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REGULATIONS CONCERNING TRADE

tion of land or property.

SECTION 3. If it be necessary in carrying out this act, to take, Condemnaoccupy, or enter upon any land or property not public, for the purpose of locating or erecting said bridge, or of going to or from the place of location thereof before its construction for the purposes thereof, or to or from said bridge when constructed, such property or land may be taken, occupied, or entered upon for such purposes; and if the amount of compensation therefor be not waived or amicably arranged by the owners thereof and the Levy Court, so much of the said property or lands as shall be required for the purposes as aforesaid may be condemned and taken therefor by the same proceedings and in the same manner as are provided by the laws of this State in similar cases. Passed at Dover, March 11, 1867.

CHAPTER 152.

ANCHORING IN DEEP HOLE, BROADKILN CREEK.

SE. 1. Captain anchoring vessel in Deep Hole

liable for injuries dene said vessel in
case of collision.

SFC 2. Owner of vessel anchoring in Deep Hole
liable for injuries done other vessels
in case of collision.

An Act concerning Vessels anchoring in the "Deep Hole" at or near the mouth of Broadkiln Creek.

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

sel in Deep

for injuries

vessel in cas0

SECTION 1. That whenever any captain or commander of a Captain an vessel shall anchor any vessel under his charge within the limits choring ves of the place known as the "Deep Hole," just below the mouth of Hole liable Broadkiln Creek, in Sussex County, and whenever, if by reason done said of the anchoring of said vessel in said place the said vessel so of collision. anchoring as aforesaid be injured by collision with another vessel, the captain or commander of the vessel so anchoring shall be held liable as for gross negligence, and shall pay to the owner or owners of the vessel suffering such injury all the actual damages sustained, with costs of suit, to be recovered by an action of trespass on the case.

Owner of vessel anchoring in Deep Hole

to other ves

REGULATIONS CONCERNING TRADE.

SECTION 2. And be it further enacted by the authority aforesaid, That whenever by reason of the anchoring of any vessel in said liable for in-place any other vessel is injured by collision with the vessel so juries done anchoring aforesaid, the owner or owners of the said vessel so sels in case anchoring as aforesaid, shall be held liable to the owner or owners of the vessel so injured as aforesaid, as for gross negligence, and shall pay to the owner or owners of the vessel suffering such injury all the actual damages sustained, with costs of suit, to be recovered by an action of trespass on the case. Passed at Dover, March 20, 1867.

of collision.

Commission

ed to stake

of Murder

CHAPTER 153.

MURDERKILL CREEK.

Sec. 1. Commissioners appointed to stake off SEC. 2. Penalty for destroying or removing channel of Murderkill Creek.

stakes.

An Act in Relation to Murderkill Creek.

SECTION 1. Be it enacted by the Senate and House of Represeners appoint- tatives of the State of Delaware in General Assembly met, That off channel Captains William Maxon, Andrew Maxon and John Artist be kill Creek and they are hereby appointed commissioners to designate and stake off the channel or channels of Murderkill Creek at its mouth, and for that purpose they, or a majority of them, are hereby authorized and empowered to settle, plant and imbed, on either or both sides of the channel or channels of said creek, suitable and proper stakes, and to extend the same to such distances in the Delaware Bay as may be necessary for the safe navigation of said creek; and they, or a majority of them, are hereby authorized to renew, change and alter the stakes aforesaid from time to time as may become necessary for the purpose of pointing out and designating the channel or channels of said creek.

Penalty for

destroyingor removing stakes.

SECTION 2. Be it enacted as aforesaid, That if any person or persons shall wilfully destroy or remove any of the stakes settled and planted by and under the authority of this act, such person or persons so removing or destroying the same shall be deemed

REGULATIONS CONCERNING TRADE.

guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay to the State a fine of twenty dollars for each stake so by him or her removed.

Passed at Dover, March 8, 1867.

CHAPTER 154.

INDIAN MEAL.

An Act to Regulate the Selling of Indian Meal.

pounds

dian Meal

SECTION 1. Be it enacted by the Senate and House of Represen- Number of tatives of the State of Delaware in General Assembly met, That bushel of Inwhenever Indian Corn Meal shall be sold by the bushel, and no shall consist special agreement as to the measurement or weight thereof shall of. be made by the parties, the bushel, if sifted, shall consist of fortyfour pounds, and if unsifted the bushel shall consist of forty-eight pounds.

