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An Act to promote and encourage the planting of oysters and clams. 1858-1859 77 (1858)

handle is hein.slavery/ssactsnc0287 and id is 1 raw text is: 1858-'59.-OHAP. 33. AN ACT TO PROMOTE AND ENCOURAGE THE PLANTING OF 0Y8- Chap. 33. TERB AND CLAMS. SEroN 1. Be it enacted by the Genera A88embly qf the Who may State nd ' make bede, Ac. State of North-lai'olina, and it i8 hereby enacted by the au. thority qf the 8ame, That any white inhabitant of this State, may make beds and lay down, and plant oysters and clams, in any of the waters of this State, having first obtained li- cense, as hereinafter directed, from the court of pleas and quarter sessions of the county in which such beds may be, and may stake out the ground upon which he desires to make such beds, with good and substantial stakes, set at suit- able distances, whereby the boundaries thereof may be clearly known and distinguished, and of such length as to be at least two feet above high water mark, and every such perspn who shall obtain such license, shall hold the same, abd have exclusive privilege thereof to him, his heirs and assigns; Provided, That nothing herein contained, shall af- feet the rights of any owner or proprietor of lands, in which there may be creeks or inlets, or which may be adjacent to any navigable waters ; and nothing herein contained, shall be so construed as to authorize any person to appropriate to his own use, or to stake off and enclose any natural oyster ordlam bed, or in anywise to infringe the comimon right of the citizens of the State to any natural oyster or clan bed, or to obstruct the free navigation of the waters aforesaid. SC. 2. Bd it further enacted, That the courts of pleas court imly and quarter sessions are hereby authorize, in their discre- r' Icenm. tion, to grant license to any white inhabitant of the State, to make oyster or clam beds, who shall apply to the court by a petition in writing, describing therein particularly the place upon which they desire to make such beds, not incl- ding therein more than two acres, and the said license shall be forfeitediby the failure to use such beds, or to keep thom properly designated by stakes for the space of two years. Spo. 3. Be it further enacted, That if any person, wJtlhout Tresspass(4, permission of the owner, shall injure the same, or the stakes Ac. thereof, or commit any trospuss upon the said beds, he shall be liable to indictment, and on conviction, be fined at the 7 7

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