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Penalty for injuring licensed oyster beds.
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253.—If any person (other than the licensee or his assigns, his agents, servants and workmen) knowingly does, within the limits of a licensed oyster bed, any of the following things:—
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(a) uses any implement of fishing, except a line and hook or net adapted solely for catching free swimming fish and so used as not to disturb or injure in any manner any oyster bed or oysters or the oyster fishery,
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(b) dredges for any ballast or other substance except under lawful authority for improving the navigation,
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(c) deposits any ballast, rubbish or other substance,
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(d) places any implement, apparatus or thing prejudicial or likely to be prejudicial to any oyster bed or oysters or brood or spawn thereof, or to the oyster fishery, except for a lawful purpose of navigation or anchorage,
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(e) disturbs or injures in any manner, except as mentioned in paragraph (d) of this section, any oyster bed or oysters or brood or spawn thereof or the oyster fishery,
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(f) interferes with or takes away any of the oysters from such bed without the consent of the licensee or owner or occupier of such bed,
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the following provisions shall have effect:—
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(1) such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof—
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(i) in the case of a first offence, to a fine not exceeding two pounds,
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(ii) in the case of a second offence, to a fine not exceeding five pounds,
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(iii) in the case of a third or any subsequent offence, to a fine not exceeding ten pounds;
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(2) such person, whether he has or has not been prosecuted for or convicted of such offence, shall be liable to make full compensation to the licensee for all damage sustained by the licensee by reason of such person's unlawful act, and such compensation shall be recoverable in any court of competent jurisdiction.
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