SECTION 13. And be it further enacted, That this act shall be Public Act. deemed a public act, and the right of repeal is hereby reserved to Revocation. the Legislature. Passed at Dover, February 15, 1861. CHAPTER 21. Supplement to An Act entitled "An Act to regulate the Building of WHEREAS the Commissioners appointed by act of Assembly, Preamble. entitled "An Act to regulate the building of Wharves in the City of Wilmington," passed at Dover, February 6, 1855, did, in conformity with the provisions of said act, adjust and determine a certain limit on each side of the Christiana River, to which wharves may be hereafter extended; and whereas, in determining said line or limit they fixed and established a point at the foot of Orange Street, in said city, at the distance of four hundred and eighty feet from the southerly side of Water street, which point is eight feet and six inches inside of the end of a certain pier, built by J. & J. A. Harris previous to the establishing and fixing of said point or limit by said commissioners; and whereas, the said pier or projection is an obstruction to vessels coming to and departing from the wharves adjacent, and also causes the mud to settle there, and in front of the wharf or wharves in the vicinity, thereby lessening the depth of water; therefore, established. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. That the line in the Christiana River to which wharves may be hereafter wharf line built shall, at the foot of Orange street, in the City of Wilmington, extend out to the end of the pier of J. & J. A. Harris, being eight feet and six inches further into said river than the line established by the said commissioners, making the distance from the southerly side of Water street to the end of said pier four hundred and eighty-eight feet and six inches, instead of four hundred and eighty feet, as heretofore; making one straight line from the point fixed at the wharf of Joshua Simmons, to the end of the above mentioned pier of J. & J. A. Harris, and another straight line from the point heretofore established at the westerly side of Shipley street to the end of the before mentioned pier of J. & J. A. Harris. Passed at Dover, February 7, 1861. Revised Sta od. CHAPTER 22. An Act to amend Chapter 99 of the Revised Statates of the Stute of SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That Chapter 99, Chapter 99 of the Revised Statutes of the State of Delaware, be, tutes amend- and the same is hereby amended as follows, viz: By inserting immediately after the word "apply" in the eleventh line of Section 13, the words: "And whenever a defendant or defendants in any Judgments such judgment shall have obtained a stay of execution as aforebefore Jus said, the plaintiff or plaintiffs in such judgment may file a duly certified transcript of the docket entries of said judgment with cution en- the Prothonotary of the Superior Court in the county where such judgment was given, and the Prothonotary shall enter in his tary's Dock-judgment docket the names of the parties, the amount of the et, become judgment, and by what Justice rendered, the time from which real estate of interest runs, and the amount of the costs, with the true date of recovered tice, and stay of exe tered, trans ferred to Prothono liens against defendaut. such filing and entry; and such judgment so transferred shall from that date become and be a lien on all the real estate of the said defendant or defendants in the county in the same manner, and as fully as judgments rendered in said Superior Court are liens, and may after the expiration of said stay of execution be executed and enforced in the same way as judgments of said court; and if any such judgment shall be lawfully assigned to a joint debtor or surety, the assignee shall have the benefit of this section. The fee to be paid to the Justice for making a transcript under this section shall be fifty cents, subject to the rules observed in the fee bill. Passed at Dover, February 8, 1861. Preamble. CHAPTER 23. An Act authorizing the making of General Indexes to the Record Books of the Court of Chancery of the State of Delaware in and for Kent County, and the Orphans' Court of the State of Delaware in and for Kent County. WHEREAS the indexes to the Record Books of the Court of Chancery and the Orphans' Court of the State of Delaware, in and for Kent County, have been made and kept for each book, and that no general index referring to all the said books has been made and kept; and whereas said practice has proved very inconvenient to persons making searches in said books, therefore, make indices SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Delaware in General Assembly met, That the Register of the Court of Chancery and Clerk of the Orphans' Court of the State of Delaware, in and for Kent County, be and Clerk to he is hereby authorized to make or cause to be made true and correct copies or transcripts of the indexes to the record books of said Court, (excepting the index to the Recognizance Dockets of said Orphans' Court, which now have a general index) in substantial and well bound books, to be paid for by Kent County aforesaid. ers. SECTION 2. And be it further enacted, That John B. Penington Commissionand Eli Saulsbury be, and they are hereby appointed Commissioners, whose duty it shall be to examine the said transcripts or copies of said indexes, after the said Register and Clerk shall have completed the same; and, if they approve of the execution thereof, they shall certify the same to be true and faithful trans- Cortificate, cripts, and that then, and after such certificate, the said transcripts or copies shall become and be the General Indexes to the record books of said Court of Chancery and Orphans' Court, in lieu of the indexes now used, and it is hereby made the duty of the present Register and Clerk of said Courts and his successors in office, to continue said General Indexes from and after the completion of the said transcripts, and the said commissioners shall also certify the completion of said transcripts or copies to the Levy Court of Kent County, who shall pay to the said Commissioners, and Register and Clerk, a just and reasonable compensa- Compensa tion for their services. Passed at Dover, February 12, 1861. tion. CHAPTER 24. An Act concerning the Town of Milford. Feb. 14, 1853 ed. