54

LAWS OF MARYLAND.

such application the Custom House enrollment or

license of such boat, and if such boat is under Cus-

tom House tonnage shall swear to her tonnage.

SEC. 4. And be it enacted, That before granting

such license the Comptroller shall receive for it from

such applicant the sum of three dollars per ton for

License to be

every ton the boat may measure ; said license shall

exhibited.

be exhibited whenever called for by any officer of the

State Fishery force or any person having a right

under the provisions of this act to make arrests and

seizures for violating any of its provisions.

SEC. 5. And be it enacted, That no person or boat

licensed under the provisions of this act shall take

or catch, or be used in taking or catching oysters

with scoop, dredge, drag or similar implement, in

any waters of the Potomac River of less than twelve

Depth of wa-

feet in depth, nor in any of the waters of said

ters.

river between the Maryland shore and straight lines

as follows: From the most eastern point of the

headland known as Posey's Bluff, to a buoy near the

southern or south-eastern point or prong of Herron

Island Bar, thence to Blackistone's Island Light

House, thence to a buoy near the end of Cobb

Point Bar.

SEC. 6. And be it enacted, That if any person or

persons having been licensed under this act to catch

oysters with scoop, dredge, drag or similar implement,

Liable to ar-

in the waters of the Potomac River, shall violate the

rest.

provisions of the preceding sections, such person or

persons shall be liable to arrest, and the boats, vessels

and equipments used shall be seized, and upon proof

of such violation before a justice of the peace or a

judge of the circuit court for the county nearest

the place of such violation, on arrest and seizure

shall be fined not less than fifty dollars nor more

than three hundred dollars; and said fines and

all costs of prosecution shall be a lien on the boats,

vessels and equipments, which, if said fine and costs

of prosecution be not paid within ten days after

To be sold at

judgment, or appeal be not taken as hereinafter pro-

public sale.

vided, shall be sold at public sale to the highest

bidder for cash, under such orders and notice as the

judge or justice aforesaid may prescribe : if said ar-