Said Commissioners shall have and exercise all such corporate powers and duties as are conferred upon Commissioners of corporate towns under chapter sixty-two (62), volume two (2), of The Code, and said chapter shall be applicable in every respect to said town. And the Commissioners shall have power to lay out and open any new street or streets within the corporate limits of said town whenever by them deemed necessary, and they shall have power at any time to widen, change, extend and discontinue any street or streets whenever they may so determine, by making a reasonable compensation to owners of property damaged thereby. In cases where the owner or owners of land cannot agree with the Commissioners of the town regarding the damages to land or property, the Mayor of the town, by order of the Commissioners, shall issue a warrant, addressed to the Town Marshal or Constable, commanding him to summon three (3) disinterested freeholders of said town, who, together with two (2) freeholders as above, to be selected by the party claiming damages, shall determine the value of the property condemned, and assess the damages, after which they shall make their report, or a majority of them, in writing, and file same into the Mayor's office. Before proceeding to view said premises and assess said damages, the freeholders so summoned and selected shall take the following oath before the Mayor or other person authorized by law to administer an oath: I, A. B. do solemnly swear or affirm that I will faithfully and honestly discharge the duty of appraiser for which I have been chosen, and a true report make: So help me, God. If the party or parties claiming damages refuses to select two (2) appraisers, after notice in writing of five (5) days as above provided, the report of the three (3) appraisers summoned by the Constable shall be final: Provided, either party, the town or land owner may appeal to the Superior Court, and in that case the report of the appraisers and the proceedings therein shall be sent up to said court, there to be heard and determined.
(Pr. Laws 1901, C. 67, Sec. 4; Pr. Laws 1903, C. 284, Sec. 1)