ART. 13. ] OYSTERS.

or master so applying, for which certificate the said clerk shall be
entitled to receive a fee of fifty cents in each case.

147

4. Before granting such license, the comptroller shall receive for
it, from the applicant, at the rate of three dollars per ton for every

1874, c 181, s 4
Fee

ton the boat may measure; the license shall be exhibited whenever
called for by any officer of the State of Maryland.

License to be
shown

5. Any person who shall violate any of the provisions of the pre-
ceding sections, shall be deemed guilty of a misdemeanor, and on
conviction thereof, in any court in this State having criminal juris-
diction, shall be sentenced to the jail of the county where the case is
tried, for a term not exceeding six months, or fine not exceeding
two hundred dollars, or both in the discretion of the court; Pro-
vided, however, that nothing in this or the preceding sections shall
be construed to apply to the sailors or crew on a vessel licensed as
aforesaid; provided further, that if the captain or commander of the
boat shall not be on board at the time of violating the law, the
person having charge of the boat shall be held to answer the charge;
and provided further, that nothing in this section shall be construed
to apply to cases now pending, for the violation of the oyster laws.

1876, c 380
Punishment for
violation.

6. Upon information given on oath to any judge or justice of the
peace, of any violation of any of the provisions of this article, he
shall issue his warrant for the arrest of the offender or offenders,

1874, c 181, s c
Warrant for
arrest.

which warrant shall be directed to the sheriff or any constable of the
county wherein the said warrant is issued, or to any commander or
deputy commander of the State Fishery Force.

To whom
directed

7. any person who shall resist any officer, authorized under this
act to make arrests, shall be deemed guilty of a misdemeanor, and
upon indictment and conviction thereof in any court having juris-
diction, shall be imprisoned in the jail of the county where the case

Id s 7
Resistance of
officers

is tried, or in the Penitentiary not more than two years, or fined not
less than fifty nor more than five hundred dollars, in the discretion
of the court; the parties tried and acquitted under this article shall
have the cost of such trial paid by the comptroller of the State out
of the fund created by this article.

Punishment.

8. It shall be the duty of the sheriff, constable, or officers of the
State Fishery Force, to arrest any person found violating the pro-
visions of this article, and bring the offender before a judge of the
Court having criminal jurisdiction, or a justice of the peace most
convenient or accessible, to be dealt with as herein provided.

Id s 8
Sheriff, etc, to
arrest offenders

9. The judge or justice of the peace before whom any person may
be brought, charged under oath with violating any of the provisions
of this article, shall cause the party to enter into recognizance with
two sureties, approved by said judge or justice of the peace, in a
sum not less than five hundred dollars, for his or their appearance

Id s 9
Recognizance to
be taken by
justice

at the first term of the Circuit Court thereafter, and in default
thereof, may commit the said party to jail.

Commitment

10. The fines accruing under this article shall be paid by the
sheriff, constable, or officer of the State Fishery Force, collecting

Id s 10
To whom fines
paid