Course of new road. Map and returns. Levy Court CONCERNING ROADS. missioners to go upon and view the public road in Little Creek hundred, leading from the Seven Hickories road to the public road at Mooreton leading from Shawn's Cross Roads to Leipsic, and if, in their judgment, or in the judgment of a majority of them, the public convenience would be promoted by changing the course of a part of said public road, they, or a majority of them, are hereby authorized to change and straighten the said public road. The said change or alteration to begin at a point where the said public road crosses the Delaware Railroad, about seventy-five yards below the upper switch of said railroad, and to run thence through lands of James S. Moore on and along the westerly side of said railroad in a southerly direction until it intersects the public road at Mooreton leading from Shawn's Cross Roads to Leipsic, and at no point to cross the said Delaware Railroad; and the said commissioners are hereby authorized to lay out a public road, as a continuation of the above described road, as intended so to be laid out, or as a new road, to run from the said Mooreton Station, on the west side of the said Delaware Railroad, in a southerly direction on a line with said railroad and parallel thereto, through the lands of James Woodall, W. D. Farrow, Benjamin Knotts, J. T. Farsons, S. R. Mendinhall and the heirs of H. Stout, until it intersects the road leading from Dinah's Corner to Leipsic. SECTION 2. Be it enacted by the authority aforesaid, That the commissioners aforesaid, or a majority of them, are hereby authorized, with the assistance of some skillful surveyor, to be selected by them, to cause a map of the courses and distances of the road as hereby authorized to be changed and laid out, to be made out and returned to the office of the Clerk of the Peace in and for Kent county aforesaid, with an estimate of the costs of opening said road for public travel, and an assessment of damages (if any are allowed) to the person or persons through whose lands the said road or roads will pass. SECTION 3. Be it further enacted as aforesaid, That the Levy may adopt. Court of Kent county may adopt the alterations and changes made by the commissioners aforesaid as a part of the "road leading from the Seven Hickories road to the public road at Mooreton," and adopt and approve of the road to be laid out from Mooreton to the Dinah's Corner and Leipsic road, and may make appropriations for opening the same for public travel, and the road when so opened shall be deemed and taken to be a public road, and that part of the old road superseded by the alterations and changes hereby authorized to be made, shall thereupon be vacated. SECTION 4. And be it further enacted by the authority aforesaid, Commission That the commissioners aforesaid, before entering upon their duties under this act, shall be severally sworn or affirmed to dis ers to be sworn. CONCERNING ROADS. pensation. charge their duties herein imposed impartially and to the best of their skill and judgment, and may respectively administer the oath or affirmation to each other. They shall each receive the Thoir comsum of two dollars for each days attendance as commissioners aforesaid, to be allowed together with all other costs, by the Levy Court of Kent county, as is usual in like cases. Passed at Dover, January 23, 1866. CHAPTER 52. CHANGE OF A PUBLIC ROAD AUTHORIZED. Ssc. 1. Commissioners authorized to change a SEC. 2. After a certain time, a part of old road An Act to authorize and empower the Road Commissioners of Pencader Hundred, in New Castle County, to change the course of a public road in said Hundred. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That the Road Commissioners of Pencader hun- Commissiondred, in New Castle county, from and after the passage of this ers. act, shall have power and authority, and they are hereby authorized and empowered to change the course of a certain public road in said hundred, in the following manner, that is to say: Beginning at a point in the road leading from the village of Glasgow to the old turnpike road leading from Cooch's Bridge to Road, how Elkton, where said road crosses the dividing line between the changed. lands of Daniel Bratton and J. F. Williamson; thence running in a northerly direction along the said dividing line between the lands of the said Daniel Bratton and J. F. Williamson, and entirely on the land of the said J. F. Williamson to the said old turnpike road. cated. SECTION 2. That at any time after the first day of September, A. D. 1866, it shall and may be lawful for the said J. F. William- Portion of son to stop up and enclose so much of the old road as now crosses old road va the land of the said J. F. Williamson, in running from the point where it crosses the said dividing line between the lands of the said Daniel Bratton and J. F. Williamson to the said old turnpike road. Passed at Dover, January 24, 1866. M. C. Con thorized to well au change a road. Course of new road. Change to be expense. SEC. 1. M. C. Conwell authorized to change a SEC. 2. The said change to be made at his ex- pense. When completed, a public road. 3. Old road vacated, when. An Act authorizing a change in the course of a public road in Dover SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Myers C. Conwell, from and after the passage of this act, shall have power and authority, and he is hereby authorized and empowered to change, lay out, make and straighten a certain public road in Dover hundred, in St. Jones' Neck, in the following manner, that is to say: Beginning at a point in the public road leading from Dover to the Delaware Bay, thirty feet east of a large hickory standing on the north side of the said bay road on land of