Year: 1864

CHAPTER LII.

 An Act in addition to and alteration ot "an

 Act Regulating and Protecting the Planting

 of Oysters"

 Be it enacted by the Senate and House of Representatives in General Assembly con- vened:

 SEC. l. Whenever any person has had or shall have place in the navigable waters of this state, designated and let to him by the proper committee, under and according to the provisions of the act to which this is in addi- ton, such person may enclose the same with buoys or with stakes, and the same, when set at suitable distances and plainly and distinctly visible above the surface of the water at high water, shall be deemed to be a lawful and suf. fcient enclosure.

 SEC. 2. The selectmen of each town, hav- ing navigable waters within its limits. in which grounds have been or shall hereafter be desig- mated as aforesaid for the planting of oysters, shall provide book to be kept by the town clerk of such town for recording all appica- tions for grounds for the planting of oysters as aforesaid together with the written designa tons and descriptions of the grounds designa ted and set out upon such applications, and all transfers or assignments of such grounds. And no such designation or enclosure. and no

 

 hereafter made, shall be of any validity until such application and description, or such as- sigrment shall have been left for record with the town clerk of the town within which such grounds are situated. And it shall be the du- ty of town clerks to record the same. and to make a memorandum upon each application and description or assignment, of the day when the same was received for record, and of the book and page in which the same was re- corded and they shall make an alphabetical index of all such applications, designations and assignments, specifying in each index the names of the applicants, assiguors and assign ees separately. And the fees of town clelek shall b., for recording each application and designation together, forty cents; and for re- cording each assignment twenty five cents. And no town clerk shall be holden or compelled to record any such instrument or to receive ths same for record. until such fec is paid.

 SEC. 3. Any person owning Or possessing such grounds at or before the time when this act takes effect, may have the evidence of his title thereto recorded in the manner and on the books aforesaid, on payment of the fees hereinbefo-e provided.

 SEC. 4. Copies of the records made as here inbefore provided shall be receivable in evi dence in all courts in the same HaDner and to the same extent as copies of the records of conveyances of real estate.

 SEC. 5. If any person to whom any such grounds have been lawfully designated and set, or who has acquired title thereto by law full assignment, shall have lost the evidences of his title thereto, he may apply to the com mittee of fhe town, within which such grounds are situuted, to have the same designated and set to him anew and if he shall satisfy such committee that the same justly belong to him and that he had obtained and filed such evi- dences of title with the town clerk, and that such evidences have since been lost or destroyed, such committee may designate and setsucb grounds to him anew, notwithstand- ing he may have acquired title, either by ori- ginal application and designation, or by law whole of the grounds so held by him would exceed two acres in extent Provided, that no such new application and designation shall affect the rights of any other person or per sons to the ground so designated and Set out, or to the oysters that may be thereon And any person who shall frauduently procure any such ground to be designated and set to him. self or to any other person under the provi- siOns of this section shall, on conviction thereof, he punished by a fine not exceeding three hundred dollars. or by imprisonment in the county jail not exceeding six months. or by such fire and imprisonment both, at the discretion Of the court having cognizance of the ofense

 SEc 6. The property in the claims which have been or shall be set out to individuals or companies in accordance with the provisions of the act to which this is in addition, shall be ia- ble to assessment and taxation in the town where such claims are situated, in the same manner as other property.

 Approved, July 9th, 1864.

 CHAPTER LII.

 An Act for the Encouragement of Fisheries. 7 Be it enacted by the Senate and House of Representatives, in General Assembly conve- ned