The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1833-12-14

PROVIDENCE PLANTATIONS.
In General Assembly, Ocssbs sesaion. A b 1854
AN ACT in amendment of an act 6htil
tied san act for the preservation Of
oysters within this Stste. - u
SEQ. I. Be Il enacted by the 0enOFal
Assembly, and by the authority thsseofif
he enacted, That if any person or persons
shall, 10 any Of the bays, covss,. ponds.
rivers, or harbors within this state. take
any oysters with drags or by any other in
strument or instruments, or by any other
method which may haye a greater ten
dency to destroy the beds of oysters, than
by the usual method Of taking them by
oyster tongs; OF shall have any dsag o.,
drags on board any vessel or vessels used
or employed in taking or eaiching any
oysters, in any OF the bays, coyss, rivers
or harbors aforesaid, he or they or 4wl1e-
soese shall be the owner or owuers Of
any such vessel or vessels, shall Sorfele,
every such vessel or vessels 80 omploycd
and found in taking oysters 40 aforesaid.
together with all the implements therste
belonging; to be prosecuted for by in6or-
nation, before any court of general Sess-
ions OF the peace within this statel elsono
half part thereof 10 be to and for the use
Of the state, and the other half part there
Of TO and for the use of such person or
persons as shall inform and pfosecute Co.
The same. And furthermore, that the
captain or commanding oflcer Of every
such vessel so employ ed az aforesaid. and
using or having on board any such drag
Or other instrument herein before proli6-
ted from being used, and each and every
person employed on board thereof, shall
orfeit and pay the sum Of three hundred
iollars tor every such offence; to be re.
covered in an action Of debt before anv
'ourt competent to try the same; one half
'art thereof to be to and for the use ofthe'
'tato, and the other half part thereof 10
70 to and for the use Of such person or
'ersons as shall prosecute for the same.
Sec. 2. And be it further enacted. that
shall be lawful for any justice of the
'eace in any county in this state, on COM
'laint made to him on oath, by any FREQ (.
lolder, in such county, setting forth that
le believes, or has probable cause to be-
leve, that any drag or other instrument Of
ne kind herein before prohibited from be-
ng used, has been used by or from on
oard any vessel employed in taking oys-
ers as aforesaid, or that any such vessel
0 employed has, or has had any such
rag or other instrument on board, to is-
ue warrant directed to the sheriff Of
uch county or his deputy, for seizipg
uch vessel and the implements thereto
elonging, and for holding the same until
le next succeeding term Of the court Of
eneral sessions Of the peace in such,
ounty, in order that the same may bos.
roceeded against according to the pro-
lsions OF this act. And that said court,
term or any justice thereof in vacation
any time before final trial, may dslives
aid vessel and implements to the claim.
Mt or claimants thereof, upon appraisal
nd bond. And that upon condemnstion
lereof, the sheriff or his deputy shall
roceed and sell the same, as in cases Of
ersonal property levied on by execution:
rovided however, that none of the pfo.
lbitions IN this act contained shall eye
md, or be construed to extend 70 the
'wn Of Westerly.
Sec. 3. And' be it further enacted.
lat the first section of the said act of
hich this act is an amendment, be and
70 same i' hereby repealed: Provided
evertheiess, that nothing in this act con-
med shall prevent the prosecution for or
covery ofany penalty or penalties which
ay have been incurred under the said
Il hereby amended.
True copy-witness
HENRY BOWEN, Sec'ry.