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Return of

levy.

Treasurer

to collect tax

Commission

of Treas

Proviso.

OF DITCHES.

the proportionate amount of tax due from each member of the company. The said levy shall be returned to the treasurer of the company, whose duty it shall be to collect the taxes and rates therein enumerated, and for this purpose he shall have all the powers granted by law to collectors of county rates.

The treasurer shall receive for collecting taxes ten per urer for col- centum of the amount of all taxes assessed without allowance lecting. for delinquents; provided, however, that before said treasurer shall enter upon his duties as collector he shall give bond in double the amount of all the taxes to be collected to the "Tidberry Branch Ditch Company," conditioned for the proper application or return of all moneys which shall come into his hands as treasurer or collector of said company. All taxes which shall remain unpaid after the expiration of one year from the date of their levy shall be increased by the addition of ten per cent. per annum until the same are paid, and the treasurer shall make a detailed statement of from whom such per cent. has been received, and shall present the same, with his accounts and vouchers, to the auditors hereinafter provided for.

Unpaid taxes.

Penalty.

Powers of
Managers.

Proviso.

SECTION 8. The managers shall have all the powers necessary to carry this act into effect, and to this end they may go upon any lands adjacent to any ditch now cut and may deepen, widen, or straighten such ditch, may remove fences, or may fence temporarily, and throw, haul, or place on any land adjacent to the ditches of the company any dirt, sand or gravel, log or logs, or rubbish, which may be neces sary to be removed out of any ditches in deepening, widening or straightening the same; and may cut any tree, sapling or bramble that may be likely to obstruct said ditch, and may place anything so removed on any lands adjacent thereto. The managers shall have power to employ any necessary help for working said ditches and to fix the compensation for the same (unless said compensation be determined by vote at an annual meeting); provided, however, that in hiring or procuring help, the persons who are taxables under this act shall be first preferred, and to this end, it shall be the duty of the managers to give proper notice to the said taxables whenever any work is to be performed upon the ditches of this

company.

Supplemen- SECTION 9. All suppplemental appraisements shall be made by three freeholders of Kent county (not members

tal appraise

ments.

OF DITCHES.

of the company) who shall be appointed by the members of the company by a majority vote. Such appraisment, when made, shall not be changed until the next ensuing annual meeting of the company.

of apprais.

ments.

The freeholders aforesaid shall make or cause to be inade Certificates certificates of the appraisement and a plot, and return the same for record to the Recorder of Deeds and the secretary of the company, respectively, as is provided for the return of certificates in Section 3 of this act.

SECTION IO. The secretary shall record the appraise- Duties of ments and duplicate lists from which the treasurer collects Secretary. the taxes due the company, and shall keep the correct proceedings of all meetings held by the company, which shall be signed by the chairman and attested by the secretary, and by the secretary recorded in the books of the company. He shall record all papers which by this act are required to be recorded in the books of the company. He shall have the custody of and keep safely the bonds of the treasurer and all other papers or effects belonging to the company, and shall record all of the same in books of the company.

bonds, etc.

In case of the loss or destruction of any original bond the Loss of secretary's record shall be evidence of the contents of such bond so lost or destroyed, and may be sued upon as if it were the original.

duty of

The secretary shall deliver to his successor in office, within Further ten days after the expiration of his term of office, all books Secretary. and papers in his possession and belonging to the company. He shall receive for his services such compensation as shall Compensabe fixed by the meeting at which he is elected, but if he shall neglect or refuse to perform the duties required of him under this act he shall forfeit the compensation allowed him.

tion.

Secretary.

The managers may at any time, for sufficient cause, re- Removal of move the secretary and appoint another in his stead, to serve until his successor is duly elected and qualified.

SECTION II. That if any person shall willfully fill up or Obstructions obstruct any ditch, drain, or prong, or outlet of the said company, or shall impede the course of the water running. down the same, he shall pay to the company the sum of one Fine. hundred dollars, to be recovered by suit in the name of the company before any justice of the peace in Kent county.

Survey.

Auditors and auditing of

accounts.

Compensations.

Compensation of

OF DITCHES.

SECTION 12. The commissioners heretofore named in this act may employ a skillful surveyor to make a survey and plot of all drains and ditches laid out and agreed upon by them.

SECTION 13. There shall be two auditors appointed by the voters of the company, at each annual or occasional meeting, whose duty it shall be to examine and audit all the accounts and proceedings of the officers of the company, made or entered since the last preceding meeting, and report their findings to the meeting at which they were appointed.

SECTION 14. Each commissioner authorized by this act, and the surveyor by them employed, shall receive as compensation two dollars for each day's actual service rendered, and the company shall pay the same, together with the costs of preparing this act and for the expenses necessary to carry it into effect.

The managers and other officers shall receive such comManagers pensation as may be determined upon by the voters of the company at any annual or occasional meeting.

and other officers.

Moneys, how paid

out.

