FISHERIES, GAME AND FOREST LAW. 307 



Oyster Beds Protected. 



§ 1S9. Sub. 1. No person shall fish for, take or catch any oysters or hard clams between 

 half an hour after sunset and half an hour before sunrise, except in the waters of the Kill von 

 Kull and the Arthur Kill. No person shall in any wise interfere with, take, disturb or carry 

 away the ovsters of another lawfully planted or cultivated in any of the waters of this state, or 

 remove any stakes or buoys or any boundary marks of any planted or cultivated beds. The presence 

 of any person on said beds with dredges or tongs overboard shall be considered prima facie 

 evidence of guilt. Whoever shall violate or attempt to violate the provisions of this subdivision 

 shall be guilty of a misdemeanor and in addition thereto shall be liable to a penalty of one 

 hundred dollars for each violation thereof. 



2. All sheriffs, deputy sheriffs and constables, shall, and any other person, may, seize any boat 

 or vessel used by any person or persons in violation of subdivision one of this section, together 

 with the tackle, apparel and furniture of said boat or vessel wherever found, within one year after 

 such violation, and shall forthwith give notice thereof to any justice of the peace of the county 

 where the seizure was made. 



3. The justice of the peace, to whom such notice is given as provided in subdivision two of 

 this section, shall forthwith fix a time and place for trial, and give at least six days' previous 

 notice of the same to the person or persons in possession of said boat or vessel at the time of 

 such seizure, and also to the owner thereof, if said persons entitled to such notice are known and 

 are residents of the county within which the seizure is made. If any of the persons entitled to 

 such notice are unknown or are non-residents of the county where the seizure is made, then the 

 said justice of the peace shall order that a notice directed to such person or persons, if known, 

 or if unknown, then generally to whom it may concern, be published once a week, for two 

 successive weeks, in a newspaper published in the said county, which notice shall contain, as 

 near as may be a description of the boat, vessel or property seized, a concise statement of the 

 grounds of seizure thereof and the time and place fixed by the said justice of the peace for trial, 

 which time shall not be less than six days from the day of the last publication of such notice. 



4. At the time and place fixed by the said justice of the peace for trial or at such time and 

 place to which the said justice of the peace may adjourn the same, he shall determine by the 

 evidence taken by him whether such boat, vessel or property was used in interfering with, taking, 

 disturbing or carrying away oysters or other shellfish in violation of any provisions of this section, 

 and if said justice of the peace shall determine that said boat, vessel or property was so used, he 

 shall order the same to be sold together with the furniture, tackle and apparel, and shall direct 

 the manner of the sale thereof. The avails from such sale, after deducting all the charges and 

 expenses of such seizure, trial and sale, which said justice of the peace may allow, shall be paid 

 to the commissioners of fisheries, game and forest. 



5. Any person who shall prevent or obstruct any person from entering and seizing any boat 

 or vessel liable to seizure under the provisions of this section, shall be guilty of misdemeanor 

 and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment for not 

 more than one year or both. 



(As amd. by chap. 383 of Laws of 1896.) 



