AN ACT to amend Chapter 106, of the Revised Code of the State of Delaware by Providing for the Protection of Owners of land above Mill Ponds.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That Chapter 106 of the Revised Code of the State of Delaware be, and the same is, hereby amended by repealing 3672, Sec. 7 thereof, and inserting in lieu thereof, the following section, to be styled, 3672, Sec. 7:
"3672. Sec. 7. 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 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, provided that this Act shall not apply to the flooding of lands by back-water occasioned by rains or freshets. This Section shall apply within the limits of Kent and Sussex Counties only.
Approved March 15, A. D. 1915.