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OF FISH, OYSTERS AND GAME.

CHAPTER 560.

OF FISH, OYSTERS AND GAME.

AN ACT to amend Section 3, Chapter 507, Volume XVII, Laws of Delaware, concerning the taking or killing of speckled brook trout and black bass.

Section 3,

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

SECTION 1. That Section 3, Chapter 507, Volume XVII, Chapter507. Vol. 17, Laws of Delaware, be, and the same is hereby amended, by amended.

striking* the word “four" in the fourth line of said Section, and inserting in lieu thereof the word "six."

Fasseo nt Dover, April 1, 1889.

CHAPTER 561.

OF FI:H, OYSTERS AND GAME.

AN ACT for the protection of fish in New Castle County. Be it enacted by the Senate and House of Representatives of* Delaware in General Assembly met:

SECTION 1. Unlawful to

Any person who takes or catches any black tako black bass or trout from any of the waters of New Castle County at certain between the first day of November and the first day of June, times.

in any year, shall pay a fine of five dollars for each fish so Penalty.

caught, taken or possessed, with costs of prosecution. May be

SECTION 2. A person engaged in the artificial culture or

maintenance of fish, may take fish at any time for stocking four tocking ponds and creeks, and for no other purpose, and may grant

permits in writing for other persons to capture fish for artifi-
cial propagation.
SECTION 3

A person who takes or catches from any of

taken at any time

*So enrolled.

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OF FISH, OYSTERS AND GAME.

Penalts for

vision.

the waters of New Castle County any black bass or trout less Certain fish.
than six inches in length and does not immediately return turned to
the same, with the least possible injury, to the waters from the waters.
whence they were taken or caught, or has in his possession
any black bass or trout, less than six inches in length, caught
or taken from any of the waters of New Castle County, shall
be fined not more than ten dollars for each tish so taken, violating
caught or possessed; and the possession of any such fish shall this pro-
be prima facie evidence that the same was caught or taken
from the waters of New Castle County.
SECTION 4.

The penalties provided in the three preceding Penalties
sections, and costs of suits for every such offense, shall be re-
coverable before a Justice of the Peace by an action of debt biolore Jus-
in the name of the State of Delaware as debts are now recov- Pence.
erable by law, one-half to be paid to the Delaware Rod and
Reel Association, and the other half to the informer. If such
fine or costs are not paid as herein provided, then such person
or persons shall undergo an imprisonment in the County Jail
for five days.

Passed at Dover, April 11, 1889.

may be re-
covered

CHAPTER 562.

OF FISH, OYSTERS AND GAME.

AN ACT in relation to the catching of oysters in certain creeks and rivers

of this state.

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

SECTION I. That from and after the passage of this act, it l'nlawful to shall be unlawful to take or catch by nieans of tongs or in ters in cerany manner whatsoever for the purpose of planting in Dela-okriver for ware Bay or for the purpose of selling for planting purposes plarptines. in the Delaware Bay, any oysters from Leipsic River, formerly called Leipsic Creek, Dona River, also called Dona Creek, Simon's Creek, Mahon's River, St. Jones' River, Little Creek, Murderkill River and Mispillion River, or within a

OF FISH, OYSTERS AND GAME.

Proviso.

distance of three hundred yards of the mouths of the aforesaid Creeks or Rivers in the Delaware Bay.

SECTION 2. That it shall be unlawful for any person to catch or take by means of tongs or otherwise any oysters from any of the creeks or rivers named in Section 1 of this

act or within the limits prescribed in said Section 1 unless he Tiene for shall have paid to the Collector of Oyster Revenue the sum taking out of five dollars for a license to take or catch oysters from said tain creeks aforesaid creeks, rivers and limits described in Section 1 of or rivers.

this act, together with the further sum of fifty cents to the Collector as fee for issuing the same, and has received from said Collector a license therefor; Provided, however, That persons catching or taking oysters for family use shall not be compelled to take out a license therefor.

SECTION 3. That it shall be unlawful for any person to t'nlawful to take for sale

eatch at any one time for the purpose of sale from any of the more than aforesaid creeks or rivers or from the limits prescribed in Secat one time. tion i of this act, any quantity of oysters exceeding twelve

bushels.
SECTION 4.

