FISHERIES, GAME AND FOREST LAW. 355 



§ 12. Upon the return of said warrant, either party may demand, upon paying the fees there- 

 for, a trial by jury, which jury shall be summoned and empaneled in the same manner as juries 

 in courts of justices of the peace ; and the attendance of witnesses for either party, and the 

 giving of testimony as a witness in behalf of either the complainant or claimant of the property 

 seized, may be compelled in the same manner as in courts of justices of the peace, and the trial 

 of the issues shall be conducted in the same manner as in courts of justices of the peace, and 

 the officer issuing such warrant and executing the same shall be entitled to the same fees as are 

 now prescribed for the like service in proceedings by attachments in courts of justices of the 

 peace. 



§ 13. The proceedings by attachment provided for in the five last preceding sections of this 

 act, shall be a bar to any action or prosecution for the penalties prescribed and imposed in the 

 third, fourth and sixth sections of this act. 



§ 1 5. The act entitled '"An act for the better protection of oysters in Richmond county," 

 passed May fourth, eighteen hundred and sixty-four, and all acts and parts of acts inconsistent 

 with the provisions of this act or any part thereof, are hereby repealed. 



§ 16. This act shall take effect immediately. 



(See Laws 1880, chap. 453; sees. 1, 2, 3, 4, 6, 7 and 14 repealed Laws 1886, chap. 593.) 



CHAPTER 639 OF THE LAWS OF 1871. 



AX ACT to regulate and protect the planting of oysters in the public waters of the towns of 

 Jamaica and Hempstead, in the county of Queens. 



Passed April 20, 1S71. 



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

 and Hempstead, in the county of Queens, and having been such for a period of one year, to 

 plant oysters, as provided in section second of this act, in any of the public waters within the 

 said towns, and upon complying with the provisions of this act, he shall be entitled to have 

 exclusive property and ownership in all oysters upon the beds where the same were planted, and 

 the exclusive right to use the said beds for the purpose aforesaid ; and no person other than such 

 inhabitant of the towns of Jamaica and Hempstead shall have the right or privilege of using 

 any portion of the lands under the said public waters for the purpose of planting oysters 

 thereon. 



§ 2. Any person, being such inhabitant of the towns of Jamaica and Hempstead, may use a 

 portion of the land under the aforesaid public waters, not to exceed three acres, on which there 

 is no planted bed of oysters, for the purpose of planting oysters thereon ; but to entitle such 

 person to the privileges and benefits of this act the portion so settled by him shall be clearly 

 marked and defined, by means of stakes or otherwise, as a notice to the public that it is selected 

 and is occupied for the purpose aforesaid ; and shall not be so planted or held with less than 

 fifty bushels to the acre, or at the same rate for less than one acre. If the person entitled to 



