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OYSTERS. 2267
venient; the authorities of either State have the right to examine into the
right of any person taking oysters in the Potomac river, who shall exhibit
their 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 offender against said sections in the Potomac river
and to pursue such offender beyond the boundary line of either State upon
navigable waters and arrest him whenever found upon such waters; and
in all cases of arrest the offender may be tried before such justice of the
peace or court having criminal jurisdiction which shall be convenient.
An. Code, sec. 65. 1904, sec. 63. 1894, ch. 380, sec. 55.
67. The penalties imposed hy sections 62, 64 and 65 shall be recov-
ered before any justice of the peace of either State in any county of either
State, with the right to the State or the defendant to appeal to the .circuit
court for the county in which such cause has been tried, or to the criminal
court of Baltimore, if tried in Baltimore city, or in the Hustings court of
the city, if tried in a city of Virginia; the parties and vessels charged may
be arrested without warrant and carried before any justice of the peace;
the justice shall cause a guard to be put upon the vessel and the parties
charged to be confined in jail or bailed; upon conviction the offender shall
be committed to jail until the fine is paid and the vessel shall be sold at
public auction by the sheriff of the county or city for cash after ten days'
notice; in case of appeal the appellant shall remain in custody and the
vessel shall be sold as above provided, unless recognizance be entered into
for double the amount of the fine and double the value of the vessel condi-
tioned for the performance of the final judgment of the court; upon such
recognizance being given, the party convicted and the vessel shall be
discharged.
An. Code, sec. 66. 1904, sec. 65. 1904, ch. 341, sec. 55B.
68. Any person found guilty of violating any of the provisions of this
article relating to culling or of violating the preceding section, and who
shall have committed such offense upon the waters of the Potomac river,
shall not be subject to the penalties prescribed by section 11 of the article,
but in lieu thereof shall be fined not less than twenty-five dollars nor more
than five hundred dollars, and shall in addition be adjudged to have the
cargo of oysters found not to be within the requirements of this article
relating to culling confiscated and placed back upon the bottoms from
which they were taken. It shall be the duty of the inspector or other officer
to have such oysters placed upon the said bottoms.
An. Code, sec. 67. 1904, sec. 66. 1904, ch. 341, secs. 3 and 4.
69. The provisions of sections 64, 66 and 68 of this article shall take
effect from the date of taking effect in the State of Virginia of an act
embodying the provisions of said sections as enacted by said sections, and
See foot-note to sec. 62.
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