The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1880-05-01
Public General LoaCs.
fCHAPrEH 1881
OYSTERS
AN ACT

OF the "e~ passed AZ ire January session,
eighteen hundred aud seventy -four, being an
act TO repeal article seventy zone, Of the Code
OF Public General Laws. title ''Oys,ers. ~ as
amended and re-enaeted by chapter three hun.
dred and siSly-four, Of the acts passed at JAM
uary session, eighteen hundred and seventy.
and also chapter one hundred and sirty.seven.
Of the acts passed at January session, eighteen
hundred and seveuty.two, and to re-enact
the same with amendments, aud add addi-
tional sections thereto.
SsCrioS /. BE Il enacted by the General Az.
sembly OF Maryland, Tha, chapter one hundred
and eighty-one, OF the acts passed at January
session, eighteen hundred and seventy-four. be-
and the seine are hereby repealed. and the lol.
lowing enacted In lieu thereof, TO be article
seventy-one, ofthe Code ofPublc General Laws,
title "OJsters.'
SEC. 2. Be Il enacted, That no steamer shall
be used or employed In catching oysters ia the
waters Of this State, with scoop, dredge or SINH
lar instrument, and no other boat shall be used
in catching oysters with scoop, dredge or SINH.
lar instrument, without first having been Ii.
censed 40 hereinafter provided.
SEC. }. And be Il enacted, That the Comptroller
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 TO no other person, issue n H.
eense To such resident 10 employ such boat in
catching oysters with scoop, dredge or similar
Instrument, within the waters Of Chesapeake
Bay and 10 Eastern Bay, outside Of line drawn
from the southwest corner of Second Kent Point
to Wade's Poiut: provided, that nothing herein
contained shall authorize the catching OF oysters
with scoop, dredge or similar instrument, on
any oyster bar within one and half miles Of
Tolley's Point, Sandy Point, Hackeu's Point,
Thomas Point Holland Island Bar. Three SIS
tcrs, Swan Point Bar, Poplar Island, one quar-
ter Of a mile west Of, and between the island and
the main land, nor within q 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 be-
tween the fifteenth day Of October and the first
day Of April, bat 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
hle consideration, said boat, unto any person
who has been a resident Of the State OF Maryland
for at least one year 10 tran fer the said license
to said veudee with said boat, which license
whcn transferred, shall entitle said yendee with
said boat TO the same privileges for catching
oysters In the waters Of this State that the
original venuor or assignor had before said as
signment provided, the said vendee and assignee
shall appear before the Comptroller Of the Treas.
ury aud make oath before him 10 all the facts
matters, things aud prerequisites required Of
said original vendor or assiguor before taking
out such licenses, upon which said license the
said Comptroller shall certify the fact Of said
vendee or assignee have taken said oath, aud
for which said assignee or yendee shall pay the
sum Of i've dollars, to be paid to the State Of
Maryland,
SIC. And be II enacted, That the owner Of
an al E.fn ha
troller or bis clerk, OF II the owner be a resi-.
dent Of Baltimore city, he shall make oath be-
fore the Clerk OF the Court Of Common Pleas
or II a resident Of u county, shall make oath
before the Clerk Of the Circuit Court Of said
county, that be is the bona hde owner OF such
boat TO be described 10 the license; that he has
been resident OF the State for the time before
mentioned; that there is no lien on said boat
by nonresident, that the said boat is 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 certificate Of tho taking OF such oath, the
Custom-House enrolment or license OF such
boat; and If such boat Is under Custom-liouse
tonnage the owner shall swear TO her ton.
mage the master OF such boat shall make
oath before the Comptroller or his clerk. or IL a
resident Of Baltimore city, before the clerk Of
the Court OF Common Pleas, or the clerk Of the
county whereof be may reside, that he has been
n resident Of the State Of Maryland for twelve
months next preceding the time OF taking such
oath.
Sac. s. And be 1t enacted, That before grant
ing such license, the Comptroller shall receive for
il from the applicant AT the rate Of three dollars
per ton for every ton the boat may measure;
the license shall be exhibited whenever called for
by any officer OF the State Of Maryland.
SIC. 6. And be II enacted, That any person
who shall violate any OF the provisions Of the
preceding sections shall be deemed guilty Of
misdemeanor, aud upon indictment and convic-
ton in any Circuit Court, or before any Justice
Of the Peace Of this State, before whom such case
Is tried shall be fined not less than fifty dollars nor
more than two hundred dollars, or sentenced to
the House Of Correction for term hot less than
three months nor more than three years; aud
the boat or weasel used In said violation, to-
geiher with the papers, furniture and tackle on
board Of said boat OF vessel a, the time Of the
said violation, shall pay penaity OF not less
than my dollars nor more than thteee hundred
dollars for each and every violation Of the pre-
eeding section.
SIC. Z. And DO II enacted, That upon informa-
ton given under oath to any Judge of the Circuit
Court or Justice OF the Peace, OF any violation OF
any Of the provisions Of this act he shall issue
his warrant to the sheriff or any constable, re-
quiring any Of them TO whom II may be directed
to summon posse comitatus IL necessary, and
proceed forthwith TO arrest the party or parties
alleged 10 have been engaged 10 The violation Of
this act, and to seize and TO take possession Of
any coat canoe or vessel together with all her
tackel and apparel on board Of the same, and
deliver the same 10 the Judge Of the Circuit Court
or Justice Of the Peace Of this State, TO be dealt
with according TO the provisions Of this act
SEc. 8, And be Il enacted, That any person or
persons who shall resist any officer authorized
under this act TO make arrests, shall be deemed
guilty Of misdemeanor, and upon indictment
and conviction thereof In any court having juris-
diction, shall. be Imprisoned In the House Of Cor.
rection for not less than three months nor more
than three years, In the discretion Of the eouri;
the parties tried and acquitted under this act
shall have the cost Of such trial paid by the
Comptroller Of the State out Of the funds created
by this act.
SEc. 0. And be It enacted, That il shall be
the duty OF the sheriff, constable or officers Of
the State Fishery Force, TO arrest any person or
persons, aud TO seize any canoe, boat or vessel
found violating any OF the PROV lsons OF this act,
and bring the ontnder or offenders before Judge
OF the Court having criminal Jurisdiction, or a
Justice Of the Peace most convenient or aeces.
sble, to be dealt with as herein provided.
SIC. 10. And be II enacted, That the Judge
or Justice Of the Peace, before whom any person
or persons may be brought charged under oath