CONCERNING ROADS AND BRIDGES. CHAP. 60. CHAP. 678, VOL. 19. act, shall settle all accounts on or before the second Saturday in May of the present year, and shall deliver to the supervisors of roads hereby appointed all books, Shall deliver papers, tools, goods and chattels belonging to them in their capacity as road commissioners by the date last aforesaid. books, &c. SEC. 4. It shall be the duty of each supervisor of roads, between the date of his Supervisor shall estimate money election to office and the first Monday in May following, to estimate the amount of required. money that will be required during the year in which he is in office to keep the roads and highways and all bridges, not county bridges, in his district in good repair. The Duty of superfive supervisors of roads shall meet in their hundred on the first Monday in May fol- visors at May meeting. lowing their election and shall canvass, revise, alter and pass upon, in joint session, the estimates of each supervisor for his district. They shall estimate the total sum of money that will be necessary for roads and highways and all bridges, not county bridges, and calcutate the rate thereof per centum on the duplicate of their hundred, which shall have been approved by the county commissioners in March previously, and shall lay the tax accordingly. They shall then make and sign a certificate of the rate Certificate of and amount of tax so estimated, and shall, within five days after the said first Monday amount in May, deliver the same to the county treasurer, whose duty it shall be to collect the To whom delivered. same and deposit it in the Farmers' Bank at Wilmington to the credit of the super- Duty of county tax rate and treasurer. tents of. team not to be visors of roads of Brandywine hundred. SEC. 5. It shall be the duty of each supervisor of roads to mend and repair all Time of mendroads and highways in his district within forty days from the second Monday of May ing roads. in each and every year. At least ten days before starting the work of mending and repairing the roads and highways of his district he shall give notice of the time of start- Notice: coning such work, and also he shall state in such notice what road and at what point thereon he will start such work. Said notices shall be posted in six of the most promi- Where posted. nent places in his district. No supervisor shall use his own teams for any work pro- Supervisor's vided to be done by this act in mending and repairing the roads of Brandywine used. hundred. No resident of the district shall be allowed to furnish and receive pay for Teams of resihis team for mending and repairing the roads and highways for a longer period than dents to be used one day only. one day; Provided that should the supervisor be unable to procure any team other Proviso. than one that had already been furnished for one day's work, he may procure a team wheresoever he can in the said district, if possible, and if not possible to obtain the necessary team or teams in his own district then he may procure them wherever he can. All taxpayers who apply for work on the roads and highways as aforesaid shall Taxpayers may work. receive work. Each man so applying for work shall furnish his own tools for that purTools; by pose, except tools for stone work. The supervisors shall furnish all necessary tools whom supplied, for stonework. Where the dividing line between any two districts is a road or highway, the super- Division roads, visors of the districts so separated by such road shall equally divide the work of repairs how proporon such road or highway, and one-half of such road or highway shall be kept in repair by each supervisor. tioned. accounts. SEC. 6. The supervisors of roads shall keep an itemized account of all money paid Supervisors shall in each district, to whom the same is paid, and for what work, and the same shall be keep itemized open to public inspection of taxpayers of their district, at any reasonable and proper Inspection of. time, upon the request of any taxpayer. They shall make return of their accounts as aforesaid to the county commissioners on or before the first day of March following their election. The county commissioners commissioners. shall audit the said accounts of the supervisors not later than the fifteenth of March Audited accounts; where aforesaid. The accounts when audited shall be returned to the supervisor who shall to be posted. Return to county Compensation of supervisors. Per diem for CONCERNING ROADS AND BRIDGES. CHAP. 60. CHAP. 678, VOL. 19. then post statements of the said accounts, as audited, in five of the most prominent places in each district. SEC. 7. The supervisors of roads shall receive as compensation the sum of two dol lars per day; provided however that no supervisor shall receive more than one hundred dollars compensation for his entire term of one year. He shall not be allowed more than one day's pay for making his estimate of the amount of money that will be required to keep the roads and highways and all the bridges, not county bridges, of his district, in repair, as provided in Section 4 of this act. He shall be allowed one days pay for posting notices whenever required by the provisions of this act so to do. He shall be allowed two days' pay for all services in connection with the auditing of his accounts before the county commissioners as provided herein. He shall be allowed one days' pay for the meeting of supervisors, as provided in Section 4 of this act; also he shall be allowed one day's pay for making his statement, as provided in Section six. Each taxpayer who shall work at mending and repairing the roads and highways as work upon roads, aforesaid shall be entitled to receive as compensation the sum of one dollar and a-half for each day he shall work. For each horse furnished for work as aforesaid the owner thereof shall be entitled to receive as compensation the sum of one dollar per day. The said supervisors shall settle all