OF ROADS. and laying leading from the residence of Daniel Short to Georgetown, aforesaid, intersects the first mentioned public road; thence across the same, following a private road through the lands of Charles T. Pepper and John L. Tam, to the line of the lands of Mrs. Hiram T. Downing; thence along or near the dividing line of lands of Mrs. Hiram T. Downing, John L. Tam, Dr. Charles H. Richards, Peter S. Faucet, George C. Calhoun, Adolphus P. Ewing, the heirs of Gardiner H. Wright, deceased, and the lands of Dr. Charles H. Richards, to connect with Pine street in said town of Georgetown, and if they, or a majority of them, shall determine that there is need of a new public road, as above designated, they shall, with the assistance of a surveyor to be selected by them, lay Surveying out a new public road of the width of thirty feet, having out of new respect to the nature of the ground, the shortness of the dis- road. tance, and all circumstances of public convenience, and shall cause a plot thereof to be made, representing the plot. courses and distances thereof, through whose land the same shall pass, and they shall assess the damage of every owner Assessment of said lands, taking into consideration all the benefit, as well as injury, which will accrue to each of the owners, and they shall make a computation of the costs of opening Computaand making said road, the bridges and causeways included, tion of cost. setting down the several items of costs, and shall make return of all their proceedings to the Clerk of the Peace in Return of and for Sussex county, to be by him filed in his office as a record of a public road in Sussex county. The report shall be under the hands of said commissioners, or a majority of them. of damages. proceeding Peace. SECTION 2. It shall be the duty of the Clerk of the Peace, Duty of at the next regular or adjourned session of the Levy Court Clerk of the of Sussex county, after the return has been made to him and by him filed in his office, to lay the same before the Levy Court aforesaid, and when said road return and plot are approved by the said Levy Court an appropriation shall be Appropriamade by the said Levy Court for opening said road, and Court for when opened shall in all respects be a public road in Sussex opening county. tion by Levy road, etc. Commis SECTION 3. That the commissioners and surveyor shall Oath of be severally sworn or affirmed, before entering upon the sioners and duties hereby assigned to them, to perform the same faith- Surveyor. fully and impartially. The said commissioners may qualify each other and the surveyor. Any commissioner neglecting OF ROADS. Commis sion, how filled. Vacancies in or refusing to serve, or dying before the duties required of him under this act shall be fully completed, the associate judge, residing in Sussex county, may appoint some person or persons to fill the vacancy or vacancies so occurring, upon the application of three citizens of Sussex county by petition preferred to said judge. Acts of majority. Fees. SECTION 4. An act or determination of a majority of said commissioners shall be as valid as if all had concurred therein. The fees of the commissioners, surveyor and such other persons as may be employed in laying out said road, shall be the same as now provided by law for such services and shall be paid in like manner. SECTION 5. That this act shall be deemed and taken as a public act. Passed at Dover, May 7, 1891. Section 2, CHAPTER 166. OF ROADS. AN ACT to amend Section 2, Chapter 441, Volume 16, Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That Section two, Chapter 441, Volume 16, Chapter 441, Laws of Delaware, be and is hereby amended by inserting amended. the words "one hundred and fifty dollars" in lieu of the words "of seventy-five dollars" in said section. Election of of funds, etc. SECTION 2. And the resident qualified voters may, at sioners, to their annual school meetings at the schoolhouse in Delmar, have charge elect three commissioners, who shall have charge of the expenditure of said funds, one of which shall act as overseer on said streets and may expend said funds on the streets running north and south as well as those running east and west in said town. Passed at Dover, May 14, 1891. OF ROADS. CHAPTER 167. OF ROADS. AN ACT authorizing the Laying Out of a New Public Road in Nanticoke and Dagsboro Hundreds, Sussex County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: sioners to need of a SECTION I. That Charles C. Stockley, Charles T. Pepper Commis and John C. Short be and they are hereby appointed commis- view and desioners to go upon and view the premises and determine termine the whether there is need of a public road in Nanticoke and new road. Dagsboro hundreds, Sussex county, to begin at or within Description three hundred yards south of the residence of Thomas H. of road. Fooks on the new public road leading from the Asbury Methodist Episcopal Church to Georgetown; thence in an easterly direction through the lands of Thomas H. Fooks, Minos T. Conoway and Daniel Short till it intersects the public road leading by the schoolhouse in School District No. 122 to Georgetown; and if they or a majority of