The citizen. (Frederick City, Md.) 1895-1923, 1910-05-20
TCHAPTER 413.l

amendments Sections l, z, Is, 10,
20, 81 and 50 of Article ~ of
the Code of Public General Laws
of the State of Maryland, title
Oysters
Section l. Be it enacted by the
General Assembly of Maryland, That
Sections, /, 2, IS, 10, 90, 81 and
60 of Article 70 of the Code of Pub
lie General Laws of the State of
Maryland, title Oysters" be and
the same are hereby repealed and
reenatced with amendments, SO as to
read as follows:
l. Any resident of this State de-
string to catch oysters with rakes
or tongs for sale in any of the wa
ters of this State shall first obtain
by application to the Clerk of the
Circuit Court for the county where
in he may reside separate license
for every person to be employed on
such boat, and such license shall
have effect from the first day of Ser
TENDER, in the year which it may
have been obtained, to the twenty
fifth day of April, inclusive, next
succeeding; provided, that such Ii
cense shall not authorize the taking
or catching of oysters in any creek,
cove, river, inlet, bay or sound with
in the limit of any county other
than that wherein the license shall
have been granted; and that the
boundaries Of the counties or navi-
gable waters shall be strictly con-
strued so at not to permit the resi-
dents 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 Chester riv-
or in common, or the citizens of Dor
chester and Wicomico counties from
using the waters OF Nanticoke river
in common, or the citizens of Queen
Anne's and Talbot counties from u.s.
ing the waters of the Wye river and
the mouth thereof in common, or
the citizens of Dorchester and Tai
bot counties from using the waters
of the Choptank river in common;
provided, however, that the County
Commissioners shall be authorized to
give special permission to any wom-
an who has no visible means of sup
port to take and catch oysters with
out license.
2. Each and every license issued
conformity to the provisions of Sec
ton l of this Article shall state the
name, color, age and residence of the
person to whom the license is to
ha eroOtnI. tho pTp,ha, fboraaf ~,
the county in which the same is to
be used, and every applicant for such
license shall pay to the clerk of the
Circuit Court when such license may
be granted, and before the issuing
and delivery of the same, three and
one-half dollars, the Clerk to re-
ceive twenty-five cents for each and
every such license as a fee for issu-
ing the same, including administer
ing the oath when required. Two
thirds of the amount received for
such license shall be paid by the
Clerk to The School Commissioners
for the use of the public schools in
the respective counties where such
licenses are issued, and Of this
amount the portion received from
white tongers to go to the white
schools, and the portion received
from the colored tongers to go to
the colored schools, and the remain
ing one-third to be paid over by the
Clerk to the Comptroller of the
State Treasury, to be credited to the
oyster fund. And one-third of the
amount received from any longing
license in any county of this State
shall be paid by the Clerk of the
Circuit Court of the county when
received to the Comptroller of the
Treasury, to be credited to the oys-
ter fund, any provision of any pub
lie local law or public general law
to the contrary Notwithstanding.
IS. The fines accruing under any
of the provisions of this Article shall
be paid by the Sheriff, Constable or
officers of the State Fishery Force
collecting the same within ten days
to the Comptroller OF the State Treas
ury, or to the Clerk of the Circuit
Court for the particular county where
such fine may accrue, or to the Clerk
Of the Criminal Court of Baltimore.
ii such fine shall accrue in said city,
and it shall be the duty of the State
Attorney for the several counties
and for the city of Baltimore to keep
an account Of said fines imposed and
to make monthly report thereof
to the Clerk of the Circuit Court for
their respective counties, or to said
Clerk of the Criminal Court, as the
case may be, and to see that said
fines are duly collected and paid over,
as aforesaid, and the surplus, after
paying all costs for prosecution in
such cases, shall be paid to the State
Comptroller for the use of the oys-
ter fund, with a statement of the
fines imposed and costs of the same:
the Justice Of gho sAce or Clerk of
the Court which imroscs said fine in
any and every case shall in writing
inform the Comptroller of the Treas
ury of the fine, upon whom laid and
the amount of said are, with date of
same. Any one who shall violate any
provisions of this section shall be
deemed guilty of a misdemeanor and,
upon conviction thereof before any
Judge or Justice of the Peace in
this State, shall be fined not less
than twenty-five dollars, nor more
than three hundred dollars, in the
discretion Of the Court or Justice of
the Peace before whom such person
shall be tried, or be imprisoned in