THOMAS KING CARROLL,
ESQ. GOVERNOR.
1829.
creeks, or coves, any area, not exceeding one acre
in extent,
for the purpose of depositing, bedding, or sowing any oysters,
or other shell fish, either for domestic use or exportation; and
all oysters or other shell fish, so deposited, bedded, or sowed,
or contained therein, or upon the bottom of such area or superfices,
shall be deemed and held in law as the proper estate
and rightful property of the person who ensued the same to
be so located or appropriated and deposited, bedded or sowed
therein, as aforesaid; Provided however, that the same location
or appropriation shall be indicated and distinctly defined
by stakes, bushes, or other proper marks, or metes and
bounds; which indication and defination shall be described in
writing, under the oath or affirmation and recorded at the
cost of the party applying, in the office of the clerk of the proper
county; and provided also, that the said location and appropriation,
shall not injure, obstruct or impede the free navigation
of any estuary or navigable stream in this state.
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CHAP. 87.
Made individual
property.
Must be staked off
—recorded.
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Sec. 2. And be it enacted,
That the proprietor of the adjacent
shore shall have a right of pre-emption for one acre of
superficies, extending along the shore from the ordinary low
water mark, in the direction of the main channel, to be equilateral,
or as nearly square as the situation and circumstances
may admit of, subject, however, to the limitations hereinbefore
contained; And provided, that the said location shall be selected
and completed on or before the first day of January next;
And provided also, that no person or persons, other than the
citizens of the county into which any creek or inlet may run,
or extend, from any bay, sound, river, or other main stream,
shall be entitled to select, stake out, and use, any part or portion,
of any such creek or inlet, so running into, or being encompassed
on either side by any one county; and that any proprietor,
into whose lane a creek, cove, or inlet, may make,
which at its mouth does not exceed one hundred yards in
width, shall have the exclusive right of such creek, cove, or
inlet, for the deposit and use of any oyster, or other shell fish;
Provided always, that no such selection or exclusive use of
any
oyster bar or bars, shall be authorised or allowed by this act.
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Right of pre-emption
along shore.
Condition stipulated.
Right to inlets, &c.
Proviso.
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Sec. 3. And be it enacted,
That it shall not be lawful for
any person or persons, to catch, or take any oysters or other
shell fish, within the limits or adopted depot, of any citizen of
this state, as described by this act, without permission first
had and obtained from the proprietor of such depot; and any
such taking, either by day or by night, shall be deemed and
held in law to be a trespass, and deemed a misdemeanor in the
cases hereinafter mentioned; Provided however, that the proper
owner of such depot shall keep up, from year to year, and
shall annually deposit, bed, or sow thereon, a quantity of oysters
or other shell fish, for improvement, as contemplated by
this act, sufficient to preserve the increase and growth of such
oysters or shell fish, in the depot so selected, as aforesaid;
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Taking oysters,
&c. from depots,
declared a misdemeanor.
Proviso.
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