CONCERNING ROADS. ceded to L. 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 Collins. 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 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. Expenses of how borne. An Act to authorize Curtis W. Jacobs to make a public road, and for other purposes. authorized public read. 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 C. W. Jacobs 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. pleted to shall be 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 Viewers to ditches, they shall make a report thereof, and certify the said facts report colato the Levy Court of Sussex county, at its next session: and lettu thereupon, the said road shall become a public road and common Pablic road. highway, and shall be treated as such by the Levy Court aforesaid. Levy Court. tion of viewers. CONCERNING ROADS. 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. be sworn. SECTION 3. And be it further 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 affirmed. and report of viewers. SECTION 4. And be it further enacted, That the said Curtis of the plot 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. public road in Cedar Creek hundred. CHAPTER 57. CHANGE OF PUBLIC ROAD AUTHORIZED. SEC. 1. Certain persons authorized to change SEC. 2. Old road vacated. When new road completed to be accepted 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 Hundred, Sussex County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Change of Alfred Short, Simon Hegeman and William A. Scribner are 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 Townsend road and Staytonville road, thence running in a northeasterly course across lands of Crego Wild & Co., lands of Simon Hegeman, William H. Ratcliff, and William Brown, to a place Course of new road. CONCERNING ROADS. called "Shaver's Branch," at the forks or junction of the Milford depot road and public road to Milford. cated. 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 Acceptance in good order for the public travel at the expense of the owners of road by as aforesaid, it may be accepted by the Levy Court of Sussex Levy Court. county. An Act to authorize Shepard P. Houston to straighten a Public Road in 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. ized to lic road. opening 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 worne. 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 read Commissioners. Location. Surveyor. Plot. Damages. Return of Commissioners. Plot and re returned. CONCERNING ROADS. CHAPTER 59. PUBLIC ROAD AUTHORIZED. SEC. 1. Commissioners appointed to lay out new SEC. 2. Plot and return, where filed. road. Location. May employ a Surveyor. Plot. Return of Commissioners, what to show. Right of review. 3. Commissioners sworn. and Surveyor to be 4. The road when adopted to be a public An Act to authorize the laying out a Public Road in Murderkill Hundred, Kent county. 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 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 of the costs of opening and making said public road and making the bridges and causeways thereon, if any, setting down the several items of said costs, and shall in their return set forth 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 CONCERNING ROADS. out and returned to them, provided the damages assessed to the several persons through whose lands the same shall have been laid out are satisfactory, and the location consented to by them; otherwise they shall have the same right of review as if the Right of reproceeding to lay out said road had been under an order from the Court of General Sessions of the Peace for Kent county. view. Commis be sworn. SECTION 3. And be it further enacted by the authority aforesaid, That the aforesaid George W. Anderson, John W. Reynolds, sioners and Edward Bailey, William W. Cullen, Andrew J. Wright, and the Surveyor to surveyor employed by them shall, before performing the duties herein assigned, be severally 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, and for such services they shall receive the sum of one dollar each for tion. each day they may be engaged in the aforesaid duties. Compensa SECTION 4. Be it further enacted, That the road hereby authorized shall, from its adoption by the Levy Court aforesaid, be deemed and taken to be a public road, and the laws of this State To be a applicable to public roads in Kent county are hereby extended public road. to and shall apply to said road. SECTION 5. Be it further enacted, That this act shall be deemed Public act. and taken to be a public act. An Act to authorize the laying out a Public Road in Indian River Hundred. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Dagworthy Derrickson, James F. Martin, Shepard P. Martin, CommisJohn M. Hopkins, and William E. Hazzard, of Sussex county, sioners. |