in length, alive or dead, cooked or uncooked, measured in manner
as follows: Taking the length of the back of the lobster, measured
from the bone of the nose to the end of the bone of the middle of
the flipper of the tail, the length to be taken in a gauge with a
cleat upon each end of the same, measuring 10-1/2 inches between
said cleats, with the lobster laid upon its back and extended 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