ART. 72] LOCATING OYSTER LOTS. 1577

and they shall arrest and bring to trial all persons found violating any
section of this article and cause them to be tried and .punished as pro-
vided by law.

Under the act of 1886, ch. 296, section 41, officers of the state fishery force
had authority to arrest without a warrant. A written charge need not be
filed with the magistrate. Kane v. State, 70 Md. 548.
As to fish and fisheries, see art. 39.
See notes to sec. 34.

1904, art 72, sec. 45. 1894, ch. 380, sec. 45. 1900, ch. 380. 1904, ch. 259.
46. The commander of said force shall have control and direction
of said force, under the supervision of the board of public works, with
power to direct its movements, and shall have an office, to which place
all complaints and applications for assistance shall be addressed, and
it shall be his duty to have kept an itemized account of all expenses and
disbursements of said force and same report monthly to the board of
public works, accompanied by proper receipts and vouchers. The said
commander shall be permitted to have a clerk at a salary of one thou-
sand dollars per annum; said clerk shall remain at the office in Annap-
olis and issue, by power, all orders necessary for the proper maintenance
and supply of said force; he shall, as often as practicable, hold consulta-
tion with said commander and take orders from him for the duties which
he is to perform, and in the absence of said commander he shall, as
required by the said commander, report fully to the board of public
works.

Locating Oyster Lots.

Ibid. sec. 46. 1894, ch. 380, sec. 46. 1898, chs. 18 and 274. 1904, ch. 598.
1906, ch. 367. 1908, ch. 529.

47. The owner 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 exclusive privilege of using the same for protect-
ing, sowing, bedding or depositing oysters or other shell fish within the
lines of his own land; and any owner of land lying and bordering upon
any of the waters of this State shall have power to locate and appro-
priate in any of the waters adjoining his lands one lot of five acres
for the purpose of protecting, preserving, depositing, bedding or sowing
oysters or other shell fish; and any male or female citizen of full age,
of the county wherein he or she resides, shall have power to locate and
appropriate and hold one lot of five acres and no more in any waters in
this State not located or appropriated; provided, thirty days' notice in
writing shall be given the owner or occupant of land bordering on said
waters proposed to be located, that the owner or occupant may have
priority of claim; and if such owner or occupant 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 section; provided, also that the said location or
appropriation shall be described by stakes, bushes and with the name of