OF MASSACHUSETTS. 169 



Acts of 188S, Chapter 198. 



An Act authorizing the planting of clams, in and around the shores 



OF ESSEX. 



Be it enacted, etc., as follows: 



Section 1. The selectmen of the town of Essex may by writing under 

 their hands grant a license for such a term of years, not exceeding five, 

 as they in their discretion may deem necessary and the public good requires, 

 to any inhabitant of said town, to plant, cultivate and dig clams upon and 

 in any flats and creeks in said town now unproductive thereof, not exceed- 

 ing two acres to any one person, and not impairing the private rights of 

 any person. 



Section 2. Such license shall describe by metes and bounds the flats 

 and creeks so appropriated and shall be recorded by the town clerk before 

 it shall have any force, and the person licensed shall pay to the selectmen 

 for the use of said town two dollars and to the clerk fifty cents. 



Section 3. The person so licensed and his heirs and assigns shall for 

 the purposes aforesaid have the exclusive use of the flats and creeks de- 

 scribed in the license during the term specified therein, and may in an 

 action of tort recover treble damages of any person, who, without his or 

 their consent digs or takes clams from such flats or creeks during the 

 continuance of the license. 



Section 4. Said town of Essex at any legal meeting called for the pur- 

 pose may make such by-laws, not repugnant to the laws of the common- 

 wealth, as they may from time to time deem expedient to protect and 

 preserve the shellfisheries within said town. 



Section 5. Whoever takes any shellfish from within the waters of said 

 town of Essex in violation of the by-laws established by it or of the pro- 

 visions of this act shall for every offence pay a fine of not less than five 

 or more than ten dollars and costs of prosecution, and one dollar for every 

 bushel of shellfish so taken. 



Section 6. This act shall take effect upon its passage. [Approved 

 April 9, 1888. 



In the report of the United States Commissioner of Fish and Fish- 

 eries for 1S94 Mr. Ansley Hall gives the following account of clam 

 culture under this act : — 



During the first two years (1889-90) the people were slow to avail them- 

 selves of the privilege of planting, for fear that after they had spent their 

 time and labor they would not be able to sectu'e protection from trespassers; 

 but in 1S91 and 1892 lots were obtained and planted. In 1892 there were 

 25 acres that were quite productive, about one-third of the entire catch 

 of the section being obtained from them. The catch from these lots is 

 not definitely known, but is estimated at about 2,500 barrels. 



Cultivated clams possess some advantage over the natural growth, from 

 the fact that they are more uniform in size, and are as large as the best 

 natural clam. They bring $1.75 per barrel, while the natural clams sell 

 for $1.50 per barrel. This is the price i*eceived by the diggers. One acre 

 of these clams is considered to be worth $1,000, if well seeded and favorably 