Oaths of office.

Suits, how brought.

Inconsistent acts repealed

SECTION 15. All moneys, or claims due from the company, shall be paid only by the treasurer on orders drawn by the managers and attested by the secretary.

SECTION 16. All officers of the company, in whatever capacity employed, shall, before entering upon the duties of their office, make oath or affirmation to perform their duties under this act with fidelity, and for this purpose they may administer such oath or affirmation to each other.

SECTION 17. All suits brought by the company shall be brought in the name of the "Tidberry Branch Ditch Company," and shall be brought by the president in all cases except wherein the president is a party defendant, in which case the suit shall be brought by the treasurer.

SECTION 18. That all acts and parts of acts not consistent with this act are hereby repealed.

SECTION 19.

be a public act.

That this act shall be deemed and taken to

Passed at Dover, April 16, 1891.

OF DITCHES.

CHAPTER 148.

OF DITCHES.

AN ACT to incorporate the Deep Hole Ditch Company of Baltimore
Hundred, Sussex County.

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):

Ditch Com

SECTION 1. That Handy Derrickson, George A. Howard, Deep Hole H. W. Long's heirs, Edward Dingle, Jacob Hitchens, Henry pany incorW. Hickman, H. H. Hickman, Peter W. Hickman, Kate porated. Townsend, John H. Long and Stephen S. Lynch, and all other persons who are now or may become taxables of the said ditch company, be and are hereby declared to be a body corporate for the purposes in this act mentioned, by the name style and title of "The Deep Hole Ditch Company," and shall have succession for twenty years, and by that name Powers and may sue and be sued, plead and be impleaded in any court privileges. of law or equity in this State, and shall have, possess and enjoy all powers and privileges incident and common to such corporations, excepting banking powers.

sioners.

ditch.

SECTION 2. That James H. Law, William A. Lynch and Commis. Henry B. Murray be and they are hereby appointed commissioners to go upon and view the said low lands and low Duty grounds through which the said ditch or ditches shall go and which will be benefited thereby, and ascertain the quantity of lands and low grounds which will be benefited by the ditch or ditches to be opened by this act, and to Location of lay out, locate and direct to be cut and opened a main ditch, beginning at a point in Vines branch, in Baltimore hundred, Sussex county, where the run of the said Deep Hole Ditch intersects with the said Vines branch, and then through the lands of Handy Derrickson, George A. Howard and Henry W. Long's heirs, and then following the present Deep Hole ditch through the lands of Jacob Hitchens, Edward Dingle, Henry W. Hickman, H. H. Hickman, Peter W. Hickman, Kate Townsend, John H. Long and Stephen S. Lynch, and terminating on the lands of the said Stephen S. Lynch, and to lay out and locate, direct to be cut and opened such other ditch or ditches as

OF DITCHES.

the commissioners may deem necessary to effectually drain the lands and low grounds aforesaid. They shall also determine the width and depth of the ditch or ditches by them Valuation directed to be cut and opened, and make a valuation and assessment of all the low grounds and lands which will be benefited by the opening of the said ditch or ditches, and according to the amount of benefit derived therefrom.

and assess

ment.

and award of

damages.

Assessment If the said commissioners shall be of the opinion that any person will be injured by the making of any such ditch or ditches, they shall assess and award to such person damages to the amount of such injury, after taking into consideration all the advantages to be derived therefrom, and the same shall be paid or tendered before the cutting of said ditch or ditches, or deposited in the Farmers' Bank of the State of Delaware at Georgetown to the credit of such person or persons. The said commissioners shall make a plot of the ditch or ditches located by them as aforesaid and a return of all their proceedings under this act to the Recorder of Deeds in and for Sussex county, to be by him recorded as soon as practicable after they shall have performed the duties herein imposed.

Plot and

return to be recorded.

Oath of Commissioners.

Majority acts.

Place and time of meeting.

officers.

Before entering upon the discharge of the duties imposed by this act the said commissioners shall be sworn or affirmed to faithfully and impartially perform the same.

The acts of a majority of said commissioners shall be deemed and taken to be the acts of the whole, touching the duties herein required of said commissioners.

SECTION 3. That the persons composing said company shall meet at the storehouse of James K. Torbert, at Omar, in Baltimore Hundred, Sussex county, on the last Saturday in May, A. D. 1891, at two o'clock in the afternoon, for the Election of purpose of choosing from the said owners of said lands and low grounds one or more suitable person or persons to be manager or managers, and also a secretary and treasurer, who shall hold their offices respectively for one year and until their successors are duly chosen, and that thereafter the time for holding the annual meeting shall be on the last Saturday in May in every year, at two o'clock in the afternoon, at the storehouse of James K. Torbert, in the hundred aforesaid. The said company may hold adjourned meetings or occasional meetings. Public notice shall be given by the managers of annual and occasional meetings, at least ten

Term of office.

Annual meeting.

Notice of meeting.

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