1831.

LAWS OF MARYLAND.

CHAP. 249.

concerned, and the legislature of Maryland by sundry laws

passed for that purpose, have sought to secure the advan-

tages 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 subject enacted; and it is

justly apprehended that oysters in the waters of the state

will be destroyed, not less by the 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 of the good people of this state — There-

fore,

Unlawful to rttch
with drags &c.

Section 1 . Be it enacted by the General Assembly of Ma-
ryland, 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 tributary 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 purpose, under the

Penalty.

penalty of one hundred dollars, to be recovered from each

person for each offence.

Unlawful for other
than citizens to
catch.

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

penally of one hundred dollars, to be recovered from each

Proviso.

person so offending; Provided, that nothing in this act con-

tained, shall be construed to prevent the sale of oysters by

any person or persons not prohibited by this act, to any other

person or persons whatsoever.

Penalty for vio-
lating &c.

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 Chesapeak

bay tributary thereto, they shall be liable to, and incur the.

penalty that is imposed upon persons obstructing the high-

ways of said state.

Warrant against

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 or persons are violating the first or second sections

of this act, to issue his warrant to the sheriff, or a constable