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AN ACT directing the mode of appointing Surrogates.

By whom ap

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the surrogates of the several counties of this state, pointed. shall hereafter be appointed by the joint-meeting, and shall hold their offices during the term of five years, unless sooner removed according to law.

2. And be it enacted, That in case any vacancy should occur Vacancies, in any of the aforesaid offices, by death, resignation or otherwise, how to be fill, it shall be the duty of the governor or person administering the ed. government for the time being, to appoint some fit and proper person to fill such vacancy; which person so appointed, shall hold his office until the next session of the legislature, when the joint-meeting shall appoint for the term of five years, as provided in the first section of this act.

3. And be it enacted, That the surrogates so as aforesaid to To give bond, be appointed, shall severally give bond and security; take an oath &c. or affirmation; perform the duties; be entitled to the compensation, and be subject to the penalties prescribed by the act entitled, "An act to ascertain the power and authority of the ordinary and his surrogates, to regulate the jurisdiction of the Prerogative Court, and to establish an Orphans' Court in the several counties of this state," passed the thirteenth day of June, one thousand eight hundred and twenty, and that so much of the What repealabove recited act, as comes within the purview of this act, be, and the same is hereby repealed.

C. Passed November 28, 1822.

ed.

A further supplement to "An act for the preservation of deer and other game, and to prevent trespassing with guns," passed December 21, 1771.

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the

same, That if any person or persons shall kill, destroy, hunt or When deer take any doe, buck, fawn, or any sort of deer whatsoever, at any may be killed. other time or season, except only between the first day of Octo

ber and the second day of January, yearly and every year, he or they so offending shall forfeit and pay the sum of twenty dollars

for each and every such offence, to be sued for and recovered, Penalty for with costs of suit, in an action of debt, by any person, before killing contraany justice of the peace of any county of the state of New-Jersey, ry to this act.

When certain fowl may be killed.

where he or they so offending may be taken, one half of the forfeit money shall be for the benefit of the person prosecuting for the same, and the remainder paid to the collector for the use of the township.

2. And be it enacted, That if any person shall hunt for the purpose of killing, or to destroy, or take, or kill any moorfowl or grouse, except only from the first day of October, to the first day of February, yearly and every year, he or they so of fending, shall forfeit and pay for each moor-fowl or grouse, ten Penalty for dollars, for each and every offence, to be sued for and recovered transgressing the provisions in an action of debt, with costs of suit, by any person who shalf of this section. sue for the same, in manner aforesaid; and any person or persons in whose hands or custody any moor-fowl or grouse shall be found, that shall have been killed contrary to the provisions of this act, shall be deemed, taken and adjudged to be the killer or destroyer of such game, and liable to the penalties aforesaid; and when two or more persons shall go in company for the purpose of killing, and shall kill any game or deer, contrary to the true intent and meaning of this act, each and every person shall be answerable, individually, for the penalties incurred by the whole party or company.

3. And be it enacted, That so much of the supplement to the What repeal said act, passed the twenty-first of February, eighteen hundred and twenty, as comes within the purview of this act, and is contradictory thereto, be, and the same is hereby repealed.

ed.

C. Passed November 28.

Time for fish

AN ACT further supplementary to an aet entitled, "An act to regulate the fisheries in the river Delaware, and for other pur poses," passed the twenty-sixth of November, one thousand eight hundred and eight.

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the ing prohibited. same, That from and after the passing of this act, if any person or persons, whomsoever, shall cast, draw, or in any wise make use of any seine or net in the river Delaware, within the jurisdiction of this state, from sunset on Saturday until sunrise on Monday of each and every week, he, she, or they so offending shall forfeit and pay the sum of two hundred and fifty dollars, together with costs of suit, for each and every offence: Provided, That nothing in this section contained shall prevent the owners or o cupiers of eddy fisheries above the tide water, from beginning to fish at twelve o'clock on Sunday night.

Proviso.

2. And be it enacted, That if any person or persons, whomsoever, shall cast, draw, or otherwise use, for the purpose of But one seine catching fish, more than one seine or net in any one pool in a pool. or fishing place in the river Delaware, within the jurisdiction of this state, on, opposite, or above the lowest or south-west end of Newbold's or Biddle's Island, from thence down as far as the concurrent jurisdiction of this state and the state of Pennsylvania extends, more than two seines or nets in any one pool or fishing place within any one term of twenty-four hours, beginning at sunrise and ending on sunrise the day following, or shall be aiding or assisting therein, contrary to the true intent and meaning of this Penalty for act, he, she, or they, so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with costs of suit, for each and every such offence: Provided always, That it shall Proviso. and may be lawful for any person or persons who, by accident or otherwise, may be deprived of the use of the seine or net first used in any pool or fishing place, in any term of twenty-four hours, to withdraw the same, and substitute another seine or net in the place of the one so withdrawn.

trespass.

How long fishing may be continued in certain speci

3. And be it enacted, That if any person or persons shall cast, What kind of draw, or otherwise make use of any seine or net of a larger mesh seine may be than three inches, for the purpose of catching fish in the river used. Delaware, within the jurisdiction of this state, below the head of Trenton Falls, between the last day of May and the tenth of June, and between the tenth day of June and the tenth day of July, in any year, of any net more than fifty yards in length, and above the head of Trenton Falls, of any seine or net of a larger mesh than two inches, and more than fifty yards in length, between the last day of May, and the tenth day of July, in any year, he, she, or they, so offending, shall forfeit and pay the sum of two hundred and fifty dollars, together with costs of suit, for each and every offence.

