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OF THE PROTECTION OF MUSKRATS.

CHAPTER 96.

OF THE PROTECTION OF MUSKRAIS.

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 1. That Chapter 376, Volume 15, Laws of Dela-
Charter 376, ware, be and the same is hereby repealed.
Vol. 13
repealed. Passed at Dover, April 21, 1887.

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l'nlawful to kill

by aid of

guilty of nuisance.

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

SECTION 1. That from and after the passage of this act it nusk rats shall be unlawful for any person within this State to pursue, lights.

hunt or kill any muskrat in the night time with the aid of a
lantern or any artificial light.

SECTION 2. That if any person shall be found upon the
Found

waters or marshes of this State in the night time pursuing
hunting
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 inuskrats 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 liave been
killed by such persons in violation of this act.

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of a nuisance.

Fine.

OF THE PROTECTION OF MUSKRATS.

Powers.

SECTION 3. That the Justices of the Peace shall have plenary jurisdiction of all offences against the provisions of Justice

jurisdiction. this act, and upon affidavit made that a person has violated the same, it shall be the duty of any Justice of the Peace in the county forth with 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 forth with 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 committed. 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.

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:

SECTION 1. 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 his is hereby amended by adaing 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 de-
fendant, 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 judg-
ment be reversed the payment of all costs shall be as ordered
by the Court."

· Passed at Dover, February 23, 1887.

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Be it enacted by the Senate and House of Representatives

of the State of Delaware in General Assembly met: Persons SECTION 1. Be it enacted, That it shall not be lawful placing de

for any person or persons to place in any of the ponds, lakes,

rivers or streams of this State, or in any of the waters belongthe Staten ing to the State, any lime, gas tar, coculus-indicus (other

catching
fish with wise known as fish berries), or any other deleterous substance,
of a misde- or take or catch fish with any deleterious substance or medi-

cated 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 offend-
ing against the provisions of this section of this act shall be

guilty of a misdemeanor, and upon conviction shall be punPenalty. ished 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.

SECTION 2. And be it enacted, Of all penalties recovered rocovered, 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

Penalties

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: SECTION 1. 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-quall. ae.. 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.'

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 i for market or purposes of sale. One-half of the price of every such license shall be paid by said “Dela- tained from ware Game Protective Association" to the Trustee of the hours School Fund, and the same shall be equally divided between the three counties of this State.

SECTION 3. That from and after the passage of this act Unlawful it shall be unlawful for any person within this State to hunt, tohle

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.

wbom issued.

plied.

FISH, OYSTERS AND GAME.

Person guilty to guilty of a common

tires of

shall have

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 deeined

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.

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 forth-
Duty and with issue his warrant, directed to the sheriff or to any con-
powers of
justice. stable, commanding him to arrest the person so charged and

to bring him or her forth with 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 forth with
the fine imposed by said Justice, together with costs of prose-
cution, 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 29, 1887.

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