ers and sur veyor sworn. Majority. OF THE GENERAL POLICE. Commission- the duties enjoined upon them by this act, shall be severally sworn or affirmed to perform their duties with fidelity, and the surveyor to perform the service for which he is employed, faithfully and impartially, according to the best of his skill and judgment, which oaths or affirmations may be taken before any notary public or before any justice of the peace in and for Kent county. And the acts 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 other commissioners may be appointed by any Judge of the Superior Court of the state of Delaware, to supply such vacancy or vacancies. Passed at Dover, March 22, 1875. Judge to supply vacancies. CHAPTER 109. OF ROADS AND BRIDGES. Preamble. AN ACT to confirm and establish a certain road leading to and across the bridge over Duck creek, at or near Fleming's landing. WHEREAS, by an act of the General Assembly of the State Vol. 14, 71 of Delaware, passed February 9, 1871, entitled "An act to provide for the erection of a bridge over Duck creek, at a point at or near Fleming's landing, and for other purposes,' it was enacted that it should be lawful to erect a pivot bridge at the place aforesaid, and in said act it was further provided that in case said bridge should be erected at a point to which on either or both sides there should be no public road, that the freeholders, in said act provided, should lay out such road or roads in the manner provided in chapter 60, of the revised code, for laying out public roads, and in pursuance of such authority, a road was, by the said freeholders laid out, being partly in New Castle and partly in Kent county, and extending from the road from Smyrna to Short's landing in Kent county, across said bridge, to the road from Taylor's bridge to Fleming's landing in New Castle county, and all other acts and proceedings of said freeholders, and all subsequent acts were in all respects in accordance with the provisions of said chapter 60, aforesaid, except that the said return of the said OF THE GENERAL POLICE. freeholders was not laid before the court of General Sessions of the Peace and Jail Delivery in the said respective counties for confirmation, as is by the said chapter 60 and the provisions of law in relation to laying out of public roads required, therefor for remedy thereof. of freeholders road, Plots and returns to be returned in with chap. 60 SECTION I. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, Proceedings That all and singular the acts, doings and proceedings of the in laying out freeholders in laying out the said road aforesaid, as the same a certain is by them laid out in Kent and New Castle counties aforesaid, confirmed. are hereby ratified and confirmed, and the plots and returns of the said freeholders made by them to the Levy Courts of New Castle and Kent counties respectively, shall be and are de- as valid as if clared to be of the same force and validity as if the same had accordance been returned to the court of General Sessions of the Peace of Revised and Jail Delivery in said counties respectively, in accordance Code. with the provisions of chapter 60 aforesaid, and had been by the said courts respectively confirmed, and the said road so laid out and mentioned in said plots and returns, is declared to be a public road, to be opened and maintained as other public Said road to be a public roads in said counties respectively. And all acts and proceed-road." ings heretofore taken, or which may be taken by the Levy. Proceedings Court of said respective counties in relation thereto, in regard of Levy to opening and maintaining the same as other public roads in said counties, respectively are established, approved and thereto confirmed. Passed at Dover, March 24, 1875. Courts in relation approved and confirmed. CHAPTER 110. OF ROADS AND BRIDGES. AN ACT in relation to public roads in Kent county, Delaware. Levy Court of Kent County may SECTION 1. Be it enacted by the Senate and House of Repre- straighten sentatives of the State of Delaware in General Assembly met, any public That the Levy Court of Kent county, be and they are hereby consent of authorized and empowered to straighten any public road in the land road with owners. May fix and ary of roads, OF THE GENERAL POLICE. said county, wherever the public good requires it, and the same can be done by and with the consent of the owners of the lands through which the said road runs. * SECTION 2. And be it further enacted, That whenever the mark bound- the boundary of any road in said county are not marked and on applica cannot be ascertained, the said Levy Court may fix the said tion. boundary and mark them, on application by any overseer of roads, or by the owners of the lands over which said road runs. Passed at Dover, March 24, 1875. CHAPTER 111. OF ROADS AND BRIDGES. Commissioners. Location. AN ACT to lay out a Public Road in Indian River and Georgetown hundred, in Sussex county. