Delaware § 1503 - Enforcement of Laurel River restrictions.

§ 1503. Enforcement of Laurel River restrictions.

The Levy Court Commissioners of Sussex County, upon complaint of 1 or more inhabitants of either of the Fourth or Fifth Representative Districts, that any wharf, platforms, landing place, marine railway, pier, pile, abutment or other obstruction of the river has been constructed and is held or kept in or upon the Laurel River contrary to § 1502 of this title, shall, upon giving at least 10 days’ notice to the owner or occupier of the same, hear and determine such complaint, and, if necessary, view and examine the matter or thing complained of. If the Levy Court Commissioners shall, upon such hearing, adjudge that the matter or thing complained of is held or kept contrary to such section, they shall forthwith deliver to the owner or occupier of any such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction a certified copy of their finding in that behalf and a written notice to remove the same. If any such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction be not removed or conformed to such section within 90 days after the delivery of such certified copy, the person holding the same as the owner thereof shall forfeit and pay to any person who will sue for the same the sum of $500, to be recovered with costs of suit as debts of like amount are by law recoverable, 1/2 of the penalty to be for the use of the person suing therefor, and the residue thereof to be for the use of Broad and Little Creek Hundreds. The Prothonotary of Sussex County, if any such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction be not removed or conformed to such section within 90 days after the delivery of such certified copy, without delay, shall issue a warrant or writ directed to the Sheriff of the County commanding the sheriff to abate such wharf, platform, landing place, marine railway, pier, pile, abutment or other obstruction, or to conform the same to such section, whereupon the Sheriff shall forthwith proceed to abate the same or to conform the same to such section. The expenses incurred in carrying into effect this provision shall be such as the Levy Court shall allow, and the same having been paid by the County Treasurer, the amount thereof may be recovered in the name of the County of Sussex from the owner or occupier of the matter or thing abated, as debts of like amount are by law recoverable.

18 Del. Laws, c. 244, §  4;  Code 1915, §  2965;  Code 1935, §  3473;  23 Del. C. 1953, §  1503;  70 Del. Laws, c. 186, §  1;