claims that may be presented and approved, twice in each year, to wit: on the first Monday of September and February, provided they have sufficient funds in the Farmers' Bank to their credit. Claims to be settled semiannually. Supervisors shall clear roads of snow. Supervisors may SEC. 8. It shall be the duty of the supervisors of roads in time of heavy snow storms, by which the public roads and highways become filled with snow so as to impede travel, to provide teams, men, and such other appliances as may be needed to at once make the said road and highway passable. SEC. 9. The supervisors of roads as herein provided for shall have power and auborrow money. thority to anticipate the road tax for their hundred in any year by borrowing money at legal interest. Vacancies; how filled. Neglect of duty a misdemeanor. Jurisdiction of Election officers; how chosen. Certificates of election. SEC. 10. In case of the death, resignation or removal from office, or from the district, of any supervisor of roads elected under this act, it shall be the duty of the of ficers who held the last election for supervisors of roads to duly announce and hold an election for the successor of the supervisor so dying, resigning or removing. Should, however, there be a vacancy by death, resignation or removal from office or from the district of the supervisors of roads appointed under this act, it shall be the duty of the remaining supervisors of roads, to fill the vacancy or vacancies. SEC. 11. Every neglect of the duty of the supervisors of roads, as set forth in this act, shall be a misdemeanor, and shall be punishable by a fine of twenty dollars; any justice of the peace of Brandywine hundred, and of the City of Wilmington, shall have jurisdiction of any charge involving a neglect of duty of any supervisor; onehalf of any fine or penalty for neglect of duty as herein provided for and collected shall be paid to any person who shall sue for the same in an action before any such justice of the peace; the other half shall go for the use of the roads of the district in which such neglect of duty has taken place. SEC. 12. At the annual election for supervisiors, to be held on the second Saturday in April, there shall be elected one inspector for each district, whose duty it shall be to hold elections for supervisors and inspectors. His term shall be one year. He shall appoint two judges of election, one from the democratic and [one from the] Republican party, who shall also act as clerks. The said inspector and judges shall make and sign a certificate of election for each supervisor and inspector elected. The inspector CONCERNING ROADS AND BRIDGES. CHAP. 60. CHAP. 137, VOL. 18. election. penses; how shall give at least ten day's notice, posted in five of the most prominent places in his Notice of district, of the time and place of holding any election. Each inspector and judge shall Compensation receive the sum of two dollars for holding any election. The school commissioners of of Judges and Inspector. each school district where in any election as aforesaid shall be held shall receive for the Hire of school use of the school house the sum of two dollars for each election held therein. All ex- building. penses incurred in holding elections shall be paid by the supervisors out of the funds Election exreceived for road tax. The annual election for supervisors and inspectors shall be held paid. between the hours of two and seven in the afternoon, and the polls shall be open for Polls open from 2 to 7 o'clock. in Section 3 of this act, or their successors if any there be, shall hold the election on shall hold first election. the second Saturday in April, A. D., eighteen hundred and ninety-five, under and in accordance with the provisions of this act. Elections shall be held in the several dis- Places of holdtricts, at the following places: In district number one, at school house number seven; ing elections. in district number two, at school house number six ; in district number three, at schoolhouse number five; in district number four, at school house number two; in district num that purpose from two o'clock until seven o'clock. The supervisors of roads named Supervisors ber five, in school house number seventy-three. Funds; where SEC. 13. The county treasurer of New Castle County shall deposit all amounts of money collected for road tax in Brandywine hundred in the Farmers' Bank, at Wil- deposited. mington, to the credit of the supervisors of roads of Brandywine hundred. Such funds How drawn. so deposited shall be subject to the order of the said supervisors, who shall all sign their names to any checks or orders thereon. SEC. 14. So much of the law of this State relating to public roads and highways as Inconsistent is inconsistent herewith is hereby repealed so far as it relates to Brandywine hundred laws repealed as to Brandywine in New Castle County; Provided however that nothing contained in this act shall in hundred. any manner interfere with, abridge or limit the rights, duties and liabilities which have Proviso. arisen, or may arise under or by virtue of an act entiteld "An act to encourage the improvement of the public roads and to provide for the maintenance thereof in New Castle County," passed at Dover, March 28, 1887 (18 Del. Laws, Ch. 121, page 184, &c.), as the same was amended April 19, 1889 (18 Del. Laws, Ch. 578 and 579, page 702, &c.), and that so far as said last mentioned acts and amendments are concerned they Officers shall shall continue and be of the same force and effect as if this act had never been passed; comply with provisions of and those officers who by or under the provisions of this act are to be substituted for act of April 19, 1889. and perform the duties of the road commissioners of Brandywine hundred shall conform to and comply with the said act of March 28, 1887, as amended April 19, 1889, the same as it has heretofore been the duty of the road commissioners of said hundred to conform to