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OF THE REVENUE OF THE STATE.

bonds by

Treasurer

to successful

Record of
State

As soon as the said bonds shall have been signed and sealed Delivery of as by this act authorized, the State Treasurer shall forthwith the State deliver the same to the party who shall have deposited with him the said sum of two hundred and fifty thousand dollars, bidder. taking his receipt therefor, and shall deliver such receipt to the Secretary of State to be recorded in the official register It shall also be the duty of the State and filed in his office. Treasurer to provide a record of proper size and proportions, to be retained in his office, so ruled as to afford a separate Treasurer. space for each coupon and a space at the top of each page of said record for each bond when paid or redeemed, and each space at the top of said record shall bear the same number as the bond, a record whereof is intended to be therein preserved. As the said coupons are paid, it shall be the duty of the State Cancelling Treasurer to mark the same in red ink across the face "paid, cut each of them in two lengthwise, and paste the pieces in the appropriate space for such coupon in the record aforesaid; and, as the said bonds shall be paid or redeemed, Bonds, how the State Treasurer shall cause the same to be cancelled by cancelled. making lines with red ink through the signatures of the Governor, Secretary of State and State Treasurer, and also by writing across the face thereof, in red ink, the following words: "This bond paid (or redeemed as the case may be) —, by the payment of the day of dollars interest represented

this

sum of $1,000 principal and by coupon No.

by

A. D.

State Treasurer."

,, of coupons.

and when

bonds and

proper

And all coupons unmatured and surrendered with each Pasting of bond redeemed shall each likewise be endorsed "Cancelled by canceled "in red ink. When paid or coupons in the redemption of bond No. redeemed the said bonds shall be pasted in the appropriate record. spaces in the record aforesaid, and all coupons paid or surrendered shall likewise be pasted in their appropriate space in such record.

how award

made.

SECTION 4. In case more than one person, firm, or corpo- In case of ration shall signify a willingness and purpose to make the loan like bids to the State by this act invited and authorized, and shall accom- shall be pany such signification by a deposit of five thousand dollars, as provided by Section 1 of this act, the party whose written signification and deposit shall be first delivered after the passage of this act to the State Treasurer, shall have preference and priority, and shall, upon making the further deposit on the twenty-fifth day of May, A. D. 1887, and not otherwise, be entitled to receive the whole of the bonds authorized by

compliance

to the State.

Duty of

OF THE REVENUE OF THE STATE.

this act to be issued. But if the party who would otherwise be entitled to such preference and priority shall fail to make ure or non- the deposit of two hundred and forty-five thousand dollars as forfeiture of required by Section 1 of this act, the sum of five thousand guarantee dollars so deposited by him shall be absolutely forfeited to the State for and on account of such default. The State Treasurer shall, immediately on receiving any written signification of willingness to make the loan by this act invited and authorized, accompanied by the deposit of five thousand dollars, give to the party so signifying and depositing an acknowledgState Treament in writing, under his hand as State Treasurer, of the receipt of fact of the receipt by him of such signification and deposit and stating therein, as to the party making the first signification and deposit, that it is the first received by him, and that such party will, on making the further deposit of two hundred and forty-five thousand dollars, be entitled to receive the whole of the bonds authorized to be issued by this act. When such party shall have made the whole deposit of two hundred and fifty thousand dollars, the State Treasurer shall surer shall give such party an acknowledgment therefor in the following form:

surer upon

application.

give a

receipt.

Form of receipt.

Public faith pledged.

I,

STATE TREASURER'S OFFICE, STATE OF DELAWARE,
DOVER, DEL., May 25, 1887.
State Treasurer of the State of Delaware,

of

do hereby certify that I have received on behalf of the said
State from
the sum of Two Hundred and
Fifty Thousand Dollars, loaned to the said State pursuant to
the provisions of the act of A. D., 1887, and to secure

the said loan the bonds of the said State to the said amount
to be dated June 1st, 1887, and to bear interest from and
after that date at the rate of three per centum per annum, as
provided for by said act will be delivered to the said
soon as they can be prepared and executed in accordance
with the terms of the said act.

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as

SECTION 5. That the public faith is hereby expressly pledged for the full and complete payment of the loan, principal and interest, by this act invited and authorized, and the bonds hereby authorized to be issued to secure the same; Bonds ex and that the said bond shall be exempt from taxation by this State for any purpose, and the State Treasurer is hereby authorized and directed to cause all blanks in the forms of the said bonds and coupons hereinbefore prescribed to be appropriately filled.

empt from

taxation.

OF THE REVENUE OF THE STATE.

How to be

SECTION 6. That the said sum of two hundred and fifty thousand dollars to be received under the provisions of this act be, and the same is hereby specially pledged and appro-appropriat priated to the payment of the like sum of the present bonded el. debt of this State, evidenced by two hundred and fifty bonds from numbers 1 to 250 inclusive of Serics "B," issued pursuant to the provisions of the act entitled "An act to provide for the refunding of the present bonded debt of this State at a lower rate of interest, passed at Dover, March 16th, 1881," and as soon as the said moneys shall be received by the State Notice by Treasurer he shall forthwith give notice in accordance with State Trea the requirements of Section 4 of the act last aforesaid, that redemption the State elects to redeem two hundred and fifty of the bonds bonds. of said Series "B" from number 1 to 250 inclusive and that the same will be redeemed on the first day of July, A. D. 1887, on presentation at the Philadelpha National Bank in the city of Philadelphia, and that interest thereon will cease to accrue after the said first day of July, A. D. 1887.

surer of the

of certain

how paid.

