SEC. 2. The fees for gauging a single cask shall be twenty-five Fees for; cents; and for gauging any number of casks not exceeding ten, ten cents each; and for any number above ten, seven cents each; the gauger who shall gauge any cask shall fairly mark with branding irons casks, how or marking irons on the head or bulge of each cask, the initials of branded. his name, and the quantity of the gauge or capacity of such cask. SEC. 3. Every person not holding the office of gauger, who shall put upon any cask any gauge or other permanent mark to denote the capacity of such cask, or who shall exercise the office of gauger or business of gauging, shall forfeit one hundred dollars for each offence. SEC. 4. Every person who shall sell any commodity by any gauge or gauge mark, which shall not have been made by a gauger appointed under this chapter, shall forfeit the value of such commodity sold. SEC. 5. The city council of the city of Providence may, whenever they deem it expedient, appoint for said city a gauger, who shall have power to appoint under him such persons deputy gaugers, as said city council may approve; for the official conduct of such deputies he shall be answerable. Said gaugers shall be subject to such regulations as said city council may establish, not repugnant to law. SEC. 6. Nothing in this chapter shall be construed to prevent the sale of any commodity under the lawful gauge or gauge mark of the United States, by the inspector of such commodity. Penalty for falsely exercising office. Penalty for selling by false gauge. Gaugers in how appointed. Sale by U. S. gauge mark, permitted. TITLE XVIII. OF FISHERIES. CHAPTER 132. Of free and common oyster fisheries. CHAPTER 133. Of private and several oyster fisheries. CHAPTER 134. Of certain fisheries. CHAPTER 135. Of the fishery in Pawcatuck River. CHAPTER 136. Of the scollop fisheries. CHAPTER 137. Of the inland fisheries. CHAPTER 138. General provisions for the protection of fisheries. Penalty for taking oysters between 15th May and 15th Sept. Penalty for taking over ten bushels in twenty-four hours. Penalty for taking qua haugs or clams from certain beds at certain times. Penalty for using dredges, &c., for taking oysters. Under-rake Point Judith ponds. SECTION 4. Penalty for using dredges, on 5. Under-rake may be used in Point 6. Penalty for breaking up or injur- 7. Penalty for planting oysters taken 8. Small oysters, shells, &c., to be 9. No oysters to be taken from a 10. Non-residents not allowed to take SECTION 11. New beds or sets of oysters to be protected by buoys until suitable for use. 12. Commissioners to give notice of the mooring and removal of such buoys. 13. No oysters to be taken from such bed or set until the buoy is re moved. 14. Penalty for violating any provision of sections eight, nine, ten, and thirteen. 15. Other penalties on persons convicted a second time. 16. Certain ponds declared free and common oyster fisheries. SECTION 1. Every person who shall take any oysters from the free and common oyster fisheries in any of the waters of this state, or expose any oysters for sale taken therefrom, at any time between the fifteenth day of May and the fifteenth day of September in each year, shall forfeit twenty dollars for each offence. SEC. 2. Every person who shall take more than ten bushels of oysters, including shells, during each twenty-four hours, from any of the free and common oyster fisheries within the waters of this state, shall forfeit twenty dollars for every bushel so taken over and above said ten bushels. SEC. 3. Every person who shall take any quahaugs or clams from long bed, west bed, or from great bed, so called, in Providence River, between the fifteenth day of May and the fifteenth day of September in each year, shall forfeit twenty dollars for each offence. SEC. 4. Every person who shall take any oysters from any free and common oyster fishery within the waters of this state with dredges, or with any other instrument, or by any other method more destructive to oyster-beds, than the usual method of taking them by oyster tongs, or shall, with such dredge or other instrument as aforesaid, rake over any oyster-bed, under any pretence or for any purpose whatever, or shall have such dredges or other instruments as aforesaid on board any boat or vessel employed in taking oysters within the waters of this state, shall forfeit the boat or vessel with its tackle, apparel, and furniture, and all implements thereto belonging, on board of which such dredge or other instrument aforesaid may have been used, or may be or may have been found; and, in addition thereto, every person on board such boat or vessel shall forfeit three hundred dollars. SEC. 5. Nothing in the next preceding section shall be construed may be used in to prevent any citizen of this state from taking oysters in Point Judith ponds, in South Kingstown, by a certain instrument long used in said ponds, known by the name of an under-rake, and described