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5. And be it enacted, That the act entitled An act to establish and confirm the charter [Rev. 94] rights and privileges of the borough of Elizabeth, passed the twenty-eighth day of November, seventeen hundred and eighty-nine, so far as the said act includes and relates to that part of the said borough lying within the limits of the township of Union, be and the same is hereby repealed.

Repealing clause.

AN ACT for securing the laws, and relative to the office of the prerogative court.

Passed November 25, 1808.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That the clerk of the assembly and the secretary of council, shall within three weeks after the termination of each sitting of the legislature, deliver to the secretary of state for the time being, all bills passed into laws, or such as may hereafter be passed; to be filed in his office in such order that the laws of every sitting Secretary of the legislature shall be kept in separate to file all bundles, and the year in which the same was

laws.

passed shall be endorsed on each bundle, that the same may be recurred to by the legislature, and not be delivered to any person or persons whatever: but the secretary for the time being, shall give copies to such persons as may make application for the same; which copies, when certified by him under his hand and seal, as a true transcript, shall be received in evidence in any court of this state, and be as good, effectual and available in law, as if the

original was then and there produced and proved; for which service the secretary of state shall be entitled to receive, for a certified copy of each law, from the person or persons making application for the same, six cents per Fees. sheet, and for filing each law and marking each bundle ten cents, to be paid by the treasurer of the state; Provided nevertheless, That he shall not receive any compensation for filing or arranging any laws at present in said office.

testators,

2. And be it enacted, That it shall be the To record duty of the register of the prerogative court to intestates, record the names of the testators of all wills &c. which he may receive, in alphabetical order, and the year in which such wills were proved, in a book to be by him provided for that purpose, and to file the said wills in his office, the wills of each year and county to be put up by themselves, and marked with the year and county; and in like manner to record the names of all intestates, inventories of whose estates he may receive, and to file the said inventories in manner aforesaid.

Fees.

3. And be it enacted, That instead of the fees heretofore paid to the said register for filing wills and inventories, he shall be paid for each will by him to be recorded and filed as aforesaid, twenty-five cents, and for each inventory twelve cents; which fees it shall be the duty of the surrogates of the several counties of this state to demand and receive for the use of the said register, at the times of proving said wills, and in cases of intestacy, at the times of issuing letters of administration, and to pay forward the same to the said register, at the time they are directed by law to transmit to [Rev. 397} the register of the prerogative court, the wills and inventories by them received.

AN ACT to regulate the fisheries in the river
Delaware, and for other purposes.

Passed November 26, 1808.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That from and after the passing of this act, no seine or net shall be cast, drawn, or in any wisc made use of, by any person or persons whomsoever, in the river Delaware, within the jurisbours may diction of this state, from Saturday twelve be fished o'clock at night until twelve o'clock on Sun

What

in,

day night, and that no more than one seine or net shall be cast, drawn, or in any wise made use of, in any one pool or fishing place, by any person or persons whomsoever, in the afore said river from the station-point, or north-west corner of this state, to the southern point of Newbold's or Biddle's island in the county of Burlington, and from thence down opposite the circular boundary of the state of Delaware, not more than two nets, within any one term of twenty-four hours, to begin at sun-rising and to continue until sun-rising the next day following; and if any person or persons whosoever, shall cast, draw or make use of any seine or net in the said river, or shall be aiding or assisting therein, within the term or terms aforesaid, contrary to the true intent and meaning of this act, every person or persons so of fending, and being thereof legally convicted before any justice of the peace of the county where the offence is committed, shall forfeit and pay the sum of fifty dollars for each and Penalty every such offence, together with costs of prosecution, to be paid to the collector of the

county where the offence has been committed, for the use of said county.

tinue.

Part of this

2. And be it enacted, That if any person or How long persons shall cast, draw or make use of any fishing shad seine or shad net, for the purpose of catch- may coning fish in the river Delaware, within the limits of this state, below the falls of Trenton, after the tenth day of June, or between the said falls and opposite the mouth of the river Lehigh, after the fifth day of June, or in any other part of the river Delaware between the mouth of the section reriver Lehigh and the station point, or north- pealedwest corner of this state, after the tenth day of plement June in each and every year, every person or annexed. persons so offending, and being thereof legally convicted before any justice of the peace in and for the county where he or they may be apprehended, shall forfeit and pay the sum of fifty dollars for each and every such offence, to be applied to the use aforesaid, and likewise costs of prosecution.

pay

And in order to ascertain what shall be deemed and held to be a pool or fishing place within the meaning of this act,

see sup

3. Be it enacted, That from the place or places where seines or nets are usually thrown in, to the place or places where they have been Pool or fishing usually taken out, or from the place or places place. where they may hereafter be thrown into the water, to the place or places where they may be taken out, shall be deemed and held to be a pool or fishing place within the meaning of this

act.

Seine may

4. And be it enacted, That if any person or be forfeit. persons shall be found making use of any seine ed. or net contrary to the true intent and meaning of this act, every such person or persons so offending, shall in addition to the penalty afore

racks, &c.

said, forfeit the seine or net so made use of, which seine or net shall, by order of the court before whom such person or persons shall be convicted, be exposed to public sale, after giving five days notice thereof by advertisement, and the money arising therefrom shall be paid in the manner and for the use aforesaid, the costs of such prosecution and sale being first deducted.

5. And be it enacted, That if any person or persons whosoever, shall erect, build, set up, Weirs, repair or maintain, or shall be aiding, assisting unlawful. or abetting, in erecting, building, setting, repairing or maintaining any weir, rack, basket, fishing-dam, or pound, or shall make use of any swab or bush-net, or shall fix, fasten, set, or otherwise make use of any gilling-seine or drift-net, anchor any engine, or make use of any device whatsoever, except fishing with sweeping seine, hooks and lines, darts, scoopnets and eel baskets, for taking fish in the river Delaware, within the limits aforesaid, every person or persons so offending, and being legally convicted thereof, by the oath or affirmation of one or more credible witness, or by his or their own confession, before any court having competent jurisdiction, where such offender may be apprehended, shall forfeit and pay the sum of one hundred dollars, together with costs of suit, to be recovered and applied as aforesaid.

Penalty.

Wing

lawful.

6. And be it enacted, That if any person or dams un persons whosoever, shall erect, build, set up, repair or maintain, or shall be aiding or assisting in erecting, building, setting up, repairing or maintaining any wing dam, or placing any other obstruction injurious to the navigation of said river as aforesaid, except such mill dams as have been or hereafter may be put up in

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