The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1870-06-09

in any waters IN said State not located or ap-
pfopiiatcd provided, that ten days notice in
writing shall be given the owner or owners, !
occupant or occupants pf lands bordering on
said water proposed to be- located, that the /
owner or uwncrs, occupant or occupants, may !
have priority Of claim, and If iley shall fail to
locate or appropriate the water mentioned Ia
said notice, within ten days alt1r receiving tho |
same, then IL shall be Opcu and free to any one
under the provisions Of this section provided,
also, that the said location or appropriation
shall be dcsvsibed by stakes, bushes 0r other
proper and vi.Iblc marks, mstcs and bounds,
which description shall bs reduced to writing,
uudor the oath of some competent surveyor,
and recorded at the expense OF the party lnca-
ting, or apprnpriating the same, ia the Office
uf the CLERK OF the Circuit Court for the county
wherein such lands may be located; and pro-
yidtd, also, that such location and appropra-
ton shall not njurc. obstruct or impede the
free navigation OF ouch waters; and provided,
that no natural bar or bed Of oysters shall be
80 lhcated or appropriated, and that six months
pcaccabla possession Of all locations Of ny sier
grounds, under the laws of this state, shall
constitute gund and suhicicnt title thereto
bat should any one, within the six months here
iubeiore prnVided, be charged with locating,
or appropriating amy natural bed or bar, rs
hereHbetore prohibited the question may be
at once submitted by any person interested, 10
the Judge uf the Circuit Court in the county
where such question shall arise, who, after
shall proceed to hear tho testimony aud decide
the case, aud il said decision bo Ia favor Of tn.
party locating said five acres, said decision
shall be recorded, with the original record uf
said FIVE acres and shall In al CASES ls Coz Clu-
siyc evidence Of titlc thereto.
Sec. ~. Andbcit enacted, That If any creek.
cove or inlct, not exceeding one hundred yards
iu breadth at its mouth, make into the land or
lands, or that il any creek, cove or inlet, Of
greater width than one hundred yards, make in-
to the land or land, the owner or owners, 9th
er lawful occupant, or occupants, shall have the
exclusive right % 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 It's mouth, the said
owner or owners or other lawful occupant or
occupants, shall have exclusive right to use
such creek, cove or inlet, So so5n as said creek,
cove or inlet, In making into said land or lands,
shall become one hundred yards in width, for
preserving, d1poiting, bedding, or sowing oys-
tcrs, or other shell tsh, although such creek,
cove or inlet may not be included in the lines
Uf any patent.
Sec. 80. And be II enacted, That If any per-
son shall take with drag, dredge scoop,
scrapc, rakcs or tongs, or any instrument what
ever, any oysters or other shell ilsh imbcdded,
planted or sOwn, in accordance with the pro.
visions of sections tweniy-eight aud twenty
nine of this Article, or any oysters growing On
any grounds appropriated according to the
provisions Of said sections, or shall carry, at
telrpt to carry the same away, shall be deemed
guilty of felony, and be liable to Indictment
and conviction thereof in any Conrt in this
State, having criminal Jurisdiction, shall be
sentenced to tue penitentary for term mot
exceeding five years, and not less than one
year.
Sec. 81. And be It enacted, That the States
portion Of all fines and lnrieitures accruing I'M
der this Article, shall be paid by the Sheriff or
other officer collecting the same, in ten days,
to the Clerk of the Circuit Court o: the county
or the Clerk of the Court of Common Plees Of
the City of Baltimore, where such iino or for
iciture may accrue; aud such CLERK shall ac-
count for the same 10 the Comptroller OF the
Treasury in his quarterly returns.
