The Democratic advocate., 1874-05-30


the Comptroller list and account Of such IL
censes issued by them, and no licenses 10 take
or catch oysters with rAkes or tongs shall be
issued to any boat or vessel which is licensed 10
take or catch oysters with scoop, drag, dredge
or any similar instrument
Sec. 2l. Aud be Il enacted, That II any per
son shall use any canoe or boat not licensed as
required by the preceding sections OF this ar
ticle, in taking or catching oysters with rakes
or tongs except for private use, he shall, upon
conviction thereof before justice Of the peace
for the county wherein the offence has been
committed, be iined not less than twenty moi
more than one hundred dollars, and in case Of
refusal to pay said fine. said party shall b,
committed 10 the county Jail for six months, or
until said fine be paid.
Sec. %. And be Il enacted, That all moneys
arising frotn the sale Of licenses, or from fines
penalties and forieitures imposed under this
article, shall, upon warrant Of the Comptroller,
be paid into the Treasury and placed TO the
credit Of the oyster fund, and the Comptroller
is hereby required 10 state In his annula re-
port, particularly the receipts and expendi-
lures on account Of said fund aud the balance
standing to the credit Of the State at the time
Of making such report.
Sec. %. And be il enacted, That the owner
or owners Of any land bordering on any Of the
nayigable waters Of this State, the lines Of
which extend into and are covered by said
waters shall have the exclusive privilege Of
using the same for protecting, sowing. bedding
or deposilsng oysters or other shell-Esh 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, snail have power to
locate and appropriate in any Of the waters
adjoining his, her or their lands, five acres for
the purpose of protecting, preserving, deposits
ing. bedding or sowing oysters or other she'll
| fish, and that any other citizen Of the State
shall have power to locate and appropriate iiye
acres in any waters in said State not located or
appropriated; Pforided, thirty days notice in
writing shall be given the owner or owners,
occupant or occupants of land bordering on
said water proposed to be located, that the
owner or owners, occupant or occupants, may
have priority of claim, and ifthey shall fail 10
locate or appropriate the water mentioned in
said notice, within thirty days after receiving
the same, then il shall be open and free to any
one under the provisions Of this section; Pro-
rided, also, That the said location or appropri-
alton shall be described by stakes, bushes or
other proper and visible marks, metes and
bounds, which description shall be reduced TO
"tAbhbs uAhth tut Odth VI ooAuc UltAtAt sur
yeyor, and recorded at the expense OF the parts
locating or appropriating the same, in the office
Of the clerk Of the circuit court in the county
wherein such lands may be located; And pro-
riicd, also, That such location and arpropria-
tion shall not injure, obsiruct or impede the
free navigation Of such waters; Aad provided,
That no natural bar or bed Of oysters shall be
so located or appropriated, and that six months
peaceable possession Of all locations of oyster
grounds under the laws Of this State shall con-
slitule good and sufficient title thereto; hui,
should any one, within the six months herein
before provided, be charged with locating or
appropriating any natural bed &C bar herein
before prohibited, the question may be at once
submitted by any person interested to the Judge
Of the circuit court in the county where such
questions shall arise, who, after having given
notice to the parties interested, proceed TO hear
the testimony and decide the case, and if de-
cision be in favor Of The party locating said Eve
acres, said decision shtll be recorded with the
original record Of said Eve acres, and shall in
all cases be conclusive evidence OF title thereto.
Sec. a. And be il enacted, That if any
creek, cove or inlet not exceeding one hundred
yards at low-water In breadth at its mouth,
make into the lands, or that il any creek, cove
or intent Of greater width than one hundred
yards at low-water mark, make into the lands,
ihe owner or owners, or other lawful occupant
o. occupants, shall have The exclusive 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 lis mouth at low-water, the
said owner or owners, or other lawful occupant
or occupants, shall have exclusive right TO use
gftrh craet frla a A.
cove or inlet, in making into said land or lands
shall become enc hundred yards in width at
low-waier for preserving, deposiiing, bedding
or sowing oysters or other shel.fsh, although
such cove, creek or inlei, may not be included
in the lines Of any patent.
Sec. %. And be il enacted, That the sum
Of twenty thousand dollars is hereby appropri-
ated from the oyster fund Of this State, to pur-
chase or build six suitable sail vessels. and
arm and equip the same for the service herein
after specified. which, together with other ves-
sells now in the service Of the State, shall be
styled the State Fishery Force and the Gov
ernor Treasurer, Comptroller, Commissioner
Of the Land Office aud the Clerk of the Court
Of Appeals, shall constitute Board. TO be
styled the Commissioners of the State Fishery
Force" and they are directed TO purchase,
arm and equip said vessels; Provided, That the
Board aforesaid, shall, under no circumstances,
exceed the above appropriation, and the Treas
urer Of the Stale, upon the requisiton Of said
Commissioners and the warrant Of the Comp
troller, is hereby directed to pay the sum or
sums necessary, not exceeding this and any
other appropriation hereinafter mentioned, for
the purpose herein specified.
Sec. 26. And be II enacted, That said Com
missisners are empowered and directed TO pur.
chase for each Of the guard-boais belonging 10
said Force, one suitable cannon, and such
other arms and ammunition as may be necessary
to make them efficient.
Sec. 27. And be il enacted That for the
more efficient working Of said Fishery Force.
the waters Of the 5taie shall lie divided into
six districts Of which the waters Of Somerset
county, shall constitute the first district; the
waters Of Wiconiico and Dorchester counties
the second; the waters Of Talbot county. the
third; the waters Of Kent and Queen Anne's
counties, the fourth; the waters Of Anue Arun.
del county, The fifth; the waters OF Calvert.
h. Lac 81 -. -