them shall determine that there is need of such a road on the route designated, they shall, with the assistance of some skillful Commissurveyor to be by them chosen, lay out such new public to Surroad as they may deem proper, having respect to the nature veyor and of the ground and all circumstances of public convenience, road. and shall cause a plot thereof to be made, representing the courses and distances thereof; and they shall assess the Assessment damages which may be sustained by any owner or owners of land through which the said road shall pass, taking into consideration the circumstances of benefit as well as injury which will accrue to each of said owners; and they shall make a computation of the cost of opening and making said Computaroad and the several items thereof and shall annex the same of road and to said plot. sioners to lay out new of damages. tion of cost plot of road. to Clerk of SECTION 2. That the plot and return so to be made as Plot, etc, to aforesaid by said commissioners shall be returned to the be returned Clerk of the Peace in and for Sussex county, to be by him the Peace. laid before the Levy Court of said county at their next ensuing regular or adjourned meeting, and if the Levy Court Levy Court shall approve said road they shall make such allowance as to make almay be necessary to make and open the same, and when said lowance, etc. Oath of Surveyor. OF ROADS. road shall be approved by the Levy Court the same shall be a public road and subject to the same regulations as other public roads in said Sussex county. SECTION 3. That the said commissioners and surveyor, sioners and before performing their respective duties under this act, shall be severally sworn or affirmed to perform the same faithfully and impartially according to the best of their judgment and skill; and either of said commissioners may administer the oath or affirmation to the other commissioners and to the surActs of ma- veyor; and any act or determination of a majority shall be as valid as if all had concurred. jority valid. Vacancies in Fees of Coinmissioners, Surveyor and chain carriers. Public act. In case of a vacancy or vacancies in the commissioners herein before named, from any cause, the resident judge of Sussex county may appoint a commissioner or commissioners. to fill such vacancy or vacancies. SECTION 4. That the fees of commissioners, surveyor, and chain carriers, shall be the same as are provided by law for similar services in the laying out of public roads and shall be paid by the Levy Court of Sussex County. SECTION 5. This act shall be deemed and taken to be a public act. Passed at Dover, May 15, 1891. Preamble. CHAPTER 168. OF ROADS. AN ACT authorizing the Levy Court of Kent County to accept a certain Whereas Chapter 79, Volume 16, Laws of Delaware, authorized the changing of the course of the public road leading from Harrington, Delaware, to Burrsville, Maryland, by Reuben Ross and General A. T. A. Torbert, then the owners of the lands through which the courses of said road lay (the said Reuben Ross being now the owner of the land of General Torbert above referred to) and the enclosing of OF ROADS. such parts of the said road as were superseded by the said changed course by the said owners of the lands, and the course of the said road was so accordingly changed and the said superseded parts so accordingly enclosed; And whereas Section 4 of Chapter 137, Volume 17, Laws of Delaware, repealed the law above stated and authorized the owners of the land to enclose the new course of the said road by said law authorized, the old course having been reopened; And whereas the road, constructed by virtue of the said first-mentioned law, so repealed as aforesaid and ordered to be enclosed has never been enclosed, but has been since used as a public highway from Farmington, Delaware, to Vernon, Delaware, and thence to Burrsville, Maryland, and is necessary for the proper accommodation of the public; And whereas the said Reuben Ross has never been compensated for the land so taken (he being now the owner of all the land as hereinbefore stated) and for the labor performed by him on said road; now, therefore, Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: authorized authorized Chapter 139, SECTION 1. That the Levy Court of Kent county be and Levy Court it is hereby authorized to accept that part of the said road to accept authorized by Section 4, Chapter 137, Volume 17, Laws of public road Delaware, to be enclosed and now used as a public highway by Section 4, from Farmington, Delaware, to Vernon, Delaware, and thence Volume 17. to Burrsville, Maryland, as a public road and to mantain the same accordingly, and that the width of said part hereby ordered to be accepted be and the same is limited to thirty feet. of Kent SECTION 2. That the Levy Court of Kent county be and Levy Court they are hereby authorized to pay to Reuben Ross the sum county to of seventy-five dollars ($75) in consideration of labor done pay Reuben by him on said road and for the land so taken from him for for work on the public use. SECTION 3. public act. This act shall be deemed and taken to be a Passed at Dover, March 27, 1891. Ross $75, new road. |