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OF ROADS.

may be appointed by the remaining commissioner or commissioners to supply such vacancy or vacancies.

SECTION 5. That this act shall be deemed and taken to Public act. be a public act.

Passed at Dover, April 24, 1891.

CHAPTER 171.

OF ROADS.

AN ACT to re-establish the Course of a Public Road in Mispillion Hundred, Kent County.

Whereas the Levy Court of Kent county, in accepting a Preamble. certain piece of low land or causeway, not exceeding twenty feet in width, located at the farm of James T. Simpson, where he now resides, in Mispillion hundred, in lieu of a forty feet road of high land, thus changing the course of the public road leading from Harrington to Vernon, Delaware, have greatly inconvenienced the traveling public; now therefore

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

of Kent

SECTION I. That the Levy Court of Kent county be and Levy Court they are hereby directed to re-establish the course of the said county public road in Mispillion hundred leading from Harrington directed to to Vernon, Delaware, at or near the home farm of the said course of James T. Simpson, so as that the old road bed, forty feet in Description. width, can be used for public travel.

SECTION 2. This act shall be deemed and taken to be a public act.

Passed at Dover, May 14, 1891.

public road.

OF BRIDGES.

Section 1,
Chapter 575,

CHAPTER 172.

OF ROADS.

AN ACT to amend Section 1, Chapter 575, Vol. 18, Laws of Delaware, entitled “An act in relation to the Road Commissioners of Red Lion Hundred."

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION I.

That Section first, Chapter 575, Vol. 18, Laws Volume 18,' of Delaware, be and the same is hereby amended by striking amended. out in line four of said section the word "three" (3) and inserting in lieu thereof the word "six."

Passed at Dover, April 14, 1891.

Board of
Directors of

Marsh Com

pany authorized to construct a

over

CHAPTER 173.

OF BRIDGES.

AN ACT for the erection of a Drawbridge over the Brandywine Creek or River, in New Castle County.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. The board of directors of the Cherry Island Cherry Marsh Company (a corporation of the State of Delaware) Island and their successors in office, are hereby authorized and empowered to construct a drawbridge over and across the Brandywine creek in said county, at a point to be selected drawbridge by said board of directors between the southerly line of Brandywine Fourth street extended and the northerly line of Eighth Where street extended, in the city of Wilmington, and they may enter into all proper contracts for the construction of said bridge, and shall pay for the same out of the funds coming into their hands for such purpose. A majority of said board may do any and all acts and things that are conferred upon

creek.

located.

OF BRIDGES.

constructed.

the board of directors under this act. The said bridge shall How
be so constructed as to afford ordinary travel for horses, car-
riages, wagons, etc., from the Cherry Island Marsh to what
is known as the Brandywine Marsh, and vice versa.

bridge.

SECTION 2. The said bridge shall have a draw with an Draw of opening of forty feet wide, which may be swung upon a center pier, or may be constructed after any other plan which may be adopted by said board. In the building of said bridge the said board of directors shall have full authority Authority of to do any act or thing in the bed of said creek or upon the Directors. adjacent shore that to them may seem necessary, so that navigation is not unduly obstructed thereby.

Board of

how raised.

SECTION 3. To raise the necessary funds, the said direc- Funds, tors are authorized to receive donations of money, goods, chattels,, or conveyances of land or other valuable things, from any person or corporation, and to enter into any contract or contracts with any person or corporation with respect to any donation or subscription, as aforesaid, and may enforce any such contract by action at law severally against such subscribers. Should the private subscriptions be in- Private subsufficient to build said bridge, then the Cherry Island Marsh in inCompany by its board of directors, and the city of Wilming-how raised. ton by its City Council, and the Levy Court of said county, or their successors, may each, out of the funds in their control, severally subscribe a sum in aid of said bridge in their discretion, not exceeding the sum of five hundred dollars for and against each of said bodies respectively.

