THE OYSTER INDUSTRY OF MARYLAND. 
253 
The act of 1865 (ch. 161), by which was adopted the oyster-license system, affected 
to some extent the planting' regulations by increasing the limit of preemption to 5 
acres, but it required the preemptor to be a resident land-owner. Thus each of the 
three provisions authorizing persons to plant oysters required the preemptor to be 
the owner of lands on the foreshores. But in 1867 the provision authorizing the pre- 
emption of 5-acre lots was extended (taking effect January 1, 1868) to any citizen 
without reference to his ownership of lands bordering the water. 
As the regulations expressly forbade the preemption of natural reefs, many loca- 
tions after being planted on at much expense were, even after a lapse of two or three 
years, claimed by the oystermen to be natural beds, and were thereupon thrown open 
for the use of the public. This resulted in some hardships and in much ill-feeling 
between the planters and the neighboring oystermen. In order to remedy this the 
general assembly provided in 1874 (ch. 181) that six months’ peaceable and legal 
possession should constitute a good and sufficient title to the ground so far as was 
authorized by previous enactments, even though such location should be a natural 
reef, and in 1884 peaceable possession for twelve months was required. 
By act of 1876 (ch. 277) an exception was made to the general planting law and 
each citizen of Worcester County was authorized to preempt of the barren grounds 
within the waters of that county an area not exceeding 5 acres for oyster-planting 
purposes, and to hold the location by keeping it plainly marked with bushes, stakes, 
or buoys, without being required to record a description thereof. 
The act of 1890 (ch. 269) provided an elaborate planting law for Somerset County, 
in which the appointment was authorized of a body to be known as u oyster commis- 
sioners,” who should, when requested so to do, examine and determine whether a 
desired location is a natural oyster-reef. Further provision was made in reference to 
fees to be paid, transfer of title, etc., also the following: “It shall not be lawful for 
any person or persons to locate or appropriate any water or bottom thereunder for 
the purposes set forth in this act, where the said bottoms are grassy or suitable for 
the catching of crabs.” But this entire act was repealed at the next session of the 
general assembly (L. 1892, ch. 662) and the general planting law was reestablished in 
that county. 
It was provided by act of 1888 (ch. 505) that in case of the death of the pre- 
emptor of a lot his executors or administrators should have exclusive use of the loca- 
tion for three years. Prior to that enactment the lot and the oysters thereon reverted 
to the public immediately on the death of the owner, so far as the law was concerned, 
but in practice more liberality prevailed. A regulation local to Kent and Queen Anne 
counties was enacted in 1890 (ch. 333) permitting a preemptor in case of insolvency to 
assign his lot for a period of three years. Except under one of these two provisions no 
authority at present exists for a transfer of title to an oyster-planting lot in Maryland. 
From a perusal of the foregoing it is observed that the only changes of material 
value made in the planting regulations of this State since the original enactment of 
sixty-three years ago is an extension of the preemption limit from 1 to 5 acres. 
Except in Worcester County, in which the previously mentioned local enactment 
of 1876 is in force, the oyster-planting law now operative in Maryland is as follows : 
The owner 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 his own 
land; and any owner of land lying and bordering upon any of the waters of this State shall have 
