Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1868-05-21
LAWS---GENERALI,'
49, PASSED BY THE
GIIIRhL Assembly 0F maryland
AT THE JANUARY SESSION, 1868.
s PUBLISHED by AUrHon1rY.]
TCHArTER 406.1

AN ACT -
To repeal the Act passed the ,twenty-third G
March, eighteen hundred and sxty-seven
chapter one hundred and eighty-four, entitl
ed An Act to repeal Article seventy-one, Q
the Code of Public General Laws of the Stat
of Maryland, entitled Oysters, and to re-enac
the same with amendments.
SECTION l. Bet enacted blythe General Assen,
5ly.ef Maryland, That the Act passed Marcl
twenty-third, eighteen hundred and sixty-seven
chapter one hundred and eighty-four, entitled
an Act to repeal Article seventy-one, of tn
Code of Public General Laws of Maryland, en-
titled Oysters, and to re-enact the same will
amendments, be and the same is hereby repeal
ed and the following enacted in lieu thereof:
Sec. 2. Be 1t enacted by the General Assembly
Of Maryland, That no owner, master, captain
hirer, borrower, or employee of any owner OF
other person, shall use or employ any canoe
boat or vessel of any kind or description what
ever in taking or catching oysters for sale in
the waters of this State, without having first
obtained license to so use or employ such ca
noe, boat or other vessel as hereinafter pro-
vided.
= = That GesAp4raL
Ter of the Treasury shall, upon the application
of any resident of the State of Maryland, being
the owner of any boat OF vessel licensed or en-
States, in said State, issue to such resident Ii
cense to catch or take oysters with scoop, drag,
scrape, dredge or any other instrument, within
the waters of the Chesapeake Bay, and to buy
and sell oysters in the State provided, that said
license shall not authorize the taking or catch
ing of oysters with scoop, scrape, drag OF
dredge, between the FIRST day of June and Sep
tember in each year, which is hereby expressly
forbidden; and provided also, that no steam
boat or other vessel propelled by steam machi-
merry, shall be used for taking or catching oys-
ters in any of the waters of this State.
Sec. 4. And be it enacted, That no license
shall be issued to any person who has not been
a resident of the State for twelve months nex1
preceding such application, and the owner, OF
owners, and master of such vessel when max
ing application for such license, shall each make
oath before the Comptroller or his authorized
clerk, that they are bona fde owner and master
of the boat or vessel to be described in the Ii.
cense for which they are applicants; that they
have been residents of this State for the time
hereinbefore mentioned, and that there is nc
lien on such vessel held by a nonresident and
such applicant shall produce before said Comp.
troller or his authorized clerk, the Custom
House enrolment or license of such boat OF
vessel, under such rules and regulations as the
said Comptroller may have previously pre-
scribed.
Sec. 5. And be 1t enacted, That every appli
cant before obtaining such license shall pay thu
Comptroller or his authorized clerk therefor a.
the rate of three dollars per ton for every tor
the boat or vessel for which he desires license
may measure according to it's Custom Hous
enrolment or license; and it shall he the dut,
of every person thus obtaining license to exhi
bit the same whenever called upon by any Off
Ger of the State of Maryland or other person
authorized to demand the same; and every boa
or vessel engaged in the oyster trade in any o
the waters of this State, shall be licensed as re
quired by law and be subject to all the provi
sions of the several sections of this Article.
Sec. 6. And be It enacted, That any persol
who shall violate any of the provisions of tn
preceding sections, shall be deemed guilty of
misdemeanor, and upon Indictment and convic
ton in any Circuit Court of this State, befor
whom such case is tried, shall be fined not les
than fifty nor more than five hundred dollars
kparty offending, together with the papers, fur
hiture and tackle on board of said boat or YES
at the NM, of her seizure, in the discretion
~ Justice of the rpscece or Court, but sait
ions shall not apply to u,as. .ters or owner
or vessels from other States, WIG may
)ters FROM any party or parties author.
license to catch or take oysters in any
C1ene waters of this State.
SEC. I. AEd be Il enacted, That any resident
of this State owning or having in his posses
sion any canoe, or other small boat, and desir
ing to take or catch oysters with rakes or tong;
in any of the waters of this State, shall frs
obtain by application to the Clerk Of the Circui
Court for the county wherein he may desire ST
to take or catch oysters, a license therefor, an,
such license shall have effect from first day o
june, ip the year in which it may be obtained
to the first day of June next succeeding; pro
pided that such license shall not authorize tn
taking or Gatching of oysters in any creek, riv
er, cove, inlet, bay or sound, within the limit
of any county other than where the license ma
be granted.
SIC. 8. 4nd be 1t epacted, That each and ever
license to take or catch oysters with rakes Q
tongs, shall state the name and residence Of tn
person to whom the same is to be granted, th
name or number, together with the length {
the canoe, (said length to be obtained by to
or overall measurement,) or other boat to
licensed, and the county in which the same
to be used, and the period at which said licens
will expire, and every applicant for such lieen:
shall pay to the Clerk Of the Court, where sue