Section 1.
That the inhabitants of the Town of Bellefonte, situate in Brandywine Hundred, New Castle
County and State of Delaware, are hereby constituted a corporation or body politic by the
name and style of "THE COMMISSIONERS OF BELLEFONTE" and by such name
shall be able and capable to sue and be sued, plead and be impleaded, answer and be
answered, defend and be defended in all Courts of judicature whatsoever in this State and
elsewhere, and may have and use a common seal, with such device or devices as they shall
think proper, with power to alter and change the same as may be deemed expedient; to
purchase, take, hold, receive and enjoy any messuage, lands, tenements or hereditaments
in fee simple or otherwise, and also goods and chattels, rights and credits, and to alien,
grant, sell, convey and dispose of the same in such manner and form and for such estates
as they may deem expedient.
Provided, Nevertheless, that there is hereby reserved to the General Assembly of the State
of Delaware, the power and authority to repeal this Act or any part thereof, or any other
law which may hereafter be enacted concerning and respecting the said Town of Bellefonte.
Section 2.
The boundaries of said Town of Bellefonte shall be as follows:
Beginning at the intersection formed by the Westerly boundary of the property of
Wilmington and Philadelphia Traction Company, at the Southerly boundary of a road or
highway known as Rodman’s Road in Brandywine Hundred, New Castle County and
State of Delaware aforesaid; thence in a Southeasterly direction along the Southerly
boundary of said Rodman’s Road a distance of one thousand three hundred and fifty
feet more or less to the intersection formed by this line and the extended Westerly
boundary of property now of Harold P. Keen; thence along said Westerly boundary of
said property of said Harold P. Keen; in a Northeasterly direction, a distance of one
thousand two hundred and sixty feet more or less to the Northerly boundary of the
property of said Harold P. Keen; thence along said Northerly boundary of said property in
a Southeasterly direction a distance of nienty-one feet and four inches more or less to the
intersection formed by said Northerly boundary of said Keen’s property and a line
extended of the Westerly boundary of property now of Eugene Mowlds, said extended line
of said Mowlds’ property last mentioned, running North forty-seven degrees fifty-four
and one-half and minutes East and thence along said Westerly line of said Mowlds’
property a distance of three hundred and forty feet more or less to the Northerly boundary
of property of said Eugene Mowlds; thence South forty-five degrees sixteen and one-half
minutes East, a distance of three hundred feet more or less to the Westerly side of a certain
County Road, known as “The River Road;� thence along said Westerly side of said
River Road in a general North-easterly direction a distance of six hundred and four feet
and three inches more or less to the Southerly boundary of property now of H.B. Duncan;
thence along the said Southerly boundary of said property of said Duncan in a
Northwesterly direction to the line of property of said Wilmington and Philadelphia
Traction Company; thence along a line running at right angles to the line of said Wilmington
and Philadelphia Traction Company, and in a general Northwesterly direction a distance of
five hundred and fifty-two feet and five inches more or less to the Westerly side of a certain
road known as “Wynnbrook Road;� thence in a general North-westerly direction a
distance of one thousand feet more or less to the Easterly side of the Wilmington and
Philadelphia Turnpike Road in a direction parallel to a certain Avenue known as â
€œBellefonte Avenue;â€� thence in a Southwesterly direction along the Easterly boundary
of said Wilmington and Philadelphia Turnpike Road a distance of nine hundred and fifty
feet more or less to the intersection of said road and the Southerly side of said road known
as Bellefonte Avenue (laid out at twenty-five feet wide); thence in a South-easterly
direction along said Southerly side of said Bellefonte Avenue a distance of six hundred and
sixty feet more or less to the Easterly boundary line of the land of John and William
Craven; thence along the same in a Southwesterly direction a distance of four hundred and
seventy-seven feet more or less to the Northeasterly side of a certain road known as
Marion Avenue; thence along the said Northeasterly side of said Marion Avenue a distance
of eight hundred and five and one-tenth feet more or less to the Southeasterly side of the
said Wilmington and Philadelphia Turnpike Road; thence in a Southwesterly direction
twenty-five feet more or less along the Southeasterly side of said Wilmington and
Philadelphia Turnpike Road to the Southwesterly side of said Marion Avenue, a corner of
the land of John Forscht; thence along the same and along the land now of William H.
