162

OYSTERS. [ART. 71.

creek, cove or inlet, when the mouth of said creek,
cove or inlet is one hundred yards or less in width,
and when the said creek, cove or inlet is more than
one hundred yards in width at its mouth, the said
owner or owners or other lawful 'occupant or occu-
pants, shall have exclusive right to use such creek,
cove or inlet so soon as said creek, cove or inlet in
making into said land or lands, shall become one hun-
dred yards in width, for preserving, depositing, bed-
ding or sowing oysters or other shell fish, although
such creek, cove or inlet may not be included in the
lines of any patent.

Ibid s 30
Taking planted
oysters

29. If any person who shall take with a drag,
dredge, scoop, scrape, rakes or tongs, or any instru-
ment whatever, any oysters or other shell fish im-
bedded, planted or sown in accordance with the pro-
visions of sections twenty-seventh and twenty-eighth of
this article, or shall carry, or attempt to carry the
same away, shall be deemed guilty of a felony and be
liable to indictment, and on conviction thereof in any
court in this state having criminal jurisdiction, shall

Penalty

be sentenced by the judge of such court to the peni-
tentiary for a term not exceeding five years and not
less than one year.

Ibid s 31.
State's portion
of fines and
forfeitures.

30. The state's portion of all fines and forfeitures
accruing under this article, shall be paid by the sheriff
or other officer collecting the same, to the clerk of the
circuit court of the county, or the clerk of court of
common pleas of the city of Baltimore, where such
fine or forfeiture may accrue, and such clerk shall
account for the same to the comptroller of the treasury
in his quarterly returns.

Ibid s S2.
Number on
mainsail.

31. All licenses to take or catch oysters with scoops,
scrapes, drags or dredge in the waters of the Chesa-
peake Bay shall be numbered, and the owner or master
of every boat or vessel so licensed shall be required
to have or cause to be printed on the fore or main sail
of such boat or vessel, above the reefing point or upon
a white flag, to be displayed upon some prominent
part of said vessel, at least six feet above the deck, the