The Wilmington daily Republican., 1901-10-08
mai Dams Discussed

bridges across mill dams, agitated
the members Of the Levy Court this
morning when the repairs to the
bridge at Batten's Dam were brought
before that body.
The Levy Court has taken upon 1t.
self the work OF filling In the ap.
proaches to the bridge and upon re-.
quest the courts attorney, Horace G.
Knowles, submitted the following
opinion as to who should make such
repairs
Replying with your request for an
opinion on the matter OF the duties
and power Of the Levy Courtconcern-
ing mill dams. ! bog here to sub
NIT the following: The law Of 1885.
Vol. II, chapter $50, makes all mill
dam roads, used as a public highway,
in connection with any public road,
and to be kept up and maintained in
liks manner as other public roads OF
the county. The care and mainten-
ence of such public roads Is not upon
the Levy Court but the Road Com
missioners Of the hundred where the
mill dam road is situated. The law
referred to compels the owner of the
NIL dam property to keep the dam
in proper condition and repair, and
the Road' Commissioners are required
to keep only the surface of this road
10 repair as highway, the same as
any ordinary public road, and to
provide, care for and maintain the
planking and planking joists required
by reason OF bridge or race on or
through a mill dam. There is there
upon no duty on the Levy Court to
incur any expense whatever in con.
nection with mill dam roads.
The law makes it obligatory upon
the owner OF the mill dam property
to "keep such dam in good repair x
Xxx and furnish safe and commooius
roadway at least twelve feet wide
and keep any bridge in repair
except only as to the upper planking
and upper josls thereof.
The said law further provides
thatif any owner shall neglect, ''to
keep the mill dam road IN proper
repair and condition as afore said
he shall be deemed guilty oil mis-
deanor aud shall pay fine of TWEEN.
ty dollars In the event that the
owner OF the tmilI-dam refuses or
fails to obey the law, then sit shall
be the duty OF The oyerseer IN charge
of the roads in the vicinity 10 repair
such bridge or road and recover
from the owner or tenant. lot the
mlll.da property double the cost
Of such repairs.
The Road Commissioners have
legal way OF enforcing mill-dam
owners or tenants 10 comply with
the law. AS above stated the mat
ter Vi the care and maintenance OF
mill-dam roads is one over which
the Levy Court has no jurisdiction
and therefore no right or power by
authority or sanction OF law to IN
cur any expense to be paid out Of
the general funds OF the county.
Some OF the members thought the
law upon the question on referred
to the miIl.dam race roadways and
not TO the approaches. 1t was the
opinion that if the court had taken
It upon themselves 10 do the filling
in then they would surely make
the other necessary repairs. Await
ing a lurther decision by Mr..
knowles the matter was laiu upon
the table until the next meeting.
Mr., Chandler presented bunch
Of bills on overpa!d taxes aud offer.
q resolution which was adopted,
refundlng the money.
Mary Gammir. was allowed 81 so
and the bill Of George X. Townsend
for $l7.64, which was for two years.
was referred to attorney. George
S. Smith, allowed 80 cents, Thomas
Milligan, $3.50, J. wilkins Cooch,
$50. 40, Alfred Downward, 50. 60
The following resolution was
adopted; Whereas, Harvey Y. Bald
win, collector of:taxes for Mill Creek
Hundred for the years lS97-lS29.
being deceased and said accounts
of Ia vey 4. Baldwin, having been
turned over by the Administrative ol
the deceased, to Francis D. Bald
win for completion of collection Of
said taxes.
Therefore, be it resolned that the
estate of the said Harvey Il. Bald.
win having made settlement in
full of Harvey T. Baldwin's uncol.
lected taxes, that the said bonds
men of Harvey II. Baldwin bereleas
cd and said bond is hereby ordered
10 be delivered to the said admin
stratrlx Of the said Harvey 7.
Baldwin, deceased.
J. Irving Handy presented bill
for $73. 50. the charge OF the commits
sion for laying out road in Mill
Creek Hundred. The mater was
referred to the courts attorney,