American watchman. [volume] (Wilmington, Del.) 1814-1822, 1822-03-01
NOTICE.

Tn The Levy C0UR1'ef Nayeae county, tae Court
Aouse in the aOa Of Newcas, on the 9m day Of February
.4auo DOniu 1821.-H motion ordered that Com
aee be appointed procure the attorney Generals zDrste
oaion relative to the power his Court may hare to abbrO-
PIRATE The County Funds for building and repairing Bridges:
7Ohtch is as todoavs rjz.-
GA committee of the Levy court has proposedfor nv
consideration and written opinion, the following question:
Whether not the Levy for Newcastle county,
authorised by any power delegated to them to erect
par AMI MAINTAIN, at the expense OF the county, bridges
upon the established common highways, other than such
common highways as called in the Of Assembly,
the Kings highways"
81 have examined the different acts of Assembly which
have any material connection with this question: and am Of
opinion that the Levy court has such power"
"By the 9th section ofan act entitled erect
ing public bridges causeways and laying and maintain
ling highways vol Del Laws, page S18, it is provided,
that all bridges creeks and deep waters lying the
Kings highways shall be repaired and maintained the
common expense of the county. No other bridges than
those on the Kings highways under the provisions of the
aoove act ct Assembly, TO be supported at the expense
Iof the county Public roads, which were not Kings high
ways were obtained under the 18th section the expense
OF the petitioners and were afterwards repaired and sup
ported, as directed by the 9th and 18th seco by
trbuon OF labor under the direction OF Hundred
seers-Whch method of supporting said Roads by the
labor of the inhabitants of the Hundreds subsequently
altered The roads which were acknowledged as Kings
Roads, are desgnated and described in section q of
act entitled IAN act for the better regulation of the Roads
in Newcastle county vol Bel Laws, page 4o2."
"By the 9th section of this last mentioned act the law
seems TO be explicit weI can bea kings highways
common highways, roads, bridges and causeways, Except
bes over creeks and deep waters erected to be
erected and supported at the of the
lV were to be amended and supporedby the Hundreds,
under the direction of overseers and the expenses the
same paid by orders drawn the collectors of the
Irrespective Hundreds In the 9TH section of this act conn
mon highways public roads, 10 be laid at the
expense OF county, and the COSTS damages and charges
were at the expense of the counyand the
ton proceeded that such roads and the bridges them,
should be supported by the Hundreds From consider
alton OF the different sections of the of Assembly before
referred to- it apprehended doubt be entertained
upon the question by any person. Has there been any
change in the law3 know of the Legislature had
INTENDED to make such material change, would be
ldoubtfully expressed"
In the Cd vol Del Laws page 1925 and g. there is
general enumeration of the powers of the Levy
msoners but change in the Law can be discoveredby
me, in relation to the question under consideration Among
other things, they to estimate the to be raised
yearly for laying OUT repairing, amending supporting and
erecting bridges, causeways state roads, and other public
roads and common highways ch chargea61e uoa the
couay-and those which should be chsrgeabe to the
ty ascersned by previous laws which enact that
other bridges bat those the Kings roads, shall be nan-
tanned and supported, at the common expense of the
county" JAMES ROGERS,
March z, 1921. Attorney General.
AND NOW. to wit February 18th 1922 on motion, it is
ordered by the court that the foregoing written opinion Of
the Attorney Genera be published IN both the Whining
ton Newspapers.
Newcastle county, IS.
Seal true copy of the Attorney Generals written
WV opinion, and the proceedings Of the Levy court
thereon remaining filed of Record. In testimony whereof
have hereunto set my hand and affixed my seal of Office,
at Newcastle the twentyft day OF Februayt A. d. 1922
'15-st DAVID PAINTER, c. P.