A further additional Supplement to an act entitled, “An Act to incorporate Vol. 3, 170. a company for the purpose of cuttiny and making a Canal between the Chesapeake Bay and Bay or River Delaware, or the waters thereof."

may issue

stockholders

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two- Company thirds of each branch of the legislature concurring,) That the stock to Chesapeake and Delaware Canal Company shall have full power and authority to issue to the stockholders four shares of the capi- How much. tal stock of the said company, of the par value of fifty dollars each, in lieu of each share of the said stock now held by the said stockholders upon the surrender of the certificate therefor.

SECTION 2. And be it further enacted, That in estimating the votes. number of votes which any holder of a certificate of debt or loan, issued by the Chesapeake and Delaware Canal Company, shall be entitled to give, by virtue of the eleventh section of the act of the General Assembly of the State of Delaware entitled, "A further additional supplement to an act entitled 'An act to incorporate a company for the purpose of cutting and making a canal between the Chesapeake Bay and Bay or River Delaware, or the waters thereof,'" passed at Dover, June 15th, A. D. 1836, every fifty dollars of the amount of said debt or loan so held shall be taken and estimated as equal to one share of the stock which the Chesapeake and Delaware Canal Company is authorized to issue by virtue of the 1st section of this act.

acts re

SECTION 3. And be it further enacted, That so much of the Inconsistent original act of incorporation, or of any of the additional supple- pealed. ments thereto, to which act this is a further additional supplement, as is altered or inconsistent with this act, be and the same is hereby repealed.

void.

SECTION 4. [And be it further enacted,] That unless the Chesa- In what case peake and Delaware Canal Company shall signify to the Governor act to be of this State, by an instrument under the corporate seal of the company, within one year from the passage of this act, their acceptance of the same, this act shall be null and void.

Passed at Dover, January 31, 1866.

CONCERNING ROADS.

CHAPTER 48.

Road com

Location.

An Act to provide for the laying out and establishing a new public road in the western part of Dover Hundred, in Kent County, State of Delaware.

SECTION 1. Be it enacted by the Senate and House of Represenmissioners. tatives of the State of Delaware in General Assembly met, That William Slaughter, John J. Voshell and John Williams be and they are hereby appointed commissioners, whose duty it shall be to go upon and view the premises and determine whether there is need of a new public road in the western part of Dover hundred, in Kent county and State of Delaware, to commence on the public road leading from the dwelling house of Philip Marvel, near Proctor's Bridge, to Day's Bridges, running thence in a northeasterly direction a distance of some thirty or forty yards, through lands of John C. Cox or Amos J. Cox, to the dividing line between lands of said John C. Cox or Amos J. Cox and lands of William Slay; thence with said dividing line a distance of some three hundred yards to a point entirely on the lands of said William Slay; thence through said lands of said William Slay, and through lands of John Fell, and through lands of John Dailey, until it intersects the public road leading from Proctor's Bridge to Wright's Red House, at a point near the gate of William Slaughter; and if the said commissioners, or a majority of them, shall be of the opinion that there is need of such new public road as that above described, then they shall, with the assistance of some skillful and impartial surveyor, to be by them selected, lay out such new public road as shall be most proper, having respect to the nature of the ground, shortness of the distance, and all circumstances of public or private convenience or detriment, and shall cause a map of such new public road to be made, showing the courses and distances thereof, the cleared land and woodland, with notes of the most remarkable places and improvements by or through which the same will pass, and shall assess the damages to every the owners or holders of the lands and improvements which shall be occasioned by the opening of such new public road, taking into consideration all the circumstances

Surveyor.

Map.

Damages.

CONCERNING ROADS.

or

of benefit or injury which will accrue to such owners holders therefrom; and shall also make an estimate of the cost of making and opening such new public road, and of making and constructing the bridges and causeways thereon, (if any such shall be required,) setting down the several items of said costs; and if such new public road as that above described shall be laid out, then the said commissioners shall, in their return, set forth a Return of description of such new public road, and that, in their opinion, there is need of the same for public travel and convenience, the damages assessed to the owners or holders of land, and all other matters proper and right to be set forth therein, and they shall annex to their said return the map of the said new public road.

commission

ers.

