OF THE REVENUE OF THE STATE. dredging on the natu License sub When such certificate shall be issued as aforesaid, the captain or master of the boat or vessel to be employed in the business of dredging upon any of the natural oyster beds of this State, before exercising the privilege of dredging as aforesaid he shall obtain from the said Collector a license. The fee for license to dredge on the natural beds shall be Fee for lithree dollars per ton (Custom House measurement) for the cense. boat or vessel to be employed in the business; to be demanded by and paid to the aforesaid Collector before the said license is delivered, but such license shall not be taken to authorize the planting of oysters nor of dredging for oysters on any of the natural oyster beds only in the months of April, May When and June of the year in which said certificate and license can be had were issued; the said license and any license under this act ral oyster may be demanded at any time for inspection by the Collector beds. aforesaid, or the person then in command of the watch boat ject to inhereinafter mentioned, and failure to produce it shall be evidence that it does not exist. Provided, that nothing contained in this section shall be so deemed or construed as Exception. to require a regular licensed planter who is a resident of this State as aforesaid, and using a boat or vessel one-half of which at least is bona fide owned by bona fide residents of this State as aforesaid, and manned by a crew who are all bona fide residents of this State as aforesaid, to take out a license to dredge on the natural oyster beds of this State, but such regular licensed resident planter as aforesaid shall be required to obtain the certificate mentioned in this section, and such certificate alone obtained shall confer upon such regular licensed resident planter of this State the right to dredge upon the natural oyster beds of this State during the months of April, May and June, only in the year in which said certificate is issued. Any person who shall swear falsely when guilin making any of the oaths or affirmations required by this of persection, shall be guilty of wilful perjury, and shall be prosecuted and punished accordingly. jury. consent SECTION 4. That no person or persons shall dredge for Owner's or otherwise take up any oysters from the plantation of necessary to another without the consent of the person or persons owning his plantasaid plantation. dredge upon tion. Unlawful to without a SECTION 5. It shall be unlawful for any person or persons whomsoever, having no license to dredge for oysters on any dredge of the natural oyster beds of this State or having no license to license upon plant oysters, to dredge for any oysters from any of the natural the natural oyster beds of this State. And it shall be unlawful for any beds. cense un natural during April, May dredge when. OF THE REVENUE OF THE STATE. Having a li-person or persons having a license to dredge for oysters on lawful to any of the natural oyster beds of this State or being a resident reupon planter and having a license to plant oysters and having the beds except proper certificate as hereinbefore required to dredge for or othermonths of wise to catch or take up any oysters from the natural oyster beds and June. of this State at any time excepting during the months of April, Lawful to May and June of the year in which such certificate and license were issued; and it shall be unlawful for any person or persons whomsoever to dredge for or otherwise catch or take up oysters either on their own plantation or on the natural oyster beds of this State at any time after sunset and before sunrise or on the Lord's day commonly called Sunday; and it shall be unlawful for any licensed planter of oysters to dredge for or otherwise catch or take any oysters from his own plantation during the months of July and August of any year. And it shall be unlawful for any boat or vessel used in virtue of an oyster license to plant or dredge to remain on or near the plantation and the natural oyster beds in the bay after sunset, and all oyster boats or vessels used or engaged in planting or dredging for oysters under this act shall not only be retired from their occupation or business at or before sunset, but shall be taken within the land by that time if the wind and tide will allow and no accident to prevent. Unlawful to dredge when. Signal for commenc ing work, how displayed. Signal for retiring, how SECTION 6. A signal for commencing work by the boats or vessels licensed under this act in the morning and for retiring from work in the evening shall be given from the watch boat; such signal for commencing work shall be the hoisting of the flag of the watch boat in the morning at sunrise and keeping the same displayed for one hour at least thereafter, and the signal for retiring in the evening shall be the lowering of the said flag at sunset, which, previously to the lowering thereof at sunset, shall be displayed at least one displayed. hour; this flag shall be of drilling, of navy blue color, six feet by four in length, with a diamond of white in the center, having a diameter of two feet between the points furtherest apart; it shall be displayed at least one hour at her maintopmast head in the morning, during the working days, commencing at sunrise and shall also be displayed at least one hour as aforesaid before sunset. The failure or neglect of the giving of the signal from the watch boat for retiring shall be no excuse for any boat or vessel to remain on or near the plantations or natural beds in the bay after sunset. The said watch boat shall not leave the planting grounds and natural oyster beds but shall cruise up and down the same, if the wind will allow, except when she is compelled by floating OF THE REVENUE OF THE STATE. ice, severe stress of weather, accident, or want of repairs or supplies from remaining in the bay. shall have jurisdiction for violation sions of Sec SECTION 7. Any person or persons who shall violate any Justice of of the provisions of Sections 3, 4 and 5 of this act, shall be the Peace fined the sum of one hundred dollars, and if more than one, each of the said persons shall be fined one hundred dollars, of provi which said fines, with the costs of prosecution, shall be a lien tions 3, 4 upon the boat or vessel used by such offenders from the time and 5. of the seizure thereof as hereinafter provided; and the proceedings for such violation shall be before any justice of the peace of Kent county as herein provided in Section 9 of this act, and the offender or offenders shall be imprisoned until said fines and costs are paid or until such boat or vessel shall be sold as hereinafter provided. on ground sumed guil ing. SECTION 8. When an oyster boat or vessel is sailing over Persons upa plantation or oyster grounds with dredges overboard and of other the men or crew, or a part of them, at the winders on board when preof such boat or vessel handling or working the dredges, it ty of dredgshall be conclusive evidence that the parties on board of such boat or vessel are dredging for oysters; and when a boat or vessel is discovered on the plantation or ground of another so working his boat or vessel with