Vacated
road to

revert

Expense;

OF THE GENERAL POLICE.

and the old road so vacated shall revert to the proper owners of the adjacent lands.

SECTION 2. That the aforesaid new road shall be made at how borne. the expense of the said vestry of the aforesaid Saint John's To be public church, and when completed as aforesaid for public travel, read, when. shall be deemed and taken to be a part of the public road

leading from Laurel to Gumboro.

Passed at Dover, February 15, 1877.

!

Commis-
sioners.

CHAPTER 403.

OF ROADS AND BRIDGES.

AN ACT to lay out a new road and vacate an old road in North Murderkill hundred, Kent county.

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

SECTION 1. That William H. Ridgway, Samuel Townsend, Henry K. Hargadine, William Graham and Charles H. Lowber, of Kent county, be and they are hereby appointed commission-. ers to go upon and view a certain road in North Murderkill hundred, Kent county, to wit : A road commencing in the road Location of leading from Lebanon via Five Points to James W. Greene's

read to be vacated.

farm at the dividing line of lands of William Brown and George H. Gildersleeve, and running thence along or upon lands of said Brown and Gildersleeve, lands of James Anderson, lands of Thomas Pickering, lands of Joshua Rawley, lands of Thomas P. Lindale and lands of James L. Dyer, terminating in the road leading from Lebanon via Five Points to Woodside, on the Delaware railroad, and determine what change or changes ought to be made therein, or if they or a majority of them deem proper to vacate the same in whole or in part, and if by them so vacated, to lay out as a substitute for such Location of vacated road a new road in said North Murderkill hundred commencing in said road leading from Lebanon to James W.

new road.

OF THE GENERAL POLICE.

Greene's farm at or near where the same is joined by the road leading from William Brown's farm to Locustville, and running thence through, along or upon lands of William Brown, lands of Thomas Pickering, lands of James Anderson, lands of Jehu Davis, lands of Thomas P. Lindale, lands of William T. Maloney and lands of James L. Dyer, terminating at a point in the road leading from Lebanon via Five Points to Wood side, on the Delaware railroad at or near lands of James L. Dyer; and if the said commissioners, or a majority of them shall determine that there is need for such change or changes, or any change or changes in whole or in part, or for the laying out of such new road or any part thereof, then they shall, with the assistance of a surveyor by them employed, lay out Surveyor. such public road or part thereof, vacating the said old road or such part or parts thereof as they may deem needful for public convenience, having respect to the nature of the ground, the shortening of distances and all circumstances of public or private convenience or detriment, causing a survey and plot Plot. of said new road, if any so laid out, to be made, showing the courses and distances thereof, the clear lands and woodlands through or along which the same passes, and shall assess the damages which may accrue to the owner or owners of lands Damages. through or along which the same may pass, and shall make a computation of the costs of opening and making said road, Computation and of the bridges and causeways thereof, if any, setting down the several items of said costs, and shall make return Return. thereof with a description of said new public road, and their determination that there is need for the same so laid out, and that such change or changes in such old road ought to be made and are needed for public convenience, and shall annex to their return the aforementioned plot showing the new road laid out, and so much of the old road as they may change or

vacate.

of costs.

laid before

SECTION 2. That the said plot and return so made or caused Return and to be made by the said commissioners or a majority of them, plot to be shall be returned to the clerk of the peace in and for Kent Levy Court. county, to be by him laid before the Levy Court of said county at the next or any ensuing session after such return, and the Levy Court said court may adopt and establish the said road so laid out may adopt and returned to them.

said road.

SECTION 3. That the said commissioners and the surveyor Commisemployed by them shall, before entering upon the duties herein sioners and imposed, be severally sworn or affirmed to perform their respec-sworn. tive duties with fidelity and impartiality and according to their best skill and judgment, and for their services shall

Fees.

Shall be a public road

by Levy

OF THE GENERAL POLICE.

receive such fees as are by law allowed for like services under orders of the Superior Court for laying out new roads.

SECTION 4. That the new road hereby authorized shall, when adopt from the time of its adoption by the Levy Court, be deemed Court. and taken to be a public road, and the laws of the State of General laws Delaware applicable to public roads in Kent county are hereby applicable. extended to and shall apply to said road.

Passed at Dover, March 6, 1877.

Peter Hastings to change a

CHAPTER 404.

OF ROADS AND BRIDGES.

AN ACT to enable Peter Hastings to change the course of a public road running through his own lands.

