The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1901-08-09
., .,sn no, be leased. ana the commissioners shsi.

4
| fot that PURPOSE and shall contain proper cove
| nsnis for the payment Of rent and the perform
| snoe Of the conditions and Observance Of the re-
| strictions therein set forth, with proper clauses
| reser,ing 10 said commissioners right 10 reenter
on behalf Of the state and TO terminate ssid lease
| for breach Of any Of said covenants.
| Sec 10 Said commissioners shall before grant
ing any such lease cause the land 10 be leased AZ
aforesaid 10 be surveyed and plated, and shall In
all cases cause proper bounds with marks thereon
| 20 be set up either on the shore opposite and
nearest 10 such land 20 be leased a. Aforesaid In
| order 10 define the limits thereof shall cause
sneh land 10 be leased az Aforesaid TO be marked
with stakes or buoys at the corners of the ground
| leased with such marks thereon az they may d.
rect Such bounds. stakes, or buoys, with the
marks thereon, shall lie renewed whenever the
| commissioners shall direct.
| Sec. 20. The drawing and executing OF tucb
| leases the original surveying and plating, shall
| be done by said commissioner without expense 10
| the lessees The setting up Of the bounds, stakes,
or buoys shall In all cases be done by the lessee
under the direction Of the commissioners
Sec 2l. Every person who shall willfully inJure,
| dsfaoe destroy, remove such marks or bounds,
or dsfaoe any mark thereon, or shall tie or fssten
| any boat or vessel 20 any such stake or buoy shah
! be fined twenty dollars Tor each offence, ne-haif
thereof 10 the Of the state and one half there
| of 10 the use 81 the complainant Every such per-
| ,on shall, in addition thereto be liable In an ~.
| tion Of the case 10 pay double damages and costs
| 70 the person who shall be injured by having the
marks and bounds. stakes, or bUoys Of their ssid
| lots injIred, defsced, removed, or destroyed ~
I sforesaid.
Bee. %. The oysters planted or growing in any
private oyster ground leased as Aforesaid shall,
| during the continuance Of the lessc, be the per
sonsl property Of the lessee Of such oyster ground
! Sec. 23 Every person who shall work drcdge,
pair u oyster tongs or rdkes, or any other imple
ment for the taking of shell.hsh Of any descrip.
hon, upon any private and several Sster ground
or bed without the consent Of the lessee or owner
thereof or who shall while upon Or sailing over
any such ground or bed, cast haul, or have over
board any such dTedge, tongs, rake, or other i'm
plement for the taking of shell.6s Oi any descrip
tion, under any prctence or for any purpose what
ever, without the consent Of such lessee of owner
shall for the first offence be fined not exceeding
twenty dollars be imprisoned not exceeding
thirty days and for every subsequent offence shall
be fined not exceeding one hundred dollars or he
imprisoned not exceeding six months.
Sec "a Said commissioners shall from time 20
time diligently inspect and ascertain whether or
not the terms and restrictions Of the leases are
kept and performed in just and proper Nanner,
and whether or not the rents are punCtually paid;
and in case said terms and restrictions are not
kept and performed, said rents are not punctu-
ally paid, the commissioners shall forthwith enter
upon the land 70 leased and terminate the lease.
Sec 20. The commissioners may, In the name ~
the state, institute any legal proceedings that may
be necessary for the collection Of such rent. The
commissioners may take possession Of any lot
leased upon which the rent shall not have been
paid. and may dispose Of said lot with all the oys
ties thereon AZ public auction 20 the highest bid
der, first giving notice Of the time and place of
sale by publishing the same at least once each
week for two successive weeks in some newspaper
published In the city Of Providence, with power to
adjourn such sale from time 10 time, giving like
notice of such adjournment; to make and execute
to the purchaser at such sale good and sufficient
conveyance Of all the right. title and interest of
sad lessee in and to the lot leased, together with
the oysters thereon and TO receive the proceeds 81
such sale, and from said proceeds 20 retain all
sums due and owing the state for rent afore-
sad. together with all expenses incident to such
sale, rendering and paying the surplus Of said
proceeds OF sale, II any there he over and above
the amounts to be retained as aforesaid to said
lessee, his heirs, executors, administrators or
assigns.
