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OF ROADS.

CHAPTER 157

OF ROADS.
AN ACT to establish a Public Road in Little Creek Hundred, Sussex

County.

sioners.

of road.

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

SECTION 1. That E. M. Lowe, Joseph W. Hastings and CommisSamuel Kenney, be and they are hereby appointed to go upon and view the premises and lands and determine if there is need of a public road leading from the Laurel and Delmar road, as follows: Beginning at a point in the westerly Description line of the said public road at a point where the dividing of line between the lands of Isaiah Beach and the dower lands of Elizabeth Hearn, widow of K. B. Hearn, deceased, intersects said public road, and running thence in a westerly direction with the said dividing line between the said Beachs' lands and lands of said Hearn to lands of W. M. Moore; thence in a westerly course with the dividing line between lands of the said Beach and lands of said Moore to lands of the Delaware Railroad Company; thence across the said Delaware Railroad Company's lands to lands of said Moore and lands of Hon. William L. Sirian; and thence westerly with the dividing line between the said Moore's lands and lands of said Sirman to a point the northwesterly corner for lands of said Moore and Sirman's lands.

If the said commissioners shall determine there is need Duty of of said public road, as aforesaid, then they shall locate and comeris lay down the same and assess the damages on account of the location of said road, and also the cost of making the same. They shall call to their assistance some skillful Employsurveyor, who shall run out the said road and locate the mentors boundaries thereof, and make a plot, to be by the said com- Plot and missioners returned to the Levy Court of Sussex county, return. with the other proceedings, at its next session, which shall be accepted by the said court as the public road aforesaid, and the said court shall make an allowance for the payment of Allowance all the costs attending the said public road exclusive of the soutezy damages for condemnation of lands and the making of the same and putting it in order. And the costs for damages, as

OF ROADS.

damages.

Costs for assessed by the said commissioners, and the making of said

road shall be borne and paid for by the said William L. Sirinan.

Surveyor.

Oath of SECTION 2. That the said commissioners and survevor, sioners and before entering on their respective duties, shall be sworn or

affirmed to perform their duties with fidelity.

Passed at Dover, March 2, 1891.

CHAPTER 158.

OF ROADS.
AN ACT appointing Freeholders to lay out a Public Road in Broadkiln

Hundred, Sussex County.

Freeholders
to view and
lay out a

road.

of road.

Be it enacted by the Senate and House of Representatives

[of the State of Delaware] in General Assembly met: Freeholders SECTION I. That Peter J. Hart, Thomas J. Perry and

and Benjainin T. Pettijohn, judicious and impartial citizens of new, public Sussex county, be and they are hereby appointed to go upon

and view the premises and determine whether there is

need of a public road in the county aforesaid, to commence Description at a point on the public road running from Milton to Cool

spring, at a corner between Sylvester Palmer (heirs) and Andrew J. Holland, and running direct between the lands of Thomas Wilmer, James Atkins, William H. Prettyman, William Vent, Thomas Walls, Jonathan Fox, Sylvester Palmer and Andrew J. Holland, to a point on the county road running from Coolspring to Milton, and if the said freeholders, or a majority of them, shall determine that

there is need of such a new public road as above menSurvey, etc. tioned, then they shall, with the assistance of a skillful sur

veyor to be by them employed, lay out such public road as shall be most advantageous to the public and the least detrimental to individuals, and shall cause a draught thereof to be made, showing the new road with notes of the most remarkable places and the lands and premises by and through which the said new road passes, having respect to

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OF ROADS.

of damages.

ing road.

tation of the the said new road andses on occasion of the of damment

return to be

Clerk of the

charges, etc.

the nature of the ground, the shortness of the distance and all the circumstances of public and private convenience or detriment, and shall assess the damages of every the owners Assessment or holders of said lands and premises on occasion of the laying out of the said new road and shall make a compu- Cost of opentation of the costs of opening and making said new road, " setting down the several items of said costs.

