Persons doing injury to inclosure

natural oyster bed, or infringe the free navigation of the waters aforesaid, or to interfere with the drawing of seines in any place established, and customarily used, for seine fishing; and any person who shall so mark, stake out, or inclose, any natural oyster-bed, in the manner provided by this act, for the marking, staking out, and inclosing of ground, designated by a committee for the planting of oysters, shall forfeit, for every such offense, a sum not less than five dollars, and not exceeding fifty dollars, one-half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the town where the offense is committed.

SECT. 63. Every person, who shall do any injury to any inclosure, marked out, &c., marked and staked out according to the provisions of this act, or to liable in an action the oysters planted therein, shall be liable to the party injured, in an of trespass, &c. action of trespass, and shall also be punished in the manner provided for the offenses specified in the next succeding section.

Penalty for gathering oysters in such inclosure.

Penalty for pro

tion for profit, or speculation.

SECT. 64. Every person, who shall gather any oysters upon any such inclosure, or shall take away any oysters therefrom, without the permission of the owner of the same, shall be punished, on a first conviction for such offense, by a fine not exceeding seven dollars, or by imprisonment, in a common jail, or work-house, not exceeding thirty days; and on a second conviction for such offense, he shall be punished by a fine not less than seven dollars, nor more than twenty dollars, and by imprisonment in a common jail, or workhouse, not less than thirty days, and not more than ninety days; and on every subsequent conviction for such offense, he shall be punished by a fine of fifty dollars, and by imprisonment in a common jail, or work-house, for six months; and every prosecution for a first or second offense, shall be heard and determined by a justice of the peace, but the person charged with such offense, if he shall be convicted by said justice of the peace, may appeal from the judg ment of such justice of the peace to the superíor court, on giving bond, with surety, according to law.

SECT. 65. Every person, who shall apply for, and procure, any curing designa- designation of a place for the planting of oysters, to be made to him by the committee, herein before provided to be appointed, for the purpose of assigning the rights, which he may acquire by such designation, for profit or speculation, shall forfeit the sum of fifty dol lars for every such offense.

1864.

cord applications,

assignments.

SECT. 66. The selectmen of each town, which may have naviTown clerk to re- gable waters within its limits, in which grounds shall have been dedesignations, and signated for the planting of oysters, shall provide a book, to be kept by the town clerk of such town, for recording all applications for such grounds, together with the written designation and descriptions of the grounds designated and set out upon such applications, and all transfers and assignments of such grounds; and no such designation, or inclosure, and no transfer, or assignment, of any such grounds, which shall have been made subsequent to the ninth day of July, 1864, shall be valid, until such application and description, or such assignment, shall have been left for record with the town clerk of the town within which such grounds are situated, who shall record the same, and make a memorandum upon each application, description, or assignment, of the day when the same was received for record, and of the book, and page, where the same was recorded, and he shall make an alphabetical index of all such applications, designations, and assignments, specifying in each index the names of the applicants, and of the assignors and assignees, separately; and all

attested copies of such applications, designations, and assignments, with a certificate that they have been recorded, shall be conclusive evidence of such fact.

9th day of July,

evidence of title

SECT. 67. Any person, who owned or possessed any such grounds, Persons, owning on the ninth day of July, 1864, may have the evidences of his title grounds on the thereto, recorded in the manner, and on the books, provided in the 1864, may have next preceding section, upon payment of the fees hereinafter provi- recorded. ded, to the town clerk of the town in which such grounds are situated.

title is lost, new

SECT. 68. If any person, to whom such grounds have been law- When evidence of fully designated, and set out, or who has acquired title thereto by designation may lawful assignment, shall have lost the evidences of his title thereto, be made, he may apply to the committee of the town, within which such grounds are situated, 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 evidences of title with the town clerk, and that such evidences have since been lost or destroyed, such committee may designate and set such grounds to him anew, notwithstanding he may have acquired title, either by original application and designation, or by lawful assignment, to other grounds, so that the whole of the grounds so held by him. would exceed two acres in extent; but no such new application and designation, shall affect the rights of any other person, or persons, to the grounds so designated and set out, or to the oysters that may be thereon; and any person, who shall fraudulently procure any such ground to be designated and set to himself, or to any other person, under the provisions of this section, shall, on conviction. thereof, be punished by a fine not exceeding three hundred dollars, or by imprisonment in the county jail not exceeding six months, or by such fine and imprisonment both.

