СНАР.
CLV.

m
1804

ment of their accounts, who shall proceed to settle the same, as directed by the act extending his powers to the settlement of the county, poor and road taxes within the State; and if any of the aforesaid collectors, shall refuse or neglect to attend and settle their accounts as aforesaid, the auditor is hereby authorized In case of their and required to compel their attendance, by summons or subpœna, as he is directed in like cases of debtors to the State.

neglect, how to proceed.

Balance in

hands of collector, to be

cessor.

SECT. 7. And be it enacted, That whatever balance has been or may hereafter be found due upon settlement with any collector of the road taxes, in the paid to his suc- county aforesaid, shall forthwith be paid over by the collector who owes the same, to his successor in office; and if any collector neglects or refuses to pay over whatever sum or sums may remain in his hands as aforesaid, the commissioners of the roads in the hundred for which he was appointed, Mode of proceeding, in case shall cause a suit to be instituted against such delinquent collector in any court of record for the county aforesaid, in the name of the said commissioners and their successors, for the recovery of all and every sum or sums of money, so refused or neglected to be. paid over.

of refusal.

Commissioners

to appoint overseers of high

ways, &c. annu. ally.

Powers of the
Overseers.

SECT. 8. And be it enacted, That the commissioners of the roads in the respective hundreds, or any two of them, shall hereafter in every year, on or before the first day of April, appoint one or more fit person or persons in the several hundreds, to be overseer or overseers of the public highways, roads and bridges in the several parts thereof for the ensuing year, by certificate under the hands and seals of said commissioners, or any two of them; and the said overseer or overseers, so to be appointed, shall upon receiving such instructions, as the commissioners of the roads for the respective hundreds shall think proper to give them in writing, for the repair and support of the roads and bridges, proceed to execute the duties required of them, and to employ labourers and workmen to repair and mend the public roads and bridges, within the

limits of their appointments respectively, in the manner by the said commissioners directed.

Repeal-See

chap. 138. 3d.

SECT. 9. And be it further enacted, That so much of said act, as is herein altered and supplied, is here- vol. p. 301. by repealed, made null and void.

Passed at Dover, Jan. 24, 1804.

CHAP. CLVI.

An ACT to divorce William Robbins, and Tamsey the wife of the said William, from the bonds of matrimony.

Passed at Dover, January 25, 1804-Private act.

CHA P. CLVII.

An ACT vesting in Thomas Boulden, the title to a certain parcel of land, therein mentioned, for a term of years, in trust for Mary Bantem, an infant.

Passed at Dover, Jan. 25, 1804-Private act.

СНАР.
CLVIII

1804

Repealed 4th vol. 222.

Preamble.

Swine shall not run at large within certain limits.

Mode of pro

at large.

CHAP. CLVIII.

An ACT to prevent swine running at large within the village of Milford, and certain bounds therein prescribed.

W

THEREAS a number of the inhabitants of the village of Milford, and the bounds thereof, have represented, that the laws to prevent swine from running at large therein, have not answered the purposes thereby intended:

SECT. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That no hog, hogs or swine, shall be permitted to run at large within the metes and bounds following, to wit, beginning upon the west, at the mouth of a branch called Tanners' Branch, and running with the several courses thereof, dividing Joseph Oliver's lands from Peter Caverley's, to the line of the lands late of William Bradley, deceased, then with the said lands to the line of John Draper's lands, thence with the line of said Draper's lands, to Mispillion creek, thence with the said creek, to the place of beginning,

SECT. 2 And be it enacted, That from and after ceeding, in case the passing of this act, upon complaint and inform of swine running ation made, by any person or persons, inhabitants of the aforesaid village and limits before mentioned, before any justice of the peace in Kent county, against any person or persons residing within the prescribed limits aforesaid, having or suffering any swine, hog or hogs, to run at large within the aforesaid limits, that the said justice, on such or every complaint or information, shall summon him, her or them, so offending, to be and appear before him or some other justice in and for said county; and upon due proof made in the premises, to the satisfaction of said justice, that the person or persons so offending, shall forfeit and pay to the

said justice, the sum of thirty-three cents for each and every such swine or hog so running at large, to be recovered in manner and form as debts under forty shillings are recoverable, together with costs of suit.

CHAP.

CLIX.

1804

SECT. 3. And be it enacted, That all forfeitures Appropriation received by the said justice of the peace, in pursu- of forfeitures. ance of this act, shall be paid over by him to some one of the commissioners of the Milford bridge, for the time being, which shall be applied by the said commissioners for the keeping up and repairing said bridge.

SECT. 4. And be it enacted, That the first and se. Repealed-See cond sections of an act, entitled, "An act to pre- 2d vol. p.970. 1. chap 209. b. vent swine running at large in the village of Mil- Sd. vol. 32. ford," passed January the twenty-fourth, seventeen hundred and ninety-eight, be, and the same are hereby repealed, made null and void.

Passed at Dover, Jan. 25, 1804.

CHA P. CLIX.

An ACT to authorize the owners and possessors of the marsh or low ground, commonly called and known by the name of Swan-Creek Marsh and Cripple, situate in Mispillion hundred, Kent county, to ditch, drain and bank the same.

Passed at Dover, Jan. 26, 1804—Private act,

CHA P. CLX.

An ACT for the better regulation of private roads in
Kent county.

B

E it enacted by the Senate and SECTION 1. House of Representatives of the State of Delaware, in General Assembly met, That the Levy court, and Court of appeals of Kent county, are hereby empowered and required, at the time and place at which overseers of the roads, causeways and bridges in the said county are annually nominated and appointed, on the application of any person, or persons whatever, to nominate and appoint an overseer of any private road in any hundred in the county aforesaid, which heretofore hath been or hereafter shall be laid out, agreeable to the laws of this State, for which such application shall be made, and in like manner an overseer or overseers for all or any other private roads in any of the said hundreds, on application as aforesaid, by warrant under the hand of the clerk of the peace and the seal of his office, which said warrant shall specify the road or roads, for which each and every overseer as aforesaid, shall be appointed, and shall be delivered to every overseer as aforesaid, by the clerk of the peace, at the expense of such applicant, on or be fore the first day of March next, and on or before the first day of March in every year: Provided, That no person shall be compelled to accept the said office, but shall be at liberty to reject the same.

SECT. 2. And be it enacted, That all private roads which have been, or hereafter shali be laid out, agreeable to the laws of this State, shall be of the breadth of twenty-five feet, twenty feet whereof, shall be grubbed and cleared, and every causeway in every such road shall be of the width of fifteen feet, and every bridge situate as aforesaid, of the width of twelve feet; and it shall be lawful for every overseer of any such private roads, as soon as