FISHERIES, GAME AND FOREST LAW. 309 



the south side of Staten Island, lving between a line extending due south from the point known 

 as the point of the beach at Great Kills, and a line extending due south west from Wards Point, 

 in the town of Westfield. 'Whoever shall violate or attempt to violate the provisions of this 

 section shall be guilty of misdemeanor and in addition thereto shall be liable to a penalty of one 

 hundred dollars for each violation thereof. 



Taking Oysters In South Bay Regulated. 



5 195. Ovsters. spawn, seed oysters or shells shall not be dug up, caught or removed from 

 any of the waters of South bay, in the county of Suffolk, between the thirty-first day of May and 

 the first day of September, nor between sunset and sunrise at any time. Any oyster shells caught 

 or taken from the public waters of said bay, in said county, shall be returned to the water in the 

 locality where taken within ten minutes after being so taken. No blade or scraper tongs shall 

 be used or possessed on the waters of said bay, in said county for the purpose of catching such' 

 shellfish, and possession of a blade or scraper tongs on said waters is a violation of this provision. 

 This section is subject to the provisions of section one hundred and seventy-three. Whoever 

 shall violate or attempt to violate the provisions of this section shall be guilty of a misdemeanor 

 and in addition thereto shall be liable to a penalty of one hundred dollars for each violation 

 thereof. 



Leases For Cultivation of Shellfish. 



j 197. The commissioners may make leases of lands under water for the purposes of shell- 

 fish cultivation ; beds of oysters of natural growth shall not be leased unless the same" have for 

 five vears ceased to produce natural oysters in sufficient quantities to enable persons engaged in 

 the planting and cultivation of oysters to earn a livelihood by working on such lands. Such 

 leases shall not be made unless notice thereof has been posted for not less than three weeks in a 

 conspicuous place in the office of the commissioners, and in the office of the clerk of the town 

 nearest to the lands applied for and also in the post office nearest such lands. The letting shall 

 be at public auction to the highest bidder and shall not be made for a less sum than twenty-five 

 cents per acre per annum, nor for a longer period than fifteen years. The moneys received for 

 such leases shall be paid forthwith into the treasury of the state. The lessee shall immediately 

 cause the grounds so leased to him to be plainly marked out by stakes, buoys, or monuments, 

 which shall be maintained by the lessee, his successor or assigns during the continuance of the 

 lease. Any controversy respecting the boundaries of lands so leased shall be determined by the 

 commissioners on application of any party thereto. The commissioners may remove summarily 

 from such lands any tenants who neglect to pay rent, 

 imd. by chap. 653 of Laws of 1896.) 



Limitation of Preceding Section. 



5 198. The preceding section does not limit the power of the commissioners of the land 

 office that any grant of land under water made by such commissioners where such land is 