Fees of commit

SECT. 69. The fees of such committee shall be paid by the appli-1855. 1864. cant, and shall be fifty cents for each description of any designation tees and town under this act, and one dollar a day for each member of such com- clerks. mittee, for the time actually occupied in making such designation; the fees of town clerks shall be forty cents for recording each application and designation together, and twenty-five cents for recording each assignment, and no town clerk shall be compelled to receive any such instrument for record, or to record the same, until such fee is paid.

1864. Property in des

SECT. 70. The property in the grounds, which have been, or shall be, designated and set out, in accordance with the provisions of this ignated grounds act, shall be liable to assessment and taxation, against the owners to be taxed. thereof, in the towns where such grounds are situated, in the same manner as other property is assessed and taxed.

1865.

prohibited.

SECT. 71. Every person, except the committee appointed for that Staking out purpose, who shall stake out, or inclose, any of the public grounds grounds, except in the navigable waters of this state, for the purpose of planting by committée, oysters therein, shall forfeit a sum, not less than ten dollars, nor more than fifty dollars, one-half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the town where the offense is committed.

SECT. 72. Whenever the owner of any land in this state, in which there may be any salt-water creek or inlet, shall desire to dam, gate, or lock, the said creek or inlet, for an oyster pond, for the growing of oysters, he may make application therefor to the selectmen of the town where such creek or inlet may be; and the selectmen, such ap

1842. Owners of creeks, &c., may erect

dams for oyster ponds.

Next preceding section revocable.

Penalty for inju

ry to oyster ponds.

1848. 1865. Taking oysters in the waters of this

plication being made, shall visit and examine the creek or inlet, and if, in their opinion, the damming such creek or inlet will not injure navigation, or deprive the public of any rights or privileges which they enjoy, they shall mark off, or set bounds, where a dam may be built, and report their opinion to any annual or special town meeting of the town, wherein such creek or inlet is situated; and if the town meeting shall approve of the opinion of said selectmen, then the owner of said creek or inlet, may construct a dam, gate, or lock, across said creek or inlet, and use said creek or inlet as an oyster pond, for the growing of oysters.

SECT. 73. Nothing in the next preceding section contained, shall be so construed as to grant individual rights, which may not be amended or repealed by the general assembly.

SECT. 74. If any person shall do any injury to the dams, or gates, of any oyster pond, or shall carry away oysters therefrom, in the day time, he shall forfeit, for each offense, not exceeding seven dollars, to him who shall sue for the same, or be confined in the county jail, or work-house, not exceeding thirty days; and if any person shall do any such injury in the night season, he shall forfeit twenty-five dollars, to him who shall sue therefor, or be confined in the county jail, or,work-house, not exceeding three months.

SECT. 75. No person, who is not at the time an actual inhabitant or resident of this state, and who has not been, for six months next state, prohibited. preceding, an actual inhabitant or resident of the state, shall take, rake, or gather, any oysters, either for himself or for his employer, in any of the rivers, bays, or waters, of this state, on board of any canoe, flat, scow, skiff, boat, or vessel, and no person, who is an actual inhabitant and resident of this state, shall, in like manner, take, rake, gather, or otherwise disturb and injure, any oysters planted by any person in the navigable waters of this state, in grounds designated by a committee, appointed by any town for that purpose, when such grounds shall have been staked out in conformity with such designation, and a description thereof shall have been lodged with the town clerk of the town in which the grounds so designated may lie, on penalty of twenty dollars, one-half to the treasury of the town where the offense is committed, and the other half to him who shall prosecute to effect.

Vessels and boats used in the un

SECT. 76. All sheriffs and constables, shall seize, and any other lawful taking of person may seize, any vessel, canoe, flat, scow, skiff, boat, or vessel, oysters, may be so used by any such person, in taking, raking, or gathering oysters, seized and sold. contrary to the provisions of the next preceding section; and every

who

sheriff, constable, or other person, who shall seize such scow, flat, canoe, skiff, boat, or vessel, shall forthwith give notice thereof to two justices of the peace residing in the town where such seizure is made, and such justices shall forthwith make an order for the detention of the same, and give notice to the person, or persons, were in possession of such scow, flat, canoe, skiff, boat, or vessel, or to the owner, or owners, if known, of such time and place as they shall appoint for the trial; and said justices shall, at the time appointed, proceed to hear and determine whether such canoe, scow, skiff, flat, boat, or other vessel, was used contrary to the provisions of the next preceding section; and all such canoes, scows, flats, skiffs, boats, or other vessels, so found to be used, shall be forfeited, and may be condemned and sold by order of said justices, in such manner, upon such notice, and by such person, as they shall direct, and the avails thereof, after deducting all costs and charges, shall, by order

of said justices, be paid, one-half to him who made the seizure, and the other half to the treasury of the town where the offense was committed.

