JOHN LEE CARROLL, ESQUIRE, GOVERNOR

491

or laid down oysters; provided, that portion of the

Proviso.

said waters so planted in, be kept plainly marked

with bushes, stakes or buoys, and any person mali-

ciously removing said bushes, stakes or buoys, shall

be liable to the penalties of this section; and pro-

Proviso.

vided that nothing in this section shall effect the

rights of owners of land to the exclusive use of any

creek, cove or inlet, within their said lands, not ex-

ceeding one hundred yards in width at its mouth,

and any person violating the provisions of this sec-

tion shall be liable to be sued as for damage to any

other property, and upon indictment and conviction

for any such violation shall also be fined not less

than ten dollars nor more than one hundred dollars

Penalty.

for each offence with costs, and in any prosecution

for violating any of the provisions of this section, it

shall not be necessary to prove that the offender was

taking up oysters but only that he was at work in

the waters within the bushes, stakes or buoys afore-

said.

SEC. 5. And be it enacted, That no person other

than actual residents of the State of Maryland shall

Actual resi-

catch clams or terrapins, or haul for or catch fish

dents.

with any seine, of any description, in the waters of

Sinepuxent Bay, or its tributaries, within the limits

of Worcester county, and all persons violating any

of the provisions of this section, upon indictment

and conviction thereof, shall forfeit the boats and all

seines and other instruments used in said violation,

be fined not less than ten dollars, nor more than

Penalty

fifty dollars, for each offence with costs, and be im-

prisoned until same are paid, but said imprisonment

shall in no case continue more than thirty days.

SEC. 6. And be it enacted, That it shall be lawful

for all actual residents of the State of Maryland to

Be lawful.

haul, or fish with a seine of any length or mesh

within the waters aforesaid, except that no seine

containing smaller meshes than one and one-half

inches square may be used from the first day of

November, to the first day of March of any year,

and any person hauling or fishing at the time in

this section named, with a seine containing meshes

smaller than one and one-half inches square, or stop-

ping up any channel thereof, so as to prevent fish