Phillips in a Southeasterly direction about eight hundred and twenty feet more or less to the
Southeasterly boundary of the land of William H. Phillips; thence along the same in a
Southwesterly direction to the intersection of said line with the Northerly line of land now of
William D. Blackburn; thence in a Southeasterly direction along said line of land of said
Blackburn a distance of five hundred and seventy-three feet more or less to the
Southeasterly boundary of said land of said Blackburn; thence along the same and along
the Northwesterly side of a right of way fifteen feet more or less in width running adjacent
to and parallel with the Northwesterly boundary of the right of way of the Wilmington and
Philadelphia Traction Company to the Southerly boundary of said Rodman’s Road,
the place of beginning.
The Commissioners of Bellefonte may at any time hereafter cause a survey and plot to be
made of the lands and premises contained within the boundaries of the said town as
hereinabove set forth, and the said plot when so made, and approved by the said
Commissioners, shall be recorded in the Office for the Recording of Deeds in and for New
Castle County, and shall be evidence in all courts of law and equity in this State. (33 Del.
Laws, c. 122, 3/7/23)
Section 3.
Joseph J. Lawrence, Winfield S. Clark, Thomas C. Pierce, Carl Snellenberg and Harry A.
Hurst, shall be Commissioners for the said Town of Bellefonte until the first Wednesday
after the first Tuesday in the month of June in the year of our Lord one thousand nine
hundred and sixteen or until their successors are elected and qualified. The said
commissioners shall soon as possible after the passage of this Act, meet at some place to
be agreed upon by them and choose a President and Secretary from their number, and
shall also choose an alderman, treasurer and an assessor. The said alderman, treasurer and
assessor so chosen shall hold office until the expiration of the terms of the Commissioners
appointed by this Act.
Section 4.
An election shall be held in said Town of Bellefonte for an alderman, five Commissioners, a
Treasurer, and an Assessor on the first Tuesday in June in the year of our Lord one
thousand nine hundred and sixteen at such time of the day, and at such place as shall be
determined and fixed by the Town Commissioners, due notice whereof containing the time
and place of said election and the offices to be filled thereat, and the names of the
candidates therefor, shall be given by the said Commissioners at least five days before said
election.
Three of said Commissioners, and the said Town Treasurer shall be freeholders and
citizens of said Town, and two of said Commissioners and the said assessor may be
citizens not freeholders of said Town. On the Monday following said election, the said
Commissioners so elected as aforesaid, shall meet immediately at some place, to be agreed
upon by them and choose by lot, three of their number to serve for one year, and two to
serve for two years, or until their successors are duly elected; and yearly thereafter on the
first Tuesday in June, an election shall be held in said Town of Bellefonte for an alderman,
treasurer, and assessor to serve for one year, and three or two Commissioners as the case
may be, to serve for two years.
No person shall be voted for as a candidate for any of said offices at said election, unless
at least ten days before the date set for said election he shall have filed with the secretary or
president of said Town Commissioners, a letter or other certificate setting forth that he will
be a candidate for a certain designated office for the designated term of said office.
Section 5.
