Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-10-10
MILL DAM ROADS OR BRIDGES.

Levy Court Has No Authority Over Them
According 10 an Opinion Given by Attor-
ney Knowles. 4
The Levy Court has no authority
offer mill dam roads or bridges; that
IS the business of the road COM
missioners, according to an opinion
given by Horace q. Knowles to the
Levy Court today, ON the matter of the
duties and power Of the Levy Court
concerning mill dams and roads over
the same. Mr. Knowles submitted this
opinion: aJ
"The law of 1885, volume II, chapter
500 makes all mill dam roads, used as
public highway in connection with
any public road, public roads and to
be kept up and maintained In like
manner as other public roads of the
county, which manner is by the road
commissioners of the respective hun
dreds The care and maintenance of
such public roads is not duty i'm
posed upon the Levy Court, but, upon
the road commissioners Of the hundred
where the mill dam road Is situated.
The law referred TO oompels the owner
or tenant of the mill dam property to
keep the dam in proper condition and
repair, and the road commissioners are
required to keep only the surface OF the
road IL repair as highway, tho same
as any ordinary public road, ard to
provide, care for and maintain the
planking and planking joista required
by reason OF bridge or race on or
through such mill dam. There is there
fore no duty imposed upon the Levy
Court to incur any expense whatever in
connection with mill dam roads.
''The said law makes 1t obligatory
upon the owner or tenant Of any mill
dam property to keep such dam In
repair and furnish safe and
commodious roadway. at least twelve
feet wide = *,% and keep any bridge
in repair, except only as to the upper
plankinR and UPPER ioists thereof. II
further provides that If any owner or
tenant shall neglect to keep the mill.
dam road in proper repair and condition
as aforesaid, he shall be deemed guilty
of a misdemeanor " ~ and shall
pay fine of twenty dollars. In the
event that the owner or tenant of the
mill dam refuses or fails to obey the
Law, then it shall be the duty OF the
overseer' in charge of the roads in thai
particular vicinity to reEair such bridge
| or road and he shall recover
from the owner or tenant (of the mill.
dam property double the costs of such
| REPAIRS.
The road commissioners have legal
way and the power OF enforcing mill.
dam owners or tenants to comply with
the law, and such power ia plainly sci
forth in the law referred to.
s'As above stated the matter of the
care and maintenance of mill dam
roads is one over which the Levy Court
has no jurisdiction, and therefore nc
right or power, by authority or sanction
of law, to incur any expense to be paid
out OF the general funds OF the county. y
On motion of Mr.. Willits, the opinion
was made matter OF record.
Mr.. Willis drew attention to the
action of the court last Tuesday ir
authorizing Mr.. MeRginaon TO repair
the Batten uill dam. Mr.. Willlts
thought that action was contrary to the
attorneys opinion. 1t was decided &C
have the attorney confer with the road
commissioners concerning the dam.
Mr.. Knowles later reported to the
court that a case had been brought in
Chancery against the Levy Court, anc
presumably the act OF 1885 was passed
to define the powers Of the court anc
road commissioners with reference tt
public roads and mill dam road.