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CONCERNING ROADS.

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Commis

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 pro- Right of receeding to lay out said road had been under an order from the Court of General Sessions of the Peace for Kent county.

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 Serveyor. 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.

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.

Passed at Dover, January 30, 1866.

Compensa

CHAPTER 60.

PUBLIC ROAD AUTHORIZED.

Sec. l. Commissioners authorized to determine

the necessity of new road
Location.
Surveyor, plot, damages, return of

Commissioners.

Sec. 2. Plot and return, where returned.
SEC. 3. Commissioners and Surveyor to be

Sworn.
Compensation.

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.

CONCERNING ROADS.

be and they are hereby appointed commissioners to go upon and

view the premises, and determine whether there is need of a new Location. public road in Indian River hundred, commencing at a point on

the road leading from Lewes to Millsboro, at or near the house now occupied by Joseph Carey, on the lands belonging to Willliam F. Rodney, and running thence through said lands of William F. Rodney, lands of John and David Mustard, lands of Harbeson Hickman, lands of the heirs of David Millis, deceased, and lands of Thomas Walls, until it intersects the road leading from Cool Spring to Bundick's Branch, at or near Joppa Meeting House; and if the aforesaid commissioners, or a majority of them, shall

determine that there is need of a new public road, as above menSurveyor. tioned, then they shall, with the assistance of some skillful sur

veyor, 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 Plot.

private convenience or detriment, and shall cause a plot of the said

road to be made, representing the courses and distances thereof, Damages. 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 Return of 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. Plot and SECTION 2. And be it further enacted, That the plot and re

turns 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 Sussex 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 Sussex county as such.

SECTION 3. And be it further enacted, That the aforesaid Dag.

worthy Derrickson, James F. Martin, Shepard P. Martin, John Survey or to M. Hopkins, and William E. Hazzard, and the surveyor emhe sworn. ployed by them, shall, before performing the duties herein as

signed them, be sworn or affirmed to perform the duties incumbent upon them under this act, faithfully and impartially,

according the best of their skill and judgment respectively, and Compensa- for such services they shall receive the sum of one dollar each for

each day they may be engaged in the aforesaid duties.

Passed at Dover, February 1, 1866.

Commissioners.

return.

Commis

CONCERNING ROADS.

CHAPTER 61.

CHANGE OF PUBLIC ROAD AUTHORIZED.

Sec. 1. T. W. Burton authorized to straighten

public road. Conrse of new road.

Sec. 2. Costs, how to be paid.

Old road vacated.

An Act to enable Thomas W. Burton to straighten a certain Public Road

on his own land in Indian River 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 Thomas W. Burton be and he is hereby authorized to straighten To WrBurton the public road running from Long Neck to Angola, in Indian public road. River hundred, in Sussex county, that is to say: Beginning at the end of a lane near the residence of the said Burton, at a point on new road. the aforesaid road, and running a straight line through the lands of the said Burton until it reaches the said county road again near a school-house on said road.

SECTION 2. And be it further enacted, That the cost of open-Costa, how ing and straightening of the said road shall be paid by the said paid. Thomas W. Burton, and that when said road shall be opened and put in good order for public travel, the said Thomas W. Burton may vacate and enclose so much of the old road as is supplied vacated. by the new road.

Passed at Dover, February 2, 1866.

Old road

CHAPTER 62.

PUBLIC ROAD AUTHORIZED.

SBC. I. Commissioners appointed to lay out new

road.
Location, Surveyor, plot, damages.
Return of Commissioners, what to show,

SEC. 2. Plot and return, where filed.

To be laid before Levy Court.
3. Commissioners and Surveyor to be sworn

Compensation.
4. Public act.

An Act to authorize the laying out a Public Road in Little Creek 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 John Morris, Joshua Cannon, and William H. Wheatly be and Commisthey are hereby appointed commissioners to go upon and view the

C'ONCERNING ROADS.

Location.

Plot.

Return of Commissioners.

premises and determine whether there is need of a new public road, commencing at a point at or near the Depot, on the Delaware Rail road, at Laurel, in Sussex county, and running from thence on the division line between the lands of William S. Callaway, and lands of Levin S. Callaway, until it intersects the public road leading from Nathaniel Horsey's mill to the town of Laurel; and if the said commissioners, or a majority of them, determine that there

is need of a new public road, as above mentioned, then they Surveyor. shall, with the assistance of some skillful surveyor, to be by

them employed, lay out such public road, and shall cause a plot

of said road to be made, representing the courses and distances Damages. thereof, and shall assess any damages which may accrue to the

owners of the land through which said road may pass, taking into consideration all circumstances of advantage, as well as injury, resulting to such 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 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 as aforesaid, that the plot and return so to be made, as aforesaid, shall be returned by the

commissioners, or a majority of them, to the Clerk of the Peace To be laid

in and for Sussex county, to be by him laid before the Levy before Levy Court of said county, and the damages assessed being paid by

the parties particularly interested therein, the Levy Court aforesaid may adopt the same as a public road, and may make such appropriations as they may deem proper for opening the same and keeping it in repair.

SECTION 3. Be it further enacted as aforesaid, That the comsioners and missioners aforesaid, and the surveyor to be by them employed, be sworn. shall, before entering on the duties herein required of them, be

severally sworn or affirmed to perform the duties imposed by by this act, faithfully and impartially, according to the best of

their skill and judgment. They shall receive for their services Compensa- under this act such compensation as the said Levy Court may

allow.

SECTION 1. Be it further enacted as aforesaid, That this act shall be deemed and taken to be a public act.

Passed at Dover, February 2, 1866.

Plot and return

.

Commis

tion.

Pablic act.

CONCERNING ROADS.

CHAPTER 63.

ROAD TO BE OPENED

SE. 1. Levy Court Commissioner of Lewes and Sec. 1. Part of a certain road in said hundred
Rehoboth Hundred.

directed to be opened.

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An Act to open a part of a new Public Road in Lewes and Rehoboth Hun.

dred, 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 the Levy Court Commissioner of Lewes and Rehoboth hundred, Ti.C.Com, Sussex county, be and he is hereby authorized and directed to open a road. open a certain part of a new road laid out and confirmed by the Court of General Sessions of the Peace, in and for Sussex county, that is to say: Beginning at the lower end of the new public road lately opened, and at a point on the mill road running through the lands of John Marsh, William D. Paynter, James Magee, John Morrix and Joseph Morrix, and terminating at the county road leading from the Rehoboth beach to Burton's mill.

Passed at Dover, February 2, 1866.

CHAPTER 64.

CHANGE OF A PUBLIC ROAD AUTHORIZED.

Sec. 1. Commissioners authorized to change a

public road in Kent County. Course of new road. 2. Map and return of commissioners,

Where returned, what to show.

SxC, 3. Levy Court may adopt new road.

When opened to be a public road.

Old road racated.
1. Commissioners to be sworn.

Their compensation.
5. Public act.

An Act appointing Commissioners to change and straighten the course of a

Public Road in Kent County.

sioners.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Edward Beck, Horace Spruance, John H. Hoffecker, Peter Mere- Commisdith and John Green be and they are hereby appointed commissioners to go upon and view the public road in Duck Creek hundred, leading from Spruance's Crossing, a point on the Delaware Railroad, to the Smyrna and Kenton road, and if in their judg. ment, 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 said public road as follows, to wit:

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