SECTION 7. That all expenses of preparing, issuing and Expenses, delivering the bonds by this act authorized, and of advertising the calls for the redemption of the bonds of Series "B" authorized to be redeemed, shall be allowed to the State Treasurer, and paid out of any unappropriated money in the Treasury, he producing and exhibiting the necessary vouchers therefor as by law required with reference to other disbursements of the public funds; and further that the Secretary of State and State Treasurer shall respectively compensareceive such compensation for the service to be rendered tion for serand performed by them under this act as shall be allowed by the paid." Legislative Committee at its session in January 1888, and said committee is hereby expressly authorized to make such allowances, and to draw drafts on the Treasurer accordingly. Passed at Dover, March 15th, 1887.

vices, how

OF THE REVENUE OF THE STATE.

Unlawful to

CHAPTER 4.

OF THE REVENUE OF THE STATE.

A Further Additional Supplement to the act entitled "An Act in Relation to Oysters" South of Mispillion Creek.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, as follows: SECTION I. That from and after the passage of this act plant it shall be unlawful for any person to lay out or plant oysters the follow within the following limits in Delaware Bay: Beginning at the mouth of Mispillion Creek and running in an easterly course to West Flats, thence south to Cape Henlopen, thence a westerly* to the beach, except as is hereinafter provided.

ters within

ing limits.

Bona fide citizens inay, in

fined, ap

not ore

less than

acres for the

purpose

&c.

in

writing

SECTION 2. Any person or persons, who are bona fide citizens of the State of Delaware, may, for the purpose of limits de planting oysters and catching the same by means of dredges, propriate tongs or rakes, appropriate to his or their own use a part of than fifty or the bottom of the bay, within the limits defined in Section I twenty five of this act, which shall not exceed in area more than fifty he acres nor less than twenty-five acres, which part shall be planting. designated by him or them by stakes to show at least two feet above high water mark and not be obstruction to navigation or interfere with the rights of fishermen. It shall be the possession of the planter or planters and the oysters to be deposited therein and their increase shall be his or their Must private property; but before any person shall avail himself of to Collector this privilege, he shall apply in writing to the Collector of for a license the Oyster Revenue for a license for that purpose, and shall plying shall pay to the said Collector the sum of fifty cents per acre for each and every acre to be by him or them staked off for the purpose aforesaid, and also the sum of one dollar per ton staked off (Custom House measurement) for the vessel employed in dollar per the business of dredging or planting, and shall also pay to the vessel used said Collector, as the fee or price therefor for the privilege of of five dol- dredging or tonging said oysters, the sum of five dollars for lars for the each and every boat and pair of tongs used in said boat, and tonging. the said tongs shall have painted on them a number corresTongs shall ponding with said boat's number, and no more shall be in number demanded for the use of said tongs by whomsoever used. boat. The said license shall last only one year and must be renewed by the first day of April of each year and the like sum be paid at the time of each renewal.

Parties ap

pay fifty cents per acre for each acre

and one

ton for the

and the sum

purpose of

correspond

with the

*So enrolled.

OF THE REVENUE OF THE STATE.

oysters

SECTION 3. That if any person or persons shall take and Taking carry away from the area or plantation of another, so as larceny. aforesaid appropriated to his use, any oysters being within the limits thereof, without the consent of the owners thereof, he shall be deemed guilty of larceny and upon conviction thereof be punished accordingly, and it shall be no objection to a prosecution for larceny in such a case that the act was done openly. In addition to the said punishment there shall be imposed a fine of one hundred dollars, one-half to be given to the informer and the other half to the owner or owners aforesaid.

ing of See

demeanor.

SECTION 4. Any person violating the provisions of Sec- The violat tion one of this act shall be deemed guilty of a misdemeanor tion la mis and on conviction thereof, before any justice of the peace of Sussex county, shall be fined for each offense the sum of one hundred dollars and shall forfeit all oysters planted by him or them, the vessel used by him or them in the planting of said Conviction oysters, and all and everything in and belonging to her; the forfeiture. one-half of said fine shall be paid to the informer and the other half to the Collector of Oyster Revenue.

to work a

Justice shall issue

upon affi

before him.

SECTION 5. That when an affidavit is filed before said justice charging that a violation of this statute has been warrant committed by any one and setting forth a description of the davit filed boat or vessel used by him or them so charged, the said justice shall issue a warrant, directed to any constable of said county, authorizing him to arrest the person or persons therein charged and also to seize and hold said boat or vessel and all and everything in and belonging to her until the final order of the justice of the peace in the premises.

the justice.

SECTION 6. That upon such conviction, the said justice Powers of of the peace shall have the power and authority to commit any one so offending to the jail of Sussex county until said fine and costs are paid, and also to issue an order to any constable of said county, empowering and directing him to seize and sell said boat or vessel used by such offender in the planting of oysters in the waters aforesaid, or catching or carrying away the same without the consent of the owner thereof, and all and everything in and belonging to her, on ten days notice, posted in two of the most public places in Notice of each of the hundreds of Cedar Creek, Broadkiln, Lewes and given. Rehoboth, and that such sale shall convey to the purchaser or purchasers of said boat or vessel and all and everything belonging to her, a good and valid title thereto.

SECTION 7. That the proceeds of said sale so as aforesaid

sale how

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