772

LAWS OF MARYLAND.

visions of this section, the matter in dispute may be referred to a

third person selected by the vendor and purchaser jointly, and

the decision of said referee shall be made in writing over his

signature, a copy whereof shall be delivered to the vendor and

purchaser and shall be final, and it shall be unlawful for any

person to have in his possession for sale, any cargo or a portion

of a cargo of oysters wherein empty shells and small oysters of

less length than two and one-half inches shall amount to more

than five per cent, of said cargo, and any person violating the pro-
visions of this section shall upon conviction thereof before any

tribunal of competent jurisdiction, be fined in a sum not less than

one hundred nor more than five hundred dollars, or be sentenced

to jail or the house of correction for a term of not less than three

mouths nor more than one year.

SEC. 21. It shall be unlawful for any person or persons to take

or catch oysters or have oysters in his or their possession between

the twentieth day of April and the first day of September in each

Shall not
catch, &c

and every year; provided, that oysters caught before the twentieth
day of April may be disposed of at any time before the thirtieth

day of April; provided, this section shall not prevent transporta-

tion companies from carrying oysters brought from other States,

nor hotel and restaurant keepers, or private persons from pur-

chasing oysters outside of the State of Maryland, nor shall it be

construed to prevent any person from taking oysters for private

use and not for sale, or for the purposes of planting and culti-

vating from his private beds anywhere within this State at any

Proviso.

time; any person violating the provisions of this section shall be

deemed guilty of a misdemeanor, and on conviction by the circuit

court or a justice of the peace of the county wherein the offense

was committed, shall be fined not less than fifty nor more than

three hundred dollars, or imprisoned in the house of correction

for not less than three months nor more than three years, in the

discretion of the judge or justice trying the same.

SEC. 41. That it shall be unlawful without authority from the

owner for any person or persons to take or catch planted or bedded

oysters, knowing them to be so planted or bedded, or to remove,

Shall not
catch bed

break off, destroy.or otherwise injure or alter any stakes, bounds,

ded oys-

marks, buoys or other designation of any of said beds; any person

ters

or persons violating the provisions of this section shall be guilty

of a misdemeanor, and on conviction before the circuit court or a

justice of the peace for the county where the oysters were bedded,

shall be fined not less than ten nor more than two hundred dol-

lars, or be sentenced to the house of correction for a term of not

less than three months nor more than one year, at the discretion

of the judge or justice trying the same.

SEC. 2. And be it further enacted, That all acts or parts of

acts, sections or parts of sections, inconsistent with the provisions