35° STATE OF NEW YORK. 



§ 4. Any person other than the one who planted the oysters, or his legal representatives, 

 who shall take any oysters from a bed thus marked out and occupied, as above provided, or 

 who shall oyster on the said beds, or in any way disturb the same, shall be liable to a penalty of 

 fifty dollars for each offense, to be recovered by the owner of the oysters, or his legal represen- 

 tative, in any action brought before any justice of the peace of either of said towns, and shall 

 also be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not over 

 one hundred dollars, or imprisonment in the county jail for not more than sixty days, or by 

 both such fine and imprisonment. 



§ 5. Any person prosecuted for a penalty under this act, may be arrested and held to bail 

 in the same manner as upon warrants issued by justices of the peace ; and whenever a hear- 

 ing shall be had for any violation of the provisions of this act, execution shall be issued 

 thereon immediately, in the same manner and with like effect as is provided in section one 

 hundred and forty-three, article nine, title four, chapter two, third part of the Revised 

 Statutes ; and all the provisions of said section shall apply to execution issued pursuant to the 

 provisions of this act. 



§ 6. Any person entitled to plant oysters by having complied with the provisions of this 

 act, and any such person who shall have abandoned or ceased to use any such land for the 

 purpose intended by this act, for the period of one year, shall forfeit all rights and privileges 

 to use of the same under this act, and any such person who shall remove from the town and 

 cease to be an inhabitant thereof, shall forfeit all rights and privileges acquired by him 

 under this act, after two years of such removal, which period shall be allowed him for the pur- 

 pose of removing the oysters planted by him, and remaining on said beds at the time of his 

 removal. (See Laws 1859, chap. 468.) 



CHAPTER 343 OF THE LAWS OF 1865. 



AN ACT for the protection of the planting of oysters in the county of Queens, New York. 

 Passed April S, 1865. 



Section 1. It shall be lawful for any person, being an inhabitant of the county of Queens, 

 in this state, and having been such for the period of six months, to plant oysters in any of the 

 public waters within said county, except Hempstead harbor, Jamaica and Hempstead bays and 

 Oyster bay harbor ; and upon complying with the provisions of this act hereinafter contained, 

 he shall be entitled to and have the exclusive ownership and property in all oysters upon the 

 beds where the same were planted, and the exclusive right to use the said beds for the purpose 

 aforesaid. 



§ 2. Any person being such inhabitant of such county may use a portion of the land 

 under the public waters within such county, except in those named in section first of this act, 

 not to exceed three acres in a bed, and on which there is no natural or planted bed of oysters, 

 for the purpose of planting oysters thereon ; but to entitle such person or persons to the 



