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CHAP. 24.
Penalty for carry-
ing oysters out
of the state.
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peace, to be proceeded against in the manner herein before di-
rected.
4. And be it enacted, That it shall not be lawful fur any person
or persons who hath or have not resided within this state twelve
months previously thereto, to carry oysters out of this state, and
if any master or skipper of a vessel, who has not resided within
this state twelve months previous thereto, shall hereafter trans-
port any quantity of oysters taken from any place within this
state to any place beyond the limits thereof, every such master or
skipper shall forfeit and pay one hundred dollars for every such
office, to be recovered in any court of record by any person who
will sue for the same. In all actions which shall be brought
against any master or skipper of any vessel in pursuance of this
act, such master or skipper shall be required to give appearance
bail, provided the plaintiff shall make affidavit before a justice of
the peace of the cause of such action, to be transmitted to the
clerk of the court wherein the suit shall he prosecuted. Whensoever
any person shall make affidavit that he has good cause to believe
that any master or skipper of a vessel not. resident as aforesaid, has
received on board such vessel, oysters for the purpose of trans-
porting them out of this state, contrary to the provisions of this
act, it shall be lawful for the justice of the peace before whom
such affidavit shall be made, and within whose jurisdiction such
vessel may be, to issue his warrant for the immediate apprehen-
sion of such master or skipper, and for bringing him before such
justice of the peace, or before any other justice of the same coun-
ty, and the justice, before whom such person shall be brought,
upon hearing such evidence as may be adduced before him, if.
there be no good cause to believe that the violation of the provi-
sions of this act is intended, shall discharge from further custody
such master or skipper, but, if it shall appear to such justice,
that there is good cause to believe that a violation of the provi-
sions of this act is intended by such master or skipper, then it
shall be the duty of such justice to commit such master or skip-
per to the gaol of the county wherein such justice resides, unless
he shall enter into recognizance, with sufficient security, in a
sum not exceeding one hundred dollars, upon condition, to ap-
pear at the next court to be held in such county, and to abide
and perform such order or orders as shall be made by the said
court, if upon all the circumstances of the case the court shall
adjudge that there is good cause to believe that such master or
skipper is about to violate the provisions of this act, by trans-
porting oysters out of this state, the said court shall require of
such master or skipper to enter into recognizance, with sufficient
security, in a sum not exceeding one hundred dollars, upon con-
dition, that such master or skipper shall not, within one year
thereafter, be guilty of the violations of this act.
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Penalty on per-
sons not residents
putting oysters on
board any vessel,
&c.
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5. And be it enacted, That no person who has not previously
resided twelve months in this state, shall gather or catch oysters,
in any of the bays, rivers, creeks or waters of this state, and put
them on board of any canoe, boat, scow, flat, or other vessel, not
wholly belonging to and owned by some, person or persons who
hath or have resided twelve months in this state, previously to
such oysters being so put on board of such canoe, boat, scow,
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