LAWS OF MARYLAND.— 1833.

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CHAPTER 254.

AN ACT to prevent the Destruction of Oysters in the Waters of this State.
Supplements, 1834, ch. 311; 1835, ch. 216, 260, 337; 1836, ch. 186;
1837, ch. 310; 1838, ch. 35.

WHEREAS, the destruction of oysters in the waters of this
state, is seriously apprehended, from the destructive instruments
used in taking them ; therefore,

Preamble.

SEC. 1 . Be it enacted, by the General Assembly of Maryland,
That it shall be unlawful, to take, or catch oysters in any of the
waters of this state, with a scoop or drag, or any other instru-
ment than such tongs and rakes, as are now in use, and autho-
rized by law, and all persons whatever are hereby forbid the
use of such instruments, in taking or catching oysters in the

Scoops or
drag pro-
hibited.

waters of this state, on pain of forfeiting to the state, the boat or
vessel employed for the purpose, together with her papers, furni-
ture, tackle and apparel, and all things on board the same.

Forfeit of
boat or
vessel.

SEC. 2. And be it enacted, That the sheriffs of the counties
bordering on the said waters, are hereby charged with the exe-
cution of this law ; and if any of the said sheriffs, shall be at

Sheriff's
duty.

any time hereafter credibly informed of the violation of the same,
or upon his own view, it shall appear to him, that any person
or persons, are or have been engaged in using a scoop or drag,
or other instrument hereby prohibited, in taking or catching

On infor-
mation.

oysters, in the waters of this state, it shall be his duty to seize
and take into his possession, the boat or vessel thus unlawfully
employed, together with her papers, furniture, tackle and ap-

Seize the
boat.

parel, and all things on board the same, and to arrest and take
into his custody, all the boatmen belonging to the said boat or
vessel, and carry them before a justice of the peace of his county,
representing to the justice, the breach of law committed, and
naming to him the witnesses to support the charge ; and the
said justice shall be, and he is hereby authorized to take cogni-

Arrest
boatmen.
Have before
justice.

zance of the offence then charged, and shall docket the case in
the name of the slate, against the boatman in the custody of the
sheriff, and shall immediately summon before him, the witnesses
named by the sheriff, and all witnesses that may be named to
him by the boatmen, and shall examine the said witnesses on
oath, with the said sheriff if necessary, and inquire fully into
the alleged offence, of which finding a scoop or drag, or other
prohibited instrument, on board such boat or vessel, shall be
considered prima facia evidence of guilt, and after a full investi-

Trial di-
rected.

gation of the case, if the justice shall think the charge ground-
less, he shall immediately discharge the said boatmen, and re-
store to them the boat or vessel seized by the sheriff, and all
things belonging to her, but if he shall be of opinion, that

If innocent*

oysters have been taken and caught in contravention to this act,
he shall impose fines not exceeding five dollars on each of the

If guilty.
Fine $5 00