SEC. 10. Such leases shall be executed by such lessee as well as by said commissioners, in two parts; one part thereof to be delivered to such lessee, and the other part thereof to be retained by said commissioners; and shall contain proper covenants for the payment of rent, and the performance of the conditions and observance of the restrictions therein set forth, with proper clauses reserving to said commissioners a right to reënter on behalf of the state, and to terminate said lease, for breach of any of said covenants. SEC. 11. Said commissioners shall, before granting any such lease, cause the land, to be leased as aforesaid, to be surveyed and platted, and shall, in all cases, cause proper bounds with marks thereon to be set up on the shore, opposite and nearest to such land to be leased as aforesaid, in order to define the limits thereof, and whenever and so far as the same can be done without interfering with navigation, shall cause such land, to be leased as aforesaid, to be enclosed with stakes or buoys not more than two rods apart, with such marks thereon as they may direct. Such bounds, stakes, or buoys, with the marks thereon, shall be renewed whenever the commissioners' shall direct, and the said commissioners shall cause the said plats to be bound in a book. SEC. 12. The drawing and executing of such leases, the surveying and platting, the setting up and marking of bounds on shore, and the enclosing of the lands leased with stakes or buoys, and the marking of the same as aforesaid, shall, in all cases, be done under the direction of the commissioners, at the expense of the applicant or applicants for such lease; and the commissioners shall receive from such applicant or applicants their necessary expenses, and one dollar and a half per day for each day's actual service about his or their application. SEC. 13. Every person who shall injure, deface, or destroy such marks or bounds, or shall break, pull up, injure, carry off, cut, or destroy any such stake or buoy, or deface any mark thereon, or shall tie or fasten any boat or vessel to any such stake or buoy, shall be fined twenty dollars for each offence, one half thereof to the use of the state, and the other half thereof to the use of the complainant. Every such person shall, in addition thereto, be liable in an action of the case, to pay double damages and costs to the person who shall be injured, by having the marks and bounds, stakes or buoys of their said lots injured, defaced, removed, or used as aforesaid. SEC. 14. The oysters planted or growing in any private oyster ground leased as aforesaid shall, during the continuance of the lease, be the private personal property of the lessee of such oyster ground; and the taking and carrying away thereof, or of any of the same, shall be larceny, under all circumstances in which the taking and carrying away of any other personal property would be larceny, and shall be punished accordingly; and, in addition to the penalty prescribed by law for larceny, the person convicted shall forfeit his boat, and her tackle and apparel, and all the implements used in the commission of said offence; but nothing in this section contained shall interfere with or invalidate the right of any lessee to commence any private action for the taking and carrying away of his oysters aforesaid, and to recover full damages for the private injury by him thereby sustained. SEC. 15. Said commissioners shall, from time to time, diligently inspect and ascertain whether or not the terms and restrictions of the leases, in regard to the importing and planting of oysters, are kept and performed in a just and proper manner, and whether or not the rents are punctually paid; and, in case said terms and restrictions are not kept and performed, or said rents are not punctually paid, the commissioners shall forthwith enter upon the land so leased, and terminate the lease. SEC. 16. The commissioners are authorized, in the name of the state, to institute at any time after such rent shall fall due, any legal proceedings that may be necessary for the collection of such rent. SEC. 17. The commissioners may take possession of any lot leased upon which the rent or assessment shall not have been paid, and may dispose of such lot with all of the oysters thereon, by public auction to the highest bidder, upon giving one week's notice of such sale in some newspaper printed in Providence. SEC. 18. Every person who shall take oysters from any several and private oyster ground or bed, except between the hours of sunrise and sunset on any day, shall be fined twenty dollars for each of fence, one half thereof to the use of the state and the other half thereof to the use of the complainant; and every boat or vessel used or in any way employed in so doing, shall, together with its tackle, apparel, furniture, and implements on board, be forfeited. SEC. 19. Every person who shall unlawfully take and carry away any oysters from any private oyster-bed, shall be fined not exceeding one hundred dollars, nor less than twenty dollars. SEC. 20. Every person who shall wilfully break up, damage, or injure any bed of oysters, or any tract of land leased from the state, as and for an oyster-bed, by depositing thereon earth, stones, or dredgings, or scoopings from the river or docks, or in any other manner, shall be fined five hundred dollars, one half to the use of the state, and the other half to the use of the complainant; and shall forfeit his boat or vessel, with her