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That Peter P. Dodd, William Hancock and James Rust, of Sussex county, are hereby appointed commissioners, to go upon and view the premises, and determine whether there is need of a new public road, Beginning at a point in the public road leading from Georgetown to Springfield cross roads, at or near the dwelling house of Peter Rust, running thence in a northerly direction in and with a private road leading through lands of Peter Rust and Stephen A. Walls, to lands of Stephen E. Blizzard,and thence through lands of said Stephen E. Blizzard and Henry C. Blizzard, Alfred C. Blizzard, Kendal B. Atkins, and lands owned partly by Daniel J., and C. Rodney Layton, to the public road leading from Millsboro to Milton, via Gravelly Hill station on the Junction and Breakwater R. R. Co., terminating at a point thereon within about one mile of said station, in a southern direction therefrom: And if they, or a majority of them, shall determine that there is need of such *So enrolled. OF THE GENERAL POLICE. Damages. new public road, they shall, with the assistance of some skillful surveyor, to be selected by them, lay out such new public Surveyor. road as they shall deem proper, having respect to the nature of the ground, shortness of the distance, and all circumstances of public convenience, and shall cause a plot thereof to be Plot. made, representing the courses and distances thereof, with notes of the most remarkable places, and of the woodlands, cleared lands and improvements by and through which the same shall pass, and they shall assess the damages 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 making Computation said road, and making the bridges and causeways thereon, setting down the several items of costs, and if a road be laid out, shali, in their returns, set forth a description of said road Return of and their determination that there is need of the same for commis public convenience, and shall annex to their return the plot of said road. of costs. sioners. Plot and Levy Court. SECTION 2. The plot and return so to be made as aforesaid, return to be shall be returned to the clerk of the peace in and for Sussex laid before county, to be by him laid before the Levy Court of said county, which road the said Levy Court may adopt and settle the damages estimated as aforesaid, and when said road shall have been established as a public road, the same shall be and Public road. remain subject to the same regulations and laws as other public roads in said county. Commis sworn. SECTION 3. The said commissioners and surveyors, before sioners and performing their respective duties under this act, shall be surveyor sworn or affirmed to perform the same according to the best of their judgment and skill respectively, which oath or affirma- Oath, by tion the commissioners are hereby authorized to administer. ministered. The acts of a majority of said commissioners shall be as valid as if concurred in by all. This shall be a public act. Passed at Dover, March 24, 1875. whom ad Acts of majority valid. Public act. OF THE GENERAL POLICE. CHAPTER 112. Benjamin a certain public road. Location. OF ROADS AND BRIDGES. AN ACT authorizing Benjamin Draper and Robert Raughley to straighten a certain Public Road in Mispillion hundred. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, SECTION 1. That Benjamin Draper and Robert Raughley, be and they are hereby authorized to straighten the public road in Mispillion hundred, in Kent county, leading from Anthony's cross-roads to the Delaware and Maryland line, in the following manner, that is to say beginning in the said public road, at a corner for lands of John Wheeler, near the school house in School District No. 89, in Kent county, and running thence in an easterly direction, on a line between lands of Benjamin Draper and Robert Raughley, about four hundred yards, intersecting the old road aforesaid at the mouth of the public road leading to Maloney's school house, and when they road may be shall have made the change in said road as contemplated in this act, as good for public use as the other parts of the aforesaid road, they may close up and vacate that part of the old road supplied by the new one, and the old road so vacated shall revert to the proper owners of the adjacent lands. When old vacated. Vacated road to revert. To be public road, when. SECTION 2. That the aforesaid new road shall be made at the expense of the party benefited thereby, and when completed as aforesaid for public travel, shall be deemed and taken to be a part of the public road leading from Anthony's cross-roads to the Maryland and Delaware line. Passed at Dover, March 25, 1875. |