112 



Officere must 

 arrest. 



for 



taking 



or catchino; ovsters with sec 



scrape, drag or dredge or similar instrument, it 

 shall be prima facie evidence tliat the said boat 

 or vessel has been nsed in violation of this act, 

 and it shall be 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 

 waters of this State. 



Where culled. 



Fine for vio- 

 lation. 



Sec. 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 persons 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 be fined not less than lifty nor more than 

 three hundred dollars, or sentenced to the House 

 of Correction for a term not less than three 

 months, nor more than three years, or forfeit 

 the canoe or vessel used in said violation. 



Sec. 41. A7id be it enacted, That any person 

 peS!^^' °^ ^^ <^i' persons convicted iinder any of the provi- 

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

 right of an appeal. 



How 

 strued. 



Sec. 42. And be it enacted. That nothing in 

 this act shall be construed so as to apply to 

 Worcester county. 



Arrest 

 violation. 



Sec. 43. And be it enacted. 

 the duty of the commander 

 ^°' dilifrentlv Avatch and miard 

 persons dredging, tonging or 

 license, and the commanders 

 sels shall likewise guard and 

 for any violation of the law 



, That it shall be 



of the steamer to 



and to arrest all 



scooping without 



of the sailing ves- 



arrest all persons 



in this respect in 

 their several districts ; any violation of duty 