sufficient,

approaches

how ob

SECTION 4. The said directors may purchase or take by Land for gift such land as may be necessary to constitute the ap- to bridge, proaches to said bridge at either end, and in case they can- tained. not agree upon the price with any owner of any such land, then they may condemn such land in the same manner and way, as near as can be, that lands for streets is or may be condemned in the city of Wilmington; the directors paying the damages that may be assessed if they take the land.

county of

SECTION 5. When the said bridge is ready to be thrown Bridge open for travel the said directors shall, and they are hereby granted to directed and empowered to grant by deed the said bridge to New Castle. the county of New Castle; and when such deed is executed, and by the grantors therein placed of record in the Recorder's office of said county, the said bridge shall become the property

Public act.

OF BRIDGES.

of said county, and shall be then and there accepted and thereafter be maintained and taken charge of by the Levy Court of said county, or those who may succeed them in county control.

SECTION 6. This act shall be a public act and have effect accordingly.

Passed at Dover, April 27, 1891.

Bridge over the Brandy

CHAPTER 174.

OF BRIDGES.

AN ACT to enable the Levy Court of New Castle County to build a Bridge over the Brandywine Creek.

SECTION I. Be it enacted by the Senate and House of wine Creek. Representatives of the State of Delaware in General Assem bly met: That the Levy Court of New Castle county shall have and is hereby granted full power and authority to construct a bridge over the Brandywine Creek, at a point between the westerly side of Broome street and the Wilmington and Brandywine Cemetery, in the city of Wilmington.

Construc

SECTION 2. And be it further enacted, That whenever it shall be necessary for the Levy Court aforesaid, for the purpose of building the said bridge or the approaches thereto, or making the same accessible, to enter in and upon and occupy any lands, the owner of which refuses to permit such entry.and occupation, then it shall be lawful for the Superior Court of New Castle county, in term time, or any judge of the said court in vacation, upon application of the said Levy Court, and at the cost and charge of the same, to appoint five disinterested men of the said county who shall go upon the said Assessment lands and assess the damage of such owner or owners, fairly of damages. and impartially, taking into consideration all the benefits to

be derived from or in consequence of said bridge to the said owner or owners, and the said commissioners shall certify their finding and award to both parties; whereupon the Levy Court, on paying the damages so assessed, shall become entitled to have, use and enjoy the said lands for the purpose

OF BRIDGES.

required by them forever. And in case the owner or owners of any land necessary for the purpose of the Levy Court shall be a minor or non-resident, or for any cause incapable of receiving, or unwilling or neglecting to receive said damages, the said Levy Court may deposit the amount of said damages to the credit of said owner or owners in the Farmers' Bank of the State of Delaware at Wilmington, subject to the order of such owner or owners, whereupon the said Levy Court shall be entitled to have, use and enjoy the said lands and premises required for the purposes aforesaid, for or on account of which the damages shall have been so assessed. The expense of the assessment of said damages shall be paid by the Levy Court.

the rules and

of Park

SECTION 3. Be it further enacted, That any bridge which Bridge under may be erected and constructed under and pursuant to the regulations terms and provisions of this act shall, in all respects, con- Commisform to and be subject to all the rules and regulations now in force or that may hereafter be adopted by the Board of Park Commissioners of the city of Wilmington.

Passed at Dover, May 15, 1891.

sioners of Wilmington.

CHAPTER 175

OF BRIDGES.

AN ACT to authorize the Levy Court of Kent County to Construct a Pivotbridge over Murderkill River and to Lay Out a New Road.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

over Mur

located.

SECTION I. That the Levy Court of Kent county be and Pivot bridge it is hereby authorized and empowered to construct and build, derkill river, or cause to be built, a good and sufficient pivot-bridge over where to be Murderkill river, the line dividing South Murderkill and Milford hundreds, Kent county, between the town of Frederica and Bowers' Beach. The said Levy Court to provide How paid for the payment of the cost of constructing said bridge. The for. said bridge, when constructed, shall be at least of forty feet

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