Delaware General Assembly

CHAPTER 618.

OF NAVIGATION AND VESSELS.

AN ACT to regulate the navigation of St. Jones' River.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

SECTION 1. That it shall be unlawful for any captain or commander of any vessel, boat, barge, or scow, to moor, anchor or make fast in any manner to the west side of St. Jones River, commonly known as the Murderkill side, within one-half mile of the mouth of said river.

SECTION 2. All vessels, boats, barges or scows, lying within one-half mile of the mouth of said river shall be anchored, moored or made fast upon the east or what is commonly known as the St. Jones' side of said river, and in such case not more than two shall lie abreast and in no case to extend beyond the middle of the stream, and when so anchored moored or made fast, the vessel, boat, barge, or scow, being next to the channel to show the lights as is now prescribed by law.

SECTION 3. All vessels awaiting wind or tide above the aforesaid limit shall moor or make fast (avoiding the channel) upon the convex or point side of said river, keeping the channel and the concave or bend side clear for vessels passing up or down. All vessels, boats, barges and scows going with the tide to have the right of way, those going against the tide to be considered as waiting tide or tide bound.

SECTION 4. It shall be the duty of the captain or commander of any vessel, boat, barge, or scow, upon entering said river to house their anchor or anchors, that is to' say, to so place them that they will not protrude over the railings of anchors to their respective crafts.

SECTION 5. In case of damage resulting from collision or otherwise by reason of the violation of any of the provisions of this act, the owner or owners of the vessel, boat, barge or scow, whose captain or commander has violated the aforesaid provisions shall, as well as said captain or commander, be liable to the owner or owners whose vessel, boat, barge, or scow is injured by reason of said violation as for gross negligence and shall pay to the owner or owners of said vessel, boat, barge, or scow, suffering such injury all the actual damages sustained, together with damages caused from detention by reason of said injury, with cost of suit, to be recovered by an action of trespass on the case.

SECTION 6. This act shall be deemed and taken to be a public act, and all acts or parts of acts contrary to the provisions of this act so far as concerns St. Jones' River are hereby repealed.

Passed at Dover, March 18, 1889.