or natural oyster beds of this state between the first day of April and the first day of October in any year, he shall be guilty of misdemeanor and be fined not more than fifty dollars or imprisoned not more than thirty days: Provided, that oysters may be taken with hand-tongs only during the month of April in any year, to be used for planting on private grounds, entered and held under the laws of this state: Provided further, that oysters may be taken with handtongs only for home consumption: Provided further, that coon oysters may be taken from October first to May first of each year in the waters of Onslow and Carteret counties: Provided also, that it shall be lawful to take or catch oysters on public oyster grounds north of the line running from Point Peter to Duck Island, except between a line running from the east end of Hog Island to the beach and from Ballast Point to the beach in Dare county, to be sold to residents or nonresidents, from April first to May fifteenth of each year, upon the payment by the purchaser of a tax of one and one-half cents per tub..

1903, c. 516, s. 22; 1905, c. 525, ss. 5, 8.

2384. At night or on Sunday. If any person shall catch or take any oysters from any of the public grounds or natural oyster beds of the state at night or on Sunday, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 16.

2385. Illegal dredging. If any person shall use any scoops, scrapes or dredges for catching oysters except at the times and in the places in this chapter expressly authorized, or shall between the fifth day of April and the fifteenth day of November of any year carry on any boat or vessel any scoops, scrapes, dredges or winders, such as are usually or can be used for taking oysters, he shall be guilty of a misdemeanor.

1903, c. 516, ss. 13, 14, 15.

2386. Catching oysters without license. If any person shall catch oysters from the public grounds of the state without having first obtained a license according to law, or shall employ any person as agent or assistant, or shall as the agent or assistant of any person catch oysters from the public grounds, without all of said persons having first obtained a license according to law, he shall be guilty of a misdemeanor, and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 6.

2387. Using boats not licensed. If any person shall use any boat or vessel in catching oysters, which boat has not been licensed accord

ing to law, and which is not in all respects complying with the law regulating the use of such vessels, he shall be guilty of a misdemeanor and shall be fined not more than fifty dollars nor less than ten dollars or imprisoned not more than thirty nor less than ten days for the first offense, but for the second or subsequent offense he shall be guilty of a misdemeanor and punished at the discretion of the court. 1903, c. 516, s. 8.

2388. Displaying false number on boat. If any person shall display any other number on their sail than the one specified in their license or display a number when the boat or vessel has not been licensed, he shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars.

1903, c. 516, s. 27.

2389. Failure to stop and show oyster license. If any person using a boat or vessel for the purpose of catching oysters shall refuse to stop and exhibit his license when commanded to do so by the oyster commissioner, assistant commissioner or any inspector, he shall be guilty of a misdemeanor and be fined not less than twenty-five dollars nor more than fifty dollars.

1903, c. 516, s. 26.

2390. False statement in application for oysterman's license. If any person shall make any false statement for the purpose of procuring any license, which may be required by law, to catch oysters, or to engage in the oyster industry, he shall be guilty of perjury and punished as provided by law.

1903, c. 516, s. 17.

2391. Dredging in prohibited waters. If any person, after the governor has by proclamation suspended the right to use scoops, scrapes or dredges on the public grounds or natural oyster beds of the state, shall during the time of such suspension, and in the waters as to which the right has been suspended, use such instruments or implements to catch oysters from any of the public grounds or natural oyster beds of the state, he shall be guilty of a misdemeanor and be fined not less than five hundred dollars or imprisoned not less than twelve months, and the boat or vessel used for this purpose shall be forfeited and shall be seized, advertised and sold by the oyster commissioner or by the inspectors in the county wherein said illegal act was committed and the proceeds paid into the oyster fund. In any prosecution for the violation of the provisions of this section against the master or owner of a boat or vessel, proof that said boat or vessel was equipped with scoop, scrape or dredge or other implement or

instrument for catching or taking oysters other than ordinary oyster tongs shall be prima facie evidence of the defendant's guilt.

1903, c. 516, s. 19.

2392. Selling oysters not culled. If any person shall sell or offer for sale, transport or offer to transport out of the state, or from one point in the state to another, or have in his possession any oysters, which have not been properly culled according to law, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 3.

2393. Oysters where purchased to be carried out of the state. If any person shall purchase and load on any vessel or boat any oysters to be carried out of the state in the shell, except at the following places, to-wit: The south end of Roanoke Island, Stumpy Point Bay, Parched Corn Bay, Wysocking Bay, West Bluff Bay, Great Island Narrows or Swan Quarter Bay (as the oyster commissioner may determine), Portsmouth, Ocracoke, Bay River, mouth of Rose Bay or Harbor Island; or if any person shall load more than one boat or vessel at any of said places at one and the same time, or if any person shall load any boat or vessel with oysters to be carried out of the state without such vessel having an inspector on board at the time the oysters are delivered, or shall carry any vessel loaded or partly loaded with oysters through the canals without a certificate showing that the oysters have been inspected and the taxes thereon paid, he shall be guilty of a misdemeanor and be fined not more than fifty dollars or imprisoned not more than thirty days.

