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pointed commissioners to go upon and view the premises and determine whether there is need of a new public road in
Baltimore hundred, Sussex county, to be of the same width Description as other public roads in said county, to begin at some con
venient point on the county road leading from Millville to
need of a public road, as aforesaid, they shall, with the asSurvey and sistance of a surveyor to be selected by them, lay out the same laying out of :.
in the best way, having respect to the nature of the ground,
the distance and other circumstances of public or private Map of road. convenience or detriment, and shall make a map of said
road, showing its courses, distances, the woodland and clear
land through which it passes, and other proper notes, and Assessment shall assess the charges of every owner or holder of such lands,
on occasion of the road, considering all circumstances of benefit or injury which may accrue therefrom, and shall compute the cost of opening and making such road and of making the bridges and causeways therein severally, and shall make said map, assessment of damages and computations of cost, and also their determinations that such road is needed for public convenience, part of their return, which said return shall be by them deposited with the Clerk of the
Peace of Sussex county, within six months of the passage
he of this act, and shall be by said Clerk of the Peace laid bePeace. fore the Levy Court of said county at their next ensuing Duty of stated meeting that an appropriation for opening the same
as a public road inay be made by them, and thereupon the
of charges, etc.
Computation of cost.
said road shall be deemed and taken to be established as a new public road, and shall be opened, made and repaired in the same manner and at the same charges and by the same parties as other public roads in Sussex county are opened, made and repaired, and all laws relating generally to the other public roads in said county shall be applicable to said new public road.
SECTION 2. That the commissioners and surveyor, before Oath of entering upon the duties hereby assigned them, shall be sioners and sworn or affirmed faithfully and impartially to perform the Surveyor. same according to the best of their skill and judgment, which oath or affirmation may be administered by either of said commissioners. The acts of a majority of said cominissioners shall be as valid as if concurred in by all of them. In case of a vacancy or vacancies occurring among said vacancies. commissioners, another or others may be appointed to fill such vacancy or vacancies by any justice of the peace in Sussex county, upon application in writing made to him by any party or parties interested in the laying out of said new public road.
SECTION 3. That the fees of the commissioners and sur- Fees. veyor and chain carriers, and such other persons as may be employed in laying out said new public road, shall be the same as now provided by law for such services in laying out new public roads, and shall be paid in like manner.
Passed at Dover, April 23, 1891.
SECTION 1. That Robert D. Stevenson, James H. Hood, Commisand Joshua R. Benton be and they are hereby appointed view and lay commissioners to go upon and view the premises and deter- put a new mine whether there is need of a public road to begin at a
laying out of new road. Plot.
Description point called Wine's Corner, on the county road leading
from Long Neck to St. Georges' Chapel; thence on a line between the lands of Peter R. Burton and Alfred L. Burton; thence on a line between the lands of Alfred L. Burton and John A. Lingo; thence through the lands of Alfred L. Burton; thence through the lands of John A. Lingo; thence through the lands of William W. Goslee's heirs; thence on a line between lands of William W. Goslee's heirs and John A. Lingo; thence on a line between lands of Kendal J. Warrington and John A. Lingo, to the county road leading to Millsboro and connecting with said road at a point called Prettyman's lane; and if they or
a majority of them shall determine that there is need of such Survey and a road, they shall, with the assistance of some skillful sur
of veyor, to be by them selected, lay out such new public road as they may deem proper, and shall cause a plot thereof to be made, representing the courses and distances thereof, and of
the land by and through which the same shall pass; and Assessment they shall assess the damages of every owner of said lands
and improvements by the reason of laying out said road, taking into consideration all the circumstances of benefits as
well as injury which will accrue to each of said owners; and Computa.. they shall make a computation of the costs of opening and
making said road, and making the said bridges and cause
ways thereon, setting down the several items of costs. And Return of if a road shall be laid out they shall, in their return to be
made to the Clerk of the Peace in and for Sussex county, set forth a description of said road, and their determination that there is need of the same for public convenience, and shall annex to their said return the plot as aforesaid.
tion of costs, etc.
Clerk of the
Duty of SECTION 2. The plot and return so to be made, as aforePeace." said, by the said commissioners, shall be returned to the
Clerk of the Peace in and for Sussex county, aforesaid, to be by him laid before the Levy Court of said county; and the said Levy Court may adopt said road as a public road or higliway, and settle such damages as may have been assessed; and when said road shall have been adopted as a public road by the said Levy Court the same shall remain subject to the same regulations and laws as other public roads in said county.
Oath of Commis.
SECTION 3. That the said commissioners and surveyor, sioners and before performing their respective duties under this act, shall Surveyor.
be sworn or affirmed to perform the same according to the
best of their skill and judgment respectively, which oath may be administered by either of said commissioners. The acts of a majority of said cominissioners shall be as valid as if concurred in by all of them. In case of a vacancy or va- Vacancies. cancies, another or others may be appointed commissioner or commissioners by any justice of the peace residing within said county. The fee of the commissioners shall be one dol- Fees. lar, and the compensation of the surveyor two dollars for each day actually employed, with a compensation to the surveyor for the plot.
Passed at Dover, April 23, 1891.
Indian River Hundred, Sussex County," passed at Dover, April 11, 1889.
out a new
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. That the words “shall adopt" in the fourth Act to lay and fifth lines of Section second of said act be stricken out public road and the words “may adopt" be inserted in lieu thereof, so River hunthat said section shall read as follows: “And the said Levy amended. Court may adopt said road or highway.”
Passed at Dover, April 27, 1891.
AN ACT to make a Private Road in Cedar Creek Hundred, Sussex County,
a Public Road.
accepted as a
Be it enacted by the Senate and House of Representatives
of the State of Delaware in General Assembly met: Private road SECTION 1. That the private road starting at a point in public road. Cedar Creek hundred, Sussex county, on the main road lead
ing from Milford to Slaughter Beach and terminating at Davis' Landing on Cedar Creek, and running through lands of Joseph B. Sheppard and others, be and the same is hereby accepted as a public road, and the Levy Court of Sussex 'county is hereby authorized and directed to maintain the same as a public road hereafter.
SECTION 2. This act shall be deemed and taken to be a public act.
Passed at Dover, April 28, 1891.
of the State of Delaware in General Assembly met: Commis. SECTION 1. That C. C. Stockley, J. G. Cannon, W. W. termine Rawlins, three judicious and impartial citizens and freetheir is need holders of Sussex county, be and they are hereby appointed
commissioners to go upon and view the lands and premises
and determine whether there is need of a public road in Course of Georgetown hundred, aforesaid, beginning at a point in the
public road leading from the residence of Charles T. Pepper to the town of Georgetown, where the new public road,
sioners to de
of a public road.