Duty of How pro ceedings are tuted. OF THE REVENUE OF THE STATE. provided in Section 9 of this act, and the proceedings before the justice of the peace shall be the same as therein provided, with the right of appeal as aforesaid. When the Collector shall have knowledge or reliable information that any boat or vessel has been used or is being used in violation of any of the provision of Sections 3, 4 and 5 of this act it shall be his duty forthwith to order the captain of the said watch boat to seize such boat or vessel and arrest all of her crew including her captain or master, and thereupon the said captain of the watch boat shall proceed in the same way as is provided in the aforesaid Section 9 of this act, and the proceedings before the justice shall be the same as therein provided, with a right of appeal as aforesaid. If the captain of the watch boat shall be absent or incapable of acting in the premises. the person at the time in charge of said watch boat shall do and perform all the matters and things herein required of the captain of the watch boat. SECTION II. Upon parties charged with the violations of to be insti- any of the provisions of Sections 3, 4 and 5 of this act being brought before the justice he shall inquire their names and upon refusal to give them he may assign to them in his proceedings any names he may choose, which shall be taken to be their true names, and they shall be further described as belonging to the boat or vessel seized which shall be named also. Form. The proceedings may be according to the following form : The State of Dela ware. VS. A, B, C, D, E, F, boat or vessel Proceeding for violation of Sectionof the act entitled, "An Act in Relation to Oysters." day of A. D., the And now to wit this OF THE REVENUE OF THE STATE. Kent county until the said fines and costs be paid or until the said boat or vessel be sold; and it is further ordered, that if the said fines and costs be not paid in fifteen days, that the said boat or vessel and her implements as aforesaid and all her appurtenances be sold by M. W., constable, to the highest bidder on ten days notice by advertisements posted in six of the most public places in East Dover and Little Creek hundreds. J. D. be used. J. P. SECTION 12. In the performance of the duties enjoined Force may by this act the crew of the watch boat and those aiding them. voluntarily or upon requisition as aforesaid may use any force necessary for that purpose, and in any proceedings against them either civil or criminal they may plead this act in justification or give it in evidence under the general issue. sisting of watch ing, guilty meanor. SECTION 13. If any person shall resist the crew of the Any one rewatch boat and those who may be acting in aid of them or either crew any of such persons in the enforcement of this statute, he tr shall if such resistance do not endanger life be guilty of a those assistmisdemeanor, and upon conviction by indictment he shall be of a misdefined one hundred dollars; if life be endangered but not taken when guilhe shall be deemed guilty of felony, and upon conviction by ty of felony. indictment he shall be fined five hundred dollars, and exposed in the pillory one hour and imprisoned one year; if life when of be taken by the resisting party he shall be guilty of murder murder. in the first degree. dents shall Fee for license. SECTION 14. That any non-resident person desiring to Non-resi plant or continue the planting of oysters in the Delaware Bay pant withand prohibited under this act from dredging for oysters on out a license the natural oyster beds of this State may obtain a license under Section 2 of this act for planting oysters and taking up the same by paying the usual fee for ground rent as prescribed in this act, and the further sum of two dollars per ton (Custom House measurement) for the boat or vessel to be used in the business of working the plantation as is also prescribed in said Section 2 of this act; and the person taking out a license for himself under the provisions of this Section shall make shall take an oath to be administered by the collector herein- oath. atter provided for before the license is delivered that he will not violate or consent to the violation, nor allow the boat or vessel used by him in the prosecution of the business for which said license is granted to be employed in the violation of this act. Number of used under a license. OF THE REVENUE OF THE STATE. SECTION 15. A license to plant under this act *to dredge vessels to be merely shall be taken to allow the use of one boat or vessel only in the business, and in every case of license granted the applicant shall state the name of such vessel and the license shall have her name inserted therein. And that no right to plant or dredge for oysters shall under any circumstances exist or be exercised until license in due form is issued and paid for. Stakes to be set at what time. Persons de siring ground shall notify tor of its location. Duty of Collector when notified. SECTION 16. All persons having plantations and the stakes having been carried off by ice or otherwise,' shall be required to restake them in the same manner as prescribed in Section 2 of this act by the first day of May in each and every year; and a failure to comply with this Section in three months after the first day of May shall forfeit all right or claim to said plantation and it shall revert to the State and it may be at any time thereafter staked off as new ground in accordance with the provisions of this act. SECTION 17. Any person desiring to stake up new grounds shall be required to notify the Collector of the location that the Collec he has chosen and if it be within three hundred yards of the plantation of another or the plantations of others it shall be the duty of the said Collector to notify the owner or owners of said plantations; and if such owner or owners or any of them object, he or they must make their objections in writing to the said Collector, and it shall be the duty of said Collector to hear the objections, and if it should appear that the persons so objecting had good reasonable grounds for such objection, and that their property would be thereby endangered, then he shall refuse to allow the person so desiring to stake up the ground so selected by him. When vessels shall be allowed to work. SECTION 18. That no