Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1868-05-07
State LaU s.
WS-GENERAL.
PASSED BY THE
GENERAL ASSEMBLY OF MD.
1t the January Session. 1868.
PUBLISHED BY AUTHORITY.
CHAPTER 406.
AN ACT

! seven, Chapter one HuHuTcu anu ciSH-
ty-four, entitled an Act to repeal Ar
ticle seventy -one, Of the Code of Pub
lie General Laws Of the State of May
land, entitled Oysters. and to re-enaci
the same with amendments.
Section |. BE it enacted by the Gene
raj Assembly of Maryland That the Act
passed March twenty third, eighteen hun
dred and sixty-scven, chapter one hum
dred and eighty-four, entitled an Act to
repeal Article seventy-one, Of the Code OF
Public Genaral Laws of Maryland, entitled
Oysters, and to re-enact the same with
amendments, be and the same is hereby
repealed and the following enacted In lieu
thereof
Sec. 9 Be it enacted by the General
Assembly of Maryland, That no owner,
master, captain, hirer, borrower. or en-
ployce of any owner or other person, shall
use or employ any canoe, boat or vessel
of any kind or description whatever IN
taking or catching oysters for sale in the
waters of this State, without having first
obtained license to SO use or employ
such canoe, boat or other vessel as here
!
matter provided.
Sec. 3 And be it enacted That the
! COMPTROLLER of the Treasury shall, upon
the application of any resident OF the State
of Maryland, being the owner of any boat
or vessel licensed or enrolled in any Gus
tom House of the United States, IN SAID
%State. issue to such resident license TO
Fcatcb or take oysters with scoop, drag
scrape, drcdge or any other instrument,
within the waters of the Chesapeake Bay,
and to buy and sell oysters in the State,
proridcd, that said license shall not au-
thorize the taking or catching of oysters
with scoop, scrapc, drag or dredge, be-
tween the first dav Of June and Septcm-
bcr in each year, which is hereby express
" forbidden ond prorided also, that no
Steamboat or other vessel propelled by
steam machinery, shall be used for taking
or catching oysters in any of the waters
of this State.
Sec. 4 And be it enacted, That no Ii
ccnse shall be issued to any person VINO
has not been resident of the State for
twelve months next preceding such ap-
plication, and the owner or owners. ana
master of such vessel when making appl-
cation for such license, shall each make
oath before the Comptroller or his au-
thorizcd clerk, that they are bona .fd'
owner and master of the boat or vessel to
| be described in the license for which they
are applicants that they have been resi-
dents Of this State for the time hereinbe-
fore mentioned, and that there is no lien
on such vessel Held by a nonresident
and such applicant shall produce before
said Comptroller or his authorized clerk
the Custom House enrolment or license
of such boat or vessel, under such rules
and regulations as the said Comptroller
may have previously prescribed.
Sec. 5. And be it enacted, That eve
ry applicant before obtaining such license
shall pay the Comptroller or his author
lied clerk therefor, at the rate OF three
dollars per ton for every ton the boat or
vessel for which he desires license. may
measure according to its Custom House
enrolment or license and it shall be the
duty of every person thus obtaining IL
censc to exhibit the same whenever cal
led upon BY any officer of the State OF
Maryland or other person authorized to
demand the same and every boat or YES
sci engaged in the oyster trade in any OF
the waters of this State, shall be llccused
as required by law and be subject to all
the provisions of the several sections OF
this Article.
Sec g. And be it enacted, That any
person who shall violate any of the pro-
! visions Of the preceding sections. shall be
deemed guilty of misdemeanor, and upon
indictment and conviction in any Circuit
Court of this State, before whom such
case is tried, shall be fined not less than
fifty nor more than Ave hundred dollars,
or forfeit the boat or vessel in possession
of the party SO offending, together with
the papers, furniture and tackle on board
Of said boat or vessel at the time OF her
seizure. in the discretion of such Justice
of the Peace or Court, but said provisions
shall not apply to masters or owners OF
boats or vessels from other States, who
may buy oysters from any party or par
ties authorized by license to catch OF take
oysters in any of the waters OF this State
Sec. I. And be it enacted, That any
resident of this State owning or having III
his possession any canoe, or other small
boat, and desiring to take or catch oys-
ters with rakes or tongs IN any OF the wa
ters of this State, shall first obtain by ap-
plicatiou to the Clerk of the Circuit Court
for the county wherein he may desire 50
TO take or catch oysters. a license there
for, and such license shall have effect from
first day of June, in the year IN which
i, NAV be obtained, to the first day of june
next succeeding prortded, that such IL
eensc shall no, authorize the taking OF
catching of oysters in any creek, river
cove, inlet. bay or sound, within the lin
its of any county other than where tn,
license may he granted
Sec. ). And be it enacted, That eaet