Evening journal., 1914-12-10

within ten days after the filing OF such
return. Ii review be not applied for
in due time, the return Of the original
commission shall be conclusive MS to the
amount Of damages II the return Of
any two commissions correspond as to
the amount of damages, such amount
shall be conclusive. But if there be
more than one return and none conclu-
sive, under the aforegoing provisions,
the Judge shall confirm such one Of them
as he shall deem most Just and the re-
turn SO confirmed shall be conclusive.
The judge may set aside return of a
commission for gross inequality or in
equity. The Judge shall have power 10
fill any vacancy in a commission There
shall be allowed TO the commissioners
for their services. three dollars per dav,
to be paid by said corporation The
amount Of damages being 50 ascertained,
the said corporation may pay or tender
the same to the person or persons en-.
titled thereto within two calendar
months after the same shall have been
finally ascertained, or If the person or
persons 50 entitled reside out of, or are
absent from the city during said period
OF two months then the same may be
deposited to his or her credit IN the
Farmers Bank Of Delaware, al Will
mington. within said time, and there
upon the said property or right may be
taken or occupied for the use aforesaid.
Whenever damages shall have been as
sessed to any owner or owners Of any
property or right under the provisions
Of this section and the said corporation
shall fail, omit or neglect TO pay or ten
der the amount of said damages To the
person or persons entitled to the same,
or to deposit the same in the manner
and within the time herein provided for
such payment. tender or deposit, no fur
ther application or proceeding shall be
made or had for the taking or occupy.
ing Of the same property or right for
which said damages were assessed, until
after the expiration Of one year from
and after the said assessment In anv
proceedings hereafter taken for extend.
ing any street. no person or persons
shall be entitled to any damages for any
house, building or structure placed or
erected within the City Of Wilmington
after the thirteenth day Of April, A. ID.
1888 upon any ground lying between
lines drawn from the building lines of
sueh street TO the limits Of the city in
the direction which the said street would
take il extended as laid down on the
map Or plan of the City of Wilmington.
Section l02. 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 OF any person interested. nm
less notice OF the intention TO applv
therefor be first published for tho
period of thirty days prior to such
application in two of the newspapers
published in said city, and after such
publication the proceedings shall be
the same as provided in Section 1Ot,
and the commissioners shall assess
the damages to all persons damaged
and shall also determine who shall
the road or highway or the
various parts thereof SO vacated.
Section 1903. In any proceeding taken
lot 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 the requil ements
OF Section l0l, shall contain a further
command that (after assessing the
damages that may result FRI m the
extending, widening, or laying out or
opening of such street. highway. lane
or alley for the property or ground
necessary TO be taken or orcunied
taking into consideration all The cir
cumstances Of benefit and convent
ence as well as of detriment to re-
SUIT, the said commissioners shall
the probable entire cost Of
such contemplated Improvement in
Guiding damages to the property nee
essary TO be taken or occupied there
Tor, and after giving timely notice Of
their time and place Of meeting and
opportunity to persons interested to
oe heard, that they make an allot-
ment, apportionment. assessment and
division of such portion as they shall
deem Just and reasonable OF such es-
timated cost upon and among theI
properties. which will, in their iude-
ment or that of a MAJORITY OF them.
pc especially benefited by such inn
provement, according and in pro-
portion to the quantity and extent Of
such benefit In forming such iudg-
ment all property shall be deemed
specially benefited by such proposed
Improvement which, in the Judgment
ol the commissioners, may be bene-
hted thereby beyond the value of anv
detriment which can occur to IL there
from, and in either case beyond the
benefit which inures to any propertv
IN said city generally, by reason of
such improvement. The commission
ers having made such allotment an
portionment, assessment and division
OF such portion OF such estimated
cost shall make return thereof ~
the said Judge, who shall file tho Same
WIN the assessment or damages wifi
the Board Of Commissioners az said
CITY which shall cause to be entered
such assessment In the record
or lien book kept for that purpose
And the same being so recorded shalI
De lien upon the land SO assessed
as IN cases OF special assessment FOR
sewers, curbs, pavements. street con
struction or other improvements. The
return Of one commission for assess
ment for benefit shall not he conclu-
slNe, but in regard to reviews an
polnt1heht OF other commissioners. re-
turns and conhrmations. the corpor-
atlon and other persons interested
snall nave the same rights, and the
luuge the same power and authority
ana the effect of confirmation. and the
assessment Of damages to or owners
OF property or rights under Section
l01 Of this act. e0''ou
section lO4. The city shall not be
responsible for any damages that NAV
result to persons or property nv rea-
son Of any hole, excavation. obstruc-