Litchfield enquirer., 1870-11-03

CHAPTER CXXxIn.
 An Act in addition to an Act, entitled ''An
 Act for Regulating and Encouraging Fisheries
 Be it enacted by the Senate and House of Representatives in General Assembly convened:
 Sec. l. The selectmen of the town of East Haven, for the time being, or a ma jority of them, shall have exclusive power and authority to designate, set apart, and cultivate oysters thereon, on such terms and conditions as they may deem expedi- ent, that portion of the navigable waters of said town which is included within the following boundary lines, viz: commen- cing upon the line of division in East Ha- ven river, between the towns of East Ha- ven and Branford, opposite low water mark, and extending thence southerly along the line of division between the nav igable waters of East Haven and Branford, to the intersection of line so drawn as to cross the centers of Stoney Island and Southwest Ledge; thence northwesterly by the shortest direct line to the line of di- vision between the navigable waters of the the town of East Haven and Orange; thence northerly along said last mentioned line of the southerly limit of Morris's Cove; thence easterly by the shortest line to low-water mark, but south of any land already designated for the planting and cultivating of oysters therein; and thence by the line of low-water mark to the place of beginning.
 Sec. 2. Said selectmen shall not desig- nate, set apart, and convey as aforesaid. more than two acres to any ono person; and the money derived from such It s gna- &InY I ol, Ill .9 treasury of the town of East Haven, for the use of said town.
 2. Sec. 3. The persons to whom such land is set apart and conveyed as aforesaid, shall severally mark and stake out the ground so designated, and may enclose the same with buoys, or with stakes, which, when the same are set at suitable distances and are plainly and distinctly visible above the surface of the water, at high water, shall be lawful enclosure. Said selectmen shall make written description of the lots so by them set apart and conveyed as afore- said, by ranges or otherwise. as may be most convenient, and the date thereof.
 Sec. A. Every person, his heirs, execu- tors, administrators or assigns, who shall plant or cultivate oysters upon land so set apart, and conveyed to him as aforesaid, shall be the owner of such oysters, and shall have the exclusive right of taking up and disposing of the same, and of using such land for the purpose of planting and cultivating oysters therein; and such right shall be transferable by written assign ment; but nothing in this act contained shall be so construed as to authorize the obstruction of navigation in said waters, or to impair existing rights (if any exist) therein, or to authorize the designation or stalking out of any beds of natural oys- ters. 4
 Sec. 5, Neither the owner nor any other person shall take, gather. or collect any shells, or shell-fish from any portion of said described nayigable waters in the night season. between the setting and rising of the sun, on penalty for every such offence of not less than seven nor more than one hundred dollars, or by imprisonment in the common jail not exceeding sixty days, or by such fine and Imprisonment both, at the discretion of the court, one-half of which penalty shall be to him who shall sue therefor, and the other half to the treasurer of the town of East Haven.
 Sec. 6, All the provisions of sections GA, 65, and 66, of the act to which this is an addition, not inconsistent with this act. shall apply to and be deemed and consid, cred part of this act in all respects the same as if the land hereinbefore mention. ed were designated and allotted by a com- mittee duly appointed under and pursuant to the provisions of the act to which this is in addition.
 Sec. 2. All acts inconsistent with this act, are hereby repealed.
 Sec. 8. This act shall take effect from it's passage.
 Approved, July %, 1870.