344

LAWS OF MARYLAND.

the season that may be under said state law at any time

the closed season shall be prima facie evidence that

the same have been caught by the person in possession

of the same contrary to the provisions of this law ;

and any person having license for any vessel under

this article and sub-title shall also provide a number

on canvas, to be prescribed and furnished by said

county commissioners of same size as that required

by the state oyster law, in red figures correspond-

ing with the number of said license, and shall

fix the same on the same sail and the opposite side

When not to

thereof as required by the said state law, and the pro-

apply.

visions of this sub-title shall not apply to the waters

of Pocomoke river and sound, in which said waters

it shall be unlawful to take oysters with scoop, scrape,

drag or dredge, nor shall any vessel be employed other-

wise than as allowed by the said regulations and des-

ignations of said county commissioners, and said

license shall not be transferable.

SEC. 97. Any person or persons violating any of the

provisions of this act shall be fined a sum not less than

two hundred dollars nor more than five hundred dol-

lars for each and every offence, and shall stand com-

Penalty for Vio-

mitted till fine and costs are paid, and on information

lation,

under oath of any violation of the provisions of this

act to any justice of the peace of said county, he shall

issue his warrant to the sheriff of said county, requir-

ing him to summon a posse comitatus, if necessary,

and proceed at once to arrest the party or parties

alleged to have been engaged in the violation of this

act, and forthwith bring the offender or offenders be-

fore some justice of the peace in and for Somerset

county, for a hearing, and the said justice shall either

give the case an immediate hearing, or he shall, at the

instance of the party or parties charged, appoint some

day within the next seven days thereafter to hear the

case, first requiring the defendant or defendants to

Give bail.

give good and sufficient bail for the appearance of the

defendant or defendants, and the production of the

vessel, if any shall be taken, at the trial, and if the

defendant or defendants shall be found guilty of vio-

lating any of the provisions of this sub-title, or of the

regulations or designations made by the said commis-

Penalty,

sioners, within the waters of Somerset county, the

said justice shall fine such person or persons not less

than two hundred dollars nor more than five hundred