The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1865-06-17

on CONVICTION before q Justice or the Peace, IiaJ
fine of not less than five, nor moro than twent3
OF the Treasury. yali hhN siaAs oI'3 gshHp u
9-That the applicant for snch license shhl
first make oath, before the clerk authorized ID
grant said license, that he will obey and comply
with all the provisions of the laws Of this State
regulating the taking and catching Of oysters,
and thatle will, to the best of his ability, aid in
the enforcement of said laws. 9 ,"Y 4. ''44 +"
l0-Tmt if any person or persons shall take
oysters within any OF, the waters of this State,
with, rakcs or tongs, who has not taken out the
license required by the preceding sections, he
shall pay o fine of not less antwcnty, nor more
than one hundred dollars in the discretion of the
Justice of the Peace before whom the same NAV
be tried, one-half of said fine shall he paid to the
informer, and the residue to be paid to the Comp
troer of the Treasury. co. ~ s igil'a(''
lf-That the applicant for a license to take or
catch oysters within any Of the waters of this
State, with rakes or tongS, shall pay the sum OF
hve dollars for every canoe or other boat to be
used in taking or catching oysters with rakes or
tongs. 'HN -''' 92'i"Nl ~ "l~ .'.-9fi
. l2-That the master and every and all the
white hands employed on board Of everv vessel
licensed under this article are constituted officers
of this State, for the purpose of arresting and
conveying before some Circuit Court or Justice
Of the Peace, who shall have Jurisdiction there
in, any person engaged in violating any Of tho
provisions of this act and Of Selling any vessel
engaged therein as fully and to oil intents and
purposes as if the arrest had been made by the
Sheriff or Constable of any county or the city Of
Baltimore. 3" l4 70 ~ ?, az & "''4
| 1s-That any sheriff Or Other officer hereinbo.-
fore specified may summon the posse comitatus
to aid him in making any arrest or seizure au-
thorizcd by this article. 80 g..
l4-That if the person or persons on board any
hank at1s,, II. A.
arrest, the officer endeavoring to make such ar:
rest shall seize snch boat or vessel and the same
proceeding shall thereupon be had as directed in
cases OF seizure under the other sections of this
/ article.
| l5-That upon information given upon oath
to any Justice of the Peace having jurisdiction
of any violation of any of the provisions of this
article, the said Justice Of tho Peace shall issue
his warrant for the arrest of the offender or Of
tenders and the seizure of the vessel, canoe or
other boat, together with the cargo and other
| property thereon which said warrant shall be
directed to the Sheriff or Constable Of the coun-
| ty or to the master or any white man employed
on board of any vessel, canoe or other, boat IL
censed under this article. - ...-...l ~
| l6-That if any scoop, drag. dredge, or 9TH
er instrument wherewith oysters are caught or,
taken other than .tongs or rakes, shall be found
/ upon or attached to any vessel not having q IL
cense under tie provisions of this article, the
same shall BIO prima facie evidence that such yes
| sci has been employed in. catching and taking
oysters in violation of this article. -. -
| l7-That all vessels and other property con-
demned under the provisions of this article shall
| be sold by the Sheriff, of the county where such
| vessel and other property may be condemned, on
ten days public notice at public sale, to the high
est bidder fol. cash; and, the proceeds of such
| sale, after deducting all the necessary expenses
M IN hn hall ho idoH foil
One fourth part thereof to the officer making the
| seizure; one-half to those aiding the officer in
making the arrest, and the residue to be paid to
the State; and all fines imposed under this ar
| tcle shall be divided As herein provided for the
division Of the proceeds Of the property condemn
ed and sold under the provisions Of this article.
lsTThat any person resisting an officer in
making any arrest or seizure or resisting any one
authorized by this article to make such arrest
shall be guilty of msdemeanor, and upon conyic-
ton thereof, shall pay fine of not less than one
hundred dollars, nor more than one thousand
dollars, or be imprisoned in the county Jail not
less than one month nor more than ono year.
l9-That no person shall catch or take oysters
within any creek, river, strait, bay or sound,
within the limits of any county of this State,
with tongs, rakes or any instrument whatever,
unless the person so catching or taking the same
shall be at the time thereof bona fde resident
bay, or sound lies, and in case creek or river
shall be division line between two or more coun-
ties, then no person shall catch or take oysters
| therefrom, as aforesaid, unless the person so
catching or taking the same shall be at the time
thereof bona fide resident of one of the cOun-
ties so divided; nor shall any person take or
catch oysters as aforesaid, in any Of the waters
of this State not forming divisional line as
aforesaid, in water not less than fifteen feet deep,
MI ho oh; fhn
shall be at the time thereof a resident Of the
county bordering on such water. y}re.iI 10 goJ
2O-That any person violating any OF the pro-
visions of the preceding section, shall be pro-
ceeded against in the same manner by the seiz-e
ure of property and arrest Of persons, as herein
provided in case of violation of other sections
of this article, and shall be liable TO the same
forfeiture and penalties. Ii99Y
2l-That any person against whom Justice
of the Peace may render q judgment under this
article, either to pay q penalty or Of condemna7
ton of property, may appeal from such judg-
| ment in the same manner as if the judgment
were for common debit but no executionor sale
shall be stayed unless the party appealing shall
| give bond to the State Of Maryland in double
the value of the property condemned, or of the
| fine imposed, as the case may be, with security
| to be approved by the Justice of the Peace rem
dering the judgment, or by the clerk of the court
tons to prosecute such appeal with effect and to
pay the value of the property condemned, and
| the amount of the fine imposed and interest and
all costs attending such proceedings in case such
/ Judgment shall be confirmed. no IN b sr;t.aJ3
| .22-That when any offence is committed un-
der any of the provisions Of this article Except
under tho 10th section) any Justice of the Peace,
or the Circuit Court, as the case may be, of the
county to which the person offending, or the
vessel engaged in violating such provisions, may
be taken after being arrested or seized shall have
jurisdiction of such offence, when offence under
the nineteenth section of this article shall be cons
mittcd, if the same be committed within, the linn
/ its of any county, any Justice of the Peace, or
the Circuit Court of such county, shall have Ju-i
risdiction of such offence if the same be COM
mitted within the waters of this State, but not
within the limits of any county, then any justices
| OF the peace or Circuit Court, Gas the case may
Fbe,) of any county lying opposite and most con-
| venient of access from the place where the. nof-
fence is committed, shall have jurisdiction there
of, and all proceedings, whether before justice
Iof the peace or before the Circuit Court, shall.
| be in the name of the State; and if the party
accused be acquitted, the Comptroller of the
State shall pay the costs out of the fund created
by this article. b oodi u fas ysai eI9rosgi
1 23-That any citizen Of this, State owning.
| lands lying on any the navigable waters OF
TINS otatc, thc lines vi Sucu laHuS iHctuutS my
land covered by such waters, may deposit, plant,
bed, or sow oysters or other she-6sh in the wa
tiers SO included yithin the lines Of his land; and
any citizen of any county owning land lying or
i bounding upon the waters of this State, may lO-
cate and appropriate in any. OF the waters there
lof contiguous thereto, five acres for the .arpose
4 Of preserving, dcpositng, bedding or sowing oys-
tiers or other shel-fsh; provided, that the said
location or appropriation shall be described by
stakes, bushes, or other visible and proper marks
or metes and bounds, which description shall be
reduced to- writing under oath, and recorded Mt
the expense of the party, in the Office of the clerk
4 of the Circuit Court Of the proper county, and