- Title
- Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session [1891]
-
-
- Date
- 1891
-
-
- Creator
- ["North Carolina."]
-
- Place
- ["North Carolina, United States"]
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Laws and resolutions of the State of North Carolina, passed by the General Assembly at its session [1891]
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1 SO 1 . — Chapter 338.
360
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
be used any drag, scrape, dredge, patent tongs, or other instrument,
except, hand tongs, for the purpose of catching or taking oysters
from the public oyster grounds of the state. Any person or persons
Tiolating the provisions of this section shall be guilty of a misde¬
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¬
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
oyster fund of the state. Whenever any such instrument as is for¬
bidden by this section to be used in the taking of oysters is found on
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 shaii use or cause to be used in any of the waters
of the state any instrument or boat for the purpose of taking or
catching oysters from the public grounds of the state unless he shall
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
any oystering apparatus to be used for the benefit of such non-resi¬
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
apparatus as aforesaid in the waters of the state under such pre¬
tended sale or transfer, or as the pretended employee of any citizen,
it shall he 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 sufficient evidence shall require them to enter into
a justified 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 less than five hundred dollars, or imprisoned in the
county jail, to be hired out by the commissioners of said county, for
Unlawful to use
any Instrument,
except liaDd
tongs, to tube
oysters from
state «rounds.
Misdemeanor.
Forfeiture.
J'rimtt facie
evidence.
Only residents to
use instrument
or boat to take
oysters from state
grounds.
Non-resident, not
to sell oystering
apparatus forliis
use, Ac.
Prooeullng
against non-resi¬
dent operating
oystering appa¬
ratus, Ac.
Penalty.
24
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