Sec 20. Every person who shall take oysters
from any private and several oyster bed, except
between the hours Of sunrise and sunset, shall be
fined twenty dollars for each offence, one. half
thereof TO the use Of the state and half there
Of 10 the use of the complainant; and every boat
or vessel used or in any way employed in doing
shall, together with its tackle. apparel furniture,
and implomets on board, he forfeited.
Sec "a Every person who shall wrongiully take
and carry away oysters from a private oyster bed
shall for the FIRST offence be fined hity dollars and
be imprisoned for thirty days, and for every sub
sequent offence shall be fined one hundred dollars
and be imprisoned for six months
Sec 2s. Any police constable may In view of the
commission Of any offence against the provisions
OF this act upon any Of the public waters of the
state arrest the offender without warrant and de
tain him for prosecution not exceeding twenty
four hours.
Sec 90 Every person who shall willfully break
up damage or iniure any bed OF oysters, or any
tract Of land leased from the state for an oyster
bed. by dsposting thereon earth. stones or dredg-
ings or sooopings from the river or docks, or In
any other manner, shall he fined not exceeding Ave
hundred dollars, one.haf thereof TO the Of the
state and one half thereof TO the use of the com
planant, and shall forfeit his boat vessel with
her tackle, apparel and furniture, and all the i'm.
plcments by him used in iniuring such oyster bed.
Sec. 30. Every person convicted a second time Of
n violation Of any Of the provisions Of this act
shall, IN addition TO the penalties herein before
mentioned be deprived of the privilege OF fishing
for oysters in the waters Of the state for the space
OF three years thereafter, under penalty Of thirty
! days imprisonment for each offence
Sec. 81 Every person who shall take more than
| two bushels OF oysters during any one day from
! Trstan pond. in South kingstowp, shall be fined
/ not less than h,o dollars nor more than twenty
dollars for every bushel 80 taken above two bush
els.
Sec. 80 Each Of said commissioners shall he by
virtue oi his office a special constable. and. az
such commissioner may arrest any person found
violating any of the provisions Of this act. and
may seize any boat vessel, with her tackle, APP
parel, and furniture, and all implements belonging
thereto, when employed in taking oysters or in in.
juring any oyster bed in violation of the provi.
dons Of this act. and shall make complaint when
called upon 10 do for all such violations and in
any such complaint he shall not be required al the
time Of complaint or thereafter 10 enter into rec.
ognizanCe or in any way TO become liable for the
costs that may accrue thereon; and the attorney
general shall, when notified to DO 80 by the com
| plainant, prosecute all such complaints in tn,
court where the same shall I've made or be pend
ing; and sll cases Of appeal thereof from the sen
tence Of district court. and all questions arising
under the same, or under any complaint and war
rant made under the provisions Of this act, ir
either division Of the supreme court shall be con
Quoted by said attorney general.
Sec 80. surveyor may bc employed 60 hx IN.
place or otherwise to designate the locality OF an,
violation OF the provisions Of this act, aud reason
able charges Of such surveyor for such service shall
he allowed by the court. ~ said employment shal
| be by said court deemed 70 have been necessary
and such charges when allowed as aforesaid shall
he taxed in the hill Of costs
Sec 81 All lesses OF oyster grounds heretofor,
granted by the commissioners oi she'll fisheries q
any party parties residents Of this state ar
hereby validated and confirmed.
| Sec. 30. Chapter i10 of the General Laws and al
acts and parts ot acts inconsistent herewith ar,
hereby repealed. and this act shall take eGec
from and after its passage.
CHAPTER $50
AN ACT In Amendment Of and In Addition {,
Chapter i56 Of the Public Laws Passed May IL
1897.
Passed March %, 1901
II is enacted by the General Assembly as follows:
Section I. Chapter a56 Of the Public Laws pass