n 
 
 StaMyiXc /(:c 
 
 OA^i 
 
 yl 
 
 U/wiA 
 
 
 _ U i It 
 
Class 
 
 Enok . K/ 5- A S 
 
• Hi 1 
 
 i-ijiiii: 
 
 Statute Law of New Jersey 
 
 RELATIVE TO 
 
 CLAMS AND OYSTERS 
 
 
 0. 
 Compiled under the Authority of the 
 
 Bureau of Shell Bj^enes of New Jersey, 
 
 June: 1st, 1909 
 
 lii 
 
 TRENTON, N. J. : 
 
 The J. L. Muephy Publishing Co., Printers 
 
 1909. 
 
Statute Law of New Jersey 
 
 RELATIVE 'JO 
 
 CLAMS AND OYSTERS 
 
 Compiled under the Authority of the 
 Bureau of Shell Fisheries of New Jersey, 
 
 June 1st, 1909 
 
 TRENTON, N.^J. : 
 
 The J. L. Murphy Publishing Co., Printers 
 
 1909. 
 
Jftytwiniifay 
 FEB 6 1916 
 
 

 
 t) 
 
 7 
 
 ^ 
 
 Statute Law of New Jersey Relative 
 to Clams and Oysters. 
 
 1. AIST ACT FOR THE PRESE,E,VATIO'K OE 
 CLAMS ANT} OYSTEES. 
 
 Approved April 14, 1846, as amended and supplemented 
 by subsequent acts. 
 
 1. That from and after the first day of May until the Beds not to 
 first day of September, yearly and every year, no person, certain 
 under pretense of taking clams or shell-fish, or under any p^l.^ists, 
 other pretense whatsoeiver, shall rake on any oysteir bed ^' 
 
 in this state, or gather any oysters or shells on any banks 
 or beds within the same; ancLin^c^se an,y person shall so 
 do, whether oysters bei taken or not, he shall for every 
 offense forfeit and pay (fifty) -doll a,ts, to be recovered, 
 with cioists, by action of debt, by any person who shall 
 prosecute; for the same in any court of recoird in thisi state 
 having cognizance of that sum, one moiety thereof to the 
 use of the prosecutor, and the other moiety toi the county 
 collector, for the use of the county in which the offensie 
 was commiitted; provided^ that nothing in thisi section 
 shall be so construed as to prohibit any person or persons 
 from taking oysters fro^m beds- plailted out by him or them 
 pursuant to this law. 
 
 2. That in case any persou residing in or without this penalty for 
 state, shall at any time hereafter rake for or gather aredfes. 
 oysters in any of the rivers, bays, or waters of thisi state, 
 
 with a dredge, or instrument so called, or shall be on 
 board of any canoe', boat or vessel employed in raking 
 with such implement, such person so offending shall for- 
 feit and pay the sum of fifty dollars, to be recovered in 
 the manner and for the use mentioned in the necxt pre^ j^^^ j^ ^j^-ig 
 ceding section ; provided, that this and the sixth section proviso. 
 
 (3) 
 
4 STATUTE LAW OF Is^EW JERSEY 
 
 Justices of 
 the peace to 
 issue war- 
 rant, &c.. 
 
 Penalty for 
 offering oys- 
 ters for sale 
 at certain, 
 seasons. 
 
 Penalty for 
 gathering 
 oysters for 
 lime. 
 
 Vessels not 
 to carry 
 dredge. 
 
 shall not extend, so' far as regards persons residing in 
 this state, to the Delaware bay. 
 
 . 3. That it shall l>e the duty of every justice of the 
 peace, upon his own view or the information of any per- 
 son on oath or affirin,ation, toi issue his warrant to: one. or 
 more of the constables in his county, commanding him 
 or them to require such and sO' many persons aS' he or 
 they deem necessary tO' aid and assist liim or them in ap- 
 prehending every person offending against either of the 
 preceding sections, in any of the bays, riversi, or waters of 
 this state, and forthwith to bring such offender, when ap- 
 prehended, before the said justice, or any other justice 
 of the peace of said county, tO' bei proceeded against in 
 the manner hereinbefore directed. 
 
 4. That if any person, shall hereafter sell, or* offer foi* 
 sale;, oysters, in any pia,rt of this statei, between, the first 
 day of May and the first day of SeptembeT, such person 
 shall, foT every such offense, forfeit and pay five dollars, 
 to be recovered and applied in manner directed in. and 
 by the first section of this act. 
 
 5. That if any peirson shall at any timei hereafter rake 
 or gather oysters in any of the rivers, baysi or wa,t€rs of 
 this st,ate, for the purpose of burning or converting them 
 into lime, or for the purpose of conveying them tO' any of 
 the landings to be used in the manuf acture of iron in any 
 of the! furnaces of this state, ot shall land them on any 
 bank or' landing for either of the purposes aforesaid, every 
 person so offending shall forfeit and p'ay fifty dollars for 
 each and every oft'ensei, to be recovered and applied in 
 manner directed by the first section of this act. 
 
 6. That noi canoe!, scow, boat or vessel, employed in 
 navigating any of the waters, baysi or rivers of this state, 
 shall have on board of the; same any instrimient called a 
 dredge, for catching or raking oysters, or shell-fish ; and 
 the master or owner or owners of every such canoe', scow, 
 boat or vessel, that shall have on board of the same any 
 such instrument, shall forfeit the sum of fifty dollars, to 
 be recovered in the manner and for the use mentioned in 
 the first section of this act. 
 
RELATIVE TO CLAMS AND OYSTERS. 5 
 
 7. It shall not be lawful for any person who is not at p- ^oi ^^^' 
 (he same time an actual inhabitant and resident of this Non-resi- 
 
 , , „ . dents not to 
 
 state, and who has not been for six months next preced-' gather ciams, 
 
 OVStGl'S &C 
 
 ing, an aotual inhabitant or resident as aforesaid, to rake 
 or gather clams, oysters or shell-fish, either on his o\^n.i 
 account and benefit or on aiccount or benefit of hisi em- 
 ployer, in any of the rivers, bays or waters of this state, 
 on board of any canoe, flat, scow, boat or other vessel ; 
 and every person who' shall offend herein shall forfeit 
 and pay twenty dollars, to be recovered and applied in 
 the manner directed by the first section of this act; and 
 the said canoe, flat, scow, boat or other velssel nsed and 
 employed in the coanmission of such offense, with all the 
 clams, oysters, clam rakes, tongs, tackle, furniture and 
 apparel, shall be forfeited, and the same seized, secured 
 and disposed of, in the manner described in the ninth and 
 tenth sections of this act. 
 
 8. That any action under the first, sixth or seventh Actions un- 
 
 y " _ der this act, 
 
 sections of this act may be oonnnenced bv warrant in the ^^"^ com- 
 
 '^ " _ menced 
 
 court for the' trial of small causes and be proceeded in 
 as in otlier cases when tlie same are commenced by war- 
 rant, any law, usage or custom to the contrary notwith- 
 standing. 
 
 9. That if. shall be the duty of all sheriffs and con- Ofleenders, 
 
 '^ now pro- 
 
 stables, and may be lawful for any other person or per- ceeded 
 
 . " -, 1 n 1 . against. 
 
 sons, to seize and secure any such canoe, flat, scow, boat 
 or other vessel as afoTesaid, and imiinediately thereupon 
 give information thereof, to two^ justices of the jD'eaee of 
 the county where such seizure shall have been made., who 
 are hereby empowered and required to meet at such time . 
 and place as they shall appoint for the trial thereof, and 
 hear and determine the same ; and in case the same shall 
 be condemned, it shall be siold by the order and under the 
 direction of the said justices, who, after deducting all 
 legal costs and charges, shall pay one-half of the proceeds 
 of said sale to the collector of the ooimty in which such 
 offense shall have been committed, and the other half to 
 the person who' shall have seized and pTosecuted the same. 
 10. That if any person or persons, on board of any such Penalty for 
 
 , „ resisting 
 
 canoe, flat, scow, boat or other vessel aforesaid, shall re- officers. 
 
6 
 
 STATUTE LAW OF I^EW JERSEY 
 
 Owners of 
 marsh, &c., 
 may plant 
 clams, oys- 
 ters, &c. 
 
 Penalty for 
 breaking 
 down fences, 
 &c. 
 
 Oysters, liow 
 taken in 
 Navesink 
 river. 
 
 fuse and not suffer to emter the same, or resist before or 
 after entering, any of the said officers or other person or 
 persons seizing the same!;, or otherwise resist thean, or any 
 of them in tlie lawful seizing of the same, then every per- 
 son so offending shall forfeit and pay the some of thirty 
 dollars, to be recovered and applied in manner directed 
 by the first section of this act.. 
 
 11. That it shall be lawful for any person or persons 
 owning marsh or meadow in this state, within the bounda- 
 ries of w^hich there shall be CTeeks, ditches or ponds 
 wherein oysters doi or will grow, and where^ such creeks 
 or ditches do not lead to any public landing, tO' lay or 
 plant clams or oysters therein, for the use and benefit 
 of such O'wners, and for the preservation of which to 
 erect a fence, hang or affix gateSi or locks across said creeks 
 or ditches, to prevent any person or persons from entering 
 the same. 
 
 12. That if any person be found with any craft, boat 
 or raft, above or within tliei aforesaid fences, gates or 
 locks', without leave from th.8 owner or occupant of any 
 creek, ditch or pond, fenccid, gated or locked as aforesaid, 
 w^herein clams or oysters may be laid or planted, or shall 
 in any way break or destroy such fence, gate or lock, he., 
 she or they so offending shall severally forfeit and pay, 
 for each and every offense, the sum of fifty dollarsi, to be 
 recovered by action of debt, with, costs, in any court 
 having cognizance thereof, by any person who' shall proser 
 cute for the same, one-half to. the use of the owner or 
 occupant of such creek, ditcli or pond, and the Oither half 
 to the person who shall sue for the s'ame ; provided, that 
 nothing herein contained shall be soi construed or under- 
 stood as tO' obstruct or prevent the free navigation of any 
 thoroughfare, creek or channel leading from, or out of 
 any of the bays or principal waters toi any other bay or 
 principal water, or toi any accustomed landing place: in 
 this state, anything hereinbeforei contained to the con- 
 trary notwithstanding. 
 
 13. That it shall not be lawful for any person or per- 
 sons tO' rake or take with tongs, or otherwise gather or 
 carry away, any oysters, other than by w^ading in and 
 
EELx\TIVE TO CLAMS AND OYSTEKS. Y 
 
 packing up by hand the same, within thei following bounds 
 in the river, coaninonly calleid or known by the name of 
 the North or JSTavesink river, lying within the county of 
 Monmouth, and dividing the township of Shrewsbury 
 from the township of Middletown,, above; a, direct line 
 from the storehouse of Eiseok White, on the Shrewsbui'y 
 side of the river, tO' the dwelling-housei of Thom-asi Layton, 
 on the Middletown side of thei river aforesiaid ; and in 
 case any person or persons- shall be: found o^ff ending 
 against this pTohibition, he, she' or they so offending shall 
 forfeit and piay for every, such' offense the sum of ten 
 dollars, to- be recovered in an action of debt, with costs, 
 before any justice of the- peace in the- county of Mon- 
 mouth, by any pierson, who shall suei for the same, the O'Ue- 
 half to the use of the prosecutor, and the other half tO' 
 be paid to thei county collector, to; and for the use of the 
 county. 
 
 14. That it shall and may be lawful for any person or Owners of 
 persons owning flats or coves along the- shores of the tide- Great and 
 
 1 ^Ai-T 1/-^ T-i Little Egg 
 
 waters m the county o± Atlantic, between the Ureat iLgg Harbor rivers 
 
 Harbor and Little Egg Harbor rivers, inclusive^ of the oysters. 
 
 shores of so much of the said rivers aS; lie within the said 
 
 county of Atlantic, to- miark out by fixing stakes' acroS'S 
 
 or around the same, at the distance of tw^o rods- from each 
 
 other, and of such length as tO' be at least twO' feet above 
 
 the ordinary high water, and plant, or lay clams, oysters 
 
 or other shell-fish within O'r above the same; provided, 
 
 said stakes shall not include any natural O'yster bc'ds 
 
 always covered with water beyond low-water mark ; and 
 
 provided aho, it shall not be lawful to stake O'ut be'yond 
 
 the ordinary low-water mark, nor injure any navigation 
 
 publicly used. 
 
 15. That if any person or persons shall gather or' take Penalty for 
 away any O'ysters or clams, above or within the line of ters without 
 stakes aforesaid, without permission first had or O'b- 
 tained from the owner or O'wners, occupant or occupants, 
 of the flats or coves S'O staked in, he, she or thc'y so offend- 
 ing shall forfeit and pay for each offense the sum of 
 twenty dollars, to be reco'vered and apiplied in manner 
 
 permission. 
 
STATUTE LAW OF NE,W JEESEY 
 
 p. L. 1800, 
 p. 473. 
 Owners of 
 raeaaow 
 lands may 
 plant. 
 
 Proviso 
 
 Proviso. 
 
 Penalty for 
 taking oys- 
 ters within 
 certain limits 
 without per- 
 mission. 
 
 Setting up 
 stakes may 
 he omitted in 
 certain cases. 
 
 direcited bj the twelfth section of this act, and shall more- 
 overr be liable tO' an action at the suiti of the owner or 
 owners, occupant or occupants, for his, her or their 
 damages. 
 
 16. That it shall and may be lawful for the owner or 
 owners, or any person or persons having a license in writ- 
 ing from the owner or owners of meadow or other lands, 
 which are opposite or contiguous tO' flats which are at any 
 time bare, or coves, upion or Avithin which flats or coves 
 there have not been heretofore any natural oyster beds 
 along the shores of the tide^waters of this^ state, to plant 
 and lay clams, oysters or other shell-fish upon, within or 
 above such flats and coveSj, and one chain beyond the 
 same ; provided, the clams and oysters thusi planted shall 
 be inclosed and designated by stakes placed beyond them 
 within the prescribed limits, not less than six rods a,part, 
 and of such length as tO' be at least twoi feet above ordi- 
 nary high water; mid provided also', that this section 
 shall not be sO' construed as to take away or in anywise 
 impair the common right of citizens, to any natural 
 oyster beds which may be embraced by the boundary 
 herein specified. 
 
 17. That any person or persons whoi shall gather or 
 take away any oysters or olamsi upon, abovei or within 
 the limits afore:said, without permission first had and 
 obtained from such owner or oiAvners;, person or persons 
 occupying under such owner or owners as aforesaid, 
 shall be liable to the samei forfeitures and the like suits 
 for damages, to be recovered and sued for in manner as 
 is directed and provided in the fifteenth section of this 
 act; provided, that nothing in this act shall prevent the 
 legislature from the repeal or modification of this and 
 the. last foregoing section, at tlieir pleasures 
 
 18. That in coves and places where notorious and 
 plain ranges or landmarks can, be erected and established 
 on contiguous shores, whereby thei boundaries of planted 
 beds of oysters may be clearly known and distinguished 
 without, danger of mistake, and where in such coves or 
 places such not(^rious or plain ranges or marks on con- 
 
EELATIVE TO CLAMS AND OYSTEKS. 9 
 
 tigrious mea,do'Ws or shoTes shall hayei been eTeotied and 
 establisheid by stakes or other plain monuments, soi that 
 they may be plainly known and distinguished without 
 danger of mistake, and duei notice: thereof being given, 
 that then, and in such cases, the jDrovisions of the two 
 last-foregoing sections in regard tO' the planting and set- 
 ting up of stakes may be^ dispensed with in respect tiO 
 such places as above described. 
 
 19, That the time within which the taking and vend- Time for 
 ing of oysters is pTohibited by the first and fourth sec- tersincer- 
 tions of this act, is hereby extended to- the first day of 
 October, yearly and every year, in the counties of Bur- 
 lington, Monmouth and Atlantic only, under the same 
 penalties and regiilations as are therein contained ; pro- 
 vided, that planted oysters may be taken up at any time 
 
 by the person O'^vning the same. 
 
 20. That nO' person or persons, under any pretense of ow shells 
 taking oysters, or under any other piretense whatever, ™*7^*^ff°^ 
 shall take, remove or ciariy off from, any natural oyster 
 
 banks o^r beds, in this state, any old shells, other than 
 such as cannot be' removed or separated from the oysters 
 without injuring the same; and all such shells shall be 
 culled and separated from the oysters, and thrown baick 
 again upon the said natural banks or beds ; and in case 
 any person or persons shall so take^ remove or carry O'ff 
 from said natural banks or beds, whether oysters be taken 
 or not, without first so separating the old shells froim the 
 oysters, he or they shall for every offense forfeit and pay 
 ten dollars, to be recovered, with costs, by a,otion of debt, 
 by any person who shall prosecute for the same, in any 
 court of record in this stiate having cognizance of that 
 sum, one-half thereof tO' the use of the prosecutor and the 
 other tO' the overseer of the poor for thei use of the poor 
 of the township in which the offense w^as committed, and 
 the canoe;, flat, scow, boat and other vessel, used and em- 
 ployed in the commission of the offense in this section 
 mentioned, shall be liable tO' seizure, and be applied to 
 the payment of such penalty; provided, however, that 
 nothing in this act contained shall be so construed as to 
 
10 
 
 STATUTE LAAV OF NEW JEESEY 
 
 Penalty for 
 SPlling clams 
 under certain 
 size taken in 
 Atlantic 
 county. 
 
 P. L. 1851, 
 p. 439. 
 Non-resi- 
 dents of 
 state not to 
 gather oys- 
 ters, &c. 
 
 Penalty. 
 
 Additional 
 penalty for 
 violating 
 section 12. 
 
 prohibit any person or persons from talking, removing 
 or carrying any sliells from beds planted out by him or 
 them pursuant tO' law. 
 
 21. That it shall not be lawful for any person or per- 
 sons to sell, or offer for sale, by the bushel or otherwise, 
 any small clams which m.ay have been taken in the waters 
 of the county of Atlantic, unless the said clams shall be of 
 such a size that a bushel will not contain more than four 
 hundred; and if any person or persons shall so sell, or 
 offer for sale, any such clams, four hundred of which will 
 not make a bushel, such person or persons shall, for every 
 such offense, forfeit and pay ten dollars, to be recovered, 
 with costs, by action of debt, by any person who shall 
 prosecute for the same, in any court of record in this 
 state having cognizance of that sum, one-half to the over- 
 seer of the poor, for the use of the poor of the township 
 in which the offense shall have been committed and the 
 other half to the person who shall sue for the same. 
 
 22. That it shall not be lawful for any person who is 
 not at the time an inhabitant and resident of this state, 
 and who shall not have been for six months next pre- 
 ceding an inhabitant and resident as aforesaid, to^ take, 
 rake or gather oysters, clams, or shell-fish, in any of the 
 rivers, bays or waters of this state ; and every person 
 offending herein shall be deemed guilty of a misdemeanor, 
 and, npou conviction, shall be punished by fine or im- 
 prisonment, or both, in the discretion of the court before 
 which the conviction shall be had; provided, such im- 
 prisonment shall not exceed, in any case, the term of six 
 months, nor the fine exceed the sum of one hundred and 
 fifty dollars. 
 
 23. That every person offending against the provisions 
 of the twelfth section of the act to which this is a supple- 
 ment, shall, in addition to the penalty therein mentioned, 
 be deemed guilty of a misdemeanor, and, upon conviction, 
 shall be punished by fine or imprisonment, or both, in 
 the discretion of the court before which the conviction 
 shall be had; provided, such imprisonment shall not 
 exceed, in any case, the term of six months, nor the fine 
 exceed the sum of one hundred dollars. 
 
RELATIVE TO CLAMS AND OYSTERS. 11 
 
 • 24. That the time within which the taking and vend- ^-J^^^^^^' 
 . . p ^ . P- 139. 
 
 me' oysters is prohibited by the first and fourth sections Time ror 
 
 iP -, ,.-,-... . taking and 
 
 of the act to which this is a supplement, is and that the vending oys- 
 
 -. (, ,-^ ■, -. , ters extended 
 
 same be extended to the first day of October, yearly and in cape May 
 
 ■^ ' 'J 'J county. 
 
 every year, in the county of Cape May, under the same 
 penalties and regulations! a,si are therein contained; -pro"- 
 vided, that nothing contained in this act shall prevent the 
 owners of planted oysters from, at any time, taking up 
 and vending the same. 
 
 25. That it shall be lawful for any person or persons p. l. i855, 
 owning marsh or meadow lands in this state, within the o.vnerViof 
 boundaries of which there shall be creeks, ditches or meadow 
 ponds wherein clams and oysters do or will grow, to lay lay In'd^piant 
 or plant clams and oysters therein, for the use and benefit ^■^^ ^^^' 
 
 of such owners, and for the preservation of which he is 
 to properly stake off such clam and oyster ground as not 
 to interfere with the passing and repassing of vessels, 
 but sufficient to designate where the same is planted. 
 
 26. That any person or persons violating the provi- Penalty for 
 sions of this act shall be subject to all the fines and provisions 
 penalties contained in the act to which this is a further 
 supplement. 
 
 27. That it shall not be lawful for any 'person or per- p. l. i864, 
 sons to take any oysters out of the natural beds of the oyster's not 
 counties of Burlington, Atlantic and Ocean, between the outof natu- 
 first day of May and sunrise of the first day of October, certain^ conn- 
 yearly, only by daylight, under the penalty of twenty-five dayiiTht'.^* ^' 
 dollars for each and every offense. 
 
 28. That it shall and may be lawful for any person or p. l. isti, 
 persons owning flats or coves along the shores of the tide- owner's ot 
 waters in the county of Burlington, between the lines coves along 
 separating Burlington from Ocean and Atlantic counties, in Burlington 
 to mark out, by fixing stakes across or around the same, plant "or lay 
 at the distance of two rods from each other, and of such °^ 
 length as to be at least two feet above the ordinary high- 
 water, and plant or lay oysters or other shell-fish within 
 
 or above the same ; 'provided, said stakes shall not in- Proviso, 
 elude any natural oyster beds always covered with water 
 beyond low-water mark; and provided also, it shall not Proviso, 
 be lawful to stake out beyond the ordinary low-water 
 mark nor injure any navigation publicly used. 
 
12 STATUTE LAW OF NEW JERSEY 
 
 Penalty for 
 taking oys- 
 ters or clams 
 so planted 
 without per- 
 mission. 
 
 P. L. 1S73, 
 p. 44. 
 
 Construction 
 of tlie words 
 "dredge or 
 instrument 
 so called." 
 
 Penalty for 
 using rake or 
 other instru- 
 ment in 
 waters of 
 Burlington 
 county. 
 
 P. L. 1892, 
 p. 360. 
 No boat to be 
 used for 
 gathering 
 clams, &c., 
 unless owner 
 a resident 
 of state. 
 
 29. That if any person or persons shall gather or take 
 away any oysters or clamsi, above or within thei line of 
 stakes aforesaid, mthoiit permission first had or ol> 
 tained from thei owner or owners, occupant or occupants 
 of the flats or coves so' staked in, he, she or they so offend- 
 ing shall forfeit and pay for eadi offense the sum of 
 twenty dollars, toi be recovered and apiplied in manner 
 directed by the twelfth section of the act to which this 
 a,ct is a further supplement, and shall moreover be liable 
 to an action at, the suit of the owner or owners, occupant 
 or occupants:, for his, her or their damages. 
 
 30. That the words "dredge or instrument soi called," 
 in sections two' and six of the act tO' which this act is a 
 further sup'plement, shall be and is hereby taken, deemed 
 and intended tO' mean and appily to any rake or other 
 instrument designed and intended to bei used or which 
 shall be used and dragged by any canoe, boat or' vessel in 
 any of the rivers, bays or waters of Burlington county, 
 in this state, as a dredge, and for the uses and purposes 
 of a dredge, whether called by that name or otherwise. 
 
