Appropriation to pay for damages allowed Awards, how and where paid State not to OF CANALS. this Act shall have been returned to and approved by the Associate Judge resident in the County of Sussex, the said award so returned and approved shall be filed in the Office of the Prothonotary in and for said County. Section 6. That for the payment of the land damages on the route of the said proposed lands within said State between Rehoboth Bay and Delaware Bay the sum of Five Hundred Dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, and such damages shall be paid by the State Treasurer either upon the draft of the owner accompanied by a certified copy of the award, or by a deposit of the amount awarded in the Farmer's Bank at Georgetown to the credit of the parties in whose favor such award shall be made; and in all cases when damages are paid by the State Treasurer by deposit to the credit of the owner, as in this Section authorized, it shall be the duty of the said State Treasurer to take from the Cashier of the said Bank a certificate of each sum so deposited, and such certificate shall constitute his vouchers for the money so disbursed. Nothing, however, in this Act contained shall be so construed as to create any obligation or assumption on the part of this State to make any other contribution toward the said work beyond the said sum of Five Hundred Dollars, or so much thereof as may be necessary to pay the land damages on the route of the said proposed canal within this State between Rehoboth Bay and Delaware Bay as aforesaid. Section 7. This shall be a public Act, and whenever the said canal so to be constructed shall cross any public road or railroad a proper bridge with a suitable draw shall be erected and maintained at every such crossing and the concession made by this Act is so made subject to the exercise of this right and privilege. Approved February 28, A. D. 1913. OF CANALS. CHAPTER 199. OF CANALS. AN ACT amending an Act entitled "An Act in relation to the proposed Canal intended as a free inland waterway connecting Rehoboth Bay with Delaware Bay." WHEREAS, House Bill No. 85 entitled "An Act in relation to the proposed Canal intended as a free inland waterway connecting Rehoboth Bay with Delaware Bay" which has passed both the Senate and House of Representatives of Delaware and is now in the hands of the Governor for his approval, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: amended Section 1. Amend Section 3 of said bill as follows:- Sec. 3, Chap. Strike out the first sentence of said Section 3 and insert 198, Vol. 27 in lieu thereof the following: That the Governor is hereby authorized to appoint three commissioners, whose duty it shall be, upon the application of the United States, or its authorized agent in that behalf, in accordance with the provisions of the preceding Section, to go upon and view any of the lands to be taken and appropriated by the location and construction of the said Canal and to assess and determine the amount of damages which any owner of such land will sustain by reason of the construction through his land of such Canal. Approved February 28, A. D. 1913. OF THE CITY OF WILMINGTON. State Judiciary CHAPTER 200. OF THE CITY OF WILMINGTON. AN ACT to provide for the erection and furnishing of a new Municipal Building for the City of Wilmington. 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 concurring: Section 1. As soon as practicable after the passing of this Act, the Chief Justice and the four Associate Judges shall appoint five suitable persons, resident in New Castle County, to be known as the "WILMINGTON BUILDING COMMISSION." The Council of The Mayor and Council of Wilmington shall have the right to City Council nominate one member of the said Commission who shall be appointed by the said Judges unless they see good cause to the contrary, and The Council shall nominate another or other person until some one shall be found acceptable to the said Judges. In case of a vacancy in the said Commission by reason of death, resignation or otherwise, the said Judges shall appoint some person to fill the vacancy thus occasioned. to nominate one member Vacancies Term of office Four Judges must agree upon person selected The term of office of the said Commissioners shall continue until the completion by them of the duties hereinafter designated. A majority of the said Commissioners shall constitute a quorum and may act in all matters. In appointing the members of the said Commission, and in filling any vacancy therein, it shall be necessary that at least four (4) of the said Judges shall agree upon the person or persons selected. " OF THE CITY OF WILMINGTON. organize by cers and select Section 2. The said Wilmington Building Commis- commission to sion shall as soon as practicable after their appointment electing offorganize by electing a Chairman, Treasurer and Secre-sal tary, and shall have authority to elect such other officers and to employ such agents as from time to time may be desirable. Any officer or agent of the Commission shall Agent or offihold his office or employment subject to the pleasure of the Commission which may at any time remove him and fill the vacancy thus occasioned. cer may be removed land for a building Section 3. The said Wilmington Building Commis- To acquire sion shall acquire for The Mayor and Council of Wil- municipal mington some suitable place in the City of Wilmington for the erection of a municipal building, and the said Commission is hereby authorized and empowered to purchase, or otherwise acquire, such real estate as may be necessary, and to erect thereon, or on a portion thereof, equip and furnish a municipal building suitable for mu- To erect a nicipal purposes. And for this purpose, the said Com- building mission shall have authority to purchase or acquire such materials and enter into such contracts as in its judgment may be necessary. The said Commission may use municipal of land for street a portion of the said land so acquired, not exceeding May use part twenty feet in width, for the purpose of widening any widening street abutting on the said land so acquired and used as in the judgment of the said Commission may be desirable. proceedings mittee of free pointed by Section 4. In case the said Wilmington Building Com- Condemnation mission shall for any cause be unable to agree with the through comowner or owners for the purchase of any lot or lots of holders, apland selected by the said Commission as aforesaid for any Judge the purpose aforesaid, any Judge of the Superior Court, upon application of the said Commission, shall issue a commission under his hand directed to five impartial freeholders of said County commanding them to view the premises and assess the damages which the said Assessment of damages To be sworn or affirmed Notice given If owner unknown Upon refusal of owner to acsame to be deposited in a bank cept damages OF THE CITY OF WILMINGTON. owner or owners will sustain by reason of the taking of the said land for the purposes of this Act, taking into consideration all the circumstances of benefit and detriment to result to such owner or owners, and to make return in writing of their proceedings to said Judge at a time in said commission appointed. The said freeholders before entering on the premises shall be sworn or affirmed faithfully and impartially to perform the duty assigned them, and shall give not less than five days' notice in writing to the owner and occupier or agent in charge of the said premises and to the Chairman of the said Wilmington Building Commission of the time when they will meet on said premises for the purposes aforesaid, and they, or a majority of them, shall assess the damages as aforesaid and make return of their proceedings as directed by said commission. And if the owner of the said lands and premises so sought to be acquired as aforesaid be unknown or without the state, then such notice shall be published in some newspaper in the county at least five days prior to the time of the said meeting. Upon application of the said Wilmington Building Commission, or any owner or owners of such land to the Prothonotary of the Superior Court for New Castle County, he may issue out a writ of ad quod damnum, requiring the Sheriff in the usual form to inquire of twelve impartial men of his bailiwick of the damages as aforesaid and their report shall be final. And in case the owner or owners of said lands shall be incapable, unwilling or neglect or refuse for five days after tender made to receive said damages, the same shall be deposited to the credit of such owner or owners in the Farmers' Bank at Wilmington, and such deposit shall operate as a payment of said damages. And upon the confirmation of the said return or the return of the said writ of ad quod damnum and the payment or deposit of said damages as aforesaid, the said Wilmington Building Commission shall cause to be recorded in the Recorder's of |