SECTION 2. That the said draught, together with a re- Draught and turn of the said commissioners, shall be returned to and filed with filed in the office of the Clerk of the Peace in and for Sus- Peace. sex county, to be by him laid before the Levy Court of said county, and if no sufficient objection is made thereto, then the said Levy Court of said county may affirm and Duty of

Levy Court. confirm the said draught and return of said commissioners, and may settle and pay the damages which may be Damages, assessed by the said commissioners and pay the legal charges of the commissioners, surveyor, etc., as other similar expenses are paid, and when the said draught and return shall have been so approved and confirmed the said new road inay be deemed and taken to be a public road, and the laws applicable to public roads in Sussex county are hereby extended to and shall apply to said new road.

SECTION 3. That the said commissioners, before per- Oath of forining the duties enjoined on them by this act, shall be sioners and severally sworn and affirmed to perforin their duties with Sury fidelity, and the surveyor (if one shall be employed) to perform the duties required of him faithfully and impartially, according to the best of his skill and judgment; which said oaths or affirmations the said commissioners are hereby authorized to administer to each other and to the surveyor by them employed, and the act of a majority of the said commissioners shall be as valid as if concurred in by all of them, and in case of any vacancy or vacancies another or Vacancies. other commissioners may be appointed by the remaining commissioners or commissioner to supply such vacancy or vacancies.

SECTION 4. That this aći shall be deemed and taken to be a public act.

Passed at Dover, April 8, 1891.

Commis

Surveyor.

OF ROADS.

CHAPTER 159.

OF ROADS.
AN ACT to Change and Straighten a Public Road in Broad Creek Hun.

dred, Sussex County.

Commissioners to

straighten road.

Road deemed a

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

SECTION 1. That William H. Moore and Wm. E. Wolf change and be and they are hereby authorized to change and straighten

en the public road in Broad Creek hundred, running from the Laurel and Seaford road to Benson Schoolhouse.

SECTION 2. That when the said road shall have been so public road, straightened by the said Moore and Wolf, and made passable,

the said road so straightened shall be deemed a public road and kept as other public roads of the county. So much of the present road that shall be vacated and* go to the proper owner thereof.

SECTION 3. That this act shall be deemed and taken to be a public act.

Passed at Dover, April 8, 1891.

etc.

CHAPTER 160.

OF ROADS.
AN ACT to Open a New Public Road in Broad Creek Hundred, Sussex

County.

sioners to
view and
lay out new 1.

Be it enacted by the Senate and House of Representatives

of the State of Delaware in General Assembly met: Commis- SECTION 1. That Jacob W. Cannon, Jno. S. Hudson, and view and M. G. Truitt, three judicious and impartial citizens and freepublic road, holders of Broad Creek hundred, Sussex county, Delaware, be

and they are hereby appointed to go upon and view the prem

* So enrolled.

lanceof Prod Creel,

OF ROADS.

f road.

sessment of
damages, etc

ises and determine whether there is need of a new public road Description
to begin at a corner of H. Clay Matthews' and Elijah Hudson's off
land, on the public road leading from Terrapin Hill by the
residence of Jacob W. Cummins, said point being about op-
posite the end of the public road leading by said H. Clay
Matthews' residence; thence run in a northwesterly direction
across said Elijah Hudson's land and lands of Handy Betts
and lands of Benj. M. Jones to and terminating at the public
road leading from Terrapin Hill to Laurel, and if they, or a
majority of them, shall determine that there is need of a new
public road, they shall (with the assistance of a skillful sur-Survey, as,
veyor by them employed) lay out the same, and assess the dam
damage, if any, and estimate the cost of making said road,
and cause a plot to be made representing the courses and dis-
tances thereof.

SECTION 2. That the plot and report, so to be made as Plot and re-
aforesaid, by the said commissioners, or a majority of them, burned to
shall be returned to the Clerk of the Peace in and for Sussex clie
county, to be by hiin laid before the Levy Court of said
county that they may make appropriation for the opening Duty of
and making of the same.

SECTION 3. That the commissioners are hereby author- Oath of ized to administer oaths to each other and to the surveyor by sioners and them employed.

Passed at Dover, April 22, 1891.

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Clerk of the
Peace.

Levy Court.

Commis

Surveyor.

CHAPTER 161.

OF ROADS.
AN ACT to lay out a New Public Road in Baltimore Hundred, Sussex

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

SECTION 1. That John I. Betts, George H. Townsend Commisand James H. Law, three judicious and impartial citizens view and lay and freeholders of Sussex county, be and are hereby ap- road."

sioners to

out a new

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