OF THE GENERAL POLICE. CHAPTER 437. FOR THE PROTECTION OF FISH, OYSTERS AND GAME. [An Act to amend Section 10 of Chapter 55 of the Revised Code as Rev. Code, amended.] Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: 152. 12 Vol. 365 land not pre SECTION 1. That Section ten of Chapter fifty-five of the Re- Sec. 10, Chap vised Code as amended shall not prohibit any owner of any 55 amended. marsh or land bordering thereon, though not a citizen of this owners of State, from catching, taking or killing any fish or wild fowl upon vented from the marsh or land so owned by him and the waters adjacent killing game thereto. 1869. Passed at Dover, March 9, 1869. thereon. An Act to amend an Act entitled "An Act to amend Chapter 55 of the Re- Rev. Code, vised Statutes of the State of Delaware. 153. 12 Vol. 252. 228 amended SECTION 1. Be it enacted by the Senate and House of Represen- Sec. 1, Chap. tatives of the State of Delaware in General Assembly met, That an act entitled "An Act to amend Chapter 55 of the Revised Statutes of the State of Delaware," passed at Dover, February 7, 1862, be amended by striking out all of said act after the word "viz" in the fifth line of Section 1, and inserting in lieu thereof as follows: "any person residing within this State may set, use or keep any gill-net in Indian River or Rehoboth Bay in Sus- Gillnets. sex county, below Warwick; Provided, That no person shall Rehoboth set, use or keep any gill-net within two hundred yards of either Proviso. shore of said river or bay below said point, nor shall any person set, use or keep any gill-net within one hundred and fifty Indian river. OF THE GENERAL POLICE. dispose of any terrapin or terrapins taken or caught in or along Indian River and Rehoboth Bay, or waters adjacent thereto, of less size than four inches on the lower or under shell measuring lengthwise; but it is and shall be the duty of all and every such person or persons so catching or taking any such terrapin or terrapins of less size than four inches on the lower or under shell, measuring as aforesaid, to put into or return back to said waters any such terrapin or terrapins so caught or taken, and any person or persons violating any of the provisions of this section Penalty for shall forfeit and pay for each and every offence ten dollars, onethis Section. half for the use of the State and one-half to the person who may How recov- sue for the same, to be recovered with cost of suit as other debts of like amount are recoverable before any justice of the peace in Sussex county. violation of ered. Unlawful to use dredges. Penalty. SECTION 2. And be it further enacted as aforesaid, That from and after the passage of this act it shall be unlawful for any person or persons to use any dredge or dredges for the purpose of catching or taking any terrapin or terrapins in said Indian river or Rehoboth Bay, or waters adjacent thereto; any person or persons violating this section shall forfeit and pay twenty dollars for each and every offence, one-half for the use of the State and onehalf to any person who may sue for the same, to be recovered How recov- with cost of suit as debts of like amount are recoverable before any justice of the peace in Sussex county. Passed at Dover, March 16, 1869. ered. Rev. Code, 154. Sec. 16, Chap CHAPTER 436. FOR THE PROTECTION OF FISH, OYSTERS AND GAME. An Act to amend Section 16. Chapter 55 of the Revised Statutes of the SECTION 1. Be it enacted by the Senate and House of Represen55 amended. tatives of the State of Delaware in General Assembly met, That Section 16 of Chapter 55 of the Revised Statutes of the State of Wears, &c., Delaware be and the same is hereby amended by striking out in Indian all after the word "unobstructed," in the ninth line, and before be taken up the word "If" in the twelfth line of said section. River not to in May, of every year. Passed at Dover, March 4, 1869. OF THE GENERAL POLICE. CHAPTER 437. FOR THE PROTECTION OF FISH, OYSTERS AND GAME. [An Act to amend Section 10 of Chapter 55 of the Revised Code as Rev. Code, amended.] Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met : 152. 12 Vol. 365 55 amended. SECTION 1. That Section ten of Chapter fifty-five of the Re- Sec. 10, Chap vised Code as amended shall not prohibit any owner of any marsh or land bordering thereon, though not a citizen of this owners of State, from catching, taking or killing any fish or wild fowl upon vented from the marsh or land so owned by him and the waters adjacent killing game thereto. Passed at Dover, March 9, 1869. land not pre thereon. An Act to amend an Act entitled "An Act to amend Chapter 55 of the Re- Rev. Code, vised Statutes of the State of Delaware." 