To keep account of receipts and expenditures

Repairs to streets

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and of the other transactions of his office, and shall report the same each month at the stated meeting of Council, and shall annually at the stated meeting in the month of March, make and exhibit to the Council an accurate and true statement of the condition of the City finances, showing in detail all expenditures and on what account made, and the Council shall cause the same to be published for the information of the inhabitants of the City within ten days after its reception. And he shall at all other times, upon the requirement of the Council exhibit to it books of his office and an account of the condition of the finances of said City, and he shall pay over to his successor in office all moneys belonging to said City that may remain or be in his hands and deliver to him all securities, books of account and other property of the City.

Section 23. The Council is authorized and empowered to fix, reset, renew and repair curb stones and gutters where necessary and proper to be done agreeably to the true regulations of the streets and alleys of the City, and when the work is done shall present a bill of the Cost to abut- costs and expenses to the abutting owner or owners ac

ting owners

cording to their respective proportions, and it shall be the duty of such owner or owners to pay such cost and expense; if any of them shall not within thirty days af ter the presentation of the bill as aforesaid pay the amount of the same to the treasurer of the City, suit may be brought against such owner or owners in the name of the corporation for said costs and expenses and judgment recovered and execution issued in the usual way provided by law for the collection of debts. The lien of such judgment shall relate back to the date of the completion of the work and shall be prior to all liens created or suffered by the owner. A record of the work done as above and a list of the costs and expenses assessed for the same against the several owners shall be kept by the Council.

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abutting own

concerning

brought in case

refusal

Whenever the Council shall have determined by reso- Notice to lution or ordinance, that any paving of a sidewalk is ers by Council necessary and shall be done, or any gutters shall be made paving or or cut or kept cleaned, they shall notify the owners of gutters the land in front or abutting on whose premises the same is to be done, cut or kept clean, particularly designating the nature, extent and character of the work they deem necessary to be done; and thereupon it shall be the duty of such owner to cause said paving, cutting of gutters or keeping said gutters clean, to be done in conformity with said notice. In the event of any owner neglecting to comply with said notice for the space of thirty days, in respect to said paving or cutting of gutters, and for the space of ten days in respect to keeping said gutters clean, the Council may proceed to have the work done and to recover the costs and expenses thereof by distress Suit to be and sale of the goods and chattels, within the City, of of neglect or such owner so neglecting; or suit may be brought against said owner, in the name of "The Mayor and Council of New Castle" for said costs and expenses, judgment recovered and execution issued and proceeded upon in the usual way provided by law for the collection of debts. In all cases of sale however by distress, notice thereof of the day, hour and place of sale, and a description of the property to be sold, shall be given by public advertisements, posted in at least ten public places in the City. The proceeds of any such sale shall be first applied towards paying the costs and expenses as contemplated by this Act, and any and all surplus thereafter remaining shall be given or returned to the owner of the property so taken and sold. And the Council shall also have the additional authority to enforce all the requirements of Fines and penthis section by such fines and penalties as shall be neces- this section sary and proper, and prescribe the manner of enforcing the same. No person or persons shall be obliged to pave any footway to a greater breadth than four feet from the curbstone in front of any lot wherein a dwelling

alties to enforce

Sewers

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house shall not be erected, nor to any breadth in the rural and suburban portion of said City.

The Council shall also have the power to direct the owner or owners of any house, situate on any street where there is or may be a sewer main, to connect such property with such sewer main; and if such owner or owners refuse or neglect so to do for twenty days like proceedings may be taken against the owner or owners and remedy had by the City as in the case of the paving of sidewalks or laying of gutters.

If there be more than one owner of the premises afected by the paving, repaving, making, repairing or cleaning of gutters, or connecting with sewers, notice to one shall be deemed sufficient, and if there be no owner of the premises resident in the City, notice to the agent of said owner or to the tenant thereof shall be deemed Post notice en sufficient, and if there be no agent or tenant then the posting of the notice on the premises shall be sufficient.

premises when

no owner

Paving of a roadway

Location or laying out of new streets

Upon the petition of the property owners on any street for one or more squares, the Council may cause the roadway of that portion of the street within said square or squares to be paved at the expense of the said property owners, and shall proceed and have the same remedies in the manner provided in this section for the fixing of curbs.

Section 24. The Council may at any time it may deem it necessary, locate and lay out any new street within the limits of the said City, whether the same be surveyed and embraced within any plot of said City or not, in such manner as it may deem necessary and proper, and when the said street is so located and laid out by Council and named, a plot thereof shall be made and recorded in the minutes of the Council, together with the proceedings relating to the same.

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No street or road laid out or opened by any person or corporation shall become a public street or road of the City or a charge upon it, unless the same shall be accepted by formal ordinance or resolution of the Council.

opening of a new street

Section 25. No new street shall be opened by the Application for Council unless upon the application in writing of twenty resident freeholders of said City, with the concurring vote of said Council. Before any property or ground shall be taken or occupied for the purpose of extending, widening, or opening any street, square, lane or alley, the owner or owners of such property or ground shall be paid or tendered such damages as they shall respectively be entitled to receive, which damages shall be assessed, in case the City and the owner or owners cannot mutually agree upon the same, as follows, viz.: upon the written application of the mayor, under the direction of the Council, and reasonable notice to the persons interested, if residing in the City, any judge of the Superior Court. of this State, resident in New Castle County, shall issue a commission under his hand, directed to five impartial freeholders of the said county, commanding them to assess the damages that may result from the extending, Assessment of widening, laying out or opening of such street, square, damages for a lane or alley, to the owner or owners of property or ground necessary to be taken or occupied therefor, taking into consideration all the circumstances of benefit and convenience, as well as of detriment to result to such owner or owners, and to make a return of their proceedings to the said judge, at a time therein appointed. The freeholders named in such commission, being first sworn or affirmed as in said commission shall be directed, shall view the premises, and they, or a majority of them, shall assess the damages as aforesaid, and shall make return in writing of their proceedings in the premises to the said judge, who shall deliver the same to the mayor of the said City. The return upon one commission shall not

new street

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be conclusive, but upon application by the mayor as aforesaid or of any person interested, within fifteen days after the delivery of such return, the said judge shall issue a commission of review, appointing five other freeholders as aforesaid, with like instructions as were contained in the first commission, provided that if a review be granted upon the application of a person or persons interested, the review shall extend only to the assessment of damages made in respect to the person or persons making such application. If the return to a commission of review vary in the damages assessed from the return to the original commission, the judge shall grant a second commission of review upon the application of the mayor as aforesaid, or of any person interested in the return to the commission of review, within ten days after the delivery of such return. If a review be not applied for in due time, the return to the original commission shall be conclusive as to the amount of damages. If the return to any two commissions correspond as to the amount of damages, such amount shall be conclusive. But if there be more than one return, and none conclusive under the foregoing provisions, the judge shall confirm such one of them as he shall deem most just, and the return so confirmed shall be conclusive. The judge may set aside a return to a commission for inequality, in which case he shall issue another commission in its place. The judge shall have power to fill any vacancy in a commission. There shall be allowed the commissioners for their services three dollars per diem, to be paid by the City. The amount of damages being so ascertained, the Council may pay or tender the same to the person or persons entitled thereto within two calender months after the same shall be finally ascertained, or if the person or persons so entitled reside out of or are absent from the City during the said period of two months, then the same may be deposited to his, her or their credit in the Farmers Bank at Wilmington within