CHAPTER 256

RELATING TO THE BOUNDARIES OF THE STATE

AN ACT WITH REFERENCE TO THE BOUNDARIES OF THIS STATE BY ESTABLISHING CERTAIN DUTIES OF THE STATE ARCHIVIST AND CHIEF ENGINEER OF THE STATE HIGHWAY DEPARTMENT WITH RESPECT THERETO AND BY PROVIDING A PENALTY FOR THE DESTRUCTION OR WITHHOLDING OF ANY BOUNDARY MARKER.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. The monuments marking the common boundaries between the State of Delaware and any adjacent state or commonwealth, are hereby declared to be the joint property of the State of Delaware and such adjoining states or commonwealth. The State Archivist and the Chief Engineer of the State Highway Department are hereby authorized and directed to examine at least every five years the monuments marking the boundaries of this State. Whenever the State Archivist and the Chief Engineer of the State Highway Department shall find the monuments marking the boundary between Delaware and any other state or commonwealth to have been lost, moved, removed or defaced so that the boundary thereof becomes obscure, inaccurate or incorrect, the State Archivist and the Chief Engineer of the State Highway Department shall cooperate with the state officials of any adjacent state or commonwealth in the replacement, restoration or repair of the monuments and the said common boundary line. The State Archivist and the Chief Engineer of the State Highway Department are further authorized on behalf of the State of Delaware to make joint agreements and to enter into joint contracts with appropriate officials or agencies of any adjacent state or commonwealth and with the United States Coast and Geodetic Survey or any similar neutral party or agency to resurvey, remark or otherwise delineate more thoroughly any part of any common boundary between the State of Delaware and any adjacent state or commonwealth; provided, however, that any resurvey made shall reproduce with greatest possible fidelity the present established boundaries of this State. The State Archivist and the Chief Engineer of the State Highway Department, their authorized agents or employees, are hereby authorized and empowered to enter upon any property for the purpose of examining any boundary monument; provided, however, that this Section shall not authorize the said State Archivist or the Chief Engineer of the State Highway Department, their agents or employees, to enter during the growing season upon any land planted in crops which might be damaged by such entry.

Section 2. Any person or persons who shall move, remove, break, mutilate, deface, destroy, or otherwise injure any monument or monuments marking any boundary between the State of Delaware and any adjacent state or commonwealth shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding Fifty Dollars ($50.00) for each and every offense. Any person or persons who shall have in his or their possession any monument heretofore placed, or prepared to be placed, upon any of the boundary lines herein specified shall upon demand being made for the same by the State Archivist and the Chief Engineer of the State Highway Department, surrender and deliver the same to said Archivist or the Chief Engineer of the State Highway Department, or to their authorized agents or employees; and upon failure of any such person on demand to surrender and deliver such monument as heretofore required, such person shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not exceeding Fifty Dollars ($50.00) for each and every offense.

Approved June 5, 1951.