Injuries to

ancient mill seats by new mills.

Inquisition.

Judgment.

Abatement.

Limitation.

Liability of

charging unusual

without notice

to lower mills.

CONCERNING MILLS. CHAPTER 61.

SEC. 2. If the owner of a mill, now built, shall be injured by any mill-race, dam, or pond, to be made by any other person, the Superior Court shall, upon his petition, issue a writ to the sheriff, commanding him to summon a jury of twelve lawful men to view the premises in the presence of the parties, or upon due notice to them, and to appear at the next term of the said court to determine, after due trial, whether any and what damage the plaintiff has sustained by means of said race, dam, or pond; and the court shall render judgment according to such verdict, with costs, and may issue execution therefor. But if the jury shall, by their verdict, find that such race, dam, or pond, so injures any mill above or below it that it ought not to continue, the said court shall order the maker thereof to abate the same, and may enforce such order by imprisonment; and may also order the party injured to abate the same.

No petition shall be filed, under this section, after six years from the accruing of the cause of such action, saving the rights of infants femes covert, and insane persons, for one year after disability removed.

SEC. 3. If any owner, or tenant, of any mill worked by water upper mill dis- power, shall wilfully and knowingly discharge from the pond an quantity of water unusual quantity of water; or if, by the accidental breaking, or overflowing, of any mill-dam, an unusual quanty of water should be discharged, it shall be the duty of the owner, tenant, or person having charge of, and residing at or near the said mill, as soon as the nature of the case will admit, to give notice of the wilful, or accidental, discharge of such water, to the owner, tenant, or keeper, who may reside at or nearest to any mill which may be situated next below upon the same stream; and for neglecting to give such notice, the offender shall pay double the damages which may be sustained by the owner, tenant, or keeper, of any such lower mill, with costs of suit.

Chap. 537, vol.11. Power to erect dam granted. Terms, conditions.

[SEC. 4. Any person may erect or raise a dam to raise water for working any mill, upon and across any stream in this State, where it is not navigable, upon the terms and conditions, and subject to the regulations hereinafter expressed. No such dam shall be erected to the injury of any mill lawfully existing above it upon the same stream; nor to the injury of any mill site above it on the same Chap. 645, vol. 11. Stream ;] [where the fall is more than three feet upon the lands of any one person laying on or upon said stream, above the land of the person or persons who make application for the building or raising of said dam,] nor unless the person or persons applying Court of General shall be the owner or owners of the land where the abutment of said Peace and Jail dam is built on one side of the stream. The Court of General Delivery to have Sessions of the Peace and Jail Delivery within each county shall application to have jurisdiction on all applications to authorize the building or raising of any dam in such county. The proceedings shall be by petition to the court upon fourteen days' notice, in writing, to all

Sessions of the

jurisdiction upon

raise or build dams.

Proceedings.

CONCERNING MILLS. CHAPTER 61.

persons owning or holding land that will be affected by raising or building such dam; and such notice may be served to persons re- Notice. siding in the county, personally, or by leaving a copy at his or her How served. dwelling house; and persons residing out of the county, by a copy

