Eastern oysters, two years old, planted in Pacific Coast waters (Puget Sound) in April, 1905, and taken up in November, 1906. IC be taken between sunset and sunrise. SEC. 26. Every person who shall take oysters from any Oysters not to private and several oyster bed, except between the hours of sunrise and sunset, shall be fined twenty dollars for each offence, one-half thereof to the use of the state and one-half thereof to the use of the complainant; and every boat or vessel used or in any way employed in so doing shall, together with its tackle, apparel, furniture, and implements on board, be forfeited. SEC. 27. Every person who shall wrongfully take and carry away oysters from a private oyster bed shall for the first offence be fined fifty dollars and be imprisoned for thirty days, and for every subsequent offence shall be fined one hundred dollars and be imprisoned for six months. Penalty for unfrom a private lawful taking oyster bed. ble may arrest without a warrant on view of an offence. SEC. 28. Any police constable may in view of the com- Police consta mission of any offence against the provisions of this act upon any of the public waters of the state arrest the offender without warrant and detain him for prosecution not exceeding twenty-four hours. Penalty for injury to oyster means. SEC. 29. Every person who shall willfully break up, damage, or injure any bed of oysters, or any tract of land leased grounds by any from the state for an oyster bed, by depositing thereon earth, stones, or dredgings or scoopings from the river or docks, or in any other manner, shall be fined not exceeding five hundred dollars, one-half thereof to the use of the state and onehalf thereof to the use of the complainant; and shall forfeit his boat or vessel, with her tackle, apparel, and furniture, and all the implements by him used in injuring such oyster bed. SEC. 30. Every person convicted a second time of a violation of any of the provisions of this act shall, in addition to the penalties herein before mentioned, be deprived of the privilege of fishing for oysters in the waters of the state for the space of three years thereafter, under penalty of thirty days imprisonment for each offence. Penalty for vichapter upon tion. olation of this second convic |