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OF CANALS.

to pay for dam.

and where paid

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. Appropriation Section 6. That for the payment of the land damages ages allowed 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 Awards, how, copy of the award, or by a deposit of the amount award

ed 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.

State not to contribute more than $500

OF CANALS.

CHAPTER 199.

OF CANALS.

AN ACT amending an Act entitled “An Act in relation to the pro

posed 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:

Sec. 3, Chap.

Section 1. Amend Section 3 of said bill as follows: 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.

CHAPTER 200.

OF THE CITY OF WILMINGTON.

AN ACT to provide for the erection and furnishing of a new Mu

nicipal Building for the City of Wilmington.

to appoint a Wilmington Building

Be it enacted by the Senate and House of Representa-
tives of the State of Delaware in General Assembly met,
two-thirds of all the members elected to each House con-

curring:
State Judiciary Section 1. As soon as practicable after the passing of
Wilmington this Act, the Chief Justice and the four Associate Judg-
Commission es shall appoint five suitable persons, resident in New

Castle County, to be known as the “WILMINGTON
BUILDING COMMISSION.” The Council of The May-

or 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 Vaoancies. 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

Term of office

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 Four Judges 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.

Four Judges must agree upon person selected

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OF THE CITY OF WILMINGTON.

organize by electing officers and select

Section 2. The said Wilmington Building Commis- Commission to sion shall as soon as practicable after their appointment ele organize by electing a Chairman, Treasurer and Secretary, 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 removed the Commission which may at any time remove him and fill the vacancy thus occasioned.

cer may be

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land for &

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 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 desira

municipal

of land for

street

ble.

through committee of free

Section 4. In case the said Wilmington Building Com-Condemnation mission shall for any cause be unable to agree with the through com.. owner 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

OF THE CITY OF WILMINGTON.

Assessment of damages

To be sworn or affirmed

If owner unknown

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 given

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, re

quiring the Sheriff in the usual form to inquire of twelve Upon refusal impartial men of his bailiwick of the damages as aforecept damages" said and their report shall be final. And in case the deposited in owner or owners of said lands shall be incapable, un

willing 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

of owner to ac

a bank

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