No street, etc.

charge until

accepted by Council.

OF CITIES AND TOWNS

amount so agreed upon and with the written consent of the said owner or owners, the said street or other highway, may be at once opened as a public street or highway of said city.

Section 2. No street or other highway now or hereafter to be a public laid out, opened or dedicated to the public, by any private person or corporation shall become a public street or highway of said city or a charge upon it, unless the same shall be accepted as such, by a formal resolution or ordinance of the city council of said city.

Approved, March 10, A. D. 1905.

Section I amended.

CHAPTER 171.

OF CITIES AND TOWNS.

AN ACT to amend an Act entitled "A Supplement to the Act entitled 'An Act to incorporate the City of New Castle,' published in Volume 15, Laws of Delaware, at page 255, etc., and relating to the laying out and opening new streets in said City."

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 therein):

Section 1. That Section I of said Act be amended as follows: Strike out the word "with" in the tenth line of said Section between the word "Highways" and the word "said" and insert in lieu thereof the word "within."

Section 2. That the Secretary of State be and he is hereby authorized and required to publish the Act to which this Act is an amendment as the same is hereby amended.

Approved, March 20, A. D. 1905.

OF CITIES AND TOWNS.

CHAPTER 172.

OF CITIES AND TOWNS.

A SUPPLEMENT to the Act entitled "An Act to incorporate the City of New Castle," published in Volume 15, Laws of Delaware, at page 255 &c. and relating to the laying out and opening new streets in said City.

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 of each House concurring therein):

may widen

streets, etc.,

any property

damages to

Section I. It shall be lawful for the City Council of City Council New Castle, upon the written application of at least twenty streets, etc.. resident freeholders of said city, from time to time and as or open new occasion may require, by ordinance passed for the purpose, when. by a vote of a majority of all the members thereof for the time being, to extend or widen any street, square, lane, road, alley or other highway, now laid out or opened or to be laid out or opened; and to lay out and open, any and all necessary new streets, squares, lanes, alleys or other highways, within said city, which they may deem proper, whether the same be upon any plot of said city or not. But before any prop- Before taking erty or ground shall be taken or occupied for the purpose council must of so extending, widening, laying out or opening of any such pay or tender street square, lane, road or other highway, under the pro- owner. visions of this Act, 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 said damages shall be assessed and determined and paid in accordance with, and in the manner and mode of proceeding, specifically set forth in Section twenty-five of the said Act to incorporate the City of New Castle, published as Chapter 152 of Volume 15, Laws of Delaware; and for this purpose the said Section twenty-five is hereby incorporated in and made a part of this Act, as fully as if herein set forth in its very words. Provided however, that if the owner or owners of said proper- Proviso. ty or ground to be taken, shall consent thereto, and agree in Condemnation writing upon the amount of damages to be paid, then no con- when damages demnation proceedings shall be necessary, and upon pay- are paid. ment of the amount so agreed upon and with the written

may be omitted

agreed to and

No street, etc. to be a public charge until accepted by Council.

OF CITIES AND TOWNS.

consent of the said owner or owners, the said street or other highway, may be at once opened as a public street or highway of said city.

Section 2. No street or other highway now or hereafter laid out, opened or dedicated to the public, by any private person or corporation shall become a public street or highway of said city or a charge upon it, unless the same shall be accepted as such, by a formal resolution or ordinance of the city council of said city.

Approved, March 20, A. D. 1905.

Election.

Commission

ers, assessor and treasurer.

Officers at
Election.

Voters.

CHAPTER 173.

OF CITIES AND TOWNS.

AN ACT to re-incorporate the Town of Odessa in New Castle County.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch of the General Assembly concurring):

Section 1. That an election be held in the town of Odessa, New Castle County, on the first Monday of April next, and on the same day yearly, from one till four o'clock P. M. for five commissioners, an assessor and treasurer, all of whom shall be residents of Odessa. Four of said Commissioners and assessors shall be freeholders. The votes shall be received by the justice of the peace, oldest in commission in said town, at the Town Hall or other suitable place, and the result of the balloting shall be ascertained by the said justice, and two citizens of the said town, selected by himself, to assist in holding said election. At said election every person residing within the limits of said town having the right to vote at the general elections in this State, and who shall have paid the town tax last assessed to him, shall

OF CITIES AND TOWNS.

