Year: 1865

A BILL ENTITLED.


An act to repeal article seventy-one of the
code of Public General Laws entitled " Oys-
ters," regulating the taking and catching Of
oysters within the waters of this State, and to
re-enact the same with amendments thereto.


Section l. Be it enacted by the General
Assembly Of Maryland. That article seven
ty-one Of the code of Public General Laws
entitled Oysters, regulating the taking and
catching of oysters within the waters Of this
State, be and the same is hereby repealed and
the following enacted in lieu thereof.


THAT no person shall take or catch oys-
ters within the waters of this State for sale,
with a scoop, drag or dredge, rakes, tongs,
or any other instrument whatever. without
having first obtained license as hereinafter
provided.


2-That such license except such as may be
issued to toDgsmen shall be issued by the
Comptroller of the Treasury, and shall specify
the name of the vessel to be used in taking
and catching oysters; the name of owner and
master thereof; the county or city Of which
such owner and master are citizens the tom
mage of the vessel and the amount paid for
the license and shall authorize said vessel to
be used in taking and catching oysters with
scoop, drag, dredge and any other instru-
ment, from the first day of September of each
and every year to the first day of June fol-
lowing, within the waters of the Chesapeake
Bay, and not within any other bay, river.
creek, strait, or sound, and not on any oys-
ter bed or rock in or about Tally's Point,
Sandy Point, Hackett's Point, Thomas Point
the Three Sisters on the Western Side of the
Chesapeake Bay. not within the Chesapeake
Bay where the water is less than fifteen feet
deep-provided.


3-That no license shall be issued TO any
person other than resident Of this State, and
the applicant for such license shall first make
oath before the Comptroller of the Treasury
that he is bonafde owner or master of the
vessel to be described ih the license for which
he is an applicant, that he has been a resi-
dent of this State at least twelve months i'm
mediately preceding the day on which he ap-
plies for such license, and that he will we'll
and faithfully obey and comply with all the
provisions of tie laws of this State regulating
the taking and catching Of oysters. and that
he viii Il G best of his ability aid in the en-
forcement of such laws, and shall also pro-
duce before the Comptroller the enrolment
or license of such vessel under such rules and
regulations as the Comptroller may have pre-
viously prescribed.


4-T6at the applicant, before obtaining
such license, shall pay therefor at the rate of
five dollars per ton for every ton said vessel
may measure according to its Custom House
enrolment or license; and it shall be the duty
of every such applicant to have said license
framed and so set or placed upon the quarter
deck or binnacle of said licensed vessel, so as
to be exposed to the full gaze or view of every
person who may board said vessel; Prorided,
that no steamboat steam vessel or steam ma
chinery shall be used for the purpose of TAX
ing or catching oysters with scoop, dredge,
Greg or any other instrument whatever; every
vessel engaged in carrying oysters or used or
employed in the oyster trade in the Chesa-
peake Bay shall take out the license required
by law, and be subject to all the provisions of
the several sections of this article.


5.-That any person violating any Of the
provisions of the preceding sections shall pay
fine of not less than fifty or more than five
hundred dollars. or forfeit the boat or vessel
in possession of the party so offending. to-
gether with his papers, furniture, tackle and
apparel, and all things on board of her at the
time of her seizure, or both pay such fne and
forfeit such vessel and other property. in the
discretion of the Justice of the Peace or Judge
of the Circuit Court before whom such case
is tried


6-That the Comptroller Of the Treasury
shall cause to be printed and delivered to the
clerks of the several Circuit Courts and of the
Court of Common Pleas of Baltimore city the
requisite number of such blank licenses, and
take receipt for the same as for other licenses
granted, and the clerks of the several coun-
ties and the clerk of the Court of Common
Pleas of Baltimore city shall, on or before
the FIRST Monday in June and December in
each year, return to the Comptroller of the
Treasury list aud account of the licenses is
sued by them.


THAT the clerks of the Circuit Courts
for the counties and the clerks of the Court of
Common Pleas in the city of Baltimore shall
issue license to take or catch oysters with
rakes or tongs, which license shall state the
name and residence of the person to whom
the same is granted. and said license shall be
numbered by the clerks granting the same,
any person obtaining said license shall be au-
! thorized to take and catch oysters with rakes
or tongs from the first day of June in each
and every year to the first day Of June fol-
lowing in any of the waters of this State in
which he may be entitled to take or catch oys-
ters bedding in the waters Of the State


8-That all persons taking out license to
take or catch oysters within the waters Of
this State, with rakes or tongs, shall number
their canoe or other boat with the number Of
said license any person obtaining such license
refusing or neglecting to comply with this
provision, shall, on convictions before JUS
tice Of the Peace, pay fine Of not less than
Eve, nor more than twenty dollars, one hall
to the informer. the residue to be paid to the
Comptroller of the Treasury.


9-That the applicant for such license shall
first make oath, before the clerk authorized te
grant said license, that he will obey and com.
ply with all the provisions Of the laws of tLi'
State regulating the taking and catching o
oysters, and that he will, to the best of BIZ
ability, aid in the enforcement of said laws.


.10-Thst if any persons shall take oysters
within any of the waters of this State, with
rakes or tongs. who has not taken out th'
license required by the preceding sections, b
shall pay ine Of not less than twenty, mol
more than one hundred dollars, in the discre
ton Of the Justice Of the Peace before whom
| the ssmA ms . he triad one half nf anid fin,