CHAP. CLXX.

An ACT authorizing certain commissioners therein named, to view the road leading over Appoquinimink bridge and causeway, and to alter and change the

same.

CHAP

CLXX.

1805

W General assembly, that the present bridge

THEREAS it hath been represented to this Preamble.

and causeway over Appoquinimink creek and marsh are in bad repair, and doubts having been suggested whether the said causeway can be raised so as to remain permanently secure from being overflowed by the tide water of the said creek; and it being further represented, that there is great danger of destroying the navigation of the said creek, above the bridge, should it be suffered to remain where it is now placed:

SECTION 1. BE it therefore enacted, by the Senate and House of Representatives of the State Commissioners of Delaware, in General Assembly met, That Willi- appointed. am Cooch, Maxwell Bines, Nehemiah Tilton, James Henry and James Riddle, be, and they are hereby appointed commissioners; who, or a majority of whom, are hereby authorized, empowered and required

to view, ascertain and determine whether the pub- Their powers lic convenience requires, that the State road leading in viewing the over Appoquinimink bridge and causeway should causeway; bridge and be altered and changed, and a new bridge and causeway be erected higher up the creek; and if upon the said view they should be of opinion, that it would be to the public advantage to alter and remove the said road, then they are hereby authorized, empowered and required, to ascertain and determine the place where the said road shall run, and a new bridge and causeway be erected, so as to be most advantageous to the public, and least injurious to individuals; and also to review the State and State road road leading from Drawyer's bridge to Blackbird from Draw

Blackbird

bridge.

Return to be made to the office of the clerk of the

ver's bridge to bridge, that it may be made correspondent to the new bridge and causeway so to be erected, as aforesaid, and to lay out the same in the most convenient manner, and to employ such surveyor or surveyors, labourers and workmen, as they shall think necessary in plotting and laying out the same; and that the said commissioners, or a majority of them, shall make a return thereof into the office of the clerk of Supreme court. the Supreme court, for the county of New-Castle, describing the said road in writing under their hands, with courses and distances, and the place where the said public bridge shall be erected as aforesaid, with a fair map or plan of the same; which said return, the said clerk shall enter on record in the said office without delay, and the same shall from thenceforth be deemed, taken and allowed to be a State road.

What it shall

contain.

Commissioners.

SECT. 2. And be it enacted, That if the said road, to assess the da- So to be laid out and established as aforesaid, shall mages done to improved lands. pass through the improved lands of any person or persons, then and in such case, the said commissioners, or a majority of them, shall truly and faithfully assess the damages sustained by the owner or owners of such improved lands, by reason of the said road being laid out through the same, and report the said damages so to be assessed in their return to be made as aforesaid.

The road when

established, to remain unalter

able.

Expenses and

defrayed.

SECT. 3. And be it enacted, That the said road, when so as aforesaid recorded and established, shall remain unalterable as other parts of the said State road within the said county; that the expense of laying out, returning and recording the same, todamages, how gether with the damages aforesaid, if any, shall be defrayed by the said county, and shall be adjusted by the Levy court, and paid as other public debts; and that the same road shall afterwards be opened, cleared, made and supported in the same manner that other State roads within the said county are by the laws of this State; and that from and after the said road, so to be laid out, shall be opened and

to be vacated.

put in good order, that part of the present State The old road road, in lieu of which the said road shall so be laid out by the said commissioners, shall be vacated.

vide for erecting

SECT. 4. And be it enacted, That the Levy court Levy court of of the said county of New-Castle, at their meeting New-Castle in March next, or as soon as may be, shall provide county to profor the making and erecting without delay, a good a bridge over and sufficient bridge over Appoquinimink creek Appoquinimink. aforesaid, at the place designated by the commissioners in their return, which shall be deemed to be a public bridge, and shall be of the same breadth and sufficiently railed in, as other public bridges within the same county are directed to be by the laws of this State, and in like manner shall be after

How to be main

wards supported and maintained, and the expenses tained and supthereof shall be raised as other county rates and le- ported. vies are by law.

