d upon
its back upon the gauge, without stretching or pulling, to the end
of the bone of the middle flipper of the tail, its natural length,
and any lobster shorter than the prescribed length when caught,
shall be liberated alive at the risk and cost of the parties
taking them, under a penalty of $1 for each lobster so caught,
bought, sold, exposed for sale, or in the possession not so
liberated. The possession of mutilated, uncooked lobsters shall be
prima facie evidence that they are not of the required length.

SEC. 40. It is unlawful to destroy, buy, sell, expose for sale, or
possess any female lobsters in spawn or with eggs attached at any
season of the year, under a penalty of $10 for each lobster so
destroyed, caught, bought, sold, exposed for sale, or possessed:
_Provided, however_, If it appears that it was intended to
liberate them in accordance with the provisions of this act, the
persons having such lobsters in possession shall not be liable
to any of the penalties herein provided for, though he may have
failed, for any cause not within his control, to so liberate them.

SEC. 41. It shall be unlawful to can, preserve, or pickle lobsters
less than 10-1/2 inches in length, alive or dead, measured as
aforesaid; and for every lobster canned, preserved, or pickled
contrary to the provisions of this section every person, firm,
association, or corporation so canning, preserving, or pickling
shall be liable to a penalty of $1 for every lobster so canned,
preserved, or pickled contrary to the provisions of this section,
and a further penalty of $300 for every day on which such unlawful
canning, preserving, or pickling is carried on.

SEC. 42. All barrels, boxes, or other packages in transit
containing lobsters shall be marked with the word lobsters in
capital letters, at least 1 inch in length, together with the full
name of the shipper. Said marking shall be placed in a plain and
legible manner on the outside of such barrel, boxes, or other
packages; and in case of seizure by any duly authorized officer
of any barrels, boxes, or other packages in transit, containing
lobsters, which are not so marked, or in case of seizure by such
officer of barrels, boxes, or other packages in transit containing
lobsters less than the prescribed length, such lobsters as are
alive and less than the prescribed length shall