STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 1337 



implements for fishing, gill-net or seine, or any contrivance for taking 

 fish, and anything so taken shall be forfeited and may be seized and 

 detained for trial by any officer or person. Such trial may be had 

 before any justice of the peace, and if condemned, the property seized 

 shall be sold by his order, and the proceeds, deducting costs and 



charges, be equally divided among the captors: 



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SEC. 6. [Every person being a citizen of this State, who may desire 

 to fish in the Delaware bay or river, for market, with nets, shall make 

 an affidavit before a justice of the peace of this State, stating that he 

 is a bona fide citizen of the State of Delaware, giving his place of 

 residence and the length of time he has resided at said place, and that 

 he is the true and legal owner of the boat and net to be used in fish- 

 ing ; that he will not use such boat and net, or either of them, in the 

 interest of any person not a citizen of this State. Said affidavit shall 

 be filed in the office of the justice of the peace before whom it is made, 

 nnd the party making said affidavit shall procure from the justice of 

 the peace a certificate, stating that such an affidavit has been made, 

 and exhibit and show the same to any person demanding an inspec- 

 tion of the same. The affidavit required to be made and certificate 

 obtained under this section shall be made and obtained before the 

 first day of April in each and every year such person proposes to fish. 

 Any person who shall violate any of the provisions of this section 

 shall be guilty of a misdemeanor, and upon conviction thereof shall 

 be fined not less than fifty dollars, and shall also forfeit the boat, or 

 net, or both, as the case may be, used in fishing.] [Provided, that 

 the provisions of this section shall apply to those citizens of this 

 State only who may desire to fish for sturgeon or with nets exceeding 

 seventy-five (75) fathoms in length.] 



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SEC. 8. It shall be unlawful for any person to make use of any gill- 

 seine of a less mesh than ten inches for the purpose of catching fish 

 in the River Delaware, within the jurisdiction of this State, above 

 the southern point of Reedy Island, between the tenth day of June 

 and the tenth day of August in any year, and he, she, or they 

 789 so offending shall forfeit or pay the sum of one hundred dol- 

 lars, together with costs of suit, for each and every offence, 

 and one-half of said penalty shall be paid to the informer. 



SEC. 9. It shall be unlawful for any person to cast, draw, fasten, 

 or otherwise make use of any net, trap, device, or contrivance for the 

 purpose of catching [shad] in the River Delawaare, or the bay 

 thereof, within the jurisdiction of this State, between the hours of 

 (eight) on Saturday and midnight of Sunday, throughout the year, 

 and he, she, or they, so offending, shall forfeit and pay the sum of 

 fifty dollars, together with costs of suit, for each and every offence, 

 and one-half of said penalty shall be paid to the informer. 



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Passed at Dover, March 28, 1871. 



