344

LAWS OF MARYLAND

description shall be reduced to writing under oath,
and recorded at the expense of the parity, in the
office of the Clerk of the Circuit Court of the
proper county, and that the said location and '\ap-
propriation shall not injure, obstruct or impede
the free navigation of any navigable waters ; but
no such location or appropriation shall interfere
with the rights reserved by sections twenty-three
and twenty-four of this act.

Exclusive
right.

23. That if any creek, cove or inlet, not exceed-
ing one hundred yards in breadth at its mouth,
makes into the land or lands, the owner or owners,
or other lawful occupant or occupants, shall have
the exclusive right to use said creek, cove or inlet,
for depositing, planting, bedding and sowing of
oysters and other shell fish, although such creek,
cove or inlet may not be included in the lines of
any patent.

Penalty for
taking embed-
ed oysters.

24. That any person who shall take with a
drag, dredge, scoop, rakes, tongs or any other in-
strument, or by any means or method whatever,
any oysters or other shell fish embedded, plaated,
or sown, in accordance with the provisions of sec-
tions twenty-three and twenty-four, or shall carry
or attempt to carry the same away, shall, on cbn-
viction thereof in a court having jurisdiction in
such case, be deemed guilty of felony, and shall
be sentenced by the Judge of such court to the
penitentiary for a term not exceeding five years,
nor less than one year, at the discretion of the
court.

Oyster fund.

25. That all money arising from the proceeds
of the issue of licenses or from fines, penalties or
forfeitures, imposed under this Article, shall by
the Comptroller be placed to the credit of the
"Oyster Fund ;" and the Comptroller is hereby
required in his annual report hereafter to state
particularly the receipts and expenditures on ac-
count of said fund, and its conclusion at the time
of making said report.

Not to apply.

26. The provisions of this bill shall not apply
to any person or persons who buy the oysters from
any party or parties authorized and licenced to
catch oysters with tongs or rakes ia any of the
waters of this State.