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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4343   View pdf image (33K)
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said waters, shall have the exclusive privilege of using the same for pro-
tecting, 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 said county shall have power to locate and appropriate
in any of the waters adjoining his or her lands, one lot of five acres for
the purpose of protecting, depositing, bedding or sowing oysters or other
shell fish; and any male or female citizen of full age, provided they are
not members of the same immediate family, 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 of said St. Mary's county 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 claim, and if
such owner or occupant shall fail to locate or appropriate the water men-
tioned in said notice, then it shall be open and free to any one under the
provisions of this section; provided also, that the said location or appro-
priation shall be described and plainly marked by means of bushes, stakes
or buoys; and provided, that no natural bar or bed of oysters shall be so
located or appropriated, and that six months' peaceable possession of all
locations of oyster grounds under the laws of this State shall constitute
a good and sufficient title thereto; but should anyone within six months be

charged with locating or appropriating any natural bed or bar herein-
before prohibited, the question may be at once submitted by any person
interested to the judge of the Circuit Court for said county, who, after
having given notice to the parties interested, shall proceed to hear the
testimony and decide the case, and if his decision be in favor of the party
locating said acres, said decision shall be recorded, and shall in all cases
be conclusive evidence of title thereto; provided also, that if any stakes,
bushes or buoys used as bounds shall he removed by accident or design it

shall not excuse any person from wrongfully taking such oysters if he
knew the grounds to have been located and appropriated; and any person
wilfully or maliciously removing such stakes, bushes or buoys shall be
liable to all the penalties of this Act, but any title or pretended title to

acres, or otherwise contrary to this section, held or claimed by any person,
is hereby declared to be fraudulent and void; provided, that no non-
resident of this State shall be entitled to avail himself of the provisions
of this section, whether he be sole or part owner of any land in St. Mary's

county; and in case of the death of any citizen who may have located and
appropriated any lot under the provisions of this section, his executors or
administrators shall have the exclusive use, possession and control of such
lot as fully as the person so dying had, for the purpose of protecting,

cultivating and removing the oysters planted on said lot for the period of

three years from the date of the death of the person appropriating such
lot; and any person or persons- taking or attempting to take oysters thus
planted or bedded shall be deemed guilty of a misdemeanor, and upon
conviction before a justice of the peace trying the case, shall be fined a

sum not less than fifty dollars nor more than one hundred dollars, and
Imprisoned in the house of correction for a period of three to six months;


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Code of the Public Local Laws of Maryland, 1930
Volume 377, Page 4343   View pdf image (33K)
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