scribed for oyster pur OF THE REVENUE OF THE STATE. planted within these described limits they shall have no protection in law, and shall be forfeited for the use of the public, and the section here described shall be reserved of general fishing purposes. SECTION 2. As excepted in Section 1 of this act, there shall be laid off for domestic oyster purposes, a strip of oyster Limits pre- planting land from the mouth of Lewis's Ditch, southerly to domestic the mouth of Mispillion Creek, three hundred yards wide, exposes. tending into the bay from ordinary low water mark, and the same shall be divided into plats or sections, containing each. two hundred feet front on the shore line and extending a due east course between parallel lines three hundred yards into the bay, and each of said plats shall be considered one section. shall cause made. ginning. Collector SECTION 3. As soon after the passage of this act as cona surveyed venient, it shall be the duty of the Collector of the Oyster chart to be Revenue to employ a competent surveyor and go with him and properly lay off and plat this land and make a correct map or chart thereof for the use of said Collector of the Oyster Revenue, that is to say, he shall plant a stone at the place of Place of be- beginning, Lewis's Ditch, marked No. 1, and by the most straight and longest lines he can get, follow the shore, planting at each five thousand feet a suitable stone near to and inside of ordinary high water mark, properly and distinctly Each See numbered from one at Lewis's Ditch numerically to Mispillion numbered. Creek. It shall not be necessary for said Surveyor to survey each section or plat, but from his shore lines make and draw his chart of the shore in two hundred feet spaces by parallel due east lines to make his drawing as directed herein, and each one of these sections shall be alphabetically marked in combinations not exceeding two letters on said map, or a book kept for that purpose. tion to be Bona fide select sec payment of SECTION 4. From this plat or map including all the marked sections, any person who is a bona fide citizen of this State may select one on paying a license fee of five dollars for citizens may each year to the Collector of the Oyster Revenue of this State, tions upon whose further duties shall extend to the provisions of this act, license fee. and he shall keep a correct account of all such sections licensed Collector with the names of the persons holding the same and such an account licenses issued shall contain their alphabetical number written in. It is herein provided that no section shall include the mouth of any creek, neither shall the space between St. Jones' Creek and Muderkill Creek be included in the provisions of this act. It shall be the duty of the Collector of shall keep of leased sections. No section shall include mouth of creek. OF THE REVENUE OF THE STATE. the Oyster Revenue to pay out of the oyster funds in his hands a reasonable compensation for the survey and map, herein directed, but no further surveying expenses shall be paid by the State. shall not in seine fishing SECTION 5. No person taking out a license to plant oysters Planters on any of these sections shall interfere with the seine fishing terfere with within these limits; in order that he or they may not do so, his shore stakes shall be at high water and his stakes in the bay shall be held there by what is termed a mushroom or beli anchor to which his stakes shall be attached in such way as to permit the lead lines of seines to pass over without getting fast. shall be SECTION 6. Each one of these sections that is planted Sections with oysters shall be staked within its given lines and dis- numbered. tinctly marked by its alphabetical number in letters not less than six inches long by two inches wide, at each corner, and Persons any person who neglects to so stake his section shall have no to stake protection in law under this act. neglecting shall not be protected. Time in dredging Fine for SECTION 7. No person legally holding one of these sections shall be permitted either to plant oysters thereon or take which them therefrom, excepting between the hours of sunrise and planting & sunset, and for every violation of this provision he shall be shall be had. liable to a fine of $10, and any person holding a section non-compliherein described who shall be found wilfully taking the ance. oysters from another section shall pay a fine twenty dollars, taking the and forfeit his own section and all the oysters thereon, and another. shall not be permitted to have another license within the limits herein described. Penalty for oysters of for persons a license within the prescribed. SECTION 8. If any person not having a licensed section Unlawful within these limits shall be found wilfully taking or destroying not holding the oysters on any licensed section, he shall be summarily to fined the sum of twenty dollars for each such offense, and take oysters any Sheriff, Constable or other citizen shall have the right limits above to arrest such person or persons and take them before the Penalty. nearest Justice of the Peace who shall exact such fine and Justice's juif not paid the said Justice shall send such person or persons to the county jail until it is paid or they are otherwise discharged by court. It is provided that such accused person shall have the right to be heard in his own behalf and furnish evidence to prove his innocence, which the justice of the peace shall determine. risdiction. shall be SECTION 9. It is further provided that all boats and Numbers vessels engaged in removing oysters from any of these plainly licensed sections must have plainly painted on their sterns, upon boats painted and vessels. Neglect to OF THE REVENUE OF THE STATE. in black letters on a white ground, as large as on their stakes, their correct alphabetical numbers, or otherwise