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45 <br /> to possess or sell not more than five percent of scallops under- <br /> size in the total catch. All scallops are to be taken ashore in <br /> the shell when culled. <br /> Section 46. Whoever violates the provisions of Section 42 <br /> shall be fined not more than twenty five dollars and possession <br /> of scallops other than adult. Scallops shall be prima facie <br /> evidence that such scallops were taken unlawfully. <br /> Section 48. Selectmen, when instructed by their re- <br /> spective town, may control, regulate or prohibit the taking <br /> of shellfish and regulations made by the selectmen in relation <br /> thereto shall continue in force until altered, amended or <br /> repealed. <br /> Section 55. Town, by a two-third vote, may appropriate <br /> money for the cultivation, propagation and protection of <br /> shellfish and selectmen, when authorized by a two-thirds vote <br /> of the town, may declare a closed season on any area in tide <br /> waters for not more than three years. <br /> Section 66. Whoever injures, destroys, removes or ties <br /> up to any mark or bound defining a shellfish grant, without <br /> the permission of the licensee or owner of the grant, may be <br /> fined not less than three dollars and may be liable to an <br /> action in tort by the licensee or owner in double damages. <br /> Section 67. Whoever works any implement for taking <br /> shellfish upon any shellfish grant, or disturbs any shellfish <br /> on such grant or discharges any injurious substance upon the <br /> same, without the consent of the licensee or -owner, or who- <br /> ever, without such consent, while over or upon such grant, <br /> has overboard, any implement for taking shellfish, shall be <br /> Punished for the first offense by a fine not exceeding twenty <br /> dollars or by imprisonment of not more than a month, and <br /> for a subsequent offense by a fine of not more than fifty dol- <br /> lars or by imprisonment for not more than six months. <br /> Section 68. No person shall dig, take or carry away shell- <br /> fish from any grant between one hour after sunset and one <br /> hour before sunrise, by any method whatever. A licensee or <br /> owner of such grant, in addition to all other penalties to <br />