|
|
CHAP. 367
Repeal and
re-enact.
|
of the Acts of 1904, so far as the same applies to the Patux-
ent river, be and the same is hereby repealed and re-enacted
with amendments, so as to read as follows :
46. The owner of any land in Calvert county, of Mary-
land, bordering on the Patuxent river, shall have the right
|
|
|
|
Privilege
granted to
plant oysterf
etc.
|
to locate and appropriate any waters of said river or its
tributaries adjoining his, her or their lands, one lot of five ,
acres, for the purpose of protecting, preserving, depositing,
bedding or sowing oysters; or any male or female citizen of
said county of full age shall have the right to locate and
appropriate one lot of five acres, and no more, in any waters
of said river or its tributaries; provided, first, that thirty
days' notice in writing shall be given the owner or occupant
of any land bordering on the waters proposed to be located,
and if such owner fails to locate or appropriate to his own
use the waters mentioned in said notice within thirty days
after receiving the same, then it shall be open and free to
any one under the provisions of this section, giving always
the right to the party who shall have given the first
notice; provided, second, that said location shall be marked
by stakes or other designating marks; provided, third,
that said location shall be made by a competent sur-
veyor, describing the same by metes and bounds, and plat
the same, which plat, with its metes and bounds shall be
recorded among the land records of said county; and pro-
vided also, that such location shall not interfere with or
|
|
|
|
Free naviga-
tion of said
waters.
|
impede the free navigation of said waters, and that no
natural bar or bed of oysters shall be located or appropri-
ated. The term natural bar or bed whenever it may appear
is to be construed to be shelly bottoms and where oysters
grow and where persons have resorted to within the last
twelve months prior to the taking up of such lots; and any
person who desires to take up such lot shall file a petition
with the County Commissioners of said county, stating the
location of the lot desired to be appropriated, and the
County Commissioners of said county shall, in their discre-
tion, appoint a commission of three to determine whether or
not the location so desired to be appropriated is a natural
oyster bar or bed; and at the time of making applica-
tion the party desiring to make the location as aforesaid
shall deposit with the said County Commissioners the sum
of ten dollars to pay for any expenses incident to the exami-
|
|
