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CONCERNING ROADS.

CHAPTER 63.

ROAD TO BE OPENED.

, 1. Levy Court Commissioner of Lewes and

Rehoboth Hundred.

SEC. 1. Part of a certain road in said hundred

directed to be opened.

S

directed to

An Art to open at part of a new Public Road in Leurs 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, L. 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.

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sioners.

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

Public Road in Kent County. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Edward Beck, Ilorace Spruance, John H. Hoffecker, Peter Mere Commisdith and John Green be and they are hereby appointed cominissioners 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:

CONCERNING RAILROADS.

new road.

Map and return of

ers. Where returned.

What to show.

Course of Beginning at the junction of the said road leading from Spru

ance's crossing to the Smyrna and Kenton road and the public road leading to Brenford Station, and from thence running the same course of the said road from Spruance's Crossing to the said junction, through lands of James W. Spruance and lands of Henry P. Massey, until it strikes or reaches a point in the common boundary or division line between lands of the said Henry P. Massey and lands of John L. Bilderback, and from thence running by and with the course of the said boundary or division line between said Massey and said Bilderback until it reaches the public road leading from Smyrna to Kenton.

SECTION 2. And 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 discommission- tances of the road as hereby authorized to be changed and

straightened 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 be allowed, to the persons through whose lands the alteration in said road shall pass.

SECTION 3. Be it further enacted, That the Levy Court of Kent Levy Court county may adopt the alterations and changes made by the commay adopt. missioners aforesaid as a part of the road leading from Spruance's

Crossing aforesaid to the Smyrna and Kenton road aforesaid, 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 To be a pub- public road, and that part of the old road superceded by the

alterations and changes hereby authorized to be made, shall thereOld rond ve- upon be vacated and may be enclosed by the persons through

whose lands the said vacated portion of the old road passes, and in any proceedings against them for so doing they may give this act in evidence under the general issue as their sufficient justification.

SECTION 4. Be it further enacted, That the commissioners Coronission aforesaid, before entering upon their duties under this act, shall

be severally sworn or affirmed to discharge the duties herein imposed impartially and to the best of their skill and judgment,

and may respectively administer the oath or affirmation to each Their com- other. They shall receive each the sum of two dollars for each pensation days attendance as commissioners aforesaid, to be allowed together

with all other costs by the Levy Court of Kent county as in other cases.

SECTION 5. Be it further enacted, That this act shall be deemed Public act. and taken to be a public act.

Passed at Dover, February 7, 1866.

lic road.

cated.

to sworn.

.

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Course.

An Act to authorize Willian II. Veasey to change the location of a Public

Road upon his own land, 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 William W. Veasey be and he is hereby authorized to change Wm. W. the location and straighten the public road leading past the change

Veasey to said William W. Veasey's residence, in Sussex county, as fol-eblice road. lows, to wit: Beginning at a point in the road running to Cool Spring, eighty-six yards in an eastwardly direction from where the road leading to the Beaver Dam intersects with the aforesaid road running to Cool Spring; from thence running in a southeasterly direction until it intersects with the road leading to the Beaver Dam aforesaid, eighty yards distant from the dwelling house owned by the said William W. Veasey; Provided nevertheless, That the said William W. Veasey shall not enclose or Road vacaotherwise obstruct any part of the said original road until he, at ted. his own proper charge and cost, shall have opened and good traveling condition the new road hereby authorized to be made by the change as aforesaid.

Passed at Dover, February 7, 1866.

put

CHAPTER 66.

CHANGE OF PUBLIC ROAD AUTHORIZED.

SE4.1. Commissioners authorized to change pub

lic road. Location.

Surveyor, plot, daraazer. 2. Plot, &c., where returned. 3. At whore expense raid road to be opened.

When opened to be a public road.

SEC. 4. Who niay enclose vacated part of old

road.
5. Commissioners and Surveyor to be

Sworn.
Compensation
6. Public act.

An Act appointing Commissioners to change and straighten the course of

a Public Road in Vorth West Fork Hundred, Sussex Countyy. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That William E. Rogers, Haulsey Mastin, and Nathaniel Horsey be con mission

CONCERNING ROADS.

Location.

a

Plot.

