Violation misdemeanor. Penalty. Thomas B. Coursey may do essary for propagation OF FISH, OYSTERS AND GAME. mill-pond any fish or fish-spawn, or to do any other act or thing whereby the successful and profitable propagation and culture of fish therein may be prevented, impeded, or in any way hindered, or the fish become injured or destroyed. Any person so offending shall be deemed guilty of a misdemeanor, and, upon conviction thereof, for each offense, be imprisoned not less than one month, and be fined not less than one hundred dollars, one-half of which shall go to the informer and the other half shall be for the use of the State, and shall be liable to the person injured full damages for the injury done, to be recovered before any tribunal where like amounts are recoverable by law. SECTION 7. It shall be lawful for the said Thomas B. Coursey, his heirs, executors, administrators, or assigns, either personally or by his or their agents (and for no other culture and person or persons), to do any and every act or thing, and use any and every means and appliance necessary or advantageous for the stocking, culture and propagation of fish in the waters of the said mill-pond, and for restraining the fish within the limits thereof, and for their capture and sale from time to time. of fish. Certain priv ileges granted. SECTION 8. That nothing in this act shall be [in] derogation or curtailment of any rights or privileges which may at present be vested in the said Thomas B. Coursey in the said millpond or the waters thereof; and nothing in this act shall prohibit or prevent the catching of any fish in said millpond, by angling, or with a hook and line, that are natural to said waters on the passage of this bill. SECTION 9. This act shall be deemed and taken to be a public act, and all acts or parts of acts inconsistent herewith are hereby repealed. Passed at Dover, April 18, 1883. OF STRAYS. CHAPTER 92. OF STRAYS. AN ACT in reference to Live Stock Running at Large in the several School Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: to run at school dis SECTION I. That it shall not be lawful, from and after Unlawful the passage of this act, for any live stock to run at large in for live stock any school district in Sussex county whenever the legal large in any voters of said district, by a vote at any election held for such trict in Suspurpose, have decided by a clear majority of all the legal votes When. cast at said election that they are entitled to the provisions Election. of this act. sex county. son to take pound any district. SECTION 2. It shall be lawful for any person within the when lawful limits of said school districts which is entitled to the privi- for any perleges of this act, to take up any live stock running at large up and imupon the public highways or uninclosed lands within the estrays in district and impound the same, and they shall have the right to demand and receive the sum of one dollar for each animal so taken up, and twenty-five cents per head for every day tion. such animals are kept, and may retain the same until all legal charges are paid. Compensa SECTION 3. Notice shall be given by the person impound- Notices. ing said stock to the owner or owners thereof, by posting, in five of the most public places in said district, a description of Description the stock, with marks, if any, of the same. of stock. jus peace may three per sons to esti SECTION 4. That in case any damage may have been In case damsustained by reason of such stock running at large and tres- ages are suspassing upon the highways or uninclosed lands within the tice of the aforesaid limits, any justice of the peace in the county where appoint such lands are located shall appoint three suitable, disinterested persons to estimate such damages, which, together with mate the the legal charges for taking up and keeping such stock, shall be paid by the person claiming the same, together with one dollar to the justice of the peace, and one dollar each to the persons assessing the damages, before the stock is delivered to the owner or owners thereof. same. Fee. If unclaimed within 30 for sale. Notices. Sale. OF STRAYS. SECTION 5. That in case such stock so impounded is not days, to be claimed, and all just charges paid in accordance with this act advertised within thirty days, the person having such stock in charge shall advertise the same at public sale, and shall give not less than ten days printed or written notices of said sale, posted in five of the most public places in the district in which stock was taken up, at the expiration of which he shall proceed to sell the same, at public auction, to the highest bidder for cash. Proceeds to The proceeds of such sale, after deducting all just charges, be deposited shall be deposited with some constable in the county, who, constable in together with his securities, shall be liable on his official How long bond, and who shall hold the same for one year, if not sooner claimed by some person, who shall prove, to the satisfaction of said constable, that they are the owners of said stock. If not so claimed, it shall be subject to and paid over on the order of the clerk of said school district in which said stock which stock was taken up, to be devoted to school purposes in said district. with any county. When paid over to clerk of school district