LAWS OF MARYLAND.— 1837.

1263

CHAPTER 310.

A SUPPLEMENT to an ACT, entitled, an Act to prevent the destruction

of Oysters in the Waters of this State, passed December session, eigh-

teen hundred and thirty-three, chapter two hundred and fifty-four.

SEC. 1. Be it enacted, by the General Assembly of Maryland,

All officers

That from and after the passage of this act, the powers and

authorized.

authority granted in the law to which this is a supplement, to

the sheriff of the counties, shall be, and are hereby granted to

all constables, and all other officers, civil and military, to carry

into effect the provisions of that law, and of the several sections

herein after contained, and that the mode of proceeding under

this law, shall be such as is therein prescribed for the action of

the sheriff.

SEC. 2. And be if enacted, That from and after the passage

Taking

of this act, it shall not be lawful for any one to catch or take

oysters for-
bid, except

from, the creeks or rivers within the limits of any counties in

by inhabi-

this state, oysters with tongs, rakes or any instrument whatever,

tants of the
county, &c.

unless the party so catching or taking, shall be at the time

thereof, a resident of the county in which such creek or river

lies, and in those cases in which a creek or river shall be

the divisional line between two counties, the privilege of taking

oysters therefrom, shall belong to the residents of said counties

so divided, in common, and to none other.

SEC. 3. And be it enacted, That for every offence committed

Penalty for

against the provisions of this law, or the act to which this is a

violating
this act, |5.

supplement, the offender upon proof adduced before a justice of

the peace of the county within which the offence shall be com-

mitted, or if committed within the waters of a creek or river

diving* two counties, the justice of the peace of either thereof;

(*dividing)

and upon conviction of the same, shall be subject to a fine of not

less than five dollars or more than fifty dollars, to be levied upon

the body, goods and chattels of the offender, and the said justice

shall adjudge and condemn as forfeited, the boat or vessel, in

Forfeiture

possession of the party so offending, together with her papers,

of boat, &c.

furniture, tackle and apparel, and all things on board of her

at the time of her seizure, and shall sell the same, to the highest

bidder after ten days notice.

SEC. 4. And be it enacted, That from and after the passage

Oystering

of this act, it shall not be lawful for any person or persons, other

within 500

than residents of the counties bordering on the same, to take,

yards of the
shore forbid

carry away or otherwise destroy, any oysters within five hun-

dred yards of the shore, in any of the waters of this state, and

that for every offence agianst this provision, the same penalties

shall be attached, imposed and executed, as are prescribed in

the aforegoing sections.