 31. That all the penalties in sections twO' and six of 
 the a.ct. tOi which this act is a further aupiplement shall and 
 hereby do apply to all such person or persons using such 
 rake or rakes, or other instruments, or canoe, boat or vesn 
 sel having on boai'd such rake or other instrument to be 
 employed and used in raking and dredging or which 
 shall be found employed and using such rake or other 
 instrument in like manner as dredges are used, and for 
 the same piurposes for which dredges are used, in any of 
 the rivers, bays or waters of the county of Burlington, in 
 this state, whetlier such rake or other instrument be 
 called by the name of dredge or otherwise. 
 
 32. That it shall not be lawful for a.ny canoe, flat, scow, 
 boat or other vessel to be used or employed in any of the 
 rivers, bays or waters of this state to rake or gather 
 clams, oysters or shell-fish, unless the same shall be O'^vned 
 by citizens and actual residents of this state, and who 
 have been for twelve months next preceding actual citi- 
 zens and residents as aforesaid ; and it shall not be lawful 
 for any non-resident to hold a lien or mortgage on any 
 
EELATIVE TO CLAMS AND OYSTEES. 13 
 
 canoe, flat, scow, boat or any otheir vessel engaged in the 
 oystex business of this state as; aforesaid; nor shall any 
 such canoe, flat, scow, boat or any other vessel be com- 
 manded by any person whoi isi not a citizen and actual 
 resident of this state for twelve months next preceding; 
 and any canoe, flat, scow, boat or other vessel not so Penalty, 
 owned and commandeid, used an,d employed as aforesaid, 
 with all the clamsi, oystersi, clam-rakes, tongs, tackle, 
 furniture and apparel shall be forfeited, and the same 
 seized, secured and disposed of in the manner prescribed 
 in the ninth" and tenth sections of the act toi which this 
 is a suppleoment ; provided, that this act shall not apply Proviso, 
 to or affect vessels or boiatsi already having license: in this 
 state under existing laws. 
 
 33. That in order tO' better carry out and enforoei the p. l. i893, 
 provisions of the act toi which this act is a supple'ment, special offl- 
 and the acts supplementiary thereto', it shall be lawful for appointed, 
 the directors of any association of oystermen; duly in- 
 corporated under the laws of this state toi appoint special 
 officers, not exceeding three in number, who shall be 
 citizens of this state, and who shall be and hereby are Empowered 
 empowered at all times while holding the office or position lators^of act." 
 of such special officer, upon their own view, to arrest any 
 
 person or persons whoi may be found violating or infring- 
 ing any of the provisions of the act tO' which this act is 
 a supplement or of any of the acta supplementary thereto, 
 and to bring him or them before! a, magistrate for ex- 
 amination. 
 
 34. That such special officers shall be paid for their how special 
 services under this act by the association appointing them paid. 
 
 and not otherwise:. 
 
 35. Frora and after the passage of this act it shall be p. l. i899, 
 unlawful for any person or personsi, coinpiany or corpora- unlawful to 
 tion, at any time whatever, to use, cast, drag or haul any Delaware bay 
 dredge, patent rake, or other similar device which shall tain line. 
 
 be towed, dragged or hauled by or behind any boat, vessel 
 or craft propelled by sail or steam, or to catch therewith 
 clams, oysters or shells in the watersi of Delaware bay 
 south of a line running direct fro'm the mouth of Dennis 
 creek to Brandywine lighthouse ; and any person offend- penalty. 
 
14 
 
 STATUTE LAW OF ^^ew JERSEY 
 
 • Proviso. 
 
 Repealer. 
 
 P. L. 1900, 
 p. 422. 
 Taking of 
 hard mud 
 elams. 
 
 Exception. 
 
 Soft-shell 
 clams. 
 
 ing against the provisions of this act shall be deemed 
 guilty of a misdemeanor, and on conviction thereof shall 
 be punished by a fine not exceeding one hundred dollars, 
 or by imprisonment at hard labor for any term not ex- 
 ceeding six months, or both, at the discretion of the court ; 
 and any boat or vessel employed in the commission of any 
 offense against the provisions of this act shall, with all 
 her tackle, apparel and furniture, be forfeited, and the 
 same may be seized, secured, condemned and disposed of 
 in the manner prescribed in the ninth and tenth sections 
 of the act entitled "An act for the preservation of clams 
 and oysters" [Revision], approved April fourteenth, one 
 thousand eight hundred and forty-six ; 'provided, always, 
 that the provisions of this act shall not be construed to 
 prohibit any person, who now does, or hereafter shall, 
 bona fide, occupy and plant with oysters any grounds not 
 natural oyster or clam grounds, from working his own 
 private oysters at any time and in any manner that he 
 may otherwise lawfully do. 
 
 36. That all acts and parts of acts inconsistent here- 
 with be and the same are hereby repealed, and that this 
 act shall take effect immediately. 
 
 37. Erom and after the piassage of this act' it shall be 
 unlawful for any person or persons to take from the 
 natural beds beneath the waters of this state, by means 
 of boats, tongs, dredges, rakes or otherwise, or to have 
 in their possession, or to buy or sell, or to offer to buy 
 or sell, any clams commonly called hard mud clams, the 
 shells of which will measure less than one inch in width 
 or thickness across the back or hinge ; except said clams 
 be taken beneath the waters of Atlantic county, in which 
 case they shall not measure less than one and one-quarter 
 inches in length ; or to buy or sell, or to offer to buy or 
 sell, any clams commonly called hard sand clams, the 
 shells of which will measure less than one inch in width 
 or thickness across the back or hinge, except said clams 
 be taken beneath the waters of Atlantic county, in which 
 case they shall not measure less than one and one-quarter 
 inches in length ; or to buy or sell, or offer to buy or sell, 
 any clams commonly called soft-shell clams, the shells of 
 
RELATIVE TO CLAMS AND OYSTERS. 15 
 
 wliich will measure less than two inches in length; and Penalty, 
 every person so offending shall be deemed guilty of a mis- 
 demeanor, and on conviction thereof shall be punished 
 by a fine of not less than twenty-five dollars nor more 
 than one hundred dollars, at the discretion of the justice 
 of the peace before whom the case is brought, and in 
 default of payment of the fine, the justice shall commit 
 him to the county jail for a period of not less than ten 
 days nor more than thirty days ; one moiety of said fine Division of 
 (after deducting therefrom the^ fees of the justice and of 
 the officer making the arrest, which fees shall be the same 
 as are allowed for issuing and serving warrants and hold- 
 ing examination or hearing in other causes), to be paid 
 by said justice imposing and collecting the^ fine tO' the 
 overseer of the poor, for the use of the poor of the town- 
 ship in which the offense shall have been committed, and 
 the other half or moiety to be paid to the warden, con- 
 stable or person who made the complaint. 
 
 38. Upon complaint under oath, made to him, any p.l. i903, 
 justice of the peace of the county wherein the offense warrant for 
 was committed may and shall issue his warrant for the of violators, 
 arrest and apprehension of any person violating the pro- 
 visions of the first section of this act ; and it shall be the 
 duty of the several oyster commissioners or any constable 
 to, and any other person may, make complaint and bring 
 action before any justice of the peace of the county 
 against any person or persons m violating the provisions 
 of this act ; which warrants shall be served by either such 
 oyster commissioner or constable. 
 
 A Supplement tO' an act entitled "An act for the preser- 
 vation of clamsi and oysters," approved April four- 
 teenth, one thousand eight hundred and forty-six. 
 
 Approved March 29, 1904. 
 
 Be it enacted hi/ the Sencute and General Assembly 
 of the State of New Jersey: 
 
 1. It shall be unlawful for any boat or other vessel J'-^^gg^'^'^^- 
 
 propelled wholly or in part by steam, naphtha, elec- ^l^lffl^icany 
 
 trieity, or any other mechanical motive power, to P^°g?^l|gg 
 
 engage in the catching or taking of oysters from any of *'^'°™ ^l*^^*^^ 
 
16 
 
 STATUTE LAW OF IsEW JERSEY 
 
 Penalty. 
 
 the natural beds, under the tidal waters of this state, 
 and no license shall be issued by any oyster commis- 
 sion, shell commission, or other authority, to any boat 
 or vessel so propelled, authorizing such boat or vessel to 
 engage in the catching or taking of oysters from any of 
 said natural beds ; any person using a boat so propelled 
 in such business, shall be guilty of a misdemeanor, and 
 any boat or other vessel propelled wholly or in part by 
 any such mechanical motive powder, and so engaged, shall 
 be forfeited together with all the tongs, dredges, tackle, 
 furniture and appurtenances thereto belonging, and shall 
 be seized, secured and disposed of in the manner pre- 
 scribed in the act to which this is a supplement. 
 2. This act shall take effect immediately. 
 
 p. L. 1909, 
 
 p. 476.' 
 Polluting 
 matter not 
 deposited so 
 as to affect 
 oyster beds. 
 
 Proviso. 
 
 Penalty. 
 
 A Further Supplement to an act entitled ''An act for 
 the preservation of clams and oysters," approved April 
 fourteenth, one thousand eight hundred and forty-six. 
 
 Approved April 21, 1909. 
 
 Be it E]srACTED by the Senate and General Assembly 
 of the State of Neiv Jersey: 
 
 1. iSTo excremental or other polluting matter of any 
 kind or character whatsoever shall be discharged or 
 placed in the waters, or be placed or suffered to remain 
 on the banks of any stream, the bed of which is or shall 
 be used for the planting and cultivation of oysters or 
 clams, if such excremental or other polluting matter so 
 placed or discharged into such stream, or placed or suf- 
 fered to remain on the banks of such stream, will tend to 
 corrupt and impair the quality or wholesomeness of the 
 oysters or clams growing on the bed of said stream; 
 provided, hoivever, that nothing in this section contained 
 shall apply to the discharge of sewage or drainage into 
 any such stream by municipalities of this State. 
 
 2. Any person or corporation violating any of the 
 provisions of this act shall be liable to a penalty of one 
 hundred dollars, to be recovered in an action of debt by 
 the board of health of the state of N'ew Jersey. 
 
EELATIVE TO CLAMS AND OYSTEES. 17 
 
 3. The word "stream" as used in this act shall be taken -stream" 
 to include and mean all bodies of water in this state, or 
 constituting a boundarj^ between this and any other 
 
 state, irrespective as to whether such waters be fresh or 
 
 salt; 'provided, the bed of any such stream shall be used Pi'oviso. 
 
 for the planting and cultivation of oysters or clams. 
 
 4. This act shall take effect immediately. 
 
 A Supplement to an act entitled "An act for the pres- 
 ervation of clams and oysters," approved Api'il four- 
 teenth, one thousand eight hundred and f orty-onc'. 
 
 Approved May 11, 1905. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. Erom and after the passage of this act it shall be p. L.1905, 
 unlawful for any person or persons, company or corpora- Prohibition 
 tion, at any time whatsoever, to use, cast, drag or haul any ciams and 
 dredge, patent rake or other similar device, which shall be ^ 
 towed, dragged or hauled by or behind any bo'at, vessed or 
 craft propelled by sail, steam or other piower, or to catch 
 therewith any clams, oysters oi' shells in the waters of the 
 Delaware bay, southweisterly of a line running northwest 
 from the mouth of Green creek. Cape May county, tO' the 
 interseotion of such line with a, linci direct. fro'm> thei mouth 
 of Dennis creek to Brandy winei lighthouse ; provided. Proviso. 
 however, thati this prohibition shall not apply to any ter- 
 ritory which was; under lease: from the> state oyster com- 
 mission of the state of ISTew Jersey on the, first day of Yeh- 
 ruary, one thousand nine hundred and five ; and any per- Penalty for 
 
 „. -,. . . . c 1 • 1 Ti 1 violation. 
 
 son onendmg against the provisionsi 01 this act snail be 
 deemed giiilty of a misdemeanor, and, on conviction 
 thereof, shall be punished by a fine not exceeding one 
 hundred dollars, or by imprisonment at hard labor for 
 any term not exceeding six months, or both, at the discre- 
 tion of the court ; and any boat or vessel employed in the Boat and 
 
 J. _cc ' • j_ ii • • j» J.T • tackle eon- 
 
 commission 01 any oiiense against the provisions ot tins sscated. 
 act shall, with all her tackls, apparel and furniture, be 
 forfeited; and the same may be seized, secured, con- 
 demned and disposed of in the manner prescribed in 
 
 2 
 
18 
 
 STATUTE LAW OF ITEW JEESEY 
 
 Repealer. 
 
 the ninth and tenth sections of the act to which this is a 
 supplement. 
 
 2. All acts and parts of acts inconsistent with the pro- 
 visions of this act be and the same are hereby repealed, 
 and this act shall take effect immediately. 
 
 p. L. 1909. 
 
 II. MISCELLAiq^EOUS GE^NtEKAL ACTS. 
 
 p. L. 1886, 
 p. 300. 
 
 Unlawful fou 
 non-residents 
 of the state 
 to plant seed 
 or grow 
 oyst^ii's. 
 
 Penalty. 
 
 Repealer. 
 
 An Act for the better enforcement in any river or bay of 
 an act entitled "An act for the preservation of clams 
 and oysters/' approved April fourteenth, one tliO'Usand 
 eight hundred and forty-six, and siupiplements thereto. 
 
 Approved April 27, 1886. 
 
 1. That it shall be unlawful for any person or persona 
 not residentsi of this state, and who shall not have been 
 residents for six months next preceding, toi plant seed or 
 grow oysters in the waters of any river or bay ; and any 
 oysters, oyster shells, or other materials for seeding or 
 growing oysters so planted shall become public property^ 
 or may be caught or taken upi by any citizen of this state; 
 and any person or persons violating the provisions of this 
 act shall be deemed guilty of a misdemeanor, and on con- 
 viction thereof skall be subject tO' a, fine not exceeding 
 five hundred dollars, ot imprisonment not exceeding one 
 year, or fine and imprisonment, at the discretion of the 
 court. 
 
 2. That any acts or parts of acts inconsistent with this 
 act be repealed, tkat thisi act, shall be a, pmblic act and 
 take effect immediatelv. 
 
 P. L. 1894, 
 p. 429. 
 Persons oc- 
 cupying cer- 
 tain grounds 
 shall be con- 
 firmed in 
 their holding. 
 
 An Act to protect the planting and cultivating of oysters 
 in the tide^waters of tbis state. 
 
 Approved May 17, 1894. 
 
 1. That any person or persons, citizens of this state, 
 now or hereafter holding, using or occupying any grounds 
 lying under the tide-waters of thisi state for the planting 
 or cultivating of oysters tbereon, said grounds not now 
 known and recogTiized as natural oyster seed beds, from 
 
EELATIVE TO CLAMS A]^D OYSTEKS. 19 
 
 whioli tlierei is now ga,thered seed or young oysteirs for 
 planting purposesi, sliall "be and hereiby axe confirmed' in 
 their holding or right to use snch gronnds for the pur- 
 pose of planting and cultivating of oysteirs, and the 
 oysters planted and growing thereon shall bei the peir- 
 sonal property of the person or persons holding, using 
 or occupying the grounds as aforesaid; provided, the Proviso, 
 said gTOunds shall have been maxked by propex stakes^, 
 buoys ox suitable monumients^, and oysters shall havei been 
 actually planted upon the grounds soi maxked off. 
 
 2. That upon the grounds now ox hereafter held, used p'leJ;^^^' 
 or occupied as aforesaid tlie pexson or persons holding, on prlratt?'' 
 using ox occupying the same may plant, cultivate and fg^de^med^^^^ 
 gathex oystersi; they may shell said gxounds and gather p^op'^'^ty 
 the oystexs that may gxow thexeon, and all oystexs on 
 
 said grounds shall be deemed and taken to b© their per- 
 sonal property; and every pexson or persons whoi shall Sierwm^shaii 
 gather, catch or take oystexs, clamsi ox shells fxom any lot misdemeanor 
 of gxound properly planted with oystexsi held, used ox 
 occupied as afoxesaid, ox use thexeon any tongs, xake or 
 dredge without the pexmission of the piexsoui ox pexsons 
 holding, using ox occupying the same, shall be deemed 
 guilty of a misdemeanox, and, upon conviction thexeof. Penalty, 
 shall be fine'd in a sum not gxeatex than one hundxed dol- 
 laxs or be confined in the county jail for ai pexioid not 
 exceeding six months^ ox botli, at the discxetion of the 
 court. 
 
 3. That it shall be unlawful for any person, without p'^^;,)-^®^' 
 the permission of the person or piersonsi holding, using or P^g^^^^g*" 
 occupying the grounds now or hereafter held, used ox Yj!|^ g^'^l^®^ 
 occupied as afoxesaid to woxk fxo'm boats ox otherwise 
 
 with xakes, dxedges or other appliances upon any of siaid 
 
 gxounds, and thereby to injure, distuxb ox xemo've the 
 
 oystexs planted and growing thereon ; and it shall be the constable or 
 
 duty of any constable ox duly-authoxized special officer, seize bo^ts 
 
 and lawful fox any other pexson, to seize and secuxe any ances^^ ^ 
 
 boat, rake, dredge or other appilianoe used in. violation 
 
 of this law and immediately give information thereof to 
 
 any justice of the peace of the county wherein such seiiz- justice of 
 
 iT-ii "tt • ^ j_ i>eace shall 
 
 uxe IS made, who is hexeby empowexed and xequixeo. to try and de- 
 termine case. 
 
20 STATUTE LAW OF NEW JERSEY 
 
 heax, try and determine whetJaer such boat, rake, dredge 
 or other appliance so seized was used in violation of this 
 law; the said justice shall appoint a time and place of 
 trial and cause reasonable notice thereof to be given to 
 the person who was in possession of the property seized 
 and the owner thereof, if they can be found; and shall, 
 at the time and ]3lace appointed, determine whether the 
 boat, rake, dredge or other appliance seized was used in 
 And may violation of this law, and if found to have been so used 
 &c., sold and shall Order the same to be sold in such manner as the 
 ap^piied. said justice shall direct; and the avails thereof, after 
 
 deducting all proper and reasonable costs and charges 
 which said justice may tax and allow, shall be paid one- 
 half to the person or persons making the seizure and one- 
 half to the treasurer of the state for the use of the state. 
 Grounds used 4, That uo grounds now used and set apart for clam- 
 
 for clamming _ *=•_ , ^, 
 
 shall not be ming purposes in said state shall be occupied and used 
 
 used for r- i c i • i • • 
 
 oysters. ±or the purposc 01 planting or cultivating oysters, 
 
 stakes shall 5, That all stakcs used for the purpose aforesaid shall 
 
 be yielding, in. ,.,,. ^ '^ . ,, 
 
 &c. be elastic and yielding, and shall not impede navigation 
 
 nor interfere with the drawing of seines in any place 
 
 now established and customarily used for seine fishing. 
 
 Persons 6. That any person or persons who shall plant oysters 
 
 tersupon upou anv of the natural oyster beds lying under the 
 
 natural beds x t/ t/ t/ o 
 
 from which ' waters af oresaid, now known and recognized as natural 
 gathered seed oyster beds, and from which there is now gathered seed 
 be deemed or young oysters for planting purposes, shall be deemed 
 and shall trespassers, and such planted oysters shall be forfeited to 
 plants. the public, who shall have the right and privilege of going 
 
 upon said beds and taking said planted oysters and con- 
 verting the same to their own use at any time when it 
 is now lawful to take oysters from said natural beds. 
 Title shall 7, That nothing; in this act contained shall 2;ive anv 
 
 not run ~ _ _ . ' 
 
 against state, persoii or persous the right or title to any of said lands 
 
 as against the state, and the state may at any time alter 
 
 or repeal this law, or the riparian commissioners may 
 
 make grants, the same as if this act had not been passed. 
 
 Act^shaiinot g_ That 110110 of the provisions of this act shall apply 
 
 i^eiaware bay to the watcrs or bottoms of Delaware bay and Maurice 
 
 or Maurice "^ 
 
 River cove. River cove. 
 
RELATIVE TO CLAMS ANB OYSTEES. 21 
 
 9. That this act shall and is hereby declared to be a Repealer, 
 public act and shall take effect immediately, and all acts 
 
 and j)arts of acts inconsistent herewith shall be and hereby 
 are repealed. 
 
 10. That any person or persons removing any stakes, p. l. i895, 
 bnoys or monuments placed or erected for the purposes as penafty for 
 set forth in the first section of the act to which this is st^eOuoys 
 a supplement, shall, upon conviction thereof before any mentT" 
 court of competent jurisdiction, pay a fine of twenty 
 
 dollars or be imprisoned in the county jail for a period 
 not exceeding ninety days, either or both, at the discre- 
 tion of the court. 
 
 11. That all acts and parts of acts inconsistent with Repealer, 
 this act be and the same are hereby repealed. 
 
 An Act to protect the natural oyster-seed grounds of 
 this state. 
 
 Approved March 17, 1899. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey : 
 
 1. It shall not be lawful for any person or persons, p. l. 1899, 
 under pretense of taking oysters, or under any other pre- unlawful to 
 
 1 , , re J- , T remove seed 
 
 tense whatever, to remove or carry oii from any natural oysters, 
 oyster-seed grouinds in this state any shells other than 
 such as cannot be removed or separated from the oysters 
 without injuring the same ; and all such shells shall be , 
 culled and separated from the oysters and throv^oi back 
 again upon the said natural oyster-seed grounds; and Penalty, 
 any person or persons offending against the provision of 
 this act shall be deemed guilty of a misdemeanor and 
 punishable, after conviction, by a fine of fifty dollars for 
 each and every offense, or imprisonment in any county 
 jail for a period of three months, or both, at the discretion 
 of the court ; ^nd the fine, when so recovered, one-half to 
 go to the complainant and one-half to the treasurer of 
 the state for the use of the state ; provided, that the pro- proviso, 
 vision of this section shall not apply to Delaware bay 
 and Maurice cove and the tributaries thereto. 
 
22 STATUTE LAW OF NEW JEESEY 
 
 Repealer. 2. All acts and parts of acts inconsistent with this act 
 
 shall be and the same are hereby repealed. 
 3. This act shall go into effect immediately. 
 
 p. L. 1900, 
 p. 425. 
 Laws for 
 protection of 
 seed oysters 
 and grounds 
 to be 
 enforced. 
 
 Who have 
 jurisdiction. 
 
 Procedure. 
 
 An Act to provide a uniform procedure for the enforce- 
 ment of all laws relating to the taking of natural 
 seed oysters and clams and the protection of the 
 natural seed oyster grounds of this state and for the 
 recovery of penalties for the violation thereof. 
 
 Approved March 23, 1900. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. All laws, general and special, for the protection of 
 natural seed oyster grounds, or in any manner prohibit- 
 ing or regulating the taking or possession of natural seed 
 oysters and clams, shall hereafter be enforced, and all 
 penalties for violations thereof shall hereafter be recov- 
 ered in accordance with the provisions of this act. 
 
 2. Justices of the peace, district courts and police 
 magistrates shall have jurisdiction to try and punish any 
 person or persons, corporation or corporations, accused of 
 violating any of the laws specified in the first section of 
 this act, or any of the provisions thereof, and every pen- 
 alty prescribed for such violation may be enforced and 
 recovered before any justice of the peace, district court 
 or police magistrate, either in the county where the 
 offense is committed or where the offender is first appre- 
 hended or where he may reside. 
 
