Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1886-12-17

should any one within twelve months
be charged with locating or appro-
pnatlng any natural bed or bar here
lnl efore prohibited. the question NAV
be 1T once submitted by any person
interested to the Judge of the Circuit
Court III the county. where such uues-
tons shall arise, who. after having
given notice to the parties interested.
proceed to hear the testimony and
decide the case. and if decision be in
the favor of the party locating said
five acres, said decision shall be re-
corded with the original record of said
five acres. and shall in all eases be con
elusive evidence of title thereto: pro-
vlded, also, that if any stakes or brushes
used as bounds shall be removed bv ac-
cldent or design. it shall not excuse
any person from wrongfully taking
such oysters if he knew the grounds
to have been located and appropri-
ated: but any tito. or pretended
title. to more than five acres or other
wise. contrary to tins section. held
or clalmed by any person. is here
by declared To he fraudulent and
void provided. that no nonresident
of this State shall he entitled TO avail
himself of the provisions of this see
ton whether he be sole or part owner
of any land i'll this State.
SEC. II. and be It enacted. That if
any creek, cove or inlet. not exceed
ing one hundred yards at low water in
breadth at ITS mouth. make into the
lands. or that If any creek. cove or inlet
"f 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 wards or less in width:
and when the said creek. cove or inlet
Is more than one hundred wards in
width al It's mouth at low water. the
sand owner or owners. or either lawful
occupant or occupants. shall have ex-
elusive right Ia use such creek cove
or inlet - soon as SAID creek. cove or
inlet IN making into said land or lands
shall become one hundred wards in
width nj low water for preserving. de-
posting. bedding or sowing oysters or
other >hell-tish. although such cove.
creek or inlet may not be included in
the lines of any patent. and in all such
eases such night of the riparian pro.
prlctor shall extend 10 the middle of
such creek, cove or inlet.
Sc 46. Ind h Il eRrrtcd. That
1t shall hr unlawful, without authority
from the owner, for any person ar per
sons to take or catch planted or beddcd
oysters. knowing them 10 hc So planted
or bedded. or Ia remove. break off.
destroy or otherwise luJurc or alter any
stakes, bounds, marks. bouyS or other
Of any of said beds: anv
person or persons violating the provi-
SONS of this section shall be deemed
guilty of n mi>,lemcauor. and on con
vlctluu in the Circuit Court tor the
county wherein the oysters were beddrd
shall he fined not less than five dollars
nor more than fifty dollars. or h. seq
fenced IN the House OF Correction tor
a term of not less than three months
nor more than one Year. at the dI>cre-
ton OF the judge or justice trying the
same.
SEC. IL. iai h Il eHart,,3. That
this Act shall take effect from the date
al its passage.
Approved April :, lss6.
We hereby certify that the aforesolng Is a
cnT,,t copy - an Act ~ the GCu-ral Assam
bly, ~ MaTy land, ras~,~i January Session. lSss.
W. C. PTR>ELI.
Secretary % The senate.
T. Il pRET7NN,>
4 l.F ~ h. tI s.tF hi.