such stand pipes shall be kept clear from obstruction. Said stand pipes shall be separate and [^o^g'""^' distinct, receiving their supply of water direct from the steam 890 ORDINANCES. Hose. Casks buckets and Metal skylights. Wire net- ting under skylight. pumps, and shall be fitted with the reo'ulation couplings of the fire department, and shall be kept constantly filled with water by means of any automatic steam pump or pumps of sufficient capacity to supply all the lines of hose when operated simul- taneously and said pump or pumps shall be supplied from the street main, and be ready for use at all times during a per- formance in said buildings. A proper and sufficient quantity of two and one-half inch hose fitted with the regulation coup- lings of the fire department and with nozzles attached thereto and with hose spanners at each outlet shall always be kept at- tached to each hose attachment. There shall also be kept on the stage for immediate use at least four casks full of water and two buckets to each cask. Said casks and buckets shall be painted red. There shall also be provided, hand pumps or other portable fire extinguishing apparatus and at least four axes and two twenty-five feet hooks, two fifteen feet hooks, and two ten feet hooks on each tier of floor of the stage. There shall be provided metal skylights in the roof over the stage of an area or combined area of at least one-eighth of the area of said stage, fitted up with sliding sash and glazed with double thick sheet glass not exceeding one-eighth of an inch thick, and each pane thereof measuring not less than three hundred square inches, and the whole of said skylight shall be constructed as to open immediately on the cutting or burning of a hempen cord, or some other simple device to be approved by the Building In- spector. There shall be provided immediately under said sky- light a wire netting to catch any falling glass from the sky- light, or fire resisting wire glass may be used in the above men- tioned skvlights. Tenement and apart- ment houses. TENEMENTS AND APARTMENT HOUSES. Sec. 75. All tenements and apartment houses hereafter erected or altered or constructed more than four stories and basement in height shall be a building of the first class. Pro- vided, lioivever, that this section shall not preclude the use of wooden floor boards or sleepers to fasten the same, which how- ever shall be imbedded to their top surface with incombustible material. ORDINANCES. 891 Stair halls inclosed in masonry, requirements, exceptions. ^® ^"sTn In every non-fireproof apartment or tenement house hereafter non-fireproof erected or altered all stair halls shall be inclosed on all sides with the wall^ of solid masonry. There shall be no movable transoms or sash openings from any such stair hall to any other part of the building. All glass in such stair halls shall be good quality wire glass, except where same opens into a street, alley, court, or yard. This section shall not apply to apartment or tenement houses three stories in height with only one apartment on each floor. Entrance Halls. — Solid Masonry — Exceptions — Ceilings. Size. Every main entrance halls in a tenement or apartment houses shall be at least three feet six inches wide in the clear from the entrance up to and including the stair enclosure and beyond this point at least three feet wide in the clear. In every non- fireproof apartment or tenement hereafter erected or altered, except where there is only one apartment on each floor such pjgQ,,g entrance hall shall be enclosed with solid masonry, and with floors constructed of incombustible material, and shall comply with all the conditions of the preceding section of this ordi- nance as to the construction of stair halls. If such main en- trance hall is the only entrance to more than one flight of stairs, the said hall be increased in width at least one foot for each additional flight of stairs. Apartments Divided hij Masonry. — There shall be a wall ^iskmbe-'^'" of solid masonry extending from the ground to the roof be- Ave'i-oom^'^^ tAveen each set of apartments, provided, however, that where apartment. apartments consist of only one room or a suite of two rooms, then it shall only be necessary to build the above mentioned wall between every five rooms. The wall between apartments -^raiis above above the first story extending from the main stair hall to the Aoor^may outer wall of the building may jog or set over to some point to- foward'^the ward the centre of the building to provide or 'allow for an even center, distribution of space of the rooms adjacent to the same. Whenever the walls inclosing the entrance or stair hall of waiis sup- porting anv apartment or tenement house hereafter erected or altered beams, i3 , . , . 1 • , 11 1 , • inches. support beams or girders carrvmg a brick wall, the supporting 892 ORDINANCES. Avails shall be not less than thirteen inches laid in cement mor- tar. One stair- way to the roof. Non-fire- proof apart- ments, two stairways. Winders. At least one flight of hall stairs in each tenement or apart- ment honse shall extend to the roof, and there be enclosed in a bulkhead. The bulldieacl door shall not at any time be locked with a kcA', but it may be fastened on the inside with a mo'v - able bolt or hooks. Every non-fireproof tenement or apartment house hereafter erected or altered with more than one apart- ment on each floor above the first shall have at least two flights of stairs, which shall extend from the entrance floor to the top story. Such stairs shall be constructed with a rise of not more than eight inches and with treads not less than nine inches wide. Where winders are used all treads at a point eighteen inches from the wall strings shall be at least ten inches wide. All stairs and the public halls in every such building shall be at least three feet wide in the clear, and every apartment shall be directly accessible from both flights of stairs. Each stairway shall have an entrance on the entrance floor from a street or alley or open passageway or from an outer court or from an inner court which connects directly with the street or alley or open passageway. Cellar and Cellar Ceilings. — In all non-fireproof tenement or apart- basement Tin ii -t ceilings. meut houscs hereafter erected, the cellar and basement ceilings shall be lathed with metal lath and plastered. Fireproof elevator shafts. Shafts. — All elevator or dumb waiter shafts hereafter con- structed in any tenement or apartment house shall be fireproof throughout, with fireproof self-closing doors at all openings at each story. But nothing in this section shall be so construed as to require enclosure about elevators or dumb waiters in the well hole of stairs, where the stairs themselves are enclosed in brick or other incombustible walls, and are entirely constructed of fireproof materials as hereinbefore provided. Open spaces adjoining. Every tenement or apartment house hereafter erected or altered shall have attached to it in the rear or at the side an open space equal in area to at least twenty per centum of the entire area of the lot upon which said tenement or apartment ORDINANCES. 893 house is erected, which open space shall be unobstnieted by any overhanging structure, except fire escapes required by law, unless, however, such tenement or apartment house shall be erected upon a corner of two streets, neither of which is less than twenty feet in width, in which case said tenement or apartment house shall have an open sp^ace attached to it in the rear or at the side next the adjoining lot equal in area to at least ten per centum of the entire area of the lot upon which said building is erected, which open space shall be unob- structed by any overhanging structure, except fire escapes, re- quired by law; and any such apartment or tenement house which shall be erected upon a lot bounded on three sides by streets not less than thirty feet in width may be erected to cover the entire area of said lot. Provided, that every windoAv opening from every room, except bath rooms and w^ater closet compartments, shall open upon one of said streets, such open space attached to every such apartment or tenement house shall be at least eight feet in width throughout its entire length. No open space between Space be- ^ • £ 1 tween tene- tenement or apartment houses or between the wmgs or the ment houses not less than same shall be of a less width than twelve feet. It such apart- 12 feet. ment or tenement shall be built upon a lot which is bounded upon two opposite sides by streets, then at least one end of ever}' such open space shall abut upon one of such streets. Every court or shaft which shall be built for the purpose ^h- shafts. of furnishing light or air to such buildings, shall open one side into a street or into the yard or open space, except such shafts as may be necessary for the ventilation of water closets and bath rooms. Every room in every such tenement or apartment house ,,',', 1 . '. T • , , Windows re- shall have at least one window opening upon a street or upon cuired m the open space provided in this section, and the distance from ^^^ ^on^''- every window in every building to the wall or party line oppo- site to it shall be at least eight feet. The halls on each floor Haiis. shall have a window or windows opening either upon a street or upon the open space, as provided for in this section, and shall have no room or other obstruction at the end unless suf- 894 ORDINANCES. Cubic con- tents of rooms. Height of ceiling. licient light and ventilation is otherwise provided for said halls in a manner approved by the Building Inspector. Every habitable room in every tenement house shall be of such dimensions as to contain at least nine hundred cubic feet of air and in no case shall the height from the floor to the ceil- ing be less than eight ffeet in height, and every window shall have an opening of not less than twelve square feet, unless more than one window is provided for, but the total window space for any room shall be not less than twelve feet. Water closets. Hydrants not per- mitted. Ash receptables. In every such tenement house there shall be one water closet for every tenement or suit of rooms which has its own independent hallway, so separated that its rooms do not open into or connect with any other rooms ; and in tenement houses so constructed that a tenement may consist of a single room or of two rooms, there shall be at least one water closet for every three rooms. Provided, that in the case of buildings existing at the date of this ordinance, which shall hereafter be altered into tenement houses, there shall be one water closet for six rooms, but not less than one for each floor. Every water closet shall be separated from every other water closet, and shall have an entrance entirely independent of the entrance to every other w^ater closet. There shall also be an independent water supply, and at least one sink for ever}'- tenement or suits of rooms. No hydrant shall be permitted in the yard or open space provided for in this section. In every such tenement or apartment house there shall be a suitable receptacle for ashes constructed of incombustible material. Definition. Defining apartment and tenement houses in this ordi- nance. An apartment house is any building or portion there- of intended for or used as the home or residence of three or more families living independently of each other, and in which every such family shall have provided for it at least three rooms and a toilet room containing a set bath tub and a water closet. ORDlNxVNCES. 895 A tenement house is any building or portion thereof in- tended for or used as the home or residence of three or more families living independenth^ of each other and doing their cooking upon the premises or by more than two families upon any floor, so living and cooking, but having a common right in the halls, stairways, yards or water closets or some of them. Sec. 76. Beinforced Concrete Defined. — The term " rein- Reinforced ' ' concrete forced concrete" shall be understood to mean an approved defined, concrete mixture reinforced by steel or iron of any shape, so that the steel or iron will take up all the tensional stresses and assist in the resistance to compression and shear. Plans to he Filed. — Before a permit to erect any rein- pians to be forced concrete structure is issued, complete specifications and Building drawings shall be filed with the Building Inspector showing all ^^^^^ °^" ^ details of the construction, size and position of all reinforcing rods, stirrups, etc., and giving the compositions and propor- tions of the concrete. Foreman or Superintendent. — The execution of the work competent shall be performed by workmen under the direct supervision dent re- of a competent foreman or superintendent. Aggregate.— Hem forced concrete construction will be ac- Reinforced ^^ "^ concrete cepted for fireproof buildings of the first class, if designed as accepted. hereinafter prescribed ; provided, that the aggregate for such concrete shall be clean, broken hard stone, or clean graded gravel, together with clean siliceous sand or fine grained gravel ; should the concrete be used for flooring between rolled steel beams, clean furnace clinkers entirely free of combustible matter, or suitable seasoned furnace slag may be used ; when stone is used with sand or gravel it must be of a size to pass ?i^® ^^ ^t?'^® ° ^ in concrete. through a one inch ring, and 25 per cent, of the whole must not be more than one-half the maximum size; and provided further, that the minimum thickness of concrete surrounding the reinforcing members of reinforced concrete beams and gir- ders shall be two inches on the bottom and one and one-half inches on the sides of the said beams and girders. The mini- ^ffil^g™ mum thickness of concrete under slab rods shall be one inch. °^ concrete. 896 ORDINANCES. Floorings, beams, &c. All reinforcement in columns to have a minimum protection of two inches of concrete. Flooring, Beams, etc. — All the requirements herein speci- fied for the protection of steel and for fire-resisting purposes shall apply to reinforced concrete flooring between rolled steel beams, as well as to reinforced concrete beams and to entire structures in reinforced concrete. strength of concrete. Exposed metal cen- tering. Mechanical mixing. Hand mixing. Any concrete structure or the floor filling in same, rein- forced or otherwise, which may be erec^d on a permanent cen- tering of sheet metal, or metal lathing and curved bars or a metal centering of any other form, must be strong enough to carry its load without assistance from the centering unless the concrete is so applied as to protect the centering as herein specified for metal reinforcement. Exposed metal centering or exposed metal of any kind will not be considered a factor in the strength of any part of any concrete structure, and a plaster finish applied over the metal shall not be deemed sufficient protection unless applied of sufficient thickness and properly secured, as approved by the Building Inspector. Mechanical Mixing. — All concrete shall be mixed in a me- chanical batch mixer to be approved by the Building Inspector, except when limited quantities are required or Avhen the condi- tion of the work makes hand mixing preferable ; hand mixing to be done only when approved by the Building Inspector. In all mixing the material shall be measured for each batch. Method of Hand Mixing. — When hand mixing is done un- der the aforesaid limitations, the cement and fine gravel or coarse sand shall be first thoroughly mixed dry and then made into a mortar by gradually adding the proper amount of water. The crushed stone or gravel shall be spread out to a depth not to exceed six inches, in a tight box or upon a proper floor, and be sprinkled with water as directed ; the mortar is then to be evenly spread over the crushed stone, and the whole mass ORDINANCES. 897 turned over a sufficient number of times, to effect the thorough mixing of the ingredients. Forms and Centerinq. — All forms and centering for con- Forms and centering Crete shall be built plumb and in a substantial manner, made shall be •nil plumb. tight so that no part of the concrete mixture will leak out through cracks or holes, or joints, and after completion shall be thoroughly cleaned, removing shavings, chips, pieces of wood and other material, and no debris of any kind shall be permitted to remain in the forms. All forms to be properly supported and braced in a manner to safely sustain the dead load and the load that may be imposed upon them during con- struction. The reinforcing steel shall be accurately located in the forms and secured against displacement. Concrete shall be placed immediately after mixing. Whenever fresh concrete joins concrete that is set, or par- Joining of tiallv set, the surface of the old concrete shall be roughened, oi'i and new ■ ' '^ concrete. cleaned and spread with cement mortar, which mortar shall be mixed in proportions of one of cement to two of sand. Concrete shall not be mixed or deposited in freezing Not mixed weather, unless precautions are taken to avoid th^ use of ma- weather. terials covered with ice or snow or that are in any other way unfit for use, and that further precautions are taken to pre- vent the concrete freezing after being put in place. All forms under concrete so placed to remain until all evidences of frost are absent from the concrete and the natural hardening of the concrete has proceeded to the point of safety. Concrete laid during hot weather shall be drenched with concrete water twice daily, Sunday included, during the tirst week, weather. The broken stone, if hot and dry, must be wet before going to the mixer. The time at which props or shores mav saf elv be removed Removal of ^ ^ » . shores. from under floors and roofs will vary with the condition of the weather, but in no case should thev be removed in less than 898 ORDINANCES. two weeks ; provided, that column forms shall not be removed in less than four days; provided, further, that the centering from the bottom of slabs and sides of beams and girders may be removed after the concrete has set one week, provided, that the floor has obtained sufficient hardness to sustain the dead weight of the said floor and that no load or weight shall be placed on any portion of the construction where the said cen- ters have been removed. Proportions. The Concrete for all girders, beams, slabs and columns, shall be mixed in the proportions of one of cement, two of sand or fine gravel, and four of other aggregates as before provided. The concrete used in reinforced concrete-steel construction must be what is usually known as a "wet" mixture. When the concrete is placed in water it must be placed in a semi-dry state. Portland cement required. Only Portland cement shall be permitted in reinforced concrete constructed buildings. All cement shall be tested, in carload lots when so delivered or in quantities ecjual to same, and report filed with the Building Inspector before using it in the work. Cement failing to meet the requirements of the ac- celerated test will be rejected. Tests. Soundness, Accelerated Test.— Pats of neat cement will be allowed to harden twenty-four hours in moist air, and then be submitted to the accelerated test as follows : A pat is ex- posed in anj- convenient way in an atmosphere of steam above boiling water, in a loosely-closed vessel, for three hours, after which, before the pat cools, it is placed in the boiling water for five additional hours. To pass the accelerated test satisfactorily, the pats shall remain firm and hard, and show no signs of cracking, distor- tion or disintegration. Minimum Sucli ccments, when tested shall have a minimum tensile t6nsilG • • strength. strength as follows : Neat cement shall, after one day in moist air, develop a tensile strength of at least 150 pounds per square inch; and after one day in air and six days in water ORDINANCES. 899 shall develop a tensile strength of at least 500 pounds per square inch ; and after one day in air and twenty-seven days in water shall develop a tensile strength of at least 600 pounds per square inch. Cement and sand tests composed of one part of cement and three parts of crushed quartz shall, after one day in air and six days in water, develop a tensile strength of at least 175 pounds per square inch, and after one day in air and twenty-seven days in water shall develop a tensile strength of at least 2-10 pounds per square inch. These and other tests ^sts'^may be as to fineness, set, etc., made in accordance with the standard leQuired. method prescribed by the American Society of Civil Engineers may, from time to time, be required. Walls. — ^Reinforced concrete may be used in place of brick waiis. and stone walls in which cases the thickness may be two-thirds of that required for brick walls as shown in the Sections No. 14 and No. 22 of this ordinance. Provided, the unit stresses as set forth in this ordinance are not exceeded. Concrete walls in such cases must be reinforced in both directions in a manner to meet the approval of the Building Inspector. Steel. — All reinforcements used in reinforced concrete Reinforce- ,. p-i ments shall shall be oi standard grade oi structural steel or iron oi either be steel or grade to meet the "Manufactures' Standard Specifications," revised February 3, 1903. Reinforced concrete slabs, beams and girders shall be de- Design of 3d in a( quirements : (a) The common theorv of flexure to be applied to all „ ^ ' . . ^ . Require beams and members resisting bending. ments. (b) The adhesion between the concrete and steel is suf- ficient to make the two materials act together. (c) The design shall be based on the assumption of a load four times as great as the total load (ordinary dead load plus ordinary live load). signed in accordance with the following assumptions and re- reinforced concrete slabs, &c. 900 ORDINANCES. (d) The steel to take all the tensile stresses. (e) The stress-strain curve of concrete in compression is a straight line. (f) The ratio of the moduli of elasticity of concrete to steel : Stone or gravel 1 to 12 Slag concrete 1 to 15 Cinder concrete 1 to 30 The allowable unit transverse stress upon concrete in com- pression : Stone or gravel concrete 600 lbs. per sq. in. Slag concrete 400 lbs. per sq. in. Cinder concrete 250 lbs. per sq. in. The allowable unit transverse stress in tension : Iron 12,000 lbs. per sq. in. Steel 16,000 lbs. per sq. in. The allowable unit shearing strength upon concrete : Stone or gravel concrete 75 lbs. per sq. in. Slag concrete 50 lbs. per sq. in. Cinder concrete 25 lbs. per sq. in. The allowable unit adhesive strength of concrete : Stone or gravel concrete 50 lbs. per sq. in. Slag concrete 40 lbs. per sq. in. Cinder concrete 15 lbs. per sq. in. The allowable unit stresses upon concrete in direct com- • pression in columns : Stone or gravel concrete 500 lbs. per sq. in. Slag concrete 300 lbs. per sq. in. Cinder concrete 150 lbs. per sq. in. The allowable unit stress upon hoop columns composed of stress upon stone or gravel concrete shall not be over 1,000 pounds per columns. squarc inch, figuring the net area of the circle within the hooping. The percentage of longitudinal rods and the spacing ORDINANCES. 901 of the hoops to be such as to permit the concrete to safelj' de- velop the above unit stress with a factor of safety of four. When steel or iron is in the compression sides of beams the proportion of unit stress taken by the steel or iron shall be in the ratio of the modulus of elasticity of the steel or iron to the modulus of elasticity of the concrete; provided, that the rods are well tied with stirrups connecting with the lower rods of the beams; provided, further, that when rods are used in compression, the approval of the Building Inspector must be obtained. In the design of structures involving reinforced concrete in reinforced concr6t6 beams and girders, as well as slabs, the beams and girders shall construction . . fill ■ beams and be treated as T-beams, with a portion of the slab acting as girders shall flange in each case. The portion of the slab that may be used as T-beams. to take compression shall be dependent upon the horizontal shearing stress that may exist in the beam, and in no case shall the slab portion exceed twenty times the thickness of the slab. All reinforced concrete T-beams must be reinforced against the shearing stress along the plane of junction of the rib and the flange, using stirrups thr(?iighout the length of the. beam. Where reinforced concrete girders carry reinforced concrete beams, the portion of the floor slab acting as flange to the girder must be reinforced with bars near the top, at right angles to the girder, to enable it to transmit local loads di- rectly to the girder and not through the beams, thus avoiding an integration of compressive stresses due to simultaneous ac- tion as floor slab and girder flange. In the execution of work in the fleld, work must be so car- ried on that the ribs of all girders and beams shall be mono- lithic with the floor slabs. In all reinforced concrete structures special care must be Joints, taken with the design of joints to provide against local stresses and secondary stresses due to the continuity of the structures. Shrinkage and thermal stresses shall be provided for by shrinkage, the introduction of steel. 902 Bending moments. ORDINANCES. In the determination of bending moments due to the ex- ternal forces, beams and girders shall be considered as simply supported at the ends, no allowance being made for continuous construction over supports. Floor slabs, when constructed continuously, and when provided with reinforcement at top of slab over the supports, may be treated as continuous beams, the bending moment for uniformly distributed loads being taken at not less than WL-10 in case of square floor slabs which are reinforced in both directions and supported on all sides, the bending moment may be taken at WL-20, provided, that in floor slabs in juxtaposition to the walls of the building the bending moment shall be considered as WL-8, when rein- forced in one direction, and if the floor slab is square and rein- forced in both directions, the bending moment shall be taken at WL-16. When the shearing stresses developed in any part of a re- inforced concrete building exceed under the multiplied loads the shearing strength as fixed in this section, a sufficient amount of steel shall be introduced in such a position that the deficiency in the resistance to shear is overcome. Limit of ad- . When the safe limit of adhesion between the concrete and hesion be- tween con- gteel is exceeded, provision must be made for transmitting the Crete and • ^ steel. strength of the steel to the concrete. Columns. Rods. Load tests. Reinforced concrete may be iLsed for columns in which the ratio of the length to least side or diameter does not exceed fifteen. If more than 15 diameters the allowable stress shall be increased proportionally. Reinforcing rods that are intro- duced for lateral stresses must be tied together at intervals of not more than the least side or diameter of the columns. Longitudinal reinforcing rods will not be considered as taking any direct compression. The contractor must be prepared to make load tests in any portion of a reinforced concrete building within a reason- able time after erection and as often as may be required by the Building Inspector. The tests must show that the construe- ORDINANCES. 903 tion will sustain a load equal to twice the calculated live load without signs of cracks. Sec. 77. No buildinor within forty feet of the propertj^ of No stable ^ "^ i i •/ within 40 ft. any adjoining owner shall be erected or converted to use as a stable, unless such use is authorized by the consent of the Pub- lie Building Committee of Council. («) (a) Sec. 31 of the Charter prohibits the passage of a special ordi- nance exempting any individual, &c., from the operation of a general or- dinance. And the common law rule is, that an ordinance to be good must be reasonable, certain and uniform. The validity of the above section is doubted. Sec. 78. No wooden building within or without the city bufidings limits shall be moved to any position within the city limits. moved.°* ^^ No permit to increase the height or ground area of any ^^^H^^^^ part of a frame building shall be granted, and no permit for alterations or repairs to a frame building shall be granted if the estimated cost of the proposed alteration and repairs ex- ceed one-half of the cost of a like new building exclusive of the cost of the foundations. Wood and Wooden Shingles. — It shall only be lawful to Shingles. use wood or wooden shingles as follows : Sec. 79. In the construction of any brick or stone single private dwelling, which shall hereafter be so erected in this use. city, as that no part of the w^alls thereof shall be less than ten feet from any building line, or nearer than ten feet to the line of any adjoining lot, and if built on land of the same owner, nearer than twenty feet to any other building, it shall not be unlawful to use wood or wooden shingles on the roof, bay or bow w^indows above the first story and on the gables above the second story. Sec. 80. The Building Inspector having any duty to per- privilege form under the provisions of this ordinance may, so far as may inspector!^ be necessary for the performance of his duties enter any building or premises in the city. 904 ORDINANCES. Buildings gg^ 81. Everv buildin£c and part thereof and appurte- must not be ^ ^ l x r- dangerous. nant thereto shall be maintained in such repair as not to be dangerous. The owner or the agent for the owner shall be re- sponsible for the maintenance of all buildings and structures. Violations constitute a nuisance. Fines. Prosecutions Sec. 82. Any building or structure which is erected, al- tered or maintained in violation of the provisions of this ordi- nance, shall be deemed a common nuisance without other proof thereof than proof of its unlawful construction. Whoever vio- lates any provision of this ordinance, or whoever builds, alters, or maintains anj^ structure or any part thereof in violation of any provision of this ordinance and whoever refuses to make the said building or structure comply with the provisions of this ordinance after receiving notice to do so from the Build- ing Inspector, shall be punished by a fine not exceeding two hundred dollars for each offence and the further sum of ten dollars for each and every day the nuisance remains unabated. All fines when collected shall be paid to City Treasurer for use of the city. Sec. 83. Prosecutions for the violations of the prohibi- ' tions of this ordinance shall be before the Judge, of the ]\Iuni- cipal Court and the Municipal Court of the City of Wilming- ton. Sec. 84. All former building ordinances or regulations now in force be and the same are hereby repealed. Approved May 17, 1909. ORDINANCES. 905 CHAPTER XI. ORDINANCES RELATING TO FOOTWAYS AND SIDEWALKS. Page I Page 1. Widening Foot Walks on | of Delaware Avenue 906 Delaware Avenue 905 I 3. Board Walks on Foot 2. Foot Ways on West Side | Ways 906 AN ORDINANCE for widening the footwalks on each side of Delaware avenue. Section 1. That under the authority given by the second Footways widened on section, a further supplement to the ' ' Act to alter and estab- Delaware ' '^ ^ in avenue 5 lish the Charter of the Borough of Wilmington, that the toot- feet. ways on each side of Delaware avenue from Tatnall street to the city line be widened five feet, and that the admeasurement of the ground for this increased width of five feet be taken parallel with the curb stone. Sec. 2. That no erection fronting houses that may here- Buildings to after be built on Delaware avenue within the limits prescribed in the first section of this ordinance shall extend from said buildings further than five feet on the footways, so as to have a clear and unobstructed footway twelve feet nine inches in width in conformity with the express condition of which said five feet is surrendered by owners of the property. Sec. 3. That no wooden buildings shall be erected on wooden either side of Delaware avenue from Tatnall street north to prohibited. the city line. Passed at City Hall, October 21, 1847. 906 ORDINANCES. wwenid 5 ^^ ORDINANCE for widening the footways on the west side feet. gf Belaware avenue} Section 1. That under the authority given by the second section of a further supplement to the "Act to alter and re- establish the Charter of the Borough of Wilmington," that the footway on the west side of Delaware avenue, from Tatnall street to the city line, be widened five feet and that the ad- measurement of the ground for this increased width of five feet be taken parallel with the curb stone. Buildings to Sec. 2. That no erection fronting houses that may here- after be built on said Delaware avenue within the limits pre- scribed in the first section of this ordinance shall extend from said buildings further than five feet on the footway so as to leave a clear and unobstructed footway twelve feet in wddth, in conformity with the express condition on which said five feet is surrendered by the owners of the property. AN ORDINANCE in relation to footways and sidewalks. fo\i\\&\A^^ Section 1. That from and after the passage of this ordi- mentsre'-^^' i^^^^^, it shall be the duty of the person to whom a written moved. license is granted to use a part of any street, lane, alley or footway for the purpose of erecting or repairing any house or building as provided by Section 3, of an ordinance, entitled "Offences against the Public Economy and certain nui- sances, ' ' passed October 30, 1856 ; in case the paved footway or sidewalk is taken up and removed, to cause to be placed, put dowm, and kept in lieu thereof, during the erection or repair- ing of such building, boards or planks so as to leave a board or plank footway of at least three feet in width, for the safe and convenient passage of persons walking along and upon the Exceptions. Same. Provided, however, that this shall not apply to excava- tions of cellars or foundations during working hours. If any person, as aforesaid, shall neglect or refuse to comply with the provisions of this ordinance, every person so offending shall 1. Date of passage of this ordinance is not given in any of the printed editions of ordinances published. ORDINANCES. 907 forfeit and pav a fine of ten dollars for each and every dav of P.e"a]ty for ^ " - ./ violation. such neglect or refusal. Sec. 2. It shall be the duty of the Building Inspector, as Police to 6nf orcG. well as of the High Constable and the City Constables, to see that the provisions of this ordinance are enforced, and the duties hereby imposed are complied with. Passed at City Hall, March 27, 1884. 908 ORDINANCES. CHAPTER XII. ORDINANCES RELATING TO SEWERS, DRAINS AND RUNS. Page 1. Dimensions of Culverts on Shipley Run 908 2. Changing Course of Shipley Run 910 3. Changing Direction of Ship- ley Run 910 Page 4. Re-establishing Course of Shipley Run 911 5. Widening Bed of Shipley Run 912 6. Re-establishing Course of Shipley Run 913 Size of Ship- ley run cul- vert. Tenth street, Seventh street. Fifth street. Second street. Newport turnpike. Clements run. AN ORDINANCE to regulate the dimensions of culverts that may he 'built 'to carry the water of Shipley run. Section 1. All culverts that shall hereafter be built or rebuilt, to convey the waters of Shipley run, («) shall conform to the following described dimensions, to wit : From the source of said run to and under Tenth street, five feet wide, wdth side walls three feet high; from Tenth street to and un- der Seventh street, eight feet wide, and side walls three feet high ; from Seventh street to and under Fifth street, nine feet wide and side walls four feet high; from Fifth street to and under Second street, ten feet wide, and side walls four feet high ; from Second street to and under the Newport turn- pike, ten feet wide, and side walls four feet six inches high ; from the Newport pike to Clements run, ten feet wide, and side walls five feet high. (a) In the ease below cited the Chancellor referred to Shipley Eun as follows: The Chancellor: "It is a perversion of the common law doctrine in respect to the diversion of natural watercourses, to apply that doctrine to such a stream, — if a stream it can be possibly called, — as that of Shipley Kim, rising in the springs of the northern part of the city, and passing by a sinuous course, under sinks and manufac- tories, through culverts, and emptying its filth, before it finally discharges into the Christiana Elver, upon low ground, in the midst of the city, and endangering the health and comfort of a numerous surrounding i)opula- tion. Shipley Eun is no such watercourse as the municipal authorities of a large city, like Wilmington, may not divert, or fill up, if they choose, ORDINANCES. 909 for the protection of the lives, health and comfort of the inhabitants of the city." Murphy vs. Wilmington, 5 Del. Ch. 281 at 291-292 (yr. 1879) The Court held compensation did not have to be paid for such a g+j>pQjji of W3,tGr. Murphy et al vs. Wilmington, 6 Houst. 108 at 129. (yr. 1880) Sec. 2. The changes in height shall be made in the hot- gj^^f ^^ '^ torn of the culvert, so that on the lower side of Seventh street there shall be a step down of one foot; on the lower side of Second street, a step down of six inches ; and on the lower side of the Newport pike, a step down of six inches. Sec. 3. The changes in width shall be divided in equal Changes in r. T width. offsets, on each side of the centre lines, at those streets where they occur, so that the axis of the adjoining sections of the said culverts shall coincide. Sec. 4. All sections of this culvert built between streets Direction shall be in direct lines from one street culvert to another, al- of thTcuf- ways, provided, that every change of direction shall be made^'^'^'^" by a curve of at least forty feet radius on the axis of the cul- vert. Sec. 5. Whenever any section of said culvert is covered ^j^^ cover- b}^ masonry the covering shall be a sufficient brick arch turned j,"^^^^ ^^fj^ on the segment of a circle, of which the spring shall be one- '^'ert. fourth of the span. Sec. 6. It shall not be lawful for any person or persons 1 -in- -1 • • • /. , • -1 / ^^ T^'nlawfully building m the vicinity oi the said run to encroach on the encroaching aforesaid arrangement or dimensions of the culverts built or vert. to be built. Sec. 7. When the said run is the dividing line between cuiwrt on the property of two or more persons, the centre of said run line. and the centre of said culvert shall be ascertained and estab- lished by a City Surveyor on the payment of the customary charges. Passed at City Hall, January .13, 1870. 910 ORDINANCES. Changes in courses. AN ORDINANCE to change the course of Shipley run be- tween Seventh and Eighth streets. Section 1. That the present course and direction of that part of Shipley run between Seventh and Eighth streets are hereby altered and changed, and the course and direction thereof between said streets shall hereafter be as follows, to wit : Beginning at the building line on the north side of Sev- enth street, in the centre of the culvert now erected over said run ; and running thence, for the centre line of said run, north thirty-seven degrees and fifteen minutes east, thirty-nine feet, to a stake in said run, at a point of curv^e of fourteen degrees and fifteen minutes to the left ; thence, with said curve one hundred and twenty-four and five-tenths feet to a stake at a point of tangent in said run ; thence, with said tangent, north nineteen degrees and fifteen minutes east, one hundred and five feet to a stake, at the building line on the south side of "Eighth street, in the centre of a culvert now erected over said run. Width of run, 8 feet. Sec. 2.. The width of said run between Seventh and Eighth streets shall be eight feet, and all culverts which shall be built over the said part of said run shall conform to the course, direction and dimensions of the same hereby estab- lished. Passed at City Hall, July 9, 1874. Course of ' Shipley run AN ORDINANCE to change the course and direction of Ship- ley run from the north side of Fourth street to the south side of Sixth street. Section 1. That the present course and direction of that rwth^tr tP^^^ ^^ Shipley run, between Fourth and Sixth streets are and Sixth hereby altered and changed, and the course and direction of street. "^ . the centre line of said run, between the said streets, shall here- after be as follows, to wit : Beginning at the building line on the north side of Fourth street, said beginning point is five feet westerly from the face of east wall of the sewer as now constructed across Fourth street; thence, from said point "^rescribed^ north fourteen degrees and twenty-five minutes east, seventy- ORDINANCES. 911 one feet seven inches and a half (71 ft. 7^ in.) to an angle in said run five feet westerly from the stone wall on the east side of the present run ; thence, north twent5''-one degrees six min- utes (21 deg. 6 min.) east fifty-four feet and eight inches (54 ft. 8 in.) to another point or angle in said run fiye feet west- erly from the general range of the stone wall on the east side of said run; thence, north twenty-eight degrees and forty- three minutes (28 deg. 43 min.) east sixty-six feet {6Q ft.) to an angle or point, which is five feet easterly, from the face of the wall on the west side of said run, said point is sixty feet (60 ft.) easterly from the east side of Monroe street, measured at right angles from said street; thence, passing under the buildings forty-eight feet six and one-half inches to an angle in said run, at the south side of Fifth street, said point is fifty- eight feet two and a half inches easterly from the east side of Monroe street ; thence, north fifty degrees and thirty-four min- utes (50 deg. 34 min.) east three hundred and twenty-five feet (325 ft.), to a point at the south side of Sixth street, said point is four feet and six inches west of the face of the east wall of the sewer now constructed across Sixth street. Sec. 2. The width of said run from Fourth street to the south side of Fifth street, shall be ten feet ; and from the south ^'ur^^to"^ side of Fifth street to the south side of Sixth street, shall be ^j.^^*^ ^^j'^'j.^*- nine feet ; and all culverts which shall be built over the afore- to sixth ' . street. said parts of the said run, shall conform to the course, direc- tion and dimensions of the same hereby established. Passed at City Hall, May 21, 1875. AN ORDINANCE to change and re-estaUislt the course of Shipley run from the north side of Eighth street to the east side of Monroe street. Section 1. That the present course and direction of that course and „__.,. direction. part of Shipley run, between the north side oi Eighth street and the east side of Monroe street, are hereby altered and changed, and the course and direction thereof, between said streets, shall hereafter be as follows, to wit : Beginning at the building line on the north side of Eighth street in the centre 912 ORDINxVNCES. of the culvert now erected over said run ; and running thence, for the centre line of said run north, twenty-one degrees and thirty minutes east, eighty-three feet and four inches to a point of curve making an angle with the centre line of Eighth street of seventy-six degrees and twenty-two minutes ; thence, from said point of curve by a curved line of two hundred and forty-four feet and forty-eight hundredths of a foot radius, deflecting to the left for a distance of one hundred feet to a point of tangent, making the angle at the intersection of the tangents twenty degrees and seven minutes ; thence, from said tangent point north, two degrees and fifteen minutes west, one hundred and twenty feet to the east side of Monroe street, in the centre of the culvert now erected over said run. SJm s °v/nth ^^^- 2- The width of said run from the north side of Sev- to Monroe gjj^}^ street to the said easterlv side of Monroe street shall be street. ten feet, and all culverts which shall be built over said run, be- tween the above mentioned points, shall conform to the course, direction and dimensions of the same as hereby established. Sec. 3. That all ordinances and parts of ordinances in- consistent herewith be and the same are hereby repealed. Passed at City Hall, September 20, 1877. Width. AN OBDIXAXCE changing the course and widening the hcd of Shipley run from Maryland avenue to Marsh lane. Section 1. That the bed of Shipley run, from the east- erly side of Maryland avenue, to and under the .Philadelphia, Wilmington and Baltimore Railroad, shall be twenty feet wide, and from the P., W. & B. R. R. to Marsh lane, shall be twenty feet wide. Course of Shipley run. Sec. 2. The course of Shipley run from Maryland ave- nue to ]\Iarsh lane shall be as follows : Beginning at a point for the centre line of said culvert, on the south side of Mary- land avenue and distant from the northeasterly side of East Liberty street 176 feet 6 inches; thence, deflecting to the right from ]\larvland avenue, making an angle with said ave- ORDINANCES. 913 nue 86 degrees 45 minutes, and rimning 22 feet to a point of curve to the right, with a radius of 220 feet ; thence, with said curve, a deflection of 60 degrees 50 minutes to a point of re- verse curve, the distance measured on the chord subtending the arc from point of curve to point of reverse curve is 224 feet; thence, with said reverse curve deflecting to the left 13 degrees 30 minutes, or until a tangent to the curve will pass down the centre of the run as it is now walled in by the Phila- delphia, Wilmington and Baltimore, and Delaware and West- ern Railroads ; the distance measured on a chord from point of reverse curv^e to point of tangent is 113 feet ; thence, with said tangent 186 feet to a point of curve on the southeasterly side of the Delaware and Western Railroad; thence, with a curve to the right, radius 508, feet, deflection 10 degrees 55 minutes, distance measured on a chord subtending the arc is 96 feet ; thence, with a curve to the left, radius 1153.5 feet, total de- flection 16 degrees 14 minutes to a point of compound curve, the distance measured on the chord subtending the arc is 340 feet; thence, from said point of compound curve, radius 228 feet, total deflection 55 degrees 36 minutes, distance measured on the chord subtending the arc is 212.5 feet to a point of tan- gent ; thence, with said tangent 160 feet to the easterly side of Marsh lane. The said run or sewer shall be twenty feet wide from ^Maryland avenue to the east side of ]Marsh lane. Sec. 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. Passed at City Hall, November 1, 1877. Course and AN ORDINANCE to change and re-estahlish the course of Shipley run from the north side of Ninth street to the east side of Adams street. Section 1. That the present course and direction of that part of Shipley run, between the north side of Ninth street direction. and the east side of Adams street, are hereby altered and changed, and the course and direction thereof between the said streets shall hereafter be as follows, to wit : Beginning at the building line on the north side of Ninth street at the distance 914 ORDINANCES. of two hundred and six feet and two inches (206 ft. 2 in.) easterly from the east side of Adams street, and in the centre line of the culvert now erected over said run ; and running whence, for the centre line of said run, north, twenty-eight de- grees and five minutes east, twenty-nine feet to a point of curve ; thence, from said point of curve by a curved line of one hundred and forty feet radius, deflecting to the left for a dis- tance of one hundred and fifty-six feet to a point of reverse curve ; thence, with said reverse curve, with a radius of two hundred and forty feet, deflecting to the right one hundred and forty-five and a half feet, to the easterly side of Adams street, at the centre line of sewer now constructed over said run across Adams street. Width of gj^Q 2. That the width of said run from the north side of Ninth street, to the said easterly side of Adams street, shall be Culverts. eight feet, and all culverts which shall be built over said run between the above mentioned points, shall conform to the course, direction and dimensions of the same as hereby estab- lished. Sec. 3. All ordinances and parts of ordinances inconsist- ent herewith be and the same are hereby repealed. Passed at City Hall, July 3, 1879. ORDINANCES. 915 CHAPTER XIII. NAVIGATION. Page 1. Harbor Master and Regu- lations of Vessels 915 Page 2. Regulating the Speed of Steamboats 918 AX ORDINANCE to prevent ohstructions in the channels of the Christiana river and Brandywine creek, within the limits of the city. Section 1. From aud after the twentieth day of October, Anchoring instant, it shall be unlawful for the master, captain or other ^et^weln ^ person having- charge of any vessel, to anchor, lay to, or other- Popfar^^"*^ Avise occupy in a stationary manner (after four hours notifica- ^^^[jftgl p'"°' tion) with his vessel, an}' part of the Christiana river, between Tatnall street and one hundred feet below Poplar street (ex- cept on the south side, where such vessel shall leave two hun- Exceptions. dred feet of the channel open and free from obstruction) and any vessel or vessels laying to, or anchoring between the said one hundred feet below Poplar street and the mouth of said river, shall leave at least one hundred and fifty feet of the channel to channel open and free for all vessels and steamboats to pass for sa^iing^^ and repass without obstruction. Any person so offending shall sTUmboats. be guilty of a common nuisance, and for the first offence shall forfeit and pay a fine of five dollars, aud for every subsequent offence shall forfeit and pay a fine of ten dollars. All vessels vk)"ation^°' drawing twelve feet of water or over, which may be lying in the stream of said river, between the said one hundred feet be- low Poplar street and the mouth of said river, shall, after the expiration of twenty- four hours from the time of their first drawing 1 2 anchoring, be moored head and stern with the current, and for phaii^mo^or^^ neglect or failure herein, the master, captain or other person sf^rn^uh having charge of said vessel or vessels, shall be guilty of a com- ^^^ current, mon nuisance, and for the first offence shall forfeit and pay a 916 Penalty. Discharging ballast into creeks un- lawful. Vessels in dock shall be made se- curely fast. Anchors not to interfere with vessels passing. Obstructions to naviga- tion. Vessels ob- structing docks. ORDINANCES. fine of five dollars, and for the second and every subsequent offence a fine of ten dollars. Sec. 2. From and after the said twentieth day of October instant, it shall not be lawful for any person or persons to dis- charge from any vessel or otherwise into the Christiana river or into the Brandy wine creek, within the limits or jurisdiction of this city, any ballast or any other substance calculated to fill up, or which might tend to create any obstruction to the free navigation of said river or creek ; and any person so offending shall be guilty of a common nuisance, and for every such of- fence shall forfeit and pay a fine not exceeding fifty dollars. Sec. 3. When any ship or vessel shall be hauled into any wharf or dock, or alongside of another vessel that may be ly- ing at such wharf or dock, the owner, master, pilot, or who- ever may have the command, care or direction of her, shall have her securely made fast, and if outside of another vessel, shall get one good fast from each end of the vessel to the shore, with sufficient fenders between them and the inside vessel, and shall cause the flukes of their anchors to be taken in board, and within one hour thereafter, if required, cause her jib-boom, spritsail, yard, spanker and ringtail booms, if any they have, to be rigged in, and their lower yards topped up in such man- ner as least to interfere with vessels passing. Sec. 4. If fasts of vessels then moored at a wharf shall extend across a dock, so as to obstruct the passing or repassing of shallops, lighters or other craft or vessels, the master, or other person having command of such vessel, shall, upon tlie first application, immediately cause such fast or fasts to be cast off Of slacked down. Sec. 5. If vessels lying at the end of wharves so much in- terlock with each other as to prevent vessels hauling in and out of the docks, the master, owner, pilot or other person having charge of the same shall, immediately, on application from any person so wanting to haul his vessel in or out of the dock afore- said, have the vessel or vessels so interfering, moved in such a manner as to accommodate the one applied for, in which case ORDINANCES. 917 the vessel making room for another to haul in or out shall have liberty to make her warps fast to the most convenient place ad- jacent for a reasonable time, and all sea vessels when trans- porting or wanting to haul into a wharf or dock, or to make sail in order to proceed to sea, shall have the same privilege. Sec. 6. For the purpose of having the foregoing rules Harbor Mas- and regulations faithfully and impartially executed, a Harbor appointed. Master shall be [elected by the Council, at the second stated 1^^^^^.^°* 7*' meeting in July next, and annually thereafter,] whose duty it i5|^' i"^- ^• shall be strictly to enforce the foregoing rules («) and regula- tions, and if any master or captain of any such vessel shall re- fuse or neglect to comply with the direction of said Harbor IMaster, while in the execution of his duty as aforesaid, or if Harbor°Mas- •any person whatever shall obstruct or prevent said Harbor *&!•• Master in the execution of his duties aforesaid, such master, captain or other person shall, for each offence, severally, for- feit and pay a sum not exceeding fifty dollars, to be recovered penalty for before the [Judge of Municipal Court] for the use and bene- '^'ioiation. fit of said city. (a) For the legal meaning of the word "rules," see See. 76 "a" of the Charter, and the ease of Morris et al vs. Pilot Corns., 7 Del. Ch. 136. (jr. 1S94) * * * ******* ^^^ qj April 13. 1883. [In case of any failure to elect a Harbor Master at the Sept. 7, is82. time provided in this section, the Harbor Master then holding fiec^a^Har- office shall hold over until such time as Council shall proceed ^°^' ^^^*-®''- to elect his successor, who, when elected, shall hold office until the period of the next regular election.] [The salary of the Harbor ]\Iaster shall be the sum of one salary. hundred dollars per annum, payable in monthly instalments, -"^ug. 23. isss. and he shall not receive any other compensation for perform- ing the duties. of Harbor Master.] Sec. 7. The first named penalty' in the first section of this ordinance shall not be recovered when vessels are aground or wiien vessels from stress of weather it may be dangerous to remove. 918 ORDINxVNCES. Sec. 8. The fines hereinbefore mentioned shall be recov- ered before the [Municipal Court] as sums of like amount are recoverable for the use of said city. Passed at Citv Hall, October 12, 1837. Speed of steamboats. Penalty. Duty of Har- bor Master. AN ORDINANCE to regulate the speed of steamboats within the limits of this city. Section 1. From and after the passage of this ordinance, it shall not be lawful for any boat or vessel, propelled or navi- gated by the force or aid of steam, to enter or be propelled in the Christiana river within the limits of the City of Wilming- ton at a greater rate of speed than as follows : Vessels or boats over 100 tons, four miles per hour ; vessels of 100 tons and un- der, five miles per hour ; and the master, commander or man- ager of any boat or vessel which shall enter or be propelled in the said river, wdthin the limits aforesaid, at a greater rate of speed than is provided by this section, shall be guilty of a com- mon nuisance and for every such offence shall, upon convic- tion thereof before the []\Iunicipal Court] of this city, forfeit and pay a fine of twenty dollars, the one-half thereof to be paid to the informer, and the other half to be paid into the city treasury. Sec. 2. It shall be the duty of the Harbor Master for the said city, by himself of his deputy, to leave a copy of this ordi- nance on board each and every boat or vessel propelled or navi- gated by steam now in the Port of Wilmington or which may hereafter come into the same. Ordinance of Sept. 9, 1847, repealed. Sec. 3. That the ordinance, entitled "An ordinance to regulate the speed of steamboats within the limits of this city," passed September 9, 18-47, and all ordinances and parts of ordinances inconsistent with the provisions of this ordi- nance be and the same are hereby repealed, made null and void. Passed at City Hall, March 31, 1882. ORDINANCES. 919 CHAPTER XIV WHARVES. Page 1. Regulating Leasing of Wharves 919 Page 2. Regulating Use of Leased Wharves 920 AN ORDINANCE regulating the leasing of the wharf prop- erty of the City of Wilmington.^ Section 1. From and after the passage of this ordinance, „^ ^ ^ ° ' Wharf prop- so much of the wharf property of this city shall be put up at erty to be 1C3-SGQ. 3,L public sale on the first Monday of oNIarch of each year as shall public sale, come into possession of the citj^ by the expiration of leases heretofore granted, or that may be granted, and sold («) to ^^^ ,g ^^^^ the highest bidder for the term of three years. [Provided, the Committee on Public Buildings have the right to reserve a bid and withdraw any wharf if, in their opinion, the highest bid is not sufficient.] (o) The rents received from the leases of wharves under the above ordinance were expended by ' ' The Council ' ' for the use of the city until the year 1887. The Street and Sewer Department was created in that year, and it claimed and received the rents from that time until about. the year 1900 when the Court decided the rents belonged to ' ' The Mayor and Council of Wilmington," and not to the Street and Sewer Department. Lore, C. J.: " — also a third suit brought by the same plaintiffs against the said Auditor of the City of Wilmington * * in , which the same issue was raised in regard to rents collected from lessees of wharves along the river front at the ends of streets owned by the said City of Wilmington. * * Judgment was rendered in favor of the defendant in each case." i. e., for "The Council" and against the Street and Sewer Department. Street and Sewer Department vs. Connell, 2 Penn. 571 at 572. (yr. 1900) 1. Wharves are now leased by the Board of Directors of the Street and Sewer Department. 920 ORDINANCES. Walnut gEc. 2. The foot of Walnut street, now leased to the Phila- street wharf ' exempt for delphia, Wilmington and Baltimore Eailroad Company, shall ^■'^■^^- be exempt from this ordinance as by a resolution of Council lease. which states, "That in consideration of certain amounts of money spent , thereon by the said P., W. & B. Railroad Com- pany, that Council would apply for power from the Legisla- ture to grant a lease to said Philadelphia, Wilmington and Baltimore Railroad Company for the term of fifty years from March 25th, 1862, ' ' and which power has been applied for. Sec. 3. The wharf property at the foot of Shipley street, now leased by James Murphy, shall be exempt from this ordi- nance until the expiration of the time specified in his lease, also the wharf property at the foot of French street, now leased to George W. Bush until the expiration of the time specified in his lease, provided he makes all needed repairs to the wharf at his own expense, and shall leave it in good condi- tion. West street Sec. 4. That portiou of West street which has been leased open!"^''^ to the Harlan & Hollingsworth Company as a wharf property, being a portion of said West street and not a wharf property, shall remain open to the public, and leased to no one. Jan. 15, 1874. |-g^^^ 5 rj.j^^^ ^^^ ^w]lari property at the foot of Third street, and the foot of Fourth street, and the wharf property at the foot of Poplar street, shall be exempt from the opera- tion of this ordinance, and the Council shall have power from time to time to let or demise the same in such manner and for such times not exceeding ten years as may be deemed expedi- ent.] Passed at City Hall, February 9, 1871. Shipley- street wharf exempt until present lease expires, French street wharf. To be kept in repair by renter at his expense. AN ORDINANCE relating to the leases of public wharves. Section 1. That public wharves belonging to the City of i^Sd*° Wilmington, and being situated at the end of public streets, te/npur-^^"^' sliall be leased only for the purpose of loading and unloading poses. q£ merchandise in the course of business, and it shall not be lawful for any person or persons leasing such wharves to store ORDINANCES. 921 on such wharves any merchandise or other material, but shall keep the said wharf between the building lines of the street clear; nor shall any person leasing said wharves erect any building or structure over or on such wharves, and all leases hereafter made shall have therein plainly expressed the provi- sions of this ordinance. Sec. 2. Anv violation of the provisions of this ordinance Penalty foi- ■^ violation. shall be punished with a fine of five dollars, and shall, at the discretion of the Council, work a forfeiture of the lease. . Passed at City Hall, February 14, 1884. 922 ORDINANCES. CHAPTER XV RAILROADS. Page Minors on Moving Railroad Cars 922 Page 2. Requiring Gates at Raii- road Crossings -923 AN ORDINANCE to prevent hoys or minors getting on rail- road cars ivhile passing through this city. Whereas, It has been shown to this Council that many boys or minors are in the habit of riding on the ears, while passing through this city, to the great danger of their lives ; and Oct. 25, 1884. Whereas, the officers of the railroad [and street railway] -companies find it impossible entirely to break up the practice ; now, therefore, hibited from SECTION 1. It shall uot be lawful f or any boy or minor to movinfran^ get upon any railroad («) [or street railway] car (^) while it road cars. ^^ ^^ motion within the limits of this city ; and if any boy or minor shall, in violation of this ordinance, get upon any rail- road [or street railway] car whilst in motion, each and every boy or minor aforesaid, so offending shallj upon conviction Ordinance of thereof before the []\Iunicipal Court,] forfeit and pay a fine of " ^ ■ ' ■ [not less than one nor more than five dollars.] (a) As to the duty a railroad company owes a minor child, — a tres- passer — on its cars, — see the case of Tully's Admr. vs. P., W. & B. E. E., 3 Penn. 455. (yr. 1901) (h) As to the duty a street railway company owes a minor child — a trespasser — on its cars, see the case below cited. In this case the Coiirt said: Boyce, J.: " And if you find that the motorman of the defendant saw ' ' the child "in a dangerous position upon the front platform of the car while it was in motion, and that he was then an infant of about the age of five years, and that by an order or threat of the said motorman he was frightened to such an extent as to cause him to jump or fall from the said car while it was in motion, and that the ae- ORDINANCES. 923 cident and injury to Mm was caused thereby, the defendant would be liable. ' ' Goldstein vs. Peoples Ej., 5 Penn. 306 at 311. (yr. 1905) Passed at City Hall, April 3, 1851. AN ORDINANCE in relation to railroad companies. Section 1. It shall be the duty of the several railroad^ ^ ^ ., '' _ Duty of rail- companies operated by steam power, having trains of cars ^'oad com- passing over the railroad tracks, where the same crosses the pia-ce gates . . . .at street public streets of this city, to place gates across such of said crossings. streets at railroad crossings as the Council may, by resolution or otherwise, order and direct. Any such railroad companies failing or refusing to comply with the provisions of this ordi- nance shall, for each such offence, forfeit and pay a fine of fifty dollars, to be recovered before the [Municipal Coui't] for the use of the city. Passed at City Hall, May 12, 1881. 924 ORDINANCES. CHAPTER XVI SALES AND LEASES OF REAL ESTATE. Page Authorizing Lease of "Sand Hole Lot" to Trustees for Use of the IVIilitia 924 Authorizing Sale of Land at Twelfth and Orange Streets 926 Page Ratifying Sales of Land and Ordering Deeds to be IVIade to Purchasers 926 Authorizing Sale of Land at Ninth and DuPont Streets 927 Who are au- thorized to lease lot. Trustees to whom the same is to be leased and their suc- cessors. Location and descrip- tion of lot to be leased. AN ORDINANCE authorizing the leasing of a portion of a lot of land belonging to the City of Wilmington, known as ''Sand Hole Lot." («) (a) See Sec. 1 " a, " and Sec. 2 " a, " pp. 513-514 of this volume, where Chancellor Saulsbury, in the case of Coyle vs. Mclntire, 7 Houst. p. 44, re- fers to this ' ' sand lot ' ' by way of illustration, in showing the meaning of "public" and "private" property owned by the city. The property is "public" as far as the inhabitants of the city are concerned, but it has a ' ' i^rivate ' ' character as against the county or the State. Section 1. That the Committee on Public Buildings be, and is hereby authorized and. empowered to lease in the name of The Mayor and Council of Wilmington, to J. Parke Postles, William T. Porter, E. Tatnall Warner, Harry T. Gause and Edward G. Bradford, Jr., and their successors, as Trustees in trust, for the use of the militia of the State of Delaware, lo- cated in the City of Wilmington, for the term of ninety-nine years, at an annual rental of twenty-five dollars, payable in annual payments, the following described tract of land belong- ing to said city, to wit : Beginning at southwest corner Thir- teenth and Orange streets; thence, southerl}- by said Orange street one hundred and sixty feet to a corner; thence, west- erly parallel with Thirteenth street, eight feet to a corner; thence, northerly parallel with Orange street, one hundred and sixty feet to the southerly side of Thirteenth street ; and thence, thereby easterly, eighty feet to the westerly side of ORDINANCES. ' 925 Orange street and place of beginning. Containing within said bounds, twelve thousand eight hundred square feet of land. Sec. 2. Trustees, hereinbefore mentioned, or their sue- Trustees . authorized cessors, will be required to commence the erection of a sub- to erect ar- stantial brick building to be used for the purposes of an armory for the use of the militia aforesaid, within one year from the date of the passage of this ordinance, and complete the same within two years from the passage of this ordinance, said building to be built in a good and substantial manner, and with good architectural taste and design, so that the same, when completed, will present a neat and respectable appear- ance on Orange street and on Thirteenth street. The cost of said armory building, when it is completed, shall not be less than ten thousand dollars. Sec. 3. In the event of the failure of the Trustees afore- Failure of Trust8GS to said, or their successors, to commence the erection of said ar- erect ar- mor}^ building within one year from the passage of this ordi- nance, or their failure to complete the same within two years from the passage of this ordinance, or in case at any time after the erection of said armory, during the term of ninety-nine years aforesaid, from the passage of this ordinance, the militia aforesaid shall, for a period of two years, fail to use said ar- mory building for the purpose for which it was erected, under, and by the provisions of this ordinance, then, and in such event, the lease given to the Trustees aforesaid and their sue- Lease to be in- TIT T • 1 11 • 1 ■^'Oid. when. cessors, shall immediately become null and void, and the said lot of land, with the buildings and improvements erected there- on, shall immediately become the property of the City of Wil- mington, to be by it taken possession of, used or sold by said city, in conformity with the Act or Acts of the General As- Effect there- sembly, then governing the sale of city property by The ]\Iayor and Council of Wilmington. Sul)ject, however, to any lien or liens against said armory building not exceeding two- thirds the value thereof, in ease said building is not used for the purpose of an armorj', for the term of ninety-nine years from the passage of this ordinance; and in case the said ar- mory building shall be used for the purpose for which it is erected, for the full term of ninety-nine years from the pas- 926 ORDINANCES. sage of this ordinance, then, and in such an event, the said ar- mory building shall, at the expiration of said term of ninety- nine years, become the property of the City of Wilmington, absolutely; free from all liens which may have been placed thereon by the Trustees aforesaid, or their successors. Passed at City Hall, April 24, 1884. AN ORDINANCE autliorizing the sale of certain real estate in the City of Wilmington. Tw^ffth and SECTION 1. That all that portion of real estate belonging strlefs^t b ^^ ^^^^ ^^^"^^ °^ Wilmington, and lying and being between sold. Twelfth and Thirteenth streets and between Orange and Tat- nall streets in the said city, be exposed to public sale at such time and upon such terms as may be deemed advisable by the Committee on Public Buildings of the Council, and that The Mayor and Council of Wilmington be and the said corporation is hereby authorized to make the proper deeds to purchasers thereof. Passed at City Hall, June 25, 1885. AN ORDINANCE althorizing and directing the completion of the sale of certain real estate in the City of Wilmington, and ratifying and confirming the same. Preamble. Whereas, Pursuant to the provisions of an Act of the General Assembly of the State of Delaware, authorizing the sale of certain real estate belonging to the City of Wilming- ton, passed at Dover, April 18th, A. D. 1883, and of an ordi- nance passed by the Council of Wilmington, June 25th, A. D. 1885, and approved by the IMayor, June 27, A. D. 1885, to carry out the provisions of said Act, the said real estate there- by authorized to be sold was, on the 11th day of July, A. D. 1885, exposed to public sale and struck off by parcels to certain parties who were the highest and best bidders therefor. Now, therefore, Be it ordained, by The Council of Wilmington (two- thirds of all the members thereof for the time being herein con- curring) : ORDINANCES. 