388

LAWS OF MARYLAND.

tributaries, until the first day of May next after
issuing of said license ; provided the applicant
for said license shall satisfy the said clerk, by
his own oath or other sufficient proof, that he is
a citizen of said county, and shall pay to said
clerk the sum of one dollar, to be paid by said
clerk to the county commissioners of Worcester
county, to be expended in the procuring of seed
oysters to be planted in said bay upon the natural

When to take.

rocks thereof as said commissioners may direct ;
and upon taking out said license, and not other-
wise, it shall be lawful for said citizen, so ob-
taining the same, to take and remove oys-
ters from the natural rocks in the waters of said
Synepuxent bay, and its tributaries, included in
the boundaries of said Worcester county, with
rakes and tongs, and not otherwise ; but no per-
son licensed as above, nor any other person, shall
take or remove any oysters from the waters of
said bay, or its tributaries, on any Sunday, or in
the night, at any season, nor during the day
from the first day of May to the first day 'of
September, or any shells from natural rocks of
said bay at any time ; provided that nothing
herein shall be construed to forbid any person
from taking or catching his or her own planted
oysters at any time, or with any kind of instru-
ments ; and any person violating any of the pro-
visions of this section shall be guilty of a mis-

Penalty.

demeanor, and upon indictment and conviction
therefor shall be fined not less than twenty dol-
lars nor more than one hundred dollars for each
offence, and shall stand committed to the jail of
Worcester county till the fine and costs are paid,
or both fined as aforesaid, and imprisoned in the
jail of Worcester county for not less than sixty
days, in the discretion of the court.
SEC. 3. And be it enacted, That it shall be

Lawful.

lawful for any resident citizen of Worcester
county to plant or lay down oysters in any of
the waters of the Synepuxent bay or its tribu-
taries except upon the natural rocks in said bay
or its tributaries, and any person or persons so
planting shall keep the said oysters so planted
staked with stakes, bushes, or buoys, and four
stakes, bushes, or buoys, shall constitute a suffi-
cient quantity to mark said ground so planted —