LAWS OF MARYLAND.— 1829.

979

SEC. 4. And be it enacted, That the foregoing sections of
this act shall not be construed to extend in any manner what-
ever, to the waters of the western shore of this state.
SEC. 5. And be it enacted, That it shall not be lawful for
any person or persons, to take, catch, carry away, or otherwise
destroy, any oysters or other shell fish which may have been, or
may hereafter be, planted, placed, or otherwise deposited on the
bed of any of the bays, rivers, creeks, or their tributary streams,
on the western shore of this state, without the consent of the
person or persons, who may have planted, or may hereafter so
plant, place, or otherwise deposite the same, (subject to the re-
strictions hereafter mentioned) under the penalty of fifty dollars,
for each and every offence, which penalty shall be recoverable

The forego-
ing section
not to be
extended to
the waters
of the
western
shore.
Penalty for
taking
oysters from
depots on
western
shore
waters.

before the* justice of the peace, in the same manner as small
debts are or shall be, recoverable by law, one-half to the use of
the informer, and the other half for the benefit of the school
fund of the county where the offence shall have been com-
mitted.

(*a)

SEC. 6. And be it enacted, That it shall not be lawful for any
person or persons, other than the citizens of the counties bor-
dering on same* waters, to form beds of, or otherwise deposite,
or to take, catch, carry away, or otherwise destroy, any oysters
or other shell fish, within three hundred yards of low water
mark, of either shore of said bays, rivers, or creeks.

Other than
citizens of
the county
prohibited
from taking
oysters, &c
penalty.
(*said)

SEC. 7. And be it enacted, That the citizens of the counties
binding on said waters may join beds, or otherwise deposite,
oysters or other shell fish, within the said prescribed limits:
Provided, no one person shall have the right to appropriate to
himself, or herself, more than two acres superificies, which shall
be so designated as not to interfere with, or in any manner
whatever obstruct the hauling of seines, or any purposes of
navigation.

Proprietor!
may join
depots.
Limitation.

SEC. 8. And be it enacted, That where any creek, cove, or
inlet, makes into the land of any owner or other lawful occu-
pant of the same, which creek, cove or inlet, does not at its
mouth exceed one hundred yards in breadth, such owner, or
other lawful occupant, shall have the exclusive right to use the

Right to
inlets, &c.

same ; Provided, nothing herein contained shall be construed so
as to authorize any obstruction to the purposes of navigation.

Proviso.

SEC. 9. And be it enacted, That the right to form beds, or
otherwise deposite oysters or other shell fish within the waters
of this state, and to use the same, (except as herein before
excepted,) shall be in common to each and every citizen of
this state.

Right to
form oyster
beds com-
mon to the
citizens of
the state.

SEC. 10. And be it enacted, That in taking or catching any
oysters or other shell fish, it shall not be lawful for any person
or persons, to use (except in the Chesapeake bay and Potomac

Large
prohibited.