1858, c. 414, s. 5. 79. If the rate of rent or annual value shall exceed the sum of Id. s. 76. three hundred dollars, and shall not exceed four hundred dollars, Same. the sum of sixty dollars. 1858, c. 414, s. 5. 80. If the rate of rent or annual value shall exceed four hundred Ia. s. 77. dollars, and shall not exceed five hundred dollars, the sum of seventy- Same. five dollars. 81. If the rate of rent or annual value shall exceed five hundred Id. s. 78. 1858, c. 414, s. 5. dollars, and shall not exceed seven hundred and fifty dollars, the same. sum of ninety dollars. 1858, c. 414, s. 5. 82. If the rate of rent or annual value shall exceed seven hun- Id s. 79. dred and fifty dollars, and shall not exceed one thousand dollars, Same. the sum of one hundred dollars. 83. If the said rate of rent or annual value shall exceed one Id. s. 80. thousand dollars, and shall not exceed two thousand dollars, the c. 414, s. 5. sum of one hundred and fifty dollars. Same. 1858, c. 414, s. 5. 84. If the said rate of rent or annual value shall exceed two Id. s. 81. thousand dollars, and shall not exceed three thousand dollars, the Same. sum of one hundred and eighty dollars. 1858, c. 414, s. 5. 85. If the said rate of rent or annual value shall exceed three Id. s. 82. thousand dollars, and shall not exceed five thousand dollars, the Same. sum of two hundred and fifty dollars. 1858 c. 414, s. 5. 86. If the said rate of rent or annual value shall exceed five Id. s. 83. thousand dollars, and shall not exceed ten thousand dollars, the Same. sum of four hundred dollars. 1858, c. 414, s. 5. 87. If the said rate of rent or annual value shall exceed the Id. s. 84. sum of ten thousand dollars, the sum of four hundred and fifty Same. dollars. OYSTER OR EATING HOUSES. Id. s. 85. Oyster and eat 88. If any person or body corporate shall purpose to open, set 1858, c. 414, s. 6. up, or keep an oyster house, cook shop, victualling house, or lager ing houses. beer saloon, or any place other than an ordinary, at or in which 35 Md. 236. spirituous or fermented liquors or lager beer may be sold or bartered in less quantities than a pint, at any one time, he shall apply to the clerk of the Circuit Court of the county in which he may reside, or if he reside in the city of Baltimore, to the clerk of the Court of Common Pleas therefor. 89. And upon such application, the said applicant shall pay to the clerk of the Circuit Court of the county where he resides, or if said applicant shall reside in the city of Baltimore, then to the clerk of the Court of Common Pleas, the sum of fifty dollars for each and every such license. Id. s. 86. 1858, c. 414, s. 6; License. 90. No peddler shall traffic or trade in spirituous liquors in any Id. s. 87. manner whatever. 1858, c. 414, s. 6. penalties. 91. If any person shall sell or barter any spirituous or fermented liquors, or lager beer, in quantities less than a pint, without taking Fines and out license therefor as herein provided, he shall, upon conviction, pay a fine of not less than fifty nor more than two hundred dollars for each offence; and on failure to pay the same, together with the 1872, c. 430. Fines and penalties. 27 Md. 520. 1864, c. 345. Fines for viola license, and selling liquor to minors. costs of prosecution, shall be committed to jail and confined therein until such fine and costs are paid, or for the period of forty days, whichever shall first occur. 92. If any person shall barter or sell any goods, wares, or merchandise, or spirituous and fermented liquors, and lager beer, in quantities not less than a pint, without taking out license therefor, as herein before provided, he shall, on conviction, pay a fine of not less than twenty dollars nor more than one hundred dollars for each offence; and upon failure to pay said fine and the costs of prosecution, shall be committed to jail and confined therein until such fine and costs are paid, or for the period of twenty days, whichever shall first occur. 93. If any person shall take out an ordinary license, as herein tion of ordinary provided by law, without having the bedding and other accommodations required; if any person shall sell or barter any spirituous or fermented liquors, or lager beer, to any person who is a minor or under twenty-one years of age, he shall, on conviction, pay a fine of not less than fifty nor more than two hundred dollars, together with the costs of prosecution, and upon failure to pay the same, shall be Imprisonment. committed to jail and confined therein until such fine and costs are paid, or for the period of forty days, whichever shall first occur, and it shall be the duty of the court before whom said person shall be Suppression of convicted to suppress his license. license. Art. 56, s. 91. Informer. 