Sec. 5. And be it enacted, That upon application in
writing for the opening, extending, widening or straight-
ening of any street, lane or alley in said town by two
thirds of the owners of the property binding on said street,
lane or alley, the Mayor and Councilmen, in their discre-
tion, may appoint three discreet and disinterested free-
holders as commissioners to open, extend, widen or
streighten any street, lane or alley in said town, and to
assess the damages which may be sustained by each and
every person owning property binding on said street, by
the opening, extending widening or strengthening the
same, and the damages so sustained in the judgment of
said commissioners, who shall act under oath, shall be
paid by the property holders whose property binds on
said street, alley or lane, and by the property holders
adjoining which shall in the judgment of said commis-
soners be benefitted thereby, in such proportions that the
said commissioners shall ascertain, fix and assess.
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Application to
be made in
writing for the
opening, wi-
dening &c. of
streets.
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Sec. 6. And be it enacted, That the said commission-
ers shall return a plat of said street or alley to the clerks
office, to be by the clerk recorded at the expense of said
corporation, and the said street, lane or alley, shall thence
become a public street, lane of alley.
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Commission-
ers to return
plat of street
to clerks of-
fice.
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Sec. 7. And be it enacted, That the Mayor of the
said town shall ex-officio be invested with all powers of a
justice of the peace over all cases wherein the said cor-
poration shall be a party, and shall have full power to
hear and determine all cases which may be brought be-
fore him when said corporation shall be a party, and that
an appeal may be taken from his judgment to the county
court, in the same time and manner as appeals are now
granted by law, from the judgments of justices of the
peace.
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Mayor to be
invested with
the powers of
a justice.
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Sec. 8. And be it enacted, That all acts inconsist-
ent with the provisions of this act, be, and the same is
hereby repealed, so far as they may conflict with the fore-
going provisions.
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Repealed &c.
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