0

专

3

in N Jersey,

shall here be

here be performed by the prothonotaries as aforesaid, and the Duties of the constables of the several townships, boroughs or districts. adjoin township ing said river, within the limits aforesaid, shall, under the penal committees ty of one hundred dollars, every year, on or before the second Monday after they are elected, apply to the prothonotary of their performed by respective counties, and take and subscribe the oath or affirma- prothonotation described in the said eighth section; and shall also, under ries. the same oath or affirmation, at the last court of quarter sessions, Duties of cons before their terms of office expire, make their return to the court: stables. that, agreeably to the directions of the law for regulating fisheries in the river Delaware, they have diligently inquired, and carefully inspected and viewed all such parts of said river, as are adjoining their respective township, borough or district, and that to the best of their knowledge and belief, they have made a true return of all the transgressions of said law, within their district, together with the names of all such transgressors. And if it should Transgress appear that there are any of such transgressors that have not ors to be been brought to justice, the prosecuting attorney as aforesaid, prosecuted. shall proceed immediately against them, and have them dealt with according to law; and the several prothonotaries are here. Further duty by enjoined and required, under the penalty of one hundred dol- of prothono lars each, duly and carefully to administer such oath or affirma- taries tion, and file the same, together with the return, in his office, for Compensawhich service he shall be paid by each constable twenty-five tion.

cents.

and of the

state of New Jersey.

SECT. 4. And be it further enacted by the authority aforesaid, Prohibitions That all the prohibitions mentioned and contained in the said act to operate of the state of New Jersey, are hereby declared to have like equally upon force and effect, upon the citizens of this commonwealth and all the citizens other transgressors, as they have upon the citizens of the state of of this state New Jersey; and all the breaches and violations thereof, shall be in like manner punished within this state; and all the fines, forfeitures and penalties, which may or shall be incurred within this state, shall be recovered as othe sums of like amount are recoverable by the laws of this state, and in pursuance of the seve- recoverable. ral acts to which this is a supplement, and shall be paid over, one half to whomsoever may prosecute for the same, and the person 80 prosecuting shall be a competent witness, and the other half to the treasurer of the county in which the offence shall have been committed, to be applied to the use of said county.

Fines and forfeitures, how

SECT. 5. And be it further enacted by the authority aforesaid, That all and each of the fines, forfeitures and penalties, that may Fines, forfeit or shall be incurred under this act, or the acts to which this is a and ures penalties, how te supplement, which are in said acts directed to be paid to the sube applied. pervisors of the highways, to be applied by them for repairing the roads in the township in which such offence shall have been committed, shall in future be paid, one half to whomsoever may prosecute for the same, and the other half to the treasurer of the county in which such offence may or shall have been committed, to be applied by him to the use of said county. And the treasurer of each respective county within this state, adjoining the riy

Duty of trea er Delaware, within the limits aforesaid, is hereby enjoined and surers of cer- required to aid and assist in all such prosecutions as he may have tain counties. notice of, and pay one half of all the costs which may or shall be Compensaincurred on all such prosecutions, and to pay to each constable tion of conseventy-five cents per day, for each day he shall be employed in stables. discharging the duties enjoined upon him by the several acts of the legislature, passed for the regulation of fisheries in the river Delaware.

Parts of former acts repealed.

Provise

SEOT. 6. And be it further enacted by the authority aforesaid, That all and every part of the several acts to which this is a supplement, as are hereby altered and supplied, together with the supplement, enacted March thirty first, one thousand eight hundred and twenty-one, so far as the said acts respect the river Delaware, be and the same are hereby repealed: Provided, That the said repeal shall in no wise affect any vested rights, or make void any proceedings legally had, or done, or commenced under the same; but the same shall be prosecuted to judgment and execution, as though the said acts were not repealed.

JOSEPH LAWRENCE, Speaker

of the House of Representatives.

WILLIAM MARKS, Junr.

