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OF FISH, OYSTERS AND GAME.

CHAPTER 149.

OF FISH, OYSTERS AND GAME.

AN ACT for the Further Protection of Oysters in Broadkiln River

and Sound.

Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:

No oysters less Section 1. From and after the passage of this Act it than three and one-half inches shall be unlawful for any person or persons to take or taken from catch any oysters for any purpose from Broadkiln River Broadkila River or Sound or their tributaries of size less than three and

one-half inches in length.

Daily catch limited to seven bushels for market

Section 2. It shall be unlawful for any person or per

sons in any one day to take, catch or carry away in any consumption boat, cart, or other vehicle from Broadkiln River or

Sound or their tributaries more than seven bushels of oysters for market or home consumption.

Misdemeanor

Penalty and fine

Section 3. Any person or persons violating the provisions of this Act shall be deemed to be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not less than twenty nor more than forty dollars together with the costs of prosecution; in default of payment of said fine, the offender shall be imprisoned in the Sussex County Jail at Georgetown not less than twenty nor more than forty days. Justices of the Peace of Sussex County are hereby given jurisdiction to hear and determine all violations of the provisions of this Act, with power to enforce the same.

OF FISH, OYSTERS AND GAME.

carry

Section 4. The Governor shall appoint two suitable Governor to persons in Sussex County, one from Broadkiln Hundred oyster policeand one from Lewes and Rehoboth Hundred, whose duty act into effect it shall be to enforce the provisions of this Act, and who shall be entitled to One-half the fines collected from offenders found guilty of violation of the provisions of this To receive oneAct, the remaining one-half to be paid to the Collector of collected Oyster Revenue. Said persons shall have the right to arrest any person or persons charged with the violation of the provisions of this Act.

half of fines

ue in force for four years

Section 5. This Act shall continue in force for a pe- Act to continriod of four years from the date of its passage.

Section 6. All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved March 20, A. D. 1913.

OF FISH, OYSTERS AND GAME.

CHAPTER 150.

OF FISH, OYSTERS AND GAME.

AN ACT for the Protection of Diamond Back Terrapin.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Season for
Diamond Baok
Torrapin

Section 1. That from and after the passage of this Act it shall be unlawful for any person to catch, take, kill or destroy or have in his possession, except for strictly scientific or propagating purposes, any Diamond Back Terrapin from the fifteenth day of March until the fifteenth day of November following in each and every year.

Unlawful to kill any Heifer

five and onehalf inches

Section 2. That it shall be unlawful for any person to Diamond Back catch, take, kill or destroy or have in his possession any uring less than Heifer Diamond Back Terrapin which measures less

than five and one-half inches lengthwise on the bottom shell, except for strictly scientific or propagating purposes.

Misdemeamor

Penalty for violation

Section 3. That any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a fine of not less than Five Dollars and not more than Twenty-five Dollars for each Terrapin so caught, taken or had in possession, one-half of said fine to be paid to the person or persons securing the arrest and convic

tion, and in default of the payment of such fine together and conviction with costs, shall be imprisoned for a term not exceeding

ten days.

One-half of fine to be paid to person se

OF FISH, OYSTERS AND GAME.

Section 4. That nothing in this Act shall be construed to prevent any person from disposing by sale or otherwise of any Diamond Back Terrapin which he may have had in his possession previous to the passage of this Act.

Section 5. That all Acts and parts of Acts in so far as the same are inconsistent with the provisions of this Act be, and the same are hereby repealed.

Approved March 26, A. D. 1913.

OF FISH, OYSTERS AND GAME.

CHAPTER 151.

OF FISH, OYSTERS AND GAME.

AN ACT for the Protection of Clams.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Right to clam Section 1. That from and after the approval of this

to bona fide resi- Act it shall be unlawful for any person except such as dents of State only

have been bona fide residents of this State for at least one year immediately preceding the approval of this Act, to take or catch, or assist in taking or catching, clams in any waters within the jurisdiction of Delaware.

Misdemeanor

Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction in the Court of General Sessions, shall be imprisoned for not less than three months, nor more than six months, and fined in a sum not exceeding One Hundred Dollars, ($100.) in the discretion of the Court.

Penalty

Clams found

Provided, that any person or persons licensed under on oyster plantation the laws of this State to plant oysters on the bottom of

the Delaware Bay shall have the right, notwithstanding this Act, and without the payment of any special license fee therefor, to take and dispose of any clams found within the limits of any oyster plantation, taken up in good faith for the purpose of planting and propagating oysters and for which the said person or persons shall have paid for any current year the rental and tonnage fees prescribed by the then existing laws of this State for the occupation and use of said oyster plantations.

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