Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1886-04-22

it shall not be lawful for the owner or
master. or any person On board Of any
vessel in tbs State, to afssee sny crank,
spool, wiader. or other sillzshinery or
equipment, for operating OR handling
scoops, scrapes, or dredges, or TO have
on board any vessel a scoop. scrape,
or dredge. with intent to afix the
same to said vessel for use in taking
or catching oysters, without having
frst--obtainsd license to take or
catch oysters vita scoop or dredge
as Aforesaid; and the fact of having
such scoop dredge or scrape on board
Of any vessel. shall be prima facie ev-
idence of an intent to use the same
| contrary 10 this section.
Section s. And be il enacted, That
! the owner of such beat shall aiaks
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 Com
mon Pleas; or If a resident OF the
county, he may make oath before the
Clerk of the Circuit Court for said
county, that he is the bona fde own
er of such boat, to be described in the
license; that he has been a resident
Of the State for the time hereinbefore
prescribed; that there is no lien on
said boat held by a nonresident, di-
rectly or indirectly; and that the said
boat is not held, and shall not know
ingly be used with an intention to vi
olate or evade the provisions of this
law; and such applicant shall produce
before the Comptroller at the time Of
making such application, the certifi
cate of the taking of such oath, and
the Custom House enrolment or IL
cense of such boat; and if such boat is
under Custom House tonnage, the
owner shall swear as to ler tonnage;
the master of such boat shall make
oath before the Comptroller, or his
clerk; or if a resident Of Baltimore
city, before The Clerk of the Court Of
Common Pleas, or before the Clerk of
the Circuit Court of the county where
in he may reside, that he has been a
resident of the State of Maryland for
twelve months next preceding the
time of taking such oath.
Section 6. And be it enacted, That
before granting such license the Comp
troller shall receive for it, from the
applicant, at the rate of two dollars
per ton for every ton the boat may
measure; and licenses may be issued
after the beginning of the oyster sea-
son, at the rate of thirty-ssven and
Cne-half cents per ton per month, for
the remainder Of the season; and the
license shall be exhibited whenever
called for by any officer Of the State
of Maryland.
Section Z. And be it enacted, That
any master or person in charge OF any
vessel who shall violate any Of the
provisions Of the preceding sections,
by taking oysters unlawfully, shall be
deemed guilty of felony. and upon
indictment and conviction in any Cir
cult Court in this State, before which
such case is tried, shall be sentenced
to the Fenitentiary for term, not less
than one year nor more than three
years, and the boat or vessel used in
such violation, together with the pa,
pers, furniture and tackle on board of
said boat or vessel at the time of said
violation, shall be forfeited, but shall
be released upon the payment Of not
less than one hundred dollars, nor
more than FIVE handred dollars and
costs, and expenses for each and eve-
ry violation of the preceding sections,
in the discretion of the Court.
Section s. And be it enacted, 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 Sher-
if or any Constable. requiring any of
them to whom it may be directed. to
summon q posse comitatus, if necessa.
ry, and proceed forthwith to arrest
the 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 on
board of the same, and deliver the
same to the Judge of the Circuit
Court, or Justice of the Peace ofthis
State, to be dealt with according to
theprovisions ofthis Act; provided that
any Justice Of the Peace before whom
any person is brought, charged with
violation of this Act. the punishment
for which is imprisonment in the pen.
itentiary, shall grant the parties charg-
ed a speedy hearinC. and IL in his