The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1874-05-30

OYSTERS.
Am AcT

AN ACT
To repeal article seventy lone Of the Code of
Public General Laws, tile "Oysiers," as
amended and re-enacted BY chapter three
hundred and sixty-iour el he acts passed
at January session, eighteen hundred and
seventy, and also chapter one hundred and
sixiy-seven, of the acts passed at the Janu-
AIRY session, eighteen hundred and seventy
two
Be il enacted by the General Assembly Of
Maryland, That chapter three hundred and
sixiy-iour, Of the acts passed at the January
session, eighteen hundred and seventy, and
chapter one hundred and sixiy-seyen, Of the
acts passed al January session, eighteen hun
dred and seventy-two be, and the same are here
by, repealed and the following enacted In lieu
thereof, and TO be article seveniy-one of the
Code Of Public General Laws, title "0ys-
terra"
Section l. Be 1t 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 flrst having been licensed as
hereinafter provided.
Of the Treasury shall, upon application Of any
person who has been a resident Of this State
for twelve consecutive months next preceding
such application, and 10 no other person, issue
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 Of Sec
ond Kent Point to Wade's Point; Prorided,
That nothing herein contained shall authorize
the catching Of oysters with scoop, dredge or
similar instrument, on any oyster bar within
one and a-half miles Of Talley's Point, Sandy
Point, Hackett's 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 it |
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 fde considera-
lion said boat unto any person who has been |
a resident Of the Stale Of Maryland for at least |
one year, to transfer the said license TO said |
yendce with said boat which license, when
transferred, shall entitle said vendee, with said
boat, 10 the same privileges for catching oys-
lers in the waters Of this State, that the orgi-
nal vendor or assignor had belore said assign
ment; Pfopided, 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 requr-
ed Of said original vendor or assigBor, before
taking out such license upon which said Ii.
ctnse said Comptroller shall certify the fact
OF said yendee or assignee having taken said
I'D fsar 40 1 4
shall pay the sum OF five dollars, to be paid
to the State of Maryland.
Sec. 8. BE il enacted, That the owner Of such
boat shall make oath before the Comptroller or
his clerk, that he is the bona fde owner Of such
boat, to he described in the license; that he
has been a resident OF the State for the time
before mentioned; thai there is no lien on said
boat held by a NONRESIDENT thai the said boat
is not held with an intention to violate the a
provisions OF this law; such applicant shall 4
produce before the Comptroller, at the time Of !,
uch application the cuslom-house enrolment :,
Or license Of such boat and il such boat is UNI :
Ter eusiom-house tonnage, the owner shall ],
wear as to her tonnage; The master Of such !
,cat shall make oath before the Comptroller or !
lis clerk, that he has been resident of the n
state Of Maryland for twelve months next pre- !,
eding the time of taking such oath. 4
Sec. 4. And be it enacted, That before grant Il
ng such license, the Comptroller shall receive =
or it, from the applicant at the rate Of three =
dollars per ten for every ton the boat may Y
MEASURE the license shall be exhibited when 'e
yer called for by any cficer Of the State Of C
iaryland.
Sec. 5. And be il enacted, That any person e.
rho shall violate any Of the provisions Of the W
receding sections, shall he deemed guilty Of rt
msdemeanor and liable TO Indictment and to
n conviction thereof in any court in this State lie
aying criminal Jurisdiction, shall be senten- 81
ed 10 the Jail of The county where the case is &C
RED, or TO the peniteniiary for term not ex- Ii
eeding two years, or fined not exceeding two al
undred dollars, in the discretion OF the Court to
See. 6. And be il enacted, That upon infor- y =,
nation given on oath 20 any judge or Justice -
the eace, Of any violation of any Of the -
rovisions Of this article, he shall issue his T.
arrant for the arrest Of the offender or often 20
ers, which warrant shall be directed 10 the =.
ierif or any constable OF the county wherein ~
lie said warrant is issued, or TO any comman- -
IF or deputy commander Of the State Fishery ~ ~
orce. ~
Sec. Z. And be il enacted, That any person VII
no shall resist any officer authorized under fro
is act 10 make arrests, shall be deemed gull til,
Of a misdemeanor, and upon Indictment and Of
nviction thereof-in any court having jurs- iss
ction, shall be imprisoned in the jail OF the VIII
unity where the case is tried, or in the peni- the
ntiary, not more than two years. or fined not sch
81 than fifty nor more than five hundred dol
re-, in the discretion of the court the parties /
ed and acquitted under this article shall phi
We the costs Of such trial paid by the Comp boz
,ller Of the State, out Of the fund created By or
& article affi