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OF FISH, OYSTERS AND GAME.

CHAPTER 101.

OF FISH, OYSTERS AND GAME.

AV ACT in relation to the time of catching oysters in the creeks of this

State on the Delaware Bay.

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

SECTION 1. That on and after the passage of this act, Chapter 41, Chapter 84, Volume 17, of the Laws of this State, you relating to the time of catching oysters in the creeks of the Delaware. Delaware Bay is hereby repealed.

Passed at Dier, April 21, 1887.

repealed,

CHAPTER 102.

OF FISH, OYSTERS AND GAME.

AN ACT to prevent fishing with seines in

water.

Brandywine Creek in tide

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

SECTION 1. That from and after the passage of this act it l'nlawful to shall not be lawful for any person or persons within New fish in the Castle County to catch or take any fish in Brandywine Creek wine below below the lower dain, or in the tide water, by means of haul with seine. seines.

SECTION 2. That any person or persons violating the pro- Penalty for visions of this act shall forfeit and pay the sunt of twenty violation of dollars and costs of suit for every such offense, to be recoverable before a Justice of the Peace, by an action of debt in the name of the State of *

as debts are now recoverable by law, one-half to be paid to the treasurer of the county and

act.

*So enrolled.

OF FISH, OYSTERS AND GAME.

the other half to the informer. If such fine and costs are not
paid as herein provided then such person or persons shall
undergo an imprisonment in the county jail for five days.

Passed at Dover, April 22, 1887.

1

1

CHAPTER 103.

OF ROADS AND BRIDGES.

AN ACT to lay out a new public road in South Murderkill Hundred.

Commissioners.

Location.

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

SECTION 1. That John W. Downham, Edmond Bailey, Frederick Freidel, John Heyd and Andrew Holden, five judicious and impartial citizens of Kent County, be and they are hereby appointed to go upon and view the premises and determine whether there is need for a new public road in South Murderkill Hundred, in Kent County, to begin in the centre of the public road leading from White Hall to Plymouth, at a corner for lands of L. Douse and lands of Sarah Walston's heirs, and to run from thence in a southerly direction through the lands of the said L. Douse to a marked gum tree, a corner for lands of the said L. Douse and lands of John and Nathaniel Harrington; thence to run through lands of the said L. Douse and lands of Hazel and Pennewill until it intersects the public road leading from Magee's Chapel Corner to Felton, opposite the public road (known as the Burnite road,) leading to Sandtown, and if they, or a majority of them, shall determine that there is need of a new road they shall lay out the same and assess the damages and costs, and the

expense thereof of making said road, and cause a survey Surveyor. thereof to be made by some skillful surveyor by them to be

selected, and cause a plot to be made to accompany their

return to the Levy Court of Kent County. The Levy Court Lery Court may make appropriation for opening the same as a public

After making allowance for the costs on the proceedings, and when the draught and return shall have been so

Damages.

Plot and return to Levy Court.

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OF ROADS AND BRIDGES.

Oath to be

returned and approved, the said new road shall be deemed and taken' as a public road in like manner as other public roads in Kent County.

SECTION 2. That the Commissioners and the Surveyor be sworn or affirmed before entering upon the duties hereby tuiken assigned to perform the same faithfully and impartially'; which oath or affirmation may be administered among themselves or by any other person duly authorized to administer the same.

SECTION 3. That the pay of the Commissioners, Surveyor and chain carriers shall be such as the Levy Court inay deem proper.

Passed at Dover, February 8, 1887.

Fees.

CHAPTER 104.

OF ROADS AND BRIDGES.

AN ACT authorizing the laying out of a new public road in South Murderkill and Mispillion Hundreds, Kent County and State of Delaware.

