CHAPTER 119

AN ACT TO AMEND CHAPTER 149, VOLUME 29, LAWS OF DELAWARE, ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF CHESWOLD", AS AMENDED.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):

Section 1. Chapter 149, Volume 29, Laws of Delaware, being an Act entitled "An Act to Reincorporate the Town of Cheswold", as amended from time to time by various acts of the General Assembly is amended by adding thereto a new Section 2A to read:

Section 2A. In addition to the limits of the said Town of Cheswold as set forth in Section 2, the limits of said Town of Cheswold shall include all the lands and premises of Cheswold Volunteer Fire Company, a corporation of the State of Delaware, as such lands and premises were conveyed unto said Cheswold Volunteer Fire Company by deed of Harry Andrew Smith and Naomi R. Smith, his wife, dated October 22, 1962, and of record in the office of the Recorder of Deeds in and for Kent County, Delaware, in Deed Record A, Volume 23, at page 297, the said lands and premises are described in said deed as follows:

All that certain tract, piece or parcel of land and premises situated in Little Creek Hundred, Kent County and State of Delaware lying on the southerly side of the public highway leading from Bishop's Corner to Cheswold, the metes and bounds, course and distances whereof are as follows, to-wit:

BEGINNING at a point along the south line of the State Highway leading from Bishop's Corner to Cheswold, a corner for these lands and lands of the Methodist Church Parsonage at the northwest corner of the driveway leading into the lands and premises hereby conveyed; thence with the southern right of way line of the aforesaid highway north sixty-nine (69) degrees east six hundred eighty-eight (688) feet to a new corner now established for the lands hereby conveyed and lands now or formerly of Vaughn; thence by a new line now established separating the lands hereby conveyed from lands now or formerly of Vaughn, south eleven (11) degrees fifteen (15) minutes east three hundred (300) feet to another new corner now established; thence by another new line now established separating the lands hereby conveyed from lands now or formerly of said Vaughn, north sixty-nine (69) degrees east two hundred ten (210) feet to another corner for these lands and in line of lands of Smith Orchards Company; thence running with line of lands of said Smith Orchards Company south eleven (11) degrees fifteen (15) minutes east twenty-one hundred fifteen (2,115) feet to another corner for these lands and in line of lands of Edgar Farrow where a stone is set in an old hedge fence; thence with said Farrow lands the following courses and distances: north seventy-one (71) degrees thirty (30) minutes west three hundred forty-five (345) feet to a stone, north forty-seven (47) degrees thirty (30) minutes west five hundred twenty (520) feet, north eighty-four (84) degrees thirty (30) minutes west two hundred seventy-five (275) feet to a stone, south sixty (60) degrees west one hundred ninety-seven (197) feet to an iron post, a corner for these lands and in line of lands of the Delaware Railroad Company; thence with line of lands of said Railroad Company north twenty-three (23) degrees forty-five (45) minutes west thirteen hundred (1300) feet to a point in a deep ditch, a corner for these lands and in line of lands of Lewis Anderson; thence with said ditch and lands of said Anderson north eight (8) degrees thirty (30) minutes west one hundred fifty-two (152) feet to another corner for these lands and in line of lands of Delaware Power and Light Company; thence with line of lands of said Delaware Power and Light Company, lands of Norris L. Remley, lands of Bennett H. Emory, lands of George Anderson and lands of the Methodist Church Parsonage north sixty-nine (69) degrees east four hundred seventy-nine (479) feet to another corner for these lands and in line of lands of said Parsonage; thence with line of lands of said Parsonage and along the west side of the driveway leading into the lands and premises hereby conveyed north twenty-one (21) degrees west one hundred forty (140) feet to the southern right of way line of the aforesaid State Highway, the place of BEGINNING, and containing forty-six and five-tenths (46.5) acres of land, be the same more or less.

