Plot to be made by surveyor. Sworn. approved by recorded. Certified copy evidence. Expenses paid by city. Compensa OF CORPORATIONS. made by a competent surveyor whom they shall employ for the purpose, and who, before entering upon his duties,shall be sworn or affirmed to faithfully perform the same, according to the best of his skill and judgment. And the said plot being council to be certified under the hands of said commissioners, shall be returned to the said council, and if approved by the said council, they shall indorse their approval thereon, and cause the same to be recorded in the office for the recording of deeds, &c., at New Castle, and a certified copy of which plot shall be evidence in any court in this State as to the acts of said commissioners, and the streets thereby laid out. The expense of said proceeding shall be paid by the said city, and the said tion of com- commissioners shall be entitled to three dollars per diem for missioners. the time engaged in said work, Provided that the said comProviso. missioners shall lay out and extend Washington Avenue from where it meets the New Castle and Frenchtown turnpike, northwardly to the limits of the town of New Castle, as established by commissioners appointed by the act of the General Assembly, passed at Dover, February 23, 1859. The said avenue to be laid out of the width of eighty feet, and the said avenue as now opened and used or hereafter to be opened and used, shall be subject to the provisions of this charter, applicable to other streets of the said city, any act of assembly heretofore passed to the contrary notwithstanding. Washington avenue. To be laid out: how. Subject to, what. When new be opened. Damages to owners of ground taken for streets. SECTION 25. And be it further enacted, That no new street streets may shall be opened by the city council unless upon the application, in writing, of twenty resident freeholders of said city, with the the concurring vote of said council. Before any property or ground shall be taken or occupied for the purpose of extending, widening, laying out 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 as follows, viz.: upon the written application of the mayor, under the direction of the council, and reasonable notice to for commis- the persons interested, if residing in the city, the associate damages. Judge of the Superior Court of this state, resident in New Castle county, shall issue a commission under his hand, directed to five impartial free holders of the said county, commanding them to assess the damages that may result from the extending, widening, laying out or opening of such street, square, lane or alley, to the owner or owners of property or ground necessary to be taken or occupied therefor, taking into conwell as detri- sideration 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 Application sion to assess Benefit as ment con sidered. OF CORPORATIONS. majority Return. part of land. Variance in When con therein appointed. The freeholders named in such commis- Oath. sion, being first sworn or affirmed as in said commission shall be directed, shall view the premises, and they, or a majority All view,of them, shall assess the damages as aforesaid, and shall make may report. 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 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, Commisio 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 assess- Extend to ment 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 of the amounts. original commission, the Judge shall grant a second commis- Second sion of review upon the application of the mayor as aforesaid, review. or of any person interested in the return of 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 clusive. 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 Confirmation as he shall deem most just, and the return so confirmed shall by Judge. be conclusive. The Judge may set aside a return to a commis- May set sion for inequality, in which case he shall issue another com- return for mission in its place. The Judge shall have power to fill any inequality. vacancy in a commission. There shall be allowed the com- Vacancy. missioners for their services, three dollars per diem, to be paid Pay of comby the city council. The amount of damages being so ascer-missioners. tained, the city council may pay or tender the same to the Payment or person or persons entitled thereto, within two calender months tender of after the same shall be finally ascertained, or if the person or damages. 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 New Deposit in Castle, within the said time; and thereupon the said property or ground may be taken or occupied for the uses aforesaid. If upon the application for a review by a person interested, the Costs paid freeholders appointed to assess the damages shall not increase cant, when. the damages of the person so applying. The costs of such review shall be paid by such person or persons so applying. aside a bank, when. by appli Expense of opening OF CORPORATIONS. The expense of opening and grading streets shall be defrayed streets paid by the city. by city. County how to be kept up. Fifty per taxes to be SECTION 26. And be it further enacted, That the county roads in city, roads passing through the limits of the city of New Castle, shall continue to be kept up and repaired by the hundred and county of New Castle as heretofore, and that the road comcent. of road missioners of New Castle hundred, shall, each year after the paid to city passage of this act, pay fifty per cent. of the road taxes laid on and collected from persons and estates within the city of New Castle, to the treasurer of the city of New Castle, for the maintenance and repair of the streets of said city, under the direction of the city council. And this shall apply to and include the road taxes as aforesaid for the year eighteen hundred and seventy five. treasurer. What to include. Charter to go into operation elected. Election. When. By whom held. Notice. Election. hours. Manner. SECTION 27. And be it further enacted, That this charter shall not go into