 3. Such justice of the peace, district court or police 
 magistrate, upon receiving complaint in writing, duly 
 verified, of the violation of any law specified in the first 
 section of this act, or of any of the provisions thereof, is 
 hereby authorized and required to issue a warrant, di- 
 rected to any constable, police officer, oyster commis- 
 sioner or their assistants, commanding him to cause the 
 person or persons so complained of to be arrested and 
 brought before such justice, district court or police 
 magistrate, and shall thereupon, in a summary way, hear 
 and determine the guilt or .innocence of such person or 
 
RELATIVE TO CLAMS AND OYSTERS. 23 
 
 persons, and, iipon conviction, shall impose nj)on the per- 
 son or persons so convicted the penalty or penalties j)i'e- 
 scribed, together Avith the costs of prosecntion for such 
 offense; and if any person or persons shall fail to pay 
 the penalty or penalties so imposed, together with the 
 costs of prosecution, the said justice, district court or 
 police magistrate shall commit him or them to the com- 
 mon jail of the county where such conviction is had, for 
 a period not exceeding ninety days, or until said penalty 
 and costs are paid. 
 
 4. For the violation of any laws specified in the first ^Vf^^t 
 
 ^ , , without 
 
 section of this act, or of any of the provisions thereof, warrant, 
 done within the view of any constable, police officer, 
 oyster commissioners or their assistants^ such officer is 
 hereby authorized, without warrant, to arrest the offender 
 or offenders and to carry him or them before a justice of 
 the peace, district court or police magistrate of the 
 county wherein such arrest is made, and the justice, dis- 
 trict court or police magistrate before whom such offender 
 or offenders shall be taken is hereby authorized and re- 
 quired to hear and determine in a summary way the 
 guilt or innocence of such person or persons, after receiv- 
 ing from the said officer a complaint in writing, duly 
 verified, setting forth the nature of the; offense for which 
 the said person or persons was or were arrested. 
 
 5. In any action commenced under the provisions of f^^^^ ^^^ 
 this act the prevailing party shall recover costs against 
 
 the other, and the same fees and costs shall be allowed 
 therein as in trials before justices of the peace holding 
 court, for the trial of small causes. 
 
 6. Any hearing to be held pursuant to this act may, Adjournment 
 for good cause shown, be adjourned for a period not ex- 
 ceeding thirty days from the return of any warrant of 
 
 the time of appearance mentioned in any summons, or 
 from the date of any arrest without warrant, as the case 
 may be, but in case it shall be the duty of the justice, 
 district court or police magistrate to detain the defendant 
 or defendants in safe custody unless he or they shall enter 
 into bond to the person making the complaint, with at 
 least one surety, in double the amount of the penalty to 
 
24 
 
 STATUTE LAW OF ^^EW JERSEY 
 
 Disposition 
 of moneys 
 recovered. 
 
 Appeal may 
 be taken. 
 
 Proviso. 
 
 Papers, &e., 
 sent to court 
 of common 
 pleas. 
 
 Power and 
 fees of oys- 
 ter commis- 
 sioners. 
 
 be recovered, conditioned for his or their appearance on 
 the day to which the hearing shall be adjourned, and 
 thence from day to day until the case is disjjosed of, and 
 then to abide by the judgment of the justice, district 
 court or police magistrate, provided no appeal therefrom 
 be taken, and such bond, if forfeited, may be prosecuted 
 by the person to whom it is given in any court of compe- 
 tent jurisdiction. 
 
 7. All moneys recovered pursuant to the provisions of 
 this act shall be paid in each case to the person making 
 the complaint, who shall pay one-third thereof to the 
 treasurer of the state for the use of the state, and one- 
 third thereof in equal proportions to the persons furnish- 
 ing the evidence necessary to secure a conviction. 
 
 8. Any party to any proceeding instituted under this 
 act may appeal from the judgment or sentence of the 
 justice, district court or police magistrate, to the court of 
 common pleas of the county in which the said proceed- 
 ings shall take place; provided, that the party appealing 
 shall within ten days after the date of the said judgment 
 serve a written notice of appeal upon the opposite party, 
 pay the costs of such proceedings and deliver to the 
 justice,, district court or police magistrate a bond to the 
 opposite party in double the amount of the judgment 
 appealed from, with at least one sufficient surety, condi- 
 tioned to prosecute the said appeal and to stand to and 
 abide by such further order or judgment as may here- 
 after be made against said party. 
 
 9. Whenever an appeal shall be taken as aforesaid, it 
 shall be the duty of the justice, district court or police 
 magistrate to send all papers, together with a transcript 
 of the proceedings in the case, to the necxt court of com- 
 mon pleas of the said county, which court shall try and 
 determine all such appeals in the same way and manner 
 that appeals from the courts for the trial of small causes 
 are now tried and determined, except that upon the trial 
 of any such appeal no notice of the production of new 
 evidence on behalf of either party shall be required. 
 
 10. The duly appointed oyster commissioners or their 
 assistants shall have the same power and be entitled t<o 
 
RELATIVE TO CLAMS AND OYSTERS. 25 
 
 the same fees for the services of process in cases instituted 
 under this act, as constables have and are entitled to 
 receive in the courts for the trial of small causes. 
 
 11. No person shall be excused from ffivin^ evidence Giving of 
 m any action or piroceedmgsi taken or had under this a,cit, 
 
 on the ground that such evidence might tend to: convict 
 such mtness, or render him liable to^ prosecution under 
 this act, but such evidence shall not be received against 
 such Avitness in any such proisecution. 
 
 12. Proceedings under this act may be instituted on proceedings, 
 any day of the week, and the institution of such proceed- time^ ^^^ 
 ings on Sunday shall bc' no' bar toi the successful prosecu- 
 tion of the same, and any pirocess served on Sunday shall 
 
 be as valid and effectual as if served on any other day of 
 the week. 
 
 13. All proceedings' for the recovery of penalties: pur^ Proceedings 
 suant to the provisions of this act shall be entitled and name of 
 shall run, in the name of the state of JSTew Jersey, with 
 
 one of the oyster commissioners or their assistants or a 
 police officer or a constable, and noi proceedings shall be 
 instituted by any person not a duly commissioned oyster 
 commissioner or their assistants: or a police officer or a 
 constable of this state. 
 
 14. In all casesi where a person shall be convicted a Penalty on 
 
 sGcond con." 
 
 second time, double the pienalty prescribed shall be im- viction. 
 posed upon such second conviction, and it. is hereby made 
 the duty of every person making the complaint pursuant 
 to the provisions of this aet, who has reason toi believe 
 that the- accused has been previously convicted, to lay 
 such information before the justice of the peace, district 
 court or police magistrate, and produce such proof of the 
 same as shall be admissible. 
 
 15. All acts and piarts of sucis inconsistent with the jj^pg^igj. 
 provisions of this act, be and the same are hereby re- 
 pealed ; promdedj that such repealer shall not be taken proviso, 
 or construed to interfere with, any prosecutionsi now pend- 
 ing or which may hereafter be beigun for thei violation 
 heretofore of any such laws. 
 
 16. This act shall take effect immediately. 
 
26 STATUTE LAW OF NEW JERSEY 
 
 p. L. 1901, 
 p. 307. 
 State oyster 
 commission ; 
 members, 
 control. 
 
 Oath. 
 
 Salary. 
 
 Annual 
 report. 
 
 III. OYSTER LAW APPLICABLE, TO DELA- 
 WARE; BAY, DELAWARE RIVER, MAURICE 
 RIVER COVE AIsTD RARITAIsT BAY. 
 
 Being act of March 24, 1899 (P. L. 1899, p. 506), as amended, 
 supplemented and extended by act of March 22, 1901. 
 
 Approved March 22, 1901. 
 
 1. All oyster grounds, lands and beds included within 
 lands of the state of New Jersey, under thei tidal waters 
 of tlie Delaware river, Delaware bay and Maurice river 
 cove, shall be under the eKolusivei regulation and control 
 of a state oyster commission, which shall consist of three 
 members, who' shall be aipipointed by the governor of this' 
 state; the commissioners first apipointed shall be ap^- 
 pointed to hold office respectively for one, twO' or three 
 years, and until the appiointment of their respective suc- 
 cessors.; all commisisioners subsequently appointed shall 
 be appointed for a term of three years and shall continue 
 to hold office until the appointment of their successors ; 
 the siaid commissioners shall be citizens of this! state, and 
 shall be directly interested or engaged in the taking, 
 planting and cultivating of oysters in Delaware bay and 
 Maurice river cove ; before entering upon the duties of 
 his office each commissioner shall file with the secretary 
 of state an oath that he will faithfully discharge the 
 duties of his office, and that he is' direictly interested or 
 engaged in the business of taking, planting and cultivar 
 ting oysters in Delaware bay and Maurice river cove, 
 which oath may be taken before any person authorized 
 to take oaths' or affirmations in this statei; each coimmis- 
 sioner shall receive an annual salary of five hundred dol- 
 lars, payable quarterly ; two' members of the state oyster 
 co'mmission shall constitutie a. quorum at any meeting 
 thereof, and any official act shall be valid which has been 
 authorized by a majority of the commissioners at any 
 stated or special meeting thereof ; they shall keep, a. record 
 of all their officdal acts and proceedings, and shall an- 
 nually report to the legislature, which report, shall include 
 a detailed statemient of all expenditures, of money made 
 or authorized to be made: by them under the provisions 
 
RELATIVE TO CLAMS AND OYSTERS. 27 
 
 of this act ; before entering upon the duties of their office Approved 
 the said commissioners shall severally enter into bond to 
 the state in the sum of two thousand dollars, with good 
 and sufficient surety, conditioned for the faithful per- 
 formance of their duties, which bond shall first be ap- 
 proved as to sufficiency by the law judge of the said 
 county of Cumberland; said bond shall be renewed an- 
 nuall^y. 
 
 2. The state oyster commission shall appoint a person oyster super- 
 to be known as the oyster superintendent, to hold office diit^esf" ' 
 during the pleasure of the state oyster commission, and ^^ ^^^' 
 shall determine the amount of his compensation or salary, 
 
 which shall not exceed twelve hundred dollars per annum, 
 and which shall be paid in equal monthly payments ; 
 before entering upon the duties of his office the oyster 
 superintendent shall give bond to the state in the sum 
 of five thousand dollars, with good and sufficient surety, 
 conditioned for the faithful performance of his duties, 
 which bond shall be first approved as to sufficiency by the 
 law judge of the said county of Cumberland ; said bond 
 shall be renewed annually; it shall be the duty of the 
 state oyster commission to regulate and define the duties 
 of the oyster superintendent, other than those duties 
 specifically defined in this act. 
 
 3. The state oyster commission shall have power, and Power and 
 it shall be their duty, to enforce the provisions of this commission. 
 act and the provisions of all other acts regulating the 
 
 taking, planting or cultivating of oysters in Delaware 
 river, Delaware bay and Maurice river cove, in this state, 
 in force and not repealed by this act; and in further- 
 ance and not in limitation of the above provisions they 
 shall have power to employ such surveyors, engineers, 
 guards and other employes, together with all such boats, 
 means and materials as they may deem necessary to 
 carry into effect the provisions of this act, and for the 
 protection of all oysters, oyster beds and grounds, and to 
 incur such expenses as they may consider proper to fully 
 carry out the provisions of this and the said other acts, 
 and for the preservation and improvement of the said 
 oyster beds or grounds. 
 
28 
 
 STATUTE LAW OF NE,W JEESEY 
 
 Office. 
 
 Lease lands. 
 
 Proviso. 
 
 Term for 
 granting 
 leases. 
 
 Action taken 
 upon failure 
 to pay 
 rental. 
 
 4. The state oyster commission shall establish and 
 maintain an office within the county of Cumberland, 
 which shall be located at some place convenient to per- 
 sons engaged in the oyster industry, which office shall 
 also be the office of the oyster superintendent; stated 
 meetings of the state oyster commission shall be held at 
 their office at least once a month. 
 
 5. The state oyster commission shall have power, and 
 are hereby directed as hereinafter provided, to lease to 
 applicants therefor any of the lauds of the state under the 
 tidal waters of the Delaware bay and Maurice river cove 
 below the line running direct from the mouth of Straight 
 creek to Cross Ledge lighthouse, and commonly known 
 as the "southwest line," to be exclusively used and en- 
 joyed by such lessee for the taking, planting and cultiva- 
 ting of oysters ; provided, lioivever, that no lease or leases 
 shall be hereafter granted to any person or persons who 
 shall not be at the time of granting of said lease or leases 
 and shall not have been for twelve months next preced- 
 ing, a citizen and actual resident of this state; but this 
 restriction shall not apply to renewals of any lease or 
 leases heretofore granted. 
 
 6. Leases may be granted for terms not exceeding 
 thirty years at an annual rental not less than twenty- 
 five cents per acre or fraction thereof of the lands so 
 leased, payable in advance as hereinafter specified; the 
 rental for the first year of any lease shall be paid at the 
 time the lease is granted, and the yearly rental for each 
 succeeding year of said lease shall be paid within thirty 
 days after the beginning of said year ; failure to pay said 
 rentals at the time or times herein directed shall cause 
 the lease or leases of the person or persons so failing to 
 pay said rentals, to become forfeited and the right of said 
 person or persons to the oyster ground or grounds and 
 all oysters thereon shall cease ; and the state oyster com- 
 mission shall cause the said lease or leases upon which 
 said rent is due and unpaid as aforesaid to be canceled 
 upon the books of the state oyster commission, and said 
 forfeited ground or grounds may be thereafter leased to 
 any resident of this state as hereinbefore provided ; the 
 
RELATIVE TO CLAMS AND OYSTERS. 29 
 
 state oyster commission shall, within the limitations and 
 restrictions of this act, fix and determine the term for 
 which leases may be granted, the rental to be paid for 
 the grounds described therein, the maximum size of any 
 single ground to be hereafter leased and the total acre- 
 age which may be hereafter leased to any individual, 
 firm or corporation. 
 
 7. Any person or persons now having ground or Present 
 grounds staked up and leased under the provisions of have prefer- 
 the act to which this is a supplement, in Delaware bay 
 
 and Maurice river cove, below the said "southwest line," 
 shall be entitled to a renewal of his lease therefor, upon 
 terms and conditions to be fixed and determined by the 
 state oyster commission under the limitations and restric- 
 tions of this act, provided application for such renewal 
 be made, in writing, and filed at the ofiice of the state 
 oyster commission before the expiration of said lease. 
 
 8. The state oyster commission shall, from time to Oyster lands 
 
 ^ " measured, 
 
 time, as applications are made for leases, cause the lands mapped, &c. 
 leased under tidal waters below the said "southwest line" 
 to be measured, and the metes and bounds thereof ascer- 
 tained and located by ranges, monuments or other means, 
 so that the limits of the lands embraced within such 
 leases may be accurately fixed and easily located ; the Records kept, 
 state oyster commission shall cause such leased lands to 
 be mapped, and the said maps to be filed in the ofiice of 
 the state oyster commission, and shall also cause the 
 leases so made and all assignments or transfers thereof 
 to be recorded in books kept in the office of the state 
 oyster commission for that purpose ; and no assignment 
 or transfer of any ground or lease therefor shall be valid 
 unless the same be forthwith recorded in the office of the 
 said state oyster commission ; the expense of surveying, 
 measuring, locating and mapping any gTOund or grounds 
 io br? paid by the applicant therefor before^ he shall be 
 entitled to a lease or leases for the same. 
 
 9. It shall not be lawful to make anv leases embracing certain sec- 
 
 , \ tions not to 
 
 the whole or any part ot the lollowmg named oyster be leased, 
 beds and creeks or rivers, namely: Elder Point beds. 
 Dividing creek beds, Oranoaken beds, Pepper beds, and 
 beds in Stow creek, C'ohansey creek, Back creek. Cedar 
 
30 
 
 STATUTE LAW OF ^tew JERSEY 
 
 License to 
 engage In 
 oyster in- 
 dustry ; fees, 
 &c. 
 
 As amended. 
 P. L. 1909, 
 p. 14. 
 
 Qualifications 
 of applicant 
 for lease or 
 license. 
 
 creek, Nantuxent creek, Dare's creek, Paggett's creek, 
 Sow and Pigs creek, Beaton's creek. Fishing creek, 
 Straight creek, Oran oaken creek, Dividing creek, Mau- 
 rice river, West creek. East creek and Dennis' creek, or 
 any other commonly kno^vn natural oyster bed in Dela- 
 ware river, Delaware bay or Maurice river cove, or in 
 any creek or river emptying into said river, bay or cove. 
 
 10. The oyster superintendent shall issue a license, 
 (inly certified by himself, to each and every captain of 
 a boat or vessel entitled by law to engage in the business 
 of catching, planting and growing oysters in the said 
 Delaware river, Delaware bay and Maurice river cove, 
 that shall pay the license fee fixed therefor by the state 
 oyster commission ; no boat or vessel shall be used or 
 employed in catching or taking oysters in the Delaware 
 river, Delaware bay or Maurice river cove, in this state, 
 without license for that purpose first had and obtained 
 as herein provided ; the state oyster commission is hereby 
 authorized to fix the license fee aforesaid at any sum 
 not exceeding two dollars per ton on the tonnage meas- 
 urement of such boat or vessel ; no license shall be issued 
 for a period longer than one year; all licenses shall be 
 numbered and recorded in a book kept for that purpose 
 in the office of the state oyster .commission ; each boat 
 or vessel licensed shall at all times while engaged in 
 operating under such license, wear in plain view, upon 
 the middle of the mainsail, one-third of the way from 
 the head thereof, the number of said license in blacls 
 figures at least fifteen inches in length ; and upon the 
 failure or neglect of any boat or vessel so licensed to 
 weiar said number as above required, such boat or vessel 
 so neglecting or failing shall forfeit said license. 
 
 11. The state oyster commission, before issuing any 
 lease to any person as provided for in this act, shall cause 
 the person applying for said lease to make and file with 
 them an oath that he is a citizen and actual resident of 
 this state, and. has been for twelve months next preceding 
 said application; and the oyster superintendent, before 
 issuing any license to any boat or vessel as provided for 
 in this act, shall, cause the master or captain of said boat 
 or vessel to make and file with him an oath that said 
 
EELATIVE TO CLAMS AND OYSTERS. 31 
 
 boat or vessel is wholly owned bona fide by citizens and 
 actual residents of this state, and who have been such 
 for twelve months next preceding; or that in the year 
 nineteen hundred and eight said boat or vessel was 
 actually used in the business of catching, planting and 
 growing oysters in the Delaware bay and Maurice river 
 cove ; provided, however, that no boat or vessel owned in Proviso, 
 whole or in part by a non-resident and licensed in any 
 other state to catch oysters on natural beds or grounds in 
 such other state shall be licensed in this state within the 
 same year in which such license to catch oysters in 
 such other state shall have been or shall be issued. Such oath. 
 oaths may be made and taken by and before the several 
 members of the state oyster commission and the oyster 
 superintendent, and the state oyster commission shall 
 have power to revoke any lease or license issued by reason 
 of any false oath made or taken under any provision 
 of this act ; provided, further, that nothing in this sec- proviso, 
 tion contained shall apply to the renewal of any lease as 
 provided for in sections five or seven of the act of which 
 this act is amendatory. 
 
 12. All moneys due for ground rentals, license fees. Moneys for 
 or other fees collectible under the provisions of this act, of state. 
 shall be received and collected by the oyster superintend- 
 ent, for the sole use of the state of ISTew Jersey, as public 
 moneys belonging to the state, and shall be accounted for 
 
 and paid over as such in manner hereinafter provided. 
 
 13. The oyster superintendent shall keep an account Further 
 
 -. •Til- 1 duties of oys- 
 
 of all fees and moneys received by him, pursuant to the }^l^^^^^; 
 provisions of this act, for the use of the state, and shall, 
 on or before the tenth day of each month, make a full 
 itemized statement and return, verified by oath, to the 
 comptroller, of all moneys collected or received as afore- 
 said, upon blanks containing a form of the said state- 
 ment and oath, to be furnished to the oyster superintend- 
 ent by the comptroller, and the said statements shall 
 be filed in the office of the comptroller, there to remain 
 as public records ; said statements shall be audited forth- 
 with by said comptroller, and on or before the fifteenth 
 day of each month the said oyster superintendent shall 
 pay over the amount of such moneys received to the 
 
 intendent. 
 
32 
 
 STATUTE LAW OF NEW JEKSET 
 
 Proviso. 
 
 Proviso. 
 
 Proviso. 
 
 Taking oys- 
 ters above 
 "southwest 
 line." 
 
 Taking oys- 
 ters below 
 "southwest 
 line." 
 
 state treasurer; he shall also make detailed monthly 
 reports, verified by oath, to the state oyster commission, 
 of the moneys collected or received by him; all bills 
 incurred by the state oyster commission in carrying out 
 the j)rovisions of this act shall be certified by the state 
 oyster commission to the state comptroller monthly for 
 payment, and he shall draw his warrant on the state 
 treasurer therefor ; provided, lioioever, such exj)enditure 
 shall not exceed the amount received from the oyster 
 suprintendent as above i3rovided ; provided further, how- 
 ever, that any excess of such receipts over the expendi- 
 ture for any fiscal year shall, for the purpose of this act, 
 be accounted as receipts of the next succeeding fiscal year ; 
 provided further, that the provisions of this section shall 
 not apply to any money appropriated by. the legislature 
 for survey purposes. 
 
 14. 'No oysters shall be dredged for, caught or taken 
 from any of the lands lying under the tidal waters of 
 the Delaware river, Delaware bay and Maurice river 
 cove, above a line running direct from the mouth of 
 Straight creek to Cross Ledge lighthouse, and commonly 
 known as the ''southwest line," except from and includ- 
 ing the first day of April to and including the fifteenth 
 day of June of each year. 
 
 15. ISTo oysters shall be dredged for, caught or taken 
 from any of the lands lying under the tidal waters of 
 the Delaware bay and Maurice river cove below a line 
 running direct from the mouth of Straight creek to 
 Cross Ledge lighthouse, and commonly known as the 
 "southwest line" at any time except from the first day 
 of September to the fifteenth day of June then next, 
 both inclusive, of each year ; but the oyster superintend- 
 ent or any member of the state oyster commission may, 
 upon application, give permission, in writing, to" any 
 lessee or lessees of oyster grounds, to employ such 
 naethods for the protection of his or their oysters on said 
 grounds and for the promotion of the growth thereof dur- 
 ing said closed season as the said superintendent or state 
 oyster commission may deem advisable; but no oysters 
 shall be permanently removed from said grounds during 
 said closed season. 
 
EELATIVE TO CLAMS AND OYSTEES. 33 
 
 16. 'No oysters shall be dredged for, caught or taken No oysters 
 from any of the lands of the state under tidal waters of lands not'^ 
 the Delaware bay and Maurice river cove, below a line ^^^^^ ' 
 running direct from the mouth of Straight creek to Cross 
 
 Ledge lighthouse, and commonly known as the "^south- 
 west line," that are not held by virtue of a lease or leases 
 issued b}'' the state oyster commission and duly recorded 
 as herein provided ; but nothing in this section or in the Exception, 
 two sections immediately preceding shall apply to any 
 of the creeks or rivers hereinbefore mentioned, nor shall 
 be construed to prohibit the taking at any time of oysters 
 with rakes or forks on what is commonly known as the 
 Cape shore, in C'ape May county. 
 
