BLAIR LEE III, Acting Governor

1479

replacing stakes, buoys, or monuments shall__be accompanied

by a $5 fee for each stake, buoy, or monument. However, one

total fee for any resurvey may not exceed $20. The lessee

shall exercise reasonable diligence in maintaining buoys.

stakes, or monuments but the temporary loss or destruction

of any buoys, stakes, or monuments shall not operate to
permit any unauthorized person to trespass on or remove.
destroy, or disturb oysters on any areas, HOWEVER, IN ANY

ACTIOS AT__LAW INVOLVING AN ALLEGED TRESPASSER ON A LEASED

OYSTER BOTTOM WHERE STAKES, BUOYS, OR MONUMENTS HAVE BEEN

REMOVED, LOST, OR DESTROYED, THE COURT MAY NOT IMPOSE A

PENALTY UPON THE VIOLATOR IF THE COURT DETERMINES AS A__FACT

THAT THE TRESPASS WAS UNINTENTIONAL AND WITHOUT KNOWLEDGE.

4-1118.

(b) A person, other than a lessee, may not remove,
alter, [or] transfer, OR DESTROY any stake, buoy, or

monument on any leased oyster bottom. However, in any

action at-law [where a trespasser on a leased oyster bottom

is charged with--losing or destroying buoys, stakes, or

monuments] --INVOLVING AN ALLEGED TRESPASSER ON A LEASED

OYSTER BOTTOM WHERE STAKES, BUOYS, OR MONUMENTS HAVE BEEN

LOST OR DESTROYED, the court may not impose a penalty upon
the violator if the court determines as a fact that the

trespass was unintentional and without knowledge. ANY

PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBSECTION IS

GUILTY OF A MISDEMEANOR, AND, UPON CONVICTION, IS SUBJECT TO
A FINE NOT EXCEEDING $250.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 2, 1978.

CHAPTER 367

(House Bill 1092)

AN ACT concerning

Montgomery County — Finance Director — Disposition
of Surplus or Unexpended Moneys
MC 268-78

FOR the purpose of authorizing the Director of Finance of
Montgomery County to make certain utilization of
surplus or unexpended moneys.

BY adding to

Article 95 - Treasurer

Section 22B

Annotated Code of Maryland