Shall appoint

ter; and every such person shall be fined twenty dollars and
be imprisoned not more than thirty days for each such offence.
SEC. 10. The commissioners of shell fisheries shall appoint deputies.
at least four deputies, whose duties shall be the enforcing of
the provisions of this chapter; they shall be selected one from
Bristol county, one from Kent county, one from Newport
county, and one from Washington county. Each of said dep-
uties appointed as aforesaid shall be by virtue of his office a
'special constable, and as such deputy may, without warrant,
arrest any person found violating any of the provisions of
this chapter and detain him for prosecution not exceeding
twenty-four hours.

inure.

SEC. 11. Fines incurred under any of the provisions of this Fines, how to act shall inure one-half thereof to the use of the complainant and one-half thereof to the use of the state.

SEC. 12. The several district courts shall have concurrent jurisdiction with the common pleas division of the supreme court over all offences under this chapter and to the full extent of the penalties therein specified; parties defendant, however, having the same right to appeal from the sentences of said district courts as is now provided by law in other criminal cases.

SEC. 13. Chapter 173 of the General Laws, entitled "Of the scallop fisheries," and all acts and parts of acts inconsistent herewith are hereby repealed.

SEC. 14. This act shall take effect upon and after its passage.

District courts

to have concurrent juris

diction with

common pleas

division of su

preme court

over offences

under this chapter.

Passed March 24, 1903.

Commissioners of shell-fisher

ies may lease

private oyster

ground in the

town of Westerly.

CHAPTER 1092.

AN ACT IN AMENDMENT OF SECTION 7 OF CHAPTER 853 OF THE PUBLIC LAWS, PASSED MARCH 29, 1901, ENTITLED "AN ACT IN AMENDMENT OF AND IN ADDITION TO CHAPTER 170 OF THE GENERAL LAWS, ENTITLED 'OF PRIVATE AND SEVERAL OYSTER FISHERIES.'

It is enacted by the General Assembly as follows:

SECTION 1. Section 7 of Chapter 853 of the Public Laws, passed March 29th, 1901, entitled "An act in amendment of and in addition to Chapter 170 of the General Laws, entitled 'Of private and several oyster fisheries,'" is hereby amended so as to read as follows.

"SEC. 7. Said commissioners may, unless otherwise by certain land as statute prohibited, agree to lease in the name of the state, by public auction or otherwise, to any suitable person being an inhabitant of this state, any piece of land within the state, covered by four feet of tide water at mean low tide, as delineated upon the plats in the office of the commissioners of shell fisheries, and not within any harbor line: Provided, that in Brightman's Pond or Babcock's Pond, so-called, in the town of Westerly, said commissioners may agree to lease any piece of land therein, below mean low-water mark, whether the same is covered by four feet of tide water or not, to be used as a private and several oyster fishery for the planting and cultivation of oysters thereon, upon such terms and conditions as they may deem proper, but not for a longer term than ten years or for a shorter term than five years, nor for a rent of less than ten dollars per annum for every acre to be leased where the water is of the depth of less than twelve feet at mean low water, as shown on the plats in the office of the commissioners of shell fisheries, and not agreeing to lease more than one acre at a time in one lot or parcel to one person

or firm, but in drawing such leases said commissioners may include in the instrument of lease one or more acres of land so leased by them, and all such leases shall be made and executed free of expense to the lessee; and neither of such commissioners shall at any time be interested in any lease of ground for planting oysters, or in the cultivation or product thereof: Provided, however, that in Little Narragansett bay, and in Pawcatuck river below 'Pawcatuck rock,' so-called, the said commissioners may let such land on terms as to time and rentals as may seem to them best."

CHAPTER 1222.

AN ACT FOR THE BETTER PROTECTION OF THE SHELL FISH-
ERIES IN THE PUBLIC WATERS OF THIS STATE, PASSED
AT THE JANUARY SESSION, A. D. 1905.

It is enacted by the General Assembly as follows:

SECTION 1. No person shall deposit in, or allow to escape into, or shall cause or permit to be deposited in, or allowed to escape into any of the public waters of this state, any substance which shall in any manner injuriously affect the growth of the shell-fish in or under said waters, or which shall in any manner affect the flavor or odor of such shell-fish so as to injuriously affect the sale thereof, or which shall cause any injury to the public and private fisheries of this state.

SEC. 2. Any person violating any of the provisions of this act shall upon conviction thereof be fined not less than five hundred dollars or more than two thousand dollars, one-half thereof to the use of the complainant and one-half thereof to the use of the state: Provided, that in case of conviction upon prosecution by the commissioners of shell fisheries the whole of any fine imposed shall go to the use of the state.

SEC. 3. Every person violating any of the provisions of this act shall be liable to pay to the party injured by such violation

Passed April 13, 1905.

double the amount of damages caused thereby, to be recovered in an action of the case in any court of competent jurisdiction. It shall not be necessary before bringing suit for the recovery of such damages for a criminal prosecution to have been first instituted for the violation of the provisions of this act, nor shall the recovery of damages under this section be a bar to such criminal prosecution.

SEC. 4. It shall be the duty of the commissioners of shell fisheries to investigate all complaints made to them of the violation of any of the provisions of this act. For the purpose of such investigation said commissioners may make examination of the premises, hold public hearings, summon witnesses, and take testimony under oath, and they shall have power to punish, by fine or imprisonment or both, all contempt of their authority in any hearing before them. They may employ proessional or expert services as they may deem desirable.

SEC. 5. It shall be the duty of the shell-fish commissioners to prosecute any person in their opinion guilty of the violation of any of the provisions of this act, and in all such prosecutions said commissioners shall not be required to enter into any recognizance or to give surety for costs. It shall be the duty of the attorney-general to conduct the prosecution of all cases brought by said commissioners under the provisions of this act. Complaints may be also brought and prosecuted by any citizen for any violation of its provisions.

SEC. 6. The expenses incurred by the commissioners of shell fisheries in the performance of the duties imposed upon them by this act shall be paid by the general treasurer, out of any funds in the treasury not otherwise appropriated, upon the presentation of vouchers therefor duly certified by their chair

man.

SEC. 7. All provisions of the General Laws, of the Public Laws, and of any special law, inconsistent here with, are hereby repealed, and this act shall take effect upon its passage.