 17. All oysters, oyster shells and other material Catchcuiied 
 
 11-1,1 ' -1,1 where taken 
 
 dredged, tonged, oir m any m'anner raiseid or taken 
 from any of the beds and gTounds above! said "south- 
 west line," o<T from any natural oyster bed or ground 
 where oysters naturally spawn and grow under the 
 waters of Delaware river, Delaware bay and Maurice 
 river cove, in this state, shall be culled as soon as the 
 same are emptied out of the dredges or tongs on the 
 deck of the boat or vessel employed fo^r the purpose, and 
 before the same are shoveled ba,ck from that portion of 
 the deck used for emptying the dredges ; and all shellsi cuiis thrown 
 and other material, except oysters, shall be immediately 
 thrO'Mni back upon the beds or ground from which the 
 same shall have been- taken; all such oysters, oyster 
 shells and otherr material shall be culled as; aforesaid so 
 closely that three busliels thereof taken from any por- 
 tion of a deck lo>ad of oysters, after the same shall have 
 been shoveled back fro'm that part of the deck used for 
 emptying the dredges and tongs aforesaid, shall not con- 
 tain more than fifteen percentum of shells and other 
 material ; and if any person ot persons shall neglect or Refusal to 
 refuse to cull as aforesaid all such oysters, oyster shells ^^ 
 and other material, he or they shall be deemed guilty of 
 a misdemeanor; when the master, commander, captain 
 or person in charge of any bo'at, vessel or other craft, 
 licenseid under the provisions of which this is a supple- 
 ment, is hailed or signaled by any officer of the state 
 
 3 
 
34 
 
 STATUTE LAW OF NEW JEESEY 
 
 p. L. 1903, 
 p. 642. 
 
 Trespassing 
 in dredging. 
 
 P. L. 1901, 
 p. 307. 
 Oyster 
 season. 
 
 Taken by 
 day only. 
 
 Arrest for 
 violating 
 oyster laws. 
 
 0}^steT commission and refuses to stop and permit any 
 officer or officers of said state oyster eonunission to 
 board said boat, vessel or other craft and examine the 
 oysters, oyster shells and othei' material on such boat, 
 vessel or other craft as aforesaid, the said oyster commis- 
 sion shall have power to revoke the^ license of the boat, 
 vessel or other craft so< refusing as aforesaid. 
 
 18. Any person or persons who' shall hereafter dredge 
 upon or throw, take or cast his oyster dredge, or any 
 other instrument used for the purpose of oatehing oysters, 
 upon any oyster bed or ground duly marked, buoyed or 
 staked upi within the waters of thei Delaware river, Dela- 
 ware bay and Maurice river cove, in this statei, other than 
 an oyster bed or gronnd for which he or they then hold 
 a lease under the terms of the act of which this act. is 
 amendatory, shall be guilty of a, misdemeanor and of a 
 violation of the provisions of this a,ct. 
 
 19. It shall be unlawful to have in possession, sell or 
 offer for sale any oysters caught or taken from any nat- 
 ural oyster bed or ground where oysters naturally 
 s]i'awn and grow, under the tidal waters of the Delaware 
 river or Delaware bay, above the said "southwest line," 
 except from and including the first day of April to and 
 including the fifteenth day of June of each year. 
 
 20. It shall be unlawful to^ catch or take, or tO' assist 
 in catching or taking, any oysters froim any of the lands 
 under the tidal waters of the Delaware river, Delaware 
 bay and Maurice river cove, or from any of the creeks or 
 rivers tributary thereto, before sunrise or after sunset. 
 
 21. The members of the state oyster commission, the 
 oyster superintendent, and the several ca,ptains or mas- 
 ters of guard-boats, are hereby empowered, and it shall 
 be their duty, on view, without special warrant issued 
 for that piurpoee, to arrest any person engaged in the 
 violation of any of the provisions of this act or the pTO- 
 visions of any other law of this state regulating the 
 taking, planting or cultivating of oysters in the Dela- 
 ware river, Delaware bay or Maurice river cove, in force 
 and not repealed by this act. 
 
EELATIVE TO CLAMS AND OYSTEES. 35 
 
 22. It sliall be the duty of the state nyster comimission License 
 
 •^ revoked for 
 
 to revokei the license of any bo^at or vessel, the ownenv violation. 
 ca,pt.ain, master or person in charge of which shall violate 
 or ca,iise or permit tO' be^ violated any of the pi'ovisions 
 of this act or the provisions of any other law of this state 
 regulating the taking, planting or aiTltivating of oysters 
 in the Delaware river, Delaware bay or Maurice' river 
 cove, in force and not repealed by this act; and said 
 commission shall have power to refuse thereafter to allow 
 any license to be issued to such boat or vessel for such 
 period of time as the commission may fix and determine. 
 
 23. jSTothins; in this act shall be in anywise construed Prohibitions 
 
 . ° "^ not removed 
 
 to authorize or allow any person or persons, boat or by this act. 
 vessel, to engage or be employed in the business of tak- 
 ing, planting or cultivating oysters in the Delaware river, 
 Delaware bay or Maurice river cove, or in any creek or 
 ri-^^er tributary thereto, in this state, who- or which are 
 prohibited from engaging or being employed in said 
 business by laws of this state in force at the time of the 
 adoption of this act. 
 
 24. ISTothing in this act shall be interpreted to Title to land 
 strengthen, confirm or verify the title of any person to armed 
 any lands lying under the tidal waters of the Delaware ^^^ ^' 
 river or Delaware bay, above the line running direct from 
 
 the mouth of Straight creek to Cross Ledge lighthouse, 
 and commonly known as the "southwest line." 
 
 25. Any person or persons violating any of the pro- Penalty for 
 visions of this act, or the provisions of any other law of ^ ^ " 
 this state regulating the taking, planting or cultivating 
 
 of oysters in the Delaware river, Delaware bay or Mau- 
 rice river cove, in force and not repealed by this act, shall 
 be deemed guilty of a misdemeanor, and on conviction 
 thereof shall be punished by a fine not exceeding one 
 thousand dollars, or imprisonment in state prison not 
 exceeding three years, or both, at the discretion of the 
 court. 
 
 26. All acts and parts of acts, general or special, in- Repealer, 
 consistent with the provisions of this act, are hereby re- 
 pealed, and this act shall take effect immediately. 
 
36 
 
 STATUTE LAW OF ITEW JERSEY 
 
 p. L. 1905, 
 p. 65. 
 Season for 
 taking oys- 
 ters above 
 southwest 
 line. 
 
 Unlawful 
 to have or 
 sell. 
 
 Season be- 
 low south- 
 west line. 
 
 Protection 
 of oysters. 
 
 A Supplement to an act entitled "An act for the better 
 regTilation and control of tlie taking, planting and 
 cultivating of oysters on lands lying under tlie tidal 
 waters of the Delaware bay and Maurice river cove, 
 in the state of l^ew Jersey," approved March twen- 
 ty-fourth, one thousand eight hundred and ninety- 
 nine. 
 
 Approved March 21, 1905. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. ISTo oyster shall be dredged for, caught or taken 
 from any of the lands lying under the tidal waters of 
 the Delaware river, Delaware bay or Maurice river cove, 
 above a line running direct from the mouth of Straight 
 creek to Cross Ledge lighthouse, and commonly known 
 as the "southwest line," except from and including the 
 first day of May to .and including the thirtieth day of 
 June of each year. 
 
 2. It shall be unlawful to have in possession, sell or 
 offer for sale any oysters caught or taken from any nat- 
 ural oyster bed or ground where oysters naturally spawn 
 and grow under the tidal waters of the Delaware river, 
 Delaware bay or Maurice river cove above the said 
 "southwest line," except from and including the first day 
 of May to and including the thirtieth day of June of each 
 year. 
 
 3. 'No oysters shall be dredged for, caught or taken 
 from any of the lands lying under the tidal waters of^ the 
 Delaware bay and Maurice river cove below a line run- 
 ning direct from the mouth of Straight creek tO' Cross 
 Ledge lighthouse, and commonly known as the "southwest 
 line," at any time except from the first day of September 
 to the thirtieth day of June then next, both inclusive, of 
 each year ; but the oyster superintendent or any member 
 of the state oyster commission may, upon application, 
 give permission, in writing, to any lessee or lessees of 
 oyster grounds to employ such methods for the' protection 
 of his or their oysters on said grounds and for the pro- 
 
KELATIVE TO CLAMS A:NJ) OYSTEES. 37 
 
 motion of the growth thereof during said closed season 
 as the said superintendent or state oyster commission may 
 deem advisable ; but no oysters shall be permanently re- 
 moved from said grounds during said closed season. 
 
 4. Any i^erson or persons who shall hereafter dredge Trespnss- 
 
 ing a mis- 
 
 upon or throw, cast or drag an oyster dredge, or any demeanor, 
 other instrument or appliance used for catching oys- 
 ters, upon any of the lands of the state lying under the 
 tidal waters of the Delaware bay or Maurice river cove, 
 in this state, below the said "southwest line," other than 
 land or ground for which such person or persons then 
 hold a lease from the state oyster commission, under the 
 act to which this is a supplement, or the several acts 
 amendatory thereof or supplementary thereto, shall be 
 guilty of a misdemaenor. 
 
 5. The oyster superintendent, or any member of the Permission 
 
 . , , " . . T x- • to inspect 
 
 state oyster commission, may, upon application, give per- unieased 
 mission, in writing, to any prospective lessee or lessees "^ 
 of any unieased oyster ground or grounds, to examine 
 and inspect, with proper appliances, any of the unieased 
 lands of the state, below said "southwest line" for the 
 purpose of determining the suitability or adaptability of 
 such lands for oyster culture or propagation, but no oys- 
 ters shall be permanently removed from any such lands 
 by virtue of any such permit. 
 
 6. j^one of the foregoing sections shall apply to any Application 
 creek tributary to said Delaware bay, Delaware river or 
 Maurice river cove, nor shall any of the foregoing pro- 
 visions be construed to prohibit the taking at any time of 
 oysters with rakes or forks on what is commonly known 
 
 as the Cape Shore, in Cape May county. 
 
 7. Any person violating any of the provisions of this penalties, 
 act shall be guilty of a misdemeanor. 
 
 8. The members of the state oyster commission, the Right to ■ 
 oyster superintendent and the several captains or masters ^^^^^ ' 
 
 of giiard-boats, are hereby empow^ered, and it shall be 
 their duty, on view, without special warrant issued for 
 that purpose, to arrest any person engaged in the viola- 
 tion of any of the provisions of this act, or the provisions 
 of any other law of this state regulating the taking, 
 planting or cultivating of oysters in the Delaware river. 
 
38 
 
 STATUTE LAW OF Is^EW JEESEY 
 
 Revocation 
 of license. 
 
 Repealer. 
 
 Delaware bay, or Maurice river cove, in force and not 
 repealed by this act. 
 
 9. It shall be the duty of the state oyster commission 
 to revoke the license of any boat or vessel, the owner, 
 captain, master or person in charge of which shall violate 
 or cause or permit to^ be violated any of the pro- 
 visions of this act, or the provisions of any other 
 law of this state regulating the taking, planting or 
 cultivating of oysters in the Delaware river, Delaware 
 bay or Maurice river cove, in force and not repealed by 
 this act ; and said commission shall have power to refuse 
 thereafter to allow any license to be issued to such boat 
 or vessel for such period of time as the commission may 
 fix and determine. 
 
 10. All acts and parts of acts inconsistent with this 
 act are hereby repealed, and this act shall be deemed a 
 public act and take effect immediately. 
 
 p. L. 1905, 
 p. 460. 
 Lands ex- 
 empt from 
 lease. 
 
 Proviso. 
 
 A Supplement to an act entitled "An act for the better 
 regulation and control of the taking, planting and 
 cultivating of oysters on lands lying in the tidal 
 waters of the Delaware bay and Maurice river cove, 
 in the state of l^ew Jersey," approved March twenty- 
 fourth, one thousand eight hundred and ninety-nine. 
 
 Approved May 11, 1905. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. That hereafter no lease shall be made by the state 
 oyster commission of the state of 'New Jersey for any 
 lands under the waters of the Delaware bay southwesterly 
 of a line northwest from the mouth of Green creek, Cape 
 May county, to the intersection of such line with a line 
 running direct from the mouth of Dennis creek to 
 Brandywine lighthouse; provided, hoiuever, that this 
 prohibition shall not apply to any territory which was 
 under lease from the state oyster commission of the state 
 of IsTew Jersey on the first day of February, one thousand 
 nine hundred and five. 
 
 2. This act shall take effect immediatelv. 
 
EELATIVE TO CLAMS Al^B OYSTEKS. 39 
 
 A Sn23plement tO' an act entitled "An act to amend an 
 act entitled 'An act for the better regulation and 
 control of the taking, planting and cultivating of 
 oysters on lands lying under the tidal waters of 
 the Delaware bay and Maurice river cove, in the 
 state of ISTew Jersey/ approved March twenty-fourth, 
 one thousand eight hundred and ninety-nine, and 
 foT the better enforcement of the provisions of said 
 act, and to extend the provisions of said act to lands 
 lying under the tidal waters of the Delaware river," 
 which said amendatory act was approved March 
 twenty-second, one thousand nine hundred and one, 
 providing for the better enforcement of the provi- 
 sions of said amendatory act and the original act 
 entitled "An act for the better regulation and con- 
 trol of the taking, planting and cultivating of 
 oysters on lands lying under the tidal waters of 
 the Delaware bay and Maurice river cove, in the 
 state of ISTew Jersey," approved March twenty- 
 fourth, one thousand eight hundred and ninety- 
 nine, and extending the provisions of said amenda- 
 tory act, and extending the provisions of said origi- 
 nal act to certain lands under the tidal waters in 
 Raritan bay, in the state of ISTew Jersey, to wit, 
 lands comprehended by the following lines: Begin- 
 ning at the watch house at Canaskonk Point, on the 
 shore of Raritan bay ; thence in a straight line to 
 the government buoy, known as East Point buoy; 
 thence on a true course west southwest to the point 
 Ayhere said course intersects a line drawn on a course 
 due north from Cliffwood Point; thence on a true . 
 course south to Cliffwood Point; thence along the 
 shore line to the place of beginning. 
 
 Approved March 25, 1902. 
 
 Be it enacted hy the Senate- and General Assembly 
 of the State of New Jersey: 
 
 1. The provisions of the act to which this act is a p. l. i902, 
 supplement, and also the provisions of an act entitled Protection to 
 "An act for the better regulation and control of the tak- extended. 
 
40 STATUTE LAW OF A^EW JEKSEY 
 
 ing, planting and cnltivating of oysters on lands lying 
 under the tidal waters of the Delaware bay and Maurice 
 river cove, in the state of JSTew Jersey," approved March 
 twenty-fourth, one thousand eight hundred and ninety- 
 nine, be and the same hereby are extended to certain 
 lands lying under the tidal waters of Raritan bay, in the 
 state of E"ew Jersey, to wit, lands comprehended by the 
 following lines : Beginning at the watch house at Canas- 
 konk Point, on the shore of Raritan bay; thence in a 
 straight line to the government buoy known as East Point 
 buoy ; thence on a true course west southwest to the point 
 where said course intersects a line drawn on a course due 
 north from Cliffwood Point; thence on a true course 
 south to Cliffwood Point; thence along the shore line to 
 the place of beginning. 
 
 A Supplement to an act entitled "A supplement to an 
 act entitled ^An act for the better regulation and 
 control of the taking, planting and cultivating of 
 oyster on lands lying under the tidal waters of the 
 Delaware bay and Maurice Eiver cove, in the State 
 of jSTew Jersey,' approved March twenty-fourth, 
 eighteen hundred and ninety-nine," which said sup- 
 plemental act was approved March twenty-first, one 
 thousand nine hundred and five, and extending the 
 provisions of said supplemental act, and extending, 
 the provisions of said original act to certain lands 
 under the tidal waters in Raritan bay, in the State 
 of ]^ew Jersey, to wit, lands comprehended by the 
 following lines : Beginning at the watch-house at 
 Canaskonk point, on the shore of Raritan bay; 
 thence in a straight line to the government buoy, 
 known as East Point buoy; thence on a true course 
 west southwest to the point where said course inter- 
 sects a line drawn on a course due north from Cliff- 
 wood point ; thence on a true course south to Cliff- 
 wood point ; thence along the shore line to the place 
 of beginning. 
 
RELATIVE TO CLAMS AND OYSTERS. 41 
 
 Approved May 25, 1905. 
 
 Be it enacted by the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. The provisions of the act tO' which this act is a sup- p. l. 1905, 
 plemeiit, and also the p'rovisions of an act entitled "An provisions 
 act for the betteT regulation and control of the taking, tended!^ 
 planting and cultivating of oysters on lands lying under 
 
 the tidal waters of the Delaware hay and Maurice River 
 cove, in the State of I^Tew Jersey," approved March 
 twenty-fourth, one thousand eight hundred and ninety- 
 nine, he and the same hereby are extended to certain 
 lands lying under the tidal water of Raritan bay, in the 
 State of JSTew Jersey, to wit, lands comprehended by the 
 following lines : Beginning at the watch-house at Canas- Raritan 
 konk point, on the shore of Raritan bay; thence in a trict. 
 straight line tO' the government buoy, known as East 
 Point buoy; thence on a true course west southwest to 
 the point where said course intersects a line drawn on a 
 course due north from Cliffwood point ; thence on a true 
 course south to Cliffwood point; thence along the shore 
 line to the place of beginning. 
 
 2. It shall be lawful for the lessees of lands described when oys- 
 
 1 T • II- 1 1 • 1 1 ^^^^ taken. 
 
 m the next preceding section and lying under the tidal 
 waters in Raritan bay to catch and take oysters during 
 all or any of the months of the year, and before sunrise 
 and after sunset; provided^, a special permit in writing proviso, 
 is first had and obtained from the oyster superintendent. 
 
 3. In recognition of the increased work entailed upon salary of 
 
 ovstGr su- 
 
 the oysteir superintendent by reason of the passage of this periuten- 
 act, he shall hereafteir receive additional compensation 
 of salary, determined by the oyster commission, which 
 shall not exceed thirteen hundred dollars per annum, and 
 which shall be paid in equal monthly payments. 
 
 4. Hereafter the oyster commission shall consist of fomm^s-^*^^ 
 four members instead of three, whose qualifications for ^^o^^^i's. 
 office, appointment, compensation, salary and duties shall 
 
 be the same in all respects as is provided in the act to 
 which this act is a supplement. 
 
42 STATUTE LAW OF Is^EW JEESEY 
 
 Quorum. g^ Three members of said oyster commission shall con- 
 
 stitute a quorum at any meeting thereof, and any official 
 act shall be valid which has been authorized by a majority 
 of the commissioners at any stated or special meeting 
 
 Term. thereof. The oyster commissioners shall hereafter each 
 
 b© appointed for a term of three: years, and the four 
 members now constituting the oyster commission shall 
 continue to hold oflfice during the term and time for which 
 they have been respectively appointed, (a) 
 
 6. This act shall be deemed a public act and take effect 
 immediately. 
 
 A Further Supplement to an act entitled "A supplement 
 to an act entitled 'An act for the better regulation 
 and control of the taking, planting and cultivating 
 of oysters on lands lying under the tidal waters of 
 the Delaware bay and Maurice river cove, in the 
 State of ISTew Jersey,' approved March twenty- 
 fourth, one thousand eight hundred and ninety- 
 nine," which said supplemental act was approved 
 March twenty-first, one thousand nine hundred and 
 five, and which supplement thereto was approved 
 May twenty-fifth, one thousand nine hundred and 
 five, and extending the provisions of said supple- 
 mental act, and extending the provisions of said 
 original act, to certain lands under the tidal waters 
 in Raritan bay, in the State of 'New Jersey, to 
 wit: lands comprehended by the following lines: 
 Beginning at the watch-house at Canaskonk point, 
 on the shore of Raritan bay; thence in a straight 
 line to the government buoy, known as East Point 
 buoy; thence', on a true course west southwest, to 
 the point where said course intersects a line drawn 
 on a course due north from Cliffwood point ; thence, 
 on a true course south, to Cliffwood point; thence 
 along the shore line to the place of beginning. 
 
 (a) See sections 2, 3, 4 and 5 of act of 1902 (P. L. 1902, p. 62), 
 which are identical with similar numhered sections of this statute. 
 
EELATIVE TO CLAMS AIs^D OYSTEES. 43 
 
 Approved April 22, 1907. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. Tlie provisions of the act to which this act is a sup- p. l.jqot, 
 plement, and also the provisions of an act entitled "An Act for pro- 
 act for the better regulation and control of the taking, oysters ex- 
 planting and cultivating of oysters on lands lying under iiaritanbay 
 the tidal vs^aters of the Delaware bay and Maurice river qaakecl^ek. 
 cove, in the State of ^ew Jersey," approved, March 
 twenty-fourth, one thousand eight hundred and ninety- 
 nine, be and the same hereby are extended to certain 
 
 lands lying under the tidal waters of Raritan bay and 
 Cheesequake creek, in the State of ISTew Jersey, to wit: 
 lands comprehended by the following lines : Beginning 
 at the watch-house at Canaskonk point, on the shore of 
 Raritan bay; thence, in a straight line, to the govern- 
 ment buoy, known as East^Point buoy ; thence, on a true 
 course west southwest, to the south side of the boundary 
 beacon; thence, on a true course west northwest, to the 
 south side of the Great Beds light ; thence to Conover's 
 point on the shore of Raritan bay; thence along the 
 shore line to Cheesequake creek, including all of Cheese- 
 quake creek and its tributaries, Travis creek and Flat 
 creek; thence from the government jetty at Cheesequake 
 creek along the shore line to the place of beginning. 
 
 2. This act shall be deemed a public act and take effect Repealer, 
 immediately. 
 
 IV. OYSTER LAW RELATING TO CREEKS 
 
 TRIBUTARY TO DELAWARE BAY 
 
 A^D MAURICE RIVER COVE. 
 
 An Act for the better protection and preservation of the 
 oyster industry in the creeks and rivers along the 
 shores of Delaware bay and Maurice river cove. 
 
 1. All persons holding a tonger's license as hereinafter p. l. 1897, 
 provided to engage in the catching of oysters on the beds "bViaware 
 and in the creeks and rivers of Delaware bay and Maurice t(fngers'''*'asso- 
 river cove, hereinafter named, are hereby authorized to §an^ization,'^' 
 
 &c. 
 
44 
 
 STATUTE LAW OF ^^EW JERSEY 
 
 Collector 
 board of 
 directors. 
 
 and 
 
 Organization 
 of board of 
 directors. 
 
 P. L. 1899, 
 p. 265. 
 Collector. 
 
 meet in the town of Port iSTorris, in the county of Cum- 
 berland, on the second Monday in March, in each and 
 every year, at the hour of ten o'clock in the forenoon, and 
 there to organize by the election of three of their number 
 as judges of election and one of their number as secretary, 
 who shall keep a true record of the proceedings of said 
 meeting, and when the said meeting shall be so organized, 
 the said license holders shall proceed to elect, by ballot, 
 for whijch purjDose the ballot shall remain open three 
 hours, a collector and five of their number who shall act as 
 a board of directors to transact all business of the associa- 
 tion, and who shall serve for one year, or until their suc- 
 cessors are elected, and this organization shall be known 
 as the "Delaware bay oyster tongers' association;" the 
 purpose of which association shall be to aid in the propa- 
 gation and preservation of oysters in the creeks and rivers 
 hereinafter named, and in securing to all citizens of the 
 state free access thereto. 
 
 2. That on and after the passage of this act the follow- 
 ing named persons : William Yates and Charles Mc- 
 Daniels, of Port jSTorris ; David Claypoole, of Cedar- 
 ville ; Vincent B. Tubman, of Dividing Creek ; John 
 Eobson, of Leesburg ; Peter Campbell, of I*Tewport ; Bur- 
 ton Howell, of Dias Creek, and Peeves Douglass, of Dias 
 Creek, be appointed, the first named to serve as collector, 
 and the others as board of directors, until their successors 
 are regularly elected, the dutiesi of said collector and board 
 of directors to be as hereinafter named. 
 