94. In all prosecutions for a violation of any of the provisions 1858, c. 414, s. 11. of this article relating to licenses to sell goods, wares, or merchandise, or spirituous or fermented liquors, one-half of the fine shall be paid to the informer, and the other half to the State; and it shall be the duty of the grand jury to indorse on the back of the indictment the name of the informer. Id. s. 92. 1827, c. 117, s. 3; Order of court. 95. The clerk shall not, without the special order of the court, 1831, C. 323,8. 11. or the judge thereof, grant a license to any person to sell spirituous or fermented liquors from whom the grand jury has recommended a license to be withheld, or to a person whose license has been suppressed by the court. Id. s. 93. Shows, etc. SHOWS. 96. Any person, or company of stage-players, ventriloquists, 1845, c. 374, s. 1. sleight-of-hand performers, 10pe-dancers, tumblers, and wire-dancers, shal, previously to exhibiting or performing for a reward, in any county in this State, pay to the clerk of the Circuit Court for such county, thirty dollars for one year, or one dollar for each exhibition, at his or their option. Id. s. 94. 1845, c. 374, s. 1. Circus. Id. s. 95. 97. Every person, or company of circus-riders or equestrian performers, who shall exhibit for a reward in any county in this State, shall pay to the said clerk the sum of thirty dollars for a license therefor for one year. 98. Every person or company who shall exhibit for a reward any Menageries and animal or animals, or natural or artificial curiosities of any kind curiosities. (except models of useful inventions), shall pay to the said clerk the sum of fifteen dollars for a license therefor for one year. Stage-players, etc. license. 99. Every person, or company of stage-players, ventriloquists, Ia. s. 96. sleight-of-hand performers, rope-dancers, tumblers, and wire-dancers, 1841, c. 194. s. 2. or company of circus-riders or equestrian performers, and each or every person or company who shall exhibit any animal or animals, or artificial or natural curiosities of any kind or sort (except models of useful inventions), in the city of Baltimore, for a reward, shall, in addition to the tax imposed by the ordinances of said city, pay Additional to the clerk of the Court of Common Pleas for a license therefor, the following tax, to wit: For license for theatrical exhibitions, three dollars for each night of performance; for license to exhibit as ventriloquists, sleight of-hand performers, rope-dancers, tumblers, and wire-dancers, ten dollars for each week; for circus or equestrian performers, three dollars for each night of performance; for license to exhibit any animal or animals, or artificial or natural curiosities of any kind, ten dollars for each week. 100. Each license shall contain a list of the personal perform- 1841, c. 194, s. 3. ances, or animals, or other articles or things to be exhibited. 101. Every itinerant stage-player, ventriloquist, sleight-of-hand performer, rope-dancer, tumbler, or wire-dancer, or company of circus-riders, or equestrian performers, or exhibitors of artificial or natural curiosities (except the exhibition of models of useful inventions), who shall perform or exhibit in any county in this State, or in the city of Baltimore, without having paid the tax herein directed, shall forfeit sixty dollars, to be collected by the sheriff by distress and sale of the property of each delinquent, and to be applied, onehalf to the use of the State and the other half to the use of the sheriff. Id. s. 97. List of performers, etc. a. s. 98. 1841, c. 194, s. 3. Fine. 1841, c. 194, s. 4. exhibited to stable. 102. It shall be the duty of the persons enumerated in the last Id. s. 99. preceding section, to exhibit their licenses to any justice or consta- License to be ble who may demand a view thereof, and if they or any of them re- justice or confuse or neglect so to do, they shall forfeit and pay the sum of twenty dollars for every such neglect or refusal; and if any such neglect or Penalty. refusal shall occur before a justice of the peace, it shall be his duty forthwith to issue his warrant in the name of the State against the offender, and upon return, to enter judgment and issue execution for the said sum of twenty dollars and costs, for the use of the State; and if such refusal or neglect shall happen before a constable, he shall arrest the person or persons so refusing or neglecting, and carry him or them before a justice of the peace, who shall give judgment and issue execution as aforesaid, one-half to the constable, and the other half to the use of.the State; Provided, that in either case the defendant shall have the right to stay execution, or appeal from such judgment on giving security, as in other cases of appeals. 