Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1902-05-22
CHAPTER $40.

"
Article 10 of the Code of Public Local Laws,
title "St Mary's County," subtitle 'oys-
ters'' us said Sections were re-enacted by
Chapter $50 Of the Acts OF 1900 and re-anact
the same with amendments,
Section |. BE 1t enacted by the General As
sembly of Maryland That Sections 96A and
96B of Article 10 of the Code of Public Local
Laws, title "st Mary's County" subtitle
Oysters" as said Sections were enacted by
Chapter $50 of the Acts OF 1900 be and the same
are hereby repealed, and the said Sections 9OA
and 96B DO re-enaeted, with amendments so as
to read as follows:
s6A. The owner of any land bordering on
any of the nuvigable waters Of st. Mary's
County, the lines of which extend into and are
covered by said waters, shall have the exclu-
sive privilege of using the same for protect
ing, sowing, bedding, or deposltlng oysters or
other shell fish within the lines of his own
land, and any owner of land lying and border
ing upon any Of the waters OF said County
shall have power to locate and appropr ate in
any of the waters adjoining his or her lands
one lot OF Ave acres for the purpose of protect
ing, deposting, bedding or sowing oysters or
other shell FISH, aud any male or female clti-
zen Of fun age, provided they are not members
of the same immediate family, Of the County
wherein he or she resides, shall have power to
locate and appropriate and hold one lot of Ave
acres, and no more, In any waters of said
st. Mary's County not appropriated; prov-
| ded thirty days notice in writing shall be given
| tho owner or occupant of land bordering on
said waters proposed to be located, that the
owner occupant may have priority claim, and
| If such owner or occupant shall fail to locate
or appropriate the waters mentioned in said
notice, then IL shall be open and free to any
one, under the provisions of this Section; pro-
vided also that said location or appropriation
shall he described and plainly marked by
means Of bushes, stakes or buoys; and pro-
! vided that no natural bar or bed of oysters
| shall be so located or appropriated, and that
six months peaceable possession of all loca-
! tons of oyster grounds, under the laws of this
| State, shall constitute good aud sufficient title
| thereto, but should any one within six months
be charged with locating or appro oriatng 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 for said County, who, after having given
notice to the parties interested shall proceed
| to hear the testimony and decide the case, and
IL his decision be in In favor of the party Local
| ting said acres, and decision shall be recorded,
aud shalt In all cases be conclusive evidence
of title thereto; provided, also, that IF any
stakes, bushes or buoys used as bounds shall
| be removed by accident or design, IL shall not
excuse any person from wrongfully taking
such oysters If no knew the grounds to have
been located and appropriated, and any per-
son wilfully or malioiousy removing such
| stakes, bushes or buoys shall be liable TO all
the penalties OF this Act, but any title or pre-
tended title to acres or otherwise contrary to
this Section, HELDED or claimed by any per-
son is hereby declared to be fraudulent aud
| void; provided, that no nonresident of this
| State shall be entitled to avail himself of the
provisions of this Section, whether he be sole
or part owner of any land In said st. MarY's
! County, and IL case of the death of any citizen
who may have located and appropriated any
lot under the provisions of this Section his ex-
ecutors or administrators shall have the ex-
elusive use, possession and control of such lot
as fully as the person so dying had for the pur-
pose of protecting, cuitiyating and removing
the oysters planted on said lot for the period
of three years from the date of the death of
| the person appropriatng such lot and any
person or persons taking or attempting 10 tai
oysters thus plan cd or nedded, shall be deem
ed guilty of msdemeanor, and upon eonvic-
ton before a Justice of the Peace trying the
case shall DO fined sum not less than Atty
dollars nor more than one hundred dollars,
and imprisoned in the House of Correction for
period of three tN six months, one-half of
said fine to be paid to the informer and the
other half to the County Commissioners for the
use of public schools
CAB ANY person who shall! have located on
lots of ground within the waters of st. Mary "a
County, not exceeding two acres, AS provided
in Chapter 4so of the Acts of nineteen hun.
he 80 desires, either by adding on To the origi-
nal lot so held, taking up separate lot, pro-
vided said lots shall not i'll all exceed Ave acres
and that they shall he marked out and design
cd as hereinbefore provided.
| Section 2. And be IL further enacted, That
| this Act shalt take effect from the date of ite
passage, and that all Acts or parts of Acts in.
| consistent herewith are hereby repealed.
Approved pril II 1909
SEAL NohLE L. MfToaELL,
\/0 ~ Speaker OF the House of Delegates
President of the Senate
STATE OF MARYLAND. scr:
/, THOMAS PARRAN, Clerk of the Court
of Appeals of Maryland. do herelg certify
that the foregoing Is a full anu prue copy OF
the Act of the General Assembly of Maryland
of which IL purports TO be copy as takeT
from thp Hrlvi~ai Tiaw belonging TO and de
posted IN tbs ellis IT TIE Clerk OF the Cour
of Appeals a resaid
/. In testimony whereof, | have
hereanto set my hand as Clerl
: aud affixed the Seal of the saiG
II SAM q art ap Appeals this sixth day
HS % MAY 4 Z; lsas;