Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1902-04-26

cause to be filed in the clerks office
of the county court OF the county
wherein the ground is located a sur
yey or surveys Of the same, and when
the action Of said board shall have
become final all area embraced in
such survey or surveys OF barren
area shall be construed, In all the
courts of this commonwealth, to be
barren area and disposable by the
commonwealth for the purpose OF
planting and propagating oysters
thereon according to law, and so soon
as the action of said board becomes
final, said inspector shall be author
lied to lease said ground out for
planting purposes according to law.
The action of said board shall be fin
al as to said ground after four months
from the date of the receipt by said
inspector of the aforesaid certificate
from said board; provided, however,
that not less than twenty-five
residents of this State may within
said four months file in the clerks
Office of the county court OF the
county wherein said ground is 10
Gated, petition in writing, under
oath, alleging that ten or more ada
cent acres of natural oyster beds,
rocks, or shoals have been included
in said ground, describing the loca-
ton OF same by plat, or as near as
NAV be with reasonable certainty by
such landmarks as will locate and
designate the rocks, bed or shoals so
included as aforesaid.
The said clerk shall docket the
same in the county court, and at the
newt term of the said court the judge
thereof shall appoint three commits
sioners. who shall be persons who
have not been in any way connected
with the examination and determl-
nation OF the character of the said
ground, and shall by its order direct
them to ascertain and report to the
court whether the facts contained In
the said petition are true.
The said commissioners shall view
and examine the alleged oyster rocks.
bed or shoals, and to that end may
employ a competent surveyor to sur
vay the same at the same rate paid to
the county surveyor by law for similar
services. administer an oath to and
examine suCu MlbhVo SCo 90 iH"J ~
pear before them, and make report
to the court.
If the said commissioners shall re-
mort that less than ten adjacent acres
Of natural oyster rock, bed or shoals
have been included in said ground,
the said petition shall be dismissed
at the cost of the petitioners; but il
the said commissioners shall ascer-
tain and report to the court that ten
or more adjacent acres of natural
ovster rocks, bed or shOal have been
included in said ground, they shall
designate the same by plat or other
wise with reasonable certainty in
their said report, which report shall
be spread upon the records OF the
said court, and by the clerk certified
to the said board OF fisheries. There
upon the said board shall direct a
survey under the direction of said
commissioners to be made OF the
area designated as natural rock, bed
or shoal in the report OF said COM
missiopers, and shall cause such sur
yev to be filed in the clerks office OF
said court as the Baylor survey was
filed, and when so filed 1t shall Ce
conclusive evidence in all the courts
of this commonwealth that the area
embraced therein is natural oyster
bed. rock or shoal. The cost of the
proceeding in the county court shall
be paid by the commonwealth, If
the said commissioners shall report
10 favor of the petitioners.
r All cost of said application
or applications, including all meet
ings OF the board of fisheries
occasioned thereby, which meet
ings shall be held in the county
wherein said ground is located, if
uncontested, shall be borne by the
applicant or applicants; and If such
application be contested, all add.
tional cost of every kind occasioned
by such contest shall be borne either
by the applicant or the contestant,
and as between the applicant and
contestant, said board shall judge
cost in favor OF the party substan-
italy prevailing.
6. Every applicant under this act
shall have prior right to lease so
much of said ground applied for by
him as may be adjudged planting
ground, until thirty days after the
action of said board shall have be-
come final.
7. This act shall apply only to the
eastern or ocean side OF the county
Of Accomac.
s. All acts or parts of acts in con
flct herewith are hereby repealed.
9. This act shall be in force from
it's passage.