ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

tured at any time during the year, and by any
contrivance whatsoever suitable f or the purpose.
SEC. 3. And be it enacted, That it shall not

205

be lawful for any person or persons who use
stakes or poles in setting nets of whatever class,
or description, in the waters mentioned in the
second section of this act, to leave such stakes
or poles in the waters where they were used, but
shalli remove, or have removed, such stakes,
or poles from the waters where they were used,
on or before the twentieth day of May in each
year, nor shall they again be put down in said
waters prior to the first day of August fol-
lowing.
SEC. 4. And be it enacted, That it shall not be
lawful for any person or persons, in said waters,

Must remove
stakes or polls

in the second section in this act, to empty their
seines, upon the beach or shore at any time,
whilst engaged in fishing, so as to leave the
smaller fish to perish, but to empty the same in
water of sufficient depth to enable the smaller
fish to return to the waters for growth and ma-
turation, and person or persons using seines,
pound nets, fish baskets, fykes, traps or nets of
any class or description that catch the fish alive,
shall immediately cull them and return the small
fish to the waters of the place where they were
taken.
SEC. 5. And be it enacted, That no person or
persons other than the bona fide residents of Kent

What is un-
lawful.

and Queen Anne's counties, and who have been
such for six months preceding the beginning of
any fishing season, to wit : the first day of Au-
gust, of any year, shall use any boat or trap of
any kind or description used in catching fish in
the said waters of Chester river and its tribu-
taries in said counties ; provided, however, that

Who to use
boat or trap.

the waters of Chester river and its tributaries
shall be used in common between the bona fide
residents of said counties, to wit : those who
have had a bona fide residence in either of said
counties for six months before the first day of
August, of any one year, or the fishing season
thereof ; and, provided also, that persons own-
ing lands in said counties, on said river and its
tributaries, shall have the right to rent or other-
wise grant by written lease or contract, under

What used in
common.