The Olneyville times. (Olneyville [Providence, R.I.]) 1887-1917, 1901-08-09
CHAPTER sSs.

Private and Several Oyster flshenss
Passed March 20, lO0l.)
n 4. enacted by the General Assembly AZ follows
Section I. There shall be elected by the genera
assembly in grand committee, i've commissioner
Of shell fisheries, one from each county, who shsl
hold ofbce for the term Of five years and unti
their successors respectively, shall be elected sn'
qualified 10 act. Any vacancy that may occur u
said Offices while the general assembly ~ not II
session may be filled by the governor until suei
time "A some person elected by the general a.
srmbly. in grand committee, to fll such vacancy
shall be qualified 10 act. Any person elected BY
the general assembly 20 fll such vacancy shsl
hold Office for the unexpired term of the persof
whose place he is elected 10 hll. They shaii haV'
power and authority 20 elect clerk and presorib'
bis duties: Provided, that nothing In this at
shall be NO construed 10 affect the tenure OF Of
fce OF the present commissioners Of shell fisheries
who shall continue 10 hold their Offices for th'
terms for which they were elected
Sec q The said commissioners, previous 20 en-
t~ring upon the duties Of their ofhce shall sever
ally give a bond, with sureies Satisfactory 70 the
general treasurer in the sum Of one thousand dol
lars, with condition 70 faithfully perform the du
ties Of the offce according to law.
Sec g. The said commissioners shall make an
nual report 10 the general assembly at its Janusfy
session Of their doings and the condition OF this
department OF the public service, including de
tailed statement Of all moneys received and ex.
pended on account thereof.
Sec l. The said commissioners shall have an Of
Ace in the state house in the city Of Providence,
where the maps, charts books. leases, and other
property connected with said commission shall he
kept.
Sec g. Each Of said commissioners shall, by vir
tue OF his office, make complaints for any viola
tion OF the laws Of this state relating 10 shell
fisheries, and OF any subsequent amendments there.
OF, without giving reoognizance or surety for
costs.
Sec O. The said commissioners NAV appoint
such deputies as they shall deem necessary for the
detection and prosecution Of any violation Of the
laws Of this state relating TO shell hsheres Each
OF said deputies appointed as aforesaid shall be,
by virtue of his Office, a special constable, and as
such deputy may, without warrant, arrest any
person found violating any Of said laws, and de-
tain him for prosecution not exceeding twenty
four hours and may seize any boat or vessel used
On such violation, together with her tackle, APP
paTel and furniture, and all implements belong
ing thereto Said commissioners may make all
necessary regulations for the enforcing Of said
Nws. and they shall be allowed their actual dis
burstments made in carrying the same into effect
Sec 2. Said commissioners may, unless other
wise by statue prohibited, agree TO lease in the
name, Of the state, by public auction or other
wise, 10 any suitable person, being an inhabitant
OF this state, any piece Of land within the state,
covered by four f'et Of tidew at mean low
tide as deneated upon the plats in the office OF
commissioners Of shell fisheries, and not within
any harbor line, 10 be used as q private and sew
eral oyster fishery for the planting and cultivation
OF oysters thereon, upon such terms and condi.
tions as they may deem proper, but not for q
longer term than ten years or for a shorter term
than five years nor for a rent OF less than ten
dollars per annum for every acre TO be leased,
where the water is of the depth of less than
twelve feet at mean low water, as shown on the
.I..lI
fisheries and not agreeing 20 lease more than one
acre at time in one lot or parcel 10 one person
or firm; but in drawing such leases said commits
sioners may include in the instrument Of lease
one or more acres Of land NO leased by them, and
all such leases shall be made and executed free Of
expense TO the lessees; and neither Of such com
missioners shall at any time be interested In any
lease Of ground for planting oysters. or in the
cultivation product thereof: Provided, however,
that in Little Narragansett bay, and in PAwca-
tuck river below "Pawoatuok rock" so.caed,
the said commissioners may let such land on
terms as TO time and rentals as may seem to them
best.
Sec g. The said commissioners may let and
lease any lands within the state covered 10y tide
water where the said water IL Of the depth Of al
least twelve feet according to the plats in the Of
hce Of the commissioners Of shell fisheries al the
average low water, for the purpose OF having the
said land used in planting and cutiyating oysters
IN the deep waters OF Narragansett bay and tribu.
tariss, at an annual rental Of not less than five
dollars per acre, for q term not exceeding ten
years from such letting
Sec 0. Any person who shall wrongfully make
claim 10 any public oyster ground of which he
has no lease or title from the state, by erecting
bounds or monuments thereon Of any description,
otherwise claiming title to such land, shall for
the first offence pay a fine Of twenty dollars and
costs. and for every subsequent offence pay fine
OF Atty dollars and costs. one-half thereof 10 the
use Of the state and the other half TO the com
planant.
Sec. TO- The said commissioners shall cause the
original surveying and plating Of all lands for
planting and cultivating oysters under provisions
Of this chapter to be done at the expense Of the
state and without charge to the lcssees; and the
state auditor shall draw his order for the pay.
mebt Of said surveys and plating upon the gen
erl treasurer, upon properly presented vouchers
approved by said commissioners, and the general
treasurer shall psy said orders out of any moneys
that may be in his hands not otherwise appropri.
sted
Sec. II. The said commissioners may at the re-
quest Of the lessee, for cause shown, cancel or
modify any lease. or they may remit or abat,
the rent reserved therein II IL shall be made ia
appear TO the satisfaction Of the commissioners
that IL would be equitable so TO do.
Sec. 12 The said commissioners shall not let
any land north OF line extending across Prog
dence river from Fields Point TO Kettle Point; OF
let any lands west Of line drawn from Warwick
Neck light 60 Pojack Point, at Potowomut Neck
OF let any land between Pomham light and Nayatt
light or between pawtuxet Neck and Rocky Point
I'm shore from land already leased: or let any o
the ponds in Little Compton, Charlcstown, South
Kingstown. New Shoreham. Tiverton. or wcster
ly, or let the channel between Long Neck ant
Marsh Island fats, from the channel in Providenc,
river TO the briSge in Pawtuxet: Provided how
ever, that nothing in this act shall be con
strued as 20 affect any Of the lands which hsv,
been leased OF the releasing thereof.
Sec. 13 The said commissioners shall give no
tice OF every application for lease Of land to
the planting of oysters by publication twice
week for two successive weeks in some daily news
paper published in the city Of Providence, an,
also once week for two successive weeks IL
some newspaper published in the county nearcs
90 which the ground is located, describing thu
land therein applied for and giving the name an'
residence Of the applicant and the day, hour, an,
place where the land will be let; which day shal
IN all cases where the first hearing upon such al
application is 20 be had be upon the first thir,
Friday Of the month, and the commissioners ma,
give such further notice Of such application a
they may deem 10 be necessary TO inform person
interested Of the pendency Of such application
and the actual costs Of publishing said notice
shall be paid by the applicants
Sec. Ia. Said commissioners may adjourn sucl
hearing from time TO time. and may issue process
90 compel the attendance Of witnesses for eithe
party, and shall give notice 10 all parties VIII
have appeared before them upon any application
OF the time and place when their decision will h
given and Fuch decision shall be final. unless az
peate proceedings taken and prosecuted a
hereinafter provided.
Sec. IS. Any person aggrieved by the decision @
the commissioners upon any application for a pri
yate or several oyster ground or oyster fisher
may petition the common pleas division Of tb
supreme court within and for the county neares
TO which said land applied Tor lies. for a "a
versal or modification of such decision. In lik
manner and with the same nrnra.inre- rrcnniin