Speaker of the Senate.

APPROVED January the twenty-ninth, one thousand eight hundred and twenty-three.

JOSEPH HIESTER.

[EXEMPLIFICATION.]

State of New Jersey.

AN ACT

Further supplementary to an act entitled, "An act to regulate the fishe ries in the river Delaware, and for other purposes," passed the twenty-sixth of November, one thousand eight hundred and eight.

I. BE it enacted by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That from and after the passing of this act, if any person or persons whomsoever, shall cast, draw, or in any wise make use of any seine or net in the river Delaware, within the jurisdiction of this state, from sunset on Saturday, until sunrise on Monday of each and every week, he, she, or they, so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with the

costs of suit, for each and every offence: Provided, That nothing in this section contained, shall prevent the owners or occupiers of eddy fisheries above the tide water, from beginning to fish at twelve o'clock on Sunday night.

II. And be it enacted, That if any person or persons whomsoever, shall cast, draw, or otherwise use, for the purpose of catching fish, more than one seine or net, in any one pool or fishing place in the river Delaware, within the jurisdiction of this state, on, opposite, or above the lowest or south west end of Newbold's or Biddle's island, from thence down as far as the concurrent jurisdiction of this state and the state of Pennsylvania extends; more than two seines or nets in any one pool or fishing place, within any one term of twenty-four hours, beginning at sunrise and ending on sunrise the day following, or shall be aiding or as sisting therein, contrary to the true intent and meaning of this act, he, she, or they so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with costs of suit, for each and every such offence: Provided always, That it shall and may be lawful for any person or persons, who, by accident or otherwise, may be deprived of the use of the seine or net first used in any pool or fishing place, in any term of twenty-four hours, to withdraw the same and substitute another seine or net in the place of the one so withdrawn.

III. And be it enacted, That if any person shall cast, draw, or otherwise make use of any seine or net, of a larger mesh than three inches, for the purpose of catching fish in the river Dela ware, within the jurisdiction of this state, below the head of Trenton falls, between the last day of May and the tenth of June; and between the tenth day of June, and the tenth day of July, in any year, of any net more than fifty yards in length; and above the head of Trenton falls, of any seine or net of a lar ger mesh than two inches, and more than fifty yards in length, between the last day of May and the tenth day of July, in any year, he, she or they, so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with costs of suit, for each and every offence.

IV. And be it enacted, That the owner or possessor of every fishery upon the river Delaware, within the jurisdiction of this state, his tenant or agent, shall, before he occupies the same as a fishery, give to the clerk of the court of common pleas of the County wherein such fishery, or the greatest part thereof, may be, a description in writing of his, her, or their pool or fishing place, designating the beginning and ending point, and the extent thereof on the river shore, together with the name of the township and County in which it is situated, and the number of men generally employed in fishing the same; and shall also enter into bond with one or more sufficient sureties to the clerk of the said county, and his successors in office, in the penal sum of five hundred dollars, conditioned for the payment of all fines and penalties created or given by this act, or the act or acts to which this is a supplement, that shall and may be incurred and recovered for any

1

infraction of, or offence against the said act or acts, committed at such fishery by his, her or their command or permission, doring his, her or their occupying the said fishery, personally or by tenant, which said description and bond it shall be the duty of said clerk to file in his office, and give a certificate thereof to the person producing the same, on being paid fifty cents, which said bond shall be a security for all such penalties as may be recovered against the said owner or possessor, tenant or agent, during the time he, she or they may occupy the same. And in case of a recovery against such owner or possessor, tenant or agent, for any penalty given by the said act or aets, and the nonpayment thereof, it shall be the duty of the said clerk, to cause the said bond to be prosecuted to judgment, and apply the proceeds thereof to the payment or discharge of the said recovery. And if any person or persons shall fish in any fishery so entered as aforesaid, or draw, cast, or otherwise make use of any seine or net within the same, or in the said river, opposite the river shore, included within the bounds thereof, without permission in writing from him, her or them, so owning, possessing and entering the same, first had and obtained, he or they so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with the costs of suit for each and every offence; to be sued for and recovered by the person or persons so owning, possessing and entering the said fishery, in any court of competent jurisdiction.

