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Effects of


Expenses, how paid

The costs of ditches, &c.,

to be esti

no such ditchen, &c., existed.

Allowance to be made

work on samne.

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 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 inated us 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 shall make

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, erecemoppin order the more thoroughly to drain and reclaim the low joto Mary: grounds within their limits, shall have the power, and it shall be ditches, &c. 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 park hereby enact, that the operations of said company shall commence

and be undertaken first in Maryland (if consent be given as aforesaid), 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


to go

land to cat

how defrayed.

of company to be commenced



act to be void.

how elected.

reached in such progression of the work of drainage, it shall be lawful to commence work and continue to prosecute the same upon said prong until all necessary labor thereon is completed, Work upon the same order with reference to said work being observed upon a prong as upon the main ditch, that is, the work to commence at the lower end, and progress upwards until completion. And it is also hereby further enacted and provided that if actual operations by way of drainage be not begun under this act within if work not two years from the date hereof, this act shall become inopera- in two years tive and void, and all acts repealed hereby shall be thereupon revived and put in full force and effect.

SECTION 8. And be it further enacted, That the business of said company in cutting and making the new ditches and drains hereinbefore provided for, and in keeping the same well secured and cleaned, and also in the repair and cleansing of the ditches and drains hereby made part of the works of said company by this act of consolidation, shall be transacted by a board of managers, members of said company, to be elected by the owners or Board of members at their annual meetings, the day of holding which Manager shall be the first Saturday of June in each year, who shall have, when. for the purpose of enabling them fully to perform their duties, all the usual and accustomed powers vested in such officers or neces- Powers. sary to the discharge of their official functions. They shall keep, They shall and exhibit to the said company, or to any member thereof, at all exhibit actimes when required, a faithful account of asl their acts and proceed- &c., to comings, and a statement of all the expenses by them incurred, and of pany. the orders given by them on the treasurer of the company in payment of such expenses; and in order to ascertain and fix their number there shall be two of such managers for the main Number of ditch of said company, and one for each of the lateral or cross ditches or prongs, each acting within his sphere independently of the others.

SECTION 9. And be it further enacted, That the said company Treasurer, shall, at each annual meeting, elect one of their members to be their treasurer, who, before he enters upon the discharge of his duties, shall give bond, with surety to be approved by said com- Bond. pany or a committee of its members appointed at said meeting for that

purpose, in the penal sum of ten thousand dollars, with Amount of condition for the performance of all his duties as such treasurer with fidelity. His duties shall be the safe keeping and disburse- Duties. ment, upon the orders of the aforesaid managers, of all orders drawn by them for payment of expenses incurred in and about the business of said company, including their own per diem, which shall be two dollars for every day of actual service rendered by them, the keeping of proper accounts of all receipts


when elected.

Pay of com missioners.


of treasurer.

to col. lect taxes.

Treasurer ex-officio collector. Power.

When to
Shall exhibit


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cial bond.

and disbursements, and the payment over to his successor in office of all moneys in his hands when his term of service expires. He shall also pay all orders or drafts drawn by said company upon him, such payment and also all payments to be made by him to be of funds of the said company in his hands or to come into

his hands as such treasurer, after deducting his own commissions, Commissions which shall be five per cent. on all moneys which shall come into

his hands: Provided, however, That only one set of commissions

shall be allowed upon the same money: Provided, That in the From whom collection of taxes by said treasurer he shall collect first from

those whose lands are immediately affected by the operations of said company; that is: he shall collect from those below before he collects from those above within the bounds of said company. The said treasurer shall also ex-officio be the collector of the taxes laid by the said company, and for the purpose of such collection he shall have all the powers which by the laws of this State are vested in the collectors of county rates and levies. He shall

settle with the company at the annual meeting next after his apaccount of pointment, and also at all times when required by them shall exreceipts, &c.

hibit an account of his receipts and disbursements and the vouchwithin con: ers for the latter. The duties hereby imposed shall be within

the condition of his official bond as treasurer of said company.

