SAMUEL SPRIGG, ESQUIRE, GOVERNOR.

1820.

CHAP. XXIV.
An Act to prevent the destitution of Oysters in this State.

WHEREAS it is represented to the general assembly, that a great
number of large vessels from the northern and middle states fre-
quent our waters for the purpose of transporting oysters to those
states: And whereas, well grounded apprehensions are entertain-
ed of the utter extinction of oysters in the state, as well in conse-
quence of the immense quantity thereof exported, as the destruc-
tive instruments used in catching them; Therefore,

CHAP. 24.

Passed Dec 22.

Preamble.

1. Be it enacted by the General Assembly of Maryland, That if
any person or persons shall use any drag, scoop, or other instru-
ment except tongs or rakes, such as have generally been used for
the purpose of catching oysters within the waters of this state,
every person so offending, and being thereof convicted before a
justice of the peace of either of the counties adjoining the water
course in which the offence has been committed, shall forthwith
pay the sum of twenty dollars, or in case of failure so to do shall
be committed, by such justice of the peace, to the public gaol of
the county, there to remain without bail or mainprize for sixty
days, unless such fine of twenty dollars be sooner discharged, one
half of which fine shall go to the state, and the other to the use
of the informer, in case the evidence without his or her testimo-
ny was sufficient to convict the offender, and if not, the whole of

Penalty for using
drags, &c. except
tongs, &c. for
catching oysters.

such fine shall go to the state; Provided nothing contained herein
shall be construed to extend to the use of drags on the western
shore, such as has been generally used on said shore.

Proviso.

2. And be it further enacted, That no person or persons what-
soever, shall put oysters caught or gathered in the waters, bays,
rivers or creeks of this state, on board of any canoe, flat, scow,
boat or other vessel, riot wholly belonging to and owned by some
person or persons who have resided within this state twelve months
previously to such oysters being so put on board of such canoe,
flat, scow, boat or vessel, and every person so offending, and be-
ing thereof convicted before a justice of the peace of cither of the
Counties adjoining the waters, bays, rivers or creeks, in which the
offence has been committed, shall forthwith pay the sum of twenty
dollars, or in case of failure so to do, shall be committed by a jus-
tice of the peace to the public gaol of the county, there to remain
without bail or mainprize for sixty days, unless such fine of twen-
ty dollars be sooner discharged, one half of which fine shall go
to the state, and the other to the use of the informer, in case the
evidence without his or her testimony was sufficient to convict the

Penalty for put-
ting oysters on
board any vessel

not owned by
citizens of this

state.

offender, if not, the whole of such fine shall go to the state; Pro-
vided nothing in this section contained shall be construed to extend
to the basin and harbour of the city of Baltimore.

Proviso.

3. And be it enacted, That it shall be the duty of every justice
of the peace, upon his own view, or the information of any per-
son on oath, to issue his warrant to one or more constables in his
county, commanding him, her or them, to require such and so
many persons as he or they shall deem necessary, to aid and as-
sist him or them in apprehending every person or persons offend-
ing against all or any of the preceding sections, in any of the
bays, rivers, creeks or waters of this state, and forthwith to bring
such offender, when apprehended, before any justice of the

Justice to issue
warrant on infor-
mation, &c.