CONCERNING THE PUBLIC REVENUE.

to be and appear before (the name of the Justice) one of our justices of the peace of said county at his office at

in Hundred, at o'clock, (A. M. or P. M., as the case may be) on the day of (instant or next as the case may be) to show cause if any he have or can show, why his license under the "Act in relation to Oysters," and the other legislation connected therewith shall not be annulled, and his boat the (name of boat) and her tackle, apparel, furniture and equipments, forfeited to the State for an alleged violation of an act passed at the session of 1875, entitled "An additional supplement to the act entitled 'An act in relation to Oysters.'"

Witness my hand and seal this

day of A. D. 18

(Name of Justice) J. P.

SEAL.

It shall be the duty of the collector, who is hereby clothed with the necessary authority for that purpose, to serve and make due return of said process. Service upon the boatowner shall be sufficient, if made upon any adult person having such boat in charge, or employed in her, if the owner be not on board. If no one be on board, a copy of the writ may be nailed to her mainmast, and that shall be sufficient service. And further, the boat itself shall be seized into the hands of the collector and kept until the hearing, and afterward until the sale, if judgment of condemnation be given. The time Return of for return of the writ shall not be over three days from the date of its issue, and the time for appearance shall be the day Appearance of the return; but if three days' notice have not been given, the justice may adjourn the hearing for three days and from ment of time to time, not over two weeks, to have due service and give the defendant a fair trial. If cause be not shown, the justice Judgment of shall render a judgment annulling and revoking the license or and for- licenses of the defendant, and also of forfeiture of his boat feiture. and her tackle, apparel, furniture and equipments, which shall for sale of be sold by a constable, upon an order of the justice, to the boal backle, highest bidder for cash, on ten days' notice in the hundred where the condemnation of forfeiture takes place, by five pubmay appeal lic advertisements fairly posted. The defendant, by giving seperior Court curity, as appellants do in other cases before justices of the days after peace, may take an appeal to the Superior Court, provided he judgment, apply for the same within ten days from the time when judgsecurity. ment was rendered, and also give security in the full value of the forfeited property, such appeal, however, shall be no re

CONCERNING THE PUBLIC REVENUE.

a

to restore

suspended

appeal.

Defendant's

during

storation of the license, which shall be inoperative and sus- Appeal not pended until the case is finally decided in favor of the defend-license ant. And in all cases of appeal hereafter taken under the act License to which this is a supplement, the license held by the defend- during penant shall be suspended and inoperative, until final decision in dency of the his favor in the Appellate Court, but in every case of appeal, Status of and pending proceedings therein, the plantation of a defend- plantation ant shall be under the protection of the law, as public oyster pendency of beds are, to be restored to the defendant if the judgment be in appeal effect annulled or reversed, but not otherwise. Said judgment paid. shall carry costs. If the proceeding fail, the costs shall be paid proceedings by the collector out of the public money in his hands. The may be used form of proceeding mentioned in this section, may be used in violations of any case of breach of the provisions of this act, or of the acts. original act and its other supplements, adapting it to the na-licenses ture of the offence.

Costs, how

Same form of

the oyster Plantation

in arrear. Suspension of right to

plantation

ment of such

No sale or

SECTION 4. And be it further enacted, That where a planta- dredge or tion license has been issued and a plantation appropriated, and dispose of the fee for any year is in arrear, no right to dredge or dispose until pay. of said plantation shall exist until all the back fees are paid fees up; and no sale or disposal of an oyster plantation or right to disposal of dredge it or plant upon it, shall be valid until first approved by plantation or the collector, who shall not give his approval, if, in his judg-dredging or ment, it will be prejudicial to the interests of the State, or of planting planters whose plantations lie in the neighborhood.

right of

thereon until approved by collector. Collector not

When.

her number

sions is

SECTION 5. And be it further enacted, That no boat what-to approve: ever, shall be allowed to work until her owner has complied No boat to with the law in regard to wearing her number of legal dimen - work until sions upon her mainsail; and if she attempt to do *, she shall of dimenbe seized by the collector or captain of the watch-boat, and painted upon held until her number is painted upon her sail; and no compliance with the law with respect to number shall be adequate, non-compliunless such number be painted upon the mainsail; nor with respect to the letter designated in her license (according to section 4 of the original act) unless such letter be painted thereon.

her mainsail. Penalty for

ance.

