3452

\ RuYAL GAZETTE

wharf, and shall include all suitable ground below low water mark, between that boundary and a line drawn from the lime kiln at Bourke’s Point, George- town, to the Ferry wharf at Peter’s shore. The second division shall include all below low water mark, from Morrison’s beach on the south side of Cardigan River, round to the wharf on Maclellan’s Point, Thrum Cap.

V. Every grant of the exclusive right to fish for oysters or oyster brood, and to form new oyster beds in any of the said last mentioned rivers, shall contain the following stipulations and provisions, namely: The term of the grant shall not be less than twenty years; it shall be renewable at the option of the grantee, his executors, administrators, or assigns, for a period not exceeding forty years, from the ex— piration ofthe original term oftwenty years.

VI. Ifthe grantee shall fail to pay any sum of money required by the grant to be paid, and the same shall remain unpaid for thirty days after such money shall thus become payable, the Lieutenant Governor, or other administrator of the Government, may, by notice to be published in the Royal Gazelle, declare such grant to he annulled; and the same shall there- by he annulled accordingly, as fully as though it had terminated by eflluxion oftime.

VII. The grantee during the continuance ofany grant made under the authority of this Act, shall, during the term thereof, exercise the right conferred thereby, so as not to exhaust or destroy any oyster beds in existence at the date of the grant; and shall after the expiration of the first five years, from the making of such grant, establish new oyster beds, or so treat old ones as to increase the annual yield of oysters in such river.

VIII. Any person desirous of obtaining a grant of any of the aforesaid rivers, may apply therefor by petition, to his Excellency the Lieutenant Governor, in Council.

IX. The applicant for any such grant, shall at- tach to his application a plan and description ofthe locality of which he desires a grant, which plan shall be verified by the signature of a competent land surveyor;and on receiptofsuch application, the Lieut- enant Governor in Council shall cause the right of fishery applied for, except to such extent as shall be especially granted to or applied for by any person, by virtue of the sixteenth section of this Act, to be offered for sale at public auction, at the Colonial Building in Charlottetown; and the person who shall offer the highest annual rent therefor, shall be en-

titled to receive a grant thereof, in the terms ofthis Act.

X. Thirty days notice of such sale, shall be pub- lished in the Royal Gazette.

XI. All grants made in pursuance ofthis Act,shall be registered in the Office ofthe Registrar ofDeeds in this Island; and plans of the localities granted shall be deposited with the Keeper of Plans.

XII. The cost ofthe grant and of the registry shall be paid by the grantee.

XIII. The names of all grantees, and descriptions

of the localities over which the right to fish shall have

been granted,shal| be annually published in the Roz/(II Gazette.

XIV. All oysters or oyster brood, being within the limits ofany locality,in which the exclusive right to fish shall be granted, under the authority ofthis- Act, shall be the property of the grantee; and any person who shall fish for, catch, or attempt to catch, or to injure or disturb such oysters or oyster broods, shall be guilty of a. misdemeanor, and being found guilty, shall be punished by tine or imprisonment, or both, as the Court shall award, such fine not to ex- ceed five pounds, and such imprisonment not to ex- ceed one month.

XV. The Lieutenant Governor or other adminis—~ tratnr ofthe Government, in Counci-l,shall, on applin cation, grant licenses to any grantees of any ofthe hereinbefore described rivers,authorizing such persons to take oysters or oyster brood, during the “close season,” for purposes of propagation, or for forming new beds within the limits of the rivers granted to them under the authority ofthis Act.

XVI. After the passing of this Act, any person owning land fronting. upon any river within this Is- land, who may desire to form oyster beds in front of such land, shall be entitled to receive from the Lieutenant Governor in Council, a grant ofthe right to form such oyster beds.

XVIII. Any oysters which may be laid down by any person so obtaining a grant from the Lieutenant Gayernor in Council, for the purpose of tinming a bed for the propagation of oysters, shall he the pro- perty of such person; and any person trespassing upon such oyster bed, or found guilty of, in any wav interfering therewith, by catching or attemptingr ti) catch the same, shall be liable to the same penalties- as by this Act, are inflicted upon persons guilty of interfering with oysters or oyster brood, within the limits ofany ofthe rivers hereinbcfore authorized by this Act to be granted.

XIX. Every person not being an inhabitant ofthis- Island, who shall without the authority ofthe Gov-1 ernment thereof, take up or catch any oysters at an time or season, at any place within the'limits ofthis- Island, shall forfeit and pay the sum offiVe shillinos for every bushel of oysters so taken up or caughtcbv such person; such penalty, when under twenty pounds, to be recovered with costs in Her Maiesty’s- name, before any two of Her Majesty’s Justices of the Peace, on the oath and information of any per- son who shall sue for the same; and the ofI'ender shall, and may be arrested upon a warrant, to be issued by any one Justice, for the said penalty; pro- vided that the penalty imposed by this clause, shall not extend to any person who shall have taken or caught such oysters, by the leave or permission of any grantee, of any oyster bed or ground, or other person having right to grant such leave or permission.

XX. All application for grants ofthe right to form such oyster beds, shall be accompanied by a plan of that portion of the bed of the river desired by the applicant, which said plan shall be duly vet'iiied by the signature of an authorized land surveyor.

. XXI. The Lieutenant Governor in Council, shall, tn all cases have the power to define the boundaries