THE OYSTER-INDUSTRY. 149 



Sec. 9. Any person may appropriate not exceeding 15 acres of the free bottom of Delaware bay, sonth of Reedy island and west of 

 Blake's channel, for planting oysters, which shall be properly designated by stakes. This ground, and the oysters planted thereon, .shall 

 be private property. " But before any one shall avail himself of this privilege he shall api)ly, in writing, to the said collector for a license 

 for that pnrx)ose, and pay to said collector the sum of .$-25 as the fee and price therefor, and also the sum of $'-i i)erton (cnstom-house 

 measurement) for the vessel to be employed in the business of planting. The said license shall last only for one year. » » • jjjg 

 privilege granted by this, and the (ir.st .section, shall not embrace .any portion of the bottom which is a natural oy,ster-bed, and h-as been 

 hitherto used and worked as such, nor shall it be extended beyond the more right to plant oysters and hold them as property." 



Sec. S. No person not a resident of the state, or a regularly licensed planter, shall dredge or otherwise take oysters from any public oyster- 

 bed of this state ; penalty, 8100 for each day's otfense and forfeiture; of all boats and tackle. " The fee for license to dredge the public beds 

 shall be S3 per ton (eustom-honse measurement), » » * but such license shall not be taken to authorize the planting of oysters." 



Sec. 4. "The dilTerent plautaiions shall be treated as numbered in the order in which the licenses to plaut are issued under this act 

 and tlie boat or vessel used » » » shall wear that number painted in black, at least 18 inches long, in the middle of her mainsail." 

 And also "shall wear, in the middle of her mainsail, a Roman letter iiainted in bl.ack, 18 inches long, to be designated in the license". 



Sec. 5. For the purjiose of protecting the oyster-beds in the l)ay, and those who plant oysters under this act, the collector of license-fees 

 is in.structed to purchase or hire out of the money collected a suitable " watch-boat", manned by a captain and two men. She shall be 

 employed night and day from March 1 to September 1, or longer, and may call upon any other boat's crew to help her as a poase comitatus, in 

 the enforcement of this act against trespassers. The proceedings to be taken subsequent to arrest and upon conviction, with disposal of 

 fines, are fully stated. 



Secs. 6, 7, 8. Instructions to captain of watch-boat as to powers and duties, and statement of form of proceedings against offenders, 

 and penalties for those who resist the police. 



Sec. 9. Forbids ani/ one dredging in July or August, or on Sunday, or between sunset and sunrise. 



Sec. 10. Taking of oysters from another's j>lantations is designated to be larceny, and punished accordingly. 



Sec. 11. Forbids depositing oysters iu any streams in this state and taking them up in July or August, except with tongs. 



Sec. 12. An oath is required of every person taking out a license, that he will not violate or allow his vessel to be used in violation 

 of this act. 



Sec. 13. A license applies to only one vessel, whoso name must be stated therein. 



Sec. 14. The governor shall furnish suitable liceuses in blank to the collector. 



Sec. 15. The collector shall be apjtointed by the governor of the state ; he shall take oath of office and give i>enal surety. 



.Sec. 1G. The duty of the collector shall be to enforce this act ; when so engaged the watch-boat shall be under his orders, and he is 

 clothed with all needful powers. 



Sec. 17. Creates a new justice of the peace at Little Creek Landing, Kent county, specially to administer this law. 



Sec. 18. Compensation of collector fixed at 5 per cent, of moneys collected, not to exceed j!l,000 ; of captain of watch-boat, $80 per 

 month ; and of crew, 5^40 per month each, they finding their own board, to be paid out of funds collected. 



Sec. 19. Moneys collected to be for the use of the state, except what is needed for expenses under the act. 



Sec. 20. Publication of the act. 



Sec. 21. In case of the use of a boat of only two tons burden, the license shall cost only $25. 



Laws of 1875. 



Section 1. Instructs all oyster-boats acting under Delaware laws not only to cease their opcnpation, but to bo taken " within the land " 

 at or before sunset, and the captain of the watch-boat must enforce this. A signal for retiring shall be given from the watch-boat ; and 

 when that is shown there shall be an end, until sunrise next day (not Sunday), of all work upon the oyster-plantations or upon the public 

 beds. Such signal shall be the lowering of the watch-boat's flag. This flag shall be of navy-blue bunting, six feet Ijy four in length, 

 with a diamond of white in the center, having a diameter of two feet between the points farthest apart. She shall always wear it at her 

 maintopmast head during the working hours, aud she shall never leave the planting-grounds, but shall cruise up and down the same, if 

 the wind will allow, except when she is compelled, by floating ice, severe stress of weather, accident, or want of repairs or supplies, from 

 remaining in the bay, it being the design of passing this act, as it was of passing prior acts, that honest i)arties who jilant oysters under 

 the shield of the state authority, shall be protected in the rights which were intended or are hereby meant to be secured to them; and 

 that otl'enders against such authority shall be brought to condign punishment. 



Secs. 2, 3. Prescribes as penalties for violation of section 1, annulment of license, forfeiture of boat and equipment, and refusal of 

 license for two years succeeding the offense. The exact method of procedure before the court, in executing trial and penalties, ia set 

 forth at length. 



Sec. 4. Where a plantation license has been issued and a plantation appropriated, and the fee for any year is in arrear, no right to 

 dredge or disjiose of said jilantation shall exist until all the liack fees are paid up, and no sale or disposal of an oyster-plantation, or right 

 to dredge it, or plant upon it, shall be valid until first approved by the collector, who shall not give his approval if, in his judgment, it 

 will be prejudicial to the interests of the state, or of i)lanters whose i^lantations lie in the neighborhood. 



Sec. 5. No boat whatever shall be allowed to work, until her owner has complied with the law in regard to wearing lier number, of 

 legal dimeusions, upon her mainsail; and if she attempt to do so she shall be seized by the collector or captain of the watch-boat, and 

 held until her number is painted upon her sail. 



Sec. G. It shall be the duty of the person for the time being in charge of the watch-boat, to report at once to the collector all 

 violations * » • ^ amX a failure to do so shall be a forfeiture of any wages that may be due him; and further, he shall not be allowed 

 any longer to have charge of the watch-boat, and his place therein shall be vacant • • « The possession or having the care and 



management of any oyster-boat shall, for the purposes of this act, be deemed and taken to be conclusive proof of ownership » » * ^ and 

 all persons on board of her at the time of sach violation, shall be deemed and taken to be principal offenders, and be dealt with 

 accordingly. 



Sec. 7. It shall be the duty of the collector and 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, and failure to do this, or a concealment of the name, shall be punished by annulment 

 of license and a refusiil of license ever after. 



Sec. 8. 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 botird of her shall give it to him, and the name given 

 shall be taken to be the true name of such (iwuer, who shall be held * » » an accessory before the fact to any violation * * * of 

 this or the aforesaid acts, and liable accordingly. In case refusal be made to furni.sh the name of the owner, or there should be reason to 

 believe that the true n«me is not given, it shall be the duty of those officers, respectively, to immediately take the boat ils'elf into his 



