Smyrna times., 1912-04-03
AGITATION OVER BOULEVARD
RAISES CONSTITUTIONALTTY
BOULEVARD CORPORATION WANTS EXTRA SESSION
OF LEGISLATURE TO PASS AMENDMENTS
Governor Pennewi Will Get Judges Opinion Before Acting
IN the Matter-Full Text of Amendments to Go Be-
fore Legislature if Extra Session is Called.

shall take into consideration all the
benefits and advantages to be de-
rived by such owner or owners by
reason of such Boulevard. The said
freeholders shall be sworn or affirm
ed before some Judge. Justice of the
Peace, or Notary Public, before en-
tering on or viewing the premises,
faithfully and impartially to per-
form the duties assigned them.
Ten Days Notice in Writing to Owners
They shall give ten days notice, in
writing, to the owner or owners of
the premises or to their guardian or
guardians duly appointed according
to law, if within the State, and the
same to the President of the Boule-
ward corporation. of the time of
their meeting to view the premises; i;
and the said freeholders shall certi-
fly unto both parties their finding
and award, under their hand and
seals, or the hands and seals of a
majority of them, duly acknowledged
before an officer authorized by the
law of this State to take ac-
acknowledgements of deeds; where
upon the said Boulevard corporation.
upon recording the certificate of the
said finding and award in the office
for. recording deeds in and for the
County wherein such land, or ma.
terial, is located and paying to the
owner or owners of the premises, or
to their guardian or guardians. as
aforesaid, the damages assessed as
aforesaid, or depositing the same to
the credit of such owner or owners.
guardian or guardians, in the Farm
ers' Bank of the State of Delaware
in the County wherein such land, or
material, is located, shall become
entitled to take, hold, use, OCCUPY
and enjoy the said land and ma
terial. exclusively to it, its success
sors and assigns, forever. Provided
that, if either party is dissatisfied
with the damages so assessed, such
party may, on application to the
Prothonotary of the Superior Court
of the State of Delaware, in and for
the County where the land, or ma
terial, is located, within thirty days
after such certificate of award of
damages shall have been recorded. as
aforesaid, sue out writ of ad quod
damnum, requiring the Sheriff of
said County, in the usual form to
inquire of twelve impartial men
of his bailiwick of the damages.
as aforesaid, and their report shall
be final. The said FIVE freeho1ders.
hereinabove mentioned, and the said
Sheriff's jury, hereinabove mention
ed. in assessing the damages as
aforesaid, shall award the actual
cash value of the land, sand, earth.
gravel or other materials so to be
taken and used. as aforesaid. de-
creased by the estimated value of
the benefits and advantages to be
derived by the owner or owners of
such land, or material, by reason of
said Boulevard, or increased by the
estimated amount of any special
detriment that will result to any
such owner or overs by reason of
said Boulevard. as the case may be.
Sheriff's Jury and Awarding Damages
If the Sheriff's jury should award
damages exceeding the amount
awarded by the said FIVE freehold
ers, the excess amount shall be paid
or deposited by the Boulevard cor
poration as above provided with re-
spect to the amount awarded by
said freeholders; and if the said
jury should award less damages
than the amount awarded by the said
freeholders. the said owner or
owners, guardian or guardians, shall
repay to the Boulevard Corporation
the amount of such .diminution.
The work of the Boulevard Corpora
tion shall not be delayed by said
application for q writ of ad uuod
damnum but, upon payment or de-
posit, as hereinbefore provided, of
the damages awarded by the free
holders above mentioned and record
ing the certificate of the finding and
award Of said freeholders, as afore-
said, the right and title of the
Boulevard Corporation to enter
upon. take, use, occupy and enjoy
the land and material inquired OF
and to hold the same to it, its sue
cessors and assigns, forever, shall
become vested and perfect. The ex.
penses of the assessment by the
said freeholders of the damages
aforesaid and the fees Of the said
Sheriff and Prothontary and all
costs incurred in the execution Of
the writ of ad quod damnum shall,