Judges of

Commissioners

The said Judges not to

settle tie vote.

have the right to vote. And the said justice (hereby declared to be the Alderman of said town) and the two citizens aforesaid, shall be the judges of said election, and decide on the Election. legality of the votes offered. Immediately after the election Election to be is closed the votes shall be counted, and the three commis- canvassed by. sioners having the highest number of votes shall be declared elected for two years, and until their successors be duly Terms of qualified, and the two commissioners having the next highest number of votes shall be declared elected for one year, and until their successors be duly qualified; and the persons having the highest number of votes, as such, shall be declared elected assessor and treasurer, and until their successors be duly qualified. In case of a tie vote for such Tie vote.. commissioner, assessor or treasurer, voted for at said first election, the said justice and two citizens aforesaid shall decide by their ballots, who of those voted for shall be Commissioners for two years, and who for one year, and also who shall be assessor and who treasurer for one year, and until their successors be duly elected and qualified. justice and two citizens aforesaid shall not vote for Com- vote except to missioners, assessor and treasurer, at the said first election, except in case of a tie vote, as herein provided. Immediately Minute of after such election, and all subsequent elections under this election. act, the person or persons under whose superintendence such election is held, shall enter in a book, provided for that purpose, a minute of the same, showing the name or names of the person or persons chosen commissioner or commis- Certificate of sioners, also the names of the persons chosen assessor and treasurer, and shall subscribe the same, and give to each of the persons so elected written notice thereof. The book containing the minutes of such proceedings shall be kept by Book to be the Alderman, and shall be evidence at every election subse- kept by quent to the first herein provided for. There shall be elected in addition to an assessor and treasurer, two members of the town commissioners, (and on alternate years three members) of the town commissioners to serve for the term of two years as successors to the members whose terms of office shall at Successors. that time expire, and shall likewise elect to fill vacancies or Vacancies. unexpired terms occasioned by death, resignation, removal, or otherwise, of said commissioners. At all such subsequent elections the said Alderman and two citizens aforesaid, qualified in other respects, may vote for commissioners,

election.

Alderman.

Absence of

election to be

Notary Public.

OF CITIES AND TOWNS.

assessor and treasurer. That whenever there shall happen to Justice of l'eace be no Justice of the Peace residing in the town of Odessa, a held by oldest Notary Public residing there (or if there be more than one, the oldest in commission) shall be, and he is hereby authorized to have and exercise all the powers conferred on the Justice of the Peace oldest in commission in said town, in and by this Section. Written or printed notice of all elections shall be posted by the said Justice of the Peace or Notary Public in three of the most public places in said town, at least ten days before the day of election.

Notices of election.

Surveyor.

Plot.

Recorded.

Section 2. That the commissioners first elected shall, within sixty days after notice of their election, employ a surveyor, and cause to be surveyed and plotted the said town of Odessa, establishing boundary lines and marking and describing on said plots the streets, roads, lanes, alleys, or other passes, the ditches, water-courses, ponds of water and low grounds, and shall, when such services are performed, return said plot with proper description and explanation, under their hands or the hands of a majority of them, to the Recorder's office at New Castle, there to be recorded, and the original, as also the record, or certified copy thereof, Commissioners shall be evidence. All the commissioners shall act, but a and Surveyor decision of a majority shall govern. The said Commissioners, also the surveyor, shall be severally sworn or affirmed to discharge their duties faithfully and impartially and according to the best of their skill and judgment, and the said return shall show this qualification was complied with. The Alderman may qualify said Commissioners and surveyor, or they administered. may qualify each other, to the performance of their several duties.

sworn.

Oath, by whom

Incorporation.

Name.

Corporate powers.

Section 3. That the commissioners hereby elected and their successors in office shall be a body politic and corporate, in fact and in law, by the name of the commissioners of Odessa, and shall have full power and capacity to sue and be sued by that name; they shall, in addition to the powers hereinbefore conferred, have power to regulate the streets, lanes, alleys, and sidewalks of said town, and may direct the latter, or such part thereof as they may determine, (under Street paving. certain restrictions hereinafter mentioned) to be paved or otherwise improved, at the expense of the owner of the ground adjacent, and, on complaint of any citizen, to ex