The citizen. (Frederick City, Md.) 1895-1923, 1906-05-04
PUBLIC GENERAL LAWS.


nave been filed or directed to be filed,
as hereinafter provided; the said re-
port To be filed by the clerks of the
several counties in "A book kent for
that purpose. And the said survey
ana report, when filed. subject 10 the
right of appeal hereafter provided for
IN this Act. shall be taken in all of the
courts OF this State as conclusive evil
dencc of the boundaries and limits OF
an natural oyster beds. bars and rocks.
lying within the waters of the county
WhSreln such survey and report are
nleu' ana shall be construed to mean
IN an of the said courts that there
are no natural oyster beds bars or
rocks lying within the waters of the
counties wherein such report and sur
NvN are filed. other than those en-
bfaced in the survey authorized by
inns Act. ami that all areas of the
CheSapeake Bay and Its Tributaries
wlthiA the state of Maryland. not shown
IN the survey to be natural oyster beds.
hars or rocks, shall be construed in ali
the Courts of the State to be barren
bottoms. and open for disposal by the
state Tor the purpose of private plant
ms or propagation Of oysters thereon
under the provisions of this Act. pro-
Niued that the said survey and renort
shaH not be SO construed as to effect
IN any manner the holdings by citizens
OF this State in any lot which may have
been appropriated or taken up under
the laws OF this State prior to the an
prevail of this Act
Ntttl'll ~. ! he SAID board, in aefln-
ing the natural beds and bars. shall eX-
erclse its judgment literally in favor
OF the natural beds and bars. and allow
Seasonable margin Of the barren bot
toms rather than Cncroach on "a natur-
al bed or bar. The natural beds or
bars shall be bounded by straight lines.
even though some portions of barren
bottoms may thus be necessarily in
Guided within such lines.
Section 81 If residents OF any conn
exceeding N-fp N
snail, within four months after the
| ming OF said survey and report in such
county, file IN the Circuit Court for said
county a petition. in writing. attested
by the oath of someone or more of the
petitioners. alleging that five or more
adjacent acres uf oyster beds. bars or
rocks, IN such county, have been omit
tea from such survey. or that five or
more acres of barren bottoms have been
| included in such survey. and desig-
natlng the location of same by a plat,
or as near as may he with reasona blet
certainty by such land marks as will
locate and designate the beds alleged
to have been omitted or included n
judge or the Circuit Court for the said
county. after due notice given to the
Board of S.ell Fish Commissioners shall
proceed TO hear testimony and decide
the case. as provided in the succeeding
section but this section shall not APP
ply where the ground claimed by the
| petitioners has been legally taken up
prior 10 the approval of this Act
Section o.. Upon hearing case pre-
scented by petition under the preceding
section. the Judge shall determine the
| question whether the ground referred
TO in said petition is n natural bed or
| barren bottom and his finding on said
| question shall be final. and shall be en-
| tered upon the records of the Board
| of Shell Fish Commissioners in their
Office i'm the city of Annapolis, and
properly marked on the copies OF the
/ plats as hcreinhefore required,
Section %. Such amended survey
shall be filed In the offices of the
Clerks OF the Circuit Court for the
counties in which the original surveys
| herelnhcforc provided are required to
| he FLED. and when so filed, shall be
| conclusive evidence in all the Courts of
this state as to whether the area en-
! hraced therein is or is not q natural
! oyster bed, bar or rock.
Section a. Whenever petition is
filed in the Circuit Court for any
| county. as authorized in section 81
/ of this Act the parties so petitiouing
| shall deposit twenty-five dollars. to
! be returned to the petitioners if the
| Judge shall determine in favor of the
! petitioners, but if the Judge shall de-
| termine adversely to the petitioners.
then said sum TO be applied so far
! as necessary. to the payment of costs
| petition. and the balance to be re-
| turned to said petitioners.
J Section 95. The said board shall be
! authorized to call to their assistance
| the County Surveyor of any county,
| whenever in their judgment his as
! sistance is necessary, and shall pay
/ him for his services such cOmpensa ton
! as is authorized by law for his SER
vices in other proceedings
Section 90. The board of Shell Fish
! commissioners shall cause an accurate
! survey of and delineHtion upon the
maps and charts aforesaid of all bot
! toms Of the tributaries of the Chesa-
! poake Bay where grass grows and it
| is profitable to scrape for soft she'll
| or shedder crabs. and shall have such
| bottoms properly designated by per-
! mancnt objects on the shore as provid-
| ed herenbefore for natural oyster beds.
bars and rocks, which said grabbing
| sections shall be exempt from leas-
| ing for oyster culture,
Section 81. One of the steamers of
| the State Fishery Force shall be kept,
| In commission under the command of
! the Deputy Commander and subject to
! the control and direction of the COM
missioners from the first day of April
! i'm each year until the first day of
| october following, to assist the board
! in the performance of the duties i'm
| posed upon it by this Act. and the
| Deputy Commander IN each of the
| several districts of this state shall
| also be subject to the control and
direction Of the said commissioners
| during the closed season for taking
! and catching oysters with rakes and
! tongs during the time the said COM
! miSsioncrs shall be engaged In the
| respective districts in locating natural
| oyster beds. bars and rocks and shall
! give the said commissioners every as
| sistanCe in their power.
Section 9S After the survey pro-
vided for herein shall have been COM
| pleted it shall he the duty Of the
| Board Of Shell Fish Commissioners
! to lease. in the name OF the state
Of Maryland tracts. or parcels, of
| land beneath the waters of this state,
| whether within the limits OF the coun-
| ties. or elsewhere in the area TO be
opened for oyster culture. according
! to the provisions of this Act provided
! that no tract SO leased. IL situated
within the territorial limits OF any
county in this State. shall contain less
| than one acre of land. and If situated
In any other place no tract SO leased
shall contain less than five acres. 1t
| shall be the duty of said commissions
ers to require that the tracts so leased
| shall be as nearly rectangular as is
| convenient 1t shall he the duty of
| the said commissioners to demand
| from each lessee payment of the rent
| each year In advance. No person shall
/ be permitted. by lease. assignment,
! or in any other manner TO acquire
| a greater amount of land than ten
acres situated within the territorial
! limits of any Of the counties or one
| Leases shall be made only to resi-
dents of Maryland. The terms of
| such leases shall be twenty years and
the annual rent reserved to the State
| shall be one dollar per acre for each
| OF the first two years of said term
| NJ twenty years two dollars Der acre
! for the third year. three dollars per
| acre for the fourth year; four dollars
| ner acre for the fifth year; and five
| dollars per acre during the remainder