OF THE REVENUE OF THE STATE. idence and nor to re be sworn or Oyster Revenue who shall be appointed by the Governor and shall reside at or near the village of Little Creek in Kent Place of resCounty and shall hold his office for the term of two years or term of until his successor be appointed; but the Governor may at office. any time within that term remove the Collector and appoint Power of another in his stead, upon sufficient cause shown him there- the Goverfor, but the official bond of the Collector so removed shall move. nevertheless be continued in force and he and his sureties. therein shall be liable thereon for any breach of the duties of his office; before the Collector shall enter upon the duties of his office he shall give bond with surety to be approved by Bond. the Governor to the State of Delaware in the penal sum of ten thousand dollars ($10,000.00) conditioned for the faithful performance of the duties of his office, and he shall also be sworn or affirmed that he will taithfully and impartially per- Collector to form the duties of his office; the official bond of the Collector affirme shall be recorded in the Recorder's office of Kent County and the original (which shall be filed in the office of the Secretary of State) or a copy thereof from the record duly certified shall be evidence. The person who held the office of Collector immediately prior to the passage of this act shall continue in office for two years from the date of his commission unless he be removed by the Governor upon sufficient cause shown to him therefor but he shall within fifteen days from the passage of this act give bond with surety to be approved by the Governor as herein required of newly appointed Collectors, and a failure to give such bond within fifteen days from the passage Time in of this act shall work a forfeiture of his office, and the Gov-shall be ernor shall appoint another person as collector in his stead; but the official bond which he may have given prior to the Forfeiture passage of this act shall continue in force and he and his of office sureties therein shall be liable thereunder for any breach of to give bond duty which may have been or may be committed prior to me. giving his new bond. which bond given. upon failure within what Governor. SECTION 27. The Governor shall cause the necessary to supply licenses under this act to be prepared and supplied to the Col- licenses. lector aforesaid to be dispensed by him when called for under this act; they shall be in the usual form except that they shall be adapted to the nature of the privilege granted. SECTION 28. That the Collector shall issue no license nor permit any boat or vessel to dredge until the price or tee for said license has been actually paid, and the collector violating this provision shall not only be responsible for said license fee, but shall in addition thereto forfeit a like sum to the State Collector shall issue licenses. Compensa Collector. tion to the OF THE REVENUE OF THE STATE. which shall be sued for and collected by action on his official bond as in other cases of a breach of the condition thereof. SECTION 29. The compensation to the said collector under tion to the this act shall be ten per centum of the money collected and paid over to him, but shall not exceed the sum of one thousand dollars per annum; and that to the captain and crew of the watch boat shall be seventy-five dollars per month for the captain, and forty dollars per month for each of the crew they finding their own board, which shall be paid out of the money collected under this act, a sufficient amount of which 'is hereby appropriated for that purpose which shall be paid as hereinafter directed. Captain and crew. Accounts of the collector, how kept. Payments lector, how made, and to whom made. SECTION 30. That the collector shall keep a separate account in the Farmers' Bank at Dover of all moneys received by him for licenses issued and fines imposed under this act and shall deposit weekly all moneys received by him therefor, and all disbursements which he is or may be authorized by law to make shall be by checks drawn on said funds in his official capacity which shall be indicated by the written or printed word "Collector" immediately after his name; the checks shall be numbered consecutively from first to last during his continuance in office; shall state briefly what they are for; and the bills for which they are given shall have a corresponding number; and shall be filed in order in the office of the collector and shall be subject to the inspection of any citizen and tax-payer who may wish to examine the same; and no disbursement shall be made by the said collector in any other way. SECTION 31. That the said Collector shall on or before the by the col fifteenth day of March, in each and every year pay over to the made, when State Treasurer for the use of the State all the residue of the moneys received by him under this act after deducting the amount paid out by him under the authority of this act together with his commission. The first payment under this act to be on or before the fifteenth day of March A. D. 1888, and he shall at the same time make and deliver to the said State Treasurer an itemized account or statement of all moneys received by him from all sources under this act, and the name of the person or the persons and the boat or vessel used by him or them; from whom he received said money; and also paid out under this act and to whom paid to, with the proper vouchers for the same under his oath thereto attached to the said account or statement in the following words to wit: OF THE REVENUE OF THE STATE. STATE OF DELAWARE, day of this Form of panying Be it remembered that on oath accomA. D., personally came before me statement. , a Notary Public for the State of Delaware, A. B., Collector of the Oyster Revenue, and being by me duly sworn upon the Holy Evangels of Almighty God deposes and says that the above and foregoing is a just and true account of all moneys received and paid over to him under and by virtue of this act and the disbursements of the same from the fifteenth day of A. D. to the day of A. D. and he further deposes and says that there is no item or matter charged in said account and paid for by him but what is authorized by law. [SEAL.] Sworn and subscribed before me aforesaid. the day and year A. B., Collector. C. D., Notary Public. of misde And if the said Collector in rendering such account or Collector statement