Duty of Justice of

the Peace.

OF FISH, OYSTERS AND GAME.

SECTION 2. For any violation of Section 1 of this act it shall be the duty of any justice of the peace in this county, and the authority is hereby vested in him, to proceed according to the provisions set forth in the Revised Code, Chapter LV, Section 10.

Passed at Dover, April 30, 1891.

Unlawful to take or ship certain game out of the State.

CHAPTER 137.

OF FISH, OYSTERS AND GAME.

AN ACT to Protect Certain Game in this State.

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

SECTION I. That from and after the passage of this act it shall be unlawful for any person or persons to ship, take, or carry away, or attempt to ship, take, or carry out of this State any quail, partridge, robin, woodcock, Wilson or English snipe, or wild rabbit, dead or alive, for purposes of Unlawful for sale or otherwise. And it shall also be unlawful for any perdents to ship son who is a non-resident of this State to ship, take, or carry away, or attempt to ship, take, or carry away, any quail, partridge, robin, woodcock, Wilson or English snipe, or wild rabbit, dead or alive, from one county to another county in this State, for the purposes of sale or otherwise.

non-resi.

or take cer

tain game

from one

county to another.

Violation of

If any person shall ship, take, or carry away, or attempt Section 1. to ship, take, or carry away, any birds or animals named in this act out of this State, or from one county to another county in this State, contrary to the provisions of this act, he shall be deemed guilty of a common nuisance, and upon conviction thereof before any justice of the peace in this State shall be fined five dollars for each and every bird or animal so shipped or taken or carried away, or so attempted to be shipped, or taken or carried away contrary to the provisions of this act, and upon failure to pay said fine and the costs of prosecution he shall be committed to the jail of the county in which such offense occurred for the period of thirty

Penalty.

OF DITCHES.

whom paid.

days, unless said fine and costs be sooner paid; one half said Fines, to fine shall be paid into the treasury of the county, and the other half to the informer.

SECTION 2. All acts or parts of acts inconsistent herewith are hereby repealed and inade null and void.

Passed at Dover, April 20, 1891.

CHAPTER 138.

OF DITCHES.

AN ACT to amend Chapter 444, Volume 13, Laws of Delaware.

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

of Volume 13

holding

SECTION I. That Chapter 444, of Volume 13, of the Chapter 444 Laws of Delaware, be and the same is hereby amended by amended. striking out all that part of Section 7, between the word "meeting," in the eighth line thereof, and the word "the" before the letters "P. M." in the fifteenth line thereof, and inserting in lieu the following, to wit: The taxables shall at this meeting determine the place for holding stated meet- Place of ings thereafter, which shall be held on the first Saturday stated meetof March in each and every year, at one o'clock, P. M. It ings. shall be the duty of the managers to give notice of the Notice. annual meetings by written or printed handbills, to be signed by them, and of the day, hour and place of holding such meeting, posted in four or more of the most public places in the neighborhood of the ditch, six days before such meeting; and if they shall neglect this duty each shall for- Neglect to feit and pay to the taxables for the use of the ditch ten give notice, dollars, to be recovered in an action in the name of the taxables of hundred, before a justice of the peace. If the managers shall die or move from the county it shall be the duty of the treasurer of the Notice by ditch to give the notice under the same penalty. The failure Treasurer. to give the notice shall not make the acts of the meeting give notice. invalid.

ditch, in

penalty.

Failure to

In case of neglect to

who to call

meeting.

OF DITCHES.

SECTION 2. That it shall be lawful for any two or more give notice, taxables of any ditch in Sussex county, when the managers or treasurer of such ditch neglected or refused to call a meeting and convene the taxables on the first Saturday of March last past, as required by law, to call a meeting of the taxables of such ditch, to be held at the usual place of meeting on the first Saturday of June next ensuing the passage of this act, by giving notice thereof by written or printed handbills, to be signed by them, stating in the notice the day, hour and place of such meeting, posted in ten or more. of the most public places in the neighborhood of such Power of ditch, six days before the meeting. The taxables at this meeting shall have power to settle with the holding over managers and treasurer; to elect new managers and treasurer to serve until the first day of March, A. D. 1892; to determine upon assessments; and generally to do and perform all and every such matters and things as they might at a regular annual meeting. The term of office of the holding over managers and treasurer shall cease and determine upon the election of their successors, who shall have all the powers and privileges, respectively, and shall perform all the duties of managers and treasurer required of them respectively under the ditch laws of this State.

taxables.

Term of office of

holding over

Passed at Dover, May 15, 1891.

Morgan's
Branch

CHAPTER 139.

OF DITCHES.

