OF DITCHES.

with ten per cent. additional, as like amounts are recoverable by law. In case a ditch or ditches shall be upon the dividing line between two or more persons, the same proceedings Dividing shall be applicable as herein provided in this section for cutting ditches through the lands of other persons.

line ditch.

poration.

SECTION 14. In case of failure to call the annual meet- Failure to call meeting ings, or to do and perform any act or thing required by this act, not to disthe corporation created by this act shall not be dissolved, but solve corany three members of said company may call an annual meeting or special meeting, at which meeting all acts or things may be done that could have been done at any annual meeting called by the managers.

SECTION 15. This act shall be deemed and taken to be a public act and shall be published with the laws of this State, and the act as published shall be evidence in all matters and in all courts of law and equity in this State or elsewhere.

Passed at Dover, March 17, 1891.

CHAPTER 143.

OF DITCHES.

AN ACT to incorporate the Derickson's Millpond Branch Ditch Company. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch concurring therein):

Branch

pany incor

SECTION I. That the owners and possessors of certain Derickson's swamp and low lands situate, lying and being in Baltimore Millpond hundred, Sussex county and State of Delaware, known as Ditch Comthe low lands of Derickson's Millpond Branch, shall com- porated. pose a company to be called the Derickson's Millpond Branch Ditch Company.

SECTION 2. That the taxables on said ditch shall hold a Annual meeting on the second Saturday of May next, at one o'clock meeting P. M., and on the second Saturday of May in every year place.

time and

officers.

Votes.

Notice of meeting.

Term of office of Treasurer and managers.

OF DITCHES.

thereafter, at one o'clock P. M., at the storehouse now owned by Elisha C. Dukes, at Millville, in said county, or at such other place as said company shall determine by a resolution to be adopted at any annual meeting of said company, at which annual meetings said company shall choose, Election of by ballot and a plurality of the voters present, one treasurer and two managers for said corporation, and may do and determine all such matters and things as the said company may deem requisite for effectually draining and reclaiming the low grounds. Each taxable present shall be entitled to vote, as each is liable to contribute, that is to say, each taxable shall be entitled to one vote for each and every dollar of tax paid by him or her. Said meeting shall be called by at least five days' written notice, signed by either of the managers, or treasurer, or incorporators, and posted in five or more of the most public places in the neighborhood of the lands drained or benefited by said ditch. The said treasurer and managers so elected shall serve in office for one year and until their successors are duly elected and qualified. The annual meetings of the said taxables or corporators may be Occasional adjourned from time to time, and occasional or stated meetings may be called from time to time by the managers for the time being, or the survivor, if either be dead, by giving notice as required for the annual stated meetings; and if the managers and treasurer shall not all or any of them be chosen at the stated annual meeting in any year, or if any manager or treasurer die, resign, refuse or neglect to act, Vacancies. vacancies thus happening may be filled at an adjourned or occasional meeting by ballot and plurality of votes, as aforesaid, and all the managers and treasurers elected under this act shall continue in office until the annual meeting next succeeding their election, and until successors be duly chosen, except that if any manager or treasurer shall, after his election, remove from the neighborhood of such lands drained or benefited by said ditch, the said company may at any of its meetings declare the place of such manager or treasurer vacant and elect another in his place.

or adjourned meetings.

Duty of managers.

SECTION 3. That the managers chosen as aforesaid shall proceed to make and open said ditch or to cleanse the same, as may be necessary, and shall have all needful powers for that purpose. They shall keep regular accounts of their expenditures and shall render the same to the yearly meetPayment of ings of the taxables, and payments shall be made by orders drawn by them on the treasurer. Any person assessed for

Accounts

taxes.

OF DITCHES.

a tax may discharge the same by work done under the direction of the managers, and their certificates shall be received by the treasurer in payment of the tax.

collect

taxes, etc.

SECTION 4. That the treasurer shall collect all sums as- Treasurer to sessed as aforesaid, and shall have the same power herein as a collector of county taxes. He shall give bond to the tax- Bond of ables, with surety, to be approved by the managers, in double Treasurer. the amount of the assessment which he may be authorized to collect, conditioned for the faithful performance of his duty and for the payment to his successor of any money due from him, to which said bond and condition shall be annexed a warrant or power of attorney to confess judgment thereon in the usual form, and if the person so appointed treasurer shall neglect or refuse to give bond as aforesaid within thirty days Refusal or next after his appointment, the said managers may there- give bond. upon appoint another treasurer, who shall in like manner give bond as aforesaid, and so on until a treasurer be appointed who shall give bond and security as hereinbefore provided. He shall settle with the taxables at their annual Annual meeting and shall be entitled to retain five per cent. on the Compensaamount received as compensation.

neglect to

settlement.

tion.

of ditch,

SECTION 5. That said ditch so opened shall remain open Obstruction for the benefit of those liable to contribute therefor, and if penalty. any person shall obstruct or stop up such ditch, cut under this act, he shall forfeit and pay to the treasurer, for the use of the ditch company, not less than twenty nor more than one hundred dollars.

obstruction.

