Year: 1868


and delivery of the same according to the fol-
lowing rates, viz: For every boat or canoe
measuring in length twenty feet or less, the
sum of four dollars measuring from twenty to
twenty-five feet, the sum of six dollars; mea-
suring from twenty-five to thirty feet, the sum
| of eight dollars, and all over thirty feet in
length, including soops under Custom House
tonnage, the sum of ten dollars each.


Sec. 8. And be it enacted, That every appli-
cant for license to take or catch oysters with
rakes or tongs, shall be required to make oath
before the Clerk authorized to issue the same,
! or some Justice Of the Peace, upon whose GER
tiicate of the taking of such oath the Clerk
shall issue said license, that the facts set forth
in said license are strictly true; that he is a
bona fde resident of the county in which such
application is made, and that he will obey and
comply with all the provisions of the laws of
this State regulating the taking or catching of
oysters; and every person to whom such Ii
cense may be granted, shall be required to
paint the name or number of his canoe or other
boat on said boat, to correspond with said num-
ber, or name, in said license; and any person
neglecting or refusing to comply with this pro-
vision, shall, ON conviction thereof before a
Justice of the Peace, pay fine of not less than
five dollars, nor more than ten dollars, one-half
to be paid to the informer, and the residue to
the Comptroller of eGTreasury.


| Sec. 10. And be 1t enacted, That the Comp
troller of the Treasury shall cause to be print
ed and delivered to the Clerks of the Circuit
Courts for the several countless and the Clerk
of the Court of Common Pleas of Baltimore
| city, the requisite number of such blank Hcen-
ses, and take receipts for the same as for other
licenses furnished, and the said Clerks shall, on
the first Monday in March, June, September
and December in each year, return to the said
| Comptroller list and account Of such licenses
issued by them.


! Sec. IL. And be 1t enacted, That if any person
shall take or catch oysters with rakes or tongs
in any waters of this State without having first
obtained license as required by the preceding
sections of this law, except oysters taken for
private use, he SHALL upon conviction thereof
before any Justice of the Peace for the county
where the offense may be committed, be fined
not less than twenty nor more than one hum
dred dollars, or forfeit the canoe or boat so
used or employed, in the discretion of the JUS
tice before whom the same may be tried one
half OF said fine to be paid to the informer, and
the residue to the Comptroller of the Treasury.


Sec. IL. And be 1t enacted, That all owners
and masters of canoes, boats or vessels licensed
under this Article, being white men, are hereby
constituted officers of this State for the purpose
of arresting and taking before any Judge of
any Circuit Court or Justice of the Peace, who
shall have jurisdiction therein, any person or





of the provisions of this Article, and of seizing
any canoe, boat or vessel engaged therein; and
all such owners or masters are hereby vested
with. .n0Wer to, summon the -Ddsse c0nauatus to
aid in making such arrest and seizure as FUZZY
as are Constables and Sheriffs of the several
counties and the city of Baltimore.


Sec. ID. Andbe 1t enacted, That upon informa-
ton given upon oath to any Justice of the Peace
having jurisdiction, of any violation of any of
the provisions of this Article, the said Justice
of the Peace shall issue his warrant for the ar
rest of the offender or offenders and the seizure
of the canoe, boat or vessel, together with the
tackle and furniture on board, which warrant
shall be directed to the Sheriff or any Consta-
BILE Of the county, or to the owner or master of
any canoe, boat or vessel licensed under this
Article.


Sec. H. And be it enacted That if any per-
son or persons on board any canoe, boat or YES
sci, engaged in violating any of the provisions
OF this Article, shall flee to avoid arrest, the Of
hcer endeavoring to make such arrest shall
seize such canoe, boat or vessel, and the same
proceeding shall thereupon be had as directed
in all cases of seizure under other sections of
this Article.


Sec. Is. And be it enacted, That any person
resisting an officer or other person authorized
to make arrest and seizure under this Article,
shall be guilty of misdemeanor; and upon in
dictment and conviction thereof in any court
of competent jurisdiction, shall pay fine of
not less than fifty nor more than five hundred
dollars, or be imprisoned in the county Jail,
where the offense may be tried, not less than
one month nor more than one year.


Sec. 16. And be it enacted, That it shall be
unlawful for any owner, master, employee or
other person to use or employ any boat or YES
sci licensed under this Article to take or catch
oysters with scoops, scrapes drag or dredge,
IN, t,Iyir
creek, cove, inlet, bay or sound within the linn
its of any county of this State, or on any oys-
ter bed, bar or rock, on Or about Talley' Point,
Sandy Point, Hacketts Point, Thomas Point,
the Three Sisters, Hollands Point Bar, Plum
Point and Parkers Greek on the western side
OF the Chesapeake Bay, and Swan Point on the
eastern side of said bay, and Eastern Bay, in
side of a line drawn from Kent Point to Poplar
Island, and any owner, master, employee or
other person so offending, shall upon convic-
ton thereof before any Justice of the Peace or
Judge OF any Circuit Court for any county be
subject to the same fines and penalties, and the
boat or vessel so used or employed, be liable to
seizure and forfeiture as provided in section six
OF this Article, but this section nor any in this
Article shall be construed as repeal of sections
ninety-four to one hundred and one inclusive
of Article nineteen of the Code of Public Local
Laws for Somerset county, relating to oysters.


Sec. II. And be it enacted, That all boats,
vessels or other property condemned under the
provisions of this Article shall be sold by the
Sheriff of the county where such boat, vessel
,,:r other property may be condemned at public
sale. afi,er giving twenty days notice of the time
and place of sub sale hy advertisement in one
or more newspapers published in the county
where such condemnation MAJ be made, but II
the articles condemned be perisna5le IN thelr
character, then the notice may be shorter than
twenty days at the discretion of the Justice
and by such other notice as he may deem expe-
dent, to the highest bidder therefor, for cash.
and the proceeds of such sale or sales after de-
Quoting all the necessary and legal expenses Of
seizure, condemnation or sale, shall be divided
as follows, to wit: one-fourth to the officer
making the seizure, one-half of the balance to
those aiding the officer to make such seizure,
and the residue shall be paid to the State Of
Maryland; provided, that if such seizure shall
be made by the officers and crew of the police
force of the State, hereinafter provided for, then
such portion as would accrue to them under
the provisions of this section shall be paid into
the Treasury of this State.


/ Sec. le. And be 1t enacted, That any party or
parties, against whom any Justice of the Peace
may render a Judgment under this Article, eth
er to pay fine or of condemnation of property,
may at any time within ten days from the rem
dition Of such Judgment, appeal from such judg-
ment to the Circuit Court for any county,