AN ACT for the Improvement of Morgan's Branch in Kent County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (twothirds of each branch of the Legislature concurring therein):

SECTION I. That the owners of the low grounds, marsh Bitch Com- and cripple situated upon and contiguous to and draining pany incor- into Morgan's branch in Kent county, State of Delaware, shall be a body, politic and corporate, by the name of "Morgan's Branch Ditch Company," and by that name shall be able to sue and be sued, plead and be impleaded in any court

porated.

OF DITCHES,

of law or equity in this State or elsewhere, and shall have, possess and enjoy all the rights, incidents, privileges, liberties, franchises and immunities common to such corporations for the purpose of the more effectually draining, ditching and re- Purpose. claiming the said low lands or grounds, marsh and cripple and straightening the ditch and course of said Morgan's branch. They may have and use a common seal.

Common

seal.

sioners.

return.

SECTION 2. That George A. Millington, Thomas C. Roe, Commis William Dyer, Andrew Slaughter and Robert H. Skinner be and they are hereby appointed commissioners, who shall view the said low grounds, marsh and cripple, and shall lay Duty and out a ditch, commencing at a stone, corner for lands of the powers, heirs of William Parvis, lands of Andrew Slaughter and lands of William Dyer; thence down said branch to its intersection with Little Creek. They may take with them a surveyor. Surveyor. They shall make out a plot and return showing the dimen- Plot and sions, courses and distances of the ditch and straightening of said branch. They shall show by general delineation, without survey, the low grounds, marsh and cripple of each taxable's portion thereof of any land benefited, and the estimated Valuation. number of acres and the value or amount each acre is benefited. The plot and return shall be filed in the office of the Plot and reRecorder of Deeds in and for Kent county and shall be re- Recorder's corded by said Recorder in his office. The commissioners office. shall, in said return, state the amount necessary for cutting said ditch and straightening said branch, and the amount so fixed by them for cutting said ditch and straightening said Estimate of branch, and in addition thereto the costs and expenses incident thereto in procuring this act and the laying out the said ditching. ditch and straightening said branch, and all expenses incurred under and in pursuance of this act shall be the sum assessed, Assessment levied and collected the first year in which said commissioners tion of taxes shall perform their duties prescribed by this act. The sum or amount subsequently to be assessed, levied and collected Subsequent shall be fixed at the annual meeting by a majority of the votes cast at such meeting.

turn filed in

amount nec

essary to do

and collec

assessment.

The commissioners and surveyor, if any surveyor shall Oaths. be chosen, shall be sworn or affirmed to the faithful and impartial performance of their duty. All the commissioners Commismust go upon the said low grounds, but a majority may sioners to go decide any matter and perforin any duty required of them grounds, etc. under this act.

upon low

Vacancies.

Damages.

Damages

awarded to

persons liv

ing out of

the county

or minor.

OF DITCHES.

In case of a vacancy occurring in the commissioners by refusal to act, or by death, resignation or otherwise, the others or other of them may fill the vacancy or vacancies.

SECTION 3. If any person shall be injured by making of said ditch or straightening said branch, the commissioners shall award damages to such persons, taking into consideration the advantages and disadvantages, and the same shall be paid or tendered before cutting the ditch or straightening said branch. If any person to whom damages shall be awarded resides out of the county, or shall be a minor, then said damages shall be deposited to the credit of such nonresident or minor in the Farmers' Bank at Dover. All persons who will be benefited by said ditch or straightening Who liable said.branch shall be liable to contribute to the cost of making such ditch and straightening said branch, the damages awarded, the expenses of the proceedings and recording the same and all costs and expenses incident thereto. The valuation of benefits fixed by the commissioners and estimated number of acres and the valuation of each acre shall be and form the basis of assessment and levy of taxes.

to taxation.

Valuation

and assessment.

Appeals.

Notice of appeals.

Commis

sioners to

SECTION 4. The commissioners shall fix a day for hearing appeals. Notice of the time and place shall be posted in at least three public places in the neighborhood, five days at least before the day for hearing appeals. The commissioners hear and de- shall hear and determine all appeals and may alter or change any valuation of benefits, either in number of acres or value of benefits per acre, by increasing or diminishing the valuaAppeals to tion of benefits or number of acres. All appeals shall be in writing.

termine

appeals.

be in writing

Ditch crossing roads.

SECTION 5. If any public road shall be crossed by such ditch cut or made under the provisions of this act the Bridges and bridges and causeways leading to any such bridges shall be kept up at the public charge of Kent county as they are now kept up and repaired.

causeways,

etc.

Election of managers.

Term of

office.

Notice.

SECTION 6. The commissioners shall, within ten days from the making their return to the Recorder, convene the persons liable to contribute by taxation to the costs and expenses incident thereto, for the purpose of choosing two managers and a treasurer of the company to serve until the next annual meeting after the time they are chosen and until their successors are duly chosen. Notice of the time and place of this meeting shall be posted in at least three