128 



from taking or catching liis or her own planted 

 oysters at any time and with any kind of in- 

 strument, and any person viohiting any of the 

 provisions of this section shall be guilty of a 

 misdemeanor, and ux)on indictment and convic- 

 tion therefor, shall be hned not less than ten 

 nor more than fifty dollars for each offence, 

 with costs. 



down oysters. 



Marked by 

 stakes, &c. 



Sec. 4 And he it enacted. That it shall be 

 lawful for any citizen of Worcester county to 

 Plant and lay stake off , uot exceedlug live acres in any one 

 place in the waters of Synepuxent bay and its 

 tributaries, except uj)on the natural rocks of 

 said bay and its tributaries, and to plant and 

 lay down oysters in said waters so staked off ; 

 and that no person except the ower of said 

 planted or laid down oysters, or his employee, 

 shall work upon or among said oysters, or in 

 the waters so staked off ; provided that, that 

 portion of the said waters in which oysters are, 

 or are intended to be planted or laid down not 

 exceeding five acres in any one place, be kept 

 plainly marked by means of bushes, stakes or 

 buoys ; and any person wilfully or maliciously 

 removing said bushes, stakes or buoys, shall be 

 liable to all the penalties of this section ; and 

 provided further, that nothing in this section 

 shall affect the rights of owners of land to the 

 exclusive use of any creek, cove or inlet within 

 their said lands, not exceeding one hundred 

 yards in width at its mouth ; and any person 

 violating the provisions of this section, or any 

 of them, shall be liable to be sued as 'for dama- 

 ges to any other property, and also to indict- 

 ment by the grand jury of said county, and 

 upon conviction for any such violation shall be 

 fined not less than ten dollars nor more than 

 one hundred dollars, with costs, or imprisoned 

 ndt less than one month nor more than six 

 months in the county jail, or both, at the discre- 

 tion of the court, for each offence ; and in any 

 prosecution for violating any of the provis- 

 ions of this section it shall not be necessary in 

 order to convict, to prove that the offender was 



Fine for vio 

 lation. 