Sec. 81. And be it enacted, That the Comp
ir0llcr Of the Treasury ia hereby required to
have painted Ia blTck GJHror, on 'rhde eagra.,,
two sets Of the numbers corresponding to the
licenses 10 take oysters with scoops, scrHpes,
drag, drcdye, or any similar instrument, each
figure of which shall BE- ttceaty-tro inches ia
hsighti, and Of pr0p0rtiOnate Width, aud he
shall give to each person taking out such IL
ccuse, two numbers thereof, one Of which the
captain Of the vessel shall sew upon the star-
bo1rd side, and In the 1tiiHe of that part OF his
mniasaH, which is abpcs the close ref, and the
other number upon the port side, and ia the
middle of that part of the jib, which is dbore the
boaHet and reeE these numbers shall be ssNod
on the side OF the sails in an upright and proper
position, securely attached to the sails, aud worn
at all times dAriHgtAe dredging season, and shall
not be Coz esaied, defaced, or injured, and no
other number but the proper one shall be ex-
posed to view on licensed vessel, nor shall
anr number, other than that which is furnish
ed By the Comptroller, be used any captain Of
a licensed vessel who shall violate the proyis-
ions of this section, iI irbOfe or IA part shall,
upon conviction thereof before any Justice OF
the Peace or Judge Of Circuit Court for
this State, most convenient or accessible, pay
fine of not less than one hundred nor more than
two hundred dollars; and in case the captain
shall be found To be an irresponsible party,
than the rSsssl shall be liable for the pay ment
OF the fine and costs.
Sec. 80. And be il enacted, That the sum Of
six thousand dollars is hereby appropriated to
purchase or build two suitable sal-yesseis, and
to arm and equip the same forservice hereiu-
after specified, which, together with the steam
er, shall be styled the State Oyster Polieu
Force and the Governor, Treasurer, Comp
trOllcr, Superintendent OF Labor and Agricul-
turc, and the Clerk of the Court of Appeals
shall constitute Board, to be styled the Com
missioners OF the State Oyster Police Force
and they are directed to purchase, arm and
equip said vesselsi provided, that the Board
aforesaid shall under no circumstances exceed
the above appropriation and the Treasurer of
the State, upon the requisition of said Commits
sioners and the warrant OF the Comptroller, is
hereby directed to pay the sum or sums neces-
sary, not exceeding this, and any other appro-
priation hereinafter mentioned, for the pur-
poses herein specified.
Sec. 81. And be it enacted, That the Board
Of Commissioners of the State Oyster Police
Force shall have power to appoint n suitable
person to command said Force, whose term OF
oiiice shall be for two years, unless sooner re-
moyed, Tor incOmpetency, or neglect of duty
aud il said officer shall fail to discharge his
duty, by reason of collusion with those inter-
ested in evading the law, be shall, upon pre-
Epnlmant inlirimant nd pnu In N
OF Law, be deemed guilty OF misdemeanor,
and lined or imprisoned, or both, at the discre-
tion OF the Court.
Sec. 35. And be it enacted, That the COM
nandtng officer of said Force, be, and he Is
hereby required, to keep his vessel constantly
on duty, when circumstances will permit
wherever opposition to the Oyster law has
arisen, or is likely to arise, within the bounda-
ries Of the State and that every locality where
violation of the law exists, or islikoly to arise,
shall be visited as often rs the duties OF the
Force, and the condition of the vessels, will
permit and that every two months report
shall be made to the Commissioners Of all Off
eial action taken under the law, and a strict
and careful Journal kept, Of all duties perform
cd, and the circumstances connected herewith.
The salary OF the chief officer shall be twenty
live hundred dollars per annun, which shall be
paid to him monthly by the Treasurer upon the
warrant of the Comptroller, and he shall have
power to appoint one first officer, at twelve
hundred dollars per annum; and one second
officer, at six hundred dollars per annum; and
one third officer, at nine hundred dollars per
annum, to take charge of one of the sail vessels
and one fourth officer, at nine hundred dollars
per annum, to take charge of the other salt
vessel one chief engineer, at twelve hundred
dollars per nnnum; three seamen, at thirty dol
lars per month; two seamen, at TWENTY-FIVE.
dollars per month"; six seamen, at twenty dol
lars per month; one fireman, at thirty-hve dol
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