The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-06-09

III ~ on Such caih or aulrmltuu, the Clerk
shall issue said license, that tho facts set
forth in snid license are strictly true that
he has been bona fife resident Of this
Stale for the twelve months next preceding
his application for said license that he
desires and intends to use said canoe nr boat
only in the county in which his application
is made, and that he will comply with aud
obey all provisions Of tho laws of this State
regulating the taking or catching Of oysters;
and every person to whom such license
shall have beer granted shall paint the mum.
Der of his canoe or other boat on the out
side thereof near the gunwale, in black fig
ures. not less than three inches in length
and Of proportiunate width, in white
ground, and no number other than that in
the said license shall bo exposed to view on
said canoe or boat, and any person neglec
ting or refusing 10 comply with this provi
sion, before using or nploying the aid
| canoe or other boat, for the purpose atore.
said, shall on conviction thereof before
Justice of the Peace, be fined not less than
| five dollars nor more than ten dollars, one
half 10 be paid to the informcr and the resi-
due INTO the Treasury of the State.
See. 10. And be it enacted, That the
Comptroller Of tho Treasury shall cause to
be printed and delivered to the Clerks of
the Circuit Courts for the several counties,
aud the Clerk Of the Court of Common
Pleas of Baltimore city, the requisite mum
Der ut such blank licences, anu lake receipts
Tor the same, rs for other licenses furnish
ed and the said Clerks shall, on the first
Monday in May, June, September aud De
ccmber IN each year, return to the Comp
troller a list and account of such licensai is.
sued 10y them provided, that no license TO
take or catch oysters with rakcs or tongs,
shall be issued to any boat or vessel which
is licensed to take or catch oysters with
scoop, drag, dredge, or any similar instru
ment.
See. II. And be it enacted, That if any
person shall use or employ any canoe or
other boat not licensed as required by the
preceding sections of this Article, ia taking
or catching oysters with rakes or tongs. ex.
cept for private use, he shall, upon conyic.
tiOn thereof before any Justice Of the Peace
Tor the county wherein the offence has been
committed, be fined not less than twenty
nor more than one hundred dollars, or for
felt the canoe or boat so used or employed
in the discretion Of the Justice before whom
the same my be tried, one halfof said fine
to be paid to the iutormer, and the reisdae
into the Treasury Oithe State.
See. u. Aud be it enacted, That all own
ers and maSte $ of canoes, boats or vessels
| licensed under this Article, being white men
are hereby constituted officers OF this State
| for the purpose Of arrestug aud taking be.
! fore any Judge of any Circuit Court or jus,
! tice OF the Peace, who shall have jurisdic.
| ton thereof any person or persons who
may be engaged in violating any ofthe pro.
| visions of this Article, and OF seizing any
canoe, boat or vessel engaged therein and
| all such owners or masters are hereby vest.
ed with power to summons the posse conf
! tataS to aid in making such arrest and sci
cure as fully as are Constables and Shcrifs
| OF the several counties and the City OF BAL
| timore
Sec. 10. And be it enacted, That upon
information given upon oath to any Justice
| of the Peace having Jurisdiction, of any VIC
lation Of any of the provisions of this Arti.
| Gle, the said Justice of the Peace shall issue
| his warrant for the arrest of the offender or
offenders, and the seizure of the canoe, boat
or vessel, together with the tackel and furn.
Iture on board, which warrant shall be di
rected to the Sheriff or any Constable ofthe
| county wherein the said warrant is issued,
or TO the owner or master of any canoe,
boat or vessel licensed under this Article
| See. Ii. And be it enacted, That if any
| person or persons on board any canoe, boat
or vessel, engaged in violating any Of the
| provisions of this Article shall abandon
the SAID canoe, boat or vessel AID flee so as
to escape arrest, the officer endeayoring to
make such arrest, shalt seize such canoe,
| boat or vessel, and give information of such
seizure to some Justice of the Peace, or
Judge ola Circuit Court most convenient or
accessible from the place where such offence
shall have been committed, and it shall be
the duty Of the said Justice of the Peace or
Judge to docket case in the name OF the
State against the said canoe, boat or YES.
sci, and to proceed without delay with the
trial Of the same, and if there is sufficient
| proof that said canoe, boat or other vessel
has been used or employed in violating any
of the provisions of this Article, the said
Justice of the Peace or Judge shall either
render judgement ofcondemnation against
the said canoe, boat or vessel, her tackle
and furniture on board u. the time of seiz.
ure, or fine the said canoe, boat or vessel. il
under Custom House tonnage. not less
than hive nor more than twenty dollars and
u over Custom House tonnage, not less than
hlty dollars nor more than five hundred dol.
lars one half Of said fine to be paid to the
intormer and the residue into the Treasury
of the State.
Sec. 10. And be il enacted, That any
person resisting any officer or other person
authorized TO make arrest and seizure under
this article, shall be guilty of misdemea
nor, and upon indictment and conviction
thereof, IN any Circuit Court having iurs
diction, shall be fined not less than fiity dol.
lars, or more than five hundred dollars, or
be imprisoned the Jail ofthe county wherein
the case is tried not less than one month nor
more than one year.
Sec. 16. And be it enacted, That it shall
be unlawful for any owner, master. am.
employee or other person, to use or employ
any boat or vessellicensed under this Article,
to take or catch oysters with scoops, scrapes,
drag or dredge, or any similar instrument,
IN taking or catching oysters in any river,
creek, cove, inlet, bay or sound within the
limits OF any county or lying between two
or more counties of this State, or ON any
oyster bed, bar orrock within one and ali nif
miles OF Ialley's Point, Sandy Point, Hack.
ett's Point, Thomas Point, the Three Sis.
ters, Hollands Point Bar, or on or about
Plum Point and Parker's creek, on the
western side OF the Chesapeake Bay, and
swan Point on the eastern side of said bay
and Eastern bay, inside of a line drawn from
the southwest extremity Of Kent Point to
northeast extremity of Popular Island ;
and any owner. master, employee or other
person SO offending, shall, upon conviction
thereof before any Justice Of the Peace, or
any Judge of any Circuit Court for any
county, be subject to the same fines and
penalties, and the boat or vessel so used or
employed be liable to seizure and forfeiture,
as provided in section six Of this Article; but
neither this section, nor any in this Article
shall be construed Us repeal of section
ninety four to one hundred aud one, inclu,
| slye, OF Article nineteen. of the Inde Of