I06 REPORT OF THE COMMISSIONERS OF 



tary that he did not receive all the money shown to be due on this account, for the 

 reason that a large number of franchises that are recorded coukl not be delivered, 

 as the purchasers, having decided that the lands were not suitable for shellfish 

 cultivation, refused to accept and pay for the deeds. 



A number c)f the deeds referred to were found among the papers received from 

 the office of the shellfish Commissioner in New York. Obviously, the deeds so found 

 were not delivered to their owners; and yet no evidence is presented to show that 

 they were not paid for. On the contrary, letters received from the purchasers of 

 many of these franchises, in response to circular letters of inquiry sent out by your 

 Commission, show that they own, or did own, the franchises in question, and have 

 paid for the same. 



The Fines and Penalties Account. 



This account was in a very confused state. The books received from the New 

 York office contained only meagre and inaccurate statements in relation to it. Very 

 much of the data pertaining to the account was obtained from memoranda scattered 

 through the files of your department, such as protectors' reports, cancelled checks, 

 bills for services, receipts for moieties and other disbursements, and by correspondence 

 with Game Protectors, attorneys anti others. 



The moneys belonging to this account are the proceeds of fines and penalties 

 recovered from persons who have been convicted of violating the State laws for the 

 protection and preservation of fish, game and forests. The account is debited with 

 the amount recovered in each case, less the cost of prosecution. One-half of this net 

 amount is paid to the Game Protector and Forester or other person furnishing the 

 information on which the conviction is obtained. The account is credited with these 

 payments, which are called moieties. The remaining money belonging to this account 

 can be used only to pay the expense incurred in prosecutions for violations of the law 

 for the protection of fish and game. No disbursements of moneys belonging to this 

 account can legally be made except on the certificate of the Chief Protector, who 

 alone is authorized to auiiit bills belonging to this account. 



The examination shows that in the disbursing of moneys belonging to this account 

 the requirements of the statute were not always observed. Numerous cases were 

 found in which the amount recovered was paid over to the late Secretary of your 

 Commission ; the moieties and costs, if paid at all, were paid by him without the 

 certificate or the knowledge of the Chief Protector ; and in many cases neither the 

 amount received, nor the amount disbursed, was entered in the account. Fifty-one 

 cases of this kind are found, showing receipts amounting to two thousand six hundred 

 and nine dollars and sixty-eight cents ($2,609.68). 



