730

LAWS OF MARYLAND.

scoop, scrape, drag or dredge, or similar instrument,

it shall be prima facie evidence that the said boat or

Evidence of

vessel has been used in violation of this act, and it

violation.

shall be the duty of the officer to arrest the person in

command of said boat or vessel, and seize the said

boat or vessel, together with all. her equipments, and

bring the same before a judge or justice of the peace

most accessible, to be dealt with according to law, pro-

vided that nothing in this act shall be construed to

prohibit vessels from seeking harbor in any waters of

this state.

SEC. 41. And be it enacted, That all oysters taken

from any of the waters of this state shall be culled

upon their natural bed or bar as taken; any person

or persons violating the provisions of this section shall

be deemed guilty of a misdemeanor, and upon trial

Cull on bed.

and conviction before any judge or justice of the peace

of this state, shall be fined not less than fifty nor more

than three hundred dollars, or sentenced to the House

of Correction for a term not less than three months

nor more than three years, or forfeit the canoe or ves-

sel used in said violation.

SEC. 42. And be it enacted, That any person or per-

Right of appeal

sons convicted under any of the provisions of this act

shall in all cases have the right of an appeal.

SEC. 43. And be it enacted, That nothing in this

Exemption

act shall be construed so as to apply to Worcester

county.

SEC. 44. And be it enacted, That it shall be the

duty of the commanders of the steamers to diligently

watch and guard, and to arrest all persons dredging,

Duty of com-
mander.

tonging or scooping without license; and the com-
manders of the sailing vessels shall likewise guard and

arrest all persons for any violation, of the law in this

respect; and the commanders of both the sloops, and

steamers shall keep their boats on duty at all times,

both by day and by night, so far as possible, Sunday

included, and shall cruise near to the line dividing the

grounds they are assigned to guard from the dredging

grounds, and shall harbor as near said line as it is pos-

sible for them to do, and shall remain on board their

boats at all times, unless disabled by sickness or ex-

cused by the commander of the force, and shall keep a

Keep log.

log of their movements, and shall once in each month

forward a copy of such log to the office of the com-

mander; any violation of duty in these respects shall