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

SECTION 1. That Peter Hastings is hereby authorized to change the course of a public road leading from the "old public road. State road" running from the Sycamore to Broad creek

Location.

bridge, to the road leading from the Georgetown to the Millsboro road at that point on the easterly side of said Peter Hasting's dwelling house, to commence at or near a pair of bars, and run from thence about an easterly direction, across lands of said Hastings, a distance of about ninety-five rods or more, or until it intersects the aforesaid road leading from the Georgetown to the Millsboro road, at a point where said Hasting's land is joined on the southerly side by Branson D. James' land, so as to throw the whole bed of the road upon land of the said Peter Hastings.

SECTION 2. That when the said Peter Hastings shall, at his road may be own expense, have made said change and opened the road hereby authorized, of the width of thirty feet, and put the same in such order for travel as the Levy Court of Sussex

OF THE GENERAL POLICE.

county may deem sufficient, it shall be lawful for him to enclose his land at that point and place where the said road originally passes,* and the part of the road opened in con- when new formity with this act shall be deemed a part of the public publish roads of Sussex county.

Passed at Dover, March 6, 1877.

road shall be

CHAPTER 405.

OF ROADS AND BRIDGES.

AN ACT in relation to roads and bridges passing over mill dams.

Be it enacted by the Senate and House of Representatives of

the State of Delaware in General Assembly met,

mill-dams

as public

to

SECTION 1. Whenever any mill dam or the dam of any when roadother works using water power shall be used as a public high-ways over way, in connection with, or a part of,a road which is maintained shall be at public charge, the road over such dam shall be deemed to maintained be a public road, and shall be kept up and maintained in like roads. manner as other public roads in the county in which the same may be situated, so far only as may be necessary to keep the Restriction. roadway in repair as a highway, but not in any manner to protect, preserve or repair the dam, as to which the owner or Owner or tenant shall be charged with the duty of protecting, preserv-maintain ing and repairing the same. Any bridge crossing a race or such dams. opening in such dam over which any such public highway Bridges over runs, shall be deemed a part of such public road, so far as the races or dam upper planking of said bridge, used to afford a passage, is how mainconcerned, but no further. The owner, and also the tenant of any mill or other works, having a race through a public road, Duties of owor a dam on which a public road, as aforesaid, lies, or a pond so ner or tenant raised as to make a bridge necessary, shall keep such dam in such highgood repair, in such manner and to such extent as may be ways. necessary to furnish a safe and commodious roadway, at least, Repair twelve feet wide, and protected by a fence on each side, at Fence. least, three feet and a-half high, and shall make and keep any

:

!

OF THE GENERAL POLICE.

bridge in good repair, except only as to the upper planking Keep water thereof as aforesaid, and shall keep any water wheel, exposed

wheels cov-
ered.

Bridge
ditches.

Penalty.

ages.

to view from the road, covered. The owner, and also the tenant of any lands for the improvement whereof a ditch is cut through a public road previously laid out, shall keep a good bridge over the same. If any owner, as aforesaid, being also the occupant, or any tenant, as aforesaid, shall neglect any duty hereby enjoined, he shall pay to any person injured Double dam- thereby, double damages and costs of suit; and he shall also be deemed guilty of a misdemeanor, and shall pay a fine of or; fine, $20. twenty dollars. It shall be the duty of the overseer of said Duty of road road, on information of such neglect, to repair such bridge or road, or cover such wheel, and he shall be entitled to recover May recover from the owners or tenant so neglecting, double the cost of double costs. such repairs in his own name and for his own use. And it Tenant may shall be no objection to his suit that there are other owners or

Misdemean

overseers.

deduct re-
pairs from

rent.

Amended

Code 1874,

331. Section

tenants not joined. A tenant may deduct from his rent the cost of such repairs done by him.

SECTION 2. That section 34, of chapter 60, of the Revised

33 chapter Code, is hereby repealed.

60 of Revised

Code re

pealed.

Passed at Dover, March 7, 1877.

Commis-
sioners.

Location.

CHAPTER 406.

OF ROADS AND BRIDGES.

AN ACT appointing commissioners to lay out a public road in Kent county. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met,

SECTION 1. That Peter R. Meredith, Thomas Moore, Matthew Kemp, James Cohee and John Hurd, 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 a public road leading from Hollandsville to Petersburg, at a point in line with the line of Mrs. S. A. Warren's land and George