Evening journal., 1902-12-03
THE ROAD LAWS
ARE REVIEWED
Francis M. Walkers Paper of
Interest to Those Interested
in Improved Highways
LAWS ARE NOW OUT OF DALE

lished. The most important features
follow:
The first general statute which I
have been able to find in relation to
roads Is found in chapter 1S1, volume /,
Laws OF Delaware. at page 316. and is
entitled IAN act for erecting public
bridges, causeways, and laying out and
maintaining highways" and was pass
ed In the 25ih year of the reign OF
George the Second, 1852. While Della
ware was yet part of Pennsylvania,
the preamble is as follows:
Whereas. Nothing more contributes
to the ease. safety and convenience of
travellers, than the erecting Of bridges,
causeways, and keeping in good re-
pair the highways Of each particular
government.
Section first provides that old Kings
roads shall be laid out by order of the
justice of the peace at the Court Of
Quarter Sessions. within each county
where the application for a road shall
be made.
Section three provides that the said
court shall yearly appoint one or more
discreet Inhabitants to be oversears
OF the highways, causeways and
bridges. of the several parts of their
respective hundreds.
Section thirteen provides that where
application shall be made to said court
for a new road. the court shall appoint
live freeholders to view the premises
and make return, granting a road If
they believe the same necessary or con-
venient
Section fifteen provides that the over
seers of roads shall require each per-
son in his district who is taxed at a
sum not exceeding thirty pounds, to
find one man to work upon said roads
and each person taxed at a sum not ex-
ceeding sixty pounds, TO find two men,
and any person taxed at a sum over
sixty pounds to find three men to mend
said roads, under the direction of the
overseers.
Foundation of Law
Our present road law is founded
! upon the act found in volume three OF
the Laws OF Delaware, at page 301, en-
titled can act altering the mode Of re-
pairing and supporting the roads and
bridges in the several hundreds Of New
Castle county. This act appoints three
persons. named in the act road COM
missloners, for each hundred Of New
I Castle county, and as their terms ex-
pire provides for the election by the
people Of the several hundrds. road
. commissioners TO take their places. II
. directs the road commissioners in Apm
:. of each year to levy a tax for road pun.
poses IN each of the several hundred.
Of the county, and to appoint som,
( suitable person In each hundred collec
tor Of road taxes, who shall be aliOweS
p 10 per cent of the amount collected fol
T. his commissions. IL directs these over
(, seers under the instructions of the com
missiCners of roads to employ laboreri
= 10 repair the public roads and bridge.
n within their respective districts TIT
commissioners of roads are authorize,
: to anticipate road tax should IL appea.
t necessary by borrowing such sums o
e money as they may think necessary
@ for the present year, provided that nS
II more than legal interest be given 1oI
the same.
l. Any person who is a member of th'
L Levy Court is declared ineligible as
commissioner Of roads in any Of thu
= hundreds aforesaid during his contin
IS uance in office. This act was passeD
r. January 2S. 1903
This act passed almost one hundrel
e years ago, with some amendment
d which have been made from time u
y time, is practically the law under whicl
the roads Cf this country are bsinl
,- maintained today in the hundreds ont
e side OF the city of Wilmington with tn
exception of Brandywine, which has
law OF Its own passed in 1895.
The Tramp Act
On March %. 1891, the Legislature
Is PASSED an act which has beon common
n ~ known as the tramp act. and wa
aimed at the tramp nuisance. IL pro
vided that any court OF New Castl
p county having jurisdiction in the mat
ter of assaults. drunkenness, disorder
ly conduct and vagrancy might sem
tence such persons to labor for perio
|. of sixty days, and make il the duty O
4 the Levy Court to furnish stone tina
% such persons to be broken into ma
q cadam by such persons This act ha
Al the effect of checking the tramp evi
n but the amount of stone so prepare
: was so small as TO make little appreci
or atable effect upon the roads of IN
county and the hauling of the matoria
TO and from the Jail was found incOn
venient and expensive. On April q
u 1898, the Legislature passed an act en-
titled AN act to permanently improy
certain public roads in New Castl
\ county. That act IN brief. provided 70
: the purchase of a stone quarry by tn
\ Levy Court Of New Castle county an
y the employment of persons guilty q
certain ofenses. In breaking stone fc
road macadam. Il also provided 70
the building OF a workhouse Thi
act was the beginning from which gre'
the workhouse Of New Castle county, a
act to establish the same being passe
March l6. 1899 Al the time Of th
passage of the act. It was urged that IN
building be located in the vicinity {
"a the stone quarry, so that the prisoner
could be worked at breaking stone. {
N be used on the highways of New Cas-
,a tie county. and site was purchase
y with this end in view. For some reaso
"a this feature OF the matter up to thi
time has not been put in practice.
y Where Law Is Found
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