*

appointing

made,

to be sworn or

sent to their address by mail. The court shall, by order, appoint Order of court five disinterested and substantial freeholders of the county as com-commissioners. missioners, directing them to go upon and view the premises embraced within the application for authority to raise or erect any dam; and in conformity with * * this act, after Chap. 645, vol. 11. due and careful examination of these premises, they shall determine to what height it shall be lawful for the person or persons making application to raise or build such dam; and they shall affix some Duties of. durable mark at some place convenient and contiguous to such dam, to designate the height thereof; they shall also assess the full value of the damages that each owner of the lands may sustain by reason of the erection or raising of such dam, taking into consideration the benefit as well as damages accruing to such owners; and shall make return in writing, on the first day of the next term of the Return; when court holden after their appointment, of their proceedings, clearly set forth in writing under their hands or the hands of a majority of them. Before the said commissioners shall enter upon the dis- Commissioners charge of their duties under this act, they shall severally take and affirmed. subscribe an oath or affirmation to perform their duty with fidelity. The commissioners may employ a surveyor or civil engineer to go upon the premises with them, if they deem it necessary. The com- Compensation. missioners and surveyor, or civil engineer, shall be paid the sum of two dollars for each and every day they may be employed under the order. If any owner or owners of land affected by raising or building any dam, shall be dissatisfied with the damages assessed to him or them, as returned by the commissioners, or a majority of them, on an order for viewing, and shall apply to the court within six days after the return for an order of review, the court shall grant such order, and appoint five other suitable persons to review Review. the premises and re-assess the damages to the lands of such persons as join in the application for review, and which are or will be damaged by the raising or building of said dam. If no greater damages are allowed to the owner of any land than were given on the first order, said owner shall not receive any larger sum than is assessessed by the commissioners appointed on the order of review. All expenses on each order of court shall be paid by the person Expenses; how or persons who apply for the order. Whenever any person or persons who make any application to raise or build any dam, shall have paid the damages assessed in conformity with this act, or in case of a refusal to receive any of said damages, shall have made a lawful tender of the sums so refused, he or they shall have authority to raise or build such dam to the height as returned by the

paid.

Sand, &c., for

or repair of dam.

Petition.

Notice.

damages.

Return

CONCERNING MILLS. CHAPTER 61.

commissioners, or a majority of them, who were appointed on his or their petition.]

[SEC. 5. That whenever earth, sand, gravel, stone or other matethe construction rial requisite for the construction or repair of any lawful dam shall Chap. 450,vol.13. lie contiguous or adjacent to such dam, it shall and may be lawful for the owner or owners of such dam to proceed by petition, setting forth the facts, to the Court of General Sessions of the Peace and Jail Delivery of any county in term time, or to any judge thereof in vacation, upon ten days' notice to the owner or owners of such earth, sand, gravel, stone or other material, if resident within the State, or if non-resident, to the tenant residing upon the premises. And the said court, or any judge thereof, shall thereupon, by order, Commissioners. appoint five disinterested freeholders of the county, commissioners, directing them to go upon the premises described in the said petiAssess value and tion and assess the value of such earth, sand, gravel, stone or other material stated in the said petition to be required as aforesaid, and also to determine the damages sustained by the owner or owners thereof by reason of taking the same, and make return thereof under their hands or the hands of a majority of them, which return shall be forthwith filed in the office of the clerk of the said court in the county wherein the said proceedings shall take place, and upon the amount of damages so as aforesaid being paid unto the person or persons entitled, or deposited to their credit in the Farmers' Bank of the State of Delaware, or in any branch thereof in the county where the said proceedings shall have been commenced, it shall and may be lawful for the owner or owners of such dam to enter in and upon the premises described in the said petition, containing such earth, stone, sand, gravel, or other material, and take and remove and use the same for the construction or repair of their Order of review. said dam; Provided, that if either party be dissatisfied with the amount of damages awarded, that upon notice as aforesaid and petition filed within thirty days after the said return of the commissioners, the said court or any judge thereof shall grant an order of review and appoint five other freeholders as aforesaid, who shall review the premises and re-assess the damages and make return as aforesaid.

Where filed.

Payment of damages.

Entry.

Increased damages.

Decreased damages.

If greater damages are allowed than were given on the first order, such increase shall be forthwith paid or deposited as aforesaid by the owner or owners of the dam, and if less damages shall be allowed, the difference between the sums so awarded shall be reCosts of review. funded. The costs of such review to be borne by the unsuccessful party; Provided, that proceedings for a review shall not delay the right of the owner or owners of the dam to take and use the material in question in repair or construction of such dam, after having paid or deposited the amount first awarded as aforesaid.] [SEC. 6. That if at any time a breach in the banks of any stream upon which a lawful dam shall exist, shall occur by reason

Proviso.

Of the damage to the banks of streams.

OF WRECKS. CHAPTER 62.

of flood or from any other cause whereby the usual volume of Chap. 450,vol.13. water shall be diverted from its customary channel to the injury of the owner or owners of such dam and water power, that it shall and may be lawful for such owner or owners to enter in and upon the lands where such breach shall have occurred and whenever it may be necessary to repair the same, and all damages which may occur unto the said premises by reason of such entry and repair, shall be assessed upon the application of either party in interest, in the mode appointed in the next preceding section and subject to the same provisions as to payment or deposit and review.]

