The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-31

erai Assembly of tn State of New Jersey,
That any person or persons, citizens OF
this state. now or hereafter holding,
using or occupying any grounds lying
under the tide waters of this state for
the planting or c~ultivating of oysters
thereon, sale grounds not now known and
from which there is now gathered seed or
young oysters for planting purposes,
shall be and hereby are confirmed in their
holding n right to use such grounds for
the purpose of planting and ~cultivating
of oysters, and the oysters planted and
growing thereon shall be the personal
property of the person or persons hold
aforesaid; provided, the sale grounds
shall nave been marked by proper
stakes, buoys or suitable monuments,
and oysters shall have been actually
2. And be it enacted, That upo the
grounds now or hereafter held used or
occupied as aforesaid. the person or
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 there
on, and all oysters on said grounds shall
be deemed and taken to be their personal
property; and every person or person
who shall gather, catch or take oysters
or shells from any lot of ground held,
used or occupied as aforesaid, without
the permission OF the person or persons
holding, using or occupying the said,
without the permission of the person or
pei SA0Ah ooAAAS ~ OSSoPy AA5 NAC
same, shall be deemed guilty of a mis-
demeanor, and upon conviction thereof
shall be fined in a sum not greater than
one hundred dollars, or be confined in
the county Jail for a period not exceeding
six months, or both, at the discretion of
the court,
8. And be it enacted, That it shall be
Unlawful for any person, without the per-
mission of the person or persons holding,
using or occupying the grounds now or
hereafter held, used or occupied as afore-
sold tn work from hn4TG or " OfharWiSAl
with rakes, dfedges or other appliances
upon any of said grounds, and thereby to
i9jure, disturb or remove the oysters
shall be the duty of any constable or du-
ly appointed special of1cer.and lawful for
any other person to seize and secure any
boat, rake, dredge or other appliance used
violation of this 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.
a time and place of trial and cause rea-
sonable notice thereof to be given to the
person who was in possession of the prop
erty seized n the owner thereof, if they
can be found; and shall at the time and
place appointed, determine whether the
boat, rake, dredge or other appliance
seized was used in violation of this law,
and if found to nave been so used shall
order the same to be sold in such manner
as the said Justice shall direct; and the
avails 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 or persons
making the seizure, and one-half to the
treasurer of the state for the use of the
state.
4. 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
cultivating oysters.
5. And be it enacted. That all stakes
used for the purpose aforesaid shall be
navigation nor interfere with the drawing
of seine in any place now established
and c~ustomarily used for seine fishing.
6. And be it enacted, That any person
or persons who shall plant oysters upon
any of the natural oyster beds lying un-
der 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 t-resspassers, 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 use at any time when it is
now lawful to take oysters from said nat
ural beds.
T. And be it enacted That nothing nj
this act contained shall give any person
or persons the right or title to any of said
lands as against the state, and the state
may at Any time .dlteI " fSpcdl ILLS RAW
or the riparian commissioners mayarnake
grants the same as if this act had not
been passed.
s. And he it enacted, That none Of the
provisions of his act shall apply to- the
waters or bottoms Of Delaware bay and
Maurice River love.
9. And be 1t enacted, That this act shall
n Is hereby declared to be a public act,
n shall take effect Immediately; and all
acts and parts of acts inconsistent here
with shall be and hereby are repealed.
Approved May II, 1894.