The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1896-05-16
CHAPTER al.

CHAPTER AL.
AN ACT TO ADD NEW SECTIONS TO
ARTICLE SO OF THE CODE OF PUB
Lie GENERAL LAWS, TITLE FISH
AND FISHERIES" TO BE KNOWN
AS SUBTITLE CHESAPEAKE
BAY" TO FOLLOW SECTION SO OF
SAID ARTICLE 80. AND TO BE DES-
IGNATED AS SECTIONS 80, 81, 80. 80,
"a, 95, S, 81. 9S, SO, 100 AND 1O1.
Section l. Be it enacted by the General
ASSEMBLE of Maryland. That the follow
ing new sections be, and the same are
hereby. added to Article SO of the Code OF
Public General Laws, title Fish and
Fisheries" subtitle Chesapeake Bay"
and said new sections to be designated as
Sections 80, 81, 90, SO, 81 %, &c. 81, So, 80. 100
and 101. and to read as follows:
30. Any resident of this state desiring to
engage in the business of taking or catch
ing of fish for sale by the use OF pound
nets, fykes, haul seines or other contriv-
ances, except hook and line. within the
waters OF the Chesapeake Bay, below
Pools Island and within the jurisdictionai
limits of the state of Maryland, shall
first obtain by application to the clerk Of
the circuit court for the county wherein
he may reside or the clerk of the Court OF
Common Pleas of Baltimore City, a
have effect from the first day of February
in the year in which 1t may have been OBJ
tanned to the first day of February, in
elusive, next succeeding; and provided.
further, that such license shall not au-
thorize the taking or catching of fish,
except with hook and line within the
iurisdictional limits of any county or
counties in this state.
o. Each and every license to take or
catch fish for sale under the provision of
Section go of this article shall state the
name, age and residence of the person to
whom the same Is to be granted, and every
fnr no ma n
the clerk OF the circuit court or the clerk
of the Court of Common Pleas of Balti-
more City, when such license shall DE
granted and before the delivery of the
same the sum of five dollars the clerk to
receive the sum of twenty-five cents for
each ana every license so issued. as fee
for issuing the same, including the adj
ministering of the oath, when required;
and the said amount of license received
for issuing same shall be paid over by
the clerk into the treasury OF the state
of Maryland, to be credited to the "Oyster
Fund"
3d. Every applicant for license to take
or catch fish for sale under the provisions
of this article shall! be required to make
oath or affirmation before the clerk au-
thorized to issue the same, or before some
justice OF the peace, on whose certificate
of the taking of such oath or affirmation
the clerk shall issue SAID license; that the
facts set forth in said license are strictly
true; that he has been bona fide resident
of the state of Maryland for the twelve
months next preceding his application for
s1id license, and that no nonresident of
the state of Maryland is either directly or
indirectly interested in use of said pound
net. fyke or haul seine. or other
contrivance used in taking fish for
prosecution of said fishing of pound nets,
fykes, haul seines or other contrivances
in the taking or catching of fish for sale. "
shall cause to be printed and delivered to
the clerk of the circuit courts for the
several counties the requisite number OF
such blank licenses, and take receipt for
the same, as for other licenses furnished
and said clerks shall, on the first Monday
in July and December of each year. re-
turn to the Comptroller a list and account
of such licenses issued by them, and at
the end of each year shall return all I'M
used blank licenses to him, and shall pay
over. to the Comptroller all the moneys
received by them for such license, which
amount the said Comptroller shall place
to the credit of the Oyster Fund.
81. 1t shall not be lawful for any person
in taking fish for sale by the use of pound
nets, fyzes or other contrivances, now
known or hereafter invented, to set such
pound nets, fyke nets or other contriy-
ances. now known or hereafter invented.
in waters of the Chesapeake Bay, within
Maryland, and below pools Island. II,
the Chesapeake Bay, at a greater length
any person violating this section shall,
upon conviction thereof, before some jus
tice of the peace of any county of this
state most accessible. shall be fined the
sum OF not less than twenty or more than
one hundred dollars, or shall forfeit said
net or nets, together with the boats and
tackles used in the violation of Sections
80. 81 49, SO. "a, So, Sc. 81. 98 of this article.
or both fine and forfeiture, at the discre-
ton of the justice of the peace trying the
same; provided. that the party feeling ag-
as in other cases tried before justices of
the peace; and provided. further, that,
in case Of appeal, the person appealing
shall give TO the state of Maryland a good
and sufficient bond. covering double the
amount Of the fine, or forfeiture, in case
of forfeit, so as to secure to the state
the amount of fine and forfeiture, in
case he does not prosecute his appeal with
effect.
50. Any nonresident of this state violat-
ing either Section 80. 81. 80, SO, "a. IS, &c, 81
or 9S Of this article, by the use OF any
pound net. fyke net, haul seine or other
contrivances. now known or hereafter In
vented. in the taking or catching OF fish,
shall. on conviction thereof before some
state, most accessible, forfeit SAID pound
net. fyke net, haul seine or other contriv-
ance. now used or hereafter invented for
taking fish, together with all boats, YES
sells, tackle used in the violation OF this
act, or fined a sum Of not less than fifty
dollars and not more than one hundred
dollars, or both fine and forfeiture, in the
discretion of the justice of the peace try
ing the same; provided. the person feeling
aggrieved shall have the right to appeal
| to the circuit court Of said county, under
the provisions of the 94th Section of this
article.
| Sc. 1t shall be the duty of the commander
Of The State Fishery Force to command
the deputies under his charge to see that
| the provisions of Sections 90 to &c. inclu-
sive, of this article. are not violated, and
10 arrest all persons found violating any
provisions OF Sections 30 TO IS. inclusive.
OF this article, and take the said offender
or offenders TO the nearest or most access
ible Justice of the peace of any of the
counties Of this state, 10 be dealt with
according to law. ~
| 81. All fines collected by the justices OF
peace, under the provisions OF Sections
30 TO 49, inclusive. OF this article. shall
| within ten days thereafter, be paid to the
clerk of the circuit court of the county
in which the Justice OF the peace may
reside, and by the said clerk be paid into
the treasury of the state, to be credited
TO the Oyster Fund; and that the pro-
! visions of these sections of the subtitle
Chesapeake Bay" shall not apply in
any sense to. any Of the tributaries OF
the Chesapeake Bay.
l2 The use of mound nets or afafe mats