Treasurer to collect taxes Bond of OF DITCHES. SECTION 4. That the treasurer shall collect all sums assessed as aforesaid and shall have the same power herein as a collector of county taxes. He shall give bond to the taxables, with surety, to be approved by the managers, in double the amount of the assessment which he may be authorized to collect, conditional 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 Vacancies in neglect or refuse to give bond as aforesaid within thirty days next after his appointment, the said managers may thereupon 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. Settlement He shall settle with the taxables at their annual meeting, of Treasurer and shall be entitled to retain five per cent. on the amount received as compensation. office of Treasurer. Obstruction of ditch. Fine. Lawful for any taxable to remove obstructions from remov. SECTION 5. That said ditch so opened shall remain open for the benefit of those liable to contribute therefor, and if 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. SECTION 6. That it shall be lawful for any person who may be a taxable or interested in said ditch, either by themselves or by such other person 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 Prevention Same. And if any person or persons, through whose lands ing obstruc- Said ditch may pass, should hinder or prevent any person or persons so interested as aforesaid from entering upon said lands to remove any obstructions which may exist in said ditch, such person or persons so hindering or preventing the removal of such obstructions which may exist in said ditch, such person or persons shall forfeit and pay the sum of one hundred dollars, besides 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. tions. Fine. SECTION 7. Be it further enacted, That the taxables and OF DITCHES. sioners to make new assessment. incorporators shall have the privilege and power, at any of their annual stated meetings, by giving legal notice as above directed, to appoint three commissioners, by a plurality of Commis all the votes present as above directed, whose duties shall be to make a new assessment 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 of their duties. The said commissioners shall have as compensation for their services the sum of one Compensadollar and fifty cents for each day's services, and the said missioners, managers shall have the sum of one dollar for each day actually spent in the discharge of his duties, and to the surveyors. veyor a reasonable compensation for the services rendered. All cost and charges to be payable by and collectable from Cost or exthe treasurer out of the funds in his hands. Passed at Dover, April 14, 1891. tion of Com Managers penses, payable by whom. CHAPTER 145. OF DITCHES.. AN ACT to Revive, Re-enact and Amend an act entitled "An act to Incorporate the Mispillion and Beaver Dam Branch Draining Company, and for other purposes." re-enacted 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) as follows: SECTION I. That the act entitled "An act to incorporate Act revived, the Mispillion and Beaver Dam Branch Draining Company, and and for other purposes," passed at Dover, March 3d, 1869, amended. be and the same is hereby revived, re-enacted and amended; provided that each and every taxable shall have one vote for Proviso. each and every dollar or fractional part of a dollar so taxed. stricken out and supplied SECTION 2. That the names of William H. Powell and Names Alexander Johnson, wherever they occur in said act, be stricken out and the names of Robert H. Smith and Louder L. Sapp be inserted in lieu thereof. SECTION 3. OF DITCHES. That the words "the house of Daniel Hill,” in the tenth line of the enrolled bill, be stricken out and the words "the schoolhouse, known as Powell's schoolhouse," inserted in lieu thereof. SECTION 4. That the commissioners shall call a meeting of the owners of the low lands embraced in the act hereby revived and re-enacted on the third Monday of May, A. D. 1891, and every year thereafter. The annual meeting shall be held at the time provided for in the said act hereby amended. SECTION 5. That the said commissioners shall have power to extend the ditch or ditches authorized by said act as they may deem necessary to drain said low lands, and make the necessary certificate, plots, assessments and valuations of said low lands through which such extension may run. SECTION 6. This act shall be deemed and taken to be a public act and shall be published as such. Passed at Dover, April 14, 1891. South Prong porated. CHAPTER 146. OF DITCHES. AN ACT to Incorporate the South Prong Ditch Company. 