OF FISH, OYSTERS AND GAME. CHAPTER 564. OF FISH, OYSTERS AND GAME. AN ACT for the protection of fish in Broadkiln River, Sussex County, Delaware. Be it enacted by the Senate and House of Representatives* in General Assembly met: seines in river at certain SECTION I. It shall be unlawful for any person or persons Length of to haul, drift, or float any seines or nets longer than forty- Broadkiln two fathoms in the waters of Broadkiln River or in the waters known as Broadkiln Sound in Sussex County, Delaware, or use any other device to prevent fish from ascending said river into fresh water between the fifteenth of March and the first day of June for the purpose of catching shad, herring or any other kind of fish. violating .this act. SECTION 2. Any person or persons violating Section I of Penalty for this act shall upon the oath or affirmation of any person or Section 1 of persons shall be arrested and be brought before any Justice of the Peace in said county, and upon proof and conviction thereof the said person or persons shall be fined a sum not less than ten dollars nor more than twenty dollars, and shall forfeit his seine and boat. Upon failure of paying such costs and fine, he shall be committed by said Justice to the custody of the sheriff until such fine and costs be paid. One-half of the fine to be paid to the informer, the other half to be paid to the clerk of the district in which the action is brought for the benefit of the free schools. Passed at Dover, April 23, 1889. *So enrolled. OF FISH, OYSTERS AND GAME. Sections 9 and 10 of Chapter and Section Laws of amended. CHAPTER 565. OF FISH, OYSTERS AND GAME. AN ACT in relation to game. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That Section nine (9) of Chapter 507, Volume 17 of Laws of Delaware, be and the same is hereby amended 507, Vol. 17, by inserting between the words "accordingly" and “if” in 2 of Chapter the thirty-sixth (36) line of said Section 9 the following 100, Vol. 18, words: "Provided, That nothing herein contained shall preDelaware, vent any citizen of this State from shipping or taking from this State into any other State, or from any county in this State into any other county, any of the birds or animals mentioned in this act to the number of one dozen or less at any one time without requiring any license to be taken out or any affidavit to be made as a prerequisite thereto. Also amend Section 10 of said act by inserting between the words "act" and "and" in the eleventh line thereof the words "or the number so transported be one dozen or less and shipped by a citizen of this State." SECTION 2. Be it further enacted,, That Section 2 of Chapter 100, Volume 18, Laws of Delaware, be and the same is hereby repealed and stricken out of said Chapter 100 of Volume 18, Laws of Delaware. Passed at Dover, April 25, 1889. OF MUSKRATS. CHAPTER 566. OF MUSKRATS. AN ACT for the protection of Muskrats. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: kill musk tween April offence. imprisoned SEC. I. That it shall be unlawful for any person within Unlawful to this State to take, kill or capture by any means whatever, rats beany muskrat or muskrats between the tenth day of April and 10 and the fifteenth day of November in any year, and any person so Nov. 15, offending against the provisions of this act shall be deemed guilty of a common nuisance, and upon conviction thereof Penalty $5 before any Justice of the Peace in this State shall be fined five for each dollars for each and every offense; and if such person shall fail or refuse to pay such fines and costs, the said Justice shall May be forthwith commit him to the custody of the sheriff until the same shall be paid. One-half of said fine to the use of the One-half of State, the other half to the use of the informer, and any per- informer. son having such muskrats in his possession shall be deemed to Possession have taken, killed or captured the same in violation of the of killing. provisions of the act, unless the contrary be proved. Pro- Proviso. vided, however, that this act shall not apply to taking or kill- Applicable ing muskrats on any improved or embanked marsh. This act to Kent shall not apply to New Castle or Sussex Counties. SEC. 2. That all acts or parts of acts inconsistent with this act are hereby repealed. SEC. 3. act. This act shall be deemed and taken to be a public Passed at Dover, Delaware, February 18, 1889. fine to evidence county only ΙΟ OF MUSKRATS. Unlawful to kill musk Castle Co. between March 15 and Dec. 1. for each offense. CHAPTER 567. OF MUSKRATS. AN ACT for the protection of Muskrats within New Castle County. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That it shall be unlawful for any person rats in New within New Castle County to take, kill or capture by any means whatever, any muskrat between the fifteenth day of March and the first day of December in any year; and any person offending against the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction Penalty $5 thereof before any Justice of the Peace shall be fined five dollars for each muskrat so taken, killed or captured, and if such person shall fail or refuse to pay such fine and costs, the imprisoned said Justice shall forthwith commit him to the custody of the sheriff until the same are paid, one-half of said fine for the fine to use of the State, the other half for the informer; and every informer person having such muskrat in his possession, shall be evidence of deemed to have taken, killed or captured the same in violation of the provisions of this act, unless the contrary be proved; Provided, however, this act shall not apply to the taking or killing muskrats on any embanked or improved marsh. May be One-half of Possession killing. Proviso. Passed at Dover, March 7, 1889. OF MUSKRATS. CHAPTER 568. OF MUSKRATS. AN ACT for the protection of Muskrats in Sussex Co. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: kill musk March 30 for each SECTION I. That it shall be unlawful for any person with- Unlawful to in this State to take, kill or capture by any means whatever rats beany muskrat or muskrats between the thirtieth day of March ween and the first day of December in any year, and any person so and Dec. 1. offending against the provisions of this act shall be deemed guilty of a common nuisance, and upon conviction thereof before any Justice of the Peace in this State, shall be fined Penalty $5 five dollars for each and every offense; and if such per-offense. son shall fail or refuse to pay such fines and costs, the said Justice shall forthwith commit him to the custody of the May be sheriff until the same shall be paid. One-half of said fine to One-half of the use of the State, the other half to the use of the informer, fine to and any person having such muskrat in his possession shall informer. be deemed to have taken, killed or captured the same in vio-é evidence lation of the provisions of this act, unless the contrary be of killing. proved; Provided, however, that this act shall not apply to Proviso. taking or killing muskrats on any improved or embanked marsh, mill pond or branch. This act shall not apply to New Castle or Kent counties. SECTION 2. That all acts or parts of acts inconsistent with this act are hereby repealed. SECTION 3. public act. This act shall be deemed and taken to be a Passed at Dover, April 19, 1889. imprisoned. Possession |