LAWS OF MARYLAND.— 1831.

1027

and the legislature of Maryland by sundry laws passed for that
purpose, have sought to secure the advantages resulting from
that article of trade, which have fallen short of the object they
were designed to accomplish ; And whereas, the citizens of this,
and other states infesting said waters, have continued to take
and carry away oysters in violation of the laws upon that sub-
ject enacted ; and it is justly apprehended that oysters in the
waters of the state will be destroyed, not less by th« immense
number carried away, than by the destructive instrument used
in taking them ; And whereas, the navigation of many creeks
has been obstructed by the citizens of this and other states, by
means of the heaps of the refuse thrown into the waters of said
creeks in the process of picking the oysters for market, to the
great injury oif the good people of this state— therefore,

SEC. 1 . Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, it shall not be lawful
for any person or persons to catch, or take any oysters on the
eastern shore of the Chesapeake bay, or any of the waters tribu-
tary thereto on said shore of said bay or of any of the waters of
the eastern coast of this state, with any scoop or drag, or other
instrument except such tongs or rakes as are now in use for that

Unlawful
to catch
with drags,

&c.

purpose, under the penalty of one hundred dollars, to be re-
covered from each person for each offence.

Penalty.

SEC. 2. And be it enacted, That it shall not be lawful for
any person or persons who has or have not resided in this state
at least twelve months immediately previously thereto, to catch
or take any oyster in the said waters, under the penalty of one
hundred dollars, to be recovered from each person so offending;

Unlawful
for other
than citi-
zens to
catch.

Provided, that nothing in this act contained, shall be construed
to prevent the sale of oysters by any person or persons not pro-
hibited by this act, to any other person or persons whatsoever.

Proviso.

SEC. 3. And be it enacted, That if any person or persons of
any state shall in the manner mentioned in the preamble to this
law, do any act to obstruct the navigation of any of the creeks
or rivers on the eastern shore of the Chesapeake bay tributary
thereto, they shall be liable to, and incur the penalty that is im-
posed upon persons obstructing the highways of said state.

Penalty for
violating,
&c.

SEC. 4. And be it enacted, That it shall be the duty of any
justice of the peace of any county adjacent to said waters, upon
sight thereof, or upon information on oath, that any person oi
persons are violating the first or second sections of this act, to
issue his warrant to the sheriff, or a constable of the county in
which he resides, for the apprehension of such person or per-

Warrant
against.

sons; and if such person or persons upon apprehension, being
brought before the justice of the peace shall stand convict, such
person or persons shall incur the penalty prescribed for such
offence, and if in the lapse of five days thereafter, such penalty

Case of
conviction
and non-
payment.