Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1930-08-29
EXECUTIVE DEPARTMENT
ANNAPOLIS = MARYLAND
PROCLAMATIONS
BY
The Governor Of Maryland
by

effect in the State of Virginia Of GER
tain changes in the laws pertaining to
oysters and clustering in the Potomac
River, which changes in the law are
identical with those contained in Sec
tons 70, 70, and "a of Article 72 of the
Code of Maryland, as enacted by Chap
ter 476 Of the Acts of 1927, and approx
ed by me April 26, 1927, (parts of Sec
tons 70 and IA having been previous
" proclaimed by me to be the law
under date of August %, 1920 which
sections affecting such changes atore-
said read as follows:
Sec r. 1t shall not be lawful for
any citizen of Maryland or of Virginia
to take or catch oysters with a scoop,
scrape, dredge, or any such instrument
in the waters of the Potomac River
between the fifteenth day of March and
the first day of November of each wear;
it shall not be lawful for any citizen
of either state to take oysters with
tongs from the waters of the Potomac
River between the fifteenth day OF
April and the fifteenth day Of Septem-
Der of each year, except as hereinafter
provided in Section "a; it shall not be
lawful for any person to have IN pos
session any oysters taken from the
waters of the Potomac River between
the twentieth day Of April and the
fifteenth day of September OF each
year. Every person found guilty OF
violating any Of the provisions of this
section shall be fined not less than
fiftv dollars nor more than i've nun
bred dollars for each ofense, and the
vessel. together with its equipment and
cargo, used in violating any such pro-
visions. shall be forfeited to the State.
sec. 70. All oysters taken from
any natural rocks, beds or shoals with
in the Potomac River shall be culleo
on their natural rocks, beds or shoals |
as taken, and oysters whose shells
measure less than three inches in
length, measuring from hinge to mouth
whether attached to a marketable oys-
ter or not, and all shells shall be in
cluded in said cuiling and placed on
said rocks, beds or shoals; provided,
that oysters once passed from the cutler
less than the prohibited size, and all
shells shall be considered as not hav-
ing been culled according to the pro-
visions of this section for the purpose
of this section shall be declared to be
unmerchaptable oysters; and when
oysters measuring less than three in
ches are adhering so closely to the
shell of a marketable oyster as to
render removal impossible without des-
troying the small oysters, then such
oysters, including the marketable
oyster or oysters, shall be returned to
the bed or bar from which they were
taken. And it shall be unlawful for
any person to take, buy or sell the
small oysters and shells from the
natural rocks, beds and shoals as afore-
said, or to take, buy or sell or have
in possession oysters less than three
Whenever any inspector or other OF
inches in length from hinge to mouth.
fcer shall have reason to believe that
this section has been violated with the
reference to the culling OF oysters, such
inspector or other officer IS hereby
authorized to examine the cargo Of any
boat or vessel, and if upon examination
of said cargo the said inspector or other
officer shall find that five per centum
or more of said cargo shall consist of
shells and oysters whose shells
measure less than three inches in leng-
tn, measuring from hinge to mouth, the
captain of the boat or other person in
charge of said boat shall be deemed to
have violated this section, and upon
conviction, if of a dredge boat or ven
dor of oysters, shall be fined not less
than one hundred dollars, or confined
in jail not less than thirty days nor
more than six months, either or both,
and in addition to such fine or I'M
prisonment said cargo shall be confis-
Gated and returned to the natural beds
under the supervision Of the oyster
inspector or other officer making the
arrest, and at the expense of the viola
tor, which expense shall be in addition
to the fine imposed and collectible IN
the same manner, and the boat OF ves-
sci on which said oysters are found
shall be held as security for the pay
ment of said fine; if the boat in which |
only oyster tongs are used, the said
captain or other person in charge snail
be fined not less than fifty dollars or
confined in jail not less the-i mteen
days nor more than three months,
either or both, and said cargo confis- |
Gated and returned to the natLral beds
under the supervision of the oyster
inspector or other officer making the
arrest. And the boat or vessel on
which said oysters are found SHAH be
held as security for the payment of said
fine, provided, however, that when any
person shall be found with oysters in
violation of this section, he shall be
presumed to be a dredger or vendor
of oysters, and if he claims to be a
longer, the burden shall be upon said
person to show that he is longer
only. In case there is an appeal OF
waiver of trial before Justice of the
Peace, in order to provide for the dis
position of any oysters that have been
declared understandable, the cargo Of
oysters shall remain in the possession
or custody of the Deputy Commander,
Inspector or other officer making the
arrest until the captain Of the boat or
vessel or the packer shall have reculled
the oysters in question; and the officer
under whose supervision the re-culling
is done, after ascertaining the quantity
of unmerchantable oysters and shells
SO culled out, shall give the captain or
Il