356 STATE OF NEW YORK. 



plant oysters, by having complied with the provisions of this act, shall not actually occupy the 

 land so staked out by him by planting oysters thereon within six months after the granting of 

 the certificate hereinafter mentioned, he shall forfeit all rights and privileges to the use of the same. 

 § 3. Before any person shall occupy any lands under the public waters aforesaid, for the pur- 

 pose of planting oysters under the provisions of this act, he shall prove to the satisfaction of 

 the board of auditors of town accounts of said town, or a majority of them, that the land 

 selected is not a legally planted bed of oysters, or, if planted, is not so planted by any person 

 other than the applicant, and shall also prove to the satisfaction of said board of auditors that 

 he is, and has been for one year preceding an inhabitant of the town. All the aforesaid 

 proof shall be taken in writing and signed and sworn to. Such board of auditors, or a 

 majority of them, shall thereupon give such person a certificate, under their hands, certifying 

 that they are satisfied from such proof that the applicant is, and has been for one year preced- 

 ing, an inhabitant of the town, and that the land selected does not contain a legally planted bed 

 of oysters, or is not so planted by any person other than such applicant. Such certificate and 

 deposition aforesaid shall thereupon be filed in the town clerk's office, and the certificate shall 

 be evidence of the facts therein contained. (As amended by chapter 183 of the Laws of r887.) 



§ 4. Any person being an inhabitant of the town as aforesaid, may, upon complying with the 

 provisions of this act, and obtaining such certificate yearly, plant oysters upon the beds so 

 designated and marked, and shall pay for the use of said land to the supervisor of the town 

 the annual rent of five dollars for each acre so occupied or staked off, and a fee of one dollar 

 to said board for each such certificate granted. The sum so received per acre in each year 

 shall be appropriated toward the payment of the current annual expenses of said town, and 

 it shall not be lawful for any person other than the one who planted the oysters, and his legal 

 representatives, to take said oysters or disturb said beds, either by pystering or clamming 

 thereon, or in any other way, under the penalty hereinafter provided. (As amended by chapter 

 183 of Laws of 1887.) 



§ 6. Any person prosecuted for a penalty under the provisions of 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 recovery shall be had for any violation of the provisions of this act, execution shall 

 be issued thereon immediately in the same manner and with the like effect, as is provided in 

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

 Revised Statutes, third edition ; and all the provisions of said section shall apply to executions 

 issued pursuant to the provisions of this act. 



§ 7. If any person, after having planted oysters in pursuance to the provisions of this act, 

 shall have abandoned or ceased to use the land whereon the same are planted for the period 

 of six months, he shall forfeit all right and privilege to the .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 six months from 

 such removal, which period shall be allowed him for the purpose of removing the oysters 

 planted by him and remaining in the said beds at the time of his removal. (As amended by 

 chapter 183 of Laws of 1887.) 



