Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1868-05-21

navigable waters of this State, the lines o
which extend into and are covered by the sale
waters. shall have the exclusive privilege of us
ing the same for protecting, sowing, bedding
or depositinp oysters or other shell fish within
the lines of their own land, and any owner OF
owners of land lying and bordering upon any
of the waters of this State, shall have power te
locate and appropriate in any OF the waters adj
joining his, her or their land flVe acres for the
purpose of preserving, deposltlng, bedding OF
sowing oysters or other shell fish, and that any
other citizen of the State shall have power to
locate and appropriate FIVE acres in any waters
in said State, not located or appropriated, pro-
vided, that ten days notice in writing shall be
given the owner or owners, occupant or occu-
pants of lands, bordering on said water propos-
ed to be located That the owner or owners,
occupant or occupants may have priority OF
claim, and if they shall fail to locate or appro-
pirate the water mentioned in said notice, with
in ten days after receiving the same, then il
shall be open and free to any one under the pro-
visions of this section; provided, also, that the
said location or appropriation, shall be descnb-
| ed by stakes, bushes or other visible marks, OF
metes and bounds, which description shall be
reduced to writing, under the oath of some
competent Surveyor, and recorded at the ex-
pense of the party locating or appropriating
the same, in the office of the Clerk of the Cir
cult Court for the county wherein such land
may be located and provided, also, that such
location and appropriation shah not lnJure, OBJ
struct or impede the free navigation of such
waters proDided that no natural bar or bed OF
oysters shall be so located or appropriated.
SEC. 90. Ind be 1T enacted, That if any creek,
cove Or inlet not exceeding one hundred yards
in breadth at its mouth make into the land or
lands that If crook inlet Ot
greater width than one hundred yards make
into the land or lands, the owner o. owners, or
other lawful occupant or occupants shall have
the exclusive right to use such creels cove or
inlet, when the mouth of said creek, cove or
inlet is one hundred yards orless in width, and
when the said creek, cove or inlet is more than
one hundred yards in width at its mouth, the
said owner or owners OF other lawful occupant
or occupants, shall have exclusive right to use
such creek, cove or inlet so soon as said creek,
cove or inlet in making into said land or lands,
shall become one hundred yards in width, for
preserving, depositing, bedding or sowing oys-
tiers or other shell fish, although such creek,
cove or inlet may not be in thelines of any pat
ent.
Sec. 80. And be it enacted, That if any per-
son who shall take with drag, dredge, scoop,
scrape, rake Or tongs, or any Instrument what
ever, any oysters or other shel. fish imbedded,
planted or sown in accordance with the provi-
sions of sections twenty-eight and twenty-nine
of this Article, or shall carry orhttempt to carry
the same away, shall be deemed guilty of a
felony and be liable to Indictment, and on con-
viction thereofin any court in this State having
criminal jurisdiction, shall be sentenced by the
Judge of such court to the Ps.itantiary for a
term not exceeding fve years and not less than
one year.
SEC. 81. And be 1t enacted, That the States
portion of all fines and forfeiures accruing un-
der this Article, shall be paid by the Sheriff or
other officer collecting the same to the Clerk of
the Circuit Court of the county, or the Clerk of
the Court of Common Pleas OF the city of Bal
timore, where such fine or forfeiture may ac-
cSue, and such Clerk shall account for the same
to the Comptroller of the Treasury in his quar-
terly returns.
Sec. 80. And be at enacted, That all licenses
to take or catch oysters will scoops scrapes,
drag or dredge in the waters Df the Chesapeake
Bay shall be numbered and dle owner or mas
ter OF every boat or vessel so licensed shall be
required to have or cause to lie printed on the
fore or main sail of such boa. or vessel, above
the reefng point or upon white flag, to be
displayed upon some prominent part of said
vessel, at least six feet above he deck, the num-
ber corresponding on such liense, such num-
Der to be printed in black figure or figures, not
less than one foot in length and of proportion
ate width, and which numbec shall be exposed
to view when dredging, andany person or per-
sons caught taking or catcling oysters with
scoop, scrape, drag or dredge in any of the wa
ters 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
dred dollars, one half of such fine to be paid to
the informer and the balance to the State, un-
i,for Io i = a..
as provided for in this Article
Sec. SO. And be it enacted, That all oysters
in the shell disposed of in the State of Mary
land, shall he measured in sealed measure of
any capacity, from half bushel to twenty-five
bushels, that may be agreed upon between the
seller and purchaser prouidd, that said meas
ure or measures shall contain in quantity for
each bushel thereof, according to the following
dimensions, that is to say, sixteen and half
inches across from inside to inside at the bot
tom, eighteen inches across from inside to in
side at the top, and twenty-five inches diago-
nal from the inside chime to the top, and the
same shall be even or struck measure. o.
Sec. 81. And be 1t enacted. That it shall be
the duty of the purchaser or seller to have said
measure or measures, duly inspected and sealed
by the proper officers, under a forfeit of fifty
dollars for each and every offense, to be recov-
cred before any Justice of the Peace, by action
of debt in the name of the State of Maryland,
one-half to 60 to the informer, and the other
half to the use of the State.
Sec. 35. And be at enacted, That all oysters
sold in the city of Baltimore shall be measured
by sworn measurer, who shall receive for his
services one cent per bushel, to be paid equally
by the purchaser and seller
Sec. SO. Ind be it enacted That the sworn
measurers as aforesaid shall take out a license
to authorize them to measure said OYSTERS from
the Clerk of the Court of Common Pleas in the
city of Baltimore.
Sec. 81. And be 1t enacted, That 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
dollars for said license and the further sum of
fifty cents to said Clerk for issuing the same.
Sec. 3S. And be 1t enacted, That 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.
Sec. 80. And be 1t enacted, That the sum of
twenty-five thousand dollars is hereby appro-
priated to purchase suitable steam vessel and
two tenders to be propelled by steam, sails, oars
or otherwise, at the discretion Of the Commis-
sioners hereinafter named, said vessel and ten
ders not to exceed in cost this appropriation,
and to arm and equip the same for the service
hereinafter specified, to be styled the State Oys-
ter Police Force, and the Governor, Treasurer,
Comptroller, Superintendent of Labor and Ag-
riculture, and the Clerk of the Court of Appeals
shall constitute Board to be styled the Com
missioners of the State Oyster Police Force,