The daily gazette., 1880-01-02
FIRST EDITION.
The CITY Council.


chair.
The Street Committee reported ad-
velsely ON The petition Of Mrs. Lydia
Ford, asking ConRcil TO refund her
portion OF the amount paid for setting
curb stone, which had been done by the
city at higher rate, the petitioner al
legged, than she could have had 1t done
for. The report was adopted.
The Law Committee reported IN the
matter Of the purchase, by the city, Of
the house now owned by the Delaware
8. Y. z. Company, In accordance with
the following resolution, passed at the
last meeting: st..s
"Resotued, That the Law Committee
and the City Solicitor be and they are
hereby directed 10 inquire into the title
by which the Delaware Fire Company
hold the property on Sixth street, be
tween Market and King streets, and re-
port the same 10 Council"
The report of thr committee Is as fol-
lows:
ferred the accompanying resolution, re-
spec.fuily report that the property now
occupied by the Delaware Fire Company
Is u portion Of that conveyed by John
barasgS Council shs MarcS eS
End. 1921. for the blanco OF an rnexpirod
term OF z, ,OOO years, Originally granted and
conveyed by the Swedes, Lutheran
Church, called Trinity Churcn, subject to
a certain annual ground rerL In March,
1858. Trinity Church executed deed OF
release TO the Mayor and Council of VIII
mington for the ground rent and all Its
interest in the land thus resting in the
city compete In fee simple. No deed
or convey ance OF any kind mas ever been
made by the city for the land or any por-
,ion OF IL, TO the Delaware Fire Company,
or other person, and the paper title OF the
city ls full and complete.
The Delaware Fire Company. has oc-
cupied the property since April. ~. so
your committee is Informed. No agree
ment has yet b. en- discovered by your
showing the terms ON which
the Company. was permitted to go upon
the land, though IL Is believed that some
such Hg o ment was made and should be
IN the possession OF tilher The iire com.
pany or the city, The City Solicitor Is In
ciined to the opinion that although the
nre company has occupied and used the
property since ls22, 1t has not been such an
adverse possession as would entitle the
Company 10 the benefit, and bar OF the
statute OF limitatiors; that the statute
could not run as against the municipality
for the reason that there was no time when
? u adverse possession as against the city,
could legally commence; but as the ques-
ton is one, upon which the authorities
differ widely. he coLsiders IL one OF grave
doubt IN the absence OF any expret adju-
dicaticn n OF our State Courts upon the sub
ject, and that In any event the fire COM
pany would be entitled 10 some equitable
relief, under all circumstances.
Your Committee are requested, on be-
half OF the Committee of the fire company
to state To this Council their willingness
TO accept the sum OF 5000 In full discharge
OF all claims OF the Co N pany To the pIo-
perty. Respectfully submitted
X. ii. TAYLOR,
T.. CHANDLER,
ALVAN ALLEN,
ii. J.. DOWNING,
LkWI5 fAiN1ER.
Tie report was adopted.
The City Treasurer reported balance
in bank Of $34 4,007.S2.
The City Auditor reported collections
for the week amounting TO $l7l.S4. lie
also reported having examined the ac-
counts of the following officers, and found
they had collected the amounts stated:
Charles Cannon, Clerk Of Market, for
the past quarter, $20G.0S; VIM. J. Ajax
we'll, Chief of Police, for December,
$l60.ST.
Twebty-fOur men were reported EN-
ployed in the Water Depal tment, with
pay roll OF $304.43. In the Street De-
partment, I men, with pay roll Of
$23. .49.
Mr.. McGlinchey presented the annual
report of NJ. G. Conwell, Chief Engineer
of the Surveying Department, which was
ordered 10 be printed.
Mr.. X. ii. Taylor presented the fol-
lowing communication from Walter
Cummins, Esq, in relation to the suits
OF the city against the sureties Of j. L.
Killgore, late City Treasurer:
To the Honorable, the members Of the
city Council Of Wilmington:
GENTLEMEN In reference TO the
settlement and deposition OF the suits in
court In which the Mayor and Council of
Wilmington and Joseph l.. Killgore, late
City Treasurer, aud his sureties were
parties, have TO report:
LIST. That In the two cases of Arthur
II. Grimshaw against The Mayor AMI
Council of Wilmington and William ii.
Lambson, Sheriff, and Of Patrick HOl-
land against the same defendants, bills
were filed In chancery to enjoin the de-
PENDANTS from the execution and coliec-
tion of certain judgments entered in the
Superior Court OF Delaware for New
Castle county In favor of the city-Nos.
jo3 and 594 of the November term, 1874
each for the sum OF ST ,3S6.34 with in
terest from January lst, 1872, being the
balance due in the bond given by said
Killgore and his suretles on December
3lst, 1870, for the performance by him
of the duties of his office for the first
term; and Nos. 507 and 59S of said term,
each for the sum of ", ,007 so, with inter-
est from January 1st, 1874, being the
balance due on the bond given by said
Killgore and his sureties on July 20th,
1872, for the performance of his duti Is
for the second term.
That after the taking of testimony,
these cases were duly heard, Il being al
that time the City Solicitor,) and the
chancellor on May oath, 1877, rendered
his decree, making perpetual the injunc-
tion heretofore granted as TO the execu-
tion or the judgments on the bond of
July goth, 1872, (597 and 50s of Nov.
term, 1874,) and dissolving the injunc-
tion as TO the judgments on the bond of
December 3lst, 1870, (593 and 594 Of
Nov. term, 1874, and decreeing that the
complaiEants, Messrs. Grimshaw aud
Holland, pay the costs, amounting TO
s238.14.
From the decree of the Chancellor, so
far 1t enjoined the execution of the
judgment on the second bond, an appeal
was prayed in behalf of the city, and is
now docketed In the Court Of Errors
aad Appeals at Dover.
2d-At the May term, 1877. of the
narifa ffkrf a..