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172. It shall be unlawful for any person or .persons in Som-
erset county to take oysters with tongs in any canoe, or other
sail boat, while said canoe or boat is propelled, .in whole or in
part, by wind or sail, which said taking shall at all times within
said county be a misdemeanor and punishable as provided for
other offenses under this Article, and the tonnage of vessels
and canoes to be licensed shall be ascertained by custom-house
measurements, and no canoe or other vessel shall be employed
in taking oysters with scrapes, scoops, drag or dredge, or other
similar instrument in the waters of Somerset county, unless
the owner thereof shall have first obtained a license therefor,
as above provided, and any person having a license aforesaid
for any vessel shall provide a number on canvas, to be pre-
scribed, and furnished by the clerk of the Circuit Court, of
the same size as that required now or hereafter by the State
Oyster Laws, in red figures, corresponding with the number
of his said license, and shall affix the same securely to the
mainsail, but on the opposite side thereof from that required
by the State Oyster Law, and shall keep the said number in
proper position and plainly visible at all times while at work,
or going to or from work, during the dredging season, and
the provisions of this section shall not apply to Pocomoke
sound, wherein it shall be unlawful at all times to take oysters
with scoops, scrapes, drag or dredge, or any similar instrument;
and said license shall not be transferable, and any person or
persons violating any of the provisions of this section, or
found guilty of damaging his or their boat, to escape a just
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CHAP. 428.
Unlawful to
take oysters
with tongs in
any canoe
or sail boat
propelled by
wind or sail.
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and proper measurement of the same by said custom-house
officials shall be found guilty of a misdemeanor and shall,
upon conviction before any justice of the peace of the Circuit
Court for Somerset County, be fined in a sum of not less than
one hundred dollars or more than three hundred dollars for
each offense, or sentenced to the house of correction for one
year, or both, in the discretion of the Court or the justice of
the peace trying the same.
SEC. 2. And be it enacted, That this Act shall take effect
from the date of its passage.
Approved April 8, 1902.
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Penalty
for violation.
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