CHAPTER 169 - CITIES AND TOWNS----LEWES

AN ACT TO AMEND CHAPTER 196, VOLUME 22, PART 1, LAWS OF DELAWARE, BEING AN ACT ENTITLED "AN ACT TO AUTHORIZE THE COMMISSIONERS OF LEWES TO APPOINT A BOARD OF PUBLIC WORKS FOR THE TOWN OF LEWES, WHICH SHALL ESTABLISH, CONTROL AND REGULATE AN ELECTRIC LIGHT PLANT, WATER WORKS AND A SEWER SYSTEM FOR SAID TOWN; PRESCRIBING THE POWERS AND DUTIES OF SAID BOARD AND PROVIDING FOR THE ELECTION OF THEIR SUCCESSORS", 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);

That Section 3, of Chapter 196, of Part 1, of Volume 22, Laws of Delaware, being an Act entitled "An Act To Authorize The Commissioners Of Lewes To Appoint A Board Of Public Works For The Town Of Lewes, Which Shall Establish, Control And Regulate An Electric Light Plant, Water Works And A Sewer System For Said Town; Prescribing The Powers And Duties Of Said Board And Providing For The Election Of Their Successors", be and the same is hereby amended by adding at the end of said Section 3 the following provisions which shall hereafter be known as "Section 3 (a)", "Section 3 (b)", and "Section 3 (e)", respectively:

Section 3 (a). All water rents laid or imposed by the Board of Public works for the town of Lewes 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 3 (b). That the lien for water rents shall remain a lien for the period of five years and no longer, from the expiration thirty days after said water rents become due and payable.

Section 3 (c). The Board of Public Works for the town of Lewes 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 or real estate by Commissioners of Lewes, a municipal corporation of the State of Delaware.

Approved April 21, 1941.