Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1870-06-17

cense shall be granted shall also be required to
put the number of his license on each bow of
his seine or gilling boat, outside between the
water line and gunwale, to be painted with red
oil paint on white space, and each figure to
be not less than three inches in height, and Of
proportionate width, and any one violating Or
refusing to comply with this provision, shall
on conviction thereof before a Justice Of the
Peace of the county, in or opposite to which
he may be fishing, pay fine of not less than
five nor more than ten dollars, one-half to be
paid the informer, and the residue to the Comp
troller of the Treasury.
Sub-4Sec. 6. Upon information given upon
oath to any Justice of the Peace having juris-
diction, of any violation of any of the provis-
ions of this Article, he shall issue his warrant
for the arrest of the offender, or offenders, and
for the seizure of the seines, nets, boats and
other fishing outfit in cases when forfeiture of
the same is provided, which shall be directed
to the Sheriff, or any Constable of the county,
or other officer authorized to arrest under this
Article, to be dealt with according to law; and
it shall be the duty of any Sheriff, Constable,
or other officer so authorized under said Arti-
Gle, with or without warrant to arrest any
person, or persons violating the provisions OF
this Article, and to seize any such seine, net,
boat, or other fishing outfit, in where for
fixture of the same is provided, and found being
used in violating any of said provisions, and to
bring such offender or offenders before JUS
tice of the Peace most accessible or convenient,
to be dealt with as herein provided.
Suisse. I. All vessels or other property con-
demned under the provisions Of this Article,
shall be sold by the Sheriff, or other officer,
making the seizure, on ten days notice. and
the proceeds of sale, after deducting the expen-
ses thereof, shall be paid over to the Clerk of
the Circuit Court of the county, to be disposed
of as herein provided.
Sub-Sec. 3. All money arising from the sale
of licenses, or from fines, penalties and forfei-
lures imposed under this Article, shall by the
Comptroller be paid into the Treasury, and
placed to the credit of the Oyster Fund, and
the State portions of such fines and forfeiture;
shall be paid by the Sheriff or other officer col
Letting the same, to the Clerk of the Circui
Court of the county where the same may &C
crue and such clerk shall account for the sam'
to the Comptroller of the Treasury in his an
nual return and the commanding officer of thu
estate Oyster Police Force is hereby charged
with the enforcement of the provisions OF thi
Article; and it shall be his duty to enforce the
same, as provided in sections twenty-one, TWEEN
ty-two and twenty-three of the Act of Assem-
bly, of eighteen hundred and sixty-eight, chap
ter four hundred and six, in regard to Oysters
and the Commissioners of the State Oyster Pc
lice Force are hereby constituted also Commits
sioners of Fisheries in the Potomac River.
Sub-.Sec. g. 1t shall be unlawful hereafter fo
any person or persons to fish in the Potomac
River from what are known as arks or lighters
or from any kind of vessel or float, by what
ever name called, in or upon which such per
son may live or may exclusively occupy, bu
all such fishing shall be with and from regular
seine or gilling boats. Any violation of thi
section shall subject the offender or offenders
upon conviction thereof, to fine of not les
than twenty nor more than one hundred dol
lars for the first offense, and for any second o.
subsequent offense to such fine, and also, il
the discretion of the Justice of the Peace, or O
the Court, before whom the offender may b
convicted, to forfeiture of such ark, lighter
vessel, float and fishing outfit, used in such VIC
lation thereof
Sub-,Sec. 10. In case the State of Virginia
shall adopt law similar in its provisions tt
this Act, citizens of either State, when arrested
for the violation of the provisions of this Arti
Gle by the police force, or other officer of either
State, shall be delivered up for,trial to the po-
lice force, or other officer of the State of which
the offender is citizen, unless arrested fol
hindrance or disturbance of the fisheries on the
shores of the other State, in violation of any
of the provisions of this Article, in which case
he shall be tried in such other State; and in al
questions of citizenship the burden of proo
shall be on the offender.
Approved April 4, 1870.
ODEN BOWIE, Governor.
june 10, l87O-3t