The Democratic advocate., 1874-05-30

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Ice Of the time and place Of sale, such notice |
. be published al least three limes in a news
paper having the largest circulation, printed in
Baltimore city, or in the county where con-
demned; one-fourth Of the proceeds Of such
sale shall be paid TO the party making the
capture, except the officers Of the fishery force,
and the balance shall be paid into the Treas
ury Of the State.
Sec. u. And be il enacted, That any person
who'shall without authority from the owner
catch oysters planted or bedded shall be
deemed guilty OF felony, and on conviction
in the circuit court Of the county wherein the
oysters were bedded, shall be sentenced to the
penilentiary, for a Term not exceeding three
years.
Sec. IS. And be ii enacted, That il shall be
unlawful for any person to catch oysters ex-
cept for private use or for the purpose Of re-
planting or bedding In the waters Of this
State, or for sale to the citizens Of the county
wherein they are caught, or the county next
adjoining, between the frst day Of May and
the hrst day OF September, in each and every
year; any person violating this section shall
be deemed guilty OF misdemeanor, and fined
by justice Of the peace OF the county wherein
the offence was committed, not exceeding fifty
dollars.
Sec. II. And be ii enacted, That il shall be
unlawful for any person to catch oysters on
Sunday. or at night, aud any person violating
this section shall be fined a sum not less than
fifty nor more than 1--WE hundred dollars,
by the judge or Justice OF the peace trying the
care.
Sec. Is. And be il enacted, That the Comp
troller Of The Treasury shall have painted in
black hgures on white conyass, two sets Of
numbers corresponding TO the license to catch
oysters with scoop, dredge or similar instu-
meni; each figure shall be twenty-five inches
in length, and Of proportionate width, and the
figures at least six inches apart, and he shall
give to each person taking out such license
two numbers thereof one Of which shall be
firmly sewed upon the stafboard side, and in
the middle Of thar part Of the main sail, which
is above the close reef and the other number
on the port side, and in the middle part Of the
lib which is above the bonnet and reef; these
numbers shall be placed in an upright posi-
tion, and worn at all times during the dredg-
ing season, and shall not be concealed or defac-
ed, and no other number shall be exposed to
view or used than that which is furnished by
the Comptroller; any captain who shall vio-
late the provisions of this section, shall be
deemed guilty Of misdemeanor, and upon
N0uNAGhAbh Au aNl NoulL Il t3lS Gtdtt
shall be fined not less than fifty nor mere than
one hundred dollars, or imprisonment in the
Jail Of the count where the case is tried not
more than six months, in the discretion Of the
court, provided the court or jury trying The
same shall be convinced that the provisions of
this section have been Intentionally yio-
lated
Sec. IL. And be il enacted, That any r,s-
dent Of this State desiriug 10 use any canoe or
other boat in catching or taking oysters for
sale with rakes or tongs ia any OF the waters
OF this State, shall first obtain by application
to the clerk OF The circuit court Tor the COUNTY
wherein he may reside, a license therefor, and
such license shall have effect from the first
day of June In the year in which it may have
been obtained, 10 the FIRST day Of June next
succeeding; Prorided, That such license shall
not authorize the use Of said canoe or boat in
taking or catching oysters in any creek, cove,
river, inlet, bay or sound within the limits OF
any county other than that wherein the license
shall have been granted, and that the boun-
daries Of counties bordering on navigable
waters shall be strictly construed, so as not to
permit the residenls Of either county to take or
catch oysters beyond the middle Of the devid-
ing channel; PfOvided, That nothing in this
section shall be SO construed as to prevent the
citizens Of Calvert and st. Mary's counties
from using the waters Of the Patuxent River
in common, or the citizens Of Queen Anne and
Kent from using the waters OF the Chester
River in common, or the citizens Of Dorchester
and Wicomico from using the waters of the
Naniicoke in common, or the citizens Of
Queen Anne and Talbot from using the wa
ters Of Wye River and the mouth thereof in
common.
Sec. Is. And be it enacted, That each and
every license to take or catch oysters for sale,
with rakes or tougs, shall state the name and
residence Of the person TO whom the same is
to be granted, the number together with the
length to be obtained by top or over all mea-
surement Of the canoe or boat 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
delivery Of the same, according to the follow
ing rates, viz: For any boat measureing in
length twenty feet or less, the sum of two dol
lars measuring from twenty to twenty-five
feet, the sum Of THREE dollars, measuring from
twenty-five to thirty feet, the sum OF four dol |
lars, and all over thirty feet, including sloops
under custom-house tonnage, the sum of five
dollars each, and all oysters taken with rakes !
or tongs shall be culled upon the natural beds |
where they are taken, tho, amount received |
from longing license 10 be paid by the clerk 10 |
the school commissioners for the public schools
Of the respective counties where such license il !
issued; Proridcd, The sum received from
white tongers shall 60 10 white schools, and |
the sum from colored tongers TO the colored
schools.
Sec. 10. And be il enacted. That every ap-
plicant for license TO use any canoe or other |
boat in taking or catching oysters with rakes |
or longs. shall be required 10 make oath or |
affirmation before the clerk authorized to issue |
the same or some justice Of the peace, on whose |
certificate Of the taking Of such oath or afIir- |
nation, the clerk shall issue said license; that
the facts set forth in said license are strictly |
true; that he has been bona fde resident OF |
the county for the Twelve months next preced- |
ing his application for said license; that he |
desires and intends TO use said canoe or boat |
only In the county in which he resides; that |
he will not allow the same 10 be used for TAX
ing oysters by non-residents of the county; !
and that he will comply with and obey all the !
laws Of this State regulating the taxing or
catching OF oysters, and every person to whom
such license shall have been granted, shall
paint The number Of his canoe or boat on the
outside thereof near the gunwale, in .blaek
figures, and not less than three inches in length,
and OF proportionate width, in xhile ground,
and no pumber other than that in the said Ii !