1833.

LAWS OF MARYLAND.

CHAP. 254.	CHAPTER 254.
Passed Mar. 14,1834	An act to prevent the destruction of Oysters in the waters of this State.

Preamble	WHERKAS, the destruction of Oysters in the waters of this state, is seriously apprehended, from the destructive instruments used in taking them; — Therefore,
Scoops or drag prohibited	SECTION I, Be it enacted by the General Assembly of Maryland, That it shall be unlawful, to take, or catch oys- ters in any of the waters of this state, with a scoop or drag, or any other instrument than such tongs and rakes, as are now in use, and authorised by law, and all persons whatever are hereby forbid the use of such instruments, in taking or catching oysters in the waters of this state, on
Forfeit of boat or vessel	pain of forfeiting to the state, the boat or vessel employed for the purpose, together with her papers, furniture, tackle and apparel, and all things on board the same.
Sheriff's duty	Sec. 2. And be it enacted, That the sheriffs of the coun- ties bordering on the said wuters, are hereby charged with the execution of this law; and if any of the said sheriffs,
On information	shall be at any time hereafter credibly informed of the vio- lation of the same, or upon his own view, it shall appear to him, that any person or persons, are or have been en- gaged in using a scoop or drag, or other instrument here- by prohibited, in taking or catching oysters, in the waters of this state, it shall be his duty to seize and take into his
Seize the boat	possession, the boat or vessel thus unlawfully employed, together with her papers, furniture, tackel and apparel, and all things on board the same, and to arrest and take
Arrest boatmen	into his custody, all the boatmen belonging to the said boat or vessel, and carry them before a justice of the peace
Have before justice	of his county, representing to the justice, the breach of law committed, and naming to him the witnesses to sup- port the charge; and the said justice shall be, and he is hereby authorised to take cognizance of the offence then
Trial directed	charged, and shall docket the case in the name of the state, 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 nam- ed to him by the boatmen, and shall examine the said wit- nesses on oath, with the said sheriff if necessary, and en- quire fully into the alleged offence, of which finding a seoop or drag, or other prohibited instrument, on board