376 LAWS EELATING TO 



Sect. 96. Nothing contained in the three preceding sections shall 

 be construed to deprive native Indians of the privilege of digging 

 shell-fish for their own consumption, or to prevent a fisherman, who 

 is an inhabitant of this state, from taking any quantity of shell-fish 

 which he may want for bait, not exceeding at any one time se\'en 

 bushels, including the shells. 



Sect. 97. The mayor and aldermen of a city or selectmen of a 

 town may, by writing under their hands, grant a license for a term 

 not exceeding twenty' years to an}' inhabitant thereof, to plant, grow, 

 and dig oysters at all times of the 3'ear, upon and in any flats and 

 creeks therein, at any place where there is no natural oyster-bed ; not, 

 however, impairing the private rights of an}' person, nor materially 

 obstructing the navigable waters of any creek or bay. i884, 284. 



Sect. 98. Such license shall describe by metes and bounds the 

 flats and creeks so appropriated, and shall be recorded by the city or 

 town clerk before it shall have any force ; and the person licensed 

 shall pa}^ to the maj^or and aldermen or selectmen, for their use, two 

 dollars, and to the clerk fift}' cents. i884, 284. 



Sect. 99. The person so licensed, his heirs and assigns, shall for 

 the purposes aforesaid haA'e the exclusive use of the flats and creeks 

 described in the license, during the time therein specified ; and may 

 in an action of tort recover treble damages of any person who, with- 

 out his or their consent, digs or takes 03'sters from such flats or creeks 

 during the continuance of the license ; and whoever digs or takes oys- 

 ters therefrom without such consent shall also forfeit twenty dollars for 

 each offence. 1884, 284. 



Sect. 100. No person shall dig, take, or carry awa}' any oysters 

 between sunset and sunrise, by any method whatever, from stny flats 

 or creeks for which a license has been granted under the provisions 

 of section ninety-seven. A person holding such license, who violates 

 the provisions of this section, shall, in addition to the penalties here- 

 inafter provided, forfeit his license, and shall also forfeit to the town 

 or cit}^ granting the same the oysters remaining on the premises 

 licensed. i884, 284. 



Sect. 101. Any person who violates an}- of the provisions of the 

 preceding section, or who digs or takes an}^ oysters from anj'^ flats or 

 creeks described in an}- license granted under the provisions of 

 section ninety-seven, during the continuance of such license, without 

 the consent of the person so licensed, shall be punished by fine of 

 not more than one hundred dollars, or imprisonment in the house of 

 correction for not less than thirty days nor more than six months, or 

 by both such fine and imprisonment. One-half of the fine shall be 

 paid to the complainant, and the other half to the county within ;which 

 the offence was committed. 1884, 284. 



