FISHERIES, GAME AND FOREST LAW. 359 



colonial patents, is hereby ceded to the present trustees of the town of Huntington, Suffolk 

 county, and their successors in office for the purpose of oyster cultivation. Provided nothing in 

 this act shall be held to interfere with the rights and powers of the commissioners of the land 

 office to grant all the right, title and interest of the state to lands under water in said bay, to the 

 owners of adjacent uplands for purpose of commerce or beneficial enjoyment, and nothing herein 

 contained shall be construed as interfering with rights of riparian owners. Subject, however, 

 and without prejudice to the legal rights, if any, of such persons as now have oysters planted on 

 the lands aforesaid. 



CHAPTER 167 OF THE LAWS OF 185'/. 



AN ACT authorizing the inhabitants of the town of Islip, in the county of Suffolk, to regulate 

 the planting and taking of oysters and the time and manner of using the fisheries in the Great 

 South bay. within the limits of the said town. 



Section 1. It shall be lawful for the inhabitants of the town of Islip in the county of Suffolk, 

 at their annual town meetings to make such prudential rules and regulations for the planting and 

 taking of oysters and the time and manner of using the fisheries, in the Great South bay within 

 the limits of said town, as may from time to time be deemed expedient to encourage the increase 

 and prevent the destruction of the fisheries of the said town. 



§ 2. Xo person other than a resident of Islip shall take any oysters, clams or other shellfish 

 from any part of the Great South bay, in said town, for the purpose of selling the same or for the 

 purpose of conveying the same to any place out of said town to have them replanted, under a 

 penalty of fifty dollars for each offense ; but nothing in this section shall be construed so as to 

 affect or invalidate any agreement now in force or which may hereafter be made between the 

 towns of Huntington and Islip, for the enjoyment of equal privileges of fishing by the inhabit- 

 ants of said towns. 



§ 3. The penalty imposed by section two of this act, may be sued for and recovered before 

 any justice of the peace of said town or in any court having cognizance of the same, in the 

 name of the overseers of the poor of said town, for the use of the poor. 



§ 4. This act shall take effect immediately. 



(See ch. 549 of Laws of 1874.) 



CHAPTER 308 OF THE LAWS OF 1890. 



AN ACT for the preservation and protection of the shellfisheries in the waters of the South 

 bay, in the county of Suffolk, and to repeal chapter two hundred and thirty-four of the 

 Laws of eighteen hundred and seventy. 



Became a law without the approval of the Governor, iu accordance with the provisions of article four, 

 section nine of the Constitution, May 8, 1890. Passed, three-fifths being present. 



Section 1. No person shall catch or take any oysters, spawn or seed oysters, clams or 

 shells in any of the waters of the South bay in said county except between sunrise and sunset 

 on any day. 



