CHAPTER 131

OYSTERS

AN ACT TO AMEND CHAPTER 74 OF THE REVISED CODE OF DELAWARE, 1935, RELATIVE TO FISH, OYSTER AND GAME, PROVIDING FOR THE PROTECTION OF THE OYSTER BEDS IN THE BROADKILN RIVER AND MISPILLION RIVER AND PROVIDING THAT THE WARDEN EMPLOYED ON WATCHBOAT PATROLLING BROADKILN RIVER SHALL BE A RESIDENT OF THE TENTH REPRESENTATIVE DISTRICT IN SUSSEX COUNTY.

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

Section 1. That 2951. Section 150 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 2951. Section 150, and inserting in lieu thereof a new section to be known as 2951. Section 150, as follows:

2951. Section 150. Watchboat Maintained by; Oyster Revenue Collector; Wardens in Charge; Appointment by Governor; Salary of Wardens; Penalty for Violation:--For the purpose of protecting the oyster beds in the Broadkiln River and the Mispillion River, and those who have planted, or may hereafter plant, oysters therein, the Collector of the Oyster Revenue shall keep and maintain upon each of said Rivers a suitable watchboat, upon each of which shall be placed a Warden and any other person or persons necessary, in his judgment, to enforce the oyster laws relating to the Broadkiln River or the Mispillion River. The said Wardens and other employees on said watchboats shall be appointed by the Governor, to serve at his pleasure; the Warden employed on said watchboat patrolling the Broadkiln River shall be a resident of the Tenth Representative District in Sussex County; the Warden employed on the watchboat patrolling the Mispillion River shall be a resident of Cedar Creek Hundred in Sussex County. The said Wardens and other employees on said watchboats shall be paid a salary commensurate with their duties by the State Treasurer upon proper voucher signed by the Collector of the Oyster Revenue. The said watchboats shall be employed at all times in the protection of the natural oyster beds in said Rivers and any other oyster plantations of the several planters and shall cruise at all times, when the weather will allow, over the oyster beds and plantations for their protection and for the purpose of carrying into effect the laws of this State pertaining to oysters in the Broadkiln River and Mispillion River.

Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be compelled to pay a fine of Fifteen Dollars for the first offense and Fifty Dollars for every additional offense. Upon a third conviction, in addition to the penalty above provided, it shall be the duty of the Collector of Oyster Revenue upon proper certification of the same to revoke the license of the convicted person for a period of one year from the date of said third conviction.

Approved April 28, 1939.