THE OYSTER INDUSTRY. 175 



'bona fide rtsiclent of the county for tlie twolve montha noxt preceding his apjilication for said license ; that he desires and intends to nse 

 said canoe or boat only in the county in which lie resides, or in the \vaters used in common, as licrcin jirovided in this act; that he will 

 not allow the same to be used for taking oysters by non-residents of the county ; that ho will comply with and obey all the laws of this 

 state, rei'ulating the taking or catching of oysters ; and every person to whom such license shall have been granted, shall paint the number 

 of his canoe or boat on the outside thereof, near the gunwale, in black figures, and not less than three inches in length, and of proportionate 

 width, in a white ground, and no number, other than that in the said license, shall be exposed to view on said canoe or boat; and auy 

 person failin" to comjily with this provision before using said boat or canoe for the purpose aforesaid, shall, on conviction thereof before 

 a justice of the peace, be fined not less than five dollars, nor more than ten dollars, and any person who maj' refuse to pay said fine shall 

 be committed to the county jail for the period of thirty days, or until said fine be paid. 



Sec. '20. The comptroller of the treasury shall cause to be printed and delivered to the clerks of the circuit courts of the several 

 counties, the requisite number of such blank licenses; and the said clerks shall, on the first M<uiday of March aud December, in each 

 yeai', return to the comptroller a list and account of such licenses issued by them ; and no licenses to take or catch oysters with rakes or 

 tongs shall be issued to auy boat or vessel which is lieeused to t.ike or catch oysters with scoop, drag, dredge, or any similar Instrument. 



Sec. 21. If any person .shall use any canoe or boat, not licensed as required by the preceding section of this article, in taking or 

 catchin"- oysters with rakes or tongs, except for private use. he shall, upon conviction thereof, be fined not less than twenty nor more than 

 one hundred dollars ; and in case of refusal to pay the said fine, said person shall be confined in the house of correction not less than three 

 months nor more than three years. 



Sec. 22. All moneys arising from fines, penalties, or forfeitures imposed under tliis article shall, upon warrant of the comptroller, be 

 paid into the treasury and placed to the credit of the oyster-fund. 



Sec. 23. The owner or owners of any land bordering on any of the navigable waters of this state, the lines of which extend into and 

 are covered by said waters, shall have the exclusive privilege of using the same for protecting, sowing, bedding or depositing oysters or 

 other shellfish, within the lines of their own land; and .any owner or owners of land lying and bordering upon any of the waters of this 

 state shall have power to locate and appropriate in any of the waters adjoining his, her, or their lauds, five acres, for the purpose of 

 protecting, jiresei-viug, depositing, bedding, or sowing oysters or other shellfish ; and any other citizen of the state shall have power to 

 locate and ai)proiiriate five acres in any waters in said state not located or appropriated ; provided, thirty days' notice in writing shall be 

 given the owner or owners, occupant or occupants of land bordering on said water proposed to be located; that the owner or owners, 

 occupant or occupants, may have priority of claim, and if they shall fail to locate or appropriate the water mentioned in said notice 

 within thirty days after receiving the same, then it shall be open and free to any one under the provisions of this section ; provided, also, 

 that the said location or appropriation shall be described by stakes, bushes, or other proper and visible metes and bounds, which 

 description shall be reduced to writing under the o.ath of some competent surveyor, aud recorded in the office of the clerk of the circuit 

 court of the county ; and provided, also, that such location aud appropriation shall not injure, obstruct, or impede the free navigation of 

 said waters; and provided, that no natural bar orbed of oyster.s shall be so located or appropriated, and that six months' peaceful 

 possession of all locations of oyster-grounds under the laws of this state shall constitute a good and sufticient title thereto; but should 

 any one, within the six mouths herein provided, be charged with locating or appropriating any natural bed or bar hereinbefore prohibited, 

 the iiuestion m.ay be at once submitted, Ijy auy person interested, to the judge of the circuit court in the county where such questions 

 shiill .arise, who, after haviug given notice to the parties interested, shall proceed to hear the testimony and decide the case, and if 

 decision be in favor of the party locating said five acres, said decision shall be recorded with the original record of said five acres, and 

 shall in all cases be conclusive evidence of title thereto. 



Sec. 24. If any creek, cove, or inlet, not exceeding 100 yards at low water in breadth at its mouth, make into the lands, or that if any 

 creek, cove, or inlet of greater width than lOU yards at low-water mark, make into the lands, the owner or owners, or other lawful 

 oecup,ant or occupants, shiill have the exclusive right to use such creek, cove, or inlet when the mouth of said creek, cove, or inlet is 100 

 yards or less in width, and when the said creek, cove, or inlet is more than 100 yards in width at its mouth at low water, the said owner 

 or owners, or other lawful occupant or occupants, shall have exclusive right to use such creek, cove, or iulet, so soon as said creek, cove 

 or inlet, in making into said laud or lands, shall become 100 yards in width at low water, for jireserving, depositing, bedding, or sowing 

 oysters or other shellfish, although such cove, creek, or inlet may not be included in the lines of any patent. 



Sec. 25. Empowers the board of public works to purchase for each of the guard-boats arms and ammunition. 



Sec. 26. For the more efficient working of the state fishery-force, the wafers of this state shall be divided into seven districts, of 

 which the waters of Kent county and Queen Anne shall be the first; the waters of Queen Anne and Talbot shall be the second; the 

 waters of Dorchester and Talbot, the third; the waters of Wicomico, the fourth; the waters of Sorterset county, the fifth; the waters of 

 Anne Arundel county, the sixth; the waters of Saint JIary, Charles, and Calvert, the seventh; each of the said districts shall be guarded 

 by one sailing-vessel, except the third and seventh, which shall be guarded by two; and it shall be the duty of the deputy commander of 

 the first district to guard the waters of Chester river, belonging to Queen Anne county and the waters of Kent county, including Swan 

 Point liar ; and the duty of the commander of the second district to guard the waters of Eastern bay and its tributaries, and the waters 

 of Talbot county, as far down as Black Walnut point ; and it shall be the duty of one of the deputy commanders of the third district to 

 guard the waters of Choptank river and its tributaries which lay in Talbot county; and the duty of the commander of ^Vlcomico county 

 boat to guard the waters of Wicomico county, aud the line between Somerset and Wicomico county; and the remaining commanders to 

 guard their respective districts; provided, that the board of public works or the commander of the fisherj'-force, are hereby authorized 

 and empowered to order the deputy commanders to do duty in auy of the waters in this state, when, in the judgment of either, they uuiy 

 deem it necessary. 



Sec. 27. The board of public works shall appoint a suitable person to command said force, to appoint the deputy commanders for 

 their respective districts, and the said commander and deputy commanders shall have power to appoint their subordinates and select their 

 crews; .and the term of office of said commander and deputy commanders shall be for two years. 



Sec. 2!:*. The board of public works shall have the power to remove any officer of said force for neglect of duty or incompetency, iind 

 any oliicer commanding in said force shall have the power to remove any subordinate under his command, and appoint a person to fill the 

 T.acancy whenever the interest of said service m.ay, in his judgment, require him to do so. 



Sec. 29. The board of public works shall keep the steamer aud said vessels in good order, and the treasurer of the state, upon 

 requisition of the said board, and the warrant of the comptroller, is directed to pay sums necessary to carry out the provisions of this act. 



Sec. 30. The commanding oflicer of the steamer may be selected from the state at large, but the deputy comm.andcrs shall be selected 

 from the districts in which they are to serve. 



Sec. 31. The commanding officer is required to keep his vessel constantly ou duty when circumstances will permit; every locality 



