3452 
     
    
   
   
    
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     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