 3. The said board of directors shall immediately, upon 
 notice of their appointment or election, meet at Port 
 ISTorris, in the county of C'umberland, and there organize 
 by the election of one of their number as chaarman and 
 one as secretary, who- shall keep a correct record of all 
 business transacted by the board of directors in a book 
 provided for the purpose, which book shall, at all reason- 
 able times, be open to thci inspection of any person hold- 
 ins: license from the association. 
 
 4. The said board of directors shall require said col- 
 lector of the: association, before, entering upon the duties 
 of his office, to give bond in the sum of twoi thousand 
 
EELATIVE TO CLAMS AND OYSTEES. 45 
 
 dollars, with two responsible freeliolders as security, for 
 the faitliful performance of his duties, s'aid bond toi be 
 approved by the board of directors; said collector shall, 
 upon the p'reseoitation of siatisfactory evidence., and upon 
 the payment of a, license fee of three dollars, issue toi any 
 person resident of this state a, licensei to engage in the 
 businsss of tonging in the creeks and rivers tribuatry to 
 Delaware bay, and noi person not holding such license 
 shall at any time engage in thei business^ of tonging oysters 
 except as hereinafter provided in section eleven of this 
 act; upon the expiration of his- term, of office' said col- 
 Ic'CtoT shall deliver all moneys, books, vouchers, receipts, 
 writings' o^r other' property of the association toi his propi- 
 erly qualified succeissor; and said collector shall receive 
 as compensation for performing the duties of his office 
 the sum of twenty-five centsi for eiach and every license 
 so issued by him. 
 
 5. The said board of directors shall be and they are p. l. i897, 
 hereby authorized and empowered tO' superintend the' ex- Duties' of 
 penditure of all moneys of the association, tO' audit and ^^^^ °^^" 
 inspect the' books', accounts, bills, receipts and piapersi of 
 
 every kind of said collector, and the said collector shall, 
 upon the request of said bo'ard of directors or' majority 
 of the mcimbers thereof, produce for the examination of 
 said board of directorsi, his books', accounts, bills,, vouchers 
 and other writings touching the administration of the 
 office of said collector, and shall not, pay out any moneys 
 received by him without the written, order of the chair- 
 man of the board of directors, properly attested by the 
 secretary thereof. 
 
 6. The said bo'ard of directors shall have the power and Further 
 
 1 11 1 • 1 nn • duties of 
 
 they are hereby authorized to nil any A^acancy occurring directors. 
 in the office of collector or in said bo^ard of directorsi by 
 reason of death, resig:nation or otherwise; but no person 
 shall be appointed to fill such vacancy in said bo-ard of 
 directors who is not qualified for election under the pro- 
 visions of the first section of this act ; said board of 
 directors shall hold an annual meeting on the first Satur- 
 day in June, at which meeting seventy-five per centum of 
 all moneys in the collector's hands shall be appropriated 
 
46 
 
 STATUTE LAW OF NEW JEESEY 
 
 Audit, pre- 
 pare and 
 publish 
 statement. 
 
 Quorum and 
 compensa- 
 tion. 
 
 P. L 1899, 
 p. 265. 
 Use of cer- 
 tain tools 
 forbidden. 
 
 P. L. l.«09, 
 p. 265. 
 Closed 
 season. 
 
 for the purpose of pureliasing and planting shells in such 
 creeiks! and rivers as may be designated by a majority of 
 the said directors, at which meeting a committee of their 
 number shall be appointed to superintend the purchase 
 and planting of said shells. 
 
 7. The said board of directors shall meet not later than 
 the first Saturday in March of each year and audit the 
 books and acoountsi of the ooUecitor, at which meeting an 
 itemized statement shall be pirepared, showing the receipts 
 and expenditures of the association, which statement shall 
 be read at the meeting on which the election provided for 
 in s^ection first is held, and be published in a newspiaper 
 published in Cumberland county, for three days previous 
 to said meeting, said paper to be designated by said board 
 of directors. 
 
 8. A majority of the members of said board of direc- 
 tors chosen as hereinbefore provided for, shall oonstitute 
 a quorum for the transaction of all business^ and each 
 member of said directorsi shall receive ais compensation 
 the sum: of five dollars for each meeting provided for 
 in this act, and for' any meeting not specially provided 
 for they shall each receive such sums as may be neces- 
 sary to defray the actual expensesi incurred for trans- 
 portation and maintenance. 
 
 9. It shall be unlawful for any person or persons to 
 use or cause to be used any dredge, drag, scrape or patent 
 tongs for the purpose of catching oysters from any of 
 the following-named beds lying along the shore of Dela- 
 ware bay, in the state of !Rew Jersey, namely. Elder 
 Point beds, Andrews' ditch beds. East Point beds, the 
 High beds, Pepper beds. Dividing creek beds, Oranoken 
 creek beds, ]^antuxet creek beds. Beach creek beds. Back 
 creek beds at the mouth of Back creek, Cohansey beds 
 at the mouth of Cohansey river, and in any of the creeks 
 and rivers of this state tributary to the said Delaware 
 bay. 
 
 10. It shall be unlawful for any person or persons to 
 gather, scrape, rake or tong any oysters of any section 
 whatever, in or upon the beds, creeks or rivers of the 
 state of ISFew Jersey, upon the shores of the Delaware 
 
EELATIVE TO CLAMS AND OYSTEES. 47 
 
 bay now in section nine of this act, excepting upon the 
 beds at the month of and in Maurice river, for and dur- 
 ing the period from the fifteenth day of June until the 
 first day of September in each and every year. 
 
 11. Any person, a resident of this state, desiring to p. l._1899, 
 engage in the gathering of oysters with hand tongs from License, 
 the creeks, rivers and beds referred to in section nine of 
 
 this act, for the purpose of selling or planting, shall first 
 obtain a license from the collector of the Delaware Bay 
 Oyster Tongers' 'Association and shall pay for the same 
 the sum of five dollars for each and every license so 
 granted, and no person not having such license shall take 
 more than two bushels of oysters from any of such beds in 
 any one day ; each license so granted shall be good for one 
 year from the date of its issue ; shall be under the hand 
 and seal of such collector, and each license so granted 
 shall be numbered, and the person receiving such license 
 shall have the number thereof printed on the port side 
 of his boat, outside the bow, in black letters on white 
 ground, and each figure thereof shall measure not less 
 than six inches in length and one inch in width ; each 
 license so granted shall state the name and residence of 
 the person to whom granted, and the collector shall fur- 
 nish to each holder of said license a complete list of all 
 licenses so issued by him. 
 
 12. All oysters taken from any of the creeks, rivers or p. l i899, 
 beds affected by the provisions of this act shall be culled oysters 
 in or upon the creeks, rivers or beds whence taken, and taken, 
 all undersized oysters, shells and trash removed from 
 
 such oysters shall be thrown back upon the beds whence 
 the same have been taken. 
 
 13. 'No oysters which measure less than three inches p. l- 1899, 
 
 D 265. 
 
 from hinge to mouth shall at any time be taken from sizeofoys- 
 
 c 1 1 • 1 1 fv 1 1 1 • • ^^^ taken. 
 
 any oi the creeks, rivers or beds aiiected by the provisions 
 of this act, or be in the possession of any person what- 
 ever after being so taken; yrovided, that this shall not Proviso, 
 apply to spat or blisters adhering so closely as to be im- 
 possible to remove without destruction ; but in no case 
 shall this exception amount to more than ten per centum 
 of the bulk of any catch or cargo. 
 
48 
 
 STATUTE LAW OF A^EW JEESEY 
 
 p. L. 1897, 
 p. 355. 
 
 Oyster bushel 
 measure. 
 
 Penalty for 
 using im- 
 proper 
 measure. 
 
 P. L. 1899, 
 p. 265. 
 Lands below 
 tidal water 
 public. 
 
 Proviso. 
 
 Penalty for 
 violation. 
 
 14. All oysters measured in this state shall be meas- 
 ured in a circular bushel tub, with straight sides and 
 straight solid bottom, and said tub shall have the follow- 
 ing dimensions, viz., fifteen inches in diameter across 
 the top from inside to inside, and thirteen inches and 
 three-quarters across the bottom from inside to inside, 
 and twenty inches diagonal from inside chime to top; 
 any person or persons engaged in buying or selling oysters 
 in the shell in this state and measuring the same in any 
 measure contrary to the provisions of this section of this 
 act, shall be deemed guilty of a misdemeanor, and upon 
 conviction thereof shall be punished by a fine of not 
 exceeding one hundred dollars or imprisonment in the 
 county jail not exceeding ninety days, or both, at the 
 discretion of the court ; the proceeds of said fine to go, 
 one-half to the Delaware B'ay Oyster Tongers' Associa- 
 tion and one-half to the informer. 
 
 15. It shall be unlawful for any person or persons, 
 corporation or coi^Dorations, to gTow or plant oysters for 
 their own private use, to the exclusion of the inhabitants 
 of this state, upon any land or lands that lie below the 
 tidal Avaters of any of the creeks, rivers or beds of the 
 state of ISlew Jersey, in, upon or tributary to the Dela- 
 ware bay and affected by the provisions of this act; 
 provided, that the provisions of this act shall in no wise 
 affect or impair any rights, privileges or property which 
 previous to the passage of the act to which this act is 
 amendatory shall have been acquired under an act en- 
 titled "A further supplement to an act entitled 'An act 
 for the preservation of clams and oysters,' " passed the 
 fourteenth day of April, one tkousand eight hundred and 
 forty-six, which said supplement was approved March 
 ninth, one thousand eight hundred and fifty-five. 
 
 16. Any person, company or corporation violating any 
 of the provisions of this act shall be deemed gnilty of a 
 misdemeanor and on conviction thereof shall be punished 
 by a fine not exceeding one hundred dollars or imprison- 
 ment for any term not exceeding six months, or both, at 
 the discretion of the court before which such conviction 
 is had; one-half the fine imposed shall be paid to the 
 
EELATIVE TO CLAMS AND OYSTEES. 49 
 
 collector of tlie Delaware Bay Oyster Tongers' Associa- 
 tion and one-half to the collector of the county where 
 such conviction is had. 
 
 17. If any person, company or corporation shall be seizure and 
 
 , . . . sale of ves- 
 
 found violatino' any of the provisions of this act and for seisvioiat- 
 
 1 ° . 1 » , T ing law. 
 
 that purpose using any boat, rait, scow or other vessel, 
 it shall be the duty of all sheriffs and constables, and 
 shall be lawful for any member or officer of the Delaware 
 Bay Oyster Tongers' Association to seize and secure 
 without warrant or process such boat, raft, scow or other 
 vessel, together with all tackle and implements so used, 
 and immediately thereupon give information to any two 
 justices of the peace of the county, convenient to the 
 j)lace where such, seizure shall be made, who are hereby 
 empowered and required at such time and place as they 
 shall appoint, not less than five nor more than ten days 
 thereafter, summarily to hear and determine the same; 
 and in case such boat, raft, scow or other vessel, with 
 such tackle and implements so used shall be condemned, 
 the same shall be sold by the order and under the direc- 
 tion of said justices, who, after deducting all legal costs, 
 charges and expenses of such seizure, condemnation and 
 sale, shall pay one-half the net proceeds thereof to the 
 collector of the Delaware Bay Oyster Tongers' Associa- 
 tion and the balance to the collector of the county where 
 such sale shall have been made. 
 
 18. If any person or persons on board any such boat, Resistaace to 
 
 'J '- ^ 'J ' officers a mis- 
 
 raft, scow or other vessel shall refusei and not suffer to demeanor. 
 
 enter the same or resist before or after entering, any of 
 the said sheriffs, constables or officer or member of the 
 Delaware Bay Oyster Tongers' Association, or otherwise 
 resist them, or any of them, in the lawful seizing of the 
 same, then every person so offending shall be deemed 
 gTiilty of a misdemeanor, and subject to the penalty here- 
 inbefore provided. 
 
 19. All acts and parts of acts inconsistent with the Repealer, 
 provisions of this act are hereby repealed, and this act 
 
 shall take effect immediately. 
 
 4 
 
50 
 
 STATUTE LAW OF NEW JEKSEY 
 
 p. L. 1900, 
 p. 475. 
 License to 
 gather seed 
 oysters. 
 
 Granting of 
 license. 
 
 Treasurer ; 
 duties, &c. 
 
 An Act for the better preservation of the oyster industry 
 in the creeks and rivers along the shores of Delaware 
 bay and Maurice river cove and the tide-waters of 
 the Atlantic seaboard of the state of I^ew Jersey. 
 
 Approved March 23, 1900. 
 
 B^ IT ENACTED hy the SenMe and General Assembly 
 of the State of New Jersey: 
 
 1. All persons residents of this state desiring to engage 
 in the gathering of seed oysters with hand-tongs or patent 
 tongs, shall first obtain a license from the 'New Jersey 
 oyster and shell commission, and shall pay for the same 
 the sum of two dollars and fifty cents for each and every 
 license so granted, provided that no person without a 
 license shall gather more than two bushels in any one day ; 
 each license so granted shall be for one year from the date 
 of issue and shall be under the hand and seal of a member 
 of the above-named commission; each license so granted 
 shall be numbered, and the person receiving such license 
 shall receive with it a number which shall correspond 
 with the number of his license, which number shall be dis- 
 played on the port side of his boat at the bow, and each 
 license so granted shall state the name and residence of 
 the person to whom said license is granted, a record of 
 which shall be kept by the commission. 
 
 2. The commissioners are hereby authorized to grant 
 said license to any applicant upon presentation of satis- 
 factory evidence of citizenship of this state, and the pay- 
 ment of two dollars and fifty cents, granting to him the 
 privilege of tonging for oysters upon any natural oyster- 
 seed ground of this state, except such as may be occupied 
 by the state for the purpose of propagation. 
 
 3. The commission shall elect one of their number 
 treasurer, who, before entering upon the duties of his 
 office, shall give bond in the sum of three thousand dollars 
 for the faithful performance of his duties, said bond to be 
 approved by the said commission ; it shall be the duty of 
 the treasurer to supervise the granting of all licenses and 
 receive from the several commissioners at the end of each 
 
RELATIVE TO CLAMS AND OYSTEKS. 51 
 
 month all moneys collected by them, paying the same to 
 the treasurer of the state at the end of each quarter; 
 twenty per centum of which shall be available for the 
 payment of all bills incurred in issuing licenses, to be 
 paid by the state treasurer upon warrant of the comp- 
 troller, the comptroller being hereby authorized to issue 
 such warrant upon presentation of bills duly verified by 
 oath or afiirmation. 
 
 4. It shall be unlawful for any person or persons to Taking of 
 use, or cause to be used, any dredge, drag, scrape or other dredge^ &c., 
 instruments except hand-tongs or patent tongs for the bedsun-^ 
 purpose of catching oysters from the following-named ^'^^^"^• 
 beds, creeks and rivers of the state of 'New Jersey, along 
 the shore of Delaware bay, viz. : Elder Point beds, An- 
 drews' ditch beds. East Point beds, the High beds, Pep- 
 per beds. Dividing creek beds, Oronoken beds, l^antuxet 
 creek beds. Beach creek beds, Goshen creek, Dennis creek. 
 East creek. West creek. Dividing creek, Oronoken creek. 
 Straight creek. Fishing creek. Oyster creek, Fortesque 
 creek, Beadon's creek, Sow and Pigs creek. Dare's creek, 
 Padget's creek, ISTantuxet creek. Cedar creek. Back creek. 
 Middle Marsh creek. Stow creek, ITantuxet beds at the 
 mouth of l^Tantuxet creek. Back creek beds at the mouth 
 of Back creek, and Cohansey beds at the mouth of Cohan- 
 sey river, and Maurice river and Cohansey river and the 
 tide-waters of the Atlantic seaboard of the state of New 
 Jersey, and that any person or persons violating any of Penalty for 
 the provisions of this section of this act shall be deemed 
 guilty of a misdemeanor, and upon conviction thereof 
 shall be punished by a fine not exceeding two hundred 
 dollars, or imprisonment in the county jail for a period 
 not exceeding six months, or both, at the discretion of the 
 court; and shall furthermore forfeit the boat used for 
 such imlawful purposes, together with her appliances and 
 appurtenances thereunto belonging ; said boat, her appli- 
 ances and apj)urtenances, to be advertised for thirty days 
 by a commissioner of the district wherein the arrest and 
 seizure of said boat, her appliances and appurtenances, 
 were made, and sold by him to the highest bidder at pub- 
 lic sale, and the proceeds of said sale to be divided, one- 
 
52 
 
 STATUTE LAW OF NEW JERSEY 
 
 Oysters, 
 where culled. 
 
 Planting of 
 oysters below 
 tide-waters 
 in certain 
 districts for 
 private use 
 unlawful. 
 
 Penalty. 
 
 Penalty of 
 violations of 
 certain sec- 
 tions. 
 
 Repealer. 
 
 half thereof to go to the treasurer of the state for the use 
 of the state, and the other one-half in equal proportions 
 to the persons furnishing the evidence necessary to secure 
 a conviction. 
 
 5, All oysters taken from the tide-waters of this state 
 mentioned in section four of this act shall be culled in the 
 creeks, rivers or on the beds where caught, and the shells 
 and trash shall be thrown below low-water mark in said 
 creeks, rivers or on the beds where the oysters were 
 caught. 
 
 6. It shall be unlawful for any person or persons, cor- 
 poration or corporations, to grow or plant oysters for their 
 own private use, to the exclusion of the inhabitants of 
 this state, upon any lands that lie below the tide-waters of 
 any of the creeks, beds or rivers of the state of ISTew Jer- 
 sey, upon the shore of the Delaware bay, named in section 
 four of this act ; that any person or persons, corporation 
 or corporations, violating any of the provisions of this 
 section of this act shall be deemed guilty of a misde- 
 meanor, and upon conviction thereof shall be liable to a 
 fine of not exceeding twoi hundred dollars or imprison- 
 ment in the county jail for a peiriod of six months, or 
 both, at the discretion of the court, and the fine when sO' 
 recovered shall be paid onerhalf to the treasurer of the 
 state for the use of the state, and the^ other one-half in 
 equal proportions' tO' the jDiersons furnishing the necessary 
 evidence! to secure a conviction. 
 
 Y. Any person or peirsons violating any of the pro- 
 visions of sections one, two, threci and five of this act shall 
 be deemed guilty of a. misdemeanor', and upon conviction 
 thereof shall be- punished by a fine of fifty dollars or im- 
 prisonment' in any coiunty jail for a, period of three 
 months, or both, at the discretion of the court. 
 
 8. All acts and parts of a,c1:s inconsistent with this act 
 shall b'e' and the same are in so' far hereby repealed. 
 
EELATIVE TO CLAMS AND OYSTEES. 53 
 
 Siipipilemieiit to an a,ot emtitled "An act for thei better 
 pireseirvation of the oyster industry in tlie' creeks 
 and rivers along the shores of Delaware bay and 
 Maurices river cove and the tide waters of the 
 Atlantic seaboard of the state of ISTew Jersey," 
 approved Maircli twenty-third, one thonsiand nine 
 hundred. 
 
 Approved April 9, 1902. 
 
 Be it EisTACTED hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. It shall be unlawful for any personi or personsi to p. .l. 1902, 
 use, or cause to be used, any dredge, drag, scrape or Taking oys- 
 other instrument except hand tongs for the purpose of dredge, &c., 
 catching oysters from' the following named bedsi, oreeks: bedTun- 
 and rivers, of thei state of JSTew Jersey, along the shore; ^^ ^ ' 
 of Delaware bay, viz., Elder' Point beds, Andrews' ditch 
 beds, East Point beds, thei High beds;. Pepper bedsi. 
 Dividing creek bedsi, Oronoken. beds, ISTantuxet creek 
 beds. Beach creek beds, Go'shen creek, Dennis creek, 
 East creek, Wc'St creek, Dividing creek, Oronoken creek. 
 Straight creek, Eishing creek, Oyster creek, Eortescuei 
 creek, Beadon's creek. Sow and Pigs creek, D'are's creek, 
 Padget's creek, ISTantuxet creek. Cedar creek. Back creek, 
 Middle Marsh creek. Stow cre'ck, jSTantiUxet, bedsi at the 
 mouth of JSFantuxet creek, Back creek beds at thei mouth 
 of Back creek, and Cbhansey beds at the mouth of 
 Cohansey river, and Maurice river and Cdhanseiy river, 
 and the tide waters of the^ Atlantic seaboard of the 
 state of New Jersey; and no licensei shall be issued by 
 any comniiission or state official contrary to the provi- 
 sions of this: act; any person or persons violating any Penalty for 
 
 » , . . P 1 . , n n 1 1 1 M c violation. 
 
 01 the provisions of this act snaii be deemed guilty of 
 a. misdemeanor, and upon conviction thereof shall be 
 punished by a fine not exceeding twoi hundred dollars, 
 or imprisonment in the county jail for a period not 
 exceeding six monthsi, or both, at the discretion of the 
 court; and shall furtheirmorei forfeit the boat used for 
 such unlawful piurpoaes, to'gether with her' appliances' 
 and appurtenances thereunto belonging; said boat, her 
 
54 
 
 STATUTE. LAW OF I^EW JEESEY 
 
 appliances and appurtenances, to be advertised for thirty 
 days by a commissioner of the district wherein the arrest 
 and seizure of said boat, her appliances and appurte- 
 nances, were made, and sold by him toi the highest bidder 
 at public sale, and the proceeds' of said sale tO' be divided, 
 onef-half thereof to go to the treasurer of the state for the 
 us© of the state!, and the other one-half in equal propor- 
 tions tO' the persons furnishing the^ evidence necessary tO' 
 secure a conviction. 
 
 2, This act shall take effect immediately. 
 
 OYSTEK ACT APPLICABLE TO SHAEK EIVEK. 
 
 p. L. 1905, 
 
 p. 27. 
 
 Boundaries 
 of Shark 
 rivex clam 
 and oyster 
 district. 
 
 An Act for the regulation, protection and control of the 
 planting, cultivating and the gathering or taking of 
 oysters and clams on lands covered with water in 
 Shark river, in the county of Monmouth. 
 
 Approved March 7, 1905. 
 
 Be it enacted hy the Senate and General Assembly 
 of the Stoite of New Jersey: 
 
 1. All the: lands of the state of 'New Jersey covered 
 with water in Shark river, in the county of Monmouth, 
 within the following boundaries, to wit: Beginning at 
 low-water mark at Pearch Point, in the township of Ne^- 
 tune, in said county; thence running in a straight line 
 to Beckey's (or Buckey's) Point, in the township of 
 Wall, in said county ; thence up' the shores at low-water 
 mark (crossing the mouths of all brooks that empty intO' 
 said river) as high upi the said river as the tide flows, or 
 as may be deemed suitable to the growth of oysters and 
 clams; thence beginning again at low-water mark at 
 Pearch Point, in the township of JSTeptune aforesaid, and 
 running thence in a straight line to Beckey's (or 
 Buckey's) Point, in the townshipi of Wall aforesaid; 
 thence do^vn the shores at low water and on a line with 
 the east end of what was formerly known as James W. 
 White's dwelling-house; thence northerly and on a 
 straight line to a stake standing at low-water mark on 
 the west side of Long Point, opposite Yellow Bank, in 
 
EELATIVE TO CLAMS AND OYSTEES. 55 
 
 tlie townskip of ISTeptune; thence up the shore of said 
 river at low-water mark to the beginning; also all that 
 cove knoMTi as Mushquash cove, north of a line from what 
 was formerly known as Doctor Miller's residence to 
 Sedge island bar ( all of which lands were formerly occu- 
 pied by the county of Monmouth under the provisions of 
 an act entitled ''An act to authorize the planting of oys- 
 ters on lands covered Wiith water in Shark river, in the 
 county of Monmouth, and for the protection of the 
 same," approved March fourteenth, one thousand eight 
 hundred and sixty-one, and the supplements and amend- 
 ments thereto ; which occupany has expired by limita- 
 tion) , shall hereafter bei known as the Shark river oyster 
 and clam district, in the county of Monmouth, and shall 
 be under the exclusive jurisdiction, regTilation and con- 
 trol of an oyster and clam commissioner tc be known as 
 the oyster and clam commissioner of the district of Shark 
 river, in the county of Monmouth; said commissioner commis- 
 shall be a citizen of the state of IsTew Jersey and resident 
 within the townshipi of IST'eptune, or the township of 
 Wall, in said county, and shall be appointed and com- 
 missioned by the governor of this; state for the term of 
 three years ; he shall hold office until the appointment Term, oath, 
 and qualification of his successor, and before entering 
 upon his duties he shall file with the secretary of state an 
 oath that he will faithfully discharge the duties of his 
 ofiice (which oath may be taken before any person au- 
 thorized to take oaths and affirmations in this state), to- 
 gether with a bond, with good and sufficient surety, in 
 the sum of one thousand dollars, conditioned for the faith- 
 ful performance of his duties, which bond shall be first 
 approved by the law judge of the county of Monmouth. 
 
