346 STATE OF NEW YORK. 



§ 2. For the purpose of ascertaining and determining what portion or portions of said bay 

 may be taken for the purpose of planting oysters as aforesaid, a board of commissioners, consisting 

 of two from the town of Islip and one from the town of Babylon, whose official title shall be 

 " Oyster Commissioners," shall be appointed each by the board of town auditors, or a majority 

 of them, of his or their said town respectively. The first appointment to be made within twenty 

 days after the passage of this act, and, when so appointed, they shall hold office until the next 

 annual town meeting ; and their successors in office shall annually be appointed in same manner, 

 on the Tuesday immediately preceding every annual town meeting. Such appointment shall be 

 certified in duplicate, in writing, that by Babylon, by said auditors of Babylon, or a majority of 

 them; that by Islip, by said auditors of Islip, or a majority of them; and a copy of said certi- 

 ficate shall be filed with the town clerk of each of said towns, and it shall be the duty of said 

 town clerks respectively, forthwith to notify each person so appointed in his town of such 

 appointment. (Laws 1878, ch. 142.) 



§ 3. Every person appointed to the office of oyster commissioner, before he enters upon the 

 duties of his office, and within ten days after he shall be notified of his appointment, shall 

 take and subscribe the oath of office prescribed by the constitution and shall execute, in the 

 presence of the supervisor or town clerk of his town, a bond to the supervisor of his town, in 

 the penalty of not less than two hundred dollars, with one or more sufficient sureties to be approved 

 of by such supervisor or town clerk, conditioned for the faithful performance of his duties as such 

 commissioner, which bond shall be filed in the office of such town clerk. (Laws 1878, ch. 142.) 



§ 4. If any person appointed as such commissioner shall not take and subscribe such oath 

 and file such bond as herein provided, such neglect shall be deemed a refusal to serve. 



§ 5. If any person appointed to the office of oyster commissioner shall refuse to serve, or 

 shall die or resign or remove out of town, for which he shall have been appointed, or become 

 incapable of serving, before the Tuesday next preceding the next annual town meeting after he 

 shall have been appointed, the said board of town auditors, of his said town, shall within ten 

 days after the happening of such vacancy supply the same, as hereinbefore provided. (Laws 

 1878, ch. 142.) 



§ 6. It shall be the duty of said commissioners, or a majority of them, on application of 

 any such inhabitants as aforesaid, and upon notice to all of said commissioners, to attend and 

 examine the lot applied for and ascertain and determine whether the taking of clams can or 

 can not be profitably followed as a business thereon, and if they shall determine that it can not, 

 then and not otherwise they shall locate the lot for him, which shall be clearly marked and defined 

 by means of buoys, stakes or otherwise, as said commissioners, or a majority of them shall 

 direct, and in such manner as shall not interfere with net fishing, as a notice to the public that 

 it has been selected for the purposes aforesaid. And it shall be the duty of said commissioners 

 to procure or cause to be made, all surveys and maps which they may deem necessary for 

 defining the portions of said bay which may be allotted for the purposes aforesaid, describing 

 thereon the lots which may be located under this act, and to file copies of all such surveys and 

 maps in the office of the town clerk of each of said towns. On all questions which may arise 

 under this act as to the location of the lots or the boundaries thereof or the portions of said 



