AN ACT for the protection of owners of lands above mill-ponds.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. Every person or persons, firm or corporation who shall own, lease or control any mill-dam or mill-pond, now or hereafter lawfully established, upon or across any stream of water, shall construct and maintain the dam across such stream in such manner and with such gates and ponds, appliances that the waters of said stream shall not at any time be thrown, held or forced back upon the land of any other owner or owners above such mill-pond to the injury or damage of such other owner or owners ; and every violation of the provisions of this Act, upon the complaint of the owner or owners of land injured or damaged thereby, shall be deemed a nuisance and shall be punished by a fine not exceeding ten dollars for each day such nuisance continues. Every such person or persons, firm or corporation so offending shall also be liable in pecuniary damages to the owner or owners of land injured by any violation of this Act to be recovered in an action at law.
Section 2. This act shall apply within the limits of Sussex County only.
Approved March 29, A. D. 1911.