Democratic messenger., 1892-06-18

nj the end Of the season all licenses not
used shall he returned hy said clerks To
The Comptroller aud the said clerks shall
also pay 10 the Comptroller one-irnlh ni
all moneys cc,ivcd hy them for such
licenses. which sum shall he placed 10
the credit of the oyster fund
See H. II any boat or vessel shall be
seen sailing ON any Of The waters of this
state which are exempted from dredging
hy law, in the same manner IN which
I they sail To take or catch oysters with
scoop, scrapr. drag or dredge or similar
/ instrument. the said boat or vessel shall
hr pursued hy any officer authorized by
/ This article 10 make arrests. and il said
boat or vessel apprehcnded by said oiii-
Ger shall be found Ia have on board any
wet oysters. or the dredgcs or dredge-
line or deck wei, indicating the taking
of oysters AT said time. and properly
equipped for ulkng or catching oysters
with scoop. >crape drag or dredse. or
similar instrument. such fact shall he
prima ficie evidence ihat SAID boat or
vessel has been used in violation of Sec
tions one 10 forty three inclusive; and it
shall be- the duty nf the officer Ia arrest
the person in command 0f SAID boat 0t
vessel aud to seize the said boat or yes !
sci. together with NIL her equipments. AMI
bring the same before judge or justice
Of the peace. of the county having iuris-
diciiun, ar, 1t in the Chesapeake Bay. the
county most accessible or convenient. to
/ he dclt With according Ia law: provided
that nothing in this article shall be con
sirucd To- prohibit vessels from seeking
harbor in any waters of this state. The
provisions Of this section shalt extend 10
! I..lt Ifnnn.aI taE sttt
scoop or scrape by any county of this
state.
See II Any resident ot this state de-
string 10 catch or take oysters with rakes
or iongs, for sale. in any nf the waters of
this state. shall first obtain by applita
! ,ion 10 The clerk of the Circuit Court for
the county wherein he may reside a IL.
crnse therefor, and such license shall
have effect from tho fifteenth day of Sep
( iember in the year in which il may have
heen obtained To the twentieth dav of
I April. inclusive, next succeeding; prnvid
Ell that such license shall not authorize
the taking or catching OF oysters in any
creek, cove, river, inlet. hay or sound
within the limits of any county other
than that wherein the license shall have
been granted, and that the bpundries Of
the counties bordering on navlgable Wa
icrs shall he srictly construed ST. as not
10 permit the residents of either county
Ia take or catch oysters beyond the mid
die of the dividing channel: provided
that nothing in this section shall he so
construed as Ia prevent the citizens ot
Queen Anne's and Kent counties from
using the waters of the Chester River IN
common. of the citizens of Dorchester
aud Wicomico counties from using the
waters of Nan,icoke River in common,
or The citizens Of Queen Anne'S and Tai
hoi counties from using the waters OF
WE River and the mouth thereof in
common. or the citizens 0i Dorchester
aud Talbot counties from using the Chop
tank River in common; provided. how
ever. that the county commissioners shall
he authorized 10 give special permission
To any woman who has no visible means
of support To take and catch oysters with
out license: provided also that hoys un
der fifteen wears of age shall not he re-
quired IL rrnsc
sec Is Each and every license Ia take
or catch oysters for sale with rakes or
iongs shall state the name, age aud resi-
dcnce Of the person 10 whom the same Is
10 he granted. the Number and the coun-
" in which the same is To Toe used. aud
every applicant for such license shall pay
tn he clerk Of the court when Such Ii
crnse may he granted. and before the is
suing and delivery ot the same. the sum
of three dollars, and also the sum OF fifty
cents ms IA fee Ia the clerk for issuing the
same. Ninetenths Of The amount rcceiy-
ed from toneiug licenses shall lie paid hy
the clerks 10 the school commissioners
for the public schools IN the respective
counties where such lIcensese are issued:
the sum received from white tangcrs to
- To- the white schools and the sum fe
ceived from colorcd ,ougers 10 go 10 the
cOlored schools
Sec. III Eecry applicant for license To
take or catch oysters with rakcS or tongs
shall hr required to make oath. or atlir
nation. before the clerk authorized tn is
sue the same.or some justice of the peace.
on whose certificate of the taking of such
oath. or affirmation. the clcrk shall issue
SAID license. that The facts set furtn in
said license are strictly true; that he has
been u hona- flee resident al the county
for twelve months mex proceeding his ap-
plication for said license; that h" desires
and intends Ia use said license in the
county in which he resides. or the waters
used in common. as hercinbefpre provid-
with and obey all the laws of this state
regulating the taking or catching nf oys-
teTs.
Sec. Il. The Comptroller of the Trcrs.
ury shall cause Ia be printed aud deliver
ed 10 the clerk 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 furnish
ed: and said clerks shall. ON the first
Monday of March and December of each
year, return 10 the Comptroller u list and
account of such licenses issued by them,
and ut the end of each longing season
shall return all issued licenses To him and
hill pay over To the Comptroller one
tenth of the amount received by them for
such licenses. which amount the said
Comptroller shall place la the credit of
the Oyster Fund" and no licenses Ia
take or catch oysters with rakes or tongs
shall he used on any boat or vessel which
is licensed Ia take or catch oysters with
scoop. drag. dredge or any similar instru
meDi durin,. thc season for which such
boat or vessel is licensed. and all licenses
shall expire al the end of the season.
Sec 20 That all oysters taken from
any waters uf this state teiihcr with
scoops. dredges or any similar insiru-
ment or iongs or rakesI shall be cLl ed
upon their natural bed or bar as taken,
and all oyster shells, and oysters whose
shells measure less than two and one
half inches in length, measuring from
hinge To mouth. shall be included in said
cullimg. and replaced mpon sain bed or
bar "a taken
Sec. 30 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 a misde.
meanor. and in ascertaining such percen
tase the officer of the police force. oyster
measurer. or inspector. Is hereby author
lied and directed Ia select such an amount
oi oysters contained in the pile. hold bin
or other place as he may think necessary.
and to Gull or have cullcd the amount so
selected
See 20 B. In order 10 ascertain the
quantity of small oysters. under size. and
shells in any bulk or cargo il shall be the
Il. al.