Smyrna times., 1912-04-03
Act be. and the same are, hereby
repealed
Regulating Bridge Over Canal

Regulating Bridge Over Canal
An Act to require the chesapeake and
Delaware Canal Company to erect and
maintain bridge across its canal at the
place where said canal crosses the road for
vehicular travel being constructed by |
Coleman dupont Road, Incorporated" |
and providing penalties for failure.
Whereas, A Boulevard Corporation called |
Coleman dupont Road, Incorporated"
has been organized under the General Cor
pOratiOn Law of the State of Delaware for
the purpose of locating, building, construct
ing. maintaining aud operating g Boulevard
extending from or near the City of Will
mIngtOn, in said State, to or near the town
of Selbyville, in said State; and
Whereas, Said corporation is by law re-
| quired to construct upon said Boulevard
well built road for vehicular travel aud to
convey the same to the State of Delaware;
and
Whereas, the said corporation has begun
the locating building and constructing of
| its said Boulevard and has begun the con-
struction thereon of the said road for
Yehicular travel; and
| Whereas, Section l6 of an Act entitled,
| IAN Act 20 incorporate company for the
purpose of cutting and making a canal be-
tween the Chesapeake Bay, and Bay or
| River Delaware, or the waters thereof"
being Chapter 7S of Volume OF the Laws
of Delaware, provides as follows, to wit:
Section 16. And be II enacted, That
! whenever said canal shall cross any public
road, it shall be the duty of said company,
| at the proper expense OF the same, to make
and keep good and sufficient bridges across
the said canal, so as to prevent any incon-
venience, IN the usage of said road or roads
by reason of said canal crossing the same,
and that it shall be lawful for the Legis-
lature of this State. at all times hereafter,
to enact laws for the erecting and main
tanning bridges across the said canal, at the
expense of the said company, and to subject
the said company to fOrfeitrues, pains and
penalties for not complying with such
laws.'
Therefore, be it enacted by the Senate
and House of Representatives of the State
oil Delaware, in General Assembly met:
Section 1. That the said chesapeake
and Delaware Canal Company be, and the
same is, hereby required to erect and main
tain, as its own expense, substantial
bridge, including the approaches thereto,
across its canal at the place where the SAID
road for vehicular travel required to be
built as aforesaid, by the said Coleman
dupont Road, Incorporated" }" is crossed, or
shall be crossed, by the said canal. The
said bridge shall be not less than thirty feet
wide, shall be sufficient to be safely crossed
by vehicles of the greatest weight and
shall be completed within three months
after the said road for vehicular travel, or
some section OF sections thereof within the
meaning of the law authorizing the organi-
zatiOn of Boulevard Corporations, shall
have been completed up to both opposite
j banks of the said canal at the said place of
crossing.
Section 2. If the said Chesapeake and
: Delaware Canal Company shall fail, ne
glect or refuse to comply with the pro-
visions of Section of this Act, it shall, by
: such failure, neglect or refusal, ipso factO,
forfeit all its corporate franchises, and all
2 other franchises, granted to it by the State
, of Delaware, including the right and fran
chise to collect, or receive, tolls within the
) State of Delaware from any boat or vessel
passing through or along its said canal. OF
tolls for any goods or commodities trans
ported by any such boat OF vessel, until it
shall erect bridge in compliance with the
provisions of said Section l of this Act, ol
shall pay the costs and expense attending
= the erection of such bridge by the said
4 Coleman dupont Road, Incorporated" a.
hereinafter provided.
5 Upon the failure, neglect or refusal o.
the said chesapeake and Delaware Cana
Company" to comply with the provisions
| of Section l of this Act, the said "ColemaI
dupont Road, Incorporated, shall be anC
v it is hereby authorized, at its election, tC
! erect bridge in compliance with the pro
visions of said Section of this Act, or tt
s finish any bridge which may have beer
4 commenced by the said chesapeake anC
= Delaware Canal Company" but not com
I pleted within the time prescribed In salC
f Section l, and, after the completion of tn,
= same, the said Coleman dupont Road. In
y corporated," shall be and it is hereb,
n authorized and empowered to collect from
i the said Chesapeake and Delaware Cana
! Company the sum of money expended BY
q it. the said Coleman dupont Road, In.
It eorpOrated," in the erection or completion
" of such bridge, together with legal interes
thereon, and to enforce such collection, ant
! payment by the said Canal Company, by al
h action of Debt against The said Canal Com
: pany, and in any such action the SAT-
Il Coleman dupont Road, Incorporated,
J, shall be Untitled to recover, in addition T.
the sum Of money aforesaid, together will
= interest, as aforesaid, and costs of suit,
u reasonable attorneys fee, to be fixed by tn
n Court which shall try the case.
Section 8. That all Acts or parts of Act
inconsistent with this Act be. and the sam
r are, hereby repealed.