STATE HIGHWAY DEPARTMENT

revenues received from the licenses of automobiles provide a fund for the use of the said Department not exceeding Four Hundred and Seventy-five Thousand Dollars.

From the moneys appropriated for the uses and purposes of the said department, the State Treasurer shall annually deduct such an amount as shall be necessary to pay the interest on all bonds issued under the provisions of this Act, and such money so deducted shall be so used by the State Treasurer. The State Treasurer shall also annually deduct from said moneys so appropriated an amount equivalent to two and one-half per centum of the amount of said bonds so issued under the provisions of this Act, which said last mentioned amount so deducted shall be paid into the sinking fund of the State for the liquidation of the principal debt of said bonds.

Section 15. The said department shall within thirty days after the passage of this amendment prepare a budget for the year 1921 and shall upwards of thirty days before the thirtyfirst day of December of each year prepare a budget for the next succeeding year. It shall estimate the probable amount of revenue which it will have for its use during 1921 and each succeeding year from all sources basing its estimate for the budget of 1921 upon available appropriations of the General Assembly and the revenues and experiences of the year 1920 and for each succeeding year upon available appropriations of the General Assembly and the revenues and *experiences of the year during which the budget shall be made. It shall estimate the probable cost of maintenance of its organization, such as the salaries of its regular and usual employees, its offices and the expenses thereof, and such other expenses as are commonly known as overhead expenses; and the fixed charges, if any, of any State highways constructed or reconstructed from the proceeds of bonds issued under the provisions of any Act relating to the said department, itemized; and the estimated costs of maintenance of any State highways which have not been constructed or reconstructed from the proceeds of such bonds. If there is any excess of revenue for the year 1921 or for such succeeding year, estimated as aforesaid, the said department may proceed to ascertain what amount

*So enrolled.

STATE HIGHWAY DEPARTMENT

of money, if any, such excess of revenue will warrant being borrowed for the construction or reconstruction of state highways. No amount shall be borrowed greater than an amount upon which such excess of revenue will pay the fixed charges on such highways as it is proposed to construct or reconstruct from the proceeds of bonds proposed to be issued. If it should be found that such excess of revenue warrants the borrowing of any money, and the budget is certified to by a certified public accountant selected by the department and approved by the Auditor of Accounts, the said department shall certify to the Governor, the Secretary of State and State Treasurer, the said budget and the certification of such accountant and the amount which said excess of revenue shall warrant to be borrowed, and the said Governor, Secretary of State and State Treasurer shall, and they are hereby authorized and directed to sell, execute and deliver bonds in conformity with the provisions of this Act, to an amount so certified by the department as warranted to be borrowed, upon the further request of said department, that bonds to such amount be sold.

If, at the end of any year there are any moneys resulting from annual appropriations unexpended and to the credit of the department, it may use such moneys for any of the purposes of this Act, but it shall not include the amounts of such moneys in ascertaining the excess of revenue in its budget.

Approved April 7, A. D. 1921.

CHAPTER 55.

STATE HIGHWAY DEPARTMENT

AN ACT to amend Chapter 63, Volume 29, Laws of Delaware, as amended by Chapter 70, Volume 30, Laws of Delaware, and providing for the building and maintaining of public roads and highways through incorporated towns in Sussex County.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 63, Volume 29, Laws of Delaware, as amended by Chapter 70, Volume 30, Laws of Delaware, be and the same is hereby amended by adding immediately after Section 21 of said Chapter, as amended, the following:

"Section 22. That whenever in the judgment of the State Highway Department, and the Levy Court or other body having jurisdiction over the expenditure of money for highway improvement in Sussex County the route for the construction or reconstruction of any highway in said County should continue through any incorporated town within said County, the said State Highway Department and the Levy Court or other body having jurisdiction over the expenditure of money for highway improvement in Sussex County shall construct and maintain said highway through such incorporated town, such construction to be made in accordance with the provisions of said Chapter 63, Volume 29, as amended by Chapter 70, Volume 30, Laws of Delaware.

Whenever any road or highway shall be so constructed through any such incorporated town there shall be no change made in the width of the street or streets of said town, except with the consent of the duly constituted governing body of said town.

Whenever any such road or highway shall be constructed

STATE HIGHWAY DEPARTMENT

through any such incorporated town it shall be under the sole control and maintained by the State Highway Department in accordance with the provisions of said Chapter 63, Volume 29, Laws of Delaware, as amended by Chapter 70, Volume 30, Laws of Delaware, and such highway shall not be undermined, broken, or any wise torn up for any purpose whatsoever by any person whatsoever, except upon a permit in writing from said Department.

Any and all contracts and agreements at any time heretofore made between the State Highway Department and the Levy Court or other body having jurisdiction over the expenditure of money for highway improvement in Sussex County and the duly constituted governing body of any incorporated town in Sussex County with reference to the construction and maintenance of any highways through any such incorporated towns be and the same are hereby annulled, cancelled and made of no effect."

Approved March 28, A. D. 1921.

CHAPTER 56.

STATE HIGHWAY DEPARTMENT

AN ACT to amend Chapter 213, of Volume 30, Laws of Delaware, and relating to the use of highways in certain periods.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

Section 1.

That Chapter 213, of Volume 30, Laws of Delaware, be and the same is hereby amended by adding thereto a new section after Section 11 thereof, said new section to be designated as, Section 11 A, as follows:

“Section 11 A. During certain periods of the year when the sub-grade of the state highways are saturated, either due to long continued rains, or to continued freezing and thawing, which causes the sub-grade to be in a weakened and unstable condition, due to the excess of moisture, all trucks shall be limited to fifty per centum of the weight of the load capacity as specified by the manufacturer of the truck.

"These periods of the year shall be determined by the State Highway Department, and due and satisfactory notices shall be given to truck users, by posting notices on the roads and by advertisements in the daily press, and by such other means as said Department may adopt.

"The period of so regulating truck traffic shall be only when the sub-grade is in its most unstable condition, and when likely to cause damage to the road surface by the commercial trucks."

Approved March 28, A. D. 1921.