Evening journal., 1912-02-22

.
shall be made or had for the taking
or occupying Of the same property or
right for which said damages were
assessed, until, after the expiration of
one year from and after the said as
| sessment In any proceedings here
after taken for extending any street,
no person or persons shall be entitled
to any damages for any house. build
ing or structure placed or erected
within the City OF Wilmington after
the thirteenth day of April, A. ID.
1888, upon any ground lying between
Ines drawn from the building lines
of such street to the limits Of the
City in the direction which the said
street would take if extended as laid
down on the map or plan of this City
of Wilmington
Sec. 1872. No public or private road
or highway within the limits of said
City shall hereafter be vacated,
either upon the application OF the cor
poration or any person interested. un-
less notice of the intention to apply
therefor be first published for tho
period of thirty days prior TO such ap-
plication in two of the newspapers
published in said City, and after
such publication the proceedings shall
| be the same as provided in Section
Isl, and the commissioners shall as
sess the damages, to all persons dam
aged and shall also determine who
! shall enclose the road or highway or
the various parts thereof so vacated.
Sec. 1873. In any proceeding taken
for extending widening, laying out.
or opening any street, highway, lane
or alley under the provision of this
act, the commission to be issued by
any Judge of the Superior, Court of
this State residing in New Castle
County, in furtherance of that pur-
pose, in addition to tho requirements
Of Section 1872, shall contain a fur
Their command that (after assessing
the damages that may result from the
extending. widening. or laying out or
opening of such street highway, lane
or alley for the property or ground ne
cessary to be taken or occupied there.
for, taking into consideration all the
circumstances of benefit and convent
ence as we'll as of detriment to re-
sult) the said commissioners esu-
mate the probable entire cost of such
contemplated improvement. including
damages TO the property necessary 10
be taken OF occupied therefor, and af-
ter giving timely notice Of their time
and place Of meeting and opportunity
to persons interested to be heard that
they make an allotment. appOrtion-
ment, assessment and division of such
portion as they shall deem just and
reasonable of such estimated cost
upon and among the properties, which
will, in their judgment, or that of a
majority of them, be especially bene-
, ited by such improvement, according
and in proportion 10 the quantity and
extent of such benefit In forming
such judgment all property shall be
deemed specially benefited by such
proposed improvement which, in the
judgment of the commissioners, may
be benefited thereby beyond the value
Of any detriment which can occur to it
thereby, or which may be benefited
thereby without any detriment there
from. and in either case beyond the
benefit which inures to any property
in said City generally. by reason OF
such improvements. The commission
ers having much such allotment ap-
{ portionment, assessment and division
, of such portion of such estimated cost
, shall make return thereof to the said
Judge, who shall file the same with
, the assessment Of damages, I'm the or
fice of the Department of Assessments
! which shall certify the same TO the De
partment of Receipts and Disburse-
ments and the City Treasurer shall
! cause to be entered such assessment
I'm the record or lien book kept for
, that purpose. And the same being SO
, recorded shall be lien upon the land
: so assessed as in cases of special as
/ sessment for sewers curbs, pave
ments, street construction or other
, improvements. The return Of one COM
: mission for assessment for benefit
= shall not be conclusive but I'm re-
gard to reviews, appointment Of other
commissioners, returns and confrma-
tions, the corporation and other per-
sons Interested shall have the sama
rights, and the judge the same power
, and authority, and the effect Of con-
d firmation, and the costs shall be the
u same as In the case of proceedings for
u assessment of damages to or owners
}, of property or rights under section ISL
i of this act.
= Sec. lS4. Franchises shall only be
i granted in the following manner; All
Q applications for franchises shall first
a be presented to the Board of Admins
j. tration and if the same be approved
], by a majority Of said Board. the
e Council may, by ordinance, grant the
IT franchise as approved by said Board.
II DEC. 100. / ne ONneI OF any Dlcm-
j. ises fronting upon any foot ways
j. shall be solely responsible for any
q damage that may result TO persons or
n property by reason OF any hole exca-
" vation or obstruction I'm or upon such
If footways, or from any defective con-
If dition of such fOotways' provided that
n such hole. excavation obstruction or
N other defective condition of the foot
= ways aforesaid is not caused by the
n corporation or any Of its authorized
> agents
- Sec. 1856. Until such time as Coun-
10 Gil shall by ordinance prescribe for
a method of assessment and taxation
Of telegraph. telephone, water, cleo
trio light. gas. street railway heat
and power companies. or any OF them,
operating in the said City. the said
corporation shall collect and receive
= annually from such companies or any
% Of them the taxes prescribed by Sec
ton 16. Chapter III. Volume "a, Laws
g. of Delaware. and the statement there
OF in directed to be filed with the ClerR
lr Of Council shall be filed after the fr93
s. day Of July. A. d.. 1913 in the Depart
e. ment Of Assessments
li Sec 1877. This act shall he con
re strued most favorably for the corpor-
rs alton and all acts or parts Of acts in
er consistent with or manifestly super
n. ceded and supplied by the provisions
s. Of this act are hereby repealed.