The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1906-05-18
PUBLIC GENERAL LAWS.

and transmit copies of the same to the
clerks OF the Circuit Court for the
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 book kept for
that purpose. And the said survey
and report, when fled subject 20 the
right OF appeal hereafter provided for
courts of this State as conclusive evil
dence of the boundaries and limits of
an natural oyster beds. bars and rocks,
lying within the waters of the county
wherein such survey and report are
filed and shall be construed to mean
IN an or the said courts that there
rocks lying within the waters of the
counties wherein such report and sur
Tey are hled. other than those en-
tL;e IN the survey authorized by
TINS Act, and that all areas of the
Chesapeake Bay and Its Tributaries
Withln the State of Maryland, not shown
IN the survey to be natural oyster beds.
bars or rocks. shall be construed in all
the Courts of the State to be barren
bottoms. and open for disposal by the
PA Tor the purpose of private plant
under the provisions of this Act; pro-
vided that the said survey and report
snail not be so construed as to effect
in any manner the holdings by citizens
Of this State in any lot which may have
p pee appropriated or taken UP under
prevail of this Act.
Section 80. The said board. in defin-
ing the natural beds and bars, shall eX-
ercise its judgment literally in favor
of the natural beds and bars and allow
a seasonable margin of the barren bot
toms, rather than encroach on 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
cluded within such lines.
Section 81. If residents of any coun-
81 -
snail, within four months after the
filing of said survey and report in such
county, hle in the Circuit Court for said
county petition, in writing. attested
by the oath of someone or more of the
petitioners. alleging that five or more
adjacent acres of oyster beds bars or
rocks, In such county. have been omit
ted from such survey. or that five or
more acres of barren bottoms have been
included in such survey, and desig-
mating the location of same by a plat,
certainty by such land marks as will
locate and designate the beds alleged
Judge of the Circuit Court for the said
county. after due notice given to the
Board of Shell 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 to the approval Of this Act.
Section go. Upon hearing a case pre-
scented by petition under the preceding
section. the Judge shall determine the
question whether the ground referred
to in said petition is a natural bed or
barren bottom, and his finding on said
question shall be final. and shall be en-.
tered upon the records of the Boart
of Shell Fish Commissioners in their
Office in the city of Annapolis. ant
properly marked on the copies of the
plats as hereinbefore required.
Section 80. Such amended survey
Shall be filed in the offices the
Clerks of the Circuit Court for the
counties in which the original surveys
be filed, and when SO filed, shall be
conclusive evidence in all the Courts OF
this State as to whether the area en-
oyster bed. bar or rock.
Section "a. Whenever a petition is
fled in the Circuit Court for any
county, as authorized in section 81
of this Act, the parties SO petitioning
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 sts
petition, and the balance to be re-
turned to said petitioners.
Section IS. The said board shall be
',st %d to call to their assistance
whenever in their Judgment his as
sistance is necessary, and shall pay
him for his services such compensation
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 delineation upon the
maps and charts aforesaid of all bot
toms of the tributaries of the Chesa-
peake Bay where grass grows and It
or shedder crabs, and shall have such
bottoms properly designated, by per
manent objects on the shore as provid-
ed hereinbefore for natural oyster bees,
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
missioners from the first day of April
in each year, until the first day OF
October following, to assist the board
posed upon it by this Act. and the
several districts Of this State shall hall
direction of the said commissioners
during the closed season for, taking
and catching oysters with rakes ana
mssioners 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 49, After the survey pro-
vided for herein shall have been COM
pleted it shall be the duty of the
Board of Shell Fish Commissioners
to lease. in the name of the State
of Maryland. tracts or parcels ,T 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. II 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. It
shall be the duty of said commission
ers to require that the tracts so leased
convenient. 1t shall be the duty of
the said commissioners to demand
from each lessee payment OF the rent
each year in advance. No person shall
or in any other manner, to acquire
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
of the first two years of said term
of twenty years; two dollars per acre
for the third year; three dollars per
acre for the fourth year; four dollars
dollars per acre during the remainder
of the term. IF any part of the rent
reserved under such leases shall re-
main unpaid for more than six
such lease or leases shall be declared
void, and the land shall revert to the
State and may be leased again in
accordance With the provisions Of