The first election held under this Act shall be held by the alderman and two Commissioners
selected by him from those named in Section 3 of this Act; all subsequent elections shall be
held by the alderman and two of the Commissioners holding over, and in case there are
three Commissioners holding over, the said alderman shall select two of said three to assist
him in holding said election. At the first election held under this Act, to wit, on the first
Tuesday in June, A. D. 1916, all persons living within the boundaries as hereinabove set
forth of said Town of Bellefonte, and who were entitled to vote at the General election held
in the State of Delaware in the year 1914, shall have a right to vote; and at all subsequent
elections every citizen of said Town who shall have attained the age of twenty one years
and shall have paid the Town tax last assessed to him, shall have the right to vote. The
alderman and the two commissioners selected by the said alderman shall be judges of the
election, and shall decide on the legality of the votes offered. Immediately after the election
is closed, the votes shall be read and counted by the alderman and his two assistants, and
the persons having the highest number of votes shall be declared duly elected, and shall
continue in office until their successors are duly elected and qualified. In case of a tie of
persons voted for, the result of said election shall be determined by the alderman whose
decision shall be final. Immediately after said election, the persons under whose
superintendence the election is held shall enter in a book, to be provided for that purpose,
a minute of such election, containing the names of the persons chosen Alderman, Assessor,
Treasurer and Commissioners and shall subscribe the same, and shall give to the Alderman,
Assessor, Treasurer and Commissioners election certificates of their election. The book
containing such minutes shall be preserved by the said Commissioners and shall be
evidence in all Courts of law and equity of this State. (33 Del. Laws, c. 122, 3/7/23)
Section 6.
That the person elected as Alderman aforesaid of said Town shall have, within the limits of
said Town, all the powers, authority, jurisdiction and cognizance of a Justice of the Peace
of and over all breaches of the peace and other offenses committed within the corporate
limits of said Town and shall have authority to arrest and hold to bail, or fine and imprison
all offenders, and of and over all fines, forfeitures and penalties which may be prescribed
by any law of this State or by ordinances of the said Town Commissioners regularly passed
and established for the government of the said Town, and of any or all neglects, omissions
or defaults of the Town Bailiff, Assessor, Collector of Taxes, or Treasurer or any other
person or officer whose duty may be to collect, receive, pay over, or account for any
monies, or other effects belonging to the said Town, or to execute or obey any law or
ordinance thereof; provided that said Alderman shall not impose any fine exceeding Ten
Dollars, nor have jurisdiction in any civil matter other than to carry out the provisions in this
Act, and of the rules, regulations and ordinances that may be adopted for the government
of said Town by the persons authorized to adopt the same under this Act. The fees of said
Alderman shall be the same as are allowed Justices of the Peace for similar services under
the law of this State. It shall be the duty of the Alderman to keep a book of record or
docket to be called the "Alderman's Docket of Bellefonte," said docket to be provided by
the Commissioners aforesaid at the expense of said Town, in which said docket all the
official acts and decisions of said Alderman shall be entered by him, and he shall, upon the
expiration of his term of office, deliver over to his successor, all the books, papers and
other property or effects pertaining to his said office of Alderman, within ten days after the
election and qualification of his successor and in default of so doing, he shall forfeit and pay
for the use of said Town the sum of Twenty Dollars, to be recovered before the succeeding
Alderman, or any Justice of the Peace residing in said Town or in Brandywine Hundred, or
in any Hundred adjoining said Brandywine Hundred.
Section 7.
That the Alderman, Commissioners, Treasurer and Assessor aforesaid, so elected before
entering upon the duties of their respective offices, shall be sworn or affirmed, by the
Alderman or by any one of the said holding over Commissioners, to perform the duties of
their offices respectively to the best of their knowledge, and without favor or partiality. The
said Commissioners so elected as aforesaid, at their first regular meeting after each election
shall choose a President and Secretary from their number who shall hold office for one
year, or until their successors are elected; if by death or otherwise, the office of President
or Secretary shall become vacant, the Commissioners or a majority of them, at their next
regular meeting, or at a special meeting to be by them called for that purpose, are hereby
authorized to fill said vacancy; if any vacancy shall occur in the office of Alderman,
Treasurer, Bailiff, Collector of Taxes, Commissioners or Assessor, by death or otherwise,
the said Commissioners or a majority of them for the time being at the next regular meeting
thereafter, or at a special meeting, are hereby authorized to fill said vacancy by appointing
an Alderman, Assessor, Treasurer, Bailiff, Collector of Taxes, Commissioners or either as
the case may be, to fill the unexpired term of said office or offices. All the Commissioners
shall act, but the decision of a majority shall govern. The officer or officers so appointed,
after being duly qualified as aforesaid, shall have the same powers, duties and authority and
be subject to all penalties as those duly elected to said office or offices. The
Commissioners shall receive no compensation for their services as Commissioners. It shall
be the duty of the President chosen as aforesaid to preside at all meetings of said
Commissioners and in case of his absence from any meeting, an officer pro tempore shall
be appointed in his place. The President shall receive no compensation for his services as
President.
