American watchman. [volume] (Wilmington, Del.) 1814-1822, 1822-03-08
NOTICE.

IN ne Levy COURIo Ne4vcas.lc coustv aclatthe Court
Ho~$e IN The Io1pm Of Nepcast on tie 9 day Of February
.31no Doa,W 182l:-H 7cas noti9n orte TINT Com
mtee be appointed 20 Procure tie attorney Generals T9tea
oon reiaiUe to the pozver tbs Coiut meg haue, abmo
pratc The Couay Finds far building and requiring Bridges:
aOhich is as toito9vS, ui=,-
committee OF the Levy court has proposed for my
consideration and written opinion the following question
Whether not the Levy court for Newcastle county, is
authorised by any power delegated to them, to erect
pair and maintain at the expense Of the county, bridges
upon the established common highways, other than such
common highways as called in the acts Of Assembly.
1.-THE Kings highways"
81 have examined the different acts of Assembly which
have any material connection with this question, and of
opinion that the Levy court has no such power"
"Ry the 9th section ofan act, entitled, act for erect
ling public bridges caseways and laying out and maintain
ing highways, vol Del Laws, page sig, it is provided,
that all bridges over creeks and deep waters lying the
Kings highways shall be repaired and maintained, at the
lcommon expense of the county. No other bridges than
those OH the Kings highways, under the provisions Of the
above act of Assembly to be supported the expense
Of the county Public roads, which were not Kings high
ways obtained under the 18th section at the expense
of the petitioners, and afterwards repaired and sup
ported directed by the 9th and 18th section by con-
tribunn Of labor under the direction of Hundred over
labor of the inhabitants Of the Hundreds, subsequently
altered. The roads which were acknowledged as King
Roads, designated and described in section 2. of an
act entitled set for the better regulation of the Roads
IN Newcastle coivity' I vol Del Laws, page 402.'
"By the 9th section of this last mentioned act, the law
seems be explicit wel can beall kings highways,
common highways, rOauS, causeWays, \eAcePl
bridges creeks and deep waters are erected or to be
erected and supported athe expense OF the coun-
ty) be amended and supported by the Hundreds,
under the direction OF overseers; aud the expenses OF the
same paid by orders drawn the collectors OF the
respective Hundreds In the 9TH section Of this act COM
mon highways public roads, to be laid out at the
expense OF the county, and the COSTS damages and charges
were at tile expense Of the countyand yet the next sec
ton proceeded that such roads and the bridges them
should be supported by the Hundreds From consider
alton OF the different sections ohe act OF Assembly before
referred to, it apprehended doubt can be entertained
upon the question by any person. Has there been any
change in the law know Of Ifthe legislature had
INTENDED to make such material change, it would not be
doubttully expressed"
general enumeration of the powers of the Levy
soners but change in the Law can be discovered by
me, in relation to the question under consideration Among
other things they to estimate the to be raised
yearly for laying out repairing, amendng supporting and
erectng bridges, caseways state roads, and other public
roads and highways which chargeabie upon The
coy.-and those which should be chargeabe to the
other bridges but those the Kings roads, shall be main
y tanned and supported, at the common expense of the
Il county" JAMES ROGERS,
= .Mtrch z 1921. attorney General
AND NOW, to wit, February 18th 1922, notion it is
ordered by the court the foregoing written opinion
the Attorney General be published in both the Whining
z ton Newspapers
.Nevcastle county,
w., l DO Certify that the foregoing pages compose
I Seal. true copy of the acknowledgements writer
eIo~Jo opinion and the proceedings OF the Levy cour
thereon remaining filed of Record. In testimony whereof
Il have hereunto set my hand and affixed my seal OF office
at Newcastle, the twenfh day ofFebrusryt A. d. 1892
15-st DAVID PAINTER, C. P.