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DITCH COMPANIES.

CHAPTER 195.

POKOMOKE RIVER IMPROVEMENT COMPANY.

Sec, 1. All the companies for the reclamation

of low lands on Pokomoke river con

solidated.
Incorporation.
Name.
Certain owners of low lands not em.

braced within the limits of said com

pany.
2. Purposes of said company.
3. Commissioners appointed.

Oath.
To lay out ditches.
Employ surveyor and chain carriers.
Survey line of ditches.
Plots.
Assessment.
Damages to owners.
Where deposited.
Proviso.
Certificate of commissioners as to pro-

portion of taxes to be applied to
cleansing main ditch and to making

and keeping in repair prong or prongs.
Conclusive.
Lists of owners of land.
What to contain.
Where posted.
Board of appeal.
Where to sit.
When.
For what purpose.
Conclusive.
Notice of determination of appeal and

of day appointed to commence opera

tions.
Commissioners' fees.
4. Return of commissioners to Recorder of

Sussex county
When.
To be recorded.
Where.
Return and record on copy of record to

be evidence.
Recorder, how paid and what fees.
When returns made &c., land deemed

to be under control of company. Upon what basis taxes to be assessed. How cost of opening ditches to be paid.

Powers of treasurer to collect cost.
5. Owners of land wishing to connect with

company's works.
Petition to Judge of county.
Appointment of freeholders.
To lay out ditches.
Return

Sec. 5. Effects of proceedings of freeholders,

Expenses.

How paid. 6. The costs of ditches, &c., already cut to

be estimated as if no such ditches, &c.,

existed. Allowance to be made to owners for

work on same.
7. Commissioners empowered to go into

Maryland to cut ditches, &c.
Expenses.
How defrayed.
Where work of company to be coin-

menced
Work upon prongs.
If work not commenced in two years

act to be void.
8. Board of managers.

How elected.
When.
Powers.
Shall exbibit account of acts, &c., to com-

pany.
Number of managers.
9. Treasurer.

When elected.
Bond.
Amount of.
Duties.
Pay of commissioners.
Commissions of Treasurer.
From whom first to collect taxes.
Treasurer ex officio collector of taxes of

company
Powers.
When to settle.
Whenever required shall exhibit ac-

counts of receipts, &c.

Duties within condition of official bond. 10. Sum to be raised to meet current ex

penses, when determined.
Proportion of each owner of land
How determined.
Certificate to treasurer.
Warrant for collection.

Certificate conclusive.
11. Persons assessed entitled to ou vote for

each dollar of tax.

Proxy.
12. Expenses of this act to be paid by com-

pany.
Public act.
Certain acts repealed.
Vacancies, bow filled.
Revocation.

An Act to Incorporate the Pokomoke River Improvement Company.

All the com SECTION 1. Be it enacted by the Senate and House of Representhe reclama. tatives of the State of Delaware in General Assembly met, (twotion of low thirds of each branch of the Legislature concurring herein,) That Pokomoke all the different improvement companies for the reclamation of solidated. the low lands lying upon the Pokomoke river, and the different

streams or branches tributary thereto, be and the same hereby are consolidated and made one great improvement company, and the owners of the lands embraced within their respective limits and

DITCH COMPANIES.

also the owners of all lands or low grounds benefited or to be benefited by the drainage now made or hereafter to be made by cleaning out the said river and the said streams or branches thereof, or the ditches cut or to be cut for the purpose of relieving the low lands bordering upon said river and formed by alluvial deposit near the same, be and they are hereby incorporated Incorporaand made a body politic and corporate in law and in fact, with tion. all the usual and necessary powers of like improvement companies, and subject likewise to the same obligations and duties as such companies are, by the name and style of “The Pokomoke Name. River Improvement Company," and as such shall have succession for the period of twenty years from the passage hereof, except the owners of low grounds lying west of the Pokomoke river run and the upper Pokomoke, beginning at George T. West's Certain upper line, which empties into said river, shall not be embraced Owners of within the limits or operations of said company except for the embiracsingle purpose of enabling the said company to collect from the the limits of

said comp'y. said owners of said land respectively such proportion of the expenses of said company in and about the ditching of said river below according to the report of the commissioners hereinafter mentioned.

