508

LAWS OF MARYLAND.

used in catching oysters in this State with
scoop, dredge or similar instrument, is here-
by declared to be forfeited, and shall be con-
demned by order of any Judge of the Circuit
Court nearest the place of her capture, or if
captured in Baltimore city, by order of the
City Court, and shall be sold by the Sheriff of

Forfeiture.

the county where condemned, or if condemned
in Baltimore city, by the Sheriff of said city, to
the highest bidder for cash, after twenty days'
notice of the time and place of sale; such notice
to be published at least three times in a news-
paper having the largest circulation, printed
in Baltimore city, or in the county where con-
demned; one-fourth of the proceeds of such
sale shall be paid to the party making the
capture, including the officers and crews of the
Fishery Force, and the balance shall be paid
into the Treasury of the State, to be credited
to the Oyster Fund.

SEC. 13. And be it enacted, That the fines

Fines.

accruing under this act shall be paid by the
Sheriff, Constable or Officers of the State Fish-
ery Force collecting the same within ten days
to the Clerk of the Court of the county or city
where such fine may accrue, and such Clerk
shall account for the same in his next quar-
terly return to the Comptroller of the Treas-
ury, to be placed to the credit of the Oyster
Fund.

SEC. 14. And be it enacted, That it shall be un-
lawful for any person or persons to take or
catch oysters or have oysters in his or their
possession between the twenty-fifth day of
April and the first day of September, in each

Unlawful pos-
session.

and every year; provided, that oysters caught
before the twenty-fifth day of April may be
disposed of at any time before the fifth day of
May; and provided, this section shall not pre-
vent transportation companies from carrying
oysters brought from other States nor hotel
and restaurant keepers or private persons from
purchasing oysters outside of the State of
Maryland, nor shall it be construed to prevent