It shall be the duty of the Secretary to record all the proceedings of the Commissioners and
keep a correct journal of the same in a book or books to be provided at the expense of
said Town for that purpose; said journal must show all bills approved by the
Commissioners, the amount of said bills and to whom payable; and also the Secretary shall
have custody of all papers and documents relative to said Town, all of which are to be
carefully preserved and to be delivered by him to his successor in office. The
Commissioners shall fix the compensation, if any, to be received by the Secretary for his
services as such. It shall be the duty of the Treasurer to deposit all monies in his
possession, belonging to said Town in the name of the Town of Bellefonte in a banking
institution selected by the Commissioners. The said Treasurer shall be the custodian of all
monies belonging to said Town and shall pay out of any of said monies in his possession, all
bills approved in writing by the Commissioners, or a majority of them and presented to him
for payment, and take a receipt for the same to be preserved and delivered to his
successor in office. He shall settle his accounts with said Commissioners annually, in the
month of May, and at such other times as said Commissioners may require.
The said Treasurer shall also within fifteen days after the date of his election and
qualification for said office, and before entering upon the duties of the same give bond to
"The Commissioners of Bellefonte," with sufficient security, to be approved by the
Commissioners of said Town in the penal sum of double the amount of what may be likely
to come into his hands, conditioned for the faithful discharge of the duties of said office, and
for the delivery to his successor in office of all books, papers and documents relating to his
said office, and of all sums of money belonging to said Town which may remain in his
possession upon the expiration of his said term of office and upon the settlement of his final
account; the cost of said bond shall be paid by the said Town of Bellefonte.
If the Treasurer shall fail to give bond as required by this Section, he shall thereby forfeit his
office, and the same shall become vacant, and such vacancy may be filled by the said
Commissioners by appointment of a Treasurer to serve for the unexpired term. The
compensation of the Treasurer, if any, shall be fixed by said Commissioners.
The Commissioners are hereby authorized to appoint one or more suitable and capable
persons to audit the accounts of said Treasurer of said Town annually in the month of May,
and at such other times as said Commissioners may require. It shall be the duty of the said
auditors to make and post in at least three public places within the limits of the said Town
of Bellefonte, a statement showing all receipts and disbursements and balance remaining in
the hands of said Treasurer at the time of said audit. The said auditor or auditors shall
receive a reasonable compensation to be fixed by the Commissioners and to be paid by
said Town.
Section 8.
That the Commissioners shall cause a fund to be raised by way of tax, upon persons
authorized to vote for Commissioners at the elections provided for by said Chapter 126,
Volume 28, Laws of Delaware, as amended, and by way of tax to be levied and assessed
upon all lands and tenements and interest in such lands and tenements within the corporate
limits of said Town. Said fund so raised as aforesaid is to be used for any purpose that will
contribute to the safety, convenience, welfare and prosperity of said Town. (36 Del. Laws,
c. 150, 3/13/29)
Section 9.