927 Section 1. That the said lots or parcels of the said real ^^°^s ordered estate be sold and conveyed in fee simple respectively to those persons or parties who at said public sale were the highest and best bidders therefor, and to whom the same were as aforesaid struck off, and the said sale is hereby ratified, approved and confirmed, and The ]\Iayor and Council of Wilmington be and ^ouncif " violation. gesses for the time being or either of them, to be collected and recovered as aforesaid. Passed May 9, 1780. 1. Changed south of Second street to 65 feet 6 inches broad, August 6th, 1866. ORDINANCES. 935 ^AX ORDINANCE regulating the width of streets in the City 2ug"f6"T894 of Wilmington. Be it ordained, by the Mayor and Council of Wilmington. Section 1. That from and after the passage of this ordi- no street nance no street hereafter to be opened shall be accepted or placed upon placed upon the plans of the City of Wilmington that is less city^thaus' than forty feet in width, and in no case shall a street be ac- 1^ \^^^ **^ cepted or placed upon the plans of said city unless it shall run '^''^t^- from one public street to another in a straight line. Sec. 2. It shall be unlawful for the Building Inspector ^^^^^^^^ or the Department of Engineering and Surveying either to l^r Building ^ o D ' . Inspector to issue or cause to be issued any permit for the erection of any permit the "^ '- _ _ erection of building or buildings, or to survey, or give lines, or authorize, buildings. or permit the erection of any building or buildings fronting on any street unless said street shall be of not less than forty feet in width, as provided in Section 1 of this ordinance, or on the city plan, and all of said streets shall be continuous and run in a straight line from one public street to another. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. AN ORDINANCE to establish the regulation of the asceiits and descents of the streets, lanes and alleys within the Borough of Wilmington, and for other purposes.^ Whereas, By an Act of the General Assembly of the State of Delaware, passed in the year seventeen hundred and ninety-nine, entitled, "An Act for the better regulation of the Borough of Wilmington," amongst other things it is provided "that it shall and may be lawful for the Burgesses and as- sistants of said Borough, and they are hereby authorized and empowered, when in their discretion they shall deem it proper 1. See Act of April 20, 1887, IS D. L. p, 352 for powers of Street and Sewer Department, on p. 224 this volume. 2. This ordinance is printed for reference, although some of its pro- visions have been changed or are obsolete. It is the ordinance referred to in Sec. 124 of the Charter. 3 D. L. 56. 936 ORDINANCES. See Act Jan. 24, 1801, 3 D. L. 160-167. Act of Jan. 23, 1806, 4 D. L. 8. and right so to do, from time to time, on 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 brielvs or stones, as the case may require, and to fix plank or curb stones to prevent the same from being injured by car- riages, agreeably to the true regulation of the streets, lanes and alleys of the said Borough ; ' ' and Whereas, No regulation of the said streets, lanes and al- leys of the said Borough hath as yet been established, shewing the ascents and descents of the said streets, lanes and alleys, and the relative situation thereof one with another, whereby the provisions in the aforesaid recited act cannot be legally performed or complied with ; and Whereas, The regulators of the streets, etc., for the time being, have exhibited a ground plan of the said Borough, not- ing the degrees of ascent and descent of the several streets, lanes and alleys, and the relative situation of each of them ; which plan and regulation being examined and maturely con- sidered by the present Burgesses and assistants, and by them approved : Regulation of streets. Plan. Section 1. Therefore, he it ordained, by the freemen, resident inhabitants of the Borough of Wilmington, in general town meeting legally called and met ; that from and after the passing of this ordinance, the aforesaid regulation of the streets, etc., beginning at a large stone in the centre of Market and Chestnut streets and from thence to the centres of the sev- eral streets, etc., where they cross each other at right angles, showing the degrees of elevation and descent of the several streets, etc., and their relative situation to each other, a plan whereof, together with explanatory notes of the particular as- cents and descents of the several streets, etc., from the said large stone in jMarket and Chestnut streets, is deposited in the archives of this borough, and a copy of the aforesaid explana- tory note is attached to this ordinance, the same shall be and is herebv declared to be the true regulation of the streets, lanes ORDINANCES. 937 and alley's of the Borough of Wihnington, and at all times hereafter shall be deemed and taken as such. Sec. 2. And he it ordained, by the authority aforesaid, Footways and pave- that the footways and pavements or the several streets, lanes ments, and alleys within the city shall be, when paved, of the follow- ing width from the true range and extreme limits of each street to the outside of the curb, that is to say : King street King street widened from the south side of Second street. Wood street and Water see ordi- street, shall have their pavements of the Avidth of six feet and Aug. i6, isee. no more ; and all those streets, lanes or alleys which are forty- ^°nth) nine feet in width shall have their pavements twelve feet wide 'ene^land'ex- and no more ; and all those streets, lanes and alleys which are ordfnan^es of a greater width than forty-nine feet shall have their pave- ilei^anl^' ments twelve feet and nine inches wide and no more, except on J^"^ "- 1^*^*^- High street from Market street to Pasture street, the pavement w^hereof shall be twelve feet wide and no more, in order to ac- commodate the Market House whenever it may be necessary to extend it ; and all footways and pavements, twelve feet wide and upwards, shall ascend from the curbstone to the true building line at the ratio of half an inch to each foot and no more. Sec. 3. And he it further ordained, that the bottom of Bottom of . _ ' ... gutters. the gutters in all the streets, lanes and alleys within this bor- „^. ,^, ^ ^ . Width of. ough, of forty-nine and a half feet wide and under, shall be ten inches below the centre of said streets, lanes and alleys; and that the bottom of the gutters in all the streets, lanes and alleys within the said borough, which exceed fortj^-nine feet and six inches in width, shall be twelve inches below the centre of said streets, etc., and no more; provided, that this rule be not considered to be rigidly observed in the several streets running easterly and westerly which are necessarily by the plan of regulation higher on one side than the other, but that the regailators for the time being be enjoined to conform to it as nearly as circumstances may admit. Sec. 4. And he it further ordained, by the authority curbs to aforesaid, that the curbs of wood or stones placed to support ways from " the edges of footways, or pavements from the gutters, and to °^^''^^^®^- 938 ORDINANCES. protect the same from carriages, etc., in the several streets lead- ing from Chestnut street to High street, shall be of the height of eight inches from the bottom of the gutters, and in the same streets, from High street to Water street, the curbs shall be of cm-Ws!* ^^ ^^6 height of ten inches from the bottom of the gutters and no more ; and all the streets running at right angles and crossing the aforesaid streets leading from Chestnut to Water street, shall have their curbs elevated six inches above the bottom of the gutter and no more. Size of Sec. 5. No stoop, porch («) or steps (^) to ascend into porches any building now erected, or hereafter to be erected, adjoining stGps cirici cellar doors, any of the streets, lanes or alleys of this borough, nor any doors or other inlets into cellars now erected, or hereafter to be erected, shall extend further from the front or line of build- ing and erecting houses than three feet and three inches on Water street. Wood street and King street, to the south side of Second street ; and in all other streets, lanes and alleys with- in this borough, the said steps, porches, cellar doors (^) or other inlets to the respective buildings thereon erected, or here- after to be erected, shall not extend on the pavements from the true line for building further than four feet. (a) The resolution of the Street and Sewer Department, passed Feb- ruary 28th, 1893, did not repeal this section, because the resolution at- tempting the rejjeal was not passed in conformity with Section 30 of the Charter. Mayor and Council of Wil. vs. McNabb (1906), Munic. Ct. Decision final. (b) A property owner is not liable to one who may be injured by running into, or falling over, door-steps within the limitations of the Ordi- nance. Lore, C. J.: " The pavement or footways from building line to curb are usually appropriated to foot passengers. The whole width of that footway is for their use, subject only to such limitations- as the city government and State law may j^rescribe. Such as the right of owners or occupiers of abutting properties to place thereon * * door- steps running out a certain distance into the pavement, for the purpose of ascent or descent into the dwellings or buildings thereon, ' ' &c. ' ' Some of these, like doorsteps * * are permanent and so obvious, that any danger therefrom is manifest, and every one is bound to take notice of them at his peril. ' ' Louth vs. Thompson, 1 Penn. 149 at 156. (yr. 1897) The same law ajuilies to stepping stones, hitching posts and awning posts. (c) Lore, C. J.: One has "a right to open his cellar doors and to keep them open, so as to meet the reasonable con- ORDINANCES. 939 venienee and necessities of his business, but he" has "no right to leave them open and exposed while they were not so in use, -without proper pro- tection and warning to persons traveling on the sidewalk. (157) * * The mere fact that the accident happened, or that the cellar door was open, are not in themselves, evidence of negligence, but it would be negligence if it was left ojaen and unprotected to the danger of the lawful foot traveler. ' ' Louth vs. Thompson, 1 Penn. 149 at 158. (yr. 1897) Passed May 10, 1800. AX ORDIXAXCE to estahlish and confirm a plan of divers new streets in the Borough of ^Yilmi)lgton, now laid out and planned hy the regulators of this borough, under the direction of a committee appointed hy the Burgesses and assistants of the corporation, together with an extension of sundry old streets in the said borough. ##*#*#*#** See Act of General As- ... . . sembly, 1772. Whereas, A considerable portion of the lands witlim the preamble, limits of this borough have hitherto had no streets laid out or extended through them, and it being considered of import- ance to the owners of such lands (especially those who may now or soon incline to build and improve their said lands) that they should know where and in what manner all and any street will in future be likely to pass through or intersect each other in their respective lands, for the purpose whereof the present regulators of the streets, etc., in this borough, have by the direction of the Burgesses and other officers of the cor- poration, made a plan of the said borough, exhibiting all the public streets that are actually opened and occupied as such in the said borough, and as well divers new streets by them now laid out, together also with the extension of a number of the old streets, and have exhibited the said plan for the con- sideration of the citizens, of this borough, and which has been by them approved; Therefore be it ordained, \)\ the freemen, resident inhabi- tants of the Borough of Wilmington, in general town's meet- ^®^ ^*^®®*^' ing legally called and assembled, that from and after the pass- 940 ORDINANCES. Plan. ing of this ordinance, the aforesaid new streets, together with the extensions of the former streets, so laid out as aforesaid, and now exhibited as above mentioned (a plan whereof, with the explanatory notes, is deposited in the archives of this bor- ough, and a copy of the said explanatory notes is attached to this ordinance), shall be and is hereby declared to be the true plan of the aforesaid new streets, and of the extensions of the former streets in the said Borough of Wilmington, so far as they are laid out, or extended and exhibited on the aforesaid plan, and shall at all times hereafter be deemed and taken as such. Passed at Town Hall, 1st mo. 21st, 1805. Note 1. — The following is a list of the streets referred to in the above ordinance and designated on the plan mentioned therein, with the distances of the streets from each other and from the ancient streets. Jefferson street. Jefferson street, at 50 feet in breadth, laid parallel to and at the distance of 300 feet from Pasture street at 49 feet wide. Madison street. Madison street, at 50 feet in breadth, kid parallel to and at the distance of 300 feet from Jefferson street. Dickinson street. Dickinson street, at 50 feet wide, laid parallel to and at the distance of 300 feet, 3 inches from Elizabeth street. Franklin street. Franklin street, at 50 feet wide, parallel to and at the distance of 299 feet, 9 inches from Dickinson street, from Washington street which runs parallel thereto, and is 50 feet in breadth. Poplar street. Poplar street, 50 feet in breadth, extending from Chris- tiana to Brandywine, laid parallel to, at the distance of 342 feet from Walnut street at 65 feet, 6 inches wide. Lombard street. Lombard street, at 50 feet wide, laid parallel to and at the distance of 300 feet from Poplar street. ORDINANCES. 941 Pine street, at 50 feet wide, laid parallel to and at the ^^"^ street. distance of 300 feet from Lombard street. Spruce street, at 50 feet wide, laid parallel to and at the spruce street. distance of 335 feet 10 inches from Pine street. Church street, at 50 feet wide, laid parallel to and at the church distance of 335 feet 10 inches and a half from Spruce street. Dock street, at fifty feet wide, laid parallel to and at the j^^^j^ street. distance of 278 feet from Front street, at 60 feet wide, and ex- i3^'L.i45.r tending from Orange street to Newport road. Wood street, extended in breadth from 33 f§et wide to 19 wood street. feet in breadth. Front, Second, Third, High, Queen, Hanover, Broad, Streets. Kent, Wood, Chestnut, Elizabeth, Washington, Stidham, and Mill streets extended to the northwest line of the borough. The same, as well as the new streets running parallel thereto, all extended to the southeastward to Christiana, to Church street and to Brandj'wine creek. Note 2. — Up to December 31st, 1835, the streets crossing Names of ■^ ' ' cross streets. the city from east to west, north of Third street, were named in the order herein stated, to wit: High, Queen, Hanover, Broad, Kent, Wood, Chestnut, Elizabeth, Dickinson, Franklin, Washington, Stidham and jNIill street. At that date by ordi- ^jf^||^j j^^^ nance the names of the streets aforesaid, except Mill street, 3i, i835. were changed as follows, to wit : High was changed to Fourth, Queen to Fifth, Hanover to Sixth, Broad to Seventh, Kent to Eighth, Wood to Ninth, Chestnut to Tenth, Elizabeth to Elev- enth, Dickinson to Twelfth, Franklin to Thirteenth, Washing- ton to Fourteenth, Stidham to Fifteenth; and by ordinance of j^j^ oq isco. July 26th, 1860, Mill street was changed to Sixteenth street; and by ordinance of July 21th, 1862, Franklin street, between July 24. is62. Front and Second streets, and between Jefferson and Madison streets, was changed to Christiana street. 942 ORDINANCES. AN ORDINANCE for fixing and estahlishing the ascent and descents of Market street from Chestnut street to Wash- ington street, and for fixing and estaMishing the distance from the centre of Chestnut to the centre of Elizabeth. Section i. ******** And he it further ordained, That from and after the pas- sage of this ordinance the overplus or gain in distance of four feet six inches, discovered upon exact measurement of the square from the centre of Chestnut street to the centre of Elizabeth street in IMarket street, be and the same is hereby at- tached to the former measurement of said square, and that the from Tenth distance from the centre of Chestnut street to the centre of str66t to "^ Eleventh Elizabeth street is and hereafter shall be three hundred and twenty-nine feet eleven inches, any ordinance heretofore passed to the contrary notwithstanding. Passed at Town Hall, I\Iarch 2. 1812. street. ■ AN ORDINANCE to change the names of certain streets with- in the city.^ Section 1. Be it ordained, by the City Council of Wil- mington, that the street now known by the name of High street shall from and after the passage of this ordinance be styled and called Fourth street. That now called Queen street shall be called Fifth street. That called Hanover shall be called Sixth. That called Broad shall be called Seventh. That called Kent shall be called Eighth. That called Wood shall be called Ninth. That called Chestnut shall be called Tenth. That called Elizabeth shall be called Eleventh. That called Dickinson shall be called Twelfth. That called Franklin shall be called Thirteenth. ORDINANCES. 943 That called Washington shall be called Fourteenth. That called Stidham shall be called Fifteenth. Sec. 2. A)id he it further ordained, by the authority aforesaid, that wooden labels with the names of the streets names of painted on them so as plainly to be distinguishable shall be put ^*^^'^®*^- up on at least two of the corners that are now or shall here- after be improved diagonally at everj^ intersection of the said streets with Market street, the one on the east side of Market street to have the word East prefixed to the name of the cross- ing street, and that on the west side to have the word West prefixed to the name of the crossing street in like manner. Sec. 3. Be it ordained, by the authority aforesaid, that penalty for removi labels. any person or persons who shall take down, remove, deface or j'emovin in any manner destroy the said labels or boards shall for every such ofi'ence forfeit and pay a fine of ten dollars. Passed at City Hall, December 31, 1835. AN ORDINANCE to change the name of Pasture street to Washington street. Section 1. Be it ordained, by the City Council of Wil- mington, that the street now known by the name of Pasture street shall from and after the passage of this ordinance be styled and called Washington street. Passed at City Hall, I\Iarch 12, 1846. AN ORDINANCE to change the name of the Kcnnett road within the limits of the city. Be it ordained, by the City Council of Wilmington, that 12 d. l. 624. such portion of the Kennett road as extends from Tatnall street northerly to the city line, shall hereafter be styled and called Delaware avenue. Passed at City Hall, April 22, 1847. 944 ORDINANCES. Regulations for excava- tion for gas or water pipes. Regulations respecting pavements taken up. Violations. Penalty. Street Com- missioner to report violations. AN ORDINANCE defining the duties of the Superintendent of the Water Works, and of the Gas Company, or the Su- perintendents or Agents of the latter. Section 1. From and after the passage of this ordinance, it shall be the duty of the superintendent of the water works, or the superintendents or agents of the gas company^ in mak- ing any excavation in the streets, lanes or alleys of the city, for the purpose of laying down water or gas pipes, to replace the earth by ramming, («) or by introducing water, or by both, so as to make it as solid and firm and as secure to travel over as the adjacent part of said street, lane or alley. (a) The city should see that the street beds are proj^erly rammed, or it will be liable in damages to one injured by default thereof. See the cases of Kent vs. Mayor and Council Wil., 7 Houst., p. 397 at 398. (yr. 1886) and Schelich vs. Mayor and Council Wil., 1 Boyce, p. 57. (yr. 1909) Sec. 2. When any excavation is made for the purpose mentioned in the first section of this ordinance in any street, lane or alley which may be paved, or across any paved foot- way within the limits of the eitj', it shall be the duty of the superintendent of the water works or the superintendents or agents of the gas company, as the case may be, to cause the earth to be replaced as soon as the work is completed, as re- quired in the first section of this ordinance, and to replace the pavement, whether it be in a street, lane or alley, or crossing a footway, in the same situation it was in before taking up. Sec. 3. For every violation of the provisions of this ordi- nance the superintendent of the water w^orks, or the superin- tendent or agents of the gas company, as the case may be, shall forfeit and pay a fine of not less than ten dollars, to be recov- ered in the Municipal Court, by action of debt, or othenvise. Sec. 4. It shall be and is hereby made the duty of the Street Commissioner hereafter to report forthwith to the Maj'or of the city any violation of the provisions of this ordi- nance. Passed at City Hall, January 13, 1848. ' ORDINxVNCES. 945 AN ORDINANCE relating to a part of West Eleventh street. See Act va- Be it ordained by the City Council of Wilmington, that eating a part ' „ • -, /-H- „ of Eleventh Eleventh street as laid down on the plan of the said City o± street Feb. • J 1 • J.1 ^» 1851. Wilmington, between Madison street and the city line on the voi. lo, 5io. west, be and the same is hereby vacated ; and that so much of the ordinance, "to establish and confirm a plan of divers new streets, and to regulate the ascent and descents of the same, ' ' passed October, 1847, as relates thereto be and the same is hereby repealed. Passed at City Hall, December 28, 1848. AN ORDINANCE relating to a part of Monroe street. Whereas, Edward W. Gilpin, by his memorial, has pre- Preamble, sented to Council his intention to improve his property on Delaware avenue, between Madison street and the Kings road ; now, therefore, to make him so to do. Section 1. Be it ordained, by the City Council of Wil- ^^^^^f ^p^^^. mington, that Monroe street, as laid down on the plan of the ^^^^'^^^^^ said City of Wilmington, between Tenth street and Delaware avenue, be and the same is hereby vacated ; and that so much of an ordinance entitled, "An ordinance to establish and con- firm a plan of divers new streets in the City of Wilmington, now laid out and planned by the regulators of said city, to- gether with the extension of sundry old streets in said city; also to regulate the ascents and descents of the streets therein mentioned," passed September 2, 1847, as relates thereto, be and the same is hereby repealed, made null and void. Passed at City Hall, February 6, 1851. AN ORDINANCE relating to part of Orange street. Section 1. Be it ordained, by the City Council of Wil- fo ^ms^ voL mington, that Orange street, as laid down on the plan of the ^^' ^^^• said city, between Fourteenth street and the Brandywine ^t^r^ef,%art creek, be and the same is hereby vacated, any law or ordinance °^' vacated. 946 Vacated Feb. 3, 1853. 11 D. L. 26. Madison street, part of, vacated. ORDINANCES. to the contrary notwithstanding. Provided, nevertheless, that the said city hereby expressly reserves to itself the right to have and maintain for all time to come a sufficient sewer, trunk or gutter in the line or direction of said Orange street through the lands of Alfred Lee, D. D., to cany off the water from said Orange and Fourteenth streets to the Brandywine creek aforesaid. Passed at City Hall, July 8, 1852. Vacated Jan. 12, 1855. 11 D. L. 144. AN ORDINANCE vacating part of Madison street. Section 1. Be it ordained, by the City Council of Wil- mington, that Madison street, as laid down on the plan of the said city, from Twelfth street to the line of the grounds of the Wihnington and Brandywine Cemetery Company, be and the same is hereby vacated, any law or ordinance to the contrary notwithstanding. Passed at City Hall, October 28, 1852. AN ORDINANCE relating to a part of West Tenth street. Section 1. Be it ordained, by the City Council of Wil- mington, that Tenth street, as laid down on the plan of the City of Wilmington, between Tatnall and West streets, be and the same is hereby vacated, and that so much of the ordinance, "to establish and confirm a plan of divers new streets, etc., to regulate the ascents and descents of the same," passed Octo- ber, 1847, as relates thereto, be and the same is hereby re- pealed, made null and void. Passed at City Hall. June 23, 1853. AN ORDINANCE vacating Washington street between Front street and the Philadelphia, Wilmington and Baltimore Railroad. Section 1. Be it ordained, by the City Council of Wil- mington, that Washington street as laid down on the plan of the city, between Front street and the Philadelphia, Wilming- ORDINANCES, 947 ton and Baltimore Railroad, be and the same is hereby vacated, any ordinance to the contrary notwithstanding; provided, nevertheless, that the right and power is reserved to the said Proviso, citj^ of constructing and maintaining through and across said portion of Washington street hereby vacated, and in the direc- tion of said street, a sewer, trunk or gutter sufficient to carry off the water of the said Washing-ton street, or the water that may accumulate at the intersection of Washington street with Front street. Passed at City Hall, October 30, 1854. AN ORDINANCE to alter the name of Mill street in this city. Section 1. Be it ordained, by the City Council of Wil- mington, that the street now known by the name of "Mill street" shall from and after the passage of this ordinance be styled and called Sixteenth street, and that the labels now marking said street shall be changed accordingly. Passed at City Hall, July 26, 1860. AN ORDINANCE to establish and confirm a plan of divers new streets in the City of Wilmington, including Broome street, and streets west of Broome street, and other new streets south of Dock street, and also to change the name of Franklin street. Section 1. ******** Sec 2 ********* Sec. 3. And that a small street between Front and Sec- Christiana ond streets, and running from Jefferson street to Madison street street, now known as Franklin street, shall hereafter be styled Christiana street. Passed at City Hall, July 24, 1862. 948 ORDINANCES. AN ORDINANCE to widen Ninth street, hetiveen Market and Shipley streets. Section 1. Be it ordained, by the City Council of AVil- mington, that Ninth street, between Market and Shipley streets, be widened to the same width as said Ninth street is east of Market street. Passed at City Hall, June 7, 1866. AN ORDINANCE for widening of King street, between Sec- ond street and the Christiana river. Section 1. That hereafter King street, from Second street to the Christiana river, shall be the same width, and the building lines of the same shall be in a straight line with King street above Second street. Passed at City Hall, August 16, 1866. Interfering AN ORDINANCE to protect the street pavers from annoy- ance hy removing protection poles tvhen placed across any street while there are public improvements going on. Section 1. A fine of five dollars shall be imposed on any ^on poies^°" Psi'son or persons who may interfere with or displace any pro- tection poles placed at the end of streets, or any other place, that persons performing public work for the City of Wilming- ton may erect while such public work is being done. Passed at City Hall, June 4, 1869. AN ORDINANCE relating to a part of Fifth street. ■D <. *T^«i, Section 1. Be it ordained, by the Council of Wilming- Part of Fifth > J => street va- ton, that Fifth street as laid down on the plan of the city, be- tween the Philadelphia, Wilmington and Baltimore Railroad and low water mark on the Christiana river, be and the same is hereby vacated, any law or ordinance to the contrary not- withstanding; provided, nevertheless, that the city hereby ex- serves^cer- pi'.essly rcscrve to itself the right to have, open, lay, construct, tain rights, maintain, cleanse and repair a sufficient sewer, drain, trunk ORDINANCES. 949 or gutter in the line or direction of said Fifth street through the lands of owners of said part of Fifth street hereby vacated. Sec. 2. And he it further ordained, That the General As- See 14 d. l. sembly of Delaware be and the same is hereby respectiully re- quested to pass at its present session an Act confirming and establishing the first section of this ordinance. Passed at City Hall, March 7, 1873. AN ORDINANCE vacating parts of Walnut, Spruce and Sec- ond streets. Section 1. That Walnut street, between Front street and ^ainutf Water street. Spruce street, between Robinson street and |^Ji®uce Front street, and Second street, between Pine street and lecondstreet Church street, as the same are laid down on the plan of said 'vacated, city,' be and the same are hereby vacated, any law or ordinance to the contrary notwithstanding, to and for the following in- tent, use and purposes, to wit: the occupation and erection thereon by the Philadelphia, Wilmington and Baltimore Rail- bI^r^r.^o.*^ road Company of a suitable building or buildings for a depot, pot thereon, round-house and other purposes incident to and necessary for the accommodation of said Philadelphia, Wilmington and Bal- timore Railroad Company in this city. Passed at City Hall, February 15, 1877. AN ORDINANCE providing for the placing of danger signals j^^^^^j. gjg. and safeguards upon the streets of this city. sTr^ts Section 1. That from and after the passage of this ordi- vations are nance all contractors and builders who shall have received per- in. mission to make excavations on any portion of the public stTe°et^and' streets, shall place at each end * * * * excavation a red ^1^^"^^^' lantern^ plainly exposed as a danger signal, [said red lantern ^^op^tge<:iJuiy to be lighted and kept burning] from sunset to sunrise, and inf'"^- Red lantern at nig-ht. 1. See Resolution of Street and Sewer Department passed Feb. 1, 1898, p. 1002 of this volume. See also Sec. 34 of Resolution of March 26, 1901, p. 1052 of this volume. 950 ORDINANCES. Ordinance Nov. 2, 1882. Duty of the Street Com- missioner to enforce this ordi- nance. Penalty for violation. shall further surround and enclose such * * * * exca- vations with proper safeguards so that the same shall be secure from accident. («) [And it shall be the duty of the Street Commissioner, upon information, being given him by any re- liable person, that any such builder or contractor has neg- lected or refused to place such danger signals and safeguards where the ordinance requires the same to be placed by such builder or contractor, to without delay notify such builder or contractor to immediately comply with the full requirements of this ordinance ; and in the event of a further failure or neg- lect of any such builder or contractor to comply with the pro- visions of this ordinance, after having received due notice from the Street Commissioner as aforesaid, it shall be the duty of the Street Commissioner to lodge information of such viola- tion against the party who has violated the provisions of this ordinance without delay to the Municipal Court of the city, whose duty it shall be to bring the party so complained of for the violation of the provisions of this ordinance, and upon con- viction, the party so offending shall forfeit and pay a fine of ten dollars.] (*) (a) See the reference made to this ordinance by the attorney in the case of Kent vs. Mayor and Council Wil., 7 Houst. 397 at 398. (yr. 1886) (6) The city, however, should endeavor to see that contractors com- ply with the ordinance, and take bonds of indemnity from them to pro- tect the city in case of damage suits; for, in case of injuries received through the negligence of the contractor the city would be liable, though it could look to the contractor afterwards. (See p. 979 of this volume.) Sec. 2. All ordinances and parts of ordinances inconsist- ent herewith are hereby repealed. Passed at City Hall, March 24, 1882. Laid out 50 feet wide from Adams to Jackson street. AN ORDINANCE to locate and estailish Haslet street. Section 1. That Haslet street shall be fifty feet (50 ft.) wide, and extend from Adams to Jackson street ; that the cen- ter line of [Haslet] street shall be two hundred and fifty- seven feet two and seven-eighths inches (257 ft. 2|- in.) from the centre line of Delaware avenue, measured on the centre ORDINANCES. 951 line of Adams street; and two hundred and eighty-six feet seven inches and twenty-nine thirty-seconds of an inch (286 ft. 7 29-32 in.) measured on the centre line of Jackson street, from the said centre line of Delaware avenue. Sec. 2. That all ordinances and parts of ordinances in- consistent herewith are hereby repealed. Passed at Citv Hall, October 5, 1882. AN ORDINANCE to change the manner of spelling the name of JSazlet street. Section 1. That the manner of spelling Hazlet street be changed by striking out the letter "z" in the word Hazlet, and in lieu of the letter so stricken out, the letter "s" be and the same is hereby inserted. Passed at City Hall, April 12, 1883. AN ORDINANCE for the protection of centre stones. Section 1. That no private partv or parties in making Excavations ^ ^ " ^ . not to ap- excavations for any purpose whatever in any street of this preach cen- •^ ^ ^ -^ tre stones. city, shall come nearer than one foot and six inches (1 ft. 6 in.) to the nearest part of any centre stone. Sec. 2. That any party or parties violating the provisions of this ordinance shall be liable in the sum of fifty dollars, to Penalty, be recovered in the same manner as penalties of like amount are now or hereafter may be by law recoverable, said fine to be paid into the city treasury. Passed at City Hall, November 26, 1886. 952 ORDINANCES. CHAPTER XIX. MISCELLANEOUS. Page I 1. Regufating Carriage Stand 21. for the P., B. & W. Sta- } tion 953 j 22. 2. Regulating Sales of Ice.. 953 3. Regulating Sales of Corn IVleal 953 23. 4. Regulating the Height of Certain Signs 954 5. Regulating Auctions and 24. Auctioneers 954 6. Regulating the Time and IVIanner of Payment of 25. City Bills 957 7. Regulating the Printing of 26. Private Ordinances 958 8. Regulating Licenses to j 27. Shows 959 I 9. Providing Licenses for Places Exhibiting Moving 28. Pictures 960 [ 10. Regulating the Storing | and Sale of Gunpowder.. 962 29. 11. Prohibiting the Making, Selling, Firing Off, &c., of Certain Fireworks 964 30. 12. Regulating the Keeping and Storing of Petroleum | and Other Oils 966 ; 31. 13. Prohibiting the Boiling of j Tar, &c 966 j 14. Prohibiting Damage to | 32. Public Lamps 967 j 15. Protection of Public 33. Lamps 968 16. Prohibiting Damage to Shrubbery, &c 968 17. Protecting Trees 969 34. 18. Prohibiting Lottery Poll- , icy Offices 970 19. Protection of Public- Drinking Fountains 970 35. 20. For the Prevention of Cruelty to Animals 971 j Page Providing for the Muz- zling of Dogs 972 Registration of Dogs and Appointment of Dog Catcher 975 Authorizing the Killing and Removal of Unregis- tered Dogs 977 Providing Contracts for City Work in Excess of $50 978 Providing for Security of Contractors 979 Preventing the Pollution of Brandywine Creek 980 Providing for the Pur- chase of Land for Brandy- wine Park 981 Providing for the Pur- chase of Land for Brandy- wine Park 982 Providing for the Pur- chase of Land for Kirk- wood Park 983 Requesting the Mayor to Execute a Contract with the Wilmington Institute 984 Providing for an Addi- tional Appropriation for Wilmington Library 985 Right of Way of Am- bulances 986 Directing the Method of Making Certain Deposits by Assessors and Collec- tors 986 Requiring the City Treas- urer to Publish State- ments of the Receipts and Expenditures of the City. 987 General Appropriation Or- dinance for Fiscal Year of 1909-10 989 ORDINANCES. 953 AN ORDINANCE fixing the stand for carriages and horses attending at the PhUadelpliia, Wilmington and Baltimore Railroad. ^ifH^lf°at carnages at P., W. & B. Section 1. The stand for carriages and horses attending r.'r. depot, at the Philadelphia, Wilmington and Baltimore Eailroad ^f'^ayT?!''* within this city, shall be * * * on * * [west * * is87. *' ' '- Resolution of French street from railroad to the southerly side of Front street and "" Sewer De- Street.l partment, -* April 20, 1897. Sec. 2. If the owner or owners of any carriage or car- riages, horse or horses, shall permit any such carriage or horse attending said road to stand in any other place than is men- tioned in the first section of this ordinance, he, she or they so occupying'' offending, shall be deemed guilty of a common nuisance, and standi ^^ shall forfeit and pay for the first offence the sum of one dollar, and for every subsequent offence the sum of two dollars, to be recovered before the [Municipal Court.] Passed at City Hall, October 3, 1839. AN ORDINANCE regulating the sale of ice by weight. Section 1. From and after the passage of this ordinance g^^jg ^j j^.^ ice shall be retailed within this city bj^ weight, and not less than ^^' weight. at the rate of seventy-two pounds per bushel ; and any person or persons selling or retailing ice by the bushel or bushels at a weight less than seventy-two pounds for each and every bushel, or if the quantity sold be less than a bushel, if such quantity be not in the proportion of seventy-two pounds per bushel, 72 ibs. to each and every person so offending, upon conviction thereof '^"^'^^i- before the [Municipal Court] shall forfeit and pay a fine of , one dollar. Passed at City Hall, June 18, 18-46. AN ORDINANCE regulating the sale of corn meal by weight. Section 1. From and after the passage of this ordinance saie of corn corn meal shall be sold or retailed within this city by weight, weight" and not less than at the rate of forty-eight pounds to the bushel and any person or persons selling or retailing corn meal 954 ORDINANCES. 48 lbs. to bushel. by the bushel or bushels, at a weight less than forty-eight pounds for each and every' bushel, if such quantity be not in the proportion of forty-eight pounds per bushel, each and every person so offending, upon conviction before the [Muni- cipal Court] shall forfeit and pay a fine of five dollars. Passed at City Hall, August 26, 1847. Height of wires. Penalty. AN ORDINANCE in relation to telegraph, telephone and elec- tric light wires. Section 1. That from and after February 1st, 1886, it shall not be lawful to extend any telegraph, telephone or elec- tric light wire over any public sidewalk or footway at a lesser height than nioe feet from the surface thereof, nor over the bed of any street, lane or public alley at a lesser height than twenty feet from the surface thereof, and all telegraph, tele- phone or electric light wires now extended over any public sidewalk, footway, street, lane or public alley at a lesser dis- tance than is provided by this ordinance, shall upon notifica- tion by the Street Commissioner, immediately cause such wires to conform to the provisions hereof. Any person refusing or neglecting to comply with an,y of the provisions of this ordi- nance, shall upon conviction thereof pay a fine of one hundred dollars ($100). Passed at City Hall, December 31, 1885. AN ORDINANCE to regulate auctions and auctioneers. Clerk of SECTION 1. That any person or persons may apply to the issue license. Clerk of the Council for a license authorizing him to sell at public sale anywhere within the corporate limits of the city, every species of property, and upon the payment by him of the sum of one hundred dollars, ($100) («) to the City Audi- tir for the use of the city, it shall be the duty of said Clerk and the President of the Council to issue to the person so applying a proper license therefor, under the hand of the said President and attested by the said Clerk, to continue in force for one year from the date thereof, which said license may be annually Amount of. Term of license. ORDINANCES. 955 renewed in like manner npon the pavment of the sum afore- shaii be re- ^ ^ • newea an- said. ^^^aiiy. (a) NielioTson, Ch.: " — license taxes (not dependent upon the ex- tent of the individual's business,) and gen- erally, specific taxes on things or persons or occupations ' ' can be im- posed without notice to the individual. English vs. Wilmington, 2 Marv. 63 at 90, 91 and 92. (jr. 1894) The Council shall have power for cause deemed sufficient councii°to by eight members thereof, to revoke any license so granted, '"^voke. and the cause alleged shall be entered upon the minutes of the Council, and notice thereof, given to the auctioneer, if within the city. Every license so granted shall authorize the person Assistant. therein named to sell property at public auction, and also one other person who the auctioneer may select as his assistant. Sec. 2. That a license so granted shall not authorize an to have but one auction auctioneer to have more than one auction house at the same house. time, and no auctioneer shall allow the use of his name by any other person than by his assistant in order that such person may conduct the business of an auctioneer, without obtaining a proper license as hereinbefore provided, in either case under a penalty of fifty dollars for each and every offence, to be re- covered in the ^Municipal Court. Sec. 3. That any person who shall gather or collect goods, chattels, wares or merchandise in a store, wareroom, booth or bazaar, or other place of deposit whatsoever, either in his own what con- right or on consignment from any other person, and shall sell auction the same from time to time at public auction, shall be consid- keeper. ered as keeping an auction house, and be required to have an auctioneer's license; but any person regularly engaged in any business, upon quitting or retiring from said business, shall have the right to employ an auctioneer licensed as hereinbe- fore provided, to sell his stock of goods, wares and merchan- dise at public auction; provided, that no goods, wares or mer- chandise be added to said stock after the commencement of said sales. Sec. 4. That no auctioneer shall charge on sales outside of his auction room more than seven per cent, on household seiung^ goods. 956 ORDINANCES, Proviso. goods sold, or more than ten per cent, on notions, trimmings or other light goods sold in numerous small quantities ; provided, that said commission amounts to the sum of five dollars for a sale, and if any sale the commissions as aforesaid shall not amount to the sum of five dollars, he shall be allowed to charge the sum of five dollars for such sale. What con- stitutes a sale. A sale during a morning, afternoon and evening shall each constitute a sale for which the auctioneer shall be entitled to charge as above stated. Charges for sales of houses, lands, etc. Sales at auction room. Charges for. For houses, lands, tenements and vessels he shall be en- titled to charge as follows : On sales amounting to $500 and under, the sum of five dollars ; on an excess of $500 and under $1,000 one per cent, up to $1,000; on the second $1,000, one- half of one per cent. ; on the third $1,000, one-fourth of one per cent. ; and on every additional $1,000, one-tenth of one per cent. On property offered for sale and not sold, the auc- tioneer shall be entitled to charge one-half of the above com- missions, but not to exceed- the sum of ten dollars in such ease. On all sales at his auction room the auctioneer may charge ten per cent, commission. The foregoing schedule will govern auctioneer's charges in all cases where there has been no special bargain between- the auctioneer and the owner of the property to be sold prior to the sale, and the above commissions shall be clear of the usual expenses of such sales. Penalty for selling with- out license. Proviso. Sec. 5. That if any person not being a licensed auctioneer of this city shall sell or offer to sell by way of auction or ven- due within this city, any goods, chattels, wares or merchandise, vessels, lands or tenements, every such person upon conviction thereof before the Municipal Court, shall forfeit and pay a fine of one hundred dollars ($100), and additionally at the rate of one per cent, of the amount of such sale ; provided, that this ordinance shall not extend to executors or administrators selling property, real or personal, of their testators or intes- tate§, nor to officers of this State, or county, or citj', or of the United States, selling property, real or personal, by virtue of ORDINANCES. 957 legal process, or in execution of their officers, nor to any sale made for taxes, or for rent, or under any order of the Court, or by virtue of a power given by an Act of the General Assem- bly, or an ordinance of this city. Sec. 6. If any auctioneer for any services or business bj^ Penalty for , . , . 1 11 • 1 • • overcharge mm as auctioneer shall receive or charge any commission or for com- fee not allowed by this ordinance, he shall, upon conviction thereof, before the Municipal Court, forfeit and pay a fine Fine, equal in amount to four times the sum thus received or charged, and eveiy auctioneer shall keep a copy of this ordi- copy of or- , , . . - . T . . „ dinances in nance posted m some conspicuous place m his auction room tor auction the information of the public, and in default thereof, upon conviction thereof, before the Municipal Court, shall forfeit Penalty. the sum of twenty dollars. Sec. 7. If any auctioneer of this city shall refuse or neg- ^J^e for leet for the space of ten days after the sum shall have been due J^uctufne^er?" to the person justly entitled to receive the same, the proceeds gf ga°e^^*^^ of sale made by such auctioneer, upon conviction thereof be- fore the Municipal Court, shall pay a fine of twenty dollars. Penalty. Sec. 8. All auctioneers' licenses (") now in force shall continue in force until the expiration of the terms for which they shall have been issued. (a) It a license be paid voluntarily, and the ordinance, afterwards, be declared to be unconstitutional, it cannot be recovered back. Wilmington vs. Wicks, 2 Marv. 297. (yr. 1896) Sec. 9. That an ordinance entitled "An ordinance con- other ordi- cerning auctioneers," passed November 13th, A. D. 1856, with p^^ied! '^^' the amendments thereto, and all ordinances, inconsistent with this ordinance, are hereby repealed. Passed at the City Hall, June 24, 1897. AN ORDINANCE to regulate the time and manner of pay- ment of hills against the city. Amendment, [Section 1. All bills against the city must be presented ordinance of 958 ORDINANCES. Reading of bills. Report to Council. Order for work and labor. to the City Council and then read on the first Thursday in each month, and shall then be referred to the committee con- tracting the same, or to some appropriate committee, who shall examine the same in conjunction with the City Auditor, and if found correct shall report the same to the City Council on the third Thursday, when, if Council so direct, orders shall be drawn in favor of the parties presenting the same, and said order shall be payable on the Tuesday next following. Pro- vided, that the orders due for material or labor furnished to the City of Wilmington pursuant to contract made with The Mayor and Council of Wilmington, under the direction of City Council, may be granted on account of said contracts at any meeting of the City Council, if the claim therefor be marked correct by the City Auditor and be duly approved by a ma- jority of the proper committee of the Council.] Oct. 24, 1878. When bills may be passed with unanimous consent. [Sec. 2. The City Council may by unanimous consent direct that all bills so reported correct by the committee and City Auditor shall be read in their order, and the Council may, upon a single motion by a member, direct the drawing of orders in favor of the persons presenting said bills. All bills which shall be objected to during the reading shall be acted upon separately.] Payment for printing of private ordinances. Sec. 3. All ordinances or parts of ordinances inconsist- ent with this ordinance be and the same are hereby repealed. Passed at City Hall, January 22, 1874. AN ORDINANCE relati)tg to the printing of ordinances of a private character. Section 1. That every person, firm or corporation who shall cause to be introduced into the Council any ordinance conferring upon such person, firm or corporation any benefits or privileges, shall, when the said ordinance has gone to a sec- ond reading, cause the same to be printed for the information of each member of the Council and shall further upon the pas- sage of such ordinance, and its approval by the j\Iayor, pay the cost of the public advertisement of the same. Passed at City Hall, iMarch 17, 1887. ORDINANCES. 959 AN ORDINANCE to regulate shows, exhibitions and public representations. Section 1. No person shall, within the limits of the eit}', fil^JIre^^'^^ for money or other reward, give or be concerned in giving any ^'°®"^®- show, exhibition or public representation, except it be of a purely literary or scientific character, without a license there- for obtained as hereinafter provided. Sec. 2. The Mayor shall, on application, grant licenses. License fees. as follows: («) (rt) If money be paid for a license, voluntarily, and the law after- Vards be declared unconstitutional, the money cannot be recovered back. Wilmington vs. Wicks, 2 Marv. 297. (yr. 1896) For a theatre, twentj^-five dollars per year. For a concert saloon or opera house, twenty-five dollars a year. For a circus, a sum not exceeding fifty dollars for each ex- hibition. For a menagerie or zoological exhibition, ten dollars. For each exhibition of images, pageantry, necromancy, sleight-of-hand, and for each negro concert, two dollars and fifty cents. For other representations not specified, a sum not exceed- ing five dollars for each performance. No license shall confer the privilege of exhibiting in more than one place. A change of location may be made during a licensed term, changing and all the privileges of the license shall apply to the new exhibition. place ; provided, that such change be approved in writing by the Mayor. Sec. 3. Every person who shall give, or be concerned in unlicensed giving, any show, exhibition or public representation, without ^^°^'^- 960 ORDINANCES. Owner of premises liable for fine. Term of license. Fee for is- suing li- cense. a license obtained therefor, as required by this ordinance, shall forfeit and pay the sum of fifty dollars. Sec. 4. If any person shall wilfully suffer any show, ex- hibition or public representation to be made or had in any house, or upon the premises, in his possession, contrary to this ordinance, he shall forfeit and pay the sum of fifty dollars. Sec. 6. A license shall not be valid for a longer period than one year from its date. An addition fee of Mty cents shall be payable for every license to the officer issuing the same. Passed at City Hall, April 4, 1861. Moving picture ex- hibitions must be licensed. License fee. Exceptions. AiY ORDINANCE providing for tlie issuing of licenses for places in which moving picture exhiJ)itions are held; regu- lating the operation of moving picture machines, and pro- viding a penalty for the violations of the provisions thereof. Be it ordained, by The Council of Wilmington. Section 1. That it shall not be lawful to exhibit in any building, garden, grounds, concert-room, saloon, or other place or places or in any room or other enclosure within the City of Wilmington, any moving picture exhibition until a license for such building, garden, grounds, concert-room, saloon or other place or places, or room or enclosure, shall have first been granted by the i\Iayor of said city to the lessee or proprietor thereof, for which license the said lessee or proprietor shall pay a fee of one hundred dollars ($100), and which license shall be good and available thereafter for the whole or any portion of one calendar year, beginning on the fir.st day of January of each year; provided, that this section shall not ap- ply to any church or other place not devoted to the business of such exhibitions so as to require the payment of the said license fee for the giving of a single exhibition of moving pic- tures; and provided, further, that all licenses shall be paid for ORDINANCES. 961 pro rata from the time of issuance until its expiration the fol- ^^enTe*^ lowing December 31st. Sec. 2. It shall be unlawful to operate any moving pic- Operators 1 • 11 i ■ 1 11 1 IT must be over ture machine unless the person so operating shall be over 18 is years of years of age; and further, that it shall be unlawful for any operator or other person or persons at any time to smoke or carry matches into the operating booth hereinafter provided for. and no oil lamp shall be permitted there, nor shall illumi- No ou lamps. nating gas be introduced into said booths. Sec. 3. That a patent fire extinguisher shall be placed ^nlulsher. at or near each entrance, also that it be required that a patent fire extinguisher shall be placed in each operating booth. Sec. 4. All moving picture machines must be equipped with fireproof magazines for the top reel and tension take-up Fireproof . ^ . magazines. devices with fireproof magazines for the bottom reel. Said machines, together with the person operating the same, shall be enclosed in booths lined with asbestos, sheet iron or tin. All films shall be kept at all times, when not in use, in metal cases, and shall be removed at least two feet from the machines. Sec. 5. Before any license shall be granted as provided Certificate in Section 1 hereof, the Building Inspector shall certify to the inspector iDGf or© Mayor that he has inspected such place, places, rooms and en- license. closures and the equipment and the exits thereof, and that he approves such application for license. The Building Commit- tee of City Council, in connection with the said Building In- spector, are hereby authorized to make such rules («) and regulations as they may deem necessary and proper and which are not inconsistent with the provisions herein in respect to all machines, appliances or the accessories thereof or thereto used in connection with or as part of the said moving picture ex- hibition. These rules and regulations shall, after having been ordered, apply to all moving picture exhibitions within the City of Wilmington. ^ (a) For the legal meaning of the word ' ' rules ' ' see the case of Morris et al vs. Pilot Corns., 7 Del. Ch. p. 136. (jr. 1894) 962 ORDINANCES. Power of Police Com- missioners. Penalty. Sec. 6. The Police Commissioners shall have the power to prevent the operation of any moving picture machine by reason of the requirements of the foregoing sections not being fulfilled or by reason of any other caiLse that in their opinion endangers the public safety. Sec. 7. Any person or corporation violating any of the provisions of this ordinance shall be subject to a penalty of one hundred dollars ($100), to be recovered as penalties of like amount are now by law recoverable. Approved April 30, 1908. stock of giinpowder limited to 50 lbs. Penalty. Judge shall issue pro- cess to Con- stable for removal. Return on process. Disregarding process. Penalty. AN ORDINANCE to prevent damage from gunpowder. Section 1. If any person shall deposit, keep or have in any house, store or building, or in any place within this city, a greater quantitj^ than fifty pounds of gunpowder every such person shall be guilty of a common nuisance, and upon convic- tion thereof shall forfeit and pay a fine of ten dollars, and an additional fine of five dollars for each quarter cask, or quan- tity of twenty-five pounds so deposited, kept or had above the said quantity of fift}^ pounds. The [Judge of the Municipal Court] upon credible infor- mation of a greater quantity of gunpowder than is allowed hy this ordinance being in anj' place within this city, shall issue process to the High Constable or any City Constable, requiring him to direct the person depositing, keeping or having such gunpowder, to remove the excess thereof above fifty pounds beyond the limits of this city forthwith; the Constable in his return upon this process shall set down the daj^ hour and min- ute of service, and this return shall be competent evidence. If any person so served with process, shall not, within one hour after such service, remove the said excess of gunpowder by him, her or them so deposited, kept or had, beyond the limits of this city, he, she or they shall forfeit and pay a fine of fifty dollars ; this fine shall not supersede the original fine incurred in the case, but shall be cumulative, and the said Judge shall have authority to make an order and to issue process to the ORDINANCES. 963 High Constable or to anv Citv Constable, for removing the ]?^^f °^ °'' said excess beyond the limits of this citv, or otherwise securing movai by *' " ' ° Judge to the same, as may be expedient. And the expenses hereby in- constable. curred shall be paid by the order of the Council, which said ^ ^ *' ' . . Expense of expenses shall be recovered by The Mayor and Council of Wil- removal, mington from the owner of the said gunpowder, or person who had the possession thereof, at their election, as like debts and demands are recoverable. Not only the excess of gunpowder above the quantity al- saie of the lowed, for the depositing or keeping or having or not remov- expense's.'^^^ ing of which a fine shall be incurred under this ordinance, but the whole thereof shall be liable to be taken and sold to satisfy the judgment or sentence for such fine and costs, whether the defendant in such judgment or sentence be the person deposit- ing or keeping, or having, or not removing the same. Sec. 2. For the purpose of supplying retailers of gun- ]^°n|ing powder within the City of Wilmington, it shall and may be ^ft v for sa^ie lawful to introduce the same in kegs, containing not more than twenty-five pounds each, carefully enclosed in good bags, or by putting a sheet of canvas under and around the said kegs, sufficient to prevent the gunpowder from scattering from the said carriage, wagon or other vehicle in which it is con- vej'cd and no one carriage or other vehicle shall contain, at any one time, more than ten of the above described kegs of gunpowder and if any gunpowder shall be brought into this city, except in the manner and in the quantity herein set forth, and contrary to the provisions of this ordinance, the person or persons owning the said gunpowder, and the person or persons driver (fcluai- so conveying the same shall, for each and every such offence, slbie^^°'^' forfeit and pay the sum of five hundred dollars, one moietj'^ to penalty, be paid into the city treasury and the other moiety to the per- Half of fine son informing and prosecuting the offender to conviction ; pro- ^°^ ^former. vided, that this section shall not extend to that part of the Christiana river included within the city limits, vessels loaded vessels in with powder being free to pass in said river along the cit}^ exempt"^ front. I ' 964 ORDINANCES. Constables and Street Commis- sioner to report to Mayor. Sec. 3. It shall be the duty of the City Constables and Street Commissioner immediately to report any violation of this ordinance to the Mayor, who shall take the proper means to have it enforced without delay. Passed at City Hall, October 13, 1856. Public nuisance. Firearms or ■weapons. Bombs or torpedoes. Composition of. Dimensions of. Firecrackers Composition of. Detonating fireworks. AN ORDINANCE declaring the making, storing, selling, dis- posing of, firing and exploding of certain fireworks to he a public nuisance and affixing penalties for its violation. Be it ordained, by the Council of Wilmington. Section 1. It shall be a public nuisance for any person or persons, firm or corporation, after the passage of this ordinance, to discharge or explode, or cause to be discharged or exploded, or to manufacture, keep -on hand or store, or to sell, dispose of, give away or furnish, directly or in- directly, within the limits of the City of Wilmington to any person or persons: (1) Any pistol, revolver or other weapon intended for the firing or exploding of blank car- tridges, into Avhich a bullet or loaded cartridge may be in any way inserted and exploded; (2) any bomb, torpedo, or de- vice in the nature of a torpedo, to be exploded by percussion, friction, impact or contact, in or of which picric acid, fulminic acid, permanganic acid, cj'anic or ferro-cyanic acid, hyponitric acid, or any of the salts thereof; nitro-glyeerine, chlorate of potash, gun cotton, bisulphide of soda or of potash, bisulphide of carbon, or any form of antimony, mercury, gold, platinum or silver is a component part, and the use of the chemical equivalents of said ingredients or any of them, shall be deemed a violation of this ordinance; or any bomb, torpedo or other device in the nature thereof, of a larger size than three-quar- ters of an inch in diameter or inside measure in any direction ; (3) any sort of fire cracker or detonating device in the nature of a fire cracker, loaded or charged with any substance, com- pound, combination of substances or explosive whatsoever other than ordinary black gunpowder; composed of sulphur, saltpetre and charcoal; (4) any detonating fireworks of any nature whatsoever, save in these ordinances otherwise pro- vided, charged or loaded with any other explosive than such ORDINANCES. 965 ordinary black gunpowder; (5) any fire cracker or other de- P*^tonating =' i ' ^ ^ -^ _ firecracker. touating" device whatsoever in the nature thereof of a size larger than five inches in length and one inch in diameter. Sec. 2. It is further declared to be a public nuisance for Declaration _^ _ as to firm, any person, firm or corporation to sell, give away or dispose corporation, of, or otherwise directly or indirectly furnish within the limits ^of said city, to any minor under the age of eighteen years, any As to minor. gun, pistol, revolver or other firearm whatsoever. Sec. 3. It is further declared to be a public nuisance for^ , ^ Declaration any person or persons to explode or fire, or cause to be ex-astonui- ..... . . sance. ploded or fired within said city limits any article or thing de- „ ■^ . •' . . Precednig . clared to be a nuis-ance in Section one of this ordinance. section. Sec. 4. If any person or persons, firm or corporation, or any employe of any person, firm or corporation do any of the things, the doing of which is hereinbefore declared to be a public nuisance, he, she, it or they shall, upon conviction there- of in the Municipal Court for said city, be punished by a fine of not less than twenty-five nor more than one hundred dollars. Sec. 5. If any person or persons within said city limits, Throwing. ■^ -^ ^ ^ ) placing, etc. shall thi'ow or place any lighted firecracker or other fireworks, or any bomb, torpedo, or other device in the nature thereof, at, to, upon or toward any person, animal, window, house, car, car track, carriage or other property, or into or among any gath- ering of persons, he shall, upon conviction in said court, be punished by a fine of not less than one nor more than fifty Penalty, dollars. Sec. 6. In any prosecution under this ordinance, the , "^ Charge may . charge may be laid against all or any of the several members be laid, of a firm or partnership, or against anj'' employe of any per- Firm or son, firm or partnership ; and in case of a corporation, the etc. prosecution may be against either the president or other chief President or ,„ . „ . 1 . 1 f. chief officer. orncer thereoi, or aganist the person ni charge or or manag- ing the business, or any employe thereof. 966 ORDINANCES. Sec. 7. All ordinances or parts thereof inconsistent with this ordinance are hereby expressly repealed. Passed at the City Hall, August 2, 1900. Unlawful to to keep more than 5 bar- rels of oil. Fine. Distance from dwell- ing required. Inspection of premises by High Con- stable. AN ORDINANCE concerning the keeping and storing of petroleum and other oils. Section 1. If any person shall deposit, keep, or have in* any house, store, or building, or other place in this city, with- in the following boundaries, to wit : South of the Brandywine river, and east of Adams street, and north of Beech street and the Christiana river, as far down as the east line of Burk and McCaulley's shipyard, on a direct line to the Brandywine river, more than five barrels of kerosene, Benzine, camphine, petroleum, or rock oil, no matter by what name it may be known, he shall be deemed guilty of a common nuisance, and upon conviction shall be fined ten dollars. Sec. 2. In other portions of the city, not prescribed in Section 1, the article or articles within mentioned and pre- scribed shall not be kept or stored within a distance of one hundred feet of any dwelling house. Sec. 3. It shall be the duty of the High Constable, upon the written requirements of the Mayor, or whenever he shall have reasonable grounds to believe that this ordinance is being violated, to go to and upon and inspect the premises or place where, or in which it is believed said nuisance exists, and forth- with to report the fact to the Mayor. Passed at City Hall, February 7, 1867. Unlawful boiling of roofing ma- terials. Jan. 9, 1862. AN ORDINANCE to prevent the Tjoiling or manufacturing, within certain limits, of any tar, pitch or like inflam- maMe substance to he used in the manufacture of gravel or sand roofing. Section 1. [If any person shall manufacture or boil, or cause to be manufactured or boiled, in any building or other place within the city limits, situate within one hundred yards ORDINANCES. 