tackle, apparel, and furniture, and all of the implements by him used in injuring such oyster-bed. Proceedings to collect rents. Commissioners may sell, &c., rent has not been paid. lot on which Penalty for taking oysters from private bed, except between sunrise and sunset. Penalty for ond conviction. SEC. 21. Every person convicted a second time of a violation of Further penalany of the provisions of this chapter shall, in addition to the penal- ties upon secties hereinbefore mentioned, be deprived of the privilege of fishing for oysters in the waters of this state, for the space of three years thereafter, under penalty of thirty days' imprisonment for each offence. SEC. 22. Every person who shall take more than two bushels of oysters during any one day from Trustan Pond, in South Kingstown, shall forfeit not less than five dollars, nor more than twenty dollars, for every bushel so taken above two bushels. Trustan Pond, what oysters may be taken from. bles. SEC. 23. Each of said commissioners is hereby declared to be, by Commissioners virtue of his office, a special constable, and, as such commissioner, may special constaarrest any person he may find in the act of violating any of the provisions of this chapter, and may seize any boat or vessel, with her tackle, apparel, and furniture, and all implements belonging thereto, boats, &c., May seize when employed in taking oysters, or in injuring any oyster-bed, in when. violation of the provisions of this chapter, and, without giving surety for costs to the state, may make complaints for all such violations. SEC. 24. Nothing in this chapter contained shall be construed to prevent any citizen of this state from digging clams or quahaugs on the shores of the public waters of this state. Clams, &c., who may dig. 9. Penalty for raising lobster pots or 10. Electors of New Shoreham may 11. Electors of Tiverton may regulate 12. Fishery in Petaquamscut River, 13. Smelts; nets, &c., used for catch- 14. Penalty for violation of two pre- 15. Fishery in waters west of line SECTION 17. In Point Judith Ponds' breach. 20. Weirs or nets in, when prohib- 21. Seines and nets, of what length 23. Penalty for violating any provis ion of preceding six sections. 24. Penalty on non-residents for carrying from the state lobsters, tautog, and other fish. 25. Penalty for taking fish in streams or fresh ponds, except by hook and line, or from private ponds, &c., without owner's consent. 26. Penalty for unlawfully taking pickerel or trout. 27. Actions for violating any provision 28. Penalty for obstructing, &c., chan- 32. Penalties, how to enure. SECTION 1. Every person who shall set or draw any seine in any part of the river running from Warren River through the town of Barrington to the dividing line between the town of Barrington and the town of Rehoboth, shall forfeit twenty dollars. SEC. 2. Every person who shall set or draw any seine or net in Easton's Pond, in Newport and Middletown, for the purpose of catching fish, or shall set any such net or seine in the creeks or inlets of said pond above the bridge at Easton's Beach, shall be fined twenty dollars, or be imprisoned ten days. SEC. 3. If any person shall set or draw any seine or net in Kickamuit River, within half a mile from the place called the Narrows, he shall forfeit fifteen dollars. SEC. 4. If any person shall erect or make any weir, pot, or other contrivance, to obstruct the course of fish across Puncatest, alias Nomquit Pond, or any part thereof, or in any river or stream leading into or out of said pond, at any time, he shall forfeit ten dollars. SEC. 5. If any person shall set any hanging or mesh net in Puncatest, alias Nomquit Pond, or in any river leading into or out of said pond, from the first day of January to the first day of August in every year, he shall forfeit ten dollars. River, above SEC. 6. If any person shall erect or continue in Palmer's River, In Palmer's above Kelly's Bridge, any weir, dam, or other obstruction to prevent the free passage of fish up said river, he shall forfeit fifteen dollars for the first offence, and ten dollars for every twenty-four hours any such weir or dam or other obstruction shall be continued after the first twenty-four hours. SEC. 7. If any person, not at the time an inhabitant of this state, Same subject. shall set or draw any seine or net in Palmer's River, above Kelly's Bridge, on Thursday, Friday, or Saturday of each week; or if any person shall set or draw any seine or net in said river, above said bridge, on Sunday, or between the setting and rising of the sun on any day, he shall forfeit for each offence fifteen dollars. SEC. 8. 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 twenty dollars for each offence. SEC. 9. If any person shall lift or raise any pot or net set for the catching of lobsters, without the permission of the owner thereof, he shall forfeit ten dollars. SEC. 10. The electors of the town of New Shoreham may, in town meeting called for that purpose, enact such ordinances as they may think proper, to protect and to regulate the taking of shell and other fish in Great Salt Pond, and may impose penalties therefor, not exceeding twenty dollars fine and three months imprisonment for any one offence. SEC. 11. The electors of the town of Tiverton may, in town meeting called for that purpose, make such regulations for the preservation of the fish, and may exercise such control over the fisheries of Nomquit Pond, within the limits of said town, as they may think proper. Penalty