WM. T. HAMILTON, ESQUIRE, GOVERNOR.

295

SEC 4. And be it enacted, That whenever any

owner of such property refuses or declines to act

Refuse or de-

under the preceiing section, or is unknown or in-

cline.

accessible to said commissioners, 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 news-

paper 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 pre-

ceding section.

SEC. 5. And be it enacted, That if any such ex-

tension, opening or widening of any street be through

or over any cemetery or grave-yard, that before said

commissioners proceed to open, widen or extend

such street, they shall give notice by advertisement

Give notice by

in some newspaper printed in Kent county, once in

advertisement

each of three successive weeks, warning all persons

interested in that portion of said grave-yard 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 men-

tioned in the preceding sections.

SEC. 6. And be it enacted, That this act shall

Effective.

take effect from the date of its passage.

Approved March 30, 1882.