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<br /> 130;tn § S8 MARINE FISH AND FISHERIES r.
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<br /> l;j:• Where a license was issued to A., un- recorded license and whatever right the
<br /> der P.B.1882, c. 91, §§ 97, 99, and later defendant might have had if he had
<br /> statutes, to plant, etc., oysters on the called for his second license upon receiv- .
<br /> flats In the tide waters of a bay, and B. Ing notice that it had been awarded to
<br /> Just previously had applied for a renew- him his failure to call for it left it open
<br /> al of his license to the same flats, and, for the selectmen to grant a license to
<br /> having failed to take It out, after being the plaintiff, and the license so granted
<br /> notified that it was to be granted, the was valid, and the fact that oysters
<br /> license was issued to A., who thereafter planted by the defendant remained upon
<br /> brought an action of tort under P.B. the territory gave the defendant no
<br /> 1882, c. 91, § 99, agalnst B. for entering right to gather them after the plaintiff
<br /> the flats and carrying away oysters, the obtained his license. Keene v. Gifford
<br /> F statutes contemplate a written and (1893)32 N.E. 946,158 Mass. 120.
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<br /> �,i■„ d. § 59. Application for license; request for survey and plan
<br /> �,, .►' Any person, firm or corporation qualified as provided in section
<br /> n fifty-seven and desiring to obtain a license thereunder shall present to
<br /> .�I •-._ the city council or selectmen a written application setting forth the
<br /> name and residence of the applicant, a definite description made by
<br /> reference to a survey conducted by the applicant, and a request that
<br /> such license be granted to the applicant.
<br /> Added by St.1941, c. 598, § 1. Amended by St.1973, c. 931, § 4.
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<br /> �tw Historical Note
<br /> As added in 1941, this section read: tion of the desired territory, and a re-
<br /> "Any person, firm or corporation quest that the territory be surveyed and
<br /> qualified as provided in section fifty- a plan thereof made, if the same has
<br /> 4a d seven and desiring to obtain a license not already been done, and that such Ii-
<br /> thereunder shall present to the aldermen cense be granted to the applicant"
<br /> or selectmen a written application set- Bt.1973, c. 1131, § 4, approved Oct 17,
<br /> ting forth the name and residence of the 1973, rewrote the section. '
<br /> applicant, a reasonably definite descrip-
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<br /> a r' § 60. Hearing on issuance of license; notice; publication
<br /> F � Y No license referred to in section fifty-seven shall be granted,
<br /> transferred or renewed until after a public hearing, due notice of
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<br /> �• which has been posted in three or more public places, and published
<br /> in a newspaper, if any, published in the city or town where the terri-
<br /> tory described in the application is situated at least ten days before
<br /> the time fixed for the hearing, stating the name and residence of the
<br /> applicant or trarsferee, as the case may be, the date cf the filing of
<br /> the application for such license, transfer or renewal, and the location,
<br /> area and description of said territory.
<br /> Added by St.1941, c. 598, § 1.
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