SECTION 2. And be it further enacted, That the object and Purposes of purpose of the creation of said company is the more thorough said comp'y. draining and reclaiming the low grounds lying upon the said river, and to be rendered more valuable by promoting the more rapid and unobstructed flowage of water down the same by ditches and drains into and down the said river.

SECTION 3. And be it further enacted, That for the purpose Commissionof the more complete relief of the low grounds of the said river era appointfrom the water which stands upon the same for want of drainage, William P. Jones, Elisha W. Cannon and Joseph Ellis be and they are hereby appointed commissioners, whose duty it shall be, having first been sworn or affirmed before a justice of the peace Oath. to perform the duties devolved upon them by this act, to go upon the low grounds aforesaid and lay out upon the same such ditches or drains as they may deem necessary to relieve said To lay out grounds from water and fit them for profitable cultivation by ditches. their owners. They shall take to their assistance a surveyor and Employ, surchain-carriers, and shall survey the line of the said ditches or drains, chain carand make a plot or plots of the same, showing the courses and distances thereof, and make a general description or delineation of ditches. of the said low lands bordering upon the said contemplated Plots. ditches or drains and to be improved thereby, giving the names of the owners thereof and the estimated quantity of acres held by each; and shall estimate the cost of opening and making the

riers. Survey line

DITCH COMPANIES.

owners.

posited.

Proviso.

Certificate of corn mission

applied to cleansing

ing and

or prongs.

Lists of own

Assessment said ditches or drains, and shall make a proper assessment of

said cost, to be borne by such owners respectively, having reference to the quality of the land and the benefit per acre to be derived thereby to such owners, and if no benefit will be received

by any owner, but an injury, they shall also estimate and deterDamages to mine the extent of such injury and the damage that will accrue

to such owner by reason of such injury, which damage shall be Where de- deposited in the Farmers' Bank at Georgetown to the credit of

such owner, if he will not or cannot receive it before the said company shall occupy his lands and take the same for the improvement to be made by said company: Provided, however, That where any prong has already been laid out and made under

prior proceedings of any of the said companies consolidated by ars is to pro- this act, and also where any new prong or prongs shall be laid taxes to be out by the said commissioners under the authority given by this

act, the said commissioners shall determine and certify, as part and to the of their proceedings, what portion of the taxes to be hereafter

laid by the said consolidated company shall be applied towards keeping rapair prong the cleansing and scouring out the old or main ditch of the com

pany hereby created, and what in the making and thereafter

keeping in repair the said prong or prongs, and such certificate Conclusive. shall be conclusive. The said commissioners shall also make

out under their hands, or the hands of a majority of them, five ers of land. lists, containing the names of the owners of the low grounds inWhat to con- cluded in the said company's operations, the quantity of acres

owned by each, the valuation of the same and the cost of opening and making the ditches or drains for the improvement of the same, and they shall cause one of those lists to be hung up at each of the five most public places in the neighborhood of the said low grounds, with a notice thereon that they will sit as a

board of appeal at Gumboro', in Broad Creek hundred, at ten Where to sit. o'clock, on some day not less than ten days from the day of

giving said notice, to hear and determine appeals from said estimate of quantity, valuation, and cost, and they shall sit at that time and place and hear all appeals that may be then made

from their action, and determine upon the same, which determinaConclusive. tion, when made, shall be final and conclusive upon all parties.

When the said appeals shall have been heard and determined Notice of de- the said commissioners shall give notice of that fact in writing,

under their hands, or the hands of a majority of them, in like appointed to manner as is provided in this section with reference to the ap

peal notice, and shall therein name and appoint a day when the said company shall meet to commence operations under this act by the election of their officers and the transaction of the other business thereof. And the said company shall, on that day,

Where posted.

Board of appeal.

When.

For what purpose.

of appeal,

hich shall be the day of their first meeting, proceed with and

commence operations.

DITCH COMPANIES.

ers fees.

der of Sussex county

When.

To be re

evidence. Recorder, how paid.

When return

sessed.

perform the business provided to be transacted at its annual meetings. The fees of the said commissioners shall be three Commissiondollars each for every day's actual service performed by them under this act.