967 of any building within the limits aforesaid, any tar. pitch or like inflammable substance, to be used in the manufacture of gravel or sand roofing, except at the time of putting on a roof, when it may be lawful to heat the said material in the street, using no more time for such purpose than is absolutely neces- sary, every such person shall be guilty of a common nuisance, and upon conviction thereof shall forfeit and pay a fine of fifty dollars.] The [Judge of the Municipal Court,] on receiving credi- Abatement .of nuisance. ble information that the aforesaid business is carried on by any person within the limits aforesaid of this city, shall issue process to the High Constable, or any City Constable, requir- ing him to direct the peraon so engaged to abate the said nui- sance forthwith ; and the said Constable in his return upon this process shall note the time of service, and this return shall be competent evidence. If after the person so served with process shall not forthwith abate the aforesaid nuisance, he or they shall forfeit and pay a fine of fifty dollars, which fine shall not supersede the original fine incurred in the case, but shall be cumulative, and thereupon the [Judge of the Muni- cipal Court] shall issue process directed to the High Constable, or any City Constable, directing him to abate the nuisance. All the expenses hereby incurred shall be paid bj' the order of andTe1x)very the Council, which said expenses shall be recovered by The °^ expenses. Mayor and Council of Wilmington from the person engaged in the aforesaid business, as like debts and demands are recov- erable. Sec. 2. It shall be the duty of the Citv Constables and ^, , ^ *' ^ street Com- the Street Commissioner immediately to report anv violation missioner •^ ^ " and Con- of this ordinance to the ]Mavor, who shall take the proper stables must ■ report vio- means to have it enforced without delay. lations. Passed at City Hall, October 3, 1861. AX ORDINANCE concerning puMic lamps and lamp-posts. Lighting or extinguish- Section 1. If any person or persons shall [light,] extin- jJ^^^g^'^^®^ guish, break, destrov, injure, overthrow or carrv awav, with- jiestroying o • ! . ) .J ' »' . ? lamps or lamp-posts. 968 ORDINANCES, April 16, 1S66. Penalty. Obstruction of light. Penalty. out legal authority, any public lamp, or lamp-post erected by authority of the Council, (^) by private subscription or other- wise in any of the streets, lanes or alleys of this city, every person so offending, and every person aiding or abetting the same, shall forfeit and pay for each and every public lamp or lamp-post so [lighted,] extinguished, broken, destroyed, in- jured, overthrown or carried away, a fine not exceeding ten dollars, nor less than one dollar, as well as a sum sufficient to replace every lamp-post or lamp so broken, destroyed, injured, overthrown or carried away. (a) Now, the Street and Sewer Department. Passed at City Hall, February 20, 1862. AN ORDINANCE for the protection, of puhlic lamps. Section 1. If any person, hy means of imy a\^^ling, sign, tree or other thing erected or being upon premises owned or occupied by him, or upon or over any footway or street in front of premises owned or occupied by him, shall obstruct or obscure or suffer or permit to be obstructed or obscured the light from any public lamp erected by authority of Council in any street, lane or alley of this city, he shall be guilty of a common nuisance, and forfeit and pay a fine not exceeding ten dollars. Duty of Sec. 2. If any person so offending shall be notified by the missioner to Street Commissioner to remove or abate such nuisance, and abate such ' nuisance. shall ucglcct or refusc so to do for twenty-four hours after such notice, the said Commissioner shall forthwith abate and remove the same at the expense of the person so offending, and such expense shall be recovered in an action in the name of the corporation before the [Municipal Court.] Passed at City Hall, October 9, 1873. Injuring or carrying away trees or shrub- bery. AN ORDINANCE for the security and protection of shruh- hery, fruit and ornamental trees tviihin the city. Section 1. If any person or persons shall break, injure, destroy, overthrow or carry away any shrub, or fruit, or orna- ORDINANCES. 969 mental tree, planted by anthority of this city or any citizen or resident thereof, in any of the streets, lanes, alleys or private gardens and enclosures within the city, every person so of- fending, and every person aiding or abetting the same, shall forfeit and pay for each and every shrub, fruit or ornamental tree so broken, injured, destroyed, overthrown or carried away, a sum not exceeding ten dollars, nor less than two dol- p^"^'^^'- lars, with costs, and shall moreover be liable to an action to make good the damages. If the guilty party be a minor, his or her parent or Minors. guardian shall be liable for the fine and costs. The High and Police Constables of the city are liereby ^^^^7^°^^^^^ •strictly enjoined diligently to enquire after and prosecute all who shall offend therein. Passed at Citv Hall, June 12, 1862. AN ORDINANCE to protect ornamental and shade trees ivith- in the city. Section 1. ^Yhoever shall hitch or fasten a horse, or other Hitching: to ' trees for- animal of like kind to any ornamental or shade tree, or tree bidden. box protecting any ornamental or shade tree, within this city, without the consent of the owner of such tree or of the tenant of the premises on which it may be situated first had, shall be deemed guilty of a public nuisance, and upon conviction thereof fined in a sum not less than one dollar or more than ^j^^^ five dollars, and upon sight thereof, any Constable or other of- ficer of this city, may impound any such horse or other ani- o^fnlmai"^ mal, and the vehicle to which it may be attached, until the fine Pitched. and costs, and any reasonable expenses incurred in keeping and caring for them, shall have been paid. Passed at Citv Hall, Julv 30, 1869. 970 ORDINANCES. Lottery of- fices unlaw- ful. AN ORDINANCE concerning lottery policies. Section 1. All places or apartments where lottery poli- cies, or paper with letters or figures that evidence the same, or where risks or devices in the nature of lottery policies are sold, are hereby declared to be nuisances within the city limits, and are to be regarded and treated as such. Penalties. Sec. 2. Any person who shall keep any such place or apartment, or maintain any such nuisance, shall forfeit and pay the sum of twenty dollars. A distinct offence against this ordinance shall be taken to be committed for every day that any such nuisance is maintained in any specific place or apart- ment. Duties of policemen and Mayor respecting policy offices. Authorized lottery ticket. Sec. 3. It shall be the duty of the police officers to give information to the Mayor, of each house or place within the city wherein such sale may be kept up or maintained, and the said police officers shall take all lawful means to suppress and prevent the sale as aforesaid, and for this purpose, when and as often as any one of them shall have probable cause to be- lieve that any house or place is used for the purposes of such sale as aforesaid, he shall make formal complaint to the [Judge of the Municipal Court.] whereupon the said [Judge] shall issue his warrant for the arrest of the person or persons so complained against. Sec. 4. Nothing of this ordinance shall be regarded as prohibiting the sale of any authorized lottery ticket. Passed at City Hall, May 3, 1860. Injuring fountains, washing hands or casting filth therein. AN ORDINANCE for the protection of puNic drinking foun- tains. Section 1. If anj- person or persons shall break, injure or do any damage whatever to the public drinking fountains erected in this city, or shall wash their hands, persons or sub- stances, or throw or put any stones, filth or matter whatsoever into the basins of the same, or shall injure in any manner fenc- ing enclosing the same, every person so offending shall forfeit ORDINANCES. 971 and pay for every such offence a fine not exceeding fifty dol- lars, and not less than five dollars. Sec. 2. It shall be the duty of all police officers and con- Arrests ami . prosecutions. stables to make arrests and prosecute all violations oi the pro- visions of this ordinance which shall come to their notice or knowledge; and all fines collected under this ordinance shall be paid one-half to the informer and prosecutor, and the other informer's , . share of fine. half to the City Treasurer for the benefit oi the city. Passed at City Hall, June 22, 1871. AN ORDINANCE for the prevention of cruelty to animals. Section 1. Whoever shall over-drive, over-load, over- cruei treat- work, torture, torment, deprive of necessary sustenance, mais. ° cruelly beat, mutilate or kill, or cause or procure to be so over- driven, over-loaded, overworked, tortured, tormented, de- prived of necessary sustenance, cruelly beaten, mutilated or cruelly killed, any horse, ox or other animal, and whoever hav- ing the charge or custody of any such animal, either as o^vner or otherwise, shall unnecessarily fail to provide such animal with proper food, drink or shelter, or protection from the shelter. weather, shall, for every such offence, be fined in a sum not ex- ceeding one hundred dollars, and shall be imprisoned until Fine. such fine is paid. , Sec. 2. Every owner of, or person having the charge or unnecessary custody of, any horse, ox, or any other animal, who shall know- a'Smats"* ingly and wilfully authorize or permit the same to be sub- jected to, or suffer unnecessary torture or cruelty shall be punished for every such offence in the manner provided in Section 1. Sec. 3. Every owner, driver, possessor or person having oid. maimed the charge or custody of an old, maimed or disabled or dis- anima^is.^^*^ eased horse, mule or other animal, who shall cruelly work the same, when unfit for work, or cruelly abandon the same, shall be punished, for every such offence, in the manner provided in Section 1. 972 ORDINANCES. Transporta- tion of ani- mals. Sec. 4. Any person, company or corporation, who shall carry, or cause to be carried, in or upon any vehicle, or other- wise, any animal in an unnecessarily cruel or inhuman man- ner, shall be punished in the same manner provided in Sec- tion 1. Arrest and Sec. 5. It shall be the duty of all police officers and con- prosecution ., . , . „ , of offenders, stables to make arrests, and prosecute all violations oi the pro- visions of this ordinance which shall come to their notice or knowledge ; and all fines collected under this ordinance shall Informer's . , t n i-p share of fine, be paid, one-hali to the mtormer and prosecutor, and the other one-half to the City Treasurer for the benefit of the city. Acts subject Sec. 6. This ordinance shall appl^' to all such acts or vio- of thiTor-""^ lations within the limits of the City of Wilmington, and any dmance. violation of any provisions thereof shall be deemed and taken to be, and shall constitute, a public nuisance, offensive to the public sense and morals, and punishable as such. Birds. Muzzling dogs. Sec. 7. The words dumb animals in this ordinance shall be construed to mean and include pigeons, swallows and all birds moving in or inhabiting the public thoroughfares of the city. Passed at City Hall, November 3, 1870. AN ORDINANCE to provide for the muzzling of dogs in the City of Wilmington. Section 1. Any person or persons owning, harboring or possessing a dog, or dogs shall cause the said dog or dogs, whenever it or they shall be at large, and not held upon leash, between the first day of ]\Iay and the first day of October in each and every year, to be effectually muzzled and secured, said muzzle to be attached to the head of the dog in such a manner as to prevent biting, said muzzle shall be a good, safe wire muzzle wide enough to permit the dog to drink and breathe freely. Dogs at miTmuzzVe' ^^^- ^- Every such dog found running at large within maybeim- -j-j-^g limits of the City of Wilmington, during the period men- pounded. '' O 7 O X ORDINANCES. 973 tioned in Section 1 of this ordinance, Avithoiit such muzzle, shall be seized and impounded, and after having been kept for forty-eight (48) hours without redemption, maA^ be killed in a speedy and least painful manner ; any person claiming a dog- seized under the provisions of this ordinance, and proving ownership thereof, shall be entitled to resume possession of ^ogg^''"'"^ the same on the pajTnent of the sum of one ( 1 ) dollar, for the use of the city; provided, however, that such claim shall be made before the expiration of the forty-eight (48) hours after the seizure and impounding of the same. Sec. 3. Any person or persons owning, harboring or pos- sessing a dog or dogs which shall be found running at large unmuzzled, and not held upon leash, at any time after the first day of Maj^ and before the first day of October of each and every year, shall upon conviction before the Municipal Court, forfeit and pay a fine of two (2) dollars for every offence, to- Penalty, gether with the costs of the prosecution. Sec. 4. The Maj'or shall, if in his opinion the same shall be for the advantage and benefit of the citizens, as soon as may contract for be after the passage of this ordinance, and in the month of dogs!^ "^ April in each year thereafter, enter into a contract with the Delaware Society for the Prevention of Cruelty to Animals, or any other society or parties, for taking up, killing and re- moving to the crematory, of all unmuzzled dogs found running at large in the City of Wilmington between the first day of iMay and the first day of October in each and every year, in violation of this ordinance, provided that the contract so en- ,.,-,-,,, . ^- n n ■, Provisions. tered into shall not at any time exceed the sum of four Jiun- dred dollars ($400) in any one year. Sec. 5. The ]\Iayor shall at all times have the power to powers of revoke the contract if the contractor or contractors do not ^^^^■°''- carry out the contract to the Mayor's satisfaction. Sec. 6. The contractor authorized by the ]\Iayor as afore- Authority of said, or any agent of said contractor, shall have the right and aslo bitten power, and he is hereby authorized and directed to seize at *^°^^" any time and place, any dog or dogs which have been bitten by 974 ORDINANCES. Penalty for unlawfully removing muzzle. Municipal Court. Notice. another dog or dogs, and impound said bitten dog for a period of thirty days ; and if at any time within said period of thirty days, said bitten dog shall exhibit sjTuptoms of hydrophobia, it shall be killed, as provided in Section 2 of this ordinance. If upon the expiration of said period of thirty days, the said bitten dog so impounded, shall have sho^^TL no symptoms of hydrophobia, it shall be restored to its owner, and all costs of the seizure, impounding and examination of every such bit- ten dog, shall be paid by the city. The contractor aforesaid, shall cause an examination of every bitten dog so seized and impounded under this section of this ordinance, to be made by a competent veterinary sur- geon, whose decision, as a result of said examination, shall be final and conclusive. Sec. 7. If any person shall, without the consent of the owner or the person in possession of the dog, take from its head the muzzle placed thereon according to the first section of this ordinance, or shall obstruct any contractor authorized by the Mayor as aforesaid in the execution of this ordinance, every person so offending shall, upon conviction before the Municipal Court, forfeit and pay the sum of five dollars ($5) for every offence, together with the costs of the prosecution. Sec. 8. All complaints of the violation of this ordinance shall be heard and determined by the Municipal Court. Sec. 9. This ordinance shall take effect and be operative within five (5) days from the date of its approval by the Mayor, and it shall be the duty of the Mayor to cause notice of the date at which this ordinance is to go into operation, to be published at least three (3) times in each of the three (3) daily newspapers of the City of AVilmington. Sec. 10. All ordinances or parts of ordinances inconsist- ent herewith are hereby repealed. Approved June 26, 1902. ORDINANCES, 975 AN ORDIXAXCE to prevent annoyance from dogs. Section 1. [The Hioli Constable shall keep a register of , . , . , -, • p , T 1 Registration dogs, stating therein the species, color and size or the dog, the of dogs. name of the owner and any other description serving to iden- Jan. 25, 1872. tify the dog registered; («) and for the registration there shall be paid to him for the use of the city, for every male dog one dollar, and for every female dog two dollars ; and he shall de- liver to the persons paying as aforesaid a metallic stamp with a hole in it and the letter R and the year for which it is issued [and a number to correspond with the receipt given by the ordinance of High Constable] impressed thereon, to be attached to the neck Metallic ' medal. of the dog registered.] ^ (a) Registering a clog under this ordinance does not make it per- sonal property, and therefore, not the subject of larceny. To make it personal property and the subject of larceny, it should be registered with the Clerk of the Peace of the county. Lore, C. J.: " This dog was not registered with the Clerk of the Peace * * (Eev. Code, 399) which expressly made any dog so registered personal property and the subject of larceny, but was registered under the Charter of the town of Dover, which contains no such provision, and is merely a police regulation, leaving the dog as at common law, not the subject of larceny." State vs. Butler, 2 Penn. 127 at 128. (yr. 1899) See p. 548 of this volume. [Sec. 2.- The ]\Iayor is hereby authorized to appoint (^0 Appointment as many persons as he may consider necessary for the purpose catchers. of causing to be caught, impounded, killed and buried all dogs Aug. 11, isto. at large in this city not registered according to the pro\asions of this ordinance.] (a) Comegys, C. J.: " * the Mayor had no authority under the Charter and ordinances of the city to ap- point him" (dog-catcher) "a constable or policeman to perform the ser- vices for which the action had been brought. ' ' Foster vs. Mayor and Council Wil., 8 Houst. 415 at 419. (yr. 1889) The Mayor had appointed the dog-catcher, a police officer, it was claimed. The Mayor no longer appoints policemen. See Sec. 6 "a," p. 210 of this volume. At the expiration of twentv-f our hours from the ' im- Killing of impounded pounding of any dog it shall be killed and buried, provided, 1 p 1 • T t^® Dela- soon as may be aiter the passage of this ordinance, and m the ware Society -,„",. „ . for Preven- month 01 July in each year thereafter, enter into a contract tion of cru- with the Delaware Society for the Prevention of Cruelty to mais. Animals, or any other society or parties for taking-up, killing and removing to the City Crematory, of all unregistered dogs at large in the City of Wilmington, and for the taking-up and impounding of all animals at large in said city in violation of the ordinances thereof; provided, that the contract so entered into shall not at any time exceed the sum of $1,800 in any one cee^d the sum of $1800 year. in any one year. 978 ORDINANCES. The office of dog catcher shall be abolished. Monthly or- ders shall be drawn by Council. Mayor shall have power to revoke the contract. Sec. 2. That so soon as the contract shall have been en- tered into as herein before provided, the office of Dog Catcher as heretofore provided by law shall cease and be abolished, and the agent or agents of the contracting party shall for all the purposes hereinbefore specified take the place of and be sub- stituted for the Dog Catcher, and all the duties and rights ini-' posed and conferred on the present Dog Catcher under any ordinance or resolution of the Council are hereby imposed and conferred on the agent or agents of the contracting party as fully as though herein specified; provided, that all fees and fuies imposed b}^ law and which have heretofore been paid to the Dog Catcher shall hereafter be paid to the City Treasurer for the use of the city. Sec. 3. Monthly orders shall be drawn by the Council payable to the order of the contracting party, which order shall be approved bj^ the Mayor in writing. Sec. 4. The Mayor shall at all times have the power to revoke the contract, if the contractor or contractors do not comply with their part to the Mayor's satisfaction. Passed at City Hall, June 27, 1895. Proposals for city work and materials by contract system. Lowest bid. Security. AN ORDINANCE providing that ivork for the city shall he done by contract. Section 1. For all work and labor hereafter required to be. done, and goods, chattels, wares, merchandise, materials, tools, implements and machinery to be furnished, or had and used by or for account of this city, where the cost in any par- ticular case will probably exceed the sum of fifty dollars, the officer or committee having such business in charge, shall pub- licly invite sealed proposals for the doing of such work and the furnishing of such goods, chattels, wares, merchandise, materials, tools, implements and machinery, and give the con- tract to the lowest bidder or bidders; («) provided, that they may require from all or any of the bidders security for the faithful performance of their contract ; and provided further, ORDINANCES. 979 that nothing- in this ordinance shall be construed to apply to ^^epted^^^ the mere lajnng, setting or fixing of water pipes. (a) Under a street paving ordinance, which recjuired the contract to be let to the "lowest bidder," the Court held, if the bid was not satis- factory to the city, the city could readvertise, alter plans, &c., and issue new specifications. Keogh vs. Mayor and Council Wil., 4 Del. Ch. 491 at 497. (yr. 1872) It also held it could (notwithstanding said ordinance) insert in the advertisement a clause reserving the right to "reject any or all bids," and under this clause could ' ' even have preferred a higher bid. ' ' 498-9. One who bids, under such conditions, practically, says as it is ex- pressed by The Chancellor: "I propose to do the work for so much, provided you "see fit to give me the job." id. 499. Passed at Citv Hall, May 19, 1870. AN ORDINANCE providing for the furnishing of security l)y contractors with the city. Section 1. Whenever the city officers, or any of them, or Bond. any of the committees of Council, shall advertise for sealed proposals for any public work or contract of any kind whatso- ever for or on account of this city, for the performance of which security shall be required, no bid or proposal from any person or persons therefor shall be received or considered un- less the same be accompanied with a bond with sufficient free- hold surety in the amount designated in such advertisements, with condition to be void if the obligor or obligors, being the condition, successful bidder or bidders, and being awarded the contract, shall execute such contract and give bond for its faithful per- formance, as provided for in Section 2 of this ordinance. Pro- vided, however, that no bid shall be received or considered ^''°'^'^^°- from any person or persons who, after the passage of this ordi- nance, shall have failed in the performance or due execution of any contract he or they may have been engaged in with the corporation of the City of Wilmington, or who, in bidding for any such contract for the city, shall not have furnished with said bid the freehold security required in this section as a guarantee of the good faith of such bid. Contractors. Sec. 2. Every contractor for any public work or contract of any kind whatsoever for or on account of this city, for the performance of which security shall be required before exe- 980 ORDINANCES. cnting said contract or entering upon its performance, shall give bond with sufficient freehold surety, to be approved by the Committee of Council having such business in charge, in the amount required and stated in the advertisement for the faithful performance of the work or contract. D^jty of^city g^,^ 3 rpj^^ bonds provided for in Sections 1 and 2 of this ordinance, shall be drawn and prepared by the City So- licitor, and shall have warrant of attorney for the confession of judgment thereon annexed. Printed blanks for proposals, with the bonds provided for in said Section 1 attached there- to, shall be prepared and kept in the office of the Clerk of the Council, to be supplied free by the said Clerk. Sec. 4. No member of the Council nor any offi.cer of this city shall be surety on any bond given under the provisions of this ordinance. Passed at City Hall, February 1, 1877. AN ORDINANCE to prevent the contamination and pollution of the Brandyivine creek. Contamina- SECTION 1. No priv}', urinal or other construction of ease- Brandywine. ment shall be placed or allowed to remain over the waters of or directly upon the banks of the Brandywine or it tributaries above the first city dam. Wells not gEC. 2. No privy, vault or reservoir into which a privy, nearer than ^ \ .-,■-, ^ -.^ ^ j^tt 150 feet from water closet of cesspool IS drained, shall be constructed, dug 1)3. nks or permitted to remain within 150 feet of the banks of the Brandywine above the first city dam unless the same is thor- oughly cemented so as to be watertight. Nuisance. Sec 3. Any privy, vault or reservoir into which a privy, water closet or cesspool is drained, within 150 feet of the banks of the Brandywnne above the first city dam, which is not made thoroughly watertight shall be considered a nuisance and ORDINANCES. 981 dealt with according to law regulating the pollution («) of streams. (a) See Act of February 4, 1864, 12 D. L. Ch. 405, Eev. Code oi' 1893, p. 926. The city, aside from the above ordinance, and the statute mentioned, as a riparian proprieior, has a right to have the waters pure and uncon- taminated by the riparian owners above. See the cases of JessLip & Moore Paper Co. vs. Ford, 6 Del. Ch. 52 at 70. (yr. 1887) Forman vs. Ford, 6 Del. Ch. 47. (yr. 1886) See Sec. 2 " a, " p. 184 of this volume. Sec. 4. It shall be the duty of the Board of Health of puty of city to enforce proper observance of t see that the same is strictly complied with. this city to enforce proper observance of this ordinance, and Health. Sec. 5. This ordinance shall be in effect immediately from and after its approval by the INIayor. Approved March 2, 1907. AN ORDINANCE authorizing the purchase of certain lots of land for the extension of the area of Brandywine Park. Whereas, A majority of the Board of Park Commission- preamble. ers have by a communication dated the twenty-sixth day of October, A. D. 1899, recommended to the City Council that the following described lots or parcels of land be purchased for the extension of the area of the Brandywine Park, to wit : All that certain lot or parcel of land lying between Shall- Description ^ ^ o jjn(j location cross and Lovering avenues and extending easterly from Clay- of land, ton street, two hundred and seventy-two feet and five inches (272 feet 5 inches). All that certain lot or parcel of land bounded and de- • 1 T P 11 • T^ • • 1 • • ^ Description scribed as follows, to wit : Beginning at the intersection oi and location the northerly side of Shallcross avenue with the westerly side of Clayton street ; thence northerly along said side of Clayton street, fifty feet to a corner ; thence westerly and parallel with Shallcross avenue, two hundred feet to a corner ; thence north- erly and parallel with Clayton street, two hundred and fifty feet to the southerly side of Lovering avenue ; thence thereby westerly seventy-two feet three inches to a corner; thence 982 ORDINANCES. southerly and parallel with Clayton street, three hundred feet to the northerly side of Shallcross avenue ; and thence thereby easterly, two hundred and seventy-two feet three inches, to the said westerly side of Clayton street and place of beginning. Description and location of land. Authority for purchase of land for pai'k pur- poses. Title to be vested in. Amount to be paid not to exceed. Description. AIL that certain lot or parcel of land lying between Clay- and Rowan streets, and extending cross avenue, seventy-five feet (75 feet), Description and location of land. ton and Rowan streets, and extending southerly from Shall- All that certain lot or parcel of land lying between Gilpin and Shallcross avenues, and extending westerly from Clayton street, two hundred and thirty-three feet and nine inches (233 feet 9 inches). Therefore, Be it ordained, by the Council of Wilming- ton. Section 1. That authority is hereby given for the pur- chase of the above described lots or parcels of land, the title to the same to be vested in ' ' The ]\Iayor and Council of Wilming- ton," by deeds from the respective owners of the same; the amount to be paid for said lots or parcels of land not to exceed the sum of seventeen thousand, five hundred and thirty-four dollars and fifty-cents in the aggregate. Passed at the City Hall, November 16, 1899. AN ORDINANCE authorizing the purchase of a certain tract of land for the extension of the area of Brandywine Park. Whereas, A majority of the Board of Park Commission- ers have by a communication dated the eleventh day of Octo- ber, A. D. 1902, recommended to the Council that the follow- ing described lot or parcel of land be purchased for the ex- tension of the area of the Brandywine Park, to wit : All that certain lot or parcel of land beginning at the in- tersection of the southerly side of Eighteenth street, at fifty feet wide, and the easterly side of the right of way of the Bal- timore and Ohio Railroad, thence eastwardly by said side of Eighteenth street, one thousand one hundred and thirty-six ORDINANCES. 983 feet, more or less to a corner of lands of the Mayor and Coun- cil of Wilmington, thence thereby southwardly nine hundred and twent^'-three feet more or less to the northerly side of the right of way of the Brandywine branch of the Philadelphia, Baltimore and Washington Eailroad, thence thereby west- wardly six hundred and twenty-seven feet, more or less, to an- other corner of lands of the ]\Iayor and Council of Wilming- ton, thence northwardly by said lands, five hundred and fif- teen feet, more or less to a corner, thence westwardly, still by said lands, five hundred and five feet, more or less to the afore- said easterly side of the right of way of the Baltimore and Ohio Railroad; and thence thereby northwardly eight hundred and sixty feet, more or less to the place of beginning, contain- ing twent3^-four acres. Section 1. That authority is hereby given for the pur- Authority chase of the above described lot or parcel of land, the title to lanc^for ^^^ the same to be vested in ' ' The Mayor and Council of Wil- ^^^ mington, ' ' by deed or deeds from the respective owner or own- ers of the same ; the amount to be paid for said lot or parcel of land not to exceed the sum of twenty-eight thousand eight hundred dollars ($28,800) in the aggregate. Approved December 26, 1902. AN ORDINANCE to provide for the purchase or acquisition of land for the extension of the area of Kirk wood Park, a public park of the City of Wilmington. Whereas. A majority of the Board of Park Commission- ers of The Mayor and Council of Wilmington, have by their written communication dated December 24, 1907, which is on file in the office of the Clerk of Council of said city, recom- mended to said City Council the pui-chase or acquisition of the lands hereinafter described for the purpose of extending the area of Kirkwood Park, a public park of said city, heretofore laid out and opened to public use ; 984 ORDINANCES. Authority to purchase land. Condemna- tion. And AVhereas, Said The Council of the city aforesaid favor the acquisition of said lands for the purposes above set forth. Section 1. The authority is hereby given for the pur- chase or acquisition of that lot of land in the City of Wilming- ton bounded by the northerly side of Twelfth street, the east- erly side of Bennett street and low water mark in the Brandy- wine river, for the purpose of the extension of the area of Kirkw^ood Park, a public park of the Citj^ of Wilmington, heretofore laid out and opened to public use. Sec. 2. That if The Council shall be unable to amicably agree upon a purchase price for any or all of said land with the owner or owners thereof, then and in such case said lands may be taken for the purposes in this ordinance set forth in accordance with the provisions of Section 5 of ai^ Act of the General Assembly of the State of Delaware entitled ' ' An Act to provide for public parks for the use of the citizens of Wil- mington and its vicinity," passed at Dover, March 13, 1883. Approved April 6, 1908. AN ORDINANCE requesting the Mayor to execute a contract with the '* Wilmington Institute." Whereas, The "The Mayor and Council of Wilmington" is authorized by Chapter 360, Volume 22, Laws of Delaware, to make a contract with the "Wilmington Institute" respect- ing payments of money to be made toward the support of free libraries and reading rooms in the Citv of Wilmington. Mayor re- quested to make con- tract with Wilmington Institute. Terms of contract. Now Be it ordained, by the Council. Section 1. That the ]\Iayor be, and he hereby is, re- quested to enter into a contract with the "Wilmington Insti- tute" to the following effect, to wit: That it, the "The IMayor and Council of Wilmington" will pay to the said "Wilmington Institute" the sum of fifty ($50.00) dollars per year, for every one thousand ($1,000.00) ORDINANCES. 985 dollars hereafter bequeathed or donated to the said "Wilming- ton Institute," the said pajTiients from the "The Mayor and Council of Wilmington" to be used by the said institute for . the support of free libraries and reading rooms in the City of Wilmington; and provided further, that in no event, shall the sum to be paid by the ' ' The ]\Iayor and Council of Wilming- ton ' ' under any contract made by virtue of this ordinance, ex- ceed yearly, the sum of five thousand dollars. («) (a) See p. 524, note "a" of this volume. Approved July, 1904. AN ORDINANCE to provide for an additional annual appro- priation for the Wilmington Institute Free Lil)rary. Be it ordained, by the Council of Wilmington (two- thirds of the members thereof concurring) : Section 1. From and after the passage of this ordinance Additional the Wilmington Institute Free Library shall receive an addi- tion!°^^'^' tional appropriation («) of two hundred and fifty dollars per' annum from City Council, to be used in the establishment and maintenance of a department for the blind in the Wilmington Institute Free Library. (fl) The new Constitution went into ojieration in June, 1907. The above ordinance was passed in August, 1907. Art. 8, Sec. 8 of the Con- stitution reads as follows: i i -^Q » * city, town or other municipality shall * * appro- priate money to, * * any private corporation, or any person or com- pany whatever. ' ' The Levy Court of New Castle county was mandamused by "The Ferris Industrial School" to make it appropriate money to it under a certain statute. It was claimed the school was a private corporation, and the constitutional clause above mentioned prohibited it. The Court said: Lore, C. J.: "Would it not be * * unreasonable to hold, that an approj^riation toward the maintenance of the in- mates of the Ferris Industrial School, who have been committed to its custody by the State authorities, is within either the letter or spirit of Sec. 8, Art. 8 of the Constitution," &e. (604) "Such appropriation is so broadly public and impersonal in its scope and character as to rebut, if not rebuke, any suggestion of private emoliunent or private interest, within the intendment of the Constitution which clearly means that the county shall not be a party in or to private corporations. Upon the as- sumption, therefore, that this is a private corporation, for the above reasons we consider this appropriation not to be within the prohibition of 986 ORDINANCES. either Section 8, Article 8 * * of the Constitution, for the reason that the corporation being j)enal, reformatory and educational in its jiur- poses, " &c. State vs. Levy Court, 1 Penn. 597 at 604-5. (yr. 1899) Approved August 20, 1907. Right of way. Penalty. ^AN ORDINANCE relating to the right of way of amhu' lances. Section 1. That ambulances shall have the right of way, when responding to calls, or when conveying sick or injured persons along the streets of the City of "Wilmington. Sec. 2. That the motorman of any car, or the driver of any vehicle of any kind whatsoever, or any other person or persons in any way obstructing, delaying or in any manner interfering with ambulances, while responding to calls or when conveying sick or injured persons along the streets of the City of Wilmington, shall, upon conviction thereof before the Judge of the Municipal Court, be fined not less than five dollars, nor more than ten dollars, for each and every offence. Approved lAIay 24, 1904. Collectors of taxes to deposit moneys. AN ORDINANCE concerning depositories of certain moneys belonging to the City of Wilmington. Be it ordained, by the Council of Wilmington. Section 1. That from and after the passage of this ordi- nance, the Assessors and Collectors of the taxes, and all other officers of the City of Wilmington (except where otherwise provided by statute), shall deposit all moneys received by them during the current fiscal year for the use of the City of Wilmington, to the credit of The Mayor and Council of Wil- mington in "Union National Bank" of Wilmington, Dela- ware. 1. See Resolution of Street and Sewer Department, p. 1023 this volume. ORDINANCES. 987 Sec. 2. All monevs so deposited shall be drawn out only ^^?"5*^'' °^ , '■ *' withdrawals. as provided by Section 3-4 of the City Charter, provided, how- ever, that moneys belonging to the Board of Water Commis- sioners shall be disbursed as provided in Section 13 of an Act entitled ''An Act to establish a Board of AVater Commission- ers for the City of Wilmington, and for other purposes," passed at Dover, April 18th, 1883. Sec. 3. All monevs received bv said Assessors and Col- Deposits to " " nn p p*^® made lectors of Taxes and by other city orncers, for the use of the daily, city shall be deposited daily, and the officers making the same shall be required to take from the officers of the institution where such monevs are deposited, certificates of deposit in du- " -^ ' ^ Duplicate plicate m form provided by Council, one of which shall be de- certificates. livered immediately thereafter to the City Auditor. The City Auditor shall give to the officer so delivering to him said cer- tificate of deposit, duplicate receipts therefor, one of which shall be filed in the office of the officer depositing such moneys and the other to the Chairman of the Finance Committee. Approved August 24, 1907. AN ORDINANCE requiring the puhlication of accurate de- tailed statements of the receipts and expenditures of the City of Wilmington. Whereas, At the city election held on the first day of June, in the year 1907, the question : ' ' Shall such ordinance be passed as will require the publication of minute and accu- rate detailed statements of the receipts and expenditures of the city?" received a majority of the votes cast thereon at the said election, and it is now^ the duty («) of the Council to adopt such ordinance as may be necessary for putting into ef- fect the popular will thus expressed ; therefore, (a) The above ordinance was passed pursuant to a vote taken at an election under what is generally known as the Initiative and Eeferendum Act. The "Whereas Clause" of the ordinance says, "and it is now the duty," &c., of The Council to pass the ordinance, and a failure of a Councilman to vote for the ordinance makes it a misdemeanor, &c. This shows that a puppet is made of "The Council." The above Initiative and Eeferendum Act is clearly a case of a delegation, by the Legislature, of delegated legislative power, involving discretion and judgment, to the 988 ORDINANCES. people. The maxim is, "delegatus non potest delegari. " This canuot be done without an amendment to the Constitution. See Sec. 8 "a," p. 417 of this volume, where a full account of the law is given, and the case of State Del. ex rel. The Major and Council Wil. vs. Sayers. (yr. 1907) App. Dock. p. 42.5. City Treas- SECTION 1. That it shall be the duty of the City Treasurer pare state^-" to prepare and deliver to the Clerk of Council, before the first ce!pts° ^^' day of July in each year, beginning with the year 1908, an ac- curate detailed statement of all receipts of the City of Wil- mington from every source whatsoever during the preceding year. City Auditor Sec. 2. That it shall be the dutv of the Citv Auditor to to prepare statement prepare and deliver to the Clerk of Council on or before the of expen- ditures, thirty-first day of July in each year, beginning with the year 1908, an accurate detailed statement of all expenditures of the said city for every purpose whatsoever during the preceding fiscal year, arranged under the headings of the several appro- priations for said fiscal year. Clerk of Sec. 3. That it shall be the duty of the Clerk of Council publish within thirty days after the receipt of the statements required emen s. -^^^^ Sections 1 and 2 of this ordinance, to cause the same to be published in pamphlet form and in such numbers as will best inform the public of the facts contained in such statements, and it shall be the further duty of said Clerk of Council to cause said statements to be distributed among the taxpayers of the city. Failure to Sec. 4. That the failure or refusal of the City Treasurer, perform , _ , . duties a mis- Citv Auditor or Clerk of Council to perform the duties herebv demeanor. . ' ^ - imposed shall be deemed a misdemeanor, and be punished hy a fine at the discretion of the trial court. Conviction of such an offence shall operate to remove the offender from ofi&ce and render him ineligible to hold any position as an official or em- ploye of the City of Wilmington for a period of five years from the date of such conviction. Sec. 5. That all ordinances or parts of ordinances incon- sistent herewith are hereby repealed. Approved September 14, 1907. ORDINxS^NCES. 989 AX OEDIXAXCE making appropriations for the expenses of the City of Wilmington for the fiscal year heginning on the first day of July A. D. 1909, and ending on the thir- tieth day of June, A. D. 1910. Be it ordained, by the Council of Wilmington. Section 1. That the sum of one million fifty -five thou- sand one hundred and thirty-one dollars $1,055,131.00) be and the same is hereby appropriated for the expenses of the city government for the fiscal year beginning on the first day of Jul}', A. D. 1909, and ending on the thirtieth day of June, A. D. 1910, specified and arranged under the following heads and items, to wit : EXPENDITURES. Interest $ 133,574.50 Sinking Fund 50,900.00 Redemption of Loans 3,500.00 Board of Education 221,609.96 Board of Education— New Schools 20,000.00 Street and Sewer Department 195,000.00 Salaries 35,000.00 Fire Department 65,000.00 Inc. and Misc 8,000.00 Police Department 103,500.00 Public Building 5,000.00 Printing and Stationery 2,500.00 Board of Health 7,500.00 Board of Health— Special 1,000.00 Park Commissioners 18,000.00 Public Square 1,000.00 Garbage 16,264.65 Crematory 3,800.00 "Wilmington Institute Free Library 12,414.48 Police Committee 2,500.00 Police Pension Fund 2,000.00 Board of Water Commissioners 120,000.00 Harbor Improvements 6,567.41 Tax Office 15,000.00 . 990 ORDINANCES. Fuel for Poor 3,500.00 City Election 2,000.00 $1,055,131.00 Approved June 10, 1909. PART V Resolutions OF THE Board of Directors OF THE Street and Sewer Department RESOLUTIONS. 993 EESOLUTIONS OF THE BOARD OF DIRECTORS OF THE STREET AND SEWER DEPARTMENT, As Amended and in Force December 31st, A. D. 1909. Page 1. Placing Signs on Poles or 22. Trees 994 2. Regulating the Planting of 23. Trees 995 3. To Protect Grass Plots 24. Between Curb and Prop- erty Lines 995 4. Transferring Gilpin Ave- nue Tree Fund 996 j 25. 5. Provisions Relating to Gil- pin Avenue 996 ' 26. 6. Waste Paper and Rubbish Vessels 997 27. 7. Providing for the Removal 28. of Rubbish and Ashes...*. 998 29. 8. Concerning Hand-bills, Circulars, Dirt or Ashes.. 999 30. 9. Spitting in Certain Places 1000 31. 10. Deposits of Building Ma- terial 1001 32. 11. Opening Beds of Streets.. 1004 12. Rates for Permits to Open 33. Streets 1005 13. Declaring Defective Side- walks a Nuisance 1006 34. 14. Unpaved Spaces of Side- walks 1007 35. 15. Regulating the Construc- tion of Cement Sidewalks 36. and Curbs 1008 16. Fixing the Price of Curb- 37. stones 1010 17. Curb Corners 1010 38. 18. Setting Curbstones 1011 19. Regulating Street Mar- 39. kets 1012 I 20. Permission to Use Street 40. Markets 1012 21. Market for Christmas 41. Trees 1013 Page Regulating the Erection of Bay Windows, &c 1013 Prohibiting the Construc- tion of Cellar Ways, V / Penalty. two (2) dollars for each and every offence. Provided, that nothing herein contained shall be held to Exception as apply to the distribution of the latest issue of newspapers, ad- papers, &c. dressed envelopes, or regularly published magazines or period- icals. Sec. 2. If any person shall place or cause to be placed on fj^es" dirt, any public street in this city any ashes, dirt, rubbish, offal or pu{)'ifc"street other thing, except as prescribed and allowed by the ordi- ^ nuisance. nances of the city, such person or persons shall be deemed guilty of a common nuisance and shall forfeit and pay a fine not exceeding five dollars and an additional fine not exceeding penalty, five dollars for every twenty-four hours that such nuisance is continued, provided, that persons in removing any article or substance from their premises may place the same on the street, between the curb lines, temporarily if such article or Exception, substance be not offensive, and shall remove it therefrom be- fore night of the same day on which it was placed on the street; provided, further, that this resolution does not alter or 1000 EESOLUTIONS. Further exception. affect the ordinances concerning nuisances injurious to the health of the city. Sec. 3. This resolution shall not be construed to interfere in any manner with the regulations concerning ashes and rub- bish placed on the sidewalks for collection by the city. Sec. 4. All ordinances or resolutions or parts of the same inconsistent herewith are hereby repealed. Adopted May 14, 1907. ^A RESOLUTION to prevent spitting in certain puhlic places in the City of Wilmington. Be it resolved, by the Board of Directors of the Street and Sewer Department of the City of Wilmington, Delaware : Section 1. It shall be unlawful on and after the passage sMewans°'^ of this resolution for any person to spit on the sidewalk, cross- prohibited, walk or footway of any public street in the City of Wilming- ton, Delaware. Definition. Sec. 2. The term spitting as referred to in this resolution shall be defined as follows : The act of expelling anything from the chest, throat, mouth or nose. Sec. 3. Any violation of this resolution shall be punish- able by a fine of not less than one dollar nor more than five dollars for the first offence and not less than two dollars nor more than five dollars for each succeeding offence. Penalty. Adopted November 12, 1907. 1. See ordinance passed Oct. 26, 1907, p. 764 of this volume. RESOLUTIONS. 1001 RULES AND REGULATIONS concerning deposits of huild- ing material in the streets. Be it resolved, by the Board of Directors of the Street and Sewer Department, as folloMS : Section 1. No person or persons shall deposit or place in Deposit of any street, lane or alley or other public place of this" city, any teriai in materials to be used in the erection, alteration or repair of hib1te(L^°' any house, building or structure or for any other purpose, without a permit having been obtained therefor from the Board. '^°™ Board of Directors of the Street and Sewer Department, as hereinafter provided. Sec. 2. Any person who has obtained from the Building persons hav- Inspector of this city a license for the erection, alteration or fTOrn Buiid- repair of any house, building or structure in this city, or any tormust^^ other person who shall have occasion to deposit material for Board. ° building or other proper purposes in any street, lane or alley of this city, shall apply to the Board of Directors of the Street and Sewer Department for a written permit, and thereupon the Secretary of said Directors may issue a written permit to use a part, therein stated, of said street, lane or alley, for a . , -,. • ,1 1 • 1 • n 'i 1 Permit for period not exceeding six months which said permit may be re- six months. newed on like application until such house, building or struc- Renewal. ture, or other work shall have been completed. But it shall not be lawful for anj^ person to whom such permit shall be granted to use or occupy any portion of said street ex- cept immediatelv in front of the lot on which said house, build- ' 1-11 i? 1 Consent of mg or structure is to be erected, without the consent of the property owners be- o\\Tiers of the adjacent property, or to use or occupy more fore using than one-third of the width of the said street between the curb property? lines. .AH material not required in the rebuilding operations must be immediatelv removed. The permanent storage of Permanent building or other materials on the streets will not be permit- storage pro- ' . hibited. ted. Sec. 3. The sidewalk in front of said premises shall be sidewalks 11- P TIP 1- T-ii rnust be kept at all times tree and clear tor pedestrians, and suitable clear. 1002 RESOLUTIONS. provisions maintained when the same is removed for altera- tions or other purposes. Sec. 4. The material shall occupy a space of uniform width ; and brick jind stone piled solid shall not exceed eight (8) feet in height, nor shall the same be placed within three (3) feet of any railroad track, nor within four (4) feet of any city lamp post or ten (10) feet of any fire hydrant, nor so must not be placed as to obstruct the free flowage of water along the gut- an obstruc- . „ „ . o o tion. ter m front of anv property or inlets to sewers. Space occu- pied must be uniform. Materials Light must be placed at night. Sec. 5. In all cases, suitable and sufficient lights^ are to b 3 placed upon such building materials at twilight in the even- ing, and the same are to be kept burning all night and every night until such building or other materials are removed from such street. Fences Sec. 6. Fences must be erected to guard excavations and ca%^tions'." to prevent pedestrians from falling into the excavations. Streets must ^^^- ""^ • ^^^^ streets adjacent to the operations shall be dai?''^^"^*^ cleaned each day hy the party or parties in charge of such op- erations, of all waste, dirt, droppings from carts and build- ing debris. Permit is conditional. The Mayor and Council to be in- demnified. Sec. 8. The permit is issued conditional that all material and obstructions shall be removed from the street within six hours after notice is served. In case of any street opening, or repairing or laying of water pipes, gas pipes, sewers, subways or other improvements or alterations, the permit is hereby re- voked, and all material must be immediately removed without further notice. The party to whom the permit is issued, takes and accepts such permit subject to these conditions, and the condition that the said party shall and will save ' ' The Mayor and Council of Wilmington," Delaware, its successor or as- signs, harmless, of and from all actions, suits, controversies, 1. See ordinance passed March 24, 18S2. p. 949 of this volume. See p. 1002 this volume. See Sec. 34 of Resolution passed March 26, 1901. p. 1052 of this volume. RESOLUTIONS. 1003 claims and demauds "whatsoever which may be brought or made against the said corporation by any person or persons for or on account of any damage or injury they may have re- ceived or sustained through or by reason of any carelessness, neglect, want of skill, or of any act or omission on the part of the party accepting such permit. Sec. 9. Anv violation of the ordinances relating to bar- violation of conditions riers, erection of fences, placing sufficient lights to prevent ac- to cause re- "' . " . . vocation. cidents. or failure to comply with the above conditions, or either of them, will be sufficient cause for revocation of the permit, and the commencement of proceedings to recover pen- alties for the violation of the same. Sec. 10. If any person shall deposit any materials for building or other purposes in any street, lane or alley of this city without a permit having been granted therefor as herein provided, upon conviction thereof before the Municipal Court of this city shall forfeit and pay a fine of twenty-five dollars. Penalty, besides the costs of suit. Sec. 11. If any person shall suffer any building or other materials to be and remain in any street, lane or alley of this ^^ifaitieT^ city after the permit therefor shall have expired ; or shall neg- lect or refuse to place and maintain red lights on deposits of such building or other material as herein provided ; or shall neglect to surround and inclose such deposits with proper and sufficient safeguards or barriers against accidents ; or shall violate any of the provisions of these rules and regulations, upon conviction thereof before the Municipal Court, every one so offending shall forfeit and pav a fine of ten dollars besides . n • , " Penalty, costs 01 suit. Sec. 12. All ordinances or resolutions or parts of ordi- nances or resolutions (including all ordinances and parts of ordinances heretofore passed by the City Council and now in force) inconsistent herewith are hereby repealed. Adopted February 1, 1898. 1004 RESOLUTIONS. Preamble. Permit. Responsi- bility for accidents. ^A RESOLUTION relative to the opening of heds of streets. Whereas, The digging up of the streets for the purpose of laying private water pipes from mains in streets and for making connections with sewers, and for repairing said pipes by plumbers or other persons is the cause of a number of holes and depressions in our streets for which there seems to be no one responsible; (^) therefore he it resolved: (a) The city is "responsible," if one be injured from defective streets, — and also as to sidewalks if the defective condition thereof was ' ' caused by the city or any of its authorized agents. ' ' See Sees. 120 and 121 of the Charter and notes thereto. Section 1. That hereafter any person or persons wishing to open the bed of a street or streets for either or all of the above named purposes, or for any purpose whatever, shall first obtain a permit from this department by making application in writing on blanks to be furnished by this department, in which the applicant shall make himself responsible for any and all accidents (^) which maj'' be caused by the opening of said street or streets, and shall furthermore agree to fill in and thoroughly ram (c) the excavations of said opening and relay pavement of said street or streets, and immediately put said street or streets in as good condition as they were before being opened, (&) The city should take bonds of indemnity from plumbers an'd others, tearing up. the streets, for, whatever remedy it may have over against such plumbers and others, for negligence, &c., it (the city) is liable to persons injured by such negligence. See the case of Anderson & Son vs. Wil., 8 Houst. 516 at 526-7. (yr. 1889) See Sec. 1 "b, " p. 950 of this volume. (c) See the cases of Kent vs. Wil., 7 Houst. 397. (yr. 1886), and Schelich vs. Wil., 1 Boyce 57. (yr. 1909) (Damage suit cases arising out of an impropei' ramming of street beds.) Deposit. Amount. Sec. 2. And furthermore the applicant shall make a de- posit with this department of fifty cents for each and every square yard of street or streets which he is permitted to open, to the extent of ten square yards, and for all openings in ex- 1. See provision of a resolution adopted March 26, 1901, as to restor- ing street to former condition, p. 1052 of this volume. RESOLUTIONS. 1005 cess of ten square yards, he shall make au extra deposit the amount of which will be fixed at the discretion of the Street Commissioner. Sec. 3. The above named deposit shall be held by this department until said street or streets are reported by the Street Commissioner to be in good condition. Sec. 4. If the above named conditions are not complied with the repairs are to be immediately made by the Street Commissioner and the expense of said work deducted from the amount of said deposit and the balance if any, refunded. Sec. 5. All ordinances and resolutions or parts of the , same inconsistent herewith are hereby superseded. Adopted July 9, 1889. A RESOLUTION fixing rates to he charged for permits for opening streets. Section 1. That the following rates are hereby fixed by this department for the government of charges for permits for opening streets : For each lineal foot of six inch terra cotta pipe laid from pipg*^ ^°^^^ sewer to curb line, the sum of sixty (60) cents including the excavation and filling of trench, furnishing of materials and laying of pipe. For each square yard of vitrified brick pavement the sum Brick, of one (1) dollar. For each square yard of bitulithic pavement, the sum of •^^'•^^^en't three (3) dollars. For each square yard of sheet asphalt pavement, the sum Asphalt. of three (3) dollars. For each square yard of street with macadam or telford ^^c^<^^™- pavement, the sum of one (1) dollar. 1006 RESOLUTIONS. Granite. Rubble. Concrete pavement. Macadam. For each square yard of street with granite block pave- ment, the sum of one (1) dollar. For each square yard of street with rubble stone pave- ment, the sum of one (1) dollar. For each square yard of street with Portland cement con- crete pavement, the sum of two (2) dollars. For each square yard of street with bituminous macadam pavement, the sum of two (2) dollars. For each square yard of street without pavement, the sum of twenty-five (25) cents. In addition to the above charges, in cases where the foun- dation under brick pavement is of concrete, a charge of sev- enty-five (75) cents per square j^ard shall be added to the above charge for brick pavement, and in eases where joints are of tar, a charge of twenty-five (25) cents per square yard shall be added to the above charges. ^har^es"^^ In addition to the above charges for laying six inch terra cotta pipe, in work where rock is encountered in the excava- tion, the actual cost of removing rock shall be added to the above charges. • For inspection the sum of forty (40) cents per hour. Adopted August 17, 1909. A RESOLUTION declaring defective sidewalks to he a nui- sance. Be it resolved, by the Board of Directors of the Street and Sewer Department : Defective SECTION 1. That every sidewalk or footway in the City a nuisance, of Wilmington by law required to be paved, which shall be- come uneven, rough, or in which there shall be holes caused bv the wear or removal of the material of which it is com- RESOLUTIONS. 1007 posed ; or in which there shall be loose bricks ; or which shall become broken or thrown into ridges or forced out of its nor- mal position by trees, tree roots or frost, or, in the judgment of the Street and Sewer Department, shall be unfit for use as a footway or passage by reason of being covered with weeds, mud, dirt, filth or other objectionable matter or is out of proper condition from any other cause, natural or artificial, the same shall thereby be and become and is hereby declared to be a nuisance, and any person or corporation o-wTiing, or agent in charge of, the premises abutting on said defective sidewalk or footway, and allowing the said defects to con- tinue, («) shall be deemed guilty of a nuisance, and shall, upon conviction thereof in the iMunicipal Court of the City of ma'inta^ning AVilmington, be punished by a fine of not less than two norsance""^ more than ten dollars, for every twenty-four hours that such nuisance continues. («) This Resolution makes one subject to a fine for maintaining, among other things, a defective sidewalk. If the defective condition thereof be not "caused by the city or a-ny of its authorized agents," and the owner neglect to repair the same, after notice to do so by the Street and Sewer Department, he will also be liable in damages to one injured by reason thereof. Fleith vs. Cunningham, (yr. 1908) unreported. Cont. Dock. I, p. 516. See Sec. 121 "a." par. .3 of the Charter. Sec. 2. All ordinances, resolutions or parts thereof incon- sistent herewith are hereby repealed. Adopted March 26, 1907. A RESOLUTION concer)ung the unpaved spaces of sidewalks in the City of Wilmington. Be it resolved, by the Board of Directors of the Street and Sewer Department : Section 1. That no person or persons shall trespass upon, injuring of cut, break or in anywise injure or deface the grass, plants or piants°pro- trees on the unpaved parts of the spaces between the curb ^''''*®'^' lines and the property lines of any sidewalk in the City of Wil- mington. Sec. 2. Any person violating the above resolution shall, upon conviction thereof, before the Municipal Court, pay a 1008 Penalty. RESOLUTIONS. fine not exceeding five dollars ($5.00) for each and every of- fence. Adopted July 28, 1896. Duties of clerk. Salary. Bond. ^A RESOLUTION to employ an assistant clerk. Be it resolved, that this board employ an Assistant Clerk for this department, whose duties shall be to assist the Secre- tary, and make collections of liens and other claims due the city, and make daily reports of the same to the Secretarj^ He will be employed by the month, the salary to be sixty dollars per month, and will be required to give bond with approved security in the sum of one thousand dollars. Adopted March 30, 1892. Sidewalks in front of im- proved prop- erty to be of Portland ce- ment con- crete. A RESOLUTION providing regulations to govern the con- struction of cement sidewalks and cement concrete curb, within the limits of the City of Wilmington, Delaivare. Be it resolved, by the Board of Directors of the Street and Sewer Department of the City of Wilmington, Delaware: Section 1. That from and after the passage of this reso- lution all new sidewalks to be laid on the streets of the City of Wilmington, in front of property whereon is erected any dwelling house, office, place of business, railing, fence, stone or brick wall, or permanent structure of any kind, shall be of Portland cement concrete, and the repairing, renewing or al- tering of any and all sidewalks constructed and laid on the streets of the City of Wilmington at the time of the passage of this resolution, when the repairs, renewals or alterations re- 1. The Board of Directors of the Street and Sewer Department by resolution adopted May 1, 1900, provided that the bookkeeper should be known as "Assistant Secretary." See page 1034 of this volume. RESOLUTIONS. 1009 quire the use or removal of at least two-thirds (f ) of the ma- ,^l^,t" ^i" terial composing the surface of the sidewalks to be repaired, ^a{{f ig^t'cfbe renewed or altered, shall be repaired, renewed or altered by cement'co*^- laying a Portland cement concrete sidewalk, and all Portland crete. cement concrete sidewalks shall be constructed in accordance with specifications and plans approved by the Street and Sewer Department. Sec. 2. Cement concrete curb may be constructed only „ „ Portland ce- upon application to and by the approval of the Street and ment con- Sewer Department, and upon approval of the Street and may be laid Sewer Department of any such application, a certificate to provai of that effect shall be issued to the Chief Engineer and Surveyor sewer De- by the Street Commissioner. The applicant shall conform to all rules and regulations of the Department of Engineering and Surveying relating to the setting of curb. Sec. 3. The construction of all such sidewalk and curb street com- shall be subject to the supervision and approval of the Street ^perv^se ^^ Commissioner. work. Whenever a sidewalk is to be laid, repaired, renewed or permits shall altered, a permit therefor shall be issued by the Street Com- for aii^work. missioner without charge, upon application of the owner or owners of property abutting the sidewalk to be laid, repaired, renewed or altered, and no sidewalk shall be laid, repaired, re- newed or altered without a permit has been issued as afore- said. Sec. 4. Upon completion of the construction of all such Upon com- . -, ,, . pletion, in- sidewall?; and curb, an inspection shall be made by the Street spection by ^ • • 1 -J. j> T • -, ■ . street Com- Commissioner, and it found m accordance with the provisions missioner. of this resolution, he shall issue a certificate to that effect to the applicant, but if found otherwise Section 5 of this resolu- tion shall govern. Sec. 5. Any person or persons, agent, company, corpora- tion or concern violating any of the provisions of this resolu- ^ „. , •^ '■ Penalties for tion shall be subject to a penalty equivalent to one dollar for violations. each square yard of sidewalk and fifty cents for each lineal 1010 RESOLUTIONS. foot of curb, laid in violation of this resolution. The same to be recovered and collected at the suit of a member or officers of the Street and Sewer Department upon conviction before the Municipal Court of the said City of Wilmington. Sec. 6. This resolution is passed subject to all the re- quirements of the City Charter relating to the setting of curb and laying of sidewalks. Sec. 7. All ordinances or resolutions or parts of the same inconsistent herewith be and the same are hereby superseded. Adopted March 23, 1909. A RESOLUTION fixing price for furnisJiing and setting curb stones. Ra,t© of curb lines. Kesolved, That the charges for curb stone set by the Street and Sewer Department, within the limits of the city, shall be liened against the abutting property at the rate of sixty-five cents (65c) per lineal foot. Adopted May 12, 1896. A RESOLUTION in relation to curved cwh corners at inter- sections of streets in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department : Section 1. That from and after the passage of this reso- lution the sidewalks at all street corners where curb is to be Radius of set, shall be bounded by curb cut to a radius of such length as curvGd curias determined shall be determined by the Board of Directors of the Street and Sewer Department, at the time that permission is granted or orders given to set such curb. Sec. 2. That all ordinances or resolutions or parts of the same inconsistent herewith, be and the same are hereby super- seded. Adopted September 17, 1895. RESOLUTIONS. 1011 A RESOLUTION in relation to setting or resetting cnrh stone within the limits of the city. Be it resolved, by the Board of Directors of the Street and Sewer Department of the City of Wihnington : , Section 1. From and after the passage of this resolu- tion, all curb stone which may be set or reset within the limits ^f ^u,?^^'°"^ of this city shall be at least five (5) feet in length, twenty-two stones. (22) inches in depth and five (5) inches in thickness, and to be of uniform width and thickness. The faces and edges of the stone must be straight, even, and their ends so finished that they may be set closely against each other for at least half their depth, and smooth on the face to a depth of twelve (12) inches so that gutter stone may be set closely against them, also smooth on back to a depth of four (4) to six (6) inches so that pavement may be set closely against them, and the top cut with a wash to suit grade of pavement. New curb after deliv- New curb ery on street shall be inspected by an authorized officer of this spe i > > withdrawn, cited be and the same is hereby ratified, readopted, approved and confirmed and that all the unused permits, consents, fran- chises and authorities heretofore given or granted to any rail- way company as an unlimited permit to occupy or use any . street, lane, alley, avenue or public way in this city, which has not heretofore been utilized or of which such company has not availed itself be and the same are hereby withdrawn, re- scinded, revoked, annulled and made void, with the same effect as if the same had never been passed, granted or given. («) (a) See note "a," page 1031 of this volume. Adopted April 4, 1905. ■ A RESOLUTION requiring railway companies to lay tracks on streets for which franchise rights are held. Whereas, The Board of Directors of the Street and Sewer Department did grant to the several railway companies hereinafter mentioned, by good and sufficient resolutions adopted, franchise privileges to lay tracks and operate street railways on, through and along certain streets, said railways to be constructed and operated upon notice from the Directors of the Street and Sewer Department to said railway com- panies so to do, and Whereas, It is now demanded by, and deemed to be for the best interests of our municipality, and .its citizens that such railway franchise privileges be carried out to the fulfill- ment of the object of increasing street railway transportation, therefore be it Resolved, By the Board of Directors of the Street and City Rail- Sewer Department of Wilmington, Delaware, that the "Wil- way Co. and ^ o ; ; unio* Street ^^i^g'^on City Railway Company" and the "Front and Union Railway Co. Street Railway Company" be and they are hereby severally directed to ^ r- ^ ^ p . construct directed to construct and operate, as per teriiLs of divers reso- and operate ^ ' certain rail- lutions, railway lines on Washington street between Delaware way lines. ? ^ -r-> t-. i avenue and Elliott (now Concord) avenue, DuPont street be- tween Fourth street and Delaware avenue, and also from Lan- Wilmington RESOLUTIONS. 