The Birmingham age-herald., 1909-09-16

l well as 10 the bottoms themselves. The
 lessee shall have a right to redeem said
 leased property with the works, improve menfs. betterments and oysters thereon
 by him put either from the State or any | purchaser at such sale or any purchaser from the State, which right of redemption shall exist for a period of two years from | the due date of the rent the failure to | pay which resulted in the sale hereinbe- fore provided for. To redeem such lessee must pay the rent for the non-payment | Of which such sale was made, with inter est at ten per cent per annum and all l costs and expenses incurred by reason of l the sale, publication and proceedings 1 leading up to the same and the cost of any additional betterments or improve ments, oysters or works, which may have been put upon the leased property by any person who shall have bought at such
 sale or shall have leased such property
 from the State. Unless this right of re- demptlon shall be exercised within tho two years from the due date of the rent l for the non-payment of which such sale
 was made, such right of redemption shall
 be entirely lost.
 Sec. s. Increase of Rentals.-That after
 a period of twenty (2o) years from the date when the lease was first signed, the rental shall be increased to not exceeding seven and fifty one-hundredths (s750) dol lars as a maximum per acre per annum.
 Sec. 3S. Unlawful to Lease Water Bot l toms Containing Natural Reefs.-That a natural oyster reef is hereby declared and | defined as not less than one acre in con- tinuous area of. the bottom of any bay. sound. bayou, creek. or other body of salt or brackish water on which oysters grow naturally, or have grown naturally within 8 period of fve years preceding the time at which such matter may be determined, in quantities sufficient to warrant fishing for them with hand tongs as 8 means of livelihood. Provid- ed that no gap or break in continuity of less than fifty feet shall be considered in determining the area of any natural bed. The Oyster Commission shall in all cases be the judge as to the facts in the de- termination as to @, natural bed. Should any leased water bottoms be subsequently, determined to be natural oyster reefs, said lease or ieases shall be cancelled by the commission and from the ruling of the commission any aggrieved person may prosecute and appeal to the Circuit Court of the county within which the alleged natural reef Is situated.
 Sec. 40. Unlawful to Use Certain Water Bottoms Without Leasing.-That any per son, firm or corporation, that shall stake off the water bottoms of this State or shall bed oysters upon the water bottoms of this State outside of the 600 yard limit of Riparian ownership, as hereinabove provided for. without previously leasing from the commission such water bottoms, shall be guilty of a misdemeanor and upon conviction thereof must pay fine of not exceeding one hundred dollars nor less than twenty-five dollars; that no person shall be guilty of violation of this section, who, at the time that this act shall take effect, is already engaged in the culture or bedding of oysters on the bottoms of the waters of this State beyond the said six hundred yard limit, if such person shall as soon as practica- ble procure from the commission a lease for the bottoms covered by the oysters so bedded or planted.
 Sec. fl. Not Unlawful for Planters or Bedders to Use Dredges on Private or Leased Bedding Grounds.-Lessees of propagating or bedding grounds and, Riparian owners within the six hundred yard limit hereinbefore specified in this act. shall have the right to use in such bedding grounds or bottoms where oys- ters are grown or kept any implement or appliance for taking of same, that such lessee or owner may desire, except that no lessee or owner shall be permitted to dredge by any power other than sail or hand. The commission shall require that such lessee or Riparian owner shall, if he should desire to dredge, procure permit from the commission to dredge, and the commission shall require from such lessee or owner that a bond with solvent surety shall be furnished, which bond shall be made to the commission and approved by the commission, in the sum of one thousand dollars, that such dredging shall not be done on natural reefs contrary to law. No charge shall be made for the issuance of this permit by the commission.
 Sec. 42 Unlawful to Remove Oysters or Shells From Leased Water Bottoms That any person who shall wilfully take oysters or shells or cultch bedded or planted by Riparian owner or lessee un- der this act or any oysters deposited by such lessee or Riparian owner, making up cargo for market, or who shall will fully carry or attempt to carry same with out permission of the owner thereof or who shall wilfu1ly remove. break off, de- stroy or otherwise in1ure or alter any bounds, buoys or other designations of any natural oyster reefs, or private bed ding or propagating grounds, or who shall wilfully injure. destroy or remove any inclosures, guards or other protection around any oyster beds, or who shall will fully move any bedding ground marks, any buoy, or designation placed by the Oyster Commission, shall be guilty of a misdemeanor and upon conviction there of shall be punished by 8 fine of not less than twenty-five dollars nor more than one hundred dollars.
 Sec. 43. Oyster Commission to Settle | Boundary Disputes Between Lessees- That the Oyster Commission herein con- stituted shall be authorized to settle all disputes as to boundaries between lessees of bedding grounds, the proceedings to be conducted under such rules and regula- tions as said commission may prescribe, reserving to each party right to appeal | to the Criminal Court of the county m | which such property is situated.
 | Sec A. Civil Engineers.-That the Oys- | ter Commission shall be empowered to | employ competent Civil Engineer who shall be paid for such work as he may | perform at such rates as may De mutual- | ly agreed upon in advance.
 | Sec 45. Penalties for Evading Provis- | ions of This Act Not Otherwise Provided | For-That any person violating any pro- l vision of this act, not otherwise specfh- | cally provided for, shall be guilty of q | misdemeanor and upon conviction shall be punished by fine of not less than | ten nor more than ono hundred dollars | for each offense.