626

LAWS OF MARYLAND.

a sum not less than fifty dollars nor more than one

Penalty.

hundred dollars, and be sentenced to the house of cor-

rection for not less than six months for each and every

offense.

SEC. 3. And be it enacted, That on information

made under oath of any violation of the provisions of

this act to any justice of the peace for Saint Mary's or

Charles counties, such justice of the peace shall forth-

with issue his warrant to the sheriff or any constable

Issue warrant.

of his respective county, requiring said officer to pro-

ceed forthwith to arrest the party or parties alleged to

have been engaged in the violation of this act, and

bring him or them before said justice at once for trial,

and upon conviction they shall be fined and punished,

as required by section two of this act.

SEC. 4. And be it enacted, That the said justice

Immediate

of the peace shall either give the case an immediate

hearing.

hearing, or, at the instance of the party or parties

charged, shall appoint some early day within the next

five days thereafter to hear the case, the party or

parties charged with violation of this law giving such

good and sufficient security as said justice shall re-

quire for his or their appearance; and any person or

persons feeling himself or themselves aggrieved by

any conviction or judgment of said justice, shall have

Right to appeal

the right to appeal to the circuit court for Saint

Mary's or Charles, as the case may be, which shall

hear and determine the same as other cases on appeal.

SEC. 5. And be it enacted, That it shall not be law-

ful for any person or persons not a citizen or citizens

of Saint Mary's county to take or catch oysters with

Not lawful.

tongs or any other instrument in any of the tributaries

of the Potomac river, adjacent to the shores of Saint

Mary's county, and it shall not be lawful for any per-

son or persons not a citizen or citizens of Charles

county to take or catch oysters with tongs or any

other instrument in any of the tributaries of the Poto-

mac river, adjacent to the shores of Charles county, and

every applicant for a license under this act to use any

canoe or other boat in catching oysters with rakes or

Make oath.

tongs shall be required to make oath before the clerk

of the court authorized to issue the same, or before

some justice of the peace of Saint Mary's or Charles

county, as the case may be, upon whose certificate of

the taking of such oath or affirmation the said clerk

of the court shall issue such license; such oath or