CHAPTER 142 - THE CITY OF WILMINGTON

RELATIVE TO THE BOARD OF WATER COMMISSIONERS

AN ACT TO AMEND CHAPTER 205, VOLUME 17, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT TO ESTABLISH A BOARD OF WATER COMMISSIONERS FOR THE CITY OF WILMINGTON, AND FOR OTHER PURPOSES", BY PROVIDING THAT WATER RENTS 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 14 of Chapter 205, Volume 17, Laws of Delaware, being an Act entitled "AN ACT TO ESTABLISH A BOARD OF WATER COMMISSIONERS FOR THE CITY OF WILMINGTON, AND FOR OTHER PURPOSES", be and the same is hereby amended by adding at the end of said Section 14 the following words:

All water rents laid or imposed by the Board of Water Commissioners for the City of Wilmington remaining unpaid and in arrears for thirty days after they become due, shall be and constitute a lien upon the lands and premises of the owner to which the water was furnished, and such liens shall have preference and priority to all liens of recognizance, mortgage or judgment on such lands and premises created or suffered by said owner, although such other lien or liens shall be of a date prior to the time of the attaching of such lien for water rents.

In case of the sale under execution process of any lands and premises upon which such liens for water rents 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.

Section 2. That the lien for water rents shall remain a lien for the period of five years and no longer, from the expiration of thirty days after said water rents became due and payable.

SECTION 3. The Board of Water Commissioners for the City of Wilmington in collecting water rents out of real estate upon which there is a lien under the provisions of this Chapter, shall proceed in the manner now by law prescribed for the collection of taxes out of real estate by The Mayor and Council of Wilmington, a municipal corporation of the State of Delaware.

Approved March 14, 1941.