THE OYSTER-INDUSTRY. 99 



mud-bottom is. They do not occur mucli eastward of Smith's point, nor westward, in general, of a line drawn fiom 

 NicoU's point across to Fire island. Occasionally temporary and inconsequential beds "strilie" in the tideways of 

 inlets farther east, but nothing with regularity or of im])ortance. This south-shore locality has been celebrated from 

 time immemorial, and as early as 1079 had become an object of an extensive industry, as is witnessed by the following 

 local ordinance, which I find stated in Watson's Annals of New Yorlc, (p. 284) : 



Oysters: To prevent the destruction of oysters in Soutli bay, by tlio nulimited number of vessels employed in the same, it ia ordered 

 that but ten vessels shall be allowed, and that each half-barrel tub shall be paid for at the rate of 2d., according to the town act of 

 Brookhaveu. 



This right of the town of Brookhaven to dictate regulations in this matter exists to the present day, and arises 

 from an ancient colonial grant to the town by patent from the king of England. Eecoguizing this grant, there was 

 made an agreement in 17G7 between William Smith, who was at that time the holder and representative of the rights 

 and interests of the fishing in Great South bay, whereby the town, in exchange for the right to control the bay, 

 contracted to give to him and his heirs forever one half of all net income accruing to the town from the use of the 

 bottom of the bay. This, of course, applied almost exclusively to oyster-culture, and the agreement has been kept, 

 the revenue of the town from that source, in 1880, aiuounting to $1,032 95, half of which went to the heirs of old 

 William Smith. 



Oyster-latvs of Gkeat South bay. — The present laws regulating oyster-matters at the eastern end of the 

 bay are as follows : 



Section 10. The owners and lessees of land bounded upon that part of Shinnecock bay lying west of a line drawn duo south from Pino 

 Neck point, in the town of South Hampton, in the county of Suffolk [Long Island], may plant oysters or clams in the waters of said bay, 

 opiiosite their respective lands, extending from low-water mark into said bay not exceeding four rods in width. 



No planting upon any "beds of natural growth", however, is authorized, or will be protected; nor can any person 

 hold oyster-ground unless it is planted and occupied " in good faith ". The locality of such planted beds must be 

 designated by stakes and a monument on shore. To plant oysters or clams on such designated ground, without 

 permission of the owner, subjects the offender to a forfeit of $12 for each offense, under stated processes of law. 

 Heavj' penalties also are inflicted upon persons who remove or deface boundary stakes. [This law, or legal perunt, 

 is practically a dead letter, since it has been found useless through the too great freshness of the water, and for 

 other reasons, to plant in Shinnecock bay.] 



Sections 100 and 101 of the Revised Statutes of 1875, Title XI, forbid dredging in the Great South bay. Long 

 Island, or having in possession instruments for that purpose. 



Sections 102 and 103 enjoin that "no person shall take any oysters, clams, mussels, or shells, or any substance 

 growing on the bottom, from any iiublic or private bed, or in any of the waters of the said South bay, except between 

 sunrise and sunset on any day". 



Section 104 forbids "catching any oysters, spawn, or seed-oysters" in Great South bay between June 15 and 

 September 15. 



The penalties for violation of the above-given regulations are a fine not to exceed $250, imprisonment up to six 

 months, and an additional forfeiture of $200 for each offense ; half the jienalty goes to the informer, the remainder 

 to the poor-fund. 



Eegulation of oyster-culture in Suffolk county. — In 1879 a law was passed regulating the 

 formation of corporations for oyster-culture in Suflblk county, Long Island. Whether this law has ever been 

 taken advantage of I am unable to say. It is as follows : 



Section L Five or more persons who have leased or hold oyster-lots iu Suffolk county may organize a company for the promotion of 

 oyster-culture upon those lots, and shall become a corporate body, after tiling prescribed statements, in writing, with the county clerk. 



Sec. 2. There shall be not less than three nor more than nine trustees, holding office one year. By-laws shall be made to regulate the 

 business of the corporation. Every lot owner shall have one vote, and a majority of votes shall control all questions. 



Sec. 3. The trustees shall have the superiutendenco of the several oyster-lots held by the members, and shall regulate the methods of 

 conducting the business l)y by-laws, which shall be publicly entered on a book, and which may be changed at annual meetings by a majority 

 vote of the members of the'company. The trustees may emjiloy persons, and make monthly assessments upon the members, for money to 

 meet the expenses of the company ; and any member failing to pay such an assessment within 30 days maj' be sued by the corporation. 



Sec. 4. If any member violates a by-law of the company, he forfeits |25, which may be recovered in an action against him by the 

 corporation. 



Sec. 5. Whenever, under the laws of this state, an action shall accrue to any member of said company for trespass, or for penalty by 

 reason of any act or thing done or committed by anj' person, to or in or about the oysters, upon the lot leaseil, occupied, or held by such 

 member, and said member shall assent thereto iu writing, said action may be brought in the corporate name of said company, and all 

 recoveries in said actions shall be the property of the company. 



Sec. 6. The oysters upon the several lots of the several members of said company shall be and remain the separate property of the 

 said several members, except that any and all shall be liable to levy and sale, under execution, for all judgments recovered against the 

 company. 



Keoulations of oyster-cultuee by town-laws of Brookhaven. — It will be known, of course, that 

 Brookhaven does not consider any of these state laws as applying to her, since she regards the bottom of so much 

 of the Great South bay as lies within her boundaries, as being wholly under her own control, and not amenable to 

 state jurisdiction. The trustees of the town, therefore, make all the regulations thought necessary, which are not 

 many iu number. 



