322

LAWS OF MARYLAND.

board any wet oysters on deck, and properly equip-

ped for taking or catching oysters with scoop, scrape,

drag or dredge, or similar instrument, it shall be

prima facie evidence that the said boat or vessel has

been used in violation of this act, and it shall be the

Officers must

duty of the officer to arrest the person in command

arrest.

of said boat or vessel, and seize the said boat or ves-

sel, together with all her equipments, and bring the
same before a judge or justice of the peace most ac-

cessible, to be dealt with according to law ; provided

that nothing in this act shall be construed to pro-

hibit vessels from seeking harbor in any waters of

this State.

SEC. 40. And be it enacted, That all oysters taken

Where culled

from any of the waters of this State shall be culled

upon their natural bed or bar. Any person or per-

sons violating the provisions of this section shall be

deemed guilty of a misdemeanor, and upon trial and

conviction before any judge or justice of the peace

Fine for vio-

of this State shall be fined not less than fifty nor

lation.

more than three hundred dollars, or sentenced to the

House of Correction for a term not less than three

months nor more than three years, or forfeit the

canoe or vessel used in said violation.

Right of ap-
peal.

SEC. 41. And be it enacted, That any person or
persons convicted under any of the provisions of this
act shall, in all cases, have the right of an appeal.

SEC. 42. And be it enacted, That nothing in this

How con-

act shall be construed so as to apply to Worcester

strued.

county.

SEC. 43. And be it enacted, That it shall be the

duty of the commander of the steamer to diligently

watch and guard, and to arrest all persons dredging,

Arrest for

tonging or scooping without license; and the com-

violation.

manders of the sailing vessel shall likewise guard

and arrest all persons for any violation of the law

in this respect, in their several districts; any viola-

tion of duty in this respect shall be deemed a suffi-

cient cause of removal.

How con-

SEC. 44. And be it enacted, That nothing con-

strued.

tained in this act shall be construed to effect any