as follows: the handle of said rake being fifteen to twenty feet in length, the head from one to two feet in length, filled with iron teeth from six to ten inches in length, and mostly used through holes cut in the ice. SEC. 6. Every person who shall wilfully break up, damage, or injure any bed of oysters, or any tract of land leased from the state as and for an oyster-bed, by depositing thereon earth, stones, or dredgings or scoopings from the river or docks, or in any other manner, shall be fined five hundred dollars for each offence; one half thereof to the use of the state, and the other half thereof to the use of the complainant. SEC. 7. Every person who shall plant upon any private bed, any oysters taken from the free and common oyster fisheries south of the line drawn from the southerly end of Thomas J. Hill's wharf extending easterly to a monument set up by the commissioners of shell fisheries on the Seekonk shore, shall be fined twenty dollars for each bushel of oysters so planted, one half thereof to the use of the complainant, and the other half to the use of the state: Provided, however, that the planting upon private beds of young oysters found above low water mark, or found adhering to the shells of oysters fit for market or present use, shall not be deemed a violation of this section. SEC. 8. Every person taking oysters from any bed in the free and common oyster fisheries shall, at the time of taking the same, cull out and restore to said bed all small oysters, shells, and other substances valuable to said bed, retaining only such oysters as are fit for market and present use, and the small oysters adhering to the same. SEC. 9. No person shall take oysters from a public oyster ground or bed, except between the hours of sunrise and sunset on any day. SEC. 10. No person not a citizen of this state shall be allowed to fish for oysters or other shell-fish within the waters of this state. SEC. 11. Whenever any new bed or any new set of oysters shall be discovered within the public waters of this state, and brought to the knowledge of the commissioners of shell fisheries, they shall forthwith proceed to examine said new bed or new set, and if, after examination, they shall deem such oysters unsuitable for present use and market, they shall cause a suitable buoy to be moored and continued on said bed or set, until such oysters shall become suitable for present use and market, when they shall cause said buoy to be removed. SEC. 12. Said commissioners shall also cause public notice to be given, in some newspaper published in the city of Providence, of the mooring of said buoy and the removal thereof, together with the purpose for which it is moored and removed, for one week next succeeding said mooring, and for one week next preceding said removal. SEC. 13. During the continuance of said buoy upon said bed or set, no person shall fish for or take any oysters or other shell-fish from said bed or set; and no person shall remove said buoy except by order of said commissioners, or shall injure or deface the same. SEC. 14. Every person violating any of the provisions of the eighth, ninth, tenth, and thirteenth sections of this chapter, shall be fined twenty dollars for each offence, one half thereof to the use of the complainant, and the other half thereof to the use of the state; and every boat or vessel used, or in any way employed in taking oysters, or other shell-fish, contrary to the provisions of either of said sections (except the eighth), shall, together with its tackle, apparel, furniture, and implements on board, be forfeited. second conviction. SEC. 15. Every person convicted a second time of a violation of Penalties, upon any of the provisions of this chapter shall, in addition to the penalties before mentioned, be deprived of the privilege of fishing for oysters in the waters of this state for three years thereafter, under a penalty of thirty days' imprisonment for each offence. SEC. 16. Quicksand Pond in Little Compton, Point Judith ponds Certain ponds in South Kingstown, and the several ponds in the town of Charlestown, shall be deemed and taken to be free and common oyster fisheries. declared free and common oyster fisheries. SECTION CHAPTER 133. OF PRIVATE AND SEVERAL OYSTER FISHERIES. SECTION Commissioners of shell fisheries; election and term of office of. Commissioners may lease certain lands or private oyster grounds; terms and conditions of lease. 1. Commissioner of shell fisheries and 2. Commissioners may lease certain 4. Not to let land within certain 5. Notice of application for lease, how 6. Powers of commissioners, and pro- 8. Appeal, when to be claimed ; 9. Proceedings in appellate court. 11. Land leased to be platted, enclosed 12. Expenses of application for such 13. Penalty for injuring any stake, buoy, or bound enclosing a private fishery. 14. Oysters growing in a private oyster-bed, the property of the lessee. 15. Duties of commissioners respect- 16. Legal proceedings to collect rents. 