And whereas, it hath been further represented that the brick house and wharf commonly called "The old ferry," herein after described, is the most suitable place for keeping the said ferry, CHAP. CXL. 1803 Ferry to be es Delaware. SECTION 1. BE it therefore enacted, by the tablished at Senate and House of Representatives of the State New-Castle of Delaware, in General Assembly met, That from across the giver and after the twenty-fifth day of March next, a ferry shall be and hereby is established at the brick house and wharf in the town of New-Castle aforesaid, commonly called "The old ferry," formerly of George Monroe, deceased, and now of James M'Calmont, situated at the south-easterly corner of Harmony and Front streets, for the transportation of travellers, horses, cattle, carriages and goods, from thence over the river Delaware; and that it shall and may be lawful for the said James M'Calmont, and such other person or persons as may from time to time be the owner or owners, possessor or possessors of the said brick house and wharf, to keep and maintain a ferry at the place aforesaid for the purposes aforesaid, for and during the term of twenty-one years from the twenty-fifth day of March next ensuing, and to have, take and receive to his or their own proper use, all such sums of money as may arise therefrom, according to the rates herein after mentioned. Provided always, That the said James M'Cal- Proviso. mont, or such other person as may be the owner of the said premises, do and shall within two years from the said twenty-fifth day of March next, extend and carry out the said wharf at least one hundred and fifteen feet further into the river Delaware from the present end thereof, either by continuing the said wharf or by erecting a pier and bridge, and shall also annex a slip thereunto, so as to render the landing place safe and convenient for the purposes of a ferry. SECT. 2. And be it further enacted, That when Wharf, &c. to the said wharf and landing place shall be completed be kept in good order for the tion of passen. gers, &c. safe transporta as herein below mentioned, the owner or keeper of the said ferry shall at all times thereafter keep and maintain the said wharf and landing place in good order, condition and repair, suitable for passengers, horses, cattle, carriages and goods to pass and repass with safety, and also shall at all times be provided with good and tight boats, wherries or other vessels, suited to such ferry, sufficient in size, strength, steadiness and accomodation for the safe and speedy transportation of passengers, horses, cattle, carriages and goods, well furnished with sails, oars, setting-poles or other necessary implements, and men, prudent, skilful, able-bodied, sufficient and competent for such business and service. &c. SECT. 3. And be it further enacted, That if any Penalty on the keeper for at- keeper of the said ferry shall at any time carry or tempting to ferry in bad boats, attempt to carry over the said river, any person, horse, cattle, carriage or goods in any boat, wherry or other vessel that is not good and sufficient according to the provision of this act---or shall overlade his boat, wherry or other vessel, so that the passengers or goods be thereby endangered, such keeper of the said ferry shall for every such offence forfeit and pay ten dollars, to be recovered as herein after mentioned, and shall also be liable to an action for damages at the suit of the party aggrieved. Redress to the party grieved. Penalty for not boats. SECT. 4. And be it further enacted, That every keeping good keeper of the said ferry, who shall not provide good and sufficient boats, wherries or other vessels, suited to such ferry, with good and sufficient sails, oars setting poles or other necessary implements aforesaid, and such number of men qualified according to this act, to attend the boats as the condition of the passage may require, for the safe and speedy transportation of passengers, horses, cattle, carriages, and goods over the said river, shall for every default therein forfeit and pay five dollars, to be recovered as herein after mentioned. SECT. 5. And be it further enacted, That every laying passen keeper of the said ferry shall give constant and dili- Penalty on degent attendance at the same, and shall not deny or un- gers, &c. necessarily delay the carrying over of any passenger, horses, cattle, carriages or goods, under the penalty of five dollars, to be recovered as herein after mentioned; and such keeper of the said ferry, shall for any default herein, be also liable to an action for damages at the suit of the party aggrieved by such denial or delay. Provided always, that the person Proviso. keeping the said ferry, shall not be obliged to put off from his wharf and pass the said river, when it manifestly appears to be hazardous or dangerous for him so to do, on account