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CONCERNING ROADS.

CHAPTER 54.

NEW ROAD AUTHORIZED.

SEC. 1. Commissioners to determine the neces.

sity for road.
Location, Plot of.
Damages assessed.
Cost: computed.

Return.
2. Plot returned, when and where.

Sec. 2. Levy Court may establish road.

When established, to be a pablic road.
3. Commissioners and Surveyor to be

Sworn.
Oath, by whom administered.

Vacancy, bow supplied,
4. Compensation,

ors,

An Act appointing Commissioners to lay out a public road in Dags

borough 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. Layton [and] George P. Morris be and they are bereby 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 they 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.

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

Levy Court county of Sussex, may adopt said road as a public road or high- may adopt.

Costs cona

CONCERNING ROADS.

Commission ers and Sur.

Sworn.

Oath, by whom ad

way, and may settle such damages as may have been assessed by Public 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.

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 Vacancy,

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.

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.

how sup

plied.

Compensa. ciou

CHAPTER 55.

ROAD VACATED.

Preamble,
SBc. 1. Certain road in Broad Creek Hundred

Vicated,

SRC, 1. The same ceded to L. Collins.

Expenses of vacating, how borne.

An Art vacating a certain road in Broad Creek Hundred, Sussed county,

Delaware.

Preainble.

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

vacatod.

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 vacatius, 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 II. Jacobs to make a public roail, and for

other purposes.

authorized

public road.

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 cacaha own expense, a public road or highway, of the width of thirty to make a 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 When 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 cointo the Levy Court of Sussex county, at its next session: and Eletion to

Levy Court. thereupon, the said road shall become a public road and common Public rond. highway, and shall be treated as such by the Levy Court aforesaid.

pleted to

CONCERNING ROADS.

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ere.

be sworn.

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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 urther enacted, That before entering
Viewers to upon the duties assigned them by this act, the said viewers shall

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 afirmed.

SECTION 4. And be it further enacted, That the said Curtis ona me petr W. 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.

of

viewers.

CHAPTER 57.

CHANGE OF PUBLIC ROAD AT THORIZED.

Sec. 1. Certain persons authorized to change | Sec. 2. Old road vacated.
public road in Cedar Creek hundred.

When new road completed to be ac-
Course of new road.

cepted by Levy Court.

An Act to authorize Alfred Short and others to straighton anul change
the location of a certain Public Rond in (edar Creek Hunered, 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 Chance of Alfred Short, Simon IIegeman and William A. Scribner are public road

hereby authorized and empowered to straighten and change the
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 n'w road. Townsend road and Staytonville road, thence running in a north

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

in Cedar Creek hun. dred.

Course of

CONCERNING ROADS.

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cated.

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

SECTION 2. Anul be it further enacted, That the original public old road va-
road 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 St road by as aforesaid, it may be accepted by the Levy Court of Sussex Levy Court. county.

Passed at Dover, January 30, 1866.

Acceptance

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CHAPTER 58.

CHANGE OF PUBLIC ROAD AUTHORIZED.

SEC, 1. S. P. Houston authorized to change a

public road.

Sec. 2. Costs of opening new road.

How borne.
3. Old rond vacated.

ized

lic road.

opening

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 Represen-
tatives of the State of Delaware in General Assembly met

, That
Shepard P. Houston be and he is hereby authorized and em-s. P. Hous-
powered to alter and straighten that portion of the public road sign author-

ton leading 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 enactel as aforesaid, That the costs of aforesaid Shepard P. IIouston shall lay out and make, at his own hwborne. 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.

1

Old road

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