OF RAILROADS.

lished

way not to

at grade.

provided, that said railway shall be conformed as near as may To conform be to the grades which now are or hereafter may be established to estabfor any street, road, highway or turnpike over which the same grades. shall be located. And it is hereby further expressly provided, that if the railway to be constructed under the authority of this act shall be so located as to cross the line of any steam Steam railrailroad which is operated by any railroad company, the cross- be crossed ing of said track shall not be at grade, but shall be so made by either an overhead or undergrade crossing that it shall not impede or interfere with the free and safe passage of the engines and trains on the road crossed; and provided further, that the line of railway hereby authorized to be constructed To be begun shall be begun within nine months from the passage of this months and act and the line hereby authorized shall be completed within completed two years from the passage of this act, otherwise this act two years. shall be and become void and of no effect, and all rights hereunder shall cease and determine. And provided further, that the said corporation shall have full power and authority May confrom time to time to enter into such contracts and agreements tract with respecting the use, occupation, maintenance and operation panies. and furnishing power, equipment, and appliances of and to its lines and the lines of other companies, and the transfer of cars and passengers as shall be mutually satisfactory and agreed upon.

within nine

other com

SECTION 7. Whenever it shall be deemed by the directors Use of prinecessary to enter upon and occupy any lands, tenements or perty, how 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 judges of the same in vacation, shall upon application by the company, appoint Commisfive commissioners (who shall be freeholders) who shall go upon the premises, first giving notice of the time and place Duties. 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 of said railway, and

Return.

To be recorded.

damages.

Appeal.

OF RAILROADS.

shall certify their proceedings, with their assessments, 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 recording deeds in and for New Castle county, and paying to the owner or owners of Payment of the premises the damages assessed as aforesaid, or depositing the same to the credit of such owner or owners in the Farıners' 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 being dissatisfied with the damages so assessed may, on application to the prothonotary of New Castle county within ninety days after such an assessment shall have been recorded as aforesaid, sue out a writ of ad quod damnum, requiring the sheriff of said county in the usual form to inquire by twelve impartial men of his bailiwick, under oath or affirmation, of the damages aforesaid. The assessment of the jury duly 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 aforesaid before provided, and if the damages be reduced the owners shall refund the amount diminished. The costs of the inquisition shall be paid by the unsuccessful party. The fee of a commissioner shall be two dollars per day, to be paid by the company, and to a juror two dollars

Costs.

Fees of commissioner. Of juror.

appeal.

per day and three cents per mile going and returning. The Work not work of said company shall not be delayed by such applicadelayed by tion for a writ of ad quod damnum, but upon payment or deposit as hereinbefore provided of the damages awarded by commissioners, the title of the company to enter upon, use, occupy and enjoy the premises inquired of and to hold the

Title to premises.

same to it, its successors and assigns shall become vested and Vacancy perfect. Should a commissioner appointed under this section mission. die or become incapable of acting before the commission is executed, any judge of the Superior Court may fill the

in com

vacancy.

Damage to SECTION 8. If any person or persons shall wilfully damage of company, or obstruct the said railroad, or any part thereof, or hinder or delay the building of the same, or hinder or delay the passage of cars over the same, or damage any of the works or proCivil action perty of the said company, such person or persons shall be liable to the company in a civil action for double the damages sustained and shall moreover be guilty of a misdemeanor and on indictment and conviction thereof shall be fined not

OF RAILROADS.

exceeding three hundred dollars at the discretion of the Fine.

court.

SECTION 9. This act is hereby declared to be an act for public improvement, and shall be deemed and taken to be a public act, and the power to revoke the same at any time for any abuse or misuse of the franchises hereby granted is hereby expressly reserved to the Legislature.

Passed at Dover, May 1, 1895.

CHAPTER 91.

OF RAILROADS.

A SUPPLEMENT to an act entitled "An act to incorporate 'The Gordon
Heights Railway Company," passed at Dover, May 2nd, 1893.

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

branch to

capital

line.

