The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-06-09
LAWS--CEN ERAL
PASSED ny THE
General Assembly of Maryland
II he January Session, 1870.
rUBLIsaEp by AUTHORITY.
CHATTER 36l. ,,


sixty. seven, chapter one hundred and
eighty. four, entitled an Act to repeal Ar
ucle seventy.one, of the Code Of Public
General Laws of the State of Maryland,
entitled "Oystcrs and to re enact the
same with amendments.
Sec, |. BE it enacted by the General As.
scmbly of Maryland, That the Act passed
at January session, eighteen hundred and
sixty eight, chapter four hundred and six,
entitled an Act to repeal the Act passed the
twenty third Of March, eighteen hundred
and sXty.scvcn, chapter one hundred and
eighty four, entitled an Act to repeal Arti
Gle seventy. one, of the Code of Public Gen.
eral Laws of the State Of Maryland, enti,
tied "Oysters," and to rc.enact the same
with amendments, be aud the same is here,
by repealed. aud the following enacted in
lieu thereof:
Sec. .. And be It enacted, That no ca
noe, boat or vessel of any kind or descrip.
ton whatever shall be used or employed ia
taking or catching oysters for sale, in the
waters of this State, with scoop, scrape,
drag, drcdge or any similar instrument,
without having first been licensed as here.
inafler provided lor
Sec. g. 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 anJ boat
or vessel licensed or enrolled in any Custom
House in the United States in said State,
issue to such resident a license to use or
employ the said boat or vessel in catching
or taking Oysters with scoop, scrape, drag,
dredge or any similar instrument, within
the waters of the Chesapeake Bay, accor.
ding to the limits prescribed in this Article,
and to buy and sell Oysters in this State;
Provided, that said license shall not author
ize the catching or taking of Oysters with
scoop, scrape, drag, dredge, or other simi
lar instrument, between the fifteenth day Of
May and the fifteenth day of September in
each year. which is hereby expressly for.
bidden; And provided, also, that no steam.
boat or other vessel propelled by steam ma
chinery, shall be used for catching OF taking
Oysters in any Of the waters of this State
See. 4. And be it enacted, That no Ii
cense shall be issued to any perscn who has
not been resident of this State for the
twelve months next preceding such appca
ton; and the owner or owners and master
of such boat or vessel when making appli
cation for such license, shall each make oath
or affirmation before the Comptroller, or hi,
authorized clerk that they are bona fie
owner or owners aud master of the said boat
or vessel to be described in the license for
which they are applicants; that they have
been residents Of this State for the time
hereinbetore mentioned; that there is no
lien on such boat or vessel held by a non.
resident; that the said boat or vessel is not
held with an intention or under an agree.
ment to return her at any subsequent time
to any nonresident, aud that they will com.
ply with and obey all the laws regulating
the catching or taking Of Oysters in the
waters Of this Slate and such applicant shall
produce before the Comptroller, or his au.
thorzed clerk, at the time of such applica
ton, the Custom House enrolment or H.
ceuse Of such boat or vessel
Sec. 8. And be it enacted. That every
applicant, before obtaining such license.
shall pay the Comptroller, or his authorized
clerk, therefor at the rate of three dollars
per ton for every ton the boat or vessel for
which he desires license may measure, ac-
cording to its Custom House enrolment or
license; and it shall be the duty of every
person thus obtaining license to exhibit the
same whenever called upon to do SO by any
officer of the State of Maryland, or other
person authorized to demand the same.
Sec. 6. And be it enacted, That any per.
son who shall violate any of the provisions
of the preceding sections shall be deemed
guilty of a misdemeanor, and upon cOnvic-
tion thereof by any Judge OF the Circuit
Court or Justice of the Peace, before whom
such case may be tried, shall be fined not
less than fifty, nor more than FIVE hundred
dollars, or forfeit the boat or vessel in pos
session 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 Judge
or Justice of the Peace; but nothing in this
Article shall be construed to prohibit mas
ters or owners OF boats or vessels from other
States from buying or purchasing Oysters
within this State from any person or persons
authorized by law to sell the same.
Sec. Z. And be it enacted, That any res.
ident of this State owning or having in his
possession any canoe or other boat under
Custom House tonnage, and desiring to use
the said canoe or boat in taking or catching
Oysters for sale, with rakes or tongs, in any
of the waters of this State, shall first obtain,
by application to the Clerk of the Circuit
Court for the county wherein he may de
sire or intend to use the said canoe or boat
in taking or catching Oysters for sale, with
rakes or tongs, license therefor, and such
license shall have effect from the first day
Of June, in the year in which il may have
been obtained to the first day of June next
succeeding; Provided, that such license
shall not authorize the use of sai,I
canoe or boat in taking or catching Oys
ters in any creek, river, cove, inlet. bay
or sound within the limits of any county.
other than that wherein the license shall
have been granted, and that the boundaries
OF the counties bordering upon navigabe
waters shall be strictly construed, SO as not
to permit the residents of either county To
take or catch Oysters beyond the middle OF
the dividing channel; nor authorize the tax
ing or catching of Oysters in the Patuxent
river, between the twentieth day of April
and the tenth day of October in each year
except the taking and catching be from
lands previously located and appropriated.
or for the purpose preserving, depositing,
and bedding the same, under the provisions
of this Act.
Sec. s. And be it enacted, That each and
every license to take or catch Oysters foI
sale, with rakes or tongs, shall state the
name and residence or the person to whom
the same is to be granted, the number, to-
lgether with the length, Ito be obtained by
top or over all measurement,) of the canoe
or other boat to be licensed, the county in
which the same is to be used and the period
at which said license will expire, and every
applicant for such license shall pay to the
Clerk OF the Court, where such license may
be granted and before the issuing and deliv,
cry oi the same, according to the following
rates, VIZ for any canoe or boat measuring
40 length twenty feet or less, the sum of foul
dollars; measuring from twenty to twenty.
hve feet, the sum of six dollars; measurinp
from twenty-five feet to thirty feet, the sum
OF eight dollars; and all over thirty feet IN
length, including sloops under Custom
House tonnage, the sum Of ten dollars each,
Sec. o. And be it enacted, That eyery