Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1892-12-08
The Boundary Question.

w
settling the matters in dispute between
the two States regarding the oyster
fisheries and the State boundaries in
the Potomac and Pocomoke rivers, met
Yesterday. Owing, however, to the
absence of State Senator Stubs, OF
Virginia, but one matter, that OF secur-
ING q convenient culling law for the 70
tomac river, was acted upon. over
this there was very little dispute. Both
the Maryland and Virginia delegates
were heartily agreed upon the need OF
such law, and the only discussion IL
brought about was over the details OF
the bill framed.
Lieutenant Governor Tyler, of Fir-
ginia presided and MIR. Chambers, OF
the same State, presented the report OF
the Joint SUBCOMMITTEE appointed to
draw up culling law. After brief
discussion the bill was agreed to, and
is as follows:
A bill. entitled an act supplementary
to the act of Assembly of Maryland,
and entitled an ''Act to regulate the
taking of oysters III the Potomac
river which is contained in chapter
76 ofthe Acts of the Assembly OF 1881.
Section /. Be it enacted by the Gen,
eral Assembly of Maryland, That all
oysters taken from the waters of the
Potomac river, either with scoops,
scrapeS, dredges or similar instruments;
or with rakes or tongs. shall be culled
upon the natural beds or bars from
which the same shall be taken as soon
as taken, and all oysters having shells
of less size than two and one.half
inches in length, measured from hinge
TO the mouth, together with all empty
shells. shall be left upon the natural
beds or bars provided, that where
small oysters are adhering so closely to
the she'll of the marketable oyster as to
render its removal impossible, without
DESTROYING the small oyster, then it
shall not be necessary to remove it.
Sec. >. And be it enacted, That where
any cargo or portion of cargo of oysters
taken from the waters of the Potomac
in any manner shall contain more than
five per cent. of empty shells, and oys-
tiers of which the shell measurement
shall be less than two and ope-half
inches from the hinge to the mouth.
the said cargo or portion OF cargo shall
be deemed to have been unculled, and
The person or persons who have taken
the same. and any person who shall
offer the same for sale, or have the
same in his possession for sale, shall
be deemed guilty of 4 misdemeanor.
Sec. 3. And be it enacted. That when
the purchaser or any other person
shall have reason to believe that any
cargo of oysters has been brought to
market in violation Of this law the in
spector shall be called in to ascertain
the fact, and he shall thereupon cause
the contents of every fifteen tub or
measure to be dumped in any convent
ent place to be agreed on by the ven
dor and purchaser, and the same shall
be kept away and separate from other
oysters or oyster shells. and after the
whole cargo, vessel load or quantity of
oysters so sold shall have been meas
ured and the quantity ascertained, the
Inspector shall, in the presence OF the
vendor or his duty authorized agent or
employee, proceed to separate from the
oysters so set aside all shells and small
oysters less two and one-half inches
in length, and he shall proceed to
measure the shells and small oysters
set aside as hereinafter provided, and if
said shells and small oysters so set
aside, after being separated from the
marketable oysters, shall be found to
exceed per cent. of the whole quanti-
tv so set aside as aforesaid, then the
vendor shall be deemed to have vio-
lated this act.
Sec. 4. And be it enacted, That any
person violating any section of this act
shall, upon conviction thereof, he fined
not less than s25 and not more than
$500, in the discretion of the judge of
the court or other tribunal before whom
such offender may be tried.
Sec. ). And be it enacted That all
oysters taken in the waters of the Ches-
apcakc bay or its tributaries, either in
the State of Maryland or Virginia,
shall be subject to the operation of the
laws of the State in which such oysters
may be offered for sale, and any person |
offering oysters for sale or having the |
same in his possession for sale which |
shall not have been cullcd rs required
by the laws of the State in which they
may be offered for sale, shall be liable
to trial and conviction in the same |
manner that such person would be if
such oysters had been caught i'll the |
State where they are so offered for
sale, and upon conviction shall be pun
ishcd in such manner as is provided
by the laws of the State in which such |
oysters may be so offered for sale.
Sec. 6. And be it enacted, That this
act shall go into effect as soon as it is
adopted by the State of Virginia
through an act of her General Assem-
blv, and shall continue in full force and
operation until the same shall have
been repealed or altered by either State.
Sec. Z. And be it enacted, That moth
ing in this act shall be construed in any
way to impair, alter or abridge any
right which either State, or the citizens
thereof, may be entitled to either by,
through. under or against tho compact
entered into between the States OF
MARYLAND and Virginia on the 18th day
of March, 1855, or any existing law OF
either of the two said States.
The bill was adopted, with the follow
ing resolution, offered by Mr.. Ellegood,
of Maryland
Resoired. 'By the joint committee Of
the States of Maryland and Virginia,
assembled Mt the Ebbitt House, in
Washington, D. c., on the 9TH day of
December, 1899, that this committee