Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-05-22
LOaCS--Ge71er0I.
ICHAPTER 1911
OYSTERS.
AN ACT

AN ACT
TO repeal article seventy zone of the Code Of
Public General Laws, title "Oysers," as
amended and re-enacted by chapter three
hundred and sixty-four, CT he acts passed
at January session, eighteen hundred and
seventy, and also chapter one hundred and
sixty-seven, of the acts passed at the Janu-
airy session, eighteen hundred and seventy
two.
Be it enacted by the Genersl Assembly Of
Maryland, That chapter three hundred and
sixty-four, of the acts passed at the January
session, eighteen hundred and seventy, and
chapter one hundred and sixty-seyen, of the
acts passed at January session, eighteen hun
bred and seventy-two be, and the same are here
by, repealed and the following enacted in lieu
thereof, and TO be article seyenty-one Of the
Code of Public General Laws, title "Oys-
ters"
Section l. Be it 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 instru-
ment, without first having been licensed as
hereinafter provided.
Sec. 2. Be it 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 TO no other person, issue
a license to such resident to employ such boat
in catching oysters with scoop, dredge or sim
liar instrument, within the waters of the Ches-
apeake Bay, and in Eastern Bay, outside OF
line drawn FROM the southwest corner oil Sec
ond Kent Point 10 Wade's Point; Provided
That nothing herein contained shall authorize
the catching of oysters with scoop, dredge or
2 similar instrument, on any oyster bar within
one and a-half miles of Talley's Point, Sandy
Point, Hacketts 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 TO 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 II
shall be lawful for the owner of any such boat
licensed whenever said owner shall sell and
convey by bill OF sale for a bona tide con.idera-
lion said boat unto any person who has been
q; resident OF the State OF Maryland for at least
one year, to transfer the said license to said
vendee with said boat; which license, when
transferred, shall entitle said yendee, with said
boat 10 the same privileges for catching oys-
ters in the waters Of this State, That the orlgi-
mai vendor or gnor had before said assign
ment; Prouided, the said yendee and assignee
shall appear before the Comptroller OF the
Treasury and make oath before him to all the
facts, matters, things and prerequisites requir-
ed Of said original vendor or assignor, before
taking out such license upon which said Ii
lnse said Comptroller shall certify the fact
Of said vendes or assignee having laken SAID
oalh, and Tor which said assignee or yendee
shall pay the sum of five dollars, 10 be paid
To the State Of Maryland.
Sec. 3. Be il enacted, That the owner of such
boat shall make oath before the Comptroller or
his clerk, that he is the bona fdc owner OF such
boat, TO be described in the license; that he
has been 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
= is not held with an intention 10 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 I'M
der custom-house tonnage, the owner shall
swear as to her tonnage; the master of such
boat shall make oath before the Comptroller OF
his clerk, that he has been resident Of the
s5gatc Of Maryland loriwelye months next pre-
csding the time Of taxing such oath.
Sec. l. And be il enacted, That before grant
ing such license, the Comptroller shall receive
for it, from The applicant, at the rate of three
dollars per ton for every ton the boat may
measure the license shall be exhibited when
ever called for by any officer of the State OF
Maryland
Sec. 5. And be il enacted, That any person
who shall violate any of the provisions of the
preceding sections shall be deemed guilty OF
4 misdemeanor and liable TO indictment, and
on conviction thereof in any court in this State
having criminal jurisdiction, shall be senten-
ced TO the Jail of the county where the case is
tried. or to the peniteniiary, for term not ex-
ceeding two years, or fined not exceeding two
hundred dollars in the discretion of the Court.
See. 6. And be it enacted, That upon infor-
nation given on oath 10 any judge or justice
of the peace, of any violation of any OF the
proyisions of this article, he shall issue his
warrant for the arrest of the offender or often
ders. which warrant shall be directed TO the
sheriff or any constable of the county wherein
the said warrant is issued, or TO any comman-
der or deputy commander of the State Fishery
Force.
Sec. 7. And be il enacted, That any person
mo shall resist any officer authorized under
ais ACT 10 make arrests, shall be deemed gull
~ Of a misdemeanor, and upon indictment and
conviction thereof in any court having Juris-
dictiQp, shall be imprisoned III the jan Oh the
comfy where the case is tried, or in the peni-
tentiary. not more than two years, or fined not
less than fifty nor more than five hundred dol
lars. in the discretion of the court; the parties
tried and acquitted under this article shall
have the costs of such trial paid by the Comp
troIler of the State, out of the fund created by
this article.
Sec. s. And be il enacted, That it shall be
the duty of the sheriff, constable or officers OF
the Stale Fishery Force to arrest any person
found violating the provisions of this article,
and bring the offender before judge of the
court having criminal jurisdiction, or justice
49, -, ;aace most convenient or accessible, to
he dealt with - herein provided.
SEC 0. And be ii enacted. That the judge or
;,.s,sce nj The peace before whom any person
I nav he brought, charged gnoer oath with vio-
ia,;no anv OF the provisions # his 4ftieie,
Ill oause ihs rarI9 to enter into recogni-
900 v~isa ~ sureties approved by said Judge
or Justice of the peace, in a sum not less than
five hundred dollars, for his or their appear
ance at the first term of the circuit court there
after, and in default thereof may commit the
said party to Jail.
Sec. TO- And be it enacted, That the fnes
accruing under this article, shall be paid by
the sheriff, constable or officer Of the State
Fishery Force collecting the same within ten
days, TO the clerk of the county or city where
q - i =. II