Page images


domestic Oyster purposes.

shall cause

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

the mouth of Mispillion Creek, three hundred yards wide, extending 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. 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 Orster share. to be Revenue to employ a competent surveyor and go with liim

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 ginning. straight and longest lines he can get, follow the sliore, plant

ing 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

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. SECTION 4.

From this plat or map including all the marked sections, any person who is a bona fide citizen of this Bona fide 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 fec. and he shall keep a correct account of all such sections licensed

with the names of the persons holding the same and such an account licenses issued shall contain their alphabetical number written of leased sections. in. It is herein provided that no section shall include the

mouth of any creek, neither shall the space between St. No section

Jones' Creek and Muderkill Creek be included in the provisions of this act. It shall be the duty of the Collector of

tion to be

numbered. Creek.

Collector shall keep

shall include mouth of creek.


Sections shall be

shall not be

Time in

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.

SECTIOX 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,

seine fishing 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 perinit the lead lines of seines to pass over without getting fast.

SECTION 6. Each one of these sections that is planted 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 110 stake protection in law under this act.

protected. 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 loving sunset, and for every violation of this provision he shall be shall be had. liable to a fine of $io, and any person holding a section non-compliherein described who shall be found wilfully taking the ince.

Penalty for orsters from another section shall pay a fine twenty dollars, taking the and forfeit his own section and all the oysters thereon, and shall not be permitted to have another license within tlie limits herein described.

SECTION 8. If any person not having a licensed section Cnlawful within these limits shall be found wilfully taking or destroying not holding the oysters on any licensed section, he shall be summarily catcher fined the sum of twenty dollars for each such offense, and take oysters any Sheriff, Constable or other citizen shall have the right limits abovo 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.

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

and vessels.

Oysters of another.

for persons



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

All fines and penalties accruing from the
penalties to execution of this act after deducting costs of suit shall be
be paid to
collector paid to the Collector of the Oyster Revenue and to go into
and become the oyster fud 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.




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,

[ocr errors]


be in commutation of

Be it cnailed by the Senate and House of Representatives of the State of Delaware in General Assembly met: SECTION 1.

That the State Treasurer be, and he is hereby Stato Freso 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.

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 sun of fifteen 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 II, 1864, and "An act taxing railroad and canal companies in this State," passed at Dover, April 8, 1869.

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 suspond tho to suspend the execution and enforcement of the said several ment and acts so far as the said “The Delaware Railroad Company” is om mention of concerned, so long as such semi-annual payments shall be regularly and promptly made or until it shall be otherwise provided by law. Ånd 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 the sums aforesaid shall be in lieu of the special taxes above lieu 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

Shall be in




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.



A SUPPLEMENT to the_act entitled, "An act to Raise Revenue and

Provide for the Current Expenses of the State Government,” Passed at
Dover, March 22, 1867.


Be it envited by the Senate and House of Representatives of the State of Dilanare in General Assembly met:

SECTION 1. That hereafter the licenses to be issued by Licenses to foreign in- the Clerk of the Peace in each of the counties of this State companies

to each foreign life insurance agent and to each foreign fire to oxpiro insurance agent shall expire on the thirty-first day of January when.

following the date thereof, and each of said agents, when he Licenses

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 suun which shall be in proportion

to fifty dollars as the time which said license has to run is to Payment for licenses

twelve months. And each of said agents shall also pay to the how mado. said Clerk of the Peace, for the use of the State, the per

centum 110w 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.

Passed at Dozer, April 21, 1887.


« PreviousContinue »