That it shall be unlawful for any person to catch or take any oysters in the following named creeks or

rivers or within a distance of three hundred yards from the Waters be- mouths of the said rivers and creeks hereinafter named into last day of the Delaware Bav, to wit: Dona River or Dona Creek, ist of Sept. Simon's Creek, Mahon's River, Leipsic River and Little

Creek, between the last day of June and the first day of Sep

tember, and in St. Jones' River and Murderkill River and creek and within the limits prescribed in Section 1 of this act between Murlerkill the fifteenth day of April and the first day of October, and in is and theil Vispillion River and the limits prescribed by Section í of this ist of Oct. act, between the fifteenth day of April and the first day of

October; Provided, however, That citizens of this State, beProviso.

tween the days specified, may catch or take for home consumption from Dona River or Dona Creek, Simon's Creek, Mahon's River, Leipsic River and Little Creek, a qnantity of oysters, not exceeding two bushels at any one

time. License to SECTION 5. Each license issued by the Collector, for the ed and con- purpose aforesaid, shall be numbered and contain the name of

the

person to whom said license is issued and the boat used Boat also to

for the purpose of catching or tonging oysters for the purpose

aforesaid, shall have a number corresponding to the number responding

of said license issued to the owner of said boat, painted in

Unlawful to catch Oysters in certain

June and

Int. Jones

tain name of person.

have cor

number.

OF FISH, OYSTERS AND GAME.

this act.

black

upon the side of the boat above the water line in figures Size of at least six inches long and one-half of an inch wide. The boat. license so issued by the Collector shall authorize the use of one boat, and but one license shall be issued to one and the

Penalty for same person.

The said license shall last only one year and violating must be renewed annually and the like sum as provided in visions of Section 2 of this act must be paid at the time of each renewal.

SECTION 6. Any person or persons who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than fifty dollars, and upon failure to pay said fine shall be imprisoned for a term not less than three nor more than six months. The Justices of the Justices of Peace of the counties of Kent and Sussex are clothed with to have jurisdiction to hear and determine all violations of this act,

jurisdiction. and the method and manner of procedure shall be the same as that prescribed in Chapter 5, Volume 18, Part 1, Laws of Delaware. SECTION 7.

That it shall be unlawful for any person Unlawful to directly or indirectly by himself, agent, employee, or any oysters for person whomsoever, to sell or in any manner dispose of planting any oysters, taken or caught from any of the creeks or rivers caught in or within the limits named in Section 1 of this act, to any prescribed person, his agent or employee for the purpose of planting the of this aet. same in the Delaware Bay. Any person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any Justice of the Peace in Kent and Sussex counties, who are hereby clothed with jurisdiction to hear and determine all violations of this section and to impose fines and im

Penalty for prisonments, shall be fined not less than twenty-five nor more violating than fifty dollars, and upon failure to pay said fine and the this section. costs imposed shall be imprisoned for a term not less than three nor more than six months for each and every offence.

SECTION 8. Any person convicted before a Justice of the Convicted Peace for violation of any of the provisions of this act shall have harson a right of appeal to the Court of General Sessions of the Peace of appeal. and Jail Delivery of the State of Delaware for the county in which the conviction occurs; Provided, that said appeal shall appeal to be taken in five days and that security shall be given to be his maken in approved by the Justice in double the amount of the fine and costs imposed by the said Justice, and upon such appeal being duly entered as in the case of other appeals in like cases it

1

OF FISH, OYSTERS AND GAME.

Revenue

shall be the duty of the Attorney General to appear for the State and prosecute such case.

SECTION 9. The revenue obtained from the issuing of obtained by licenses under this act shall be applied in the same manner as how applied the revenue obtained from the laws relating to the oyster rev

enue, and the same commissions allowed the collector under the laws now in force shall likewise be allowed the collector for monies collected under the provisions of this act.

SECTION 10. That the Governor is hereby authorized to have all

have prepared all licenses necessary to be issued under this act under this by the collector aforesaid.

SECTION II. This shall be deemed and taken to be a public act, and all acts or parts of acts inconsistent herewith are hereby repealed.

Passed at Dover, April 10, 1889.

Governor to

licenses prepared

act.

CHAPTER 563.

OF FISH, OYSTERS AND GAME.

AN ACT to amend Chap'er 506, Vol. 17, 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 Chapter 506, Volume 17, Laws of DelaVolume 17, ware, be and the same is hereby amended by adding at the

end of Section 2 thereof the following: Provided, That the amended. psovisions of this section shall apply to those citizens of this

State only who may desire to fish for sturgeon or with nets exceeding seventy-five (75) fathoms in length."

Passed at Dover, April 16, 1889.

Section 2 of
ChaỊ). 01 6,
Delaware
Laws

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