ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

395

CHAPTER 353.

AN ACT to prohibit the catching or taking oysters with scoop,

scrape, drag, dredge or any similar instrument in certain waters

of Tangier sound, in Somerset county.

SECTION 1. Be it enacted by the General Assembly of Maryland,

That it shall not be lawful for any person or persons to employ

any boat or vessel in catching or taking oysters with scoop or
scrape, drag or dredge, or any similar instrument in the waters of

Unlawful.

Tangier sound, in Somerset county, above or eastward of a straight

line drawn from the dwelling-house of Thomas Tigner, near

Hayne's point, to Clay island light-house; but nothing herein

contained shall be construed to prohibit the catching of crabs.

SEC. 2. And be it enacted, That any person or persons violating

any of the provisions of this act shall be fined in a sum not less

than seventy-five dollars nor more than one hundred and fifty

Fine.

dollars for each and every offense, and shall stand committed to

the county jail until such fine and costs shall be fully paid and

satisfied.

SEC. 3. And be it enacted, That on information under oath of

any violation of the provisions of this act to any justice of the

peace for Somerset county, the said justices shall forthwith issue

his warrant to the sheriff or any constable of said county, requir-

ing the officer to whom the said writ shall be directed to summon

a posse comitatus if necessary, and proceed at once to arrest the

party or parties alleged to have been engaged in violating any of

Posse com-
itatus.

the provisions of this act, and forthwith bring the offender or

offenders before some justice of the peace for Somerset county for

a hearing, and if the party or parties accused or the State's attorney
shall not claim a ]"ury trial, it shall be the duty of the said justice

of the peace to give the case an immediate hearing, or at the

instance of the party or parties charged with a violation of this

act, shall appoint some early day within the next seven days there-

after to hear the case, the party or parties charged, giving such

good and sufficient bail as said justice shall require for his or

their appearance at the trial, and on conviction of the offender or

offenders the said Justice shall fine snch person or persons in a

sum not less than seventy-five dollars nor more than one hundred

and fifty dollars and costs in each and every case, and shall have

power to commit to the jail of said county such offender or offenders
so convicted until such fine or fines so imposed and cost shall be

fully paid and satisfied, subject to an appeal in all cases to the

circuit court for Somerset county, from any judgment or convic-

tion which may be rendered by said justice of the peace.

SEC. 4. And be it enacted, That it shall be the duty of the

sheriff, constable and officers of the State fishery force, to arrest

Arrest.

any person or persons found violating any of the provisions of