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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2301   View pdf image (33K)
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OYSTERS. 2301

An. Code, sec. 122. 1910, ch. 424, sec. 120 (p. 216).

146. In any indictment for a violation of sections 132 and 133 of this
article, or of any other section thereof whereby it may become necessary
to describe the location of the particular oyster lot, it shall not be necessary
to set forth all the procedure required by law to locate said lot. It shall
be sufficient to use a formula substantially to the following effect:

" That A. B., on the ———— day of ————, nineteen hundred and
————, at the county and State aforesaid, being then and there a citizen
of ———— county and State of Maryland, did lease, locate and appropri-
ate a certain oyster lot in the waters of the ————, in the county and
State aforesaid, for the purpose of planting and cultivating oysters
thereon; that said oyster lot was leased, located and appropriated in due
form of law, as provided by' chapter 711 of the acts of 1906, a plat and
written description of which is duly recorded among the oyster lot records
of the board of shell fish commissioners of the State of Maryland, and
the said lessee has complied with all the conditions and terms of the said
lease, as well as the said chapter 711 of the acts of 1906, and the board of
shell fish commissioners of Maryland authorizing the same, and has
planted oysters and shells within the lines of the said oyster lot located
and appropriated as aforesaid: That afterward, to wit, on the ————
day of ————, in the year 19———, in the county and State aforesaid, a
certain C. D. from the said oyster lot, located, appropriated and leased
as aforesaid by and to the said A. B., then and there, wilfully and without
authority from the said A. B., owner and lessee as aforesaid, did take and
remove oysters from the oyster lot aforesaid (or did interfere with or
injure the oysters thereon, or interfere with the stakes, etc., marking the
said lot, or have overboard any dredge, scrape, pair of tongs or other imple-
ment for taking of oysters, as the case may be), knowing them to be
planted and bedded oysters.

An. Code, sec. 123. 1910, ch. 424, sec. 121 (p. 216).

147. At any trial on such an indictment, or for any offense under or
in violation of this sub-title, whereby it may become necessary to prove
the board of shell fish commissioners present with their records, nor shall
it be necessary to have the surveyor present, but the said location may
be proven either by the original or a certified copy of the lease thereof,
and any plat of the said location made or certified to by the said board of
shell fish commissioners shall also be evidence of the said location of the
said oyster lot.

An. Code, sec. 124. 1910, ch. 735, sec. 120 (p. 213).

148. It shall be the duty of the board of shell fish commissioners to
take such measures as in their judgment shall seem best calculated to
increase the productivity of the natural oyster beds or bars of the State,
and the expense of so doing shall be paid out of the natural oyster bed

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2301   View pdf image (33K)
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