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OF THE REVENUE OF THE STATE.

Grounds.

filed with

sioner.

bottom of Indian River or Rehoboth Bay for planting oysters, which part he shall designate by corner stakes to show at Private least two feet above the ordinary high water 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 citizen so intending to appropriate Proviso. any such part of the bottom of said Indian River or Rehoboth 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 appointed a Plot to be sufficient plot and description of said area, whereby the same Commis may be known and located, reference being made in said 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, and provided he shall, within six months Proviso. after he has so as aforesaid staked off the area aforesaid, plant months must therein fifty bushels of oysters on each acre of his area and plant fifty make affidavit that he has deposited or planted said quantity of oysters within said area, said affidavit to be appended to Affidavit. the aforesaid plot and description and recorded therewith in the office aforesaid. If he shall fail to file said plot and description and affidavit, or deposit or plant said quantities of oysters within the time aforesaid, he shall forfeit all right, Forfeiture. title and claim to the area aforesaid, and the same may be appropriated for the purpose aforesaid by any other citizen of said State.

Within six

bushels per

acre.

debt.

SECTION 7. That the privilege granted by this act shall not be construed to convey any other right than that to plant oysters or hold them as property, which shall be liable for the Liable for debts of the person so as aforesaid appropriating any of said area aforesaid, and any levy and sale under execution process Execution. of the area of any defendent in such process, shall convey to the purchaser the same right to use said area for oyster Rights of planting purposes that the defendant had and owned and all purchaser. the oysters thereon planted at the time of said sale.

Sale.

guilty of

SECTION 8. That if any person or persons shall take and Trespasser carry away from the area or plantation of another, so as deemed aforesaid appropriated to his use, any oysters being within the larceny. limits thereof, without the consent of the owner thereof, he shall be deemed guilty of larceny, and upon conviction thereof be punished accordingly, and it shall be no objection to a prosecution for larceny in such a case that the act was done openly.

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Prohibited

from plant

certain ter

ritory.

OF THE REVENUE OF THE STATE.

SECTION 9. That nothing in this act contained shall be ing within construed to give any one the right to plant oysters within the territory of The Frankford Oyster Planting Company, a corporation created by an act of the General Assembly of this State, passed at Dover, March 31, 1881, or of The Indian River and Rehoboth Bay Oyster Planting Company, a corporation created by an act of the General Assembly of this State, passed at Dover, March 23, 1875, and amended March I, 1877.

Governor to appoint Commis

sioner.

missioner of

His duties.

SECTION IO. That the Governor shall, within a reasonable time after the passage of this act, appoint some suitable and competent person to act as commissioner under the provisions. Style: Com- of this law, and who shall be styled "Commissioner of Oyster oyster plant Planting in Indian River and Rehoboth Bay." It shall be ing. his duty to collect and receive from each person who has appropriated any portion of the bottom of Indian River or Rehoboth Bay as is hereinbefore provided, each and every year, the sum of fifty cents for each and every acre so as aforesaid appropriated for oyster planting purposes; to keep a proper record in which he shall record all the plots and descriptions of the different areas appropriated under the provisions of this act; that his said office shall continue for the office. Two term of two years; that he shall receive for recording each plot and description the sum of fifty cents, to be paid by the party requesting the same to be recorded; that he shall retain as compensation for his services the one-half of the revenue paid him by those who take up or appropriate certain Annually areas for oyster planting purposes, and that he shall annually State Treas- pay over to the State Treasurer all other moneys so as aforeurer certain said received by him.

Term of

years.

pay over to

monies.

Passed at Dover, March 28, 1883.

OF THE REVENUE OF THE STATE.

Preamble.

CHAPTER 13.

OF THE REVENUE OF THE STATE.

AN ACT to amend Chapter 13, Volume 14, Laws of Delaware.

WHEREAS the supplement to the "Act in relation to Oysters," passed at the present session of the Legislature, greatly increases the duties of the Collector of the Oyster Revenue and at the same time diminishes his compensation; therefore

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

SECTION I. That Chapter 13, Volume 14, Laws of DelaSection 18, ware, be and the same is hereby amended by striking out the Chapter 13, words "five per centum," in line two of Section 18, and amended. insert in lieu thereof the words "eight per centum."

Volume 14,

Passed at Dover, April 10, 1883.

re-appoint

CHAPTER 14.

OF THE LEVY COURT.

AN ACT to authorize the Levy Court of Kent County to re-appoint, for

an additional term or terms, a Constable for South Murderkill Hun

dred, and also for North Murderkill Hundred.

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

SECTION I. That it shall and may be lawful for the Levy Authority to Court of Kent County, in the exercise of their discretion, to Constable in re-appoint, for any additional term or terms, any Constable North Mur- for South Murderkill Hundred, in the county aforesaid, and derkill Hun- also any Constable in North Murderkill Hundred, in the county aforesaid.

South and

dreds.

Passed at Dover, March 12, 1883.

OF THE LEVY COURT.

CHAPTER 15.

OF THE LEVY COURT.

AN ACT authorizing the Levy Court of Sussex County to appropriate annually money for the keeping in repair a road in Cedar Creek Hundred.

WHEREAS the General Assembly, by an act passed the Preambie. nineteenth day of March, A. D. 1877, authorized and empowered the United States Government to open and construct a road from one of the main county roads to the Light House at the mouth of Mispillion Creek, and whereas the Government has failed to keep said road, which is of great benefit to the public, in proper repair, therefore

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

tion

That the Levy Court of Sussex County be and they are Appropia hereby authorized to appropriate annually whatever sum of authormoney they, in their judgment, think necessary and proper for the keeping of said road in proper repair. Passed at Dover, March 21, 1883.

CHAPTER 16.

OF THE LEVY COURT.

AN ACT authorizing the Levy Court of New Castle County to Fund the
Floating Debt of said county.

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

SECTION I. That the Levy Court of New Castle county be and are hereby authorized and empowered to borrow, on the credit of said county, a sum not exceeding two hundred Authorized thousand dollars, and for that purpose to issue certificates of $200,000.

to borrow

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