Gambar halaman
PDF
ePub

OF THE REVENUE OF THE STATE.

Appeal to

General
Sessions.

Money. col- made by the constable, after deducting the costs, which shall mail to the be retained by said officer and paid to the parties entitled, Trenstyrer shall be paid over to the County Treasurer of Sussex county ofwisex Provided, that the parties defendant may appeal to the Court

of General Sessions of the Peace and Jail Delivery within ten the Court of days from the time when judgment was rendered, upon giving

bond to the State with security to be approved by the justice of the peace, in a sun double the amount of the fine imposed and the value of the property seized by the constable, conditioned that if the said appeal shall be prosecuted with effect then the same shall be void, otherwise to be in full force and effect. The proceedings shall be in the name of the State of Delaware, and upon the docketing of the appeal in the Court of General Sessions of the Peace and Jail Delivery the Attorney General shall answer to the appeal and conduct the cise for the State.

SECTION 8. That the owner or owners of the plantation thorized to prescribed and authorized within the limits set forth in Section

one of this act and all persons deputized by him or them as his or their agents shall liave the right and are hereby clothed with full power and authority to make arrests for any violation of the provisions of this act, as duly constituted officers of the Laws of Delaware, and their act; and doing as such shall be respected as legal and valid.

Passed at Dozer, March 7, 1887.

Attorney General shall appear for the State. Owners and agents au

Inake arrest:.

CHAPTER 5.

OF THE REVENUE OF THE STATE.

AN ACT in Relation to Oysters.

Orsterplan
Hation shall

Be it cred by the Senate and House of Representatice's of the State of Delau're in General Assembly met, as follou's:

SECTION 1. All oyster plantations not exceeding fifty be the pos-acres occupied and used by boats or vessels of over nine the planters tons (Custom House measurement) and all plantations 1100

exceeding thirty acres occupied and used by boats of the tonnage of nine tons (Custom House measurement) and

provided
They pay
the pres.
cribe rent

OF THE REVENUE OF THE STATE.

nage rate.

under, heretofore made in the Delaware Bay, shall be deemned and the ton-
and taken to be the possession of the respective planters and
tlie oysters deposited or to be deposited in such plantations
and their increase shall be the private property of the said
planters. Provided, and upon the condition that the said
planters shall pay annually by the first day of April, the first
payment to be made the first day of April, A. D. 1887, to the
Collector of the oyster revenue, to be appointed as hereinafter
provided, the sum of twenty-five dollars as rent for the ground
so held by him or them and used by boats or vessels over
nine tons (Custom House measurement) and the sum of fifteen
dollars as rent for the ground so held by him or them and
used by boats or vessels of nine tons and under (Custom
House measurement), and the further sun of three dollars
per ton (Custom House ineasurement) for the boat or vessel
to be used in the business of working the said plantations.
Failure to pay such rent and license fee by the time above
inentioned shall be a forfeiture of all the rights hereby
secured. The said plantations shall be designated by stakes The planta-
as provided in the next section for new plantations, and the tion shall be
oysters within tliem shall be protected as hereinafter provided. by stakes.
This privilege shall end with the year expiring the last day
of March, A. D. 1888, unless renewed as in the case of a
new plantation; and, as a condition of its enjoyinent, the
parties interested must, before the first day of April, A. D.
1887, take out a license as hereinafter provided. The different Ilow the
plantations shall be treated as numbered in the order which ditferent
license to plant are issued under this act, and the boat or are to be
vessel used in the business of planting shall wear that number
painted in black at least eighteen inches long in the middle numbered.
of her nainsail one-third of the distance below the head
thereof. Provided, honeter, that where more parts than ore
(but not exceeding in the whole fifty acres or thirty acres as
the case may be) are appropriated by one person they shall
bear the same number; and that number only shall be
necessary for designation of the boat or vessel; and every Plantation
plantatioa shall be designated as soon as appropriated by tire to be desig-
mnumber of the license under which it is occupied, attached in
some proper form to each corner of the plantations, the
figures to be not less than teu inches in length, the expenses
of which shall be born by the planters; and the boat or vessel Boat or ves:
used in the business or dredging for ovsters only on the lenged
natural beds of this State uuder the licenses authorized by on
this act, shall wear, in the middle of her maiusail, one-third bow, desig-
of the way from the lead thereof, a Roman letter painted in

2

treated. Vessel to be

.

natural oyster beds

.

16

OF THE REVENUE OF THE STATE.

Mahon

West of Blake's chunnel

[ocr errors]

following

House, the other clue

black, eighteen inches long, to be designated in the license,
and to be in orderly succession from the beginning of the
alphabet.

SECTION 2. Any person or persons may appropriate to
his or their own use a part not exceeding fifty acres for boats

or vessels to be used by him or them of a larger tonnage May appro: than nine tons (Custom House measurement), and a part 10 part of the exceeding thirty acres for boats or vessels to be used by him by south of

or thein of nine tons and under (Custom House measurement), River and of the bottom of the Delaware Bay, south of Mahou River and

west of Blake's channel, and embraced and lying between between the tlie two following parallel lines, to wit: one drawii due east parallei from Valon River light-house and the other due east from a Jirawi Ime point in the shore at ordinary high water mark two miles cast from south of the middle of the mouth of Murderkill Creek, River Light saving and excepting, however, that part of the bottom of

the Delaware Bay lying between the two aforesaid parallel ca in to the lines and extending three hundred yards into the bay from shore at co the ordinary low water mark, wless the same be then approwater mark priated according to law, which part shall be designated by Kouth of the him or them by stakes not more than fifty yards apart, to middle of show at least two feet above the ordinary high water and of Murder- not be obstructive of navigation; it shall be the possession

of the planter or planters, and the oysters to be deposited
therein and their increase shall be their private property.

