The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1892-05-13

CHAPTER 27S
AN ACT TO REPEAL SECTIONS, TWO, FIVE,
eleven, twelve, thirteen, fourteen. fifteen, six
teen seventeen, twenty, twenty A, twenty-onc,
ticie seventy,two Of the Code of Public General
Laws, title "Oysters," and to re-enact the same
tons to- sad arce fo follow in proner order the
respective sections in order of precedence and to
be designated as Sections twenty b, twenty e,
twenty ID, twenty +, twenty f, twenty e, twenty
and twenty-One A.
sEorIoN l. Be it enacted by the General Assem-
bly, of Maryland, That Sections two, five, eleven
twelve thirteen, fourteen. fifteen, sixteen, seven
teen, twenty, twenty A. twenty one, twenty eight
of the Code of Public General Laws, title "Oys-
ters," be and the same are hereby repealed and re-
enacted with amendments, and that certain new
sections be and the same are hereby added to said
article to follow the numerical sections of said
Sections twenty b. twenty c, twenty d, twenty K,
twenty f, twenty G, twenty and twenty -one A,
to read as to said respective sections as follows
SEC. ,. The Comptroller OF the Treasury shall
upon application Of any person who has been
months next preceding such application issue q
license to such resident and to no other person to
with scoop, dredge or similar instrument within
the waters of the Chesapeake Bay. Potomac River.
southwest corner of Kent Point to Wade's Point;
provided that nothing herein contained shall au-
scoop, dredge or similar instrument on any oyster
bar within one and onehalf miles of Talleys Point,
lands Island bar and Three Sisters nor within
and one-haf miles of Hollands Point bar, nor Of
the 81 mainland Of Talbot county south Of a line
drawn from the north point OF Poplar Island to
Lows Point on the mainland; nor north of line
drawn from the end OF the south bar of Poplar
Island to Paw Paw Cove on Tilghmans Island, nor
nor within one-half mile of Plum Point, nor within
the boundary lines of any county, unless herein
for one season only, and shall only authorize the
catching OF oysters between the fifteenth day OF
October and the first day OF april b on %aca day
pire; but it shall be lawful for the owner of any
or conyeT r 6 SIie of sale for bonade consider
alton said boat to any person who has been a resi-
to transfer said license to said vendee with said
boat, which license, when transferred shall entitle
said yendee to the sanie privileges of catching or
state that the original vendor assignor had had
before said assignment; provided said yendee and
Treasury and make oath befofe him TO all the facts,
matters and things required of said original vendor
which said license the said Comptroller shall GER
tify in writing the fact of said vendee or assignee
having taken said oath, for which said certificate
the said vendee assignee shall pay to the said
Comptroller the sum of five dollars for the use of
the oyster fund.- The provisions of this section in
relation to the time of taking oysters, the time OF
expiration of license and to transfer of ownership
shall apply to all vessels licensed by any county in
this state to take and catch oysters with scrape
SCOOP, and any law, general or local, In coniict
herewith shall be void and of no effect; provided
that the time specified in this section shall not
apply to boats or vessels licensed in the counties to
take oysters with scoop or scrape which time shall
thirty-first day of March, except Talbot and Dor
with scoop, scrape dredge shall begin the first
day of october and end on the first day OF March,
trolIer shall receive for Il from the applicant the
of three dollars per ton for every ton the boat
whenever called for by any officer of this state
SEC. IL. Any boat, owned wholly or in partt by
any nonresident, used in catching oysters In this
state with SCOOP dredge or similar Instrument t, is
hereby declared to be forfeited and shall be con-
mn az
captured in Baltimore City. by order of the City
Court and shall be sold BY the sheriff OF me county
City, by the Sheriff of said city to the highest
bidder for cash, after twenty days notice Of the
time and place of sale, such notice to be published
at least three times in a newspaper, having the
largest circulation, printed in Baltimore City or In
proceeds Of such sale shall be paid to the party
making the caPtpre iaclqding tne 9 ON ana
shall be paid into the Treasury of the state TO be
credited TO the oyster fund; provided, however,
sells shall have the right to make an appeal upon
givingto the state good and sufficient bond as re-
qtiired in such provided however. that when
the Romantics of the owner of any vessel shall be
called in question the burden of proving such bona
fides shall b. upon those claiming to be such own
ers, and pro rided also that upon taking such ap-
peal and filinT such bond the said vessel shall be
SEC IL The Comptroller shall have painted in
black figures OIL white canvas two sets of numbers
correspondence TO the license TO catch oysters with
scoop, scrape, 9-aage or any other similar 1nstru-
ments; each figure shan nc twenty-five inches in
at least six inches apart and he shall give TO eacn
person taking out such license two numbers
thereof, one of which shall be securely sewed upon
the starboard side, and in the middle of that part
of the mainsaii which Is above the close reef, and
the other number the port side, In the middle
part of the ib which is above the bonnet and reefs
these numbers shall be placed in an upright posi-
tion and worn at all times during the dredging sea-
son. and returned at the end of the season, and
shall not be concealed or defaced and no other
which Is furnished by the Comptroller; any person
who shall violate the provisions of this section
shall be deemed guilty of a misdemeanor as pro-
viied IN Section twenty-one of this act, and in
any such the boat or vessel shall be forfeited
and condemned, in the discretion of the judge, in
the manner provided in Section ten. The provi.
sions of this section shall apply to all boats licensed
take oysters with scrapc or scoop by any county
in this state, except that the numbers for such
boats shall he painted red instead of black, and the
the clerks OF the courts they may be ordered and
the end OF the season all licenses not used shall
be returned by said clerks to the Comptroller and
the said clerks shall also pay to the Comptroller
one-tentn OF all moneys received by them for such
licenses which sum shall be placed to the credit of
the oyster fund.
SEC 49, If any boat or vessel shall be sailing
on any of the waters of this state which are eN-
empted from dredging by law, in the same manner
in which they sail to take or catch oysters With
the said boat or vessel shall be pursued by any
officer authorized by this article to make arrests,
and II said boat or vessel unprecedented by said
officer shall be found to have on board any wet
oysters the lredges or dredge-llne, or deck wet
Indicating the taking of oysters ut said time, and
properly equipped for taking or catching oysters
with SCOOP scrape drag or dredge. or similar In
strument, such fact shall be prima-facie evidence
that said boat vessel has been used in violation
of Sections one fortythree inclusive; and ii shall
dt,trr ,,ff In Nflian IN