1033 caster avenue (formerly Front street) northerly along Dn- Pont street to Fourth street, and also northerly along Walniit street from Front street to Fifth street, thence along Fifth street to Church street, and thence northerly along Church street to Eighth street, and also along Vandever avenue from Claymont street to Market street, within six months from and after the expiration of two days from and after the date of the adoption of this resolution. Adopted September 25, 1900. A RESOLUTION regulating the leasing of the wharf prop- erty at foot of Church and Front streets on the Christiana river. Section 1. The wharf property at the foot of Church certain and Front streets on the Christiana river shall be exempt from ^prfrom the provisions of an ordinance, entitled "An ordinance regu- of T ce'rtain lating the leasing of all wharf property in the City of Wil- mington," passed February 9th, A. D. 1871, by the Council of Wilmington. Sec. 2. All ordinances or resolutions inconsistent here- with be and the same are hereby repealed. Adopted March 31, 1893. ordinance. RESOLUTION dividing the city into districts. Whereas, Owing to the extended boundaries of our city, it is deemed to be in the interest of increased efficiency, in the matter of the care of our public streets, that the city be di- vided into districts, therefore Be it resolved, by the Board of Directors of the Street and Sewer Department of the City of WiLmington, Delaware : Section 1. That from and after the first day of the ^.. ,. ., ^ •^ City divided month of May, A. D. 1899, the City of Wilmington shall be j/j^^^f^jy sub-divided into four districts, each one in charge of Super- each in ^ ^ charge of a visor, under the direction of the Street Commissioner. Supervisor. Sec. 2. All that section of the city being and lying south Boundaries of and including Eighth street and east of and including trict.'^^ Washington street, shall be known as the First district. 1034 RESOLUTIONS. Sec. 3. All that section of the city being and lying north Boundaries of Second District. Qf Eighth street and east of and including Washington street shall be known as the Second district. Boundaries g^^. 4. All that section of the city being and lying south District. Qf Eighth street and west of Washington street shall be known as the Third district. Boundaries Sec. 5. All that scction of the citv being and lying north of Fourth District. of and including Eighth street and west of Washington street shall be known as the Fourth district. Duties of Supervisors. Daily reports. Sec. 6. Supervisors appointed for the districts herein men- tioned shall daily patrol their respective sections and see that the streets and gutters are kept clean and in good condition and repair, and to perform such other duties properly brought to notice. They will be furnished with a list of permits issued by the Department for the opening and use of streets, and shall enforce the regulations concerning such. Supervisors shall make daily reports to the Directors, through the Street Commissioner, of all work performed, its character and loca- tion and such other information pertinent. Investigate Sec. 7. In the cvcut of an accident happening, the Super- accidents. ... visor of such district must make thorough investigation and report through the Street Commissioner all particulars con- cerning same, together with names and addresses of witnesses thereto. Adopted April 25, 1899. Office of bookkeeper and assist- ant secre- tary com- bined. Bookkeeper to he Assistant Secretary. Be it resolved, by the Board of Directors of the Street and Sewer Department, that the offices of bookkeeper and as- sistant to the Secretary of the Department shall be immedi- ately combined and the present bookkeeper shall perform the duties of such combined offices and shall be known as the "As- sistant Secretary." RESOLUTIONS. 1035 All resolutions or parts of same inconsistent herewith shall be and the same are hereby superseded. Adopted May 1, 1900. ^A KESOLUTION in relation to the engineers employed by the Street and Sewer Departme^it of Wilmington. That it shall employ an engineer who shall have charge of ^ . . . . . Engineers all sewer work in said citv, and shall be known as Engineer in jn charge of . Sewers. Charge of Sewers. It shall also employ one or more engineers who shall assist the Engineer in Charge of Sewers in carrying out all orders of said board. The term of office of said engineers shall commence on the Term of first day of February, 1892, and continue until they are dis- charged by said board upon proof of incompetency or neglect of duties either in field or office, or for other sufficient reasons. The salary of the Engineer in Charge of Sewers shall be Amendment [eighteen] hundred dollars per year, payable monthly; the of Mar°ch^'°" salary of the Second Engineer in Charge of Sewers shall be ^^' "^^^^" one thousand and eighty dollars per year, payable monthly, salary. Each engineer shall act in conjunction with the Chief En- Duties of '^ " , engmeers. gineer of the city in the care and maintenance of all instru- ments, maps, plans, drawings, records and books relating to the surveys, regulations and grades of all culverts and sewers of the city; and before entering upon the duties of his office, he shall make oath or affirmation before the City Judge or the Oath. IMayor that he will faithfull}^ discharge the duties of his office, as the same are or may hereafter be lawfully defined. And each said engineer shall, before entering upon said office, execute a bond with two securities to be approved by the Board of Directors aforesaid in the sum of two thousand dol- lars, conditioned for the pajmient of an}' damages which may 1. By ordniance of February 10, 1910, the engineering force was in- creased and the salaries readjusted. This ordinance is not included here because this volume is compiled to Dec. 31, 1909. 1036 RESOLUTIONS. be sustained or incurred for, or in consequence of any mistake or error made by him in giving the line or lines, grade or grades, which he may survey by virtue of his office ; provided, that the same shall not be recoverable unless prosecuted dur- ing his term of office, or within one year after the expiration thereof. That the resolution of this board passed March 7th, 1890, and all other ordinances or resolutions, or parts of ordinances or resolutions inconsistent herewith be and the same are here- by repealed and made null and void. Adopted February 16, 1892. A RESOLUTION to create a Pliimhing Inspector for the City of Wilmingto7i and to provide rules and regulations rela- tive to plumhi7ig and drain laying, in accordance with an Act of the Legislature. Be it resolved, by the Board of Directors of the Street and Sewer Department : To appoint a Plumbing Inspector. Present in- cumbent. Term of office. Section 1. That the said Board shall appoint some suit- able person to fill the office of Plumbing Inspector for the City of Wilmington, who shall possess all the qualifications herein- after provided and whose duty it shall be to see that all the rules («) and regulations by this resolution prescribed, are properly carried into effect. The present incumbent is hereby continued under provisions of the succeeding paragraph. (a) As to the legal meaning of the word "rules," see the case of Morris et al vs. Pilot Corns., 7 Del. Ch. p. 136. (yr. 1894) See 76 "a" of the Charter. The Plumbing Inspector hereby appointed shall hold of- fice until the position shall be declared vacant by the Board of Directors of the Street and SeM^er Department, and a notice of such action to the incumbent shall be sufficient to terminate his service. Who eligible Sec. 2. No pcrson shall be eligible for the office of Plumb- fnginspec- ing Inspector, unless he has had five years practical experi- ^°^' ence as a journeyman plumber, and has been a resident citizen RESOLUTIONS. 1037 of the City of Wilmington for an unbroken period of five years preceding his appointment as Plumbing Inspector. The Plumbing Inspector, before entering on his duties, shall make oath («) or affirmation before the Mayor of the City of Wil- mington that he will faithfully enforce the rules and regula- tions governing plumbing and drain laying. He shall also give bond to the Mayor and Council of Wilmington, in good free- Bond, hold security, in the sum of two thousand dollars ($2,000) for the faithful performance of his duties as prescribed by this resolution. He shall receive for his services a salary of fifteen salary. hundred dollars ($1,500) per annum, payable monthly. He shall be charged with the inspection of all plumbing in all buildings, and the ventilation of all water closets, cesspools, soil pipes, drain, waste and ventilating pipes from all sanitary .fixtures that may be placed in house or houses, building or buildings, of any description, that may be erected, altered or changed, in the City of Wilmington, after the passage of this resolution. He shall make two inspections, or more if neces- "*'®^- sary, of all plumbing work in new buildings, and of all altera- tions or additions to the plumbing in old buildings. The first inspection shall include all soil, waste, drain and vent pipes, and the second inspection shall include all soil, waste, drain and vent pipes, all fixtures and their connections to soil, wa^te, drain and vent pipes. He shall, as far as may be necesasry for the performance of his duties, and for the maintenance of the health of the citizens of Wilmington, have the right to en- Right to ter any building or premises in the city limits. He shall have ings. the right to order the removal of any plumbing fixtures, soil, drain or waste pipes that are in an unsanitary condition. Any person who shall interfere with him in the performance of terference. such duties shall be liable to a fine of not less than $10 nor more than $20, for each offense. The Plumbing Inspector shall not engage in the occupation of plumbing directlj^ or in- in plumbing directly while holding office. (a) The above oath is not sufficient. ' ' Every officer of the city, before he enters upon the duties of his office, ' ' must take the oath prescribed in Sec. 5 of the Charter. Sec. 3. Everj- person, firm or corporation desiring to en- ^^pfy'^or' gage in the business of plumbing in the City of Wilmington as ^lu^ber's license. 1038 RESOLUTIONS. Application to be filed in writing. Board of Di- rectors may grant li- cense. License fee. a master or employing plumber, in connection with the public or private sewers, gutters or water courses of the City of Wil- mington, shall file in the office of the Street and Sewer De- partment an application in writing, giving his name, resi- dence, place of business and number of years he has worked at plumbing, in case of an application of an individual. In case of a firm the application shall state the name, residence of each person constituting said firm, place of business of said firm, and number of years each member of said firm has worked at plumbing. In the case of a corporation the application shall state place of business, name of corporation, name and resi- dence of president, name and residence of the member or members of the corporation who are practical plumbers, and state number of years he or they have worked at plumbing. Each applicant shall ask for a license as a master plumber. If the Board of Directors of the Street and Sewer Department shall be satisfied of the applicant's skill and responsibility to carry on the business as applied for in accordance with the rules and regulations of said board, they may grant such li- censes. And for every such license to carry on the business of master plumber the applicant shall pay to the Board of Direc- tors for the use of the city the sum of $5. Only com- petent per- sons can be licensed. License ex- pire Dec. 31. No license shall be granted to carry on the business of master or employing plumber to any indi\ddual nor to any firm or corporation unless they can show to the satisfaction of the Board of Directors of the Street and Sewer Department, that they are competent to fulfill all the requirements neces- sary to do plumbing work in a sanitary manner. No licenses shall be granted for more than one year, and all licenses shall expire on the 31st day of December of each year. Only li- censed per- sons can en- gage in busi- ness. Sec. 4. No person other than a licensed plumber shall be allowed to carry on or engage in the business of plumbing in the City of Wilmington, or make any connection with any sewer, drain, soil, waste pipe or water course, or any pipe or fixture connected with the plumbing of any house, houses, building or buildings in the City of Wilmington. Provided, that nothing in this resolution shall prevent any firm or cor- poration regularly employing journeymen plumbers from do- RESOLUTIONS. 1039 ing any work of this kind on and within the buildino; line of Persons not ° "^ ° licensed can the premises in which they are permanently conducting their ^^ 7^^°^^ '^^ business, if they have first deposited with the Secretary of the p''®'!'^^®^ i* ' "^ ^ _ "^ bond IS de- Street and Sewer Department an approved bond in the sum posited. of one thousand dollars ($1,000) ; conditioned the same as re- quired for master plumbers. Sec. 5. [Upon receiving a license as master plumber, the resolution of person, firm or corporation to whom the same is issued shall sewer De- deposit the sum of twenty-five dollars with the Board of Di- Dec. 26, i905. rectors of the Street and Sewer Department for the uses and Eoa^d of^i^ purposes hereinafter specified, and shall execute and deliver ""^^tors $25. ^ ^ IT 7 Amended by to the Secretary of said Board, a good and satisfactory surety resolution of •^ J 3 ..•'"' Of Street and bond executed bv the person, firm or corporation in whose Sewer De- partment, name the license is to be issued and a surety company to be ap- Jan. 22, 1907. proved by said Board, in the sum of one thousand dollars, ^i°oo1)°o in- conditioned that such person, firm or corporation and his or ^f^^"^^^ their surety or sureties shall indemnify and save harmless («) "The Mayor and Council of Wilmington" of and from all damage or loss incurred by the said ' ' The Mayor and Council of Wilmington, ' ' growing out of or in any way connected with the negligence of such person, firm or corporation, incident to the prosecution of work done under and by virtue of the au- thority contained in said license, and also for any cost or ex- pense incurred by the said "The Mayor and Council of Wil- mington ' ' in repairing, replacing or restoring any streets or ^treets^o pavements over any opening or excavation made by such li- d°tion.^ ^°^' censee, to a safe and workmanlike condition ; and a further condition to keep and maintain such street or pavement at the place where such work shall have been done in a safe and pass- able condition for the period of one year next thereafter the completion of such work.]^ (a) The city should take care that its bonds of indemnity be good, for it is liable in damages to one injured by the negligent acts of plumb- ers. For the time they are doing work in the streets, they are practically the agents of the city, and the city cannot shirk or shift its responsibility. Comegys, C. J.: " Under tlie authority of its charter, and the or- dinances passed in pursuance of legislative power, 1. See provisions of a Resolution relative to opening of beds of streets, adopted July 9, 1889, on p. 1004 of this volume. 1040 RESOLUTIONS. Register. it oftentimes authorizes by license, pariies not in its employ, to do cer- tain things; as for example * * to open the public streets and side- walks with trenches, to connect house-drains, water or gas pipes with the public mains in the street, taking from them, or having the power to take, indemnity to protect the city from suits or liabilities of any kind grow- ing out of the grant of such privilege," &c. (.526) As to its duty to keej) the streets in a reasonably safe condition, and that it cannot transfer this responsibility, the Court said : "It is as obligatory upon it as the payment of taxes uj^on an indi- vidual, and can neither be assigned nor transferred to individual parties, so as to relieve itself from such incident to its existence. ' ' Anderson & Son vs. Mayor and Council of Wil., 8 Houst. 516 at 527. (yr. 1889) All persons, firms or corporations receiving a license as master plumber, shall register with the Plumbing Inspector the location of their actual place of business, the name under which such business is conducted, and shall immediately notify the said Plumbing Inspector of any changes in either. They shall display in a conspicuoiLs manner in front of their place of business, a sign bearing the words "Licensed Plumber" in letters not less than three inches square. Boai'd may use deposit for repairs. Wlien to re- turn deposit. The Board of Directors of the Street and Sewer Depart- ment shall have authority to use any part, or the whole of the sum of twenty-five dollars deposited as hereinbefore provided, in making good any defective work in connection with open- ing streets or connecting with sewers, and any licensee under this Act shall on notice replace the amount so expended so as to keep the deposit up to the full sum of twenty-five dollars. At the expiration of said period of one year, such portion of said deposit as shall not have been expended as hereinbefore provided shall be returned by the said Board of Directors to the person, firm or corporation by whom the same was de- posited. ] Furr^l^h the g^c. 6. Before any portion of the plumbing and draining Inspector system of any building shall be constructed or reconstructed, with state- ^ ^ o ment and there shall be furnished to the Plumbing Inspector a descrip- plans before ox commencing tion or statement of the proposed work, together with a de- work. ^ tailed drawing showing the run of soil, dram, waste and ven- tilating pipes, signed by the plumber,- giving the number and kind of fixtures to be used in said work, the size and quality of soil, drain, waste and ventilating pipes to be used, and such RESOLUTIONS. 1041 other informatiou as will give the Inspector a complete knowl- ^t^'teme^^nt edge of the work to be done. The said statement and plan to '^ authority. be made in duplicate upon blanks to be provided by the Plumbing Inspector, and when approved by said Inspector such approval shall be endorsed on one copy of the statement and plan by the said Inspector and returned to the plumber as his authority for executing the work ; the other copy to be retained by the Plumbing Inspector. The work must be exe- cuted strictly in accordance with the approved statement and plan. Any alterations must receive the approval of the said Alterations Inspector. This regulation also applies to any extension or ^j-o^^d^ ^''' alterations of old Avork but does not apply to such work as can Regulations be properly classed under the head of repairs. The Plumbing ^'ork bSt°^'^ Inspector shall not approve any statement or plan of any """^ ""^p^""^- ■plumbing work requiring connections to be made w^th a public or private sewer («) until an application to connect with said pians for public or private sewer has been filed with the Directors of the noTtobe'ap- Street and Sewer Department; said application must be P^mit to-^^^ signed by a licensed master plumber, and made to comply with nt^t1on°is ' Section 27 of this resolution. .secured. (a) See Sec. 32 "a" of this Act. Sec. 7. The Plumbing Inspector shall be notified prompt- ^.^^^ notice ly by the plumber when the plumbing and drainage work of °|g^°'"^j. building or any portion thereof is completed and ready for in- inspection, spection and testing. All inspections and testings shall ^6 ^^^ ^^^^ ^.^j^_ made by the Inspector within twenty working hours from such in 20 hours. notification. Any such systems put in and covered without due notice to the Plumbing Inspector must be uncovered for Uncover examination at the direction of said Inspector. If the Plumb- work for in- ^ _ spection. ing Inspector should fail to make the inspection within twenty working hours the uncovering shall be done by the Inspector himself. Sec. 8. When the water closets of a building are to be Regulations connected to a sewer, cesspool or vault, they must be connected closets. wdth soil pipes not less than four inches in diameter for verti- cal pipes, or five inches in diameter for horizontal pipes; the Grades of latter to have a fall of not less than i of an inch to the foot, pipes. 1042 EESOLUTIONS. In solid ground use T. C. pipe. Kind of T. C. pipe. T. C. pipe not to be used within 5 ft.of foun- dation walls. Separate connections witli sewers for every building. All horizontal drains within and to a distance of five feet be- yond the walls of buildings shall be of cast or wrought iron, and shall be so located as to be readily accessible for inspec- tion. Outside of buildings where the soil is of sufficient solidity for a proper foundation c^dindrical terra cotta pipes of the best quality free from flaws, splints or cracks, perfectly burned and well salt glazed over the entire inner and outer surface, may be used, laid as required, but in no case shall terra cotta pipes be permitted within five (5) feet of any foun- dation wall or for extension to connect with rain water con- ductors, surface or air inlets — and each and every building shall be connected separately to a sewer, cesspool or water course. Soil pipe Should there be no Water closet within the building, the above roof °' 12 feet from ggil pipe leading from closet in yard shall extend above the wmdows or ^ ^ ° •' openings. poof of the building and at a point to be designated by the Plumbing Inspector, but in no case shall the vent pipe ter- minate ^vithin twelve feet of any window or other opening pi this or the adjoining building or buildings. Sizes of C. I. pipe under and above ground. Extra heavy C. I. pipe and weight of same. All pipes to be direct, accessible and pro- tected from frost. How placed in parti- tions, &c. Sec. 9. All cast or wrought iron pipes must be sound, free from holes, and when laid under ground shall have a uni- form thickness of not less than | of an inch ; when placed above ground said pipes shall have a uniform thickness of not less than ^ of an inch. Where the building is over sixty feet high above the curb, pipes of the following weights shall be used with extra heavy fittings: Two inch, five and one-half pounds per lineal foot; three inch, nine and one-half pounds per lineal foot; four inch, thirteen pounds per lineal foot; five inch, seventeen pounds per lineal foot; six inch, twenty pounds per lineal foot; seven inch, twenty-seven pounds per lineal foot; eight inch, thirty-three and one-half pounds per lineal foot ; ten inch, forty-five pounds per lineal foot ; twelve inch, fifty-four pounds per lineal foot. Sec. 10. All drain, soil, waste, vent and supply pipes shall be as direct and concentrated as possible, protected from frost and readily accessible for inspection and convenience in repairing. When necessarily placed within partitions or in re- RESOLUTIONS. 1043 cesses in walls, soil and waste pipes must never be covered ex- cept with woodwork, said woodwork to be so fastened with screws (never nails) as to be readily removed. use screws Sec. 11. Every vertical soil pipe, waste pipe and vent ^ ., pipe must be of cast or galvanized wrought iron or lead, and it and vent ^ ^ ° ° ' pipes to be must extend full size at least two feet above the roof, except in iron or lead, the case of flat roof tenement houses, in which case it shall ex- tend at least six feet above the roof, and in all cases such pipes ^^^^^ shall terminate at a point which shall be approved by the terminate. Plumbing Inspector. Each length shall be securely fastened, ^g^j^g^j and in case of each line of soil pipe it shall rest at its foot on a pier or foundation to prevent settling. All joints in case of fl^ie^^^nd^^ cast iron drain, soil or waste pipes must be so filled with ^^^j'^^^j •oakum and lead, and hand caulked as to make them gas tight, and the amount of lead used shall not be less than twelve ounces to each inch diameter of the pipe so connected. ^^ be 4 hlche^s* wrought iron pipe shall have gas tight screwed joints. All soil pipe shall be at least four inches in diameter. Sec. 12. There shall be no traps placed on vertical soil No traps. and waste pipes. All changes in direction in cast or wrought iron pipes shall be made with curved pipes, and all connec- tions with Y branches shall be made with sixth or eighth bends, bends. if possible. Sec. 13. Soil, Avaste and vent pipes in an extension must ^^ ^ . ' ^ ^ Vent pipes. be extended above the roof of the main building, when other- wise they would open within twelve feet of the window^s of the main house or the adjoining house. Sec. 14. Where lead pipe is used to connect fixtures with soil or waste pipes, or to connect traps with vent pipes, it shall d lead pipe, not be lighter than D pipe. .Connection to soil pipes for water closets, including hop- ^nnections*^ per closets shall be made with eight pound lead bends and how made, brass floor plates, which shall be soldered to said bend. The joint between the plates and the water closets shall be made 1044 RESOLUTIONS. with a rubber ring which shall be bolted to the closet and floor plate. Connections with lead and iron. Separate traps. Sec. 15. All connection of lead with iron pipes must be made with a brass sleeve or ferrule of the same size as the lead pipe, put in the hub of the branch of the iron pipe caulked with lead. The lead pipe must be attached to the ferrule by a wiped joint. Sec. 16. Every water closet, urinal, sink, basin, wash- tray, bath and everj^ tub or set of tubs and hydrant waste pipe must be separateh^ and effectively trapped; urinal platforms if connected to drain pipes must also be properly trapped and a supply of water so arranged as to alw^ays maintain the seal of said traps. In no case shall the waste from a bath tub or other fixture be connected with a water closet trap. Traps, how connected and vented. Overflow pipes. Refrigerator, Waste pipes, etc. Sec. 17. Traps must be placed as near the fixtures as practicable, and in no case shall a trap be more than two feet from fixture. Each and every "trap shall be protected from syphonage and be ventilated by an air pipe taken out of the crown of the trap and branched into the soil pipe above the highest fixture, or connected with a special pipe erected for ventilating purposes onlj', said ventilating pipe to extend at least two feet above the roof in which case the area of the spe- cial vent must be increased as it passes upwards so as to cor- respond to the combined area of all branch vents passing into it, or by some approved automatic vent. Approved mechan- ical traps may be substituted where it is necessary or advis- able, but only on special permit from the Plumbing Inspector. Sec. 18. Overflow pipes from fixtures in each case must be connected on the inlet side of the trap or the same fixture. Sec. 19. No safe under any fixtures shall be provided with Rnj drip, waste or notice-pipe connected with any soil or waste pipe. The waste pipe from refrigerators shall in no case be directly connected with any soil or waste pipe, or with anv drain or sewer. RESOLUTIONS. 1045 Sec. 20. Water closets must never be in an unventilated ^°^|r"cros-^ room or compartment if it can be avoided. In every case the ®t®- compartment must be open to the outer air, or be ventilated by means of a shaft or air-duct. Pan closets, hoppers and hollow j^j^^^ plunger closets are prohibited. prohibited. Sec. 21. Water closets when placed in the yard must be ^_ •^ Water clos- so arranged as to be conveniently and adequately flushed, and ets in yard, their water supply pipes and traps must be protected from freezing. The compartments of such water closets must be ventilated. All traps and valves must be placed in a pit, constructed of brick, stone or cement, at least three feet deep, below sur- iace of ground. [The walls of said pit to be at least eight inches thick, and Nw.^S^'igog. hopper valves must be placed on iron valve rests and waste connected above traps.] [Anti-freezing hoppers with valve constructions requir- ^"g^iuffo'^^'of ing no pit, approved by the Board of Directors of the Street |^'^|^ ^"^ and Sewer Department, may be used.] July's ^1967 [Houses over all outside closets shall be at least thirty Amendment. . , . , 1 . H i. -T^ ^ Nov. 12, 1909. mches square to properly protect, accommodate and laeiiitate their use, and built on proper stone, brick or concrete founda- tions satisfactory to the Plumbing Inspector.] Sec. 22. Rain water leaders must not be used as soil. Rain con- waste or vent pipes, nor shall any soil, waste or vent pipe be ^^^ °'^^" used as a leader. Sec. 23. No steam, exhaust, blow-off or drip pipe from a gte^m pro- steam boiler shall connect with the sewer or with any drain, ^"^"^g*^ "^ soil pipe or waste pipe. Such pipes must discharge into a tank or condenser from which a suitable outlet to the drain may be provided. Sec. 24. Every plumbing system which includes water closets, soil, waste, drain and vent pipes leading to and con- 1046 RESOLUTIONS. Inspections and tests. neeting with a public or private sewer, cesspool, vault or water course, including those altered or extended, shall be given two inspections by and at the expense of the master plumber, in the presence of the Plumbing Inspector. The first test, which shall be the air test, to be made when all soil, waste, drain and vent pipes are placed in position, and all pipes, joints and cleanout openings, must stand an air pressure of five pounds per square inch. All pipes, joints and cleanout openings found defective must be removed and replaced with sound material and another test made in the presence of said inspector. The second inspection shall be made in the presence of said Inspec- tor, when all fixtures are set, and connected to soil, waste, drain and vent pipes. If the second inspection shows the work to have been properly executed, the Plumbing Inspector shall issue to the master plumber a certificate stating that such work has been executed in accordance with the rules and regu- lations of the Street and Sewer Department governing plumb- ing and drainage. No work shall be considered as finished, nor shall the plumber's responsibility be released, until he shall have received his certificate from the Plumbing Inspector. Removal of imperfect work. Penalties. Sec. 25. All work improperly executed and not in ac- cordance with the provisions of the resolution, shall, upon the written order of the Plumbing Inspector, properly served, be removed by the person, firm or corporation improperly exe- cuting the same, or by the person, firm or corporation for whom such improper work was executed, within forty-eight hours, and for any failure to remove such work after being so notified such persons, firm or corporation shall forfeit and pay a fine of twenty-five dollars for each and every twenty-four hours that such work so improperly executed shall be suffered to remain. Amended by Sec. 26. [-No pcrsou or pcrsous, firm or Corporation sliall resolution of • • i i t • t the Street make any opening or excavation m the bed, roadway or side- and Sewer „ p t • i i n ,i i Department, walk 01 any street, avenue, highway, lane, alley or other pub- Aug 20 1909. .^ 0^77./ ' lie place in the City of Wilmington, Delaware, for any pur- pose whatever, except master plumbers licensed by the Board of Directors of the Street and Sewer Department as hereinbe- KESOLUTIONS, 1047 fore provided and in accordance with provisions hereinafter provided. Public service corporations havine" franchises for the use when public service cor- of the streets, avenues, highways, lanes and allevs mav open porations . ■ T n " ^ • "^^y open and excavate same to do work contemplated m said franchises, streets. upon application to the Street and Sewer Department of the City of Wilmington for permits for such purposes, in accord- ance with terms, charges and regulations provided therefor. . All excavations or openings necessary to be made in the whe'n made^' bed or roadway between the curb lines of any street, avenue, ancf sewer highway, lane, alley or other public place for the purpose of Department, lajdng, repairing, renewing, altering or cleaning drains, steam •pipes, or for any purpose in connection with the public or pri- vate sewers, gutters, water courses, steam pipes, conduits or other thing located in the public streets will be made by the Street and Sewer Department in accordance with the terms hereinafter mentioned, except all work in connection with water pipes, which the Board of Water Commissioners have provided for. Permits («) will be issued to master plumbers, licensed as Permits, provided in this resolution, to open and excavate the sidewalks granted by or footways of the streets, avenues, highways, lanes, alleys or sewer De- other public places for the purpose of laying, repairing, re- ^^^ ™*^" ' newing, altering or cleaning drains, water pipes, steam pipes or for any purpose in connection with the public or private sewers, gutters, water courses, water pipes, steam pipes, con- duits or other thing located in the public streets, provided, ap- plication is made to the Street and Sewer Department there- for. (a> See Sec. 32 "a" of this Act. When it is necessary for the bed or roadway of any street, Application avenue, highway, lane, alley or other public place between the street"to be curb lines to be opened or excavated for any of the purposes blank to"^ heretofore mentioned or for any purpose, application shall be sewer De- made to the Street and Sewer Department on blanks provided ''^'^ "^^^ ' for such purposes by said Department. 1048 RESOLUTIONS. Applicant to The applicant must truly state all the purposes for which to state the ^}-^g opeiiinsT or excavation is required, the street and number purposes i' » i ? therefor in Qf h^q property requiring the work, which side of the street with the distance and direction from the nearest street inter- section, the number of openings required, and all other par- ticulars for a full understanding of the subject, and designate the time when excavation or opening is to be made, and must be signed by the party or parties desiring such work to be done, or their authorized agents. Upon the filing of such ap- plication with the Street and Sewer Department, if all the re- quirements of the laws and regulations of the city have been complied with the charges for such work fixed by the Street and Sewer Department must be paid before work will be per- formed by the Street and Sewer Department. work^wiube jj^ g^y gj^gg where the application has not truly stated application ^}jg correct measurements of the surface to be opened or exca- does not ^ facts full vated or the true purposes for which the excavation was re- quired, the work shall not proceed beyond the curb line until such excess expense, if any, has been paid for by the applicant, such excess to be calculated at the aforementioned rates. iS^o permits will be issued to any master plumber to open or exca- mks re'fused ^atc the sidewalks until all charges for work performed by the Street and Sewer Department have been paid. If street In cases of repairs, renewals, alterations or cleaning of D^parliment drains or other pipes or conduits, the labor and materials di- nfultTe'paid rcctly concerned with such repairs, alterations or cleaning therefor. ^^^^ ^^ performed and furnished by and at the expense of the master plumber, or if performed and furnished by the Street and Sewer Department, the actual cost thereof shall be charged in addition to the charges hereinbefore mentioned, and shall be paid by said master plumber before any further permits shall be issued to said mastei* plumber.] reStion^of Sec. 27. No permit («) will be granted [for connecting fewer EH^ any property with any sewers] unless application be made 20*^1909'.^"^' therefore in writing upon printed blanks furnished by the De- Appiication r)artment, bv the owner of the property to be drained or by for sewer ^ ? • . , permits. his cluly authorized attorney, and by a licensed master RESOLUTIONS. 1049 plumber to do the work. The application must state that the owner or agent as aforesaid will be subject to all the rules (^) and regulations and penalties prescribed by the Board of Di- rectors of the Street and Sewer Department ; also state the full name of owner, the size and kind of drain pipe to be used, undTr what^ the street and number of building (if numbered), give a clear l^anted"^^ description of the premises, which side of the street, with the distance and direction from the nearest street intersection, the size and dimension of the lot to be drained, and must fully and truly state all the purposes for which the drain is to be used, and all other particulars for a full understanding of the subject, and designate the time when connection is to be made. The owner or attorney, as above, must also execute a release of the INIayor and Council of Wilmington, or their duly author- ized officers, from all liability or damages which may in any manner result to the premises by reason of such connection. No permit shall be deemed to authorize anything not stated in the application, and for any misrepresentations in such appli- sentations. cation, the drain-layer may be fined or suspended, and if it ap- pears to be "wilful, his license will be revoked. (a) See Sec. 32 "a" of this Act. (b) See Sec. 1 "a" of this Act. [No permit for opening or excavating sidewalks or foot- ways will be granted for connecting property with any sewer until all liens or charges provided by law have been paid.] [In cases where the Board of Health of the City of Wil- ^^^o^i'^^^fn^o^f mington has ordered properties to be connected with sewers, q^J^^ ^^ thirtj' (30) days from the date of issue of permits for such P^^'t^ent, work will be allowed the master^ plumber to fully complete the i907. work required by said Board of Health, and no permits will be issued to the master plumber after the expiration of the said thirty (30) days, unless said work has been fully completed to the satisfaction of the Board of Health, or unless the Directors of the Street and Sewer Department shall find cause to extend the time on account of weather conditions which prevent the completion of the work within the time allowed in the per- mits.] 1050 RESOLUTIONS. No partner- ship drains. Regulations for laying drain pipes, etc. resoiutfcHi^o^ ^^^- ^^- ^^^ connecting a private sewer or drain with a iewlr De- P^ibHc or another private sew^er, the branches which shall have Aug"2o"i909 ^^^^ ^^^^ ^^ ^^® curb line must be used for such connection.] Size and Sec. 29. In all cases the drain or sewer pipes herein al- luded to, extending from the main sewer in the street to a point five feet outside of the building, or if not taken into the building, then to any other place which it is intended to drain must consist of iron or good salt glazed terra cotta pipe sub- ject to approval, and shall be six (6) inches in diameter, ex- cept by consent of the Street and Sewer Department. Sec. 30. When it is possible, every house or property must be separately and independently connected wdth the street sewer, and in no case will a partnership drain be al- lowed except permission be given expresslj^ by the Street and Sewer Department and approvd bj^ the Plumbing Inspector. Sec. 31. The least inclination that w411 be allowed for water closet, kitchen and all other drains, of not over six inches in diameter liable to receive solid substances is one- quarter of an inch in one foot ; and for cellar and other drains to receive water only, one-eighth of an inch in one foot ; pipes to be laid in a trench carefully, with the bottom trimmed to a perfect and unbroken grade and in a straight line from main sewer to house line, and having depressions for joints of pipe so that each length of pipe shall be evenly supported through- out the entire drain, joints to be made by filling the space be- tween spigot and bell ends with hydraulic mortar, which shall be applied with particular care to the bottom of the joints, mortar to consist of one part of hydraulic cement and one part of clean sharp sand. No tempered up cement to be used. The inside of each pipe joint to be thoroughly cleaned from any projecting cement. Back-filling must be solidly packed up to the top of the pipe. Changes of direction must be made with regular curves, and all connections made with Y branches and the whole must be subject to inspection by the proper officer of the Department before it is covered up. Sec. 32. No excavation can be made in [the sidewalk or footways of] any street, avenue, * * * * lane, alley, or Back-filling. Amended by resolution of Street and Sewer Di- rectors, Aug. 20, 1909. RESOLUTIONS. 1051 other public place in the city, aud no work of lajung drains or Permits for f XT' ^' ^ JO excavation water pipe of any kind can be commenced or continued with- P^"^} ^^ Vt ^ ^ "^ hand on the out the permit («) is on the ground in the hands of the master work, plumber, or one employed by him, and the same must be shown to any city officer if he shall so request it. (a) The plumber, for his own protection, should never begin to ex- cavate a street bed until he has his permit also to connect with a sewer drain, water pipe, &c. Aud the city should never grant a permit to ex- cavate until it has first granted a permit to connect with a sewer, water pipe, &c. In this way there will be no delay, after the trench has been dug in ^vaiting for the permit to connect with a sewer drain, or water pipe, gas pipe, &c. A disregard of this rule by the city has been held to be negligence, making it liable in damages. Comegys, C. J.: "In fact, the issuance of the license to excavate before permission was obtained by the license to connect with the private sewer in the street, as shown by the plaintiff's proof, was an act of negligence on the part of the defendant's agents; and, it having been testified to that the work of attachment to the private sewer was suspended on the afternoon before the flood came, to receive said permit, and could have been finished, if it had been received," before the street bed was excavated, and thereby averted the flooding of the cellar, the city because of this negligence, was held to be liable. Anderson & Son vs. Mayor and Council of Wil., 8 Houst. 516 at 528. (yr. 1889) Sec. 33. If from any cause the master plumber should fail to have the connection and drain ready for inspection at the time specified in his application, then notice must be left at the proper office fixing another time for doing the work ; if Notices ^ ^ '^ . ® given for not ready at the time of the second notice, a charge of one dol- sewer in- . ' . spection. lar will be made for a third notice; the first notice must be given at least one day previous to the commencement of the work; and no person or corporation shall connect with any public or private sewer except in the presence of an authorized officer of the Street and Sewer Department. Sec. 34. The (sidewalk or fdotwav) must be opened and Amended by ^ " ' '- resolution of the paving [materials] and the dirt deposited in a man- ^^^^^-^^^H?^^, ner which will occasion the least inconvenience to the pub- department ^ Aug. 20, 1909. lie, and provide for the passage of water along the gut- street open- ters, and all car tracks must be kept clear so as not to in- made and terrupt the passage of the cars.^ Every master plumber li- ^ censed by the Board must enclose any opening which he may 1. See Sec. 1 of Resolution of July 3, 1906, p. 1027 of this volume. 1052 RESOLUTIONS. Liable f or damages on account of excavations. 4To^iutk?n^o^ make in the [sidewalks or footways of the] public streets or and s'ewer ^^lej's with sufficient barriers, and must maintain red lights^ Aug^20™i90*9. ^^ *^® same at night, and must take all other necessary precau- tions to effectually guard the public against all accidents from the beginning to the end of the work, and can only make exca- vations and lay drains and other pipes on condition that he is to be held liable for all damages («) that may result from his neglect of any necessary precautions against any accident to persons, * * * * vehicles or property of any kind what- ever. If the sides of the trenches will not stand perpendicu- larly, sheeting and braces must be used to prevent any unnec- essary caving. (a) The city cannot transfer, assign, shift or shirk its responsibility or liability for damages to one injured through the negligent acts of plumbers or others in opening street beds by license of the city. The li- cense, or permit, makes them, temporarily, agents of the city. The plumb- er, &c., of course, may be liable to the city. See Anderson case above cited at p. 527. Sec. 35. In all cases where the [sidewalk or footway] is opened or the sidewalk pavement taken up or open trenches made for water or drain pipe, or the repairing of same, or for any other purpose whatever, the stones, bricks, sand, gravel and earth, or whatever other materials may have to be passed or penetrated, must be removed and immediately replaced in the same relation in which they were found ; and all rubbish must be at once removed, leaving the street and sidewalk in perfect repair, the same to be so maintained for a period of o^°enings^^'^ twelve months. In refilling the opening, the earth must be de- posited in layers of not more than nine inches in depth, and each layer must be thoroughly puddled or rammed to prevent aftersettling. All water and gas pipes must be protected from injury or settling to the satisfaction of the Department. Amendment, Aug. 20, 1909 Material excavated. Repairs to Sec. 36. If any master plumber shall neglect or refuse. to be done by ^ r- o the Board complv with the rules («) hereinbefore specified in Rule 35, of Du'ectors '■ " ^ ■" ^ ' at expense then the proper repairs or work will be done bv the said Board, of licensee. j. x- x „ ? and the cost therefore charged to the said master plumber, 1. See ordinance passed March 24. 1882. (p. 949 of this volume.) RESOLUTIONS. 1053 that is ayainst the deposit of twenty-five dollars, which he made with the Board at the time of making application for his license (the granting of which license is his receipt for said deposit). The officer of the Board having aforesaid work done will report the same, as soon as completed, to the Secretary, and forthwith the Secretarj^ shall make bill of same to the master plumber, showing amount expended, and balance standing on deposit, and the master plumber shall not receive any more permits until the deposit is made up to the original wnuDe'"'*^ amount of twenty-five dollars. If the master plumber should s^'^-nted. from any cause quit business, he can, upon application to the Board, have his deposit, less any amounts which may be charged to him by the Board, refunded to him after twelve Refund de- months have elapsed from the time of receiving his last per- ^°^^^ °^ ^^^' mit. (a) See Sec. 1 " a ' ' of this Act. . Sec. 37. The inspector must be permitted at all times to inspect all material and work ; any refusal to permit such in- spection, or any interference with an inspector in the perform- ance of his duty, will be immediately followed by a suspension forfeit or forfeiture of license. license. Sec. 38. No exhaust steam from steam engines or blow- ^ ^ '^ Exhaust off from steam boiler, or any other steam appliance shall be steam, connected with any public sewer or any private sewer con- nected with a public sew^er. Sec. 39. No person shall uncover a public or private ^^^^,^^^,^^,5 ^^ sewer for any purpose, or make connection therewith, or shall ?o anything •^ i- r : 'in connec- uncover the public inspection holes or connection branches lion with^^ therewith, or interfere with or disturb any street inlet, or any other appurtenance with the sewers of the city without first obtaining permission from the proper officer of the Board. Sec. 40. No person shall throw or deposit, or cause to be thrown or deposited in any vessel or receptacle connected with a public or private sewer any garbage, vegetable parings, ashes, cinders, rags, or the offal from any stable, slaughter ^r^^\i3^[ed in house, stock yard, tannery, morocco shop, or any other build- sewers. 1054 EESOLUTIONS. ing or establishment of any kind whatever,, or shall discharge or permit to be discharged into any public or private sewer anything that will injure or obstruct them. Sec. 41. When application is made to connect any house or houses, building or buildings, with a public or private sewer as provided for in Section 26 of this resolution, such informa- tion as the department has with regard to the position of Location of -junction picccs and Y branches will be furnished to the mas- T branches, " ^ o o i i etc., given by ter plumber by the Engineer m Charge oi Sewers but at the Engineer in -^ ./ o Charge of risk of the master plumber as to the accuracy of the same. JNo information or permit will be issued to any master plumber to connect with a public or private sewer until the plan and specifications for the w^ork have been filed with the Plumbing Inspector, as provided for in Section 6 of this resolution. Violations of rules. Sec. 42. No master plumber shall allow his name to be used by any other person or party, directly or indirectly, either for the purpose of obtaining permit or doing any work Sublet work, under his license. Nor shall he sublet any part of his work to any other master plumber without first obtaining a special permit so to do from the Plumbing Inspector. Connections Sec. 43. It shall uot be lawful for any plumber or other prohibited. pgj.gQj^^ iQ connect any privy w^ell or cesspool, with any public or private sewer connecting with a public sewer, except by a special permit by the Board of Directors of the Street and Sewer Department. Sec. 44, Any master plumber who shall be guilty of a violation of any of the rules adopted by the Board of Direc- tors of the Street and Sewer Department will be immediately deprived of his license or be subjected to a fine of twenty-five ($25) dollars or both, at the discretion of the Board. Sec. 45. Any person offending against any of the provi- sions of these rules and regulations or any rules and regula- tions which may hereafter be adopted by the Board of Direc- penaity for ^o^g of the Street and Sewer Department, shall forfeit and pay violation of „ rules by any ^ penalty of not less than five nor more than fifty dollars for person. -"^ "^ Penalty for violation of rules by licensee. RESOLUTIONS. 1055 every such offence, said fine to be collected as other fines are collected for offences against the ordinances of the city. Sec. 46. Persons from other places coming to Wilming- ton to do plumbing may be given a special permit by the Board of Directors of Street and Sewer Department for any one particular job only, upon the furnishing to the Plumbing Inspector by the person applying for the permit satisfactory proof that they are legitimate master plumbers, regularly en- gaged in the business of plumbing and having a license from Special per- _ _ ^ _ ^ ^ mits for non- the proper officials of the city, town or State from which they residents. came. [If the excavation or opening of the sidewalks or foot- . ^ " Amendment. ways be necessary for the performance of the work, such exca- Aug. 20, 1909. vation or opening and the work required therein shall be per- formed by the Street and Sewer Department at the expense of the partj^ requiring it.] Should such persons desire a permit for more than one job, in any one year, from the date of their first permit, they shall be refused until they fully comply with all of the conditions of Section 3 of this resolution. Sec. 47. All ordinances, rules and resolutions or parts of the same inconsistent herew^ith are hereby superseded and repealed. Adopted March 26, 1901. A RESOLUTION to throw the corner of the sidewalk into the roadway at the southeast corner of Maryland avenue and Bead street. Section 1. That the piece of land described as follows, sidewalk w^hich is now a portion of the sidewalk at the southeast corner ^^oadwaj-. of iNIaryland avenue and Read street, be made a portion of the roadway, viz : Beginning at a point in the curb line of the south side of Maryland avenue, at the distance of one hundred ^^^°"p*'°"' and forty-nine feet and nine inches (149 ft. 9 in.) south of the southerly side of Front street at sixty feet (60) wide, meas- ured at right angles with said Front street ; thence southerly, at right angles with said curb line, sixteen feet and five- eighths of an inch (16 ft. f in.) to the outside edge of the curb 1056 RESOLUTIONS. as now set on the northeasterly side of said Read street ; thence northwesterly along the outside edge of said curb, eleven feet nine inches and one-quarter of an inch (11 ft. 9^ in.) to an angle in said curb ; thence northerly along the outside edge of the curb and at right angles with the curb line of the south side of Maryland avenue, six feet and six inches (6 ft. 6 in.) to the curb line of the south side of ]\Iaryland avenue afore- said; and thence easterly along said curb line of Maryland avenue six feet ten inches and five-eighths of an inch (6 ft. lOf in.) to the place of beginning. Sec. 2. That all ordinances and resolutions or parts of the same inconsistent herewith be and the same are hereby superseded. Adopted June 7, 1888. A RESOLUTION to fix and estahlisli the width of the side- walk and grade of Church lane and. to throw a portion of the sidewalk at the southeast corner of Seventh street and Church lane into the roadway. ^'^^^^- Section 1. That the width of the footway or sidewalk on the east side of Church lane shall be eight (8) feet. Sec. 2. * *******^^ Description Sec. 3. That the piece of land described and bounded as aVart^o™^*^^^ follows, which is now a portion of the sidewalk at the south- roadway, ggg^ corner of Seventh street and Church lane be made a por- tion of the roadway, viz : Beginning at the intersection of the southerly curb line of Seventh street and the easterly curb line of Church lane ; thence southerly along the easterly curb line of Church lane to the southerly building line of Seventh street; thence northerly at right angles to Seventh street twelve (12) feet to the southerly curb line of Seventh street; thence westerly along the southerly curb line of Seventh street to the place of beginning. RESOLUTIONS. 1057 Sec. 4. That all ordinances and resolutions and parts of the same inconsistent herewith be and the same are hereby- superseded. Adopted September 3, 1889. Lancaster A RESOLUTION to change the name of Front street in this city. Be it resolved, by the Street and Sewer Department of the City of Wilmington : That such portion of the street now ^^^e^e^^itu- known by the name of Front street as extends from Madisoti a-ted. street westerly to the city line, shall from and after the pas- sage of this resolution be styled and called Lancaster avenue. Adopted July 10, 1888. A RESOLUTION changing the name of a portion of Hazlet street to Park Place. Section 1. That all that portion of Hazlet street lying and being between Jacl?son and Van Buren streets be and the same is hereby changed to Park Place. Sec. 2. That all ordinances or parts of ordinances incon- sistent herewith be and the same are hereby repealed. Adopted March 30, 1892. A RESOLUTION changing the name of "40 Foot street" to Douglas street. Resolved, That the highway between DuPont and Scott streets from Seventh to Eighth streets, known as Forty Foot streJt °° street, be hereafter known by the name of ' ' Douglas street, ' ' Do^ugias and the City Engineer is hereby instructed to place the name ^ of same, hereby designated, on the city maps and plans. Adopted October 15, 1895. 1058 RESOLUTIONS. A BESOLTJTION changing the names of certain streets in the City of Wilmhigton, Delaware. Whereas, It is a source of confusion and annoyance to have streets in different sections of the city bearing the same name and others known by several names, and Whereas, The Wilmington and Great Valley Turnpike Road is best known hj the name of Concord pike, an old his- torical name, therefore Be it resolved, by the Board of Directors of the Street and Sewer Department of Wilmington, Delaware: That all that portion of the roadway commonly known as wf/dpLe°^" Concord pike or Elliott avenue, shall be and it is hereby Concord *° iiamed Concord avenue from its intersection with INIarket avenue. street to the city line as it now exists or may hereafter be ex- tended. That "Morrow" street between Adams and Jackson Part of Mor- row street streets from Sixth to Fifth streets be and it is hereby changed changed to , , .^ , ^ , , ■ ./ o stoeckie to Stocckle street. street. Adopted July 19, 1898. A RESOLUTION to change the name of a portion of Thirty- sixth street as located and established hy a resolution passed hy the Board of Directors of the Street and Sewer Department March 17, 1896, in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department : Section 1. That all that portion of Thirty-sixth street as Th[rty-sixth locatcd and established by a resolution passed by the Board of cha1?gedto Directors of the Street and Sewer Department, March 17th, ?tre^t** 1896, from the northerly side of West street as located and es- tablished by a resolution passed by the aforesaid Board of Di- rectors of the Street and Sewer Department, July 11, 1905, to RESOLUTIONS. 1059 the northwesterly boundary of the city shall hereafter be known as Barrett street. Sec. 2. That all ordinances and resolutions or parts of the same inconsistent herewith be and the same are hereby superseded. Adopted August 1, 1905. A RESOLUTION changing the names of certain streets in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sew^er Department of the City of Wilmington, Delaware : Section 1. That "Wooddale avenue" between Eis:h- „. ^, , teenth street and the city line be and it is hereby changed in 2^,^'^^H,® to '' ^ Q Van Buren name to "Van Buren street." street. Sec. 2. That "Park lane" between Eighteenth street and the city line be and it is hereby changed in name to ' ' Har- Harrison ,, street. rison street. Sec. 3. That "AVillow lane" between Eighteenth street wniow lane the city line Franklin street." and the city line be and it is hereby changed in name to street!"^^"^ Sec. 4. That "Miller street" between Eighteenth street ^^'^^r street and the city line be and it is hereby changed in name to street. "Broome street." Sec. 5. That "Wood street" between Eighteenth street wood street . . to Rodney and the city Ime be and it is hereby changed m name to ' Rod- street, ney street. ' ' Sec. 6. That all ordinances or resolutions or parts of the same inconsistent herewith be and the same are hereby super- seded. Adopted July 24, 1906. ■ 1060 RESOLUTIONS-, Part of Third street va- . cated. Part of Fourth street va- cated. Part of Spruce street va- cated. Part of Robinson street va- cated. Operative on comple- tion of via- duct. A RESOLUTION to vacate parts of Third, Fourth, Spruce, Church and Rohinson streets in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department: Section 1. That Third street from the westerly line of the right of way of the Philadelphia, Wilmington and Balti- more Railroad Company to a line parallel to and one hundred and eighty-two feet and ten inches (182 ft. 10 in.) westerly from the westerly side of Church street; Fourth street from the westerly line of the right of way of the Philadelphia, Wil- mington and Baltimore Railroad Company to a line parallel to and three hundred and twenty-five feet and nine and one-half inches (125 ft. 9-|- in.) easterly from the easterly side of Church street, said line being the westerly side of a street or thoroughfare known as Bridge street at a proposed width of seventy feet (70 ft.) ; Spruce street from the southerly side of Third street to the southerly side of Robinson street ; Church street from the southerly side of Fifth street to the northerly side of Third street and Robinson street from the easterly side of Spruce street to a line parallel to and two hundred and ninety feet and ten inches (290 ft. 10 in.) westerly from the westerly side of Church street as they are at present laid out, be and the same are hereby vacated, and that the land within the area of the parts of the several streets hereby vacated shall be used and occupied by the Philadelphia, Wilmington and Baltimore Railroad Company, and by such other owner or owners of property abutting on street hereby vacated, pro- vided, however, that this resolution shall not be operative or effective only on the completion of the projected viaduct over the trades of the said company at Fourth street. Sec. 2. That all ordinances or resolutions or parts of the same inconsistent herewith, be and the same are hereby super- seded. Adopted April 9, 1895. RESOLUTIONS. 1061 A RESOLUTION removing certain streets from the city plan. Whereas, It is deemed important to the growth and pros- perity of the City of Wilmington that sites for the erection of large manufacturing industries and for other purposes, be made available for occupation by the removal from the official plan of the City of Wilmington of certain unopened and un- used proposed streets when such removal becomes necessary and the public interests are not affected thereby, therefore Be it resolved, hy the Board of Directors of the Street Removing and Sewer Department of the City of Wilmington, that the certain r, -,-, ■ T 1 • T n -I Streets from lollowmg proposed streets now laid out and represented upon the city the plan of the City of Wilmington, w^hich have not been opened and used as streets or public highways, namely : Lobdell street M-esterly from the westerly side of Button- Lobdeii wood street to the Christiana river, stieet. Townsend street northerly from the northerly side of Jt^reT^"*^ Lobdell street to Christiana avenue. Buttonwood street northerly from the northerly side of Buttonwood "^ -^ street. Lobdell street to the Christiana river. Locust street northerlj^ from the northerly side of "A" Locust street to the Christiana river. f Church street northerly from the northerly side of "A" church street to the Christiana river, be and the same are hereby re- ^t^'®®*- moved, obliterated and effaced from the official plan of the streets of the City of Wilmington, and the City Engineer is hereby directed to change the said plan so as to confonji to this resolution. Adopted May 8, 1900. A RESOLUTION removing certain streets from the city plan. Be it resolved, by the Board of Directors of the Street and Sewer Department of the City of Wilmington, Delaware : 1062 • RESOLUTIONS. parts of"^ That the following streets represented upon the plan of al-enu'e and ^^^® ^^^-' ^^ Wilmington kuown as Woodlawn avenue between from^thr^^^ Fifth and Seventh streets; Tenth street at or near the inter- city plan, section of Grant avenue and Fifth street between Woodlawn avenue and Rodman street crossing the right of way of the Baltimore and Ohio Railroad Company, be and they are here- by removed, obliterated and effaced from the official plan of the streets of the City of Wilmington and the City Engineer is hereby directed to change the said plan so as to conform with the requirements of this resolution. Adopted November 6, 1900. A EESOLUTIOX removing portions of B, D, E, Speakman, Hartman, Bush and Lambson streets from the city map for the Benefit of Wilmington Malleable Iron Company. Whereas, The Wilmington Malleable Iron Company, a corporation of the State of Delaware, has purchased and is about to occupy and build upon certain property located in the Second Ward of the City of Wilmington, and Whereas, The said Wilmington Malleable Iron Company has in contemplation and has already commenced the con- struction of several large buildings for the purpose for which said company was incorporated, and WhereaS, There appears at present upon the map of the City of Wilmington certain streets, to wit : " B " street, " D " street, "E" street, Speakman street, Hartman street, Bush street and Lambson street, which would if legally opened, cut through the proposed buildings of the said Wilmington Malle- able Iron Company, and Whereas, The Board of the Street and Sewer Department deem it in the interest of the City of Wilmington that so much of said streets as appear upon the said map to cut through the said property of the Wilmington JMalleable Iron Company should be removed from the said map of the said City of Wil- mington, therefore RESOLUTIONS. 1063 Be it resolved, That all that portion of "B" street extend- gj^*|t?let1f' inff from the easterly side of Goodman street to Christiana removed ° ^ from city avenue, and all that portion of * ' D " street extending from the i'^'^'^- "B" street. easterly side of Goodman street to Christiana avenue, and all "d" street. that portion of "E" street extending from the easterly side of "^" street. Goodman street to Christiana avenue, and all that part of g eakman Speakman street, extending from the northerly side of "F" street, street to Christiana avenue, and all that part of Hartman ^^g*™^" street, extending from the northerly side of "F" street to Christiana avenue and all that part of Bush street extending -B^sh street. from the northerly side of "F" street to Christiana avenue, and all that part of Lambson street, extending from the north- Lambson erly side of " F " street to Christiana avenue, as the same now street. appear upon the said map of the said City of Wilmington, be and they are hereby removed and obliterated from the said map. Adopted May 12, 1903. RESOLUTIOlSi removing portion of West Fourteenth street west from Brinckle avenue from the city map. Whereas, William R. Brinckle and others own and are about to build upon certain property located in the Highlands, in the Seventh Ward of the City of Wilmington, and Whereas, There appears at present upon the map of the City of Wilmington a certain street, namely West Fourteenth street, which would if legally cut through westerly from Brinckle avenue, cut through the land of the said AVilliam R. Brinckle and others, and Whereas, On account of the close proximity of Pennsyl- vania, avenue to the said West Fourteenth street at this point, and Whereas, The Board of Directors of the Street and Sewer Department deem it in the interest of the City of Wilmington that so much of said street as appears upon said map to cut through said property of the said William R. Brinckle and 1064 RESOLUTIONS. others should be removed from the said map of the said City of Wihnington, therefore Portion of Be it resolved, that all that portion of West Fourteenth West 14th „ ' . ^ ^ ^ street re- street, west from Brinckle avenue as the same now appears moved from • n /-,- p -rrr-i • T -i city plan. upon the said map oi the said City oi Wilmington, be and it is hereby removed and obliterated from the said map. Adopted July 7, 1903. Part of 16 th street and Rising Sun lane re- moved from city plan. A RESOLUTION to remove Sixteenth street from the city plan between Mt. Yernon avenue and Rising Sun lane in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department: Section 1. That all that portion of Sixteenth street as laid down on the plan of the City of Wilmington aforesaid be- tween the westerly side of Mt. Vernon avenue and the easterly side of Rising Sun lane be and the same is hereby removed from said plan. Sec. 2. That all ordinances and resolutions or parts of the same inconsistent herewith be and they are hereby super- seded. Adopted September 27, 1904. A RESOLUTION to vacate certain streets and parts of cer- tain streets, to change the direction of parts of certain streets and to fix and establish the location and width of certain streets north of Market street and east of Thirty- second street in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department: Part of 33rd SECTION 1. That all that portion of Thirty-third street as cated. at present located from the northerly side of Washington street to the southerly side of Wooddale avenue be and the same is herebj" vacated. RESOLUTIONS. 