68 THE FISHERIES OF THE UNITED STATES. 



Sec. 20. Prohibits taking "shells or shellfish" hetweeu sunset and sunrise, from any navigable waters of the state (except clams in 

 Branfonl harbor from April to October), under fine of |50 to .flOO, or imprisonment, or both. 



Sec. 21. Prohibits the taking of shellfish, or the nse of spears for taking fish, within any area designated for oyster-planting, 

 within two miles of the shores of Branford or East Haven; penalty, fine of from |7 to §100, or imprisonment. 



Sec. 22. Prohibits the use of dredges in New Haven harbor west of a line from Farm river to Scotch cap, and north of a line from 

 Scotch cap to Southwest ledge, and then westerly to Hines' place in Orange ; prohibits taking shellfish in Mon-is creek, except on or 

 adjacent to one's own land ; and prohibits dredging hi/ steam anywhere away from upon one's own ground, more than two days in the week, 

 under heavy penalties, which may be imposed by a justice of the peace, subject to an appeal to the superior court. Dredging on one's 

 own ground is allowed, however, in East Haven waters to the owners of grouud southerly of a line drawn from The Chimneys, through 

 Quixe's ledge and Adam's fall, until it intersects a line drawn from the old light-house to Savin rock. 



Sec. 23. All sherift's and constables shall, and any other persou may, seize any boat or vessel illegally used in dredging, with its 

 tackle, apparel, and furniture, wherever found, within one year thereafter; and, if condemned, the boat, etc., shall be sold after the 

 prescribed form. 



Sec. 24. When there shall bo found in any waters of this state, on board any boat or vessel, illegally used under the provisions of 

 this chapter, any dredge or shells ami shellfish, it shall he prima fade evidence that said boat or vessel was used contrary to the provisions 

 of said chapter. 



Sec. 25. No person shall gather shells or shellfish in any waters of this state for himself or his employer, unless he and his employer 

 are at that time, and have been for six mouths previous, actual inhabitants of the state. 



Sec. 26. Refers to lobsters. 



Laws op 1875. — Since the revision of the statutes in 1875, the following additional laws have been enacted : 



March 16, 1878. — When oysters have been planted on any ground legally designated, and doubt arises as to the jurisdiction of 

 neighboring towns over it, prosecutions against the owner may be made in either of the three towns nearest. 



MARCir 27, 1878. — No committee or selectmen of any town shall designate, and no persou shall mark, stake out, or inclose for the 

 cultivation of oysters, clams, or mussels, any natural clam-bed. 



March 27, 1878. — No persou shall take or carry away from Branford or Farm rivers any oyster-shells or seed-oysters, for the purpose 

 of planting them on private beds ; or more than two bushels of oysters in a single day ; or shall nse tongs for taking oysters there between 

 May 1 and October 1 ; under penalty of forfeiting |14 before a justice of the peace in Branford or East Haven, with a right of appeal to 

 the superior court. 



Navigation laws. — There are two clauses in the state's navigation laws (chap, viii) which concern oysters, 

 as follows : 



Sec. 19. Every person who shall deposit any substance except oyster-shells in the harbors of New Haven, Bridgeport, and Stamford, 

 shall be fined from $50 to $500, or imprisoned, or both. 



Sec. 20. Gives the city court or a justice of the peace jurisdiction in such cases. 



Remedying weak titles. — By a series of -amendments and resolutions the legislature has " healed" many 

 weak titles to oyster-ground, by enacting that designations of ground for planting and cultivating oysters, clams, 

 or mussels shall be valid and confirmed, including : 



I. All granted informally under the provisions of chap. 3, sec. viii, although the owners may have lost their evidences of title after 

 having filed the same with the town clerk (July 17, 1875). 



II. All in which the applicant may be a married women or a minor (March 16, 1878). 



HI. All in which the ajiplication was made for the purpose of transferring the privileges ; and all such transfers are confirmed (March 

 27, 1878). 



IV. All designations for "planting", where "cultivation" is not mentioned. 



v. AH designations of ground described as containing not over two acres to each applicant, exclusive of muddy or rocky bottom, 

 although the total quantity of grouud embraced in the designation may be more than two acres to each applicant (March 27, 1878). 



VI. All designations previous to March, 1879, by the town of East Haven, between its westerly boundary and a lino drawn due south 

 from the center of the mouth of East Haven river. 



Establishment of a state commission for locating oyster-grounds. — Finally, some months subsequent 

 to the compilation of the previous legal information, the legislature of 1881 passed an act, which is given herewith 

 in full, which reconstructs the methods hitherto in vogue, and reads as follows: 



AX ACT establialiing a state commission for tho designation of oyster-grounds. 



General Assembly, Januakt session, A. D. 1881. 



Be it enacUd hy the Senate and Home of Representatives, in General AssemUy convened: 



Section 1. The state shall exercise exclusive jurisdiction and control over all shellfisherics which are located in that area of the 

 state which is within that part of Long Island sound and its tributaries, bounded westerly and southerly by the state of New York, 

 easterly by the state of Rhode Island, and northerly by a line following the coasts of the state at high water, which shall cross all its 

 bays, rivers, creeks, and inlets at such places nearest Long Island sound as are within and between points on opposite shores, from one of 

 which objects and what is done can be discerned by the naked eye upon the other. And all shellfisherics not within said area shall be and 

 remain within the jurisdiction and control of the towns in which they are located, under the same laws and regulations and through the 

 same selectmen and oyster-committees as heretofore, except that such selectmen and committees shall hereafter only act as the agents of 

 their respective towns. If a difference shall arise between any town and the commissioners as hereinafter provided for, as to the boundary 

 Hue between said town and the area so to bo mapped, said town, by its selectmen, nuiy bring its petition to the superior court for the 

 county within which said town is situated, to determine said lioundary line, and said c(mrt, upon reasonable notice to the ]>arties, shall 

 hear said petition an<l appoint a counnittee to ascertain the facts in such case and report the same to said court, and said court shall 

 thereupon make such ordfr as mdy be pi'Opef in the premises. 



