﻿128 
  

  

  from 
  taking 
  or 
  ("atching 
  his 
  or 
  lier 
  own 
  i)lanted 
  

   oysters 
  at 
  any 
  time 
  and 
  with 
  any 
  kind 
  of 
  in- 
  

   strument, 
  and 
  any 
  person 
  viohiting 
  any 
  of 
  the 
  

   provisions 
  of 
  this 
  section 
  shall 
  be 
  gnilty 
  of 
  a 
  

   misdemeanor, 
  and 
  upon 
  indictment 
  and 
  convic- 
  

   tion 
  therefor, 
  shall 
  be 
  fined 
  not 
  less 
  than 
  ten 
  

   nor 
  more 
  than 
  fifty 
  dollars 
  for 
  each 
  offence, 
  

   with 
  costs. 
  

  

  Plant 
  and 
  lay 
  

   down 
  oysters. 
  

  

  Marked 
  by 
  

   stakes, 
  &c. 
  

  

  Fine 
  for 
  vio- 
  

   lation. 
  

  

  Sec. 
  4 
  And 
  be 
  it 
  enacted. 
  That 
  it 
  shall 
  be 
  

   lawful 
  for 
  any 
  citizen 
  of 
  Worcester 
  county 
  to 
  

   stake 
  off, 
  not 
  exceeding 
  five 
  acres 
  in 
  any 
  one 
  

   place 
  in 
  the 
  waters 
  of 
  Synepitxent 
  bay 
  and 
  its 
  

   tributaries, 
  except 
  upon 
  the 
  natural 
  rocks 
  of 
  

   said 
  l)ay 
  and 
  its 
  tributaries, 
  and 
  to 
  plant 
  and 
  

   lay 
  down 
  oysters 
  in 
  said 
  waters 
  so 
  staked 
  off 
  ; 
  

   and 
  that 
  no 
  person 
  except 
  the 
  ower 
  of 
  said 
  

   planted 
  or 
  laid 
  down 
  oysters, 
  or 
  his 
  employee, 
  

   shall 
  work 
  upon 
  or 
  among 
  said 
  oystei-s, 
  or 
  in 
  

   the 
  waters 
  so 
  staked 
  off 
  ; 
  provided 
  that, 
  that 
  

   portion 
  of 
  the 
  said 
  waters 
  in 
  which 
  oysters 
  are, 
  

   or 
  are 
  intended 
  to 
  be 
  planted 
  or 
  laid 
  down 
  not 
  

   exceeding 
  five 
  acres 
  in 
  any 
  one 
  place, 
  be 
  kept 
  

   plainly 
  marked 
  by 
  means 
  of 
  bushes, 
  stakes 
  or 
  

   buoys 
  : 
  and 
  any 
  pers(m 
  wilfully 
  or 
  maliciously 
  

   removing 
  said 
  bushes, 
  stakes 
  or 
  buoys, 
  shall 
  be 
  

   liable 
  to 
  all 
  the 
  penalties 
  of 
  this 
  section 
  : 
  and 
  

   provided 
  further, 
  that 
  nothing 
  in 
  this 
  section 
  

   shall 
  affect 
  the 
  rights 
  of 
  ow^ners 
  of 
  land 
  to 
  the 
  

   exclusive 
  use 
  of 
  any 
  creek, 
  cove 
  or 
  inlet 
  Avithin 
  

   their 
  said 
  lands, 
  not 
  exceeding 
  one 
  hundred 
  

   yards 
  in 
  width 
  at 
  its 
  mouth; 
  and 
  any 
  person 
  

   violating 
  the 
  provisions 
  of 
  this 
  section, 
  or 
  any 
  

   of 
  them, 
  shall 
  be 
  liable 
  to 
  be 
  sued 
  as 
  for 
  dama- 
  

   ges 
  to 
  any 
  other 
  property, 
  and 
  also 
  to 
  indict- 
  

   ment 
  T)y 
  the 
  grand 
  jury 
  of 
  said 
  county, 
  and 
  

   upon 
  conviction 
  for 
  any 
  such 
  violation 
  shall 
  be 
  

   fined 
  not 
  less 
  than 
  \en 
  dollars 
  nor 
  more 
  than 
  

   one 
  hundred 
  dollars, 
  with 
  costs, 
  or 
  imprisoned 
  

   not 
  less 
  than 
  one 
  month 
  nor 
  more 
  than 
  six 
  

   months 
  in 
  the 
  county 
  jail, 
  or 
  both, 
  at 
  the 
  discre- 
  

   tion 
  of 
  the 
  court, 
  for 
  each 
  offence 
  ; 
  and 
  in 
  any 
  

   prosecution 
  for 
  violating 
  any 
  of 
  the 
  provis- 
  

   ions 
  of 
  this 
  section 
  it 
  shall 
  not 
  be 
  necessary 
  in 
  

   order 
  to 
  convict, 
  to 
  prove 
  that 
  the 
  offender 
  was 
  

  

  