1065 Sec. 2. That all that portion of Thirty-fourth street and ftreSand"^ Thirty-fifth street as they are at present located from the ya^^fg^^®®*^ northerly side of Market street to the southerly side of Wood- dale avenue be and the same are hereby vacated. Sec. 3. That all that portion of Thirty-sixth street as at Part of 36th . street va- present located from the northerly side of Market street to the cated. southerly side of West street as it is located in Section 15 of this resolution, be and the same is hereby vacated. Sec. 4. That all that portion of Monroe street and Madi- Moiiroe^ son street as they are at present located from the proposed f;[^|fso1i^*^ points of change in direction of said streets east of Thirty-sec- ^ated" ^^' ond street, as hereinafter established in this resolution and the northeasterly^ boundary of said city, be and the same are here- by vacated. Sec. 5. That all that portion of Jefferson street as at?artof ^ , Jefferson present located from the northeasterly side of Talley street ex- street va- tended, as located in Section 7 of this resolution, and the northeasterly boundary of said city, be and the same is hereby vacated. Sec. 6. That all that portion of Washington street, West Parts of street and Tatnall street, as they are at present located, from street, v^est sti'GGt 3.rid the northeasterly side of Talley street as located in Section 7 Tatnaii of this resolution, and the northeasterly boundary of said city, cated. be and the same are hereby vacated. Sec. 7. ******** * Sec 8 **#*##*** A RESOLUTION regarding the vacation of Water street from French street to Poplar street. Whereas, The Philadelphia, Baltimore and Washington Railroad Company has been engaged in the carrying out of ex- tensive improvements in the Citj^ of Wilmington, which im- provements, among other things, will result in the doing away 1066 RESOLUTIONS. of grade crossings, with their attendant dangers, and will be of a great benefit to the community, and "Whereas, The said railroad company is desirous of erect- ing a large and commodious passenger station, extending from French street easterly in the said city, and Whereas, AVater street, as now located and laid out, is but little used by the citizens of Wilmington for any purpose whatsoever, while Front street, extending east of Poplar street and west of French street, in the said city is situated only 104 feet north of the said Water street, and Whereas, It is necessary for the railroad company to se- cure possession of and to occupy the said portion of Water street, from French street east to Poplar street, in order to en- able them to erect a station adequate to the needs of the said City of Wilmington; Now, therefore, he it resolved, That for the purpose of ef- to vacate fecting lawful vacation of the street mentioned in the pre- water street amble of this resolution to the extent and in the manner as be taken. hereinbefore described, said Street and Sewer Department do promptly inaugurate and prosecute to conclusion, as speedily as practicable, all legal proceedings necessary- therefor, and immediately advertise its intention to apply to the Court of General Sessions at the November term to appoint Commis- sioners to consider such vacation, and upon authorization of such vacation as the result of said proceeding the Board will cause such vacation to be fully and finally effected, but all the damage and expenses of said vacation of said street, including Payment of all court costs, awards of commissioners, etc., shall be paid by costs, &C. ' J y f J the said railroad company. Adopted October 10, 1905. A RESOLUTION to vacate a portion of Bowers street as lo- cated hy a resolution passed l)y the Board of Directors of the Street and Sewer Department, August 21, 1900, in the City of Wilmington, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department : RESOLUTIONS. 1067 Section 1. That all that portion of Bowers street as lo- S^I^„°^ Bowers •eet ted. cated by a resolution passed by the Board of Directors of the 1}^'^^^ ^^' Street and Sewer Department, August 21, 1900, between Todd's lane and the city line that is not included in that por- tion of Bowers street as located by the aforesaid Board of Di- rectors by a resolution passed February 27, 1906, between Todd's lane and the city line, be and the same is hereby va- cated. Sec. 2. That all ordinances and resolutions or parts of the same inconsistent herewith be and the same are hereby superseded. Adopted March 6, 1906. A RESOLUTIOX to vacate a part of Caiml street and a part of Goodman street in the City of Wilmington, Delaware. Whereas, The Otto Gas Engine Works has purchased and is about to occupy and build upon certain property lo- cated in the Second AVard of the City of Wilmington. And Whereas, The said Otto Gas Engine Works has in contemplation and has already commenced the construction of several large buildings for the purpose for which said com- pany was incorporated. And Whereas, There appear at present upon the map of the City of AVilmington, certain streets, which would, if leg- ally opened, cut through the proposed buildings of the said Otto Gas Engine AVorks. And Whereas, The Board of Directors of the Street and Sewer Department deem it in the interest of the City of Wil- mington that so much of said streets as appear upon the said map to cut through the said property of the Otto Gas Engine Works should be removed from the said map of the said City of Wilmington, therefore Be it resolved, by the Board of Directors of the Street and Sewer Department: 1068 EESOLUTIONS. Canifstreet SECTION 1. That all that portion of Canal street as laid vacated. down on the plan of the City of Wilmington, as aforesaid, from Dock street to the Christiana river, be and the same is hereby removed and obliterated from the said map. Sec. 2. That all that portion of Goodman street as laid Part of Goodman down on the plan of the City of Wilmington, as aforesaid, cated. from Christiana avenue to the Christiana river, be and the same is hereby removed and obliterated from the said map. Sec. 3. That all ordinances and resolutions or parts of the same inconsistent herewith be and the same are hereby superseded. Adopted May 8, 1906. A RESOLUTION removing and ohliterating ^Yarner street lyetween Beech and Sycamore streets from the city map. Whereas, Warner street appears upon the map of the City of Wilmington, as extending from Oak street to Syca- more street, a distance of two blocks. And Whereas, Warner street has been opened and is in use as a street from Oak street to Beech streets only, and the projected portion from Beech to Sycamore street has never been opened, and no title to the bed of the projected street from Beech to Sycamore streets has been acquired by the City of Wilmington. And Whereas, Several dwellings have been built on the southerly side of Sycamore street, which dwellings would be within the lines of the said Warner street if the said Warner street were laid out as projected. And Whereas, The owners of the land which would be a portion of the bed of the said Warner street, if the said War- ner street were laid out as projected, are desirous of building thereon. RESOLUTIONS. 1069 And "Whereas, There is no demand whatever for the lay- ing out and opening of the said Warner street from Beech to Sycamore streets. Now, therefore, it is lieretii resolved and ordered, by the Projected ' I ' -J > -^ lines of Board of Directors of the Street and SeAver Department of the Warner street re- City of Wilmington that the projected lines of the said War- moved from ner street from Beech to Sycamore streets be removed, obliter- ated and stricken from the city map. Adopted September 25, 1906. A RESOLUTION to remove Tkirtii -fourth street 'between Thatcher street and the P., B. & W. Railroad from the city plan. Be it resolved, by the Board of Directors of the Street and Sewer Department of the City of Wilmington, Delaware : Section 1. That all that portion of Thirty-fourth street between the southerly side of Thatcher street and the north- P^^'^f^^*^^ erly side of the P., B. & W. Railroad, as laid down on the plan cated. of the City of Wilmington, Delaware, be and the same is here- by removed from the city plan. Sec. 2. That all ordinances and resolutions or parts of same inconsistent herewith be and the same are hereby super- seded. Adopted October 27, 1908. A RESOLUTION to vacate West Liberty street between Madi- son street and Marsh road in the City of Wilmiiigton, Delaware. Be it resolved, by the Board of Directors of the Street and Sewer Department : Section 1. That all that part of West Liberty street ly- Part of ing between Madison street and Marsh road shall be vacated ^t^y s^e'et and the same shall be stricken from the city plan. vacated. 1070 RESOLUTIONS. Sec. 2. That all ordinances and resolutions or parts of the same inconsistent herewith be aiid the same are hereby superseded. Adopted March 23, 1909. A RESOLUTION to vacate a part of Linwood avenue in the City of Wilmington, Delaware. Whereas, The Delaware Terra Cotta Company, a cor- poration of the State of Delaware, is about to occupy and build upon certain property situated between Twenty-sixth and Twenty-seventh streets and between Heald and Claymont streets in the Ninth Ward in said City of Wilmington, a plant for the manufacture of brick and clay products, and Whereas, There appears at present on the map of the City of Wilmington, Linwood avenue, which would if now legally opened, cut through the proposed buildings of the said Delaware Terra Cotta Compan^^'s works, and Whereas, The Board of Directors of the Street and Sewer Department deem it in the interest of the City of Wil- mington that so much of said avenue as appears on said map to cut through said property of the Delaware Terra Cotta Company should be removed from the said map of the said City of Wilmington, during the time said company shall be en- gaged in the manufacture of clay products from the clay of the tract of land known as the Mendenhall estate ; therefore Be it resolved, by the Board of Directors of the Street and Sewer Department : Part of Lin- SECTION 1. That all that part of Linwood avenue as laid temporarily® dowu on the plan of the City of Wilmington as aforesaid be- fr(^city tween Twenty-sixth and Twenty-seventh streets be and the plan. same is hereby temporarily removed and obliterated from said map for the purpose and time set forth in the foregoing pre- ambles. RESOLUTIONS. 1071 Sec. 2. That all ordinances and resolutions or parts of same inconsistent herewith be and the same are hereby super- seded. Adopted January 15, 1907. A RESOLUTION fixing the fiscal year of the Street and Sewer Department. Whereas, April 31st, which has heretofore been the ter- mination of the fiscal year of the Street and Sewer Depart- ment, is found to divide the business in such a way as to carry the work of one season into two reports, and also to bring the settling up of the year's operations and the office work of mak- ing a report for inspection of committee of the "Council" (as specified by law) so close upon the time that should be used for getting out specifications, plans and estimates for the next season's work, that it is thought best- to change the date to January 31st, of each year, so that the winter time will divide the season's work and enable the Secretary and his assistants to get up all reports fully and at proper time, therefore Be it resolved, by the Board of Directors of the Street and Sewer Department: Section 1. That tlie present fiscal vear of the Street and Ending of . ' o 1 n « fiscal years. Sewer Department be made to terminate January 31, 189-4, and that each succeeding fiscal j'ear shall terminate on Janu- ary 31st. Sec. 2. That all resolutions or parts of same inconsistent herewith be and the same are hereby superseded. Adopted January 23, 1894. PART VI Rules and Reo^ulations OF THE Board of Water Commissioners RULES AND REGULATIONS. 107J RULES AND REGULATIONS OF THE BOARD OF WATER COMMISSIONERS, As Amended and in Force December 31st, 1909. Page j Page 1. Chief Engineer 1075 16. Annual Water Rents 1081 2. Duties of Chief Engineer 1075 j 17. Contracts for Private 3. Repairs to IVIachinery. . . . 1076 Pipes 1082 4. Chief Engineer to IVlake 18. Applications for Permits. 1083 Annual Report 1076 19. Applications for Fire Ser- 5. Plans of Construction and vice 1083 Estimates of Work 1076 20. Detector Meters for Fire 6. Report of Water Pumped 1076 Service 1083 7. Reports to Meetings of 21. Leakages in Fire Services 1084 Board 1076 22. Obstructing Access to 8. Foreman 1077 Fixtures 1084 9. Enginemen 1077 23. Horse Trough 1084 10. Registrar 1077 24. Meters for Manufacturers 1085 11. Duties of Registrar 1078 25. Advertisements of Water 12. Weekly Pay-rolls 1079 Rents Due 1085 13. Penalty for Introdution of 26. Wash Paves 1085 Fixtures 1079 27. Meter Supply 1086 14. Wasting Water 1079 28. Water Rents 1088-1091 15. Fire Hydrants 1080 Section 1. The head of this department shall be called gjnlei^a^nd the Chief Engineer and Superintendent of the Water Works, dent.*^'^*^"^" He shall hold his office until his successor shall be chosen, un- ^^nd. less sooner removed by the Board of Water Commissioners. His salary shall be fixed by the Board of Water Commission- ers. He shall give security satisfactory to the Board of Water Commissioners in the sum of ten thousand dollars for the faithful performance of the duties of his office. Sec. 2. He shall have charge and care of the Water ^^,^5^3 ^^ Works of the City of Wilmington, including engine houses ^^'^^ ^"- and their machinery, the reservoirs, pipes, mains, dams, fire hydrants, and property; and control and oversight over all 1076 EULES AND REGULATIONS. the officers and men connected therewith, and assign and di- rect their duties, so as to carry on the details of the works ; he shall attend to the direction of all new w^orks now or hereafter to be constructed. He shall appoint said employees or dis- charge them for cause. Repairs. Sec. 3. He shall take under the direction of the Board of Water Commissioners, immediate measures for the repair of any damage w^hich may happen to the machinery or fixtures connected therewith. Annual reports. Sec. 4. He shall, annualh", at the first stated meeting in July report to the Board of Water Commissioners, the condi- tion of the works under his care, and, if any, what extensions are necessary, and shall embody in said report the annual statement of the Kegistrar. Plans and estimates for con- struction and repairs. Sec. 5. He shall prepare plans of construction ; make all necessary estimates connected with the Works; wiiether for construction or repairs ; certify all accounts, bills, and con- tracts for materials purchased, or labor performed under his direction, shall notify the Board of Water Commissioners of all breaches of contract, and supervise and arrange all con- tracts for labor to be performed or material to be purchased and for the purchase or laying down of such mains, pipes, and fixtures, as may, from time to time, be directed by the Board of Water Commissioners. Report of water pumped. Weekly re- port of operations. Sec. 6. He shall, at each regular meeting of the Board of Water Commissioners, lay before them the number of gallons of water raised by each pump, and the amount of coal con- sumed by each. Sec. 7. He shall, at each regular meeting of the Board of Water Commissioners, report in writing the working condi- tions and operation of the Water Works, and make such sug- gestions for its improvement and extension as may be advan- tageous to the system. RULES AND REGULATIONS. 1077 Sec. 8. In this department there shall be one Foreman. Foreman. The Foreman to have charge of all the mains, stop-cocks, fire hydrants and other fixtnres appertaining to the distribution of water through the city, and to personally attend to the lay- ing of new pipes as well as the repairs of pipes, fire hydrants, and other fixtures that may require it ; to attend to the drill- ing of pipes for making attachments, shutting off the pipes for repairs on account of leaks, and shut off the water, and cut off such pipes as may be directed, on premises on which the water rent has not been paid ; to keep an account of all new pipe laid and repairs made, and all materials used for the same, under his charge; shall have charge of the pipe yards, and repair shop, and attend to the receipts of all new pipes and fixtures that may be delivered by contract or otherwise, and see that a proper stock of articles to guard against accidents shall be kept on hand, and report to the Superintendent of the Depart- ment, any deficiency that may exist therein ; to report at such times as may be required, all the work and labor performed and material required for new work, make out the time-list of all the men employed under him, shall attend to the check of all undue waste of water from leaks, carelessness, or other causes, and report any infringements of the Laws, Rules and Regulations provided for that purpose, to the Superintendent of the Department ; and such other duties as may be assigned to him by the Superintendent. He shall be appointed by the Board of "Water Commissioners. Sec. 9. There shall be the required number of enginemen. Engineers. Said officers shall perform such duties, and at such times, as the Superintendent may direct. They shall be appointed by the Board of Water Commissioners. Sec. 10. There shall be, in this department, a Registrar Registrar of Water who shall hold his office until his successor shall be ^^^^^ appointed, unless sooner removed by the Board of Water Com- missioners. His salary shall be fixed by the Board of Water Commissioners. He shall give security in the sum of fifteen thousand dollars, satisfactory to the Board of AVater Commis- sioners, for the faithful performance of the duties of liis of- fice. 1078 RULES AND REGULATIONS. Registrar's g^c. 11. The saici Registrar shall have an office at which office hours. ° he shall attend during office hours, said hours being fixed by the Board of Water Commissioners. He shall keep all the ac- counts of the Water Works, opening an account with each per- son using the water of the city, charging each item separately, and giving credit in the account when paid; he shall receive at his office, all moneys due to the city for water. He shall is- sue all permits for the use of said water, and shall keep a list of those who have contracted for a supply of water by private pipes, the dates of the contract, and the rates at which said water is furnished. He shall, monthly, send to the Board of Water Commissioners a statement of his accounts, and make a full settlement of the same, which shall always be open and subject to the examination of the Board of Water Commis- sioners, or any meniber thereof; he shall make daily deposits during the month of January, in each year, and during the other months of the year, at his discretion ; provided, however, he shall make at least, one deposit each and every week, one of which to be in settlement of his monthly accounts for the pre- ceding month of all moneys coming into his hands, as near the close of bank hours as possible, taking therefor from the bank officers, duplicate certificates of deposits in form provided by the Board of Water Commissioners, one of which he shall im- mediately thereafter file in the office of the City Treasurer, and the other in the office of the Water Department, as his voucher. annuaf^^^ The Registrar shall, annually, on or before the 30th day report. ^jj June, report to the Chief Engineer the proceedings of his department during the year, showing the number of tenants supplied with Branclywine water; the amount received from them; the number of new tenants for the year, and the amounts paid or due by them, both for ferrules and water, separating the items of expenditure under the different heads of salaries, extension of pipes, distribution, machinery, and in- cidentals, together with such other information as he may have as will enable the Board of Water Commissioners to acquire a correct knowledge of all matters relating to the Water Works. KULES AND REGULATIONS. 1079 All bills ordered by the Board of Water Commissioners to be paid for on account of Water Works, shall be paid directly to the parties having the claims, in the same manner as bills of other departments of the city are paid, and the bills thereof, be sent by the Secretary of the Board of Water Commission- ers to the City Auditor, who shall return the same to the office of the Water Department and be filed therein. Sec. 12. The Chief Engineer of the Water Worlvs shall Pay rolls, make, or cause to be made out on INIonday of each week, a pay- roll containing the name of each person employed by the day or week, their occupations, and the amounts due to such per- sons, and submit the same to the Board of Water Commission- ers, and if said pay-roll shall be approved, orders shall be drawn in favor of the Chief Engineer to pay the parties named therein. Sec. 13. If anv person shall introduce on any premises Penalty for , . . ' . . putting in additional water fixtures of any description, or form any con- fixtures "^ -^ ' . "^ without per- nection with any water pipe, without a written or printed per- mit. mit from the Registrar, such person shall pay for each and every such offence the sum of five dollars, and shall not be en- titled to receive any permit for the introduction of city water on any premises whatever until such penalty and the water rent shall be paid, and the supply of city water to such prem- ises may be discontinued until such payments shall be made. Sec. 14. If anv person shall permit the Brandywine .^^ ,, ^ t^ t- J Penalty for water to flow unnecessarily from any private pipe or fixtures wasting thereof on his or her premises, or the premises by him or her occupied, either within a building or enclosure, or any street or alley, every such person shall forfeit and pay for each such offence, the sum of five dollars ; and in all cases where several persons receive a supply of water by branches uniting with a private common pipe, every person who may so receive the water, shall be bound to keep such common pipe in repair, and in case of waste by leak or leaks therefrom, shall be severally liable for the penalt}^ above imposed. If at any time it shall be necessary to repair a private pipe within the limits of the cartway of any public street or alley, a permit shall be first 1080 RULES AND REGULATIONS. Waste of water. Repairs. Penalty. taken for so doing, and the expense of such repairing paid by the person or persons interested, under the penalty of five dol- lars for the neglect of this provision. Not more than one house shall hereafter be supplied with water from one ferrule, and when two or more houses shall have been thus supplied previ- ous to the passage of these Laws, Kules and Regulations, and any one of such houses shall be delinquent in payment of water rent, or have leaky fixtures on the premises, it shall be lawful to cut off the supply by detaching the pipe of the de- linquent or leaky premises, until the leaky fixtures are re- paired, the delinquent rent and all expenses of detaching and re-attaching paid, without any liability or claim whatever against the city by reason of such shutting off of the water. Upon information being lodged with the Chief Engineer or other officers of the Water Works, of the actual or probable evasion or violation of any of the provisions of these Laws, Rules and Regulations; in any building, lot of ground, or premises into or through which pipes for conducting a supply of Brandywine water may be laid, it shall be lawful for the said Chief Engineer or other officers, directed by him to enter such building, lot of ground and premises, for the purpose of examining the pipes of conduit, and the coclvs and fixtures thereof, and of ascertaining whether the same are in proper order and repair, and if for want of such repair, there be a waste of water, and the owner or occupier of such building or lot of ground or premises, shall neglect or refuse, upon notice being given by the said Chief Engineer or other officers, to have the necessary repairs made forthwith, the said Chief En- gineer or other officers delegated by him are hereby authorized and empowered to shut off the water leading to such building, lot of ground, or premises, and any person who shall let on the water before the necessary repairs are made, shall forfeit and pay the sum of five dollars, and any person who shall obstruct or oppose the said Chief Engineer or other officers in making such entry and examination as aforesaid, shall forfeit and pay for each offence the sum of twenty dollars. Fire hydrants. Sec. 15. If any person or persons, entrusted with the wrenches or spanners of the fire hydrants, shall neglect or re- RULES AND REGULATIONS. 1081 fuse to shut the same as soon as the fire is extinguished, he or they shall forfeit and pay for such offence the sum of five dol- lars. If any person or persons, except the Chief Engineer and Superintendent, or some person by his authority, shall open or shut the stop-cocks, fire hydrants or water gates attached to the pipes of conduit, he or they for cA'ery such offence, shall forfeit and pay the sum of five dollars. If any person or per- sons shall break, injure, or do any damage whatever to the pumps, pump-house or machinery, erected on the Brandywine, or elsewhere, for the purpose of supplying this city with water, or to the pipes of conduit laid for the passage of the water or to the fire hydrants, stop-coclvs, water gates, hy- drants, pumps, or other fixtures appertaining to, or connected with the same, or shall throw or put any stones, filth, or any ■ foreign matter or substance whatever into the basins, or reser- voirs, or shall damage or injure in any manner the fencing and paling enclosing the same, or shall break the earth in any of the streets, lanes, or alleys of the city for the purpose of dis- turbing, moving, or injuring the pipes of conduit, or obstruct- ing the passage of water through the same, every person so of- fending, shall forfeit and pay for every such offence a fine not exceeding fifty dollars and not less than five dollars, and pay the cost of repairs made necessary by reason of the damage done. Sec. 16. The Annual Water Rents shall be payable to the Registrar, at the office of the Department annually, in advance in the month of January, in every year ; and if the water rent or any portion thereof remains unpaid on ]\Iarch 1st, succeed- ing, the water may be shut off, and the water shall not again be supplied or furnished to such premises, except upon pay- ment of all arrears of Water Rents. In all new contracts, to be granted, and all vacant houses where water has been shut off by the Department, the Registrar shall be authorized to de- mand and receive, in advance, such Water Rents as may be- come due for the balance of the year. When city water is sup- plied to any premises through meter at meter rates, bills shall be payable quarterly, and when any bill is not paid within 1082 RULES AND REGULATIONS, thirty daj's after the close of any quarter, the water may be shut off as in other cases of delinquent Water Renters. The minimum charge for water furnished by meter meas- urement shall be collected in January, and if the Water Rent or any portion thereof remain unpaid on March 1st, succeed- ing, the water may be shut off as in other cases of delinquent Water Renters. When the amount of Water Rents exceeds the minimum, the excess shall be collected quarterly. Contracts Sec. 17. Every contract which shall hereafter be made water.^° by the city, with any person or corporation for a supply of Brandywine water by private pipe, shall be deemed and taken as a permanent contract, unless either party, from a change of circumstances, may desire to make a new one, in which case the person or corporation using the M^ater, or the Registrar oga behalf of the city, shall have power, at any time, by giving one month's written or printed notice, to which the signature of the said Registrar is affixed, to the other party to the contract, to avoid and rescind the same at the termination of said notice. In case notice comes from the Registrar, and the use of the water is discontinued, the proportional share of Water Rent paid in advance, shall be refunded hy the city, and the Regis- trar is hereby authorized and directed to do so. If any person who has contracted, or may hereafter con- tract for a supply of said water, shall permit any person or persons other than members of his or her family, or persons residing or dwelling in his or her house, to have free or com- mon access to the hydrant in the premises by them occupied, for the purpose of using the said water, the person or persons so permitting the said water to be so used, and the person or persons so using the said water, respectively, shall upon con- viction thereof, pay a fine of five dollars. Provided, that this provision shall not be construed to prevent the owner or occu- pier of premises in which there is a hj'-drant, from permitting any other person who has any existing contract for said water, but whose private pipe or hydrant is out of order, and under- KULES AND REGULATIONS. 1083 going- repairs, to obtain and use the water from such hydrant, while such repairs are going on and until they are completed. Sec. 18. All persons desiring a water supply from the Applications ^ ° . . . for altera - City of Wilmington, or to extend water pipe in connection tions or ex- "' ' . . tensions. therewith or make alterations or extensions m the water fix- tures, must first make application at the office of the Water Department upon printed forms to be furnished by said De- partment, the blanks to be properly filled in and signed by the owner of the premises, and a licensed plumber, authorized to do the work ; to whom a permit will be issued, except in case where water is required for the purpose of erecting new build- ings, then a permit will be issued to a contractor or builder, without the signature of the owner of the premises, if satisfac- tory information is given. In eveiw application for a permit the applicant or appli- cants shall state fully and explicitly the purpose to which he or she or they intend applying the water of the city ; and every person wilfully making a false statement as to said applica- tion, shall forfeit and paj' for the offence the sum of ten dol- lars. In case any person or persons shall hereafter carry off the said Brandywine water in any way whatsoever, from the city hydrants, or from any private premises, to be used out of this city, except in times of fire, or unless duly authorized by the Kegistrar, such person or persons shall forfeit and pa^^ for every such offence, the sum of five dollars. Sec. 19. All persons desiring a water supply from the hydraifts^'^^ City of Wilmington for the purpose of extinguishing fire, or to extend water pipe in connection therewith or make altera- tions to the present system, must make application at the of- fice of the Water Department, the blanks to be properly filled in and signed by the owner of the premises. The water to be used for this purpose (extinguishing of fire) must pass through a detector meter of the by-pass and automatic check valve variety that will properly meet the con- ditions of a fire or sprinkler supply. The said detector meter and the installation thereof to be paid for by the applicant, 1084 RULES AND REGULATIONS. Obstruction of fire hydrants. also all piping and valves from the end of the branch connec- tion in the city main to a point designated by the Chief Engi- neer shall be installed by the Water Department and at the expense of the owners. If npon examination of the fire hydrants and automatic sprinklers now existing, there be found any leakages causing a waste of water, the Chief Engineer is herebj'' authorized and directed to place a detector meter on the said supply, at the expense of the owner of the property. Any person or persons who have been permitted to intro- duce upon his, her or their premises, a fire hydrant, automatic sprinkler or other appliances for the protection of their prop- erty from fire who shall use or permit the same to be used for sprinkling or washing the yards or streets, filling wells, boilers, tanks, or for any purpose whatever, except its legitimate use— for the extinguishment of fires — shall forfeit and pay a fine of twenty dollars for the first ofi:'ence, and upon a repetition of said offence the Chief Engineer may be authorized to detach the connection of said fire hydrant, automatic sprinkler or other appliances from the main, notwithstanding the' cost of the introduction of said fire hydrant, automatic sprinkler or other appliances was paid by the said parties. Sec. 20. Any person who shall obstruct the access to any fire hydrant, stop-cock, or other fixture, connected with the supply of water to the city, by placing thereon stone, brick, lumber, dirt, or any other material, or who shall permit any such material to be placed thereon by those in his employ, shall be subject to a penalty of twenty-five dollars for each offence, and an additional sum of ten dollars for each day the same shall be continued after notice for the removal of such obstruc- tion shall have been served, and pay all expenses of removal. Horse troughs. Sec. 21. Any person or persons allowing water to flow into and from any horse trough; or other fixture used for watering horses, (public fountains and water troughs ex- cepted, as approved by the Board of Water Commissioners.) RULES AND REGULATIONS. 1085 when not in actual use shall forfeit and pay a penalty of five dollars for each and every offence. Sec. 22. Whenever it shall be considered necessary to ac- Meters, curately determine the quantity of water used by manufac- turers, distillers, hotels or other consumers, the Chief Engi- neer may attach meters to the several pipes supplying the premises, to which meters the officers of the department shall have access at all reasonable times. Sec. 23. The Registrar shall cause to be inserted in two Place and . . time of pay- or more of the ncAvspapers of the citv, the time and place, ment of water rents. when and where the water rents are payable, and the penalties for delay in paj^ment, and for non-payment thereof. Sec. 24. Wash paves are exclusively for washing the foot use of wash pavements of the premises charged with the wash pave, and ^^^^^- should their use be permitted for sprinkling the street or drive- way in front of said premises it is a concession by the Water Department and not a privilege of the owner, and must be con- fined to the space immediately fronting said premises and used with moderation before the hour of seven o'clock A. M. .and after six o 'clock P. M. And when any of the Water De- partment officials believe said sprinkling unnecessary, immod- erate, or not confined to the limits hereby specified he shall forbid its further use, and any person or persons who shall thus continue to use it after said notice without permission from the Registrar shall forfeit and pay a penalty of five dol- lars for each any every offence. Sec. 25. All new and renewed service pipes from the „. ^ ^ Size of curb stop to the inside of the cellar wall must be not less than service, three-quarters (f ) of an inch in diameter and laid at a uni- form depth of not less than four (-4) feet below the finished surface of the ground or sidewalk, and not less than three- quarter (f) inch diameter pipes must be extended through the cellar to all branches and continuously to all hopper closets. When the connection is made, the trench must be left open, until the work is inspected and approved by an Inspec- 1086 RULES AND REGULATIONS. tor of the Water Department. The o^^oier, contractor or plumber must notify the office of the Water Department, twenty-four hours before such inspection is required. The water supplied to any premises shall not be turned off, or turned on, (except in cases of emergency) at the curb stop, except by the Foreman or authorized employe of the Water Department. When the water is shut off in case of emergency the Water Department office must be notified im- mediately thereafter. Vacant houses. VACANT HOUSES. Where houses are vacant in the month of December of each year and to remain vacant for an indefinite time, and written notice is sent (prior to January 1st), to the office of the Department requesting the water to be turned off, the Water Department will shut off the water. The said property shall be exempt from Water Rent dur- ing such vacancy, from the first day of January until occu- pied, at which time the owner shall pay the Water Rent in ad- vance for the balance of the year, and the Water Department will turn on the water. When any water fixture has been removed during any year, written notice must be sent to the office of the Depart- ment prior to January 1st, following said removal, in order to have the Water Rent charged for said fixture deducted from the bill for the following year. Every person violating this section shall be liable to a penalty of five dollars for each and every offense. The use of Sec. 26. All persons desiring a water supply from the through City of Wilmington through meters, must first make applica- tion at the office of the Water Department upon printed forms to be furnished by said Department, the blanks to be properly filled in and signed by the owner of the premises, except in the case where water may be required for the purpose of erecting new buildings, or making repairs to buildings, then the con- meters. RULES AND REGULATIONS. 1087 tractor or builder may sign the said application. The appli- cant must agree to conform to and abide by the Laws, Rules and Regulations governing the Water Department of the City of Wilmington, Delaware, and the distribution of the Brandy- wine water. All meters shall be located, placed and kept from all ob- structions so as to afford easy access thereto, that they can easily be read and inspected. All meters belonging to the Water Department shall be placed by said Department and kept in repair, except when broken or damaged, whether by frost or otherwise caused by the negligence of the owner or tenant of the premises where such meters may be placed, in such case the owner shall pay the Department for said dam- age or injury. The Chief Engineer or an authorized employe of the De- partment shall have free access at proper hours of the day, to enter the premises to read the meter or to remove the same for repairs and replace the same. After a meter shall have been placed on the pipe or pipes supplying any premises, the owner of the premises shall be re- sponsible for any damage which said meter may sustain, re- sulting from the carelessness of the owner or tenant, and for any damage, w^iich may result from hot water or steam setting back from a boiler. It shall be the duty of the Chief Engineer to investigate and determine in each case the responsibility for the damage and the cost of the renewal or repairs. No meter shall be disconnected from the pipes, moved, disturbed or seal broken by any person except an authorized employe of the Department. Every person violating this sec- tion shall pay to the Department a penalty of not less than five ($5.00) dollars for each offense. No person shall be entitled to recover for damages, or to have any portion of the Water Rent refunded, for an}?- stop- 1088 RULES AND REGULATIONS, page of supply of water occasioned by choking or accident to the meter, or for the stoppage of water for the purpose of changing the meter, or making repairs, and the Chief Engi- neer shall have the right to shut off the water while making such change or repairs. The Water Rent shall be due and payable at such times, and with such discount as the Board of Water Commissioners may from time to time direct, and subject to the general rules for the payment of water rents. If a meter should become inoperative and fail to register correctly the Water Rent shall be based upon the quantity of water that passes through the meter when in good working or- der, for a corresponding period. On failure to comply with the Laws, Rules and Regula- tions established as a condition to the use of water, or to pay the water rates in the time and manner provided, the water may be shut off until payment is made of the amount due. TARIFF OF WATER RENTS. Sec. 27. The following are rates at which Brandywine water is furnished : CHARGES FOR DWELLING HOUSES. Dwelling houses of four or more rooms having hydrant in yard or kitchen, or both, one family $5.00 Small dAvellings containing two rooms, one family 3.00 Small dwellings containing three rooms, one family 4.00 Dwellings occupied by more than one family : Each suite of two rooms, one family 3.00 Each suite of three rooms, one family 4.00 Each suite of four or more rooms, one family 5.00 Baths, each, 3.00 Water closets and urinals, self closing or with reservoir, each 2.00 Water closets and urinals of other description 3.00 Wash paves of every description, or hose attached to hy- drants for that purpose (no part of year) 2.00 RULES AND REGULATIONS. 1089 Bidets and foot tubs, each 1.00 Wash basins and sinks in chambers or pantry, each 1.00 CHARGES FOR STORES, ETC. Stores, offices, factories, shops, etc 3.00 Stores, without Avater in them. 1.00 to 3.00 Basins or sink additions, each 2.00 Water closets and urinals, each 3.00 Bars with water in or out of bar 5.00 AVash basins and sinks, each 2.00 CHARGES FOR STABLES. Private stables with one horse 3.00 Private stables each additional horse 1.00 For washing (with use of hose) each carriage or vehicle. 1.00 For washing (without use of hose) each carriage or vehicle 50 For market horses exclusively, each stall 50 For each cow 50 MISCELLANEOUS. Lawn sprinklers or hose used as such 5.00 Eating and oyster saloons ; 3.00 Green and hot-houses, private 3.00 Green and hot-houses for florists, each 5.00 Heating boilers, circulating, private dwellings 1.00 Heating boilers, circulating, public buildings .... 5.00 to 10.00 Fish stalls o.OO to 20.00 IMarket houses, each stall, in addition to appliances 25 Churches 5.00 Pools in churches 3.00 Each tub at Public AVashing establishment 3.00 Each tub in hotel or dwelling 1.00 For common family bakeries, in addition to charge for dwellings 3.00 Barber shops, one basin 3.00 Barber shops, each additional basin 1.00 Drug stores 5.00 Fountains in drug store, each per month 1.00 1090 RULES AND REGULATIONS. Locomotives, each 40.00 Boilers, other than for steam engines, per horse power. . 2.00 Photograph galleries 10.00 RATES FOR WATER CONSUMED BY METER MEASUREMENT. First tAvo thousand (2,000) en. ft. or less per quarter, 75 cents per thousand. Xext three thousand (3,000) cu. ft. or less, per quarter, 60 cents per thousand. Next five thousand (5.000) cu. ft. or less, per quarter, 45 cents per thousand. Xext ten thousand (10,000) cu. ft. or less, per quarter, 40 cents per thousand. Xext thirty thousand (30,000) cu. ft. or less, per quarter, 38 cents per thousand. Xext fifty thousand (50,000) cu. ft. or less, per quarter, 37 cents per thousand. Xext one hundred thousand (100.000) cu. ft. or less, per quarter, 36 cents per thousand. That is. the cost of two hundred thousand cu. ft. is $75.45. All in excess of two hundred thousand cu. ft.. 35 cents. limum charge .... . . . . J in. meter $10 e ( ( .... 4 15 < i i ....1 " ( 20 i i . ( i i i 1 1 i . . . .2 " ....3 " ....4 " .... 5 " ....6 " i 30 40 50 60 70 I i I 80 BUILDING PURPOSES. Dwelling houses (five or less), each $1.00 Each additional house in excess of five, embraced in one permit and in same locality, each ! 60 RULES. AND REGULATIONS. 1091 Other small buildings, same rate as for dwelling houses. Large buildings, special rates. Eevised, amended, approved and adopted by the Board of Water Commissioners, September 23, 1907. PART VII Rules and Regulations OF THE Board of Park Commissioners RULES AND REGULATIONS. 1095 PARK REGULATIONS. The Board of Park Commissioners of the City of Wil- mington, under their power to make all needful rules and regu- lations for the government of any parks under their control, have made the following. Persons violating these rules are liable to penalties in amount not exceeding $10 for each offense. I. No person shall cut, break, or otherwise injure or de- face a>ny trees, shrubs, plants, turf, rock, or any building, fence, bridge, or other structure within any Park. XL No person shall carry firearms, shoot birds, or other animals, or throw stones or other missiles, or in any w^ay dis- turb or annoy the birds or animals within the boundaries of any Park. III. No person shall make a fire or throw or place upon the ground any lighted match, cigar, or other burning sub- stance ; or set a trap or snare ; or injure, annoy, or disturb or have possession of any wild animal or bird, or injure or de- stroy any nest in any Park. TV. No person shall be guilty of any threatening, abusive, insulting, or indecent language, or commit any obscene or in- decent act in any Park. V. No person shall, Avithout permission from the park au- thorities, ride or drive upon any part of the park except upon roads intended for that purpose. The use of the roads, except in cases where persons have legal rights therein to the con- trary', and also speeds allowable on the roads, are subject to such directions as the Superintendent may from time to time give ; but automobiles and other vehicles must not at anj- place go faster than is consistent with safety to those using the roads. 1096 RULES AND REGULATIONS. VI. No person shall enter upon or loiter abont any pro- hibited place within the Park, or violate any special notice or injunction, or loiter in anj^ place after having been directed by an officer to move on, or refuse to obey any reasonable request of any park guard. VII. No person shall erect, paint, paste or otherwise affix or distribute any signs, advertisements or circulars within any Park. VIII. Loose horses, cattle, fowls, dogs and other domestic animals are not allowed in any Park. Dogs kept in leash are not prohibited. IX. No person shall injure, deface, destroy or remove any notice or regulation for the government of the Parks. APPENDIX Charter, Laws and Ordinances, Revised To January 1 , 1910 APPENDIX 1099 APPENDIX. City Elections Law. (1.) In June, 1910, the Court in Banc decided that the Act of the General Assembly making the time for the holding of elections in the City of "Wilmington to be every "second" year, Avas invalid because of the failure of the clerks of the Senate and House of Kepresentatives to enter the aye and nay vote upon their journals. This work is brought up to December 31, 1909, and for this reason the law is left unchanged. The decision of the Court would make the holding of elections, now, every ' ' fourth ' ' year. Appropria- Appropriatioxs to Fire Companies. ^}^Z^^^i^^% (2.) Sec. 68. (In any appropriation for fire companies Act of Feb. T, looT. lo in the City of Wilmington by the Council the amount granted d. l. 338. to anv one companv shall not be in excess of Three Thousand ' Act of April Dollars m anv one fiscal A'ear ; [but to anv fire companv not 21, is97._ 20 " ' , " ' . D. L. 675. having a chemical engine or combination hose and chemical vragons the amount granted shall not be in excess of Thirty- five Hundred Dollars in any one fiscal vear] , except that said Act of April ' 13 1895 Council may grant an additional sum) [not exceeding Twod.l. 157. Thousand Dollars annuallv to the Washington Fire Companv, Act of Feb. 25. 1S97. 20 No. 7, for the use of their chemical engine] [and a like sum b." l. 663. not exceeding Two Thousand PoUars annually to the Weeeacoe Fire Companv. No. 8. for the use of its chemical enoine.l [Pro- Act of March . "^19. 1S97. 20 videcl, however, that the said Council shall pay to the Dela- d. l. ees. ware Fire Company, No. 3. of Wilmington, Delaware, the sum . * ' . Act of June of Thirtv-five Hundred Dollars per annum. 1 [That rrom and 9. is98. 21 D L. ''48. after the first day of July, A. D. 1898, there shall be appro- 1100 APPENDIX priated by the City Council of the said City of Wilmington for, and the Mayor and Council of the said City of Wilming- ton be and are hereby authorized and directed to pay to the said Phoenix Fire Company, No. 4, of Wilmington Delaware, the sum of Five Thousand Dollars per annum to be paid semi- annually in the sums of Twenty-five Hundred Dollars in the months of March and September.] For ordinances relating to the Water Witch and Brandywine Fire Coraiianies, see pp. 642 and 645 of this volume. See 20 D. L. 675, and 25 D. L. 315. See also page 553 this volume. The Act of April 7, 1909 (p. 553 of this volume) authorizes The Council to make contracts with the fire com2)anies, ''provided, however, that the amount named in said contract shall not be less than the amount now appropriated by the Council to the respective companies." The above is printed to show the amounts "noiv appropriated." Sewer Connections. (3.) On page 139 of the charter (this volume) is the fol- lowing: "And if the expense incurred by the Board of Health in making the aforesaid connections,'''' etc. This word ''con- nections" referred to sewer connections, but the manner in Avliich the amendment was made to the old law, leaves it, now, meaningless. The reference to sewer connections is now on pages 142 and 143 of the Charter. Obsolete Ordinances. This work contains a number of useless and obsolete or- dinances, such as providing for a bellman, making it unlawful for minors to collect and assemble in the streets in the even- ing without the written consent of their parents, provisions as to wharves, &c. Their repeal was not asked for because it was thought occasions might arise at times when the enforce- ment of them would answer a purpose. Certain obsolete or- dinances have been allowed to remain as showing how the city treated and dealt with its own property. INDEX A. ABATEMENTS of nuisances (See Nuisances, Board of Health.) of taxes, when paid in July 94 ACADEMY (OLD) title to, vested in City 523 ACOOUXTS, BILLS AND ORDERS duties of Auditor respecting (See Auditor) Clerk of Council respecting (See Clerk of Council) Treasurer respecting (See Treasurer) ACI^^owLEDGMENTS of deeds, &c., before Judge of Municipal Court 52 of deeds, &c., before ilayor 34 ACTS OF THE GENERAL ASSEMBLY to revise and consolidate acts relating to the City (charter). .17-146 inconsistent with charter, repealed 146 relating to the City of Wilmington 149-562 supplementary to the charter 149-156 relating to bridges .....* 510-512 City officers 157-167 aty railways 256, 403-509 elections 272-418 exemptions from taxation 484, 485-492 the harbor 185-204 miscellaneous 518-562 Police Department 205-220 public parks • • ■ ■ 168-173 public schools 419-453 registration of voters 272-328 sales of real estate 513-517 1102 INDEX. ACTS OF THE GENERAL ASSEMBLY— (Continued) seAvers and drains 238-248 sinking fund and City debt 454-484 Street and Sewer Department 224-237 streets and roads 249-271 Water Department 174-184 ADMINISTRATOR of assessors and collectors, powers of 95, 99 ADVERTISEMENTS of appropriation ordinances 77 assessment lists 89 of Board of Education's accounts 431 of bogus sales prohibited 524 of impounded animals 747 of names of delinquent taxables 99 of proposals for contracts 179, 234, 437-438, G13-614, 978 of proposals respecting garbage 139, 797, 801 of sale of property by Board of Health 140 on telegraph, &c., poles, prohibited 994 ADVISORY BOARD action of, not binding on any officer or department of City 105 composition of 30 excei^tion, as to settlement of disputes 105 Mayor to preside at 105 member^ of, may speak biit not vote in Council 105 members of, not to receive compensation 105 secretary of, qualifications, duty and salary 604-605 AFRICAN UNION CHURCH burials in ground of, prohibited 520 "AGENT OR PERSON IN CHARGE" definition of, as regards removal of snow and ice from sidewalk 1019-1020 ALLEYS (See Streets) ashes, garbage, &c., placed in, prohibited 766-767 niiisances in, abatement of 143 paving of, by Board of Health 780 A]\IBULANCES penalty for interfering with, or obstructing 986, 1023-1024 right of way of 986, 1024 INDEX. 1103 A:MrSEMEXTS (See Shows) powers of Council to regulate 56, 522 AXIilALS at large in streets, prohibited 745, 747 dead animals, casting of into streets, prohibited 773 driving, &c., of, on grass plots 995-996 di-iving, &c., of, on sidewalks, prohibited 742-743 driving of, at an immoderate gait 745 dumb, what term includes 972 fee for impounding 747 impounding of animals at large 747 notice to owner of 747 penalties for cruelty to 971 in public parks, regulations of 1095, 1096 racing of, in streets, prohibited 748 reclaiming impounded animals 747-748 regulations for slaughtering and sale of meat of 805-808 sale of, by dog catcher 748 shooting of, unlawful in public parks 1095 APPEALS to Advisory Board 105 to Board of Assessment, Revision and Appeals 89-90, 488 from Building Inspector 840-841 to Finance Committee as to taxes on horses 930 from ]\Iunicipal Coiu't, when and how allowed 48, 49 from surveyors and regulators to Council 133 APPLICATIOX TO OPEX AXD EXCAVATE STREETS how to be made to Street and Sewer Department 1047-1048 APPROPRIATIOXS accounts of, by whom kept 566-567 for Cliristiana River (improvement of) 204 by Council, expenditures not to exceed head or item 75 by Council, to certain departments, when made 59, 60 for current expenses, how made 75 for extraordinary occasions, how made 75 extraordinary, when and how paid 76 ordinances making, to be published 77 ordinance making appropriations for 1909-1910 989 to Board of Education 59, 434-435, 437 to Board of Health 59 to fire companies, deductions from as penalties 042 1104 INDEX. APPROPRIATIONS— { Continued) to Militia of State 548 to Park Commissioners 59, 170 to Police Commissioners 59 to Police Pension Fund 219 to Sinking Fund Commissioners 455 to Street and Sewer Department 59, 231-232 to Water Department 59 to Wilmington Institute (Free Library) 525, 526, 527, 985 transfer of, how made 75 AREAWAYS on Gilpin avenue, regulations of 256 unlawful on sidewalks ; 1016 ARMORY lease of land for erection of 924-925 ARRESTS for taxes, by assessors and collectors 99 ASCENTS map of City relating to, of streets, &c 129 ordinance relating to, of streets (ancient) 935 of streets omitted (See Preface) ASHES of crematory, Council disposed of 804 in what to be placed 894, 998 placing of, in private alleys 766 in streets 999 by whom to be removed 225, 998 not to be mixed with rubbish 998 thromng of, in sewers, prohibited 1053 throwing of, in streets, a nuisance 758 ASIATIC CHOLERA (See Contagious Diseases) burial of bodies of persons dying from 785-786 duty of physicians to report cases of 783 ASSAULT AND BATTERY (See Municipal Court) ASSES (See Horses) . INDEX. 1105 ASSESSMENTS (See Assessors and Collectors of Taxes) additional, for taxes 89, »0, 91 for City taxes, how made 88-91, 488 election expenses : ■ • • -406 lists of, where kept 89, 90 warrants upon 92 corrected lists of. to whom delivered 92 inspection of lists of 93 laid before Council, when 91, 488 powers and duties of Board of Assessment, &e., respecting. . . . 81-92 what property exempt from, for taxes (See Exemptions From Taxation) 83-84, 485-492 what property subject to, for taxes 83, 84-86 of benefits for opening streets 112-118, 228 of cost of repairing footways . : 122, 123, 124 of cost of alteration of water courses 137 of cost of paving and curbing 119 recording of same by Auditor 120 of damages and benefits to land taken for streets and sewers ... 228 of damages for taking lands for parks 171 of damages for vacating roads HO of damages for opening streets 111-118 of cost of new sewers 238-244 for school taxes, how made •• • 90-91 for sewers, apportionment of 239 abatement of 241-242 collection of ^42 lien of 241 rate of 239-240 of corner lots ; 240 what land exempt from 243 on land abutting on streams 243 when payable 241-242 for taxes, wdien to be completed 83, 89-90, 91 of taxes on horses, how made 103, 929 marsh lands 521 ASSESSMENT LISTS ■ corrected, by whom and when made 92 of horses, appeals from . 930 of horses, for taxation 9-9 public notice of filing of 89 warrants upon 92 where kept 89, 90 1106 INDEX. ASSESSORS AND COLLECTORS to advertise lists of unpaid taxes 99 allowance of errors due 83, 94 appearance of, before Committee on Finance 101 a^ipointment of clerks by 599 may arrest delinquent taxables 99 duties of Auditor respecting 569 balances due from, how collected 101-102 to give bills and receipts for taxes 93 I^owers of Board of Assessment, &c., respecting 81 bonds of 82, 102 to deliver certain certificates to City Solicitor 98 to furnish certificates of deposit 101 to make corrected assessment lists 92 City officers 30 clerks of 82 duties of Clerk of Council resj^ecting 567 how to collect taxes 97-99 to assess and collect taxes on horses, &c., when 103,929-930 when to complete assessments 83, 89, 90, 91 Council may enjoin additional duties ujion 93-94 may examine county records 88 death or removal of 94-95 where and when, to dejjosit, and hoAV to draw out monej's. . .986-987 duties as to making lists of children between ages of seven and fourteen 443 duties of, as to rural and built-up real estate 488 duties of, when City limits extended : 21-27 election and residence qualifications of 81-82 extension of powers of, beyond term of office 83 powers of executors and administrators of 94-95, 99 may examine books in office of Chief Engineer of Surveying De- partment 105-100 freehold qualifications of 82-83 sale by, of horses for unpaid taxes 930-931 liability of, for collection of taxes 94 oath of 102 payments by, of taxes collected 101 receipts to be given by, when horse tax is paid 930 salaries of 93, 102 settlements by 101 substituted, powers and duties of 95 to keep accounts and certain books of tax receipts 930 vacancies in office of, to be filled bv the Council 94-95 INDEX. 1107 ASSESSORS' AND COLLECTORS' CLERKS appointment, duties and salaries of 82, 599 may be removed by assessors and collectors 599 ASSIGNATION HOUSE (See House of Ill-Fame) keei^ing of, jn'ohibitod 536, 759 ASSISTANT CITY SOLICITOR appointment of, by City Solicitor 66 discharge of, by City Solicitor 66 qualifications of 603 salary of 06, 603 salary of may be increased by the Council 66 ASSISTANT CLERK OF STREET AND SEWER DEPARTilENT salary and bond of 1008 ASSISTANT ENGINEERS AND SUR^rEYORS (See Surveyors and Regulators) duties of. as to registration of real estate 106 duties of, general 621 election and terms of 618 oaths and bonds of 618 salaries of 608-609,618 ASSISTANT ENGINEERS IN CHARGE OF SEWERS (See Engineers in Charge of Sewers) ASSISTANT ENGINEERS OF FIRE DEPARTMENT duties of 630 election of .' 158-159 qualifications and salaries of 630, 644 removal of 631 ASSOCIATE JUDGE OF NEW CASTLE COUNTY to appoint commissioners to open streets 112-115 ■ to appoint Deputy City Judge for INIunicipal Court 39 ATTORNEY GENERAL in person, or by deputy, may prosecute in Municijial Court 46 to be notified of and to prosecute without delay violations of election Acts 301, 336 disputes between littoral proprietors settled by 203 1108 INDEX. AUCTIONS powers of Council to regulate 56, 535 regulations of (See Auctioneers) 954-957 AUCTIONEERS auctioneers, -who are 955 auction house, but one allowed to 955 Auditor, duties of, respecting 570, 954 Council may license, tax and regulate 56, 535 Council may regulate (under charter) 56 fees of 955, 956 licenses to, by Clerk and President of Council 954 limit of time to paj^ over proceeds of- sales by 957 penalty for sales by, without license 956 poAvers of, under licenses 954 refusals by, to pay over proceeds of sales 957 revocation of licenses of 955 term of license of 954 unlawful fees taken by 957 AUDITOR accounts, bills &c., duties of. as to 52, 56, 63, 65, 180,217,235.236,433-434.560,568,569,570,571, 575,590,621,988,1079. appointment of 64 to collect fees from auctioneers 954 duties of, as to auctioneers 570 to record assessments for curbing and paving 120 to examine accounts of certain officers 570 to examine accounts of collectors of taxes 569 to audit accoimts of Street and Sewer Depai-tment 236 to examine bills and accoiuits of Water Department 180 bills and accounts against Board of Public Educa- tion 433 bills against the City 570, 958 to apjDrove bills of Police Commissioners 217 duties of, as to bills and orders of Street and Sewer Department. 235 duties of, as to bills of Water Department 1079 to keep certain books 235 bond of 65, 569 approved by Finance Committee 65 Building Inspector to make daily and monthly reports to 837 a City officer 30 approval by, of statements from Clerk of ^Municipal Court 52 to make certain collections 570 to countersign warrants of Board of Public Education 433,434 INDEX. 1109 AUDITOR— (Continued) to countersign warrants of Street and Sfnver Department 235 to countersign checlcs and drafts of Water Department 180 refusal of, to countersign orders 05 duty of Auditor when overruled 05 to countersign money orders 03, 05, 575 deposit of moneys by 571 duties of, in general 65, 508-571 duties of, as to certificates of City debt 568 duties of, as to inspection of oils 590 to examine orders on and accounts of Treasurer 569 office hoiu's of 571 private business not to be transacted during 571 reports of engineers and surveyors to 621 salary of 08, 571, 608 statement of receipts by 570 to make and deliver statement to Clerk of Council 988 penalty for failiu'e to make such statement 9SS term of ofiice of 04 warrants for witness fees in Municipal Court to be approved by . . 50 AUDITOR'S CLERIv appointment, term and duties of 64 bond of 572 may be discharged by City Auditor 04 powers and duties of, may be increased by Council 64 salary of 64, 571-572, 008 salary of, may be increased by the Coimcil 04-65 auto:mobiles (See Motor Vehicles) 554 AWXIXGS obstructions to public lamps by, prohibited 908 regulations concerning 700 side awnings prohibited 1015-1010 ATE AND XAY VOTE (See Votes) 54, 57. 05, 70, 77. 614 B BADGES of firemen, and regulations of 030, 631, 036 of police, xuilawful use of 211 1110 INDEX. BAIL (See Bail Bonds) who may take ' 39-40, 164 BAIL BONDS (See BaH) endorsements on 45 to whom forwarded 45 BAILIFF OF COUNCIL care of City Hall by 577 duties of 577-578 election of 157, 577 office hours of 577 salary of 158, 578, 608 term of olfice of 157, 577 BALCONIES regulation of the projection of, into streets 859, 1013-1015 BALL throwing, or playing of, in streets, prohibited 753 BALLAST discharging of, into creeks, prohibited 916 BALTIMORE AND PHILADELPHIA R. R. COMPANY certain streets vacated for 266 construction of overhead, bridges by 510 BANCROFT'S ROAD part of, to be vacated when 270 BANKRUPT SALES (See Bogus Sales) 524 BARBERS not to have more than one apprentice 543 to post card showing right to act as 544 not to follow occupation without certificate 544 definition of 544 penalty for violating provisions of act relating to 544 registration and annual fee of 542 to register with Board of Barber Examiners 542 rw3t to keep shop open on Sunday 540 penalty for keeping open on Sunday by 540 INDEX. 1111 BARBER EXAMINERS (Board of) how appointed and of whom composed 540 each member of, to give bond 541 to furnish certificate of registration 543 compensation of 543 organization, rules, reguhitions and ])owers of .541 terms of office 540 vacancies in, how filled 540 BARK (See Corders and Measurers of Wood and Bark) measurers of 584, 585 powers of Council to regulate measurement, &c., of 56 regulations of, concerning 584, 585 BATHING in creeks and races, prohibited 753 proviso as to persons properly clothed 753 BATH HOUSES AVater Department may construct, when, &c 183 BAY WINDOWS (See Windows) regulation of, on Gilpin avenue 256 BEASTS (See Animals) BELLS on locomotives, to be rung 755 BELL MAN to give notice of sales by Dog Catcher 747-748 BENEFITS TO BE ASSESSED IN OPENING STREETS, &c 115 BENZINE (See Oils) BERRIES (See Fruit and Grain Market) BICYCLES driving on grass plots, unlawful ; 995 to have gong or bell 1022, 1023 to have light after sundown 1022 persons riding, to keep to the right 1023 unlawful to ride, on sidewalks (exception) 1023 1112 INDEX. BICYCLES— (Continued) penalty for violating ordinance as to 90G, 1022, 1023 speed of 1022 BIDS (See Contracts) advertisements for, for contracts for public work G13-G14 bonds with, by whom drawn 980 to be accompanied with certain bonds 979 for City contracts 978 for collection, &c., of garbage 797, 801 not received from certain persons , 979 to Board of Public Education 437-438 to Street and Sewer Department ■ 234 to Water Department 179 BILLS examination of, by Auditor 570 of Board of Public Education 433, 434 against City, when and how paid ; 957-958 of Police Commissioners, payment of 216-217 of Police Commissioners, approval of 215 of Street and Sewer Department 235 of Water Commissioners 180, 1079 BILLIARD TABLES Cily- may license 553 BIRDS are "dumb animals'' 972 BIRTHS (See Registrar of Births, &c.) record of, by whom and how kept 108-109 rejwrt of, to Registrar of Births, &.Q 794 BLIND (Department for) Council to make annual appropriation for 985 BLOCIvING STREET CARS unlawful to do so wilfully or luinecessarily 1027 BOARD OF ASSESSMENT, REVISION AND APPEALS to hear appeals as to assessment for taxation 89-90, 488 may examine jjlans, books, records, &c 102 to classify real estate 487 INDEX. 1113 BOAKl) OF ASSESSMENT, REVISION' AND APPEALF^(Continue.l) • to certify to Council the value of built up and rural property. . .487 to lay asses.sments before Council '^^ may adopt rules and regulations ^^ maV exercise supervi.sorv powers over the assessors and collectors 81 80 81 composition of °" ' powers and duties of 8I,89,90,!.l salaries of members of ^''' ^'^*^ BOARD OF BARBER EXAAIIXERS (See Barber Examiners) BOARD OF DIRECTORS OF STREET AND SE^^•ER DFPART.MENT (See Street and Sewer Department) BOARD OF HEALTH (See Nuisances) advertisements for collection and removal of garbage to be made ^^^ . 138-13!)J07, 801 alleys, yards, &c., may be ordered paved by *^C appointment by, of certain officers '_' '_'_^ appointment of members of, by the Mayor 137, i lO appropriation to, by Council J>-^ Board of Education to be notified by, of epidemic diseases 783 bond of garbage collectors, approved by 138-139, 800 building, &c., may be entered and inspected for nuisances by... 784 certificates as to privy wells, record of to be kept by .^ 778 Chief Engineer and Surveyor, a member of 1.S7-138, 7< Citv Reaistrar or Registrar of Deaths to report to <94 composition of ' ' ' i\ contagious diseases may be quarantined ; '^-^ contracts for collection and disposal of garbage to be awarded by 139,797,801 crematory under charge of 138-139, 803 duties of as to collection and removal of garbage by SOI epidemic diseases to be reported to, by medical attendants 783 executive officers of. powers and duties of 138, 770-771. 773, 770. 777. 80S executive officers of, appointment by 138, 7 <0. / , 1 • executive officers of, salary of (»9, 004, G08.771 expenses of abatements, how to be i)aid ^'■- garbage may be collected by, upon contractor's failure so to do. .799 hog pens, powers and duties of, respecting "*^ hospitals, may be established by, when 77!», 780 inspector of meats to obey and report to !