Litchfield enquirer., 1878-04-25


 which lies west of the westerly boundary of East Haven and east of line parallel with and five hundred yards west of said line, and the selectmen of Orange may make similar des- ignations of ground, for the purposes of plant ing and cultlvating oysters in the territory cov- cred by the waters of Long Island Sound, ly- ing westerly of said tract, five hundred yards in width, and easterly of line due south from Savin Rock; and all designations of oyster ground heretofore made by said committee, in the tract first described, or by such selectmen in the tract last..abeve described, are hereby validated and confirmed. But nothing herein contained shall be construed to affect the mat ter of any boundary line between New Haven and Orange, and prosecutions for the violations of the statutes concerning fisheries in any part of the whole of such territory, may be brought in either New Haven or Orange.
 Approved March 13, 1878.
 [Senate Bill No. 16
 CHAPTER XIII. < An Act to prohibity Fishing in Follett's Be it enacted by the Senate and House of Rep- resentatives in General Assembly convened :
 That every person who shall take any fish from Felletts Ponds, in the town of Windham within period of five years from the passage of this act, shall be fined not more than seven dollars or imprisoned not more than thirty days, for such violation of this act.
 Approved March 13, 1878
 [Senate Bill No. IA.
 CHAPTER XXIv.
 An Act relating to Oyster Lots and Fisheries. Be it enacted by the Senate and House of Rep resentatives in General Assembly convened: Section 1. Section one, part two, chapter six, title eighteen (page 355) of the general statutes is hereby amendedso as to read as fol- lows:
 When the boundaries of lands. or of grounds lawfully designated for the planting or culti- vating oysters, clams or mussels, between ad- joining proprietors, shall have been lost or be- come uncertain, and they cannot agree to es- tablsh the same, one or more of them may bring a petition to the superior court for the county in which such lands or a portion of them are situated and such court, as a court of equity, may, upon such petition, order such lost and uncertain bounds to be erected and established, and may appoint a committee of not more than three dislnterested ee-holders, whe shall give notice to all parties interested in said lands or grounds, to appear before them, and having been duly sworn, shall in quire into the facts, and eract and establish such lost and uncertain bounds, and may em- ploy surveyor to assist therein, and shall re-
  if said court shall find said parties were duly notified, it may confirm said doings, and cer- tifed copies of said report and decree shall be recorded in the records of the town in which said lands are, or in which the designation of said grounds for planting or cultivating oys- ters, clans, or mussels are recorded, and the bounds SO erected and established shall be the bounds between said proprietors.
 See. 3. Section four, article one, part one, chapter four, title sixteen of the general stat utes (page 214) is hereby amended, so that in place of so much thereof as commences with the words ''every person"in the first line there of, and extends to the words ''written assign ment' in the fifth line thereof, it shall read as follows
 Every person who shall plant or cultivate oysters, clans or mussels in any such place shall own them and also all other oysters, clans, or mussels on such place, and have the exclusive right of taking up and disposing of them, and of using such place for the purpose of planting or cultivating oysters, clans or mussels therein, which shall be transferable by written assignment. .
 Sec g. So much of section seventh, article, first, part first, chapter fourth, title sixteenth of the general statutes (page 215) as common ces with the words ''and all attested copies" in the third line from the last line, and extends to the clrse of said section, is hereby amended so as to read as follows
 And all attested copies of such applications, designations, and assignments, with a certif- cate that they have been recorded, shall be conclusive evidence of the fact of such record and prima ytacte evidenced the validity of such application, designation and assignment.
 Sec A. Section fifteen, article One part one, chapter four, title sixteen of the general statutes (page 216) is hereby amended so as to read as follows:
 Any member of a committee Ore selectman (eXcept of the towns of Orange, New Haven and East Haven), who shall designate places for planting or cultivating oysters upon natur- al oyster bede, and any committee or select man who shall make such designation upon any places where it is by law prohibited shall forfeit not less thau $35 nor more than $20O, half to him who shall sue therefor, and half to the town where the offense is committed.
 Sec. 5. Section sixteen, article one, part one chapter four, title sixteen of the general statutes (page 216) is hereby amended so as to read as follows:
 Any other person than the owner thereof who shall, in the day time, unlawfully take and carry away any oysters lawfully planted or cultivated i'll any waters, or any oysters be- ing on any place duly designed for the plant ing or cultivating of oysters, shall be fined not exceeding $500 or imprisoned not exceeding one year and if such offense shall be commit ted in the night season, he shall be fined not exceeding $500 or imprisoned in the common jail or State prison not exceeding me year.
 Sec G. Section eighteen, article one, part one, chapter four, title sixteen of the general statutes (page 216-O is hereby amended, so that with amendment thereto passed in 1877, it shall read as follows:
 Every person who shall wilfully injure any inclosure legally designated, marked out and inclosed Cor remove any buoys or stakes used to mark out any such such oyster ground, or injure the oysters planted or cultivated there in or who shall take any shells from such en. closure) shall be punished for the first offense, by fine not exceeding seven dollars, or by imprisonment in a common jail or work house not exceeding thirty days on second convic tion by fine not less than seven dollars, nol more than twenty dollars, and by imprison- ment in common jail or work house not less than thirty days, and not more than ninety days, and on every subsequent conviction by 6 fine of fifty dollars and by imprisonment in a common jail or work house for six months 1: and every prosecution or second offense shall be heard and determined by justice of the peace (with the right of the accused to appeal to the superior court as in other criminal causes.
 Sec. 7. Section twenty, article one, part one, chapter four, title sixteen of the general statutes (page 21O is hereby amended so as to read as follows:
 Any persons who shall between sunset and sunrise take or collect any shells or shell fish from any place in the waters of New Haven harbor, or its tributaries, or within two miles from the mouth of said harbor, or within two miles from the shore of East Haven, lawfully desipnated for the nlantino or culti yatinr of oysters, or from any place below high-water mark and within two miles of the shores of Branferd, shall be fined not exceeding one hundred dollars, nor less than seven dollars or imprisoned not exceeding sixty days, or both |; and if fine shall be imposed, half thereof shall be, paid to the informer, and half to the town where the offense was committed; pro- vided, that this section shall not apply to the taking of clans off Branford between the first day of May and the fifteenth day of October
 Sec 8. All applications and designations Nf r1v,d t1o1 1oEf c. Al--