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DITCH COMPANIES.

of act.

may be offered, nor shall any vote by proxy be received unless such proxy shall have been created within ninety days next preceding that on which such vote shall be tendered.

SECTION 7. And be it enacted, That this act shall take effect Acceptance from its acceptance by the stockholders of the Chesapeake and Delaware Canal Company, at the next general meeting of stockholders of the company, which acceptance shall be certified to the Governor of this State under the corporate seal of the company.

Passed at Dover, January 31, 1867. .

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Current Vol.

78.

.

1

An Act to revive and amend the act entitled, “An Act to incorporate the 12 Vol. 285,

Green Branch Ditch Company,passed at Dover, February 18, 1863, 414.
as amended by the acts passed at Dover respectively, January 28, 1864,
and January 30, 1866.

SECTION 1. Be it enacted by the Senate and House of Represen- Original acts tatives of the State of Delaware in General Assembly met, (two- revived. thirds of each branch of the Legislature concurring herein,) That the act entitled, "An act to incorporate the Green Branch Ditch Company," passed at Dover, February 18, 1863, as amended by the several acts passed at Dover respectively, January 28, 1864, and January 30, 1866, be and the same is hereby revived; and

SECTION 2. And be it further enacted by the authority aforesaid, act amended That the names of John M. Voshell and Tilghman Foxwell, in-how. the first and second lines of Section 2 of said act, be stricken out, and the names of Ayers H. Stockley and Enoch Spruance be inserted in lieu thereof; and that the figure 6, in the second line of Section 5 of the said act, be stricken out, and the figure 8 be inserted in lieu thereof.

Passed at Dover, January 31, 1867.

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DITCH COMPANIES.

CHAPTER 195.

POKOMOKE RIVER IMPROVEMENT COMPANY.

Sec, 1. All the companies for the reclamation Sec. 5. Effects of proceedings of freebolders. of low lands on Pokomoke river con

Expenses.
solidated.

How paid.
Incorporation,

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

be estimated as if no such ditches, &c., Certain owners of low lands not em.

existed. braced within the limits of said com.

Allowance to be made to owners for pany.

work on same. 2. Purposes of said company.

7. Commissioners empowered to go into 3. Commissioners appointed.

Maryland to cut ditches, &c.
Oath.

Expenses.
To lay out ditches.

How defrayed.
Employ surveyor and chain carriers.

Where work of company to be com-
Survey line of ditches.

menced
Plots.

Work upon prongs.
Assessment.

If work not commenced in two years
Damages to owners.

act to be void.
Where deposited.

S. Board of managers.
Proviso.

How elected
Certificate of commissioners as to pro-

When.
portion of taxes to be applied to

Powers. cleansing main ditch and to making

Shall exbibit account of acts, &c., to comand keeping in repair prong or prongs.

раду.
Conclusive.

Number of managers.
Lists of owners of land.

9. Treasurer.
What to contain.

When elected.
Where posted.

Bond,
Board of appeal.

Amount of
Where to sit.

Duties,
When.

Pay of commissioners.
For what purpose.

Commissions of Treasurer,
Conclusive.

From whom first to collect taxes.
Notice of determination of appeal and

Treasurer ex officio collector of taxes of of day appointed to commence opera

company.
tious.

Powers.
Commissioners' fees.

When to settle.
4. Return of commissiopers to Recorder of

Whenever required shall exhibit acSussex county.

counts of receipts, &c. When.

Duties within condition of official bond. To be recorded.

10. Sum to be raised to meet current exWhere.

penses, when determined. Return and record ou copy of record to

Proportion of each owner of land
be evidence.

How determined.
Recorder, how paid and what fees.

Certificate to treasurer.
When returns made &c., land deemed

Warrant for collection.
to be under control of company.

Certificate conclusive.
Upon what basis taxes to be assessed. 11. Persons assessed entitled to one vote for
How cost of opening ditches to be paid.

each dollar of tax.
Powers of treasurer to collect cost.

Proxy. 3. Owners of land wishing to connect with 12. Expenses of this act to be paid by com. company's works.

pany.
Petition to Judge of county.

Public act.
Appointment of freeholders.

Certain acts repealed.
To lay out ditches.

Vacancies, bow filled.
Return.

Revocation.

All the com. panies for

An Act to Incorporate the Pokomoke River Improvement Company.

SECTION 1. Be it enacted by the Senate and House of Represenha 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

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

solidated.

DITCH COMPANIES.

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owners of low lands

ed within

also the owners of all lands or low grounds benefited or to be bene-
fited 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 reliev-
ing the low lands bordering upon said river and formed by allu-
vial deposit near the same, be and they are hereby incorporated Incorpora-
and made a body politic and corporate in law and in fact, with tion.
all the usual and necessary powers of like improvement com-
panies, 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 succes-
sion for the period of twenty years from the passage hereof, ex-
cept 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 werd af
within the limits or operations of said company except for the watembirac-
single 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 ex-
penses 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 ers 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.

cleansing main ditch and to mak. ing and keeping in

or prongs.

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

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

laid by the said consolidated company shall be applied towards repair 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 concluded 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 determina

, Conclusive. 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, of appeal, 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,

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

Lists of own

Where posted.

a

Board of

.

When.

For what purpose.

coinmence operations.

DITCH COMPANIES.

ers fees.

commission ers to Recorder of Sussex county.

a

When.

evidence.

When return

control of

.

basis

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 performed, 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 herein before provided for, to the Recorder of Sussex county within one month from the time wben their labors are completed, which recorder shall record to be rethe 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 Recorder, paid by the said company for his services in recording said return how paid. 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 includ. ing the cost of opening and making the ditches or drains provi. ded for by the third section, which cost shall be collected when open cost of the expense is incurred, without any action by the said company, watch 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 company's 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 county. judge shall appoint three impartial freeholders of the county, not apprentenant owning or being in any wise interested in lands bordering upon said river, who, qualifying themselves, and acting in all respects as provided in the third section hereof, may, if they deem proper, 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- Retorn. ded with reference to the commissioners named in said section,

opening ditches to be paid.

connect with

.

Petition to

of freehold ers.

To lay out

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