The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-05-14
So PER ANNUM

harbor IN any waters of this state. The pro-
visions of this section shall extend to all boats
licensed to take oysters with scoop or scrape
by any county Of this state.
SEC. IA. Amy resident of this state desiring
to catch or take 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 for the county wherein he may
reside license therefor, and such license
shall have effect from the fifteenth day of
| September in the year in which it may have
been obtained to the twentieth day of April,
inclusive, next succeeding; provided that
such license shall not authorizethe taking or
catching of oysters in any 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 bound
aries of the counties bordering on navigable
waters shall be strictly constructed 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 Queen Anne's and
Kent counties from using the waters of the
Chester River in common, or the citizens of
| Dorchester and Wicomico counties from u.s.
ing the waters of Nanticoke River in com
mon, or the citizens of Queen Annd' and Tai
bot counties from using the waters of Wye
| River and the mouth thereof in common, or
the citizens of Dorchester and Talbot counties
from using the waters the Choptank River in
common; provided, however, that the county
commissioners shall be authorized to give
special permission to any woman who has no
visible means of support to take and catch
oysters without license; provided also that
boys under fifteen years of age shall not be
required to license.
| SEC 10. Each and every license to take or
catch oysters for sale with rakes or tongs
shall state the name, age and residence of the
person to whom the same is 10 be granted,
the number and the county in which the same
is to be used, and every applicant for such
license shall pay to the clerk of the court
when such license may be granted, and be-
| fore the issuing and delivery of the same, the
sum of three dollars, and also the sum of fifty
cents as a fee to the clerk for issuing the
same Nine-tenths of the amount received
from longing licenses shall be paid by the
clerks to the school commissioners for the
public schools in the respective counties
where such licenses are issued; the sum re-
ceived from white tongers to go to the white
schools and the sum received from colored
tongers to go to the colored schools.
Sec. 16. Every applicant for license 10
take or catch oysters with rakes or tongs
shall be required to make oath, or affirma E
ton, before the clerk authorized to issue the
same, or some justice of the peace, on whose
certificate of the taking of such oath, or aifir-
nation, the clerk shall issue said license, that
the facts set fourth in said license are strictly
true; that he has been q bona-fide resident OF
the county for twelve months next preceding
his application for said license; that he desires
and intends to use said license in the county
in which he resides, or the waters used in
common, as hereinbefore provided in this
article, and that he will comply with and obey
all the laws of this state regulating the taking
or catching of oysters.
SEC. II. The Comptroller of the Treasury
shall cause to be printed and delivered to the
clerks of the Circuit Courts for the several
counties the requisite number of such blank
licenses, and take receipts for the same as
for other licenses furnished and said clerks
shall, on the first Monday of March and
December of each year, return to the Comp
troller Il list and account OF such licenses
issued by them, and at the end OF each tong
ing season shall return all unused licenses to
him, and shall pay over TO the Comptroller
one-tenth of the amount received by them for
such licenses, which amount the said Com
ptroller shall place to the credit Of the "Oyster
Fund, y and no license TO take or catch oysters
with rakes or tongs shall be used on any boat
or vessel which is licensed to take or catch
oysters with scoop, drag, dredge or any simi-
lar instrument during the season for which
such boat or vessel is licensed and all licenses
shall expire at the end of the season.
SEC. 20. That all oysters taken from any
waters of this state (either with scoops, dredges
or any similar instrument, or tongs or rakes, J
shall be culled upon their natural bed, or
bar as taken, and all oysters shells, and oysters
whose shells measure less than two and one
half inches in length measuring from hinge
10 mouth, shall be included in said culling,
and replaced upon said bed or bar as taken
SEC. 20 A. Any person who shall have
oysters in his possession which contain more
than five per cent of shells and small oysters
shall be guilty of misdemeanor and IN as
certaining such percentage the officer OF the
poIice force, oyster measurer, or inspector,
is hereby authorized and directed to select
such an amount of oysters contained IN the
pile, hold. bin or other place as he may think
necessary and to Gull or have culled the
amount so selected.
SEC. 20 B. In order to ascertain the
quantity of small oysters, under size, and
shells in any bulk or cargo it shall be the
duty of any purchaser, with the measurer, to
Gull or have culled one standard measure or
tub out of every fifty tubs, and in the event OF
! the cargo or bulk being less than nifty tubs
then one standard tub from such quantity as
there may be, and if found to contain tve per
cent or less of shells and small oysters then
the purchaser shall pay for all oysters taken
bv him. without any allowance for shells and
small oysters, and in the event of there being
over FIVE per cent of shells and small oysters
then said cargo shall be considered as not
properly culled, and the owner shall be
subject to the penalties prescribed IN Section
twenty.one A of this article.
SEC. 2OC. 1t shall be unlawful for any
hacker, commission man or other person 20
purchase or receive any cargo or portion oi
cargo of oysters which shall not have been
culled in the manner provided in Section
twenty of this act, and as soon as any Gull
tub shall be shown to contain more thah I'VE
per cent of empty shells and oysters, and nd
oysters of which the shell measurement snail
be less than two and one-half inches from
hinge to mouth, said cargo shall for the pur-
noses of this section be deemed to have Deen
unculled.
SEC. 20 D. Any packer, commission man
or boatman who shall conspire or agree with
any other person to evade any OF the provl'
sions of this act, or who shall knowingly con,
nive at or participate in such violation, shall
be deemed guilty of misdemeanor.
SEC. 20 E. II shall be the duty OF the
general measurer and inspector Of oysters to
supervise the operation of this act, SO tar as
may be possible, and diligently to aid IN the
enforcement of its provisions
SEC. 20 +. Any general measurer. and in,
spector of oysters in this state who. shall
knowingly permit any evasion or violation Of
this act to take place without causing the
arrest of the offender shall be deemed guilty
| of a mlsdemeanor.
SEC. 20 G. For the purpose ofthe enforce
ment of the provisions of this act the Cover
nor is hereby empowered and directed to ap'
point eight inspectors, by and with the con,
sent of the Senate, who shall not be engaged
in any branch of the oyster business, at a
salary of six hundred dollars each for the sea,
son, beginning the first day of September and
ending on the first day of May following, in
each and every year, said inspectors to be
assigned respectively as follows; One to
Baltimore City, one to Anne Arundel county,
one to Oxford, one to st. Michael s, one to
Crisfield, one to Cambridge, one to Wicomlec
county and one for Somerset county outside
of CrisGeld district. Whenever in any Other