19. Penalty for taking and carrying ter ground. 20. Penalty for injuring, &c., oysterbeds, by depositing earth, &c., thereon. 21. Other penalties in case of a second conviction. 22. Penalty for taking more than two bushels of oysters from Trustan Pond in one day. 23. Commissioners special constables, and authorized to arrest violators of provisions of this chapter, and seize boats, &c. 24. Clams and quahaugs may be dug on the shores, by citizens of the state. SECTION 1. A commissioner and two assistant commissioners of shell fisheries shall be elected by the general assembly, in grand committee, at a session thereof adjourned from the annual May session, who shall hold their offices respectively for the term of five years. SEC. 2. The commissioners of shell fisheries may lease, in the name of the state, by public auction or otherwise, under their hands and seals, to any suitable person being an inhabitant of this state, any piece of land within the state, covered by tide water at low tide, and not within any harbor line, to be used as a private and several oyster fishery, for the planting and cultivation of oysters thereon, upon such terms and conditions as they may deem proper, but not for a 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 leased, and not leasing more than one acre in one lot or parcel to one person or firm; and neither of such commissioners shall at any time be interested in any lease of ground for planting oysters, or in the cultivation or product thereof. SEC. 3. The commissioners of shell fisheries may, at the request May modify, of the lessee, for cause shown, cancel or modify any lease, or they &c., leases. may remit or abate the rent reserved therein, if it shall be made to appear, to the satisfaction of the commissioners, that it would be equitable so to do. limits. SEC. 4. The oyster commissioners shall not let any land north of Not to let land a line extending across Providence River from the south side of within certain Hill's wharf to a freestone monument at Lyon's Point in East Providence, or let any of the ponds in Little Compton, South Kingstown, Tiverton, Charlestown, or New Shoreham, or let Long bed, Rock Island bed, Muscle Island bed, or Long Neck flats in Providence River. SEC. 5. Whenever any suitable person, being an inhabitant of and domiciled within this state, shall make application to the commissioners for the lease of any piece of such land, as a private or several oyster ground, for the planting of oysters, such commissioners shall, before granting or entering upon the consideration of such application, cause public notice to be given of the time and place for the hearing and consideration of the same; which notice shall contain a description of the land so applied for, and shall be published at the expense of the applicant, for at least two weeks previous to said hearing, in some public newspaper printed in the city of Providence; and, at such hearing, any person may appear and show cause why such application should not be granted. SEC. 6. Said commissioners may adjourn such hearing from time to time, and shall have power to issue process to compel the attendance of witnesses for either party, and shall give notice to all parties who have appeared before them upon any application, of the time and place when their decision will be given, and such decision shall be final, unless an appeal is claimed and prosecuted as hereinafter provided. SEC. 7. Any person aggrieved at the decision of the commissioners upon any application for a private or several oyster ground or oyster fishery, may appeal from such decision to the next term of the court of common pleas to be holden within and for the county nearest to which said land so applied for lies. Notice of application for lease, how to be given. Powers of com- Appeal to court of common pleas al lowed. Appeal, when SEC. 8. Such appeal shall be claimed within twenty-four hours of the time such decision shall have been made, and within five days to be claimed; thereafter be entered in the clerk's office of the court appealed to, to- thereon. proceedings gether with the reasons thereof, and a copy of the proceedings before the commissioners. The appellant shall at the same time file his bond, with sufficient surety, in the sum of fifty dollars, payable to the clerk of the court appealed to, for the use of the state, with condition to prosecute such appeal to final judgment, and to pay such witnesses' fees and the costs of summons incurred by any party opposing such appeal, as the court shall award, in case the decision of the commissioners shall not be reversed. SEC. 9. Such case shall be heard and tried in the same manner as Proceedings in other cases entered upon the docket of said court; and the judgment appellate court. of the court shall be conclusive upon the question whether said land shall or shall not be leased, and the commissioners shall grant or re fuse a lease accordingly. |