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CONCERNING ROADS.

worn.

way, and may settle such damages as may have been assessed by Problic road. said commissioners; and when said road shall have been estab

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. Commission- SECTION 3. The said commissioners and surveyor, before perers and Surveyor 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 Vacancy,

them. In case of vacancy or vacancies, another or others may how supplied.

be appointed commissioner or commissioners by any Judge of

this State, or by a Justice of the Peace in said county. Compensa. SECTION 4. And be it further enacted, That a reasonable comtion.

pensation 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.

Oath, by whom ad

CHAPTER 55.

ROAD VACATED.

Preamble.
Suc. 1. Certain road in Broad Creek Hundred

vacated

SKC. 1. The 83 ne ceded to L, Collins.

Expenses of vacating, how borne.

An Act varating a certain road in Broad Creek Hundred, Sussex county,

Delaware.

WHEREAS it has been represented that a certain road in Broad

Creek hundred, Sussex county, Delaware, is not of any public Preamble.

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 vacated. Cross-Roads to Gumborough, to the road which leads from the

Road in

CONCERNING ROADS.

ceded to L. Collins,

said Low's Cross-Roads to Millsborough, passing through lands of Lamberson Collins, and having its termini about two hundred yards from said Low's Cross-Roads, be and the same is hereby va- The same cated and ceded to the said Lamberson Collins, the owner of the land on each side thereof, to have and to hold the same in like manner, and with the like estate and quantity of interest as he now holds the property on each side thereof; and the said Lamberson Expenses of Collins is hereby authorized and empowered to close up the said vacating, road at his own expense, and for his so doing this act may be given in evidence, and be a sufficient justification in any action brought against him therefor in any court of this State.

Passed at Dover, January 25, 1866.

how borne.

CHAPTER 56.

PUBLIC ROAD AUTHORIZED.

Sec. 1. C. W. Jacobs authorized to make a road

across Cypress Swamp.
2. When completed to whom notice shall be

given,
Viewers to report completion to Levy

Court.

Sec. 2. Public road.

Compensation of viewers.
3. Viewers to be sworn.
4. Of the plot and report of viewers.

Where filed.

An Act to authorize Curtis W. Jacobs to make a public roail, and for

other purposes.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Curtis W. Jacobs be and he is hereby authorized to make, at his carefacobs own expense, a public road or highway, of the width of thirty to make a

public road. feet, across the Cypress Swamp, in Sussex county ; said road to begin at the county road, near Benjamin Long's house, and run from thence across the lands of said Long, Jonathan Baker, Isaac McCabe, the said Jacobs, and Joseph Lewis, until it reaches the county road near said Lewis' house.

SECTION 2. And be it further enacted, That when the said road Webtea comis completed the said Jacobs shall give notice thereof, in writing, whom notice to Captain Henry Hickman, Captain James Bishop and Ebe Wal-given. ter, who are hereby authorized to go upon the same and view it; and if they find that the said road has been well constructed as a highway, and has good and sufficient causeways, bridges and ditches, they shall make a report thereof, and certify the said facts report comto the Levy Court of Sussex county, at its next session; and Lletion to thereupon, the said road shall become a public road and common Pablie rond. highway, and shall be treated as such by the Levy Court aforesaid.

to

CONCERNING ROADS.

be sworn.

Compensa- The said viewers shall each be entitled for their services in the

premises to two dollars per day for every day they are engaged in and about the business aforesaid, to be paid by the aforesaid Curtis W. Jacobs.

SECTION 3. And be it jurther enacted, That before entering Viewers to upon the duties assigned them by this act, the said viewers shali

be duly sworn or affirmed to perform the said duties faithfully and impartially, according to the best of their skill and judgment, which qualification they may administer to each other. Their report aforesaid shall state that they were so sworn or affirmed.

SECTION 4. And be it further enacted, That the said Curtis of the plotW. Jacobs shall, at his own expense, cause a survey and plot of

said road to be made by a competent surveyor, and deliver the same to the said viewers, who shall append the same to their

report as part thereof. The said report, including the said plot, Where filed. shall be filed in the office of the Clerk of the Peace of Sussex

county, and be recorded on the books of the Levy Court, and thenceforth the same shall be a public record. The expense of filing and recording shall be borne by said Jacobs.

Passed at Dover, January 29, 1866.

viewers.

CHAPTER 57.