operation until the officers of the city govwhen officers ernment herein provided for, shall have been elected in the following manner. Upon the second Tuesday of April, which shall be in the year of our Lord one thousand eight hundred and seventy five, Edward Challenger, Mark M. Cleaver and William H. Jefferson now acting as town commissioners of the town of New Castle, shall hold an election for the officers proWhere held. vided for by this charter. Said election shall be held at the court house in the said town of New Castle, after ten days' public notice, at the same hours, and in the same manner as is provided for future elections under this charter. At the said election, every male of the age of twenty one years, having reQualification sided within the limits as prescribed for the city of New Castle of voters. by this charter, one year next before the said election, and otherwise qualified to vote at the general election, and none others, shall be entitled to vote. When the polls close, the votes shall be publicly counted, and the persons receiving a plurality of the votes cast for mayor, treasurer, and assessor, respectively, shall be deemed and declared elected; and the determined. five persons receiving the highest number of votes cast for members of council, shall be deemed and declared elected. Certificates of election shall forthwith be made out under the hands of said commissioners or persons holding said election, or a majority of them, and delivered to the officers elected, respectively. If there should be no election of any of the persons voted for, by reason of any two or more persons having an equal and the highest number of votes for the same office, the said commissioners or other persons holding said election, or a majority of them, shall give a casting vote, and the person for whom such vote shall be given shall be declared elect Counting of votes. Election, how Certificates of election, when and how made. Tie, and casting vote. By whom given. OF CORPORATIONS. Mayor elect ed. Immediately upon the result of said election having been declared by the persons holding the same, it shall be the duty of the mayor elect having received a certificate of his election, to take oath to take and subscribe before some justice of the peace in the of office. county of New Castle, an oath, as prescribed in section 6, of this charter, and shall thereupon enter upon the duties of his office, and shall administer a like oath or affirmation to each oath to other of the persons who shall have been declared elected, where- officers. upon they shall enter upon the duties of their office respectively. Administer refusal or ers to hold others to be SECTION 28. And be it further enacted, That in case of the In case of refusal of either or all of the commissioners named in the disability of preceding section to hold such election, or of the death, disa- commissionbility or removal of either or all of them, the vacancy shall election, be filled by such person or persons as shall be chosen for that chosen by purpose, by the persons qualified to vote at such election, who voters shall be present at the court house at twelve o'clock, M., on the day of said election. The said commissioners, or such persons as may be chosen as aforesaid, shall, before opening said elec- Oath to be tion, administer to each other the oath or affirmation prescribed before openfor inspector and assistant inspectors in section 5 of this chart- ing election. er. present. administered acts re SECTION 29. And be it further enacted, That all acts or Inconsistent parts of acts inconsistent with this act, be and the same are pealed. hereby repealed. And that this shall be taken and deemed to be a public act, and published as such. Passed at Dover, February 25, 1875. Public act. CHAPTER 153. OF THE CITY OF NEW CASTLE. AN ACT to Amend Chapter 102 of the 3rd Volume of Delaware Laws. Vol. 3, 223. That chapter 102 of the 3rd volume of Delaware laws, be amended, by striking out the word "town" wherever it occurs Sections 8 and nine of chap, 102, of med volume 3, Harbor Master to collect a certain sum to be fixed by of New Castle. OF CORPORATIONS. in the eighth and ninth sections of the said chapter, and inserting the word "city," and striking out the word commissioners wherever they occur in said sections, and inserting the words "city council;" and also, by adding to the ninth section the following: "and the said harbor master shall have, receive, from vessels, and collect of and from all vessels hauling into the harbor, or city council making use of the wharves and docks of the same, a certain sum, to be fixed by the city council of New Castle, who shall regulate the amount of the same, and the payment of which amount, may be enforced by distress under the warrant of the harbor master, in which case the vessel so distrained upon, shall pay all just costs; the said distress shall be made by any constable; the city council of New Castle, may, by ordinance, give full power and authority to the harbor master to reguDocking of late and direct the docking and hauling of vessels in the said harbor, and may impose penalties for not obeying the same. Passed at Dover, March 23, 1875. Payment. How enforced. vessels. Vol. 10, 593. Corporate name. Corporate powers. CHAPTER 154. DELAWARE CITY. AN ADDITIONAL SUPPLEMENT to an act entitled "An act for the better regulation of the streets of Delaware City, and for other purposes," passed at Dover, March 5, 1851. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, &c., (two-thirds of each branch concurring,) SECTION 1. The style and name of the corporation of the said city shall be the mayor and commissioners of Delaware City, and by that name they shall have perpetual succession, and are hereby made able and capable in law, to have, take, purchase, receive, possess, enjoy and retain to them, and their successors in office, land, tenements, hereditaments, goods, chattels and effects of what kind, nature or qualities soever, and the same to sell, grant,demise, aliene or dispose of, to sue and to be sued, to plead and to be impleaded, defend and be |