§ 1110 — Obstruction of navigation in Murderkill River and Spring Creek

Whoever fills up or designedly or intentionally injures or obstructs any canal already cut between the waters of Murderkill River and Spring Creek, or either of the streams and the branches of the other, or injures or obstructs the navigation of the streams of the branches of Spring Creek, or either of them, by wears, hedges or in any other manner whatsoever, shall severally forfeit and pay $100, 1 moiety thereof to the use of the county and the other moiety thereof to the use of the person or persons who will sue for the same before any justice of the peace in Kent County. The justice shall have full power and authority to hear and determine all questions arising under this section.

Upon an affidavit being made before any justice of the peace in Kent County stating that any obstruction is made as contemplated by this section, the justice shall authorize some suitable person to cause the obstructions to be removed and to call to assistance a sufficient number of persons to make such removal, and certify to the justice the costs of doing the same, which costs, in any proceeding against the person who it is ascertained caused such obstruction, shall be recovered in addition to the fine imposed by this section.

Legislative History

12 Del. Laws, c. 220, §§ 1, 2 ; 16 Del. Laws, c. 310, § 1 ; Code 1915, § 2958; Code 1935, § 3466; 23 Del. C. 1953, § 1110; 70 Del. Laws, c. 186, § 1