boat or vessel whatever shall be allowed to work until her owner has complied with the law in regard to wearing her number of legal dimensions upon her mainsail; and no boat or vessel having a license to dredge for oysters on the natural oyster beds of this State shall be allowed to do so until her owner or owners have complied with the law in regard to wearing the letter in or on her mainsail as provided in this act, and if any boat or vessel sels shall be shall be used without having such number or letter, as the case may be, she shall be seized by the captain of the watch boat and detained by him until her owner or owners shall have complied with the law in regard to such number or letter, as the case may be, and before she shall be allowed again to work When ves seized. OF THE REVENUE OF THE STATE. dredge. or dredge for oysters her owner or owners shall pay the Collector the costs and expenses of her seizure and detention. SECTION 19. It shall be unlawful for any boat or vessel licensed to dredge on the natural oyster beds of this State to use a dredge that has a tooth bar over forty inches (40) in Size of length between the shoulders; and any violation of the provisions of this section shall ipso facto work a forfeiture of the license issued for the use of such boat or vessel, and all when forright to work such boat or vessel under such license shall feiture of immediately cease; and another license shall not be obtained be had. for the said boat or vessel until the expiration of the year for which the license so forfeited was issued. license hall name of ves SECTION 20. Every boat or vessel used or employed in planting or dredging for oysters under the provisions of this act, shall have her name plainly painted on her stern at the Location of usual place, in white letters upon a black ground or black sel. letters upon a white ground, so that the same may at all times be visible; and any boat or vessel used for planting or dredging for oysters under the provisions of this act and not having her name plainly painted on her stern as aforesaid shall be seized by the captain of the watch boat and detained Non-comby him until her owner or owners shall have complied with shall cause the law in regard to her name being plainly painted on her a seizure stern as aforesaid, and before she shall be allowed again to of vessel. work or dredge for oysters her owner or owners shall pay to the Collector the costs and expenses of her seizure and detention. pliance and deten neglect on Captain or perform the SECTION 21. If the said captain of the watch boat, or the Refusal or Collector provided for by this act, shall refuse or neglect to the part of perform any of the duties required of them respectively Collector to under this act, he shall be deemed guilty of a misdemeanor duties preand upon conviction thereof by indictment shall be fined not misdemeanless than fifty dollars nor more than one hundred dollars or together with the costs of prosecution. scribed, a Fine. of pay, SECTION 22. That neither the captain of the watch boat Deduction nor any of her crew shall receive any pay for the time made. not actually and actively spent in the discharge of the duties required by this act, but such time shall be deducted in the computation of their wages. dred dollars SECTION 23. That the sum of three hundred dollars Three hunannually be and is hereby set apart and appropriated out of appropriat the oyster fund to the Levy Court of Kent County; and the said Levy Court is hereby authorized and directed to appro-fair of a ed out of the oyster fund the re certain road, Duty of the Collector concerning boat. OF THE REVENUE OF THE STATE. priate the whole of said sum in improving that part of the road from Little Creek Landing to Mahon's River which lies between the run and fast land, and for that purpose shall appoint annually in the month of March some skillful and judicious road overseer to superintend and make such repairs, and said overseer shall be subject in all respects to the general laws governing other road overseers. SECTION 24. The collector is hereby authorized and rethe quired to furnish the watch boat with six tons of coal and one cord of wood in each and every year; and he shall also keep the said watch boat supplied with a proper flag as herein before mentioned, and when the said flag shall be lost or destroyed or worn out he shall supply the said watch boat with a new flag in accordance with the provisions of this act, and the expense of such flag, wood and coal, shall be paid out of any funds he the said collector may have in hand belonging to the State. Justices jurisdiction. how brought. tice and offi cers. SECTION 25. Any justice of the peace of this State resident in Kent County shall have jurisdiction over every violation of the provisions of Sections 3, 4 and 5 of this act and the proceedings for every violation of the provisions of said Sections 3, 4 and 5 of this act shall be before a justice of the Proceedings peace resident of Kent County with right of appeal as aforesaid; and all proceedings against any offender or offenders under this act shall be in the name of the State of Delaware. The fees to the justice and any officer rendering service under Fees of Jus- this act for violations thereof shall be the same as now provided by law for like or similar cases; and any or all fines which may be imposed under the provisions of this act, and Fines, when which may be received or collected by any constable of Kent County shall be forthwith paid by said constable to the collector, and the failure to pay over such fine or fines to the collector within ten days after the same may be received or collected by any constable shall be a breach of his official obligation, and it shall be the duty of the collector forthwith to pay fines to cause suit to be brought on such official obligation of such constable so failing to pay such fine within the time aforesaid; and for this purpose the said collector may employ any attorney at law to prosecute such suit and the expenses of such employment shall be paid out of any funds he may have in hand belonging to the State. paid. In case there is a failure to Collector, how collected. Collector to be appoint ed by the Governor. SECTION 26. In order to carry into effect the provisions of this act there shall be an officer known as Collector of the |