Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1906-05-05

their appl ications as received and
opened by said commissioners.
Sec. l03. Any person who may de
| sir" to plant and cultivate oysters in
| the area hereinbefore designated.
| shall file with the Board of Shell Fish
| Commissioners an application sub
Stantially ilr the form prescribed in
Section lO1 OF this Act The appli-
cant shall Indicate plainly the loCa-
| ton OF the land he desires to lease.
| The application shall he sworn to be-.
| fore a Justice of the Peace of this
| State. \ fee of live dollars shall he
| paid by the applicant To the Board OF
| Shell Fish Commissioners AT the time
| of filing the application, which fee
shall be returned to the applicant ii
| his application shall Ice for any r"a-
son declined.
Sec. lOi. II 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 appli-
cation be filed with the commission
ems within the period of thirty DAYS
after 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 over
ruled by said commissioners, the said
commissioners upon payment by the
applicant of a further fee of two dol
lars and half in addition to the fee
of hNc dollars, which is To accompany
his application. shall cause to be en-
tered in Il book or books to be known
as The Register of Titles to Oyster
Lands, the name of the applicant.
with a concise but clear description
OF the land applied for \ survey of
such land al the expense of the APP
phcant shall be made by the Board
before the entry, if, in It's opinion
said survey is necessary to an accu-
rate description thereof. The pay
ment Of the proper fees due for the
application and the record in the reg
lister required by this section To be
kept, shall constitute between the
State and the applicant the relation
OF landlord and tenant for the term
OF twenty years, from the record of
the lands so applied for as aforesaid,
at tn" annual rentals provided in sec
ton 80 of this Act
Sec. lO5. The relation of the land
lord and tenant, stated in section l04
shall have all the incidents attaching
to that relation as the same exists
under the laws of Maryland, EXCEPT
ing only the following particulars:
FIRST The Ouiy remedy of the
state Tor non-paAment OF the rent OF
oyster lands shall be the strict en-
rorcement of the provisions set forth
IN section " ot this Act Upon the
non-payIncnt OF any rent for the time.
therein mentioned, 1t shall be the
duty ot the Board OF Shell Fish Com
mlSSlon~rs after a written notice of
I n,,f h..T
to declare the lease vacated by STAMP
ing the word void in distinct let.
lriS across the description IN the reg
lister; second, land leased under this
Act shall be used only tor the lul-
pos" OF planting aud cultiyating uya-
tcls, third, no right shall exist Ia re
deem uI purchase ANY land OF the
State 80 leased; fourth, any other
notifications caused by the proyi
SlOhs OF this Act.
See. 100. The Commissioners shall
AT once notify the Lessee OF the IecuId
in the register required BY section
lo4, and the lessee shay as soon
thereafter as practicable, not exceed
Ihs thirty days from the receipt OF
SAID notice, cause the ground deSip-
mated as leased to him to he plainly
marked out by stakes, buoys, or mon
nnents, under the supervision of the
commissioners At least four of such
stakes, buOys and monuments shall
have the initials Of the lrSSeeS plainly
marked upon them, and such stakes
hnoNS or monuments shall be at all
, times during the existence of said
lease continued by the said lessee OF
ms legal representative.
Sec. 100. This Act is not intended
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 I<rson Who has,
prior to the passage of this Act. law
fully appropriated or taken mp any
land in this State. for the purpose of
planting. bedding or cultivating oys-
terS 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 payment
OF the rents, of the leases contem-
plated by this Act. provided such per
son gives written notice to the BOARD
of Shell Fish Commissioners of his in
tention TO become such lessee within
SIX months after the passage hereof
The holding OF any person who may
have appropriated any such land shall
become void and of no effect in law
upon the expiration of the said period
OF SIX months from the passage here
or, II no such notice OF intention viii
nave been given within said period OF
six months
) Sec. 100. The lessee of any land
leased for the purpose of planting and
cultivating oysters shall have eXclu-
slve ownership of and title to all oys
SterS planted by nm or existing on
the land leased
Sec. no. No assignment or trans.
fer OF any interest acquired by this
Act shall be valid for any purpose if
made to nonresident if this State
IT any such assignment is attempted
10 he made, all interest of the grantOr
or aSsisnor, shall revert to the State
, as II no lease had ever been made. Ii
any assignment of any interest Great.
ed by this Act is attempted to be
made to any corporation or Joint
stock company, all the interest of the
! srantor or assignor shall revert to the
! State as II no lease had ever been
made. lf any assignment of any in.
terest created by this Act is attempt.
ed To be made to any person in such
way that the assignee shall become