Damages.

where returned.

and they are hereby appointed commissioners to go upon and view that part of the public road that leads from Horsey's CrossRoads to Seaford, from the dwelling house of Robert Frame to the dwelling house Jerome B. Layton, in North West Fork hundred, Sussex county, and if in their judgment, or in the judg. ment of a majority of them, the public convenience will not be

impaired by changing the course and straightening that part of the Surveyor. said public road, they shall call to their assistance some skillful sur

veyor and change and straighten said public road, and vacate so much of the old road as is supplied by this change, and shall cause a plot thereof to be made representing the courses and distances thereof, with notes of the most remarkable places, by or through which the same shall pass, and representing the part of the old road to be vacated, and assess the damages, if any, to the owner or owners of any lands and improvement through which the

said road may pass by the making of the change as aforesaid. Plot, &c.,

SECTION 2. And be it further enacted as aforesaid, That the plot and return so to be made, as aforesaid, by the said commissioners, shall be returned to the office of the Clerk of the Peace, in and for Sussex county, and by him to be recorded.

SECTION 3. Be it further enacted as aforesaid, That after the commissioners aforesaid shall have laid out and changed said road, it shall and may be lawful for Robert Frame to open the said road for public travel, and for that purpose to make all necessary causeways and bridges, and to cut and remove any wood or timber standing in said road, and remove all other

obstructions therefrom, at his own expense, and without cost and To ho a pub.charges to Sussex county; and when so opened for public travel,

the said road shall be deemed and taken to be a public road, and the Levy Court of said county may appoint an overseer therefor, and keep the said road open and in repair in the same manner as other public roads in Sussex county.

SECTION 4. And be it further enacted as aforesaid, That after the said road shall have been opened to public travel it shall and

may be lawful for the owner or owners of the land through Enclosure of part or vid which the vacated part of the road passes to enclose the same, tead vaca- and in any proceedings against them for so doing they may

give this act in evidence under the general issue as their suflicient justification.

SECTION 5. And be it further enacted as aforesaid, That the Commission-commissioners aforesaid, and the surveyor by them nominated veyor to be and appointed for the service aforesaid, shall

, before entering upon their duties under this act, be sworn or asfirmed to discharge the duties herein imposed impartially, and to the best of their skill and judgment, and may respectively administer the oath or affirmation to each other. The said commissioners and sur

At whose expense road to be opened.

lic road.

worn.

CONCERNING ROADS.

tion.

veyor shall receive the fee usually allowed in like cases by the Compennacourts of this State for like services, for each days attendance, and for making out plot, notes, and report.

SECTION 3. Be it further enacted as aforesaid, That this act Public act. shall be deemed and taken to be a public act.

Passed at Dover, February 13, 1866.

CHAPTER 67.

CHANGE OF PUBLIC ROAD AUTHORIZED.

Sec. 1. J. R. Ricards authorized to change a SEC. 2. Cost of opening new road, how paid. public road in North West Fork Hun.

When opened and accepted by Levy
dred.

Court to be a public road.
Location.

Said J. R. Ricards may enclose old road.

ards authoi

change

An Act to authorize John R. Ricards to change a certain Public Road in

North West Fork Hundred, Sussex County. Delaware.
Be it enacted by the Senate and House of Representatives of the
State of Delaware in General Assembly met,

SECTION 1. That John R. Ricards be and is hereby author. JR RICE ized and empowered to alter and change the public road in North ired to West Fork hundred, Sussex county, that leads from Dale's Cross-publice road. ing, on the Delaware Railroad, to Cannon's mill, in the following Location. manner, that is to say: Beginning at the first turn in said road, running from Dale's Crossing, and run a straight line the same course from said crossing until it intersects with an old fence now at or near a line of land belonging to said John R. Ricards and heirs of William Cannon, deceased, and from thence running a south-westerly course to the junction of the aforesaid road with the State road leading from Bridgeville to Cannon's mill and St. Johnstown.

SECTION 2. That the aforesaid John R. Ricards shall lay out and make, at his own proper cost and charge, the said road, and paid. put the same in good order the width required by law, and after the same is made, opened and put in good order as aforesaid, and accepted by the Levy Court of Sussex county, that then and from thenceforth the said road shall be a public road, and kept to be a pubup at the public expense as other roads in said county, and it shall be lawful for the said John R. Rickards to enclose such por-old road. tion of the old road as is rendered useless by such change.

Passed at Dover, February 13, 1866.

Custs, how

lic road

Enclosure of

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