THE OYSTER-INDUSTRY. 47 



of free fishing in every shape. The relations of the fishermen to the owners of the shores were defined with great 

 minuteness, and were calculated to make all the fish of the sea, and all the molluscous denizens of the muddy 

 tide-flats, as available as possible to every citizen. Tliereafter they were jealously preserved for public benefit. 

 In lS34-'35, for instance, the first session of the assembly at East Greenwich was distinguished by an act for the 

 preservation of oysters, which the thoughtless inhabitants were burning in large quantities for lime; and, iu 

 October, 17C6, an "act for the preservation of oysters" was passed, forbidding them to be taken by drags, or 

 otherwise than by tongs, under a penalty of ten pounds. Parents and masters were held liable for the violation 

 of this law by their children or servants, and the owners of boats engaged in evading it were subject to a double 

 fine. When (and it was not many years ago) the state constitution was adopted, no clause was so scrupulously 

 worded against possible evasion, as that which declared that in respect to the rights of fishing and of taking clams, 

 etc., everything should remain precisely as decreed in the old charter. 



The oyster-law, therefore, is based upon the principle, that between high-water mark and the public highway of 

 the ship-channel, the land and water are controlled by the state as public property, to be administered for the 

 greatest good to the greatest number. Ehode Islanders are extremely tenacious of these shore- and water-rights, 

 and there has been no little quarreling over some actions of the legislators and decisions of the courts with respect 

 to this subject; but, upon the whole, there has been little alteration of the original law. I condense it below, 

 including all of the emendations up to 1880 : 



Abstract of' the oyster-laws as ajiended up to 1880: 



GENERAL STATUTES. Chapter 1Z2.— Of the free and common fislieries. 



Section 1. Prohibits taking oysters from the "free and common fisheries ", or exposing for sale between May 15 and September 15; 

 and north of Field's point, Providence river, between May 1 and November 1. 



Sec. 2. Prohibits one person taking more than 10 bushels of oysters a day; penalty, |20. 



Sec. 3. Refers to quahaugs and clams. 



Sec. 4. Forbids dredges "or any other method more destmctive to oyster-beds than the usual method of taking them by oyster- 

 tougs"; penalty, forfeiture of boat and all apparatus, and a tine of $300 upon every person engaged. 



Sec. 5. Exempts " under-rakes " from the force of section 4. 



Sec. 6. Fines any person willfully breaking up, dumping upon, or otherwise damaging any free oyster-bed ; $500 for each offense. 



Sec. 7. Prohibits planting on any private bed oysters taken south of a liue from Hill's wharf to the commissioner's monument on the 

 Seekonk shore (penalty, $20 for every bushel); "provided, however, that the planting upon private beds of young oysters found above 

 low- water mark, or found adhering to the shells of oysters fit for market or present use, shall not be deemed a violation of this section." 



Sec. 8. Enjoins culling, and the restoring to the bed of the shells and all small oysters unfit for market. 



Sec 9. Forbids raking at night. 



Sec. 10. "No person not a citizen of this state shall be allowed to fish for oysters or other shellfish within the waters of this state." 



Sec 11. Gives the shellfish-commissioners the right to "buoy off", i. e., seclude any bed from being raked, when they think it is 

 becoming exhausted, until it has again become sufficiently productive. They may also "buoy" any new beds discovered. 



Sec 12. Enjoins proper publication of the placing and removal of buoys. 



Sec 13. Prohibits the raking of "buoyed" beds or tamjiering with the buoys. 



Sec 14. The penalties for violation of sections 8, 9, 10, and 13 are : fine of $-iO for each offense, and forfeiture of boat and all apparatus. 



Sec 15. Persons convicted of a second offense against the oyster-laws forfeit their right to fish for three years thereafter. 



Sec. 16. Establishes Quicksand pond, in Little Comptou, Point Judith ponds, and all the Charlestown ponds, except Powaget, aa 

 free-fisheiies. 



Sec 17. Enforces the regulation concerning close season (see section 1). 



Sec 18. Repeals all previous laws inconsistent with these amendments. 



Chapter 133. — Of private and several fisheries. 



Section 1. Provides for the election of three state commissioners of shellfisheries, by the legislature, who shall hold office for five 

 years. [Previous to 1864 there had been one and sometimes two commissioners, serving without pay.] 



Sec. 2. These commissioners may lease, by public auction or otherwise, to any inhabitant of the state, any land "covered by tide- 

 water at low tide and not within any harbor line, to be used as a private and several oyster-fishery for the planting and cultivation of 

 oysters thereon", upon such terms and conditions as they may deem proper, but not for more than ten nor less than five years, at $10 a 

 year rent for every acre leased, " and not leasing more than one acre in one lot or parcel to one person or firm ". 



[Strict adherence to this last clause is avoided by common consent, most of the leasing being done, when there is no opposition, in 

 lots of seyeral acres. The commissioners evade the technical obstacle by writing, "This land is leased in parcels of one acre each, but 

 inchided in one lease for convenience".] 



Sec 3. Gives the commissioners power to modify and cancel leases or to remit rent. 



Sec 4. Forbids the letting of "any land north of a line extending across Providence river from the south side of Hill's wharf, to a 

 freestone monument at Lyon's point in East Providence, or letting any of the ponds in Little Compton, South Kingston, Tiverton, Charlestown, 

 New Shoreham, or Westerly, or letting Long bed. Rock island bed, Muscle island bed, or Long Neck flats, in Providence river." 



Sec 5. Enjoins publication of applications for leases. 



Sec. 6. Gives the commissioners power to compel the attendance of witnesses, etc. 



Sec 7. Persons aggrieved may appeal from the commissioners to the court of common pleas. 



Secs. 8, 9, 10. Define appeal-proceedings, proceedings and judgment in appellate court, and proper execution of leases. 



Sec. 11. Requires the commissioners, before granting a lease, to have the land surveyed and platted ; to cause proper bounds to be set 

 up on the shore in order to define the limits of the leased area; to see that such Laiul is inclosed with stakes or buoys not more than two 

 rods apart (v.-hen not interfering with navigation); and to have the plats of all the leases bound in a book. 



Sec. 12. The expenses incurred under section 11 must be borne by the lessee, and the commissioners shall receive from the applicant 

 their necessary expenses in supervising, and $1 50 a day for actual service. 



