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Session Laws, 1957
Volume 640, Page 1401   View pdf image (33K)
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Theodore R. McKeldin, Governor                  1401

winch, winder, crank, or spool shall be prima facie evidence of the
violation of Sub-section (d) of this section. Any boat or vessel,
her tackle, apparel, anchor, cables, rigging, appurtenances, and equip-
ment used in such violation shall, together with the cargo of such
boat, be condemned and forfeited to the State [or Commonwealth
in which the case shall be tried.] of Maryland.

4.   Any person found guilty of violating the provisions of Sub-
section (e) of this section shall be subjected to the penalties of the
State [or Commonwealth of which he is a resident] of Maryland
for taking or catching oysters out of season.

5.    Any person found guilty of violating the provisions of Sub-
section (f) of this section, if a packer or vendor of oysters, shall be
fined One Hundred Dollars ($100), or confined in jail not less than
thirty days nor more than six months, either or both, or if a tonger,
shall be fined not less than Fifty Dollars ($50) or confined in jail
not less than fifteen days nor more than three months, either or both.
In addition to such fines or imprisonment, any cargo, hold, bin, or
lot of oysters found unculled, or culled in violation of this section,
shall be confiscated and returned to some natural rock, bed or shoal
of the Potomac River under the supervision of the officer making the
arrest. Any boat containing unculled oysters or oysters culled in
violation of this section shall be held as security for the payment of
any fine. In case there is an appeal or a waiver of trial before a
magistrate or justice of the peace, the cargo, hold, bin, or lot of
oysters shall be held in the custody of the officer making the arrest
until the captain of the boat or the vendor or packer of oysters shall
have reculled said oysters; and the officer under whose supervision
the reculling is done, shall give the offender a certificate showing the
number of bushels of such unmarketable oysters and shells culled out
and returned to the natural rocks, beds, or shoals of the Potomac
River; and the costs of reculling and other expenses incident thereto
shall be borne by the offender.

6. Any person found guilty of violating Sub sections (g) to (k),
inclusive, of this section by carrying seed oysters from the Potomac

or for any purpose other than for planting in the waters of Maryland
[ or Virginia] shall be fined not less than One
Hundred Dollars ($100)
nor more than One Thousand Dollar
s ($1,000), and in addition to
such fine the boat used in such a manner, with her cargo and equip-
ment, shall be condemned and forfeited to the State [ where such

conviction shall occur.] of Maryland. Any person found guilty of
violating the provisions of Sub sections (g) to (k), inclusive, of
this section by buying and carrying seed oysters from the Potomac
River without a
permit for each boat so used shall be fined not less
than Twenty Dollars ($20) nor more than One Hundred Dollars
($100).
The owner or master of any boat or vessel violating the
provisions of (g) to (k), inclusive, of this section by having any
scrape, scoop or dredge, or any part thereof, on any vessel engaged
in taking, catching,
buying or carrying seed oysters shall be fined not
less than Two Hundred and Fifty Dollars ($250) nor more than Five

Hundred Dollars ($500), and in addition thereto the boat or vessel

so used together with its cargo and equipment, shall be forfeited to
the State [wherein such offender is convicted.] of Maryland.

(o) [Conformance with the Compact of 1785. Nothing in this
section shall be construed in any way to impair, alter, or abridge any

 

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Session Laws, 1957
Volume 640, Page 1401   View pdf image (33K)
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