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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1565   View pdf image (33K)
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ART. 72] DREDGING. 1565

between the first day of November and the fifteenth day of March on
which day the dredging season shall end; provided, however, that in
the waters of the Potomac river the beginning of the dredging season
shall be on the fifteenth day of October, but it shall be lawful for the
owner of any such licensed boat whenever said owner shall sell and
convey by bill of sale for a bona fide consideration such boat to any
person who has been a resident of the State of Maryland for at least one
year to transfer said license to said purchaser with said boat, which
license when transferred shall entitle said purchaser to the same priv-
ileges of catching and taking oysters with said boat in the waters of this
State that the original owner had before such assignment; provided,
said seller and buyer appear before the comptroller of the treasury and
make oath before him to all facts, matters and things required of said
original owner of such boat before taking out such license, upon which
said license said comptroller shall certify in writing that the said pur-
chaser has taken said oath, for which said certificate the said purchaser
shall pay to the comptroller the sum of five dollars for the use of the
oyster fund; the provisions of this section in relation to the time of tak-
ing oysters, the time of expiration of license and the transfer of owner-
ship shall apply to all vessels licensed by any county in this State to
take and catch oysters with dredge, scrape or scoop.

This section referred to as Indicating that section 9 applies only to oys-
ters taken from the waters of this state. Tyler v. State. 93 Md. 310.
Cited but not construed in Givens v. State, 76 Md. 485.

1904, art. 72, sec. 21. 1894, ch. 380, sec. 20.

22. It shall not be lawful for the owner or master or any person
on board of a vessel in this State to affix any crank, spool, winder or
other machinery or equipment for operating or handling scoops or
dredges or to have on board any vessel a scoop, scrape or dredge, with
intent to affix the same to said vessel for use in taking or catching
oysters, without having first obtained a license to take or catch oysters
with a scoop or dTedge as aforesaid, and the fact of having such scoop,
dredge or scrape on board of any vessel shall be prima facie evidence
of an intent to use the same contrary to this section.

The section of the act of 1886, ch. 296, providing that having dredging
Instruments on board should be prima fade evidence of an Intention to use
the vessel contrary to law, held to be constitutional and valid. Dize v
Lloyd, 36 Fed. 652.

Ibid. sec. 22. 1894, ch. 380, sec. 21. 1896, ch. 418.

23. The owner of such boat shall make oath before the comptroller
or his clerk, or if the owner be a resident of Baltimore city he may
make oath before the clerk of the court of common pleas, or if a resi-
dent of county he may make oath before the clerk of the circuit court
for said county, at the same time exhibiting his custom-house license to
said officer before whom he makes the oath that he is the bona fide
owner of such boat described in the license; that he has been a resident
of the State for the time hereinbefore prescribed; that there is no lien

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1565   View pdf image (33K)
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