^07 infected vessels may be ordered removed by 780, 81- licenses to excavators, to be granted by "'• liens for abating nuisances ^'^'-^ 1114 INDEX. BOARD OF HEALTH (See Nuisances)— (Continued) malignant diseases and powers and duties of, as to 779 night soil, powers of, as to deposit of 779 notices by, for abatement of nuisances 771 nuisances in streets may be abated by 143 nuisances, powers of, respecting 139, 771 offensive matter, power of any member, as to removal of 773 offensive smells, power of Mayor and Council, as to 772 officers of 137-138, 770-771 orders of, may be enforced by 139, 143 penalty for not complying with directions of 784 penalty for not reporting epidemic diseases 783 penalties for violation of quarantine regulations 781,782,783 penalty for neglect of executive officers to inspect slaughter houses 776 permits of, to cleanse privy wells in July and Augvist 788 permits of, to disinter or remove dead bodies 785, 792 powers of, (general) 138-144,- 771 premises may be cleansed, and the expense thereof collected by. .784 privy wells, powers of, as to 141, (77 quarantine regulations may be established by 780-784 removal of members of, by the Mayor 138 salaries of members of 69, 608, 770 salary of secretary of 60S, 771 sewer connections may be compelled by 142-143, 1049 sick may be removed by 780 slaughter houses, may be ordered to be cleansed by 775 slaughter houses to be inspected by executive officers of 776 streets, alleys, courts and yards, not owned by City may be or- dered paved by 780 vacancies in, how filled 138, 770 vessels that have, or have had, contagious diseases on board, may be removed one mile from City limits 780 warrants to enforce entry by, to abate nuisances 785 water standing in cellar, powers and duties of, as to 773, 788 water in cellar, may be declared a nuisance by 788 weeds must be removed when ordered by, penalty for not so doing 786 BOARD OF PARK COMMISSIONERS (See Park Commissioners) BOARD OF POLICE COMMISSIONERS (See Police Commissioners) BOARD OF PORT WARDENS (See Port Wardens) BOARD OF PUBLIC EDUCATION (See Public Schools) INDEX. 1115 BOARD OF WATER CO:\LMISSIONERS (See Water Department) BOARD OF TRADE to nominate Port Wardens 104 « BOARD WALKS duties of Building Inspector as to 907 to be laid on sidewalks, when 1001-1002 BOGUS SALES of clothing, iS:c., prohibited 524 BOARD OF TRUSTEES OF POLICE PEXSIOX FUXD Act providing for 216-220 appropriation to, by Council 219 of whom composed 21S-219 how to invest pension f vmd 220 presiding officer of Police Dejjartment to be president of 219 to have a secretary 219 BOMBS OR TORPEDOES unlawful to sell, give away or explode, &c 964 BONDS bail, by whom taken and to whom forwarded 39, 45, 164 of Board of Education 467, 470. 684 as to bonds of departments of the City and officials (See Proper Titles) Board of Public Education work 438 of City, exempt from taxation 104, 484 City ordinances, relating to 649-741 committee on, duties of 612 of contractors, when required, for city work in general 97S. 979 of contractors, by whom kept 9S0 of contractors, 'who may be sureties for 532. 980 of drain layers (master plumbers) 1039 ■ endorsement on bail 45 garbage 800 issues of, to pay off City debt 4.54, 4.58, 461, 664. 666. 668, 676, 684 members of Council not to be siu'eties for City officials 607 for public parks 173, 464, 465. 468, 477. 653, 671 , 678, 686, 692. 694. 701, 705. 713, 714,718,732. rate of interest on, how fixed 573 schools 467 1116 INDEX. BONDS— (Continued) sinking- fund act, extension of, to 458, 4G1 sewers 469, 471, 477, 482, 669, 073, 080, 682, 088, 090. 696, 099, 710, 716, 722, 726, 729, 739 Solicitor, duties of, respecting 573 for Street and Sewer Department work 234 streets (improvement of) 463, 466, 469, 477, 482, 657, 659, 062, 609, 673, 080, 082, 088, 090. 096, 699, 710, 716, 722, 726, 729. surety companies, may execute, when 532 Taylor mortgage, for payment of 470-471, 684 water, liow issued and signed (obselete) 181 by Water Commissioners, when issued (obselete) 181 for Water Department worl-c 179 water supply, water rights and reservoirs 459, 462, 474, 479, 650, 651, 055. 703, 707, 719, 733 BONFIRES making of, Avhen prohibited 751 BOOIvIvEEPER AXD ASSISTANT CLERK offices of, in Street and SeAver Department combined 1034 BOOTHS (See Stands) BOROUGH CHARTER appointment of Burgesses, assistants and high constable 7 borough of Wihnington (original) 5-14 Burgesses in borough have powers of Justices of the Peace in county 10 corjjorate name of borough under 7 charter construed favorablj' for corporation under 13 corporate powers of borough under 7-8 court house, power to erect under 13 election of Burgesses, high constable, &c., under 8-10 fairs held yearly in October and April, under 11 fairs and markets selected by election, under 11 Governor to name Burgesses if no election, under 9 markets held weekly on Wednesday and Saturday, under 11 ordinances passed and repealed at town meetings, under 12-13 penalty for persons elected refusing to serve, under 12 powers of Burgesses, under 7-13 BOULEVARDS location, course and direction of 257 INDEX. 1117 BOUNDARIES of City 17-28 corporate powers in extended 21-27 extension of 18-28 daniiijies not allowed in. when 251 powers and duties of Department of Election in case of 405 new election districts in extension of 405 rate of taxation in extended 25-27 BOWERS STREET part of, vacated lOGG B0WLIXC4 ALLEYS City may license 553 BRAXDYWIXE FIRE C0:MPAXY location of 629 recognized by Council as part of Fire Department 645 BRAXDY^VIXE PARK Park Commissioners authorized to purchase lands for 981,982 BRAXDYWIXE RIVER (See Rivers) contamination of 980 harbor limits in 185 BREAD Council may regulate weight of . . .• 56 BRICKS Council may regulate size of 56 loose in sidewalks, a nuisance 1006, 1007 BRICK YARDS fences around, retiuired "49 BRIDGES acts in relation to 510 condemnation of land for 512 overhead at Fourth street 511 overhead at Lancaster avenue 510 to be built subject to approval of Street and Sewer Department 510.511.512 1118 INDEX. BROAD STREET (See Seventh Street) extension of 941 name of, changed to Seventh street 941-942 width of 933-934 BUIIxDIXG INSPECTOR (See Building Regulations) allowance to, of certain money for hire of horse and equipments. .837 appeals from 840-841 who to hear 840 assistants to 580 board walks, duties of, as to 907 bond of 836 buildings- may be entered by, in discharge of his duties 903 buildings to be inspected by 837 certificate of, as to buildings used for moving picture shows.... 961 cesspools, duties of, as to 778 duties of, as to party walls 847-848 as to moving picture shows 961 as to numbering houses 289, 578, 583 election and qualification of 836 examination by, of buildings to be altered 903 fees for permits to be returned monthly to Treasurer by 837 fees for permits granted by .' 839 frame shelter sheds may be permitted by, to be erected, when. . .858 general duties of 837 member of Board of Assessment, Revision and Appeals 81 not to be engaged in contract work, &c., while holding office.... 838 numbering of houses, duty of, as to 578, 583 oath of office of 837 party walls, duty of, as to 847, 848 penalty for refusing to comply with orders of, as to the y>vo- visions of the building Act 904 permits, application to, for 156, 837-839 permit to ^rect or repair buildings may be withheld by. until all taxes are paid 156 permits granted by, AVhen to be acted- upon 839 permits, building, &c., without obtaining from 838 permits not to be granted by, for erection of building unless street 40 feet wide, &c 935 plans, specifications, &c., to be filed in office of 838 reports of fees to be made to Auditor by 837 salary of 609, 837 salary of, as a member of Board of Assessment, Revision and Appeals . . 69 Street Commissioner's former duties as to numbering houses, now performed by 581-582 INDEX. 1119 BUILDING INSPECTOR (See Building Regulations) — (Ccntiiuu'd) temporary wooden sheds, when iilloAved by 857 wooden buildings, rebuilding or repairing of. when may be done 8()0, 903 BUILDING MATERIALS deposits of, in streets, when allowed 1001 danger signals on 1002, 1003, 1052 encroachment upon adjoining owner, of building dejjosits, not permitted 1001 penalty for unlawful dejMsits of 1003 permits for deposits of, in streets 1001 BUILDING REGULATIONS (See Building Inspector) arches and lintels, how to be constructed 856-857 balconies and porches, regulations as to. (See Balconies, see Porches ) 859 bay, oriel, store or bulk windows, regulations as to (See Win- dows) 859 board walks, &c., to be laid on sidewalk when pavement taken up, &c 90G, 907, 1001-1002 brick walls, regulations, as to 846, 847 buildings of first class, regulations, as to 872-875 buildings of second class, regulations as to 875 cellars of new buildings to extend the length of whole house. . . .850 chimneys and flues hereafter erected, how to be built 851 classification of buildings, first class to fourth class 872-876 concrete mortar, how to be used 844 cornices (exterior) and gutters to be of fire proof materials 855 deposits of building material in street, when allowed, (See Build- ing JNIaterial) 1001 division walls of buildings, (with few exceptions) to be of hard non-combustible material 841 doors and doorways in theatres 887 exits of buildings through roofs 855 in public buildings^ 856 fences (wooden) regulations, as to (See Fences) 859 fire escapes, regulations as to 880 tower fire escapes 879 fire places and hearths, how constructed 851 floors and roof si, strength of 800-861 foundation walls, of what materials to be built 843 foundation walls of buildings, (excepting wharves) general pro- visions, as to 841-844 frame kitchens may be erected under certain conditions 858 frame shelter sheds, when may be constructed 858 furnaces, boilers, smoke pipes, regulationsi as to 852 1120 INDEX. BUILDING REGULATIONS (See Building Inspector)— (Continued) height of stories of buildings, reguhrtions as to 846 hot air registers and flues, regulations as to 853 iron or steel beams, regulations as to 857 lights to be maintained, and "exits'" to be placed near doorway in theatres 888 mansard roofs, regulations as to 860 minimum thickness of brick walls for business, manufacturing and public buildings 844-845 private dwellings 849 minimum thickness of walls surrounding stairs, elevator shafts, lire escapes, &c 845 old party wall, when may be used for building purposes 848 ordinance, relating to 836-904 jjainting of structural metal work, when and how to be done. . . .871 party walls of stone, thickness' of, (See Party Walls) 850 party walls, and duty of Building Inspector as to 847, 848 porches and balconies, under 859 penalty for violations of building ordinance 904 prosecutions for violations, of building regulations, to be before Judge of Municipal Court 904 recesses in walls, regulations as to 849 reinforced concrete, definition of 895 reinforced concrete, regulations as to 895, 902 roof covering, material to be. used therefor and how to be built. .854 seats and aisles in theatres 886 school buildings hereafter erected 881-882 stairways in apartments '. 892 stairways in factories and stores 856 stairways in theatres 887, 888 stairways in warehouses 876 stone walls of buildings, requirements as to 843 stove pipes, how to enter flues 852 strength of materials, columns. &c, regulations, as to 861-871 tenements and apartment houses, regulations as to 890-894 definition of 894-895 theatres and places of public amusement, corridors, e.xits. bal- conies, staircases, lights. &c.. regulations as to 882-890 water closets, hydrants and ash receptacles in tenement and apartment houses 894 windows to be in all rooms of tenement and apartment houses. .893 wood girders, joists. &e., regulations as to 853 wood and wooden shingles, Avhen may be used 903 wooden sheds of a teiuporary character may be used, while build- ing, with consent of Building Inspector 857, 858 INDEX. 1121 "BUILT-UP" REAL ESTATE how assessed, &c 487 BULK HEAD LINES OX DELAWARE RIVER 201 littoral proprietors may erect 202 BULK WINDOWS (See Windows) BURIALS (See Board of Health, Dead Bodies) African Union Church not to be used for 520 of bodies of persons dying of infectious diseases 785-786, 792 graves, depth of, and regulations concerning 805 permits for, by whom issued 109, 795 BUSHEL Aveight of, in sales of ice 953 corn meal 953 BUSH STREET part of, removed from plan or map of City 1003 BUTTER (See Oleomargarine) inspection and seizure of 825 regulations as to weight of 825 BUTTON A^OOD STREET part of, removed from plan or map of City 1061 part of, vacated 269 c CANAL STREET part of, vacated 1067 CANCELLATION OF SEWER, CURBING AND PAVING LIENS. . . .240 CAPTAINS OF POLICE (See Police Force, Policemen) number of 209 salaries of 210 CARCASS OF ANIMALS sheep and lambs, when unlawful to sell 164-165 1122 INDEX. CARGO damaged, view of, by Port Wardens 196 CARRIAGES (See Carriage Stands) regulations for drivers of 746, 747 on sidewallvs, prohibited 742-743, 995-996 standing of, in streets prohibited 744 CARRIAGE STANDS at P., W. & B. R. R. Station . . ^953 unlawful occupation of street for 953 CARTS (See Carriages, Wagons) CATTLE (See Animals, Inspector of Meats) at large in parks, penalty for 1096 inspection of 162 diseased, sale of prohibited 805-806 CELLARS cesspools in, prohibited 786 doors to, how to oe constructed 938 offensive, prohibited 788 removal of oyster shells from 770 renters of, how may use sidewalks ' 824 water standing in, prohibited 773, 788 CELLAR DOORS (See Cellar Ways) CELLAR WAYS l^ower of Council respecting 55-50 on sidewalks 938, 1017-1018 unlawful on sidewalk 1010 CEMETERIES exemption of, from taxation 83 permits for disinterments 785, 792 regulation of, as to bodies of persons dying from contagious dis- eases 785, 786, 792 CENTRE STONES fixing of, in streets Ill penalty for removal of Ill, 622 penalty for violation of regulations 951 regulations for protection of 951 INDEX. 1123 CERTIFICATES of Building Inspector 778 of Cliief Engineer and Surveyor 108, 127, 022 of City debt by City Auditor 509 of Clerk of the Market 150-151 of- collectors of taxes 09 for curbing and paving 120-127 of election, to and by whom issued 159, 411. 412 of election of members of Board of Public Education, and by whom issued 430 to inspectors of elections 270 as to number of votes cast 409 of nominations for elections 371, 373, 402, 425 of organization of political parties .370, 372, 402 of party symbols 371, 373, 403 of poll lists 410 as to registration of voters 307, 300, 311, 322, 325 CERTIFICATES OF IXDEBTEDNESS (See Bonds) registration of, by Auditor 508 CERTIORARI recognizance to be given in proceedings in 48 writs of, to the Municipal Court 48 CESSPOOLS Brandywine Creek, not to have, within 150 feet of it, unless watertight 980 Building Inspector to perform certain duties in regard to 778 in cellars, prohibited •. . .780 clcasing of, when full and offensive 777 cleansing of, when luilawf ul without permit 788 connected with sewers, how 1054 contents of, running into street prohibited 773 when unlawful to dig 127 expense of cleansing, to be paid by owner 7(7 fees for permits for cleansing •. 788 inspection of construction of 778 license to excavators of 779 oozing of contents of, prohibited 777, 788 permits for connection of, with sewers 1054 removal of contents from 779 regulations for construction of 777 regulation and inspection of 777, 778 Street and Sewer Department may regulate and inspect 155-150 1124 INDEX. CHAIRMAN OF FIXA^X^E C0:MMITTEE (See Committee on Finance) salary of 608 a member of Board of Assessment, &c 80, 141 Park Commissioners 168 Trustees of Police Pension Fund 219 Managers of free library 525, 528 receipt from City Auditor delivered to, by City Treasurer 575 Treasiuer delivered, to by City Auditor 571 CHAIRMAN OF POLICE COINIMITTEE to be a member of Board of Trustees of Police Pension Fund. . . .219 CHARTER Acts supplementary to 149-156 of borough 5-14 of City 17-146 CHESTNUT STREET (Old) (See Tenth Street) distance of, from Elizabeth street 942 extension of , 941 name of, changed to Tenth street 941, 942 title of ordinance, ceding part of 942 width of 934 CHIEF ENGINEER OF FIRE DEPARTMENT assistants to, their salaries, &c 159, 630, 631, 644 decisions of, final 642 election and term of otBce of 159, 629 hoi'se and carriage, allowance to, for 044 horse and wagon to be provided by Council for 643 penalty for refusal to obey commands of 631 powers and duties of, as to fires 629, 630 qualifications of 629 refusal of fire companies to respond to alarms to be reported by . 642 removal of, by Council 631 reports *by 630, 632 responses to alarms from new boxes, companies to make, desig- nated by 642 rules and regulations to be made by 629 salary of 630, 644 vacancy in ofiice of, filled by company 159-160 CHIEF ENGINEER AND SURVEYOR to advise City officers 619 a member of Board of Health 137, 770 INDEX. 1125 CHIEF ENGINEER AND SURVEYOR— (Continued) books of plans of City as to real estate therein to be made by. 105, G20 said books to be kept by 105-lOG, 620 book for registration of deeds to be kept by 105, 020 building lines to be marked by 622 to certify contracts 622 conveyances of land to be registered by 106 duties of 105, 108, 187, 195, 230, 232, 289, 619-622 election and term of office of * 618 curbing and paving certificates to be given by 126 custody of instruments, plans, records, &c 231, 622 fees of 195, 622-624 fees, to be collected and accounted for, by 621 fees of, for giving wharf lines 195 lands contiguous to the City, duties of, as to 250 maps for election districts to be furnished by 289 maj) of City to be made by 620 oath and bond of 618 a member of Board of Park Commissioners 168 party walls, duties of, as to 621 paving and curbing to be measured by 119, 122 plans, surveys, instruments, records, &c., duties of, as to 195,250,019,020 plot of wharf lines to be filed in office of 187, 195 salary of 69, 195, 608, 618 Street and Sewer Department, duties as to 230 Aiolations of law, duty of, to enforce 107 water fronts, duties of, as to disputed 195 wharf lines to be furnished by 195 records in Com't House, may be examined by 105 CHIEF ENGINEER OF WATER WORKS bond of 1075 detector meter, may be used by, to find leaks 1084 duties of, relative to plans, accoimts and contracts 1076 duty of, as to damage and cost of renewals or repairs 1087 general duties of 1075-1076 fire hydrants, may be detached l)y 1084 ■ pipes to be examined by 1080 pi'emises may be entered by, to read meter 1087 repairs to be made by r 1076 reports of .' 1076 salary of 1075 term of 1075 waste of water to be prevented by 1080 water meters may be attached by 1085 weekly pay-rolls to be made by 1079 1126 INDEX. CHIEF OF POLICE (See High Constable, Police Force and Policemen) CHILDREN births of. to be reported to Registrar 109, 794 CHIMNEYS Council may regulate the sweeping of 56 license to sweepers of • 626 regulations for construction of 851 penalty for fires breaking out in 625 CHOLERA (See Board of Health, Contagious Diseases) CHRISTIANA AVENUE A^acation of part of 267 CHRISTIANA RIVER (See Rivers) appropriations by City for 204 certain wharves on, exempt from leasing regulations 1033 bulkhead lines on 185, 188, 190 harbor lines in 185 regulations as to speed of vessels in 918 CHRISTIANA STREET (See Franklin Street, Old) CHRISTIVIAS TREES penalty for using streets for sale of, other than those allowed. .1013 streets allowed to be used for sale of 1013 CHURCHES exemption of, from taxation 83 CHURCH LANE near Old Swedes Church, width of sidewalks on 1056 CHURCH STREET part of, removed from plan or map of City 1061 part of, vacated 1060 width and location of 941 CIRCUS (See Shows) license fee for 959 unlawful to exhibit without a license for 751 INDEX. 1127 CITY AUDITOR (See Auditor) CITY BOUNDARIES (See Boundaries) CITY CONSTABLES (See Constables, Policemen) duties of, respecting gunpowder 922, 923, 924 duties of, respecting tar, pitch, &c 967 penalty for failure of, to serve process 44, 51 powers and duties of 67 process to be served by 44, 51 witness fees not to be paid to 50 CITY COUNCIL (See Council) CITY CLERK (See Clerk of Council) CITY CLOCK care of 598-599 regulator of, appointment and salary of, as to 598-599 regulator of, duties as to - 598-599 CITY DEBT (See Bonds) limitation of amount of 77-78 power to create 77 publication of statement of 74 reduction of SO unlawful, responsibility of members of Council for 79 CITY HALL care of, by Bauin of Council 157, 577-578 money may be borrowed on temporary loan in case of injury to. . 80 CITY JUDGE (See Judge of Municipal Court) assistant to 39 bonds of Directors of Street and Sewer Department to be ap- proved by 237 bonds of Police Commissioners to be approved by .206 Clerk of ^Municipal Court to be appointed by 47 Deputy Clerk, when may be appointed by clerk under 39 appointment to be in writing and approval by. ... 39 appointment to be filed in Court 39 to be a conservator of the peace 51 elections, duties of, as to. 410 powers and fees of 51 process issued by, how executed 51 1128 INDEX. CITY JUDGE (See Judge of Municipal Court)— (Continued) oath of office of City officers may be administered by 32 salary of 68, 608 seal for Municipal Court and also for City Judge to be procured by 50 term of office of and qualifications of 3G CITY LBIITS'(See Boundaries) CITY MAP 129 CITY OFFICERS (See Respective Titles) Acts relating to 157-167 death, removal or resignation of 35 eligible to re-election 31 fees or emoluments in addition to salaries not to be received by, when ; 70 moneys, where to be deposited, and how to be drawn out, by 63, 76, 575, 986-987 names of 30 oath of office of •. 31 ordinances relating to 565-609 qualifications of 31 vacancies by death or otherwise of 35 as to appointees of Council 607 vacancies in City departments (See Respective Titles) CITY RECEPTACLES FOR WASTE PAPER penalty for any one defacing or abusing 997 CITY REGISTRAR (See Registrar of Deaths, &c.) CITY SOLICITOR (See Solicitor) CITY SURVEYORS AND REGULATORS (See Chief Engineer and Surveyor, Surveyors and Regulators) CITY TAXES (See Taxes) CITY TREASURER (See Treasurer) CITY WARRANTS (See Warrants) CLERGYMEN ineligible to City office 31 marriages to be reported by 109, 795 names and residences of, to be reported by 794 INDEX. 1129 CLERKS OF ASSESSORS AND COLLECTORS (See Assessors' and Collectors' Clerks) CLERK OF CITY AUDITOR (See Auditor's Clerk) CLERIv OF COUNCIL accounts, &c., duties of, as to G3, 500, oliT, 'u'h 015-G16 appropriation accounts, duties of, as to 56G appropriation ordinances to be published by 77 assessment of horses, when completed, to be placed in office of. ..929 assessment list and warrants to be delivered to assessors and collectors, by "2 assessments for opening streets, duties of, as to 116 auctioneers to receive licenses from President of Council and. . . .954 certificate of Fire Department election delivered to 159 collectors' duplicates, &c., duties of, as to 567 copying of papers by, at .01 per line of 12 words 566 duty of, as to statements made by Treasm'er and Auditor 988 penalty for failure of, to publish statements 988 elections, duties of, as to 409, 410 election, term and duties of 157, 560, 568 lien book to be kept by 567 money orders to be signed by 63, 575 oaths of meat sellers to be administered and recorded by 153 office room of 566 official bonds and oaths, duties of, as to 613 pay-rolls, duties of, as to 615-616 plan of market spaces filed Avith 150 publication of ordinances, duties of, as to 614 public notices as to assessment lists, to be given l)y 89 records, &c., to be kept by 566 resolutions of Council to be recorded by 568 salary of 68, 157-158, 568, 606, 608 warrants on assessment lists to be written and signed by 92 CLERK OF iMARKET accounts to be kei)t and submitted to Council by 827-828 • accounts of, to be examined by Auditor 5(0 affidavit as to fees, to be made by 829 bond of 826-827 butter to be weighed and tested by 825. 82/ butter, when to be condemned by 825. 827 certificates for market spaces, issued by 150, SIS. 819, 820, 1012 compensation of 158, 609, 829 election and term of office of 157, 816 fe(?s collected by, to be paid over 828, 831 1130 INDEX. CLERK OF :\IARKET— (Continued) fees from fruit and grain« markets 821, 823, 834 fees respecting vreights, &c 816, 817 fees from hucksters' markets 821, 823 ordinances relating to booths to be enforced by 744 pcAvers and duties of, in general 827, 1012 premature fruit to be prevented by, from being sold 808 record of market spaces allotted, to be kept by 151 to be regulator of AA'eights and measures 814, S16 riots, &c., in markets to be suppressed by 828 • salary of 158, 609, 829 to be sealer of weights and measures 157 spaces to be laid off and allotted by Coimcil 150 spaces may be allotted to two persons, alternately, by 830 spaces imoccupied may be allotted by, when 831 spaces, plan of, to be furnished by Street and Sewer Depart- ment to (See 150) 828 standards of weights and measures, to be kept in the custody of. .814 stub book receipts, duties of , as to 828 weights, &c., when condemned by 815 Aveights and measures, to be tested and sealed by 814, 815 Avharf, market shed, duties of, as to 831 CLERK OF :ML'XICIPAL COURT absence of, who to act as 39, 163-164 accounts to City Auditor to be rendered by 570 appointed, by whom 47 bail may be taken, warrants issued and oaths administered by House Sergeant in absence of 163-164 bond of 47 bond must be given by, or City Judge may make new appoint- ment of 47 coiu-t may be opened and adjoiu'ned by, in absence of Cit}' Judge. 40 duties and powers of 39, 47 fines, &c., received by, duties of, as to 52 records, duty of, as to 39, 47 records to be transmitted by 49 salary of 60, 69, 606, 608 suspension of policemen to be certified by, to City Auditor and City Treasurer 44 witness fees, paid by City Treasurer on warrants of 50 CLERK OF TREASURER (See Treasurer's Clerk) CLOCJv (See City Clock) INDEX. 1131 COAL to be delivered in bags, ropriations by (See Appropriations) 59 appropriations by, expenditm'es not to exceed head or item 75 extraordinary, when and how may be made by. . . 75 when and how paid 76 appropriations for improvement of navigation by (limited) . .197-198 assessments laid before, when 91, 487 assessors and collectors in case of tie vote to be elected by 82, 412-413 assistant to Gas Inspector may be appointed by 166 auctioneers may be licensed, taxed and regulated by 56,535,954 auctioneers' licenses may be revoked by 955 Auditor's veto may be overruled by 65 aye and nay vote of, when to be taken 54, 57, 65, 76, 77 Bailiff of Council to be elected by 157, 577 bills against City, duties of, as to 957, 958 bills of Police Commissioners to be paid by 216-217 bills, powers of, as to certain 958 births of children to be sent to Registrar by such person as may be named by 109 Board of Education, members of, cannot be members of the Board 427 Board of Education to present rej)ort of its accounts to, when. . .433 Board of Health may appoint additional officers, with approval of 771 Board of Health to submit certain reports to, when 794 Building Inspector to be appointed by 836 curb-stone markets, establishment and regulation of , by .. 56, 149, 155 curb-stone markets, spaces in to be allotted by, &c 150-151 calamity to City Hall or Water Works gives power to, to bor- row monev 80 1136 INDEX. COUXCIL— ( Coiitiimecl ) Chief Engineer of Fire Department to report to 630,031,(332 Chief Engineer and assistants of Fire Department may be re- moved' by '. . 631 Chief and assistant engineers of Fire Department may be pro- vided with horse and wagon by 043 Chief Engineer and assistant engineers to be allowed a certain monthly allowance by 644 Chief Engineer and Surveyor to advise 619 chimney sweepers to obtain license from 56, 626 clerk of Council and assessors' duties may be enlarged by 93-94 clerk of Council to be elected by 157,- 566 clerk of market elected by 157, 816 committees of and their appointment 53, 54, 607, 610-615 committees of, not to consider bid for work without good bond. .979 composition of 30, 52 contested elections, and duties of, as to (See p. 53) 413 contracts as to dogs, and powers of, in regard thereto 978 corders and measurers of wood and bark appointed by 585 ch-ainage, powers and duties of, respecting (obsolete) 136 drains may be emptied into rivers by authority of (obsolete) . . . .193 election certificates to be examined by 412 election of members of 52, 405 election for officers to be appointed by, to be by ballot 54 Engineers and Surveyors elected by 618 estimates of cost of work, to be reported to, by committees of. . .607 estimates of revenue and expenses, to be prepared by 74 exemptions of persons, from taxes by, not allowed 103 extraordinary appropriations may be met by money borrowed from bank, by 76 fences around holes, may be required by two members of 749 financial statement to be published by 74 Fire Department may be increased by 629 free library and contract entered into by, for, when 527 funded debt, money may be borrowed in excess of, by the, when 77-78 gunpowder and expenses of removal, when may be authorized bj^ 963 Harbor Commissioners and their surveyors, to have their com- pensation fixed by 187 Harbor Commissioners' returns to be filed and recorded by 187 harbor landmarks may be removed by, when 193 Harbor Master elected by 199, 917 horse tax, manner of assessing, &c., may be fixed b}-. . . .103, 104,929 Inspectors and ileasurers of Lumber, elected by 591 Inspector of Meats elected by 163 Iilspector of Oils, elected by . ! 157. 588 investigation of City afi'airs, may be made by 60-61 INDEX. 1137 COUNCIL— (Coiitinuod) judge of election returns 53 legislative body of the City 55 liability of members of, for illegal debt 79 Mayor may be removed by '^^ meetings of "^"^ members of, when and how elected 52, 405 money may be advanced to departments by, when CO moving of member of, from wards 35, 405 ^Municipal Court expenses of a certain kind to be paid by 37 Municipal Court, place for holding of, to be provided by 37 navigation may be improved by borrowing money for that pur- pose, by ^^° negotiable bonds may be issued by, when 78 oaths, when administered by members of 61 offensive trades may be permitted by the Mayor and Council. . . .772 otHcers of, chosen by 53, 54, 607 ordinances of City, how passed by 54 ordinaces of City, how repealed by 54 organization of 53 Park Commissioners to- report to 173 parks, condemnation and purchase of lands for, by 171 parks, money may be borrowed for purchase of, by 173 police pension fund, appropriation to, by 219 public jiarks, powers of, as to 169-170 pay-roll, duties of, as to 615-616 personal liability of members of, when 79 Police Commissioners may be removed by 206 police force may be increased with approval of, by resolution. . . .210 Port Wardens, certain expenses of, to be paid by 198 Port Wardens to be elected by 193 powers of (general) 53-61 presidents of City departments are ex-officio members of 105 presidents of City departments may speak, but not vote, in 105 pumps and wells, may be supervised by (obsolete) 133 qualifications of members of -^1 qualifications of members of, the, to be judge of 53 quorum of 54 ■ railroad companies may be ordered by, to put gates at crossings. 923 railway tracks, powers of, respecting (obsolete) 131 Registry Clerk, elected by 601 Registrar of Births, Deaths and :\Iarriages, may be removed by.. 108 registration of births, deaths, &c., may be regulated by 110 reports to, by City Solicitor 574 reports to, l)y Auditor 509-570 reports to, by Clerk of Council 567 reports to, by Inspector of Oils 590 1138 INDEX. COUNCIL— (Continued) reports to, by Treasurer 576 salary of Auditor's clerk, may be increased by 64, 65 salaries of all officers paid by, may be fixed by 60 salaries of committees of 610-014 salary for Deputy City Judge, to be provided, by 39 salary of Harbor Commissioner, fixed by 199 salaries of members of 68, 69, 608 salary of Plumbing Inspector to be ajjproved by 156 salaries of police force may be increased, with approval of 210 salaries, powers of, as to 60, 69, 70 salary of Treasurer's clerk may be increased by 61 seal of City Judge, may be changed, and cost of paid by, when. . 50 shows, exliibitions, &c., may be regulated by 56, 522 sidings may be regulated by (obsolete) 132 sinking fund commissioners, elected by 456 sinking fund ordinances, to be imssed by 457 special election for approval of ordinance to borrow money by. .77-78 special meetings of 53 standards of weights and measures, to be provided by 814 statements to, by Treasurer 63, 575, 576 superintendent of crematory, when elected by (obsolete) 803 su2:)erintendent of fire alarm system, elected by (obsolete) 600 sureties on municipal official bonds must not be members of 607 streets, between curbs, may be paved by (obsolete) 119 streets may be extended, widened and laid out, by (obsolete) . . .111 Street and Sewer Directors may be removed by INIayor, with approval of 227 sureties on contractor's bonds, must not be members of 980 surveyors and regulators, appointed by 133 tax rate, fixed by 90, 91, 92 tax rate on rural and built up property, to be fixed by 487 terms of office, of members of 52 transfer of appropriation, when may be made b}' 75 underground pipesi and wires, powers of, respecting 130 vacancies in office, to be filled by 35, 405, 412, 413, 607 A'acancies in office of assessor and collector, to be filled by.... 94-95 vaccine physicians, to be appointed by 791 vote of, to borrow money 77 Water Commissioners may be removed, with the approval of. . . .176 water course may be altered by (obsolete) 137 Wleigh Masters elected by 586 wharves niaj'^ be leased by 128, 919, 1033 wharf lines may be fixed by the purchase of land for that pur- pose, by 197 INDEX. 1139 COURT OF GENERAL SESSIONS, &c., OF NEW CASTLE COUNTY vacating of roads on application to 110 COURTS, YARDS OR ALLEYS may be ordered paved by Board of Health 780 COWS (See Animals, Meats) CREEKS (See Rivers) CRE:^L1T0RY Board of Health has control and management of 138-139, 804 certain duties of committee, as to 804 garbage and waste of all kinds, may be taken to 798, 804 penalty. for violating provisions of ordinance, relating to 804 CRUELTY TO ANIiLlLS penalties for 9~1 CURBING (See Curb Stone) by Avhom may be done. 119-123, 1009 liens for 1^2, 1010 liens for, may be cancelled, when 246 CURB LINES how obtained and fees for ' 622, 623, 1010 CURB STONE (See Curbing) cement, concrete, to comprise composition of 1009,1011 fixing of • 119, 122, 123, 1011 rates for, may be liened against property 1010 regulation concerning height and size of 937-938, 1011 CURB STONE MARKETS (See Markets, Farmers' and Truckers' Market, Hucksters' Market, New Jersey Market, Fish Market, Fruit and Gram Market, Market Shed) Acts relating to 149-155 Council has power to establish and regulate 149, 154 for farmers and truckers 149-150, 817, 832 - for sale of fresh fish 154, 823 fruit, vegetable and grain . '. 833 fruit, vegetable and produce 831 for hucksters 154,820,g33 for sale of products of New Jersey 154, 819-820 1140 INDEX. CURB STOXE IIARKETS (See Markets, Farmers' and Truckers' Market, Hucksters' Market, New Jersey Market, Fish Market, Fruit and Grain Market, Market Shed) — (Continued) ordinances and resolutions relating to 814-835, 1012, 1013 penalty for violation of Acts relating to 155 sale of Christmas trees 1013 D "D" STREET part of, removed from \)\an or map of City 1063 width and location of 262 DAjVIAGES assessment of, for vacating streets 110 opening streets 111-118 opening streets when not allowed 113, 253 taking land for streets Ill from holes, excavations and obstructions, who liable for 124 from overhead bridge at Foiu-th street 512 for altering water courses 137 DANGER SIGNALS building material in streets must have 1002, 1003, 1052 excavations in streets and sidewalks must have. .949-950, 1002, 1052 lighting of 949-950, 1002 penalty for not maintaining 950, 1003 Street Commissioner's duty, as to .950 DAY NURSERIES FOR BABIES property of, exempt from taxation 491 DEAD ANIMALS casting of, into streets, prohibited 773 DEAD BODIES burial of, of persons dying from contagious diseases. .. .785-786, 792 permits for disinterment of 785, 792 bringing of, into City 785, 792 burial and removal of 109, 785-786, 795 requirements as to depth of graves for 805 DEATHS record of (See Registrar of Deaths, &c.) 108-109, 795 INDEX. 11-il DEBT (See Bonds) of City, publication of statement of 74 of City, when only to be increased 77-78 DEDICATIOX of streets contiguous to City, how made 250-251 DEEDS acknowledgment of before Judge of ^Municipal Court 52 Mayor 34 to City, duty of Solicitor respecting 572, 573 registration of 106 of purchasers at tax sales 98 for street beds not to be accepted unless street be grad^ed and curbed and forty feet in width 935, 1018 DELAWARE AVENUE (See Kennett Road) buildings on, to be set back from building line 905 frame buildings on. prohibited 905 sidewalks of, widened 905-906 DELAWARE FIRE C0:MPANY authorized to sell engine and purchase truck, (obsolete) 034 location of ^'-^ DELAWARE INDUSTRIAL SCHOOL FOR GIRLS a misdemeanor to aid girls to escape from 534 DELAWARE RIVER (See Rivers) wharves, piers and bulkhead lines on 201 DEPARTMENT OF ELECTIONS (See Elections and Titles Therein Named) 32!)-;341 appointment of members of 329-330, 338, 339, 341 appointment of registration officers fnun City Executive Com- mittee's list made by 332 appointment of all registrars made by 275, 332, 333. 337 . Attorney General to be notified of violations of this Act by 301,330 ballots for Board of Public Education election prepared by 425 ballots for municipal elections prepared by 402 ballots for special election (Referendum) prepared by 416 ballot boxes for Board of Public Education election furnished by 425 ballot boxes for municipal election (under Sec. 8, p. 401) fur- nished by ^^c- 32,-385 ballot boxes special election (Referendum) furnished by 416 1142 INDEX. DEPARTMENT OF ELECTIONS— (Contii)ued) Board of Public Education election 425, 427, 429 appointment of inspectors at, made by Department, when.. 427 ballots for, prepared by Department 425 ballot boxes for, furnisbed by Department 425 books of registered voters used at City election delivered by Deiaartment at polling places for 429 books, after election, returned to Department 429 certificates of nomination for, sent to Department 425 books, &c., for registration of voters furnished by 273 books of registered voters for Board of Public Education election delivered at polling places by 429 canvass of municipal election made by 411 certificates of nominations for Board of Public Education sent to : 425 certificate of nomination for municipal election filed with 402 form of 402 certificate may be required by, if in doubt as to bona fide party 402 certificates of election sent to successful candidates by 411 form of 412 certificate of appointment of registrars delivered by 335 form of 335 Clerk of Peace to deliver to, voting books ^ind registers, when. . . .352 to give receijit to Department for voting books and and registers 355 clerks, &c., employed by 274, 332, 401-402 compensation of, amount 272.273, 331, 339, 399 how and when paid 336, 339, 399, 406 device, symbol, and name of party, when selected by 404 dispute as to, decided by 403 division of City into election districts made by 331, 351 duties and powers of, in general 273. 337, 369, 398 election and registration officers appointed and removed by 274, 275, 331, 332, 333, 337, 348, 401 extension of City limits, powers and duties in, of 405 General Election 368-397 ballots for, to be delivered to election officers by Department 377 booths for. in Wilmington, furnished by Department 369 duties of Department, in general, as to 337, 369 room for holding, in Wilmington, provided by Department 377, 369 ropes, &c., to be used at, in Wilmington, furnished by De- partment 369 A'oting place for, in Wilmington, selected by Department 337, 369 inspectors for Board Public Education election named by, when. .427 inspectors for Wilmington appointed by 348 INDEX. 1143 DEPARTJIENT OF ELECTIONS— iContimicd) jurisdiction of 339 lead pencils or indelible black crayons to be furnished bv 395 limit of expense for employees, &c., and how paid 274.332.402 members of. not to hold other office at same time 330 misconduct generally of members, penaltj- .' 29G, 330 Municipal Election ballots printed' by Department for , 402 canvass made by Department of 411 certificates delivered by Department to successful candidates at 411 form of 412 certificate demanded by Department if in doubt as to party at 402 clerks, &c.. employed by Department for 401-402 compensation of Department for holding 272, 273, 399, 406 Department vested with powers, &c., of Clerk of Peace at. . .401 device, symbol and name of party, when selected by Depart- ment for 403-404 duties of Department, in general at 337, 398 election officers, &c., appointed, dismissed and substitutes named by Department for 331, 337, 401 extension of Citj* limits, powers and duties of Department as to 405 limit of expense for 402 removals and transfers made by Department for 400 sittings by Department to make , 400 revision of registration for, when and how made by Depart- ment 400 nominations for Board Public Education election certified to.... 425 niuuber of members of 329, 338, 339 oath, or affirmation, of members of 330 office of, and how expense for same paid 336 organization of 331, 340 penalty for general misconduct of 296 penalty for neglect, &c., of Department to deliver ''Voting- Books" to inspectors of primary elections 359 penalty for false canvass, &c 294-295 place for holding elections, selected by 273, 337 Primary Election 341-3G8 ropes, chains, &c., to be furnislied by Department for. .. .362-363 voting books of qualified A-oters furnished by Department for. 349 compared and corrected by Department for 350 ol)tained by Department from Clerk of Peace, wlien 3.52-353 1144 INDEX. DEPARTMENT OF ELECTIONS— (Conthnied) qualifications of members of 330 quorum for transaction of business by 340 Referendum election, ballots for, prepared by 416 registrars appointed, dismissed and substitutes named by 274.275,331-332,333,335,337,401 Registration of Voters 272-328 appointment of registrars, registration and election officers by Department for 275. 332, 333, 337 Attorney General to be notified by Department of violations of this Act 301 books, oaths, certificates, &c., furnished by Department for. .273 clerks, &c., employed by Dejoartment for 274 limit of expense for 274 compensation of Department for 272-273 dismissal of officers and naming of substitutes by Depart- ment for 274, 335, 337 duties of Department, in general, as to 273, 337 oaths administered by .Department to officers for 275 by Clerk of Peace to officers for. . . 1334,335 officers for, examined by Department as to qualifications. . . .275 penalty for false canvfiss, &c.. by Department of 294-295 penalty for general misconduct of Department as to 296 warrants of Department for expenses of 289 ropes, chains. &c., for general elections furnished by 369 extended by Sec. 38, p. 387 to municipal elec- tions 369 ropes, chains, &c., for primary elections furnished by 362-363 I'ules for transaction of business, &c., may be made by 340 successors to, how appointed 330 term of office of members of 330. 339. 341 vacancies in office of members of, how filled 330 vacancies of registration and election officers filled by 274, 275, 331, 332, 333, 337 voting books of registered voters for Board Public Education fur- nished by 429 voting books of qualified voters for municipal elections (not pro- vided for) Note a,-429 voting books of qualified voters for jtrimary elections furnished by 349 said books to be compared and corrected by Department ... 350 said books obtained by Department from Clerk of Peace, when : 352 said books redelivered by Department to Clerk of Peace, when 355 INDEX. 1145 DEPARTMENT OF ENGINEERING AND SURVEYING . (See Engineering and Surveying . Department) DEPOSITS OF MONEY by assessors and collectors of taxes and other officers 986,987 by Citj' Auditor 571 by City Tieasurer G3, 575 by Street and Sewer Department 23G, 1004 by Water Department 182 DEPUTY CLERK OF MUNICIPAL COURT appointment of, to be in writing 30 bail may be taken by 39 clerk may appoint, when 39 powers of 39-40 DEPUTY CITY^ JUDGE appointment of, when and how made 39 compensation of 39. G04 duties of 39 DETECTIVES appointment and term of 160 powers, duties, salaries and oath of office of 161 removal of, how made 161-162 DESCENTS map of City relating to, of streets, &c 129 ordinance relating to streets (ancient) 935 of streets, omitted (See Preface) DICKINSON STREET (See Twelfth street) name of, changed to Twelfth street 941, 942 width and location of 940 DIPHTHERIA (See Contagious Diseases) DIRT (See Ashes) DISEASES (See Contagious Diseases, Board of Health) powers of Council, respecting 55 DISORDERLY CONDI'CT on streets, prohibited 7()2 1146 INDEX. DISOEDEELY HOUSES (See tippling houses) definition of 750 keeping of, declared a nuisance 749-750 leases for, void 537 owner of who permits nuisance after notice, liable 537 penalty for keeping of 53G. 749-750 DISPOSAL PLAXT (Garbage) City may purchase, when 802 DISTPvAIXT (See Assessors and Collectors) for taxes 97 DISTEICTS City divided into four, by Street and Sewer Department . .1033, 1034 DOCKS (See Wharves) DOCK STEEET (See West Dock Street) width and location of 941 vacation of part of 2G4, 260 DOCTOES (See Physicians) DOGS at large in parks, prohibited 1096 barking or howling, penalty for keeping 976 Council's powers respecting 56 fee for impounding 976 female, at large, when unlawful 977 impounding and killing of , 975 Mayor to appoint dog catcher 975 Mayor may make contract for taking up unmuzzled 973, 977 muzzling of, when to be done 972 penalty for removing registration tag from -. 976 penalty for not registering 976 property in, when one has 548, 975 reclaiming of impounded, seized for not being registered 976 reclaiming impounded, seized for being at large unmuzzled 973 registration of, regulations as to 975-976 removing muzzle from, penalty for 974 right to seize dogs bitten by other dogs 973 unmuzzled, at large, may be impounded 972-973 INDEX. 1147 DOG CATCHER (See Animals) animals at large, duties of, as to 747, 743 appointment of, by the Mayor 975 fees of 747^ 748, 978 general duties of 07;'5-97C) office of, to be abolislied, when 978 penalty for interfering witli 977 DOORS regulations of i^rojections of, into streets 700, 938 DOOR STEPS penalty for spitting or placing .filthy matter on 762 regulations of, on Gilpin avenue 256 part of Pennsylvania avenue 1017 regulation for erection of 1017 DRAINAGE poAvers and duties of Council, respecting (obsolete) 136 Board of Health, as to 143 powers and duties of Street and Sewer Department as to 156, 224, 238, 248 of water on another's premises 774 DRAIX LAYERS (See Plumbers and Plumbing Rules and Regulations Street and Sewer Department) DRIVERS prohibited from driving at an immoderate gait 745 prohibited from racing on streets 748 duties of, respecting approach of fire ap])aratus 635 duties of, as to hose 628 636 must hold reins, or be near teams 746 must observe certain space between teams 747 to keep to the right of the roadway 745 DRIVING regulations for, on streets 745, 746, 747, 748 DUXCAX AVENUE vacated 271 1148 INDEX. DU PONT COMPANY City authorized to iudenmify, against loss for use of land near Rockf ord Tower 545 E "E" STREET part of, removed from plan or map of City. 10G3 EIGHTH STREET PASSENGER R. R. COMPANY Act relating to 504-508 condemnation of land, for use of 506 motive power of 504 to pave and keep in repair between tracks and three feet on each side 5O0 penalty for damaging property of 508 route of 505 Street and Sewer Deiiartment to have certain powers over 508 streets on which tracks may not be laid by 508, 509 track to be used by, kind of 505 where may b^ built 505 ELECTION WARDS AND DISTRICTS 72-74, 331, 351 ELECTIONS (See Registration of Voters, Primary Elections, Depart- ment of Elections, General Elections and Municipal Elections) ELECTION DISTRICTS (See Elections) ELECTRIC LIGHT POLES (See Poles) electric light companies to pay tax on poles and wires used in streets 85 ELEVENTH STREET (See Elizabeth Street) parts of, vacated '. . 264, 945 extension of 263 ELIZABETH STREET (See Eleventh Street) distance of, from Chestnut street 942 extension of 941 name of, changed to Eleventh street 941, 942 width of 934 INDEX. 1149 ELLIOTT AVENUE name of. changed to Concord avenue 10.58 e:mployee8 of city contracts involving, Avlien to be void 547 not to work over eight liours on contract work .546 wages of, On pidjlic work 547 ENCROACHMENTS on streets, &c., prohibited 934 ENGINEEEING AND SURVEYING DEPARTMENT (See Chief Engineer and Surveyor, Registration of Real Estate) creation and reguhition of ()17-()24 duties of, as to registration of real estate 105-106 election, terms and salaries of officers of 608-609, 618 fees of '. 622-624 officers of 617 pay-roll of 615, 616 registry clerk of 601 ENGINEERS IN CHARGE OF SE\^ERS election, oaths, terms, salaries, bonds and duties of 1035 EPIDEMIC DISEASES (See Contagious Diseases) ESTIMATES of revenue and expenses 74 EVIDENCE printed copies of ordinances and resolutions admissible 144 EXCAVATIONS application to make, how made, &c 1047, 104S. 1049 barriers to be placed around 749. 101)2, 1003 . bonds of indemnity for (See Indemnifying Bonds to City) centre stones to be left at a safe distance from 951 danger signals at 949. 1002. 1003, 1052 deposit of money to be made in ease of, amount of 1004-1005 fences to be placed around (See Fences) for gas pipes ■ 519-.520, 944 master plumbers licensed by Street and Sewer Department only persons allowed to make \0\6 exceptions ^ *^"^7 1150 INDEX. EXCAVATIONS— (Continued) penalties for Anolations of regulations, concerning 944 I^ermits for making (See Permits) 1004, 1047, 1049 re-filling of 1004 regulations of, in sidewalks 944, 1006-1007, 1050-1051 regulations of, in streets 254, 944 responsibility for damages caused by 124, 1004, 1039 Street Commissioner's duties respecting 944 water pipes 1004 who may make 1040-1047 EXCAVATORS (See Cesspools) of cesspools, licenses 'to 779 EXECUTIVE OFFICERS OF BOARD OF HEALTH (See Board of Health) appointment of 1.38, 770 fruits which are diseased or unripe, sale of, must not be allowed by 808 notices given by, in certain cases 773, 786 powers of 138, 770, 771, 773 privy well, ordered cleaned by, when 777 salaries of 604, 608, 771 slaughter houses to be inspected by 776 EXEMPTIONS (See Exemptions From Taxation) EXEMPTIONS FRO]\I TAXATION Acts relating to 485-492 of cemeteries and churches 83 of certain property -. 83 of City bonds ..! 104, 484 Council cannot release or grant 103 of day nurseries for babies 491 of fire companies' buildings 84 of homes for incurables 490 of homes for refvige for reformed women 490 of marsh and meadow land 488 of non-residents, as to motor vehicles 555 • of park lands 170 of property vised for settlement work 492 of public school houses 437, 486 of P., W. & B. R. R. Co.'s roadbed 523 of real estate of the State of Delaware 83 of real estate of New Castle County 83 of real estate of the City of Wilmington 83 INDEX. 1151 EXEMPTIONS FROM TAXATION— (Continued) of real estate of the United States 83, 485-486 from sewer assessments 243 of Wilmington Institute 526 of Young Women's Christian Association 491 EXHIBITION (See Shows) EXPENDITURES BY COUNCIL not to exceed head or item of appropriation 75 EXPENSE or PERSONS IN CITY CELLS by whom borne 71 EXTENSION OF CITY LIMITS (See Boundaries) new election districts in 405 new streets and grades in 250-252 EXTRAORDINARY' APPROPRIATIONS in case of damage to City Hall 80 in case of damage to water works 80 ordinance for, how to be drawn, endorsed, passed 75 when lawful 75 how paid 76 FAME HOSE FIRE COMPANY (See Fire Companies) location of 629 FARMERS' AND TRUCKERS' MARIvET (See Curb Stone Markets) allotment of spaces in 150, 151, 818, 819, 828, 830 certificate for spaces in 150, 1012 Clerk of Market's duties in 151, 814-815 ■ establishment of, by Council 149, 817 fees for spaces in 150-151, 828, 831 limits of 140, 817-818 penalty for violations of law respecting 155 plans of spaces in 150, 818, 819, 828 regulations of sales of meat in 152. 819 what may be sold in 819 1152 INDEX. FEDERAL GOVERNMENT appropriation by, for Christiana River 204 FEES of assessors and collectors for tax certificates 101 of auctioneers, for sales bj- 954-956 for building permits G22, 837, 839 for cess pools, permits for cleansing 788 of chimney sweepers^ 626 of Chief Engineer and Surveyor for wharf lines 195 of City Judge 51 of City officers 70 of City Solicitor 51-52 of Clerk of Council for making copies 566 of Clerk of Market 151, S16-S17, 828, 831 of corders and measurers of wood' and bark 584 for dogs, when reclaimed 976 of Dog Catcher, as to animals at large 747, 975 of engineers, surveyors and regulators 195,252, 622-624 for ferrules, (attachment of) 1079, 1083 for fruit and grain market 823 for geese, when re-claimed 747 (as to fines, see 745) for hucksters' stands 821 for Inspectors and Measurers of Lumber 591 for Inspector of Oils 589 of Judge of Municipal Court 51-52 for licenses for shows 959-960 for market spaces 150-151, 821, 823 of Plumbing Inspector 592 of Recorder of Deeds ' 105, 106, 252 of Regulator of Weights, &c 816-817 of Registrar of Deaths, &c 796 of Sewers '^.iV(-240, 1038, 1048 for swine, (when impounded) 765 of streets (opening of) 1005 of Weigh Master 586-587 « of weights and measures, (testing of) 816 of witnesses 47. 50. 51 FENCES (See Party Walls) City surveyors and regulators to regulate partition 135 cost of, may be recovered in Municipal Court 135 required around quarries, brick yards, excavations, &c. 749, 1002, 1003 reiiulations for erection of 859, 934 INDEX. 1153 FENDERS AXD ^^"HEEL GUARDS street railway cars must be equipped witli 1024 must be approved by Street and Sewer Department 1025 to be kept in good repair 1026 penalty for not using, &c 1025, 1026 unlawful to operate car, miless equipped with 1026 FERRULES detaching of 1080 fees for attaching 1083 by whom attached 1083 permits, what to state 1080-1083 may be detached for non-payment of water rent 1082 unlawful attachment of, penalty for 1079 size of, to be not less than % in. in diameter 1085 FIFTEENTH STREET (See Stidham Street) part of, vacated .264, 365, 948 FIFTH WARD limits of, extended 21, 28 FINANCE COM:\riTTEE (See Committee on Finance) FINANCIAL STATEMENT publication of 74, 614, 987 FDsES how collected .• 51-52 Law and Order Society, when to receive 535 to be paid over to Treasurer 144 informers to receive one-half of certain 963, 972, 976, 977 FIRE ALARMS (See Fires, Fire Alarm System) false, penalty for raising -626, 633 racing returning from fire, or false 626 special 642 system of responses to 638, 641 FIRE ALARM SYSTEM (See Fires, Fire Alarms) advertisements posted on, prohibited 633, 994 control of 209 penalty for damage to 633 regulations of iise of master key of 633 resjjonses to alarms to new boxes of 642 system of 638-641 1154 INDEX. FIRE ARMS discharge of, prohibited 751, 90-1 FIRE COIMPAXIES (See Fires, Fire Alarms, Fire Alarm System, Fire Department) amount of money to be paid by Council to 554 buildings of, exempt from taxation 84 charges by, against Chief Engineer, &c 628-629 committee on, appointment, number, and duty of 610-611, 634 Council's committee on ■ 610 duties of Chief Engineer and assistants as to 029-630 drivers of vehicles as to 635 locomotive engineers as to 636 street car conductors as to 635 duties of, when out of service 631 inspection of 610 minors prohibited from running with 627 misconduct and suspension of 631 names and locations of 628-629 jjenalty as to possession of fire box keys without permission. .. .633 penalty for driving over hose of 628, 636 racing of, jirohibited 626 refusal by, to respond to alarms, penalty 642 regulations of assembling of members of 626 as to hose of 632 of use of apparatus by 626, 630, 631 requirements as to members, &c., of 610-611 semi-annual tests of 027 system of responses to fire alarms by 638-042 FIRE CRACKERS (See Fireworks) prosecution against partnership or corporation for viohition of ordinance relating to, how instituted 965 selling, giving away or firing off of, unlawful 751,964-965 throwing lighted, at persons, animals, car or house, unlawful. . . .965 FIRE DEPARTMENT (See Fires, Fire Alarm System, Fire Companies) badges of 030, 631, 636, 637 control of 629 Council may make contracts with fire companies of the 553-554 election of Chief Engineer and assistants of 158-159 horse and wagon to be provided for Chief Engineer and assistants of 643 how increased 629 increase of 029, 637, 642, 644, 646 monthlv aUowance to be made to Chief Engineer and assistants INDEX. 1155 FIRE DEPART]\IEXT— (Continued) of, for boarding, &c., of horse and carriage 644 salaries of Chief and assistant engineers of G44 vacancies in office of Chief, &c., tilled by companj' 159-160 of Avhat, consists 628 FIRE ESCAPES 879-880 FIRE HYDRANTS care and control of ., 1075 injuries to, penalty 1081 penalty for obstructing use of 1084 penalty for unlawful use of 1080-1081, 1084 private, regulations for use of 1083 FIRJES (See Fire Alarms, Fire Department) b'ej'ond City limits 630 in chimneys 625 false alarms of, penalty for raising 626, 633 duties of drivers, as to apparatus going to 635 street car conductors, as to same 635 firemen and policemen at, duties of 630, 637 hose injm-ed at, penalty for 628, 636 locomotive engineers, duties of, diu'ing certain 636 ropes at 030, 637 racing from 626 in streets, prohibited 751 FIREWORKS ordinances relating to 751, 964-965 FIRST ASSISTANT ENGINEER OF SURVEYING DEPARTMENT salary of 602, 608 FISCAL CONCERNS provisions of law, concerning 74-80 FISCAL YEAR beginning of, Wilmington 74 of Street and Sewer Department, termination of 1071 FISH (See Fish Market, Inspector of Meats) offal or filth from, not to be thrown into gutters or streets 823 unsound, sale of prohibited 805 1156 INDEX. FISH MARIvET Council may establish and regulate 154 location and regulations of 823 FLAG of the United States to be disjslayed on or near school houses . . . 450 of foreign country, when may be displayed on public buildings. .535 FLAGS, BAXXEES AXD BUXTIXG when allowed on streets 761 FLOATIXG DEBT (See Bonds) FODDER (See Hay) sales of. from wagons in streets, prohibited 1012 FOOD (See Fruit, Meats) FOOD ,\XIMALS (See Inspector of Meats) FOOTWAYS (See Sidewalks) FOREIGX FLAG (See Flag) F0RE:\L\X of WATER DEPARTMEXT appointment and duties of 1077 FORFEITURES to be paid into City Treasury (See Fines) 144 exceptions 535, 971 FORTY-FOOT STREET location of 1057 name of, changed to Douglas street 1057 FOUXDATIOXS regailations for building of 841, 843 FOUXTAIX^S informer to receive certain fines as to 971 public, penalty for injuring 970 duties of irolice as to 971 INDEX. 1157 FOURTEENTH STREET (See Washington Street "Old") part of, vacated 266 part of West, removed from plan or map of Citj- 1063 FOURTH STREET (See High Street) leasing of wharf at end of 920 part of, vacated 1000 FO^^^LS (See Poultry) FRA:\rE BUILDINGS not to be moved in City limits 903 regulations for alterations to 800, 903 temporary, for use of builders : 857-858 FRANCHISES OF STREET RAILWAY COMPANIES forfeited in certain cases 1031 FRAXIOvIN STREET (Old) (See Thirteenth Street, Christiana Street) name of, changed to Christiana street 941, 942, 947 FREE LIBRARY Acts establishing and relating to 525, 531, 984, 985 FRENCH STREET part of, vacated 267 width of 934 FRIENDSHIP FIRE COMPANY location of 028 FRONT STREET (See Lancaster Avenue) extension of 941 name of part of, changed to Lancaster avenue 1057 width of 933-934 FRONT AND UNION STREET RAILWAY COilPANY acts, relating to 498-504 condemnation of land for 501 fare of, when not to exceed five cents 503 injuries to property of, and penalty therefor 503 motor power to be used by 499 1158 INDEX. FRONT AND UNION STREET RAIL, WAY COMPANY— (Continued) paving and repairing, to be done by, within tracks and three feet on eacli side thereof .; 503 route of 499 Street and Sewer Department must give consent before streets may be used by 503 track and grades of 500-501, 504 tracks of railway and railroad companies may be crossed by 501 track not to be laid on parts of Ninth and Tenth streets. . . .508,509 where railway may be built in, and out of. City 498-499 "Wilmington City Railway Co.'s track may be used by, when. 499-500 FRUIT (See Fruit and Grain Market) duties of ClerK of the Market and executive officers of Board of sale of diseased or premature, prohibited 808 Health as to 808 FRUIT AND GRAIN MARKET location and regulation of 821 sale of peaches, &c., in 821 space in, and charge for same 822 what may be sold in 821 FRUIT, VEGETABLE AND GRAIN MARKET location of 833 market hours in 833 penalty for violating provisions, relating thereto 835 powers of Clerk of Market, in 835 shafts to be taken from wagons in street of 833 spaces in 833-834 spaces in, not to be assigned or sub-letted 834 use of, by whom .833 what to be sold in 833, 834 FRUIT, VEGETABLE AND PRODUCE MARKET SHED location of 831 conditions under which persons may use 832 persons allowed, and not allowed, to occupy the 831 stalls in, not to be held or used by any one in particular 832 Street and Sewer Department to have control of 832 FUNDED DEBT limitation of 77 may be exceeded, when 77-78 not be increased, when 80 IXDEX. " 1159 a "G" STREET part of, vacated SOT, 271 GAME unsound, sale of. prohibited • ■ • ■!^05, SOG GARBAGE (See Board of Health) advertisements for proposals respecting 130, 797, 801 alleys, not to be used to place, in 7G6 ashes not to be mixed with 798 badge to be worn by pmployees collecting 800 penalty for not wearing badge as aforesaid 800 bills, payment of, for collections of 800, 801 Board of Health fo award garbage contracts 138-139 Board of Health to enforce provisions relating to 801 bonds with bids and contracts, respecting 800, 802 carts for collection of, to be marked "City Garbage Cart" 799 collection of, when to be made 798-799 collection and removal of 13S-139, 79G-797, 801 contractors, when paid for removal of 800-801 contracts as to, by whom made 138-139, 796-797, 801 contract for collection and removal of, to lowest and best bid- der 138-139, 797 definition of "97, 802 deposit of, in streets, prohibited '5^'^ districts, as to 798 lids of carts for collection of, to be kept closed * 800 metal carts to be used for the collection of "99 penalty for not collecting ~^^ quantity of, allowed to each house "99 sewers, unlawful to throw, in 1053 where to be taken '98 GAS Act regulating jxice of il9 GAS COMPANIES to pay tax based on miles of streets in which pipes are laid 85 GAS INSPECTOR • assistant to, may be appointed by Couiu-il 166 bond of 166-167, 593 candle power of gas to be tested daily, by 166, 597 duties of 1(;5-I(i7, 593-598 1160 INDEX. GAS INSPECTOR— (Continued) fees collected by, to be paid monthly to Treasurer 598 meter of consumer to be tested by 597 Plumbing Inspector to be 105, 592 salary of 166, 592 GAS PIPES regulations for excavations for 519-520. 044 GEESE (See Animals) at large in streets, prohibited , 745, 747 fee for impounding , 747 impounding and sale of 747-748 redemption of, when impounded. 747 GENERAL ELECTIONS Act, relating to 3GS-397 Act applies to municipal elections in Wilmington 387, 414 Act does not apply to Board Public Education election in \Yil- mington 387 appliances of room where election is held 3G9 ballot boxes, furnished by Sheriff 385 ballots, left over to be destroyed by Clerk of the Peace 384 ballots, unused or imvoted, to be burned by officers 384 ballots, arrangement of 374 ballots, what not to be counted 383, 388 ballots, counting of 383, 388 ballots, defaced or mutilated 382 ballots, what not to be deposited 380 ballots, to whom delivered in Wilmington 376 ballots, to whom delivered, if inspector does not call for same.. 376 ballots, disputed 383 ballots, how folded : 391 ballots, folding of, changes of and erasures in 380, 382 ballots, left over to be destroyed by Clerk of the Peace 384 ballots, loss or destruction of « 3i 7 ballots, number of, how ascertained 375 ballots, opening of package of 378 ballots, preparing of, voting, &c 380 ballots, packages, &c 375 ballots, penalty for making distinguishing marks on 386 ballots, by whom printed, size, form, &c. 370-371, 373-374-375. 377, 388 ballots, printer of and regulations concerning 375 . ballots, penalty for breaking package containing 377 ballots, penalty for removing 382 INDEX. 1161 OEXERAL ELECTIONS— { Cont inued ) ballots, sample 378-379 ballots, no one to leave room with 381. 382 ballots, unused or unvoted to be burned by officers 384 ballots, how marked, in voting 380, 388, 394-395 betting on elections, unlawful " 393 booths for 309 cards of instruction 378-379 certificates of nomination, when to be liled 373 certificates of nomination, for, form of, &e 371 certificates of nomination to be preserved by Clerk of the Peace 372 challengers, powers of 388-389 resisting, penalty fen- 389 act as clerks, &c '. 389 oath of and how appointed 389 change of place of holding, in time for notice to be given 368 challengers at 370 challengers, where to stand 370, 379 Clerk of the Peace to deliver sample ballots 378, 379, 384 conversation in jjolling places 382 death, resignation and removal of candidates 371 death, resignation and removal of candidates after printing of ballots 374 Department of Elections, duty as to 309 disputed ballots 383 distinguishing marks on ballots, penalty for 386 divisions and factions of parties at 371-372 elector may assist voter, when 387-388 elector assisting one to vote and disclosing manner of voting. penalty for 391 election officer disclosing how elector voted, penalty for 392 election officer committing unlawful act, penalty for 392 election room, penalty for unlawfully entering 380, 390 penalty for hiding in 392 election officers, penalty for inducing to violate provisions of this Act 386 election supplies, penalty for destroying 3S6 expenses and costs of inspectors and Clerk of Peace, how paid. . .387 , figure or device of parties on ballots for 371 dispute as to, how settled 372 hiding in election room, penalty for 392 initials of clerks of election, where placed on ballots 378, 391 inspector, compensation and expenses of .385, 387 insjjectors, duties of respecting ballots 370 inspector, oath and duty of 380 inspectors and clerks of election, duty of 378 intoxicating licjuor, provisions relating to 273. 290. 397 1162 INDEX. GENERAL ELECTIONS— (Contiiuied) lead pencil iised to mark ballot at 380, 394, 395 misconduct of, general, of election officers 385, 392 marked ballot not to be counted, what is 388 new ballots, when election officers to print, &c 377 nominations excluded from publication, what kind of 373 nominations, publication of, for 375 arrangement of, for , 373 organization of political parties, Clerk of Peace may demand l^roof of 370 oath of inspector 386 oath of election officers, nature of, &c 383, 386 pasters for new nomination, how used 374 pencil to be delivered to voter by clerk of elections 395 l)encil, penalty for removing from election room 395 penalty for jjlacing distinguishing mark on ballots 386 penalty for unlawfully entering election room 386, 390 penalty for election officers revealing knowledge of how one voted 384,392 penalty for violations of this Act 385, 392 penalty for destroying certificates of nomination 385 penalty for destroying conveniences of voting place, &c 386-387 penaltj' for neglect of Clerk of the Peace to perform certain duties 384 penalty for destroying election supplies 386 persons betting, competent witnesses in regard thereto 394 place of holding 273, 290, 368 police, duties of, at 211, 298 political party, what shall constitute 370 "principal political parties," definition of 389 room of election, unlawfully entering and penalty therefor. .386, 390 room where, is held, plan and entrance of 368 sample ballots, furnished by Clerk of Peace 378-379 Sheriff, duty of as to 385 special officer at election and how appointed 390 stakeholder of bet on election, competent witness in regard thereto 393 thirty feet from the polls, who allowed within that distance. .. .379 voters' assistants, how appointed and duty of 388, 396, 397 false declaration of, to voter 397 when may assist voter 381, 396 voters, admission of, to election room 379-380, 381 voter, must not leave room with ballot or pencil 380,381,395 voters of, number of in room at one time 381 voting, place of, selected by Department of Elections. . .337-338, 369 voting, manner of 380, 388, 394-395 voting, how to prepare ballots 380 INDEX. 