Commissioners to be sworn or affirmed. how filled. OF ROADS AND BRIDGES. Court aforesaid, and when said return and plot are approved by the said Levy Court, an appropriation may be made for opening the same as a public road, and when opened shall in all respects be a public road in Kent County. SECTION 3. That the Commissioners shall be sworn or affirmed to perform their duties with fidelity. Any Commissioner neglecting or refusing to serve or dying before the Vacancy duties required of him under this act shall be fully completed, the Associate Judge residing in Kent County may appoint some person or persons to fill the vacancy or vacancies so occurring upon the application of three citizens of Kent County by petition preferred to said Judge. Fees. SECTION 4. That the Commissioners shall be allowed one dollar per day for each day's actual service in the performance of their duties. The Surveyor shall be allowed such compensation as the Levy Court may determine. The fees of Commissioners, Surveyor and other persons employed shall be paid by the said Levy Court. Passed at Dover, February 15, 1887. Commissioners. Location. CHAPTER 106. OF ROADS AND BRIDGES. AN ACT to authorize the laying out of a new road in Broad Creek Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met. SECTION I. That Thomas H. Riggin, Thomas Pepper and Jacob W. Cannon be and they are hereby appointed commissioners to go upon and view the premises and determine whether there is need of a public road in Broad Creek Hundred, Sussex County, Del., to begin at what is known as the Laurel and Millsboro road, and opposite the end or mouth of a public road that leads from the said Laurel and Millsboro road, and run from thence across lands of Hudson Hitchens, OF ROADS AND BRIDGES. made. better known as the "Julia Field," in a southerly direction to lands of John H. Shiles, then across the same on or near the road bed of a private road that leads by a tenant house of the said Shiles, still following said private road bed across James W. Hastings' land to land owned by Joseph C. Warrington, then across the same to and terminating at the public road leading from Shiloh Meth. Prot. Church to Rodney's Store, and if they or a majority of them shall determine that there is need of such a road they shall, with the assistance of a skillful surveyor to be by them elected, lay out such new road as they may deem proper, having respect to the nature of the ground, the shortness of the distance, and all circumstances of public convenience, and shall cause a plot thereof Plot to be to be made representing the courses and distances thereof and they shall assess the damages which may be sustained by any Damages. owner or owners of land through which the said road shall pass, taking into consideration the circumstances of benefit ast well as injury which will accrue to each of said owners by reason of laying out of said road, and they shall make a computation of the cost of opening and making said road, and if a road shall be laid out shall, in their return to be made to the Return to Clerk of the Peace, in and for Sussex County, set forth a de- be made to scription of said road, their determination that there is need of the of the same for public travel and convenience, and an estimate of the cost thereof, setting down the several items of said costs, and shall annex to their said return the plat as aforesaid. the Clerk Peace. Clerk of the SECTION 2. That the plat and return so to be made as aforesaid by the said commissioners shall be returned to the Clerk of the Peace, in and for Sussex County, to be by him Duty of the laid before the Levy Court of said county, and if the Levy Peace. Court shall approve the said road so laid out as aforesaid they shall make such allowances as may be necessary to make and open the same; and when said road shall have been adopted as a public road by said Levy Court the same shall remain subject to the same regulations and laws as other public roads in said county. Commis be sworn. SECTION 3. That the said commissioners and surveyor, goners and before performing their respective duties under this act, shall surveyor to be severally sworn or affirmed, to perform the same according to the best of their skill and judgment, either of said commissioners may administer the oath or affirmation to the other commissioners and to the surveyor; and any act or determination of a majority shall be as valid as if all had concurred. Vancaney. OF ROADS AND BRIDGES. In case of a vacancy or vacancies in the number of commisHow filled. sioners herein before named from any cause, another or other Fees. commissioners may be appointed by any Justice of the Peace in said county. The fees of commissioners, surveyor and chain carriers