SECTION 4. And be it further enacted, That when the duties on Return of the part of said commissioners under this act have been fully ers to Recorperformed, the said commissioners shall make a record or return of their proceedings under their hands, or the hands of a majority of them, containing also the plot hereinbefore provided for, to the Recorder of Sussex county within one month from the time when their labors are completed, which recorder shall record the same in his office and then deliver the original to the aforesaid corded. company. The said original, and also the said record, or a duly Record to be certified copy thereof, shall be evidence. The recorder shall be paid by the said company for his services in recording said return and plot the usual fees for similar service. When the said return is so made and completed and delivered and recorded as afore-made, &c., said, the lands shown thereby shall be deemed and taken to be a to be under part of the territory under the control of the said company's company? operations, and the estimated value of the benefit per acre to be received by the several owners thereof shall be the basis upon upon what which thereafter the taxes to be laid by said company shall be to be asassessed and levied and collected out of said owners, not including the cost of opening and making the ditches or drains provi. ded for by the third section, which cost shall be collected when How cost of the expense is incurred, without any action by the said company, ditch.

. the determination of the said commissioners being and shall be held to be equivalent to an assessment of taxes by said company; and the treasurer shall collect the said cost and expense through Powers of the same powers as is provided with reference to the taxes laid collect cost. by said company.

SECTION 5. And be it further enacted, That whenever hereafter Owners of the owners of any low grounds bordering upon said river, and wishing to which lands have not had ditches or drains laid out through them by the aforesaid commissioners, shall wish to have such works, lands brought within the said company's works and ditched, they may, at their own expense, apply to the judge of the county by Judge of a petition for that purpose, and upon such application the said couõty. judge shall appoint three impartial freeholders of the county, not appointment owning or being in any wise interested in lands bordering upon ers. said river, who, qualifying themselves, and acting in all respects as provided in the third section hereof, may, if they deem proper,

To lay out lay out other ditches and drains to form part of said company's ditches. works, and make return thereof in like manner as before provi- Return. ded with reference to the commissioners named in said section,

ditches to be

connect with company's

Petition to

DITCH COMPANIES.

Effects of proceedings

ers,

how paid.

The costs of ditches, &c.,

no such ditches, &c., existed.

work on sarne.

which doings and proceedings, when performed and completed

as aforesaid, including the recording thereof by the recorder of freehold aforesaid, shall have the same force and effect as if the services

rendered by force of this section had been performed and done under the provisions of the aforesaid third and the fourth sections hereof; and all the provisions of said sections shall apply to the proceedings had under this section, and when done, shall have the same force and effect as if done under said section:

Provided however, That all expenses attending any proceedings Expenses, by virtue of this section shall be borne and paid by the parties

for whose benefit the same are incurred, and not by said company.

SECTION 6. And be it further enacted, That when in the course already cut,' of the performance of the duties imposed on the commissioners mated to ir appointed by the aforesaid third section hereof, a ditch or drain

shall be laid out at a place where any owners have already cut or opened a ditch or drain, the cost of the whole ditch or drain surveyed and plotted shall be estimated as if no such ditch or

drain so cut or opened existed; but the said company sball make Allowance an allowance to the owner or owners of such work, and the same to owners for shall be deducted from the taxes payable by him or them until

the said allowance is fully exhausted and paid thereby.

SECTION 7. And be it further enacted, That the said company, erecemopot in order the more thoroughly to drain and reclaim the low into Mary: grounds within their limits, shall have the power, and it shall be ditches, &e. their duty, with the consent of the owners of the lands lying

therein to be entered upon and used, to go into the State of Maryland and enter upon the lands in or along said river as low down as Evans' Crossing, and cut all such ditches and drains in said lands as shall be necessary to promote a thorough flowage

of the water down said river free from the obstructions that now Expenses, impede the course of the same, and defray the expense thereof

out of the common fund of said company. And further, the first work to be done by said company shall be, if consent as aforesaid be given, upon the said lands in Maryland, and afterwards upon the lands in this State nearest the same, and so always upwards and not downwards, so that there may be free and unobstructed flowage as the works progress, it being the true

intent and meaning of this act, and this General Assembly does Where work hereby enact, that the operations of said company shall commence to be com- and be undertaken first in Maryland (if consent be given as afore

said), and when the boundary line between that State and this has been reached, then in this State at said line, and afterwards continuously upwards until the whole work be completed. And further, when any prong of the main ditch of the company is

Commission

ed.

menced.

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