TliE OYSTER INDUSTRY. 67 



29. LAWS OF COIilNECTIGUT RELATING TO OYSTERS. 



Laws relating to the fisheries foe shellfish. — Having thus briefly reviewed the circumstances and 

 growth of the oyster-biisiuess of New Haven and its vicinities ; tonelied upon the decline of the Virginia tnuU^. 

 and the begiiiuing of organized cultivation of the native stock ; noted the drawbacks and opposition with which 

 this had to contend, and the extraordinary jealousy which shows itself among the river-men and producers, it is 

 a proper time in which to introduce a careful digest of the state-laws pertaining to tbe oyster-business, an 

 examination of wliich will reveal the many reasons why specific acts for the protection of this interest were deemed 

 needful from time to time. 



The oyster-statutes of Connecticut, in force in 1880, were as follows: 



Chapter IV. Fisheuies. — Part I. Fisheries in tide-water and rivers. — Art. I. Fisheries for shellfish. 



Section 1. Describes the particular territory witbiu wliicli the selectmen of East H.aven may "designate" or grant ground for the 

 planting and cnUivation of oysters ; describes within what other waters the oyster-committee of the same town may designate ; and gives 

 to the selectmen of Orange all the powers of an oyster-committee. 



Sec. 2. Provides that any other town except East Haven and Orange may appoint a committee of not more than five electors, which 

 shall designate to applicants suitable places in the navigable waters of the town for planting or cultivating oysters, clams, or nnissels. 



Sec. 3. Any person desiring to plant or cultivate oysters, clams, or mussels may apply in writing for a suitable place, and such 

 committee or selectmen may make such designation, not exceeding two acres in extent, after the applicant has proved that the ground has 

 not previously been set ott' for this purpose ; that the ground is within town limits ; and that fees dne to the town for this designation 

 have been deposited. Town clerks may grant the required certificates, and town treasurers receipt for payments of fees. Violations of 

 this act by members of town conunittees .are pnnish.able. H.aving received his designation, the aiijilicant must ni.arlc the bonndarios of 

 his ground by buoys or stakes, set at suitable distances, and labeled with the name or initials of the owner ; and until then he shall not be 

 permitted to catch oysters upon the grountl. Designations may be made to several in common. 



Sec. 4. Every person who shall plant or cultivate oysters, clams, or mussels in any such place shall own them, and also all other 

 oysters, clams, or mussels in such place, and have the exclusive right of taking up and disposing of them, and of using such place for the 

 purpose of planting or cultivating oys^e^s, clams, or mussels therein, which shall be transferrable by written assignment, but nothing 

 herein contained shall affect the rights of any owner of lands in which there may be s.alt-water creeks or inlets, or which may be opposite 

 or contiguous to such navigable waters ; nor the existing by-laws of any city, town, or borough ; nor authorize any committee or selectmen 

 to designate, or any person to mark, stake out, or inclose any natural oyster-bed (except in New Haven harbor and its tributaries, and for 

 a distance not exceeding two miles from the mouth of said harbor), or infringe the free navigation of said waters, or interfere with the 

 drawing of seines in any place established and customarily used for seine-fishing. 



Sec. 5. Any person procuring oyster-ground "for the purpose of assigning rights which he may acquire for profit or speculation", shall 

 be fined $50. 



Sec. 6. Amended and replaced by subsequent legislation, adds to the powers of the New Haven committee the power to designate 

 ground for oyster-planting and cultivation in the waters of Long Island sound, which lie between East Haven and a line parallel to its 

 boundary and 500 yards to the westward ; and the selectmen of Orange may design.ate between this tract and a line due south from Savin 

 rock, even though such ground " may have been natural oyster-beds". And the committee's previous designations in this territory are 

 hereby confirmed. 



Sec. 7. Enjoins that all designations of oyster-ground, when made, shall be exactly recorded in the office of the town clerk, together 

 •with all descriptions and assignments; "and all attested copies of such applications, designations, and assignments, with a certificate 

 that they have been recorded, shall be conclusive evidence of the fact of such record, and prima facie evidence of the validity of such 

 application, designation, and assigunieut." 



Sec 8. Any owner who has lost the evidences of title to oyster-ground, after having filed them with the town clerk, may apjily to the 

 town committee, and if he satisfies them of his claim, he may receive from them a new title ; but there are heavy penalties for fraud under 

 this provision. In case of boundaries being lost, or when the committee authorized to stake out oyster-grounds have described the 

 boundaries incorrectly, the superior court, as a court of equity, may, upon petition, order such uncertaiu boundaries to I)C re-established, 

 according to prescribed methods, except in cases where a niaj) of the ground has been filed with the town clerk, in which ease uncertain 

 bounds are to be established by a surveyor .appointed by .a judge of the superior court. 



Sec 9. When there are more than thirty designations in any one town the selectmen shall procure a map of the district. 



Sec 10. An owner desiring to dam or lock an inlet or salt-water creek for the purpose of cultivating oysters therein, the selectmen 

 shall visit the spot and report upon the ])ropriety of the request at a meeting of the town ; if the meeting approves, the owner may build 

 a dam, etc., as indicated by the selectmen, and maintain it during the pleasure of the general assembly. 



Sec 11. When any natural oyster-bed is set apart, contrary to law, the superior court in the same county has power to revoke 

 the designation, if it deems it best ; but must give the owner time to remove any oysters and improvements on the property. 



Secs. 12 and 13. Conferred jirivileges ujion Guilford which that town declined to ratify. 



Sec 14. No person, except the authorized committee or selectmen, shall stake out or inclose any oyster-grounds in navigable 

 ■waters, unless such person shall own this ground under the provisions of this chapter; penalty, fine not to exceed $50. 



Sec 1.5. Any member of a committee who shall desiguiite ground for oyster-cidtiv.atiou upon uatur.al oyster-beds, or in any other 

 place where it is prohibitetl by law, shall forfeit from .$25 to $200, excepting in Orange, New Haven, and East Haven. 



Sec 1R. Any other person than the owner, who shall vmlawfully remove any shells or shellfish from a place designated for oyster- 

 planting, shall be fined not exceeding .$300, or imprisoned not more than one year; but if the ofiense be committed at night, heavier 

 penalties are decreed. 



Sec 17. Forbids taking any oysters or oyster-shells from the Thames river between March 1 and Novemlier I. 



Sec 18. Every person who shall willfully injure .any inclosure legally designated for oy.ster-planting, remove any buoys or stakes, 

 injure any oysters, remove any shells from such inclosure, or willfully deposit mud there, shall be subject to heavy penalties, after trial 

 before a justice of the peace, with right of appeal to the superior court. 



Sec 19. Provides penalties for injury to dams or locks of any oysler-iiond. 