4. And be it enacted, That the owner or possessor of every fishery upon the river Delaware, within the jurisdiction of this state, his tenant or agent, shall, before he occupies the same as a fishery, give to the clerk of the Court of Common Pleas of the county wherein such fishery or the greatest part thereof may be, a description in writing of his, her, or their pool or fishing place, designating the beginning and ending point, and the extent thereof on the river shore, together with the name of the township and county in which it is situated, and the number of men generally employed in fishing the same, and shall also enter into bond, with one or more sufficient sureties, to the clerk of the said coun

and his successors in office, in the penal sum of five hundred dollars, conditioned for the payment of all fines and penalties created or given by this act, or the act or acts to which this is a supplement, that shall and may be incurred and recovered for

B

fied places.

Possessor of

fishery to give a description of the same to the county clerk, in writing, and also a bond, &c.

Bond to be

filed in clerk's office, &c.

Penalty for non-compli

ance.

Penalty for violating the provisions of the preceding

section.

Gilling-seine.

Proviso.

any infraction of, or offence against the said act or acts, committed at such fishery, by his, her, or their command or permission, during his, her, or their occupying the said fishery, personally or by tenant, which said description and bond it shall be the duty of said clerk to file in his office, and give a certificate thereof to the person producing the same, on being paid fifty cents; which said bond shall be a security for all such penalties as may be recovered against the said owner or possessor, tenant or agent, during the time he, she, or they may occupy the same; and in case of a recovery against such owner or possessor, tenant or agent, for any penalty given by the said act or acts, and the non-payment thereof, it shall be the duty of the said clerk to cause the said bond to be prosecuted to judgment, and apply the proceeds thereof to the payment or discharge of the said recovery, and if any person or persons shall fish in any fishery so entered as aforesaid, or draw, cast, or otherwise make use of any seine or net within the same, or in the said river opposite the ri ver shore, included within the bounds thereof, without permission, in writing, from him, her, or them so owning, possessing, and entering the same, first had and obtained, he or they so offending shall forfeit and pay the sum of two hundred and fifty dollars, together with the costs of suit, for each and every offence, to be sued for and recovered by the person or persons so owning, possessing, and entering the said fishery, in any court of competent jurisdiction.

5. And be it enacted, That if any person or persons shall cast, draw, fish with, or otherwise make use of any seine or net in the river Delaware, within the jurisdiction of this state, and within the limits of the concurrent jurisdiction of this state and the state of Pennsylvania, between the first day of April and the tenth day of July, in each and every year, without having first entered his, her, or their fishery as aforesaid, or at any place in the said river Delaware, within the jurisdiction of this state, than at, in, or opposite the shore boundaries of a pool or fishing place, described and entered in the manner prescribed in the preceding section, he or they so offending shall forfeit and pay the sum of two hundred and fifty dollars, together with the costs of suit, for each and every such offence.

6. And be it enacted, That it shall and may be lawful for any owner or owners, possessor or possessors, of any shore on the river Delaware, within the jurisdiction of this state, below the Trenton Bridge, having entered the same as a fishery, and given bond in the manner prescribed by the fourth section of this act, to fish the same in front and opposite the bounds thereof, with a sweeping or shore seine or net, or a gilling-seine or drift-net: Provided always, That if he, she, or they use a gilling or driftnet, the mesh thereof shall not be larger than six inches and a

half, and the said net shall not be more than sixty fathoms in length, and the boat or boats used at such gilling-seine or driftnet fishery shall have the name or names, and place or places of abode, of the person owning or entering the said fishery, painted in large legible capital letters, on the gunwale thereof.

complying

7. And be it enacted, That if any person or persons shall be Gilling-seines found making use of a gilling-seine or drift-net in the river Dela- may be used ware, within the jurisdiction of this state, and within the limits of at certain the concurrent jurisdiction of this state and the state of Pennsyl- times, after vania, without having first entered his gilling-seine or drift-net with certain fishery, and given bond, as aforesaid, or beyond the angles of the conditions. shore boundaries of the said fishery so entered, or with a mesh larger than six inches and a half, or with a net longer than sixty fathoms, between the first day of March, and the tenth day of Penalty for July, of each and every year, he, she, or they so offending, shall non-compliforfeit and pay the sum of two hundred and fifty dollars, together with the costs of suit, for each and every such offence.

8. And be it enacted, That the township committee of each

ance.

township adjoining the said river Delaware, within the jurisdic- Duty of contion of this state, may, every year, at their first meeting after their stables. election, appoint one constable of their respective townships, whose duty it shall be, having taken an oath or affirmation before a justice of the peace of the township in which he resides, that he will, without fear, favour, or affection to any, endeavour to execute this act, and the act or acts to which this is a supplement, according to the true intent and meaning thereof, carefully and diligently to view and inspect the shores of the said river, and the fisheries thereon, in his township, once a week, at least, between the first day of April, and the tenth day of July, in each and every year, to put this act in force, and to cause all offences or transgressions against the same, or the act or acts to which this is a supplement, to be prosecuted agreeably to the directions thereof, for which service he shall be entitled to receive the sum of seventy-five cents per day, to be paid by the collector of the county in which he acts, on proving, by his own oath or affirmation, before some justice of the peace of the township, the number of days engaged in the said service.

Their com pensation.

9. And be it enacted, That if any constable of any township Penalty for in this state, adjoining the river Delaware, shall neglect or refuse for neglect of to do and perform the duty enjoined upon him by this act, or the duty.

act or acts to which this is a supplement, or to carry the same into effect against any offenders within his own view or knowledge, or upon the information of any credible witness, he shall forfeit and pay, for every such neglect, the sum of one hundred dollars, together with the costs of suit.

10. And be it enacted, That if any person or persons shall, by Offenders, threat, menace, or otherwise, attempt to deter or prevent any how punished.

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