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the State of Delaware in General Assembly met, That the Acts passed two acts entitled "An additional supplement to the act entitled and Feb. 25, 'An act directing the chosing of commissioners to regulate and repeal repair the streets of Milford, and for other purposes, "the one passed at Dover, February 14, 1853, and the other passed at Dover, February 28, 1855, be, and the same are hereby repealed, made null and void. SECTION 2. And be it further enacted, That an act entitled "An Act passed act levying a tax on dogs in South Milford, in Sussex County," 1853, repeal. passed at Dover, March 1, 1853, be, and the same is hereby repealed, made null and void. ed. Town Com authorized sances. SECTION 3. And be it further enacted, That the Commissioners of missioners the Town of Milford, in Kent County, be, and they, or a majority to abate nui- of them are hereby authorized to abate nuisances within the limits of said town, and that all buildings, enclosures or pens, which occasion annoyance to the neighborhood generally, or to any family, by reason of disorderly conduct by the occupants thereof, or the purposes to which they are applied, or of the noisome and offensive smells proceeding therefrom, shall be subject to visitation from time to time by the Commissioners aforesaid, and shall by their order be quieted, cleansed and purified, or such enclosures or pens shall be removed to another place, or otherwise disposed of, as they may direct, according to the circumstances of Penalty for the case: any refusal of the owner or the occupier thereof to comply with such order within such reasonable time as the said Comof Commis missioners shall direct, or to pay the expenses thereof, if the order is directed to be executed by the Town Constable, shall subject him, or her, so refusing, to [the] forfeiture of such sum, not less than five dollars, as the said Commissioners shall determine. The Commission- said Commissioners shall also have power at any meeting to make ized to take an order to prevent accidents from fire by reason of stove pipes, or measures for chimney fixtures, or otherwise, that may come to their knowledge, accidents by and to prevent fast driving or the racing of horses, or to prevent refusal to sioners. ers author preventing fire, &c. Fines, how appropriated the doing of any act or thing which will in their opinion endanger the lives or property of the citizens, or from the nature of which will occasion a nuisance or annoyance to the neighborhood or to any family within the limits of the town of Milford aforesaid: and for a refusal to comply with such order, the party refusing shall incur such penalties as from the nature of the case the said Commissioners shall determine. All fines and forfeitures under this collected and section to be collected and appropriated under the provisions of the act entitled "An Act to amend the act entitled 'An act directing the manner of choosing Commissioners to regulate and repair the streets of Milford, and for other purposes,'" passed at Dover, Commission. February 13, 1841. And the Commissioners hereafter elected ers to com- under this last mentioned act, and supplements thereto now in force, shall have power under the provisions of an act entitled "A supplement to the act entitled 'An Act to amend the act entitled 'An act directing the manner of choosing Commissioners to regu late and repair the streets of Milford, and for other purposes,' passed at Dover, February 14, 1851, to complete such curbing and paving of the streets therein directed to be curbed and paved, as the former Commissioners failed to do, in compliance with said plete curbing and paving. act. Commission- SECTION 4. And be it further enacted, That the said Commisers author- sioners are hereby authorized to let out by contract all work tract for work to be necessary to be done upon the streets, lanes, alleys, gutters, side- ized to conwalks and bridges of the said town, according to such terms as may be stipulated between the parties to such contract. Passed at Dover, February 6, 1861. doue. CHAPTER 25. An Act to incorporate the St. Jones' Branch Ditch Company. pany. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, (two-thirds of each branch of the Legislature concurring therein,) as follows, viz: SECTION 1. The owners of the low grounds, marsh, and owners to cripple, in Dover hundred, Kent County, and State of Dela- form a Comware, situated upon and contiguous to St. Jones' Branch, and between the public road leading from Pearson's Corner to Dinah's Cross Roads, and the head of Du Pont's mill pond, shall compose a Company to be called, "The St. Jones' Branch Ditch Company," Name. for the purpose of effectually draining, ditching, and reclaiming objects, the said low grounds, marsh, and cripple. ers appoint turn, what SECTION 2. James Knight, William Slay, and Powell Aaron, Commissionare hereby appointed Commissioners, who shall view the pre-ed to lay out mises, and lay out such ditch or ditches as they may deem neces- ditches. sary for the purpose of draining said low grounds, marsh, and cripple. If they think it necessary they may take with them a competent surveyor. They shall make out a plot and return, Plot and reshowing the dimensions, courses, and distances of the ditch or to show ditches, and by general delineation, without survey, the boundary lines of the low grounds, and of each taxables' portion thereof, or of any land benefitted, and the estimated number of acres. The said plot and return shall be lodged in the Recorder's office, and to be rebe by him recorded. The Commissioners and Surveyor, if any where be chosen, shall be sworn or affirmed to the faithful and impartial Commissiondischarge of duty: all the Commissioners must act, but a majority may decide any matter. In case of a vacancy occurring in the Vacancies, Commissioners by death, resignation, or refusal to act, or other. how Alled. wise, the others, or other, may fill the vacancy or vacancies. corded, ers to be sworn. how award SECTION 3. If any person shall be injured by the making of Damages, any such ditch, the Commissioners shall award such person dam- ed and paid. ages to the amount of such injury, and the same shall be paid or tendered before cutting the ditch. All persons who will be benefitted by such ditch or ditches shall be liable to contribute to the cost of making the same, and to the damages awarded, and the expenses of the proceedings, and the recording the same. The |