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1S91.— Chaptee 338. 369
CHAPTER 338,
An act to promote and protect the oyster interests of the state.
The General Assembly of North Carolina do enact :
Section 1. It shall be unlawful for any person to use or cause to Unlawful louse
. any instrumenl,
be used any drag, scrape, dredge, patent tongs, or other instrument, excfpt hand
except hand tongs, for the purpose of catching or taking oysters oysters°rom^
from the public oyster grounds of the state. Any person or persons si-^te grounds.
Tiolating the provisions of this section shall be guilty of a misde- Misdemeanor,
meanor, and upon conviction shall be fined not less than five hun-dred
dollars or imprisoned not less than one year in the state prison,
and shall furthermore forfeit the boat used for such unlawful pur- Forfeiture,
pose, together with all its appliances and appurtenances thereto
belonging. Said boat, its appliances and appurtenances to be adver-tised
for thirty (30) days at the court-house door by the sheriff of the
county wherein the arrest and seizure was made and sold by him at
public auction, and the proceeds of said sale shall be applied to the
©yster fund of the state. Whenever any such instrument as is for- prima facie
bidden by this section to be used in the taking of oysters is found on evidence,
any boat engaged in the catching or transportation of oysters, it
shall be prima facie evidence of the use of such instrument, and
the burden shall be upon those in charge of such boat to prove that
said instrument has not been used.
Sec. 2. No person shall use or cause to be used in any of the waters only residents to
of the state any instrument or boat for the purpose of taking or
"r^oat^to take*"
catching oysters from the public grounds of the state unless he shall oysters from stat«
have resided continuously in the state at least twelve (12) months
next preceding the day upon which he shall begin to take oysters;
and no non-resident of the state shall make any sale or transfer of ]Son-resident not
any oystering apparatus to be used for the benefit of such non-resi- apparaUis tor'^his
dent, or to be used by such non-resident as the servant or employee "^^' *''•
of a citizen, and any such sale or transfer not made bona fide and
for full consideration shall be void. Upon affidavit founded upon
information and belief that any non resident is operating any such proeefding
apparatus as aforesaid in the waters of the state under such pre- dent°opei-atii^^^'
tended sale or transfer, or as the pretended employee of any citizen, oystering appa-it
shall be the duty of the justice of the peace before whom such
affidavit is made to issue a warrant against such non-resident and
citizen, and upon suflBcient evidence shall require them to enter into
a justifierl bond in the sum of one thousand dollars each for their
appearance at the next term of the superior court of the county in
which such arrest is made, and upon conviction said defendants shall
be fined not lees than five hundred dollars, or imprisoned in the Penalty.
county jail, to be hired out by the commissioners of said county, for
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