That whenever said Commissioners shall deem it advisable to lay out a new street, or road
or to widen, change or vacate any existing street or road in said Town, the said
Commissioners shall certify such fact to the Levy Court of New Castle County and
thereupon the said Levy Court shall have the right and authority to institute or cause to be
instituted the necessary and proper proceedings under the laws of the State of Delaware,
as the same now is or may hereafter be relating to the laying out, widening, changing and
vacating public roads in New Castle County. (36 Del. Laws, c 150, 3/13/29)
Section 10.
The improvement, maintenance and repair of all the roads, streets, lanes and alleys within
the corporate limits of said Town, shall be under the control and jurisdiction of the Levy
Court of New Castle County in the manner provided in Sections 1 to 12 of Chapter 55 of
the Revised Code of the State of Delaware, as amended. (36 Del. Laws, c. 150, 3/13/29)
Section 11.
The amount of taxes for road purposes collected within the corporate limits of said Town
and paid over to the County Treasurer, shall be used by the Levy Court of New Castle
County for the maintenance and improvement of the public roads, streets, lanes and alleys
in said Town in the manner provided in Sections 1 to 12 of Chapter 55 of the Revised
Code of the State of Delaware, as amended. (36 Del. Laws, c. 150, 3/13/29)
Section 12.
That the said Commissioners shall have authority to make such regulations and ordinances
for government of the Town as they shall deem proper and necessary, and they are hereby
authorized and required to provide sanitary measures for the health of the citizens, and to
prevent the introduction into the Town of infectious or contagious diseases, cause all
obstructions and nuisances that may at any time exist within the limits of said Town,
whether in the streets, lanes, alleys, or gutters, on the sidewalk, or in any other place within
the limits aforesaid, to be removed and abated. The said Commissioners, or a majority of
them, may proceed either upon their own view or upon complaint of any other citizen, in
writing, stating the character of the nuisance or obstruction and where the same exists. If
the said Commissioners, or a majority of them, either upon such information or upon view,
shall determine that an obstruction or nuisance exists and ought to be removed, they shall
give notice in writing to the person causing such obstruction or nuisance, or who is
responsible for its existence or continuance, to remove or abate the same and if such
person shall refuse or neglect, for the space of five days after such notice to remove or
abate the said obstruction or nuisance, he shall forfeit and pay the sum of Ten Dollars with
costs, to be recovered by the Commissioners for the use of the Town in the same manner
as debts of that amount are recoverable, and for every additional day the same shall remain
unabated and unremoved he or she shall forfeit the further sum of Ten Dollars, to be
recovered in the same manner.
The said Commissioners, for the welfare of said town and as a protection to persons and
property against loss or damage by fire or otherwise, shall also have authority to make such
ordinances as they shall deem proper regulating the erection, alteration or repair of
buildings within the corporate limits of said town.
The Town Commissioners shall also have the authority and power to enact ordinances in
relation to the keeping or harboring of dogs, to provide for the registration of the same, and
to regulate their running at large, and may impose annual tax not exceeding fifty cents on
every male dog, or one dollar on every female dog, and may provide for the collection of
the same from each and every person owning or harboring any dog or dogs, and also shall
have power to impose fines and penalties of not less than one dollar nor more than five
dollars for the enforcement of any of said ordinances.
The Town Commissioners shall have and are hereby vested with power and authority to
prosecute for violations of any of the provisions of this Act, or of the ordinances which they
may enact in pursuance thereof, and which are not specially provided for in this Act. All
fines and penalties which may be imposed either by this Act or the ordinances enacted as
aforesaid may be collected before the Alderman of said Town, or any Justice of the Peace
in Brandywine Hundred or an adjoining Hundred and in default of payment, said Alderman
or Justice of the Peace may commit for any time not exceeding thirty days.