Seizure, &c.

SECTION 6. And be it further enacted, That it shall be the Duty of duty of the person for the time being in charge of the watch charge of boat, to report at once to the collector, all violations of this Watch-boat act, or those passed at the sessions of 1871 and 1873, in rela-violations of tion to the general subject; and a failure to do so shall be a acts. forfeiture of any wages that may be due him ; and further, he neglect of shall not be allowed any longer to have charge of the watch-duty. boat, and his place therein shall be vacant. This shall not be held to release him from his own duties upon violation of said

1

What to be
deemed
conclusive

acts.

CONCERNING THE PUBLIC REVENUE.

The possession or having the care and management of proof of any oyster boat, shall, for the purposes of this act, be deemed ownership of and taken to be conclusive proof of ownership, so as to disboat for the pense with the necessity of any proof whatever of title to the purposes of boat; and every actual owner of an oyster boat, which is used in violating the oyster laws of 1871 or 1873, aforesaid, or this Who shall be act, and all persons on board of her at the time of such viola tion, shall be deemed and taken to be principal offenders, and be dealt with accordingly.

deemed
principal
offenders.

How name of vessel shall be painted.

non-compli

SECTION 7. And be it further enacted, That it shall be the duty of the collector and of the captain of the watch-boat to see that the name of any boat employed in planting or dredging for oysters is plainly painted on her stern, at the usual place, in white letters upon a black ground, or black letters upon a white ground, so that the same may at all times be seen; and Penalties for if he find any boat not so lettered, or the lettering shall be concealed or otherwise obscured, he shall notify the persons collectorated on board of her, that the license under which she is employed Watch boat. is annulled, and thereupon the said license shall be annulled, and there shall be no right thereafter to use or employ her in planting or dredging. And further, the party by whom she is at the time used or employed, or under whose order or authority she sails, shall not have any license granted to him or for his use or benefit at any time afterward.

ance.

captain of

Further
duties.

Shall keep a
monthly
record of

names of

the owner

and em

ployees.

of every boat,

to be given

by those on
board

whose name
is so given.
Duties and

officers

SECTION 8. And be it further enacted, That it shall be the further duty of the collector and captain to ascertain, at least once every month, and keep a record thereof, the name of the owner of every boat employed in the oyster business, and those on board of her shall give it to him; and the name given shall be taken to be the true name of such owner, who shall be held

and taken to be cognizant of, and consenting to, any violation of the act to which this is a supplement, and the other acts Responibili connected with the same, by any one on board his boat. He shall be an accessory before the fact to any violation by them, of this or the aforesaid acts, and liable accordingly. In case powers of the refusal be made to furnish the name of the owner, or there case of should be reason to believe that the true name is not given, furnish name it shall be the duty of those officers respectively, to immediately take the boat itself into his custody.and detain her until the proper and right name be furnished, and to that end he shall have power to call upon and require, as he may in every other case of necessity, the Sheriff of the County to aid him, which Sheriff may employ any force or means whatever, for that pur

refusal to

of owner.

pose.

SECTION 9. And be it further enacted, That in addition to

CONCERNING THE PUBLIC REVENUE.

requirements

furnished.

the other requirements made by law, no license to plant Additional
oysters shall be * until the applicant shall furnish the col- for licenses.
lector with a statement of the boat or boats to be employed Statement to
by him in the business, giving separate name and tonnage, be furnis
and the name of the owner, and the persons who are to work specify.
her. This provision, however, shall not apply to the case of a
plantation worked by a person other than the owner, but when Exception.
so worked, the person employed to work it shall make the
statement before he begins to work. Should he fail to do so,
the Collector shall seize and hold his boat until the requisite

information be given.

to give his

SECTION 10. And be it further enacted, That no person not Non-resident a resident and citizen of this State, shall hereafter take out a name and license to plant or dredge, until he shall furnish the collector place of with his name in full, and the place of his residence as minutely as may be.

residence.

