Litchfield enquirer., 1855-08-16

9It A&EuFt 611D N0NNsg V
 this State, lying within the limits of sait
 town. for the planting of oysters in accord ance with the provisions of this act, whici committee so appointed shall continue ii office for the term of one year, and until an other committee is chosen in their siead upon the occurring of any vacancy in sucl
 commitiee by deaih, resignation or other wise. such vacancy may be filled al a tow '
 meeting duly warned for that purpose
 Sec ?. Any person desiring to plant oys
 ters in any of the navigable waters of this
 State, may apply in writing to the proper
 committee appointed as aforesaid, to desig
 nate . suitable place to he used by such ap plicant for that purpose; and such commit tee, or majority of them may, if in theil opinion the public interest require 1t, pro
 ceed to make such designation; and sucl applicant shall mark and stake out the ground 90 designated and inclose i, with stakes, set at suitable distances, and of suct
 length as to be at least two feet above high
 water mark and said committee shall make
 . written description of such designation and l inclosure by ranges or otherwise. as they
 best can, stating the time of such designa. l ton, which description with the application aforesaid, shall be lodged on file in the
 town clerks office of the town wherein the grounds so designated and inclosed may be, prorided, that no one person shall have sci to him territory exceeding two acres in ex- tent, and no such designation or enclosure shall be of any validity, till such spplica. ton and description shall have been SO lodg- ec as aforesaid.
 Sec. 3. Every person who shall plant oys- ters in any place % designated. marked ou, and inclosed, shall be and continued the owner of such oysters so planted as afoTe- said, and ehail have the exclusive right of taking up and disposing of the same, and of using such place so designated and inclo- sed, for the purpose of planting oysters there in, which right shall be transferable by writ. ten assignment, and all assignments of such rights before taking effect shall be lodged on file in the town clerks office of the town wherein the place designated, for the plant ing of oysters the right in which is so as- signed. shall he, prouided. that nothing in this act contained, shall affect the rights ot any owner or proprietor of any meadow or other lands, in which there may be sals- water creeks or inlets, or which may be op- posite or contiguous to such navigabie wat, era nor be construed to interfere with the existing bye-laws of any city, town or bo- rough; and procidei .farlher, that this act shall not be construed So as 10 authorize any ccmmittee 10 designate or any person to mark stake out or incloso any natural oyster bed, or iafringe the free navigation Of the waters aforesaid, or 10 interfere with the drawing of seines in any place established and custom asily ased for seiRe fishing. And any per son who shall so mark, stake out, or inclose any natural eyssef bed, iN the manner pro. vided by this act for the marking, stalking out, and inclosing of ground designated by aro,nmitlee for the planting of oy s,ers, shall forfeit and pay foeevery such offence sum not less than five and not exceeding fifty dollars, one half to the treasury of the town where the offence is committed, and the ether half so him who shall prosecute 10 effect.
 Sec. I. Any rsfson doing any injury to any inclosure marked and staked out accord. ing to the provisions of this act, or to the oysters planted therein, shall be liable to tlse party injured in an action of trespass, and shall be punished in the manner provi- ded for the offences specified in the next succeeding section of this act.
 Sec. 5. lf any person shall gather any oysters upon any such inclosure. or take away any oysters from such inciosure wi,l,- out the permission of the owner, such per son 30 offending shall be punished on first conviction for said offence, by fine notex. cseding seven dollars, or imprisonment in a common jail or work-house not excerding thirty days. And on second conviction for such offence, such person so offending shall be punished by fine not less than seven and not exceeding twenty dollars, and imprisonment in a common jail or work-honse mt less than thirty and not exceeding niae- ty days. And on every subsequent convic- tion for said offence. such person co of(end- ing shall be punished by . fine of fifty dol- lars and imprisonment in a common jail or work-honse for six monihs. Every prose- eution under this section for first or sec ond offence shall be heard and determined by justice of the peace; but the person accused may appeal from the judgment Of such justice to the county court next to be holden in the county wherein said judgment may have heen fendereds prorided. that up- on such appea. he shall give a bond of re- cognixance. with good and sufficient surety, 10 the treasurer of said county, in such an amount as said justice shall order, condi- .ioned for his appearance before said county court, to answer to the complaint whefeon said judgment has heen rndered, and for his abiding the judgment that may be ren- .lercd thereon h7 said couniy court. Every prosecution for third offence. and for sub- sequent offsnces nnder this section, shall
 first he brought before T jas,ire ei the peace. who shall iherenpon proccrd According to section l46 of the act entitled An Act con cerning Crimes and Pantshments, 1" in the revised statutes of this State.
 Sec. ( If any person shall apply for and procure any designation of place for the blaming of oysiers 10 be made 10 him hy any committee appointed nndsr the rroyi- sions of this act for the purpose Of assign ing the righis acqaireds hy such designation for profit or speculation, he shall forfeit and pay for every such offence the sum of fifty dollars. ssis la ss sts4s 4Stss { s, Sec. :. The fees of he eommistee appoint ed pussDsnl 10 the provisions of this aes, to bc paid by the applicant, shall be one doi- l