FRANK BROWN, ESQUIRE, GOVERNOR.

523

Hughes;" John S. Smith, master of the vessel "Joshua

Green," and John R. Heath, owner of the vessel "M. E.

Lokey," all citizens of Somerset County, in the State of

Maryland, were respectively fined each the sum of fifty dol-

lars for an alleged violation of the local oyster law of Som-

erset County, for having in their possession unculled oysters

by Herbert F. Waters, Esq., then a justice of the peace for

Somerset County, which said fines and costs of suit they did

each fully pay unto the said Herbert F. Waters, a justice of

the peace, as aforesaid, all of which said fine the said Her-

bert F. Waters did pay over to H. Fillmore Lankford, Esq.,

clerk of the Circuit Court for Somerset County, who still
holds the same ; and whereas after the payment of said fines

by the parties aforesaid, the Circuit Court for Somerset

County in deciding certain cases before them, an appeal for

a precisely like violation of said law did hold and decide

the law under which the said parties were so fined as afore-

said, invalid, null, void and inoperative, and that all fines

and penalties imposed thereunder by any justice of the peace

for said county were unlawful and could not be enforced ;

and whereas the said H. Fillmore Lankford, clerk of the

Circuit Court as aforesaid both refused and doth still refuse

to refund unto the parties the said fines as aforesaid paid

unto him without an act of the General Assembly of the

State of Maryland being first passed so directing him,

therefore,

SECTION 1. Be it enacted by the General Assembly of

Maryland, That H. Fillmore Lankford, Esq., clerk of the

Circuit Court for Somerset County, be and he is hereby

directed and required to pay and refund unto George A.

Refunding

Somers, George Smith, John S. Smith and John R. Heath,

fine

each the sum of fifty dollars now in his hands as clerk afore-

said ; and paid to him by Herbert F. Waters, a former jus-

tice of the peace for Somerset County as a fine imposed by

him on them for an alleged violation of the local oyster law

of Somerset County, which said law in that respect, the

Circuit Court for Somerset County subsequently held inop-

erative and of no effect.

SEC. 2. And be it enacted, That this act shall take effect

Effective.

from the date of its passage.

Approved April 7th, 1892.