ART. 71.] OYSTERS.

155

10. If any person shall take or catch oysters with
rakes or tongs in any waters of this state without hav-
ing first obtained license as required by the preceding
sections of this law, except oysters taken for private
use, he shall, upon conviction thereof before any jus-
tice of the peace for the county where the offence may

Ibid s 11
Taking oysters
without license.

be committed, be fined not less than twenty nor more
than one hundred dollars, or forfeit the canoe or boat
so used or employed, in the discretion of the justice
before whom the same may be tried, one-half of said
fine to be paid to the informer, and the residue to the
comptroller of the treasury.

Penalty.

11. All owners and masters of canoes, boats or ves-
sels licensed under this article, being white men, are
hereby constituted officers of this state for the purpose
of arresting and taking before any judge of any circuit
court or justice of the peace, who shall have jurisdiction
therein, any person or persons who may be engaged in
violating any of the provisions of this article, and of
seizing any canoe, boat or vessel engaged therein; and
all such owners or masters are hereby vested with
power to summon the posse comitatus to aid in mak-
ing such arrest and seizure as fully as are constables
and sheriffs of the several counties and the city of
Baltimore.

Ibid s. 12.
Who may

arrest.

12. Upon information given upon oath to any jus-
tice of the peace having jurisdiction, of any violation
of any of the provisions of this article, the said justice
of the peace shall issue his warrant for the arrest oi
the offender or offenders, and the seizure of the canoe,
boat or vessel, together with the tackle and furni-
ture on board, which warrant shall be directed to
the sheriff or any constable of the county, or the owner
or master of any canoe, boat or vessel licensed under
this article.

Ibid, s. 13.
Warrant for
arrest.

13. If any person or persons on board any canoe,
boat or vessel, engaged in violating any of the pro-
visions of this article, shall flee to avoid arrest, the

Ibid. s. 14.
Avoiding
arrest.

officer endeavoring to make such arrest, shall seize
such canoe, boat, or vessel, and the same proceeding

! Seizure of
canoe, &c.