 2. The surveys and maps heretofore made of said land Surveys and 
 
 ■^ ^ maps 
 
 and the stakes set under the provisions of the act re- adopted, 
 ferred to in the first section of this act shall be and hereby 
 are adopted for the purpose of leasing the same under ■ 
 this act, as hereinafter provided, by the said commis- 
 sioner, and the same shall be leased by him in accordance 
 therewith, that is to say, by the tract or parcel indicated 
 thereon and thereby; but should any of said land not Further 
 
 '^ ' surveys. 
 
56 
 
 STATUTE LAW OF XE,W JEESEY 
 
 Leases. 
 
 Proviso. 
 
 Failure to 
 pay rental 
 to forfeit 
 right. 
 
 Notice to 
 show cause. 
 
 have been surveyed, mapped or staked under the provi- 
 sions of said act said commissioner shall proceed to have 
 the same done, the expense thereof to be defrayed out of 
 the rentals by him received as hereinafter provided; the 
 commissioners appointed under the act to which reference 
 is made in the first section hereof shall turn over and de- 
 liver to the commissioner appointed under this act all the 
 maps, surveys, leases and records in their possession relat- 
 ing to said land and their duties under said prior act. 
 
 3, The said commissioner shall have power, and he is 
 hereby directed, to lease and rent at public auction to the 
 highest bidder or bidders for a period not exceeding ten 
 years, or by private contract for a like period, the tracts 
 or parcels of land included within the boundaries de- 
 scribed and set forth in the first section of this act as the 
 same appear upon the maps, sur^^eys or by the stakes here- 
 tofore made and set as referred to in the last preceding 
 section ; provided^, however, that if said leasing be by 
 j)rivate contract the annual rental shall not be less than 
 fifty cents nor more than three dollars per acre, or frac- 
 tion thereof ; the lessee or lessees of said tracts or parcels 
 of land shall, in all cases, be citizens of the state of ^ew 
 Jersey resident within the county of Monmouth, and 
 shall pay the rent agreed to be paid for each tract or par- 
 cel of land annually, in advance, during the term for 
 which the same may be or are leased ; failure to pay said 
 rentals, or any of them, at the time or times stipulated 
 shall cause the lease or leases of the person or persons so 
 failing to pay the same to become forfeited, and the right 
 of said person or persons to the land thereby leased to 
 cease; and the said commissioner shall cause the said 
 lease or leases upon which the said rent is due and unpaid 
 as aforesaid to be canceled upon the books to be by him 
 kept as hereinafter provided, and said forfeited land 
 may be thereafter leased to any citizen of this state 
 resident in said county as above provided ; but be- 
 fore said lease or leases shall be canceled and the 
 right of any person or persons to the land held there- 
 under shall be forfeited as above set forth the said 
 
EELATIVE TO CLAMS AXD OYSTEES. 5Y 
 
 commissioner shall cause notice to be personally served 
 upon said lessee or lessees directing him, her or them 
 to appear before said commissioner, at a place tO' be 
 designated within the said townships of JSTeptune or 
 Wall, in said county, within thirty days from the date 
 of serv'ice of said notice, and show cause, if any there 
 be, why said lease or leases should not be canceled, and 
 why the right of said lessee or lessees to longer hold 
 said land thereunder should not be forfeited ; and if commis- 
 
 / sioner may 
 
 such lessee or lessees so appear and show sufficient cause accept rental 
 
 ^^ . , at hearing. 
 
 why said rental has not been paid, and why said 
 right to said land should not be forfeited, and at the 
 same time tender the money due for said rental and 
 pay the costs of the said notice, the said commissioner 
 shall accept said moneys and the rights of said lessee 
 or lessees shall not be forfeited because of such failure 
 
 to pav said rental; and in case of the failure of said Cancellation 
 T T T , „ of lease, 
 
 lessee or lessees to so appear and show cause as afore- 
 said the said lease or leases shall be canceled, as above 
 provided, and the right of said person or persons to 
 longer hold said leased land shall be declared by the 
 said commissioner tO' be forfeited in the manner afore- 
 said; and the said commissioner shall, in such case, fix 
 a sufficient time within which the oysters and clams 
 upon said forfeited land shall be removed by the 
 person or persons owning the same, and shall cause 
 notice of the time so fixed to be personally served upon 
 said person or persons, and the said land shall not be 
 leased to any other person or persons until after the 
 expiration of the time so fixed ; whenever personal ser- Notice, how 
 
 sGrvGd. 
 
 vice of any notice is herein required, and the lessee or 
 lessees shall, at the time of said service, be absent from 
 the state, said commissioner shall cause a copy of said 
 notice or notices to be published in at least one news- 
 paper published in the county of Monmouth and cir- 
 culating within the townships of l^eptune and Wall afore- 
 said for a period of at least four weeks ; which publica- 
 tion shall be deemed of the same force and effect as 
 though said notice or notices had been personally served. 
 
58 
 
 STATUTE LAW OF l^EW JERSEY 
 
 Prior jigMs 
 of present 
 
 lessees. 
 
 Proviso. 
 
 Removal of 
 clams and 
 oysters. 
 
 Exclusive 
 right of oc- 
 cupation. 
 
 4. Any person or persons in j)ossession of any of the 
 tracts or parcels of land included within the boundaries 
 set forth in the first section of this act, under a lease or 
 leases heretofore executed under the provisions of the act 
 to which reference is therein made, and the supplements 
 and amendments to said act, shall, at the expiration of 
 such lease or leases (for which time the rights and privi- 
 leges under which lease or leases are hereby preserved to 
 such person or persons), and upon a resale of said tracts 
 or parcels of land by the said commissioner under the 
 next preceding section of this act, have the preference, or 
 prior right, to a new lease or leases therefor at the annual 
 rental or rentals which may be bid therefor, if the same 
 shall be put up at public auction, or at private contract, 
 if that method shall be pursued by said commissioner; 
 provided, that application therefor, in writing, be filed 
 with the said commissioner within thirty days after the 
 expiration of such lease or leases, in default of which 
 said commissioner shall have the power thereafter to lease 
 said tracts or parcels of land in the manner and form 
 hereinabove provided ; and at the expiration of any lease 
 granted under the provisions of this act, the same may 
 be renewed in like manner; and in the event that any 
 of said leases are not renewed the said commissioner shall 
 fix 'the time within which the oysters and clams upon 
 the tract or parcel of land covered by such lease shall be 
 removed by the person or persons ovwaing the same, and 
 he shall cause notice of said time so fixed to be personally 
 served in the manner and form hereinabove provided 
 upon the person or persons aforesaid, and the said tracts 
 or parcels of land shall not be leased to others until after 
 the expiration of the time so fixed. 
 
 5. Upon the execution of any lease or leases for any 
 tract or parcel of land under the provisions of this act, 
 and upon the payment of the rental at the time and in 
 the manner stipulated, the lessee or lessees and his, her or 
 their legal representatives shall be entitled to the exclusive 
 use and occupation of the said tract or parcel of land 
 during the term for which the same shall be leased for 
 
EELATIVE TO CLAMS AND OYSTEES. 59 
 
 the piiri30se of planting, growing, cultivating and taking 
 or gathering oysters and clams thereon, subject to the 
 said commissioner's right of forfeiture, as hereinabove 
 provided. 
 
 6. It shall not be lawful for any person or persons who may 
 whatsoever, other than the lessee or lessees, aforesaid and gather, &c. 
 their legal representatives, to plant, gather, take, injure 
 
 or destroy any oysters or clams within the boundaries of 
 any tract or parcel of land leased or rented, as herein 
 provided, during the term or terms for which the same 
 may be leased or rented, without the written permission 
 or consent of the said lessee or lessees, or his or their 
 legal representatives first had and obtained; and if any Liability 
 
 , „ . 1 . -11 1 • fortrespas- 
 
 person or persons shall enter withm said boundaries sing. 
 without such permission or consent and injure, gather, 
 take, or destroy any oysters or clams therein planted and 
 growing, or commit any trespass thereon, he, she or they 
 so trespassing shall be liable to the party injured for the 
 first offense in treble damages, to be recovered in an action 
 of trespass in any court having competent jurisdiction 
 thereof ; and for the second offense shall be deemed guilty 
 of a misdemeanor, and upon conviction shall be punished 
 by a fine not exceeding one hundred dollars, or imprison- 
 ment in the county jail not exceeding three months, or 
 both. 
 
 7. Said commissioner shall keep an accurate record of ^^^^^^ 
 all leases of any of the tracts or parcels of land by him 
 leased under the provisions of this act, which record shall 
 
 be known as a book of leases ; he shall also keep a record 
 of his ofiicial acts and proceedings, and shall collect and 
 receive all moneys due and' to become due from time to 
 time for rentals of the tracts and parcels of land under 
 the leases herein provided for, or from any other source 
 by virtue of this act ; he shall annually, on or before the Annual 
 first day of October, report, under oath, to the state comp- 
 troller his receipts and disbursements, and after said 
 report shall be audited and approved by the state comp- 
 troller, he shall pay to the state treasurer the balance of 
 money remaining in his hands as shown by said report; 
 
60 
 
 STATUTE LAW OF XEW JEESEY 
 
 Compensa- 
 tion. 
 
 Report to 
 bureau of 
 shell fish- 
 eries. 
 
 Repealer. 
 
 he shall receive for his services, each year, one-half of the 
 gross receipts from said oyster and clam grounds, which 
 amount shall be ascertained from his annual report, and 
 shall be paid by the state treasurer on the warrant of the 
 state comptroller, after his said report shall be audited 
 and approved as aforesaid; said commissioner shall also 
 annually report to the bureau of shell fisheries of this 
 state, on or before the first day of jSTovember, his receipts 
 and disbursements, a memoranda of all leases entered 
 into by him with lessees of said land ; and shall also file 
 with said bureau a copy of all maps and surveys of the 
 land comprised within said boundaries ; and, when re- 
 quired by the chief of said bureau, shall also file any 
 other records, papers, writings or data or reports per- 
 taining to his office and the land over which he is to 
 have jurisdiction by virtue of this act. 
 
 8. All acts or parts of acts, general or special, incon- 
 sistent herewith be and the same are hereby repealed, and 
 this act shall take effect immediately. 
 
 p. L. 1901, 
 p. 326. 
 
 When oysters 
 may be 
 taken from 
 Shark river. 
 
 Penalty. 
 What can 
 person be 
 guilty of, 
 misdemeanor 
 or high 
 misdemeanor. 
 
 A Eurther Supplement to an act entitled "An act for the 
 punishment of crimes" [Revision of 1898], ap- 
 proved June fourteenth, one thousand eight hundred 
 and ninety-eight. 
 
 Approved March 22, 1901. 
 
 Be it enacted hy tli& Senate and General Assembly of 
 the State of New Jersey: 
 
 1. It shall not be lawful hereafter for any person or 
 persons to take or dredge oysters from Shark river, in the 
 county of Monmouth, in this state, between the hours of 
 six o'clock p. M. and six o'clock a. m. 
 
 2. Any person or persons violating the provisions of 
 this act shall, on conviction thereof, be punished by a fine 
 of not less than ten dollars and not more than one hun- 
 dred dollars. 
 
 3. This act shall take effect immediately. 
 
EELATIVE TO CLAMS AND OYSTEES. 61 
 
 CHAPTEK 187. 
 
 An Act to amend an act entitled '^'An act to provide for 
 the scientific investigation of oyster propagation," 
 approved March twenty-first,- one thousand nine hun- 
 dred and one. 
 
 Approved May 13, 1907. 
 
 Be If ENACTED hy the 8ermte and General Assembly 
 of the State of New Jersey: 
 
 1. Section one of an act entitled "An act to provide section 
 for the scientific investigation of oyster propagation," 
 approved March twenty-first, one thousand nine hundred 
 and one, be amended so as to read as follows : 
 
 1. The director of the 'New Jersey Agricultural Col- fn^estf^a?"^ 
 lege Experiment Station at ISTew Brunswick is hereby ^°.| °J^ation 
 authorized to establish and to maintain one or more sta- 
 tions for the scientific investigation of oyster propaga- 
 tion and other ostracultural problems, said station or 
 stations to be situated at some point or points in the 
 oyster-growing sections of this state; to procure a boat 
 
 or boats adapted to the prosecution of the aforemen- 
 tioned research work; to have the same equipped with Equipment, 
 suitable apparatus ; to engage such expert or experts and 
 the services of such other persons as may be needed in 
 the maintenance of the: ostracultural studies so under- 
 taken, and to transmit annually to the governor a full Annual 
 
 . . . . report. 
 
 and detailed report of the scientific operations under this 
 act in the reports of the agricultural college experiment 
 stations ; the amount authorized to be expended under Appropria- 
 the provisions of this act shall not exceed the sum of 
 twelve hundred dollars in any one year; provided, that Proviso, 
 no moneys shall be drawn from the state' treasury for the 
 purposes of this act until the same shall have been speci- 
 fically appropriated according to law,, (a) 
 
 2. This act shall take effect immediately. 
 
 (a) The original act consisted of but one section. 
 
62 
 
 STATUTE LAW OF NEW JERSEY 
 
 CHAPTER 303. 
 
 Navigable 
 waters Indi- 
 cated. 
 
 Oyster super- 
 intendent 
 to act. 
 
 Assistants 
 and material. 
 
 Proviso. 
 
 Not to inter- 
 fere with 
 federal 
 buoys. 
 
 Notice of 
 markings. 
 
 An Act to provide for the marking and designating of the 
 channels of the bays, thoroughfares and sounds 
 flowed by tide water in the counties of Ocean, At- 
 lantic and Cape May. 
 
 Approved June 12, 1906. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of Neiu Jersey: 
 
 1. It shall be the duty of the persons designated by 
 this act annually, on or before the first day of June, to 
 stake, buoy, mark, or otherwise indicate, to the best of 
 such person's ability, such channels in or beds of bays, 
 thoroughfares and sounds as may be navigable, flowed 
 by tide water in the counties of Ocean, Atlantic and Cape 
 May. 
 
 2. The duty required by this act shall be performed 
 by the oyster superintendent of the several districts of 
 Ocean, Atlantic and Cape May counties, each superinten- 
 dent to have charge of all waters included in his district. 
 Where there exists no oyster superintendent for any of 
 said counties the oyster superintendent for the adjoining 
 district shall perform the duty. 
 
 3. The said superintendent shall have power to provide 
 all stakes, buoys, signs, markers and other materials nec- 
 essary to carry out the provisions of this act, and may 
 secure and pay for the services of persons in the said dis- 
 tricts for the purpose of ascertaining the locations of 
 channels ; provided, however , that said superintendent 
 shall in no case contract for such work or materials to an 
 amount in excess of the moneys appropriated for that pur- 
 pose. 
 
 4. In carrying out the purpose of this act no buoy, 
 stake, sign or marker shall be placed near any buoy 
 maintained by the Government of the United States, nor 
 placed so as to interfere with the purpose thereof. 
 
 5. The said oyster superintendent shall give public no- 
 tice annually on or before June fifteenth of the fact that 
 channels have been marked as required by this act, and in 
 
meanor. 
 
 EELATIVE TO CLAMS AND OYSTEES. 63 
 
 said notice inform the public of the nature of said mark- 
 ings and how they may be read and understood. 
 
 6. Each su]3erintendent shall receive annually, as com- salaries of 
 pensation for the duty required by this act, the sum of one intendents. 
 hundred dollars, payable July fifteenth, for each district p^ l.^iIot^*^' 
 in which such channel shall be so designated, and shall be ^" ^^^" 
 allowed for the materials and services necessary to carry 
 
 this act into effect the additional sums of four hundred 
 dollars for the district embraced by Ocean county, four 
 hundred dollars for the district embraced by Atlantic 
 county and six hundred dollars for the district embraced 
 by Cape May county. 
 
 7. Said superintendent shall annually, on or before Annual state- 
 July fifteenth, file with the Comptroller an itemized 
 statement, verified by oath, of the expenses incurred by 
 
 him by authority of this act. 
 
 8. Any person that shall willfully remove, change, mu- Removal of 
 tilate or destroy any stake, buoy, sign or marker, placed misde- 
 by the oyster superintendent under authority of this act, 
 shall be guilty of a misdemeanor. 
 
 9. This act shall take effect immediately. 
 
 CHAPTER. 113. 
 
 An Act to amend an act entitled "An act creating a 
 bureau of shell fisheries," approved April four- 
 teenth, in the year of our Lord one thousand nine 
 hundred and three. 
 
 Be it enacted hy the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. Section 1 of the act entitled "An act creating a p. l. iqot, 
 bureau of shell fisheries," approved April fourteenth, in section 
 the year of our Lord one thousand nine hundred and 
 three, be amended so as to read as follows : 
 
 1. A state bureau of shell fisheries is hereby estab- Bureau of 
 
 . sliell flsh- 
 
 lished. The chief of said bureau shall be appointed by eries ; chief, 
 the Governor for the term of four years and thereafter 
 a successor shall be appointed for a like period of four 
 
64 
 
 STATUTE LAW OF NEW JERSEY 
 
 Oyster com- 
 missions to 
 report to 
 bureau. 
 
 Eeport of 
 director of 
 experiment 
 station. 
 
 Copies of 
 maps, &c.. 
 filed. 
 
 Office. 
 
 Duties of 
 chief. 
 
 .'innual 
 report. 
 
 years whenever said office shall become vacant by death, 
 resignation or expiration of the current term ; his salary 
 shall be twelve hundred dollars per annum, payable 
 monthly by the treasurer on the warrant of the comp- 
 troller; the chief of such bureau may employ such 
 clerical assistance as may be necessary from time to 
 time ; the several oyster commissions of the State shall 
 file with such bureau a statement in detail, quarterly 
 and oftener if required, of the receipts and disburse- 
 ments of their several commissions, and such commis- 
 sions shall further report annually to the said bureau 
 on the first day of ^November a summary of the work 
 of the said commissions for the preceding year ; the shell 
 commissioners shall in like manner report in detail all 
 transactions of their several commissions ; the director of 
 the JSTew Jersey college experiment station, at Xew 
 Brunswick, shall annually file with said bureau a report 
 of his experiments in the scientific investigation of oyster 
 and clam propagation; all recommendations and reports 
 of said commissions shall be made to the chief of said 
 bureau ; the said commissions shall forthwith on the 
 granting of any lease or license transmit a memorandum 
 or copy thereof to said bureau; a copy of all maps and 
 surveys of any oyster lands heretofore or hereafter to be 
 leased or surs^eyed by said commissions for any purpose 
 and a copy of all maps and surveys of any grounds set 
 apart for clamming grounds shall be filed forthwith with 
 such bureau ; the several oyster commissions, oyster 
 superintendents and shell commissioners shall also file 
 with said bureau, when required by thQ chief thereof, or 
 any record, papers, writings or data pertaining to their 
 several offices ; an office for said bureau shall permanently 
 be maintained at the state house and there shall be kept at 
 all times on file therein all the reports, surveys, papers 
 and records aforesaid; it shall be the duty of the chief 
 of said bureau to procure and compile certificates and 
 information relative to the progress and development of 
 the oyster and clamming industry in this and in other 
 states and countries, and to secure and keep on file the 
 laws of other states regulating such industries ; the chief 
 
EELATIVE TO CLAMS AND OYSTEKS. 65 
 
 of said bureau shall make a report to the Governor an- 
 nually as of ISTovember first, each year, and not later than 
 December first, annually of the general condition of the 
 oyster and clamming industry of the State and the trans- 
 actions of the various commissioners aforesaid during the 
 preceding year, and shall transmit therewith the reports 
 and recommendations of the oyster commissioners and the 
 report of the director of the experiment station, together 
 with such recommendations as said bureau may deem ad- 
 visable to make, (a) 
 
 V. ACTS KELATING EXCLUSIVELY TO OCEAN 
 COUNTY. 
 
 An act to protect the planting and cultivating of oysters 
 in the tide waters of the county of Ocean. 
 
 Approved May 11, 1886. 
 
 Be it enacted hy the Senate mid General Assembly 
 of the State of Netv^ Jersey: 
 
 1. That any person or persons, citizens of this state, p. l. is86, 
 now or hereafter holding, using or occupying any grounds The holding 
 lying under the tide waters of the county of Ocean, for use'^grounds 
 the planting or cultivating of oysters theireon, not now w^toirf*^ 
 known and recognized as natural oyster-seed beds, from Fo'i^cuitiva-'^*^ 
 which there is now gathered seed or young oysters for oyste°/s 
 planting purposes, shall be confirmed in their holding confirmed, 
 or right to use such grounds for the purpose of planting 
 and cultivating of oysters, and the oysters planted and 
 growing thereon shall be the personal property of the 
 person or persons holding, using or occupying the grounds 
 as aforesaid ; provided^ the said grounds shall have been Proviso, 
 marked by proper stakes, buoys or suitable monuments, 
 and oysters shall have been actually planted upon the 
 grounds so marked off. 
 
 (a) The original act consisted of one section. This act therefore 
 amends the original act in its entirety. 
 
 5 
 
66 
 
 STATUTE LAW OF i^EW JERSEY 
 
 Persons au- 
 thorized to 
 plant, &c., 
 oysters on 
 ground now 
 or hereafter 
 used or 
 occupied. 
 
 Penalty for 
 gathering 
 oysters, &c., 
 without per- 
 mission of 
 persons hold- 
 ing ground. 
 
 Grounds 
 used for 
 clamming 
 not to be 
 used for 
 oysters. 
 
 Stakes used 
 not to im- 
 pede naviga- 
 tion, &c. 
 
 Who deemed 
 
 trespassers. 
 
 Oysters 
 planted for- 
 feited to the 
 public. 
 
 Act not to 
 give right or 
 title to lands 
 as against 
 the state. 
 
 2. That upon the grounds now or hereafter held, used 
 or occupied as aforesaid, the person or persons holding, 
 using or occupying the same may plant, cultivate and 
 gather oysters ; they may shell said grounds and gather 
 the oysters that may grow thereon, and all oysters on 
 said grounds shall be deemed and taken to be their per- 
 sonal property; and every person or persons who shall 
 gather, catch or take oysters, clams or shells from any 
 lot of ground held, used or occupied as aforesaid, without 
 the permission of the person or persons holding, using or 
 occupying the same, shall be deemed guilty of a mis- 
 demeanor, and upon conviction thereof shall be fined in 
 a sum not greater than one hundred dollars, or be con- 
 fined in the county jail for a period not exceeding six 
 months, or both, at the discretion of the court. 
 
