5182 ARTICLE 24.

1908, ch. 733. 1920 Code, sec. 20.

21. The Mayor and Council of Berlin shall have full power and au-
thority for laying out, opening, widening, extending, straightening out
and closing up, in whole or in part, and for the grading, regrading, for
shelling and reshelling, for paving and repaving, curbing and recurbing,
and for repairing and keeping in good and proper condition and order
for travel, traffic and other uses the streets, lanes, alleys and thoroughfares
within the corporate limits of said town, whenever in their judgment the
public welfare and convenience require any such action on their part.
For laying out, opening, widening, extending, straightening out and per-
manently closing up the streets, lanes, alleys or thoroughfares of the town
or any of them, provision must be made by ordinance. The Mayor and
Council shall have full power and authority, by order noted on the minute
book, for temporarily closing up or obstructing wholly or in part any
of the streets, lanes, alleys and thoroughfares of the town whenever, in
their opinion, circumstances call for or justify such action; and if the
occasion for closing up or obstructing any street, lane, alley or thorough-
fare is urgent, the Mayor may in writing authorize the policeman to close
up or obstruct the same, or to allow the same to be closed up or obstructed
until the decision of the Mayor and Council may be obtained, but such
temporary closing up or obstruction shall not continue longer than cir-
cumstances make necessary. Whenever the Mayor and Council shall by
ordinance order the opening of a new street or alley or the widening or
straightening of any existing street or alley, or the construction of any
park, public square, sewer, wharf, market house, engine house, city hall, or
for any other public improvement, provided they are authorized to make
such public improvement, the Mayor shall, by voters and freeholders of the
town, not officeholders who, together with the Mayor and President of
the Council shall constitute a commission to examine and report on the
proposed improvement; and if the said commission or a majority of them
shall certify to the Mayor and Council that any land, material or other
property belonging to any person or corporation or the removal thereof,
is necessary or convenient for the construction of the proposed improve-
ment, then the Mayor and Council may condemn such property, or may
agree with the owner or owners thereof for the purchase, use, occupation
or removal of the same, and if they cannot agree, or if the owner or own-
ers, or any of them be an infant or femme covert, who is not possessed
of the property to her sole and separate use, or authorized to contract with
reference to the same, non compos mentis, or out of the town when such
property may be wanted, or for any cause be legally incapable of con-
tracting, application may be made by the Mayor to any one of the Judges
of the Circuit Court for Worcester County, who shall thereupon issue
his warrant to the Sheriff of the County, requiring him to summon a jury
of twelve qualified voters of said town, above the age of twenty-one years
and qualified to act as jurors under the laws of this State, and not related
to the parties, nor in any wise interested, to meet on the lands or near
the material or other property, wanted for the proposed improvement on