The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-08-21
CHAPTER OOLxXxvIII.

An Act to protect the planting and cultivating
of oysters in the tide waters OF this state.
l. Belt enacted by the Senate and General AS
sembly of the State Of New Jersey, That any per
son persons, citizens of this state, now or here
after holding using or occupying any grounds ly-
ing under the tide waters Of this state for the
planting or cultIvating OF oysters thereon, SAID
grounds not now known and recognized as natural
oyster seed beds. from which there is now gathered
seed or young oysters for planting purposes, shall
be and hereby are confirmed in their holding or
right to use such grounds for the purpose of plant
ing and cultivating of oysters, and the oysters
planted and growing thereon shall be the personal
property OF the person or persons holding, using
OF occupying the grounds as aforesaid; provided,
the said grounds shall have been marked by prop
err stakes, ouoys or suitable monuments, and oys
tiers shall have been actually planted upon the
grounds so marked off.
2 And be it enacted That upon the grounds
now or hearafter held, used or occupied as afore-
said, the person or persons holding, using or Oecu-
plying the same may plant, cultivate and gather
oysters that they shell said ground and gather
the oysters that may grow thereon and all oysters
on said grounds shall be deemed and taken to be
thrir personal property; and every person or per-
sons who shall gather, catch or take oysters OF
shells from any lot of ground held, used OF occu-
pied afore said, without the permission Of the
person persons holding, using or occupying the
same shall be deemed guilty of "a misdemeanor,
and upon conviction thereof shall be lined IN asum
not greater than one hundred dollars, or be con-
fined in the county jail for period not exceeding
six months, both, at the discretion of the conrt
8. And be it enacted, That it shall be unlawful
for any person, without the permission Of the per
son or persons holding, using occupying the
as aforesaid to work from boats or otherwise with
rakes. dredges or other appliances upon any OF
said grounds, and thereby to injure disturb or
remove the oysters planted and growing thereon
and il shall be the duty of any constable or duly
appointed special officer, and lawful for any other
person, to seize and secure any boat, rake dreuge
or other appliance used in violation OF TINS law
and Immediately give information thereof to any
Justice of the peace of the county wherein such
seizure is made, who is hereby empowered and
required to hear, try and determine whether such
boat, rake, dredge or other appliance so seized was
used in violation Of this laws the said Justice shall
appoint time and place of trial and cause rea-
sonable notice thereof to be given to the person
who was in possession of the property seized and
| the owner thereof, if they can be found; and
shall at the time and place appointed, determine
whether the boat rake dredge or other applianc Q
seized was used in violation of this law, and if
| found to have been so used shall order the same
to be sold in such manner as the said justice shall
direct; and the avas thereof, after deducting all
proper and reasonable costs and charges which
said justice may tax and allow, shall be paid one-
half to the person persons making the seizure
and one-haf to the treasurer Of the state for the
use of the state.
L. And be it enacted, That no grounds now used
and set apart for claiming purposes in said state
shall be occupied and used for the purpose Of
planting or cuitivating oysters.
g. And be it enacted, That all stakes used for
the purpose aforesaid shall be elastic and yielding
and shall not impede navigation nor interfere with
the drawing Of seines in any place now established
and cdstomarily used for seine fishing.
6. And be it enacted, That any person or per-
sons who shall plant oysters upon any OF the
natural oyster beds lying under the waters afore-
said, now known and recognized as natural oyster
beds, and from which there is now gathered seed
OF young oysters for planting purposes, shall be
deemed trespassers and such planted oysters shall
be forfeited to the public who shall have the right
and privilege Of going upon said beds and taking
said planted oysters and converting the same to
their own at any time when it is now lawfnl to
take oysters from said natural beds.
7. And be it enacted That nothing in this act
contained shall give any person or persons the
right or title to any of said lands against the
state, and the state may at any time alter re-
peal this law, or the riparian commissioners may
make grants the same as if this act had not been
passed.
g. And be it enacted, That none of the proyis-
ions Of this act shall apply to the waters Or bot
toms Of Delaware bay and Maurice River Cove.
g. And be it enacted, That this act shall and is
hereby declared to be public act, and shall take
effect Immediately and all acts and parts of acts
inconsistent herewith shall be and hereby are
repealed.
Approved May II, 1884,