The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-03-19
NEW SECTION ADDED
Provisions aud Conditions Required
For Leasing Bottoms. "cIerk of
the Superior Court is Stricken
Out of the Old Law, and A.
mendment Inserts "0yster
commissioner" or His
Assistants.

Several far reaching changes were
made in the law relative to the oyster
industry in North Carolina by the
Legislature, one of the more import
ant being the revision which grants
certain powers to the Oyster Comrnis-
siner and his assistant, heretofore
given only to the clerks of the Su-
perior courts.
The other amendments apply to the
issuing of licenses, the penalty for
working nonresident laborers in oys-
ter beds, and the leasing of bottoms
The section prohibiting the shipping
of oyster shells out of the State was
abolished.
The act passed was to amend and
supplement chapter Sic, of the laws
of 1908, in relation to the oyster in
dustry. The first change is in section
IL, which provides that Musseled oys-
ters must not contain more than ten
per cent Of shells or small oysters
under regulation size, and the new
act strikes out "ten" and inserts in
lieu thereof the word five" The
new law provides that any person who
has been a resident of North Carolina
for two years and is over twenty-one
years of age may lease or enter not
more than fifty acres of any bottom
where oysters do not naturally grow
or on any ground There there is not
a sufficient growth of oysters to justi-
fy the gathering of the same for
profit. He is required to advertise
the fact for four weeks in the county
in which the bottom is located. APP
plication for such land shall be made
to the clerk of the court. who shall
appoint a man, the applicant to
choose another. which two shall APP
point the third man and the three
shall constitute a Board of Arbitra-
ton to inspect the bottom to be leased,
and if they find the same subject to
lease and so report to the clerk then,
the clerk shall! issue a lease. The
bottom shall be surveyed, all costs
to be paid by the lessee who shall
also pay yearly rental of fifty cents
per acre. this rental to be paid to the
Oyster Commissioner and goes to the
benefit of the oyster fund A failure
to pay rental for two years shall
render the lease null and void. No
lease shall be issued for any ground
! closer than two hundred yards to any
natural oyster bed.
All but three lines of section six is
stricken out and the new section reads
/ as follows:
son to catch oysters from the public
grounds of the State without first OBJ
| tanning a license so to do, and no per-
| son shall be licensed for this purpose
| who is owner. lessee, master, captain
mate or foreman or who owns an in
| terest in or who is an agent for any
/ boat which is used or that may be
used in dredging oysters from the
public grounds of the State who is
| not a bonafide resident of this State.
and who has not continuously resid-
/ ed therein for two years preceding the
j date of his application for license. and
no nonresident shall be employed as
i a laborer on any boat licensed to
| dredge oysters under this act, who
| has an interest in and receives any
| profit from oysters caught by any
boat permitted to dredge oysters on
| the public grounds of the State. Any
| person. firm or corporation. employing
| any nonresident forbidden by this
act, unon conviction shall be fined not
i less than fifty dollars nor more than
I, five hundred dollars.
! Section %, is amended so that
i ''coon" oysters may be taken onIv
from October 1st to May LIST of each
wear. in the waters Of Onslow and
Carteret counties
An important change in the law is
the striking out of the words CLERK
Of the Sunerior Court or Clerks Of
the Superior Court" wherever they
occur. and inserting in lien thereof
the words "Ovster Commissioners.
Assistant oyster Commissioners or in
snectors." so as to take from the
clerks of tho Superior court the pow
err and authority to grant license as
nrovided in the law and to emDower
the oyster Commissioners Assistant
Oyster Commissioner and Inspector
to grant such licenses; and the new
act empowers and yes WIN