SECTION 1. The Governor shall appoint two wreck-masters in Wreck-masters. each county, who shall give bond to the State, in ten thousand dol- Bond. lars, with sufficient surety to be approved by the governor, condi

tioned for the faithful performance of his duties. They shall hold Term; residence. their office for the term of four years from the date of their commission, and one of them shall reside in Lewis and Rehoboth hun

dred.

as

Aid.

SEC. 2. The wreck-master, upon information of any vessel being Duty. wrecked, or in distress, shall forthwith command such aid as can be Power. procured; and if any person shall refuse, or neglect, to render sistance, he shall forfeit and pay fifteen dollars; and if the master any other vessel near shall refuse, or neglect, when so required, to render such aid as he can afford without risk of his own vessel, he shall forfeit and pay to the master, or owner of the vessel wrecked, or in danger, three hundred dollars.

of

the wreck, un

SEC. 3. The persons, so assembled, shall obey the order of the Authority. master, on board of such vessel, and of the wreck-master, on shore. No one to board No one shall board the vessel without the consent of one of them; less, &c. and if any person shall wilfully oppose their orders, or hinder the saving of the vessel, or goods, or shall deface the marks of the goods, Penalty for he shall be deemed guilty of a misdemeanor, and shall be fined one $100. hundred dollars, or may be imprisoned not exceeding one year. Vessel or goods SEC. 4. If a vessel, or goods, be cast on shore, and no person ap- cast on shore.

opposing orders,

Notice.
Inventory.

Sale.

Proceeds.

Notice of

OF WRECKS. CHAPTER 62.

pear to claim the same, the finder shall notify the nearest wreckmaster, who shall make a true inventory thereof. If unclaimed for the space of six months, or sooner if they be perishable, they shall be sold by order of a judge of a Superior Court, on due notice; and the proceeds, deducting proper costs, charges, and salvage, shall be paid into the treasury, subject to be refunded to the owner, on proof of property to the satisfaction of the said judge, and upon his order.

SEC. 5. The nearest wreck-master shall, within ten days, give wrecked vessel. notice of any wrecked vessel, or goods, describing the property, and posted in five of the most public places of the county.

Salvage.

Wrecked goods

SEC. 6. The finder of a wrecked and abandoned vessel, or goods, and all persons rendering aid in saving, or securing such vessel, or goods, or in saving a vessel from wreck, shall be paid such reasonable salvage as may be agreed on, or as shall be assessed by three judicious men to be appointed by a judge of the Superior Court; and the sums, so awarded, shall be a lien on such vessel, or goods, and upon the fund raised by any sale thereof; but no salvage shall be allowed on anchors, or cables, taken up within three months of the time when they were lost.

SEC. 7. If, upon search duly made by warrant, wrecked goods, found concealed. or property, be found concealed, they shall be restored to the owner, or his agent, or to the wreck-master; and the justice, issuing such warrant, may enforce such restoration by imprisonment.

Pay of wreckmaster.

Penalty for

taking wrecked goods.

Showing false lights.

Penalty.

Murder.

SEC. 8. The wreck-master shall be entitled to receive four dollars for each day's service in the premises, to be paid by the owner, or claimant, of the property saved.

SEC. 9. If any person shall take and carry away, conceal, or destroy, any goods, or property, wrecked, or belonging to, or part of a vessel wrecked, or in danger of wreck, or in distress; or shall wilfully obstruct the escape of any person from such vessel wrecked, or in danger, he shall be deemed guilty of a misdemeanor, and shall be fined not exceeding one thousand dollars.

SEC. 10. If any person shall wilfully and feloniously show false lights, or use any other device, to cause a vessel to be wrecked, or bring her in danger of being wrecked, he shall be deemed guilty of felony, and shall be fined not exceeding five hundred dollars, and shall suffer six months imprisonment, and shall be whipped with thirty-nine lashes; and if the death of any person be caused by such false lights, or device, he shall be deemed guilty of a murder.