CHAPTER 104

NEWARK - CHANGING PROVISION REGARDING PUBLICATION OF NOTICE OF SALE

AN ACT TO AMEND AN ACT ENTITLED, "AN ACT AUTHORIZING THE CONSTRUCTION OF SEWERS IN THE TOWN OF NEWARK, DELAWARE", BEING CHAPTER 118, VOLUME 35, LAWS OF DELAWARE, BY CHANGING THE PROVISION REGARDING PUBLICATION OF NOTICE OF SALE.

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 thereof concurring therein):

Section 1. That Section 9, Chapter 118, Volume 35, Laws of Delaware, be and the same is hereby amended by striking out and repealing all of Section 9 of said Chapter, and substituting and enacting in lieu thereof a new Section to be known as Section 9, as follows:

Section 9. In all cases where the property owner does not elect to pay in installments, or having elected to pay in installments, fails to pay the first installment within thirty days after the date of certifying the assessment to the Treasurer of "The Council of Newark", as aforesaid, he, she or it shall be held to have waived the right to pay in installments, and the entire assessment, together with accrued interest thereon from the date of certifying the same to the Treasurer of "The Council of Newark", as aforesaid, shall immediately thereafter become due and payable. If the property owner has not elected to pay in installments, and fails to pay his, her or its several assessments within thirty days after the date of certifying such assessments to "The Council of Newark", as aforesaid, or having elected to pay in installments fails to pay the first installment within thirty days after the date of certifying the same to the Treasurer of the Council of "The Council of Newark", as aforesaid, or makes default in the payment of any annual installment on the date when the same is due, or the accrued interest thereon, the whole of such assessment shall immediately become due and payable, and it shall be the duty of the Mayor of the Town of Newark, to issue his warrant, directed to the Council of "The Council of Newark", commanding it to levy the same, with the interest thereon accrued, and all costs thereon, upon the grounds, or the grounds and buildings of such owner abutting on such street, highway, lane or alley, as aforesaid, which such ground, or ground and buildings, or any part thereof, shall be sold by the said "The Council of Newark", at public auction, after ten days' notice in two newspapers published in New Castle County and State of Delaware, one of which newspapers shall be published in the Town of Newark aforesaid, unless no newspaper is published there, in which case the notice may be contained in any two newspapers published in New Castle County aforesaid, and a deed from the Council of "The Council of Newark" shall convey to the purchaser of such ground, or grounds and buildings, as full and complete a title to said premises, in fee simple or otherwise, as if the same were executed by the said owner thereof; and it shall be the duty of the said Council of "The Council of Newark", out of the purchase money of said ground, or grounds and buildings, as aforesaid, to pay the 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, if any, shall be deposited by the said "The Council of Newark" in some Bank or Trust Company in the Town of Newark, Delaware, to the credit of the owner or owners of the properties so sold, or the said Council of "The Council of Newark" may, at its option, proceed forthwith to collect such assessment or assessments, and the accrued interest thereon, in the manner now provided for the collection of delinquent taxes levied by the Council of "The Council of Newark", for town purposes, under an Act entitled "An Act to Reincorporate the Town of Newark", being Chapter 175, Volume 19, Laws of Delaware, and all Acts amendatory thereof and supplemental thereto, and under an Act entitled, "An Act to Provide for the Collection of Taxes levied and assessed on real property and persons within the Town of Newark, Delaware", being Chapter 419, Volume 22, Laws of Delaware, or any other Act now or hereafter enacted providing for the collection of taxes in the said Town of Newark.

Approved March 27, 1947.