The Democratic advocate., 1874-05-30
L0scs--GemeraL,
ICnArrEn lal.l.
OYSTERS
AN ACT

&e4tiN 1cA@t~A Laws Atit OfeSeAef -
amended and re-enacted BY chapter three
hundred and sixty-four, cs he acts passed
a. January session, eighteen hundred and
seventy, and also chapter one hundred and
sixty-seyen, Of the acts passed 1t the Janu-
airy session, eighteen hundred and seventy
two.
Be il enacted By the General Assembly Of |,
Maryland, That chapter three hundred and
eixty-four, Of the acts passed at the January
session, eighteen hundred and seventy, and
chapter one hundred and sixly-seyen, Of the
acts passed a January session, eighteen hua-
dFed and seveniy-two be, and the same are here
BY, repealed and the following enacted in lieu
thereof, and 10 be article seventy-one OF the |
Code Of Public General Laws, title @Oys-
ters."
Section l. Be il enacted, That no steamer |
shall be used in catching oysters in this State,
and no other boat shall be used in catching |
oysters with scoop, dredge or similar insifa- |
Inenb without first having been licensed as
hereinafter provided.
Sec. 2. Be 1t enacted, That the Comptroller
Of the Treasury shall, upon application Of any
person who has been resident Of this State
for twelve consecutive months next preceding
such application, and 10 no other person, issue
a license 10 such resident to employ such boat
in catching oysters with scoop, dredge or sim
liar instrument, within the waters of,ihe Ches-
apeake Bay, and in Eastern Bay, outside Of
line drawn from the southwest corner OF Sec
ond Kent Point 10 Wade's Point; Proridcd,
That nothing herein contained shall authorize
the catching Of oysters with scoop, dredge OF
similar instrument on any oyster bar within
one and a-half miles Of Talley's Point, Sandy
Point, Hackelis Point, Thomas Point, Hol-
land Island Bar, Three Sisters, Swan Point
Bar, Poplar Island, one quarter Of mile west
Of, and between the island and the main land,
nor within half mile Of Plum Point, and 10 buy
and sell oysters in this State; which license
shall hold good for one year. but shall only
authorize the catching Of oysters between the
first OF October and the first Of May; but 1t
shall be lawful for the owner Of any such boat
licensed, whenever said owner shall sell and
convey by bill Of sale for bona Jfde considera-
iion said boat unto any person who has been
a resident Of The State OF Mary land for at least
one year, to transfer the said license 10 said
vendee with said boat; which license, when
transferred shall entitle said yendee, with said
boat, TO the same privileges for catching oys-
lern in the waters Of this State, that the orig-
mai vendor or assignor had before said assign
ment; Provided, the said vsndee and assignee
shall appear before the Comptroller OF the
Treasury and make oath before him TO all the |
facts, matters, things and prerequisites requir-
ell of said original vendor or assgnor, before |
taking out such license upon which said Ii. |
cense said Comptroller shall certify the fact |
OF said veBdee or assignee having taken said |
oath, and for which said assgnee or yendee |
shall pay the sum Of five dollars, 70 be paid |
10 the stale Of Maryland.
See. 8. Be il enacted, That the owner Of such |
boat shall make oath before the Comptroller or /
his clerk, that be is the bono Fde owner Of such
boat, 10 be described in the license; that he
has been a resident Of the State for the time
before mentioned; that there is no lien on said
boat held by a nonresident; that the said boat
il not held with an intention TO violate the
provisions Of this law; such applicant shall
produce before the Comptroller, at the time Of
such application, the custom house enrolment
or license Of such boat, and If such boat is un-
der enstom-house tonnage, the owner shall
swear as 10 her tonnage; the master Of such
beat shall make oath before the Comptroller or
his clerk, that he has been resident OF the
State Of Maryland for twelve months next pre-
ceding the time Of taking such oath.
Sec. l. And be il enacted, That before grant
ing such license, the Comptroller shall receive
for il, from the applicant, at the rate Of three
dollars per ten for every ton the boat may
measure the license shall be exhibited when
ever called for by any cfieer Of the Stale Of
MARYLAND.
Sec. 5. And be it enacted, That any person
who shall violate any Of the provisions Of the
precedina sections shall be deemed guilty OF
n misdemeanor and liable to indictment, and
on conviction thereof in any court in this State
having criminal Jurisdiction, shall be senten-
ced 10 the Jail Of The county where the case is
tried, or TO the penilenliary, for a term not ex-
eeeding two years, or fined not exceeding two
hundred dollars, 10 the discretion Of the Court.
Sec. 9. Aud be il enacted, That upon infor-
nation given On oath 20 any judge or Justice
Of the teace, Of any violation Of any OF the
provisions Of this article, he shall issue his
warrant for the arrest Of the offender or often
ders. which warrant shall be directed TO the
.heriT or any constable OF the county wherein
the said warran, is Issued, or 10 any comman-
der or deputy commander Of the State Fishery
Force.
Sec. Z. And be il enacted, That any person
who shall resist any officer authorized under
this act 10 make arrests, shall be deemed gull
~ OF q misdemeanor, and upon indictment and
conviction thezeof-in any court having juris-
diction, shall be imprisoned in the jail Of the
county where The case is tried, or in the peni-
sentiary, not more than two years. or fined not
less than iifiy nor more than five hundred dol
lars, in the discretion Of the court the parties
Tried and acquitted under this article shsll
have the costs Of such trial paid by the Comp
troller Of the State, out OF the fund created BY
this article
Sec. 8. And be il enacted, That ii shall be
the duty Of the sheriff, constable or fiicers Of
G.