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260 CALVERT COUNTY. [ART. 5.
OYSTERS.
1870, c. 183 entitled an act to prevent the catching of oysters for sale in the waters
of Saint Leonard's creek, Island creek and Battle creek, in Calvert county, enacts
the following:
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1870, c. 188, s. 1.
Where unlaw-
ful to catch for
sale.
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86. It shall be unlawful for any person or persons to
catch oysters for sale in the waters of Saint Leonard's
creek, Island creek and Battle creek, in Calvert county,
except persons who have imbedded or planted, or who
may hereafter imbed or plant oysters in said waters.
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Ibid. s. 2.
Justice to issue
warrant for ar-
rest of offender.
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87. On information given under oath of any viola-
tion of this act, to any justice of the peace of Calvert
county, he shall forthwith issue his warrant directed to
the sheriff, or any constable or military officer, requir-
ing either of them to whom it may be directed, to sum-
mon the posse comitatus, if necessary, and proceed forth-
with to arrest the party or parties alleged to have been
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Seizure of
canoe, &c.
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engaged in violating this law, and to seize and take
possession of any canoe, boat or vessel, together with
all their tackle and apparel, and any article on said
boat at the time, belonging to said party or parties,
and used by them in violating the law.
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Ibid. s 3.
Justice to try
case.
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88. The sheriff, constable or military officer who has
made the arrest, shall forthwith bring the offender or
offenders before some justice of the peace of the county
for a hearing, and said justice of the peace shall either
give the case an immediate hearing, or at the instance
of the party shall appoint some early day, within the
next five days thereafter, to hear the case, the party
charged giving such good and sufficient bail as said
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On conviction
canoe. &c. for-
feited.
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justice shall require for his attendance; and on con-
viction of the offender or offenders the said justice shall
decree a forfeiture of the canoe, boat or vessel, together
with all the tackle and apparel, and order the same to
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Sale.
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be sold by the officer making the arrest, who shall sell
the same, on five days notice, to the highest bidder,
subject to an appeal to the circuit court for Calvert
county, and after the payment of all the expense attend-
ing the arrest and prosecution of the suit, he shall re-
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