Year: 1868

i have power to summon - his aid such
number of person. rs may in his judg


ment, be necessary and proper for the safe
execution Of bis commission.


| Sec %. And be it enacted, That it
shall be the duty of any officer having
charge of, OF commanding such vessel, TO
take the persons or persons 90 arrested.
and the boat or boats. vessel or vessels,
and other property so seized, into his Gus
todv, and cause the said person or per-
sons to be taken before some Justice OF
the Peace for the county wherein the of
fense may have been committed ; and if
the offensc shall have been committed
outside of the limits of any county, then
to take the said person or persons before
some Justice of the Peace of The county
most convenient or accessible from the
place where such offcnse shall have been
committed; and it shall be the duty. OF
the Justice Of the Peace, before whom
such person or persons shall have been ia
ken BY said officer to take coenlzance OF
the same and docket case or cases in the
name Of The State against such person or
persons. and tile said boat or vessel, and
the said Justice shall proceed to try the
same and render judgment as provided by
this Article


Sec. ~ And be it enacted, That It
shall be the duty of the officer alluded to
in section twenty-five of this Article, to
return to the Commissioners Of the Oys-
ter Police Force, at the expiration OF ev-
ery month, full and particular account
OF his proceedings.


Sec. 25. And be it enacted, That in
all eases arising under this Article, the
Justice of the Peace before whom any
person or pers ons may be brought, shall
proceed to docket a ease or cases IN the
name of the State, against the person or
persons so charged, and also against the
boat or vessel employed or used, and shall
proceed Immediately to try the same, un-
less the party or parties so charged shall
state, upon oath, that further time is ne
eessary to enable him or them to prepare
his or their defense, and to procure at
tendance of witnesses, in which case the
said Justice shall appoint certain day
for the trial of the same, and shall cause
the said party or parties to enter INTO re-
cognizance with surcties, approved by
said Justice, in st,m not less not less
than five hundred dollars, for his or their
appearance on said day said security or
securities to be resident or residents OF the
county in which the Justice resides, and
shall swear or affirm that he or they are
worth double the amount OF the rec"gnl-
zance required, and N default thereof may
CON nit the said party or parties to jail !;
and if upon said trial it shall appear to
the satisfaction of said Justice that any
violation of this Article has been commit
ted by the party or parties, and that said
boat or vessel has been used N employed
in said violation Of this Article or any of
its provisions. the said Justice, shall rem
der a Judgment of condemnation against
the said boat or vessel, her tackle and lur-
niture on board at the time of her seizure,
or fine the said party or parties at his
discretion, as hcrcinbefore provided.


See. 26. And be it enacted, That it
shall be unla Sful for any person or per
sons licensed under any OF the provls-
ions of this Article to take or catch oys-
ters on Sunday, and any person or per
sons SO offending shall be liable to lndict-
ment for a misdemcanor in any Court hav-
ing a criminal jurisdiction in the State,
and upon conviction thereof shall be fin
ed a sum not less than fifty nor more than
two hundred dollars, or be imprisoned
not lees than twenty or more than sixty
days, IN the discretion of the Judge try
ing the same.


Sec. -. And be it enacted. That all
moneys arising from the sale of licenses
or from fines, penalties and forfeitures
imposed under this Article, shall, by the
Comptroller, be paid into the Treasury,
and placed to the credit of the Oyster
Fund, and the Comptroller is hereby re-
auired to state in his annual report, par
| ticularly, the receipt. and expenditures
on account of said fund, ard the balance


standing to the credit of The State at the
time of making such rsport


Sec. IS. And be it enacted, That the
owner or owners Of any land bordering on
any of the navigablc waters Of this State
the lines of which extend into and are
covered hy the said waters, shall have the
exclusive privilege Of using the same for
protecting, sowing, bedding or dcp6sl,ug
oysters or other she'll fish within the liues
of their own liant, and any owner or own
ers 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 land
FIVE acres for the purpose OF preserving
dcpositing, bedding or sowing oysters OF
other shell FISH, and that any other citizen
of the State shall have power to locate and
appropriate FIVE acres IN any waters in
said State, not located or appropriated,
4 provided, that ten days notice III writing
shall be given the owner or owners, occu-
pant or occupants of lands. bordering on
said water proposed t. be located. That
! the owner or owners, occupant or occu-
pants NAV have priority of claim, aud il
they shall fail to locate or appropriate the


water mentioned in SAID notice. within
ten DAYS after receiving the same, then it
shall be open and free TO any one under


the provisions Of this seclon provided ,
also, that the said location or apprupria-


ton. shall be described by stakes. bushes
or other proper and visible marks, or
me,es and bounds, which description shall


be reduced to writing, under the oath Of


some competent Surveyor, and recorded


at the expense of the party locating or


appropgiAt.ng the same. IN the Office of the


Clerk of the Circuit Court for the county


wherein such land may he located . and