105 



article, in taking or catcliing oysters with rakes 

 or tongs, except for private use, lie shall, upon 

 conviction thereof before a Justice of the Peace 

 for the county wherein the oifence has been 

 cornniittecl, be find not less than twenty nor 

 more than one hundred dollars ; and in case of 

 refusal to pay the said fine, said party shall 

 be contined in the House of Corjection for a 

 period not less than three months, nor more 

 than three years. 



B'ine for vio- 

 lation. 



Sec. 22. And be it enacted. That all moneys 

 arising from lines, penalties or forfeitures im- 

 posed under this article, shall, upon Avarrant 

 of the Comptroller, be paid into the Treasury 

 and placed to the credit of the Oyster Fund ; 

 and the Comptroller is hereby required to state 

 in his annual report, particularly, the receipts 

 and expenditures on account of said fund, the 

 balance standing to the credit of the State at 

 the time of making such report. 



Fines to be 

 paid into treas- 

 ury. 



Sec. 23. And he it enacted. That 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 sive privilege 

 using the same for protecting, sewing, bedding 

 or depositing oysters or other shell hsh, within 

 the lines of their own land ; and any owner or 

 owners of land lying and bordering ux)on any 

 of the waters of this State shall have power to 

 locate and appropriate in any of the waters 

 adjoining his, her, or their lands, five acres, 

 for the purpose of protecting, j3i'6**^€^i'ving, de- 

 positing, bedding or sowing oysters or other 

 shell tish ; and that any other citizen of the 

 State shall have power to locate and appro- 

 priate five acres in any waters in said State not 

 located or apjjropriated ; provided, thirty days 



Power to lo- 

 cate five acres. 



notice in writing" shall be 



given 



the owner or 



owners, occupant or ()ccui)ants of land boi'der- 

 ing on said water pro})osed to be loc^ated ; that 

 the owner or owners, occuioant or o(;ciii)ants, 



