Year: 1865

sum OF nve dollars Tor every canoe or other
boat to be used in taking or catching oysters
with rakes or tongs


12-That the master and every and all the
white hands employed on board of every vessel
licensed under this article are constituted
officers Of this State, for the purpose of arrest
ing and conveying before some Circuit Court
or Justice of the Peace, who shall have juris-
diction therein, any person engaged in viola
ting any of the provisions of this act, and of
seizing any vessel engaged therein as fully
and to all intents and purposes as if the arrest
had been made by the sheriff or Constable of
any county or the city of Baltimore.


13.-That any sheriff Or other officer here
inbefore specified may summons the posse
comitatus to aid him in making any arrest or
seizure authorized by this article.


14.-.That ifthe person or persons on board
any canoe, boat or other vessel, shall fly to
avoid any arrest, the officer endeavoring to
make such arrest shall seize such boat or YES
sci, and the same proceeding shall thcreupon
be had as directed in cases of seizure under
the other section of this article.


15.-That upon information given upon oath
to any Justice ofthe Peace having jurisdiction
fany violation Of ANY of the provisions of this
article the said Justice of the Peace shall issue
his warrant fer the arrest of the offender or Of
Tenders and the seizure of the vessel, canoe or
other boat. together with the cargo and other
property thereon; which said warrant shall be
directed to the sheriff or any Constable of the
county, or to the master of any white man
employed on board ofany vessel, canoe or other
boat, licensed under this article.


16-That if any scoop, drag drcdge, or
other instruments wherewith oysters are
caught or taken other than tongs or rakes,
shall be found upon or attached to any ves-
sci not having license under the provisions
Of this article the same shall be prima facie
evidence that such vessel has been employed
in catching and taking oysters in violation of
this article.


17-That all vessels and other property
condemned under the provisions or this article
shall be sold by the Sheriff Of the county
where such vessel and other property may be
condemned. on ten days public notice at pub
lie ut sale, to the highest bidder for cash; and
the proceeds Of such sale. after dedncting all
the necessary expenses at ending the same,
shall be divided as follows; One-fourth part
thereof to the officer making the seizure; one
half to those aiding the officer in making the
arrest, and the residue to be paid to the State;
and all fines imposed under this article shall
be divided as herein provided for the division
of the proceeds of the property condemned
and sold under the provisions of this article.


18--That any person resisting an officer in
making any arrest or seizure or resisting any
any one authorized by this article to make
such arrest shall be guilty of misdemeanor,
and upon conviction thereof, shall pay fine
of not less than one undred dollars nor more
than one thousand dollars, or be imprisoned
in the county Jail not less than one month
nor more than one year.


19-That no person shall catch or takYoys-
ters within any creek, river, strait. bay or
sound within the limits of any county of this
State, with tongs, rakes, or any instrument
whatever unless the person SO catching or
taking the same shall be at the time thereof a
bona fdc resident Of the county in which such
creek, river, strait, bay, or sound lies, and in
case creek or river shall be division line
betwe en two or more counties, then no per-
son shall catch or take oysters therefrom, as
aforesaid, unless the person SO catching or
taking the same shall be at the time thereof a
bona foe resident of one of the counties so de-
vided; nor shall any person take or catch oys-
ters as aforesaid, in any of the waters of this
State not forming divisional line as aforesaid
in water not less than fifteen feet deep, un-
less the person SO taking or catching the same
shall be at the time thereof resident Of the
county bordering on such water.


2O.-That any person violating any of the
provisions of the preceding section, shall be
proceeded against in the same manner by the
.c a,ooortv opJ orraat of porcops oe
herein provided in case of violation of other
sections of this article and shall be liable to
the same forfeiture and penalties.


2l.-That any person against whom JUS
tice of the peace may render judgment un-
der this article. either to pay penalty or Of
condem nation of property may appeal from
such Judgment in the same manner as if the
Judgment were for common debt, but no ex-
ecution or sale shall be stayed unless the party
appealing shall give bond to the State of Mary.
land in double the value of the property con-
demned, or of the 6ne imposed, as the case
be, with security to be approved by the jus.
tice of the peace rendering the judgment OF
by the clerk of the court to which the appeal
NAV be taken, with conditions to prosecute
such appeal with effect and to pay the value
of the property condemned, and the amount o
the fine imposed and interest and all costs at
tending such proceedings in case such judg-
ment shall be confirmed.


22-That when any offence is committed
under any of the provisions of this article (ex.
cept under the nineteenth section) any justice
of the peace OF the circuit court as the case
may be- of the county to which the person Of
fen ling. or the vessel engaged in violating
such pro visions may be taken after being ar
rested or seized, shall have jurisdi ction O.
such offence when offence under the nineteentt
section Of this article shall be committed, i
the same be committed within the limits o.
any justice of the peace or the circuit court Of
such county, shall have jurisdiction of such
offence; or ifthe same be committed within
the waters of this State, but not within tht
limits Of any county. then any justice of The
peace or Circuit Court, Gas the case may be, J
Of any county lying opposite and most con-
venient Of access from the place where the
offence is committed shall have Jurisdiction
thereof, and all proceedings, whether before
Justice of the Peace or before the Circuit
Court, shall be in the name Of the State; and
if the party accused be acquitted the Comptro
Ter of the State shall pay the costs out of the
fund created by this article.


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