1163 GEXERAL ELECTIONS— (Contmiied ) voting, time for 381 what elections tlie provisions of tliis Act apply to 387 GILPIX AVENUE buildings on, how erected 256 change of curb lines of 255, 990 powers of Park Commissioners, respecting 256 railways on, prohibited 256 regulations of use of 255 tree fund transferred to Park Commissioners 996 width of sidewalks and roadways of, changed 997 GILPIX LANE vacation of 265 GOATS (See Animals) at large in streets, prohibited 745, 747 GOODWIN STREET a part of, vacated 1067 GRADES of ascents and descents of streets, omitted, by authority of the Council (See Preface) duties of engineers and surveyors, respecting 619, 620 owners of property outside of City may change, with consent of Street and Sewer Department 254 charter ijrovisions as to 130 of streets, how obtained 619, 620 GRADE CROSSINGS bonds for abolition of 469, 477, 680, 682, 688, 690, 696, 699 GRAIN (See Fruit and Grain Market) powers of Council, respecting 56 GRASS PLOTS driving animals on, or permitting them to graze on, unlaw- ful 995-996 GRAVEYARDS (See Cemeteries) of African Union Church, burials in, prohibited 520 1164 INDEX. GRAVES (See Burials, Dead Bodies) depth of, required 805 GUNS firing of, prohibited 751, 964 GUNPOWDER . Council may regulate storage of 56. duties of high constable, &c., respecting 962-963 expense of removal of unlawful stores of 963 informer, when to receive one-half the fines in regard to ordi- nance relating to 963 Judge of Municipal Court shall order removal of 962 penalty for unlawful storing of 962 l^enalty for not removing 962-963 regulation for storing and sale of 962-964 regulation for bringing of, into City 963 removal of, when unlawfully stored 962 vessels of a certain kind, excepted from regulations respecting. ..963 GUTTERS (See Sewers, Streets) by whom laid out and general powers as to 127, 224, 228, 229 obstruction of, prohibited 788 throwing fish and offal in 823 width of, in ancient ordinance 937 HAND BILLS, CIRCULARS, &c. placing of, on steps, porches, sidewalks, or in streets, unlawful. . .999 HAND CARTS (See Wheelbarrows) HANOVER STREET (See Sixth Street) extension of .' 941 name of, changed to Sixth street 941, 942 width of 934 HARBOR (See Harbor Commissioners, Harbor Master, Port Wardens) act, relating to ' 185-204 duties of Harbor Commissioners, respecting 185-189 Harbor Master, respecting 199-200 Port Wardens, respecting 188-200 INDEX. 1165 HARBOR COMMISSIONERS (See Port Wardens and Wharves) appointment of 185 compensation of, to be fixed bj' Council 187 duties of 185-189 land-marks may be fixed by 186 oatb of office of 186 powers of 186 returns and plots to be made and filed by 187 returns and plots of, where recorded 187 salaries of engineers, &c., to be fixed by 187 A'acancies, how filled 187 HARBOR MASTER election, powers and duties of 199, 917 holds over in case of failure to elect 917 penalty for refusal to obey 199 salary of 200, 609, 917 HARTMAX STREET jjart of. removed from plan or map of City 1062 HASLET STREET (See Park Place) name of part of, changed to Park Place 1057 spelling of name of, changed 951 width and location of 950-951 HA^^'LEY STREET part of, vacated 270 HAY (See Weigh Master) duty of Street Commissioner, respecting 752 duties of Weigh Master as to weighing of 586 fees for weighing 587 penalty for unloading of. before weighing 588 powers of Council, respecting 56 redemption of, by owner 753 regulations of weighing of 587 regulations for storing of 752 removal and sale of unlawful stores of 752-753 sales of, from wagons in streets, ])roliibited 1012 HEALTH (See Board of Health) of .City, powers of Council, respecting 55 ordinances, relating to 770-813' 1166 INDEX. HEAT, LIGHT AND PO^^^R COMPAXIES to pay tax on basis of miles of streets used for pipes, wires, poles, &c 84-87 HIGH CONSTABLE accounts to be rendered by, to Auditor 570 accused persons to be placed in custody of 45, 49 additional compensation, when 210 appointment of 209 a City officer 30 commitments to, of defendants, when 49 contempt of court by, when 44 dogs, duties of, as to reclaimed 970 dogs, duties of, as to registration of 975 duties of, at Municipal Court, and generally 44, 49, 67, 211 gunpowder, duties of, as to 962-963 impounded swine, duties of , as to 765 not to be member of political committee, &c 211 obscene figures and pictures to be removed by, when 763 officer of Board of Health 770 oils, duties of, as to storage of 966 penalty for failure to serve legal process 44 prison cells, duties of, as to 71 process to be served by ' 44 is Secretary of Police C(nnmission 207 removal of 209, 211, 212 salary of 210 suspension of 44, 212 tar, duties of, as to manufacture of 967 witness fees not to be paid to 50 HIGH STREET (See Fourth Street) extension of 941 name of, changed to Fourth street .941-942 width of 933 width of sidewalk of 937 HITCHING OF HORSES TO TREES UNLAWFUL 969 HOGS (See Cattle, Meat, Swine) powers of Council, respecting 56 HOG PENS cleansing and removal of 776 regulations for buildins of 765-766 INDEX. 1167 HOLES (See Excavations) liability for damages caused liy 124 in sidewalks 944, lOOG-1007 in streets 130, 24G, 254, 519, 520, 944 HOIME FOR IXCURABLES exemption of. from taxation 490 HORSES (See Animals) at large, in public parks, prohibited 1005, 1096 at large, in streets, pi'ohibited 745, 747 hitching of, to trees, a nuisance 969 impounding of, when hitched to trees 969 penalty for owners of, concealing, to evade tax on 930 regulations for driving of 745, 740, 748 taxes on, how assessed and collected 103, 929-930 apiaeal to Finance Committee as to tax on 990 troughs for, regulation of, by Water Department 1084 HOSE (See Fire Companies) penalty for driving over 628, 636 HOSPITAL (See City Hospital) when Board of Health may establish 779, 780 HOUSES (See Disorderly Houses, Tippling Houses) by whom, and how numbered 578-583 when unlawful to change numbers of 289 HOUSEHOLD RUBBISH in what to be placed, and by whom removed 894, 998 not to be mixed with ashes 998 placing- of, in streets prohibited 999, 1002 HOUSES OF ILL FAME (See Assignation Houses) • keeping of. a nuisance 536, 759 penalty for keeping 536, 759 HOUSE SERGEAXT bail may be taken by, when Clerk of Municipal Court is absent. .104 warrants may be served and oath admisteretl by. when Clerk of Municipal Court is absent 163 HUCKSTERS (See Hucksters' Market) 1168 " INDEX. HUCKSTEES' iMARKET (See Curb Stone Markets) Couucil may establish and regulate 154 fees paid to Clerk of Market for use of 821 location and regulations of 820 space in 821 ^'hat may be sold in 821 HYDEAXTS (See Fire Hydrants) I ICE regulations of sale of 953 ILLUMIXATIXG OILS AXD FLUIDS (See Oils) IMAGES (Exhibition of) license fee for 959 mPOUXDIX'G of animals at large 747, 765, 975 niPRISOX:MEXT (See Municipal Court) for non-payment of taxes 99 IXCURABLES homes for, exempt from taxation 490 IXT)ECEXT COXDUCT masquerading prohibited, except in certain cases 757-758 in public, prohibited 757, 762 IXDECEXT PICTURES prohibited in public 762 removal of. by chief of police 763 IXDEMXIFYIXG BOXDS TO CITY when building materials are placed on sidewalks or streets 130, 244, 1002 when excavations are made in streets 130, 244, 1004 from plumbers 1039, 1052 INDEX. 1169 INDEPENDENCE FIRE CO:\IPANY location of 629, 645 made a member of the Fire Department 645 INFECTIOUS DISEASES (See Contagious Diseases) INFOR^klATION in Municipal Court, prosecution shall be by 46 INITIATIVE AND REFERENDUM ACT 415 duties of certain City officers under 987-988 INSPECTIONS of buildings (See Building Regulations) 836 cattle (See Inspector of Meats) 162 cesspools (See Plumbing Inspector) 155 meats (See Inspector of Meats) 162 milk, powers of Council, respecting 56 provisions, powers of Coimcil, respecting. 56 lumber (See Inspectors and Measurers of Lumber) 591 lumber, powers of Council, respecting 56 markets (See Clerk of Market) 827 oils (See Inspector of Oil) 589 Ijlumbing and drainage (See Plumbing Inspector and Plimib- ing Regulations) 156, 1036 INSPECTORS OF ELECTION (See Elections) INSPECTORS AND ^MEASURERS OF LUMBER appointment and duties of 591 oath, fees and qualifications of 591 powers of Council, respecting 56, 607 INSPECTOR OF MEATS (See Meats) duties of, as to imsound meat 807 ■ election, term and salary of 163 food animals, «&c., to be inspected by 807 to obey orders of, and report to Board of Health 807 penalty for interfering witii 808 qualifications, duties and powers of 162 slaughter houses, &c., to be inspected by 807 vacancy in office of 163, 607 1170 INDEX. INSPECTOR OF OILS (See Oils) duties of 589-590 election, term and salary of 157-158, 588 fees of 589 reports of 590 seal or mark of 589 vacancy in office of 607 INTEREST rate of, on sinking fund bonds, how fixed 458 INTERMENTS (See Burials) INTOXICATING LIQUORS sale of, in public parks, prohibited 173 use and sale of, as to elections 273, 290, 318, 358, 359, 3G8, 397 INVESTIGATIONS OF AFFAIRS OF THE CITY by "The Councir" 60-61 by the Mavor 33 J JANITOR aj^pointment, duties and salary of 600 of Municipal Court roonr and police station 600 JEFFERSON STREET width and location of 940 part of, vacated 1065 JOURNAL of Council, to be kept 53 entries in 36, 53-54, 57, 70, 176, 206, 227 JUDGE OF MUNICIPAL COURT absence of, deputy may act when requested 39 acknowledgments of deeds, mortgages, &c., may be taken by. ... 52 appointment of 36 appointment of new clerk by, if bond be not given by first ap- pointee 47 bond of Clerk of Com-t to be approved by 47 Clerk of Court to be appointed by 47 INDEX. 1171 JUDGE OF :\IUNICIPAL COURT- — (Continiud) costs may be stricken off by, when 45 fees of 50, 51, 52 gunpowder, unlawfully stored may be ordered ronioved by . . . 962-963 lottery policy offices, duty of, as to 970 oath of office, to be taken by 30 oath of office, may be administered by 32 powers and jurisdiction of 43 qualifications and term of office of ' 36 removal of 36 salary of 68, 008 seals for Court and Judge, to be procured bj' 50 tar, duty of, as to the making of 967 warrant of, for abatement of nuisance 785 warrant for witness fee in Municipal Court to be signed by 50 JUDGMENTS entry of, for taxes 98 in Municipal Court, appeals from (See Certiorari) 48, 49 JUGGLING (See Shows) JUSTICE OF THE PEACE to bind accused persons for appearance at Municipal Court. .40-41,45 JUSTISON STEEET width of 934 KENNETT ROAD (See Delaware Avenue) part of, to be called Delaware avenue 943 KENNETT TURNPIKE ROAD part of, vacated 205 KENT STREET (See Eighth Street) extension of 941 name of, changed to Eighth street 941, 942 width of 934 KEROSENE (See Oils) 1172 INDEX. KEYS to fire alarm system, regulation of 633 KING'S ROAD vacation of 265 KING STREET (See Curb Stone Markets) part of, vacated 267 sidewalks of 937 width of 934, 948 KIRKWOOD PARK Park Commissioners authorized to purchase lands for 983 KIRKWOOD PARK BATH HOUSE ordinance for issuance of bonds for 718 LABELS for names of streets 943 penalty for removing 943 LAMBS when vinlawful to sell or ship into City, carcasses of 164,165 LAMBSON STREET ' part of removed from plan or map of City 1063 LAMPS (See Public Lamps) LANCASTER AVENUE (See Front Street) LANDMARKS Council may authorize removal of 193 Harbor Commissioners powers of, as to 186 removal of, unlawful Ill, 622 Port Wardens powers of, as to 188 of streets Ill for wharf lines 186 INDEX. 1173 LAND OUTSIDE OF CITY damages not allowed for, when 253 grades of, may be fixed by owner 253 powers of Street and Sewer Department in regard to 253-254 LANES (See Alleys, Streets) LARD (See Butter) LAW COMMITTEE (See Committees of Council) duties of G14 LAW AND ORDER SOCIETY when entitled to one-half of certain fines, &c 535-536 LEASES of certain lands for armory 924, 925 of property to be used as disorderly houses 537 to P., W. & B. R. R. Co., by City 523 of wharves 128, 019-920, 1033 LEGAL DAY'S WORK what to constitute in certain work for employees of City 546 LEGISLATIVE COMMITTEE (See Law Committee) LIBERTY" FIRE COMPANY" location of " 629, 637, 638 LICENSES (See Shows) for auctioneers, fees for 955, 956 issuing of 56, 535, 954 penalty for sale without 956 powers under 955 revocation of, by Council, when 955 to drain layers, &c 244 fees for show licenses 522, 959, 960 penalty for shows without 959, 960 for pool rooms, bowling alleys, billiard tables, &e 553 must have, for shows 751 LIENS of assessment, benefits of opening streets 115-116 assessment for paying and curbing 119, 121-122, 1010 117-4 ■ INDEX. LIEXS— (Continued) books for, and duties of Auditor, respecting 569 books for, and duties of Clerk of Council; respecting (obsolete). .567 cancellation of, by Board of Directors of the Street and Sewer Department for curbing, paving and sewer liens, when al- lowed 246 exemption of certain land, from sewer lien 243 for abating nuisances 139 for paving, how collected 120 repaving footways 121-124 for sewer assessments 239-240 for sewer assessments to be jiaid before connection can be made 1049 for sewers, cost of 241 for sewers, how collected 242 of taxes 95, 96, 98 for water courses, cost of altering (obsolete) 137 LIGHTING STREETS duties and powers of Council, respecting 56 LIME Council may regulate the weighing and' measuring of 56 LIMITS OF CITY (See Boundaries) LINEMEN appointment of ; 601 LINWOOD AVENUE part of, vacated 1070 LITERARY ENTERTAINTVIENT (See Shows) no license to be required for 959 LITTORAL PROPRIETORS bulkheads may be erected by 202 breadth of water front on Delaware River, of 203 grants to, by Attorney General and Secretary of State, when. 202-203 land to vest in fee in 202 wharves, &c., on Delaware River, may be owned by 203 LOBDELL STREET removal of part of from plan or map of City 1061 INDEX. 1175 LOCOMOTIVES bells of, to be rung 755 engineers of, not to run over lire hoses 636 penalty for unlawful S2)eecl of 754 speed of 754 street crossings not to be blocked by 756 LOCUST STREET part of, removed from plan or map of City 1061 LOMBARD STREET width and location of 940 LOMBARDY TREES planting of, prohibited " 995 LOTTERY POLICIES duties of police, respecting 970 offices for sale of. declared to be a nuisance 970 penalty for having place for sale of 970 LOTS (See Sand Lots) of sand and gravel to be enclosed 749 LOVE LAXE act, vacating 264 LOWEST BIDDER general work or labor for City over fifty dollars, to be awarded to 978 for Board of Public Education 438 LOWEST AXD BEST BIDDER as to Board of Health 139. 796 Street and Sewer Department 234 Water Department 179 LUMBER power of Council concerning inspecting and measuring of 56 regulations for inspecting and measuring 591 MADISOX STREET (See Curb Stone Markets) parts of, vacated 262, 264, 946 width and location of 940 1176 INDEX. MAGISTRATES to report marriages 109, 795 their names and residences to be reported to Registrar 794 MALIGNANT DISEASES (See Contagious Diseases) IMAP new streets less than forty feet in width not to be placed on. . . .935 of bulkheads on Delaware River 201 of City, how made 129, 620 pier lines of Delaware River to be as on a certain 201 removal of certain streets from 10(51-1071 MARKETS (See Curb Stone Markets, Regulator of Weights and Measures) booths, &e., provisions concerning, not applicable to 744 butter, sausage, &c., regulations of sales of, in 825 Christmas trees, sales of, in 1013 Cleric of Market's duties in 827, 828. 830, 1012 Council's powers, respecting (See Street and Sewer Department) 56, 149, 150, 151 disorders and riots, in, how suppressed 828 houses for, powers of Council, respecting 56 hucksters 154, 820 farmers and truckers 149-150, 817, 832 fees from, to whom paid 829 fish 154, 823 Front and Church streets, regulations of 831 fruit, vegetable and grain 833 fruit, vegetable and produce .831 New Jersey 154, 819. 820 ordinances relating to 817-835 oleomargarine, &c., regulations of sales of. in 825, 827 refuse must not be thrown in, by sellers 824-825 spaces in, allotted by Council 150 record of same kept by Clerk of INIarket 151 Street and Sewer Department, powers as to 828 weights and measures, used in, regulations of 815-817,825 MARKET HOUSES Council's powers as to 56 inspection of 807 oifal or offensive matter in 773 INDEX. 1177 MARKET SHEDS Front street wharf, regulation of S31-S32 ]VL\RKET STREET (See Philadelphia TurnpiJce) width of 934 MARRIAGES Mayor may solemnize 34 records of 108-109, 796 reports of, to Registrar 109, 795 MARSH LAND assessment of certain, for care of banks 521 exemption of, from taxation • 488-489 IMARSH ROAD (See Vandever Avenue, Seventh Street) ' name of, in Xintli ward, changed to Vandever avenue 262 part of, vacated 265 MARSH STREET (See Seventh Street) made public 933 MARSH TAX how assessed and collected ,. . . .521 MARYLAND AVENUE act relating to 265 corner of sidewalk of, thrown into street 1055 IMASKS (See Masquerading) MASQUERADING when permitted 758 when prohibited 757 MASTER KEYS of fire alarm boxes, regulations for use of 633 MASTER WARDEN election and duties of 194 compensation of 196 vacancy in office of, how lilled 194 1178 INDEX. MATRONS (See Police Matrons) of Police Department 215 may participate in police pension fund 220 ^ilAYOR appeal to, from decision of Public Building Committee 840-841 assemblages of minors to be dispersed by 751 absence of, who to act 34 appraisers of impounded animals to be appointed by 748 appointments by, to be confirmed by Council, when 36 Board of Health, appointed by 137. 770 members of, removed by Mayor 138 vacancies in, filled by Mayor 138, 770 bonds of assessors and collectors, to be approved by 102 bonds of engineers and surveyors to be approved by 618 bonds of garbage collectors, to be approved by 800 City map, to be signed by 129 a City officer 30 , a conservator of the peace 33 contracts may be made and revoked by, for the taking up of un- muzzled dogs 973, 977, 978 contract with Wilmington Institute may be made by 984 deeds, &c., may be acknowledged by 34 dog catcher to be appointed by \ 975 duties and power of, in general 33 election of 32 elections, duty of, as to 410 gunpowder, duties of, as to 964 impounded swine, duties of, as to 7G5 investigation of City matters may be made by the 33 Council to pay expense of investigation made by 33 false statement under oath, made to the, in said investigation, is perjury 33 subpoenas may be issued and testimony under oath taken bj-, in said investigation 33 law and ordinances to be enforced by 33 licenses for shows, &c., issued by 959, 960 a manager of free library 525 a member of Park Commission 168 marriages may be solemnized by 34 moving picture shows, Building Inspector's certificate to 961 oath to Harbor Commissioners, administered by 186 oath to Inspectors and Measurers of Lurnber administered bj-. . . .591 oath to Port Wardens, administered \)j 194 oath to Weigh Master, administered by 586 offensive trades, duty of. as to 772 INDEX. 1179 MA YOR— ( Contimied) oil, duties of, as to storage of 966 ordinances to be approved by 57 police force and powers of, as to 07 posse comitatus, when maj* summon 67 presiding officer of Advisory Board 105 pro tempore 34 qualifications, election, term of office of 31-32 removal of, from office 35 riots, &c., duties of, as to 67 salary of 32, 68, 608 seal of city to be kept by 33 seal of office of 35 secretary of 604 shows, may be licensed by 959 special constables may be appointed by. when 67 Street and Sewer Directors, appointed and removed by 227 tar, pitch, &e., duties of, as to 967 vacancy in office of, how filled 35 veto power of 57, 77, 78 warrant to collect sewer liens, signed by 140, 242 Water Commissioners appointed by 175 Water Commissioners may be removed by 176 wheelbarrows, duties of, as to 758 MEASURES (See Weights and Measures) MEASURERS OF LU^IBER (See Inspectors and Measurers of Lumber) MEASURERS OF WOOD AXD BARK(See Corders of Wood and Bark) MEATS (See Inspector of Meats) blocks, for cutting of. prohibited on sidewalks 826 disposal of, when condemned 806 inspection of 102, 807 prima facie evidence of sale of 805 regulations for sale of, in Farmers' and Truckers' iMarket 152,819.826 sale of unsound, unlawful 805 seizure and condemnation of 162, 806 unwholesome, what is 805 MEETINGS in public parks, regulations of 173 1180 INDEX. IMENAGERIES (See Shows) license fee, for 959 MID WIVES to report births 109, 794 to report their names and residences 794 MILITIA erection of armorv, for 924 illLK adulterated, salfe of, prohibited 810 Council's powers, respecting 56 penalty for removing cream from milk and selling as pure 811 penalty for selling, in uncleau containers 811 penalty for selling from unclean cans 811 penalty for A'iolation of provisions of ordinance 809, 810, 812 permits for sale of, not to be gi'anted without certificate of veterinarian 809 permits for sale of, to be yearly 809 jjersons selling, to have name on wagons 812 persons selling, to register with Clerk of Council 809 standard measure of cream and 552 vessels containing skimmed, must be so marked 811 IVIILK CANS to be inspected by regulator of weights and measures of New Castle Countv 552 MILK INSPECTOR allowance to, for horse and carriage 812 duties of 809-813 election of 809 implements for inspection of milk must be bought by 813 salary of 812 A'acancy in ofTice of, how filled G07 MILL STREET (See Sixteenth Street) extension of 94l name of, changed to Sixteenth street 941, 947 MILLER LAXE vacation of 265 INDEX. 1181 MILLER STREET name of, changed to Broome street 1059 MINORS assembling of, in streets, unlawful, when 751 taxes of, how collected 97 imlawfiil for minors to get on moving cars 922 unlawful to sell, give, &c., pistol or firearms, to 965 MIXSTRELS (See Shows) MONEY (See Deposits of Money) how drawn from banks 03, 76, 987 borrowing of 76 may borrow, in excess of funded debt, when 77-78 limit for borrowing 77 MONROE STREET extension of 263 parts of, vacated 202, 945, 1065 MOROCCO SHOPS unlawful to throw refuse from, into sewers 1053 MORTGAGES acknowledgments of, may be taken by Judge of Municipal Court 52 may be taken by Mayor 34 MOTOR VEHICLES act, relating to 554 arrest of operators of, without warrant, when 560 chains on, when prohibited 558 definition of 501 fee for registration of, and tags on 554-555 intoxicated person, not to operate, penalty for so doing 557 license for, and to whom, granted, .&c 550, 557 license necessary, in order, to operate 55o money or valuables may be taken by magistrate from operators of, when 560 owners of, to register 554 non-residents using, exemptions of from Act 555 penalty for violating provisions relating to 560-o61 police officer's signal to stop, must be obeyed by 560 1182 INDEX. MOTOR VEHICLES— (Continued) provisions of this act, relating to, not to apply to certain per- sons operating 559 rate of speed of 559 registration of 554 right side of the road, to be followed by operators of 559 revenue for registration and licensing from, to whom paid 562 signals and brakes of, must be satisfactory 557 warning of approach of, to be given by persons operating 558 MOVING PICTURE SHOWS age of operator of 961 certificate of Building Inspector as to building used for 961 license required to operate 960 license for 960 license for, granted by Mayor 960 oil lamps, fire extinguishers, &c., used in 961 penalty for violating provisions of act relating to 962 powers of Police Commissioners, as to 962 terms of license 960. MOUNTEBANKS (See Shows) IMULES (See Animals, Horses) MUNICIPAL COURT appeals from, when and how allowed 48, 49 bail in 39 bail bonds forwarded from Justice of the Peace to Municipal Court 45 certiorari, writs of. to 48 City Solicitor's duties in 46, 573 commitments by 49 contem^^t of, by constable how punished 44 duty of, as to certain nuisances 48-49 establishment of 36 expenses of, how paid 37 fees and' costs in 40, 45. 40. 47, 50, 51, 52 filing of transcript, form of, &c 49 janitor (appointment of, for room) 600 jurisdiction of 40, 562 Justice of the Peace, and City Judge, to bind for appearance at. 41, 45 peddlers, jurisdiction of, as to 562 process of 39 process of, runs throughout the State 40 prosecutor in, who 40, GO, 573 IXDEX. 1183 MUNICIPAL COURT— ( Continued ) prosecutions in, how brought 44, 46 recognizances in 48, 49 seal of 50 surety fixed by, in appeals 49 terms and sessions of • 30, 37 where held 37 witness fees in 47, 50, 51 witness fees, unclaiiucd in 48 MUNICIPAL ELECTIONS (Act Relating to) 397-414 ballots for, duty of printer as to 407 ballots, when and how counted 408 ballots to be destroyed after they have been counted, &c., unless. 408 ballot boxes, &c., how provided 407 ballots for, printed and furnished, by Department of Elections. . .402 canvass by votes by Department of Elections 411 canvass of votes, how conducted 407-408 certificates to persons elected, form and delivery of 411-412 City officel-s (certain of them) to remain at their offices during election day 409-410 Department of Elections, books, papers, &c., transfer of, to 399 contested elections, proceedings in and how decided 413-414 corporation not dissolved by failure to hold 400 Council's powers in election contests 413 Council to examine certificates 412 certificates to be examined by Council 412 Covuieil (members of) how chosen 405 removal of member from ward, effect of 405 Department of Elections, may demand certificate of sufficiency as to party organization, when 402 Department of Elections, may employ clerks, &c 402 expenses, how paid 402 limit of expense 402 Department of Elections, compensation of 399 Department of Elections, powers of 398-404 Department of Elections, have power in City elections similar to those of the Clerk of the Peace in general elections in Wilmington 401 Department of Elections, salary of and how paid, for holding City elections 273, 399 Department of Elections, duties of as to revision of registration. 400 Department of Elections may dismiss election officers 401 Department of Elections, may lay out new districts in extended limits of city and appoint oflicers therein 405 devices of a certain kind prohibited 403 1184 INDEX. MUXICIPAL ELECTIOXS (Act Relating to)— (Continued) device, which faction entitled to 404 disputed ballots, what done with 408 domicile, change of, effect on right to vote 404 election districts in . . . 399 election contest, decision and publication of . . . .' 413 election contests, powers of Council as to 413 election to be by ballot and phu'ality elects 406 , election (failure to hold) not to dissolve corporation 406 election officers may be dismissed by Department of Elections. .401 expense of registration and election, all to be paid by City 406 factions, which entitled to device 404 general election laws applicable to, in Wilmington 387,398,414 hours of voting 406 how conducted 397-398 impersonation of voter, penalty for 401 legally qualified elector not disqualified by impersonation of him- self 401 nominations, certificates of 402 party title, device, &c., use of 403 pasters for ballots, when and how used 407 police, duties of, at .' 211, 298 political party, what constitutes 402 poll lists, how certified and where filed 410 provisions of this Act not to apply to elections held for mem- bers of Board of Education 414 registration laws apjilicable to, in Wilmington 398 revision of registration by Department of Elections, when 400 returned certificates of election 408-410 statements and tallies, delivery of 409 siqjplemental certificates in case of death or removal subsequent to nomination 403 statements and tallies, delivery of ^ .409 tallies, to whom directed 409 tie vote, how decided 412-413 time of holding, first Saturday in June, every second year 32, 52, 61, 81 vacancies among candidates at, after printing of ballots, how filled 406 vote, proclamation of result of, by inspectors 408 voting (hours of) 406 voters, qualifications of ' 404 voters, number of, allowed to witness canvass of vote at 408 INDEX. 1185 XAMES OF STREETS list of old 941-942 when unlawful to change 289 NAPTHA (See Oils) NAVIGATIOX (See Harbor Commissioners, Harbor Masters, Port Wardens) ordinances, relating to 915-918 Harbor Master, duties of, respecting 199-200, 917-918 land taken for improvement of 197 obstructions to, removal of by Port Wardens. 197 obstructions of, by vessels at anchor 915, 916 NEGRO COXCERT license fee for exhibition of 959 NECROINIANCY (Exhibition of) license fee, for 959 NE\Y CASTLE COUNTY property of, exempt from taxation 83 NEW JERSEY MARKET (See Curb Stone Market, Markets) Council may establish and regulate 154 days and hours for 820 limits of 819 regulations for 820 space allowed in 820 Avho to use 820 NEWSPAPERS, &c. with indecent words therein, prohibited 762 NIGHT SOIL (See Cesspools, Excavators) license to excavators 779 regiilations for removal of 779 NINETEENTH STREET com'se of, changed 258 width of, changed 258 1186 INDEX. NINTH STREET (See Wood Street) no railway or railroad track to be laid on part of 508 part of, Avideiied 948 NINTH WARD limits of, extended 24 NOISES loud and offensive, prohibited 762 unnecessary, caused by street railway cars, unlawful 1029-1030 NON-RESIDENTS taxes of, how collected 98-99 NUISANCES anchoring of vessels in Christiana 915, 917 alleys, powers of Board of Health as to 143 ashes, garbage, &e., placed in alleys , 776 ashes, garbage, &c., placed in streets, are 758, 773, 999 Board of Health may abate and remove 138, 143, "71 burials at less than a certain depth 805 cellars that have water in them, are 788 cellars that are offensive 788 cesspools or wells, not water tight within 150 feet of Brandy wine Ci-eek 980 Council may define and remove 55 cruelty to animals 972 dead bodies, disinterment and removal of 785, 792 discharging ballast into the Christiana or Brandywine 916 draining water or noisome matter upon premises of another. .. .774 establishments for opium smoking . 767 fireworks which are kept, given away, sold or fired off 964. 965 geese at large, (See 745) 747 gutters that are obstructed 788 hand bills, circulars, &c., on steps, porches, sidewalks or streets. .994 hog pens in filthy state '. 776 hog pens, within 50 feet of a dwelling house, declared to be 766 horses and other animals at large 747 horses hitched to trees 969 houses of ill fame or assignation 536, 759 indieeent or disorderly conduct on streets 762 liens for abating 139 lottery policy offices 970 lounging on sidewalk 761 night soil, deposits of 779 INDEX. 1187 NUISAXCES— (Continued) obstruction to navigation, when declared to be 915 obscene pictures, posting of , 702 offensive premises 774 offensive trades 775-776 oils of a certain kind which are mixed or kept for sale .588 ordinances, relating to 742-7G9 oyster cellars which are offensive 776 penalty for refusing to abate 771-772 petroleum or other oils, stored away, when 966 jjort wardens to abate, when 190 privj'i wells', powers of Board of Health as to 141 privy wells in cellars 786 privy wells cleaned in July and August without a permit 788 privy wells that are overfull and offensive 777 proceedings' against, when property right claimed 48-49 public lamps, obstruction of light of 96S sidewalks which are defective 100(3-1007 signs, awnings, bulk wandows, &e., when 760. 1015, lOlQ signs, show bills and advertisements on trees or poles 994 skins in offensive state 773 slaughter houses (noisome) 775 slaughter houses, erection of 774-775 slaughter house contents, &c., which are cast into streets 773 slaughter houses, violations respecting regulations of 789 stallions, exhibited upon the streets or alleys of the City de- clared to be 520, 749 in streets to be abated by Board of Health 143 street railway cars making unnecessary noises in operation 1029-1030 swine at large 764 tar, manufacture or boiling of 966-967 tippling or disorderly houses, are 749-750 unlawful occupation of street by owner of carriage, &c 953 unlicensed shows, &c 751 water in cellars (stagnant) 773, 788 water in excavations (stagnant) 774 weeds on vacant lots, are 786 wheelbarrows on sidewalk 763 XUIMBERS of houses, system of 578-583 when unlawful to change 2S9 NURSES to report births 109. 794 1188 INDEX. o OATHS OF OFFICE (See Titles of Respective Offices) committee on bonds, duties of, respecting 612-613 for "public officers" (See Title, "Constitution of Delaware") form of, and by whom administered 31-32, 613 of sellers of meat in farmers' and truckers' market 152-153 OBLIGATIONS (See Bonds) of City, not to be impaired, &c 145 OBSCENE POSTERS pi'ohibited in public, and i-emoval of 762 OBSCENITY in words, pictures, posters, &c., prohibited 762 OBSTRUCTIONS of gutters, prohibited 788 responsibility for damages by 124 on sidewalks, prohibited 743, 1001, 1020, 1021, 1023 on streets, prohibited 744, 1001, 1020 OFFAL (See Ashes, Garbage) placing of, in sewers, prohibited 1053 placing of, in streets, prohibited 758, 823, 999 OFFENSIVE TRADES exercise of, a common nuisance 775-776 penalty for carrying on, Avithout consent of Mayor and Council. .772 OFFICES vacancies in, how filled, in general 35, 607 OFFICE HOURS of Auditor 571 Bailiff of Council 577 Treasurer 576 OFFICERS (See City Officers) OFFICIAL BONDS (See Titles of Respective Officials) INDEX. 1189 OFFICIAL OATH (See Oath of Office and Title, "Constitution of Dela- ware." OILS (See Inspector of Oils) appoitment of inspector of 157, 588 duties of State chemist, as to 550-551 fee for inspection of 551 inspection and regulation of sale of 588-591 high constable, -when duty of to inspect premises, containing. . .966 penalties for violations of ordfnance relating to 588,589,591 reports of inspection of 590 returns of wholesale dealers in 590 sales of certain kinds of, prohibited 549 seals on barrels, containing 589 test of 550 regulations of storing of 966 uninspected, penalty for selling 589 who considered wholesale dealers in 590 OLD ACADEMY title to, vested in the City 523 OLD FERRY ROAD (See New Castle Avenue) vacation of 265 OLD KINGS ROAD vacation of 265 OLEO^NIARGARINE sale of, when prohibited 825 OPERA HOUSE (See Shows) fee for license for 959 OPIU]\I establishment for smoking of. prohibited 767 owners of, houses, when liable 708 penalty, for violating provisions of this ordinance 768 prosecutions for sale of, how brought 768, 769 sale or gift of. when unlawful 768 ORANGE STREET part of, vacated 264, 945 width of 934 1190 INDEX. ORDIXANCES appeals from judgmerits for violations of 49 appropriation 74-75 extraordinary appropriation 75 drafting of, by City Solicitor 574 copies of, to be furnished to Mayor 567, 568 duties of Clerk of Council, respecting ai)in-opriation 566,567 how passed 54, 57 l^leading of, resolutions need not set them out in full 145 printed copies of, and admissible in evidence 144 private, printing of 958 prosecutions for violations of, how brought 46 publication of 77, 614 violations of, how punished 40 how repealed 54 O^^^N'ER OF PREMISES when liable in damages, for hole in, or obstruction on sidewalk. .124 ORGANIZED IMILITIA OF DELAWARE City may make .appropriations to 548 OVERHEAD BRIDGES (See Bridges) OYSTER HOUSES regulations for removal of shells from 776 PAGEAXTRY (Exhibitions of) license fee for 959 PARENTS OF CHILD to report birth of child 109, 794 PARKS (See Public Parks) PARK COMMISSIONERS appointment of 169 appropriations to 170 bond of treasurer of 169 borrowing money for parks, may be recommended by 173 BrandyAvine Park, land may be bought by, for extension of. .981,982 INDEX. 1191 PARK COMMISSIOXERS— (Contimiecl) compensation, none paid to 169 composition of Board of IfiS creation of Board of 168 expenditures by 169 Gilpin avenue, powers of, respecting 256 jurisdiction of 172 organization and officers of 168 paving and curbing by 121-122 powers and duties of, as to purchase of land by 171 powers of, as to certain new territory 22 public parks to be under control of 170 exempt from taxation 170 removal of members of 173 reports of, to Council 173 special policemen may be appointed by 172 use of parks may be regulated by 172 A'acancies in Board of, how filled 169 PARK PLACE (See Haslet Street) PARK LANE name of, changed to Harrison street 1059 PARTY ^^lALLS duties of Building Inspector, resi^ecting 847-848 duties of surveyors and regulators, respecting, and also fences 133, 135 insufficient, removal and repair of 847-848 of stone 850 penalty for violation of regulations, respecting. : 135, 904 powers of Council, respecting ' 56 regulations of 133 PASTURE STREET (See Washington Street) name of, changed to Washington street 943 width of 934 PATROLMEN (See Policemen) appointment of, by Park Commissioners 172 appointment of, by Water Department 183-184 PAVING by abutting property owners 123 of alleys, by Board of Health 780 1192 INDEX. PAVING— ( Continued ) certificates for, to owners 12G-127 between curbs, how done and paid for 119 of footways, how done and paid for 119 liens for, may be cancelled by Street and Sewer Department, when 246 mode of, may be regulated by Street and Sewer Department. . . .123 by Park Commissioners 122 sale of property, for ^ 120 Street and Sewer Department may compel by abutting property owner 123 Street and Sewer Department, may do, itself 124 PAVEMENTS (See Sidewalks) PAY-ROLLS of City officers 016 duties of Clerk of Council, respecting 615-616 Council, resjDeeting 615-616 committees of Council, respecting 615-616 Treasurer, respecting 616 Finance Committee to endorse .616 fraudulent, penaltj' for making 616 of Street Department 613 system of, established 615 times of payment of 615 of Water Department .' 1079 PAWN BROKERS act to regulate business of 221 books, to whom, must be shown 221-222 books, to be furnished' by Police Department .221 to keep books as to goods pawned 221 penalty for violating provisions of the law 222 police officers have right to search building 222 PEACHES (See Fruit and Grain Market) PENS (See Hog Pens) PENALTIES informers to receive one-half of, when 963, 972, 976, 977 to be paid into City Treasury 144 Law and Order Society to receive one-half of, when 535-536 INDEX. 1193 PEXSIOX FUND (Police) how made up 219 investment of, how and by whom made 220 for police officers and matrons 217-220 matrons maj' participate in 220 Treasurer of City to be custodian of 219 PENNSYLVANIA AVENUE (See Kennett Road) steps and cellar doors on 1017 PERISIITS (See Licenses) for building 837, 839 for dead persons 785, 792, 795 for burials, how issued 109, 795 for deposit of building materials in streets 1001-1002 for digging up streets. 100-1, 1047 when refused 1048 to dig cesspool upon premises 127 for erection or repair of houses, may be refused until all taxes are paid 156 for paving or repairing sidewalks 1009 for seAver connections 241, 1047, 1048-1049, 1054 special, when granted by Street and Sewer Department. .. 1054-1055 rates to be charged for, for opening streets. 1005, 1006 for water, rescission of 1082 for water supply, application for 1083 for water supply, how issued ■. 1083 PETROLEUM (See OUs) PHILADELPHIA, WIL:MIXGT0N & BALTIMORE R. R. COMPANY Act authorizing lease of wharf to 523 contract with, as to Spruce street 257 land for overhead bridge may be acquired by 512 property of, what subject to taxation and exemption 523 overhead bridges may be built by 510-511 PHOENES FIRE COilPANY location of 628 PHYSICIANS (See Port Physician and Vaccine Physician) of police (See Police Physician) 216 to report births 794 to report deaths 109, 795 to rejjort their names and residences. 794 1194 INDEX. PIERS (See Harbor, Wharves) lines of 187-198, 201 PIGS (See Hogs) PIGEONS are "dumb animals" '. 972 PILES (See Harbor, Wharves) PINE STREET width and location of 9'41 PIPES for steam, to be underground in streets 130 in streets and sidewalks, regulations oi. .254, 519-520, 944, 1004, 1047 of Wilmington Coal Gas Company 519-520 taxes to be paid on 85, 86 PISTOLS firing of, prohibited 751, 964 PITCH (See Tar) PLACARDS ON HOUSES how long, to remain 787 Secretary of Board of Health may place, when 787 size of '. 787 penalty for removing ■ 787 PLANS duties of Chief Engineer and Surveyor, respecting. .. 105-106, 619-620 new streets not to be placed upon, when 935 PLATE taxation of, for public schools 91 PLOTS OF STREETS contiguous to City, how made for record 251 PLUMBERS (See Plumbing Inspector, Plumbing Rules and Regulations) application of, to Street and Sewer Department for license to fol- low occupation of plumbing 1038 INDEX. 1195 PLUMBERS— (Continued) what to state 1038 cesspools may be connected by, witli sewer 1054 deposit of $25 (and payment of $5) with Street and Sewer De- partment necessary for license to follow occupation of plumb- ing 1038, 1039 Street and Sewer Department may make use of deposit, when. .1040 license to, by Street and Sewer Department 1038 when forfeited 1053 licenses, system of may be adopted by Street and Sewer Depart- ment, as to 244 term of license of 1038. fees to be paid by, for testing 592 indemnity bonds may be required by Street and Sewer Depart- ment of all 130, 244, 1039, 1052 licensed plumbers only persons allowed to engage in the plumbing business 1038-1039 exception 1038-1039 name of, not to be used by another, when 1054 permits granted to, to open streets upon application made there- for 1047 plans, &c.. of work to be done by, to be submitted to Plumbing Inspector 1040-1041 Plumbing Inspector to be notified by, when work is ready for testing 1041, 1046, 1051 fine to be paid by, if not readj^ 1051 refusal to permit Plumbing Inspector to inspect work done by, will cause suspension or forfeiture of license 1053 registration of, with Plumbing Inspector upon receipt of license required 1040 removal by, of imperfect work 1046 Street and Sewer Department may regulate 155-156 subletting of work done by, not permitted without consent of Plumbing Inspector 1054 surety bond to be given by, to Street and Sewer Department, upon receipt of license 1039 character and conditions of the bond 1039 unlawful to open streets by, without permit 1053 PLUilBIXG DsSPECTOR (See Plumbers, Plumbing Rules and Regiilations) appointment of 1036 approval by, of plans filed by plumbers 1040-1041 bond of 1037 duties of, as to plumbing, &c 1037 1196 INDEX. PLUMBING IXSEPECTOR— (Continued) fees of, returned by tlie Street and Sewer Department to City (See 592) 60 Gas Inspector, duties of, to be discharged by 592 notice to. by plumbers when ready for tests 1041, 1040. 1051 oath of 1037 occupation of jilumbing not to be engaged in by, while 1037 penalty for failure by, to make inspections 1041 l^enalty for interfering with, in the discharge of the duties of his office 1037, 1053 removal of, from office 1036 registration of plumbers, &c., with 1040 salary of 1037 special permits. Street and Sewer Department may grant upon proof to 1055 term of office of 1036 tests to be made by : 1041, 1046 PLU]\IBIXG RULES AXD REGULATIONS (See Plumbers, Plumbing Inspector) air tests, when made 1046 anti-freezing hoppers may be used 1045 back filling 1050 cast or wrought iron pipes to be sound and free from holes, how laid, &c 1042 certificate of Plumbing Inspector that work has been properly done, when issued 1046 cesspools, when may be connected witli sewer 1054 when may be dug upon premises 127 connections not to be made with sewers, &c., without the permis- sion of the Street and Sewer Department 1053 drain, soil, waste, vent or supply pipes, how laid 1042, 1050 excavations not to be made until apj^lication has been made to Street and Sewer Department (See Excavations) 254, 1047 Avhat application to state, and conditions upon which granted 1048 excavations to have danger or signal light and be enclosed by the master plumljer 1052 excavations of sidewalk, how to be made 1051 allowed to be made upon condition that plumber will be liable for all accidents and damages 1052 fee for inspection of plumbing work 592 garbage, &c., not to be thrown or discharged in sewer. ... 1053-1054 improper work to be removed 1046 inspection of plumbing to be made by Plumbing Inspector 1053 INDEX. 1197 PLUMBING RULES AXD REGUK.\TIOXS— (Continued) (See Plumbers, Plumbing Inspector) inspection and testing of plumbing by Plumbing Inspector, when made 1041, 1046 houses, size of, for outside closets 1045 master licensed plumbers, only, allowed to make excavations . . 1046 exceptions as to certain public service corporations 1047 partnership drains not allowed unless permission be obtained from Street and Sewer Department 1050 penalty for violation of regulations of 1052, 1053, 1054 permit to be obtained before street can be opened 1053 special, when obtained 1054-1055 plans of work to be done to be filed with Plumbing Inspector 1040, 1041 private sewer connections, how made 1050 property not to be connected with sewers unless certain condi- tions be first complied with 1048-1049 public service corporations may make excavations in streets upon obtaining permit from the Street and Sew'er Department. .1047 rain water leaders not to be used as soil or waste pipes 1045 refrigerators not to be connected with waste or sewer pipes... 1044 registration of persons engaged in plumbing 1040 regulations concerning (See Act in General) sewer liens to be paid before connections can be made 1049 sidewalk not to be excavated until sewer permit has first been obtained 1051 sidewalk opened and taken up, to be replaced and kept in good condition for one year thereafter 1052 if not done. Street and Sewer Department may do work and deduct cost from plumber's deposit 1052, 1053 steam, exhaust, drip or blow off pipe not to be connected with sewer 1045. 1053 Street and Sewer Department has authority to make all needful 243, 244 time for connecting with sewers, when Board of Health has or- dered it done 1049 traps, how to be placed 1044 not allowed on vertical soil and Avaste pipes 1043 ' vertical soil, waste and vent pipes, of what material and how run 1043 water closets in yard, how to be flushed 1045 regulations as to, in unventilated rooms 1045 regulations of, as to connections with soil pipes 1041, 1043 regulations of, as to connections with sewer, vaults, or cesspools 1041-1042, 1050 1198 INDEX. PLUMBING RULES AND REGULATIONS— (Continued) (See Plumbers, Plumbing Inspector) water closets, urinals, sinks, basins, baths, &c.. how to be trapped 1044 POLES bills and signs i^rohibited from being posted on 633, 994 ordinances, of a certain kind respecting, omitted (See Preface) l>enalty for posting bills, signs, &e., on 994 penalty for injuring lamp posts 968 for protection of work, penalty for displacing 948 tax on, may be imposed by the City 84, 85, 86, 104 removal of, if tax be not paid 104 POLICE (See Constable, Policemen, Police Force, Police Commissioners) to assist Clerk of ]\Iarket, when 828 committee on 611 chairman of committee on, a member of trustees of pension fund. 219 special, in parks, powers of - 172 POLICE DEPARTMENT (See Police, Police Commissioners, Police Force) Acts, relating to 205-223 pay roll of 615 (see note as to omission of ordinances relating to) 648 POLICEMEN (See Constables, Police Force, PoUce Commissioners) appointment and removal of 209 badges, vnilawful use of by others, than 211 board of trustees of police pension fund includes five 219 compensation (additional) when may be paid 210 contracts of City, of certain kind, not to applj' to .548 duties of, as to animals 972 at elections 211. 298 at fires 637 as to foundtains 971 inspector of elections may require, to obey his orders under pen- enalty for not so doing 298 lottery policy offices and duty of, as to 970 notice to be given to, before retiring them 217-218 number of 209 officers of Board of Health 770 penalty for breach of duty, by 212 pensioned, when, may be 217, 220 physical examination required of, before being retired 218 political work of 211 INDEX. 1199 POLICEMEX (See Constables, Police Force, Police Commissioners)— (Contiiiiied) qualifications of 210 re-examination of, maj' be had by, after being retired, when 21S salaries of 210 saloons, not to be entered by ; 211 suspension and dismissal of 44, 212 POLICE FORCE (See Police, Policemen, Police Commissioners) appointment and equipment of 209 composition of 209 control of 205 increase of 209, 210 payment of exj^enses of 216 physician of 216 rules of 215 unlawful use of badges, uniforms and whistles of 211 POLICE COMjMISSIOXERS appointment of 206 apjDropriation to, by tlie Council 59 bond and oath of 206-207 books to be furnished to pawn-brokers, by 221 composition of Board of 205 contingent fund of 216 expenses of, how paid 216 fire alarm system to be controlled by 209 superintendent of, appointed by Commis- sioners 219, 600 janitor of Municipal Court, &c., appointed by 600 matrons to be appointed uj^ 215 may be removed by 215 members of board of trustees of police pension fund 218 moving picture shows, powers of, as to. . . ., 962 officers of 207 officers may be removed by 209, 212, 600 ordinances to remain in force until changed by 215 pensioning of police officers by 217 physician to be appointed by 216 l^olice force to be appointed and equipped by 209 powers and duties of 207-208 qualifications and removal of 206 removal of 206 removal of matrons by 215 salaries of 209 salaries cannot be increased by . i 210 1200 INDEX. POLICE COMMISSIONERS— ( Continued) secretary of 207 special officers for park, may be appointed by 211 successors in office of, how appointed 206 terms of office of 205 vacancies in Board of, how filled 206 POLICE :mATROXS (See Matrons, and Police Force) may participate in pension fund 220 number, appointment and duties of 215 POLICE PENSION FUND Avho to be board of trustees of 218 POLICE PHYSICIAN (See Police Force) appointment, qvialification and duties of 216 salary of 216 POLICE STATION appointment of janitor of 600 POLICY OFFICES (See Lottery Policy) POLL TAX assessment of, for city 88 for public schools 90-91 POLLUTION OF BRANDY WINE CTIEEK 980 POOL ROOMS AND TABLES City may license 553 POPLAR STREET width and location of 940 POPL-\R TREES planting of, prohibited 995 PORCHES regulations for erection of 859, 938 regulations of, on Gilpin avenue 256 regulations of, when pi'ojecting into street. .938, 1013, 1014, 1015, 1017 PORK (See Inspector of Meat, Meats) INDEX. 1201 PORT PHYSICIAX a member of Board of Health 137, 770 PORT WARDENS (See Harbor Commissioners and Wharves) application of proceeds of sale of removed materials by 192 compensation of 196 damaged vessels and cargoes, may be viewed bj' 196 disputes as to water fronts, to be settled by 195 election and terms of 193-194 election of master w^arden, to be by 194 expenses of, how jDaid 197-198 harbor master, to be nominated by 199 majority of, act 194 moorings of ships, may be regulated by 196 nomination of, by Board of Trade 194 notice of sale of removed material 192 oaths of 194 obstructions to navigation to be removed by 191 penalty for violations of regulations of 200 penalty for erecting wharves without license from 190 purchase of land, may be recommended by 196 regulations as to readjustment of wharf lines, may be waived by 188 removed materials may be sold by 192 suit for cost.? of abatements and removals, may be brought by. .192 return and plots of new wharf lines 198 salaries of engineers to be fixed by .■ 198 new^ wharf line may be made by 198 wharf licenses may be granted by 194 wharf nuisances may be abated by 190 vacancies in, how filled 194 POSSE COMITATUS when Mayor may summon, (doubtful) 67 POSTERS obscene or indecent, prohibited 702 when removed by Chief of Police 763 POST OFFICE buildings exempt from taxation 485, 486 POULTRY (See Inspector of Meat) unsound, sale of. prohibited 805, 806 1202 INDEX. P0\M3ER (See Gunpowder) PRECEPT issuance of, for paying and curbing 119 PREFACE iii PRESIDENT OF COUNCIL auctioneers' licenses to be signed by 954 bonds of assessors and collectors, to be approved by 102 bonds of engineers and sui'veyors to be approved by GIS bonds of garbage collectors, to be approved by 800 subpoenas to be signed by, in cases of contested elections 413 City map to be signed by 129 City officer 30, 52 election of 52 elections, duty of, respecting 410 manager of free library, a ' 525 Mayor pro tempore, when to act as 34 member of Board of Assessment, Revision and Appeals 80-81 member of Park Commissioners 1(58 money orders to be signed by 63 salary of r ' 08-69, 608 tax warrants to be signed by 92 vacancy in office of, how filled 35 PRICE'S RUN SEWER ordinance authorizing borrowing money for 739 PRIMARY ELECTIONS Act to provide for purity of 341-368 applies solelj' to New Castle County .368 .not to apply to election of delegates to State Convention. . .367 absent officer of, place filled how 342-343 appointment of officers of 343 of clerks of 346 of inspectors for Wilmington 348 manner of 343 of qualifier of officers of 346 time of 345 of watchft- at 363 ballot, the manner of electing at 342 ballot box for 359 description of 359 locked throughout election 360 position of, during election 360 INDEX. 1203 PRIMARY ELECTIONS— (Continued) Sheriff to provide and deliver 359 ballots, to be printed, &c., at least five (5) days before 367 to be printed bj- party's governing authority 367 names on, to be alphabetically arranged 367 manner of marking, to indicate elector's choice 367 not counted, when 367 to be received from voters taking prescribed oatli 364 rejected, if oath not taken when required 364 to be taicen separately from box at count 360 when counted, to be placed in another box 360 board of election officers to hold 342 how composed 342 candidates shall notify party's governing authoritj- of desire to be such 367 names of, for one office, printed under title of office. 367 certificates, blanks furnished by party's governing authority ... .362 delivery of, by inspector 361 filling and signing of, by officers 361 challenge by any member of party holding election 304 ballot received, when oath taken on 364 ballot rejected, if oath not taken on demand 304 decided by officers of election 364 illegal, a misdemeanor and punishable 364-365 oath of elector on 364 on, voter to stand aside until others vote 364 clerks of 346 appointment of 346 duties of 360 compensation of 365 Clerk of the Peace. "voting books" to be delivered to 355 original "voting books" for Wilmington to be delivered upon demand to Department of Elec- tions by 352 penalty for refusal, &c., to deliver by 359 comparison and correction of "voting books" of 349, 350 compensation of officers and clerks of 365 of qualifier of officers of 346 by whom paid 346, 365 contests to be heard and decided by party's governing boad'd. . . .366 convention. City or count j', expenses of 368 State, act does not apply to 367 expense of 367 correction of errors in "voting books" of 350 Department of Elections (City) to make.. 350 inspector to make 350 120-1 INDEX. PRIMAHY ELECTIONS— (Continued) County Committee to furnish tally sheets, &c 362 expenses of' election of delegates to Citj' or County Convention paid by 3G8 expenses of election of delegates to State Convention paid by 367 failure of, to discharge duty, a misdemeanor 366 tie votes and contests to be decided by 366 Coimty, New Castle, Act applies solely to 368 definition of 341 delivery of "voting books" of. by Sheriff to registrar 348 by registrar to Sheriff 349 by Department of Elections (City) to inspector 349 by insjaector 355 by inspector to Department of Elections (City) 350 through Department of Elections (City) to Clerk of Peace 355 by Clerk of Peace to Department of Elections (City) 352 Department of Elections for Wilmington, duties of 348, 349, 350-352, 353, 362-363 (See Department of Elections, 329-341) penalty for neglect, &c., to deliver "voting books" by 359 description of ballot box for 359 "voting books" for .• 348, 349 poll books 362 division of Wilmington into election districts 351 duties of officers of 354, 360, 301, 364, 365 election officers, board of, to hold 342 how composed 342 election officers, jjowers of 365 removal of, &c 365 errors, correction of, in "voting books" of 350 expenses of, incident to a general election to be jjaid by Levy Court of county 365 incident to Wilmington city election to be paid by Mayor and Council of Wilmington 365 for election of delegates to State Convention to be paid by party's governing authority 367 for election of delegates to City or County Convention to be paid by party's governing authority 368 form of "voting books" of 348, 349 general election laws, offences against, are offences in 358 INDEX. 1205 PRIMARY ELECTIONS— (Continued) illegal voting or attempt to vote, &c., misdemeanors. .. .350, 357, 358 inspectors of 342, 343 oath of, and by whom administered 345, 346 vacancy in office of, how filled 344 duties of 349, 354, 355, 361 compensation of 365 penalty for dereliction of 354, 355 for Wilmington, how appointed 343 term of olfice of 343 inspectors of election for Wilmington 348 by whom appointed 348 when appointed 348 duties of 349, 350 term of certain, ended 351 instructions, printed, furnished by party's governing authority to officers of > 362 intoxicating liquor, forbidden in any place of election 359 election not to be held in place for sale of. . .358 drinking, & c, forbidden in election place .... 359 laws prohibiting sale of, on election days, not to apply to 368 penalty for violation of provisions concern- ing, at 359 judge of 342, 343 oath of, and by whom administered 345, 346 compensation of 365 for Wilmington, appointment 343 residence of 343 term of office of 343 Levy Court to pay expenses of, when 346, 365 Mayor and Council of Wilmington to pay expenses of, when 365 nominee, candidate receiving highest vote to be 366 ascertained and declared by party's governing author- ity 366 death, &c.. of. vacancy filled, how 366 notary public to administer oath to County Committee 366 notice of time and places for holding 342 nrtmber of votes, to be publicly proclaimed at closing of polls. . .360 to be announced, on request, to any when vot- ing 362 oath of officers of 345, 347 of clerks of .346 of County Committee in special case 366 of elector, when required by officers of 304 when challenged 364 of inspector in verifying voting books of 350 1206 INDEX. PRIMARY ELECTIONS— (Coiitiimed) of substitute, when officer removed 365 oaths, by whom administered 34G, 347, 365, 366 when and to whom delivered 346, 347, 365, 366 offences under general election laws offences under this Act.... 358 officers of qualifications of certain 343 oath of, and by whom administered 345, 346, 365 time of appointment of 345 term of office of 343 absent, manner of filling places of 342-343 penalty for neglect, &c., to serve as 344 have powers, &c., of county constable 365 may arrest any guilty of unhiwful conduct 365 compensation of 365 duties of 346, 354, 360, 361, 364, 365 removal of, for violation of provisions of this Act 365 penalty for neglect to serve as officer of 344 for failure to qualify as qualifier of 347 for stealing, &c., certain books. &e., of 351 for failure of inspector to perform certain duties ... 354, 355 for unlawfully excluding watcher from room 363 for unlawfully challenging elector 364-365 for receiving illegal vote 355 for refusing elector's vote unlawfully 355, 356 for illegal voting or attempt to vote 356, 357, 358 for offences under general election law applied to of- fences under this Act 358 for being inside of ropes except when voting 363 for violation of requirements concerning intoxicating liquor 359 for malfeasance of County Committee in certain cases.. 366 for neglect, &c., of Department of Elections to deliver "voting books" 359 for neglect, &c., of Clerk of Peace to deliver "voting books" 359 for neglect, &c., of Sheriff to deliver "voting books". .. .359 ignorance of usage, no defence to any, when 354 place for holding 358 not to be where intoxicating liquor is sold 35S poll books, described 362 polls, time for opening and closing, for 353 number of votes cast to be publicly proclaimed at closing of 360 powers of election officers of 365 primary election districts at 358 how formed and limitations of 358 INDEX. 1207 PRIMARY ELECTIONS— (ContimK'd ) appropriate names for 358 qiialitier of officers of 346 appointment of 340 duties and compensation of 346 penalty for failure to qualify as 347 qualified voters at . . .• 353, 354, 355 qualifications of electors under Act 354, 355 officers of 343 registers, to be delivered by Clerk of Peace to Department of Elections (City) 352 to Clerk of Peace by Department of Elections (City) 355 registrar, duties of 349 voters' names, &c., to be registered by 349 registration of electors for general election 348 removal of oflflcer violating provisions of this Act 365 A'acancy created by, how filled 365 oath of substitute on 365 revision of registration for city election 352 ropes or chains at election places at 363 jjersons forbidden -within, except to vote 363 penalty for violating provision concerning 363 result of canvass of votes to be publicly announced 361 Sheriff, duties of, in 348, 349, 359, 360, 361, 362 penalty for neglect of 359 tally sheets 360 blank, furnished by party's governing authority. .. .362 tie vote at, how decided 366 time of holding 342, 352 limitations 342 usage, ignorance of, no defence to penalties, when 354 vacancy in office, absent officer of 342-343 of inspectors, how filled 344 on removal for violation of provisions of this Act 365 voters, who entitled to vote at 353, 354, 355 voting, manner of 362 voting books of qualified voters for 348 description of 348, 349 Sheriff to deliver to registrar 348 registrar to deliver to Sherift" 349 Department of Elections (City) to deliver to inspector. .349 inspector to deliver to Department of Elections 350 registrar to enter voters' names, &c.. in 349 correction of errors in, by inspector 350 correction of errors in, by Department of Elections (City) 350 1208 INDEX. PEIMARY ELECTIONS— (Continued) comparison and coireetion of, by Department of Elections (City) 350-351 comparison and certification of 349. 350 verification of, by oath 350 Xew Castle County (outside of Wilmington) 348 Wilmington City . . / 349 delivery of, through Department of Elections to Clerk of Peace 355 original, to be delivered by Clerk of Peace to Department of Elections (City) 352 penalty for stealing, mutilating. &C., the 351 voters qualified, if names on 353 watcher, qualified elector may be 363 one may be named by each candidate 3G3 entitled to be in room 363 removal of. for cause, from room 3C3 unlawful removal of. misdemeanor 363 penalty for 363 PRINTING committee on, duties of 613, 614 of appropriation ordinance by Clerk of Council 77 delinquent list by Assessors and Collectors 99 financial statement by Council ." . 74 notice of assessment by Clerk of Council 89 l^rivate ordinances 958 statements of Treasurer and Auditor 987 PRISON CELLS (See High Constable, Police Commissioners) care of 71 PRISONERS expense of, how paid 71 to be kept in City prison 71 PRIVATE RIGHTS ordinances, respecting, omitted (See Preface) PRIVATE SEWERS provisions as to construction, acquisition and cleansing of 136 connections of, with others, how made 1050 exhaust i>ipes not to be connected with 1053 permission to connect with, &c., when necessary 1053 INDEX. 1209 PRIVATE SE\YERS— (Coiitiimed) plumbing system connecting water eloi^ets, &e., witli, shall l)e given two inspections 1045-104G regulations for the construction and use of 243-244 regulations of plinnbers as to 244 imlawful to connect cesspools with, when 1054 PRIVIES (See Cesspools) PROFANITY in public, prohibited 762 PROPOSALS (See Bids) PROSECUTIONS for violations of municipal laws, ordinances or regulations of City, in whose name brought 44-45 how brought and mode of trial 46 PROTECTION POLES in streets, penalty for displacing 948 PROSECUTIONS IN MUNICIPAL COURT how brought and tried 46 PROTHONOTARY OF SUPERIOR COURT to approve surety in recognizances in certiorari cases 48 PROVISIONS Council may provide for inspection of 56 PUBLIC ACT the charter of the City of \Yilmington. is a 146 PUBLIC BUILDINGS (See Committee on Public Buildings) foreign flags not to be displayed on, when 535 PUBLIC LAMPS committee on 611 penalty for lighting, extinguishing, injuring, &c 967-968 penalty for obstructing light from 968 refusal to remove or abate obstruction to liolit of 968 1210 INDEX. PUBLIC PARKS (See Park Commissioners) acts relating to 168-173 appropriations by Council for care of 170 bonds, issuance of, for 173, 464, 465, 468, 477. 713. 714, 718, 732 City may take land for 168, 171 control of, in Park Commissioners 169 exemption of, from taxation 170 intoxicating liquors, not allowed to be sold in 173 jurisdiction of Park Commissioners as to certain 22 meetings in 173 municipal jurisdiction over 172 paving and curbing in 121-122 purchase of land for 168, 171-173 regulations of use of 1095 rules and regulations for use of 172 special policemen in 172 streets, sewers, pipes, wires, &c., in 170 PUBLIC SER\aCE CORPOEATIOXS to file sworn statement with Clerk of Council 86-87 to pay tax on tracks, poles, wires, conduits, &c 84-87 taxes of, to be a lien as in other City taxes 86-87 PUBLIC SCHOOLS acts relating to 419-453 act relating to graded school facilities, not mandatory upon Board of Education in Wilmington ■ • • -1-19 appropriation by Council to Board of Public Education for . 59, 435, 437 how paid -13b assessors and collectors of taxes, duties of, as to making lists of children between ages of seven and fourteen , 443 duties of County Superintendent as to 443-444 penalty for non-compliance with above provisions 444 attendance officers, who are 442 powers and duties of 442-443 Auditor to examine and endorse as correct, all bills against Board of Education, before they are paid 433 ballot boxes, used at election for members of Board of Education. when to be opened 430 ballots for election of members of Board of Education, form of and how voted 425 Board of Public Education, composition of '. 419, 422 Board of Public Education, duties and powers of 419-420, 431 Board of Public JEducation in Wilmington to have full supervision of schools and school property 419-420 Board of Public Education in Wilmington, general powers of 431 INDEX. 1211 PUBLIC SCHOOLS— (Continued) Board of Public Education, not to have power to borrow money and create debts, except ordinary debts 433 Board of Education to have same powers in Wilmington as are vested in County Superintendent, as to truants. &c 445 Board of Canvass, duties of, &c., as to election for nieml)ers of Board of Education 430 Bonds may be issued by Board of Education on its own credit for new school houses 451 candidates for office of member of Board of Public Education, how named 424-425 certificates of election for member of Board of E<]ucati()n, when and how made and by whom delivered , 430 challenge of females' right to vote, f onn of 426 challenging of voter, oath, perjury, &c., as to election of members of Board of Education 428 children between seven and fourteen years of age. to attend sclionl five months, annually 439-440 exceptions 440 violations of law, penalty therefor 441 City Solicitor is attorney for Board of Public Education in Wil- mington 437 compensation of election officers, for election of members of Board of Education 431 compensation of members of Board of Public Education 423 compulsory attendance of school children, (act relating to). .439-445 Constitution of Delaware to be taught and explained' to scliolars in all public schools •. 