Sec. 5-1. - Construction of title relative to drainage.

Nothing herein contained shall be taken or construed to prevent the council of the city from constructing and maintaining proper sluices or culverts and waterways for the drainage of said city, or to prevent the present public drains or gutters from being emptied into the rivers within the limits of the said city, or to prevent the construction or maintenances of sluiceways, or waterways, for the drainage of marsh or low lands within the limits of said city.

(32 Del. L. ch. 112, § 19)

Sec. 5-2. - Obstructions in specific parts of certain rivers.

Commissioners appointed under the provisions of chapter two hundred and six, Volume Seventeen, Laws of Delaware, to view the Christiana River from where the bridge of the Philadelphia, Baltimore and Washington Railroad Company crosses the same to the mouth thereof, and the Brandywine River from where the bridge known as the Market Street Bridge crosses the same to the mouth thereof, and that part of the Delaware River upon which the city fronts, and the shores and margins of said rivers, within the limits aforesaid, and to fix, alter, readjust, establish and determine lines, beyond which no wharf, pier, bulkhead or other structure or obstruction shall be erected, placed or maintained in the tideway of said rivers within the limits aforesaid, having performed their duties in that behalf, and having returned in writing to the council of the city their proceedings, together with plots showing said lines, in accordance with said statute, no person shall erect, place or maintain in the tideway of said rivers or any of them, within the limits aforesaid, any wharf, pier, bulkhead or other structure or obstruction beyond the lines established and determined by said commissioners in and by their return as aforesaid, except as hereinafter provided. Provided, however, that nothing contained in this section shall be construed to render unlawful or to prevent the erection and maintenance of suitable abutments, piers, piling and spans for bridges that are or may be authorized by the laws of this state or of the United States, or the erection and maintenance of suitable fenders and bulkheads for the protection of drawbridges, lawfully authorized and constructed, from ice and freshets, such protecting fenders and bulkheads, however, not to be extended into the waterway within the lines of the open span or draw, or obstruct navigation or interfere with the free passage of vessels through the same. Whenever such protecting fenders or bulkheads shall be deemed necessary for the safety of any drawbridge by the levy court of the county, having charge of the construction and maintenance of such bridges, they may be so erected and constructed.

(32 Del. L. ch. 112, § 13)

Sec. 5-3. - Control of moorings of ships and vessels.

The said board of harbor commissioners shall have full power and authority to direct and control the mooring of ships and vessels in the harbor within the limits of the said city, and the position in which they shall lie at the wharves and docks, and the anchoring of ships and vessels in the harbor within the limits of said city, and to make and enforce such rules and regulations in respect thereto, as they shall deem necessary, with penalties for the breach thereof. Provided that such rules and regulations shall not be contrary to the constitution and laws of the United States, or of the state.

(32 Del. L. ch. 112, § 21)

Sec. 5-4. - Determination of damages to cargo.

The board of harbor commissioners shall, upon application of the master or owner of any vessel or the shipper or consignee of any cargo coming into port in a damaged condition, view the said vessel or cargo, and certify to the underwriter, or other parties interested, the extent and character of said damages, and may perform such other duties, in the premises, as are usually discharged by such officers. And the said board shall charge and receive such compensation therefor, as shall be fixed by the rules of said board, to be paid by the party requiring such services.

(32 Del. L. ch. 112, § 22)

Sec. 5-5. - Harbor officers.

The said board of harbor commissioners may, from time to time, when deemed necessary, elect harbor officers, who shall hold office during the pleasure of said board. Said officers shall enforce, and superintend, the execution of all laws of this state, the rules and regulations of the said board of harbor commissioners, and the ordinances of the city, in relation to the docks, wharves and harbor within the limits of said city, and in relation to the regulating and stationing [of] ships and vessels in the tideway of said river, or at the docks and wharves within said city limits, and all other rules and regulations of the said board of harbor commissioners. It shall also be their duty to enforce any and all orders of said board of harbor commissioners, touching the abatement or removal of obstructions or public nuisances in the waters of the said rivers within the limits aforesaid. For the purposes aforesaid, the said harbor officers shall, within the limits aforesaid, have all the power and authority of a county constable or policeman of said city, and he shall have the right to call to his assistance, in discharge of his duties, the sheriff, or any constable of the county, or any police officer of said city. If any master or captain of any ship or vessel shall refuse or neglect to comply with the directions of any harbor officer, in matters within the jurisdiction of his office, or if any person whomsoever shall obstruct or prevent the said harbor officer in the execution of his duties, such master, captain or other person, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than twenty dollars nor more than five hundred dollars.

(32 Del. L. ch 112, § 23)

Sec. 5-6. - Cleanliness of wharves, docks, etc.; costs.

Whenever the owner, owners or lessee of any wharf, pier, or bulkhead, within the limits of said city, shall fail to keep and maintain the adjoining dock, docks, or slips cleaned and free from obstructions, it shall be lawful for the board of harbor commissioners, upon default for thirty days after the service of notice on such owner or owners, by said board, to clean or cause said dock, docks, or slips, to be cleaned and freed from such obstruction, and to apportion the expense thereof among the owner, owners or lessees, of the said wharves, piers, and bulkheads adjoining such dock, docks or slips, in proportion to the extent of their wharves, piers or bulkheads, and to collect the cost and expense of cleaning said docks, from said owner or owners, by filing liens therefor, and issuing process thereupon, as is provided by law in the case of liens filed for the removal of nuisances, and all liens filed to collect the expense of said work shall be filed by the city solicitor.

(32 Del. L. ch. 112, § 24)

Secs. 5-7—5-25. - Reserved.