Proviso.

False manifest or

go.

except an empty boat or vessel returning whose load has already paid tolls according to the aforesaid rates; in which case she shall pass toll free: Provided, such boat or vessel shall return within thirty days after paying said tolls. In case of neglect or refusal to pay the toll at the time of offering to pass through the said Canal, and previous to the vessel or boat passing through the same, the Collector or Collectors of said tolls may lawfully refuse passage to such vessel or boat; and if any vessel shall pass without paying said tolls, such Collector or Collectors may seize such vessel or boat, wherever found within the limits of this State, and sell the same at auction for ready money, upon five days notice, and apply such money towards paying said tolls and all expenses of seizure and sale, and the residue, if any, shall be paid to the owner; and the person having the direction of such vessel shall be liable for said toll, if the same be not paid by the sale as aforesaid.

SEC. 10. And be it further enacted, That if any master, shipper or agent shall falsely or fradulently present to any collector of of tolls or other agent of said company, a false manifest or account statement of car- of cargo of any vessel or boat passing, or about to pass through the said canal, or give a false statement of the toll thereon, or otherwise attempt to defraud in said tolls, such master, shipper or agent, shall after paying to the said Company the toll due and Shall pay double Costs of ascertaining the same, forfeit and pay double the amount of toll so charged, on which such fraud shall be attempted, to be recovered by action of debt, with costs of suit, in any Court of Record in this State or before any Justice of the Peace in and for Sussex county having jurisdiction thereof, in the same manrecovered ner as debts under one hundred dollars are now recoverable by law; one moiety of which forfeiture shall be for the use of the party suing for the same, and the other moiety thereof shall be for the use of the State.

toll.

How

and applied.

Canal a public highway.

Company may enter upon and

Sussex.

SEC. 11. And be it further enacted, That the said canal, when completed, shall be deemed and taken to be a public highway for the transportation of all goods, commodities or produce whatsoever on the payment of the tolls authorized by this act.

SEC. 12. And be it further enacted, That it shall be lawful for survey lands in the said Canal Company by their engineers, artists, superintendents, contractors and laborers, with their instruments and implements, from time to time, to enter upon any lands in the county of Sussex, through or near which it may be intended to cut the said canal; and explore and survey such lands for the purpose of determining the best route and location for said canal, and to do whatsoever may be necessary for, or incident to, said exploration or survey; and it shall be lawful for said Company, through its May contract President and Directors, to contract and agree to and with the owner or owners of any lands or tenements, for the purchase of 30 much thereof as may be necessary for making, digging and perfecting said canal, and for erecting and establishing all the necessary locks, works and devices to such an enterprize belonging, if

with owner for such lands.

In case of disagreement, free

pointed by Court or Associate Judge.

Notice to owner

be sworn.

such contract or agreement can be come to with such owner or owners; but in case of disagreement or in case the owner or own- holders to be apers of any such lands and tenements be out of the State, or under the disability of infancy, coverture or incompetency of mind, or be otherwise incapacitated or unable to make such contract, or to convey lands, then, in each and every such case it shall and may be lawful to and for said Company to apply to the Superior Court of this State in and for Sussex county in term time, or to the Associate Judge residing in said county, in vacation, first giving at least ten days' notice thereof to such owner or owners, if within the State; and the said Court or Associate Judge is hereby au- of lands. thorized and required to nominate and appoint five fit and impartial freeholders of said county to examine whether such owner will suffer any and what damages by reason of taking such lands or tenements for the use of said canal and the locks and other works thereto belonging, or by any means whatever. And it shall be the duty of the said Company to give at least ten days' notice to such owner or owners of the time and place of meeting of said freeholders; and such notice, or any other notice required by this act, to such owner or owners may be served by the delivery of a copy thereof to him, her or theni, or by leaving a copy thereof at Notice, how their usual places of abode, if living within the State, or if living served. out of the State, by affixing a copy of such notice in some conspicuous place on the premises. And each of the said freehold- Freeholders to ers, before proceeding upon the duties required of him by this act, shall take an oath or affirmation, that he will faithfully and impartially, according to the true intent and meaning of this act, and to the best of his skill and judgment, estimate and assess the damages, if any, which such owner or owners will suffer by reason of taking any such lands or tenements for the use of the said canal, and the locks and other works thereto belonging; which oath or affirmation the said freeholders shall severally have authority to administer to each other. And the said freeholders shall proceed shall to view and examine the premises; and in assessing damages also benefits to ownshall take into consideration the benefits and advantages to be damages. derived from or in consequence of the said canal to the owner or owners of the said lands; and the said freeholders shall certify their finding and award in each case to Both parties: Whereupon, the said Company, on paying the damages so assessed, shall be- on payment of come entitled to have, use and enjoy the said lands for the pur- entitled to poses by them required forever; and in case any owner or owners use lands. of any lands necessary for the purposes of said Company shall be be minors, &c.. a minor, non-resident, or for any cause incapable of receiving, or deposited in F. unwilling to receive, or shall neglect to receive said damages, or to call on the said Company for the same, the said Company may deposite the same to the credit of such owner or owners, in the Farmers' Bank of the State of Delaware, subject to his, her or their order: Whereupon, the said Company shall be entitled to have, use and enjoy the said lands and premises required for the purposes of said Company, for or on account of which damages Vacancy in freeshall have been so assessed; and in case of death, or refusal to ad

consider

ers in assessing

damages compa

In case

owners

money may be

Bauk.

holders, how

act, or otherwise, any vacancy shall occur in said Board of Freeholders, said Court or Associate Judge shall have power to fill said vacancy. The expenses of the assessment of said damages shall always be paid by said Company. Every freeholder shall Compensation to be allowed the sum of three dollars for every day during which he shall be actually engaged in the service required of him by this

freeholders.

lands and erect

places for receipt of tolls.

act.

