and maps

The surveys and maps heretofore made of said Surveys land and the stakes set under the provisions of the act adopted. referred 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 commissioner, 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 have been surveyed, mapped or staked Further under the provisions of said act said commissioner surveys. 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 deliver to the commissioner appointed under this act all the maps, surveys, leases and records in their possession relating 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 Leases. 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 described and set forth in the first section of this act as the same appear upon the maps, surveys or by the stakes heretofore made and set as referred to in the last preceding section; provided, however, Proviso. that if said leasing be by private contract the annual rental shall not be less than fifty cents nor more than three dollars per acre, or fraction thereof; the lessee or lessees of said tracts or parcels of land shall, in all cases, be citizens of the state of New Jersey resident within the county of Monmouth, and shall pay the rent agreed to be paid for each tract or parcel 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

Failure to pay rental

to forfeit right.

Notice to show cause.

Commis

sioner may

tal at hearing.

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 before said lease or leases shall be canceled and the right of any person or persons to the land held thereunder shall be forfeited as above set forth the said 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 Neptune or Wall, in said county, within thirty days from the date of service 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 accept ren- such lessee or lessees so appear and show sufficient cause 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 pay said rental; and in case of the failure of said lessee or lessees to so appear and show cause as aforesaid 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 aforesaid; 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 untii after the expiration of the time so fixed; whenever personal serNotice, how 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 newspaper published in the county of Monmouth and circulating within the townships of Neptune and Wall aforesaid for a period of at least four wecks; which

Cancellation

of lease.

served.

publication shall be deemed of the same force and effect as though said notice or notices had been personally served.

Prior rights lessees.

of present

4. Any person or persons in possession 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 privileges 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 Proviso. application therefor, in writing, be filed with the said. commissioner within thirty days after the expiraton 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 Removal of 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 owning 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

clams and

oysters.

Exclusive cupation.

right of oc

Who may plant,

gather, etc.

Liability

for trespassing.

Record kept.

tract or parcel of land during the term for which the same shall be leased for the purpose 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 whatsoever, other than the lessee or lessees aforesaid and 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 person or persons shall enter within said boundaries 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 offence 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 imprisonment 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 official 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; Annual re- he shall annually, on or before the first day of October, report, under oath, to the state comptroller his receipts and disbursements, and after said report shall be audited and approved by the state comptroller, he shall pay to the state treasurer the balance of money remaining in his hands as shown by said report; he shall receive for his services, each year, one-half of

port.

Compensa

tion.

bureau of shell fish

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 Report to of shell fisheries of this state, on or before the first day of November, his receipts and disbursements, a cries. 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 required by the chief of said bureau, shall also file any other records, papers, writings or data or reports pertaining 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, in- Repeater. consistent herewith be and the same are hereby repealed, and this act shall take effect immediately. Approved March 7, 1905.

CHAPTER 15.

An Act to establish the office of deputy register of deeds and mortgages in counties of this state in which the office of register of deeds and mortgages now exists or may hereafter exist.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

register of deeds and mortgages.

I. Any register of deeds and mortgages of any Deputy county of this state may, in his discretion, from time to time, select and appoint some competent person as deputy register of deeds and mortgages for the county in which said register of deeds and mortgages holds office, which deputy shall hold his office during the pleasure of the register of deeds and mortgages of such county for the time being, and who shall, in the absence or at the request, but under the direction of the register of deeds and mortgages, have full power to perform all the duties of the office of the register of Duties. deeds and mortgages, in as full a manner as the