1448 KENT COUNTY. [ART. 15.

accruing to such owner, and may provide for the adjustment and
payment of the same.

1882, ch. 201.

61. Whenever said commissioners and the owner of any such
property cannot so agree, then said commissioners and such
owner shall each select one disinterested citizen of the county,
who, if they cannot agree, shall call in a third citizen of the
county, and they shall visit the property to be affected by the
proposed street^ and assess the damages and advantages which
may accrue to such property or the owner thereof, and they shall
make their award in writing to said commissioners and to such
owner; and either party may appeal from such award to the cir-
cuit court for Kent county; provided, the opposite party be
notified of such appeal within thirty days from the date of the
award.

Ibid.

62. Whenever any owner of such property refuses or declines
to act under the preceding section, or is unknown or inaccessible
to said commissioners, or incompetent to contract, said commis-
sioners 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.

Ibid.

63. If any such extension, opening or widening of any street
be through or over any cemetery or graveyard, before said com-
missioners 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 tomb-
stones and remains of all persons buried in that portion of said
yard, and upon the failure or refusal of the friends or relatives of