153. 12 Vol. 252. SECTION 1. Be it enacted by the Senate and House of Represen- Sec. 1, Chap. tatives of the State of Delaware in General Assembly met, That 228 amended an act entitled "An Act to amend Chapter 55 of the Revised Statutes of the State of Delaware," passed at Dover, February 7, 1862, be amended by striking out all of said act after the word "viz" in the fifth line of Section 1, and inserting in lieu thereof as follows: any person residing within this State may set, use or keep any gill-net in Indian River or Rehoboth Bay in Sus- Gillnets. sex county, below Warwick; Provided, That no person shall Rehoboth set, use or keep any gill-net within two hundred yards of either Bay. shore of said river or bay below said point, nor shall any person set, use or keep any gill-net within one hundred and fifty Indian river. Proviso. OF THE GENERAL POLICE. yards of any other gill-net, nor shall any gill net be set, used or kept across the course of said river or bay nor within any seinhaul in said river or bay. Nor shall any person set, use or keep any gill-net or draw-sein over sixty-five fathoms in length in said river or bay. Passed at Dover, April 2, 1869. Rev. Code, 153. Sec. 11 Chap. An Act to amend Chapter 55 of the Revised Code. SECTION 1. Be it enacted by the Senate and House of Represen55 amended. tatives of the State of Delaware in General Assembly met, That Section 11 of Chapter 55 of the Revised Code be amended by adding between the word "contrary," in line nine of said section, and the word "Provided," in line ten, "no person shall take, kill Partridges or destroy, in this State, any partridge in the night time, forfeitkilled in the ing for every one so killed or taken two dollars, and every person found in any field with gun, dog, or net, between the hours of eight o'clock P. M. and seven o'clock A. M., having in his or her possession any partridge or partridges, shall be deemed to have taken or killed the same in violation of this act, unless he proves the contrary. not to be night time. Penalty. Passed at Dover, April 5, 1869. An Act to Prohibit Cattle, Horses, Hogs, Sheep and all other Stock from in School District 85 in Sussex Co. SECTION 1. Be it enacted by the Senate and House of Represen-Stock not to tatives of the State of Delaware in General Assembly met, That run at large it shall not be lawful for any cattle, horses, hogs, sheep or any other stock, to run at large within the limits of School District Eighty-five, in Sussex county. persons at large. SECTION 2. And be it further enacted, That if any person or Penalty for persons living within the limits prescribed as aforesaid, or any patering person or persons residing without said limits, shall wilfully suffer stock to run any cattle, horses, mules, sheep, hogs or other stock to run at large within the limits aforesaid [he or she] shall be liable to a penalty of one dollar for each and every day for each and every cow, horse, mule, sheep, hog or other stock so suffered to run at large, to be recovered by suit before any justice of the peace of Sussex How county, upon complaint being made by any person interested, recovered. one-half of the said penalty to be paid to the prosecutor and the other half to the school commissioners of the school district in which the offence was committed, for the use and benefit of free schools; and the owner or holder of such cattle, horses, mules, sheep, hogs or other stock so found running at large within the limits aforesaid, shall be held liable for any and all damages Owner liable committed by such cattle, horses, mules, sheep, hogs and other for damages. stock, to be recovered in like manner for the benefit of persons How or parties damaged: Provided such penalty or damages be sued recovered. for within thirty days after each and every such violation of Limitation of this act. suit. fere with SECTION 3. And be it enacted, That nothing in this act shall Not to interbe construed to interfere with or prevent any person from pro- law concernceeding with such cattle, horses, hogs or sheep as provided in ing strays. the law concerning strays. SECTION 4. And be it enacted, That this act shall be deemed Public act. and taken to be a public act. Passed at Dover, March 1, 1869, |