SECT. 5. And be it enacted, That if any of the commissioners herein named, shall be rendered in- Vacancies, how supplied. capable or refuse to act, remove out of the State, or happen to die before the duties hereby enjoined them be performed, then and in every such case, the commissioners, who continue to act, or a majority of them, shall nominate and appoint by some writing under their hands, some other suitable person or persons, in the room of such as shall be rendered incapable, refuse, remove, or die as aforesaid; which said person or persons, so to be nominated and appointed, are hereby empowered and required to act in the premises, as fully as any person or persons herein mentioned and appointed commissioners, may or can do.

of the commis

SECT. 6 And be it enacted, That each of the commissioners, hereby appointed or to be appoint- Compensation ed as aforesaid, for the services herein or hereby sioners, required of him, shall receive for his trouble and services in attending to the said business, two dollars per day; the surveyor, two dollars, while attending on the commissioners, and five dollars for his Surveyor,

Penalty for

sances on said road, and

plot; and the chain-carriers and other necessary workmen, each one dollar per day, to be allowed and settled by the Levy court and Court of appeals, as aforesaid.

SECT. 7. And be it enacted, That if any person committing nui- or persons shall obstruct the aforesaid State road, to be laid out and returned as aforesaid, or shall turn or commit any nuisance therein, and do not remove the same forthwith, such person or persons so offending, and being duly convicted thereof, shall be fined in any sum not exceeding fifty dollars, to be applied for the removing of such nuisances, and repairing the public roads within the hundred where the offence shall be committed; and if any person or persons shall wickedly and maliciously cut down, break or injure the aforesaid public bridge, and shall be duly convicted thereof, in the Court of general quarter sessions of the peace for the said county, every such person so offending, shall be fined in any sum not exceeding two hundred dollars, and shall moreover be compelled to pay such further sum or sums of money, as may be sufficient to repair the damage done to the said bridge.

for cutting or damaging the bridge.

Old road to

remain if most to the public advantage.

SECT. 8. And be it enacted, That if the said commissioners, or a majority of them be of opinion, upon the said view, that it will be best and most to the public advantage, that the old road should remain as it now runs, over the present bridge and causeway, they are also hereby required to make return thereof to the office of the clerk of the Supreme court, for the county of New-Castle, which said return, the said clerk shall enter on record in the said office without delay; and that the same road shall afterwards be repaired and supported in the same manner, as other State roads within the said county are, by the laws of this State; and that the said bridge shall also be deemed and taken ported as other to be a public bridge, free from toll, and shall be public bridges. repaired and supported, as other public bridges

Bridge declared

a public bridge,

free from toll, and to be sup

CHAP.

CLXXI.

بها

1805.

Penalty for com

within the said county are, by the laws of this State; and that any person or persons, who shall obstruct the said road, or commit any nuisance therein, and do not remove the same forthwith, or shall wilfully and maliciously cut down, break or injure the said public bridge, and shall be duly mitting nuisanconvicted thereof in the Court of general quarter ces therereon. sessions of the peace for the said county, every such person so offending, shall suffer the like penalty for the said offences respectively, as are mentioned and declared in the preceding section, and to be applied as aforesaid.

SECT. 9. And be it enacted, That the commis- Commissioners to be qualified. sioners herein appointed, or to be appointed as aforesaid, shall, before they enter upon the duties by this act enjoined them, respectively, take an oath or affirmation, before some judge of this State, or some justice of the peace of the county, for the true and faithful performance of the same; and shall also cause ten days notice to be given, of the time they shall meet and proceed in the discharge given of the of the said duties, by affixing three or more adver- time of meettisements in the most public places in the hundreds of St. George's and Appoquinimink, in the said county of New-Castle.

Passed at Dover, January 19, 1805.

Notice to be

ing.

CHAP. CLXXI.

An ACT making provision for the support of government, for the year One thousand eight hundred and five.

WH

HEREAS there is now in the treasury a sufficient sum of money to defray all the expenses of the government for the present year;

Preamble.