Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1885-04-30
AMENDED FISHERY LAWS
which is Raising Such n Rumprs
at the Present Time,

80 much commotion in New Jersey nnl
the daily press of Philadelphia, prohibits
fishing by non-residents or with foreign
boats or nets in Delaware waters and,
within the limits of the famous 12-mile
circle, Delaware claims jurisdiction to
low water mark on the Jersey shore. The
recent legislation makes the fishery net
as amended (chap. LxxI, vol. XIV, Laws
of Delaware) read as follows:
Section /. 1t shall be unlawful for any
person, not being citizen of this State, to
catch or take fish Of any kind In the Della
ware bay or river or any of the creeks
emptying into the same within the limits of
this State, nor shall any person being "a
citizen of this State have transferred to him
or In any way have control or possession OF
any boat, vessel or net, which shall be
owned in whole or In part by any person
who Is not citizen of this State, and which
is used for the purpose OF fishing in the Del
aware bay or river or any OF the tributaries
thereof within the limits of the State. Pro-
yided that transient vessels may catch fish.
for their own immediate use. II any master
OF a boat or vessel, or other person, shall
violate this section he shall be deemed
guilty OF misdemeanor, and shall pay to
the State fine OF fifty dollars, and the
boat or vessel used in such violation OF the
law, with all her tackle, apparel and furni-
ture, and oil her implements for fishing,
gill-net or seine, or any contrivance for
taking fish, and anything so taken shall be
forfeited and may be seized and detained
Tor trial by any officer or person. such
trial may be had before any Justice Of the
peace, and II condemned, the property
seized shall be sold by his order, and the
proceeds, deducting costs and charges, be
equally divided among the captors. Pro-
vided that an appeal shall be allowed from
the judgment OF the Justice, II applied for
within ten days, TO the court OF general
sessions OF the peace and Jail delivery, ON
security being given by bond and sufficient
surety, In the full value of the property
condemned, conditioned TO be void If such
judgment be reversed by said court. Upon
such appeal jury trial shall be hud on the
issue whether the boat or vessel seized has
been used In violation Of this chapter, and
II 1t be found in the affirmative, the court
shall affirm the Judgment of the Justice;
otherwise such Judgment shall be reversed
and the property seized shall thereupon be
sold or released accordingly. The attorney
general shall appear for the captors aud
defend the appeal. Any Justice of the
pence shall, upon affidavit made that II boat
or vessel is violating this chapter, issue his
warrant to the sheriff or constable, com
manding them, or either of them, to seize
and detain such boat or vessel, and any
sheriff or constable shall have the power
under this act to make such seizure and
detention without warrant, and In the per-
formance Of his said duty may IL necessary
summon posse comitatus, armed with
firearms and ammunition, and use the
same, II forced to do so, In execution of the
law, and II manning or death follows such
use OF arms, IL shall be considered ius-
tiilable, and the officer and his posse be
free from legal responsibility. He also may
require the assistance and use of any other
boat or vessel, they receiving compensation
as hereafter provided. It shali not be
necessary that the affidavit shall state the
name Of the vessel or of her master; such
names may be inserted in the proceedings
after the seizure. The sheriff or constable
shall be entitled to five dollars per day, and
each person summoned by him, and rem
dering him aid, two dollars per day, and
for each boat he may require for his assist
nnce a just compensation, TO be paid out of
the property seized and condemned, or II |
not condemned, the officer or officers will |
be paid by the State. II any owner, master |
or person belonging to, or on board Of any
boat or vessel, shall oppose or resist the |
sheriff or other person In the execution of |
such warrant, or shall resist any lawful |
seizure Of such boat, vessel or other prop
erty, such person shall be deemed guilty OF |
a misdemeanor, and shall pay to the State |
n fine of one hundred dollars. 1t shall be
the duty OF the Encouragement to cause
any person indicted under this chapter, and
who is out OF the State. to be demanded and
brought to trial.
Sec. 2. II shall be unlawful for any person,
not being citizen Of this State, to catch or
take fish In any river, creek or pond within
this State and to put thcm on board of any
boat or vessel not wholly belonging to'and
owned by citizens of this State, and the
violation of this section shall subject tho
party offending to the same forfeiturcs and
penalties, to be prosecuted in tho same way,
as is provided in section of this chapter.
Sec. 8. 1t shall be unlawful for any person
to lay out, float, or set any gill-seine or net,
or any contrivance to catch shad, nearer
than one mile from the shore, or mouth OF
any river or creek within the limits of the
State, after the 18th day of June in each
year, under the same penalties and for
lectures of section l of this chapter.
Sec. 4. If any sheriff or constable refuses
or neglects to serve the warrant issued by
the magistrate for the execution OF this
law, or II any or all the posse he may
summon to his assistance refuse to aid him,
il shall be considered n misdemennor and
he or they shall forfeit and pay to and for
the use OF the State the sum of ten dollars,
to be collected as other fines and penalties
are collected, and If any boat or boats shall
refuse to render the assistance the sheriff or
constable or other person may demand,
they, or each of them, shall forfeit and pay
the sum OF five dollars and forfeit the pro-
tection of this law
Sec. 8. 1t shall be unlawful for any citizen
Of this State to get out u license for citizen
OF another state, or in any way or manner
combine with Il citizen of another state to
enable him or them to evilde this law
directly or indirectly, either by becoming II
partner or assuming the ownership of nets,
seines or bouts, and giving to the citizen or
citizens OF another state the control of, or
profits arising from the fishing OF said citizen
or citizens of another state, and In case
a citizen Of this State should SO evade the
law, il shall be considered q misdemeanor
and he shall forfeit and pay the sum of one
hundred dollars, to bo collected as other
fines and forfeitures are collected, one-half
of which shall go to the State and the other
half to the informer after its collection.
Sec. 6. Every person, being u citizen Of
this State, who may desire to fish In the
Delaware bay or market shall make an
affidavit before u Justice of the peace of this
State, stating that he Is u bona llde citizen
OF the State of Delaware, giving his place
of residence and the length of time hu has
resided at such place and that he Is the
true and legal owner of the boat and net to
be used in fishing, that he will not use such
boat and not or either of them in the
Interest," Ol lily peTsOn moi IL cltlNen Oh Inlb
State. Said affidavit shall bc filed Ia the
Office OF the Justice OF the pence before
whom it was made, and the party making
such affidavit shnll procure from the Justice
of the peace certificate stating that such
an affidavit has been made and exhibit and
show the same TO any person demanding an
inspection of the same. The affidavit re-
quired to he made and certificate obtained
under this section shall be made and OBJ
tanned before the first day of April in each
and every year such person proposes to
fish. Any person who shall violate any of
the provisions of this section shall be guilty
of u misdrmeanor and upon conviction
thereof shall be fined not less than fifty
dollars, and shall also forfeit the boat and
net, or both, as the case may be, used in the
fishing.
Sec. z. II shall be unlawful for any person
to have In his or her possession, or expose
for sale, any shad caught in the river Della
ware or its tributaries, within the juris-
dictlon Of this State, above the southern
point Of Reedy Island between the eleventh
day of June and the tenth day Of August in
any year, under n penalty OF five dollars
for each and every shad so had IN possession
or exposed for sale, TO he recovered in an