The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1880-04-30
Public General LOaCS.

public schools in the respective counties where
such license is issued; provided, the sum recev-
ed from white tongers shall go to white
schools, and the sum from colored tongers shall
90 to the coorcd schools.
SEQ. 10. And be it enacted, That every APP
plicant for license to use any canoe or other
boat in taking or catching oysters with raSes or
tongs. shall be required to make oath or aflirma-
ton before the clerk authorized TO issue the
same, or some Justice of the Peace, on whose
certificate of the taking of such oath OF affirma-
ton the clerk shall issue said license; that the
facts set forth in said license are strictly true
that he has been bona fide resident of the
county for the twelve months next preceding his
application for said license; that he desires and
intends to use said canoe or boat only in the
county in which he resides, or in the waters
used in common, as herein provided in this act;
that he will not allow the same TO be used for
taking oysters by non-residents of the county;
that he will comply with and obey all the laws
of this State, regulating the taking or catching
of oysters; and every person 10 whom such Ii
cense shall have been granted, shall paint the
number of his canoe or boat on the outside
thereof, near the gunwale, in black figures, and
not less than three inches in length, and of pro-
portionate width, in white ground, and no
number, other than that in the said license, shall
be exposed to view on said canoe or boat; and
any person falling TO comply with this provl-
sion before using said boat or canoe for the pur-
pose aforesaid, shall, on conviction thereof be-
fore Justice of the Peace, be fined not less than
FIVE dollars, nor more than ten dollars, and any
person who may refuse to pay said fine, shall be
committed to the county Jail for the period of
thirty days, or until said find be paid.
. SEC. 20. And be it enact d, That the Comp
troller of the Treasury shall cause to be printed
and delivered to the Clerks of the Circuit Courts
of the several counties, the requisite number Of
such blank licenses, and take receipts for the
same, as for other licenses furnished; and the
said clerks SHALL on the first Monday of March
and December, in each year, return to the
Comptroller list and account of such licenses,
issued by them, and no licenses to take or catch
oysters with rakes or tongs shall be issued to
any boat or vessel which is licensed TO 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 section Of this article,
in taking or catching oysters with rakes or
tongs, except for private use, he shall, upon
convection thereof before Justice of the Peace
for the county wherein the offence has been com
mitted, be fined not less than twenty nor more
than one hundred dollars; and in case of refusal
to pay the said fine, said party shall be confined
in the House of Correction for period of not
less than three MONTHS nor more than three
years.
SEC. %. And be it enacted, That all moneys
arising from fines, penalties or foFfeitures i'm
posed 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 TO state in his
annual report, particularly, the receipts and
expenditures on account of said fund, the balance
al, H., To l,pt
making such report.
Sec. %. And be it enacted, That the owner or
owners Of any land bordering on any ofthe nav
igable 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, sewing, bedding or de-
posting 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 lands, five acres,
for the purpose of protecting, preserving, de-
posting, 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 loctaed or appropriated; provided, thirty
days notice in writing shall be given the owner
or owners, occupant or occupants of land
bordering on said water proposed to be To-
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 thirty
days after receiving the same, then it shall be
open and free to any one under the provisions
of this section provided, also, that the said
location or appropriation shall be described
by stakes, bushes or other proper and visible
me les 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 approprating
the same ia the office of the Clerk Of the Cir
cult Court in the county wherein such land
may be located and provided, also, that such
location and appropriation shall not injure,
obstruct or impede the free navigation Of said
waters; and provided, that no natural bar or
bed of oysters shall be so located or appropria-
ted and that six months peaceful possession
of all locations of oyster grounds under the
laws of this State shall constitute a good and
sufficient title thereto; but should any one,
within the six months herein provided, be
charged with locating or approprIatlng any
natural bed or bar hereinbefore 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 testi-
mony and decide the case, and if decision be
in favor of the party locating said five acres,
said decision shall be recorded with the origi-
nal record of said five acres, and shall in all
cases be conclusive evidence Of title thereto.
SEC. "a. And be it 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 if any creek, cove or inlet 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, OIL other
lawful occupant or occupants, shall have exclu-
sive 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 at low water, for preserving,
depositing, bedding or sowing oysters or other
shell fish, although such cove, creek or inlet may
not be included in the lines of any patent
SEC. rs. And be it enacted, That the Board of
Public Works is empowered and directed, to
purchase for each Of the guard boats such arms
and ammunition as may be necessary to make
them efficient.
SEC. 26. BE it enacted, That for the more eff
cieut working of the State Fishery Force, the
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