for unlawfully setting lobster pots, &c. Penalty for raising such pots, &c. Electors of New Shoreham fishing in Great may regulate Salt Pond. Electors of Tiv erton may regulate fishery in Nomquit Pond. Fishery in Petaquamscut River, and penalty. Smelts, nets, &c., used for catching, allowed, when, SEC. 12. No person shall, between the first Monday in October and the first Monday in January, erect any weir or draw any seine or net for the purpose of catching or obstructing the passage of fish, at or within one hundred and sixty rods of the mouth of Petaquamscut River in South Kingstown, nor shall any person erect or put down any weir, standing seine or trap seine, or hoop net of any kind, either within or across said river, at any other season of the year. SEC. 13. Nothing in the next preceding section shall be construed to prohibit any person from using nets or fishing crafts for the catching of smelts, such as are commonly used in the smelt fishery, between the first day of February and the first day of April, in every year; &c. or, to prohibit the setting of gill nets for bass in said river or pond: Provided, that such nets shall not exceed twenty fathoms in length, nor be set within twenty fathoms of each other, nor south of the dividing line between lands of William G. Watson and George W. Crandall, nor within twenty rods of the narrows that connect the upper and lower ponds; nor shall any person maintain any such standing seine or net, in the same place, for more than twenty-four hours, if any other person demands the same place for the purpose of setting a like net, or drawing a seine therein. SEC. 14. Every person who shall violate any of the provisions of the next preceding two sections shall be fined not less than twenty dollars, or more than fifty dollars, for each offence, and shall forfeit Penalty for violation of two preceding sections. Fishery west of line from Quanset Point the net, seine, boat, and other apparatus by him used in such violation. SEC. 15. Every person who shall set any trap, net, or draw any seine at any time, west of a straight line drawn from Quanset Point, on the north side of Wickford harbor, to Room's Point, on the Point, and pen- south side of said harbor, shall be fined not less than five dollars alty: to Room's In waters west In Point Judith nor more than twenty dollars, one half thereof to the use of the complainant, and the other half to the use of the state. Nothing in this section contained shall be construed to prevent surface, bag or purse seine fishing, for catching menhaden. SEC. 16. Every person who shall set any trap, net, or draw any seine at any time, west of a line drawn from Calf-pasture Point, on the north side of Allen's harbor, to Rocky Point, on the south side thereof, or west of a line drawn from Pojack Point, on the south side of Potowomut River, to Marsh Point, on the north side thereof, shall be fined not less than five dollars, nor more than twenty dollars, one half to the use of the complainant, and the other half to the use of the state. SEC. 17. No person shall, from the fifteenth day of April to the ponds' breach. fifteenth day of June, inclusive of both days, in every year, or from the fifteenth day of August to the fifteenth day of December, inclusive of both days, in every year, commencing at the rising of the sun on both days, erect any weir, or set or draw any seine or net for obstructing, catching, or hauling of fish, within half a mile east from Point Judith ponds' breach, meaning the breach for the time being into the sea; or within a point on the west side of said breach, four rods distant from Joseph Champlin's fish-house (so called), or within said breach, or within any channel leading to said ponds, or any branch thereof from the sea, or within a quarter of a mile of the entrance of such channel into said ponds or branches of said ponds; and when the fifteenth day of December happens on Sunday, this prohibition shall continue to the rising of the sun on the next succeeding day. In Point Judith ponds. Same subject. Weirs or nets in, when prohibited. What seines or nets may be used. SEC. 18. No weir shall be erected, nor any standing seine or net set, across the channel, nor in Point Judith ponds, within a quarter of a mile from the following places, viz.: Alder Point, near where Saukatucket River flows into the 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 Gooseberry Hole. SEC. 19. No person shall, between the first Monday in April and the second Monday in June in every year, commencing at the rising of the sun and ending at the setting thereof, erect any weir or net or draw any seine or net for the purpose of catching or obstructing the passage of fish, in any part of Point Judith Pond, south of a line drawn from the most northerly point of Strawberry Hill on Great Island to the most northerly point of "High" point in said pond, SEC. 20. No person shall erect any weir or set or draw any seine or net for the obstructing, catching, or hauling of fish, within any part of said ponds or any branch thereof, at any time from the fifteenth day of August to the fifteenth day of December in every year, commencing and ending at the rising of the sun on both of said days. SEC. 21. No seine or net of any sort shall be used at any time within said ponds, or any branch thereof, of over one hundred fathoms long, nor any standing seine or net of over twenty-five fathoms in length. SEC. 22. No person shall set any standing seine or net, at any |