State treasurer shall

the collector

of the names

SECTION II. And be it further enacted, That it shall be the duty of the State Treasurer to require from the collector, obtain from whose duty it shall be to furnish it, information on the first day a sworn list of June and September of each year, of the names and resi-and resi dences of all persons having licenses to plant oysters or dredge dences of for them, and the names of the boats used in the business; and the and this information shall be given in writing and upon oath boats used. legally administered, this being intended as a guide in the

settlement with the collector.

all

names of all

the

he has

SECTION 12. And be it further enacted, That it shall be the Duty of the duty of the captain of the watch-boat when he has knowledge captain of of a violation of any of the provisions of this, or the other boat when acts with which this is connected, to proceed immediately to knowledge of seize the boat or boats employed in such violation and hold a her or them in his custody until he has furnished the collector laws. with the facts upon which he has acted, and until such collector has proceeded to enforce the provisions of this andt and the other of said acts.

any violation of the oyster

tion of the

watch-boat,

SECTION 13. And be it further enacted, That neither the Compensa.
Captain of the watch boat, nor any of her crew shall receive captain and
any pay for time not actually and actively spent in the dis- crew of the
charge of the duties required by this act, and the act to which
this is a supplement, but such time shall be deducted in the
computation of their wages.

SECTION 14. And be it further enacted, That the captain and Their
of the watch-boat shall be practical seamen, and part of qualifications

Certain

repairs,

LAWS OF DELAWARE.

CONCERNING THE PUBLIC REVENUE.

their duty shall be to keep the boat, her apparel, tackle and furniture, in good repair and condition, and this without extra ized, author charge; and no repairs involving extra expense shall be made without the concurrence of both the collector and captain, and then only such as are authorized by law.

Collectors shall issue no license until

SECTION 15. And be it further enacted, That the collector fee has been price or fee for said license has been actually paid, and the shall issue no license nor permit any boat to dredge, until the collector violating this provision shall not only be responsible Penalty for for said license fee, but shall, in addition thereto, forfeit a like sum to the State, which shall be sued for and collected by action on his official bond, as in other cases of a breach of the conditions thereof.

violation.

List of

licenses to be shall keep a true and accurate list of all licenses issued by him, SECTION 16. And be it further enacted, That the collector

kept by collector.

What to

specify.

When and

how to be

giving the names of every boat and Captain thereof, respectively, with the amount paid for each license, which list he shall publish in at least one newspaper in Dover, the first week in

published. April and October, each year.

Collector to

keep a

separate account in Farmers Bank at

Dover, of all moneys re

ceived for

licenses.

How the

same shall

SECTION 17. And be it further enacted, That the collector shall keep a separate account in the Farmers' Bank at Dover, of all moneys received by him for licenses issued, and shall deposit, weekly, all moneys received by him therefor. And all disbursements which he is or may be authorized by law to make, shall be by checks drawn on said fund in his official capacity, which shall be indicated by the written or printed

be deposited word, "Collector" immediately after his name.

and drawn

by him.

Boundary

stakes once

set

These checks

shall be numbered, consecutively, from first to last, during his continuance in office; shall state briefly what they are for; and the bills for which they are given shall have a corresponding number, and shall be filed in order in the office of the collector, and shall be subject to the inspection of any citizen and tax payer who may wish to examine the same; and no disbursements shall be made by the said collector in any other

way.

SECTION 18. And be it further enacted, That when the boundary stakes required by the act to which this is a suppleNot standing ment, have once been set, it shall be neither a defence nor excuse for any person prosecuted for a violation of any of the provisions of this act, or the act to which this is a suppleprosecuted. ment, that they were not standing or visible at the time the Conviction; alleged offence was committed; but if the person accused be proved to have taken oysters anywhere but on his own ground, he may be properly convicted.