But before any one shall avail himself of this privilege he
License
shall be os- shall apply in writing to the said Collector for a license for

that purpose and pay to the said Collector the sum of twenty-
five dollars as the fee or price thereof for boats or vessels to
be used by him or them of a larger tonnage than nine tons
(Custom House measureinent) and the sum of fifteen dollars
as the fee or price thereof for boats or vessels used by him or
them of nine tons and under (Custom House measurement)
and also the sum of three dollars per ton (Custom House
imeasurement) for the boai or vessel to be employed in the
business of planting if he be a resident of this State and
two dollars per toni, (Custom House measurement), if he be a

11911-resident of this State; the said license shall last only Time when til the first day of April following the date thereof, and -hill expire must be renewed by the first day of April of caci year, and

the like suum be paid at the time of each reliewai, provided, tons Custom that nothing in this act contained shall be construed to

authorize the appropriatio:7 by a!oe person of so many plantations

parts as shall exceed in the aggregate fifty acres for boats or
vessels over nine tous, (Custom House measurement, and

Saving clause.

tained.

For boats over nine

surement

shall not

Xceed fifty actes, for

OF THE REVENUE OF THE STATE.

shall not exceed thir

upon the

natural beds.

thirty acres for boats or vessels of nine tons, (Custom House boats of
measurement); the privileges granted by this and the first plantations
section shall not einbrace any portion of the bottom of the
bay which is a natural oyster bed and has been hitherto used ty acies.
or worked as such, nor shall be extended beyond the mere enthal
right to plant oysters and hold them as property.

not alredige
SECTION 3. No person who is not at the time a bona fide na file
resident of this State, and shall have been such bona fide residenis of
resident continuously for at least six months, and the vessel for a period
used by him at least one-half part thereof be bona fide owned prior to the
by bona fide residents of this State, and wholly inanned by hisaze of
bona fide residents (all of which said bona fide residents shall where wes-
have lived and resided in this State as such bona fide half owned
residents continuously for at least six months prior to the residents de
time of making application for the certificate hereinafter and wholly
mentioned), shall dredge for oysters or otherwise take the tide
same up from any natural oyster bed of this State. But any can dreilge
bona fide resident of this State as aforesaid, and using a boat tumays-
or vessel one-half of which at least is owned by bona fide ter bevis.
residents of this State as aforesaid, and wholly manned by bona
fide residents of this State as aforesaid, desiring to avail
himself of the privileges of dredging for oysters or otherwise
taking them up from any of the natural oyster beds of this
State, for planting or other purposes, shall first procure from
the Collector aforesaid, a certificate under his hand, stating Butiile
that he has complied with the provisions of the law in that Shaligir-
behalf; and in order to obtain such certificate, the owner or
one of the owners (if more than one) of any such boat or
vessel shall file with the Collector a written application, Written ap.
stating the name of the boat or vessel, the name of the owner to
or owners, (if more than one), and the place or places of tiled.
residence, (if living in a city, the street and number must be
given) of such owner or owners, and the shares in whichi
such owners own the same, and the duration of residence in
this State of the resident owners of at least one-half of said
boat or vessel, and shall verify such statement by his oath or
affirmation, which the said collector is hereby authorized to
administer. The owner so applying, shall file at the same

a written statement of the crew and master of such boat or vessel, showing the names and places of residences * of each of must ho the said crew and master of such boat or vessel, and the duration of residence in this State of the captain or master Master and of said boat or vessel, and of each of said crew, (and the crew-ball street and number of their residence if in a city) which or afirmu

2 *So enrolled.

cure a certificate.

[ocr errors]

Written statement

filed.

tion

OF THE REVENCE OF THE STATE.

When the collector

certificate.

shall also be verified by the oath or affirmation of the captains or master and each of the said crew respectively; which the said Collector is also hereby authorized to administer. If it appears by such application or statement that at least one-half part of the said boat or vessel is bona fide owned by a bona fide resident or residents of this State as aforesaid, and is wholly manned by a crew all of whom are bona fide residents of this State as aforesaid, and liave been such bona fide residents continuously for at least six months prior to the time of making such statement, the said

Collector shall issue and deliver to the master of such boat or shall issue a vessel a certificate, unless the said Collector shall have good

grounds to believe that the statements made by any suchi owner or owners, or any of the crew are utrue; and in such case, the said Collector may refuse to issue such certificate util he shall have had a reasonable time to inquire into the truth or falsity of said statement, and if upon such inquiry. the said Collector shall be satisfied of the truth of such statement, he shall thereupon issue such certificate; but if he shall be satisfied upon due inquiry that any of said statement is false, he may refuse to issue sucli certificate.

The certificate may be according to the following form: Form of cer This is to certify that the owner of thie vessel called tification or having fully complied with the provisions of law in that

behalf, the said vessel is allowed and permitted to be used and employed in dredging on any of the natural oyster beds within the waters of this State, excepting the portions reserved by law for tonging purposes during the period by law prescribed for dredging; but the permission hereby conferred shall instantly cease and terminate whenever less than onehalf part of said vessel shall be bona fide owned by bona fide residents of this State, or whenever said vessel shall not be manned by a crew wholly composed of bona fide residents of this State.

Given under my hand at this day of

188

When certi

Collector of Oyster Revenue. Whenever such boat or vessel shall not be wholly manned cate shall be by bona fide residents of this State as aforesaid, for at least forfeited.

six months, or at any time less than one-half part thereof shall be owned by bona fide residents of this State as aforesaid, thereupon all privileges conferred by said certificate shall immediately cease and terminate, and the license hereinafter provided for shall be forfeited and become mull and void.

« SebelumnyaLanjutkan »