The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-11
CHAPTER ccLxxxvII1.

An Act to protect the planting and cultivating of
oysters in the tide waters of this state.
l. BE ii enacted by the Senate and General Assem-
bly, of the State of New Jersey That any person or
persons, citizens of this state, now or hereafter
holding, using or occupying any grounds lying I'M
der the tide waters of this state for the planting or
cultivating of oysters thereon said grounds not
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 right TO use such
grounds for the purpose OF planting and cultivatng
of oysters, and the oysters planted and growing
thereon shall be the personal property OF the person
or persons holding, using or oceupyingthe grounds
as aforesaid; provided, the said grounds shall have
been marked by proper stakes; buoys or suitable
monuments, and oysters shall have been actually
planted upon the grounds, so marked off.
2. Aud be it enacted, That upon the grounds now
hereafter held, used or occupied as aforesaid The
person persons holding, using or occupying 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 their personal
property; and every person or persons who shall
gath catch take oysters or shells from any lot
of ground held used or occupied as aforesaid with
the permission OF the person or persons holding
using occupying the same, shall be deemed guilty
OF Dsdemeanor and upon conviction thereof shall
be find in sum not greater than one hundred dol
lars or be confined in the county jail Tor period
not exceeding six months OF both, at the discretion
of the court.
g. Aud be it enacted That 1t shall be unlawful for
any person. without the permission of the person or
persons holding, using occupying the grounds
now or hereafter held used or occupied as afore-
said 10 work from boats or otherwise with rakes,
dredges or other appliances upon any oil said
grounds, and thereby to injure, disturb or remove
the oyster 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, dredge or other
appliance used in violation of this law md mne-
dlatey give iDformaton thereofto any Justice of the
peace of the county wherein such seizure is made
Is hereby empowered and required TO hear try and
determine whether such boat rake, dredge or other
appliance seized was used in violation of this
law the said Justice shall appoint time and place
of trial and reasonable notice thereof TO be
given to the person who was in possession of the
property seized and the owner thereof ii they can
| he found and shall, at the time and place APP
pointed, determine whether the boat rake, dredge
| or other appliance seized used in violation of
this law, and II found to have been so used shal,
order the to be sold in such manner the said
Justice shall direct; and the avals 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 max
ing the seizure and one-half to the treasurer of the
state for the use OF the state.
| L. And be II enacted That no grounds now used
and set apart for camming purposes in said state
shall be occupied and used for the purpose of plant
ing cutivating oysters.
g. And oe 1t 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 customarily
used for seine fishing.
9. And be it enacted, That any person or
persons who shall plant oysters upon any of
the natural oyster beds lying under the
waters aforesaid now known and recognized
as natural oyster beds, and from which there
| is now gathered seed or young oysters for
planting purposes shall be deemed trespass-
ers, and such planted oysters shall be forfeit,
ed 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 use at any time when 1t is now
lawful to take oysters from said natural beds.
Z And o 1t enacted That nothing in this
act contained shall give any person or per-
| sons the right or title to any OF said lands as
| against the state. and the state may at any
| time alter or repeal this law, or the riparian
commissioners may make grants, the same as
IL this act had not been passed.
g. And be 1t enacted, That none of the pro
visions of this act shall apply to the waters
or bottoms of Delaware bay and Maurice
River Cove.
0. And be II enacted. That this act shall and
Is hereby declared to be a 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, 1894