The Town Commissioners shall also have the power and authority to levy and collect
license fees annually of such various amount or amounts as The Town Commissioners shall
fix, from time to time, from any individual, firm, association, partnership or corporation
engaged in carrying on or practicing any business, profession or trade within the limits of
the Town of Bellefonte; provided, however, that nothing herein shall be so construed as to
make it mandatory upon any resident of the State of Delaware to apply for or obtain a
license in order to sell, in the Town of Bellefonte, farm produce or any farm products
grown on his or her farm. Any license fees, when levied by The Town Commissioners, shall
be a debt due THE COMMISSIONERS OF BELLEFONTE, for which an action of law
may be maintained. (46 Del. Laws, c. 238, 4/9/47)
Section 13.
That the Assessor of the Town for the time being shall, annually, in the month of June make
a true, just, and impartial valuation or assessment of the real estate within said Town; said
assessment shall be made personally by the Assessor, and after a view of the premises; an
assessment of all the citizens residing in said Town above the age of twenty-one years, as
well as those owning as those not owning real estate within its limits, and also an
assessment of all live stock and dogs within said Town. And the Assessor shall forthwith
after making such assessment deliver to the Commissioners for the time being a duplicate
containing the names of all the persons assessed and the amount of their assessments,
distinguishing the real and personal assessments of each. The Commissioners shall assess
the real estate and person of the Assessor. If any change be made in assessment by
Commissioners the owner must be given notice in writing. The Commissioners shall,
between the first and fifteenth days of July, cause a full and complete transcript of said
duplicate to be posted in a public place in said Town, there to remain for the space of
twenty days thereafter for public inspection; and said Commissioners shall on the
Wednesday next after the expiration of the said twenty days, hold a court of appeal, which
shall continue open from one o'clock P. M. until seven o'clock P. M. of the said day, when
they shall hear and determine appeals from said assessment. Notice of the posting of the
list, and also at the same time notice of the time and place of hearing appeals shall be given
by notices posted in at least six public places in said Town. The decision of the
Commissioners upon any appeals shall be final and conclusive. No Commissioner shall sit
upon his own appeal, but the same shall be heard and determined by the other
Commissioners.
After the valuation and assessment shall be examined and adjusted by the said
Commissioners, all taxes shall be levied, assessed and raised on the real estate and persons
thus valued and assessed in just and equal proportions and rates.
Provided that it shall and may be lawful for the Commissioners of Bellefonte aforesaid, to
exempt from assessment and taxation, for the period of ten years, for municipal or Town
purposes, the real estate of any person or persons or body corporate, within the limits of
said Town, upon which any manufactory or other industrial improvement for the
employment of labor may after the passage of this Act be erected.
The Assessor, immediately after his election and before entering upon the duties of his
office, shall be sworn or affirmed, before one of the Commissioners or the Alderman to
diligently, faithfully and impartially perform the duties of his office to the best of his ability,
knowledge and judgment, and a certificate shall be made by the person administering the
oath or affirmation, in the record book of the Commissioners containing the certificate of
the election of the Alderman, Commissioners and Assessors. The compensation of the
Assessor shall be fixed by the Commissioners.
Section 14.
That the Commissioners shall elect some suitable person Tax Collector for the Town; and
after having ascertained the sum necessary to be raised for the use of the said Town, and
have apportioned the same on the assessment and valuations aforesaid, shall, yearly on or
before the tenth day of August, furnish the Tax Collector of the said Town with a list
containing the names of the taxables, as well the owners of real estate as those not owning
real estate, and opposite the names of each the amount of the real estate and his personal
assessment, distinguishing between them, and also the tax levied on each person, and also
the tax levied on the whole valuation and assessment, and the rate per hundred dollars. The
list shall be signed by the Commissioners or a majority of them.
The Tax Collector, on the tenth day of August shall proceed to collect the taxes mentioned
in the said list and in collecting the same shall have the same powers as are given by law to
the collectors of the rates and levies for New Castle County. All taxes shall be due and
payable on the tenth day of August of the year during which said taxes are levied. A
discount of five per centum shall be allowed on all taxes paid on or before the last day of
September; five per centum shall be added to all taxes paid after the last day of December.
