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

commissioners shall cause the same
to be published in pamphlet form.
and transmit copies of the same to. the
clerks of the Circuit Court for the
respective counties, where the charts
have 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 kept FOR
that purpose. And the Said survey
and report, when filed, subject 60 the
right of appeal hereafter provided for
In this Act shall be taken N all of the (,
courts of this State as conclusive evil
dence of the boundaries and limits Of
all 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 all 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
vey ere fled other than those en-
braced in the survey authorized by
this Act. and that all areas of the
Chesapeake Bay and It's Tributaries
WITHIN the State of Maryland. not shown
| IN IN the survey to be natural oyster beds,
bars or rocks. shall be construed in all
the courts of the State to be barren
pottoms, and open for disposal by the
state Tor the purpose of private plant
under the provisions of this Act; pro-
! Vided that the said survey and report
! shall 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 OF taken up under
| the laws of this State prior to the APP
| prevail OF this Act
Section 90. The said board. in defin-
! ing the natural beds and bars, shall ex-e
erclSe its judgment literally in favor
| OF the natural beds and bars and allow
a, seasonabie 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
/ tI1,,, 1. -
| GUIDED within such lines.
| Section 81. If residents of any coun-.
/ " exceeding twentyfour in number,
| shan. within four months after the,
! county, file in the Circuit Court for said
county petition, il writing attested
! by the oath of someone or more of the
pstltloners, alleging that five or more
| adjacent acres of oyster beds, bars, or
rocks, in such county, have been omit
t 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
or as near as may be with reasonable
| certainty by such land marks as will
| to have been omitted or included
Judge of the Circuit Court for the said
! county, after due. notice given to the
Board of Shell Fish Comm ssioners 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 90. Upon hearing a case pre-
sented by petition under the preceding
! section. the Judge shall determine the
question whether the ground referred
/ to in said petition is q natural bed or
| barren bottom, and his finding on said
| question shall be final, and shall be en-.
tered upon the records of the Board1'
of Shell Fish Commissioners in their
/ Office in the city of Anna polls. anG
properly marked on the copies of the
plats as hereinbefore required.
SECTION %; Such amended survey
Clerks of the Circuit. Court for the
counties in which the original surveys
hereinbefore provided are REQUIRED to
conclusive evidence in all the Courts of
| this State as to whether the area EN-
braced therein is or is not natural
! oyster bed, bar or rock
Section "a. Whenever a petition is
| filed in the Circuit Court for any
| county, as authorized in section 81
| of this Act. the parties SO petitioning
shall deposit tWenty-fxe dollars to
| be returned to the petitioners II the
Judge shall determine in favor of the
petitioners. but if the Judge shall dee
| termine adversely to the petitioners.
then said sum to be applied. SO Tar
as necessary. to the payment of costs
incurred in the proceedings under said
petition, and the balance to be re-
l turned to said petitioners.
Section 95. The said board shall be
the County Surveyor Of any county
! whenever in their judgment his as
| sistance is. necessary and shall pay
as is authorized by law for his ser
vices in other proceedings.
Section g. The board OF Shell fish
! Commissioners shall cause an accurate
| survey of and delinea ton upon the
MA oh o rte q
| toms OF the tributaries OF the Chesa-s
/ peake Bay where grass grows and It
is profitable to scrape for soft shen Ell
| or shedder era bS.s and shall have such
| bottoms properly designated by per-
manent objects on, the shore as provid-
ed hereinbefore for natural oyster PEGS,
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 tho com.
missioners from the first day OF April
/ October following. to assist the board
in the performance of the duties I'M
posed upon it by this Act. and the
psgpay detpots ef this ea State sha
| also be subject to the control and.
| direction of the said commissioners
and Catching oysters with rakes and
1 tongs, during the time the sald COM
missioners shall be engaged in the
respective. districts in locating namrai
oyster beds, bars and rocks. and shall
| give the said commissioners every as
/ sistance in their power.
Section 90. After the survey pro-.
pleted, it shall be the duty eff the.
! Board Of Shell Fish Commissioners
/ to lease. in the name OF the state
Eof Maryland, tracts, or parcels. OF
/ L. \ h 4 I,h 70 fare n State.
whether within the limits OF the coun-s
ties or elsewhere, in the area to be
opened for oyster culture, according
! that no tract so leased, If sitrated
! within the territorial limits OF any
| county in this State, shall contain less.
in any other place no tract so leased
shall contain less than i've acres. II
shall be the duty of said commission
ers to require that the tracts SO leased
shall be as nearly rectangular as IS
convenient. 1t shall be the duty OF
the said commissioners to demand
! from each lessee payment of the rent
be permitted. by lease. assignment.
! or in any other manner, to acquire
a greater amount of land than ten
acres situated within the territorial
| hundred acres in any other place
| Leases shall be made only to resi-
| dents of Maryland. The terms OF
| such leases snail De IWeEty ) edi y. ctid
i the annual rent reserved to the State
shall be one dollar per acre for each
| Of the first two years OF SAID term
/ of twenty years; two dollars Der acre
/ for the third year; three dollars per
| acre for the fourth year; four dollars
per acre for the fifth year; and five
| 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
months, after the same becomes due,
such lease or leases shall be declared