number corresponding with the number on such license, such number to be printed in black figure or figures, not less than one foot in length and of proportionate width, and which number shall always be exposed to view when dredging, and any person or persons caught taking or catching oysters with scoop, scrape, drag or dredge in any of the waters of this state, without having complied with this provision, shall, upon conviction thereof by any justice of the peace of this state, be fined not less than fifty nor more than one hun- Penalty. dred dollars, one-half of such fine to be paid to the informer and the balance to the state, unless such informer be a paid officer of the state as provided for in this article. Ibid. s. 35. Measure of 32. All oysters in the shell disposed of in the state of Maryland, shall be measured in a sealed measure of oysters. any capacity, from half a bushel to twenty-five bushels, that may be agreed upon between the seller and purchaser; provided, that said measure or measures shall Proviso. contain in quantity for each bushel thereof, according to the following dimensions, that is to say, sixteen and a half inches across from inside to inside at the bottom, eighteen inches across from inside to inside at the top, and twenty-one inches diagonal from the inside chime to the top, and the same shall be even or struck measure. 33. It shall be the duty of the purchaser or seller to bid. s. 34. have said measure or measures, duly inspected and inspected or sealed by the proper officers, under a forfeit of fifty Penalty. dollars for each and every offense, to be recovered before any justice of the peace, by action of debt in the name of the state of Maryland, one-half to go to the informer, and the other half to the use of the state. Measures, sealed. Sworn mea surers. 34. All oysters sold in the city of Baltimore shall Ibid. s. 35. be measured by a sworn measurer, who shall receive for his services one cent per bushel, to be paid equally by the purchaser and seller. Ibid. s. 36. License to 35. The sworn measurers as aforesaid shall take out a license to authorize them to measure said oysters, measurers. from the clerk of the court of common pleas in the city of Baltimore. Ibid. s. 37. Oath of measurers. 36. They shall make oath before said clerk, that they will faithfully and impartially discharge the duties of measurer of oysters, as between purchaser and seller thereof, and shall pay the sum of fifty Cost of license. dollars for said license, and the further sum of fifty cents to said clerk for issuing the same. Ibid. s. 38. Revenue. Ibid. s. 39. Appropriation of vessels for police. of state oyster police force. 37. The revenue arising from the sale of said licenses shall be paid to the comptroller of the treasury to be placed to the credit of the oyster fund. 38. The sum of twenty-two thousand dollars is for purchase hereby appropriated to purchase a suitable steam vessel and two tenders to be propelled by steam, sails, oars or otherwise, at the discretion of the commissioners hereinafter named, said vessel and tenders not to exceed in cost this appropriation, and to arm and equip the same for the service hereinafter specified, to Commissioners be styled the state oyster police force, and the governor, treasurer, comptroller, superintendent of labor and agriculture, and the clerk of the court of appeals shall constitute a board to be styled the commissioners of the state oyster police force, and they are directed to purchase, arm and equip said steam vessel and tenders, and the treasurer of the state, upon the requisition of said commissioners, and the warrant of the comptroller is hereby directed to pay the sum or sums necessary, not exceeding this and any other appropriation hereinafter mentioned for the purposes herein specified. Ibid. s. 40. Commander of force. 39. The board of commissioners of the state oyster oyster police police force, shall have power to appoint a suitable person to command said force, whose term of office shall be for two years unless sooner removed for incompetency or neglect of duty, and if said officer shall fail to discharge his duty; by reason of collusion with those interested in evading the law, he shall upon presentment, indictment and conviction, in a court of Misdemeanor. law, be deemed guilty of a misdemeanor and fined, or imprisoned or both at the discretion of the court. Ibid. s. 41. Cruising. 40. The commanding officer of said force is hereby required to keep his vessel constantly cruising, when circumstances will permit, wherever opposition to the reports. oyster law has arisen, or is likely to arise, within the power to appoint one chief mate at twelve hundred officers, &c. dollars per annum, and who shall be a pilot; one second mate at six hundred dollars per annum; one chief engineer at twelve hundred dollars per annum; one assistant engineer at nine hundred dollars per annum ; three men to act as firemen and coal heavers at twentyfive dollars per month each; one steward and one cook at twenty-five dollars per month each, and as many seamen as the above commissioners may deem necessary, at twenty dollars per month. Arms. 41. Said commissioners are empowered and directed Ibid. s. 42, to purchase such arms and ammunition as shall be necessary to carry into effect the duties devolved upon said oyster police force. Rations. 