THE OYSTER-INDUSTRY. 145 



cotinty clerk's office, and " to lay off and cause to be marked by stakes sncli sxibdivisions of said cove, not exceeding ten acres each, as in 

 their discretion shall seem best designed to promote the planting aud growth of oysters; provuhcl, the navigation of said cove be in no 

 wise obstructed thereby ; proruhd, that no person shall own more than ten acres, and no company more than thirty acres." 



Sec. 3. And it shall be lawfnl for the said commissioners, after subdividing the said cove, as aforesaid, to lease the same at public 

 vendne to the highest hidders, for not less than one nor more than live years; the bidders sh.-dl in all cases be citizens of the state, and 

 shall pay the sum bid annually daring the term of the lease. Upon the payment or securing the payment of this annual rent, the bidder 

 shall be entitled to the exclusive use of the designated laud for the purpose of planting oysters during the term spccitied in the lease. 



Sec. 4. Makes the penalty for trespassing upon or removing oysters from the leased oyster-lots, without written permission of tho 

 owner, liability to treble damages; for second offense fine not exceeding -SlOO, imiJrisonment for 60 days, or both. 



Skc. 5. Enjoins upon the commissioners the enforcing of penalties and forfeitures against non-resident offenders and the collection 

 of rents due; after paying needful expenses and receiving compensation awarded by the board of chosen freeholders, the residue of money 

 collected shall be applied to the public school fund. 



Sec. 6. The commissioners shall make an annual report, under oath, of their proceedings and money transactions. 



Sec. 7. Excepts all natnral beds from the oi)eration of this law, which took effect April 1, 1857. 



.SUPPLEMENTS. 



Sec. 8. Every boat or vessel lawfully catching, planting, and growing oysters on the flats and grounds of Delaware bay and Maurice 

 river cove, adjoining the counties of Cumberland and Cape May, shall be assessed annually .$5 upon all boats and vessels not exceeding 

 five tons, and .SI per ton, custom-house measurement, upon all boats and vessels exceeding ten tons. This assessment to be paid by tho 

 master of the vessel to the collector of the oyster-fund, between March 1 and May 1 of each year. 



Skc. 9. Appoints 6. Coinpton special officer, to enforce the law, at a salary of .JIJOO per year. 



Sec. 10. Provides that the said special officer shall occupy an office at Port Norris, where complaints of the violation of the oyster- 

 laws may be made. This officer m.ay " arrest any person or persons found stealing oysters in Maiirice river cove or Delaware bay, or from 

 the banks in Maurice river, or in any of the rivers or creeks of Cumberl.and county; and any person or pensons convicted of such offense 

 shall, for every bushel of oysters found in his or their possession, pay the sum of $1 50, and shall also, for every such offense, forfeit and 

 pay the sum of |100. It shiill be the duty of all citizens, when called upon, to aid the special officer in making seizures or arrests, and 

 any citizen, or captain, or couniiander of sail- or steam-vessel who refuses said aid shall pay |50 flue. 



Sec. 11. Appoints a collector of the oyster-fuud of Maurice river cove, who shall assess and collect all dues from vessels ; shall issue 

 certified licenses, holding force for one year, to all captains of boats aud vessels who shall pay the taxes heretofore required, permitting 

 them to engage in catching or planting oysters; shall refuse licenses to all boats or ve-ssels not complying with the conditions of this act; 

 shall pay the salary and expenses incurred by the special oflScer ; and shall himself receive for this service 5 per centum of all moneys ho 

 collects. 



Sec. 12. The collector shall keep true records of his transactions, record all licenses, etc., and furnish bonds in |-i,000 for the faithful 

 performance of these duties. 



Sec. 13. Every captain, upon taking out the beforementioned license, shall take oath that he will at all times diligently aid in the 

 enforcement of the laws of New Jersey for the preservation of clams and oysters, and will promptly report to the special officer any 

 knowledge of any vioLation of said laws: and any captain refusing to take out said license and m.ake said oath, shall forfeit his right to 

 catch or plant oysters in Delaware bay or Maurice river cove, aud if found doing so shall incur the penalties of a trespasser as heretofore 

 prescribed. 



Sec. 14. The proceeds of all property seized and sold shall be paid to the collector for the benefit of the oyster-fund. (As a rule, 

 one-half of all fines are similarly appropriated. ) 



Sec. 15. All persons growing oysters in Maurice river cove are authorized to meet annually on the first Tuesday of March, at Port 

 Norris, and. having organized iuto a meeting, they may elect by ballot a special officer and a collector, to serve for one year ensuing, at a 

 salary which miiy then be fixed ; and shall elect an auditing committee of five members, whose duty it shall be to examine and audit the 

 accounts and vouchers of tho collector of the oyster-fund, .and report upon them at each annual meeting. This meeting is also authorized, 

 by the consent of two-thirds of those present and entitled to vote, to raise a tax of $1 per ton per annum npon all boats of over five tons 

 measurement, in addition to the tax heretofore imposed by this act ; said additional tax to be imposed for one year only at a time, and not 

 to be continued except by consent of two-thirds of the voters at a subsequent meeting. 



Sec. 16. Whenever, at the end of a fiscal year, the oyster-fund, after expenses are paid, shall exceed 1-2,000, the collector .shall pay 

 the same to the state treasurer, to be api^lied to the 8up))ort of the schools of the state. 



Sec. 17. Forbids catching oysters "in Maurice river cove, or on any planting-ground in Delaware bay", between sunset aud sunrise, 

 under penalty of .$50. 



Sec. 18. Enacts that every boat or vessel lawfully catching or planting oysters in Delaware b.ay, to which a license is given (as 

 heretofore), "shall wear in the middle of the mainsail, * * ' a number painted in black, 18 inches long, and to be designated by the 

 license". 



Sec. 19. Superseded by act of 1880. 



Sec. 20. Makes it lawful for any ])erson who has been a resident of the state for six months to make a written application to the clerk 

 of the court of common pleas of the county in this state, where the applicant resides, for a certificate setting forth that the applicant is a 

 resident (as above), is not engaged in planting oysters or clams, but desires to rake shellfish within the i\aters of this state from the natural 

 beds in Delaware bay, and designating the boat which he intends to make use of. 



Sec. 21. The clerk aforesaid having satisfied himself of tho truth of the applicant's statements, shall thereupon issue to him a 

 certificate stating the facts .as above. 



Sec. 22. Upon presentation of this certificate to the oyster-fuud collector of Cumberland county, it shall be the duty of th.at officer 

 to issue to the applicant, without charge, except for fees, a license to gather clams, oysters, and shellfish upon the natural beds in Maurice 

 river cove and Delaware bay, on board the boat named in the license. 



Sec. 23. Stipulates small fees. 



Sec. 24. Nothing herein shall affect the force of section 1 of the act of 1846. 



The otstermen's association : Special licenses.— TTnder thi.s law an a.ssociation of oystermen wa.s formed 



and is .still in existence. Each year the board of twelve director.*;, of whom Mr. Daniel Howell i.s president, fixes 



the rate of taxation npon the ve.s.sels.iu the association, which i.s deemed needfid to cover the exi)eu.ses of the 

 1(1 o ' 



