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bles in his county, commanding him, her or them, to require
such and so many persons as he or they shall deem necessary,
to aid and assist him or them in apprehending every person or
persons offending against all or any of the preceding sections,
in any of the bays, rivers, creeks or waters of this state, and
forthwith to bring such offender, when apprehended, before
any justice of the peace, to be proceeded against in the manner
herein before directed.
See 1833, ch. 254, sec. 2.
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informa-
tion, &c.
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SEC. 4. And be it enacted, That it shall not be lawful for
any person or persons who hath or have not resided within this
state twelve months previously thereto, to carry oysters out of
this state, and if any master or skipper of a vessel, who has not
resided within this state twelve months previous thereto, shall
hereafter transport any quantity of oysters taken from any place
within this state to any place beyond the limits thereof, every
such master or skipper shall forfeit and pay one hundred dollars
for every such offence, to be recovered in any court of record
by any person who will sue for the same. In all actions which
shall be brought against any master or skipper of any vessel in
pursuance of this act, such master or skipper shall be required
to give appearance bail, provided the plaintiff shall make affida-
vit before a justice of the peace of the cause of such action, to
be transmitted to the clerk of the court wherein the suit shall
be prosecuted. Whensoever any person shall make affidavit
that he has good cause to believe that any master or skipper of
a vessel not resident as aforesaid, has received on board such
vessel, oysters for the purpose of transporting them out of this
state, contrary to the provisions of this act, it shall be lawful for
the justice of the peace before whom such affidavit shall be
made, and within whose jurisdiction such vessel may be, to
issue his warrant for the immediate apprehension of such master
or skipper, and for bringing him before such justice of the
peace, or before any other justice of the same county, and the
justice before whom such person shall be brought, upon hear-
ing such evidence as may be adduced before him, if there be
no good cause to believe that the violation of the provisions of
this act is intended, shall discharge from further custody such
master or skipper, but, if it shall appear to such justice, that
there is good cause to believe that a violation of the provisions
of this act is intended by such master or skipper, then it shall
be the duty of such justice to commit such master or skipper
to the gaol of the county wherein such justice resides, unless
he shall enter into recognizance, with sufficient security, in a
sum not exceeding one hundred dollars, upon condition, to ap-
pear at the next court to be held in such county, and to abide
and perform such order or orders as shall be made by the said
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Penalty for
tarrying
oysters oat
of the state.
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