1054 OYSTERS—LOCATING LOTS. [ART. 72.

such lot; and any person committing a trespass upon said lot, or
taking oysters bedded thereon, without the consent of such ex-
ecutor or administrator, shall be liable to the penalties imposed

by this article for taking bedded oysters.

1886, ch. 296, sec. 45.

40. If any creek, cove or inlet, not exceeding one hundred
yards at low water in breadth at its mouth, make into the lands,

or if any creek, cove or inlet of greater width than one hun-
dred yards at low water mark, make into the lands, the owner
or other lawful occupant shall have the exclusive right to use
such 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 at low water, the said owner or other lawful
occupant 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 hundred yards in width at low
water, for preserving, depositing, bedding or sowing oysters or

other shell fish, although such cove, creek or inlet may not be
included in the lines of any patent; and in all such cases such
right of the riparian proprietor shall extend to the middle of
such creek, cove or inlet.

Ibid, sec 46.

41. It shall be unlawful, without authority from the owner,
for any person to take or catch planted or bedded oysters,
knowing 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 per-
son violating the provisions of this section shall be deemed
guilty of a misdemeanor, and on conviction in the circuit court
for the county wherein the oysters were bedded, shall be fined
not less than five dollars nor more than fifty dollars, or be sen-
tenced to the house of correction for a term of not less than
three months nor more than one year, at the discretion of the
judge or justice trying the case.