leeted to be County Treasurer county. Appeal to General Sessions. OF THE REVENUE OF THE STATE. Money col- made by the constable, after deducting the costs, which shall paid to the be retained by said officer and paid to the parties entitled, shall be paid over to the County Treasurer of Sussex county. of Sussex Provided, that the parties defendant may appeal to the Court of General Sessions of the Peace and Jail Delivery within ten the Court of days from the time when judgment was rendered, upon giving bond to the State with security to be approved by the justice of the peace, in a sum double the amount of the fine imposed and the value of the property seized by the constable, conditioned that if the said appeal shall be prosecuted with effect then the same shall be void, otherwise to be in full force and effect. The proceedings shall be in the name of the State of Delaware, and upon the docketing of the appeal in the Court of General Sessions of the Peace and Jail Delivery the Attorney General shall answer to the appeal and conduct the case for the State. Attorney General shall appear for the State. Owners and agents au makе ar rests. SECTION 8. That the owner or owners of the plantation thorized to prescribed and authorized within the limits set forth in Section one of this act and all persons deputized by him or them as his or their agents shall have the right and are hereby clothed with full power and authority to make arrests for any violation of the provisions of this act, as duly constituted officers of the Laws of Delaware, and their acts and doings as such shall be respected as legal and valid. Passed at Dover, March 7, 1887. Öyster planlation shall CHAPTER 5. OF THE REVENUE OF THE STATE. AN ACT in Relation to Oysters. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: SECTION 1. All oyster plantations not exceeding fifty be the pos- acres occupied and used by boats or vessels of over nine the planters tons (Custom House measurement) and all plantations not exceeding thirty acres occupied and used by boats of the tonnage of nine tons (Custom House measurement) and session of provided They pay the pres cribed rent OF THE REVENUE OF THE STATE. nage rate. designated under, heretofore made in the Delaware Bay, shall be deemed and the ton- plantations treated. nated. sel engaged oyster beds priate that bay south of Mahon River and west of Blake's channel following lines: One Mahon House, the point in the dinary high two miles the mouth kill Creek. Saving clause. OF THE REVENUE OF THE STATE. black, eighteen inches long, to be designated in the license, and to be in orderly succession from the beginning of the alphabet. SECTION 2. Any person or persons may appropriate to his or their own use a part not exceeding fifty acres for boats or vessels to be used by him or them of a larger tonnage May appro- than nine tons (Custom House measurement), and a part not part of the exceeding thirty acres for boats or vessels to be used by him or them of nine tons and under (Custom House measurement), of the bottom of the Delaware Bay, south of Mahon River and west of Blake's channel, and embraced and lying between between the the two following parallel lines, to wit: one drawn due east parallel from Mahon River light-house and the other due east from a drawn due point in the shore at ordinary high water mark two miles east from south of the middle of the mouth of Murderkill Creek, River Light saving and excepting, however, that part of the bottom of. other due the Delaware Bay lying between the two aforesaid parallel east from a lines and extending three hundred yards into the bay from shore at or the ordinary low water mark, unless the same be then approwater mark priated according to law, which part shall be designated by south of the him or them by stakes not more than fifty yards apart, to middle of show at least two feet above the ordinary high water and of Murder not be obstructive of navigation; it shall be the possession of the planter or planters, and the oysters to be deposited therein and their increase shall be their private property. But before any one shall avail himself of this privilege he shall be ob- shall apply in writing to the said Collector for a license for that purpose and pay to the said Collector the sum of twentyfive dollars as the fee or price thereof for boats or vessels to be used by him or them of a larger tonnage than nine tons (Custom House measurement) and the sum of fifteen dollars as the fee or price thereof for boats or vessels used by him or them of nine tons and under (Custom House measurement) and also the sum of three dollars per ton (Custom House measurement) for the boat or vessel to be employed in the business of planting if he be a resident of this State and two dollars per ton, (Custom House measurement), if he be a non-resident of this State; the said license shall last only Time when until the first day of April following the date thereof, and shall expire must be renewed by the first day of April of each year, and For boats the like sum be paid at the time of each renewal, provided, tons Custom that nothing in this act contained shall be construed to surement authorize the appropriation by any one person of so many parts as shall exceed in the aggregate fifty acres for boats or exceed fifty vessels over nine tons, (Custom House measurement), and License tained. licenses over nine House mea plantations shall not acres, for OF THE REVENUE OF THE STATE. nine tons the shall used ty acres. exceed thir thirty acres for boats or vessels of nine tons, (Custom House boats of measurement); the privileges