978

LAWS OF MARYLAND.— 1829.

shall be described in writing, under the oath or affirmation, and
recorded at the cost of the party applying, in the office of the
clerk of the proper county : And provided also, that the said
location and appropriation, shall not injure, obstruct, or impede

Navigation
protected.

the free navigation of any estuary or navigable stream in this
state.

Bight of
pre-emption
along shore,

SEC. 2. And be it enacted, That the proprietor of the adjacent
shore shall have a right of pre-emption for one acre of super-
ficies, extending along the shore from the ordinary low water
mark, in the direction of the main channel, to be equi-lateral, or
as nearly square as the situation and circumstances may admit
of, subject, however, to the limitations herein before contained :

Conditions
stipulated.

And provided, that the said location shall be selected and com-
pleted on or before the first day of January next : And provided

Right to
inlets, &c.

also, that no person or persons, other than the citizens of the
county into which any creek or inlet may run, or extend, from
any bay, sound, river, or other main stream, shall be entitled to
select, stake out, and use, any part or portion, of any such creek
or inlet, so running into, or being encompassed on either side by
any one county ; and that any proprietor, into whose land a
creek, cove, or inlet, may make, which at its mouth does not
exceed one hundred yards in width, shall have the exclusive
right of such creek, cove, or inlet, for the deposite and use of any

Proviso.

oysters or other shell fish : Provided always, that no such selec-
tion or exclusive use of any oyster bar or bars, shall be autho-
rized or allowed by this act.

Taking
oysters, &c.
from depots
declared a
misde-
meanor.

SEC. 3. And be it enacted, That it shall not be lawful for
any person or persons, to catch, or take any oysters or other
shell fish, within the limits or adopted depot, of any citizen of
this state, as described by this act, without permission first had
and obtained from the proprietor of such depot; and any such
taking, either by day or by night, shall be deemed and held in
law to be a trespass, and deemed a misdemeanor in the cases

Proviio.

herein after mentioned: Provided however, that the proper
owner of such depot shall keep up, from year to year, and shall
annually deposite, bed, or sow thereon, a quantity of oysters or
other shell fish, for improvement, as contemplated by this act,
sufficient to preserve the increase and growth of such oysters or
shell fish, in the depot so selected, as aforesaid ; and the neglect
or failure of such depositing, bedding, or sowing, shall be deemed

Non-user.

and held to be a non-user, and the said depot, in that event,
may be adopted and appropriated by any other citizen as afore-

(*same
manner)

said, for the purposes of this act, in the summer* as if the said
depot had been vacant, and subject to the like limitations, con-
ditions and penalties, as are contained herein and provided for.