1829.
LAWS OF MARYLAND.
CHAP. 87.
Non-user.
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and the neglect or failure of such depositing, bedding,
or sowing,
shall be deemed and held to be a non-user, and the said
depot, in that event, may be adopted and appropriated by any
other citizen as aforesaid, for the purposes of this act, in the
[sammer] as if the said depot had been vacant, and subject
to the like limitations, conditions and penalties, as are contained
herein and provided for.
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The foregoing
section not to extended
to the waters
of the Western
Shore.
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Sec. 4. And be it enacted,
That the foregoing sections of
this act shall not be construed to extend in any manner whatever,
to the waters of the Western Shore of this state.
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Penalty for taking
oysters from depots
on Western Shore
waters.
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Sec. 5. And be it enacted,
That it shall not be lawful for
any person or persons, to take, catch, carry away, or otherwise
destroy, any oysters or other shell fish which may have
been, or may hereafter be, planted, placed, or otherwise deposited
on the bed of any of the bays, rivers, creeks, or their
tributary streams, on the Western Shore of this state, without
the consent of the person or persons, who may have planted,
or may hereafter so plant, place, or otherwise deposit the
same, (subject to the restrictions hereafter mentioned) under the
penalty of fifty dollars, for each and every offence, which penalty
shall be recoverable before [the] justice of the peace, in the
same manner as small debts are, or shall be, recoverable by
law, one half to the use of the informer, and the other half for
the benefit of the School Fund of the county where the offence
shall have been committed.
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Other than citizens
of the county
prohibited from
taking oysters, &c.
—penalty.
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Sec. 6. And be it enacted,
That it shall not be lawful for
any person or persons, other than the citizens of the counties bordering
on [same] waters, to form beds of, or otherwise deposit,
or to take, catch, carry away, or otherwise destroy, any oysters
or other shell fish, within three hundred yards of low water
mark, of either shore of said bays, rivers, or creeks.
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Proprietors may
join depots.
Limitation.
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Sec. 7. And be it enacted,
That the citizens of the counties
binding on said waters may join beds, or otherwise deposit,
oysters or other shell fish, within the said prescribed limits;
Provided, no one person shall have the right to appropriate
to
himself, or herself, more than two acres superficies, which shall
be so designated as not to interfere with, or in any manner
whatever obstruct the hauling of seines, or any purposes of
navigation.
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Right to inlets, &c.
Proviso.
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Sec. 8. And be it enacted,
That where any creek, cove, or
inlet, makes into the land of any owner, or other lawful occupant
of the same, which creek, cove or inlet, does not at its
mouth exceed one hundred yards in breadth, such owner, or
other lawful occupant, shall have the exclusive right to use the
same; provided nothing herein contained shall be construed so
as to authorise any obstruction the hauling of seines, or any purposes of
navigation.
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Right to form oyster
beds common
to the citizens of
the state.
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Sec. 9. And be it enacted,
That the right to form beds, or
otherwise deposit oysters or other shell fish, within the waters
of this state, and to use the same, (except as hereinbefore excepted,)
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