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ROBERT M. McLANE, ESQUIRE, GOVERNOR.
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719
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derailed; one-fourth of the proceeds of such sale shall
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be paid to the party making the capture, including the
officers and crews of the fishery force, and the balance
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Disposition of
prooeedn.
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shall be paid into the treasury of the state to be cred-
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ited to the oyster fund.
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SEC. 13. And be it enacted, That the fines accruing
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under this act shall be paid by the sheriff, constable or
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officers of the state fishery force collecting the same,
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within ten days, to the clerk of the county or city
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Fines paid to
clerk.
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where such fine may accrue, and such clerk shall ac-
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count for the same in his next quarterly return to the
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comptroller of the treasury to be placed to the credit
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of the oyster fund.
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SEC. 14. And be it enacted, That it shall be unlawful,
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without authority from the owner, for any person or
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Unlawful to
catch or take
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persons to take or catch planted or bedded oysters,
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bedded oysters.
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knowing them to be so planted or bedded. Any per-
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son or persons violating the provisions of this section
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shall be deemed guilty of a misdemeanor, and on con-
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viction in the circuit court for the county wherein the
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oysters were bedded, shall be fined not less than five
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Penalty.
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dollars nor more than fifty dollars, or be sentenced to
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the House of Correction for a term of not less than
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three months nor more than three years, at the discre-
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tion of the judge or justice trying the same.
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SEC. 15. And be it enacted, That it shall be unlaw-
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ful for any person or persons to take or catch oysters, or
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to have oysters in possession between the fifteenth day
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When unlawful
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of April, and the first day of September, in each and
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every year; provided, that if oysters are caught before
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the fifteenth day of April, they may be disposed of at
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any time before the twenty-fifth day of the same
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month; any person violating this section shall be
deemed guilty of a misdemeanor, and fined by a jus-
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tice of the peace of the county wherein the offense
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was committed, not less than fifty dollars, nor more
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Penalty.
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than two hundred dollars, or imprisonment in the
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House of Correction for not less than three months nor
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more than three years.
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SEC. 16. And be it enacted. That it shall be unlaw-
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ful for any person or persons to take or catch oysters
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on Sunday or at night, at any time during any season,
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When unlawful
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or to carry oysters, in the shell, between the fifteenth
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day of April and the first day of September, and any
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person, or persons violating this section, shall be fined
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a sum of not less than fifty dollars, nor more than.
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