OF ROADS AND BRIDGES.
AN ACT TO PRESCRIBE THE METHOD OF LAYING OUT, ALTERING, CHANGING AND VACATING PUBLIC ROADS, BEING AN ACT TO AMEND CHAPTER 60 OF THE REVISED CODE, ENTITLED "CONCERNING ROADS AN BRIDGES."
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (a majority of all the members elected to each House concurring therein, that Chapter 60 of the Revised Code be and the same is hereby amended as follows):
SECTION 1. Strike out all of Sections 4 and 5 in said chapter and insert in lieu thereof the following:
" SECTION 4. The Court of General Sessions within each Jurisdiction of county shall have jurisdiction to lay out public roads, and also widen, change and vacate the same in all cases, whether laid out under the provisions of this Act or by special Act of the General Assembly."
"SECTION 5. The Court shall, by order, appoint five suitable persons to view the premises and make return on the first day of the next term, authorizing them to employ, if necessary, a surveyor, and directing them, 1st. In an order on a petition for a new public road that if they judge such road necessary they shall lay it out in the best way, having respect to the nature of the ground, the distance and other circumstances of public or private convenience, or detriment.; and shall make a map of said road, showing its courses and distances, the woodland and cleared land through which it passes, and other proper notes, and shall assess the damages of every the owners or holders of such land on occasion of the road, considering all circumstances of benefit or injury which may accrue to him therefrom ; and shall compute the cost of opening and making such road, and of making the bridges and causeways therein separately ; and shall make said map, assessment of damages and computation of cost, and also their determination that such road is needed for public convenience, part of their return.
Second. In an order made on a petition for changing the course of a public road, the direction shall be, that if they Judge the changes asked for, or any change of' like effect proper, then they shall lay out such roads as will produce such change in the best way, having respect as aforesaid, and shall make a map as aforesaid, showing the change; and shall assess the damages and compute the cost as aforesaid ; and shall determine what part of the old road shall be vacated on opening the new, and who shall enclose the same, all which shall be set out in the return.
Third. In an order made out on a petition for vacating a public road or any part thereof, the direction shall be, that if they judge such a public road or any part of it, to be unnecessary and that it ought to be vacated, they shall determine who may enclose the same, or any part thereof, and what portion of the costs such person ought to pay respectively, all which shall be set out in the return.
Fourth. In an order made out on a petition for widening a public road or any part thereof, the direction shall be, that if they judge the widening of such public road or any part thereof to be necessary, they shall widen the same, and shall make a map as aforesaid, showing the widened part thereof and shall assess the damages and compute the costs as aforesaid, all of which shall be set out in the return. In the event of the death of one or more of the persons named and appointed by the Court to execute an order under the provisions of this section, or the neglect to serve for any cause, it shall and may be lawful for any one interested in the execution of said order, to apply to the Resident Associate Judge of the Superior Court resident in the county in which the order is issued in vacation, first giving ten days written notice to the persons owning or holding land through or along which the road is, or is proposed to be made, for the appointment of some other person or persons to fill such vacancy or vacancies, and the said judge shall have full and ample authority to make such appointments. The said notice shall be served in such manner as is now or may hereafter be required by the rules of said Court.
Approved March 1, A. D. 1899.