Vacancy. partially to perform the duties incumbent on them respectively. Each of the said Commissioners may administer the oath or affirmation to the others and to the Surveyor; the majority may do or determine any matter. In case of a vacancy, another or other Commissioners may be appointed by the Governor, whose duties shall be the same as herein before provided. Compensa. The fee of the Commissioners, Surveyor and Chain Carriers shall be the same as provided by law for such services in case of laying out public roads and to be paid in like manner. The Court aforesaid shall tax the Surveyor's fee for the map and How supplied tion. notes. SECTION. 4. This Act shall be deemed and taken as a pub Public Act. lic Act. Passed at Dover, February 9, 1864. Revised 179. Sec 37 chap CHAPTER 412. An Act in relation to overseers of roads in Kent and Sussex Counties. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Section 37 of Chapter 60 of the Revised Code of the State of 60 Revised Delaware be, and the same is hereby amended so far as Kent and Sussex Counties are concerned by striking out of said Section the words "one dollar," and inserting in lieu thereof these words, "such sum as shall be fixed by the Levy Court of Kent and Sussex Counties, respectively." Statutes amended. How. Passed at Dover, February 9, 1864. CHAPTER 413. An Act supplementary to an Act entitled "An Act regulating the sale Vol. 12, 167. of Intoxicating Liquors, &c." passed at Dover, March 6, 1861. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: cense. SECTION 1. No person shall keep a tavern with the privilege Tavera uof selling intoxicating liquors without having first obtained from the Clerk of the Peace a license for that purpose upon the How ob recommendation of the Judges of the Court of General Ses-tained. sious, the petition and license therefor, and the privileges thereof to be the same as under existing statutes. 108, Vol. 12, SECTION 2. Strike out the words "Grand Jury given under sec. 7, Chap. the hands of the Foreman," in the 3d and 4th lines of Sec-17 tion 7 Chapter 108, passed at Dover, March the 6th, 1861, Amended, and insert in lieu thereof, the words, "Judges of the Court how. of General Sessions." tent acts re SECTION 3. That all Act and parts of Acts heretofore pass- Inconsis ed, which may conflict with or be contradictory to the pro- pealed. visious of this Act, be, and the same are hereby repealed, made null and void. Passed at Dover, February 10, 1864. CHAPTER 414. A further additional supplement to an Act entitled "An Act to incorporate a Company for the purpose of cutting and making a Canal between the Chesapeake Buy and Bay or River Delaware, or the waters thereof. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring herein,) That so much of the Act of the General Assembly, entitled "A further additional supplement to an Act entitled "An Act to incorporate Act. a Company for the purpose of cutting and making a Canal Amended, between the Chesapeake Bay and Bay or River Delaware, or the waters thereof," passed at Dover the second day of February, 1839, as provides that the toll on square or round timber shall not exceed the rate of one dollar per hundred cubic feet, shall be altered and amended so as to allow the Chesapeake and Delaware Canal Company to charge and collect a toll on square or round timber, not exceeding the rate of one dollar and twenty-five cents per hundred cubic feet on said articles. SECTION 2. And be it further enacted, That so much of the original act of incorporation of the said Chesapeake and Delaware Canal Company as provides in the eighth Section thereof that every boat or vessel which has not commodities on board. to pay the sum of four dollars shall pay so much as with the commodities on board will yield the sum of four dollars, and every empty vessel or boat four dollars, excepting as therein. excepted, shall be altered and amended by this act so as to allow the Chesapeake and Delaware Canal Company, excepting as aforesaid, to charge on all such boats or vessels under forty tons the sum of four dollars and under eighty tons the sum of six dollars, on all such boats or vessels of eighty tons and under one hundred and twenty tons the sum of eight dollars, and on all such boats or vessels of and over one hundred and twenty tons the sum of ten dollars. Passed at Dover, February 10, 1864. Vol. 12, 330. Fection 1 amended. How. CHAPTER 415. An Act to amend an Act entitled "An act in relation to free negroes and Mulattoes," passed at Dover, March 18, 1863. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the Act entitled "An Act in relation to free negroes and mulattoes," passed at Dover, March 18, 1863, be amended by adding after the word "State" in the ninth line of Section one the following, viz: "or as a servant in the employ of a citizen of this State, residing or being temporarily beyond the limits of the State." Passed at Dover, February 10, 1864. CHAPTER 416. An Act appointing Commissioners to lay out a public road in Sussex Be it enacted by the Senate and House of Representatives of the Commis lay out pub 11 Course of SECTION 1. That Benjamin White, George Russell, Coard Warrington, Thomas J. Perry and Sheppard P. Martin be aud they are hereby appointed Commissioners to go upon and view the premises and determine whether there is need of a sioners ap public road to begin at or near Bundick's Branch, from what pointed to is called and known by the name of the "Chapel Road," road. lic thence running through lands now in possession of Manaen Gum, called and known by the name of the "Rodney Tract,' through lands of the heirs of George Waples, deceased, thence crossing the State road leading from Lewes to Georgetown along the lines of lands of John Lank and Derrick B. Morris through lands of Elhanan B. Reynolds, through lands of Isaac Johnson, (neg.,) thence across the branch below the Little Mill until it connects with the public road leading from the Little Mill to the public road leading from Warrington's Cross Roads to the State Road leading from Lewes to Milford; 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 skilful surveyor, to be by them selected, 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 thereof Plot of. 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 of Assessment 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 the Computa costs of opening and making said road, making crossways and bridges, setting down the several items of said cost, and if a road shall be laid out, shall, in their return to be made to the Return. 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. SECTION 2. The plot and return so to be made as aforesaid of damages. tion of costs, Vacancy. partially to perform the duties incumbent on them respectively. Each of the said Commissioners may administer the oath or affirmation to the others and to the Surveyor; the majority may do or determine any matter. In case of a vacancy, another or other Commissioners may be appointed by the Governor, whose duties shall be the same as herein before provided. Compensa The fee of the Commissioners, Surveyor and Chain Carriers shall be the same as provided by law for such services in case of laying out public roads and to be paid in like manner. The Court aforesaid shall tax the Surveyor's fee for the map and How supplied tion. notes. SECTION. 4. This Act shall be deemed and taken as a pub Public Act. lic Act. Passed at Dover, February 9, 1864. Revised 179. Sec 37 chap CHAPTER 412. An Act in relation to overseers of roads in Kent and Sussex Counties. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Section 37 of Chapter 60 of the Revised Code of the State of 60 Revised Delaware be, and the same is hereby amended so far as Kent and Sussex Counties are concerned by striking out of said Section the words "one dollar," and inserting in lieu thereof these words, "such sum as shall be fixed by the Levy Court of Kent and Sussex Counties, respectively." Statutes amended. How. Passed at Dover, February 9, 1864. |
