1580 OYSTERS. [ART. 72

less than one hundred yards wide, the right to said bed is no longer good
as against the riparian owner. Equity has Jurisdiction to protect and en-
force the rights of a riparian owner under this section, subject to the right
of the original owner of the bed to remove oysters already planted, within
a reasonable time. Powell v. Wilson, 85 Md. 358.

Cited but not construed in Windsor v. State, 103 Md. 613.

See notes to sec. 47.

1904, art. 72, sec. 49. 1894, ch. 380, sec. 48. 1896, ch. 418.

50. It shall be unlawful, without authority from the owner, for
any person or persons to take or catch planted or bedded oysters, know-
ing them to be so planted or bedded, or to remove, break off, destroy, or
otherwise injure or alter any stakes, bounds, marks, buoys or other
designation of any of said beds; any person or persons violating the
provisions of this section or section 49 of this article shall be guilty of
a misdemeanor and upon conviction thereof before the circuit court or
a justice of the peace for the county where the oysters were bedded
shall be liable to the fines and penalties in section 47 of this article.

Ibid. sec. 50. 1894, ch. 380, sec. 49.

51. Any person convicted before a justice of the peace under any
of the preceding provisions of this article shall in all cases have the right
of an appeal to the circuit court for the county.

No appeal lies from the judgment of the circuit court under this section,
whether the justice had jurisdiction or not. Messick v. State, 82 Md. 585.

No appeal lies from the determination, in accordance with section 47, of
the circuit court that an appropriated bed is a natural bed, and setting aside
the location. Jackson v. Bennett, 80 Md. 77.
See sec. 29.

Craighill Channel.

Ibid. sec. 51. 1894, ch. 380, sec. 50.

52. Any person dragging, raking or dredging for oysters within
five hundred yards of either edge of the new channel at the mouth of
the Patapsco river, known as the Craighill channel, extending from the
seven-foot knoll to the mouth of the Magothy river, or within five hun-
dred yards of either edge of the cut-off connecting the Brewerton and
Craighill channels, shall forfeit his boat or vessel; and it shall be lawful
for any justice of the peace of the county or city in which such person
shall be arrested to try such person, and on conviction to condemn said
boat or vessel and sell the same on five clays' notice and fine the said
offender a sum not less than five dollars nor more than twenty-five dol-
lars for each and every offense; and the said justice of the peace shall
pay over one-half of said fines and forfeitures to the informer and the
other half to the school board of said county or city.

Patuxent.

Ibid. sec. 52. 1904, ch. 467, sec. 1.

53. It shall be unlawful to take or catch oysters with rakes or
tongs in the waters of the Patuxent river between the first day of April
and the thirtieth day of September, inclusive; provided, that nothing