ing the officer or person making

SECT. 77. If any person, on board of any such canoe, flat, scow, Penalty for resistskiff, boat, or other vessel, shall refuse to permit, and not suffer, such officer, or other person, to enter the same, or shall resist any such seizure. officer, or other person, making such seizure, either before or after he has entered the same, such person shall forfeit the sum of thirty dollars, one-half to him who shall prosecute to effect, and the other half to the treasury of the town where the offense is committed. SECT. 78. Justices of the peace shall have jurisdiction of the Justices to have offense, created in the seventy-fifth and seventy-seventh sections of jurisdiction.

this act.

1862.

ops regulated.

SECT. 79. Every person, who shall take, destroy, or carry away, Taking of escalany escalops, from any of the waters of this state, between the first day of May, and the first day of October, in each year, shall pay the sum of seven dollars, one-half to him who shall sue therefor, and prosecute his suit to effect, and the other half to the treasury of the town where the offense is committed.

TITLE XXIV.

AN ACT CONCERNING THE SALE OF FOREIGN GOODS.

CHAPTER I.

OF SALES BY AUCTION.

Be it enacted by the Senate and House of Representatives, in General Assembly convened:

SECTION 1. That there shall be paid, for the use of this state, Duty of two per upon all sales by auction, of goods, wares, or merchandise, of foreign cent, on sales. growth, production, or manufacture, two per cent. of the moneys accruing from such sales, to be paid by the auctioneer, or person making such sales, out of said money, to the clerk of the civil authority of the town in which such sales are made; but nothing in this act contained shall extend to any sale, by auction, of seal skins, or

Auctioneers to be licensed.

whale, spermaceti, elephant, or fish oil, or fish or whalebone, taken and imported by citizens of this state; or to any sale of goods, wares, and merchandise, made by virtue of any rule, order, decree, or judg ment, of any court; or made by virtue of any law respecting the collection of any tax or duty, either of this state or of the United States; or to any sale, by auction, of property belonging either to this state or to the United States; or made in consequence of any bankruptcy or insolvency, under any law concerning bankruptcies or insolvencies; or made by, or on behalf of, any executor or administrator.

SECT. 2. No person shall exercise the business of an auctioneer, by selling any goods, wares, or merchandise, of foreign growth, production, or manufacture, at any sale at which the highest bidder is deemed to be the purchaser, unless such person shall have a license therefor, from the civil authority of the town in which he intends to exercise said business, signed by the clerk of said board of civil auPenalty for sell thority, on penalty of forfeiting to the treasury of this state, for every such sale, the sum of fifty dollars, together with the duties payable

ing without

license.

Civil authority to grant licenses,

and take bonds.

Auctioneer to render account quarterly.

License to be valid for one

year.

by this act upon the goods, wares, or merchandise, so sold without license; but nothing herein contained shall be construed to require a license for the sale at auction of any goods, chattels, or other things, which by this act are not made liable to duty.

SECT. 3. The civil authority of the several towns may grant a license to exercise the business of an auctioneer of goods, wares, or merchandise, of foreign growth, production, or manufacture, within their respective towns, to any inhabitant of this state who shall apply for the same; but the person so applying shall first give bond, with surety, in the sum of three hundred dollars, to the acceptance of the civil authority in the town in which he resides, payable to the treasurer of the state, conditioned that the person, applying for such license, shall duly pay the duties, imposed by this act, to the clerk of said board of civil authority, on or before the first Monday of October, January, April, and July, in each year, and shall, in all other respects, comply with the requirements of this act; and said clerk shall be entitled to receive the sum of fifty cents, for every such license signed by him, to be paid by the person who applies for such license.

SECT. 4. Every person, licensed as aforesaid, shall render, on oath, to the clerk of the civil authority by whom his license was granted, on the first Mondays of October, January, April, and July, in each year, a true and particular account, in writing, of all moneys for which any goods, wares, or merchandise, liable to duty by this act, have been sold by him at auction, and of the several articles, lots, and parcels, which have been sold, the price of each article, lot, or parcel, and by whom purchased, during the three months next preceding.

SECT. 5. No license, granted by virtue of the preceding sections of this act, shall be of any validity for any longer term than one year from the date thereof.