The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1868-12-25

the person or persons so charged and also against
the boat or vessel employed or used, and shall
proceed Immediately to try the same, unless the
party or parties so charged shall state, upon OATH
that further time is necessary to enable him or
them to prepare for his or their defense, and to
procure attendance of witnesses, in which case
the said Justice shall appoint certain day for
the trial of the same, and shall cause the said
party or parties to enter into recognizance, with
sureties, approved by said Justice, in sum not
less than five hundred dollars, for his Or their APP
pearance on said day; said security or securities
to be resident or residents of the county in
which tha Justice resides, and shall swear or
affirm that he or they are worth double the
amount of the reoognizance required, and in de-
fault thereofmay commit tue said party or parties
to Jail and if upon said trial it shall appear to
the satisfaction of said Justice that any violation
of this Article has been committed by the party
or parties, and that said boat or vessel has been
used or employed in said violation of this art-
Gle or any of its provisions, the said Justice shall
render a judgment of condemnation against the
said boat or vessel, her tackle and furniture on
board at the time of her seizure, or fine the said
party or parties at his discretion. as hereinbe-
fore provided. ~ t.a t.e 4.a. aa
Sec. 26. And be it enacted That 1t shall be
unlawful for any person or persons licensed I'M
der any of the provisions of this article to take
or catch oysters on Sunday, and any person or
persons SO offending shall be liable to Indictment
for misdemeanor in any Court having criminal
jurisdiction in the State, and upon conviction
thereof shall be fined sum not less than fifty
nor more than two hundred dollars, or be i'm
prisoned not less than twenty or more than sixty
days, in the discretion of the Judge trying the
same. 5
. Sec. q. And be it enacted, That all moneys
arising from the sale of licenses, or from fines,
penalties and forfeitures imposed under this Ar
ticle, SHALL by the Comptroller, be paid into the
Treasury, and placed to the credit of the Oyster
Fund, and the Comptroller is hereby required to
state in his annual report, particularly, the re-
ceipts and expenditures on account of said
fund, and the balance standing to the credit of
the State at the time of making such report. w.
Sec. %. And be it enacted, That the owner
or owners of any land bordering on any of the
navigable waters of'ths State the lines Of which
extend into and are covered by the said waters
shall have the exclusive privilege of using the
same for protecting, sowing, bedding or deposit
ing oysters or other shell fish within the lines of
their own land and any owner or owners of
land lying and bordering upon any of the
waters of this State, shall have power to locate
and appropriate in any of the waters adjoining
his, her or their land five acres for the purpose of
preserving, depositng, bedding or sowing oysters
or other shell fish, and that any other citizen Of
the State shall have power to locate and appro-
pirate five acres in any waters in said State, not
located or appropriated, provided that ten days
notice in writing shall be given the owner or
owners, occupant Or occupants of lands
bordering on said waters proposed to be rlo-
Gated. That the owner. or owners, occupant
or occupants may have priority Of claim, and if
they shall fail to locate or appropriate the water
mentioned in said notice, within ten days after
receiving the same, then it shall be open and
free to any enc under the provisions Of this sec
ton; provided also, that the said location or
appropriation shall be described by stakes, bush
es or other proper and visible marks, or metes
and bounds which description shall be reduced
to writing, under the oath of some competent
surveyor, and recorded at the expense of the
party locating or appropriating the same, in the
office of the Clerk of the Circuit Court for the
county wherein such land may be located and
provided also, that such location and appropria-
ton shall not injure, obstruct or impede the \
free navigation of such waters provided, that
no natural bar or bed of oysters shall be SO To-
Gated or appropriated i'g yin. Is 'aH 9.rti7l
Sec. 20. And be it enacted; That if any creek, |
cove or inlet not exceeding one hundred yards
in breadth at its mouth make into the land or 4
lands or that if any creek, cove or inlet of great
er width than one hundred yards make into the
land or lands, the, owner or owners or other
lawful occupant or occupants shall have the ex-
elusive right to use such creek, cove or inlet,
when the mouth of said creek, cove or inlet is
one hundred yards or less 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 or other lawful occupant or
occupants, shall have exclusive right to 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 presery-
ing, depositing, bedding or sowing oysters or
other shell fish, although such creek, cove or
patent. - ist"a"N5 '5..'' '1'@.il
Sec 30. And be it enacted, That if any per-
son who shall take with a drag, dredge, scoop,
scrape, rakes or tongs, or any Instrument what
ever, any oysters or other she'll fish Embedded,
planted or sown in accordance with the provi-
sions Of sections twenty-eight and twenty-nine