OF ROADS AND BRIDGES.. ed in newspa reach owner resentatives within the State, then such notice shall be published in some newspaper of the County in which such grade crossing is located at least five days previous To be publishto the intended application and the Resident Associate per if unable to Judge shall appoint five judicious and impartial freeholders of the County to view the premises and make return on a day fixed by such Resident Associate Judge, Resident Judge authorizing the freeholders so appointed to employ, if commission of necessary, a skilled engineer or surveyor, who shall submit to the said five freeholders such maps, plans and specifications as will show the changes required, if any, in the public road and the property or properties adjacent thereto to eliminate such crossing. to appoint a five freeholders damage SECOND: In all cases they shall assess the damages To assess the which the owner or owners or other parties in interest will sustain by reason of the elimination of said grade crossing, whether such damage shall be caused by the County or by any railroad company or companies in making such changes as are required to eliminate such crossing. to be sworn or THIRD: The freeholders named in such commission Commissioners shall be first sworn or affirmed as in said commission affirmed shall be directed, and the return of such commissioners shall be made to the said Resident Associate Judge who Return to be shall file the same in the office of the Clerk of the Peace. ident Judge filed with Res-' one Commis clusive Section 2. The Return upon one commission shall not Return upon be conclusive, but upon application by any party in in- sion not conterest or by the President of the Levy Court of the County upon resolution of said Court, within fifteen days after the filing of such return, the Judge shall issue a com- Commission mission of review appointing five other freeholders as aforesaid with like instruction as were contained in the first commission, provided that if a review be granted upon the application of a person or persons interested, of Review tend only to persons mak cation mission of Review OF ROADS AND BRIDGES. Review to ex- the review shall extend only to the assessment of damaassessment of ges made in respect to the person or persons making ing such appli- such application. If the return to a commission of a review varies in the damages assessed from the return to the original commission, the Judge shall grant a second Second Com- commission of review upon the application of the President of the Levy Court of the County upon resolution of said Court, or of any person interested in the return to the commission of review, within ten days after the filing of such return. If a review be not applied for in due Original Com- time, the return to the original commission shall be conclusive unless clusive as to the amount of damages. If the returns to review is made any two commissions correspond as to the amount of mission con application for! in due time 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 Judge to con- them as he shall deem most just, and the return so confirmed shall be conclusive. firm when no return is conclusive Judge may set aside a return The Judge may set aside a return to a commission for gross inequality or inequity, in which case he shall issue another commission in its place, and the Judge shall have power to fill any vacancy in a commission. There shall be allowed to the Commission for their services Compensation Three Dollars ($3.00) per day. When damages are ascertained pay or tender money Section 3. The amount of damages being so ascerLevy Court to tained, the Levy Court of the County, the duly authorized officers of the State or any person interested may pay or tender the same to the party, parties, person or persons entitled thereto within two calendar months after the same shall have been finally ascertained, or if the party, parties, person or persons so entitled reside out of or arc absent from the county during all or any part of said period of two months, then the same may be deposited to its, their, his or her credit in the Farmers' Bank of Delaware at the County seat of the county OF ROADS AND BRIDGES. wherein such proceedings are instituted within said time, and thereupon it shall be lawful to take or occupy said property or properties and to make such changes as shall be necessary to eliminate such crossing. neglect of Levy damages with time no further lowed until ex two years Section 4. Whenever damages shall have been assess- Omission or ed to any owner or owners of property for the elimina- Court to pay tion of any grade crossing as hereinbefore stated, and in specified the Levy Court of the County, duly authorized officers of application althe State or persons interested, shall omit or neglect to piration of pay or tender the amount of certain damages to the party, parties, person or persons entitled to the same or to deposit the same in the manner and within the time herein provided for such payment or tender or deposit, no further application or proceedings shall be made or had for the elimination of such grade crossing for which said damages were assessed until after the expiration of two years from and after the said assessment. Section 5. That all acts or parts of acts inconsistent with this act be and the same are hereby repealed. Approved March 19, A. D. 1913. OF ROADS AND BRIDGES. Chap. 169, Vol. 26 amended When any rail way company such turnpike ings under this act not to af fect rights & c CHAPTER 169. OF ROADS AND BRIDGES. AN ACT to amend an Act entitled “An Act Concerning Public Roads and Bridges", being Chapter 169, Volume 26, Laws of Delaware, Approved March 7th A. D. 1911. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That Chapter 169, Volume 26, Laws of Delaware, be amended as follows:-By striking out all of Sections 7 and 8 of said Act and inserting in lieu thereof the following: "Section 7. That if at any time, when any proceedis operating on ings are instituted under the provisions of this Act, any road proceed- railway company shall have its rails and tracks laid along and upon such turnpike road and is engaged in the actual operation of such railway line whether operated by electricity or otherwise, steam power excepted, then in that event, the proceedings under this Act shall not in anywise affect the rights, powers and privileges of such railway company in, on and to said turnpike road, but all the rights, powers and privileges of such railway company in, on and to said turnpike road shall be preserved, secured and confirmed, and this Act shall not in anywise be construed to curtail or diminish the rights, powers and privileges of such company, in, on and to such turnpike road. A railway company within the Definition of a meaning of the provisions of this section shall be construed to be a company on whose road the cars, carriages and coaches are propelled by electricity, by cable, motor, or by any improved motor power other than steam. railway com pany under this act |
