The assignment of a lease of a private oyster fishery in the public waters of the State, given by the Commissioners under the "Act for the preservation of oysters and other shell fish within this State," if made with the assent of the Commissioners, will pass to the assignee the legal title of such fishery. The lessees of oyster fisheries in the public waters of the State are obliged to set up and renew such stakes, buoys and marks only as the Commissioners shall require. The provision of the act, requiring that one part of the lease executed by the lessee and the Commissioners shall be transmitted forthwith to the General Treasurer, is directory to the Commissioners, and a compliance therewith need not be proved by the State in an indictment for stealing oysters from a private bed granted by such lease. Where a portion of the public waters are leased for a private oyster fishery, no one, unless authorized by the owner, has a right thereon for the purpose of taking qauhaugs.
These exceptions were argued before this court, and after advisement, overruled.