Year: 1868

wherein the same may have been rendered, but


no execution or sale shall be stayed unless the


party appealing shall give bond with surety to


the State of Maryland, in double the value OF


the property condemned, or of the fine imposed,


as the case may be, said security or securities


to be resident or residents of the county in


which the Justice resides and who shall swear


or affirm that he or they are worth double the
amount of the property condemned and be-


comes surety for the same, with condition to
prosecute such appeal with effect, and to pay


the value of the property condemned, and fine


imposed, and all costs attending such proceed
ing, in case such Judgment shall become affirm


ed, and in all cases of appeal either party shall


be entitled to trial by jury.


Sec. 10. And be 1T enacted, That whenever
any offense is committed under any of the pro-


visions of this Article, within the waters of the
State, but not within the limits of any county,


then any Justice of the Peace or the Circuit
Court for any county, as the case may be, most
convenient of access, from the place where the
offense may be committed, shall have jursdic-
ton thereof and all proceedings, whether be-
fore Justice of the Peace or before the Circuit
Court for any county, shall be in the name of
the State, and if the party or parties accused
shall be acquitted, the Comptroller of the State
shall pay the cost out of the fund created by
this Article.


Sec. 20. And be 1t enacted, That any boat or
vessel, owned either wholly or in part by any
nonresident of this State, which may be used
or employed by any resident or nonresident of
this State in taking or catching oysters, in any
of the waters of this State, with scoop, scrape,
drag or dredge, shall be liable to seizure and
forfeiture, and upon conviction thereof by any
Justice of the Peace, or in any Circuit Court of
any county, or the Court of Common Pleas of
- Dnl4 I'LL 11a
sold in the same manner and upon the same
terms, and the proceeds of such sale or sales
shall be disposed of as hereinbefore provided in
section seventeen Of this Article.


SEC. 81. And be 1t enacted, That it shall be
the duty Of any sheriff, constable or other Off
Ger, created under this Article, with or without
warrant, to arrest any person or persons, and
to seize and take into custody any canoe, boat
OR vessel, whenever and wherever such person
or persons, canoe, boat or vessel, shall be found
violating or being used in violating any of the
provisions of this Article, and bring the Offend
er or offenders before the Justice of the Peace
or Judge of Circuit Court most convenient or
accessible to be dealt with as herein provided.


Sec. %. And be 1t enacted, That it shall be
the duty of the officer in charge of the Oyster
Police of the State, hereinafter provided for to
cause the vessel under his command to cruise
daily (unless the condition of said vessel or the
lnclemency OF the weather preyent) in any of
the waters of this State, to overhaul and exam
inc the licenses of all boats or vessels engaged
in taking or catching oysters in the State, and
to arrest all persons who may be found violat-
ing, or who may have been guilty of any vio-
lation Of apv Of the. provisions Of this-Article,
and to seize all boats or vessels, together with
their tackle and furniture, whichss1ay be found
on board such boats or vessels so engaged, used
or employed in violating said provisions, and
the said officer so commissioned shall have pow
er to summon to his aid such number of persons
as may, in his judgment, be necessary and pro-
per for the safe execution of his commission.


Sec. %. And be 1t enacted, That it shall be the
duty of any officer having charge of, or COM
such vessel, to take the person or per-
sons so arrested, and the boat or boats, vessel
or vessels, and other property so seized, into
custody, and cause the said person or persons
to be taken before some Justice of the Peace for
the county wherein the offense may have been
and If the offense shall have been
committed outside of the limits of any county,
then to take the said person or persons before
some Justice of the Peace of the county most
or accessible from the place where
such ofense shall have been committed and it
shall be the duty Of the Justice of the Peace,
before whom such person or persons shall have
been taken by said officer to take cognizance of
uOChGl CdSe OI III llle udle
of the State against such person or persons, and
the said boat or vessel, and the said Justice
shall proceed to try the same and render judg
ment as provided by this Article.


Sec. "a. And be 1t enacted, That it shall be
the duty of the officer alluded to in section twen-
ty-two of this Article, to return to the Commits
sioner of the Oyster Police Force, at the expi-
ration of every month, full and particular &C
count of his proceedings.


?. Sec. 25. And be 1t enacted, That in all cases
arising under this Article, the Justice of the
Peace before whom any person or persons may
be brought, shall proceed to docket case or
cases in the name of the State, against the per-
son or persons so charged, and also against the
boat or vessel employed or used, and shall pro-
ceed Immediately to try the same, unless the
party or parties SO charged shall state, upon
oath, that further time is necessary to enable
him or them to prepare for his or their defense,
and to procure attendance of witnesses, in
which case the said Justice shall appoint GER
tain day for the trial of the same, and shall
cause the said party or parties to enter into re-
cognlzance with sureties, approved by said
Justice, in sum not less than five hundred
dollars, for his or their appearance on said day;
said security or securities to be resident or re-
sidents of the county in which the Justice re-
sides, and shall swear or affirm that he or they
are worth double the amount of the recogniZ-
ance required, and in default thereof may COM
NIT the said party or parties to jail; and if up
on said trial it shall appear to the satisfaction
OF said Justice that any violation of this Arti-
Gle has been committed by the party or parties,
and that said boat or vessel has been used or
employed in said violation of this Article or
any of its provisions, the said Justice shall rem
der Judgment of condemnation against the
said boat or vessel, her tackle and furniture on
board at the time of her seizure, or fine the said
party or parties at his discretion, as hereinbe-
fore provided.


Sec. 26. Ind be it enacted, That it shall be
unlawful for any person or persons licensed un-
der Any of the provisions Of this Article to take
or catch oysters on Sunday, and any person or
persons so offending shall be liable to indict-
ment for misdemeanor in any court having
criminal jurisdiction in the State, and upon
conviction thereof shall be fined a sum not less
than fifty nor more than two hundred dollars,
or be imprisoned not less than twenty or more
than sixty days, in the discretion Of the Judge
trying the same.


Sec. 27. And be 1t enacted, That all moneys
arising from the sale of licenses, or from fines,
penalties and forfeitures imposed under this
Article shall, by the Comptroller, be paid into
the Treasury and placed to the credit OF the
Oyster Fund, and the Comptroller is hereby re-
quired to state in his annual report, particular
ly, the receipts and expenditures on account OF
said fund, and the balance standing to the credit


of the State at the time of making such report.


Sec. %. And be it enacted, That the owner


or owners of any land bordering on any OF the