APPENDIX. 139 



Sec. 4. No person shall be allowed to set or keep, or cause to be set or kept, 

 within any of the waters of the state, any pots or nets for the catching of lobsters 

 who has not had his home and residence in this state for the period of one year 

 next preceding the time of his catching such lobsters. Every person violating 

 any of the provisions of this section shall be fined twenty dollars and be im- 

 prisoned not more than thirty days for each such offence. 



Sec. 5. Every person, except the commissioners of inland fisheries and their 

 deputies, who shall lift or raise any pot or net set for the catching of lobsters, 

 without the permission of the owner or owners thereof, shall be fined ten dollars 

 for each such offence. 



Sec. 6. Every person who mutilates a lobster by severing its tail from its 

 body, or has in his or her possession any such tail or tails of lobsters before such 

 lobsters are cooked, shall be fined five dollars for each such offence; and in all 

 prosecutions under this act the possession of any such tail or tails of uncooked 

 lobsters shall be prima facie evidence to convict. 



Sec. 7. The Commissioners of Inland Fisheries shall appoint at least two 

 deputies, whose duties shall be the enforcing of the provisions of this act. Each 

 of said deputies appointed as aforesaid shall be, by virtue of his office, a special 

 constable, and as such deputy may, without warrants, arrest any person found 

 violating any of the provisions of this act and detain such person for prosecution 

 not exceeding twenty-four hours. Said deputies shall not be required to enter 

 into recognizance or become liable for costs. 



Sec. 8. For the purpose of enforcing the provisions relative to the protection 

 of lobsters, the Commissioners of Inland Fisheries and their appointed deputies 

 may search in suspected places, or upon any boat or vessel that they may believe 

 is used in the catching or transporting of lobsters, and may seize and remove 

 lobsters taken, held, or offered for sale in violation of the provisions of this act. 



Sec. 9. Fines incurred under any of the provisions of this act shall enure one- 

 half thereof to the use of the complainant and one-half thereof to the use of the 

 state. ■ 



Sec. 10. The several district courts shall have concurrent jurisdiction with 

 the common pleas division of the supreme court over all offences under this act, 

 and to the full extent of the penalties therein specified; parties defendant, how- 

 ever, having the same right to appeal from the sentences of said district courts 

 as is now provided by law in other criminal cases. 



Sec. 11. Sections eight, nine, and ten of Chapter 171 of the General Laws, 

 entitled "Of certain fisheries," and also Chapters 316 and 857 of the Public 

 Laws, and all acts and parts of acts inconsistent herewith, are hereby repealed. 



Sec. 12. This act shall take effect upon and after its passage. 



