Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-05-20
OYSTER LICENSES.
Providing for the Amount of
the License, Its DiStribu-
ton and Use.
CHAPTER 413.

AN ACT to repeal and re-enact with
amendments Sections l, .. IS, 10,
%, 81 and 90 of Article 70 of the
Code of Public General Laws of the
State of Maryland, title oysters"
Section BE it enacted by the
General Assembly of Maryland, That
Sections l, 2, Is, 10, 90, 81 and SO of
Article 70 of the Code of Public Cen
eral Laws of the State of Maryland,
title oysters" be and the same are
hereby repealed and re-enacted with
amendments, so as to read as fol-
lows:
11.-Any resident of this State de-
string to catch oysters with rakes or
tongs for sale in any of the waters
of this State shall first obtain by ap-
plication to the Clerk of the Circuit
Court for the county wherein he may
reside a separate license for every
person to be employed on such boat,
and such license shall have effect
from the first day of September, in
the year which it may have been OBJ
tanned. to the twenty-fifth day of
April, inclusiv, next succeeding; pro-
vided, that such license shall not au-
thorize the taking or catching of oys-
tiers in any creek, cove, river, inlet
bay or sound within the limit of any
county other than that wherein the
license shall have been granted; and
that the boundaries of the counties or
navigable waters shall be strictly
construed so as not to permit the res
idents 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-
er 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 us.
ing the waters of the Wye river and
the mouth thereof in common, or the
citizens of Dorchester and Talbot
counties from using the waters of
the Choptank river in common; pro-
vided, however, that the County Com
missioners shall be authorized to give
special permission to any woman
who has no visible means of support
TO take and catch oysters without
license.
Each and every license issued
in conformity to the provisions or
Section / of this Article shall state
the name, color, age and residence of
the person to whom the license is to
be granted; the number thereof and
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 receive
twenty-five cents for each and every
such license as fee for issuing the
same, including administering 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 is
sued and of this amount the portion
received from white tongers to go to
the white schools, and the portion re-
ceived from the colored tongers to go
to the colored schools, and the re-
naming onethird 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 Cir
cult Court of the county, when receiv
ed to the Comptroller of the Treasury
to be credited to the oyster fund, any
provision of any public local law oil
public general law to the contrary
notwithstanding.
1S.-The fines accruing under any
of the provisions of this Article shall
be paid by the Sheriff, Constable oil
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 1t shall be the duty of the States
Attorney for the several counties and
for the city OF Baltimore to keep an
account of said fines imposed and to
make a 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 afore.
said. and the surplus, after paying all
costs for prosecution in such cases,
shall be paid to the State Comptroller
for the use of the oyster fund, with
statement of the fines imposed and
costs of the same; the Justice of the
Peace or Clerk of the Court which
imposes said fine in any and every
case shall in writing inform the
Comptroller OF the Treasury or the
fine. upon whom laid and the amount
OF said fine, with date of same. Any
one who shall violate any provisions
of this section shall be deemed guilty
of a misdemeanor and, upon convic-
tion thereof before any Judge or JUS
tice of the Peace before wnom sucu
person shall be tried, or be imprison-
ed in the county Jail for not less than
one month, nor more than six months.
And no part of fine or cost so col
lected shall be paid or allowed by the
Court to any States Attorney as a
fee where said States Attorney re-
ceives a fixed salary for his services.
19-No steamer or power boat OF
any kind shall be used or employed
in catching or taking oysters In the
waters Of the State with scoop,
dredge or similar instrument, and the
captain Of any boat licensed to take
or catch oysters with scoop, dredge
or similar instrument, who shall have
on his boat, so licensed, any engine
or motor OF any kind, whether attach
ed to said boat or not, which is adapt
ed to or can be used in the propul-
sion of said boat, shall be guilty OF a
misdemeanor and, upon conviction
thereof, shall be fined not less than
fifty dollars nor more than three hun
bred dollars. and no other boat shall
be used In catching oysters with
SCOOP. dredge or similar instrument
without first having been licensed, as
hereinafter provided.
23-After granting such license,
huI tue ffffa