114

OYSTERS. [ART. 71.

Ibid. s. 26.
Taking oysters
on Sunday or
at night.

25. It shall be unlawful for any person or persons
licensed under any of the provisions of this article, to
take or catch oysters on Sunday ; or at night, that is
to say, between sunset and sunrise, and any person or
persons so offending, shall, upon conviction thereof, be
fined a sum not less than fifty nor more than two hun-
dred dollars, in the discretion of the justice or judge
trying the same.

Ibid. s. 27.
All moneys to
be paid into
treasury.

26. All moneys arising from the sale of licenses or
from fines, penalties and forfeitures, imposed under
this article, shall, upon warrant of the comptroller, be
paid into the treasury and placed to the credit of the
oyster fund, and the comptroller is hereby required to

Duty of comp-
troller.

state in his annual report, particularly, the receipts
and expenditures, on account of said fund, and the
balance standing to the credit of the state at the time
of making such report.

Ibid. s. 28.
Owners of
shore to have
privilege, &c.

27. The owner or owners of any land bordering on
any of the navigable waters of this state, the lines of
which extend into and are covered by said waters,
shall have the exclusive privilege of using the same
for protecting, sowing, bedding or depositing oysters
or other shell fish, within the lines of their own land,
and any owner or owners of land, lying and bordering
upon any of the waters of this state, shall have power
to locate' and appropriate in any of the waters adjoin-
ing his, her or their land, five acres for the purpose of
protecting, preserving, depositing, bedding or sowing
oysters or other shell fish, and that any other citizen
of the state shall have power to locate and appropriate
five acres in any waters in said state, not located or

Proviso,

appropriated; provided, that ten days notice in writ-
ing shall be given the owner or owners, occupant or
occupants of lands bordering on said water proposed
to be located, that the owner or owners, occupant or

owners to have
priority.

occupants, may have priority of claim, and if they
shall fail to locate or appropriate the water mentioned
in said notice, within ten days after receiving the
same, then it shall be open and free to any one under

Proviso.

the provisions of this section ; provided, also, that the