CHAP. بہت 1804 What persons may use the water. scribed shall have been respectively paid into the hands of the treasurer, until the time of declaring a dividend or dividends, including the dividend then declared; and in case the nett profits arising from their water works, should at any time increase, so as to admit a larger dividend, then the price of rate, for the use and privilege of water, shall by the said company be reduced, so as to keep the nett profits aforesaid within or not exceeding nine per centum per annum; and in case of a larger dividend being made or declared, the whole thereof shall be forfeited, and shall be recoverable from the said corporation by an action on the case, one moiety to the use of the person who shall sue for the same, and the other moiety to the use of the poor of NewCastre county. SECT. 14. And be it further, enacted, That it shall not be lawful for any person or persons, without an agreement or permission in writing as aforesaid, other than such who are employed in the service of a person or persons, who may rightfully do the same, by virtue of an agreement in writing as aforesaid, to draw, vent, or in any manner make use of, or waste any of the water contained in any of the water works of the said company; and in case any Penalty on per- person or persons, not having right, nor being ausons using the thorized as aforesaid, shall wilfully draw, vent, make water, without right. use of, or waste any of the said water, each and every such person, for every such offence, shall forfeit and pay to the said company, the sum of one dollar, to be recovered in like manner as a debt of that amount How recovered. may be recovered by the laws of the State, upon complaint made in writing, signed by the president and any two of the directors, on their own testimony, or the testimony of either of them, or the testimony of any credible witness, by them produced: Provided always, That nothing herein contained, shall extend to the case, where any house or other building shall be on fire, and the water shall be necessary, or used to extinguish the same; but on all such occasions, and for such purposes, the said water may be freely used by all persons, without incur Proviso. ring any forfeiture, or becoming liable to any charge. works. greement, or In case of disa incapacity of the owner to SECT. 15. And be it enacted, That it shall and may be lawful or the said company to purchase from the owner or owners thereof, such lands within the Company may said borough, and within one mile thereof, as they within certain purchase lands may deem necessary, for the purpose of sinking, bounds, for laying, making and establishing a fountain-head their waterand reservoir, to collect and receive spring water, and pipes and conduits for the conveyance thereof; and in case of disagreement, or in case the owner or owners thereof shall be feme covert, under age, non compos mentis, or out of the State, upon application to either of the burgesses of the borough aforesaid, or any justice of the peace for the county, the said burgess or justice, shall issue his warrant to the Sheriff of the county, to summon a jury of eighteen freeholders, not related to the parties, nor in any manner interested, to meet on the land to be valued, at a day to be expressed in the said warrant, not less than seven, nor more than ten days thereafter; and the Sheriff, upon receiving the warrant, shall forthwith summon the jury, and when met, shall administer an oath or affirmation, as the case may require, to every juryman who shall appear, "That he will faithfully and impar"tially value the land, and all damages the owner 66 or owners thereof may sustain by the opening, "sinking, laying down, making and establishing "such water-works therein (as the business of the "said company shall require) without fear, favour or affection, according to his best skill and know"ledge ;" and the inquisition thereupon taken and signed by any twelve, or more of the said jurymen, with a plot and description of the said lands, and returned to the "Court of common pleas," and being approved by the said court, shall be by them certified accordingly, and thereupon shall be recorded in the office of the recorder of deeds for the county; and thenceforth shall be binding on the said parties: and upon the payment, or law ful tender of the damage or value so assessed as sell, what proceedings shall be adopted. CHAP. 1804 When, and on water-works, &c. may become vested in the Corporation of the Borough. aforesaid, the said corporation, their officers and agents, shall have full right and power to enter into, and upon such grounds as shall be condemned for the use of the corporation, as aforesaid, at all times afterwards, when they shall deem it necessary, for, the purpose of sinking, laying, making, altering, or repairing any of the works aforesaid; and it shall be lawful for them to do all such acts and things, as shall be necessary for the said purposes. SECT. 16. And be it further enacted by the authority aforesaid, That if after the expiration of fifty years from the passing of this act, the Corporation what terms, the of the borough of Wilmington, do pay, or cause to be paid, unto the stock-holders of the said company, the amount of the stock by them respectively owned and held in the said company, with so much interest money, as together with the respective dividends paid by the company, will amount to nine per centum per annum on the stock subscribed and paid, from the time the same has been paid, until the expiration of the said fifty years, then and in that case, all the right, title, property, claim, interest and demand whatsoever of the said stockholders, to and in the said company, shall be and become vested in the said Corporation of the borough of Wilmington, and all the estate, waterworks, improvements, tenements, hereditaments, rights, liberties, privileges, and immunities whatsoever of the said company, shall be and become vested in the said corporation and its successors, forever; and the said Wilmington Spring-Water Company, shall cease to be, determine and become absolutely void and extinct, any thing herein before contained to the contrary, notwithstanding. SECT. 17. And be it further enacted, That no suit or proceeding shall be brought or instituted for any penalty or forfeiture given by this act, after the expiration of one year from the time the cause of such action or proceeding accrued. Passed at Dover, January 23, 1804. CHA P. CLI. An ACT to repeal an act, entitled, "An act to prevent swine running at large in the town of "New-Port, and within the limits therein pre"scribed," passed at Dover, on the twenty-ninth day of January, one thousand seven hundred and ninety-one. W CHAR CLI. 1804 HEREAS the aforesaid act hath been found Preamble, plated, therefore, BE it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That the before recited act, and every part thereof, be, and the same is hereby repealed, made null and void. Passed at Dover, January 23, 1804. CHAP. CLII. At ACT to enable William Derrickson, Richard Clarke, Ebe Walter, and James Fossett, to erect a mill-dam across a creek called Assawaman-creek, at or near a place, called Sloop-point, in Baltimore hundred, and county of Sussex; and for the condemnation of two acres of upland on the north, and two on the south side of said creek, for the use of a grist and saw-mill. Passed at Dover, January 24, 1804.---Private act. СНАР. 1804 10,500 dols. to be raised and paid into the treasury. 7,000 dols. ap. propriated for the purchase of stock. authorized to purchase stock, and CHAP. CLIII. An ACT making provision for the support of government, for the year one thousand eight hundred and four, and for other purposes. SECTION 1. B E it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That the sum of ten thousand five hundred dollars shall be raised and paid into the treasury of this State, within the time and in the manner directed by an act of assembly, entitled "An act for the better ordering, assessing, levying and collecting of taxes, and making provision for the support of government, for the year of our Lord, one thousand seven hundred and ninety-eight," and shall be assessed and levied in the following proportions, that is to say, for the county of New-Castle, the sum of four thousand dollars; for the county of Kent, the sum of three thousand five hundred dollars; and for the county of Sussex, the sum of three thousand dollars. SECT. 2. And be it enacted, That the sum of seven thousand dollars, part of the sum now in the treasury of the State, shall be and the same is hereby appropriated to the purchase of bank-stock, or other stock in the United States of America; and the State, treasurer is hereby authorized and requirState-treasurer ed, to purchase for the use of the State, on the lowest and best terms to be obtained with said money, the said bank or other stock in the United States; and the said stock, when so purchased, shall be entered by him in the treasury books of this State, specifying therein, the number and amount of each certificate, the date thereof, to whom the same issued, of whom bought, and the price paid for the same; and the State treasurer is hereby directed, to return to the auditor, in his quarterly settlement with him, an account of such purchase of stock, with a specification thereof, as before mentioned. enter the same in his books. |