Delaware General Assembly


CHAPTER 174 - NEWPORT

AN ACT TO AMEND CHAPTER 141, VOLUME 29, LAWS OF DELAWARE, BEING AN ACT ENTITLED, "AN ACT AUTHORIZING 'COMMISSIONERS OF NEWPORT' TO BORROW MONEY AND TO ISSUE BONDS TO SECURE THE PAYMENT THEREOF, FOR THE PURPOSE OF ESTABLISHING WATER WORKS, OR A SEWER SYSTEM, OR BOTH, AND TO CONTROL AND REGULATE THE SAME, WHEN SO ESTABLISHED," BY PROVIDING THAT CHARGES OR WATER RENTALS SHALL BE A LIEN ON REAL ESTATE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House of the General Assembly concurring therein):

Section 1. That Section 8 of Chapter 141, Volume 29, Laws of Delaware, being an Act entitled, "An Act authorizing 'Commissioners of Newport' to borrow money and to issue bonds to secure the payment thereof, for the purpose of establishing water works, or a sewer system, or both, and to control and regulate the same, when so established," be and the same is hereby amended by adding at the end of Section 8 the following words:

"All charges or rentals for water supply which may hereafter be made to the owner, tenant or occupant of any lands and tenements situate in the Town of Newport, shall constitute a prior lien on said lands and tenements for a period of ten years from the first day of January succeeding the assessment of said charges or water rentals and said lien shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or responsibility which the said lands and tenements may become charged with or liable to.

In case of the sale under execution process of any lands and tenements upon which such liens for water rentals shall exist, such liens shall be transferred to the fund arising from such sale in the hands of the officer making the same and the said real estate so sold shall be discharged therefrom."

Approved March 29, 1935.