154

OYSTERS. [ART. 13.

treasurer, upon warrant of the comptroller, and the" certificate of
commanding officers, that their duties have been performed as re-
quired by law; and the board of commissioners of the State Fishery
Force shall have power to appoint some suitable person to perform

Clerk.

the duty of clerk to said commissioners, and allow such compensa-
tion to said clerk as in their judgment may be proper; Provided,

Salary

the amount so paid does not exceed five hundred dollars per annum.

Id s 36
Proviso as to
existing suits.

37. Nothing contained in this act shall affect any suits, actions,
presentments or indictments now pending before any tribunal in
this State, which have been instituted under the provisions of pre-
vious laws hereby repealed.

Id s 39
Worcester
county
excepted

Id s 40
Proviso

38. Nothing in this act shall be construed so as to apply to
Worcester county.
39, Nothing in this act shall be construed to prohibit vessels
from seeking harbors in any waters of this State.

TERRAPINS

1878, c 424, s 1
When diamond-
back terrapin
not to be taken

40. It shall be unlawful for any person to take or catch diamond-
back terrapins from the waters of this State between the first day
of April and the first day of November in each year.

Id s 2
Of what size not
to be taken

41. It shall be unlawful for any person or persons to take or catch
from the waters of this State any diamond-back terrapin of a less
size than five inches in length, upon the bottom shell, at any time.

Id s 3
Terrapin eggs
not to be
destroyed
Id s 4
Citizens of
counties only to
take

42. It shall be unlawful for any person to interfere with, or in
any manner destroy, the diamond-back terrapin eggs.
43. None but bona fide citizens of the counties of this State
bordering upon the waters of the same shall take or catch diamond-
back terrapins from said waters.

Id s 5
Fine for viola-
tion

44. Any person or persons violating the provisions of this act,
shall be deemed guilty of a misdemeanor, and upon conviction of
the same, before a justice of the peace in the county in which the
offence shall have been committed, he, she, or they shall be fined a
sum not less than five nor more than ten dollars for each diamond-
back terrapin so taken or caught, or for destroying any diamond-

To whom to be
paid

back terrapin eggs, one-half of said fine to go to the informer, and
the balance to be paid over by the said justice of the peace to the
county commissioners of said county, to be by them disbursed for
the benefit of said county, said fine to be collected as other fines
and forfeitures are now collected.

Id s 6
Possession
deemed Evidence.

45. The possession of any diamond-back terrapin by any person
or persons within the time prescribed by this act, prohibiting the tak-
ing and catching of the same, shall be deem ed prima facie evidence
that said person or persons have violated the provisions of this act.

Id s 7
Constables to
arrest.

46. The constables of the several counties of this State shall,
upon the information of any one, arrest all persons violating the
provisions of this act, and carry them before the nearest justice of
the peace of the county wherein such offence shall have been com-
mitted, to be dealt with in accordance with the provisions of section.
44 hereof.