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limits of Somerset county, under the waters of said county ;
and bottoms suitable for the catching of soft shell or shedder
crabs shall be construed to mean those bottoms to which
persons have been accustomed to resort for the purpose of
catching such crabs, and where such crabs may be caught in
sufficient quantities to be profitable to persons catching soft
or shedder crabs for a livelihood; and any person violating
the provisions of this section shall be deemed guilty of a
misdemeanor, and upon conviction before a justice of the
peace or the Circuit Court for Somerset county, shall be
sentenced to pay a fine of not less than $50 nor more than
$100 for each and every offence, and stand committed to the
county jail until fine and costs are paid...
SEC. 2. And be it enacted, That after the passage of this
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Unlawful to
survey, etc.,
grassy bot-
toms under
waters of
said county.
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Act it shall be unlawful for any person to hold any grassy
bottoms under the waters of Somerset county, heretofore
located, suitable for the catching of soft shell or shedder
crabs as aforesaid, unless said bottoms have already been
improved by the planting of shells or seed oysters thereon;
and all grassy bottoms, suitable for the catching of soft and
shedder crabs, as defined in Section 1 of this Act, shall be
forfeited and surrendered to the public use, in all cases
where seed oysters or shells have not been planted on such
bottoms; and in respect to bottoms located before the pas-
sage of this Act, whereon no seed oysters or shells have
been planted, wherever any citizen of Somerset county shall
appear before any justice of the peace for said county, and
make oath that any person is attempting to hold in his pos-
session any such bottoms, suitable for the catching of soft
or shedder crabs, contrary to the provisions of this section,
it shall be the duty of said justice to issue a writ for such
person, directed to the sheriff of Somerset county, charging
such person with a violation of the provisions of this sec-
tion; and if after trial the said justice shall find such party
guilty of a violation of the provisions of this section, it shall
be the duty of the said justice to declare such oyster lot for-
feited, and to impose the costs of the prosecution in each
case where the lot may be forfeited upon the defendant; pro-
vided, that an appeal may be taken in all such cases from
the judgment of said justice of the peace to the Circuit
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Unlawful to
hold grassy
bottoms, etc.
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