Evening journal., 1897-05-21
FIGHT TO BE RENEWED
Text of the New Cherry
Island Marsh Measure.
THE RAILROAD COMMISSION BILL

THE RAILROAD COMMISSION BILL
AGAIN IN THE HANDS OF THE
HOUSE SPECIAL COMMITTEE
NO TAX OF LIvERYMEN-BILLs
PASSED BY THE HOUSE YEsTER-
DAY AFTERNOON.
Stan Correspondence Evening Journal.
Dover, May 21.-The Cherry Island
marsh fight is to be renewed In the
House yesterday morning Representa-
tive Dempsey introduced bill permit
ting any owner to withdraw from the
Cherry Island Marsh Company at any
time after he has filled in his marsh to
point above mean high water.
Before being released, however, he
must pay his proportionate share of
the existing Indebtedness of the COM
pany.
The text Of the bill is as follows:
Section /. That whenever any person
! being the owner of land on Cherry Is
! land marsh in New Castle county
which is now below the level of high
water in the Delaware, Christiana or
Brandywine rivers, and protected from
the overflow of either of said rivers by
the tide banks along said rivers, shall
fiji above the level of mean high water
in either of said rivers bounding the
said marsh, all Of the land owned by
him included within and protected
from overflow by sand tide banks, so
as to protect said land from overflow
and render unnecessary the further
maintenance of portion Of said tide
banks for the protection of said land;
then and in that event the land so
filled as aforesaid shall cease to be a
corporate part of said Cherry Island
marsh, and such person. and owner
shall cease to be a part of the Cherry
Island Marsh Company and said lane
so filed shall be thencefOrth and for
ever discharged and released from any
bank tax, charge, lien, debt or obliga
tion thereafter created (but shall b'
subject to taxes for municipal pur
poses as now provided by law) anC
= from any bank tax, charge, lien, deb
: or obligation already created or exist
ing, provided in such case that th
person owning such land so filled M
shall pay his proportionate part Of an.
existing indebtedness due from tn
Cherry Island Marsh Company at tn
time of his withdrawal. said amour
~ W bN HtAAA bNAAAt RA'RDA NANAANN ~ Nt'
J amount of acreage held by him within
:, the tide banks to the whole body o
{ acreage in the said marsh company.
e Section 2 And be It enacted tha
r whenever such person, as aforesaid
S shall so fiji up his said marsh and sic
- Nifty in writing his desire to the direC
. tors CT the said Cherry Island Mars
. Company to withdraw from the sam'
> and shall present to said directors
map and description Of the premise
and the certificate of the city enginee
e of the city Of Wilmington, that tn
= whole of said land within said tid
l. banks has been so filled above mea
l. high water, the said directors, upc
.e payment as aforesaid, of the propo
o. tionate part Of said existing indebte
&c ness. shall make and execute to sa
=. owner a release, describing said pren
ises so released, which release shall
properly Acknowledged and may be r
T., corded in the recorders office in al
l for New Castle county, and from al
81 after the execution iand recording
10 said release the owner of the sa
r premises, or the premises so release
shall not be liable for any part of &
tax thereafter laid, or indebtedness
Cured by the said Cherry lsla'
Marsh Company
pt Section 8. And be it enacted tn
the Cherry Island Marsh Compa
ne shall procure a certified copy of Il
". act from the secretary Of state of De
adj ware and have the same recorded
az the office for recording deeds in a
~ for New Castle county within one yt
- from the passage OF this act, and |
uo record thereof or a certified copy OF
rnH md a M
ad as evidence in all courts in this sta
of and upon the failure of said MAJ
of company to do so, any person int
ry ested in the same may procure s.
he copy and have the same recorded.
m Section 4. And be it enacted, Il
~, all acts and parts of acts inconsisti
with the provisions of this act be
sM the same are hereby repealed; p
OF yided that nothing contained in I
he act shall be construed to annul
led dissolve the corporation known as
tia Cherry Island Marsh Company, inc
oc- porated on or about January 10, A.
ms 1910. by an act of the General Asse
NJ blv. entitled. IAN Act to lncorpor
10 the Cherry Island Marsh Compan
- and as to all other owners or lands
80 cluded in the said marsh company
'ue said act of Incorporation shall not
rks in any manner impaired, altered or
'he fected
am A SUBSTITUTE REPORTED.
zen The House Committee on Revi
pa Statutes reported the following S
1t stiture for the House bill to repeal
of act in relation to the settlement OF
vas cased persons interests in firms
aid co-partnerships:
ed. Amend chapter 774, volume 10,
i'm the Laws of Delaware by adding to
ne end the following: Provided, howe
- that the provisions of this act 81
vas not apply to any firm or co-partI
at ship having written articles OF ag
ere ment between the members ther
one providing for the adjustment or set
Jam ment of deceased members share
: to interest in such firm or co-paru
an ship. "
a.. rart rfIrIH.