An ACT to prevent certain obstructions to the navigation of St. Jones’ Creek, in Kent County
SECTION 1. Be it enacted by the Senate and House of Representatives in the State of Delaware, in General Assembly met, That whenever any obstruction to the navigation of St. Jones’ Creek shall occur, by reason of dirt or other material falling or being washed into said creek, in consequence of any wharf thereof being out of proper repair, it shall be the duty of the owner of said wharf to remove said obstruction without delay; and if he fail to do so, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not less than twenty nor more than five hundred dollars; and furthermore, the Court of General Sessions of the Peace and Jail Delivery shall, if the nuisance be existing at the time of the conviction, make a like order for its abatement as in the case of nuisances to public roads.
SEC. 2. And be it further enacted, That this act shall not apply Provision in the case of obstructions arising from the non-repair of any wharfing upon said creek done by authority of Kent County aforesaid, for the protection of a public road; but it shall nevertheless be the duty of the Overseer of said road, immediately to remove such the said County shall be chargeable with the expenses thereof, although such expense may exceed the sum appropriated by the Levy Court to the repair of the road or roads of which he is overseer.
Passed at Dover, March 2, 1857.