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Session Laws, 1912
Volume 370, Page 37   View pdf image
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PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 37

State, shall be punished by any of the magistrates or Courts
of the State of which he is a citizen having criminal jurisdic-
tion.

The authorities of either State shall have the right to exam-
ine into the right of any person taking fish, oysters or crabs
in the Potomac River, or having same in his possession; and
any person taking fish, oysters or crabs in the Potomac River
or having same in his possession shall exhibit his authority
for so doing whenever required by the police or other legal
authority of either State. The legal authorities of either State
shall have the right to arrest any such offender, and, if neces-
sary in order to arrest, shall pursue such offender beyond the
boundary line of either State upon navigable waters, and arrest
such offender whenever found upon such waters.

SEC. 8. Penalties where not otherwise provided—Forfeit-
ure of vessel. Any person violating any section of this act,
where not otherwise provided, shall, upon conviction thereof,
be fined not less than twenty-five dollars nor more than three
hundred dollars; and where forfeiture of boat, vessel, net or
other equipment is provided for in any section of this act the
said boat, vessel, net or other equipment shall be sold at public
auction by the sheriff of the county for cash after ten days'
notice; in case of appeal, the appellant shall remain in custody,
and the boat, vessel, net or other equipment shall be sold as
above provided, unless recognizance be entered into for double
the amount of the fine and double the value of said boat, vessel,
net or other equipment, conditioned on the performance of the
final judgment of the Court. Upon such recognizance being
given, the party convicted and the aforesaid property shall be
discharged.

SEC. 9. Failure of officer to perform duty—Penalty. If
any oyster inspector or other officer empowered with the duties
of enforcing the provisions of this act, knowingly fail to report
violations of the same or to perform any of the duties herein
required of him, he shall, for every such offense, be liable to
a fine of one hundred dollars, to be applied to the oyster fund
of his State.

SEC. 10. An emergency existing for the passage of this
act because of the depletion of fish and shell fish in the Potomac
River, the same shall take effect from the date of its passage;
provided concurrent legislation has been passed by the General
Assembly of Virginia; or, if not passed, then immediately
upon the passage thereof.

 

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Session Laws, 1912
Volume 370, Page 37   View pdf image
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