KENT COUNTY. 3183

P. L. L., 1888, Art. 15, sec. 62. 1882, ch. 201.

106. Whenever any owner of such property refuses or declines to act
under the preceding section, or is unknown or inaccessible to said com-
missioners, or incompetent to contract, said commissioners may proceed
as directed in the preceding section, after giving public notice of their
intention by advertisement in some newspaper published in Kent county
for three successive weeks before commencing such opening, widening or
extension; except that the county commissioners shall appoint one of the
parties to estimate and award said damages and advantages in the place
of the owner of the property, and from such award appeals may be taken,
as provided for in the preceding section.

P. L. L., 1888, Art. 15, sec. 63. 1882, ch. 201.

107. If any such extension, opening or widening of any street be
through or over any cemetery or graveyard, before said commissioners
proceed to open, widen or extend such street, they shall give notice by
advertisement in some newspaper printed in Kent county, once in each
of three successive weeks, warning all persons interested in that portion
of said graveyard or cemetery, through or over which said street is to
run, to remove the tombstones and remains of all persons buried in that
portion of said yard, and upon the failure or refusal of the friends or
relatives of such deceased persons to remove them, the said commissioners
shall have said remains removed to some suitable place, and to record a
full account of all such removals on their minutes of proceedings, and
after such removal, they shall proceed as mentioned in the three preceding
sections.

P. L. L., 1888, Art. 15, sec. 64. 1860, Art. 14, sec. 44.

108. The clerk, bailiffs and other officers, before entering upon the
duties of their office, shall severally make oath before one of said com-
missioners that they will faithfully and impartially perform the duties
of their respective offices according to the best of their skill and judg-
ment, without favor, partiality or prejudice.

P. L. L., 1888, Art. 15, sec. 65. 1884, ch. 38.

109. The clerk of the county commissioners is authorized and re-
quired, under the penalty of one hundred dollars, to be recovered on
presentment or indictment in the circuit court for Kent county, to make
out an assessment of all the real and personal property within the limits
of said town, (bank stocks, bonds, notes and other evidences of debt ex-
cepted,) and the names of the persons assessed therewith, and to furnish
the same to the commissioners of said town between the tenth day of July
and the tenth day of August in each year; and the said commissioners may
levy on the property so assessed such sum of money as they may deem
necessary, not exceeding thirty-five cents in the hundred dollars in any
one year, and may appoint and qualify a person to collect the same; and
if the collector of the county taxes for the election or other district in