The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1880-04-30
Public General L0eUS.
ICHAPTER 1913
OYSTERS.
AN ACT

eighteen hundred and seventy -four, being an
act to repeal article seveuty-one, of the Code
of Public General Laws title "Oysters, " as
amended and re.cnacted by chapter three hun
dred and sixty.four, of the acts passed at jan
uary session, eighteen hundred and seventy,
and also chapter one hundred and siXtyseyen,
of the acts passed at January session, eighteen
hundred and seventy-two, and to re-enact
the same with amendments, and add addi-
tional sections thereto.
SECTION |. Be it enacted by the General AS
semby OF Maryland, That 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and the SEINE are hereby repealed, and the tol-
lowing enacted in lieu thereof, to be article
sevcnty-one fthe Code ofPuhlic General Laws,
title "Oy sters.''
SEC. 2 Be it enacted, That no steamer shall
be used or employed in catching oysters in the
waters of this State, with SCOOP, dredge or SINH
lar instrument, and no other boat shall DE used
in catching oysters with scoop, dredge or simi-
lar instrument, without first having been IL
censed us hereinafter provided.
SEC 3. And 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 Il Ii
cense to such resident to employ such boat in
catching oysters with scoop, dredge or similar
Instrument, within the waters of Chesapeake
Bay and in Eastern Bay, outside of line drawn
from the southwest corner OF Second Kent Point
TO Wadc's Point: provided, that nothing herein
contained shall authorize the catching Of oysters
with scoop, dredge or similar instrument, on
any oyster bar within one and Il half miles OF
I > u. IL att No ttnt
Thomas Point Holland Island Bar, Three Sis
tiers, Swan Point Bar, Poplar Island, one-quar-
ter of n mile west of, and between the island and
the main land, nor within a 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 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 bona
fde consideration, said boat, unto any person
who has been Il resident of the State of Maryland
for at least one year, to tran fer the said license
to said vendee with said boat, which license,
when transferred, shall enttle said vendee with
said boat to the same privileges for catching
oysters in the waters of this State, that the
original vendor or aSsguor had before said as
signment; provided, the said vendee and assignee
shall appear before the Comptroller Of the Treas
matters, things and prerequisites required of
said original vendor or assignor before taking
out such licenses, upon which said license the
said Comptroller shall certify the fact of said
vendee or assignee lave taken said oath, and
for which said assignee or vendee shall pay the
sum of five dollars, to be paid to the State of
Maryland.
SEC. 4 And be it enacted, That the owner Of
such boat shall make oath before the Comp
troler or his clerk, or if the owner be a resi-
dent of Baltimore city, he shall make oath be-
fore the Clerk of the Court of Common Pleas
or if a resident Of county, shall make oath
before the Clerk Of the Circuit Court of said
county, that he is the bona fide 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
by n nonresident; that the said boat is not held
with an intention to violate he provisions of
this law, such applicant shall produce before
the Comptroller, at the time of such application,
the certificate of the taking of such oath, the
Custom-House enrolment or license of such
boat; and if such boat is under Custom-llouse
tonnage the owner shall swear TO her ton
mage; the master Of such boat shall make
oath before the Comptroller or his clerk; or ii a
resident of Baltimore city, before the clerk Of
the Court of Common Pleas, or the clerk of the
county whereof he may reside, that he has been
n resident of the State of Maryland for twelve
months next preceding the time of taking such
oath.
SEC. 5. And be it enacted That before grant
ing such license, the Comp 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.
SEC. G. And be it enacted, That any person
who shall violate any of the provisions of the
preceding sections shall be deemed guilty of a
misdemeanor, and upon indictment and conyc-
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; and
the boat or vessel used in said violation to-
gether with the papers, furniture and tackle on
board of said boat or vessel at the time of the
said violation, shall pay penalty Of not less
than fifty dollars nor more than threee hundred
dollars for each and every violation OF the pre-
ceding section.
SEC. I. And be it 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-
curing any of them to whom it may lie directed
to summon n posse comitatus if necessary, and
proceed forthwith to arrest the party or parties
alleged to have been engaged in the violation oil
this act, and to seize and TO take possession OF
any boat, canoe or vessel, together with all her
tacke and apparel on board of the same, and
deliver the same TO the Judge Of the Circuit Court
Justice Of the Peace of this State, to be dealt
with according to the provisions Of this act
SEC. g. And be it enacted, That any person OF
persons who shall resist any officer authorized
under this act to make arrests, shall be deemed
guilty Of a 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 court
the parties tried and acquitted under this act
shall have the cost of such trial paid by the
Comptroller Of the State out o! the funds created
by this act.
SEC. 8. And be it enacted, That it shall be
the duty Of the sheriff, constable or officers OF
the State Fishery Force, to arrest any person OF
persons, and 10 seize any canoe, boat or vessel
found violating any of the provisions of this act
and bring the offender or offenders before Judge
of the Court having criminal jurisdiction, or Il
Justice of the Peace most convenient acccs
sible, to be dealt with as herein provided.
SEC. 10. And be it enacted, That the Judge
or Justice of the Peace, before whom any person
or persons may be brought, charged under oath
with violating any of the provisions of this act
the said Judge or Justice Of the Peace shall either