the said Myers C. Conwell, and running thence north forty degrees east until it intersects the old public road leading from the bay road to Little Creek Landing, at a point in said lastmentioned road a little east of a small bridge over the head of Boggle Tree Branch; and the aforesaid change or alteration in the said public road shall not extend beyond lands of the said Myers C. Conwell. SECTION 2. And be it further enacted by the authority aforesaid, made at his That the aforesaid Myers C. Conwell shall change, make and lay out at his own proper cost, charge and expense the said road, and put the same in good order for public travel, making the said road of the width required by law, and after the said road is made, opened, and put in good order for public travel, as To be a pub- aforesaid, that then and from thenceforth the said road shall be repaired and kept up at the public expense, as other roads in said county. lic road. cated. When. SECTION 3. And be it further enacted by the authority aforesaid, Old road va- That after the said road shall have been laid out, opened, made, and put in good order for public travel as aforesaid, it shall and may be lawful for the said Myers C. Conwell to stop up and inclose the old public road which runs through and crosses his land, beginning at the bay road and running to said point a little. east of a small bridge over the head of Boggle Tree Branch aforesaid, and the said old public road is hereby declared to be vacated. Passed at Dover, January 25, 1866. An Act appointing Commissioners to lay out a public road in Dagsborough Hundred, in Sussex County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That CommissionDr. John Martin, Benjamin Burton, William P. Jones, Eli T. ers. Layton [and] George P. Morris be and they are hereby appointed commissioners to go upon and view the premises and determine whether there is need of a public road in Dagsborough hundred, Location. in Sussex county, beginning at a public road near the terminus into the Burkfield road, thence by and through lands of R. B. Houston, Joseph Kollock, Robert B. Houston, lands (late) [of] the heirs of James A. Harris and Spencer A. Phillips, to intersect a public road leading from the State road, near Irons' Branch, to Mudfort; and if they, or a majority of them, shall determine that there is need of such new public road, they shall, with the assistance of some skillful surveyor, to be selected by them, lay out such new public road as they shall deem proper, having respect to the nature of the ground, shortness of distance, and all circumstances of public convenience, and shall cause a plot Plot of road. thereof to be made, representing the course and distance thereof, with notes of the most remarkable places, and of the woodlands, cleared lands and improvements, by or through which the same shall pass, and they shall assess the damages of every owner of Damages assaid 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 said owners, and Costs comthey shall make a computation of the costs of opening and mak- puted. ing said roads, (bridges and causeways included,) setting down the several items of said costs, and if a road be laid out, shall, in their return, set forth a description of said road, and their deter- Return. mination that there is need of the same for public convenience, and shall annex to their said return the plot as aforesaid. sessed. Plot. SECTION 2. The plot and return so to be made, as aforesaid, by Return of the said commissioners, shall be returned to the Clerk of the Peace, in and for Sussex county, aforesaid, to be by him laid before the Levy Court, and the said Levy Court, in and for the county of Sussex, may adopt said road as a public road or high- may adopt. Levy Court CONCERNING ROADS. way, and may settle such damages as may have been assessed by Public road. said commissioners; and when said road shall have been estab Commissioners and Sur worn. lished as a public road by the Levy Court of said county, the same shall be and remain subject to the same regulations and laws as other public roads in Sussex county. SECTION 3. The said commissioners and surveyor, before perveyor to be forming their respective duties under this act, shall be sworn or affirmed to perform the same according to the best of their judgment and skill respectively, which oath or affirmation may be administered by either of said commissioners, or any public officer qualified to administer oaths. The acts of a majority of ministered. said commissioners shall be as valid as if concurred in by all of them. In case of vacancy or vacancies, another or others may be appointed commissioner or commissioners by any Judge of this State, or by a Justice of the Peace in said county. Oath, by whom ad Vacancy, how supplied. Compensation. SECTION 4. And be it further enacted, That a reasonable compensation for their services under this act shall be allowed and paid the said commissioners and surveyor by the Levy Court of Sussex county. Passed at Dover, January 25, 1866. Preamble. Preamble. CHAPTER 55. ROAD VACATED. SBC. 1. Certain road in Broad Creek Hundred SBC. 1. The same ceded to L. Collins. An Act vacating a certain road in Broad Creek Hundred, Sussex county, WHEREAS it has been represented that a certain road in Broad Creek hundred, Sussex county, Delaware, is not of any public convenience or benefit to the community in that section of the State, and which said road is described in the first section of this act. Therefore, SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the road in Broad Creek hundred, Sussex county, and State of Broad Creek Delaware, which runs from the road which leads from Low's Cross-Roads to Gumborough, to the road which leads from the Road in Hundred vacated. |