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CONCERNING ROADS.

CHAPTER 59.

PUBLIC ROAD AUTHORIZED.

Sec. l. 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.

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

üred, Kent county.

Commissioners.

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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 Location.

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 conve-
nience 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 com-
putation 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

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

Plot.

Commis. sioners.

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returned.

CONCERNING ROADS.

view.

Com

be sworn.

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 survey or 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 AI'THORIZED.

1. Commissioners authorized to determine

the nece-sity of new road
Location.
Surveyor, plot, damages, return of

Commissioners.

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

Sworn.
Compensation.

in Act to authorize the laying out a Public Road in Indian River

Hundred

SECTION 1. Be it enacted by the Senate anıl House of Representatives of the State of Delaware in General Assembly met, That Dagworthy Derrickson, James F. Martin, Shepard P. Martin, Commi:John M. Hopkins, and William E. Hazzard, of Sussex county,

.

CONCERNING ROADS.

Location.

Plot

Darages.

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 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 private convenience or detriment, and shall cause a plot of the 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, That the plot and returns 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 Surveyor to M. Hopkins, and William E. Hazzard, and the surveyor em

ployed by them, shall, before performing the duties herein assigned 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.

Return of Commissioners.

Plot and return.

Commissioners and

be worn.

CONCERNING ROADS.

CHAPTER 61.

CHANGE OF PUBLIC ROAD AUTHORIZED.

Sec. 1. T. W Burton authorized to straighten

public road. Course of new road.

Sec. 2. Costs, how to be paid.

Old road vacated.

Course of

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

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 T. W.Burton

to 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- Costs, 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, 1966.

Old road

CHAPTER 62.

PUBLIC ROAD AUTHORIZED.

SB. 1. Commissioners appointed to lay out new

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

SEC. 2. Plot and return, where filed.

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

Compensation.
4. Public act.

An Act to authorize the laying out u 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 Comenis they are hereby appointed commissioners to go upon and view the

(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,
into consideration all circumstances of advantage, as well as in-
jury, 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

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,

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.

To be laia

Commis.

be sworn.

tion.

Pabllc act.

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