An Act to prevent obstructions to the navigation of Murderkill Creek and Spring Creek and its branches, in Kent County.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That if any person or persons shall fill up, or designedly or intentionally injure or obstruct any canal already cut between the waters of the said creeks, or either of said creeks and the branches of the other, or shall injure or obstruct the navigation of said creeks, or the branches of Spring Creek, or either of them, by wears, hedges, or in any other manner whatsoever, he, she, or they so offending shall severally forfeit and pay the sum of one hundred dollars, one moiety thereof to the use of the State, 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, and the said Justice shall have full power and authority to hear and determine all questions arising under the provisions of this act.
SECTION 2. And be it further enacted, That upon an affidavit the Peace being made before any Justice of the Peace in Kent County stating that any obstruction is made as contemplated by the first Section of this act, it shall be the duty of the said Justice to authorize some suitable person to cause said obstructions to be removed and to call to his assistance a sufficient number of persons to make such removal, and certify to the said Justice the costs of doing the same, which costs, in any proceeding against the person who it shall be ascertained caused such obstruction, shall be recovered in addition to the fine imposed by the first Section of this act.
SECTION 3. And be it further enacted, That all acts or parts of acts inconsistent with this act, or allowing the setting of any wear, hedge or like in either of said creeks, of [or] the branches of Spring Creek, are hereby repealed.
Passed at Dover, February 6, 1862.