103. No lecturer upon science, literature, morality, or religion, Id. s. 100. shall be required to pay any license whatever. 1845, c. 374, s. 2. Exceptions. Id. s. 101. 1845, c. 374, s. 3. Charitable entertainments. Id. s. 102. 1841, c. 194, s. 5. Stud-horse or jackass. Id. s. 103. 1841, c. 194, s. 5. Penalty. Id. s. 104. 1841, c. 194. s. 5. Distraint. 104. Every entertainment, exhibition, or performance given for charitable objects, shall be exempt from taxation or license. STALLIONS AND JACKASSES. 105. The owner or keeper of every stud-horse or jackass shall, before being permitted to stand or station such animal, pay to the clerk of the Circuit Court of some one of the counties in this State, the highest sum which he intends to ask or receive for the season of one mare; and the receipt of the said clerk, with the seal of his court attached thereto for said sum, shall be the license for stationing or standing such stud-horse or jackass for one year from the date thereof; Provided, that in no case shall the sum directed to be paid by this section for such license, be less than ten dollars; and that every stallion or jackass upon which the said tax is paid, shall be exempt from all other State tax. 106. Any owner or keeper stationing or standing any stud-horse or jackass without a license, shall forfeit and pay twice the sum authorized and required to be paid in the last preceding section, one-half to the State, and the other half to the informer. 107. Upon information being given upon oath to the sheriff of any county in which such animal is stationed or standing, that the owner or keeper is standing such animal without license, the sheriff shall distrain for the same by seizing such stud-horse or jackass, and make sale of the same for the amount thus forfeited. TITLE IX. Oysters, Fish and Fisheries, Wild Fowl and Game. ARTICLE 13. OYSTERS. ARTICLE 14. FISH AND FISHERIES. ARTICLE 15. WILD FOWL AND GAME. ARTICLE XIII. OYSTERS. 1. No steamer to be used in catching oysters; license for vessels. 2. License issued by comptroller; Chesapeake bay and Eastern bay; certain places excepted; time; transfer; oath; fee. 3. Requirements of oath. 4. Fee; license to be shown. 5. Punishment for violation. 6. Warrant for arrest; to whom directed. 7. Resistance of officers; punishment. 8. Sheriff, etc., to arrest offenders. 9. Recognizance to be taken by justice; commitment. 10. To whom fines paid; accounting by clerk. 11. Condemnation of boat; sale; notice; proceeds of sale. 12. Catching oysters without consent of owner, felony; punishment. 13. Time when oysters may be taken; punish ment. 14. Not to be taken on Sunday or at night; penalty. 15. Numbers to be furnished by comptroller; where to be placed; to be worn at all times; violation; punishment. 16. Application by resident of State for license to use canoe, etc., to take oysters with rakes, etc.; time; proviso; exceptions as to various counties. 17. What license shall state; rates; where oysters to be culled; to whom amounts received for tonging license to be paid. 18. Oath by applicant; requirements; viola- 19. Blanks; accounts; one kind of license only 20. Use of unlicensed boat; penalty. owners. 24. Appropriation for State Fishery Force. 27. Commander of force; term of office; fine. 31. Vessels to be kept on duty; reports. 33. Oath; bond. 34. Salaries of officers and men. 36. When paid; clerk; salary. TERRAPINS. 40. When diamond-back terrapins not to be taken. 41. Of what size not to be taken. 42. Terrapin eggs not to be destroyed. 43. Citizens of counties only to take. 1874, c. 181. No steamer to be used in oysters. License for 1. No steamer shall be used in catching oysters in this State, and catching no other boat shall be used in catching oysters with scoop, dredge, or similar instrument, without first having been licensed as herein- vessels. after provided. 18 Howard, 71. 5 Md. 11. 2. The comptroller of the treasury shall, upon application of any Id. s. 2. person who has been a resident of this State for twelve consecutive License paid by months next preceding such application, and to no other person, comptroller. |