CONCERNING ROADS.

in Cherry Island Marsh, shall, from and after the passage of this act, be called and known by the name of "Vandever Avenue," and which shall be its proper designation.

Passed at Dover, January 18, 1866.

12 Vol. 640.

CHAPTER 50.

ROAD IN BALTIMORE HUNDRED.

SEC. 1. Section 3 of Chap. 560 amended.

SEC. 1. Error in original rolls corrected.

An Act to amend an act entitled "An act appointing freeholders to lay out 12 Vol. 640. a road in Baltimore hundred, in Sussex county.”

Chap. 560.

sessor"

SECTION 1. Be it enacted by the Senate and House of Represen- Sec. 3 of tatives of the State of Delaware in General Assembly met, That word "Asthe word "assessor," in the second line in Section 3 of said act, be and the same is hereby stricken out, and the word "overseer” “Overseer.” inserted in lieu thereof.

Passed at Dover, January 18, 1866.

changed to

An Act appointing Commissioners to straighten and lay out a public road

in Kent county.

SECTION 1. Be it enacted by the Senate and House of Represen- Commissiontatives of the State of Delaware in General Assembly met, That ers. James Williams, Manlove Hayes, Robert B. Jump, George Parris, and James W. Spruance be and they are hereby appointed com

CONCERNING ROADS.

Course of new road.

missioners to go upon and view the public road in Little Creek hundred, leading from the Seven Hickories road to the public road at Mooreton leading from Shawn's Cross Roads to Leipsic, and if, in their judgment, or in the judgment of a majority of them, the public convenience would be promoted by changing the course of a part of said public road, they, or a majority of them, are hereby authorized to change and straighten the said public road. The said change or alteration to begin at a point where the said public road crosses the Delaware Railroad, about seventy-five yards below the upper switch of said railroad, and to run thence through lands of James S. Moore on and along the westerly side of said railroad in a southerly direction until it intersects the public road at Mooreton leading from Shawn's Cross Roads to Leipsic, and at no point to cross the said Delaware Railroad; and the said commissioners are hereby authorized to lay out a public road, as a continuation of the above described road, as intended so to be laid out, or as a new road, to run from the said Mooreton Station, on the west side of the said Delaware Railroad, in a southerly direction on a line with said railroad and parallel thereto, through the lands of James Woodall, W. D. Farrow, Benjamin Knotts, J. T. Farsons, S. R. Mendinhall and the heirs of II. Stout, until it intersects the road leading from Dinah's Corner to Leipsic.

SECTION 2. Be it enacted by the authority aforesaid, That the commissioners aforesaid, or a majority of them, are hereby

authorized, with the assistance of some skillful surveyor, to be Muup and re- selected by them, to cause a map of the courses and distances of

the road as hereby authorized to be changed and laid out, to be made out and returned to the office of the Clerk of the Peace in and for Kent county aforesaid, with an estimate of the costs of opening said road for public travel, and an assessment of damages (if any are allowed) to the person or persons through whose lands

the said road or roads will pass. Levy Court SECTION 3. Be it further enacted as aforesaid, That the Levy may adopt. Court of Kent county may adopt the alterations and changes

made by the commissioners aforesaid as a part of the "road leading from the Seven IIickories road to the public road at Mooreton,” and adopt and approve of the road to be laid out from Mooreton to the Dinah's Corner and Leipsic road, and may make appropriations for opening the same for public travel, and the road when so opened shall be deemed and taken to be a public road, and that part of the old road superseded by the alterations and changes hereby authorized to be made, shall thereupon he vacated.

SECTION 4. And be it further enacted by the authority aforesaid, Commission

That the commissioners aforesaid, before entering upon their duties under this act, shall be severally sworn or affirmed to dis

turas

CONCERNING ROADS.

pensation.

charge their duties herein imposed impartially and to the best of
their skill and judgment, and may respectively administer the
oath or affirmation to each other. They shall each receive the Thoir.com -
sum of two dollars for each days attendance as commissioners
aforesaid, to be allowed together with all other costs, by the Levy
Court of Kent county, as is usual in like cases.

Passed at Dover, January 23, 1866.

CHAPTER 52.

CHANGK OF A PUBLIC ROAD AUTHORIZED.

sec, 1. Commissioners authorized to change a

certain road.
Road, how changed.

Src. 2. After a certain time, a part of old road

to be vacated

An Act to authorize and empower the Road Commissioners of Pencader

Hundred, in New Castle County, to change the course of a public road
in said Hundred.

Commissior

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

SECTION 1. That the Road Commissioners of Pencader hun-
dred, in New Castle county, from and after the passage of this ers.
act, shall have power and authority, and they are hereby author-
ized and empowered to change the course of a certain public
road in said hundred, in the following manner, that is to say:
Beginning at a point in the road leading from the village of
Glasgow to the old turnpike road leading from Cooch's Bridge to Road, how
Elkton, where said road crosses the dividing line between the changed.
lands of Daniel Bratton and J. F. Williamson; thence running
in a northerly direction along the said dividing line between the
lands of the said Daniel Bratton and J. F. Williamson, and
entirely on the land of the said J. F. Williamson to the said old
turnpike road.