 3. That no grounds now used and set apart for clam- 
 ming purposes in said county shall be occupied and used 
 for the purpose of planting or cultivating oysters. 
 
 4. That all stakes used for the purpose aforesaid shall 
 be elastic and yielding, and shall not impede navigation 
 nor interfere with the drawing of seines in any place now 
 established and customarily used for seine fishing. 
 
 5. That any person or persons who shall plant oysters 
 uj)on any of the natural oyster beds lying under the 
 waters aforesaid, now known and recognized as natural 
 oyster beds, and from wdiich there is now gathered seed 
 or young oysters for planting purposes, shall be deemed 
 trespassers, and such planted oysters shall be forfeited to 
 the public, who shall have the right and privilege of going 
 upon said beds and taking said planted oysters and con- 
 verting the same to their own use at any time when it is 
 now lawful to take oysters from said natural beds. 
 
 6. That nothing in this act contained shall give any 
 person or persons the right or title to any of said lands 
 as against the state, and the state may at any time alter 
 or repeal this law, or the riparian commissioners may 
 make grants the same as if this act had not been passed. 
 
EELATIVE TO CLAMS AKD OYSTEES. 67 
 
 An Act for the better regulation and control of the taking, 
 planting and cultivating of oysters and clams on 
 lands lying under the tidal waters of the county of 
 Ocean, in the state of jSTew Jersey. 
 
 Approved March 26, 1902. 
 
 Be it enacted by the Seoiate and General Assembly 
 of the State of New Jersey: 
 
 1. All oyster grounds, lands and beds included within p. L- 1902, 
 
 " '^ ' . p. 170. 
 
 lands of the state of ISTew Jersey, under the tidal waters ocean county 
 of the county of Ocean, shall be under the exclusive regu- mission, 
 lation and control of a state oyster commission (known 
 as the oyster commission for the district of Ocean county, 
 and hereafter whenever the words "commission" or "state 
 oyster commission" appear in this act, they shall be held 
 to mean the aforesaid state oyster commission for the dis- 
 trict of Ocean county), which shall consist of three mem- Members; 
 
 ^ ■ term. 
 
 bers, who shall be appointed by the governor of this state 
 for a term of three years, and shall continue to hold office 
 until the appointment of their sucoessorsi ; the said com- 
 missioners shall be oitizensi of this state, and shall be 
 directly interested or engaged in the taking, planting and 
 cultivating of oysters in the tidal waters of said county 
 of Ocean; before entering upon the duties of his office, oath, 
 each commissioner shall file with the secretary of state an 
 oath that he will faithfully discharge the duties of his 
 office, and that he is directly interested or engaged in the 
 business of taking, planting and cultivating oysters in 
 said tidal waters of said county of Ocean, which oath miay 
 be taken before any person authorized toi take oaths or 
 affirmations in this state ; each coinmisisioner shall receive Salary, 
 an annual salary of two hundred and fifty dollars, pay- 
 able quarterly ; two members of the state oyster commis- 
 sion shall constitute a quorum at any meeting thereof, 
 and any official act shall be valid which has been author- 
 ized by a majority of the commissioners at a regular 
 meeting ; they shall keep a record of all their official acts Annual 
 and proceedings, and shall annually report to the legis- 
 lature, which report shall include a- detailed statement of 
 all expenditures of money made or authorized to be made 
 
68 
 
 STATUTE LAW OF IsEW JERSEY 
 
 Give bond. 
 
 Oyster super- 
 intendent. 
 Term. 
 
 As amended. 
 P. L. 1909, 
 p. 29.3. 
 
 Salary- 
 
 Bond. 
 
 Duties 
 prescribed. 
 
 Powers and 
 duties of 
 commission. 
 
 by them under the provisions of this act ; before entering 
 npon the duties of their office the said commissioners shall 
 severall}' enter into bond tO' the state in thci sum of two 
 thonsand dollars, with good and sufficient surety, condi- 
 tioned foT the faithful performance of their duties, which 
 bond shall first bei approved as tO' sufficie^ney by the law 
 judge of the said county of Ocean; said bond shall be 
 renewed annually. 
 
 2, The Governor of this state shall appoint a person 
 to be knov^m as the oyster superintendent, who shall hold 
 his office for a term of three years and until his suc- 
 cessor is appointed and qualified, at an annual salary of 
 one thousand dollars, and which shall be paid in equal 
 monthly payments ; before entering upon the duties of 
 his office, the oyster superintendent shall give bond to 
 the state in the sum of five thousand dollars with good 
 and sufficient surety, conditioned for the faithful per- 
 formance of his duties, which bond shall be first approved 
 as to sufficiency by the law judge of the said county of 
 Ocean ; said bond shall be renewed anniially. It shall be 
 the duty of the state oyster commission to regulate and 
 define the duties of the oyster superintendent, other than 
 those duties specifically defined in this act. 
 
 3. The state oyster commissioni shall have power, and 
 it shall be their duty toi enforce the provisions of this act, 
 and the provisio'ns of all other acts reigulating the taking, 
 ]3lanting or cultivating of oysters in the tidal waters of 
 Ocean county, in this state:, in force and. not repealed by 
 this act, and in furtherance! and not in limitation of the 
 above provisions they shall have^ power to employ such 
 surveyors, guards and other employes: as they may deem 
 necessary; and to provide guard-beats and a. sfufficieait 
 number of men to protect all oyster beds and groiuids in 
 the tidal waters of said county of Oceiaui, in this state; 
 and to incair such expenses a;s they may consider proper 
 to fully carry out the provisions of this and the said other 
 a,ots, and for the preservation and improvement of the 
 said oyster beds or grounds; they shall, however, before 
 leasing any grounds set apart a portion of the lands under 
 the tidal waters of the county of Ocean, to be known and 
 held as public clam grounds. 
 
EELATIVE TO CLAMS AND OYSTEES. 69 
 
 4. The state oyster coanmissiou shall estahlish and office, 
 maintain an officei within the county of Ocean, at some 
 place convenient to persoms engaged in the^ oyster indus- 
 try, which office shall also be the office of thei oyster super- 
 intendent; stated meetings of the state' oyster oommis- 
 sion shall be held at their office at least once a. month. 
 
 5. The state oyster commission shall have power Lease lands, 
 and are hereby directed, as hereinafter' provide|d, to p^h^fioo^ ' 
 lease to applicants therefor any of thei lands of the ^'^ 
 
 state under the tidal watersi of the county of Ocean not 
 set apart as piiblic clam grounds, save' and excepting 
 that part of Barnegat bay bounded on the north by the 
 Pennsylvania railroad bridge, at Barnegat pier, and 
 on the south by a line drawn from the middle point of 
 a point known as Middlei point, on south side of Cedar 
 creek, east to Cedar creek lifchsaving station, and also 
 all those lands lying under the tidal waters of Great 
 bay and Mullica river, north of a line running from 
 Gravelling point in a soutliAvesterly course, to the At- 
 lantic county line; to be exclusively used and enjoyed Purposes, 
 by such lessees for the purpose of taking, planting and 
 cultivating of oysters and clams, and fo^r tlie planting 
 of shells thereon for propagating purpoisesi; provided^. Proviso. 
 JiO'ivever, that no- lease or leases shall be granted to any 
 person or persons; who shall not be, at the' time' of granting 
 of said lease, and shall not have been for twelve moinths 
 next p'receding, ai citizen and actual resident of this state. 
 
 6. Leases may be granted for terms not exceeding ten Terms of 
 
 1-1 1 1 nc rental, 
 
 years, at an annual rental not less than liity cents nor 
 
 more than three dollars per acre or fraction thereof for 
 
 the first ten acres leased and not less than one dollar per 
 
 acre for each additional acre or fraction thereof of the 
 
 land so leased ; the rental for the first year of any lease 
 
 shall be paid at the time the lease is granted, and the 
 
 yearly rental for each succeeding year of said lease shall 
 
 be paid within thirty days after the beginning of said 
 
 year ; failure to pay said rentals at the time or times Failure to 
 
 herein directed shall, as hereinafter provided, cause the FeYse. 
 
 lease or leases of the person or persons so failing to pay 
 
 said rentals to become forfeited, and the right of said per- 
 
70 
 
 STATUTE LAW OF :NEW JEKSEY 
 
 Demand to 
 be made. 
 
 Hearing. 
 
 Cancellation 
 of lease. 
 
 Re-leased. 
 
 Proviso. 
 
 son or persons to tlie oyster ground or grounds to cease; 
 and the state oyster commission shall cause the said lease 
 or leases upon which said rent is due and unpaid as afore- 
 said to be canceled upon the books of the state oyster com- 
 mission, and said forfeited ground or grounds may be 
 hereafter leased to any resident of this state as above pro- 
 vided; but before said lease or leases shall be canceled 
 and the right of any person or persons to the oyster 
 ground or grounds held thereunder shall be forfeited as 
 above mentioned, the state oyster commission shall cause 
 notice to be personally served upon said lessee or lessees, 
 directing him, her or them to appear before said com- 
 mission, at their office, v^ithin thirty days from the ser- 
 vice of said notice, and shov^ cause, if any there be, why 
 said lease or leases should not be canceled, and why the 
 right of said lessee or lessees to longer hold said oyster 
 ground or grounds thereunder should not be forfeited; 
 and if such lessee or lessees so appear and show sufficient 
 cause why said rental has not been paid, and why said 
 right to said ground or grounds should not be forfeited 
 and at the same time tender the money due for said rental 
 and pay the costs of the said notice, the state oyster com- 
 mission shall direct the oyster superintendent to accept 
 said moneys and the rights of said person or persons shall 
 not be forfeited because of said failure; and in case of 
 the failure of said lessee or' lessees tO' soi appear and show 
 cause as aforesaid, the said lease or leases shall be can- 
 celed as above provided and the right of said j)erson or 
 persons to longer hold said leased ground or grounds shall 
 be declared by the state oyster commission to be for- 
 feited ; and the state oyster commission shall in such case 
 fix a sufficient time within which the oysters upon said 
 forfeited grounds shall be. removed by the person or per- 
 sons owning said oysters, and shall cause notice of the 
 time so fixed to be personally served upon said person or 
 persons, and the said ground or grounds shall not be leased 
 to any person until after the expiration of the time so 
 fixed ; 'provided, however, that wherever personal service 
 is herein required, and the lessee of lessees shall at the 
 time of said service be absent from the state, then the said 
 
EELATIVE TO CLAMS ANB OYSTEES. Tl 
 
 commission shall cause to be published a copy of said 
 notice in at least one newspaper published in said county 
 of Ocean, for a j)eriod of at least four weeks, and said 
 publication shall be considered as personal service. 
 
 7. Any person or persons having, on the fifteenth day First right 
 of Siepteniber, annO' doniini one thousand nine hundred 
 
 and one, ground or grounds staked up in said tide waters 
 of Ocean county under any present law, usage or custom, 
 shall be first entitled to apply for and receive a lease or 
 leases for such ground or grounds ; provided, applica- Proviso, 
 tion therefor, in writing, be filed at the office of the state 
 oyster commission within sixty days after this act shall 
 take eifect, in default of which application the commis- 
 sion shall have power thereafter to lease such ground or 
 grounds to any resident of this state, as above provided ; 
 and at the expiration of the term of any lease the same 
 shall be renewed to the original lessee or lessees ; pro- proviso. 
 vided, such lessee or lessees apply therefor within sixty 
 days from the expiration of the term of such lease ; and 
 if application for any lease or renewal thereof for ground 
 or grounds named in this section is not filed within the 
 time limited, the state oyster commission shall fix the 
 time within which the oysters upon said ground or 
 grounds shall be removed by the person or persons o'svn- 
 ing said oysters, and shall cause notice of said time so 
 fixed to be at once personally served upon said person or 
 persons, and the said ground or grounds shall not be 
 leased to others until after the expiration of the time so 
 fixed. 
 
 8. The state oyster commission shall, from time to Boundaries 
 
 ,.. ifT 111 ^^*l maps. 
 
 time, as applications are made lor leases, cause the lands 
 leased under said tidal waters of Ocean county tO' be 
 measured, and the metes and bounds thereof ascertained 
 and located by ranges, monuments or other means, so that 
 the limits of the lands embraced within such leases may 
 be accurately fixed and easily located; the state oyster 
 commission shall cause such leased lands to be mapped, 
 and the said miapSi to he. filcid in the office of the state 
 oyster commission, and shall also cause the leiase so made 
 
T2 
 
 STATUTE LAW OF iN^EW JEESEY 
 
 No privilege 
 intended. 
 
 Proviso. 
 
 As amended, 
 P. L. 1903, 
 p. 638. 
 License for 
 tonging on 
 seed beds. 
 
 Record of. 
 
 Proviso. 
 
 Proviso. 
 
 Qualifica- 
 tions of 
 lessee and 
 licensee. 
 
 to be recorded in books kept in the office of the state oyster 
 commission for that purpose. 
 
 9. ISTothing in this act shall be interpreted to 
 strengthen, confirm or verify the title of any person to 
 any lands excepted from leaseholds by the provisions of 
 section five of this act; provided, liowever, that any per- 
 son who has held and planted grounds within the limits 
 therein excepted shall be gTanted two years' time from 
 June first; one thousand nine hundred and two, in which 
 to remove said oysters and cultch planted thereon by him. 
 
 10. The oyster superintendent shall issue a license, 
 duly certified by himself, to each and every person enti- 
 tled by law to engage in tonging or catching oysters on 
 the state seed beds in the said tidal waters of Ocean 
 county, that shall pay the license fees fixed therefor by 
 this act ; and no person shall catch or tong for oysters on 
 state seed beds in the said tide waters of Ocean county, in 
 this state, without first obtaining a license for that pur- 
 pose from the said oyster superintendent, and paying to 
 him therefor the license fee of two dollars and fifty cents ; 
 no license shall be issued for a longer period than one 
 year; all licenses shall be numbered and recorded in a 
 book kept for that purpose in the office of the state oyster 
 commission ; each person so licensed shall at all times, 
 while engaged in operating under such license, display in 
 plain view, upon the port bow of his boat, the number of 
 said license in black figures at least six inches in length ; 
 and upon the failure or neglect of any person so licensed 
 to so display said number as above required, such person 
 so neglecting or failing shall forfeit said license ; pro- 
 vided, lioivever, that a period of five days shall be given 
 after issuing^ said license for such person to comply with 
 the above requirement; provided further, that no person 
 without a license shall gather more than two bushels of 
 oysters in any one day. 
 
 11. The state oyster commission, before issuing any 
 lease to any person as provided for in this act, shall cause 
 the person applying for said lease to make and file with 
 them an oath that he is a citizen and actual resident of 
 this state, and has been for twelve months next preceding 
 
RELATIVE TO CLAMS AIv^D OYSTERS. Y3 
 
 such application, and that he will properly plant or cause 
 to be planted and cultivate oysters thereon ; and the 
 oyster superintendent, before issuing any license to any 
 person to catch oysters or engage in the oyster business, 
 shall cause the person applying for such license to make 
 and. file with him an oath that he is a citizen and actual 
 resident of this state, and has been for twelve months next 
 preceding said application ; such oaths may be made and 
 taken by and before the several members of the state 
 oyster commission and the said oyster superintendent; 
 and the state oyster commission shall have power to re- 
 voke any lease or license issued by reason of any false 
 oath. 
 
 12. All unexpired licenses issued by the state oyster Licenses of 
 shell commission previous to the time when this act shall commission 
 take effect, shall remain in full force and virtue for the in force, 
 unexpired terms thereof, and shall have the same force 
 
 and ejffect as licenses issued by the oyster superintendent. 
 
 13. The secretary of the state :0yster shell co^mmission List of sheii 
 is hereby required, within fifteen days after this act shall nished oyster 
 take effect, to prepare and deliver to the said oyster super- ent.^ 
 intendent, a written or printed statement showing the 
 
 names of all persons previously licensed by said shell 
 commission within the bounds of Ocean county whose 
 licenses shall not then have expired ; which statement 
 shall also show the numbers of the said licenses issued by 
 them. 
 
 14. All money duo for around rentals, license fees or Fees and 
 
 rents col- 
 
 O'therwise made collectible under the provisions, of this lectibie. 
 act, shall be received and collected by the oyster supierin- 
 tendent, for the sole use of the state of ISTew Jersey, as 
 public money belonging tO' the state, and shall be a,C!- 
 counted for and paid over as such in manner hereinafter 
 provided. 
 
 15. The oyster superintendent shall keep an account As amended, 
 of all fees and moneys received by him pursua.nt to tlie p. 638. ^ ^^^ 
 provisionsi of this act, for the use of the state, and shall, intendent's 
 
 ir / ^ ' report to 
 
 . on or before the tetnth day of each month, make a, full comptroller, 
 itemized statement and return, verified by oath, tO' the 
 comptroller, of all money collected or received as afore;- 
 
74 STATUTE LAW OF NEW JEESEY 
 
 Report to 
 oyster com- 
 mission. 
 
 Proviso. 
 
 Proviso. 
 
 As amended. 
 P. L. 1903, 
 p. 638. 
 Tonging in 
 Ocean county. 
 Proviso. 
 
 Proviso. 
 
 Culling. 
 
 said, upon blanls; containing form of the said statement 
 and oath, to be furnished tO' the oyster superintendent by 
 the comptroller, a,nd thei said statements^ shall bei filed in 
 the office of the comptroller, there to remain as public 
 records; said statements shall be audited forthwith by 
 said comptroller, and on or before thei fifteenth day of 
 each month said oyster superintendent shall pay over the 
 amount of such money received to the state treasury ; he 
 shall also make detailed monthly reports, verified by oath, 
 to the state oyster commission of all moneys, collected or 
 received by him ; all bills incurred by the state oyster 
 commission in carrying out the pro'^dsions of this act 
 shall be certified by the state oyster commission tO' the 
 state comptroller monthly, for pia,ymem.t, and he shall 
 draw his warrant on the state treasury therefor; p'O- 
 videdj, Jiow^ever, that any excess of such receipts, over the 
 expenditure for any fiscal year shall, for the purpose of 
 this' act, be accounted as receipts of the next succee:ding 
 fiscal year; 'provided further, that the provisions of this 
 section shall not apply to any money appropriated by the 
 legislature for surve)^ purposes. 
 
 16. ISTo oysters or clams shall be tonged for, raked, or 
 taken from any of the unleased lands of the state under 
 tidal waters of the county of Ocean ; provided, that this 
 section shall not prevent the taking of see^d oysters from 
 the lands set apart for state secid beds from, and including 
 the first day of October to and including the thirtieth day 
 of April of each year ; provided further, that this section 
 shall not prevent the taking of clams from the grounds set 
 apiart for clamming purposes ; nO' oysters> shall be t.aken 
 from any leased lands or state seed beds except between 
 sunrise and sunset. 
 
 11. All oysters, oyster shells and other miaterial tonged, 
 or in any manner raised or taken from any of the natural 
 oyster-sieed beds, shell beds or reefs under the tidal waters 
 of the county of Ocean, in this state, shall be' culled as 
 soon as the same are emptied out. of the tongs on the- cull- 
 ing board or deck of the boat or vessel einployed for the 
 purpose, and before thei same a.re shoveled ba.ck from that 
 portion of the^ boat used for emptying the tongs ; and all 
 
EELATIVE TO CLAMS AXD OYSTEES. 75 
 
 shells and otlieT m;a,terial, exoepit. oystei's, sliall be immedi- 
 ately thro>wii hack upon tliei beds or gTound from whicth 
 the same' shall have been, taken ; all such oysters, oyster 
 sliells and other material shall bei enlleid as afoTesiaad so 
 cJosely that three bushels theireof taken from any portion 
 of a, declc load of oysters, after the same> shall have been 
 shoveled back from that part of the deck used for empty- 
 ing the tongs aforeisaid, shall noti contain moxe than 
 fifteen p^er centum^ of shellsi and other material; and if Not culling 
 
 1 n 1 /• n ^ misde- 
 
 any person or persons shall neglecti or reius© toi cull as meanor. 
 aforesaid all such oysters, oyster' shells and other material, 
 he 01* they shall bei deemed guilty of a, misdemeanor; 
 "when any peirson or persons licensed uuider the provisions Right to 
 of this act is hailed or' signaled by any officer of the statei and examine 
 oyster commission and refuses toi stop- and permit any ^^^^°' 
 officer or officers of said state oyster commission to board 
 his or their boat, vessel or other craft and examinei the 
 oysters, oyster shells and other material on such boat, ves^ 
 sel or other craft as: aforesaid, the said oyster com^mission 
 shall have power to revoke the license or licenses of said 
 person or persons; so refusing as aforesaid. 
 
 18. The members of the state oyster commission, the Power of 
 
 '^ . ' arrest. 
 
 oyster superintendent and the several captains or' masters 
 of gTiard-boats are hereby empowered, and it shall be 
 their duty, on view, v^dthout special warrant issued for 
 that purpose, toi arrest any person engaged inrthe viola- 
 tion of any of the provisions, of this act. or the provisions 
 of any other law of this state regulating the taking, plant- 
 ing or cultivating of oysters in the tidal waters of said 
 county of Ocean, in force and not repealed by this act. 
 
 19. It shall be the duty of the state oyster commission Revoke 
 to revoke the license of any person who shall violate or 
 cause to be violated any of the provisions of this act or 
 
 the provisions of any other law of this state regulating the 
 taking, planting or cultivating of oysters in the tidal 
 waters of said county of Ocean in force and not repealed 
 by this act ; and said commission shall have power to 
 ■refuse thereafter to allow any license to be issued to such 
 person for such period of time as the commission may fix 
 and determine. 
 
76 
 
 STATUTE LAW OF ^E,W JEESEY 
 
 Act 
 construed. 
 
 No dredging 
 on unleased 
 grounds. 
 
 Proviso. 
 
 Penalty for 
 violating 
 
 act. 
 
 Repealer. 
 
 20. ISTothiiig in this act shall be in anywise construed 
 to authorize or allow any person or persons, boat or ves- 
 sel, to engage or be employed in the business of taking, 
 planting or cultivating oysters in the tidal waters of 
 Ocean county, or any creek or river tributary thereto, in 
 this state, who or which are prohibited from engaging or 
 being employed in said business, by laws of this state in 
 force at the time of the adoption of this act. 
 
 21. 'No person or persons shall cast, throw or use a 
 dredge upon any of the unleased oyster grounds of this 
 state under the tidal waters of the county of Ocean ; pro- 
 vided, that any person holding planted oyster land leased 
 from said state oyster commission may dredge upon his 
 own leased land. 
 
 22. Any person or persons violating any of the pro- 
 visions of this act, or the provisions of any other law 
 of this state regulating the taking, planting or cultivating 
 of oysters in the tidal waters of said county of Ocean, in 
 force and not repealed by this act, shall be deemed guilty 
 of misdemeanor, and on conviction thereof shall be pun- 
 ished by a fine not exceeding one thousand dollars, or 
 imprisonment in state prison not exceeding five years, or 
 both, at the discretion of the court. 
 
 23. All acts and parts of acts, general or special, incon- 
 sistent with the provisions of this act, are hereby repealed, 
 and this act shall take effect immediately. 
 
 p. L. 1905, 
 p. 337. 
 
 Penalty for 
 tonging, &c., 
 without 
 permission. 
 
 Supplement to the act entitled "An act for the better 
 regulation and control of the taking, planting and 
 cultivating of oysters and clams on lands lying under 
 the tidal waters of the county of Ocean, in the 
 State of ISTew Jersey," approved March twenty-sixth, 
 one thousand nine hundred and two. 
 
 Approved April 20, 1905. 
 