shall be the same as are provided by law for similar service in laying out of public roads, and shall be paid by the Levy Court of Sussex County. SECTION 4. That this act shall be deemed and taken to be a public act. Passed at Dover, February 15, 1887. Stansbury to straight Location. CHAPTER 107. OF ROADS AND BRIDGES. AN ACT authorizing Stansbury C. Matthews to straighten a Public Road on his own land in Broad Creek Hundred, Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That Stansbury C. Matthews is hereby C. Mathews authorized, directed and empowered to straighten that part en public of the public road running through his own land in Broad road. Creek Hundred, beginning at a point on the Millsboro road where the old private road leads to said "Matthews' house," thence straight to a point in said road near the corner of said "Matthews' house " field where the steam mill now stands, thence straight to a point in said road at or near the end of Wm. J. Wyatt's lane. At the expense of Faid SECTION 2. That the said Stansbury C. Matthews shall lay out, change and make at his own expense the said road, Mathews. and put the same in good order for public travel, making the said road the width required by law; and after the said road is made, open and put in good order for public travel, as When to be aforesaid, that then and from thenceforth the said road shall public road. be deemed a public road and shall be repaired and kept up at public expense, as other roads in said county. deemed a SECTION 3. That after the said road shall have been laid OF ROADS AND BRIDGES. out, opened and made and put in good order for public travel as aforesaid, it shall and may be lawful for the said Stansbury C. Matthews to stop up and enclose so much of the old road Old road as is not used in making the change of said road. Passed at Dover, February 16, 1887. enclosed, CHAPTER 108. OF ROADS AND BRIDGES. AN ACT to enable Robert Fisher to change a part of the Public Road leading from the Dover and Horsehead road to the Dover and Kenton road. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Fisher to SECTION 1. Robert Fisher is hereby authorized and Robert empowered to alter and change so much of the present site change pubor bed of the public road leading from the Dover and Horse- Location. head road to the Dover and Kenton road in East Dover Hundred as is now located on his land in such manner as that said site or road bed shall run on and along the line between said Fisher's land and lands of Robert C. Fiss as far as practicable, and on the east side of the ditch along said road; Provided that the whole of said road-bed so to be changed as aforesaid shall be located, laid out and made upon said. Fisher's land, except so much thereof as said Robert C. Fiss may agree shall be placed on his land. lic road. pense of SECTION 2. The entire cost and expense of making said At the exchange shall be borne by said Robert Fisher; and when said said Fisher. change shall have been made and fully completed, and the new part of said road put in good order and condition for travel at said Fisher's cost, the same shall be accepted as part of said road leading from the Dover and Horsehead road to the Dover and Kenton road, and the old portion for which the said new part is substituted shall become vacant and revert to the use of said Robert Fisher, his heirs and assigns, Old road the same as though it never had been laid out as part of said road. enclosed.. OF FOADS AND BRIDGES. SECTION 3. This act shall be deemed a public act and printed as such. Passed at Dover, February 23, 1887. CHAPTER 109. OF ROADS AND BRIDGES. AN ACT to vacate part of a public road in Lewes and Rehoboth Hundreds, Sussex County. WHEREAS, So much of the old public road lying and Preamble. being in Sussex County, leading from Cool Spring Presbyterian Church to the point of intersection with the State road leading from Georgetown to Lewes has for various reasons become unnecessary for any public use; and, wacated. WHEREAS, It appears by the petition of the parties whose lands are intersected by the said road and claiming the fee simple to the said road, subject to its use as a road, as aforesaid, that satisfactory arrangements have been entered into between the parties interested and the public for the vacation of the said road and its enclosure; therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That all that portion of the said old road Part of road lying between Cool Spring Presbyterian Church and the State Road be and the same is hereby vacated, and the same may be enclosed and held by the parties holding the fee simple therein. SECTION 2. That this act shall be deemed and taken as Public act. a public act. Passed at Dover, February 23, 1887. |