dredges overboard without the owner's permission, it shall be conclusive evidence that such persons are violating that provision of Section 4 of this act which forbids the dredging on the plantation of another without the owner's consent. and main ble watch SECTION 9. For the purpose of protecting the oyster beds in the Delaware Bay and those who plant oysters under this act in the enjoyment of the privilege hereby secured to them, the aforesaid Collector shall, with the moneys paid under the provisions of this act, keep and maintain a suitable vessel as Collector a watch boat not less than twenty-five tons (Custom House shall keep measurement) which shall be of the best quality, well found tain a suitain all respects, and able to keep watch in all weathers, and boat. manned with four men, all of whom shall be experienced and practical seamen, one of them shall be her captain, to be designated by the Collector, and he shall have charge of her, the others shall be subject to his order. She shall be employed When she at all times in the protection of the natural oyster beds of ployed. this State and the plantations of the several planters from depredation, by trespassers, and shall cruise at all times, when the weather will allow, over the oyster plantations and natural beds from one end of them to the other, that no depredation upon any of them may be unseen, and shall not shall be em be kept. Vessel of trespassers OF THE REVENUE OF THE STATE. go to harbor except in stress of weather or when accident or some urgent necessity require it. On board of this boat Book all shall be kept a log book, a record, in which shall be entered the names of every person licensed to plant or dredge for oysters with the number of his license and the time when the same was taken out, and also the name of each person constituting the crew of the different boats or vessels used in dredging for oysters on the natural beds; and upon the command of her captain (or if he be sick or absent) upon the command of the person at the time in charge of her, any other boat or boats, vessel or vessels, together with their respective crews shall aid and assist the watch boat and her crew as a posse comitatus in the enforcement of the several forfeite l. provisions of this act; such enforcement shall be the seizure of the vessel used in the violation of any of the provisions of this act and everything in or belonging to her, and the arrest of her crew, including the master or captain, as herein provided. And it shall be the duty of the captain of the said watch boat to keep a strict and vigilant watch and to see that no violations are made of any of the provisions of this act, and whenever upon his own view or upon reliable information he has good grounds to believe that any boat or vessel is being used in violating any of the provisions of this act he shall forthwith seize such boat or vessel and take her to Little Creek Landing and safely keep the same until sold or discharged by due course of law, and to arrest all the crew Justice of including the captain or master and take them before a justice thece of the peace of Kent county who shall have full jurisdiction jurisdiction, over every violation of any of the provisions of Sections 3, 4 shall have and 5 of this act. In order to give the defendants an opportunity for a fair trial, it shall be the duty of the said justice to fix a day for the hearing, which shail not be more than five days from the time of the arrest, and may be earlier if Power and the defendants so desire. If from any cause the justice shall duties of the be satisfied that the defendants cannot be prepared for trial the Peace. by the day fixed by him he may postpone the hearing to a Justices of day not exceeding five days from the day first fixed; the persons so arrested shall be required to give bail for their appearance on the day fixed for trial in a sum to be fixed by the said justice, and in default thereof shall be committed to the jail of Kent county; upon proof to the satisfaction of the justice that the defendants or any of them are guilty, the said justice shall impose upon the defendant or defendants severally so found guilty a fine of one hundred dollars for such violations together with the costs of proceeding including the costs of OF THE REVENUE OF THE STATE. costs a lien Vessel Notice of sale, how seizing and detaining the said boat or vessel, and the said defendants so found guilty shall be imprisoned until said fines and costs be paid or until such boat or vessel shall be sold as hereinafter provided, which said fines and costs shall also be a Fines and lien upon said boat or vessel from the time of her seizure, and on the the said boat or vessel and everything in or belonging to her seized. shall be detained until said fines and costs be paid; and in case said fines and costs be not paid within fifteen days from the time the same were adjudged by the said justice then the said justice or any other justice of the peace of Kent county shall issue an order to any constable of Kent county commanding the said constable to sell the said boat or vessel and all and everything in and belonging to her to the highest bidder at public sale, on ten days notice, by advertisements posted in six of the most public places in East Dover and Little Creek hundreds, given. and the proceeds, after deducting the fines and costs, shall be paid to the owner or owners of said boat or vessel, but if said proceeds shall not be sufficient to pay the whole of said fines and costs the proceeds shall be first applied to the costs and Proceeds, the balance thereof to the fines, and thereupon any persons distributed. who may have been imprisoned by reason of non-payment of Persons imsaid fines and costs shall thereupon be discharged from when disimprisonment. Provided, that parties defendant in the pro- ppeal to ceeding may appeal to the Court of General Sessions of the Peace and Jail Delivery upon giving security by bond with Sessions. surety to the justice of the peace, in the name of the State of Delaware, in a sum double the amount of the fine imposed to prosecute the said appeal with effect at the next term of the said court. The appeal shall be tried at said term by jury, unless the court continue it, and upon certificate by the clerk that the appeal was not prosecuted in due time, or was decided against the appellant, the bond shall be forfeited and be at once proceeded upon at the instance of the Collector. The appeal shall be a supersedeas; but it shall not be granted after the expiration of fifteen days from the time of the imposition of the fine. how prisoned, charged. Court of General SECTION 10. Upon complaint made by any person before any justice of the Peace in Kent County supported by oath or affirmation that any boat or vessel has been used or is being used in violation of any of the provisions of Sections 3, 4 Duty of and 5 of this act, it shall be the duty of the said justice to issue a Justice warrant under his hand and seal, directed to the captain of the complaint. watch boat, commanding him to seize such boat or vessel and to arrest all her crew including the captain or master, and the said captain of the watch boat shall forthwith proceed as |