SECTION 10. And be it further enacted, That the said company shall, at each annual meeting, determine what sum of money shall

, be raised to meet the current expenses of said company for the year thence next ensuing, and shall then determine from the pres

ent valuation of the lands lying upon the main ditch and upon Proportion any ditch (now maintained by a company) which leads into the

same, and also from the valuation of lands to be made under the determine a. provisions of this act, what proportion of said expenses shall be

borne and paid by each and every owner of lands within said company's limits, and shall certify and make known such their

determination, in the usual mode employed by other ditch comcollection.” panies, to the aforesaid treasurer, with a warrant thereto annexed

under the hand of the chairman of said meeting, and attested by Certificate the secretary, for the collection of such expenses, which certificate

shall be final and conclusive upon all parties.

SECTION 11. And be it further enacted, That at all meetings of said company

each person assessed for taxes shall be entitled to vote for each one vote for every dollar of taxes for which he has been assessed,

and he may deliver that vote in person or by proxy duly consti

tuted under his hand and seal. Expenses of SECTION 12. And be it further enacted, That all expenses at How paid. tending the drawing and passage of this act and putting the

Sum to be raised to meet current expenses, when determined.

owner of land, how

Certificate to treasurer.

Warrant for


Persons as. sessed epti tled to one




same in force, shall be borne and paid by the said company out of any funds in its possession.

SECTION 13. And be it further enacted, That this act shall be public act. deemed and taken to be a public act and shall be printed as such among the public statutes. SECTION 14. And be it further enacted, That all acts and parts Certain acts

repealed. of acts heretofore passed with reference to any of the lands embraced or to be embraced within the limits of the company hereby created be and the same hereby are repealed, made null and void.

SECTION 15. And be it further enacted, That in case a vacancy Vacancies, should occur in the aforesaid body of commissioners by death, removal from the county, or inability to serve, the Judge of the Superior Court resident in Sussex county shall have power to fill such vacancy.

SECTION 16. And be it further enacted, that the power to re- Revocation. voke this act is hereby reserved to the Legislature.

Passed at Dover, March 22, 1867.

how filled.



11 Vol. 672 ; 12 Vol. 74. SEC. 1. Future Elections.


Sec. 2. Sec. 1, Chap. 592, Vol. 11, amended.


A Supplement to the act entitled, An Act to incorporate the Duch Creek

Improvement Company."

11 Vol. 672. 12 Vol. 74,


SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (twothirds of each branch concurring), That in all future elections for Future elecManagers and Treasurer, and other meetings of marsh owners for the purpose of laying additional tax, as provided for in the act to which this is a supplement, it shall and may be lawful for each yoters. person owning five acres of marsh, or low ground, to have one vote, and for every additional ten acres owned by such person, which shall have been assessed, he or she may be entitled to an additional vote therefor.


Sec. 1, Chap. 692, Vol. 11 amended.

SECTION 2. And be it further enacted, That Section 1 of Chapter 592, Vol. 11 of Laws of Delaware, entitled "An Act to incorporate the Duck Creek Improvement Company,” be and the same is hereby amended by striking out the word “first,” in 8th line of said section, and inserting in lieu thereof the word “second ;" and further by striking out the words “at the tavern-house on Long Point,” occurring in line 10 of said section, and the following be and the same is hereby inserted in lieu thereof: "at Smyrna Hotel, owned by Tilghman Foxwell.”

Passed at Dover, February 20, 1867.




9 Vol. 352; 12 Vol. 307,
Sec. 1. New assessment authorized.

Sec, 2. New assessment to be the valuation for

the assessment of taxes for ten years. Re-establishment of original act.

9 Vol. 352. 12 Vol. 307.

An Act in Relation to The Jamison's Branch Company."

New assess ment authorized.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That a new assessment or appraisement of the lands enclosed within the scope of the operations, or benefited by the works of said company, is hereby ordered to be made, and Henry Pratt, William Virden and William Slaughter, are hereby appointed to make and return the same, as provided with reference to an. other appraisement ordered by the 2d Section of Chap. 288, of the Laws of this State, (12 Vol., page 308.)

SECTION 2. And be it further enacted, That the said new asthe valuko sessment or appraisement shall be the valuation upon which the tion for the taxes with which the aforesaid lands shall be chargeable shall be of taxes for assessed and levied for the space of ten years thereafter, and

generally all and every the provisions of the original charter of said company, and of any and all supplements thereof, or addi

tions thereto, except as the same are altered by this act, be and Re-estab- the same are hereby re-enacted, re-established and declared to be lishment of in full force, and shall have full operation and effect for the space

of twenty years from the date of the passage hereof.

New assess

to be

ten years,

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