Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1886-05-07

taken SAID oatn; Tor which SAID certiti.
cate the said vendee or assignee shall
pay to the said Comptroller the sum
of five dollars for the use of the State
of Maryland.
SEC. 4. and be 10 enacted, That it shall
not be lawful for the owner or master
or any person on board of any vessel
IN this State to affix any crank, spool
winder or other machinery or equip
ment for operating or handling scoops,
scrapes or dredges, orto have on board
any vessel a scoop, scrape or dredge,
with intent to affiX the same to said
vessel for use in taking or catching
oysters, without having first obtained
license to take or catch oysters with
a scoop or dredge as aforesaid, and the
fact of having such scoop, dredge or
scrape on board of any vessel shall be
Prtmd tacia evidence of an intent to use
the same contrary to this section.
SEC. 5. And be IL enacted, That the
owner of such boat shall make oath
before the Comptroller or his Clerk. or
If the owner be resident of Baltimore
city, he may make oath before the
Clerk of the Court of Common Pleas,
or II resident of county, he may
make oath before the Clerk of the Cir
cult Court for said county, that he is
the bona tfde owner of such boat, to be
described in the license; that he has
been resident of the State for the
time hereinbefore prescribed; that
there is no lien on said boat held by a
nonresident, directly or indirectly,
and that the said boat is not held and
shall not knowingly be used with an
intention to violate or evade the pro-
visions OF this law; and such applicant
shall produce before the Comptroller
at the time of making such applica-
ton, the certificate of the taking of
such oath, and the Custom House ton
mage the owner. shall swear as to her
tonnage; the master of such boat shall
make oath before the Comptroller or
his Clerk, or if resident of Baltimore
city, before the Clerk of the Court of
Common Pleas, or before the Clerk of
the Circuit Court of the county wherein
he may reside, that he has been resi-
dent OF the State of Maryland for
twelve months next preceding the time
of taking such oath.
SRC. 0. And BE- IL enacted, That before
granting such license the Comptroller
shalt receive for it, from the applicant,
at the rate of three dollars per ton, for
every ton the boat may measure and
licenses may be issued after the be-
ginning of the oyster season at rhe
rate OF fifty cents per ton per month,
for the remainder of the season, and
the license shall be exhibited when
ever called for by any officer of the
State of Maryland.
SEC, Z. And Dc IL enacted, That any
master or person in charge of any
vessel who shall violate any of the pro-
visions OF the preceding sections by
taking oysters unlawfully, shall be
deemed guilty OF misdemeanor, and
upon Indictment and conviction in any
Cireuit Court in this State before which
such case is tried, shall bo sentenced
to the House of Correction for term
not less than three months nor more
than one year, and the boat or vessel
used in such violation, together with
the papers, furniture and tackle on
board of said boat or vessel at the
time OF said violation, shall be for
feited, but shall be released upon the
payment of not less than one hundred
dollars nor more than five hundred
dollars and costs aud expenses for
each and everY violation of the pre-
ceding sections, in the discretion of
the court.
SEC s. And be IL eAaeted, That upon
information 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 requiring any Of them to
whom il may be directed to summon a
posse comitatus, If necessary, and proceed
forthwith to arrest tho party or parties
alleged to have been engaged in
the violation of this Act; and to seize
and take possession of any boat, canoe
or vessel, together with all her tackle
and apparel Oh board of the same and
deliver the same to the Judge OF the
Circuit Court or Justice ut the Peace
ing to the provisions of this Act; pro-
vided, that any Justice Of the Peace
before whom any person is brought,
charged with violation OF this Act,
the punishment FOR which is imprison-
ment in the House of Correction, shall
grant the parties charged speedy
hearing, and il, In his judgment, the
facts appear 10 warrant " conviction,
he shall hold tho parties charged for
their appearance before the grand jury
of the county for which he is appointed
at the succeeding term of the Circuit
Court.
SEC. 0. Aaa be 10 enaeted, That any
person or persons who shall resist any
officer authorized under this Act to
make arrest whilst such officer is in
the discharge Of his duties hereunder.
shall be deemed guilty of a felony, and
upon indictment aud conviction there
of in any court having jurisdiction,
shall be punished by fine of not more
than one hundred dollars and impris-
ened in the House of Correction for a
term OF not more than six months, 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 Of
the funds created by this Act.
SEC. 10. And be II enncted, That it
shall be the duty of the Sheriff, Consta-
BILE or Officers Of the State Fishery
Force TO arrest any person or persons
and to seize any canoe, boat or vessel
fanv4I .ainl.k..., .n., 20 tho 80.