Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1886-05-07

should any one within twelve months
be charged with locating or appro-
prlating any natural bed or bar here
int efore prohibited, the question NAV
be at once submitted by any person
interested to the Judge of the Circuit
Court i'll the county where such oues-
tons shall arise, who, after having
given notice to the parties interested.
proceed to hear the testimony and
decide the ease, 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 cases be con-
elusive evidence of title thereto pro-
vlded, also, that lfany stakes or brushes
used as bounds shall be removed by ac-
cident or design, it shall not excuse
any person from wrongfuliy taking
such oysters if he knew the grounds
to have been located and appropri-
ated; but any title, or pretended
title, to more than five acres or other
wise, contrary to this section, held
or claimed by any person, is here
by declared to be fraudulent and
void f; provided, that no nonresident
of this State shall be entitled to avail
himself of the provisions of this sec
ton whether he be sole or part owner
of any land in this State.
SEC. ~. And be IL 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
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 ex-
elusive 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, de-
posting, bedding or sowing oysters or
other shell-tish, although such cove,
creek or inlet may not be included in
the lines of any patent, and in all such
cases such right of the riparian pro-
prletor shall extend to the middle of
such creek, cove or inlet.
SEC 46. And be IL enacted, That
it shall be unlawful, without authority
from the owner, for any person or per-
sons to take or catch planted or bedded
oysters, knowing them to be so planted
or bedded, or to remove, break off.
destroy or otherwise injure or alter any
stakes, bounds, marks, bouys or other
designation of any of said beds: any
person or persons violating the provi-
slons of this section shall be deemed
guilty of a misdemeanor, and on con-
viction in the Circuit Court for the
county wherein the oysters were bedded
shall be fined not less than five dollars
nor more than fifty dollars, or be SEN
fenced TO the House of Correction for
term of not less than three months
nor more than one year, at the discre-
ton of the judge or justice trying the
same.
SEC. AZ. And be 10 enacted. That
this Act shall take effect from the date
of its passage.
Approved April Z, 1886.
We hereby certify, that the aforegong is a
correct copy of an Act of the General Assem-
bly, of Maryland, passed January Session, 1886.
W. G. PURNELI,
Secretary OF the Senate.
II. Is. PRETTYMAN,
Chief Clerk of the House of Delegates