690

LAWS OF MARYLAND.

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 act, and of seizing any canoe, boat or vessel

engaged therein ; and all such owners and masters

are hereby vested with power to summon the posse

comitatus to aid in making such arrest and seizure.

SEC. 12. Be it enacted. That if any canoe or canoes,

boat or boats, vessel or vessels, shall be used by

Duty of offi-

any person or persons within the limits of Wicomico

cer to pursue.

county, in the same manner or way in which they

are used to take oysters with scoop, scrape, drag,

dredge, or similar instrument, it shall be the duty

of any officer, created by this act, to pursue such

canoe or canoes, boat or boats, vessel or vessels, and

if the said canoe or canoes, boat or boats, vessel or

vessels, shall be found to have on board any scrapes,

cranks, dredges, or any similar instruments, or any

other equipments necessary to take oysters with

scoop, scrape, dredge, or similar instrument, it shall

be the duty of the said officer to seize the said canoe

or canoes, boat or boats, vessel or vessels, and to ar-

rest the person or persons found on board and bring

them before some justice of the peace in said county,

to be dealt with according to the provisions of this

act ; and the necessary appurtenances being on board

of said canoe or canoes, boat or boats, vebsel or ves-

sels, to take oysters with scoop, drag, dredge, or sim-

Evidence of

ilar instrument, shall be sufficient evidence that the

violating.

said canoe or canoes, boat or boats, vessel or vessels,

have been used in violating the provisions of this

act.

SEC. 13. And be it enacted, That chapter two hun-

Inconsistent
acts repealed.

dred and forty-one, passed at the January session of
the General Assembly, in the year eighteen hundred
and seventy-two, entitled "An act to protect oysters

within the waters of Wicomico county," and all

other acts and parts of acts inconsistent with the pro-

Effective.

visions of this act be and the same are hereby re-

pealed, and that this act shall take effect from the

date of its passage.

Approved April 10, 1880.