OF THE GENERAL POLICE.

CHAPTER 113.

OF ROADS AND BRIDGES.

AN ACT appointing commissioners to lay out a public road in Kent county.

SECTION 1. Be it enacted by the Senate and House of Repre-Commissionsentatives of the State of Delaware in General Assembly met, That James Johns, James E. Boyer, William T. Hall, Charles Hall [and] John W. Downs, be and they are hereby appointed commissioners to go upon and view the premises, and determine whether there is need of a public road, to begin at the Location. public road leading from Marydel to Slaughter's Station," touching lands of Francis Greenwell, William Kersey, John Stevens, James Stevens, Spencer Scotten, Thomas Clements, Robert H. Gruff [and] John Williams, so as to intersect the public road leading from Marydel to Dover, at or near the lands of William Slay, and if they, or a majority of them, shall determine that there is need of such a road, they shall, with the assistance of some skillful surveyor, to be by them selected Surveyor. lay out such new public road as they may 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. thereof to be made, representing the courses and distances thereof, with notes of the most remarkable places, and of the woodland, cleared land and improvements, by and through which the same shall pass; and they shall assess the damages Damages, of every owner of said 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 Computation the costs of opening and making said road, and making the bridges and causeways thereon, setting down the several items of said costs, and if a road shall be laid out, shall, in their return to be made to the clerk of the peace in and for Kent Renirn. 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.

of costs.

SECTION 2. The plot and return so to be made as aforesaid Return and by the said commissioners, shall be returned to the clerk of laid before the peace in and for Kent county aforesaid, to be by him laid before the Levy Court of said county, and the said Levy Court Levy Court may adopt said road as a public road or highway, and settle may adopt such damages as may have been assessed, and when said road public road, shall have been adopted as a public road by the said Levy damagere Court, the same shall be and remain subject to the same regulations and laws as other public roads in said county.

Commissioners and surveyor

to be sworn.

Who may administer oath.

Acts of majority valid. Vacancies. How filled.

Fees.

OF THE GENERAL POLICE.

SECTION 3. The said commissioners and surveyor, before performing their respective duties under this act, shall be sworn or affirmed to perform the same according to the best of their judgment and skill respectively, which oath may be administered by either of said commissioners or any public officer qualified to administer oaths; the acts of a majority of said commissioners shall be as valid as if concurred in by all of them. In case of a vacancy or vacancies, another or others may be appointed commissioner or commissioners by any judge of this State or by any justice residing within said county. The fee of the commissioners shall be one dollar, and the fee of the surveyor, two dollars for each day of actual service, with a proper compensation to the surveyor for his plot.

Passed at Dover, March 25, 1875.

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Commissioners.

Location.

Surveyor,

CHAPTER 114.

OF ROADS AND BRIDGES.

AN ACT to lay out a new public road in Dover hundred, Kent county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Joseph Moore, John W. Cullen, John P. M. Denney, Andrew J. Wilson and Harvey D. Learned, be and they are hereby appointed commissioners to go upon the premises and determine whether there is need of a new public road in Dover hundred, East election district, in Kent county, beginning at a point where Division street in the town of Dover, intersects the Horse head road leading into said town, and running parallel or nearly parallel with the Delaware railroad, until it shall intersect with the public road leading from DuPont's Station to Morgan's corner, at a point one hundred and fifty yards east from the road-gate in front of William F. McKee's house, and if they, or a majority of them, shall determine that there is need of a public road on the line described, they shall, with the assistance of some skillful surveyor, to be selected by them, lay out a new public road as aforesaid. The com

:

OF THE GENERAL POLICE.

commis

misssioners above named, or a majority of them, shall make a
plot of said road so laid out, showing its courses and distances, Plot.
the woodland and cleared land through which it passes, and
other objects of note concerning its construction, and shall as-
sess the damages of them, the owners and holders of said land Damages.
on occasion of the laying out of such new road, taking into
consideration all circumstances of benefit or injury, will accrue
to any therefrom, and shall compute the costs of opening and Costs.
making such road, and of making the bridges, if any, and
causeways thereon, separately, and shall make said map or
plot, assessment of damages and computation of costs part of
their return, and shall return their said proceedings to the Return of
Court of General Sessions of the peace and jail delivery, at sioners to
its then next session in and for Kent county, after the date of General
their said return: The effect of such return, when made, shall Sessions.
be the same as if made upon an order of said court, upon peti- Effect of
tion preferred to lay out said road, and the same persons had
been duly appointed to lay out said road by the court afore-
said: All subsequent proceedings shall be the same as Subsequent
pro- proceedings.
vided in chapter 60 of [the] Revised Statutes of this State in
reference to laying out public roads in Kent county; and when
the Levy Court of said county shall have approved the said
road, it shall be deemed and taken to be a public road of Kent
county, and all laws applicable to public roads in said county
shall apply to the new public road aforesaid.

court of

return.

sioners and

Who to

oath.

