Evening journal., 1907-02-04
FIXES BOUNDARY AND
REGULATES FISHING
Cconunued From LOO 80
No SUNDAY FlshIna.

aforesaid by net of any character on tho
Sabbath day, commonly called Sunday.
Section IA That hereafter II shall be un-
lawful for any person to catch and take,
or to attempt TO catch and take. fish Of
any kind from the waters aforesaid with
a set line. or to have, use, erect or main-
tain in the waters aforesaid. for the pur-
pose Of catching end taking fish OF any
kind Except cat fish, eels and suckers)
any fish basket, eel weir. fyke net, pound
net, shore net. dip net, cast net wirg-wai.
wing-dams or any other device, except
ing in the manner and with the means in
this act provided. Provided, that nothing
contained in this section shall prevent the
catching and taking of carp with shore
nets, dip nets or cast nets
Section 15 That hereafter It shall bel
unlawful for any person to sell, expose for
sale, or have IN possession, any fish caught
and taken in violation of the provisions
Of this act
Section 16. Every violation Of any Of the
provisions Of this act shall be deemed
nisdemeanor. and upon conviction there
Of, where no other specific penalty is
herein provided. each offender shall for
felt and pay to the State Of Delaware a
fine Of not less than twenty dollars not
more than two hundred dollars, and costs
Of prosecution, and in default of payment
thereof shall be committed to the county
jail or workhouse. for period OF not
less than ten days nor more than ninety
days. or until such fine and costs are
paid
Sheriff May Act.
Section H. Any and every boat vessel,
net trap. pot. pound, set line fyke, weir
or other property used by any person for
the unlawful taking Of, or attempting TO
take. any fish in the waters aforesaid,
in violation of the provisions of this act
shall be forfeited to the State Of Della
ware. together with the tackle, apparel
and furniture OF said boat or vessel, and
all other apparatus and implements 50
mlawfully used: and the same shall he
,ized and detained by the sheriff, officer,
or any county constable. or authorized
deputy or deputies, until sold or discharg-
ed. as hereinafter provided. Upon the con-
viction of any such person, as afor said,
the court shall. in addition TO the SEN
tence pronounced against such person. en-
ter an order and Judgment Of forfeiture
against said property so unlawfully used
and shall order the sheriff Of the county
20 at once seize the same wheresoever II
may be found. who shall. thereupon. ad-
vertise ard sell the Same at public auct'o on.
for cash, to the highest and hest bidder
for the same. after giving at least ten
days notice by advertisements. posted in
at least ten public places OF the county.
Of the time and place OF said sale: tho
proceeds OF said sale after deducting all
costs. charges and expenses. shall be pad
by the said sheriff to the state Treasurer
for the use Of the State. In the event that
the said person. so charged as aforesaid
shall be acquitted, the said property sha
be forthwith returned TO the person II
whose custody it was at the time it wal
so seized and taken as aforesaid.
Section IS. Any justice Of the peace o.
other committing officer. shall. upon afr.
davit made that any person. boat, vessel
or other appliance or apparatus here'nbe'
fore enumerated IS. are or have been vio-
lating. or used in violation Of this act, is
sue his warrant TO the sheriff. county
constable. or officer. Of the county, au
thorized to make such arrest command
ing him to arrest such person and TO seize
and detain such property for hearing
trial, or other proceeding under this act
The said sheriff constable or officer, may
IL necessary, summon TO his aid the posi-
comitatus. and may require the assist
ance and use of any boat, vessel or 9th
means. by paying. or rendering just com
pensation It shall not be necessary tha
the affidavit shall state the name Of tn
boat or vessel or describe with particul
arity the property TO be seized.
Section 10. That the costs, charges an'
expenses Of amy proceeding for the viola
ton Of thep rovisions Of this act shall b.
taxed and allowed as follows;
To any sheriff. constable, or officer
for each day actually engaged in seiz-
ing the said property, five dollars
(S5.0O)
To every person summQned by anC
rendering and to such sheriff or con-
stable, for each day actually engaged
in assisting in seizing said property
two dollars (S2.OO);
To every justice of the peace, sheriff
constable. officer, witness, or other per
son performing service under this ac
and not herein specifically mentioned
the same fees as are now provided 10y
law for similar services. Said costs
charges and expenses shall be paiS
by the officer making the sale out o.
the proceeds thereof; or if the prop
erty be not sold, then by the STATE
Treasurer upon the certificate of tn
court or justice of the peace, or com
mitting officer before whom the pro
ceedings were had.
That the General Assembly shall ap
propriate at least the sum Of two hun
dred dollars per annum for the pur
pose of paying the costs and charge
incurred under the provisions of thi
act.
Regulates Acts.
Section 20. That It shall be unlaw
full for any person to catch and take
or to attempt to catch and take from
the said Delaware River or Delawar
Bay with purse or shirred nets oper
ated by or from steam or other vessels
fish of any kind whatsoever; provided
however. that this section shall no
apply to the catching and taking o
menhaden, sharks, porp0ises and her
ring-hogs. by the crews of vessels Ii
censed as provided for In this section
1t shall be the duty OF the collector o
oyster revenue. upon the payment Z
him annually of the sum Of one hun
dred dollars (S1O0) for each and ever
vessel or boat, to issue n license t
such vessel or boat to catch and TAX
menhaden, sharks, porpoises and her
Zinc, hoes g., fho ,Vnfors of the Della