The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1906-05-11
PUBLIC GENERAL LAWS.

their lands And for AN additional
period of six months, after the ex-
piration of the said period of four
months all boatmen. residents of this
State. who shall be engaged in the
business of dredging, scraping or tong
ing for oysters at the time OF the
the respective times of the opening
for oyster culture of several areas
or if said survey shall be completed,
or the said areas shall be opened TO
son for dredging, scraping. or ton
ing. as the case may be. then, the
persons SO engaged at the end Of
the last dredging, scraping or ton
elusive right in the order or their
respective applications, as the same
may be received and opened by the
commissioners to rent any adjacent
lands. provided that in no event shall
any Such land owner boatman, or any
other person, be permitted to rent or
to acquire more than ten acres. or
one hundred acres as the case may be.
land which is leased or acquired; and
provided further, that no such ripa-
rian. as is mentioned in this section:
shall be entitled to rent the amount
of ten acres, or one hundred acres
as the case may be, unless the water
front of the land so owned by him, II
fronting on water within the terri
torial limits of a county. be at least
two hundred yards. or if fronting on
waters in any other place. be at least
seven hundred yards. The owners of
land having a less water front than
is mentioned above. shall be- entitled
to rent proportionately less amount
of land dependent upon the length
of the front upon water within county
limits or elsewhere.
Section 1o1. Blank forms of ap-
pIication shall be furnished upon rea-
sonable charges. to be prescribed by
the Board of the Shell Fish Commits
! sioners, to any person desiring the
same. All such forms shall be printed
and shall be substantially in the fol-
lowing language: Applicat ton for a
lease to the Board of Shell Fish Com
missioners Of Maryland. The applica-
ton of .............. .....a resident
of ...... -. county, in the State
Of Maryland. respectfully shows that
he is resident of said State; that he
wishes and intends to use the ground
hereinafter described for planting or
,ultivating oysters. He therefore, re-
quests that said board lease to him,
IN the name and on behalf Of the State
of MARYLAND $685.. acres OF
ground located under the waters of
the State of Maryland. which ground is
more particularly described as follows.
to wit: Describe here) Dated at
Maryland, this. day of.
Applicant
Section 102. When the period of ten
t
survey shall have been completed, or
after the lands beneath the waters of
any areas shall have been open
Z ed to leasing under Section SO of this
Act the Board of Shell Fish Commits
sioners shall endeavor to lease the re-
naming portions of land SO open to
oyster culture under the provisions
OF this Act to applicants who shall
be residents of Maryland. in the order
of their applications as received and
opened by said commissioners.
Section los. Any person who may
desire to plant and cultivate oysters
in the area hereinbefore designated.
shall file with the Board of Shell Fish
Commissioners an application substan-
TALLY in the form prescribed in Sec.
ton 101 of this Act. The applicant
the land he desires to lease. The APP
plication shall be sworn to before a
Justice of the Peace of this State. A
fee of five dollars shall be paid by the
Commissioners at the time of fling
the application, which fee shall be
returned to the applicant If his ap-
p1ication shall be for any reason de-
clined.
Section 1o4 If such applicant be a
resident Of the State OF Maryland. and
if no objections to the issuing of the
lease asked for in any such appl1ca-
ton be filed with the commissioners
within the period of thirty days af-
ter such application is made, or as
soon as any objections that may have
been filed to the granting of such
lease will have been finally oyerruled
by said commissioners, the said COM
missioners upon payment by the appli-
cant of a further fee of two dollars
and a half. in addition to the fee, of
five dollars. which is to accompany
his application, shall cause to be en-
tered in a book or books to be known
as The Register of Titles to Oyster,
Lands" the name of the applicant,
rrysk =, 40 rz1t- H., ~ ..,,ks< 49,
of the land applied for. A survey of
such land at the expense of the ap-'
plicant shall be made by the Board
before the entry if, in it's opinion.
curate description. thereof. The pay
ment of the proper fees due for the
application and the record in the regis
ter required by this section to be kept.
shall constitute between the State and
the applicant the relation of land
lord and tenant for the term of twenty
years, from the record of the lands
SO applied for as aforesaid, at the
annual rentals provided in section 9S
of this Act.
Section 105 The relation of the
landlord and tenant. stated in section
104. shall have all the incidents attach
lists under the laws of Maryland ex-
cepting only. the following particulars:
First. The only remedy for the
State for non-payment Of the rent of
OyotCT sldAuS Sftdllf Dc Tic StTlCl+ Ell
forcement of the provisions set forth
in section 80 of this Act. Upon the
non-payment of any rent for the time
therein mentioned, it shall be the duty
of the Board of Shell Fish Commits
isioners after written notice of not
less than ten days. to the lessee, to
declare the lease vacated by stamping
the word void in distinct letters
across the description in the register;
second. land leased under this Act shall
be used only for the purpose of plant
ing and cultiyating oysters; third, no
rght shall exist e5 vt to redeem or pur-
fourth, any other notifications caused
by the provisions of this Act
Section 106. The Commissioners shall
at once notify the lessee of the record
and the lessee shall. as soon thereafter
as practicable not exceeding thirty
days from the receipt of said notice.
cause the ground designated as leased
to him to be plainly marked out by
stakes. buoys. or monuments. under
the supervision of the commissioners
At least four of such stakes, buoys and
monuments shall have the initials of
the lessee plainly marked upon them,
and such stakes. buoys or monuments
shall be at all times during the ex-
istence of said lease continued by the
said lessee or his legal representa-
tives.
Section 1G7 This Act is not in
tended to apply to any lands owned
by private persons, the bounds of
which extend below low water into
or beneath the waters of this State.
This Act shall not be so construed as
to apply to any creek, cove or inlet
less than one hundred yards in width
at its mouth at low tide
Section los. Any person who has
prior to the passage of this Act, law
fully appropriated or taken up any
land in this State. for the purpose of
planting. beding or cultivating oys-
tiers thereon, may become a lessee OF
said land for the term of twenty years
from the passage of this Act with
all the incidents. including the pay
ment of the rents. Of the leases con
templated by this Act, provided such
person gives written notice to thu