V. And be it enacted, That if any person or persons shall cast, draw, fish with, or otherwise make use of, any seine or net, in the river Delaware, within the jurisdiction of this state, and within the limits of the concurrent jurisdiction of this state, and the state of Pennsylvania, between the first day of April and the tenth day of July, in each and every year, without having first entered his, her or their fishery as aforesaid, or at any place in the said river Delaware, within the jurisdiction of this state, than at, in, or opposite the shore boundaries of a pool or fishing place, described and entered in the manner prescribed in the preceding section, he or they so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with the costs of suit, for each and every such offence.

VI. And be it enacted, That it shall and may be lawful for any owner or owners; possessor or possessors, of any shore on the river Delaware, within the jurisdiction of this state, below the Trenton bridge, having entered the same as a fishery, and given bond in the manner prescribed by the fourth section of this act, to fish the same, in front and opposite the bounds thereof, with a sweeping or shore seine, or net, or a gilling seine or drift net: Provided always, That if he, she or they, use a gilling or drift net, the mesh thereof shall not be larger than six inches and a half, and the said net shall not be more than sixty fathoms in length; and the boat or boats used at such gilling seine or driftnet fishery, shall have the name or names, and place or places of

abode, of the person owning or entering the said fishery, painted in large legible capital letters on the gunwale thereof.

VII And be it enacted, That if any person or persons shall be found making use of a gilling seine or drift net, in the river Delaware, within the jurisdiction of this state, and within the li.nits of the concurrent jurisdiction of this state and the state of Pennsylvania, without having first entered his gilling seine or driftnet fishery, and given bond as aforesaid, or beyond the angles of the shore boundaries of the said fisheries so entered, or with a mesh larger than six inches and a half, or with a net longer than sixty fathoms, between the first day of March and the tenth day of July, of each and every year, he, she or they, so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with the costs of suit, for each and every such offence. VIII. And be it enacted, That the township committee of each township adjoining the said river Delaware, within the jurisdiction of this state, may, every year at their first meeting after their election, appoint one constable, of their respective townships, whose duty it shall be, having taken an oath or affirmation before a justice of the peace, of the township in which he resides, that he will, without fear, favor or affection to any, endeavor to execute this act, and the act or acts to which this is a supplement, according to the true intent and meaning thereof, carefully and diligently to view and inspect the shores of the said river, and the fisheries thereon, in his township, once a week at least, between the first day of April and the tenth day of July, in each and every year, to put this act in force, and to cause all offences or transgressions against the same, or the act or acts to which this is a supplement, to be prosecuted agreeably to the directions thereof, for which service he shall be entitled to receive the sum of seventy-five cents per day, to be paid by the collector of the County in which he acts, on proving by his own oath or affirmation, before some justice of the peace of the township, the number of days engaged in the said service.

IX. And be it enacted, That if any constable, of any township in this state, adjoining the river Delaware, shall neglect or refuse to do and perform the duty enjoined upon him by this act, or the act or acts to which this is a supplement, or to carry the same into effect against any offenders within his own view or knowledge, or upon the information of any credible witness, he shall forfeit and pay for every such neglect, the sum of one hundred dollars, together with the costs of suit.

X. And be it enacted, That if any person or persons shall, by threat, menace or otherwise, attempt to deter or prevent any constable, collector, or any other person, from enforcing or carrying into effect this act, or the act or acts to which this is a supplement, or any part thereof, he or they so offending, shall forfeit and pay the sum of one hundred dollars, with costs of suit, for each and every such offence.

XI. And be it enacted, That it shall be the duty of the collectors of the several townships adjoining the river Delaware, with