The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-11-27

An act in amendment Of an act entitled . al
act for the preservation Of oysters Within
this State.n
Sec. ]. Be il enacted BY the General is
ssnsbiy. and By the authority thss eef Il Is en-
Gcted, that II any person or persons shall, N
any Of the bays, coves, ponds rivers, or har-
bois within this state, take any oysters with
drsgs or BY any other instrument or instru.
ments, or BY any other method which may
have greater tendency to destroy the beds
OF oysters, than BY the usual method Of u
king them BY oyster tongs or shaIl have any
drag or drags on board any vessel or vessels
used or employed in taking Or catching any
oysters, 10 any Of ihe bays, coves, rivers or
htrbors aforesaid, he or they or whosoever
shall be tho owner or owners Of any such
vessel or vessels, shall forfeit every such
vessel or vessels 90 employed and found in
taking oysters as aforesaid, together with all
the implements thereto belonging 10 be
prosecuted for by information, before any
court Of general sessions Of the peace with.
in this state one half pert thereof to be to
and for the use Of the state, and the other
half part thereof to and for the use of such
person or persons as ehall inform and prose.
cute for the same: And furthermere, that
the captain or commanding officer Of every
such vessel $50 employed as Aforesaid, and
using or having on board any such drag or
other instrument herein before prohibited
from being used, and zach and every person
employed on board thereof, shall forfeit and
pay the sum of three hundred dollars for ev.
cry such offence to be recovered in an ac-
ton Of debt before any court competent 10
try the same one half part thereof to be To
and for the use Of the state, and the other
half part thereof to be to and for the use of
such person or persons ss shall prosecute
for the same.
Sec. 2. find Be Il further enrcied, that. il
shall be lawful for any juslice of the pescs
"a any county in this state, on complaint
made TO him on oath, by any freeholder, ia
such county,. setting forth shat ho believes,
Or has probable cause 70 believe, that any
any drag or other instrument of the kind
herein before prohibited from being used,
has been used by or from on board any yes.
sci employed in taking oysters 40 aforesaid,
or that any such vessel 80 employed has, or
has had any such drag or other instrument
on board, to issue warrant directed to the
sheriff Of such county or his deputy, for seix.
ing such vessel and the implements thereto
belonging, nnd for holding the same until
the next succeeding term Of the court Of GO.
neral sess,ons Of the peace in such county,
in order that the same may be proceeded a.
gainst according 70 the provisions Of this act.
Aud that said court in term or any justice
thereof in vacstioI, at any time before final
trial, may deliver said vessel and implements
to the claimant or claifnants thereof upon
appraisal and bond. And that upon condem-
nation thereof, the sheriff or his deputy
shall proceed and sell the same, as in cases
Of personal property levied on by execution T;
Provided however, that npne Of the prohibi-
tions in this act contained shall extend, or
be construed 10 extend to The town Of Wos-
terly. slssg
Sec. 3. End be u further enacted, that the
6rst section of tho said act Of which this act
is an amendment, be and the same is hereby
tspesled Provided nevertheless, that MOTH
nNg in this act contained shall prevent the
prosecution for or recovery Of any penalty
or penalties which may have been incurred
under the said act hereby amended.
e5,h'i True copy--witness.
HENRY BOWEN, 5ec'ry.