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316
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LAWS OF MARYLAND.
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Fine for vio-
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by the preceding section of this article, in taking or
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lation.
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catching oysters with rakes or tongs, except for pri-
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vate use, he shall, upon conviction thereof before a
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justice of the peace for the county wherein the
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offence has been committed, be fined not less than
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twenty nor more than one hundred dollars, and in
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case of refusal to pay the said fine said party shall
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be confined in the House of Correction for a period
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not less than three months nor more than three
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years.
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SEC 22. And be it enacted, That all moneys
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arising from fines, penalties or forfeitures imposed
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under this article shall, upon warrant of the Comp-
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Fines to be
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troller, be paid into the treasury and placed to the
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paid into
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credit of the oyster fund, and the Comptroller is
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treasury.
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hereby required to state in his annual report, partic-
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ularly the receipts and expenditures on account of
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said fund, the balance standing to the credit of the
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State at the time of making such report.
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SEC. 23. And be it enacted, That the owner or
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owners of any land bordering on any of the navi-
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gable waters of this State, the lines of which extend
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into and are covered by said waters, shall have the
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Have exclur
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exclusive privilege of using the same for protecting,
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sive privilege
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sowing, bedding or depositing oysters or other shell
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fish within the lines of their own land ; and any
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owner or owners of land lying and bordering upon
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any of the waters of this State shall have power to
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Power to lo-
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locate and appropriate in any of the waters adjoin-
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cate five acres
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ing his, her or their lands, five acres, for the pur-
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pose of protecting, preserving, depositing, bedding
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or sowing oysters or other shell fish ; and that any
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other citizen of the State shall have power to locate
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and appropriate five acres in any waters in said
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State not located or appropriated ; provided thirty
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days' notice in writing shall be given the owner or
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owners, occupant or occupants of land bordering
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on said waters proposed to be located, that the
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owner or owners, occupant or occupants, may have
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priority of claim, and if they shall fail to locate or
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appropriate the water mentioned in said notice with-
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in thirty days after receiving the same, then it shall
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be open and free to any one under the provisions of
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this section ; provided, also, that the said location or
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