SECTION 2. That at any time after the first day of September, A. D. 1866, it shall and may be lawful for the said J. F. Williamson to stop up and enclose so much of the old road as now crosses old road va the land of the said J. F. Williamson, in running from the point where it crosses the said dividing line between the lands of the said Daniel Bratton and J. F. Williamson to the said old turnpike road.

Passed at Dover, January 24, 1866.

Portion of

CONCERNING ROADS.

CHAPTER 53.

CHANGE OF A PUBLIC ROAD AUTHORIZED.

Sec. 1. M. C. Conwell authorized to change a

road in Dover Ilundred. Course of new road.

Sec. 2. The said change to be made at his ex

pense.
When completed, a public rond.
3. Old road vacated, when.

An Art authorizing a change in the course of a public road in Dover

Hundred, Kent ('ounty.

well au

change a road.

Course of new road.

1

SECTION 1. Be it enacted by the Senate and House of Represen

tatives of the State of Delaware in General Assembly met, That M..C.Con Myers C. Conwell, from and after the passage of this act, shall thorized to have power and authority, and he is hereby authorized and em

powered to change, lay out, make and straighten a certain public
road in Dover hundred, in St. Jones' Neck, in the following man-
ner, that is to say: Beginning at a point in the public road lead-
ing from Dover to the Delaware Bay, thirty feet east of a large
hickory standing on the north side of the said bay road on land
of the said Myers C. Conwell, and running thence north forty
degrees east until it intersects the old public road leading from
the bay road to Little Creek Landing, at a point in said last-
mentioned road a little east of a small bridge over the head of
Boggle Tree Branch; and the aforesaid change or alteration in
the said public road shall not extend beyond lands of the said
Myers C. Conwell.

SECTION 2. And be it further enacted by the authority aforesaid, made at thisThat the aforesaid Myers C. Couwell shall change, make and lay

out at his own proper cost, charge and expense the said road,
and put the same in good order for public travel, making the
said road of the width required by law, and after the said road

is made, opened, and put in good order for public travel, as To be a pub-aforesaid, that then and from thenceforth the said road shall be

repaired and kept up at the public expense, as other roads in

to be

expense.

lic .

said county.

catcd

When.

SECTION 3. And be it further enacted by the authority aforesaid,
Old road va- That after the said road shall have been laid out, opened, inade,

and put in good order for public travel as aforesaid, it shall and
may be lawful for the said Myers C. Conwell to stop up and
inclose the old public road which runs through and crosses his
land, beginning at the bay road and running to said point a little
east of a small bridge over the head of Boggle Tree Branch
aforesaid, and the said old public road is hereby declared to be
vacated.

Passed at Dover, Janunry 25, 1866.

CONCERNING ROADS.

CHAPTER 54.

NEW ROAD AUTHORIZED.

SBC. 1. Commissioners to determine the neces- SEC. 2. Levy Court may establish road.

An Act appointing Commissioners to lay out a public road in Dagsborough Hundred, in Sussex County.

ers.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That CommissionDr. John Martin, Benjamin Burton, William P. Jones, Eli T." Layton [and] George P. Morris 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 Dagsborough hundred, Location. in Sussex county, beginning at a public road near the terminus into the Burkfield road, thence by and through lands of R. B. Houston, Joseph Kollock, Robert B. Houston, lands (late) [of] the heirs of James A. Harris and Spencer A. Phillips, to intersect a public road leading from the State road, near Irons' Branch, to Mudfort; and if they, or a majority of them, shall determine that there is need of such new public road, they shall, with the assistance of some skillful surveyor, to be selected by them, lay out such new public road as they shall deem proper, having respect to the nature of the ground, shortness of distance, and all circumstances of public convenience, and shall cause a plot Plot of road. thereof to be made, representing the course and distance thereof, with notes of the most remarkable places, and of the woodlands, cleared lands and improvements, by or through which the same shall pass, and they shall assess the damages of every owner of Damages assaid lands and improvements by reason of the laying out of said road, taking into consideration all the circumstances of benefit, as well as injury, which will accrue to each of said owners, and they shall make a computation of the costs of opening and mak- puted. ing said roads, (bridges and causeways included,) setting down the several items of said costs, and if a road be laid out, shall, in their return, set forth a description of said road, and their deter- Return. mination that there is need of the same for public convenience, and shall annex to their said return the plot as aforesaid.

sessed.

Costs com

Plot.

SECTION 2. The plot and return so to be made, as aforesaid, by Return of 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, and the said Levy Court, in and for the county of Sussex, may adopt said road as a public road or high- may adopt.

Levy Court