in is taken. Meeting for election. Notices. Ballot. Who judge and inspec tion. SECTION 6. Ten residents and legal voters of any school district in the county may call a meeting for the purpose of holding an election under the provisions of this act, by posting a written or printed notice in five of the most public places in the district, setting forth fully the object of the meeting. SECTION 7. All elections held under the provisions of this act shall be by ballot. SECTION 8. The chairman of the last preceding annual tor of elec- school meeting shall be the judge of election, and the clerk elected at such annual school meeting shall be the inspector at any election held in said school district for the above purpose, whose duty it shall be to receive the votes and take proper care that the election is fairly conducted under the provisions of this act, and shall be governed by the same laws as are applicable to the general elections held in this State election laws for representatives to the General Assembly. Duty of officers. General applicable. Duty of Clerk of election. Vacancies. How filled. SECTION 9. Before proceeding to vote, the legally qualified voters present shall elect a clerk who is a legal voter, in said district, whose duty shall be to keep a correct copy of the proceedings of the election, and properly attest the same when concluded. SECTION IO. If, from any unavoidable cause, the judge or inspector named in this act are unable to attend to their OF STRAYS. respective duties, the legal voters present at any meeting held under this act shall proceed to elect from those present, by acclamation, a suitable person or persons to take their place; and the judge, inspector and clerk are hereby authorized to administer the oath or affirmation to each other. Where filed. SECTION II. The result of the election shall be certified Certificates. to by the judge and inspector, and attested by the clerk, and if a clear majority of the voters voting at said election have decided, by their ballots, for a stock law in said district, the certificate shall be filed in the office of the Clerk of the Peace for said county, and shall be conclusive evidence of the Evidence. intention of the voters at such election. The polls shall be Polls kept kept open not less than two hours, nor more than three hours, at any election held under this act. open. Time. applicable. SECTION 12. The provisions of this act shall not apply to When not any school district where a stock law now exists, and the power to repeal any stock law under this act is reserved to the Legislature. Passed at Dover, April 19, 1883. CHAPTER 93. OF STRAYS. AN ACT to prevent Live Stock from Running at Large in School District Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met: act run SECTION I. That from and after the passage of this it shall not be lawful for any live stock to be allowed to at large on the highways or uninclosed lands within the limits of School District No. 89 in Sussex County. School District No. 89 in Sussex county. any person SECTION 2. That it shall be lawful for any person in said Lawful for school district to take up any live stock running on the high-p ways or uninclosed land in said district and impound the and impound same; and they shall have the right to demand and receive estrays. OF STRAYS. tion. Compensa- one dollar for every animal so taken up, and twenty-five cents per head for every day such animals are kept, and may retain the same until all legal charges are paid; provided that any person impounding such stock shall first give notice to the owner of said stock so impounded, if known; if not known, shall give public notice, by three written or printed advertisements posted in public places in said district. Notice. If damages sustained peace may appoint three freeholders to SECTION 3. That in case any damages may have been justice of the sustained by reason of stock running at large, any justice of the peace of the county may, upon the application of the person damaged, appoint three suitable freeholders to estimate estimate the said damage, which, together with the legal charge for keeping said stock, shall be paid by the person claiming the same before the same is delivered. same. In case said stock is not claimed within 30 for sale. Notices. SECTION 4. That in case the said stock is not claimed, and all just charges, in accordance with this act, satisfied days, to be within twenty days, the person having said stock in charge. advertised shall advertise the same at public sale, by not less than five written or printed notices, posted for at least ten days previous to said sale in five conspicuous places in said district in which said stock was taken up; at the expiration of which Sale. time they shall proceed to sell the same, the proceeds of Proceeds de- which sale, after deducting all just charges, shall be deposited the clerk of with the clerk of said school district, who shall hold the same for one year, if not sooner claimed by some person who shall prove, to the satisfaction of said clerk, that they were the real owner or owners of said stock; if not so claimed, it shall be subject to and used by said clerk of said district in which the stock was taken up for school purposes of said posited with school dis trict if unclaimed. district. Passed at Dover, February 13, 1883. |