Page:United States Statutes at Large Volume 34 Part 1.djvu/889

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FIFTY-NINTH oouennss. sm. 11. cH. 394. 1907. 859 injunction_has been issued against the State of Delaware restraining the eirecution of certain statutes of the State of Delaware relating to fisheries in said river,, which said litigation hath been pending for twenty-seven years and upwards; and " Whereas for the purpose of adjusting the diiferences between the said two States arisin out of said conflict of jurisdiction, Edward C. Stokes, Robert H. l\§cCarter, Franklin Murphy, and Chauncey G. Parker have been appointed commissioners on the part of the State of New Jersey by joint resolution of the legislature of said State, and Preston Lea, Robert H. Richards, Herbert H. W&l'd, and George H. Bates have been appointed commissioners on the part of the State of Delaware by joint resolution of the general assembly of said State, to frame a compact or agreement between the said States and legislation consequent thereon, to be submitted to the le islatures of said two States for action thereon, looking to the amicalge termination of said suit between said States now pending in the Supreme Court of the United States, and the final adjustment of all controversies relating to the boundary line between said States, and to their respective rights in the Delaware River and Bay: Now therefore, “ The said State of New Jersey, by its commissioners above named, and the said State of Delaware, by its commissioners above named, do hereby make and enter into a compact or agreement between said States as follows: ‘°ARTICLE I. Criminal process issued under the authority of the State of New Jersey against any person accused of an offense committed upon the soil of said State, or upon the eastern half of said Delaware River, or committed on board of any vessel being under the exclusive jurisdiction of that State, and also civil process issued under the authority of the State of New Jersey against any person domiciled in that State, or against prgperty taken out of that State to evade the laws thereof, may be serve upon any portion of the Delaware River between said States from low—water mark on the New Jersey shore to low-water mark on the Delaware shore, except upon Reedy and Pea Patch islands, unless said person or property shal be on board a vessel aground upon or fastened to the shore of the State of Delaware, or the shores of said islands, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest or such roperty shall be under seizure by virtue of process or authority oil the State of Delaware. " Ama II. Criminal process issued under the authority of the State of Delaware against any person accused of an offense committed upon the soil of said State, or upon the western half of said Delaware River, or committed on board of any vessel being under the exclusive V jurisdiction of that State, and also civil process issued under the authority of the State of Delaware against any person domiciled in that State, or against property taken out of that State to evade the laws thereof, may be served upon any portion of the Delaware River between said States from low-water marlgon the Delaware shore to low-water mark on the New Jersey shore, unless said person or pi‘operty shall be on board a vessel aground upon or fastened to the shore of the State of New Jersey, or fastened to a wharf adjoining thereto, or unless such person shall be under arrest or such property shall be under seizure by virtue of process or authority of the State of New . erse . I “Ayirr. III. The inhabitants of the said States of Delaware and New Jersey shall have and enjoy a common right of fishery throughout, in and over the waters of said river between low-water marks on eahh side of said river between the said States, except so far as either State may have heretofore granted valid and subsisting private rights of fishery.