Delaware gazette. (Wilmington, Del.) 1837-1883, 1839-03-26

and The streams tributary thereto, within the
limits Of this State
WHEREAS, the citizens oil this State have an
interest 10 the protection OF the fish and game
frequenting and inhabiting the waters Of the
Delaware bay and river, and the tributary
streams thereof within the limits of this State
which the labors OF fishermen and sportsmen
from other states resortng 10 said waters are
likely 10 injure and repair.-Therefore
SECTION 1. Be il enacted By The Senate and
House of Representatives. of The Slate df Deid-
mare, in General Assembly met! That from
and after the passage Of this Act, il shall not
be lawful for any person or persons living and
residing without the limits of this State, TO come
into or enter upon the waters of the Delaware
bay and river and the streams tributary thereto,
or upon any land or lands, marsh or marshes,
bordering thereon within The jurisdiction and
limits of this State, for the purpose and with the
intent to rake, gather or collect, any oysters,
terrapins, CLANS or other shell fish, or TO catch
or Is take in any way or by any means what
ever any shad, herring, cells, perch, trout, or
other fish, or to hunt, shoot or kill any geese,
ducks, fowls or birds of other kind whatever,
or TO place in or upon the said waters, lands or
marshes, and lure, decoy, trap or net TO take or
facilitate the capture of the same in order that
the said fish or game when SO taken may be
carried without aud beyond the limits OF this
State, under the penalty Of FORGETTING all and
singular the boats, vessels, guns, lures, decoys,
traps, lines, seines, nets, or other implements
that may be used or employed for the purposes
aforesaid, together with all the fish and game
taken in and with the same, and shall pay upon
conviction thereof. The further sum of Two
hundred dollars for each and every offence COM
mliied. 10 be recovered from each and every
individual offending against the PROVISIONS OF
this section by any person who shall sue there
fore, before any Justice OF the Peace in this
State, one moety Of the said fine andiforfeiture
10 90 to the person recovering and The other
moiety to the use OF the State Provided that
nothing 10 this act contained shall be construed
IL prevent the sale Of such fish or game by any
citizen Of this State TO any other person or per-
sons whatsoever.
SEcTIoN .. And be IL further enacted, That
any citizen or citizens Of this State may at all
times lawfully seize any boat with her tackle
or any seine, net or fishing tackle or dredging
machinery in the possession Of any person or
persons who shall violate any of the provisions
OF this Act, and he or they so seiZing the same
may sell the same on five days public notice in
one OF the most public places in the county
where such seizure may be made, at public
sale, and the proceeds or avails Of such sale
shall be the property of the person or persons
seizing the same in equal shares or proportions.
SECTION 3. and be ii further enacted, That
il shall be the duty of any Justice of the Peace
in this State, upon sight thereof, or upon inior-
nation on oath or affirmation by another that
any person or persons are violating or have viO-
lated the provisions OF the rslsection OF this act
issue his warrant directed TO the Sheriff of the
county in which such Justice OF the Peace re-
sides, for the immediate apprehension of such
person or persons and the seizure OF all property
and immplements by them used and employed
ia contTayenton Of this act; who thereupon
shall be brought before the said Justice Of the
Peace, and ii such person Or persons upon APP
being brought rs Aforesaid, shall be
Of any oiisnce qaainst the foregoing
provisions of this act, such person or persons
shall incur the penalty prescribed for such Of
fence and the property seized by virtue of the
directed to the Sheriff as aforesaid, shall
be sold after FIVE days public notice given by
posted in one OF the most public
places in the county where such seizure may be
made, at public sale to the highest and best bid
der for the same.
SEC 4. And be IT, further enacted, That if resist
ence be made to, or be apprehended by the Sheriff
directed as aforesaid to execute the law, by any
person, or persons offending against the same,
il shall then be the duty Of the said officer, and
he is hereby required TO summon 10 his aid the
posse comitatus armed with fire arms, ball, shot
and powder, and TO charter any boat or boats
vessel OrFessels that may be necessary 10 ex-
ecute the warrant 10 him directed, at the ex-
pense of the county wherein the said warrant
shall be Issued, and he shall proceed forthwith
and without delay TO execute his duty under the
warrant, and If resistance be made, then and
that in case besides the forfeiture and penalty
prescribed in the first section OF this act, the
person or persons so resisting may be sentenced
upon conviction thereof by the Justice of the
Peace before whom he or they shall be brought,
10 confinement in the Jail Of said County, for
period not less than thirty nor more than ninety
days, provided nevertheless, that the owner or
overs of any property seized and all and every
person arrested under and by virtue of this act,
may appeal from the decision of the said Justice
Of the Peace. by giving bond with security to
be approved by said Justice of the Peace, in
penal sum Of equal TO twice the amount of the
fine and forfeiture conditioned for the prosecut-
ing of the said appeal with effect, 10 The next
court of General Sessions of the Peace and goal
delivery in the said county; the said appeal
when duly entered shall snpercede the iudg-
meni and sentence of the said Justice Of the
Peace.
SECTION s. And be 10 further enacted, That
no person or persons whatsoever shall hereafter
float, stake, or station any gill seine or net, 10
or upon the waters OF the Delaware bay and
river within the limits and jurisdiction of this
state for shad or herring, within or nearer than
one mile to the mouth OF any creek emptying
and flowing into TIE said bay or river, under the
penalty Of fOrlelling such seine or net, and be-
ing obliged to pay the further sum of fifty dol
lars for each and every offence committed
against the pres isons OF this section. to be re-
covered before any Justice of the Peace in and
for the County where the offence shall be COM
united by any person vino shall sue therefore.
And any person or persons, who shall gather or
destroy on the land or lands, marsh or marshes
any terrapin eggs, or shall be found
in possession Of any ierrapin eggs collected on
the same shall forfeit and pay for every offence
so committed the sum of ten dollars to be re.
covered before any Justice OF the Peace, for
the County where such offence is committed, hy
any person who shall sue for the same. This
Act shall be deemed aud considered Public
Act, and may be given in evidence under the
general issue in behalf Of any person or persons
acting under and by virtue of the same.
THOMAS JACOBS.
Speaker of the Senate.
JOHN p. BRINCKLO E.
Speaker of the House of Representatives.
Passed at Dover, February 18th, 1899.
In TESTIMONY that the above and foregoing
(-~~,l is true copy of an act of the General
II. s. Assembly Of the State of Delaware, en-.
~ titled "An Act for the preservation of
fish and game in and on the waters OF the Della
ware Bay and River, and the streams tributary
thereto within the limits of this Stale, /" passed
at Dover on the 18th day of February 1889, col
lated with and corrected by the origina now re-
manning of record in the Office of the Secretary oil
the State of Delaware. Charles Marin. Sec.