| Any person intending to build or extend any wharf, fish weir |
| or trap in tidewaters, within the limits of any city or town, may |
apply in writing to the municipal officers thereof of the city or |
| town, stating the location of the weir, the boundaries of the |
| cove in which the weir will be constructed as identified on a map |
| prepared by the Commissioner of Marine Resources, limits and |
| boundaries, as nearly as may be, of the intended erection or |
extension, and asking license therefor for the intended erection |
| or extension. The application must provide proof to the |
| municipal officers that all parties that may be directly affected |
| by the proposed construction have been notified of the |
| application. Upon receiving an application, the officers shall |
give at least 3 days' public notice thereof of the application in |
| a newspaper, published in the town, or, if there is no newspaper |
| published in the town, in a newspaper published within the |
county, and shall therein designate in the notice a day and time |
| on which they or their designee will meet on or near the premises |
| described, to examine the same and hear all parties interested. |
If, upon following such examination and hearing of all parties |
| interested, the officers decide that such erection or extension |
| would not be an obstruction to navigation or injury to the rights |
| of others, and determine to allow the same, they shall issue a |
| license under their hands to the applicant, authorizing the |
| applicant to make such an erection or extension, and to maintain |
| the same within the limits mentioned in such license. The |
| applicant for license to build or extend a fish weir or trap |
| shall first give bond to the town, with sureties, in the sum of |
| $5,000, conditioned that upon the termination of such license the |
| applicant shall remove all stakes and brush from the location |
| therein described. The municipal officers shall, within 10 days |
after the date of hearing, give written notice by registered mail |
| of their decision to all parties interested. Any person aggrieved |
| by the decision of the municipal officers, in either granting or |
| refusing to grant a license as provided, may appeal to the |
| Superior Court within 10 days after the mailing of such written |
| notice. The court shall set a time and place for hearing and give |
| notice thereof in the same manner as provided for a hearing |
| before the municipal officers. The decision of the court must be |
| communicated within 10 days after the date of hearing to the |
| appellant and to the municipal officers of the town in which the |
| proposed wharf, weir or trap is to be located. This decision is |
| binding on the municipal officers, who shall issue a license, if |
| so directed by the decision of the court, within 3 days after the |
| decision has been communicated to them. If the appeal is |
| sustained by the court in whole or in part, the appellant will |
| have costs against the appellee. If the appeal is not so |