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

SECTION 1. That Peter K. Meredith, John H. Schabinger Commisand P. T. Lofland, three judicious and impartial citizens and sioners. freeholders of South Murderkill and Mispillion Hundreds, County and State aforesaid, be and they are hereby appointed to go upon and view the premises and determine whether there is need of a new public road to begin at a point in the Location. old public road leading from Masten's Corner to Frederica oni a line between lands of George W. Killen and lands of Wm. T. Creadick, and to run from thence in part between lands of said George W. Killen and lands of said Wm. T. Creadick, along said Čreadick's outlet and in part across lands of said George W. Killen a southerly course to Murderkill Creek branch, thence crossing said Murderkill Creek branch in a southerly

OF ROADS AND BRIDGES.

direction to a point on the south side of said branch at or near a corner between lands of James C. Reed and lands of Nancy Wyatt, wife of John Wyatt; and thence still in a southerly direction on or about the line between lands of said James C. Reed and lands of Nancy Wyatt to intersect the public road known as the “Henry Road," leading from Morris' old mill to Laws' Chapel, a distance of about one mile; thence through lands of Thomas E. Killen and between lands of Henry C. Wolcott and lands of Joshua Hill, through lands of Joseph Booth and between lands of Phillip J. Thistlewood and Joseph Booth on or near an old roadway, and between lands of Joseph Booth and Joseph Richardson until it intersects the public road leading from Harrington to Frederica between lands of said Booth and said Richardson, and if they or a majority of them shall determine that the public convenience requires the laying out and making a new public road on the

route designated, they shall, with the assistance of a skillful Surveyor. surveyor, after being duly sworn or affirmed, lay out such

new road as they deem proper, and shall cause a plot thereof to be made representing the courses and distances thereof,

and shall assess the damages of every owner of land through Damages. which said road shall pass, taking into consideration all the

circumstances of benefit as well as injury, and they shall make a computation of the cost of opening and making said road.

SECTION 2. That the plot and return so to be inade as Plot and re- aforesaid by the said commissioners, or a majority of them, filed with shall be returned to the Clerk of the Peace, in and for Kent the peace.” County, to be by him laid before the Levy Court of said

county that they may make appropriation for the opening and making of the same as a public road.

SECTION 3. That the commissioners are hereby authorized

to administer oaths to each other and to the surveyor by them Fees. employed; and that the compensation of the commissioner's

surveyor and chain carriers shall be such as the Levy Court may deem proper.

Passed at Dozer, February 8, 1887.

Plot and return to be made.

OF ROADS AND BRIDGES.

CHAPTER 105.

ROADS AND BRIDGES.

AN ACT to lay out a new public road in Kenton Hundred, Kent County

and State of Delaware.

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

SECTION 1. That Sannuel Hutchinson, Jr., Francis M. CommisBurrows and Wm. B. Hazel, three judicious and impartial

sioners. citizens of Kent County, be and they are hereby appointed Commissioners to go upon and view the lands and determine whether there is need of a public road in Kenton Hundred aforesaid: Beginning in the public road leading from and Location. by the

Seven Hickories" to Shorts' Corner, at a point at or near the Big Oak, opposite the lands of Thomas Shaw, and running thence in a northern direction through lands of Peter Loose, lands of John Numbers, lands of Robert Hill, lands of the heirs of Randall Bray, now deceased, lands of Cuessen Barnholtzer, lands of David S. Wilds, lands of the Kenton Methodist Episcopal Church, and through any other lands of whomsoever the same may pass, to a point in the public road leading from Short's Corner to Kenton, opposite the Kenton Methodist Episcopal Burial Ground; and if they or a majority of them shall determine that there is need of a new public road as above located they shall, with the assistance of a Surveyor to be selected by them, lay out a new public road of the width of thirty feet, and shall cause a plot therof to be made representing the courses and distances thereof through whose land the same shall pass, and they shall assess the damages of every owner of said lands, taking into consideration all the benefit as well as injury which will Duties of accrue to each of the owners, and they shall make a compu-sioners. tation of the costs of opening and making said road, the bridges and causeways included, setting down the several items of costs, and shall make return of all their proceedings Returns to to the Clerk of the Peace in and for Kent County, and shall be made to be by him filed in his office as a record of a public road in the Peaco. Kent County. The report shall be under the hands of said Commissioners or a majority of them.

SECTION 2. It shall be the duty of the Clerk of the Peace at the next regular or adjourned session of the Levy Court Clerk of of Kent County, after the return has been made to him, and

the Peace. by him filed in his office, to lay the same before the Levy

of

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