CHAP. CXV. in 1802 Preamble. Eighteenth sec. act repealed. CHA P. CXV. A Supplement to the act, entitled, "An act to incorporate a company for the purpose of cutting and making a canal, between the Chesapeake bay and bay or river Delaware, or the waters thereof" W HEREAS it appears to this Legislature that the eighteenth section of the act to which this is a supplement, which prevents the said company from lessening the rates of tolls, fixed by the said act, may prevent the incorporation of a company for the liberal and beneficial purposes mentioned in the said act, agreeably to the other provisions therein contained. SECT. 1. Be it enacted, by the Senate and House tion of original of Representatives of the State of Delaware, in General Assembly met, [That the said section of the act, to which this is a supplement, be, and the same is hereby repealed made null and void; Proviso. So much as is between crotch Provided nevertheless, and it is hereby enacted, That it shall not be lawful for the said Chesapeake and Delaware canal company, to lessen the rates of tolls fixed by the act to which this is a supplement, more than one fourth of such rates of tolls, without the assent of the Legislature of the State of Delaware.] And whereas, By the twenty-first section of the act to which this is a supplement, it is provided, that the same shall be of no force or effect, Un'til the State of Pennsylvania shall pass a law to authorize and empower an agent, or agents to be appointed by the Governor of this State, to have 'free access to the papers in their land office, and to transcribe and copy, or procure to be trans'cribed or copied, under his or their care and direction, in one or more well bound books in folio, all such warrants, surveys, re-surveys, < patents, grants and other original papers, as may " act. And whereas, It appears to this Legislature, that Samuel White, esquire was duly appointed by the Governor of this State, the agent to procure the original papers or transcripts thereof mentioned in the said section last aforesaid, of the act to which this is a supplement, and that he has by memorial СНАР. CXV. 1802 СНАР. 1802 See 3 vol. 187. 3 vol. 247. to this general Assembly stated, that the land office of Pennsylvania has been freely opened to him, and leave granted to procure the papers aforesaid, or transcripts thereof to be taken by him, and that he has received every liberal aid from the of ficers of the State of Pennsylvania, and it also appears that most of the original papers have been procured, which could be separated from those appertaining to Pennsylvania, and actually lodged by the agent aforesaid, in the Recorder's office for Kent county: And whereas, It also appears from the statement of the said agent to this Legislature, that it will require near ten months to complete the transcribing of all the papers aforesaid, necessary to be transcribed, long before which time the law of Maryland for incorporating the aforesaid canal company, will expire. SECT. 2. Be it enacted, That so much of the section last mentioned of the act to which this is a supplement, which enacts that the said act shall be of no force or effect, Until such transcripts and 'copies therein mentioned shall be actually made and compared with such warrants, surveys, resurveys, patents, grants, and other original papers, by such agent or agents therein mentioned, and be brought into this State by the said agent or agents, for the use of the citizens of the State, and also until all such original warrants, surveys, re-surveys, patents, grants, and other papers 'therein mentioned, which can be taken and se parated from other records and papers in said land office, or other offices of the State of 'Pennsylvania shall be first selected by and delivered, whole and undefaced as they now remain 'to such agent or agents, and he or they be allow'ed to bring the same into this State; and to be kept here for the use of the citizens of the State; and also such parts thereof as require that the said original papers should be actually brought into this State, be, and the same is hereby repealed, made null and void. SECT. 3., And be it enacted, That so soon as the State of Pennsylvania shall comply fully and effectually with the conditions of the twenty-second section of the act, to which this is a supplement, then and not before, the Governor shall, and he is hereby authorized and required, immediately, to proclaim the said act in full operation, force and effect, agreeably to the provisions contained in the same. Passed at Dover, February 5, 1802. CHAP. CXVI. 1802 When the Governor shall pro claim original act in force. CHA P. CXVI. An ACT for erecting and keeping in good repair, a draw-bridge over Little creek. WH THEREAS the erection of a draw-bridge Preamble, over Little creek, at or near the place where the public road now runs to Little creek landing, would be of great public utility, and more especially of advantage to the good people residing in the necks of Little creek and St. Jones's, respectively; And whereas, It hath been represented to this general Assembly, that the persons more immediately interested in the erection of the said drawbridge, are willing to make ample contributions for that purpose. SECT. 1. Be it therefore enacted, by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That John appointed to re ceive subscriptions and erect the draw bridge Commissioners Marim, Outten Laws, and Manlove Emerson, be, and they are hereby appointed commissioners, with full power and authority to collect and receive all such sums of money, as any person, or persons of his, her, or their own free will and accord, may or shall be disposed to contribute for the erection of a draw-bridge over and across Little creek, at or near the place where the public road now runs to Little creek landing, and when the commissioners aforesaid shall have collected and received a sufficient sum to enable them to erect and build a good and sufficient draw-bridge across and over the said creek of at least fifteen, and not more than eighteen feet wide, it shall and may be lawful for them and the survivor of them, and they are hereby required and enjoined, to lay out and expend the same, in the purchase of materials and the employment of work men and labourers in and about the building and erecting of the said draw-bridge-and to proceed in the same until the said draw-bridge shall be built and completely finished. Space to be left over the channel. Breadth of the draw or plat form. SECT. 2. And be it further enacted, That there shall be left between the abutments, wings and other works erected for the use, support and preservation of the said draw-bridge, a space of at least twenty feet, at all times, for the waters of the said creek to pass and flow through, and that there shall be left between the said abutments and over the channel of the said creek the clear space of nineteen feet, at least, over which shall be erected and raised a draw or platform, of the breadth of the said bridge, with good and sufficient chains for raising up the same, for the accommodation of all such persons as may have occasion to pass and repass with any boat or vessel through the said bridge; and the said persons so passing and repassing with their boat or vessel, are hereby directed to raise and let down the said draw or platform, in such manner as that the same receive no damage |