of any storm, tempest or ice. SECT. 6. And be it further enacted, That all Passengers and persons and goods shall be received into the ferry goods to be carried according boats, and carried over the said river, according to to priority of their arrival at, or first coming to the said ferry, and arrival. every keeper of the said ferry acting contrary to this rule, shall for every violation thereof, forfeit and pay three dollars, to be recovered as herein after mentioned. &c. SECT. 7. And be it further enacted, That the keeper of the said ferry shall have authority to keep Penalty on persons attempting or put out of his ferry boat, any person who shall to pass in a dis attempt or press to enter or stay therein, contra- orderly manner ry to his order, when the said boat shall be laden or occupied by other persons or goods having a prior right of passage, according to the sixth section of this act, and every person so doing contrary to his order, shall for every such offence forfeit and pay one dollar, to be recovered as herein after mentioned. SECT. 8. And be it further enacted, That the Rates of ferrikeeper of the said ferry shall have, take and receive, age. for ferriage over the same, the rates and prices fol lowing, to wit, for every 180$ Table of rates to be set up at the ferry. thirty-three cents. - one dol. & twenty-five cents. A waggon, pair of horses and passengers, A coachee with pair of horses and passengers, three Ditto, with four horses and ditto, three dollars and fifty cents. One or more horned cattle, each, fifty cents. two dollars. A cart with yoke of oxen or two horses, carried or ferried across said river, and no more. SECT. 9. And be it further enacted, That every keeper of the said ferry shall set up and constantly keep in public view, at the said ferry house, a table of the rates aforesaid, fairly written, printed, or painted, in large letters, so that the same shall be open and visible for the inspection of passengers, under the penalty of one dollar for every day that he shall neglect so to do. And if any keeper of the Penalty for ex. said ferry, or his servant, shall take a greater sum for ferriage than the rates allowed by this act, he shall for every such offence forfeit and pay three dollars, to be recovered as herein after mentioned. tortion. Penalty on other persons carry gers, &c. SECT. 10. And be it further enacted, That from ing over passen and after the twenty-fifth day of March next, it shall not be lawful for any person, except the keeper of the said ferry, to take or carry over the river Delaware, from the aforesaid wharf, or from any place on the shore of the said river, within one mile of the said wharf, any person or persons who reside out of the town of New-Castle aforesaid, under the penalty of five dollars for every person so carried over, contrary to the provision of this section, to be recovered as herein after mentioned; Provided, that nothing in this act shall be construed, so as to prevent any person or persons, who may come from the State of New-Jersey to the town of New-Castle, from returning in the boat or boats in which they came, or if such persons have come to the town aforesaid for the purposes of trade or traffic, they Proviso. shall not be prevented from returning in the boats in which they came, or in any other boats, at their election, nor shall the inhabitants of the said town be prevented from crossing the said river in such boats as they may choose; and further, nothing in this act shall be construed to prohibit any commercial intercourse between the State of New-Jersey and the town of New-Castle, but that the same may be continued as heretofore without interruption. SECT. 11. And be it further enacted, That the several fines and penalties in this act mentioned, shall and may be sued for and recovered before any justice of the peace, in any of the counties of this State, in the same manner as debts under forty shillings may be sued for and recovered by the laws of this State, together with costs of suit, by any person who will sue for the same. CHAP. 1803 The penalties in be recovered. this act, how to . SECT. 12. And be it further enacted, That this Limitation. act shall continue and be in force for the space of twenty-one years from the twenty-fifth day of March next ensuing, and no longer. SECT. 13. And be it enacted, That the said James M'Calmont, his heirs or assigns, shall within one year after the passing of this act, procure from the secretary of this State, a copy of this act of Assembly, duly certified under his hand and the seal of the State, and shall cause the said copy so authenticated, to be recorded in the office for recording of deeds in the county of New-Castle, and that a copy thereof, certified by the recorder of deeds, under his hand and the seal of office, shall be evidence in all cases whatsoever. Passed at Dover, January 21, 1803. |