[blocks in formation]

Co-sureties

paying a

SECTION 1. Be it enacted by the Senate and House of Represen- co-debtor or tatives of the State of Delaware in General Assembly met, That courtes wherever one or more of several co-debtors or co-sureties for the debt entitled payment of a debt shall pay, or shall have paid to the creditor or

to transfer.

Transfer

endorsement

Transferee.

ment.

REGULATIONS CONCERNING TRADE.

creditors the sum due, including the costs, if any, that may have been incurred by him or them, the person or persons so paying, provided the amount paid shall exceed his or their proportion of liability for the demand, shall be entitled to have a transfer of the creditor or creditors' securities for the payment of the said debt, whatever the nature of such securities may be, to enable him or them to obtain contribution from the others, liable with. himself or themselves: such transfer may be by endorsement of may be by use as well as by more formal act. When such transfer is made, the transferee or transferees shall be entitled to and shall have in his or their own name or names as such, or by and in the name of such creditor or creditors, for his or their own use as transferee Remedies of or transferees, all and singular the remedy or remedies against the other debtor or debtors, surety or sureties which the creditor or Effect of pay- creditors could have: and no such payment shall in any wise operate to discharge, impair, or otherwise affect the securities. held by the creditor or creditors to the prejudice of the debtor or debtors, surety or sureties, so paying as aforesaid; nor shall any release of such co-debtor or co-debtors, co-surety or co-sureties, or entry of satisfaction upon any lien against him or them, operate in any respect as a payment or discharge of the demand itself of any of the securities therefor as against the other parties originally bound, to the end that such co-debtor or co-debtors, co-surety or co-sureties may recover by the use of the creditor or creditors' means or remedies the proportion of said demand which his co-debtor or co-debtors, co-surety or co-sureties ought to pay according to law and equity: Provided however, That the transfer to be made by the creditor or creditors shall not enable the transferee or transferees to take any legal proceedings against the codebtor or co-debtors, co-surety or co-sureties, unless such transferee or transferees, or some creditable person for him or them, shall first file, in the office of the prothonotary or magistrate of the county where legal proceedings are contemplated to be taken, Aidavit of an affidavit, setting forth the amount which he claims his or their claimed, &c., Co-debtor or co-debtors, co-surety or co-sureties is or are bound to contribute on account of such co-indebtment or co-suretyship, and such amount shall be indorsed by the prothonotary or magistrate upon the process issued.

amount

to be filed.

Future publications

SECTION 2. And be it further enacted, That in any edition of the laws hereafter to be published, the foregoing shall be incorpora ted with Chapter 65 of the Revised Code, with the proper enumeration of sections.

Passed at Dover, February 20, 1867

OF TITLES TO REAL PROPERTY.

CHAPTER 156.

RECORDING DEEDS.

A further additional Supplement to the act entitled, “An Act to extend tu • time for Recording Deeds."

recording

1869.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Time for all deeds or letters of attorney, concerning lands, tenements, or deeds ex hereditaments, sealed and delivered on or before the first day of ptended to January, one thousand eight hundred and sixty-seven, first being acknowledged or proved and the acknowledgment or proof certi fied according to the laws of this State in force at the time when such acknowledgment or proof was made, may, with the certificate of the acknowledgment or proof, and all endorsements and annexations, be recorded in the office for recording of deeds in the county wherein such lands, tenements and hereditaments. or any part thereof, are situated, if lodged in such office on or before the first day of January, in the year of our Lord one thousand eight hundred and sixty-nine; and the said record, or a copy thereof, shall be sufficient evidence; and from and after the first day of January, in the year of our Lord one thousand eight hundred and sixty-nine, no deed, or letter of attorney, sealed before the first day of January, in the year of our Lord one thousand eight hundred and sixty-seven, shall be recorded. Passed at Dover, January 10, 1867.

CHAPTER 157.

PARTITION OF INTESTATE LANDS.

Current Volume, 26. SEC. 1. Section added.

SEC. 1. Proceeding to assign dower auta tred

in vacation.

Future publications

An Act to amend the act entitled, "An Act to authorize proceedings for current vol partition of Intestate Lands to be begun in vacation.”

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That the following be added as an additional section to said act. [viz:]

26.

Sec. added.

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