WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR 351
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by his own oath or other sufficient proof that he is
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Satisfy by
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a citizen of said county, and shall pay to said clerk
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oath or proof
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the Bum of one dollar, to be paid by said clerk to
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the County Commissioners of Worcester county, to
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be expended in the procuring of seed oysters to be
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planted in said bay as the commissioners aforesaid
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may direct; but no person licensed as above, nor any
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other person, shall take or remove any oysters from
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the waters of said bay or its tributaries on any Sunday
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or in the night at any season, nor during the day from
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the first day of May to the first day of September,
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or any shells from the natural rocks at any time ;
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provided that nothing herein shall be construed to
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How con-
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forbid any person from taking or catching his or her
own planted oysters at any time and with any kind
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strued.
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of instrument, and any person violating any of the
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provisions of this section shall be guilty of a misde-
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meanor, and upon indictment and conviction there-
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for, shall be fined not less than ten nor more than
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fifty dollars for each offence, with costs.
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SEC. 4. And be it enacted, That it shall be lawful
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for any citizen of Worcester county to stake off, not
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Plant and
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exceeding five acres in any one place in the waters
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lay down oys-
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of Synepuxent bay and its tributaries, except upon
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ters.
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the natural rocks of said bay and its tributaries, and
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to plant and lay down oysters in said waters so
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staked off; and that no person except the owner of
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said planted or laid down oysters, or his employee,
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Marked by
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shall work upon or among said oysters, or in the
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stakes, &c
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waters so staked off; provided that, that portion of
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the said waters in which oysters are, or are intended
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to be planted or laid down not exceeding five acres
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in any one place, be kept plainly marked by means
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of bushes, stakes or buoys; and any person wilfully
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or maliciously removing said bushes, stakes or buoys,
shall be liable to all the penalties of this section ; and
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provided further, that nothing in this section shall
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affect the rights of owners of land to the exclusive
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use of any creek, cove or inlet within their said lands,
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not exceeding one hundred yards in width at its
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mouth; and any person violating the provisions of
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Fine for vio-
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this section, or any of them, shall be liable to be sued
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lation.
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as for damages to any other property, and also to
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indictment by the grand jury of said county, and
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upon conviction for any such violation shall be fined
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