CHAPTER 204 - OYSTERS

AN ACT RELATIVE TO TAKING OF OYSTERS FROM INDIAN RIVER BAY, REHOBOTH BAY AND ASSAWAMAN BAY IN THE STATE OF DELAWARE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 74 of the Revised Code of the State of Delaware, as amended by Chapter 191 of Volume 33, Chapter 234 of Volume 36, and Chapter 217 of Volume 37, of the Laws of Delaware, be and the same is hereby further amended by striking out 2480 Section 123 and inserting in lieu thereof a new section to be known as 2480 Section 123 as follows:

2480. Section 123. Persons May Appropriate Acres in Indian River or Rehoboth Bay or Assawaman Bay for Oyster Planting; Oysters Property; Staking; Plot to Be Filed:--Any person may appropriate to his own use a part of the bottom of Indian River or Rehoboth Bay or Assawaman Bay for planting oysters, which part he shall designate by corner stakes to show at least two feet above the ordinary high water mark and not to be obstructive of navigation. 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 private property. Provided that any such person so intending to appropriate any part of the bottom of said Indian River or Rehoboth Bay or Assawaman Bay shall, within thirty days after he has so as aforesaid staked off the area which he intends to use for planting oysters, file with the Commissioner hereinafter in this Article provided for, a sufficient plot and description of said area whereby the same may be known and located, reference being made in plot and description to natural objects, or to artificial boundaries erected or fixed on the shore or shores of said Indian River or Rehoboth Bay or Assawaman Bay. Said plot or description shall be recorded in the office aforesaid. If the planter shall fail to file a plot and description within the time aforesaid or shall fail to pay his or her ground rent within thirty days after the same shall become due and payable, he or she shall forfeit all right, title and claim to the area aforesaid, and the same may be appropriated for the purposes aforesaid by any other person.

Approved April 18, 1935.