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

more than three years, and the boat or vessel
USED 10 such violation, together with all the
apparel and tackle on board, at the time Of said
violation, shall be held until said fine aud costs
are pad provided, that IL said fine shall not be
paid within twenty days thereafter, il shall be
the duty Of the said Judge or Justice Of The Peace
TO decree forfeiture Of the sid boat or vessel
together with all the apparel and tackle on
board, and he Is hereby authorized TO order any
sheriff or constable 10 sell said boat or vessel.
together with all the apparel aud tackle on
board, 10 the highest bidder, for cash, after
gnhg at least twenty days notice Of the time
and place Of said sale, aud the proceeds OF said
sale shall go to the payment Of the fine and
costs OF such prosecution, and the balance, II
any, shall be paid TO the owner Of said boat or
vessel provided, the said owner shall have the
right Of an appeal to the Circuit Court.
$50 IL. And be Il enacted, That any boat
owned wholly or in part by any non-resident.
used IN catching oysters in this State with scoop
dredge or similar instrument, shall be con.
demned by order Of any Judge Of the Circuit
Court nearest tho place Of her capture, or if
captured in Baltimore, by order Of the Judge Of
the City Court, and shall be sold by the sheriff
OF the county where condemned, or II condemned
in baltimore city, by the sheriff Of said city, to
the highest bidder, for cash, after twenty days
notice OF the time aud place OF sale, such notice
10 be published at least three times In a news
paper having the largest circulation, printed in
baltimore city or In the county where con.
demntd; ono-iourth Of the proceeds Of such sale
shall be paid to the party making the capture,
Except the officers of the State Fishery Force
and the balance shall be paid into the Treasury
of the State TO he credited to the Oyster Fund.
SEC. 10. Aud be It enacted, That the fines
accruing under this act shall be paid by the
sheriff, constable or officers OF the State Fishery
FnFra ral1arfinr. tl,a A..
the clerk OF the county or city where such fine
may accrue, and such clerk shall account for the
same 10 his next quarterly term to the Comptrol-
Ter OF the Treasury TO be placed to the credit Of
the Oyster Fund.
SEo. 10. And be II enacted, That I, shall be
unlawful, without authority from the owner for
any person or persons 10 take or catch planted
or bedded oysters; any person or persons violat-
nE the provisions Of this section shall be deem
guilty Of misdemeanor, and on conviction in
the Circuit Court Of the couhty wherein the
oysters were bedded, shall be fined not less than
hEe dollars nor more than fifty dollars or be
SENTENCED to the House of Correction for a term
not less than three months nor more than THREE
years, at the discretion Of the Judge or Justice
trying the same.
SEC. II. And be it enacted, That il shall be
unlawful for any person or persons 10 take or
catch oysters, except for private use, to the
amount Of five bushels per day, or for sale Of the
same To aay citizen or citizens of the neigh5or-
hood, and to them only for the purpose Of being
consumed where sold, or for the purpose OF re-
planting or bedding in the waters off counties
wherein they are caught, or for sale to the citi
Gems Of the county wherein they are caught,
and TO them only for the purpose Of pplant-
ing or bedding In the waters Of said couu-
ties, between the fifteenth day Of April and tue
first day Of September, in each and every year
any person violating this section shall be deemed
guilty Of a msdemeauor, and fncd by Justice
Of the Peace Of the county wherein the offence
was committed, not less than fifty dollars, nor
more than two hundred dollars, or imprison-
ment In the House Of Correction for not less
thau three months nor more than three years.
SFu. IS. And be IL enacted, That it shall be
unlawful for any person or persons 10 take or
catch oysters on Sunday or at night, or 10 carry
oysters In the shell outside the State, between
the first day OF April and the FIRST day OF Sep
tember; and any person or persons violating
this section shall be fined a sum Of not less than
fifty dollars nor more than three hundred dol
lars, or sentenced to the House OF Correction for
a period OF not less than three months nor more
than three years, or forfeit the boat, vessel or
canoe used In violation Of this Act. at the dis
erection ofthe Judge or Justice Of the Peace try
ing the same.
SEC. 10. Aud be It enacted, That the Comp
troler Of the Treasury shall have painted in
black 6guIcs on white canvas two sets Of mum
bers, corresponding to the license to catch oys-
tiers with SCOOP scrape, dredge, or any similar
instrument, each figure shall be twenty-five in.
ehes In length and Of proportionate width, and
the figures At least six inches apart, and he shall
give 10 each person taking out such license two
numbers thereof, one Of which shall be firmly
II - ~
die Of that part OF the mAinsail which Is above
the close reef, and the other number on the
port side, aud in the middle part Of the jih,
which is above the bonnet and reef these num-
bers shall be placed 10 an upright position, and
worn at all times during the dredging season,
aud shall not be concealed or defaced, aud no
other number shall be exposed to view or used
than that which is furnished by the Comptroller;
any person or persons who shall violate the pro-
visions Of this section, shall be Deemed guilty Of
a nisdemeauor, aud upon convection 10 any
Circuit Court In this State, or before Justice Of
the Peace shall be fined not less than fifty dol
lars, nor more than one hundred dollars, or i'm
prisOued in the House Of Correction, for period
Of not less than three months, nor more than
two years; provided, the Court or Justice Of the
Peace trying the same, shall be convinced that
the provisions OF this section have been inten-
tionally violated.
SIC. II. And be It enacted, That any resident
Of this State, desiring To use any canoe or other
boat in catching or taking oysters with rakes
or tongs for sale, in any Of the waters Of this
State, shall first obtain, by application TO the
Clerk Of the Circuit Court OF the county wherein
he may reside, a license therefor, and such Ii
eense shall have effect from the frat day Of June,
in the year In which they may have been obtained,
TO the first day Of June next succeeding; pro-
vided, that such license shall not authorize the
use Of said canoe or boat 10 taking or catching oys
tiers 10 sny 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 boundaries Of COUNTIES bordering on nav
igable waters shall be strictly construed so as
not to permit the residents Of either county to
take or catch oysters beyond the middle Of the
dividing channel; provided, that nothing in
this section shall be so construed as to prevent
the citizens Of st. NRry's and Calvert counties
from using the waters Of the Patuxent river In
common, or the citizens OF Queen Annes and
Kent counties from using the waters Of Chester
river 10 common, or the citizens Of Dorchester
and Wieomico counties from using the waters
Of the NaDiicqke river In common, or the cili-
zens Of Queen Anne's and Talbot counties from
using The waters Of Wye river and the mouth
thereof in common, or citizens Of Dorchester or
Talbot counties from using the waters Of the
Choplank river 10 common.
SEc. Is. And be il enacted, That each and
every license 10 take or catch oysters for sale,