Delaware State journal and statesman. [volume] (Wilmington, Del.) 1855-1870, 1863-06-26

" tho iuhue anu priugeb IN their re
spective distrlvts, nnd estimates OF the probebl.
amount that will be required to put and keet
the same IN good repair for the ensuing year.
Ninth To pass ordinances imposing fines fol
trespassing upon or obstruotng or iniuriDR M,
road or trees therein, or bridge, in said county
and TO empower aud require the tax collector Il
collect the same in the same manner AS Other
lines are now collected, and to exercise gene
raj police power over al roads aud bridges in SAID
county.
Tenth, To lay out private roads.
Eleventh. To provide for the maintenance AM
support OF the poor to erect " poor-hOusen foi
that purpose, it deemed by said court necessary
aud proper; aud In addition to the tax other
wise herein authorized, to levy md collect a tag
on real and personal property in said county Il
pay fOrthe same. Tue powers herein given are
TO apply only TO that portion of the county moi
included within the corporate bounds Of Washing
ton and Georgetown.
Sec A. And be il further enacted, That the
said court NAY authorize my portion, not .ex-
ceeding three fOurths Of the taxes levied for road
aud bridge purposes, to be paid in labor, OF men,
horses, mules, oxen, the vi plOughs carts, and
wagons, at rates per day or hour, for euch, to be
1 fixed by said court. But in case any one assess.
ed shall have no visible property, and shall pre-.
fer it, he may pay the whole OF his tax in labor.
All labor upon roads and bridges shall be per-
formed ut such times aud places as the superin-
tendent OF roads shall direct, and under his
supervision, Or that Of the supervisor of the road
or such other person as may be appointed tu
superintend the work. And 1t shall be the duty
Of the superintendent to notify all persons liable
to pay road tax or to labor On roads of the time
and place. when and where, they must appear
and perform such nbor ut least one week before
the day they are required to appear. And he
may notify such as have teams OF horses, mules
or oxen, or may have cart Or wagon, to come
or send an able-bodied hand with such team, cart
or wagon, to be used in repairing OF making
roads or bridges such notice to be given person.
ally or in writing left at the residence of tue in.
dyidual notified. If the person 80 notified shall
fail TO appear at the time aud place. or send an
able-bodied substitute, or shall not conform to
the directions of the person having charge of the
work, or shall not labor diligently, in the latter
case he sha be dismissed, aud in either case he
shall pay the whole amount of his road tax in
cash, with an addition of twenty per centum
thereon. For the convenience Of the tax collector
and the superintendent OF roads, it shall be the
duty of all tax payers who desire TO work out
that portion Of their road tax which is herein
provided they may work out, as early as the first
Monday iu April Of each year, to give notice to
the supervisor of their district OF such desire,
and such supervisor shall notify the tax collector.
labor required OF him, the tax collector shall,
being notified thereof, collect the said tax in
cash, with twenty per centum added.
Sec. 3 And belt FURTHER enacted, That it shall
be the duty of the superintendent and supervi-
sors Of roads to have at least three .fourths Of
the work 10 be done gu them during the year
performed ms early az the middle of July; and
in making and repairing the roads they shall be
raised full Twelve inches higher in the middle
than at the sides, and shall be grad lally rounded
oil to the cutters, which shall be made capacious
enough to carry of all the falling water.
Sec. 6. lind BE- il further enacted, That no
bill for labor performed upon any road or bridge
shall be allowed or paid to any supervisor by the
levy court which il not accompanied by u GER
tfcaie Of tue of the superintendent of roads that
he has personally examined the road or bridge
so made or repaired, and that the work has been
well done and according to law, and that the
charges are reasonable and just; ProOded, hon.
cDsr, That one or more members of the court, to
be appointed for that purpose, may, after per-
sOnal examination, make such certificate.
Sec. Z. Aad be il further caocted, That on
extraordinary occasions, when any public road
OF bridge shall be destroyed or 30 injured as to
require immediate repair, it shall be the duty of
the superintendent ns we'll as the supervisor of
made and If there are no funds in
hand with which to hire labOrers and teams, or
If laborers and teams cannot be otherwise pro-
cured, the said supervisor shall Immediately
summon a sufficient number Of men living nearest
the place to appear aud labor on said road or
bridge until it shall DO repaired; and he may
also require any person owning a team and living
within "A reasonable distance TO appear with said
team and cart or wagon and plough. Aud ifany
thta oil nj lao ttyn a ,t.f
notice. shall neglect refuse to appear and labor
or send an able-bodied substitute, or shall refuse
his team, cart, wagon, or plough, he shall for
felt and pay to the levy court u sum not less than
three dollars, nor more than ten, to be recovered
before any justice of the peace in said county,
with costs. For labor, the use Of teams, and
other necessary implements, performed, and fur
nished on such occasions, just and fair com
pensaIOn shall be paid, to be fixed by the said
court
Sec. 8. And be il further enacted, That when
ever the levy court shall deem il conducive to
the public interest to open a new read, or change
the course of au old one, they shall direct the
rout of such road to be surveyed by county
surveyor and plat or map Of the same to be
prepared They shall then cause notice TO be
given, by advertisement, twice week for three
weeks, Of the proposed opening of the new road,
of the alteration Of an existing enc, calling upon
All peTsuus WIN lhuy nhft ully uuJcCllouh tneTt-
to present them to the court ut its next regular
meeting. If any objections are made, the court
shall then and there hear them. Ii the route
only is objected to, aud another or others sug-
gested as more advantageous, the court may
adopt it, or appoint FIVE discreet, dsinterested
men, Of whom the county surveyor shall be one,
to examine all the proposed routes, and report
such an one they shall deem most feasible and ad-
vantageous to the county, and such report shall
l.. H.. af,,a To,
objection to the opening or altering road by
the owners OF the laud through which it must
pass after such notice, it shall be taken for
granted that no damages are or will be claimed,
aud the rOnd may be recorded and opened, and
shall then be public road or highway but il
any owner or owners of the land shall object and
claim damages, and the court cannot agree with
such owner or owners upon the amount, then the
court shall direct the marshal of the District
summon jury of seven judciOus disinterested
men, not related to any pnrty interested, TO be
and appear on the premises on day specified to
assess the damages, If any, which each owner of
land through which the road is to pass may sus
tain by reason thereof And the marshal shall
summon such jury, and administer an oath or
affirmation to them that they will, without
I.fasAa.4FS1a Ttiality TO any one, TO the best of
their judgement, ligcide what damages, if any,
each owner may stain by reason OF running the
road through h4lpremises; but in doing this
thew shall take ikb consideration the benefit it
\ NAV be 20 him or her by enhancing the value
Of his or her land, or otherwise, aud give their
verdict accordingly. 1t shall be the duty of the
marshal, upon receiving the order from the court,
to give the owner or owners aforesaid
N not less than ten days notice of the
bime aud place of the meeting oil the
juAry to assess their damages. In cases
whAro notice cannot be served GU the owner or
OWNERS, the same proceedings shall be had as is