American watchman. [volume] (Wilmington, Del.) 1814-1822, 1822-03-05
NOTICE.

III McLEVT COURYqf .Nepeaas cos,tg, as5lat he Cow3
Hgase in The TORN Of Ntwcast, the sh dH If Fe6rtay
,1ano D0mia 1S21:-H 'aotoR ordered that Com
anee be appointed to procure the 3Ho'ney Generals zo'ien
obon reiue ne poorer This Cunt nag haze, to appro
PIRATE ne County Funds FIR building and repairing Bridges
1ehch is as toFo1s, ui=. -
committee Of the Levy court has proposed for my
consideration and written opinions the following question:
Whether not the Levy court for Newcastle county is
authorised BY any power delegated to them to erect re-
pair and maina at the expense OF the county, bridges
upon the established common highways other than such
common highways are called in the acts OF Assembly,
the Kings highways"
~ nave examined the different acts of Assembly which
have any material connection with this question: and am Of
opinion that the Levy court has no such power"
"By the 9th section ola act, entitled an act for erect
ing public bridges, causeways and laying out and maintain
ing highways, vol Del Laws, page 318 IS provided,
that all bridges creeks and deep waters lying hel
Kings highways, shall be repaired and maintained at ei
common expense of the county No other bridges than,
those the Kings highways under the provisions OF the
above act of Assembly be supported the expense
Of the county Public roads, which not Kings high
ways obtained under the 18th section at the expense
of the petitioners, afterwards repaired and sup
Epored, directed by the 9th and 18th section by con
ltrbuon of abor under the direction Of Hundred over
lscers-whch method of supporting said Roads by the
labor Of the inhabitants Of the Hundreds, subsequently
altered The roads which We're acknowledged as Kings
Roads, designated and described in section 2 OF an
act, entitled AN act for the better regulation OF the Roads
\ In Newcastle county vol Del Laws, page 4e2."
Y "By the 9Th section of this last mentioned c the law
seems TO be as explicit it well can bea kings highways
common highways IDS, bridges and causeways Except
bridges creeks and deep waters are erected o. De
erected and supported the expense OF the coun
a. y) were to be amended and supported by the Hundreds
under the direction Of and the expenses OF the
same paid by orders drawn the collectors OF the
V respective Hundreds. In the 9TH section of this act,
mon highways public roads, to be laid out at the
expense county and the costs. damages and charges
were at the expense of the countyand yet the next Sec
on proceeded that such roads and the bridges on them
should be supported by the Hundreds From consider
aon the different sections ofthe act of Assembly before
referred il apprehcnded doubt can be entertained
upon the question by any person. Has there been any
change in the law? know Of none fthe legislature had
intended to make such material charge, 1t would not be
1fl doubtulty expressed"
In the Sd vol Del Laws, page 1928 and o. there is
general enumeration of the powers OF the Levy court com
mssones but change in the Law can be discovered by
relation to the question under consideration Among
other things, they to estimate the sum to be raised
yearly for laying out, repairing, amending supporting and
Erecting bridges, causeways state roads, and other public
roads and common highways, 1c are chargeable upon the
couaand those which should be chargeabe to the coun-
asceraned by previous laws which enact that no
other bridges but those the Kngs roads, shall be main
.. tanned and supported, at the expense of the
= county" JAMES koGERS,
= .Narch z, 1891. attorney General
ly AND NOW, to wit February 18th 1922 on motion, II
ordered by the court that the foregoing written opinion
the Attorney General be published III both the Whining
= ton Newspapers.
Newcastle coaaty, s.
O. SAN | DO Certify that the foregoing pages compos
a. Seal true copy Of the Generals writte
SIoJo opinion, and the proceedings OF the Levy cour
thereon, remaining filed of Record IN testimony whereof
have heremto set my hand and affixed my seal OF oHce
. 15-3t DAVID PAINTER, c. 7,