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OYSTERS 2693
tice of the Peace or any court of competent jurisdiction, shall be fined not
less than fifty dollars 'nor more than one hundred dollars, or sentenced to
the House of Correction for a term of not less than three months nor more
than one year, or both fined and imprisoned in the discretion of the Court,
and the boat or vessel used in such violation, together with the papers,
furniture and tackle on board of said boat or vessel at the time of said
violation, shall be forfeited, but shall be released upon the payment of fine.
An. Code, 1924, sec. 28. 1912, sec. 26. 1904, sec. 25. 1894, ch. 380, sec. 24.
29. Upon information given under oath to any judge of the circuit
court or justice of the peace of any violation of any of the provisions of
this article, he shall issue his warrant to the sheriff or any constable requir-
ing any of them to whom it may be directed to summon a posse comitatus,
if necessary, and proceed forthwith to arrest the party or parties alleged
to have been engaged in the violation of this article and to seize and take
possession of any boat, canoe or vessel, together with all her tackle and
apparel on board of the same, and deliver the same to the judge of the cir-
cuit court or a justice of the peace of this State, to be dealt with according
to the provisions of this article; provided, that any justice of the peace be-
fore whom any person is brought charged with a violation of any of said
sections of this article, the punishment for which is imprisonment in the
house of correction, shall grant the parties charged a speedy hearing and,
if in his judgment the facts appear to warrant a conviction, he shall hold
the parties charged for their appearance before the grand jury of the
county for which he is appointed at the succeeding term of the circuit court.
See sec. 54 and notes.
An. Code, 1924, sec. 29. 1912, sec. 27. 1904, sec. 26. 1894, ch. 380, sec. 25.
30. It shall not be lawful for the owner or master or any person on
board of or having control over any boat or vessel licensed to catch or
take oysters in the waters of this State with scoop, dredge or similar in-
strument to have or permit to be kept on such boat or vessel any cannon,
howitzer or any piece of ordnance or any swivel, musket, rifle or other
piece or species of firearms larger than a pistol, except two-shot guns not
larger than a number ten gauge, and not to use larger than number one
shot; any person who shall offend against any of the provisions of this
section, or who shall resist any officer authorized under this article to make
arrests while such officer is in discharge of his duties hereunder, shall be
deemed guilty of a felony and upon indictment and conviction thereof in
any court having jurisdiction shall be punished by a fine of not less than
fifty dollars nor more than two hundred and fifty dollars and imprisoned
in the house of correction for a term of not more than six months, in the
discretion of the court; any person who shall discharge any species of fire-
arms at or toward any officer authorized under this article to make arrests,
whilst such officer is in discharge of his duties hereunder, or at or towards
any vessel upon which such officer shall be whilst in the discharge of his
duties hereunder, shall be deemed guilty of a felony and upon indictment
and conviction thereof in any court having jurisdiction shall be punished
by a fine of not less than one hundred dollars nor more than one thousand
dollars and shall be confined in the penitentiary for not less than one
year nor more than two years, in the discretion of the court.
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