before Levy

costs and ex

penses, how

SECTION 2. And be it further enacted, That the map and the Map, &c. return so to be made by the said commissioners, as directed in the preceding section, shall be by them returned, as soon as con- Where reveniently may be after the passage of this act, to the Clerk of turned. the Peace in and for Kent county, to be by the said Clerk of the Peace laid before the Levy Court of Kent county at their next To be laid meeting after the same shall be returned to him; and if the said Court. Levy Court of Kent county shall approve of such new public road Approval. as above described, it shall be the duty of the said Levy Court to make such appropriation out of the funds of Kent county as shall Damages, be necessary to settle the damages which shall have been assessed by the said commissioners, and also to defray all the costs and defrayed. expenses of laying out, opening and making such new public road, and of making and constructing the bridges and causeways thereon, (if any such shall be required); and the said Levy Court shall appoint an overseer for said new public road, whose Overseer. duty it shall be to make and open said new public road, and to make and construct the bridges and causeways thereon, (if any such shall be required,) and fully and properly to complete and prepare the same for public use and travel. And when the said new public road shall be completed and prepared for public use and travel, then and thereafter the same shall be and hereby is declared to be a public road of Kent county, and from thence. Publie road. forth shall be kept open, repaired and maintained, in all respects as other public roads in Kent county are kept open, repaired and maintained.

ers and Sur

SECTION 3. And be it further enacted, That the said commission- Commission ers appointed by this act, and the surveyor by them selected shall, veyor to be before performing any of the duties herein required of them, be sworn. severally sworn or affirmed to discharge the duties imposed upon them by this act, and the surveyor to perform the duties for which he is employed, faithfully and impartially, according to the best of their skill and judgment respectively, which oath or

administer

oath.

Quorum.

how filled.

CONCERNING ROADS.

Who may affirmation may be administered by any one of the said commissioners to the others, and to the surveyor. The acts of a majority of said commissioners shall be as binding and valid as if all of Vacancies, them had concurred therein. In case of a vacancy among said commissioners, from any cause whatever, such vacancy or vacancies may be filled by the remaining commissioners or commissioner, and such new commissioners shall be subject to the same duties and obligations as those appointed by this act.

Compensa

missioners,

and Chain

carriers.

SECTION 4. And be it further enacted, That the said commistion of Com-sioners and the surveyor and chain-carriers to be by them Surveyor selected, shall severally be entitled to and receive the same compensation as is now provided by law for similar services under an order of the Court of General Sessions of the Peace and Jail Delivery of the State of Delaware, in and for Kent county, to lay out a new public road, which expenses, as well as all other expenses of said new public road, shall be allowed and defrayed by the said Levy Court of Kent county. Passed at Dover, January 17, 1866.

Name of the
Marsh road

Vandever

Avenue.

CHAPTER 49.

NAME OF ROAD CHANGED.

SEC. 1. Name of the Marsh road changed to Vandever Avenue.

An Act to change the name of the "Marsh Road" beginning at the Village of Brandywine, opposite St. John's Church, and terminating at Shelpot Dam in Cherry Island Marsh.

SECTION 1. Be it enacted by the Senate and House of Represenchanged to tatives of the State of Delaware in General Assembly met, That the road situate in Brandywine hundred, having for its northern connection the Wilmington and Philadelphia Turnpike road opposite to St. John's Episcopal Church, in the village of Brandywine, and running in a south-easterly course along and through the lands of Joseph Tatnall, William Thatcher, Lewis Bullock, John P. Allmond, Adam Grubb, John Hayes, Enoch Townsend, James Vandever Jefferis, Joseph S. Derrickson and Albert Thatcher to the Philadelphia, Wilmington and Baltimore Railroad, and thence by the several courses thereof to Shelpot Dam

CONCERNING ROADS.

in Cherry Island Marsh, shall, from and after the passage of this
act, be called and known by the name of "Vandever Avenue,"
and which shall be its proper designation.
Passed at Dover, January 18, 1866.

12 Vol. 640.

CHAPTER 50.

ROAD IN BALTIMORE HUNDRED.

SEC. 1. Section 3 of Chap. 560 amended.

SEC. 1 Error in original rolls corrected.

An Act to amend an act entitled "An act appointing freeholders to lay out 12 Vol. 640. a road in Baltimore hundred, in Sussex county."

Chap. 560.

sessor"

SECTION 1. Be it enacted by the Senate and House of Represen- Sec. 3 of tatives of the State of Delaware in General Assembly met, That word "Asthe word "assessor," in the second line in Section 3 of said act, changed to be and the same is hereby stricken out, and the word "overseer" "Overseer." inserted in lieu thereof.

Passed at Dover, January 18, 1866.

CHAPTER 51.

CHANGE OF A PUBLIC ROAD AUTHORIZED.

SEC. 1. Commissioners appointed to change the SEC. 3. Levy Court may adopt said roads.

course of a certain public road.

Course of new road.

2. Map and returns.

4. Commissioners to be sworn.
Their compensation.

An Act appointing Commissioners to straighten and lay out a public road

in Kent county.

SECTION 1. Be it enacted by the Senate and House of Represen- Commissiontatives of the State of Delaware in General Assembly met, That ers. James Williams, Manlove Hayes, Robert B. Jump, George Parris, and James W. Spruance be and they are hereby appointed com