ROBERT M. McLANE, ESQUIRE, GOVERNOR.

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take or catch oysters with rakes or tongs shall be is-

sued to any boat or vessel, which is licensed to take or

catch oysters with scoop, drag, dredge or any similar

instrument.

SEC. 22. And be it enacted, That if any person shall

use any canoe or boat not licensed, as required by the

preceding sections of this article, in taking or catch-

ing oysters with rakes or tongs, he shall upon convic-

tion thereof before a justice of the peace for the county

wherein the offense has been committed, be fined not

less than twenty nor more than one hundred dollars,

Penalty.

and in case of refusing to pay the said fine, said party

shall be confined in the House of Correction for a

period of not less than three months nor more than

three years, and in any such case the boat or vessel

shall be forfeited, and may be condemned, in the dis-

cretion of the judge or justice of the peace, in the

manner provided in section eleven of this act.

SEC. 23. And be it enacted, That all moneys arising
from fines, penalties or forfeitures imposed under this

article shall, upon warrant of the comptroller, be paid

into the treasury and placed to the credit of the oyster
fund, and the comptroller is hereby required to state

State report,
receipts and ex-
penditures.

in his annual report, particularly the receipts and ex-

penditures, en account of said fund, the balance

standing to the credit of the state at the time of

making such report.

SEC. 24. And be it enacted, That the owner or

owners of any land bordering on any of the navigable

waters of this state, the lines of which extend into

and are covered by said waters, shall have the exclu-

Exclusive priv-
liege to owner.

sive privilege of using the same for protecting, sow-

ing, bedding or depositing oysters or other shell fish

within the lines of their own land; and any owner

or owners of land lying and bordering upon any of

the waters of this state, shall have power to locate

and appropriate, in any of the waters adjoining his,

her or their lands, one lot of five acres for the pur-

pose of protecting, preserving, depositing, bedding or

sowing oysters or other shell fish, and that any other

male citizen of full age of the state shall have power

to locate and appropriate and hold one lot of five

acres and no more, in any waters in said state not

located or appropriated; provided thirty days notice

Proviso

in writing shall be given the owner or owners, occu-

pant of occupants of land bordering on said waters