 1. No person or persons shall hereafter use any 
 dredge, tongs or rake upon any lands leased to any one 
 under the provisions of the act to which this is a supple- 
 ment, except the lessee or lessees thereof, without per- 
 mission of the lessee or lessees thereof, and any one 
 
KELATIVE TO CLAMS AND OYSTEKS. 7T 
 
 offending against the provisions of this supplement is 
 hereby liable to the penalty prescribed in section twenty- 
 two of the act to which this is a supplement. 
 
 2. All acts and parts of acts inconsistent herewith be Repealer, 
 and the same hereby are repealed, and this act shall take 
 effect immediately. 
 
 OTSTEE ACT APPLICABLE TO ATLAI^TIC 
 COUITTY. 
 
 An Act for the better regulation and control of the taking, 
 planting and cultivating of oysters and clams on 
 lands lying under the tidal waters of the county of 
 Atlantic, in the state of ISTew Jersey. 
 
 Approved March 30, 1905. 
 
 Be it enacted ty the Senate and General Assembly 
 of the State of New Jersey: 
 
 1. All oyster grounds, lands and beds included within control of 
 
 ,,„, f^-r T n 1 •!! oyster lands 
 
 lands 01 the state oi JN ew J ersey under the tidal waters in Atlantic 
 of the county of Atlantic shall be under the exclusive 
 regulation and control of a state oyster commission 
 (known as the oyster commission for the district of At- 
 lantic county, and hereafter whenever the words "com- 
 mission" or "state . oyster commission" appear in this oyster com- 
 act they shall be held to mean the aforesaid state oyster 
 commission for the district of Atlantic county), which 
 shall consist of three members, who shall be appointed by 
 the governor of this state for a term of three years, and 
 shall continue to hold office until the appointment of 
 their successors ; the said commissioners shall be citizens 
 of this state and Atlantic county ; before entering upon oath. 
 the duties of his office each commissioner shall file with 
 the secretary of state an oath that he will faithfully dis- 
 charge the duties of his office, which oath may be taken 
 before any person authorized to take oaths or affirmations 
 in this state ; each commissioner shall receive an annual Salary. 
 salary of five hundred dollars for the first year and three 
 hundred dollars for each year thereafter, payable quar- 
 terly; two members of the state oyster commission shall 
 
78 
 
 STATUTE LAW OF ITEW JERSEY 
 
 Records. 
 
 Report. 
 
 Bond. 
 
 Oyster super- 
 intendent ; 
 salary, bond, 
 duties. 
 
 Power and 
 duty of state 
 oyster com- 
 mission. 
 As amended. 
 P. L. 1908, 
 p. 464. 
 
 Protect 
 oyster beds. 
 
 constitute a quorum at any meeting thereof, and any 
 official act shall be valid which has been authorized bj a 
 majority of the commissioners at a regular meeting; they 
 shall keep a record of all their official acts and pro- 
 ceedings, and shall annually report to the bureau of shell 
 fisheries, which report shall include a detailed statement 
 of all expenditures of money made or authorized to be 
 made by them under the provisions of this act ; before 
 entering upon the duties of their office the said commis- 
 sioners shall severally enter into a bond to the state in the 
 sum of one thousand dollars, with good and sufficient 
 surety, conditioned for the faithful performance of their 
 duties, which bond shall first be approved as to sufficiency 
 by the law judge of the said county of Atlantic; said 
 bond shall hold for the term of three years. 
 
 2. The governor of this state shall appoint a person 
 to be known as the oyster superintendent, who shall be a 
 citizen of Atlantic county, to hold office for a term of 
 three years, at an annual salary of one thousand dollars, 
 and which shall be paid in equal monthly payments; 
 before entering upon the duties of his office the oyster 
 superintendent shall give bond to the state in the sum 
 of five thousand dollars, with good and sufficient surety, 
 conditioned for the faithful performance of his duties, 
 which bond shall be first approved as to sufficiency by 
 the law judge of the said county of Atlantic ; said bond 
 shall be for the term of three years ; it shall be the duty 
 of the state oyster commission to regulate and define the 
 duties of the oyster superintendent, other than those 
 duties specifically defined in this act. 
 
 3. The state oyster commission shall have power, and 
 it shall be their duty to enforce the provisions of this act 
 and the provisions of all other acts regulating the taking, 
 planting and cultivating of oysters in the tidal waters of 
 Atlantic county, in this state, in force and not repealed by 
 this act, and in furtherance and not in limitation of the 
 above provisions they shall have power to employ such 
 surveyors, guards and other employes as they may deem 
 necessary, and to pirovide: guard-boats and a, sufficient 
 number of men to protect all oyster beds and grounds in 
 
EELATIVE TO CLAMS AND OYSTERS. 79 
 
 tlie tidal waters of said county of Atlantic, in this, states ; 
 and to incur such expenses as they may consider proper 
 to fully carry out the provisions of this and the said other 
 acts, and for the preservation and improvement of the 
 said oyster beds or grounds; they shall, however, before 
 leasing any grounds set apart a portion of the lands under 
 the tidal waters of the county of Atlantic, to be known 
 and held as public clam grounds, and all natural seed Public dam 
 beds, and any other lands under the tidal waters of the feedbeds^.^ 
 county of Atlantic, which the commissioners shall con- 
 sider suitable and necessary for the imj)rovement, preser- 
 vation and extension of the seed beds or propagating 
 grounds. J^o oysters shall be taken in any manner what- Taking 
 soever from any natural seed beds, grounds or other lands seed^beds""^ 
 under the tidal waters of the county of Atlantic which 
 the commissioners have heretofore or may hereafter set 
 apart as suitable and necessary for the improvement, 
 preservation and extension of the seed beds and propa- 
 gating grounds, except from and including the first day 
 of October of any year to and including the thirtieth day 
 of April of each succeeding year. 
 
 4. The state oyster commission shall establish and oiflce. 
 maintain an office within the county of Atlantic, at some 
 place convenient to persons engaged in the oyster in- 
 dustry, which office shall also be the office of the oyster 
 superintendent ; stated meetings of the state oyster com- 
 mission shall be held at their office at least once a month. 
 
 5. The state oyster commission shall have power and ^^f^^^^g 
 are hereby directed, as hereinafter provided, to lease to 
 applicants therefor any of the lands of the state under 
 
 the tidal waters of the county of Atlantic not set apart 
 as public clam grounds, save and excepting those lands 
 set apart as natural seed beds and grounds, to be exclu- 
 sively enjoyed by such lessees for the taking, planting and 
 cultivating of oysters; provided, hoivever, that no lease proviso, 
 or leases shall be granted to any jDerson who shall not be 
 at the time of granting said lease or leases, and shall not 
 have been for twelve months next preceding, a citizen and 
 actual resident of this state ; provided, that no lease shall Proviso, 
 be granted for more than ten acres ; and provided further. Proviso, 
 that nothing in this act shall be construed to give said 
 
80 
 
 STATUTE LAW OF EEW JEESEY 
 
 Terms of 
 lease. 
 
 Unpaid 
 leases can- 
 celed. 
 
 Upon proper 
 showing 
 
 lease not 
 forfeited. 
 
 commissioners any jurisdiction or control over any lands 
 to which the riparian grant has been made by the riparian 
 commissioners of this state. 
 
 G. Leases may be granted foT terms not ecsceeding 
 ten years at an annual rental of not less than one dol- 
 lar nor moa-e than three dollars peor acrei, or fraction 
 thereof; the rental for the first year of any lease shall 
 be paid at the time the lease is granted, and the yearly 
 rental for each sncceeding yeax of said lease shall be 
 paid within, thirty days after the beginning of said year : 
 failnre to pay said rentals at the time; or times, herein 
 directed shall, as hereinafteir provided, cause the. lease 
 or leases of the person or peirsons. so failing tO' pay said 
 rentals to become forfeited, and the right of said person 
 or persons to the oyster ground or groundsi tO' ceiase; 
 and the state oyster commission shall cause the said 
 leasC' Oir leases upon which said rent is due and unpaid as 
 aforesaid to be canceled upion the' books of the state oyster 
 commission, and said forf eited ground or grounds may be 
 hereafter leased tO' any resident of this statei, as above pro- 
 vided for-; but before said lease or leases^ shall be can- 
 celed and the right of any person or persons to the oyster 
 ground or grounds held thereunder shall be forfeited 
 as above mentioned, the state oyster commission shall 
 cause notice tO' bei served personally upon said lessee 
 or lessees directing him, her or them to appeiar before 
 said commission at their office within thirty days from 
 the service of said notice, and. show cause, if any there 
 be, why said leiase or leiases should not be canceled, 
 a-nd why the right of said lessee or lessees to longer 
 hold said oyster ground or groundsi thereunder should 
 not be forfeited; and if such lessee or lessees s'O' appear 
 and show sufficient cause why said rental has, not been 
 paid, and why said right to said ground or grounds 
 should not be. forfeited, and at the same timei tender 
 the money due' for said rental, and pay the costs, of 
 the said notice, the state oyster commission shall direct 
 the oyster superintendent, toi accept said moneys, and t.he 
 rights of said person, or persons shall not be forfeited be^ 
 cause of said failure ; and in case of the failure of said 
 
EELATIVE TO CLAMS AND OYSTEES. 81 
 
 lessees to so' ai>pear and show cause as aforesaid, the said 
 lease' or leasee shall he canceled as ahovei provided, and 
 the right of said person ox persons to longer hold said 
 leased ground or gTonnds shall be declared by the state 
 oyster commission to be forfeited ; and the state oyster 
 commission shall in such oasiei fix a sufficient time within 
 which the oysters upon said forfeited ground shall be re- 
 moved by tlie person or peirsons owning said oysters., and 
 shall cause notice of the time soi fixed to be personally 
 served upon said person or' persons^, and the said ground 
 or gTounds shall not be leased tO' any person until after 
 the expiration of the time so- fixed ; promded, how^ever, proviso 
 that whenever personal service is herein required, and 
 the lessee or lessees' shall at time of said servioei be absent 
 from the state:, then thei said commission shall cause to- be 
 published a copy of said noticei in at least one newsipaipier 
 published in said county of Atlantic for a, period of at 
 least four weeks, and said publication shall be' considered 
 as personal service. 
 
 7. Any 2>erson or persons having, on the fifteenth day First enti- 
 of September, anno domini one thousand nine hundred lease, 
 and one, ground or grounds staked upi in said tide waters 
 of Atlantic county under any present law, usage or cus- 
 tom, shall be first entitled to apiply for and receive a lease 
 or leases for such groiui-d or grounds; promded, a,prplica- proviso, 
 tion therefor, in writing, be filed at the- office of the state- 
 oyster commission within sixty days after this act shall 
 take e-ffect, in default of which application the commis- 
 sion shall have power thereafter to- lease such ground or 
 grounds to- any resident of this st-at-ei, as above pirovided, 
 and at the: expiration of the term of any lease the 
 same shall be renewed to- the original lessee' or lessees; 
 ■provided, such lessee or leiseees apiply therefor within Proviso, 
 sixty days from the expiration of the term of such lea-se; 
 and if apiplication for any lease or renewal thereof for Renewal of 
 ground or grounds named in this' section is not filed 
 within the time' limited the state oyster commission: shall 
 fix a time within which the oysters upon said ground or 
 grounds shall be removed by the person or persons' own- 
 ing said oysters, and shall cause- notice of said time so 
 
 6 
 
82 
 
 STATUTE LAW OF NEW JEESEY 
 
 Proviso. 
 
 Lands 
 
 measured, 
 
 marked. 
 
 Maps. 
 
 Right to 
 occupy. 
 
 Proviso. 
 
 License to 
 take oysters. 
 As amended. 
 P. L. 1903, 
 p. 466. 
 
 Fee. 
 Record of. 
 
 fixed to be at once pei'vsoiially served upon said person or 
 persons, and tlie said ground or grounds sliall not be 
 leased to^ others until after the expiration of the time so 
 fixed ; 'provided, that this section shall not apply toi any 
 lands set apart as seed beds or propagating grounds, as 
 provided for in section three of this act. 
 
 8. The state oyster commission shall, from time to 
 time, as applications are made for leases, cause the lands 
 leased under said tidal waters of Atlantic county to be 
 measured and the metes and bounds thereof ascertained 
 and located by ranges, monuments or other means, so that 
 the limits of the land embraced within such leases may 
 be accurately fixed and easily located; the state oyster 
 commission shall cause such leased land to be mapped, 
 and the said maps to be filed in the office of the state 
 oyster commission and of the bureau of shell fisheries, 
 and shall also cause the lease so made to be recorded 
 in books kept in the office of the state oyster commission 
 for that purpose. 
 
 9. ^Nothing in this act shall be interpreted to 
 strengthen, confirm or verify the title of any person to 
 any lands excepted from leasehold by the provisions of 
 section five of this act ; provided, however, that any per- 
 son who has held and planted grounds within the limits 
 therein excepted shall be granted one year's time from 
 June first, one thousand nine hundred and five, in which 
 to remove said oysters and cultch planted thereon by him. 
 
 10. The oyster superintendent shall issue a license, 
 duly certified by himself, to each and every person enti- 
 tled by law to engage in tonging or catching oysters on 
 the state seed beds and grounds in the said tidal waters 
 of Atlantic county that shall pay the license fees fixed 
 therefor by this act; and no person shall catch or tong 
 for oysters on state seed beds and grounds in the said tide 
 waters of Atlantic county, in this state, without first ob- 
 taining a license for that purpose from the said oyster 
 superintendent and paying tO' him therefor the license 
 fee of two dollars and fifty cents ; no license shall be 
 issued for a period longer than one year; all licenses 
 shall be numbered and recorded in a book kept for that 
 
EELATIVE TO CLAMS AND OYSTEES. 83 
 
 purpose in the office of the state oyster commission ; each ncense^ 
 person so licensed shall at all times, while engaged in ^"•^'^s'^"- 
 operating imder such license, display in plain view upon 
 the port bow of his boat the number of said license in 
 black figTires at least five inches in length ; and upon the 
 failure or neglect of any person so licensed to so display 
 said number as above required, such person so neglecting 
 or failing shall forfeit said license. Any license issued 
 under the provisions of this act shall be valid and ef- 
 fectual for the tonging or catching of oysters on state seed 
 beds and grounds under the tidal waters of the county of 
 Ocean ; provided, said license issued under the provisions 
 of this act shall be first endorsed by the oyster superin- 
 tendent in and for said county of Ocean. 
 
 11. The state oyster commission, before issuing any statement 
 lease to any person as provided for in this act, shall cause for Ucense. 
 the person applying for said lease to make and file with 
 
 them an oath that he is a citizen and actual resident of 
 this state, and has been for twelve months next preceding 
 such application, and that he will properly plant, or 
 cause to be planted, and cultivate oysters thereon ; and 
 the oyster superintendent, before issuing any license to 
 any person to catch oysters or engage in the oyster busi- 
 ness, shall cause the person applying for' such license to 
 make and file with him an oath that he is a citizen and 
 actual resident of this state, and has been for twelve 
 months next preceding said application ; such oaths may 
 be made and taken by and before the several members of 
 the state oyster commission and the said oyster superin- 
 tendent ; and the state oyster commission shall have 
 power to revoke any lease or license issued by reason 
 of any false oath ; provided further, however, that no Proviso, 
 person shall acquire by lease more than ten acres ; and Proviso. 
 provided further, that no lands acquired by lease shall 
 be sub-let under penalty of cancellation of said lease. 
 
 12. All unexpired licenses issued by the state oyster unexpired 
 
 '^ • 1 1 • 1 n licenses of 
 
 shell commission previous to the time when this act shall sheii com- 
 
 . mission. 
 
 take effect shall remain in full force and virtue for the 
 unexpired terms thereof, and shall have the same force 
 and effect as licenses issued by the oyster superintendent. 
 
84 
 
 STATUTE LAW OF :^EW JEESET 
 
 List of un- 
 expired 
 licenses. 
 
 All moneys 
 paid to 
 state. 
 
 Statement 
 of fees re- 
 ported 
 monthly to 
 comptroller. 
 
 Proviso. 
 
 13. The secretary of the state oyster shell commission 
 is hereby required, within fifteen days after this act shall 
 take effect, to prepare and deliver to the said oyster super- 
 intendent a written or printed statement showing the 
 names of all persons previously licensed by said shell 
 commission wathin the bounds of xltlantic county whose 
 licenses shall not then have exjoired, which statement 
 shall also show the numbers of the said licenses issued 
 by them. 
 
 14. All money due for ground rentals, license fees or 
 otherwise, made collectible under the provisions of this 
 act, shall be received and collected by the oyster superin- 
 tendent, for the sole use of the state of !Xew Jersey, as 
 ]3ublic monej^ belonging to the state, and shall be ac- 
 counted for and paid over as such in manner hereinafter 
 provided. 
 
 15. The oyster superintendent shall keep an account 
 of all fees and moneys received by him pursuant to the 
 provisions of this act for the use of the state, and shall, 
 on or before the tenth day of each month, make a full 
 itemized statement and return, verified by oath tO' the 
 comptroller, of all moneys collected or received as afore- 
 said, upon blank containing form of the said statement 
 and oath, to be furnished to the oyster superintendent 
 by the coinptroUer, and the said statements shall be filed 
 in the ofiice of the comptroller, there to remain as public 
 records ; said statements shall be audited forthwith by 
 said comptroller, and on or before the fifteenth day of 
 each month said oyster superintendent shall pay over the 
 amount of such money received tO' the state treasurer ; he 
 shall also make detailed monthly reports, verified by 
 oaths, to the state oyster commission of all moneys col- 
 lected or received by him ; all bills, incurred by the state 
 oyster commission in carrying out the provisions of this 
 act shall be certified by the state oyster commission to 
 the state comptroller monthly for payment, ,and he shall 
 draw his warrant on the: state treasurer therefor; pro- 
 vided, how<€ver, that any excess of such receipts over the 
 expenditure for any fiscal year shall, for the purpose of 
 this act, be accounted as receipts of the next succeeding 
 
EELATIVE TO CLAMS AND OYSTEES. 85 
 
 • 
 
 fiscal year ; pron)ided furtlier, that the^ pirovisions of thisi P'^o'*''so- 
 section shall not apply to any money appropriated by the 
 legislature for survey purposes. 
 
 16. ISTo oysters or clams shall be planted upon, tonged Unieased 
 for, raked or taken from any of the unieased lands of be used, 
 the state under the tidal waters of the county of Atlantic : p- l- i908, 
 
 .p. 444. 
 
 provided, that this section shall not prevent the taking proviso, 
 of seed oysters from the lands set apart for sta,te seed 
 beds and grounds from and including the first day of 
 October of any year to and including the thirtieth day 
 of April of each succeeding year ; provided further, that proviso, 
 this section shall not prevent the taking of clams from 
 the grounds set apart for clamming purposes. 'No oysters 
 shall be taken from any state seed beds and grounds, 
 except between sunrise and sunset. 
 
 17. All oysters, oyster shells and other material ^yu*°„ 
 tonged or in any manner raised or taken from any of 
 
 the natural oyster-seed beds; and grounds, shell beds or 
 reefs under the tidal waters of the county of Atlantic, in 
 this state, shall be culled as soon as the same are emptied 
 out of the tongs on the culling board or deck of the boat 
 or vessel employed for the purpose, and before the same 
 are shoveled back from that portion of the boat used for 
 emptying the tongs ; and all shells and other material, 
 except oysters, shall be immediately thrown back upon 
 the beds or ground from which the same shall have been 
 taken; all such oysters, oyster shells and other material 
 shall be culled as aforesaid so closely that three bushels 
 thereof taken from any portion of a deck-^oad of oysters, 
 after the same shall have been shoveled back from that 
 part of the deck used for emptying the tongs aforesaid, 
 shall not contain more than ten per centum of shells and 
 other material ; and if any person or persons shall neglect Rigiitto 
 
 p . ini stop boat 
 
 or refuse to cull as aforesaid all oysters, oyster shells and and inspect, 
 other material, he or they shall be deemed guilty of a 
 misdemeanor ; when any person or persons licensed under 
 the provisions of this act is hailed or signaled by any offi- 
 cer of the state oyster commission and refuses to stop 
 and permit any officer or officers of said state oyster 
 
86 
 
 STATUTE LAW OF 2sTEW JERSEY 
 
 Power to 
 arrest with- 
 out warrant. 
 
 Revocation 
 ol license. 
 
 Proliibited 
 persons and 
 boats. 
 
 Not dredge 
 on unleased 
 grounds. 
 
 Proviso. 
 
 commission to board his or tlieir boat, vessel or other 
 craft and examine the oysters, oyster shells and other 
 material on such boat, vessel or other craft as aforesaid, 
 the said oyster commission shall have power to revoke the 
 license or licenses of said person or persons so refusing 
 as aforesaid. 
 
 *18. The members of the state oyster commission, the 
 oyster superintendent and the several captains or masters 
 of guard-boats are hereby empowered, and it shall be 
 their duty on view, without special warrant issued for 
 that purpose, to arrest any person engaged in the violation 
 of any of the provisions of this act, or the provisions of 
 any other law of this state regulating the taking, planting 
 or cultivating of oysters in the tidal waters of said county 
 of Atlantic in force and not repealed by this act. 
 
 19. It shall be the duty of the state oyster commis- 
 sion to revoke the license of any person who shall violate, 
 or cause to be violated any of the provisions of this 
 act, or any other law of this state regulating the taking, 
 planting or cultivating of oysters in the tidal waters of 
 said county of Atlantic in force and not repealed by this 
 act; and said commission shall have power to refuse 
 thereafter to allow any license to be issued to such person 
 for such period of time as the commission may fix and 
 determine. 
 
 20. ISTothing in this act shall in anywise be construed 
 to authorize or allow any person or persons, boat or ves- 
 sel to engage or be employed in the business of taking, 
 planting or cultivating oysters in the tidal waters of 
 Atlantic county, or any creek or river tributary thereto, 
 in this state, who or which are prohibited from engaging 
 or being employed in said business by laws of this state 
 in force at the time of the adoption of this act. 
 
 21. ISTo person or persons shall pass, throw or use a 
 dredge upon any of the unleased oyster grounds of this 
 state under the tidal waters of the county of Atlantic ; 
 provided, that any person holding planted oyster land 
 leased from said state oyster commission may dredge 
 upon his own leased land. 
 
EELATIVE TO CLAMS AND OYSTEES. 87 
 
 22. Any person or persons violating any of the pro- yfo'iation of 
 visions of this act, or the provisions of any other law of ^^*^" 
 
 this state regulating the taking, planting or cultivating 
 of oysters in the tidal waters of said county of Atlantic 
 in force and not repealed by this act, shall be deemed 
 guilty of misdemeanor, and on conviction thereof shall 
 be punished by a fine not exceeding one thousand dollars, 
 or imprisonment in state prison not exceeding five years, 
 or both, at the discretion of the court. 
 
 23. All acts and parts of acts, general or special, in- Repealer, 
 consistent with the provisions of this act are hereby 
 repealed, and this act shall take efi^ect immediately. 
 
CONTENTS. 
 
 PAGES 
 
 I. Act for preservation of clams and oysters 2-18 
 
 II. Miscellaneous general acts 18-25 
 
 III. Acts applicable to Delaware bay, Delaware river, Maurice River Cove 
 
 and Raritan bay 26-54 
 
 IV. Oyster act applicable to Shark river, Monmouth county 54-60 
 
 V. Act for scientific investigation of oysters 61 
 
 VI. Act providing for marking and designation of channels in Ocean, 
 
 Atlantic and Cape May counties 62 
 
 VII. Acts creating bureau of shell fisheries 63 
 
 VIII. Acts relating exclusively to Ocean county 65-77 
 
 IX. Acts relating exclusively to Atlantic county 77-87 
 
LIBRARY OF CONGRESS 
 
 lllli 
 
 002 911 446 8