﻿112 
  

  

  Officere 
  must 
  

   arrest. 
  

  

  for 
  taking- 
  or 
  catcliing 
  oysters 
  with 
  scoop, 
  

   scrape, 
  drag 
  or 
  dredge 
  or 
  similar 
  instrument, 
  it 
  

   shall 
  be 
  prima 
  facie 
  evidence 
  that 
  the 
  said 
  boat 
  

   <»]' 
  vessel 
  has 
  been 
  used 
  in 
  violation 
  of 
  this 
  act, 
  

   and 
  it 
  shall 
  l)e 
  the 
  duty 
  of 
  the 
  officer 
  to 
  arrest 
  

   the 
  person 
  in 
  command 
  of 
  said 
  boat 
  or 
  vessel, 
  

   and 
  seize 
  the 
  said 
  boat 
  or 
  vessel, 
  together 
  with 
  

   all 
  her 
  equipments, 
  and 
  bring 
  the 
  same 
  before 
  

   a 
  Judge 
  or 
  Justice 
  of 
  the 
  Peace 
  most 
  accessa- 
  

   ble, 
  to 
  be 
  dealt 
  with 
  according 
  to 
  law; 
  provided, 
  

   that 
  nothing 
  in 
  this 
  act 
  shall 
  be 
  construed 
  to 
  

   prohibit 
  vessels 
  from 
  seeking 
  harbor 
  in 
  any 
  

   w^aters 
  of 
  this 
  State. 
  

  

  Where 
  culled. 
  

  

  Fine 
  for 
  vio- 
  

   lation. 
  

  

  Sp]o. 
  40. 
  And 
  be 
  it 
  enacted. 
  That 
  all 
  oysters 
  

   taken 
  from 
  any 
  of 
  the 
  waters 
  of 
  this 
  State, 
  shall 
  

   be 
  culled 
  upon 
  their 
  natural 
  bed 
  or 
  bar 
  ; 
  any 
  

   person 
  or 
  jDersons 
  violating 
  the 
  provisions 
  of 
  

   this 
  section, 
  shall 
  be 
  deemed 
  guilty 
  of 
  a 
  misde- 
  

   meanor, 
  and 
  upon 
  trial 
  and 
  conviction 
  before 
  

   any 
  Judge 
  or 
  Justice 
  of 
  the 
  Peace 
  of 
  this 
  State, 
  

   shall 
  ])e 
  fined 
  not 
  less 
  than 
  fifty 
  nor 
  more 
  than 
  

   three 
  hundred 
  dollars, 
  or 
  sentenced 
  to 
  the 
  House 
  

   of 
  Cori-ection 
  for 
  a 
  term 
  not 
  less 
  than 
  three 
  

   montlis, 
  nor 
  more 
  than 
  three 
  years, 
  or 
  forfeit 
  

   the 
  canoe 
  or 
  vessel 
  used 
  in 
  said 
  violation. 
  

  

  Right 
  of 
  ap- 
  

   peal. 
  

  

  Sp:c. 
  41. 
  And 
  be 
  it 
  enacted^ 
  That 
  any 
  person 
  

   or 
  persons 
  convicted 
  undei- 
  any 
  of 
  the 
  provi- 
  

   sions 
  of 
  this 
  act, 
  shall, 
  in 
  all 
  cases, 
  have 
  the 
  

   rig] 
  it 
  of 
  an 
  appeal. 
  

  

  How 
  

  

  strued. 
  

  

  Sec. 
  42. 
  And 
  be 
  if 
  enacted, 
  Thi\t 
  nothing 
  in 
  

   this 
  act 
  shall 
  be 
  construed 
  so 
  as 
  to 
  apply 
  to 
  

   Worcester 
  count}^ 
  

  

  Arrest 
  

   violation. 
  

  

  Sec. 
  48. 
  And 
  be 
  it 
  enacted. 
  That 
  it 
  shall 
  be 
  

   the 
  duty 
  of 
  the 
  commander 
  of 
  the 
  steamer 
  to 
  

   '■°'' 
  diligently 
  watch 
  and 
  guard 
  and 
  to 
  arrest 
  all 
  

   perscms 
  dredging, 
  tonging 
  or 
  scooping 
  without 
  

   license, 
  and 
  the 
  commanders 
  of 
  the 
  sailing 
  ves- 
  

   sels 
  shall 
  likewise 
  guard 
  and 
  arrest 
  all 
  persons 
  

   for 
  any 
  violation 
  of 
  the 
  law 
  in 
  this 
  respect 
  in 
  

   their 
  several 
  districts 
  ; 
  any 
  violation 
  of 
  duty 
  

  

  