OF THE PROTECTION OF MUSKRATS. CHAPTER 96. OF THE PROTECTION OF MUSKRATS. AN ACT to repeal Chapter 376, Volume 15, Delaware Laws. Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met: SECTION I. That Chapter 376, Volume 15, Laws of DelaChapter 376, ware, be and the same is hereby repealed. Vol. 15. repealed. Passed at Dover, April 21, 1887. Unlawful. to kill CHAPTER 97. FOR THE PROTECTION OF MUSKRATS. AN ACT for the Protection of Muskrats. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That from and after the passage of this act it musk rats shall be unlawful for any person within this State to pursue, hunt or kill any muskrat in the night time with the aid of a lantern or any artificial light. by aid of lights. Found hunting guilty of nuisance. means of a SECTION 2. That if any person shall be found upon the waters or marshes of this State in the night time pursuing with light, or firing at the said muskrats with the aid of a lantern or any artificial light, such person shall be deemed guilty of a common nuisance, and upon conviction thereof before any Justice of the Peace in this State, shall be fined five dollars for each and every offence. And if any person shall kill any Killing by of the said muskrats by any means contrary to the provisions light, guilty of this act, he shall be deemed guilty of a common nuisance, and upon conviction thereof, before any Justice of the Peace within this State, shall be fined five dollars for each and every muskrat so killed, and the possession of said muskrats by any person being at the time on the water in the night time with a lighted lantern or other artificial light, shall be deemed prima facia evidence that such muskrats have been killed by such persons in violation of this act. of a nui sance. Fine. OF THE PROTECTION OF MUSKRATS. jurisdiction. SECTION 3. That the Justices of the Peace shall have plenary jurisdiction of all offences against the provisions of Justice this act, and upon affidavit made that a person has violated Powers. the same, it shall be the duty of any Justice of the Peace in the county forthwith to issue his warrant, directed to the sheriff or any constable in the county, directing him to arrest the person so charged and bring him forthwith before such Justice for trial, and if upon such trial the said Justice shall find that the person arrested has violated any of the provisions of this act, and such person shall fail to pay forthwith the fine imposed by said Justice in accordance with the provisions of this act, together with the costs of the prosecution, Failure to such person shall be committed by said Justice to the custody shall be of the sheriff for thirty days unless said fine and costs be Fines to sooner paid. All fines collected under the provisions of this whom paid. act shall be paid one-half to the informer and one half to the use of the State. Passed at Dover April 21, 1887. pay fine committed. CHAPTER 98. GENERAL PROVISIONS RESPECTING THE POLICE. AN ACT to amend Chapter 62, Volume 15, Part 1 of the Laws of Delaware. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: Vol. 15 SECTION I. That Section 2 of Chapter 62, Volume 15, Section 2, Part 1, of the Laws of Delaware, be and the same is hereby Chapter 62, amended by the striking out the word "shall" in the next amended. to the last line of said Section 2, and substituting therefor the words: "May at the discretion of the officer presiding at the trial." SECTION 2. That Section 5 of Chapter 62, Volume 15, Section 5. Part 1 of the Laws of Delaware, aforesaid, be and the same Vol. 15. is hereby amended by adding at the close of said Section 5 amended. the following words, to wit: Provided, that in all cases GENERAL PROVISIONS RESPECTING THE POLICE. wherein the fine imposed shall exceed the sum of five dollars, there shall be the right of appeal to the Court of General Session of the Peace and Jail Delivery, which appeal shall be allowed by the justice if claim be made by the defendant, his agent, or attorney, at any time within five days from the day the judgment is given, and sufficient security be tendered for appearance to cover the judgment appealed from and the costs of appeal, as in civil cases; and should judgment be reversed the payment of all costs shall be as ordered by the Court." Passed at Dover, February 23, 1887. Persons placing deleterious waters of or catching meanor. CHAPTER 99. OF FISH, OYSTERS AND GAME. AN ACT for the protection of Fisheries in this State. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1. Be it enacted, That it shall not be lawful for any person or persons to place in any of the ponds, lakes, matter in rivers or streams of this State, or in any of the waters belongthe State, ing to the State, any lime, gas tar, coculus-indicus (otherfish with wise known as fish berries), or any other deleterous substance, same guilty of a misde- or take or catch fish with any deleterious substance or medicated bait, nor shall any person or persons make use of giant or electric powder, or any explosive substance whatever for the purpose of taking fish, and any person or persons offending against the provisions of this section of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for a period not exceeding six months or by a fine not exceeding fifty dollars, or by both, such fine and imprisonment, at the discretion of the Court before which such conviction shall be had. Penalty. Penalties SECTION 2. And be it enacted, Of all penalties recovered recovered, under this act one-half shall go to the informer and the other plied. half shall be paid to the State Treasurer to be paid by him How ap OF FISH, OYSTERS AND GAME. upon demand to the Fish Commissioner of this State to be used by him in the performance of his duties, and accounted for by him in his report. SECTION 3. And be it enacted, That this act shall take effect immediately. Passed at Dover, April 5, 1887. CHAPTER 100. OF FISH, OYSTERS AND GAME. A SUPPLEMENT to Chapter 507, Volume 17, Laws of Delaware, entitled of Fish, Oysters and Game. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: ident to session SECTION I. That from and after passage of this act it Unlawful shall be unlawful for any person not a citizen of this State to for non-reshunt, kill, take or destroy, sell, or expose for sale, or have in have in poshis or her possession after the same has been killed, any par- quail. &c.. tridge, grouse, quail, woodcock, rabbit or hare, reed bird, unless havortolon or rail, unless he shall have first obtained a. license license. from the "Delaware Game Protective Association." ing a whom issued. SECTION 2. The license provided for by section I of this License, act shall only be issued by the said "Delaware Game Protective Association" on payment of the sum of twenty-five dollars for every such license. And the said license shall not be taken to permit the killing of any game bird mentioned in said section 1 for market or purposes of sale. One-half of Money obthe price of every such license shall be paid by said "Dela- tained from ware Game Protective Association" to the Trustee of the how a School Fund, and the same shall be equally divided between the three counties of this State. licenses, plied. while SECTION 3. That from and after the passage of this act Unlawful it shall be unlawful for any person within this State to hunt, to hunt, &c.. kill or destroy, while the ground is covered with snow, any ground is partridge, grouse, quail, woodcock, rabbit or hare, or have in with snow. covered Person guilty to common nuisance. FISH, OYSTERS AND GAME. his or her possession any bird or animal mentioned in this act that has been killed or taken as aforesaid. SECTION 4. That if any person shall be found guilty of be deemed violating any of the provisions of this act he shall be deemed guilty of a guilty of a common nuisance, and upon conviction thereof before any Justice of the Peace in this State, he or she shall be fined five dollars and costs for each and every offence and be committed to the jail of the county until said fine and costs are paid. Justices of shall have powers of SECTION 5. That the Justices of the Peace in this State the Peace shall have plenary jurisdiction of all offences against the jurisdiction. Provisions of this act, and upon the affidavit made that a person has violated any of the provisions of this act, to forthDuty and with issue his warrant, directed to the sheriff or to any conjustice. stable, commanding him to arrest the person so charged and to bring him or her forthwith before such Justice for trial, and if upon such trial the said Justice shall find that the person arrested has violated any of the provisions of any section of this act, and such person shall fail to pay forthwith the fine imposed by said Justice, together with costs of prosecution, such person shall be committed by said Justice to the custody of the sheriff for thirty days unless said fine and costs be sooner paid. Passed at Dover, April 20, 1887. |