SEC. 39. It is unlawful to catch, buy or sell, or expose for sale, or possess for any purpose, any lobsters less than 10-1/2 inches 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 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.