No legal proceedings shall be instituted for the collection of taxes until after the last day of
February following the year during which said taxes are levied, provided, that if any person
or persons shall remove from said Town after the tenth day of August his or their taxes
shall become immediately due and payable. The said tax Collector shall also before
entering upon his duties give bond to "The Commissioners of Bellefonte," with sufficient
surety, to be approved by the Commissioners of said Town in the penal sum of double the
amount of what may be likely to come into his hands conditioned for the faithful discharge
of the duties of his office. The cost of said bond shall be paid out of money belonging to
said Town.
The said tax collector shall render an account and pay unto the Town Treasurer, all moneys
in his hands on the first Monday of every month and upon the expiration of his term of
office, and at such other time or times as the Commissioners or a majority of them shall
require. The Commissioners may allow such delinquents as they or a majority of them may
think proper. The compensation of the Tax Collector shall be fixed by the Commissioners.
(36 Del. Laws, c. 150, 3/13/29)
Section 15.
That the said Commissioners shall appoint some discreet and judicious citizen, a resident of
Bellefonte, Town Bailiff. The said Bailiff shall have all the powers and authority, within the
limits of said Town, of a constable of the State of Delaware in and for New Castle County
as to the cognizance of all breaches of the peace and other offenses within said Town, and
shall hold his office subject to the option of the Commissioners, and his fees and
emoluments shall be the same as those of a constable for like services, provided that he
shall not serve any civil process except to carry out the provisions of this Act. It shall be the
duty of said Alderman, Commissioners and Bailiff, or of any Justice of the Peace and
Constable of New Castle County residing in said Town, to suppress all riotous, turbulent,
disorderly or noisy conduct of any person or persons, or disorderly or noisy assemblages
or gatherings of any person or persons in the streets, lanes, or alleys of the said Town or in
any house situated therein, after night or on the Sabbath day, or at any other time or season
whatever, and for this purpose it shall be the duty of said Bailiff, or any Constable, upon
the requisition of the Alderman, or of any one of the said Commissioners, and without
further warrant, forthwith to seize and arrest any such person or persons so offending, and
to carry him or them before said Alderman or any Justice of the Peace resident in
Brandywine Hundred and upon conviction before the said Alderman, or Justice of the
Peace as aforesaid (whose duty it shall be to hear and determine the case), the said
Alderman or Justice of the Peace shall sentence any such person or persons so convicted
to pay a fine not exceeding ten dollars, and commit the party to the New Castle County
Workhouse for any period not exceeding five days, or until said fine and the costs be paid.
It shall be the duty of the said Alderman or Justice of the Peace upon complaint made
before him of any such riotous or turbulent conduct as aforesaid, or noisy assemblages, to
issue his warrant to the said Bailiff, or Constable, commanding him to bring any such
person or persons so offending as aforesaid before him for trial.
Section 16.
That it shall be the duty of the said Alderman, Commissioners, or Bailiff, to suppress,
extinguish and prevent all bonfires on the public squares or in any of the streets, lanes, or
alleys of the said Town, and to suppress or prevent the firing of guns, pistols, or the letting
off of fireworks, or the making or throwing fire-balls within the limits of the said Town; and
the said Commissioners may enact and publish ordinances with reasonable penalties for
preventing the same and punishing persons guilty of their violation. Any fine imposed by any
such ordinance may be collected before the said Alderman or Justice of the Peace in
Brandywine Hundred aforesaid and in default of payment the said Alderman or Justice of
the Peace may commit to the public jail or workhouse of the county for any time not
exceeding five days. All fines and forfeitures realized under the provisions of this Act by the
Alderman or Justice of the Peace as aforesaid shall be paid over to the Treasurer for the
use of the Town. If any constable shall neglect or refuse to perform the duties above
enjoined on him by this Act, he shall be deemed guilty of a misdemeanor in office, and it
shall be the duty of the Commissioners to present him to the grand jury of New Castle
County, and upon conviction he shall forfeit his office, and be further punished by fine or
imprisonment as the Court may deem proper.
