1000 OYSTERS, AND ALL ABOUT THEM. 



to take an oyster from an authorised bed as a fowl from a 

 poultry yard. 



All oysters removed from a granted area remain, not- 

 withstanding removal, the property of the grantee of the 

 bed. The only title to such must be derived either from 

 the owner of the bed himself or through sale in market 

 overt ; the person selling in the latter is scarcely likely to 

 be a thief, and, if he is, it has long been a general principle 

 of English law that the publicity he has courted gives him 

 a title, not as a reward for his audacity, but simply as a 

 matter of legislative convenience and to avoid endless 

 disputes. 



In regard to the removal of oysters from an authorised 

 bed, a novel principle of evidence is introduced into our 

 legal system. It lies midway between the onus probandi 

 (that the oysters were honestly obtained) resting upon the 

 prisoner, and the proof (that they were fraudently removed 

 from the prosecutor's possession) resting on the prosecutor. 

 It is expressly enacted that, if two beds belonging to dif- 

 ferent owners are contiguous, it is sufficient to show that 

 any oysters stolen must have been removed from one or 

 other of the adjoining beds, if not actually from that 

 belonging to the prosecutor. 



The direct protection of spawning beds is also pro- 

 vided for. All fishing implements, except a line and hook, 

 or a net adapted solely for catching floating fish, and so 

 used as not to injure any oyster or spawning-bed, are pro- 

 hibited in the defined district. Ballast, except such as is 

 lawfully authorised for the improvement of navigation, may 

 not be removed thence. Rubbish may not be deposited, 

 nor may any apparatus prejudicial to the bed be placed 

 there, except such as is absolutely necessary for anchorage. 

 And, lastly, if the bed is disturbed in any way, compensa- 