42. The officers and crew aforesaid shall each receive Ibid. s. 43. one ration per day, in quality and quantity such as is allowed by law to the officers and crew of the revenue marine of the United States. Payment of offi 43. The officers and crew aforesaid shall be paid by Ibid. s. 44. the treasurer upon the warrant of the comptroller, and cers and crew. the certificate of the commanding officer that their duty has been performed as required by law. Dismissal of 44. The commanding officer shall have authority to Ibid. s. 45. dismiss from said service any officer or other person officers, &c. under his command whenever, in his judgment, the interest of said service may require him to do so. Rules and regu 45. The commanding officer aforesaid is hereby em- Ibid. s. 46. powered to prescribe rules and regulations for the dis- lations. Ibid. s. 47. Death or disa cipline of said oyster police force, which shall be submitted to the commissioners aforesaid for their consideration, and when duly approved by them, shall have the force of law and be binding upon the officers and crew of said force. 46. In case of the death or permanent disability of bility of com- the commanding officer aforesaid, the commissioners aforesaid shall have authority to fill the vacancy. manding officer. Ibid. s. 48. Appropriation. Ibid. s. 49. Repairs. Ibid. s. 50. Oath of coinmanding officer. Bond. 1868, c. 228, s. 1. Dragging or dredging for oysters on Honga and Nanticoke 47. To enable the said commissioners to equip and put into service the oyster police force, the sum of eight thousand dollars, or so much thereof as may be deemed necessary, in addition to the sum of twentytwo thousand dollars hereinbefore mentioned, is hereby appropriated, which shall be paid by the treasurer, upon the requisition of said commissioners and the warrant of the comptroller. 48. The board of commissioners shall have power to keep the said steamer and tender in suitable repair; and the treasurer of the state, upon the requisition of said commissioners and the warrant of the comptroller, is hereby directed to pay the sum or sums necessary to carry out the provisions of this section. 49. The commanding officer of said force shall, before entering upon the discharge of his duties, take before the judge of one of the circuit courts, the oath prescribed by the constitution, and shall enter into bond to the state of Maryland in the sum of twenty thousand dollars, to be approved by said judge, for the faithful performance of his duties, as prescribed in this article. Passed and approved March 30, 1868. 1868, c. 228 enacts the following: 50. It shall not be lawful for any person or persons to take or catch oysters with rakes, drags or dredge within the waters of the Honga river in Dorchester county, nor in the Nanticoke river at or above Roarin Dorchester ing Point in Dorchester and Wicomico counties, in quantities over five bushels in any one day during the rivers above Roaring Point, county, &c. three summer months, June, July and August by any canoe, boat or vessel. 51. Any person or persons violating the aforegoing reiture of section shall forfeit his canoe, boat or vessel; and it canoe, &c. shall be lawful for any justice of the peace of the county of Dorchester or of Wicomico county to try such person or persons, and if found guilty of a violation of the first section of this act may condemn said canoe, boat and vessel and sell the same on five days' Sale. notice, and fine the said offender or offenders a sum not Fine. less than five nor more than twenty dollars for each and every offence, and said justice of the peace shall pay over said fines and forfeitures to the school board of said counties to be used in building and repairing school houses in the county where the justice of the peace resides. 1868, c. 97 repeals sections 3, 9, 16, 17 and 87 of this article and substitutes the following therefor: Warden. SEC. 3. The directors of the Maryland Penitentiary 1868, c. 97. shall annually appoint at their regular stated meeting Appointment. in the month of May a warden for the penitentiary, who shall serve for one year or until the stated meeting of the board of directors, to be held in the month of May of the year succeeding his election, or in the contingency of the failure or omission of the board to make an appointment at the time aforesaid to serve until his successor shall be chosen. He may be removed from Removal. |