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SEC. 11. If any person not at the time an inhabitant of this state shall set or keep, or cause to be kept or set, within any of the waters, or upon or within three miles of any shore of this state, more than two pots or nets for the catching of lobsters, at any one time, he shall forfeit and pay the sum of twenty dollars for each offence.

SEC. 12. If any person shall lift or raise any pot or net set for the catching of lobsters, without permission of the owner thereof, he shall forfeit and pay the sum of ten dollars.

SEC. 13. No person shall at any time from the fifteenth day of April to the fifteenth day of June, or from the fifteenth day of August to the fifteenth day of December, in every year, erect any weir, or set or draw any net or seine for the obstructing, catching or hauling of fish, within half a mile from Point Judith ponds breach into the sea, or within said breach, or within any channel leading to said ponds from the sea, or within a quarter of a mile from the entrance of any such channel into said ponds.

SEC. 14. No weir shall be erected nor any stationary seine or net set across the channels, nor in Point Judith ponds, within a quarter of a mile from the five following places, viz: Alder Point, near where Saucatucket river vents itself into said ponds; Prince's Narrows, which connect the upper with the lower ponds; Strawberry Hill, on Great Island; High Point, so called, on land of the heirs of Joseph Sherman, and Goose-berry Hole, so called.

SEC. 15. No person shall at any time from the fifteenth day of April to the fifteenth day of June, in every year, erect any weir or draw any seine or net for the obstructing, catching or hauling of fish at the breach or entrance of Petaquamscut river, nor within one mile thereof.

SEC. 16. No weir shall be made or erected across Petaquamscut river at any time, nor shall any standing seine be set across the same.

SEC. 17. Nothing in either of the next preceding four sections shall be construed to prohibit any person from using such nets or fishing craft for the catching of smelts as are commonly used in the smelt fishery, from the first day of February to the first day of April, in every year.

SEC. 18. If any person shall erect any dam or weir across Mill Cove, in Warwick, or from the mouth of said cove to the pond of fresh water which runs into said cove, or shall keep up any dam or weir already therein made, at any time between the first day of April and the first day of June in every year, without leaving open through such dam or weir a suffi

cient way for the fish to pass, he shall forfeit and pay the sum of ten dollars for the first offence, and five dollars for every twenty-four hours such dam or weir shall be continued without such sufficient way therein.

SEC. 19. No person shall fish in any way in said Mill cove, or in the stream leading from said pond into said cove, on Sundays, nor on Saturdays or Mondays, save with a hook and line; nor shall any person catch or hinder any alewives coming down said Mill cove or brook at any time. If any person shall be convicted of the breach of any provision of this section, he shall forfeit and pay the sum of three dollars. SEC. 20. If any person shall set or draw any seine or net in said Mill cove, or from the mouth thereof to the pond of fresh water which empties into the same, he shall forfeit and pay the sum of fifty dollars.

SEC. 21. Every violation of the thirteenth, fourteenth, fifteenth and sixteenth sections of this act, shall be proceeded against by indictment before any court competent to try the

same.

SEC. 22. Every person who shall be convicted of a violation of the thirteenth, fourteenth, fifteenth or sixteenth section of this act, shall be fined not less than twenty nor more than fifty dollars; and shall also forfeit the boat, seine, net or other apparatus by him used, in violating any provision of the thirteenth or fourteenth sections of this act; one half of said fine and forfeiture shall be to the use of the person complaining, and the other half to and for the use of the state.

SEC. 23. All the forfeitures in this act contained, unless where other provision is made, shall and may be recovered by action of debt before any justice of the peace in the town where the same shall be incurred, if the same do not exceed twenty dollars; and if it exceed that sum, before the court of common pleas in the same county; one half thereof to the person who shall sue for the same, and the other half to and for the use of the town in which the offence shall be committed.

An Act to prevent the taking of Sea-weed from the shore of Dutch Island.

Sea-weed not to be unlawfully taken from Dutch Island. Penalty for taking the

same.

It is enacted by the General Assembly, as follows:

Any person who shall be convicted before any court competent to try the same, of unlawfully taking or removing from the shores of Dutch Island in Narragansett Bay any sea-weed, rock-weed, or any other sea manure, shall forfeit and pay the sum of five dollars for every cart-load so taken, to any person who shall sue for the same.

An Act to regulate the Measure of Fish sold for Manure.

SECTION

1. Fish manure-
e-how measured, &c.

measure to be sealed.

