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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1584   View pdf image (33K)
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1584 OYSTERS. [ART. 72

each year; and it shall not be lawful for any person to have in posses-
sion any oysters in the waters of the Potomac river between the 25th
day of April and the 1st day of October of each year; every person
found guilty of violating the provisions of this section shall be fined not
less than two hundred and fifty dollars nor more than five hundred dol-
lars for each offense; and the vessel by which oysters are illegally taken
or which receives oysters so illegally taken, or which has oysters aboard
within the limits of said river within the time specified, shall be held
as security for the payment of the fine hereinbefore mentioned, and be
also subject to a- fine of not less than fifty dollars nor more than one
hundred and fifty dollars; and in the event of such fines not being paid
within a period of twenty days, then such vessel shall be forfeited and
sold; the surplus after payment of fines and costs to be paid to the
owner of the boat; one-half of fines to go to the informer and one-half
to the State.*

1904. art. 72. sec. 61. 1894, ch. 380, sec. 53.

63. It shall be lawful for citizens of the State of Maryland and Vir-
ginia to take oysters in the Potomac river after complying with the-
requirements of the law of the State of which they are citizens for the
taking of oysters from the waters of such State, and any citizen of
either State who takes oysters in the Potomac river without having com-
plied with the requirements of the law of his State as to the taking of
oysters in its own waters shall be considered guilty of violating the
laws of the State of which he is a citizen and shall be prosecuted accord-
ing to such laws.

Ibid. sec. 62. 1894, ch. 380, sec. 54. 1904, ch. 341.

64. All offenses committed against the provisions of sections 60, 62
and 63 by persons not citizens and residents as aforesaid of either State
may be punished by any of the justices of the peace or courts of either
State having criminal jurisdiction. All offenses committed by citizens of
either State shall be punished by such justice of the peace or court hav-
ing criminal jurisdiction where the trial of such offenses shall be most
convenient; the authorities of either State have the right to examine into
the right of any person taking oysters in the Potomac river, who shall
exhibit their authority for so doing whenever required by the police
or other legal authority of either State; the legal authorities of either
State shall have the right to arrest any offender against said sections
in the Potomac river and to pursue such offender beyond the boundary
line of either State upon navigable waters and arrest him whenever
found upon such waters; and in all cases of arrest the offender may
be tried before such justice of the peace or court having criminal juris-
diction which shall be convenient.

*As to taking oysters with patent tongs from the tributaries of the Potomac
river in St. Mary's county, see act of 1906, ch. 825.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1584   View pdf image (33K)
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