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): SECTION I. That the owners of the marsh and low grounds pany incor- lying upon and contiguous to the south prong of Brown's branch in Mispillion hundred in Kent county and the State of Delaware, shall compose a company, to be called the "South Prong Ditch Company," for the purpose of effectually ditching and draining the said marsh and low grounds. Commis sioners, duty of, etc. SECTION 2. That Clement A. Harrington, Alexander Harrington and Louder L. Sapp be and they are hereby OF DITCHES. ditch. appointed commissioners, who shall go upon and view the said marsh and low gronnds and lay out such ditch or ditches they may deem necessary for the purpose of draining the same. The main ditch shall commence at the head of Beniah Location of Tharp's millpond, formerly known as "Thistlewood's millpond," on the main branch, known as "Brown's Branch," below the west and south prong of Brown's branch, between lands of David Harrington and lands of John W. Rickards; thence up said branch to the west and south prong of said branch; thence with the main run of the south prong of Brown's branch, between lands of John W. Rickards and Wm. C. Quillen, upon the one side, and Thos. H. Dorman upon the other side; between lands of William H. Dickerson and lands of Henrietta Morris; between lands of Mrs. Annie Smith, John Barlow and Aaron B. Barlow upon the one side and lands of John Franklin upon the other side; between lands of Emory Scotton and Mary Poor on the one side and Moses Harrington on the other side; by or through lands of Amos Cole; between lands of Nathan Harrington upon the one side and Mrs. S. A. Williams upon the other side; and on or near the line between lands of said Nathan Harrington and lands Mary A. Powell, and upon lands of George A. Laws to a point on his lands, as the said commissioners may deem best. The said commissioners shall have power to lay out any lateral ditch or ditches which they or a majority of them Lateral ditch may deem necessary to complete the drainage of any low grounds adjacent or contiguous to the said South Prong Ditch. return. If they deem it necessary they may take with them a sur- Surveyor. veyor. They shall make out a plot and return, showing the Plot and dimensions, courses and distances of the ditch or ditches, and by general delineations without survey the boundary lines of the low grounds, and of each taxable's portion thereof, or of any land benefited, and the estimated number of acres. turn to be The said plot and return shall be lodged in the Recorder's Plot and reoffice in and for said county, and be by him recorded. The recorded. commissioners and surveyor, if any be chosen, shall, before Oath of entering upon the duties of their office, be sworn or affirmed Commis to faithfully and impartially discharge the same. All the Surveyor. commissioners must act, but a majority may decide any matter. sioners and In case of a vacancy occurring in the commis- Vacancies. sioners by death, resignation or refusal to act or otherwise, the others or other may fill such vacancy or vacancies. Award of damages. OF DITCHES. SECTION 3. That if any person shall be injured by the making of any such ditch or ditches, the commissioners shall award such person damages to the amount of such injury, and the same shall be paid or tendered before cutting Who to pay the ditch or ditches. All persons who will be benefited by such ditch or ditches shall be liable to contribute to the cost of making the same and to the damages awarded, and the expenses of the proceeding and the recording of the same, and also the costs of preparing and obtaining the passage of this act. damages. Apportion ment. Return of Commissioners. The commissioners shall determine who will be benefited, and shall apportion the said costs, damages and expenses upon them, according to such benefit. SECTION 4. That the commissioners shall, as soon after the passage of this act as convenient, make a return to the Recorder of Deeds in and for Kent county, and within ten days thereafter convene the persons liable to contribute to Election of any ditch embraced therein for the purpose of electing two managers and a treasurer of the company for one year, or until others shall be chosen. Notice of the time and place of this meeting shall be posted in at least three public places in the neighborhood, five days at least before the meeting. officers, etc. Notice. Annual meeting. to vote. The managers shall annually thereafter, in the same manner, call a meeting for the same purpose on the second SaturWho entitled day in May, at Harrington, in Kent county. At all meetings the taxables shall be entitled to cast one vote for every dollar of tax, or fractional part thereof, paid by them respectively. Every absent taxable may vote by proxy, regularly constituted. Proxy. Return of sioners, how main in force New assessment. SECTION 5. That the return made by the commissioners shall remain in force for five years thereafter, as the basis of any subsequent assessment that may be made by the managers for completing, cleansing, or repairing the ditch or ditches, or other necessary purposes. After five years a new assessment may be had, by application of three or more taxables to any judge of the State, or to the Chancellor, who is hereby authorized to appoint three commissioners to make said new assessment. Said new assessment, when made, new assess shall be returned and recorded as the original return, and shall stand as the basis of assessment for five years and until another assessment shall in like manner be made. Return of ment. |