348 LAWS RELATING TO 



said fine to be recovered by complaint before the municipal court of 

 the city of Boston. 



Sect. 2. Any constable or police officer of the cit}' of Boston may 

 without a warrant arrest any person whom he finds in the act of taking 

 shell fish in violation of the provisions of the preceding section of this 

 act, or in the act of carrying away shell fish so taken, and detain him 

 in some place of safe keeping until a warrant can be procured against 

 such person upon a complaint for said offence : provided^ that such 

 detention shall not exceed twenty-four hours. — [March 23, 1878. 



[1869, 384.] 



An Act to amend Chapter three hundred and eighty-four of the Acts of the year 



eighteen hundred and sixty-nine concerning the Cultivation of Fishes. 



1878, 172. Be it enacted., etc., asfolloivs: Sect. 1. Whoever 

 uses an}' sweep seine in the waters of the Connecticut, Westfield, 

 Deerfield, Miller's, Merrimack, Nashua, or llousatonic rivers, or their 

 tributaries, naving a mesh which stretches less than five inches, shall 

 forfeit for the first oflfence twent^'-five dollars, and for ever}' subse- 

 quent offence fifty dollars ; and in each case shall also forfeit the 

 apparatus thus unlawfull}^ used, and the fish captured. 



Sect. 2. Section twent^'-one of chapter three hundred and eighty- 

 four of the acts of thej^ear eighteen hundred and sixty-nine is hereby 

 repealed. 



Sect. 3. This act shall take effect on the first day of December 



next. — [April 23, 1878. 



[P. S. 91, § 39.] 



An Act for the better protection of the Oyster Fisheries in this Commonwealth. 



1878, 179. Be it enacted, etc., as follows: Sect. 1. No person 

 siiall dig, lake or carry away any oysters by any method whatever, 

 from any flats or creeks, for which a license has been granted under 

 the provisions of section sixteen of chapter eighty-three of the General 

 Statutes, between sunset and sunrise. Any person holding a license 

 under the provisions of said section who shall violate the foregoing 

 provisions, shall upon conviction thereof, in addition to the penalties 

 hereinafter provided, forfeit his license together with the oysters re- 

 maining on the premises licensed, to the town or city granting the 

 same. 



Sect. 2. An}^ person who shall violate any of the provisions of 

 this act, and any person who digs or takes any oysters from an}' flats 

 or creeks described in any license granted under the provisions of sec- 

 tion sixteen of chapter eighty-three of the General Statutes, during 

 the continuance of such license, without the consent of the person so 

 licensed, shall be punished by a fine not more than one hundred dollars, 

 or imprisonment in the house of correction not less than thirty days 



