Grades. Crossing tracks of railway Section 8, Chapter 432, OF RAILROADS. formed as near as may be to the grades which now are or hereafter may be established for any street over which the same shall be located and shall not interfere with the proper and free access to the culverts, water and gas pipes in said city. The said railway may cross any track of any railroad company now incorporated or which hereafter may be incorporated, whether the same is a steam railway, horse railway, or a railway of any other description; provided that if it crosses said track at grade it conform to the grade of the track to be crossed, but nothing herein contained shall prevent said company from erecting, constructing, operating and maintaining either overgrade or undergrade crossings where, in the discretion of its directors, it may be deemed advisable." By inserting after the figure "8" and before the word "if," in the first line of Section 8 of said act, the words folamended. lowing, to wit: "Whenever it shall be deemed by the Occupying directors necessary to enter upon and occupy any lands, lands. Commis. sioners to view lands and assess damages. tenements or hereditaments (for the use of said corporation) if the owner or owners of such lands, tenements or hereditaments be not known, or be under the age of twenty-one years, or if the directors and such owner or owners cannot agree upon the compensation to be made therefor, the Superior Court for New Castle county in term time, or any judge of the same, in vacation, shall, upon application by the company, appoint, subject to the limitations hereinafter contained, five commissioners (who shall be freeholders) who shall go upon the premises, first giving notice of the time and place of their meeting to the president of the company [and] to the owner or owners of the premises if residing within the county, otherwise such notice shall be given to the tenant in possession of the premises. The commissioners being sworn or affirmed to perform their duties with fidelity shall assess fairly and impartially the damages of such owner or owners to be sustained by the premises being taken for the use of the company, taking into consideration all the advantages to be derived to the owner or owners by reason Certificate of of said railway, and shall certify their proceedings, with proceedings. their assessment, under their hands and seals, or the hands and seals of a majority of them, to the company; whereupon the said company, upon recording the same in the office for Payment of recording deeds in and for New Castle county, and paying to the owner or owners of the premises the damages assessed, as aforesaid, or depositing the same to the credit of such Oath of Commissioners. damages. OF RAILROADS. owner or owners in the Farmers' Bank of the State of Delaware, at Wilmington, shall become entitled to hold, use, occupy and enjoy the said premises, exclusively to it, its successors and assigns forever; provided that either party, Proviso. being dissatisfied with the damages so assessed, may, on application to the Prothonotary of New Castle county, within ninety days after such assessment shall have been recorded as aforesaid, sue out a writ of [ad] quod damnum, requiring the writ of ad Sheriff of said county, in the usual form, to inquire by twelve quod damimpartial men of his bailiwick, under oath or affirmation, of the damages aforesaid. The assessment of the jury duly Assessment made and returned by the Sheriff shall be final. If increased damages are found by the jury the increased amount shall be paid or deposited by the company as before provided, and if the damages be reduced the owner shall refund the amount diminished. The cost of the inquisition shall num. final. missioners be paid by the unsuccessful party. The fee of a commis- Fee of Comsioner shall be one dollar per day, to be paid by the com- and jurors. pany, and of a juror, one dollar and fifty cents. The works of said company shall not be delayed by such application for a writ of ad quod damnum, but upon payment or de- No delay by posit, as hereinbefore provided, of the damages awarded by quod damcommissioners, the title of the company to enter upon, use, m. occupy and enjoy the premises inquired of and to hold the same, to it, its successors and assigns, shall become vested and perfect. writ of ad capacity of sioners. Proviso. Should a commissioner appointed under this section die or Death or inbecome incapable of acting before the commission is exe-Commiscuted, any judge of the Superior Court may fill the vacancy; Vacancies, provided that the provisions of this section shall not be used how filled. or operative to acquire or use the tracks of said Wilmington City Railway Company, or rights, powers or privileges in the streets where its lines are operated, extended, or where extensions have been heretofore consented to by the Street and Sewer Directors of Wilmington; and provided further, that the Front and Union Street Railway Company shall not enter upon any streets or roads to lay tracks, or erect wires or poles, without the consent of the duly authorized authorities of the city or county, as the case may be, and that the said company shall be required to pave within the rails of their tracks, and for the distance of three feet on either side thereof, and keep the same in good repair, and shall not interfere with the proper and free access to the culverts, water, gas, and other pipes for the public use in the said city. And the OF RAILROADS. said company shall not at any time be allowed to charge a greater amount than five cents for any one fare or ticket or ride in their cars through the said city. Passed at Dover, April 8, 1891. Chapter 488, amended. CHAPTER 189. OF RAILROADS. AN ACT to amend the Charter of the "River Front Railroad Company." Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch of the Legislature concurring herein): SECTION I. That the act entitled "An act to incorporate Volume 13, the River Front Railroad Company," passed at Dover, January 21, 1869, being Chapter 488 of Volume 13 of the Laws of Delaware, be and the same is hereby amended as follows, to wit: Section 4 amended. Section 6 amended. By inserting in Section 4 of said act, after the word "Wilmington" and before the word "for," in the third line thereof, the words following: "or at the office of the Edgemoor Iron Company in Brandywine hundred, New Castle county, Delaware." By inserting in Section 6 of said act, after the word "Wilmington" and before the word "and," in the third line. thereof, the words following: "or at the office of the Edgemoor Iron Company in Brandywine hundred aforesaid." Passed at Dover, April 22, 1891. OF RAILROADS. CHAPTER 190. OF RAILROADS. AN ACT to authorize the Delaware, Maryland and Virginia Railroad Company to Construct a certain Branch Railroad. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (twothirds of each branch of the Legislature concurring therein) as follows: railroad. lands. SECTION I. That it shall and may be lawful for the Dela- Branch ware, Maryland and Virginia Railroad Company to locate, construct, maintain and operate a branch of railroad of one or more tracks, commencing at a point on its main line, at or near Harbeson, in the county of Sussex, and extending thence to the town of Milton, and terminating at a convenient point on the south side of the Broadkiln river. And Acquiring for the purpose of enabling it to acquire the necessary lands for the right of way for said branch, it shall have, be Powers, possessed of and exercise all the powers, rights, and reme- rights, etc. dies which were possessed by the Junction and Breakwater Railroad Company in the location and construction of its railroad. Provided, however, that work on said branch shall Proviso. be bona fide commenced within nine months, and the same shall be completed and put in operation within two years, or the power conferred by this act shall cease, terminate and become void. SECTION 2. That this shall be a public act, and power to Public act. revoke the same for cause is hereby expressly reserved to the Legislature. Passed at Dover, May 4, 1891. OF RAILROADS. Section 1, Chapter 155, amended. Delaware Railroad authorized the New Castle CHAPTER 191. OF RAILROADS. AN ACT to amend Section I of the act passed at Dover April 13, 1887, entitled "A further additional Supplement to the act entitled 'An act to incorporate the Delaware Railroad Company.'" 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 Legislature concurring), as follows: SECTION I. That Section 1 of the act, passed at Dover, Volume 18, April 13, 1887, entitled "A further additional Supplement to the act entitled 'An act to Incorporate the Delaware Railroad Company,'" be and the same is hereby amended by inserting between the words "and" and "the" in the tenth line thereof, the following, viz: "the point where said line of railroad intersects the Shellpot branch or cut-off north of the Christiana river, and near to;" and that the said section be and the same is hereby further amended by striking out all of said section after the figures "1877" in the thirtieth line thereof, and inserting the following in lieu of the part so stricken out, to wit: "And it shall also be lawful for the said the Delaware Railroad Company, and Company it is also expressly authorized and empowered, to purchase to purchase of and from the Philadelphia, Wilmington and Baltimore Railroad Company, and the latter corporation is hereby likebranch or wise authorized and empowered to sell and convey unto said first mentioned corporation, all that certain other line of railroad, situated in the said county of New Castle, in the State aforesaid, known as the New Castle branch or cut off, extending from a point near State Road Station to its intersection with the Shellpot branch or cut off near to and on the southwest side of the Christiana river, including all real estate, rights of way, stations, station grounds, rails, ties, bridges, switches, side tracks and all other property and appurtenances used or intended to be used as a part of or in connection therewith; the same being one of the branch railroads authorized by and constructed under the act passed at Dover, February 4, 1885, entitled "A supplement to the act entitled an act to authorize the Philadelphia, Wilmington and Baltimore Railroad Company to widen and improve its limits of railroad within this State," passed at Dover, Feb cut off. |