May purchase SEC. 13. And be it further enacted, That the said Company are hereby authorized to agree with any owner or owners of lands or tenements for the purchase of such lands or tenements, at or near convenient places for the receipt of tolls as aforesaid, for the purpose of erecting necessary buildings; and in case of disagreement, or of any of the disabilities aforesaid, or the owner or owners being out of the State, then such land may be valued, condemned and paid for in the same manner and by the same mode of proceeding as directed in the foregoing section; and the said Company shall upon payment of the valuation money of the said land, be seized thereof in fee simple, as fully and effectually as men

Capital insuffici

tioned in said section.

SEC. 14. And be it further enacted, That if the said capital ent may be in- shall prove insufficient to accomplish the beneficial purposes inCreased to $100,- tended by this act, it shall and may be lawful for the President and Directors, or a majority of them, at any stated meeting under the by-laws, to increase the capital stock of the said Company, by the addition of as many shares as they may deem necessary; for which purpose they shall be at liberty, as may appear most advisable for the interests of the said Company, either to open the books and receive subscriptions in such manner as they may deem. expedient, or to sell all or any such additional shares for the benefit of said Company, for any sum or sums of money not under the par value of such shares, to wit, not under the sum of twenty-five President & Di- dollars for each share. And the said President and Directors rectors may bor- shall have power to borrow money for effecting the beneficial pur

row money.

Shares shall be

poses of this act, and to issue certificates or other evidences of loan, and to pledge the property of the said Company for the payment of the same with interest thereon: Provided, nevertheless, that the increase and addition of and to the capital stock of the said Company, to be made as aforesaid shall not exceed one hundred thousand dollars.

SEC. 15. And be it further enacted, That the shares of the personal proper capital stock of said Company shall be personal property, and shall be assignable in such manner as shall be regulated by the by-laws, and subject thereto.

ty and assignable, how.

Corporation not dissolved

through failure o meet.

SEC. 16. And be it further enacted, That the said corporation shall not be dissolved through a failure of the stockholders to hold any meeting as prescribed by this act, or to elect Directors as directed by this act, or by the by-laws, or through a failure of the President and Directors, or a majority of them, to do any act or thing on a particular day or time, or to fill vacancies in their own board.

erect bridges

caual

Stc. 17. And be it further enacted, That in case the said canal Company to shall coss any public road, it shall be the duty of said Company, across crosses at the proper expense of the same, to make and keep in good order public roads. and repair, a good and sufficient bridge or bridges across the said canal, so as to prevent any inconvenience in the using of such road or roads by reason of said canal crossing the same; and that it shall be lawful for the Legislature of this State, at all times hereafter, to enact laws for the erecting and maintaining bridges across the said canal at the expense of the said Company, and to subject the said Company to forfeitures, pains and penalties for not comFlying with such laws.

age to canal or other works.

SEC. 18. And be it further enacted, That if any person or Penalty for dampersons shall destroy, damage, or in any manner injure the said canal, locks, works, buildings, or any of them, or any property of said Company, or counsel or abet in so doing, he, she or they shall forfeit and pay to the said Company twice the amount of the actual damages sustained by said Company, to be sued for How received. and recovered with costs of suit before any Justice of the Peace, or in any Court having cognizance thereof, by action of debt, or on the case in the name and for the use of said Company.

waters of Indian

womin Bay by

Sug. 19. And be it further enacted, That full power and au- Company have thority are hereby given to said corporation to do all matters and power to connect things necessary to the construction and completion of a canal to River and Assaconnect the waters of Indian River with the waters of Assawomin canal. Bay, as though the same were a part of the canal in the first section of this act mentioned, whenever in their judgment it shall become necessary and beneficial to the interests of said corporation, and to the trade and commerce of that part of Sussex county adjacent to the river and Bay.

Passed at Dover, February 12, 1853.

CHAPTER XLV.

AN ACT for the relief of Justin Pierce.

Private Act.

Passed at Dover; February 12, 1853.

CHAPTER XLVI.

AN ACT for the relief of John Eaton.

Passed at Dover, February 12, 1853.

Private Act.

CHAPTER XLVII.

A SUPPLEMENT to the act entitled "An Act for the better regulation of the Streets of Newark, and for other purposes. SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met. That the Commissioners for the time being of the town of Newark, in New Castle county, and their successors in office, are hereby empowered and directed annually to levy and make by way of Town Commis- tax from the inhabitants of said town, the sum of two hundred dolsioners to levy lars, and to apply the same to the making and repairing the footof two hundred ways and sidewalks of said town, and after the said footways and ing and repair- sidewalks have been made and repaired, thereafter annually to levy and make from the inhabitants of said town so much money by way of tax as may be necessary to keep and maintain said footways and sidewalks in good repair.

and make a tax

dollars, for mak

ing footways and sidewalks.

Taxes, how levied, made and collected.

SEC. 2. And be it further enacted, That the money hereby authorized to be levied and made by way of tax, shall be levied and made and collected in the same manner by the said Commissioners of the said town, for the time being, and their successors in office, as county taxes are now collected by law by the several collectors of the several Hundreds in the respective counties of this State. Passed at Dover, February 14, 1853.