cords au thorized to road. CONCERNING ROADS. CHAPTER 519. FENCING A PART OF A PUBLIC ROAD AUTHORIZED. SEC. 1. William B. Records authorized to fence | SEC. 1. Width of road An Act to authorize William B. Records to Enclose a Ditch adjoining his lands on the south side of the Public Road, in Sussex County, leading from Mt. Pleasant M. E. Church to Sharpstown. SECTION 1. Be it enacted by the Senate and House of Represen· Wm. B. Re- tatives of the State of Delaware in General Assembly met, That it shall and may be lawful for William B. Records, of Little Creek fence part of hundred, Sussex county, and State of Delaware, his heirs and assigns, to enclose by a fence or fences, within the line of his lands, a ditch now adjoining the lands of the said William B. Records and located on the south side of the public road, in Sussex county, leading from Mt. Pleasant M. E. Church to Sharpstown: Provided, however, that the said William B. Records, his heirs and assigns, shall make the said public road, after enclosing the said ditch, the same width that it now is, by extending said road on the north side as many feet as he shall take from the south side thereof by enclosing said ditch. Width. Courses of said road. SECTION 2. And be it further enacted, That the courses and distances of the said public road, after the same shall be changed by the said William B. Records, his heirs and assigns, pursuant to the provisions of the foregoing section, shall thenceforth be deemed and taken to be the lawful and proper courses and distances of the said public road, instead of the courses and distances thereof before the same was so changed and altered as aforesaid. Passed at Dover, February 2, 1869. D. S. Wilds authorized CHAPTER 520. CHANGE OF PUBLIC ROAD AUTHORIZED. SEC. 1. D. S. Wilds authorized to straighten a SEC. 2. When new road made shall be adopted. public road. When old road may be closed. An Act Authorizing David S. Wilds to Straighten a Certain Public Road. SECTION 1. Be it enacted by the Senate and House of Represento straighten tatives of the State of Delaware in General Assembly met, That public road. David S. Wilds, of Duck Creek hundred, in Kent county, be and CONCERNING ROADS. road may be closed. he is hereby authorized, he doing the same at his own expense. to straighten the public road in said hundred leading from Wilds Corner to Kenton by opening a new one upon his own land and preparing the same for travel; and that when he shall have per- when old formed the said act, and the new road is, in all respects, as good for public use as the other parts of the aforesaid highway, he may close up and vacate that part of the old road supplied by the new one, and after such closure the old road, so shut up, shall be deemed and held to be vacated, and the soil thereof shall pass to the said David S. Wilds, as his own inheritance in fee simple. road made SECTION 2. And be it further enacted. That the aforesaid new when new road, when completed as aforesaid for public travel, shall be shall be deemed and taken to be a part of the public road or highway adopted. from Wilds' Corner to Kenton aforesaid, and be treated as such by the Levy Court of Kent county. Passed at Dover, February 3, 1869. An Act authorizing the Laying Out of a Public Road in Murderkill Hundred. sioners ap SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That CommisJames K. Burnite, James G. Jester, Jacob Friedell, William M. pointed. Warner and Nathaniel P. Luff be and they are hereby appointed commissioners to go upon and view the premises and determine whether there is need of a new public road in Murderkill hundred, commencing at a point on the road leading from Bur- Location. nite's store, in the town of Felton, to the Canterbury and Berrytown road, on the land of Sarah M. Simpson, opposite High street, in the aforesaid town of Felton, and running thence through said lands of Sarah M. Simpson, through land of John Surveyor. Plot. CONCERNING ROADS. Bailey, and land of James B. Conner, and intersecting the road leading from Felton to Berrytown, between the house of Henry Diffenderfer and the house of Nathaniel Bostic; and if the aforesaid commissioners, or a majority of them, shall determine that there is need of a new public road, as above mentioned, then they shall, with the assistance of some skillful surveyor, to be by them employed, lay out such public road as shall be most proper, having respect to the nature of the ground, the shortness of the distance, and all circumstances of public or private convenience or detriment, and shall cause a plot of said road to be made, representing the courses and distances thereof, and shall assess any damage which may accrue to the owner or owners of the lands through which the said public road shall pass, taking into consideration all the circumstances of benefit as well as injury which will accrue to each of the owners, and shall make a Computation computation of the cost of opening and making said public road, and making the bridges and causeways thereon, if any, setting down the several items of said cost, and shall, in their return, set forth a description of the said public road and their deterReturn to be mination that there is need of the same for public convenience, and shall annex to their return the aforementioned plot. of costs. annexed to plot. Return and plot to be laid before SECTION 2. And be it