granted by this and the first plantations section shall not embrace any portion of the bottom of bay which is a natural oyster bed and has been hitherto or worked as such, nor shall be extended beyond the mere dents shall right to plant oysters and hold them as property. Non-resi not dredge upon the natural beds. the State of 6 months this act sel is one by bona fide manned by residents upon the SECTION 3. No person who is not at the time a bona fide Bona fide resident of this State, and shall have been such bona fide residents of resident continuously for at least six months, and the vessel for a period used by him at least one-half part thereof be bona fide owned prior to the by bona fide residents of this State, and wholly manned by age of bona fide residents (all of which said bona fide residents shall where veshave lived and resided in this State as such bona fide half owned residents continuously for at least six months prior to the residents & time of making application for the certificate hereinafter and wholly mentioned), shall dredge for oysters or otherwise take the de same up from any natural oyster bed of this State. But any can dredge bona fide resident of this State as aforesaid, and using a boat natural oysor vessel one-half of which at least is owned by bona fide ter beds, residents of this State as aforesaid, and wholly manned by bona fide residents of this State as aforesaid, desiring to avail himself of the privileges of dredging for oysters or otherwise taking them up from any of the natural oyster beds of this State, for planting or other purposes, shall first procure from the Collector aforesaid, a certificate under his hand, stating Bona fide that he has complied with the provisions of the law in that behalf; and in order to obtain such certificate, the owner or one of the owners (if more than one) of any such boat or vessel shall file with the Collector a written application, Written apstating the name of the boat or vessel, the name of the owner shall be or owners, (if more than one), and the place or places of filed. residence, (if living in a city, the street and number must be given) of such owner or owners, and the shares in which such owners own the same, and the duration of residence in this State of the resident owners of at least one-half of said boat or vessel, and shall verify such statement by his oath or affirmation, which the said collector is hereby authorized to administer. The owner so applying, shall file at the same * a written statement of the crew and master of such boat or Written vessel, showing the names and places of residences* of each of must be the said crew and master of such boat or vessel, and the duration of residence in this State of the captain or master Master and of said boat or vessel, and of each of said crew, (and the crew shall street and number of their residence if in a city) which or affirma 2 *So enrolled. resident shall procure a certificate. plication statement filed. make oath tion. collector OF THE REVENUE OF THE STATE. shall also be verified by the oath or affirmation of the captains or master and each of the said crew respectively; which the said Collector is also hereby authorized to administer. If it appears by such application or statement. that at least one-half part of the said boat or vessel is bona fide owned by a bona fide resident or residents of this State as aforesaid, and is wholly manned by a crew all of whom are bona fide residents of this State as aforesaid, and have been such bona fide residents continuously for at least six months prior to the time of making such statement, the said When the Collector shall issue and deliver to the master of such boat or shall issue a vessel a certificate, unless the said Collector shall have good grounds to believe that the statements made by any such owner or owners, or any of the crew are untrue; and in such case, the said Collector may refuse to issue such certificate until he shall have had a reasonable time to inquire into the truth or falsity of said statement, and if upon such inquiry. the said Collector shall be satisfied of the truth of such statement, he shall thereupon issue such certificate; but if he shall be satisfied upon due inquiry that any of said statement is false, he may refuse to issue such certificate. The certificate may be according to the following form: certificate. Form of certificate used This is to certify that the owner of the vessel called by collector. having fully complied with the provisions of law in that behalf, the said vessel is allowed and permitted to be used and employed in dredging on any of the natural oyster beds within the waters of this State, excepting the portions reserved by law for tonging purposes during the period by law prescribed for dredging; but the permission hereby conferred shall instantly cease and terminate whenever less than onehalf part of said vessel shall be bona fide owned by bona fide residents of this State, or whenever said vessel shall not be manned by a crew wholly composed of bona fide residents of this State. When certi forfeited. Given under my hand at 188 . this day of Collector of Oyster Revenue. Whenever such boat or vessel shall not be wholly manned cate shall be by bona fide residents of this State as aforesaid, for at least six months, or at any time less than one-half part thereof shall be owned by bona fide residents of this State as aforesaid, thereupon all privileges conferred by said certificate shall immediately cease and terminate, and the license hereinafter provided for shall be forfeited and become null and void. |
