FRANK BROWN, ESQUIRE, GOVERNOR.

dollars for each and every offense, and shall stand committed
to the county jail until such line and costs are paid and fully
satisfied, or may at the discretion of the court be sentenced to
the house of correction for a period of not less than one year
or more than two years.

909

SEC. 3. And be it enacted, If any boat or vessel shall be
seen sailing in any of the waters of Tangier Sound hereby
exempted from dredging as hereinbefore mentioned, in the
manner in which they sail to take or catch oysters with scoop,
scrape, drag or dredge, or similar instrument, the boat or ves-
sel shall be pursued by any officer authorized by law to make
arrests, and if said boat or vessel apprehended by said officer,
shall be found to have on board any wet oysters, or the dredge
or dredge lines or deck wet, indicating the taking of oysters at
said time, and equipped for taking oysters with scoop, scrape,
drag or dredge or similar instrument, such fact shall be prima
facie evidence that the said boat or vessel has been used in
violation of this act, and it shall be the duty of the officer to
arrest the person in command, together with the crew, and to
seize the said boat or vessel, together with all her equipments,
and bring the same before a judge or a justice of the peace
for Somerset county, to be dealt with according to the provis-
ions of this act; provided, that nothing in this act shall be
construed to prohibit vessels from seeking harbor in any of
the waters of the State.

Evidence.

SEC. 4. And be it enacted, That on information under oath
of any violations of the provisions of this act, to any justice
of the peace for Somerset county, the said justice shall forth-
with issue his warrant to the sheriff or any constable of said
county, requiring the officer to whom the said writ shall be
directed to summons a posse comitatus, if necessary, and pro-
ceed at once to arrest the party or parties alleged to have been
engaged in violating any of the provisions of this act, and
forthwith bring him or them before any justice of the peace
for Somerset county, who shall require full and sufficient bond
for their appearance before the Circuit Court; but if the
accused shall not claim a jury trial, it shall be the duty of the
justice to immediately give the case a hearing, and upon convic-
tion of the accused, impose the punishment and tines pre-
scribed in section 2 of this act.

Duty of jus-
tice of the
peace.

SEC. 5. And be it enacted, That it shall be the duty of the
sheriff, constables and officers of the State Fishery Force to
arrest any person or persons found dredging or charged under

Duty of
sheriffs, etc.