further enacted, That the plot and returns so to be made as aforesaid by the said commissioners, or a Levy Court. majority of them, shall be returned to the Clerk of the Peace in and for Kent county, to be by him laid before the Levy Court of said county, and the same shall be a public road when accepted by the Levy Court of Kent county as such. Commissioners and be sworn. SECTION 3. And be it further enacted, That the aforesaid James Surveyor to K. Burnite, James G. Jester, Jacob Friedell, William M. Warner and Nathaniel P. Luff, and the surveyor employed by them, shall, before performing the duties herein assigned them, be sworn or affirmed to perform the duties incumbent upon them under this act faithfully and impartially, according to the best of their skill and judgment respectively, and for such service they shall receive Compensa- the sum of one dollar each for each day they may be engaged in the aforesaid duties. tion. When to be a public road. Public act. SECTION 4. And be it further enacted, That the road hereby authorized shall, from its adoption by the Levy Court aforesaid, be deemed and be taken to be a public road, and the laws applicable to public roads in Kent county are hereby extended to and shall apply to said road. SECTION 5. And be it further enacted, That this act shall be deemed and taken to be a public act. Passed at Dover, February 3, 1869. CONCERNING ROADS. CHAPTER 522. PUBLIC ROAD AUTHORIZED. An Act to amend an act entitled "An Act to authorize Curtis W. Jacobs Current Vol. to make a Public Road," and for other purposes. 65. 56, amended SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Delaware in General Assembly met, That Sec. 2, Chap. Section 2 of Chapter 56 of the 13th Volume of Delaware Laws be and the same is hereby amended by striking out the name of Captain James Bishop, in the third line of said section, and New viewer inserting in lieu thereof the name of John M. Houston, and that appointed. the same be and is hereby further amended by inserting in the fifth line of the said section, after the word "they," and before the word "find," the words "or a majority of them shall." Passed at Dover, February 5, 1869. CHAPTER 523. CHANGE IN PUBLIC ROAD AUTHORIZED. An Act to authorize the Trustees of Wesley Methodist Episcopal Church, near Dover, to Vacate a part of Forest Street, in the Town of Dover, in Kent County. of Forest SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Certain part "The Trustees of Wesley Methodist Episcopal Church, near Street, in Dover," be and they are hereby authorized and enabled to vacate Dover, to and close up all that part of Forest street, in said town of Dover, in Kent county, which lies between Queen street and Loockerman street in the said town of Dover. Passed at Dover, February 17, 1869. be closed. CONCERNING ROADS. CHAPTER 524. Commis pointed. Location. lay out road. PUBLIC ROAD AUTHORIZED. SEC. 1. Commissioners appointed; Location. 2. Plot and return to be laid before Levy Levy Court may adopt. SEC. 3. Commissioners and Surveyor to be sworn Surveyor's fees. 4. Public act. An Act to authorize the making and opening a new Public Road in SECTION 1. Be it enacted by the Senate and House of Represen-tatives of the State of Delaware in General Assembly met, That sioners - William Sapp, William Powell, William L. Masten, James Porter, junior, and James Hopkins, five judicious and impartial freeholders, be and they are hereby appointed to go upon and view the premises and determine whether there is need of a public road to begin at the end of a public road leading from the Frederica road, by the parsonage at Harrington, on land of George W. Dorman's heirs, and to run from thence through lands of the said George W. Dorman's heirs and lands of Jehu Tharp till it strikes Robert H. Short's land, thence through lands of Thomas Harrington, lands of Fleming and Harrington, and lands of William Ward, to intersect a public road leading from Masten's Church to William L. Masten's, near Masten's School House, and if they, or a majority of them, shall determine that there is need of such a road, they shall, with the assistance of some skillful Surveyor to Surveyor, to be by them selected, lay out such new public road as they may deem proper, having respect to the nature of the grounds, shortness of the distance, and all circumstances of public convenience, and shall cause a plot thereof to be made, representing the courses and distances thereof, with notes of the most remarkable places, and of the wood land, cleared land and improvements by and through which the same shall pass, and Damages. they shall assess the damages of every owner of said lands and improvements by reason of the laying out of said road, taking into consideration all the circumstances of benefit as well as injury which will accrue to each of the said owners of said land, Computation and they shall make a computation of the costs of opening and making said road and making the bridges and causeways thereon, setting down the several items of said cost; and if a road shall be laid out shall, in the return to be made to the Clerk of the Peace in and for Kent county, set forth a description of said road and their determination that there is need of the same for public convenience, and shall annex to their said return the plot as aforesaid. of costs. 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