When building

is ready for use

mission to assign rooms and space to

cipal officers &c

cate of assign

OF THE CITY OF WILMINGTON.

Section 7. That when said building shall be erected, Building Com- equipped, furnished and ready for use, the said Wilmington Building Commission shall certify to The Council on various muni- allotment of the portion or portions of said building to be used and occupied by The Council, the Municipal Court and its officers, the Police Department, the City Treasurer, the City Auditor, the various City Boards, and such other rooms and offices as may be necessary for the use of the officers and employees of the said The Mayor and Council of Wilmington, and also a Jail for the detention of prisoners, and such certificate or certifiTo file certificates shall be recorded in the Recorder's office for New ment of space Castle County and shall be conclusive as to the matters therein contained. Upon the recording of the said certificate or certificates, the said The Council of The Mayor and Council of Wilmington shall forthwith cause to be removed the books, papers, records and other property belonging to or in anywise connected with the City offices hereinbefore enumerated, or with the Courts of the said City, to the said new building so erected and built, whereof public notice shall be immediately given in such manner as the said The Council shall direct, and from and after such removal the respective City Courts now held shall be held in such new building, and the said public offices mentioned shall be kept in said new building, and the said new building shall be deemed and taken to be used as and for a municipal building for the City of Wilmington, and all processes of the respective Courts of the said City shall be tested at and be returnable to the said new building in the City of Wilmington, and all laws of this state having reference to the general administration of justice or the public affairs of the said City shall be read and construed in accordance herewith.

Removal of books and

records

Same Commissioners may

Section 8. Nothing contained in this Act shall prevent serve on Coun- the said Judges in appointing the said Commissioners Commission from naming the same persons who may be appointed to

ty Building

OF THE CITY OF WILMINGTON.

serve for the erection and furnishing of a County building for New Castle County, nor shall anything herein contained be construed to prevent the construction of a joint municipal and county building, provided, however, that that portion of the said building constructed by Part constructmunicipal funds shall belong to and be the property of al funds to be The Mayor and Council of Wilmington.

ed by municip

city property

sioners

Section 9. The said Commissioners shall each receive Compensation in full for their services the sum of Two Hundred and of CommisFifty Dollars a year, provided, however, that no Commissioner shall be entitled to receive in any event more than the sum of Five Hundred Dollars, and no Commissioner shall directly or indirectly receive any further compensation for his services in connection with the duties imposed upon him by the provisions of this Act.

Section 10. All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved February 26, A. D. 1913.

OF THE CITY OF WILMINGTON.

State Judiciary
to appoint
the New Castle
County Build-
ing Comms-
sion

CHAPTER 201.

OF THE CITY OF WILMINGTON.

AN ACT to provide for the erection and furnishing of a new County
Building for New Castle County.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

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 NEW CASTLE COUNTY BUILDING COMMISSION." The Levy Court of New Castle County shall have the right to nommay nominate inate one member of the said Commission who shall be

Levy Court

one member

Vacancies

Term of office

Four Judges

persons

selected

appointed by the said Judges unless they see good cause
to the contrary, and the Levy Court shall nominate an-
other or other person until some one shall be found ac-
ceptable to the said Judges. In case of a vacancy in the
said Commission by reason of death, resignation or oth-
erwise, the said Judges shall appoint some person to fill
the vacancy thus occasioned.

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 must agree on 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

and selecting

Section 2. The said The New Castle County Building Commission shall, as soon as practicable after their appointment, organize by electing a Chairman, Treasurer Commission to and Secretary, and shall have authority to elect such electing officers other officers and employ such agents as from time to help time may be desirable. Any officer or agent of the Commission shall hold his office or employment subject to the may be Agent or officer pleasure of the Commission which may at any time remove him and fill the vacancy thus occasioned.

removed

for and erect

Building

Section 3. The said The New Castle County Building To acquire land Commission shall acquire for New Castle County (the County title to be taken in the name of "The State of Delaware for the use of New Castle County") some suitable place in the City of Wilmington for the erection of a County 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, equip and furnish a County Building suitable for a Court House and County Offices. And for this purpose the said Commission shall have authority to purchase or acquire such materials and enter into such contracts as in its judgment may be necessary. Should it be thought desirable by the said Commission to widen any street Widening abutting upon the lands and premises to be used for the said County Building, they shall so certify to the Levy Court, and the said Levy Court is hereby authorized and directed to convey unto The Mayor and Council of Wilmington for the purpose aforesaid a strip of land not exceeding twenty feet in width, to be used by the said City as a street and public highway. The conveyance shall be made by a deed signed by the President of the said Levy Court and the Clerk of the Peace for New Castle County, and shall be under the seal used by the said Levy Court.

Section 4. In case the said The New Castle County

of streets

OF THE CITY OF WILMINGTON.

Building Commission shall for any cause be unable to agree with the owner or owners for the purchase of any through Com- lot or lots of land selected by the said Commission as

Condemnation proceedings

mittee of free

holders appointed by any Judge

To be sworn or affirmed

Notice given

To assess damages

If owner is unknown

aforesaid for the purpose aforesaid, any Judge of the
Superior Court, upon application of the said Commis-
sion, 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 owner or owners will sustain by reason of tak-
ing 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 free-
holders 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 Chair-
man of the said The New Castle County Building Com-
mission 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 commis-
sion. 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 The New Castle County Building Commission or
any owner or owners of such land to the Prothonotary of
the Superior Court for New Castle County, he may is-
sue 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 re-
port shall be final. And in case the owner or owners of
said lands shall be incapable, unwilling or neglect or re-.