112 



MUSSEL CULTURE 



To disturb or injure in any manner, except as last 



aforesaid, any oyster or mussel bed, or oysters or 



mussels, or the oyster or mussel fishery : 



And if any person does any act in contravention of this 



section he shall be liable to the following penalty, namely, 



to a penalty not exceeding two pounds for the first offence, 



and not exceeding five pounds for the second offence, and 



not exceeding ten pounds for the third and every subsequent 



offence ; and every such person shall also be liable to make 



full compensation to the grantees and owner respectively 



for all damage sustained by them or him by reason of his 



unlawful act, and in default of payment the same may be 



recovered from him by the grantees and owner respectively 



by proceedings in any court of competent jurisdiction (but 



not in a summary manner), whether he has been prosecuted 



for or convicted of an offence against this section or not. 



Limits of 54- Provided always, that nothing in the last foregoing 



fishery to be section shall make it unlawful for any person to do any of 



out. the things therein mentioned, — 



{a) In the case of a fishery granted by an Order under 

 this part of this Act, if at the time of his doing 

 the same the limits of the several fishery or of 

 the space within the same described in that behalf 

 in the Order are not sufficiently marked out in 

 manner prescribed by or under the Order, or if 

 notice of those limits has not been given to him 

 in manner so prescribed : 

 {b) In the case of a private oyster bed owned by any 

 person independently of this Act, if it is not 

 sufficiently marked out and known as such. 

 55. When two or more oyster or mussel beds or fisheries 

 belonging to different proprietors are contiguous to each 

 other, and any proceeding by indictment or otherwise is 

 taken against any person for stealing oysters or mussels 

 from any bed formed under an Order made in pursuance of 

 this part of this Act, or for stealing oysters from any bed 

 formed independently of this Act, it shall be sufficient, in 

 alleging and proving the property and lawful possession of 



Contiguous 

 fisheries. 