CHANGE OF PUBLIC ROAD AUTHORIZED.

Sec. I. Certain persons authorized to change

public road in Cedar Creek hundred. Course of new road.

Sec. 2. Old road vacated.

When new road completed to be ac

cepted by Levy Court.

An Act to authorize Alfred Short and others to straighten and change the location of a certain Public Road in Cedar Creek Hunelred, Sussex County.

SECTION 1. Be it enacted by the Senate and House of Representa

tives of the State of Delaware in General Assembly met, That Change of Alfred Short, Simon Hegeman and William A. Scribner are public road

hereby authorized and empowered to straighten and change the Creek hun location of a certain public road in Cedar Creek hundred and

Sussex county, in the following manner, that is to say: beginning

at a place called Shawnee, at the forks of or junction of the new rond. Townsend road and Staytonville road, thence running in a north

easterly course across lands of Crego Wild & Co., lands of Simon Hegeman, William H. Ratcliff, and William Brown, to a place

in Cedar

Course of

CONCERNING ROADS.

cated.

called "Shaver's Branch," at the forks or junction of the Milford depot road and public road to Milford.

SECTION 2. And be it further enacted, That the original public old road varoad from Shawnee to the “Shaver's Branch" shall be vacated, and that so much of the said road as shall be vacated may be inclosed by the owners of the lands through which said road passes. That when the road is so straightened and the same put in good order for the public travel at the expense of the owners of rond by as aforesaid, it may be accepted by the Levy Court of Sussex Levy Court. county.

Passed at Dover, January 30, 1866.

CHAPTER 58.

CHANGE OF PUBLIC ROAD AUTIORIZED.

Ser. 1. S. P. Houston authorized to change a

public road.

Sec. 2. Costs of opening new road.

How borne.
3. Old rond vacated.

lic road.

An Act to authorize Shepard P. Houston to straighten a Public Road in

Lewes and Rehoboth 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 Shepard P. Houston be and he is hereby authorized and em- s. P. Houspowered to alter and straighten that portion of the public road ton, authorleading from the residence of said Shepard P. Houston to the change pubbranch below, a distance of about four hundred yards, running through the land of said Houston.

SECTION 2. And be it further enacted as aforesaid, That the Costs of aforesaid Shepard P. Houston shall lay out and make, at his own how børne. proper cost and charges, the said road, and put the same in good order, making the said road of the width required by law; and after the said road is made, opened and put in good order as aforesaid, then and from thenceforth the said road shall be repaired and kept up at the public expense as other roads in said county.

SECTION 3. And be it further enacted as aforesaid, That after the said road shall have been laid out and opened and made as vacated. aforesaid, it shall and may be lawful for the said Shepard P. Houston to enclose such portion of the old road as is rendered useless by the said change.

Passed at Dover, January 30, 1866.

Old road

CONCERNING ROADS.

CHAPTER 59.

PUBLIC ROAD AUTHORIZED.

Sec. 1. Commissioners appointed to lay out new SEC. 2. Plot and return, where filed.
road.

Right of review.
Location.

3. Commissioners and Surveyor to be May employ a Surveyor. Plot.

Sworn,
Damages.

4. The road when adopted to be a public Return of Commissioners, what to show.

road.
5. Public act.

An Act to authorize the laying out a Public Road in Murderkill Hun

dred, Kent county.

Commissioners

Location.

Plot.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That George W. Anderson, John W. Reynolds, Edward Baily, William W. Cullen and Andrew J. Wright, of Kent county, 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, commencing at Church street, at the east end of the town of Felton, and to run from thence across lands of Niles and Herring and lands of William M. Satterfield until it intersects with the public road leading from Canterbury to Berrytown, at a point nearly opposite the dwelling-house of William M. Satterfield, and if the aforesaid commissioners, or a majority of them, shall deter

mine that there is need of a new public road as above mentioned, Surveyor. 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 Damages. 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 of the costs of opening and making said public road and

making the bridges and causeways thereon, if any, setting down Return of the several items of said costs, and shall in their return set forth sioners.

a description of the said public road and their determination that there is need of the same for public convenience, and shall annex to their return the aforementioned plot.

SECTION 2. And be it further enacted by the authority aforesaid, turn, where That the plot and return so to be made as aforesaid by the said

commissioners, or a 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 the said county, and the said Levy Court may adopt and establish the said road so as aforesaid laid

Commis

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