and comply with said act as amended as aforesaid. Passed at Dover, May 4, 1893. CHAPTER 137, VOL. 18, LAWS OF DELAWARE. AN ACT CONCERNING PUBLIC ROADS IN APPOQUINIMINK HUN DRED. sioners to review roads and SECTION I. The road commissioners of Appoquinimink hundred shall some time in Road Commisthe month of April view the roads and bridges in the aforesaid hundred and make an estimate of the amount of money it will require to keep said roads and bridges in repair bridges. for the current year. SEC. 2. Immediately upon the reception of the duplicate by collector of county rates and taxes the road commissioners shall meet and calculate the rate per centum on the Shall meet and calculate the rate on duplicate. Shall appoint lect road tax, Bond. May purchase materials. Tax not exceed ing $3,000 may be levied. Shall not give a CONCERNING ROADS AND BRIDGES. CHAP. 60. ADDITIONAL ACTS. duplicate of said hundred which shall have been approved by the Levy Court of New Castle county, and they shall lay the road tax accordingly. SEC. 3. The road commissioners of the aforesaid hundred shall appoint a suitable person to collect the road tax of said hundred; said collector shall give bond with two or more securities to be approved by the road commissioners for the faithful performance of his duty, said bond shall be given the road commissioners and their successors in office in a penal sum double the amount of the tax to be collected. SEC. 4. The road commissioners of the aforesaid hundred shall in all cases use proper discretion in the purchase of lumber for the bridge in the aforesaid hundred, as also in the performance of any and all other duties appertaining to the office, and in case of failure in the performance of their duty they shall be liable to be indicted by the grand jury of the county, and if proved guilty the court shall fine in such sum as said court shall deem just. SEC. 5. The road commissioners of the aforesaid hundred shall not levy and cause to be collected a sum exceeding three thousand dollars in any one year for road taxes in the aforesaid hundred. SEC. 6. The road commissioners shall not give a check to any person or persons check until when furnishing material for bridge or doing work on the roads in the aforesaid hundred until the parties shall show said commissioner that their road taxes for the current year has been paid. Proviso. Collectors to deposit money. Compensation. Road Commis sioners of Black SEC. 7. All acts and parts of acts inconsistent with this act is hereby repealed. Provided the collector appointed to collect the road taxes shall be the collector of county taxes. Passed at Dover, April 21, 1887. CHAPTER 444, VOL. 16, LAWS OF DELAWARE. AN ACT TO REPEAL CHAPTER 81, OF VOLUME 16, DELAWARE LAWS AND TO SUPPLY A SUBSTITUTE THEREFOR. * * * * * * SEC. I. SEC. 2. That the collector of road tax in Appoquinimink hundred, New Castle county, shall deposit in some bank, to be designated by the road commissioners of said hundred, all moneys collected by him as such collector to the credit of said hundred, subject to the order of the road commissioners to be drawn upon by their check or checks; said check or checks shall be signed by at least two of said road commissioners in paying for labor done or material furnished by any person or persons, Provided the road commissioners shall first deduct all taxes due the hundred from such person or persons. SEC. 3. The road commissioners shall each have two dollars per day for each and every day of actual service by them in the performance of their duties. Passed at Dover, April 8, 1881. CHAPTER 574, VOL. 18, LAWS OF DELAWARE. AN ACT IN RELATION TO ROAD TAXES IN BLACKBIRD HUNDRED, SECTION 1. That from and after the passage of this act, it shall not be lawful for bird hundred not the Road Commissioners of Blackbird Hundred to levy and collect more than the CONCERNING MILLS. CHAPTER 61. sum of two thousand dollars, exclusive of delinquencies and commissions, in any one to raise more than $2,000. year, for the making and repairing of roads and bridges. used. SEC. 2. That no part of said sum shall be expended for the making and repairing of Said sum; how roads and bridges between the first day of October in any one year and the 15th day of April in the ensuing year unless required by some pressing necessity. Passed at Dover, March 8, 1889. CHAPTER 671, VOL. 19, LAWS OF DELAWARE. AN ACT TO ENLARGE THE POWERS OF THE ROAD COMMISSIONERS sioners of Pencader hundred SECTION 1. That the road commissioners of Pencader hundred be and they are Road Commishereby authorized and empowered to borrow annually an amount of money, not exceeding three-fourths of the road tax levy of the said hundred for that year, for the pur pose of repairing and improving the roads, provided that the amount borrowed for any Proviso. one year be paid before any amount be borrowed for the next ensuing year. authorized to borrow money. when due. SEC. 2. Should, by reason of defalcation, incomplete collection of taxes, or other- Provision if wise, the amount so borrowed be not paid in the year in which it is borrowed and at money not paid the time it is due, the tax levy for the next ensuing year shall be increased to an amount to include the money due and unpaid; and upon proof to the collector of taxes and county treasurer of New Castle County of the amount due and unpaid it shall be the duty of the said collector of taxes and county treasurer to pay the person or persons entitled, out of the first moneys by him received from the taxes of the said hundred, the amount due. SECTION 1. The legal toll for grinding wheat, rye, indian corn, Rate of toll. buckwheat, or malt, shall be, in New Castle County, a tenth part; in Kent and Sussex, for grinding wheat, or malt, a tenth part, and for grinding indian corn, rye, and buckwheat, an eighth part; and if any miller shall take more toll than this, he shall forfeit and pay fifteen dollars, and costs, to any one who will sue for the same. |