The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1894-05-05
CHAPTER. 63

! OI1hE EIs 10.
An Act supplementary to the Act of Assembly
| of Maryland and entitled "An Act to
Regulate the taking of Oysters in the
| Potomac River which is contained in
Chapter rs of the Acts of Assembly oil
1884.
SECTION l. Be ii enacted by the General
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
culed 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 mouth, together with
all empty shells, shall be left upon the natural
beds or bars, Provided that when small oysters
are adhering so closely to the shell 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 2. AHd be ii enacted, That where
any cargo or portion of cargo of oysters taken
from the waters of the Potomac River in any
manner, shall contain more than five per
cent. of empty shells, and oysters of which
the shell measurement shall be less than two
aud one. 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 she
same, and any person who shall offer the
same for sale or have the same in his possess
sion for sale shall be deemed guilty of n
misdemeanor.
SEC. 3. And be ii enacted, That when the
purchaser or any other person shall have rea
son to believe that any cargo OF oysters has
been brought to the market in violation of
this law, the inspector shall be called in to
ascertain the fact and he shall thereupon cause
the contents of every liftieth tub or measure
to be dumped in any convenient place to be
agreed on by the vendor and purchaser and
the same shall be kept away and separate
from the other oysters or oyster shells, and
after the whole cargo, vessel load, or quantity
of oysters so sold shall have been measured
and the quantity ascertained, the inspector
shall, in the presence of the vendor or his duly
authorized agent or employee, proceed to sep
arate from the oysters so set aside all shells
and small oysters less than two and one half
inchesin length, and he shall proceed to meas
ure the shells and small oysters set aside as
hereinbefore provided, and if said shells and
small oysters so set aside, after being so sep
arated from the marketable oysters, shall be
found to exceed five per cent. of the whole
quantity so set aside as aforesaid, then the
vendor shall be deemed to have violated this
act.
Sec. 4. Ind be ii enacted That any per.
son violating any section of this act, shall,
upon conviction thereof be fined not less than
twenty five dollars and not more than three
hundred dollars in the discretion of the Judge
of the court or other tribunal before whom
such offender may be tried.
SEC. 5. AHd be it enacted, That all oysters
taken in the waters of the Chesapeake Bay or
its tributaries, either in the State of Maryland
,t,1II 10, a..
of the laws of the State in which such oysters
may be offered for sale, and any person offer
ing oysters for sale or having the same in his
possession for sale, which shall not have been
culled as 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 persons would be if such
oysters had been caught in the State where
they are so offered for sale, and upon convic-
ton shall be punished 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 ii 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 Assembly. and shall continue in full
force and operation until the same shall have
been repealed or altered by either State.
SEC. And be IL enacted, That nothing in
this act shall be construed in any way to i'm
pair, alter or abridge any rights which either
State or the citizens thereof, may be entitled
TO either by, through, under or against the
compact entered into between the States of
Maryland and Virginia on the 2Sth day of
March, 1888 or any existing law of either of
the two said States.
Approved March 8, 1894.
FRANK BROWN, Governor.
JOHN WALTER SMITH,
President Of the Senate.
JAMES H. PRESTON,
Speaker Of the House of Delegates.
We hereby certify that the aloregoing is a
correct copy of an Act of the General Assem-.
bly, of Maryland, passed January Session,
1894. /. ROGER McSHERRY,
Secretary of the Senate.
b. L. SMITH,
Chief Clerk Of the House Of Delegates