CHAPTER 164.
OF FISH, OYSTERS AND GAME.
AN ACT providing for the enforcement of the Game and Fish Laws of Delaware.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That it shall be unlawful to knowingly have in possession any game birds, animals or fish which have been unlawfully killed or taken, except when confiscated by the Board of Game and Fish Commissioners and are in the possession of said Board or are in the possession of those to whom said Board has given them.
Section 2. That any person required by Law to take out a license to hunt or fish who shall hunt or fish without first obtaining a license therefor, or any unnaturalized foreigner who shall carry a gun or have any fire-arm in his possession without holding the prescribed hunting license shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished with a fine of not less than ten dollars nor more than fifty dollars and costs for each offense, and for every offense against this Section by a non-resident the fine shall be not less than fifty dollars.
Section 3. That each holder of a hunting or fishing license shall always have said license in his possession while hunting or fishing, and shall exhibit said license upon request of any person empowered to arrest for violation of the Game and Fish Laws of this State.
Section 4. That any person, persons or corporation who shall bring on an excursion boat excursionists into this State to fish without first having taken out the license prescribed by Law shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished with a fine of one Hundred dollars and costs for each offense.
Section 5. That it shall be unlawful for any non-resident to have any birds, animals or fish protected by the Laws of this State in his possession who does not hold a hunting or fishing license, for game and fish respectively, for the time during which he has such birds, animals or fish in his possession unless such birds, animals or fish have been killed or caught out of the State. Any person violating the provisions of this Section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished with a fine of not less than ten dollars nor more than fifty dollars and costs for each offense.
Section 6. That any person who shall forge or alter a hunting or fishing license, or use the license of another, or shall permit his license to be used by another, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall forfeit his license and be fined not less than ten dollars nor more than fifty dollars and costs for each offense, and in addition thereto for altering a hunting or fishing license in any way shall be deemed guilty of forgery and punished accordingly.
Section 7. That any person who holds a hunting license may carry with him, or ship within or out of the State in any one week not more than fifty reed birds, fifty rail birds, not more than one dozen birds or fowl of any other species and six animals in all; provided that such game so carried or shipped shall be carried or shipped openly so it may be easily inspected and counted, and provided such person shall first make affidavit, before some person duly authorized to administer oaths, that the said birds or animals have been lawfully killed by the affiant, and are not to be shipped or carried for purposes of sale or profit, and giving, if the same are to be shipped, the name and post-office address of the person to whom to be shipped and the number and kind of the game to be shipped. Two copies of such affidavit, each endorsed "A true copy of the original," by the person administering the oath, shall be furnished by him to the affiant, who shall deliver one of the said copies to the railway agent or common carrier receiving said game for transportation, the said copy to operate as a release to such a carrier or agent from any liability in the shipment of the same, and shall keep the other copy for his own protection. The original affidavit shall be retained by the officer administering the oath, and shall be used as evidence in any prosecution for violation of any of the provisions of this Act or the game law of this State, provided that the numbers and affidavit required by this Section shall not apply to ducks, snipe and plover when shipped openly by a resident of this State, who has lawfully killed the same. Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished with a fine of not less than ten dollars nor more than fifty dollars and costs for each offense and in addition for swearing falsely to any material fact in said affidavit shall be deemed guilty of perjury and punished accordingly.
Section 8. That any person, company, corporation, or common carrier, required by Law to comply with the requirements of Section seven of this Act, who as carrier shall ship or transport or attempt to ship or transport any game birds or animals without complying with the requirements of said seventh Section of this Act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished with a fine of not less than fifty dollars nor more than one hundred dollars and costs for each offense.
Section 9. That nothing in this Act shall be construed to prohibit or prevent any resident gunning for his own sport and amusement in this state, from taking, carrying or shipping by railroad, water, or otherwise within the borders of this State, any of the birds or animals protected by the laws of this State, provided the same have been lawfully killed or taken and do not exceed the numbers prescribed in the seventh Section of this Act, and are carried or shipped openly as required by said seventh Section of this Act, and are not carried or shipped for purposes of profit or sale except as is expressly permitted by the Laws of this State.
Section 10. That in cases of violations of the Game and Fish Laws of Delaware by a corporation, the warrant of arrest may be read to the President, Secretary, or manager in this State, or to any general or local agent thereof in any county where the action or indictment is pending, and upon return of such warrant so served, the corporation shall be deemed in Court and subject to the jurisdiction thereof, and any fine imposed may be collected by execution against the property of said corporation, but this Section shall not be considered to exempt an agent or employe from prosecution.
Section 11. That any official, officer, or warden who shall fail to perform any act, duty or obligation enjoined upon him by the provisions of the Game and Fish Laws of this State, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished with a fine of not less than fifty dollars nor more than one hundred dollars and costs for each offense.
Section 12. That every court or clerk of any court, before whom any prosecution, under the Game and Fish Laws of this State, is commenced or shall go on appeal, and within twenty days after trial or dismissal thereof, shall report in writing the result thereof and the amount of fine collected, if any, and the disposition thereof to the Board of Game and Fish Commissioners.
Section 13. That two or more offenses may be charged in the same affidavit, complaint, or indictment, and proof as part of a bird, animal or fish shall be sufficient to sustain a charge to the whole of it; and the violation of the game and fish laws of this State as to a number of animals, birds, or fish may be charged in the same count, and punished as a separate offense as to each animal, bird *of fish [*So enrolled].
Section 14. That when an arrest for a violation of the Game and Fish Law is made by any Game Warden and the defendant is convicted, there shall be taxed as costs in favor of such warden making the arrest the same fee as a constable is entitled to in misdemeanor causes, and if collected from the defendants shall be paid over to such warden and shall be his personal perquisite. No fee shall be allowed in cases of acquittal.
Section 15. That all moneys collected from fines, penalties, or forfeitures under the Game and Fish Laws of this State shall be paid as prescribed by law, that is, all fines imposed for the killing of non-game or song birds to the Audubon Society, with the exception of that part, which under the Law, belongs to the informer and shall be paid over by the officer authorized to collect said money as prescribed by Law.
Section 16. That any person convicted of having violated any of the provisions of this Act for which the penalty is not specifically prescribed shall be fined not less than five dollars nor more than twenty-five dollars and costs for each offense, and failing to pay forthwith any fine imposed under the provisions of this Act together with the costs of prosecution, unless an appeal be taken, such person shall be committed to the County Jail or Workhouse of the county in which such offense was committed for thirty days unless said fine and costs be sooner paid.
Section 17. That all Acts or parts of Acts in so far as the same are inconsistent with the provisions hereof be and the same are hereby repealed.
Approved April 27, A. D. 1911.