450 contracts, members of Board of Education not to be inteiosted in, concerning city, when 423 Councilmen cannot be members of Board of Education wliilo members of Council 427 department of elections, duties of, as to election of members of Board of Public Education 427 department of elections, duty of, as to book of registered voters at said election 429 dismissal of school teachers for cause, after hearing by P.oard of Education ; 420 ■ election of members of Board of Public Education, under what laws held 424 election and terms of members of Board of Public Education. . . .422 electors, qiialifications of, to vote for members of Board of Public Education 426 estimates of expenses submitted by Board of Education to Coun- cil in May of each year 432 exempt from jury duty, members of Board of Public Education. .423 exemptions from taxation, &c., all property of Board of Educa- 1212 INDEX. PUBLIC SCHOOLS— (Continued) tion, real and personal (See Art. lo, Sec. 3, Constitution) 437, 486-487 flag of the United States to be purchased by Board of Education and displayed on or near the school houses 450 graded school facilities of school children, Act relating to. .. .445-450 grades of schools to be established and changed by 420 ineligibility of members of Board of Education to ottice while members of Board 423 kindergartens may be established by Board of Public Education. .420 lands for school houses may be purchased, leased, &c., by Board of Public Education 421 lowest bidder to be awarded all contracts over one hundred dol- lars, by Board of Public Education 438 mixed schools not allowed 432 non-resident pupils may be admitted to the public schools in Wil- mington, when 432 oath of election officers holding elections for members of Board of Education 428 of challenged voters at election for members of Board of Education , 428 of challenged female voters at election for members of Board of Education 426 of member of Board of Public Education 423 organization of election offieers 428 officers of Board of Public Education 432 penalty for violation of election law 431 places of election for members of Board of Public Education, to be selected by Board of Public Education 427 plurality of votes necessary to elect members of Board of Edu- cation 426 Street Commissioner's duties as to truants 445 polls, when open for election for members of Board of Public Education 427 pupils, admission, suspension or expulsion of by Board of Public Education 421 qualifications of members of Board of Public Education 423 quorum of Board of Public Education 432 removal from office of member of Board of Public Education, for cause, after a hearing 424 removal of menrber of Board of Public Education, from ward in which he was elected, creates a vacancy 422 report of accounts, &c., of Board of Education to be printed in the public press and same presented to Council, wlien 433 returns of elections for members of Board of Education, to whom delivered 429 INDEX. 1213 PUBLIC SCHOOLS— (Contiimcd) rules and regulations nuiy be adopted' by Board of Public Edu- cation 421 salaries of officers, principal, teachers and enijjloyees of Board, to be paid by Board of Education 421 school buildings hereafter erected, regulations as to S81-8S2 secretarj- of Board of Public Education, appointment and term of ~ 421, 432 duty of, ill case of contagious disease. . . .783 school property to be vested in and controlled by the "Board of Public Education in Wilmington" 419, 420 State funds, how to be drawn by Board of Public Education. . . .436 study, courses of. to be adopted and moditied by Board of Public Education 420 Superintendent of Board of Public Education, appointment and term of 421 tax receipts, prima facie evidence of female electors right to vote for members of Board 426 teachers and superintendents, their qualifications, salaries, &C...420 time of election of members of Board of Public Education 427 title to certain school houses, in city 438 treasurer's duty, respecting funds received from Board of Public Education 434 truants from school and how treated 442 vacancies in office of members of Board of Public Education, how filled 422 voting for members of Board of Public Education, how done.... 425 Wilmington, a consolidated school district 419 Wilmington Institute to be paid a certain sum by Board of Pub- lic Education 437 Council to reimburse Board, said amount 437 women may become members of Board of Public Education, when 427 women may vote for members of Board of Public Education, when 426, 427 PUMPS Council may regulate and supervise (obsolete) 133 PUBLIC BATH HOUSES Water Department may construct 183 1214 INDEX. Q QUARANTINE (See Board of Health) powers of Board of Health to establish 780-787 QUARRIES to be enclosed 749 QUEEN. STREET (See Fifth Street) extension of 941 name of, changed to Fifth street 941-942 Avidth of 933 QUORUM of Council 54 of Board of Health 138, 770 of Board of Public Education 432 of Harbor Commissioners 187 RACKING of fire companies, prohibited 626 in streets, prohibited 745, 748 RAILROAD COJSIPANIES Acts relating to street railways 493-509 bells on locomotives to be rung by 755 Council's power, respecting tracks of, on streets (obsolete). .131-132 duties of conductors of, &c., as to fire hose 636 freight cars to be loaded and unloaded on tracks in City without delay 1028 gates at street crossings to be kejjt by 923 lookouts to precede locomotives of 755 lookouts to be kept at street crossings 755 ordinances and resolutions of a certain kind, respecting, omitted, (See Preface) regulations as to bringing dead bodies into the City by. .. .785, 792 speed of cars of, in City, not to exceed six miles per hour 754 street crossings not to be obstructed by 756 tracks of, prohibited on certain streets 256, 508, 509 inilawf ul ridins' on cars of 922 INDEX. 1215 RAGS in an offensive condition, a nnisance 773 RATES for sewer connections 233 for water supply 183 REAL ESTATE (See Registration of Real Estate) acts in relation to sales of 513-517 assessment of 83 ordinances respecting sales and leases of 924, 928 registration of 105-108 RECEIPTS AND EXPENDITURES OF MOXEY City Auditor to prepare a statement of expenditures 988 City Treasurer to prepare a statement of receipts 988 Clerk of Council to publish statements of 988 Council to publish statements of 74 failiu-e of officers to perform duties relating to 988 ordinances, relating to 986, 987 RECOGNIZANCES in cases of appeal from Municipal Court 49 certiorari to Municipal Court 48 RECORDS of births, deaths and marriages lOS-109, 794 of Coiuicil, by whom kept ' 566 RECORDER OF DEEDS duty of, respecting registration of real estate 105, 106 to record certain plots 252 certain duplicate maps to be filed with 201 REDEMPTION of impounded animals 747, 765, 976 of land sold for taxes 99 REED STREET part of, vacated 266 REFUGE FOR REFORMED WOMEN homes of, exempt from taxation 490 1216 INDEX. REGISTRAR OF DEATHS, BIRTHS AND MARRIAGES appointment of 108, 793 blank forms of a certain kind to be furnished by 795 books for registration of deaths, &c., to be kept by 796 burial permits to be issued by 109, 795 duties of 108, 793, 796 election of 108, 793 list of clergymen, physicians, midwives, &c., to be kept by 794 office hours of 794 permits to be issued by 792 permits must be obtained from, to remove dead bodies .785, 792 records of births, marriages and deaths to be kept by 109,793 removal of 108 reports of a certain kind to be made by 794 salary of 69, 608, 793 to have a seal 110, 796 REGISTRAR OF WATER appointment of 178, 1077 duties of, in general .• 1078 ferrules may be detached by 1080 notice of reseision of contracts, to be given by 1082 permits for water, to be issued by 1083 reports, by 1078 removal of 178, 1077 secretary of Board of Water Commissioners to be 177 term, salary and bond of 1077 time for payment of water rents to be advertised by 1085 wash paves, permission of, as to 1085 water rents, to be collected by 1081-1085 water rents, when to be refunded by 1082 REGISTRATIOlSr (See Registration of Real Estate, Registration of Voters) of clergymen, magistrates and midwives 794 of deaths, births and marriages 108, 793 of dogs, regulations for 975-976 of motor vehicles 554 of plumbers 155, 1040 REGISTRATION OF REAL ESTATE duties of Chief Engineer, respecting 105, 620 penalty for failure to make 107 provisions of law, respecting 105-108 INDEX. 1217 REGISTRATION OF VOTERS (See Elections and Titles Thereunder) •272-328 absence of inspector, &c., at. who to act 28G, 337 affidavit of notice of appeal from 313 affidavit of legal voter as to illegal registration at 308 hearing on and notice of same 30S of notice served on Registrar 313 age of applicant at, not to be entered on registers 320 entered on books of registered voters, in certain cases, 307, 32o alternate registrar, sitting, to have powers, &c., of registrar at.. 315 amendment of State Constitution, abolishing registration fee 327 appeal noted "yes" or "no" on books for 305 appeal from, or application for correction of, not heard on any registration day '^^"^ appeal from, to resident Associate Judge, or other Judge 311 appellant to give notice to registrar 311 time of hearing -'^H not allowed, in case of delay, when 313 decision of Judge final <^11 Attorney General to speedily prosecute violations of Act of 301 ballot box, location during 286, 287 ballot box, stealing or destroying of, at 300 book of registered voters, general entries in 307, 314, 325 entries made in, in applicant's pres- ence, when 307 book of certificates (blanks) for, prepared by Governor 325 books for, prepared by Governor 323 form, name and description of 323-325, 326 to be endorsed by registrars 326 books for. to be obtained from Clerk of Peace 322 delivered to inspector 322 delivered to Clerk of Peace 322 books for, delivered to registrars by Sheriff 325 books for, for special election 322 breach of peace, threats, assault, bribery, &c., at 298-299 bribery, &c., breach of peace 298-299, 306 challenge for, at 300 certificate of Department of Elections delivered to inspector .275, 276 certificate of removal 283 certificate given to registered voter 307 to registered voter removing from district 309 certificates appended to registers and lists 311 certificates (blanks) for, book of, prepared by Governor 325 challenge and cause of challenge at, noted on books for 305 challenged applicant refusing, &c., to take oath, disqualified. .. .307 person's oath noted on poll list 285 1218 INDEX. REGISTRxlTIOX OF VOTERS (See Elections and Titles Thereunder) — (Continued) challengers, how appointed and removed 285 challenges, may be made by any qualified voter, when 284,308 change of number or name of street unlawful, when 289 City Surveyor to furnish map of City to Department, when 289 clerk of election and penalty for refusal to act 277 Clerk of Peace, registrar to deliver duplicate books to 316 duties of, to deliver books for registration 322 color of applicant at, entered in book of registered voters 307 not entered in registers 326 comparison of registration books made by officers, when 310 compensation of inspectors and clerks 277, 317 for revision of registration 277 of officers of election, and expenses 289 of registrar and assistant registrar 317 of alternate registrar 318 of Department of Elections 289 of others 289 when and how paid 277, 289, 318 constable to serve process 317 Constitution of State amended by abolishing fee for 327 correction of books for • 310-311 custodian of books for, is registrar 315 days, &c., for 302 Department of Elections, duties and powers of, as to 273, 301 to appoint place 273 to furnish room 273 to furnish all forms, oaths, &c 273 to dismiss or transfer officers and fill vacancies 274, 275, 332, 337 to employ clerks and assistants 274, 332, 337 to notify Attorney General* of viola- tions of Act 301 compensation of, as to registration 272-273 disobeying inspectors, and penalty therefor 298 disqualification of elector and cause of same noted on books at 304, 307, 308 disqualification of insane persons, &c 304 duties and powers of officers in 301, 302, 306, 312 of Department of Elections, as to registra- tion 273.301 electioneering or political discussions in polling place unlawful, and penalty 290 INDEX. 1219 REGISTEATIOX OF VOTERS (See Elections and Titles Thereunder) — (Continued) election inspectors, appointment, &e 274, 275, 332, 337 examined by Department as to qualifica- tions 275 oath of 275 election officers, who are ■. 287 may make canvass of election district 288 entries to be made on registers for 303,304,305,300,308,309,310 to be made, in certain cases, on order of Judge 314, 315 exi>enses for printing, &c., how and by whom paid 318 false canvass or entries by election officers, and penalty 294 false personation at, and penalty 290-291 fee for, abolished by amendment to Constitution, &c 327 fees for service of process as to 317 form of oath in challenge at, for bribery, &c 306-307 form of certificate 307 . forms furnished by Department of Elections for 273 fraudulent entries, omissions or changes in books of 319, 321 penalty for 319, 321 fraudulent registration, &c., and penalty .319-320 fraudulent voting 292 general, to ascertain qualified voters, under Constitution 301 Governor to have books for, prepared 323, 326 to deliver books for, to Sheriff 325-326 impersonation at, and penalty 290-291 at election 292 penalty for violation 293 insane persons, &c., disqualified 304 inspectors required to serve but one term 276, 287 removal of 276 appointed by Department of Elections 275, 276 day after election deliver books to Clerk of Peace 284 failing to perform duty, and penalty 294 majority must concur 287. 300 Avilfully neglecting, &c., to serve, and penalty 299-300 wilfully, &c., putting in box a ballot not offered by qualified elector, and jienalty. . , 295-296 interference with 291, .320 intimidation, bribery, &c., and penalty 291,29^,293,320 intoxicating liquor forbidden at 290 318 penalty for violation of same 290, 318 place for sale of, not to be used for regis- tration 273 Judge, Resident Associate, to hear appeals, when, where, &c. 312-313 on appeal, to order entries made on books for 314 duties of, imposed on any Judge sitting 315 1220 INDEX. REGISTRATION OF VOTERS (See Elections and Titles Thereunder)— (Continued) last sitting, duty of registration officers^ as to 310-311 loss, &c., of books of, by registrar, and penalty -. 321 majority' decision of officers necessary at 287, 300, 310 penalty for violation 300 meeting of registrars, &c., for 303 misconduct of election officers, &c., and penalty 296 mutilation, &c., of books, printed lists, &c., and penalty 321 name, &c., of street, &c., may not be changed, when 289 names omitted, to be entered, when 310 nativity of applicant at, to be entered in ; . . .303 naturalization noted on books for 304 notices, when and how to be served 314 notices of places and time for holding 302 notice to registrar of application for correction of 314 notice of appeal from, to be served on registrar 311 affidavit that service was made 313- notice, when written required to be given, what sufficient 310 oath of voter removing from district 281 to be preserved' by inspectors 281 of inspectors 275 of applicant, when challenged for cause 306-307 conclusive evidence to officers 307 refusal to make, disqualifies applicant 307 if false, person making is guilty of perjury .... 307 on delayed appeal that delay was not to hinder, &c 313 oath, false, perjury 297, 307 oaths, forms, &c., furnished by Department of Elections 273 oaths may be administered by registrars 317 members of Department of Elec- tions 275 officers for, their duty . 301 majority to act 287, 300, 310. penalties (See Separate Subjects) 270, 290, 291, 293, 294, 295, 296, 297, 298, 300, 318, 319, 320, 321 perjury, to make false oath &c 297, 307 persons in military, &c., service, temporarily in State, not resi- . dents 304 places and time for 302 notice of same for holding registration 302 police officer disobeying Board of Inspectors, and penalty 298 political party having ticket, entitled to representative in room for 302 poll books, form and description 285 poll clerks, duty of 285 false entries by, and penalty 293-294 INDEX. 1221 REGISTRATION OF VOTERS (See Elections and Titles Thereunder)— (Continued) posting of printed lists of names on books of 308 postponement of registration of applicant at, in case of doubt. . .305 powers and duties of inspectors holding election 288, 31G process, how and by whom served 317 prosecution as to illegal votes, evidence may be given by accused to show honest belief, &c 301 prosecutions imder this Act, special duty of Attorney (icneral. . .301 qualifications for registration at 304 facts pertaining to, may be noted on books of registration 305 qualified voters, who are 304 who are not 304-305 quorum at sitting of officers for 310 registering more than once unlawfid 287, 290 registered voter, when applicant's name entered 304 entitled to certificate from registrar 307 registers, entries in 303, 304, 305, 300. 314. 323. 324, 325 to be signed by officers, when 306 registrar, alternate, appointment, term, &c 333 registrar and assistants, place and time of sitting of, for 302 to give public notice of same 302 Avhat persons admitted to room 302 manner of recording names 303-305 clothed with special powers 302, 31G-317 malfeasance, &c., of, and penalty 319 to give certificate to registered voter 307 to print and post alphabetical lists of registered voters. 308 to deliver one of each books to inspector on election day. 316 to keep other of each books safely 316 to deliver duplicates to Clerk of Peace 316 to take books to hearings on appeal and for correction. 315 to deliver books to alternate registrar 315-316 registration oificers, appointed by Department of Elections 333 keep books till election day, duty then. 315, 316 majority to act 310 removal of voter from district 280. 309 oath on removal 281 duty of inspector in case of 281 repeal of Acts for 322, 326, 327 residence of applicant for, to be entered 303 residence, certain persons not considered as acquiring 304 review by officers of any registration upon affidavit of a legal voter 308 entries on books upon decision after 308 1222 INDEX. REGISTRATION OF VOTERS (See Elections and Titles Thereunder)— (Continued) service of process 317 fees for 317 Sheriff to deliver to registrar books for 325 to serve process 317 signing of registration, by officers for 306 special election, registration for 321 stealing, or secreting, &c., any books, records, &c 296, 321 penalty for same 296, 321 abetting, and penalty 297 subornation of perjury 297 tampering with ballots and voters, and penalty 297 term of residence of applicant to be entered 304 voter's name, when entered as registered 304 when voting, entered in poll book 285 witnesses at, admitted to room for holding 302 limitations 302 may be ejected for disorderly behavior 302 witnesses, registrar may compel attendance of 317 REGISTRY CLERK OF DEPARTMENT OF ENGINEERING AND SURVEYING Council to appoint 001 qualifications and duties of 601 term of office and salary of 601, 602 vacancy in office of, filled by Council (appointee) 607 REGULATOR OF CITY CLOCK duties and salary of 598, 599, 609 REGULATORS (See Surveyors and Regulators) REGULATOR OF WEIGHTS AND MEASURES (See Clerk of the Market) of New Castle County, to inspect milk cans 552 RELIANCE FIRE CO:^IPANY location of 628 REMOVAL from office (See Titles of Respective Offices) by City officers from City 35 of members of Council, from their wards 35, 405 INDEX. 1223 RENTS (See Clerk of Market) collection of certain, by Auditor 570 income, receipts, &c., received by departments to be paid to the City Treasurer 59 certain exceptions as to payment thereof 59-GO REPAIRS to sidewalks by Street and Sewer Department. . . .122, 123, 1052-1053 lien for ; . . . 122, 124 of streets between tracks (See Street Railway Companies) 132 in case of excavations 1004, 1039 contractor not properly making, work to be done at his expense and same deducted from his deposit 1005, 1040 RESIDEXCE required of assessors and collectors 81 of City officers 31 of Mayor 31 of members of Council 30, 31, 53, 405 of voters at elections 303, 304, 404 RESIGXATIOXS of City officers 35, 607 RESOLUTIONS of Council, how recorded 568 of Street and Sewer Department 993-1071 RETURN OF FREEHOLDERS IN STREET CONDEMNATION PRO- CEEDINGS 112 REVENUE (See Shows, and Other Titles Relating to) from registration and licensing of motor vehicles 562 REVIEWS •in case of opening or widening of streets 112, 117 REVISION of assessments (See Board of Assessment, Revision and Appeals) RIDDLE'S ROAD part of, vacated 268 1224 INDEX. RIOTS in markets, suppression of 828 poAvers and duties of Mayor, respecting (doubtful) G7 RIVER DELAWARE (See Rivers) bulkhead lines, wharves and pier lines on 201 RIVERS (See Respective Titles) abutters on, exemjjt from sewer liens 243 bathing in, when 2>rohibited 753 Brandy wine, contamination of 980 discharging ballast into, prohibited '. 91G regulations of vessels in 915-918 Avharves, piers, and bulkhead lines, on Delaware and Chris- tiana 185. 188, 190, 201 ROADS (See Streets, and Also Respective Titles of Same) ROBINSOX STREET part of, vacated 1060 width and location of 262 ROCKFORD ROAD Act authorizing a sale of part of ^. .517 to be vacated, when 270 ROa^FORD TOWER City given authority to indemnify DuPoiit Company for use of l,ands near 545 RODMEN OF ENGINEERING AND SURVEYING DEPART:\IENT election of 605 salary of 602, 605 vacancy in office of, how filled (appointees) 607 ROLLER SKATING on sidewalks, unlawful 1021 ROOFS of wood, prohibited 854 ROPE DANCING prohibited, without a license ^ 751 INDEX. 1225 RUBBISH placing of, in streets, prohibited 998, 999, 1002 not to be mixed with ashes 998 where deposited for removal S94, 998 RUNS (See Water Courses) RURAL OR SUBURBAX REAL ESTATE how assessed 487 s SABBATH DAY assembling of minors on streets, on, prohibited 751 ST. MICHAEL'S DAY NURSERY may receive children under ten years of age, when .533, oSi SALARIES (See Titles of Respective Offices) compensation, in addition to, not allowed 70-71 list of . 08-69, G08-009 SALES (See Auctions, Sales of Real Estate) bogus, prohibited 524 of corn, regulations for 953 of ice, regulations for 953 for collection of taxes 97-98 liens for street assessments 110 paving and curbing 120. 121. 122 repairing sideAvalks ; 122, 124 sewers 242 SALES OF REAL ESTATE Acts, in relation to 513-517 ordinances, authorizing 924-928 sand lot. Act validating sales of 514 Eighth and Scott streets. Act authorizing, at 51(1 old Academ}^ lot, Act authorizing sale of 515 Twelfth and Orange streets, Act and ordinance autiiorizing. at. .513 Rockford road. Act authorizing sale of 517 SALOONS entry of, by policemen, M'hen unlawful 211 not to be used for registry or polling place, wiieu 273. 358 1226 INDEX. SAXD LOTS enclosure of, required 749 sale of 513, 514 SERGEANTS OF POLICE (See Police Force, Policemen) number of 209 . salary of 210 SECEETARY TO :\L\YOR AXD EXECUTIVE (XOW ADVISORY) BOARD appointment of 604 qualifications, duties and salary of 605 SECOXD ASSISTAXT ENGINEER OF SURVEYIXG DEPARTMENT salary of 602, 608 SCTIOOLS (See Public Schools) SCHOOL ASSESSMENT (See Assessments) SCHOOL HOUSES (See Public Schools) SCHOOL TAXES Council may fix amount of, to be raised 90-91 SEALS City may have common seal 28 of City, Mayor to have custody of 33 Mayor's office '. 35 Municipal Court and City Judge 50 Registrar of Deaths, &c 110, 796 on weights and measures 815 SEALER OF WEIGHTS AND MEASURES (See Clerk of the Market) SECOND STREET extension of 941 part of, vacated 265, 949 width of 934 SECRETARY OF THE BOARD OF HEALTH appointment of 108, 771 cesspools, list of to be kept by 778 duties of 138. 783 INDEX. 1227 SECRETARY OF THE BOARD OF HEALTH— (Continued) placards, may be placed on houses by, when 787 removal of 108 salary of COS, 771 SECRETARY OF BOARD OF TRUSTEES OF POLICE PENSION FUND '. 219 bond of 219 SECRETARY OF STATE map of Delaware River, filed in office of 201 SETTLEMENT WORK property used for, exempt from taxation 492 SEVENTH STREET (See Broad Street) extension of 933,941 SEVENTH WARD limits of, extended 21, 22, 20, 28 SEWERS (See Street and Sewer Department, and Plumbing Rules and Regula- tions) abutters to pay for 239-240, 243 application for permits for 1041, 1047, 1048 assessment for costs of 239, 240, 243 bids for materials for, publication, &c 234 Board of. Health may compel connections with 142-143, 1049 cesspools, how connected with 1054 unlawful on premises having sewer accommodations, when 127 condemnation of 137, 233 condemnation of property for 137, 228, 245 connections with 241, 243, 1041, 1048, 1049 Construction of 136-137, 238-239 contract for work on 234 control of 224, 228 cost of, how apportioned 239-240 cost of, how paid 13G-137 Council's former powers and duties, concerning 136-137 Street and Sewer Department in position for- merly occupied by Council 229 1228 INDEX. SEWERS— (Continued) (See Street and Sewer Department, and Plumbing Rules and Regula- tions) danger signals as to (See Danger Signals) duties of Chief Engineer of Sewers 1035 excavations for (See Excavations) exemptions from assessment for 240, 243, 486-487 garbage, &c., not to be placed in 1053 land exempt from assessment for •. .240, 243, 486-487 lien for cost of 241 to be paid before connection permitted. ..'...'. .1049 when may be cancelled by Street and Sewer De- partment 246-247 may be built within a mile of the City 245 ordinances relating to, remain in force, &c 230 ordinances authorizing issuance of bonds for. (See Bonds, "Sewers") permit for connecting with (See Permits) 1004. 1041, 1047. 1048, 1049, 1053, 1054 plans for 231 plans of, and duties of Chief Engineer, I'cspecting 619-622 private ,(See Private Sewers) 136, 137, 244 private, regulations of (See Private Sewers) 244 in public parks 170 rates for, how fixed 233 refrigerators not to be connected with 1044 regulations for use of 243 regulations as to plumbers in regard to 244 regulations of connections w'ith 243-244, 1049 regulation and maintenance of 136 regulation of construction and use of 243-244 release for damages caused by connecting with 241 sale of land for assessment vmpaid, when and how mad.e 242 steam or exhaust jjipes not to be connected with, when 1045 water closets connected with, regulations of 1041, 1043 SHEEP (See Animals, Cattle and Inspector of Meats) at large in streets, prohibited 745, 747 carcass of, when unlawful to sell 164-165 SHINNEY Inlaying of, in streets, prohibited 753 SHIPLEY RUIST changes of course of 908-914 size of culverts of 908 width of 909, 910, 911, 912, 914 INDEX. 1229 SHIPLEY STREET leasing- wharf at end of .• 920 Avidtli of 934 SHIPS (See Vessels) SHOP KEEPERS may exhibit goods on sidewalks 743, 823-824, 82G SHOWS Council may regulate 56, 522 fees for 522. 959-960 liability of owner of premises for unlicensed shows 960 licenses for, when required 959, 960 Maj^or to license 959, 960 penalty for having, without license 751, 959-960 Police Commissioners' powers as to certain 962 rules and regulations for certain, by whom made 961 SHRUBBERr (See Trees) SIDEWALIvS (See Streets) advertisements, hand-bills, waste paper, &c., casting on, a nui- sance 999 bicycles on, unlawful 995, 1023 board walks to be laid when sidewalk removed 906, 1001-1002 booths, stands, &c., on, imlawful 743. 823 booths, stands, &c., on, regulations of 823, 826 Building- Inspector to require laying of board walk, when 906 cellars in, how and when rented . 824 certificate as to paving of 126 to be kept clear for persons walking on 742. 1001, 1020, 1021, 1023 curb stone markets on (See Curb Stone Markets) danger signals at excavations on (See Danger Signals) decayed fruit and refuse, not to be thrown on 797, 825 defective, a nuisance 1006-1007 duties of Clerk of Market, as to 744 excavation in, regulations of (See Excavations) 944, 1006, 1007 exhibiting goods on, within certain limits 743, 823-824 garbage or offal not to be placed on 797, 825. 999 idling or congregating on, prohibited 761 indecent or disorderly conduct on 762 meat must not be cut on ^ 1026 obstructions on, what unlawful 743, 1001. 1020. 1021. 1023 paving of oy Street and Sewer Department 119, 123424 1230 INDEX. SIDEWALKS (See Streets)— (Continued) assessment and collection of cost of 119-120 by abutting owner 123-lOOS in public parks 122 penalty for riding or driving horses, wagons, &c., on 742-743 l^enalty for violating ordinance as' to paving or repairing 1009 Portland cement concrete to be used for paving 1008 regulations for signs, awnings, bay windows, &e., over. 7G0, 859, 1013 rejjairing of by Street and Sewer Dejiartment 123, 124, 1009 assessment and collection of cost of 120, 121, 122, 124 lien for cost of , 120, 121, 122, 124 repairing of, when to be done with Portland cement concrete. . .1009 repairs to, by plumber 1052 deposit used if not done 1053 roller skating on 1021 sliding, sledding and coasting on 1020 snow to be removed from 1018. 1019 spitting on, unlawful 764, 1000 unlawful to injure grass, trees or plants on unpaved spaces of 995-996, 1007 vendues upon 743 wheelbarrows and hand carts on 757, 763 wires over 954 SIDINGS regulations for construction and removal of 132 ordinances. &c.. authorizing, omitted (See Preface) SIGNS over sidewalk, regulations of 760 obstructions of light by, when prohibited 9G8 on poles and trees, unlawful 633, 994 SINIvING FUND (See Bonds, Sinking Fund Commissioners) Act not to extend or increase bonded debt of City 457 acts relating to ; 454-484 not to be impaired by 145 interest on, when to cease 456 interest on, rate of, how fixed 458 new issue of 459 ordinances relating to, and City debt 650-739 plan of, established 454-455 extended . ! 458, 459 rxDEx. 1231 SINKING FUND C0]\BiISS10XEES (See Sinking Fund, Bonds) approjjriation to 4.5o bond of 457 cancellation of bonds, hx '. 457 election, term, and qualifications of 456 rate of interest on bonds to be fixed by 458 records of 457 not to receive salary 456 certain moneys from sale of sand lot, to be paid to 514 proceeds of certain sales to be received by 928 vacancy in office of, how filled G07 SIXTH STREET (See Hanover Street) SIXTEENTH STREET (See Mill Street) part of, removed from plan or map of City 1064 part of, vacated 266 sinxs in an ofl'ensive state, a nuisance 773 SLAUGHTERHOUSES erection of unlawful 774, 789 inspection of by Board of Health 775, 790 executive officers of Board of Health 776 Inspector of Meats 807 permitting contents of to run into street, prohibited 773 refuse from not to be thrown in sewers 1053 regulations for those existing 775, 789 SLEDDING OR COASTING on sidewalks, prohibited 1020 on streets, prohibited '. 1020 SLEIGHS standing of, in streets, prohibited 744 SLEIGHT OF HAND (Exhibition of) license fee, for 959 SLIDING on sidewalks, unlawful 1020 1232 INDEX. SLUICE ^YAYS when lawful 193 when unlawful 189 SMALL POX (See Contagious Diseases, Quarantine) burial of bodies of persons dying with small pox, &e. . . .785, 786, 792 physicians to report eases of 783 regulations, respecting 785 regulations for persons diseased .783-784 SXOW penalty for not removing 1020 removal of from sidewalks, by whom to be done 1018, 1019 SOLICITOR appearance in Courts for City by 573 appointment of 66 approval of bonds by, before being executed by the City 573 Assistant City Solicitor may be appointed and removed by 66 a City officer 30 to collect unpaid balance due from assessors, &c 101 drafts all legal papers for City and gives opinions when called upon to do so ■ • • • 572 draws bonds of contractors, engaged in City work 980 duties of G6-07, 572-574 duty of, respecting certificate of assessors and collectors 98 duty of, respecting collection of taxes 98, 99 examines titles for City 573 extra compensation to, when 574 fees of, in Municipal Court 46, 52 fees for legal services, not to be paid without approval of 67 legal adviser of Board of Education .437 legal adviser of City 67 ordinances, prepared by 574 powers of, as to Municipal Court 66 prosecutor in ]Municipal Covirt 46 qualifications of • 66 reports made to City Council by 574 salary of 66, 68, 574 stenographer and typewriter may be employed by 606 term of office of 66 SPEAKMAN STREET part of removed from plan or map of City 1063 INDEX. 1233 SPECIAL CALLS BY CHIEF ENGIXEEE OF THE FIRE DEPART- MENT 642 SPECIAL POLICE appointment of, for public parks 172, 211 appointment of, by Water Department 183-184 SPEED OF RAILROAD CARS 754 SPRINKLING OF STREETS by street railway companies 1026 penalty for neglect, by street railway companies as to 1027 SPITTING ON DOOR STEPS 762 on sidewalks or in public places, prohibited 764, 1000 definition of, and penalty for 764, 1000 SPRUCE STREET opening of part of, prohibited 257 parts of, vacated 257, 265, 1060 width, and location of 941 STABLES not to be erected within forty feet of adjoining property owner, when 903 offensive or noisome, prohibited 774, 788 throwing or running contents of, into streets, prohibited 773 STAGNANT WATER in cellars, prohibited 773, 788 removal of, by Board of Health 143 STALLIONS showing of. in streets, prohibited 520, 749 STALLS (See Stands) STANDS (See Carriage Stands) on sidewalks, prohibited 743, 823, 826 Avhen shop keepers may have, on streets 743, 824, 826 STATE AUDITOR to audit accounts of Wilmington Institute 525 1234 INDEX. STATE DETECTIVES Governor to appoint ICO how removed 161-162 term of office ; 160 salary, powers, duties and oath of office 101 STATE OF DELAWARE (See Title, "Constitution of Delaware") property of, exempt from taxation 83 standard of weights of, is that of City 814 STATE CHEMIST custodian of standard of weights of State 814 to make certain tests as to oils 550 STEAMBOATS (See Vessels) infected with disease 780 regulations as to carrying dead bodies by 785, 792 regulations as to speed of 918 STENOGRAPHER AXD TYPE\^TiITER FOR CITY SOLICITOR employment of 606 salary of 607 STEPS how to be erected 128, 256, 938, 1017 STIDHAJM STREET (See Fifteenth Street) extension of 941 name of, changed to Fifteenth street 941 STONES throwing of, in streets, prohibited 753 STOOPS how to be erected 128,938, 1017 STRAW (See Hay) sales of, from wagons, prohibited in streets 1012 STORAGE (See Auctioneers) STREETS abutter may pave (obsolete) 123 INDEX. 1235 STREETS— ( Continued ) abutting owners on certain, may permit sale of produce on 824 ancient, extension of ^*'- animals at large in, prohibited '-15, 1 4< Acts and ordinances authorizing bonds for (See Bonds, "Improve- ment of Streets") aqueducts and water pipes in 1 ' < area ways and cellar ways in lOlG, 101 1 ascents and descents of, ordinance regulating the 129, 935 ashes, offal, &c., not to be thrown into 758, 999 awnings, signs, bulk windows, &c., on, regulations of .7G0, 1013, 1015 bay windows, &c., projecting into 7G0, 1013 Board of Health may order paving of 780 bonfires and fireworks, in, prohibited 751 booths, stands, &c., in, when allowed and where prohibited 743, 823, 824, 826 boundary, centre line of, Avhen 74, 81-82 bread, foreign fruit, &c., on, unlawful except 826 building materials in 1001 cellar renters may have stands on, when 824 centre line of, boundary, when 74, 81-82 centre stones in m City map, must conform to 129 coasting and sledding on, prohibited 1020 condemnation of land for 111-117, 253 contracts for work on 234 Councirs former duties, respecting 55, 56 curb stone markets on (See Curb Stone Market) curb stones of, regulations as to 123, 937-938, 1010, 1011 damages for taking lands for HI) 112, 113 danger signals on building material, in 1002, 1003-1052 danger signals at excavations, in 949, 950, 1052 dedication of land for ■ 250, 251 deeds for beds of, when may be accepted 935, 1018 deposits of building material in, when 1001 dirt, debris, &c., in, to be cleaned daily 1002 drivers on, duty as to fires 635 drivers on, to hold reins or be near to horses 746 drivers on, to keep to right hand side 745 drivers on, not to exceed a moderate gait 745 excavations in, regulations as to (See Excavations) 246,254 excavations, for water and gas pipes, &c., regulations for 130, 519, 520, 944 extending and widening of HI extending, widening and laying out of 112 fast driving on, prohibited 745 fences not to be allowed to encroach upon 934 1236 INDEX. STREETS— (Continued) fish not to be thrown into 823 flags, banners and bunting in and across, when allowed 761 flap wings and side awnings over 760, 1015-1016 fruit that is decayed, and refuse, must not be thrown into . . . 824-825 fruit that is diseased or unripe, not to be sold on 808 garbage and refuse not to be thrown in. 758, 797, 798, 804, 823, 825, 999 gates at crossings of, by railroads, when required 923 gutters in, not to be obstructed 788, 823 gutters, regulations as to 224, 228, 229, 937 hay in wagons, not to be sold on 1012 impounding and sale of swine at large on 747, 765 indecent conduct and profanity on, prohibited 762 labels for name of 943 lands contiguous to City, how laid out on 250, 252 lands outside City, how laid out on 253, 254 loitering or congi-egating on, when prohibited 761 lookouts, &c., at crossings of, by railroads 755 masquerades on, regulations of 757, 758 meat must iiot be cut on sidewalks of 1026 money deposits required before digging up. 1004, 1005, 1039, 1040, 1053 minors not allowed to assemble on 751 motor vehicles on, regulations as to 554 mountebanks on, prohibited 826 names of, when unlawful to change 289 names of certain, changed 942 new, who to lay out 112 newspapers with indecent words, &c., in them, jjrohibited on 762 obstructions in, prohibited 744, 1020 obscene pictures posted on, prohibited 762 offensive matter must not be thrown or discharged into. .. .773, 823 opening of, &c., of 112, 228, 253 opening, payment of cost of (benefits) 115 ordinances anu rules relating to 230 owners of property one-half mile outside of city, may lay out. . .253 may change grade of, with consent of Street and Sewer Department 254 o^vners of property contiguous to City, may lay out 250 paving of, between curbs 119 paving of footways of 119 permits for digging up 1004, 1047, 1049 plans of (ancient) , adopted and confirmed 935, 940 plans for 230, 231, 619-622 plans of, duties of Chief Engineer, respecting 230, 619-622 plots of, contiguous to City, to be filed in the office of the Re- corder of Deeds 250 of what made 251 INDEX. 1237 STREETS— (Continued) when recorded, it amounts to dedication 251 IH'otection poles in, penalty for displacing 948 in public parks 170 racing in, prohibited 748 railroad cars standing across, jn-ohibited 750 railroad companies to put gates at crossings of, when 923 railways on 131 removal of certain, from map or plan of City. . .1001, 1004, 1008-1009 repairs to 1004-1005, 1039, 1040 repairs of, between railway tracks (See Street Railway Com- panies) 132 scrapings from, regulations of deposits of 780 sewers in, regulations as to 244,1004,1041,1047,1049,1051,1053 shinney, ball playing and throwing of stones in, prohibited 753 shojj keepers, &c., may exliibit goods on within four feet of the building line 743, 824, 820 small pox patients, at large upon, when prohibited 783, 784 si^rinkling of, by street railway companies, when to be done. . . .1020 stallions, not to be shown in 520, 749 steps and stoops, regulations as to 128, 938, 1017 Street and Server Department, has control of 224-237 swine at large on, prohibited 745, 747, 704 Tenth street to Eleventh street, distance between 942 tracks and sidings on 132 tracks prohibited on certain 250, 508, 509 turnpikes, when and how may be taken for public 118 underground pipes and wires in 130 vacation of, and roads 110, 204-206, 1064-1070 wagons, &c., standing in, prohibited 744 wharves leased at ends of (See Wharves) wheelbarrows, &c., on 703 width of, hereafter, to be forty feet 935 width of sidewalk of, fixed 937 width of certain, established 933, 935 width of, acts relating to 127-128 Wilmington Coal and Gas Company's rights in 519, 520 wires over 954 STREET CARS (See Wilmington City, Eighth Street, and Front and Union Railway Companies) blocking of, unnecessarily, not to be allowed 1027 conductors of, to stop cars upon apjiroach of fire apparatus 035 to be equipped with fenders and wheel guards 1024 1238 INDEX. STREET CARS— (Continued) (See Wilmington City, Eighth Street, and Front and Union Railway Companies) franchises of railway companies operating, that have not been used, recalled and annulled 1031 freight cars not to remain on track longer than necessary to load and unload 1028 niotormen of, not to obstruct or interfere with ambulances . 986, 1024 not allowed to remain on street when not in use 1029 penalty for failui'e of companies operating, to abate unnecessary and avoidable noises 1030 tracks for, required to be laid on certain streets 1032 forbidden on certain streets 256, 508, 509 unlimited consents for laying of tracks, revoked 1031 unnecessary and avoidable noises by, to be prohibited, and duty of Street Commissioner as to 1030 STREET COMMISSIONER (See Street and Sewer Department, and Streets) appointment of 230 ashes and household rubbish to be removed under supervision of (See p. 225) 998 Auditor's duties respecting 570 Building Inspector to perform certain duties, formerly performed by 581 certificate to Chief Engineer and Surveyor, to be issued by 1009 control of 230 danger signals in streets, duties of, as to 950 deposit, amount to be fixed and held by, in certain cases 1005 duties as to paving and curbing 119, 1009 duties of, generally 230 excavations, to report, as to 944 gunpowder, duties as to 964 hay, duties of, as to storing 752, 753 money deposits for tearing up street, when to be used by 1005 noises of an avoidable character made by street railway cars, duties of , as to 1030 nuisances in streets, to be abated by 143 obstructions to light of public lamps to be removed by 968 officer of Board of Health 770 pay roll, duties of, as to 615 permits for paving and repairing of sidewalks to be issued by. .1009 removal of 230 salary of 608 street scrapings, deposits of, by 786 tar in state of manufacture, duties of, as to 967 INDEX. 1239 STREET COMMISSIONER— (Continued) (See Street and Sewer Department, and Streets) telegi-apli wires, duties as to 954 term of office of 230 trees to be trimmed and removed by order of 995 trees, duties of, as to 995 STREET CROSSINGS obstruction of, by railroad companies, prohibited 756 railroad companies to jjut gates at 923 railroad lookouts to lie kept at 755 STREET AND SEWER DEPARTMENT accounts and books of 232 accounts of, to be examined by Council and Auditor 236 Act relating to 224-237 sewers and drains 238-248 applications for sewer permits to be granted by. 1004, 1047, 1048, 1049 appointment of Commissioners of 227 apportionment of cost of sewers to be made by 239 aj^propriation to, by Council 59, 231-232 assessments for sewers, powers and duties of 239, 240 none made by, when 243 ashes to be removed by 225 Auditor to examine bills of 235 bids for w-ork to be advertised for 234 bids for work for, how to be signed 234 bills for paving and curbing to be presented by 120 bonds of drain layers to be approved and filed by 1039 bonds of members of, form of 236 bookkeeper and assistant secretary, office of combined by 1034 cancellation of curb, paving and sewer liens may be made by, when 246 certificates for curbing and paving to be recorded by 126, 127 change of grade outside of Cfty, may be approved by 254 compensation of 228 condemnation of land by, powers of, as to 228 construction and use of sewers to be regulated by 243 contracts of, how let out by 234 cost of constructing sewers by, hoAV paid 239 Council, estimates prepared for, by 231 Council to determine amount necessary for 231 curb, powers of as to 119, 123, 1010 creation of 224 damages for land, &c., taken by 228, 246 deposit of moneys of 236 1240 INDEX. STEEET AND SEWER DEPARTMEXT— (Continued) deposit of moneys with 1004, 1005, 1039, 1053 deposits of building materials in streets unlawful without per- mission from 1001 disbursements by 236 drain layers to be licensed by 244, 1038, 1039 drain layers to be regulated by 244 estimates to be furnished to Council by 231 €xemf)tions from assessment of 240, 243, 486-487, 523, 526 fiscal year of, termination 1071 footways to be repaired by 123, 124 Gilpin avenue and changes that may be made in, by 255 house drainage and cesspools may be regulated and inspected by. 155 land may be sold for sewer liens by 242 lien of assessments by 241 market shed at Front and Church streets under the direct con- trol of 832 monej's of, unlawful use of , by 235 oath of members of 227 officers and agents may be employed and discharged by 232,233 officers and servants of 230, 1008, 1034 ordinances to remain in force until changed by 230 organization of 228 overhead bridges, powers and duties of, as to certain 510-512 paving liens to be collected by 120, 122 curbing and paving of footways to be under the direction of 119-123, 1009, 1010, 1011 permits for drains and sewer contracts to be issued by 1004. 1047, 1048, 1049 permits to be issued by, for deposits of building material in streets 1001 permits for privy vaults may be granted by 127 special when granted by. 1054-1055 plans for, by whom made and kept 230, 231 plots of land contiguous to City, may be approved by 250, 251 plumbers to be under regulation of 155 politics of members of 227 powers, duties and jurisdiction of 224-229 powers formerly possessed by Council now vested in 229 property may be pui"chased by 233 qualification of members of 227 removal of members of 227 rents, &c., except sewer liens, returned to City by 60 repairs to be made by, from deposit monej', when 1052-1053 rights of owners of land assessed by 241 rules may be made Ly 230 rules and penalties that may be imposed for breach of them. . . .244 INDEX. 1241 STREET AXD SEWER DEPARTilEXT— (Continued) rules and regulations to be printed by, and left in office 245 salaries of 228 sewers may be condemned by 233 sewer rates may be fixed by 233 sewers may be constructed hy 238-239 sewer liens may be collected by 242 sewer liens to be certified by 241 sewer liens and duties of, as to 241 sewer permits to be issued by 243 sewers within one mile of City may be built or acquired by 245 sewer rates to be fixed by 233, 239-240 sewer connections to be regulated by 241 small streams and land may be acquired by, amicably, otherwise by condemnation proceedings 246 small streams within one mile of City may be taken by, for sewers 245-240 statements of receipts and disbursements by, to committee of Council 236 Street Commissioner under control of 230 street railways and powers of , as to 494, 495, 498, 499, 503, 508 supervisors of, and their duties 1034 terms of office of members of 226 trees, and powers of, over 994, 995 turnpike, when and how may be taken for public street by 118 iniused street railway grants, forfeited by 1031 vacancies in, how filled 227 vacation of streets for overhead bridges, may be made by 512 violation of permits and powers and duties of, in such cases . . 1052-1054 Webb street and authority to lay sewer in 247 STREET RAILWAY CO^IPAXIES (See Titles of Respective Companies) to keep cars, &:c., in condition to avoid unnecessary noise 1030 to pay a certain tax on tracks, &c 84 sprinkling of streets, duty of, as to 1026 trades to be laid by, on certain streets 1032 not to be laid on certain streets 256, 508, 509 unlimited consent to, annulled 1031 unused franchises of, annulled 1031 STYLE AXD XAIME OF CITY 28 SUPERIX'TEX'DEXT OF FIRE ALARM SYSTEM appointment, duties and salary of 000-601 SUPERIXTEXDEXT OF PUBLIC SCHOOLS one of the managers of the Wilmington Institute 525 1242 INDEX. ^ SUPERINTENDENT OF WATER WORKS AND GAS COMPANY certain duties of, as to excavations 944 SUPERVISORS OF STREET AND SEWER DEPARTMENT districts of 1034 to investigate accidents and make daily reports 1034 SURETIES (See Indemnifying Bonds, and Official Bonds) of assessors and collectors, liability and powers of 83,94,102 members of Council, disqualified for GOT, 980 SURETY COMPANIES may execute bonds, &c., wh^en 532 certificate of Insurance Commissioner, what to show as to surety companies 533 SUPERIOR COURT FOR NEW CASTLE COUNTY to appoint commissioners to condemn land for street railway companies 496, 501, 506 SURVEYING cost of, in extending City limits, how paid 22 SURVEYING DEPARTMENT (See Engineering and Surveying Department) SURVEYORS AND REGULATORS (See Assistant Engineers and Surveyors) appeals from, to Council 133 appointment and term of 133 gutters to be laid out by 127 centre stones to be fixed by Ill duties of, as to contracts for grading, &c 622 erection of fences 135 party walls 133 oflScial bond of 618 vacancies in olfice of 607 SWALLOWS are "dumb animals" 972 INDEX. 1243 SWINE (See Animals, Hog Pens) at large, prohibited 56, 745, 764 impounding of 747, 765 notice to owner of 747, 765 regulations for construction of pens, for 765-766 sale of 747, 765 TABLE OF CASES xvii, xviii, xix, xx, xxi, xxii, xxiii, xxiv TABLE OF CONTEXTS vii, viii, ix, x, xi, xii, xiii TAR duty of Judge of Municipal Court to prevent manufacture and boiling of 967 heating of, when lawful 966-967 manufacturing and boiling of, prohibited 966-967 duty of Street Commissioner and constables as to 967 TATNALL STREET width of 934 part of, vacated 1065 TAVERNS (See Tippling Houses) TAXATION (See Exemption from Taxation, Taxes) TAXES abatement of 94 advertisement of list of persons and real estate in cases of un- paid 99 assessment and collection of 80-104 bills and receipts for 93 City bonds, exempt from 104 certificates of 99 Clerk of Council's duty, as to 567 Council cannot release or exempt persons from 103 distraint of goods and chattels for 97 deed of purchaser who buys land, for 98 electric light companies to pay certain 84-80 exemptions from (See Exemptions) exemptions from S3, 84, 103, 170, 487-492.^,523, 526 gas companies to pay certain 84-86 1244 INDEX. T AXE S— (Continued) heat, light and power companies to pay 86 horses, subject to 103, 929 how levied and collected on 929-930 how long collectible 83, 95, 9G liability for, when owner of jjroperty changed and no notice given 107 lien of 95-98 extension of 96 limitation of 95 transferred to fund in case of sale under execution pro- cess 96 minors' property liable for 97 non-residents' property liable for 97 owners, unknown, taxes collected from property of 98 public service corporations, to pay certain S4-86 park lands, exempt from 170 payments of collectors of 101 permit to erect or repair houses may be withheld until, paid. . . .156 poll, rate of 90, 91 property liable for 97, 98 rate within extended limits 21-27 rates, how fixed 90-91, 92 redemption of land sold for, time of, &c 99 sales for collection of 98 street railway companies to pay certain 84-86 telegraph companies to pay certain 84-86 telephone companies to pay certain 84-86 title of purchaser who buys lands sold for 98 water companies to pay certain 86 TAYLOR MORTGAGE bond for payment of 470-471, 684 TELEGRAPH POLES (See Poles) telegraph companies to pay tax on miles of street used for wires and poles 85 TELEGRAPH ^^^RES (See Wires) TELEPHONE POLES (See Poles) telejihone companies to pay tax on miles of streets used for w'ires and poles 85 INDEX. 1245 TENTH STREET (See Chestnut Street (Old) ) part of, vacated 2G4, 04G part of, removed from plan or map of City 1062 no railway or railroad company to lay track upon part of 509 ordinance for issuance of bonds for 716 TENANTS complaints from, as to water in cellar 773 digging of privy wells in cellars by, unlawful 786 duties of, as to removal of weeds 786 removal of snow 1019 privy vaults 789 goods of, liable for taxes of landlord 97 penalty for refusal of, to obey Board of Health 143 privy vaults may not be dug by, when 127 remedy of, against landlord 97 removal of, from unclean premises 784 THEATRES (See Shows) license fee for 522, 959 "THE MAYOR AND COUNCIL OF WILMINGTON" is corporate name or title of City 28 THIRD STREET extension of 941 leasing of wharf at end of 920 part of vacated 1060 width of 934 THIRTY- THIRD STREET jjart of, A^acated 1064 THIRTY-FOURTH STREET part of, vacated 1065, 1069 THIRTY-FIFTH STREET .part of, vacated 1065 THIRTY- SIXTH STREET name of, changed to Barrett street 1058 part of, vacated 1065 THORN STREET width of 934 1246 INDEX. TIE VOTE (See Votes) at elections for assessor and collector 82, 412, 413 at elections for Citj offices, generally 412-413 TIPPLIXG HOUSES definition of 750 penalty for keeping 749 TITLE corporate name or title of City 28 examinations of, by City Solicitor 573 to old Academy, Ninth ward, vested in City 523 to certain school houses, vested in City 438 sales of lands for collection of taxes 98 liens for repairing sidewalks 122. 124 paving and curbing liens 120 sewer liens 242 street liens 116 cost of abatement of harbor nuisances 190, 191 TORPEDOES (See Bombs) TOWNSENB STREET part of, vacated 265, 271 TREASURER bond of 62, 575 Building Inspector to pay over fees to 837 cash book to be kept by 576 City officer 30 Clerk of Market to pay over fees to, when 828-829 • clerk's salary 61 clerk may be appointed by 61 clerk may be discharged by 61 deposit of moneys by 63, 575 duties of 64 duties of, as to certain bonds 460, 475 election of 61 engineers of City Surveying Department to pay moneys to 621 illegal payments by, penalty for 63 money orders to be countersigned by 63, 575 office and office hours of 576 pay roll, duties of, as to 616 salary of 68, 608 sinking fund commissioners to receive payments from 928 INDEX. 1247 TREASURER— ( Conti nued ) Solicitor to be notified by, of unpaid balance due from assessors and collectors 101 statements to Council, by 63, 570 statements to be made and delivered to Clerk of Council, by. . . .988 penalty for failure so to do 988 term of office, of Gl A'acancy in office of, how filled 35 warrants for fees of witnesses in Municipal Court, paid by 50 warrants of Board of Public Education to be countersigned by. .434 warrants of Slreet and Sewer Department to be countedsigued by 236 warrants of Water Department to be countersigned by 183 TREASURER'S CLERK appointment and term of 61 removal of 61 salary of 61, 576, 608 salary of, may be increased by Council 61 TREES MtcMng horses to, unlawful 969 penalty for hitching horses to 969 impounding horses, unlawfully hitched to 969 penalty for obstructing public lamps by 968 in public parks, penalties for injury to 1095 penalty for injuries to 968-969, 1007 signs, advertisements and show bills on, unlawful 994 penalty for signs, as aforesaid 994 certain kind of, unlawful to plant 995 where may be planted 995 to be kept trimmed and removed, when 995 TURNPIKE when and how taken for public street 118 TWELFTH STREET (See Dickinson Street) Act, respecting part of 266 right to open part of, prohibited 266 TWELFTH WARD limits of, extended 28 TWENTIETH STREET width and course of, changed 258 1248 INDEX. TWENTY-FIRST STREET width and course of, changed 259 TWENTY-SECOND STREET width and course of, changed 260 TWENTY-THIRD STREET width and course of, changed ., 260-261 TWENTY'-FOURTH STREET part of, vacated 262 THREE-FOURTHS VOTE (See Votes) TWO-THIRDS VOTE (See Votes) u UNANIMOUS VOTE (See Votes) UNCOVERED OPENINGS in sidewalks, unlawful 1016 UNDERGROUND WIRES conduits for 80 powers of Council, respecting 130 UNDERTAKERS (See Burials) burial of dead bodies, duties of, as to 109 penalty for burial or removal of dead bodies without permit 110,796 permits for burials, to be obtained by 109, 795 UNION FIRE COilPANY location of 629, 647 made a member of the Fire Department 647 UNUSED STREET RAILWAY GRANTS on streets of City, recalled and annulled 1031 UNLIMITED CONSENTS OF STREET RAILWAY COMPANIES, REVOKED 1031 INDEX. 1249 UNITED STATES City officers required to take oath to support the Constitution of the 31 cession of laud to 486 public buildings of, exempt from taxation 83, 485, 486 UNPAVED- SPACES ON SIDEWALIvS unlawful to injure grass, plants or trees on 995-996, 1007 VACANCIES (See Titles of Different Offices) in elective offices of City, how filled, generally 35 in offices filled by apiJOintment of Council 607 in candidates for office, how filled 371-372, 406 in challengers at election ..285 in election officers, what constitutes 286 in poll ■ clerks 286 in offices as the result of tie vote (See Tie Vote) VACANT LOTS of City, abatement of nuisances on 143 of removal of weeds from 786 Street and Sewer Department may compel paving in front of. . . .123 no waste or refuse matter to be placed on 804 VACATION of certain streets 264-266, 1064-1070 of roads, notice of, required 110 of streets for overhead bridge 512 VACCINATION (See Vaccine Physicians) division of City into districts for pmposes of 790-791 gratuitous, regulations of 791 VACCINE PHYSICIANS (See Vaccination) appointment and duties of 791 office signs of 791 salary and reports of 791 vacancies in office of, how filled 792 VANDEVER AVENUE (See Marsh Road) establishment of 262 1250 INDEX. VAULTS (See Cesspools, Graves) VEAL (See Inspector of Meat, Meats) sale of J beloAY certain age, prohibited 805 VEHICLES (See Carriages, Wagons) duty of drivers of all, as to fires 635 regulations of speed of, on railroad 754 VENDUES. (See Auctions) on sidewalks, regulations of 743 VESSELS (See Quarantine) aground, exception as to' penalty 917 ballast from, must not be discharged in streams 916 damaged, view of Port Wardens of 196 dead bodies aboard vessels, regulations of 785 harbor master, duties of, respecting 917-918 infected with disease, removal of 780 regulations for mooring of 196, 915, 916 regulations of speed of 918 regulations of, at wharves, &c 916 VETO POWER OF ]\IAYOR as to ordinances passed by Council 57 as to borrowing money in excess of the funded debt 77, 78 ordinances to which, not applicable 78 VISITING COM]\IITTEES (See Board of Public Education) VOTERS (See Elections) registration of (See Registration of Voters) VOTES (See Elections, Tie Vote and Titles of Different Offices) for assessors and collectors 82 for borrowing money in case of calamity to City Hall or W^ater Works 80 for City Treasurer 61 for extraordinary appropriation ordinances 76 for Mayor 32 for members of Council 53, 405 for officers of Council 54 for ordinances 54, 57, 75 for President of Council 52 INDEX. 1251 VOTES (See Elections, Tie Vote and Titles of Different Offices)— (Con- tinued) tie votes, and power of Council to elect in such case 82,412-413 when aye and no vote required 54, 57, 65, 7G, 77, 614 majority vote siifficient 35,54,65,75,77,81,112,194,210 plurality vote sufficient to elect 32, 52, 61 three-fourths vote required 78, 80 two-thirds vote required 35, 57, 75, 76, 77, 78, 131, 171, 173, 176, 227, 434, 463, 629 unanimous vote required 180, 235 WAGONS coal, coke, &c., to be placed so as not to obstruct street railway cars 1028 duty of drivers of, and other vehicles as to fires 635 fee for weighing of 587 on grass jjlots, prohibited 995-996 limit of time allowed on narrow streets, with track on same. . . .1029 loading and unloading on streets with track on, how to be done 1028 sales of hay, &c., from, prohibited in streets 1012 on sidewalks, prohibited 742, 744 street cars, not unnecessarily to be blocked by 1027 in curb stone markets (See Curb Stone Markets) WALLS (See Building Regulations, Party Walls) powers of Council, respecting 56 WALNUT STREET wharf, leasing of 523, 920 width of 934 vacation of parts of 265-268, 949 WAEDS boundaries of 21, 22, 26, 68, 72-74 WAENER STREET a part of, removed from City plan or map 1068 WARRANTS (See Municipal Court) of Street and Sewer Department 236 for tax lists 92 1252 INDEX. WARRANTS (See Municipal Court)— (Continued) of Water Department 183 for witness fees in Municipal Court, to be made payable to the person entitled to 50 WASHINGTON FIRE COMPANY location of ". . . . 629 WASHINGTON STREET (Old) (See Fourteenth Street) extension of 941 name of, changed to Fourteenth street 941 WASHINGTON STREET (See Pasture Street) parts of, vacated 264, 946 WASH PAVES use of. at certain hours, the result of permission granted 1085 WASTE PAPER RECEPTACLES penalty of persons defacing same 997 WASTE PIPE OF REFRIGERATORS not to be connected directly with soil pipe or sewer 1044 WATER (See Water Department, Water Pipes, Water Service) cellars with, in, prohibited 773, 774 drainage of, on premises of another, prohibited 774 horse troughs, &c., regulations of, use of, in 1084 meters for, when to be used 1083, 1085, 1086 detector, when to be used 1083 powers and duties of Water Department as to supply of . . . .174, 183 private pipe for supply of 1083 regulations concerning supply and use of 1075-1088 rents for supply of, by whom collected 1081, 1085 sprinkling of streets with 1026, 1085 stagnant pools of, prohibited 771, 774 unlawful use of. penalty for 1079, 1080, 1082, 1085 wasting of, penalty for 1079, 1080 WATER CLOSETS (See Building Regulations, Plumbing Rules and Regulations, Sewers) WATER COMPANIES to pay certain taxes 86 INDEX. 1253 WATER DEPARTMENT appointment of Commissions of 175 appro2)riation to 59 application to, for permits for water, &c 1083, 108G Auditor to examine bills of 180, 1079 bonds of persons bidding for work of 179 bonds may be issued by, when 181 books and accounts of 178 Chief Engineer to report to 1076 Chief Engineer, term, salary and bond of 1075 duties of 1075- 107G, 1079, lOSO, 1087 collection of water rents by 1081, 1085 composition of 175 contracts of 179 contract with, for water, nature of 1082 contracts, rescission of 1082 creation of 174 enginemen of, duties of 1077 foreman of, duties of 1077 land may be acquired by 179, 522 land may be condemned by, for enlargement of water supply .... 522 malfeasance of members or officers of 181 oath of members of 176 officers and servants may be appointed and discharged by 178 ordinances may be changed and rules made by 177-178 organization of 176 patrol officers (two) may be appointed by 183-184 pay rolls of, Chief Engineer to make weekl}' 1079 powers and duties of 174, 177, 178, 183 pemiits, Tiow obtained from, for water 1083, 1086 plans, &e., made to, by Chief Engineer 1076 plumber to notify, when ready for inspection of pipe 1083-1084 public bath house may be constructed by 183 qualifications of members of 176 Registrar to report to 1078 appointment and removal of 178, 1077 duties and office hours of 1078-1079 term, salary and bond of 1077 regulations as to permits issued by 1079 removal of members of 176 rents, income, &c., of, paid monthly by, to Registrar 183 reports made to, by Chief Engineer 1076 revenue of 177 rules and regulations of 1075-1091 salaries of members of 177 secretary of . , 177 tariff of water rates by 1088-1091 1254 INDEX. WATER DEPARTMENT— (Continued) terms of members of 175 vacancies in, how filled 176 vacant houses, to be notified of 1086 wash paves, permission may be granted by, to iise 1085 water pipes may be laid by 177 water rates to be fixed by 183 water rights may be purchased by 182 water supply and water works, under control of 177 WATER FRONTS disputes respecting, how settled 195, 203 WATER METERS attachment of 1083, 1085, 1086 not registering 1088 not to be disconnected except 1087 where kept 1087 WATER PIPES (See Excavations) duties of Chief Engineer of water works, respecting 1075-1076 foreman of water works, respecting 1077 entry for inspection of 1080 excavations in streets for 1083 fire hydrants, duty as to 1080-1081, 1083, 1084 obstriiction of 1084 meters on 1085 penalty for introducing fixtures without a permit 1079 permits for connections for 1083 private, regulations of 1082 private, rescision of contracts for 1082 regulations of stop cocks for 1080, 1081 as to ferrules 1080 separate for each house 1080 tax for waste by and repairs to 1079, 1080 WATER RATES amount of, how fixed 183 collection of 177, 1081 exemption from, when 1086 payable, when 1081, 1085, 1088 penalties for non-payment of 1082, 1088 tariff of 1088-1091 INDEX. 1255 WATER RENTS (See Water Rates) WATER RIGHTS bonds for purchase of 463 purchase of 174; 181 WATER SUPPLY bonds for (See Bonds) condemnation of laud for enlargement of 522 WATER STREET sidewalks of, widened 937 parts of, vacated 264, 265, 1065 width of 128, 933 WATER TAX (See Water Rates) WATER ^\^TCH FIRE COIVIPANY location of 629, 642 reinstatement of 642 reincorporation and powers of 538 WATER WORIvS (See Water Supply) control and care of 177, 1075 extraordinary appropriation in case of injury to 80 penalties for injuties to 1081, 1084 WEBB STREET sewer in 247 WECCACOE FIRE CO]\IPAXY location of 629 WEEDS removal of, from vacant lots 786 ■ sidewalk covered with, a nuisance 1007 WEIGHING (See Weigh Master) duties of Weigh Master, respecting 586 fees for 587 penalty for unloading hay without weighing 588 1256 INDEX. WEIGH MASTERS appointment of, by Council 586 may appoint deputies 586 oath, duties and fees of 58G-587 WEIGHTS AND MEASURES condemnation of bl5 Council's powers respecting 56-57, 814 dry and liquid, regulations of 816 false, sales by, prohibited 815 fees, respecting 816, 817 regulations of, in sales of ice 953 corn meal 953 regulator of, Clerk of Market to be 816 regulator of (See Clerk of Market) sealer of (See Clerk of Market) sealing and stamping of 815 standard of, is that adopted by the State 814 WELLS (See Cesspools) powers of Coimcil to supervise (obsolete) 133 WEST DOCK STREET (See Dock Street) part of, vacated 267 WEST FOURTEENTH STREET part of, vacated '. 1063 WEST STREET extension of, prohibited 263 leasing wharf at end of 920 part of, vacated 263, 1065 width of 934 W^ST LIBERTY STREET part of, vacated 1069 ^\TIARF COMMISSIONERS salary of 609 WHARVES (See Harbor Commissioners and Port Wardens) erection of, without license 190 fronts of 195, 916 leases of 128, 919-920, 1033 INDEX. 1257 ^^'HARVES (See Harbor Commissioners and Port Wardens)— (Con- tinued) licenses to erect or extend 194 littoral proprietors on Delaware River, may own 202 lines of, Harbor Commissioners to fix 185 lines of (new) 198 lines of (present) 193 market shed at Front and Cliiireh streets 831-832 public nuisances, when 190 regulations of vessels at 196 regulation of construction of 188 regulations for leasing of 919-920 at foot of Church street, resolution respecting 1033 French street 920 Poplar street 920 Shipley street 920 Third and Fourth streets 920 Walnut street 920 West street 920 offensive matter, deposited on, prohibited 776 removal of oyster shells from 776 separate from main land not allowed 189 unlawful. Chancellor may enjoin erection of 191 Port Wardens may remove 191 at Walnut street, leasing 523 \^TIEELB ARROWS on sidewalks, regulations, respecting 757, 763 WILLING STREET vacation of 264 WILLOW LANE name of, changed to Franklin street 1059 WIKNIINGTOX (See Council and Respective Titles of Officers and Departments) bonds of, exempt from taxation 484 corporate name or title of 28 fiscal year of 74 Street and Sewer Department 1071 WILIMINGTON AND CHRISTIANA TURNPIKE (See Maryland Avenue) vacation of 265 1258 INDEX. ■V^^LMrN'GTON AVENUE part of, vacated 264 WILMINGTON OITY RAILWAY CO]\IPx\NY acts relating to 493-498 authorized to construct a railway 493 commencement of 493 charter perpetual 497-498 condemnation proceedings by 496-497 general powers of 494-497, 498 fare of, for one continuous ride not to exceed five cents 498 to pave and keep in repair, between tracks and three feet on each side 498 penalty for one obstructing or damaging property of 497 steam power, not to be used by, without consent of Ck)uncil (now Street and Sewer Department) 494 track or wires not to be laid without consent of duly authorized authorities of City or county 498 tracks, where to be laid 493 uot to be laid 256, 508, 509 WILMINGTON COAL GAS COMPANY acts relating to 519-520 WILMINGTON INSTITUTE (See Free Library, Young Men's Association for Mutual Improvement) appropriation to, for department of the blind 985 from Board of Public Education 437 Council may enter into contracts with 527, 985 exemption of, from taxation 526 Mayor requested to make contracts with 984 WILMINGTON ]\IALLEABLE IRON COMPANY act authorizing use of Buttonwood street by 209 WILMINGTON TURNPHvE part of, made public 256 WINDOWS bulk, &c., projecting over sidewalk, regulation of 760, 859, 1013 oriel and bay, regulation of projection of 859, 1013 ^\^RES of fire alarm system, penalty for damaging 633 INDEX. 1259 ^YIRES— (Contiuiied) in public parks, consent of Park Commissioners respecting 170 regulation of heights of 964 in streets, consent of City respecting (obsolete) 254 underground, powers of Council respecting (obsolete) 130 conduits for 86 WITNESSES attendance of, may be compelled by City Solicitor 66 Council 60-61 Mayor ^^ Municipal Court 39 registration officers 317 fees of, in INIunicipal Court 47, 50, 51 imclaimed fees of ^° WOMEN may vote at school elections 426 WOOD (See Corders and Measurers of Wood and Bark) Council may regulate cording of 56 regulations for cording and measuring of 584-586 on sidewalks, when prohibited 743 WOODEN BUILDINGS .See Frame Buildings) WOOD STREET (See Ninth Street) extension of 9^1 name of, changed to Ninth street 941-942 to Rodney street 1059 width of ' 933,934 width of sidewalks of 937 WOODDALE AVENUE part of, vacated 262 width and course of, changed 261 name of, changed to Van Buren street 1059 WOODLAWN AVENUE removing parts of, from plan or map of City 1062 ^\'RECKS removal of by port wardens 101 1260 INDEX. Y YARDS offensive or noisome, prohibited 774, 788 YELLOW FEVER (See Contagious Diseases) YOL'NG ]MEX'S ASSOCLITIOX FOR ilUTUAL BIPROVEMENT (See Free Library, Wilmington Institute) 527, 529, 530, 531 YOUNG WOMEN'S CHRISTL\N ASSOCIATION property of, exempt from taxation 491 z ZOOLOGICAL EXHIBITIONS license fee for 959 I tit. UrsllVUKMlY LltSKAKY This book is DUE on the last date stamped below L-9 !, '43(5203) 1545 Wilmington, Del. I^g. Ordinances » etc • 1910 The charter of the city of miming ton. ir JS 1546 A3 1910 hk OOA