SECTION I. That "The Gordon Heights Railway Coin-Mayextend pany" shall be and it is hereby authorized to locate, extend, point in construct, operate and maintain a branch line of railway Pennsyl from any point on its present line to any point selected by its board of directors in the Delaware and Pennsylvania State line, by such route as said board shall select after careful survey, and shall have power to increase its capital stock May into such amount, from time to time, as may be determined on crease by issuing such amounts of common or preferred stock, or stock. both, as may be deemed proper; provided, that said increase Not to of capital stock shall not exceed the sum of seven hundred exceed thousand dollars; and with respect to the said branch hereby $700,000. authorized to be located and constructed the said corporation shall have and exercise all the rights and privileges, and be subject to all the duties and responsibilities which did or shall belong to or devolve upon said corporation with respect to the railway originally located, constructed and maintained under the provisions of the act to which this is a supplement.

Passed at Dover, May 6, 1895.

OF THE CITY OF WILMINGTON.

amended.

CHAPTER 92.

OF THE CITY OF WILMINGTON.

AN ACT to further amend an act entitled "An act to revise and consolidate the statutes relating to the City of Wilmington", passed at Dover, April 13th, 1883, and amended May 5th, 1891, Chapter 215, Volume 19, Laws of Delaware.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (twothirds of each branch thereof herein concurring):

Chapter215, SECTION I. That Section 119 of an act entitled "An act Volume 19, to revise and consolidate the statutes relating to the City of Wilmington", passed at Dover, April 13, 1883, and amended May 5, 1891, Chapter 215, Vol. 19, Laws of Delaware, be and the same is hereby amended by inserting between the word "owner" and the word "and" in the fortieth line of

Discount

60 days.

said amended Section the following: "And if any account on paving, liened or assessed in the manner aforesaid is paid within within paid sixty days after the date of the presentation of the bill of such assessment to the owner or agent of the property a discount of (5%) five per cent. will be allowed on the face of the bill so presented; and upon all assessments paid after sixty days and on or before ninety days after presentation of the bill the face of the bill shall be payable; and upon all assessments not Interestfter paid within ninety days after the date of the presentation of the bill as aforesaid, interest at the rate of six per cent. (6%) per annum shall be charged from ninety days after the date of such assessments as aforesaid until the same is paid in full; and that the said section be and the same is hereby further amended by striking out the words "within sixty days" in lected out the fortieth and forty-first lines of said amended section and after 1 year. inserting in lieu thereof the words "At the end of one year".

90 days.

T be col

of property

Act retro

active.

SECTION 2. The board of directors of the Street and Sewer Department are hereby authorized to apply the provisions of this act to any and all assessments heretofore made for curbing and paving now existing and uncollected; provided, that nothing in this Section shall operate or be construed to invalidate any assessment or the lien thereof.

Passed at Dover, March 26, 1895.

OF THE CITY OF WILMINGTON.

CHAPTER 93.

OF THE CITY OF WILMINGTON.

AN ACT in relation to the Liens entered against Property for curbing and paving Sidewalks or Streets and the construction of Sewers.

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

be satisfied duction of

SECTION I. That the board of directors of the Street Lien for and Sewer Department of the City of Wilmington, or their paving to successors, shall by resolution from time to time, as occasion upon promay require, cancel and satisfy of record at any meeting of evidence of said board of directors, any and all liens entered against payment. abutting property for the paving or curbing of any footway, sidewalk or street, as well as liens entered for the construction of any public sewer or drain, upon the presentation by the owners or agents of any property liened for purposes aforesaid, of evidence of previous payment to the proper municipal authorities of the City of Wilmington for the whole number of feet contained in the street line of the property of such owners respectively, of any curbing or paving in front or alongside of, or the drainage from said property.

without

payment

erty drain

SECTION 2. Upon the absence of evidence of any previous Lien may payment for liens as aforesaid, the said board of directors be satisfied are hereby authorized, in their discretion, to cancel and evidence of satisfy of record, any and all liens entered subsequent to the where proppassage of the Sewer Lien Law, April 29th, A. D. 1891, ed into a against abutting property, where the property so liened has publicsewer been and is draining into a public sewer previous to and at lien. the time of the entry of the lien, as aforesaid; provided, however, that it shall not be lawful to cancel any sewer assessment or lien made or entered against unimproved land Not to (without buildings or building) abutting a natural water apply to course used for sewage (excepting a natural stream), unless ed land. such cancellation be by payment in the usual manner made and provided.

unimprov

SECTION 3. That all the public acts and doings of the Doings of board of directors of the Street and Sewer Department of Streetornof Wilmington, so far as the same applies to the cancellation of Sewer Deany account liened (under the jurisdiction or control of said made valid.