such boats and vessels may be seized and sold on condemnation before do so works a justice of the peace, by any constable of Kent County, on a forfeiture. ten days' notice being given in five public places in the hundred in which the offense has been committed, but nothing herein shall prevent an appeal to the court under the laws of this State. Fines and be paid to SECTION 10. All fines and penalties accruing from the penalties to execution of this act after deducting costs of suit shall be collector paid to the Collector of the Oyster Revenue and to go into a part of the the oyster fund along with all licenses under this act paid oyster fund. to him, and to be accounted for by him as other oyster revenue is by law accounted for by him under the laws of this State, and all acts or parts of acts inconsistent with the provisions of this act are hereby suspended from operation within the herein described limits. Passed at Dover, March 28, 1887. Preamble. CHAPTER 7. OF THE REVENUE OF THE STATE. AN ACT Concerning the Revenue of the State. WHEREAS the Delaware Railroad Company has hitherto certainly been exempt from all taxation by the terms of its charter; and WHEREAS doubts have been suggested as to when the period of exemption from taxation expires and these doubts can only be authoritatively solved by a judicial construction of its charter, although this Legislature believes that such limitation of exemption expired with the year 1886; and WHEREAS it is expedient that steps be taken to secure to the State the revenue which would accrue from the said Company so far as it is or may be properly taxable; therefore, OF THE REVENUE OF THE STATE. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That the State Treasurer be, and he is hereby State Trea authorized and directed, on or before the first day of July, surer. A. D. 1887, to give notice in writing to the President or Treasurer of "The Delaware Railroad Company" that the State will insist upon its right to collect taxes from the said Company during the present year and thereafter in accordance with the provisions of the several statutes imposing such taxes for purposes of revenue, and if the said Company shall not, pursuant to such notice, pay the gross sum prescribed Failure to by the next section hereof, it shall be the duty of the State ceedings to Treasurer to proceed to enforce the payment by said Company ed. of the taxes imposed by the said statutes. pay. pro be institut the railroad be in com SECTION 2. That if the said "The Delaware Railroad Payment by Company "shall, on the first day of July, A. D. 1887, pay to company to the State Treasurer for the use of the State the sum of fifteen mutation of hundred dollars, and shall likewise, on the first day of all taxes. January and July in each and every year thereafter until otherwise provided by law, pay to the said State Treasurer for the use of the State the like sum of fifteen hundred dollars, such sums shall be accepted and received in commutation and payment of all taxes which would otherwise be due and collectable from the said Company under the provisions of the acts entitled, "An act to raise revenue for this State," passed at Dover, August 11, 1864, and "An act taxing railroad and canal companies in this State," passed at Dover, April 8, 1869. operate to enforce acts. SECTION 3. That this act shall not in anywise abrogate, repeal or alter the provisions of either of the acts mentioned Shall not and referred to in Section 2 of this act, but shall only operate suspend the to suspend the execution and enforcement of the said several ment and acts so far as the said "The Delaware Railroad Company" is operation of concerned, so long as such semi-annual payments shall be regularly and promptly made or until it shall be otherwise provided by law. And further, that nothing herein contained shall be construed to be a contract exempting or relieving the said corporation from any tax or taxes which may be now or hereafter imposed by law, except only that the payment of Shall be in the sums aforesaid shall be in lieu of the special taxes above licu of the named. Provided, that if any corporation, which may be Proviso. liable to any tax under the said two several acts, shall be consolidated with "The Delaware Railroad Company" under any legislation of this State, such consolidation shall not in special tax. OF THE REVENUE OF THE STATE. anywise operate to effect the liability of any such Company for any such tax, but the same or any sum which may have* provided to be received as commutation shall be payable by the said Company as well after as before such consolidation. Passed at Dover, April 20, 1887. *So enrolled. Licenses to surance companies to expire when. Licenses out. CHAPTER 8. OF THE REVENUE OF THE STATE. A SUPPLEMENT to the act entitled, "An act to Raise Revenue and Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION I. That hereafter the licenses to be issued by foreign in the Clerk of the Peace in each of the counties of this State to each foreign life insurance agent and to each foreign fire insurance agent shall expire on the thirty-first day of January following the date thereof, and each of said agents, when he takes out a license for a fractional part of the year, shall pay how taken to the said Clerk of the Peace, for the use of the State, as fee for such license equal to a sum which shall be in proportion to fifty dollars as the time which said license has to run is to for licenses twelve months. And each of said agents shall also pay to the how made. said Clerk of the Peace, for the use of the State, the per centum now required to be paid by law on a like proportion of the gross amount of the premiums received and assessment collected by each of said agents during the year immediately next preceding the day of obtaining such license. Payment Passed at Dover, April 21, 1887. |