Section 17.
That there shall be twelve stated meetings in every year of the said Commissioners, viz: on
the Second Monday of every month, and special meetings, upon two days’ notice, at
such times as the same shall be called by any three of the Commissioners, at which
meetings they may pass all such ordinances or rules for the good government of the said
Town, the repair and making of public pumps or water works, its police, improvements,
ornaments and general welfare, and for all other matters excepting the improvement of the
streets and sidewalks of the said Town, as by the Commissioners may be deemed proper;
provided the same be not repugnant to the Constitution or Laws of this State, and provided
further that no ordinance shall be passed until presented and considered at two meetings of
the Commissioners either regular or special and approved by a majority of the
Commissioners. The said Commissioners shall have full power and authority to impose
fines, penalties and forfeitures and provide for their collection, for the violation of any
provision of this Act or any ordinance enacted in pursuance thereof. (36 Del. Laws, c.
150, 3/13/29)
Section 18.
That the Commissioners shall have full power and authority to pass such ordinances and
prescribe such rules and regulations for persons or corporations or the vehicles of either
crossing or passing over and upon all roads and streets within the limits of said Town as
will best protect the citizens thereof; also, relative to the standing and placing of railway and
railroad cars, carts, carriages, wagons, and other vehicles, or other obstruction in and upon
said roads, streets, lanes, alleys and sidewalks; also, as to the running about or otherwise
straying or ranging around of any horse, cow, hog, or other brute animals, or geese, in said
roads, streets, alleys, lanes and sidewalks in said Town, which they, or a majority of them,
may deem proper in order to secure a free and unobstructed enjoyment and use of the
same.
Section 19.
That the Commissioners, or a majority of them, shall have authority to use the monies in the
treasury of the Town for the general improvement, benefit and ornament of the said Town
as they, or a majority of them, may deem advisable; but no money shall be paid out by the
Treasurer until an itemized bill showing the price or prices at which, the date when, the
place where, the purpose for which, by whose order, and by whom the work or labor was
performed and the materials were furnished for said Town has been presented at a regular
or special meeting of the Commissioners and approved in writing by a majority of the
Commissioners.
Section 20.
It shall be unlawful for any Commissioner of said Town to furnish labor or material, either
directly or indirectly for any improvement of said Town of Bellefonte, or to furnish anything
whatsoever to said Town that requires the approval of the Commissioners before payment
can be made.
Section 21.
That this Act shall be deemed and taken to be a public Act.
Approved March 9, A. D. 1915.
SEE ALSO 35 Laws of Delaware, Chapter 95 (4/29/27) as amended by 41 Laws of
Delaware, Chapter 134 (4/8/37) for legislation authorizing The Commissioners of
Bellefonte to borrow money ($30,000.00) which did not amend the charter.
SEE ALSO 41 Laws of Delaware, Chapter 143 (5/20/37) which provides for collection of
taxes and assessments for The Commissioners of Bellefonte without amending the charter.
SEE ALSO 43 Laws of Delaware, Chapter 151 (4/21/41), which amends the provisions
of 41 Laws of Delaware, Chapter 143 relating to collection of costs and assessments .
SEE ALSO 43 Laws of Delaware, Chapter 152 (4/21/41) which provides that the cost of
sewers constructed shall be a special assessment and lien upon abutting and adjacent
properties.
SEE ALSO 48 Laws of Delaware, Chapter 75 (5/10/51) which authorizes The
Commissioners of Bellefonte to provide improvements of a general and public nature,
financing procedures for such improvements and providing for the exercise of eminent
domain.
(28 Del. Laws, c. 126, 3/9/15, as amended by 33 Del. Laws, c. 122, 36 Del. Laws, c.
150, 46 Del. Laws, c. 238)

Bellefonte Charter - 1915