SECTION 6. That it shall be lawful for any person who Removal of may be a taxable or interested in said ditch, either by themselves or by such other persons as they may employ, to enter upon the lands of any person through which said ditch may pass, and remove any obstruction or obstructions of whatever nature or kind the obstruction may be which may exist in said ditch, so that the water may pass freely through the same, and if any person or persons through whose lands said Hindering ditch may pass should hinder or prevent any person or per- of obstrucsons so interested as aforesaid from entering upon said lands tions. to remove any obstructions which may exist in said ditch, such person or persons so hindering or preventing the removal of such obstructions shall forfeit and pay the sum of one hundred dollars, beside the costs of suit, to be sued for and recovered by any of the taxables of said ditch before. any justice of the peace in and for Sussex county.

the removal

Fine.

Commissioners to

make new

OF DITCHES.

SECTION 7. Be it further enacted, That the taxables and incorporators shall have the privilege and power, at any of assessment. their annual stated meetings, by giving legal notice as above directed, to appoint three commissioners, by a plurality of votes as above directed, whose duties shall be to make a new levy of taxes, and shall have the power invested in them to call to their assistance a skillful surveyor to make such survey and plots as may be deemed necessary for the fulfillment Compensa of their duties. The said commissioners shall have for each missioners, day spent in the service the sum of one dollar and fifty cents, Managers and to the managers for each day actually spent in the dis

tion of Com

and Sur

veyor.

charge of his duties, one dollar, and to the surveyor a reasonable compensation for the services, rendered. Áll costs and charges to be payable by and collectable from the treasurer out of the funds in his hands.

Passed at Dover, April 14, 1891.

St. Georges
Branch
Ditch
Company.

Annual meeting, time and place of holding.

CHAPTER 144.

OF DITCHES.

AN ACT to incorporate the St. Georges Branch Ditch Company.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of each branch concurring therein):

SECTION I. That the owuers and possessors of certain swamp and low lands, situate, lying and being in Baltimore hundred, Sussex county, and State of Delaware, known as the low lands of St. Georges Branch, shall compose a company to be called the St. Georges Branch Ditch Company.

SECTION 2. That the taxables on said ditch shall hold a meeting on the last Saturday of April next, at one o'clock P. M., and on the last Saturday of April, at one o'clock P. M., every year thereafter, at the storehouse now occupied and owned by Charles S. Richards, in Baltimore hundred, Sussex county, or at such other place as said company shall determine by a resolution to be adopted at an annual meeting of said company, at which annual meetings said com

OF DITCHES.

officers and

ness.

titled to vote

office.

or occa

pany shall choose by ballot and a plurality of votes present, Election of one treasurer and two managers for said corporation, and other busimay do and determine all such matters and transact such business as the said company may deem requisite for effectual draining and reclaiming the low grounds. Each taxable pres- Who enent shall be entitled to vote as each is liable to contribute, that is to say, each taxable shall be entitled to one vote for each and every dollar of tax paid by him or her. Said meet- Notice of ing shall be called by at least five days' written notice, meeting. signed by either of the managers or the treasurer, and posted in five or more of the most public places in the neighborhood of the lands drained or benefited by said ditch. The Terms of said treasurer and managers so elected shall serve in office for one year, and until their successors are duly elected and qualified. The annual meeting of the said taxables or corporators may be adjourned from time to time, and occasional Adjourned or stated meetings may be called from time to time by the sional meetmanagers for the time being, or the survivor, if either be ings, etc. dead, by giving notice as required for the annual stated meeting; and if the managers and treasurer shall not all or any of them be chosen at the stated annual meeting in any year, or if any manager or treasurer die, resign, refuse or neglect to act, vacancies thus happening may be filled at Vacancies. an adjourned occasional meeting, by ballot and plurality of votes, as aforesaid, and all the managers and treasurers elected under this act shall continue in office until the annual meeting next succeeding their election, and until their successors be duly chosen, except that if any manager or treasurer shall after his election remove from the neighborhood of such lands, drained or benefited by said ditch, the said company may at any of its meetings declare the place of such manager or treasurer vacant and elect another in his place.

duty of.

SECTION 3. That the managers chosen as aforesaid shall Managers, proceed to make and open said ditch or to cleanse the same, as may be necessary, and shall have all needful power for that purpose. They shall keep regular accounts of their Expendi expenditures and shall render the same to the yearly meeting of the taxables, and all payments shall be made by orders Payments, drawn by them on the treasurer.

tures.

how made.

taxes.

Any person assessed for a tax may discharge the same Work in by work done under the direction of the managers, and their payment of certificates shall be received by the treasurer in payment of the tax.