The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1906-05-12
PUBLIC GENERAL LAWS.

ton of the survey of any county. Said
commissioners shall cause the same
to be published in pamphlet form,
ana transmit copies of the same to the
clerks of the Circuit Court for the
respective counties, where the charts
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
ana report, when filed, subject 90 the
right OF appeal hereafter provided for
IN this Act, shall be taken IN all of the
courts OF this State as conclusive evil
dence OF the boundaries and limits of
al! 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 are filed, other than those en-
praced IN the survey authorized by
Chesapeake Bay and It's Tributaries
within 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
state Tor the purpose of private plant
ing or propagation of oysters thereon
under the provisions of this Act; pro-
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 or taken up under
the laws of this State prior to the APP
proval of this Act.
Section so. 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
q seaSonable margin of the barren bot
, toms. rat her than on, n No II
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-
ty. exceeding twentyfour in number,
snail, within four months after the
ming of said survey and report III such
county, file 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
or as near as may be with reasonablel
certainty by such land marks as will
locate and designate the beds alleged
to have been omitted or included
Judge of the Circuit Court for the said
GUILTY., dlleT uuc HOtlCe given 10 tH6
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 80. Upon hearing case pre-
scented by petition under the preceding
| section. the Judge shall determine the
| question whether the ground referred
/ tn i'm Cnfl ratifinn ic n nod ST
| 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
| properly marked on the copies of the
plats as hereinbefore required.
Section IS. Such amended survey
shall be filed in the offices of the
counties in which the original surveys.
| hereinbcfore provided are required to,
! be fled and when so filed. shall be
| conclusive evidence in all the Courts of
| this State rs to whether the area en-
| braced therein is or is not a natural
oyster bed. bar or rock.
| Section "a. Whenever petition is
filed in the Circuit Court for any
county, as authorized in section Of
of this Act the parties So petitioning
! 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,
as necessary. to the payment of costs
i incurred in the proceedings under said
petition. and the balance to be re-
| turned to said petitioners.
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
/ IL
as is authorized by law for his SER
/ vices IN other rro~seai--e' - 80.
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 1t
is profitable to scrape for soft shell
! or shedder crabs. and shall have such
| bottoms properly designated by per-
manent objects on the shore as proVld-
| ed hereinbefore for natural oyster beos,
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 tho com,
missioners from the first day OF april
| in 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
| also be subject to the control and
direction of the said commissioners
during the closed season for taking
and catching oysters with rakes ana
missioners shall be engaged in the
respective districts in locating natural
oyster beds. bars and rocks, and snail
give the said commissioners every as
-se. hai1
Section 90. After the survey pro-
vided for herein shall have been com
pleted, it shall be the duty OF the
Board of Shell Fish Commissioners
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, if sitrated
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 commission
| ers to require that the tracts so leased
! shall be as nearly rectangular rs is
| 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 shail
he 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
| hundred acres in any other place.
| 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
! Of twenty years; two dollars per acre
for the third year; three dollars per
acre for the fourth year; four dollars
| Der acre for the fifth year; and five
| dollars per acre during the remainder
| IF the term. If any part Of the rent
| reserved under such leases shall re-
| main unpaid for more than S'x
/ enf IL CO ftiIH