2. Penalty on sealer for fraud.

SECTION

3. Penalty for selling by measure not sealed.

4. Penalties how recovered, &c.

It is enacted by the General Assembly, as follows:

SECTION 1. When fish are sold by measure for manure, they shall be measured in a barrel or half barrel; the barrel containing twenty-eight gallons, and the half barrel fourteen gallons; which shall be sealed by the sealer of weights and measures of the town in which the same shall be used, or of some other town.

SEC. 2. If any sealer of weights and measures shall seal any barrel or half barrel which shall contain a less quantity than prescribed in the next preceding section, he shall forfeit the sum of fifty dollars.

SEC. 3. If any person shall measure any fish sold by measure, in any barrel or half barrel not sealed according to the provisions of this act, he shall forfeit the sum of ten dollars for each offence.

SEC. 4. All penalties incurred under this act shall be recovered by action of debt, before any court of competent jurisdiction; one half thereof to and for the use of the state, the other half to and for the use of the person who shall sue for the same.

An Act to regulate the taking of Sea-weed from Hyde's Hole Beach, in Barrington.

SECTION

1. When sea-weed may be taken from the public beach-in what quantity and

manner.

SECTION

2. Inhabitants of the town only, to carry away.

3. Penalty for taking and carrying off contrary to provisions of the act.

It is enacted by the General Assembly, as follows:

SECTION. 1. The inhabitants of the town of Barrington may at all times hereafter, between the rising and the setting of the sun, take up and carry off from the public beach in said Barrington, extending west from Hyde's Hole to land of the heirs of John Watson, with their teams, carts or wagons, not exceeding two loads of sea-weed each in any one day: provided, always, that no person shall take more than one load of sea-weed in any one day, until all who shall have repaired to said beach with their teams shall have obtained one load each.

SEC. 2. No person other than an inhabitant of the town of Barrington shall be permitted to take or carry off from said beach any sea-weed, in any manner whatever.

SEC. 3. Any person who shall take or carry off from said beach any sea weed contrary to the provisions of this act, shall forfeit and pay the sum of ten dollars for each and every load of sea-weed so carried off; to be recovered in an action of debt, before any justice of the peace in the county of Bristol; one half part thereof to the use of the complainant, and one half part thereof to the use of the town of Barrington.

An Act confirmatory of the Tenure of Lands belonging to the Narragansett tribe of Indians, and for other purposes therein mentioned.

SECTION

1. Tenure of Indian lands established.
2. Penalty for cutting wood on their
lands.

SECTION

3. Tribe not suable for debts contracted after passage of this act.

Whereas the tenure of lands belonging to the Narragansett tribe of Indians in this state is derived to them from their ancestors, and depends upon tradition and usage among themselves and whereas it is proper that said tenure should be secured to them by statute:

SECTION 1. Be it therefore enacted by the General Assembly, and by the authority thereof it is enacted, That said tenure as evidenced by their tradition and usages be and hereby is declared the legal tenure of said lands, and be and is hereby confirmed accordingly.

SEC. 2. And be it further enacted, That it shall not be lawful for any person whomsoever, except the members of said tribe, to cut down, take or carry away from any of the lands belonging to said tribe any tree, timber or wood of any kind whatever, nor aid or assist therein; and if any person or persons shall commit any such trespass, he, she or they shall be liable to an action of quare clausum fregit, to be commenced and prosecuted by and in the name of the treasurer of said tribe for the time being, before any court competent to try the same; and if found guilty shall pay four times the value of the trees, timber or wood by him, her or them so cut down, taken or carried away as aforesaid, and double costs.

SEC. 3. And be it further enacted, That no writ or process at law shall be brought against the said tribe or any individual thereof, for the recovery of any debt contracted subsequently to the passing of this act: that it shall be the duty of all courts and justices in the state, in case any such writ or process be brought, to dismiss the same, and to adjudge double costs against the plaintiff.

Passed 1822.

SECTION

An Act in relation to the Indian Tribe in this State.

1. Commissioner to be annually appointed-his duties.

2. Commissioner to be engaged-term of

office-compensation.

SECTION

3. Power to sue in his own name.
4. Enforce laws for protection of tribe,

&c.

It is enacted by the General Assembly, as follows:

SECTION 1. There shall be appointed annually by the governor a commissioner of the Indian tribe, who shall give bond with surety or sureties to the satisfaction of the governor, for the faithful performance of the duties of his appointment; whose duty it shall be to superintend and oversee the affairs of said tribe; to settle all controversies among them as to real or personal estate, or for other causes subject to appeal to this general assembly; and to ascertain and report to the general treasurer from time to time the situation of said tribe, and any facts relating thereto.

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