ARTICLE 72.
OYSTERS.
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Tonging.
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19. Penalty for violating sec. 18.
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1. Tonging license; limit of such license;
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20. Catching oysters on Sunday or at
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provisos.
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night, unlawful; penalty.
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2. What such license shall state ; disposi-
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21. Disposition of fines under provisions
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tion of license fees.
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of this article.
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3. Applicants for license shall make oath ; .
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what oath shall set forth.
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Dredging.
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4. Comptroller to furnish blank licenses;
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clerk to account for licenses issued
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22. Using steamer or power boat in catch-
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and return unused licenses. Fees to
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ing oysters, unlawful; penalty. Li-
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be placed to credit of oyster fund.
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cense.
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When licenses shall expire.
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23. Unlawful to use scoop, dredge, scrape,
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5. Catching oysters without license ; pen-
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etc., in taking oysters; penalty.
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alty.
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24. Dredging license; exempted waters;
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6. Provisions for Anne Arundel, Dor-
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penalty.
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chester, Kent, Queen Anne's and
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25. Dredging on unlicensed vessels, un-
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Talbot Counties.
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lawful. Scoop or dredge on board
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7. Provision for Patuxent River.
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such vessel shall be prima jacie evi-
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dence.
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Culling.
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26. Oath of owner of boat; penalty for
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8. Culling oysters; shells.
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violating this provision.
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9. Provision as to unmerchantable
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27. Boat license; license to be kept on
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oysters ; penalty.
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boat; inspection and correction
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10. Possessing unculled oysters; penalty.
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thereof; disposition of fees.
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11. Penalty for violating Secs. 8 and 9;
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28. Penalty for violating Secs. 22 and 25.
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unmerchantable oysters to be re-
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29. Arrest of offenders.
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turned to natural bars.
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30. What firearms may be allowed on ves-
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12-13. Laws as to culling and size apply
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sels. Penalty for violation.
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to oysters brought into state.
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31. Sheriffs and constables to arrest any
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14. Vessel to be kept at wharf until the
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person violating these provisions and
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cargo inspected. Form of certificate
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seize boat.
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to be given by inspector. Penalty
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32. When vessel shall be forfeited. Sale
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for violating this provision.
15. Evading laws; penalty.
16. Measurers and inspectors to enforce
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of vessel. Application of proceeds
of sale; proviso. Right of appeal.
Persons having lien may file peti-
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this article.
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tion.
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17. Refusing inspection; penalty.
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33. Sale of boats of non-residents; proviso.
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Time for Taking Oysters.
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Oyster Fund.
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18. Time within which it shall not be law-
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ful to catch oysters; proviso.
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34. What moneys credited to fund.
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Act. of 1833, ch. 254, prohibiting taking or catching oysters in any of waters of the
state with a scoop or drag, etc., and providing as a penalty for forfeiture to state of boat
or vessel so employed, held not to be in conflict with federal Constitution, although
applied to a vessel owned by a non-resident and licensed under laws of United States.
Smith v. Maryland, 18 How. 71. And for a case upholding act of 1880, ch. 198, see The
Ann. 8 Fed. 924. Cf. Booth v. Lloyd, 33 Fed. 597, and Ex Parte Insley, 33 Fed. 682 (de-
claring the act of 1884, ch. 518, invalid).
As to regulations relative to crabs, see art. 39, sec. 104, et seq.