Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-05-22
-LOaCS--Ge7aeTUL.

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. 81. And be it enacted, That if 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 peac,
for the county wherein the offence has beer
committed, be fined not less than twenty MOI
more than one hundred dollars, and in case
a refusal to pay said fine, said party shall b.
committed to the county Jail for six months, o.
until said fine be paid,
Sec. %. And be it enacted, That all moneys
arising from the sale Of licenses, or from fines
penalties and forfetures 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 and the balance
standing to the credit of the State at the time
of making such report.
Sec. %. And be it enacted, That tie owner
or owners of any land bordering on any of the
navigable waters of this State, the lines Of
which extend into and are covered by said
using the same for protecting, sowing, bedding
or depositsng oysters or other shell-tish 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 lands, five acres, for
the purpose OF protecting, preserving, deposit
ing, bedding or sowing oysters or other she'll
fish, and that any other citizen of The State
al hau G,,r
acres in any waters in said State not located or
Appropriated; Prouided, 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 it shall be open and free to any
one under the provisions of this section; Pro
Utded, also, That the said location or appropr-
alton shall be described by stakes bushes or
other proper and visible marks, metes and
bounds, which description shall be reduced to
writing, under the oath of some competent sur
veyor, and recorded at the expense Of the party
locating or approprating the same, in the office
of the clerk of the circuit court in the county
wherein such lands may be located; And pro-
Uned, also, That such location and appropria-
ton shall not injure, obsruct or impede the
Tree navigation of such waters; Ind proUided
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-
stitute good and sufficient title thereto; but
should any one within the six months herein
before provided, he charged with locating or
appropriating any natural bed or bar herein
before prohibited, the question may be at once
snbnltted 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-
csion be in favor Of the party locating said five
acres, said decision shall be recorded with the
original record of said five acres, and shall in
all cases be conclusive evidence OF title thereto.
Sec. 81 And be it enacted, That if any
creek, cove or inlet not exceeding one hundred
yards at low-water in breadth al its mouth
make into the lands, or that if any creek, cove
or intent of greater width than one hundred
yards at low-water mark, make into the lands,
the owner or owners, or other lawful occupant
or 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 its mouth at low-water the
said owner or owners, or other lawful occupant
or occupants, shall have exclusive right 10 use
such creek, cove or inlet, so as said creek,
cove or inlet in making INTO said land or lands
shall become one hundred yards in width at
low-water for preserving, depositing, bedding
or sowing oysters or other shell-fsh, although
such cove, creek or inlet, may not be included
in the lines of any patent.
Sec. %. And be it 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 and the Clerk of the Conr,
of Appeals, shall constitute a 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 State, upon the requistion 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 &C. And be it enacted, That said Conn
missisners are empowered and directed to pur
chase for each of the guard-boats belonging to
said Force, one suitable cannon, and such
other arms and ammunition as may be necessary
to make them efficient.
Sec. 81. And be it enacted, That for tbe
more efficient working of said Fishery Force.
the waters of the State shall he divided into
six districts of which the waters of Somerset
county, shall constitute the first district the
waters of Wicomico 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 Arm |
del county, the fifth; the waters of Calvert
Charles and ST. Mary's counties, the sixth; each
of which said districts shall be guarded bv one
sailing vessel, except the second al sixtb
districts. which -sfahii pe guarded by wo sail
Ing vessels, the vessel to be designate by the
Commissioners of said Fishery Force, and shall |
be under the general supervision Of he Com
mander of said Force.
Sec %. And be it enacted, That tie Board
of Commissioners of the State Fisher Force |
shall have power to appoint suitable person
TO command said Force to appoint the deputy |
commanders for their respective districts from
persons of the counties whose waters comprise |
the different districts, who shall be commits
stoned by the Governor, and the sid COM
mander and deputy commander shall have
mower to appoint their subordinaies and seIec, /