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An Act to amend the act. 1848 75 (1848)

handle is hein.slavery/ssactsva0641 and id is 1 raw text is: Preservation of Pish.-Oysters and Terrapins.                      75
2. Be it further enacted, That any person offending against tile Penalty threlfor.
provisions of this act, shall suffer n penalty of one hundred dollars
for cach offience, to be recovered by action of debt by any one who now recoverabla.
vill sue for the same, or by indictment, presentment or information
in anly court of record in tile county in which the offence may have
bcen committed, or in which the offender may be found or taken;
and, moreover, shiall be punished by imiprisonment in tite jail of tile tImpriso,,nn .
county where such offender shall be tried, not exceeding twelve
months, at the discretion of the jury; one half of' which penalty
shall go to the inlorimer who shall sue for the same, and tie other
half to the use of the commonwealth, for the benefit of the Literary
fund.
3. This act shall be in force from and after the fifteenth day ofconnnccncent.
March next.
CO.k. 122.-An ACT to ninend the act, passed April ,It,, 1818, entitled 4 an
act amlenfdiig tie act, entitled 'Ian act concerning oysters nd terrapins,
and the paittitties in regard to them,'  passed Mafrch 22d, Id17, and tr
other purposes.
[Passed 'ebruary C7, 18.19.]
1. Be it enacted by the gencral assemby, That hereafter it shall WIjen ;nawrl
. to c:atchl oysters
not be lawful for tlh citizens of this state, or of' any other state, to nr lerrailn oin
take or catch oysters or terrapins for any purpose, in the months ofiriizallhei City
June, July and August, in or from the waters contiguous to andandWarwick.
within tile jurisdiction of' Elizabeth City and Warwick counties, on
the southern side of said counties : 'rovidcd, That notitg herein Proviso.
contained, shall be so construed as to repeal, or ii any manner aflect
tie third section of the act, passed April the fourth, eighteen hun- See Acti 1847.,
dred and forty-eight, entitled  an act amending tie act, entitled ' an C. 1, §:, p. 5..
act concerning oysters and terrapins, ald the penalties in regard to
them,'  passed March twenty-second, eighteen hundred and f'orty.
Seven.
2. Be it further enacted, That the ninth section of tile act, Oysters rnny l
passed March tie twenty-second, eighteen hundred adt forty-seven, transior ian
ysel)Atwrlnam mny.
entitled  an act concerning oysters and terrapins, and tile penalties Fe,.Act 1816.7,
in regard to themn, be and the same is hereby so altered and amended, c.8,   9, p. 73.
so far as the waters aloresaid of the counties of Elizabeth City and
Warwick are concerned, as to allow the taking and catching of' oys-
ters in or from the said waters, for the purpose of transportation out
of the state, in tle ttionths of April and May.
3. Bc it further enacted, That hereafter it shall not be lawfil for Wviio to tak nyq-
any others than citizens of Elizabeth City and Warwick counties, and 1 , or eruis
the citizens of York county, residing south of Poquosin river, to sinrivuer.
take or catch oysters or terrapins in or from the waters aforesaid
of the said counties of Elizabeth City and Warwick, except in Back Mayouysuir In
river and its branches. And any person or persons offending against liVer oni
the foregoing provisions of this act; or knowingly suffering or per- l'caty rikr vio.
M  r                                           ,    .  la ,nt.
mitting his, her or their servants or slaves, or y1113' servant or slave in
his, her or their service or employment, to violate [he same, shall
suffer a penalty of one hundred dollars for each offence, to be re- Ilow recoverablo.
covered by action of debt (in which bail may be-demanded as of
right,) by any one who will stle for the same, or by indictment, pre-
sentment and information, in any court of record in ihc county in
which the offence may have been committed, or in which tile offen-
der may reside or be found, one half of such penalty for the benefit
of the informer, and the other half to the use of tie commonweahh,
for the benefit of the Literary fund. And in all convictions under ro or stato,j
attorney.

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