pursuance of any special act of the legislature, and being thereof legally convicted, before the court of quarter sessions of the county where the offence has been committed, shall forfeit and pay the sum of one hundred dollars, to be Penalty. paid to and applied for the use aforesaid. Provided always, That wherever the land of any Proviso. person along the said river, is situated so low as to make it difficult to keep a fence, in such case they shall be allowed the privilege of making a wall or rack, sufficient to answer the purpose of preventing cattle from going round, with making and providing a sufficient passage near the shore, at least eleven feet wide, sufficiently deep for boats to pass through, until the water is so low as to go conveniently round the said wall.

7. And be it enacted, That the constables Duty of of each respective township, borough, or dis- constables. trict, which shall be bounded by or adjoining any part of the river Delaware as aforesaid, shall and he hereby is strictly enjoined and required diligently to enquire inspect and view, once every week, from the first day of April until the tenth of June in every year, such parts of said river as shall be adjoining his respective township, borough or district, and having any knowledge of any offences against this act, he shall forthwith give information to some justice of the peace, who shall immediately issue forth his warrant, directing the constable to bring forthwith before him such transgressor or transgressors and have them dealt with according to law, and if any of the aforesaid constables shall neglect to perform the duties enjoined on him or them by this act, he or they so offending and being thereof legally convicted before any justice of the proper county

Penalty.

Compensation.

Collec

where such delinquent may reside, shall forfeit and pay the sum of twenty-five dollars for each and every such offence, to be levied and recovered as other sums to the like amount, to be paid to and applied for the use as aforesaid, and each of the constables while performing the duties enjoined on them by this act, shall be allowed at the rate of one dollar per day, to be paid by the county collector, each constable having an exact account of the number of days he or they have been employed under the directions of this act, regularly attested before one of the justices of the peace of their respec tive townships.

8. And be it enacted, That the collector of tor's duty. each respective county adjoining the river Delaware, within the limits aforesaid, shall every year, before they settle their accounts, enquire of the justices of the peace of the several townships adjoining the river Delaware, within their county, to know whether they have any money in their hands arising from such forfeitures as aforesaid; which money, if any there should be, they are hereby authorized to receive, with giving the magistrate a receipt and their respective counties credit for the same. And if either of the collectors, from his or their own knowledge, or the information of any other person, shall have knowledge of any transgressions against this act, which either of the aforesaid constables have either neglected or refused to prosecute agreeably to the directions of this Penalty. act, he or they are hereby strictly enjoined and required, under the penalty of twenty-five dollars, immediately to give information to one of the justices of the peace of the respective township, borough or district, which said justice is hereby enjoined and required forthwith

to proceed against any such delinquent agreea bly to the directions of this act.

constables.

9. And be it enacted, That the constables of Further each of the several townships adjoining to the duties of said river Delaware, from the tide water up to the station point or north west corner of this state, shall be, and they are hereby enjoined and required, under the penalty of fifty dollars, to view, once at least in every fourteen days, from the first day of August to the first day of December in every year, such parts of said river as shall be adjoining his or their respective townships, and if on any such view, he or they shall find any fish dam, basket, pound, or such like device, for taking fish within the said river, he shall thereupon give notice to the next justice of the peace of the township or county so adjoining, which justice is hereby of jus required to issue forth his warrant to one of tices. the constables of the township adjacent to the fish dam, basket, pound or other device as aforesaid so erected, or in which they or any of them shall be erected, enjoining and requir ing the said constable forthwith to remove, or cause to be removed, every such fish dam, basket, pound or other device aforesaid, and for that purpose to summon so many of the inhabitants of said township as may be necessary to throw down, remove and destroy such fish dam, basket, pound, or other device aforesaid, giving them three days previous notice. And the said constable shall make return of his proceedings to the said magistrate in ten days thereafter; and if any such constable to whom such warrant shall be directed, shall refuse or neglect to perform the duty hereby enjoined or required of him, he or they so of fending, and being thereof legally convicted,

D d

Return.

shall for every such offence forfeit and pay to the collector of the township where such offender shall reside, the sum of one hundred dollars for the use of said county; and if any inhabitant so summoned, shall refuse or neglect to attend in person or to send another able person in his room, to assist in throwing down, removing, and destroying such fish-dam, basket, pound or other device aforesaid, in such manner as the said constable shall order and direct, he shall forfeit and pay the sum of four dollars for Penalties. every such offence to the overseers of the poor of the township whose inhabitants have been so summoned, for the use of the poor of the same, to be recovered and levied as debts of like amount are by law recoverable. Provided Proviso. always, That any person or persons who shall be convicted under this act, before any jus tice of the peace, he or they shall have a right to appeal to the court of quarter sessions within ten days after such conviction.

Sweep of the seines.

10. And be it enacted, That if any person or persons whoever, shall cast or lay out, or cause to be laid out, any seine or net into the river Delaware, within the jurisdiction of this state, beyond the right angle of the shore, and where his line strikes the river at low water mark a going out, or suffer it to swing beyond the right angle of the shore of the river, and where his line strikes it at low water mark a coming in, (except by unavoidable accident) every person or persons so offending, and being thereof tending it, legally convicted, shall forfeit and

Penalty for ex

the sum pay of twenty-five dollars for each and every such offence, with costs and damage, to be paid to the person against whose land such trespass shall be committed, if he shall sue for the same,

within six months after such trespass has been committed.

And whereas, it is provided by the agree- [Rev. 47] ment of the commissioners appointed by the legislature of this state and of the state of Pennsylvania, to divide the islands and settle the line of jurisdiction in the river Delaware, that the legislature of each of these states should have and exercise the right of regulating and guarding the fisheries on the said river annexed to their respective shores, in such manner that the said fisheries may not be unnecessarily interrupted during the season of catching shad, by vessels riding at anchor on the fishing ground, or by persons fishing under a claim of a common right to the said river :-Therefore,

anchor on

11. Be it enacted, That if any ship, vessel or No vessels raft, shall, during the season of catching shad or rafts to in the Delaware, come to anchor at the same, fishing on any fishing ground where shad are usually grounds. taken, and shall not immediately be removed from the said fishing ground, if such removal can be done with safety, on application for that purpose by the owner or occupier of such fishery, to the captain, pilot, or person having the command of the said ship, vessel or raft; or if any such ship, vessel or raft, be wilfully run on shore on any such fishing ground, then such captain, pilot, or person having the command, as aforesaid, shall forfeit and pay sixty Penalty. dollars, to be recovered by action of debt, with costs, by the said owner or occupier.

[12, Relates to the passing of a similar law in Pennsylvania and which passed 23d Feb. 1809.]

[Rev. 416]

13. And be it enacted, That the act entitled An act to regulate certain fisheries in the river Delaware, passed the thirteenth day of June, Former seventeen hundred and ninety-nine, and all pealed.

Acts re