ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

293

appropriation of five acres before the passage of this act, oysters

have been caused to grow where there were no oysters before said

location, that is to say: where there is an artificial bar or bed of

oysters, it shall not be construed to be a natural bar or bed of

oysters, under the provisions of this act.

E. It shall not be lawful for any person or persons to locate or

appropriate any water or bottom thereunder for the purposes set

forth in this act, where the said bottoms are grassy or suitable for

Unlawful.

the catching of crabs; and whenever any person or persons in

Somerset county shall feel himself or themselves aggrieved by the

location of any water or the bottom thereunder, under the pro-

visions of this act, or whenever any water or bottom thereunder

may have been located or appropriated for the purposes aforesaid,

which locations in fact is a violation of the provisions of this act,

said person or persons shall have the right to petition the circuit

court for Somerset county at any time, within twelve months after

May peti-

said location, and cause the said owner or owners of said lot to ap-

tion.

pear by summons in said court; after which said court shall hear

and determine the matters and things set. forth in said petition,

and if the said court should determine that the said lot has not

been located and appropriated according to the provisions of this

act, then the said location shall be declared null and void; and the

said court may hear and determine the said matter either during

the regular terms of said court, or in the recess.

F. Any person who shall wilfully and unlawfully steal, take,

catch or carry away any oysters which may have been planted,

bedded or sown under the existing laws of this State, or who may

hereafter steal, take, catch, carry away oysters planted, bedded or

sown under the provisions of this act, shall on indictment and

Penalty.

conviction in the circuit court for Somerset county be fined not

less than one hundred nor more than five hundred dallars, and

shall stand committed to the jail of Somerset county until the

said fine and costs are paid or be sentenced to the house of correc-

tion for not less than one year nor more than three years in the dis-

cretion of said court; but whenever the owner or owners of any

lot heretofore located, or located under the provisions of this act

shall not maintain and keep up the stakes or other prominent

boundaries provided for in section A of this act for the space of

three consecutive months, so that the boundaries of said lot cannot

be determined, then there shall be no prosecution for removing said

oysters on said lot under the provisions of this section; but when-

ever any person or persons shall intentionally or maliciously break,
tear down or remove any steps or other prominent boundaries which

Malicious-
ly destroy.

have been planted or erected for the purpose of designating the

lines or limits of any lot located as aforesaid, so that the lines and

limits of said lot are obliterated, the person or persons so offending

shall be liable to a fine of not less than twenty-five dollars nor more