1839 Del. Laws 263

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met, That from and after the passage of this act, it shall not be lawful for any person or persons living and residing without the limits of this State, to come into or enter upon the waters of the Delaware bay and river, and the streams tributary thereto, or upon any land or lands, marsh or marshes bordering thereon, within the jurisdiction and limits of this State, for the purpose, and with the intent to rake, gather or collect any oysters, terrapins, clams, or other shell-fish, or to catch or take in any way, or by any means whatever, any shad, herring, eels, perch, trout or other fish, or to hunt, shoot, or kill any geese, ducks, fowls or birds of other kind whatever, or to place in, or upon the said waters, lands or marshes, any lure, decoy, trap, or net, to take, or facilitate the capture of the same, in order that the said fish or game when so taken, may be carried without and beyond the limits of this State, under the penalty of forfeiting all and singular the boats, vessels, guns, lures, decoys, traps, lines, seines, nets, or other implements that may be used or employed for the purposes aforesaid, together with all the fish and game taken in and with the same, and shall pay, upon conviction thereof, the further sum of two hundred dollars for each and every offence committed, to be recovered from each and every individual offending against the provisions of this section, by any person who shall sue therefor, before any justice of the peace in this State, one moiety of the said fine and forfeiture to go to the person recovering, and the other moiety to the use of the State: Provided, That nothing in this act contained, shall be construed to prevent the sale of such fish or game by any citizen of this State, to any other person or persons whatsoever.