1903, c. 516, s. 17.

2394. Unloading oysters on Sunday or at night. If any person shall unload any oysters from any boat, vessel or car at any factory or house for shipping, shucking or canning oysters on Sunday, or after sunset or before sunrise, he shall be guilty of a misdemeanor and be fined not more than fifty dollars or imprisoned not more than thirty days: Provided, whenever any boat or vessel shall have partially unloaded or discharged its cargo before sunset, the remainder of said load or cargo may be discharged in the presence of an inspector.

1903, c. 516, s. 16.

2395. Dealing in oysters without license. If any person shall engage in the business of buying, canning, packing, shipping or shucking oysters without having first obtained a license as required by law, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 9.

2396. Dealer failing to keep record. If any person engaged in buying, packing, canning, shucking or shipping oysters shall fail to keep a permanent record of all oysters bought by him or caught by him, or by persons for him, when and from whom bought, the number of bushels and the price paid therefor, or shall fail upon demand to exhibit such record as required by law, or shall fail to verify the same, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 5.

2397. Evidence of illegal dredging. If any boat or vessel shall be seen sailing on any of the waters of this state during the season when the dredging of oysters is prohibited by law in the same manner in which they sail to take or catch oysters with scoops, scrapes or dredges, the said boat or vessel shall be pursued by any officer authorized 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 scoops, scrapes, dredges or lines, or deck wet, indicating the taking or catching of oysters at said time, and properly equipped for catching or taking oysters with scoops, scrapes or dredges, such facts shall be prima facie evidence that said boat or vessel has been used in violation of the provisions of the law prohibiting the taking or catching of oysters with scoops, scrapes or dredges in prohibited territory, or at a season when the taking or catching of oysters with scoops, scrapes or dredges is prohibited by law, as the case may be.

1903, c. 516, s. 28.

2398. Arrests without warrant, when and how made. The oyster commissioner, assistant oyster commissioner and inspector shall have power with or without warrant to arrest any person violating any of the oyster laws.

1903, c. 516, s. 2.

2399. Using illegal measures for oysters. If any person shall in buying or selling oysters use any measure other than that prescribed by law for the measurement of oysters, or if any dealer in oysters shall have in his possession any measure for measuring oysters other than that prescribed by law, he shall be guilty of a misdemeanor and be fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

1903, c. 516, s. 12.

2400. Catching oysters for lime. If any person shall take or catch any live oysters to be burned for lime or for any agricultural or mechanical purpose, he shall be guilty of a misdemeanor and be

fined not exceeding fifty dollars or imprisoned not exceeding thirty days.

Code, s. 3389; 1885, c. 182.

2401. Larceny of oysters on private beds. Any person who shall feloniously take, catch or capture or carry away any shell-fish from the bed or ground of another shall be guilty of larceny and punished accordingly.

1887, c. 119, s. 15.

2402. Oysters caught at night; injury to private beds. If any person shall wilfully commit any trespass or injury with any instrument or implement upon any ground upon which shell-fish are being raised or cultivated, or shall remove, destroy or deface any mark or monument lawfully set up for the purpose of marking any grounds, or who shall work on any oyster ground at night, he shall be guilty of a misdemeanor. But nothing in the provisions of this section shall be construed as authorizing interference with the capture of migratory fishes or free navigation or the right to use on any private grounds any method or implement for the taking, growing or cultivation of shell-fish.

1887, c. 119, s. 11.

IV. OYSTER INDUSTRY REGULATED.

2403. Commissioner and assistant, how appointed, removed; term; salary; bond; oath of office. For the purpose of enforcing the oyster law, the governor shall appoint an "oyster commissioner" and an assistant "oyster commissioner," whose term of office shall be two years, or until their successors are appointed and qualified. They may be removed by the governor at any time for cause. The commissioner shall give bond in the sum of two thousand dollars; the assistant commissioner shall give bond in the sum of one thousand dollars. The bonds shall be payable to the state of North Carolina, shall be conditioned for the faithful discharge of their office, and the proper accounting for all moneys received, shall have at least two sufficient sureties, and shall be approved by and filed with the clerk of the superior court of the county in which the officer resides and be a part of the records of his office. They shall take and subscribe oaths to support the constitution and for the faithful performance of the duties of their office, which oaths shall be filed with the bond. The salary of the commissioner shall be nine hundred dollars per annum, and he shall be allowed three hundred dollars for expenses. The salary of the assistant commissioner shall be seven hundred and fifty dollars per annum. The salaries shall be payable monthly.

1903, c. 516.