to the said State Treasurer shall make any false or making false statefraudulent statement of the amount received by him or shall ment guilty in drawing checks (the checks as prescribed to be drawn in meanor. this section) for the payment of the expenses incurred and other bills authorized to be paid by law, specify therein a greater amount than was contracted to be paid for the service or items for which any such check may be drawn or which shall not be the true amount which the person in whose favor any such check may be drawn, he shall be deemed guilty of a misdemeanor and on conviction thereof by indictment shall be fined one hundred dollars, one-half for the use of the Fine. informer and the residue for the use of the State, and such. conviction shall ipso facto work a forfeiture of his office. and account lished an SECTION 32. It shall be the duty of the Collector to have Statement his annual statement or account published in two newspapers to be pubprinted in the town of Dover in the month of April of each annually. and every year. of money SECTION 33. That the money paid over to the State Treasurer directed under this act shall be kept as a separate fund, and when the amount is sufficient it shall be applied by Application him to the purchase of a State bond or bonds, which said paid to fund shall from thenceforth constitute part of a sinking fund urer by the for the payment of the public debt. State Trea Collector. of this act SECTION 34. That none of the provisions of this act shall Provisions extend or apply to that part of the Delaware Bay embraced shall not inwithin the following limits, viz: Beginning at the mouth of tain part of clude a cer Bay. LAWS OF DELAWARE. OF THE REVENUE OF THE STATE. Delaware Leipsic Creek and running in an easterly course to a spar buoy on Goose Point Bar; thence in a northwesterly course to the Black Can Buoy, No. 15, off the point of the bar at Bombay Hook; thence a westerly course to the beach; and all the provisions of the act entitled "An Act in Relation to the Tonging of Oysters," passed at Dover, April 2, 1885, shall remain and continue in full force and effect, and shall not in anywise be altered, changed or affected by this act. Provisions of act con certain cases. SECTION 35. That the provisions of Section 3 cerning res- act in relation to idence shall continuous residence of six months in this of this not apply in State shall not apply or extend to any bona fide resident of Kent county who have actually moved into Kent county with a bona fide intention of remaining here permanently prior to the first day of February, A. D. 1887, but who have not been such bona fide resident of this State for six months prior to the time of the making of their application for the certificate required by said section; and such persons shall not be affirmation required to make the oath or affirmation provided for in said in certain section as to a continuous six months resident, provided such oath or affirmation be made before the expiration of six months from the time they actually become bona fide residents of this State. Oath or not required cases. Inconsistent acts repealed. Exception. SECTION 36. All acts and parts of acts except the act entitled An Act in Relation to the Tonging of Oysters, passed at Dover, April 2d, 1885, which are supplied by or are inconsistent with this act be and the same are hereby Exception. repealed, made null and void. ever, that all the provisions of said acts shall remain in force, Saving and excepting, howfor the purpose of continuing, maintaining and prosecuting to final judgment and execution any proceedings that may have been commenced for violations of any of the provisions of said acts, including any and all appeals which may have been taken or entered in any of said proceedings, and the appeal bonds which may have been taken in any appeals shall continue in full force and effect and suit thereon may be commenced and prosecuted to final judgment and execution; and saving and excepting further that the official bond of any collector who may have held the office of collector prior to the passage of this act shall continue in force. Collector and his sureties therein shall continue liable for any And such breach or breaches of any of the conditions of said bond. And said bond may be proceeded on to final judgment against the principal and sureties therein for any breach of the Exception. condition thereof. OF THE REVENUE OF THE STATE. Duty of the State. Collector. SECTION 37. It shall be the duty of the Secretary of State as soon as conveniently may be after the passage of this act to Secretary of cause 200 copies of this act to be printed on good foolscap paper and to deliver the same when printed to the Collector appointed under this act, and the said Collector is hereby Duty of the directed to furnish one copy of this act to any boat or vessel licensed under this act and he shall also supply one copy to any captain or master of an unlicensed oyster boat or vessel who shall apply to him for the same; but no neglect or failure of the Collector in this respect shall exonerate or excuse any one violating any of the provisions of this act. SECTION 38. That nothing in this act shall be so strued as in any manner to repeal, alter or amend any act lating to the catching of oysters in the creeks or rivers of State. Passed at Dover, March 28th, 1887. con- Shall not in re-affect or althis concerning any manner ter the law the catching of oysters in creeks or rivers. CHAPTER 6. OF THE REVENUE OF THE STAΊ Ε. AN ACT to reserve a Section of the Delaware Bay within the limits of this SECTION I. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: That on and after the passage of this act there shall be laid off for fishing and for domestic oyster purposes, the following described portion of the Delaware Bay in this State. shall not be the prescrib ed limits ex inafter pro First, that portion lying between two parallel lines and Oysters running due east to the middle of the Ship Channel, the first planted in point to commence two miles south of the middle of the mouth of Murderkill Creek, and to run due east, and the ceptas heresecond point to commence in the middle of the mouth of vided. Mispillion Creek and run a like due east course, and there shall not hereafter within the herein described limits be any oysters planted in the land staked up for such purposes except as herein provided, and in case any such oysters should be |