SECTION 2. Be it enacted by the authority aforesaid, That Conimisthe commissioners aforesaid, and the surveyor to be by them surveyor chosen, shall severally be sworn or affirmed, faithfully and im- sworn. partially to perform the duties enjoined upon them by this act, before viewing the premises; either of said commissioners may administer the oath or affirmation to the other commissioners, administer and to the surveyor, and a majority may do or determine any matter. In case of a vacancy, another commissioner may be Vacancy. appointed by the Judge of the said court, resident in said county, in vacation, and the duties of such commissioner or commissioners shall be the same as the duties of those appointed in this act. The fee of each commissioner, surveyor and chain carrier, shall be the same as is provided by law, for similar services in laying * public roads, and shall be paid in the same manner.

Passed at Dover, March 25, 1875.

How filled.

Fees.

TITLE NINTH.

Regulations concerning trade.

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:

and Western

below

mouth of the

CHAPTER 115.

OF THE NAVIGATION OF THE CHRISTIANA RIVER.

AN ACT to protect the navigation of the Christiana River.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch thereof concurring,)

Wilmington SECTION 1. That the Wilmington and Western Railroad R. R. Co. to company, in constructing their railroad as described in the act bridge Chris incorporating said company, are hereby authorized to bridge the Christiana river below the mouth of the Brandywine in Brandywine the city of Wilmington; and the said company are hereby required to make the said bridge a pivot bridge of not less than ninety feet clear width, for the passage of vessels on each side of the centre pier, and the said centre pier shall be so located in relation to the channel of the river as the wharf commissioner of said river shall direct.

How con-
structed.

Bridge at

SECTION 2. That the said company shall, at their own exbendanded pense, provide proper attendance upon said bridge as is cusby company. tomary in like cases.

i

1

Passed at Dover, March 23, 1875.

OF PILOTAGE, NAVIGATION AND VESSELS.

CHAPTER 116.

OBSTRUCTING NAVIGATION.

AN ACT for the protection of the harbor at New Castle, Delaware.

WHEREAS,it has been represented to this General Assembly, Preamble.

that the harbor of the city of New Castle, in this State, on the river Delaware, is encroached upon by the wharf of the New Castle and Frenchtown turnpike and railroad company, known as the coal wharf, and that the said wharf is detrimental to the free and public use of the said harbor by the public, and obstructs the same by reason of the deposit of mud and the consequent shoaling of the water on the north of the said wharf.

Frenchtown

and R. R.

much of

SECTION 1. Therefore be it enacted by the Senate and House The New of Representatives of the State of Delaware in General Assem-Castle and bly met, That the New Castle and Frenchtown turnpike and Turnpike railroad company, be and they are hereby required, immediately, Co. to to remove at their own expense, so much of said wharf in the remove so preamble of this act mentioned, as extends into the river Del- their coal aware beyond the wharf line, as established by the authorities tends of the town of New Castle aforesaid, under and by virtue of beyond an act of the General Assembly, passed at Dover, April 9, A. New Castle. D. 1873.

wharf as ex

wharf line of

ney General moval by

SECTION 2. And be it further enacted, That it shall be the The Attorduty of the Attorney General of the State of Delaware, to take to compel reimmediate steps by law after the passage of this act, for the legal pro removal of so much of the wharf known as the coal wharf on ceedings. the property of the New Castle and Frenchtown turnpike and railroad company at New Castle, as extends into the navigable waters of the Delaware river beyond the wharf line established by the town commissioners of the town of New Castle, under and by virtue of an act of the General Assembly passed at Dover, April 9, A. D. 1873.

SECTION 3. And be it further enacted, If the said New If said company be Castle and Frenchtown turnpike and rail road company, shall convicted of maintaining be indicted and convicted according to law, of maintaining nuisance, the a public and common nuisance by reason of the continuance court may of said wharf, the court in which such indictment is tried, and removal by such conviction had, may order the removal, by the sheriff of New Castle New Castle county, of said nuisance, the expense of such county. removal to be borne by the company aforesaid, and for the Expenses. purpose of enforcing this order and defraying the expense of how