254

LAWS OF MARYLAND.

the preceeding sections of this article, in taking or

catching oysters with rakes or tongs except for

private use, he shall, upon conviction thereof before

a justice of the peace for the county wherein the

offence has been committed, be fined not less than

twenty nor more than one hundred dollars, and in-

case of a refusal to pay said fine, said party shall be

committed to the county jail for six months or until

said fine be paid.

Moneys

SEC. 22. And be it enacted, That all moneys arising

from the sale of licenses or from tines, penalties and

forfeitures imposed under this article, shall, upon,

warrant of the Comptroller, be paid into the Treasury

and placed to the credit of the oyster fund; and the

Comptroller is hereby required to state in his annual

report particularly the receipts and expenditures on

account of said fund, and the balance standing to

the credit of the State at the time of making such

report.

Exclusive

SEC. 23. And be it enacted, That the owner or own-

privilege

ers of any land bordering on any of the navigable

waters of this State, the lines of which extend into

and are covered by said waters, shall have the ex-

clusive privilege of using the same for protecting.

sowing, bedding or depositing oysters or other shell-

Bordering on
waters.

fish, within the lines of their own land ; and any

owner or owners 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 lands, five acres, for the purpose of

protecting, preserving, depositing, bedding or sow-

ing oysters or 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

Proviso

located or appropriated; provided, thirty days no-

tice in writing shall be given the owner or owners,

occupant or occupants of land bordering on said

water proposed to be located, that the owner or

owners, occupant or occupants, may have priority of

claim, and if they shall fail to locate or appropriate

the water mentioned in said notice within thirty

days after receiving the same, then it shall be open

and free to any one under the provisions of this sec-

Proviso

tion; provided, also, that the said location or appro-

priation shall be described by stakes, bushes or other