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LAWS OF MARYLAND.— 1839.

Levy

therefor.

the purpose of holding court and returning therefrom ; and that
such mileage be levied and collected as other county charges
for the county are levied and collected.

Aw ACT for the protection of Oysters in Somerset County. — 1839, ch. 224.

Preamble.

WHEREAS, it is represented to this general assembly, that a
destructive practice prevails of catching oysters within the
waters of Somerset county, solely for the purpose of manuring
land, and the destruction of the oysters will be inevitable in
said waters, unless the same be prohibited by law ; therefore,

Oysters not
to be caught
for manure.

SEC. 1. Be if enacted, by the General Assembly of Maryland,
That from and after the last day of April next, it shall not be
lawful for any person or persons to take oysters within the
waters of Somerset county, for the purpose of manuring land.

No person
to purchase
oysters
caught in
Somerset
for manur-
ing.

SEC. 2. And be it enacted, That from and after the last day
of April next, it shall not be lawful for any person or persons
in Somerset county, or for any person or persons whatever, to
purchase any oysters for the purpose of manuring land, from
any person or persons, when said oysters have been caught
within the waters of Somerset county ; Provided, that the per-
son or persons purchasing the same, be acquainted with the
fact that the said oysters were caught as aforesaid.

Penalty.

SEC. 3. And be it enacted, That any person or persons vio-
lating any of the sections of this act, shall be liable to a penalty
of not less than ten dollars, nor more than twenty dollars, to
be recovered before any justice of the peace in Somerset
county, one-half of said penalty, thus to be imposed by said
justice, shall be for the use of the informer, and the other half
for the use of the school fund of Somerset county.

Partition
fences to be
made and
repaired at
joint ex-
po me of
owners.

AN ACT relating to Partition Fences in Somerset County. — 1839, ch. 314.
Be it enacted, by the General Assembly of Maryland, That
partition fences between the adjoining fields of different pro-
prietors now existing, or which hereafter may be established
by mutual consent, in Somerset county, shall be made and re-
paired by the parties respectively owning or occupying the
fields, at their joint and equal expense ; and upon failure of
either party to make or repair and keep in good order, his or
her respective proportion of such fence, or to pay his equal
share of the costs thereof, the party so failing or neglecting
shall be answerable for his proportion of the cost of making or
repairing such fence, to the other, in an action of debt, to be
recovered before a justice of the peace in the manner pre-

Proviso.

scribed for the recovering of small debts out of court ; Pro-
vided, that no person shall be answerable unless the said
fences shall be constructed out of the usual materials, and
in the ordinary way that fences are constructed in the said