American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1822-04-12

ling of the terms employed must be sought for in
the country and the times from which they are Ia
ken; and what would have been Kings Highgcay
under the provincial government and according TO
the English dea must be considered within the
Scope OF the acts OF assembly
BY the sixth section of !" an act for erecting pub
lie bridges and causeways and laying out and main.
tanning highways, passed in the 25th of George Cd,
vol Del. laws, page 318, it is provided that all
bridges creeks and deep qvaters lying on the
Kings Hghzvays, leading through any Of the coun-
ties, shall be repaired and maintained the common
Iexpense OF the county.
The question then arises, what public roads are
properly Kings Roads or Highways
According TO the we'll known distinctions in Eng
Hand, from which the terms manifestly borrow
led there are three kinds of ways THE first oot
qvsy the second foot qvay and horse gUay, and the
third is way containing the other two and also
cart way 49," and this is two old to wit regia via,
the kings hghzvay for all men ct communis strata,
belonging TO city or town, or between neghbors
and neighbors."-I apprehend that the recited ACT
must have been construed according to these dis
tnctions, and that they will be confirmed by par
cular reference to the other provisions Of acts
Of assembly.
| BY the second section of the same act above re-
cited it is provided " that all kings roads and high
ways, and all such other roads as may be deemed
necessary for the and advantages Of the nha-.
bitans Of this government &C., shall be laid out by
order Of the justices of the peare at the court of
quarter sessions, &C.
| The fourth section provides that all kings high
roads within this government shall be of the width
Of 40 feet, &c, and all public roads which not
kings high ways, shall be of the width of so feet &C.
| BY the ninth section, all bridges heretofore erect
ed in the several hundreds, on public roads not pro-
perly kings roads, drectedto be repaired BY the
inhabitants of the hundreds
| BY this law, all public roads other than kings
roads, were to be made and laid out at the expense
Of the petitioners, while kings roads were paid for
| by the county and this and the difference in the
width constituted the principal distinctions. Under
this law, the English idea must have governed the
CONSTRUCTION and public road laid out by the
quarter sessions, Of the width of 40 feet the ex.
pense ofthe county, would have been kings highway.
BY the act passed in 1862, vol Del. Laws, p.
402, three roads therein designated, ordered to
be laid at the expense Of the county, and d.
rected to be deemed "king's roads," But this act
| does not provide that no other roads than these
three shall be kings roads. The object Of the act
was 10 establish their route beyond the power of
alteration by the court and it left the authority of
the quarter sessions under the previous law, lay
out as well kings roads highways, as other roads, in
full force.
/ Nor could the particular roads laid out in the act
of 1862, have been ia the contemplation of the old
act Of % Geo. I'd ; for. besides the variance in the
phraseology, the roads were laid out and establish
ed long after the first law was passed. 1t is clear
that the terms of the old law general calcula-
ted 10 exist in all times and apply to all roads which
could be properly called kings high ways, whether
laid out before after its enactment, by any COM
potent authority.
BY the seventh section of this act Of 1869, an en-
tire change is made in the character of the roads
authorized by the old law. Private roads only are
to be laid out at the expense OF the petitioners: and
| it is provided that all common highways or public
roads hereafter to be applied for to the court of
quarter sessions, and laid out in the manner as by
the act of assembly aforesaid is directed shall be
laid out at the expense OF the said county, take
it that under this law, according the true import
of the terms. all public roads laid at the expense
of the county, and of the width of 40 feet, as pre-
scribed by the fourth section of the act of 25 Geo.
I'd, would have been kings highways, and are within
the true intent and meaning of the sixth section of
that act as forming part of the system Of our road
laws.
| The eighth section of the same act provides
/" that the overseers OF the high ways within each Of
the hundreds of the said county are hereby empow-
cred and required to employ laborers and workmen
to repair all kings highgvays hghvoys roads,
bridges and causeways except bridges lying over
creeks and deep waters, as are erected to be erect
led and supported by and at the common expense of
the county, within the limits of the said hundred.
The terms Of the act of IS Geo Cd and indeed Of
all other acts evidently founded the dstinc-
tons prevailing in England; and especially in using
the terms "ting's highways and common highgvays"
The provisions founded on the principle that
the county shall bear the burthen OF erecting bridg-
es over creeks and deep waters, on roads laid out
upon the scale of kings highways and at the county
expense and that the cost of county roads should
be betrayed out of the county funds For the same
reason they impose upon the county the burthen Of
repairing and maintaining the same bridges which
il is bound to erect.