AND BEING all the same lands and premises conveyed unto the said Harry Andrew Smith and Naomi R. Smith, his wife, by deed of Abram F. Vaughn and Elizabeth A. Vaughn, his wife, bearing date the 13th day of September, 1944, of record in the office of the Recorder of Deeds of the State of Delaware in and for Kent County in Deed Record Book R, Volume 16, Page 280, EXPRESSLY EXCEPTING therefrom all that certain piece or parcel of land and premises heretofore conveyed by the said Harry Andrew Smith and Naomi R. Smith, his wife, to Raymond Morgan and Mary Virginia Morgan, his wife, by deed bearing date the 12th day of April, 1955, and more particularly described as follows, to-wit:

ALL that certain triangular piece or parcel of land and Premises situated in Little Creek Hundred, Kent County, State of Delaware, lying on the southerly side of the public highway leading from Bishop's Corner to Cheswold, bounded on the North by said public highway, on the East by lands of Elmer S. Strimel, on the Southwest by a ditch separating the lands hereby conveyed from other lands of the Grantors, the metes and bounds, courses and distances whereof are as follows, to-wit:

BEGINNING at a point in the southerly right of way line of the public highway leading from Bishop's Corner to Cheswold, a corner for these lands and for lands of Elmer S. Strimel; thence with said Strimel lands and south nine (9) degrees ten (10) minutes east a distance of two hundred one (201) feet to another corner in the center of a small ditch; thence by a new line now established and separating the lands hereby conveyed from other lands of the Grantors along and with the center line of a small ditch north fifty-four (54) degrees four (4) minutes west two hundred forty-one and four-tenths (241.4) feet to another corner in the center of said ditch and in the southerly line of the aforesaid public road; thence with the southerly right of way line of the aforesaid public road north Seventy (70) degrees fifty (50) minutes east one hundred seventy-three (173) feet to the place of BEGINNING and containing four-tenths (4/10) of an acre of land, be the same more or less.

AND FURTHER EXPRESSLY EXCEPTING therefrom, a certain easement, wherein the said Harry Andrew Smith and Naomi R. Smith, his wife, by deed dated February 6, 1961, of record in the office of the Recorder of Deeds aforesaid in Deed Record Book 0, Volume 22, Page 395, granted unto Delaware Power and Light Company a right of way agreement in relating to certain privileges for utility purposes.

AND FURTHER EXPRESSLY EXCEPTING therefrom, a certain easement, wherein the said Harry Andrew Smith and Naomi R. Smith, his wife, by deed dated July 20, 1962, of record in the office of the recorder of deeds aforesaid in deed record Book Z, Volume 22, Page 349, granted unto Delaware Power & Light Company a right of way agreement in relation to certain privileges for utility purposes.

Section 2. Chapter 149, Volume 29, Laws of Delaware, being an Act entitled "An Act to Reincorporate the Town of Cheswold", as amended from time to time by various acts of the General Assembly, is amended by repealing Section 5 thereof and substituting in lieu thereof a new Section 5 to read as follows:

Section 5. That the commissioners herein provided for, and their successors in office, shall at their first stated meeting in each year determine the amount of tax to be raised in said town for that year, not exceeding three thousand dollars ($3,000.00), including tax on real and personal property and capitation tax, but excluding exonerations and commissions for collections, and shall appoint one or more assessors who may or may not be their number to make an assessment of persons and property in said town, and shall appoint a Collector and Treasurer.

It shall be the duty of the Assessor or Assessors of said town, within two weeks from his or their appointment, to make a true, just and impartial valuation and assessment of all the assessable real estate and personal property within said Town, and also an assessment of all the male citizens residing in said Town, above the age of twenty-one years as well as those owning real estate within the limits, at least one dollar per head; and the said Assessor or Assessors shall forthwith, after making such assessments, deliver to the Commissioners for the time being, a duplicate containing the names of all persons assessed, and the amount, of their assessments, distinguishing the real and personal assessments of each.

When the assessment is returned the Commissioners shall give five days public notice of the fact, that they will sit together at a certain place and on a certain day, to be designated by them, from one until four o'clock in the afternoon, to hear appeals from the said assessments.

They shall have power on such day to add to or decrease any assessment. All taxes shall be paid within thirty days from the appeal day to the Treasurer of said Town who shall receipt for the same.

At the expiration of the said thirty days, the Commissioners shall cause a transcript of the assessment list, covering all unpaid taxes, to be made and delivered to the Collector, who shall thereupon collect, from each taxable, on his list, his proportion of the tax laid.

The collector shall, after the said thirty days following appeal day, add to the taxes to be paid thereafter a penalty of one per cent per month until the same shall be paid, and shall pay over the whole of the tax so collected to the said Treasurer by the first day of October next after the receipt of his duplicate.

The Collector shall have the same power for the collection of said taxes as are conferred by law on the Collectors of county taxes.

Approved July 19, 1963.