The Montgomery advertiser., 1909-09-16

we'll as to the bottoms themselves. Tn
 lessee shall have . right to redeem
 said leased property with the works
 improvements. bsttermsnts and oyster
 thereon by him put. either from tn,
 State or from any purchaser at suci
 sale oP any purchaser from the State
 which right of redemption shall exis
 Tor . period of two years from tn,
 due date of the rent the failure to pa,
 which resulted in the sale hereinbe
 fore provided for. To redeem sucl
 iessee must pay the rent for the non
 payment of which suoh sale was made
 with interest ct ten per cent per an
 mum and ail costs and expenses in
 cured by reason of the sale. publica
 tion and proceedings leading up to tn,
 same. and the cost of any additiona
 oetterments or improvements oyster
 or works. whfct may have been pu
 upon the leased property by any per
 son who shall have bought at such sal,
 or shall have leased such propert.
 from the State. Unless this right o
 redemption shall be exercised within
 the two years from the due date O
 the rent for the non-payment of whicl demption shall be entirely lost.
 Sec. 3s. Increase 6f Rentals.-Tha
 after period of twenty (2o) year. from the date when the lease was frs signed. the rental shall be increased ts
 not exceeding seven and fifty one. hundredths (S75o) dollars as a maxi.
 mum per acre per annum.
 Sec. go Unlawful to Lease Water
 Bottoms Containing Natural Reefs declared and defined as not less thar one acre in continuous area of tho bottom of any bay. sound. bayou creek, or other body of salt or brack. fsh water on which oysters grow nat. urally. or have grown naturally with. in a period of five years preceding tho lime at which such matter may be de. termined. in quantities suflicient te warrant fishing for them with hand tongs as Q means of livelihood. Pro- vided that no gap or break in con. tinuity of less than fifty feet shah b< considered in determining the area Q, any natural bed. The Oyster Commis. sion shall in all cases be the judge as to the facts in the determination as to a natural bed. Should. any leased wa ter bottoms be subsequently, determin. ed to be natural oyster reefs, said lease or leases shall be cancelled by the commission and from the rulina Of the commission any agsrieved per. son may prosecute and appeal to the Circuit Court of the county within which the alleged natural reef is situ- ated. '-@
 Sec. 60. Unlawful to Use certa,r water Bottoms Without LeasinR--Tha, any person. firm or corporation. thai shall stake off the water bottoms of this State or shall bed oysters upon the water bottoms of this State outside oi the 500 yard limit of Riparian owner ship. az hereinabove provided for without previously leasing from the commission such water bottoms, shall be guilty of misdemeanor and upon conviction thereof must pay a fine of not exceeding one hundred dollars nor less than twenty-five dollars; that no person shall be guilty of a violation of this section, who. at the time that fhis act shall take effect. is already en- gagged in the culture or bedding of oysters on the bottoms of the waters of this State beyond the said sin hun. dred yard limit, If such person shall as soon as practicable procure from the commission lease for the bottoms covered by the oysters so bedded or planted
 Sec. 41. Not unlawful for Planters or Bedders to Use Dredges On Private or Leased Bedding Grounds--Lessees ot propagating or bedding grounds and Riparian owners within the six hundred yard limit hereinbefore spec Tiled in this act. shall have the right to use in such bedding grounds or bot toms where oysters 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 les see or Riparian owner shall, if he should desire to dredge, procure d per- init from the commission to iredxe. 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 conn mission and approved by the commits sion. in the sum of one thousand dol- lsrs. that such dredging shall not be done on natural reefs contrary to law. NO charge shall be made for the issu- ance Of this permit by the commission.
 Sec. 42. Unlawful to Remove oy- sters or Shells from Leased Water any persons who shall wilfully take oysters or shells or cultch bedded or planted by a Ripar- Ian owner or lessee under this act or any oysters deposited by such lessee or Riparian owner, making up a cargo For market. or who shall wiIfully car ry or attempt to carry same without of the owner thereof or who shall willfully remove, break off, destroy or otherwise injure or alter any bounds. buoys or other designa- tions Of any natural oyster reefs. or private bedding or propagating grounds or who shall wilfully injure, destroy or remove any inclosures. guards or other protection around any oyster beds, or who shall wilfuliy move any bedding ground marks, any buoy. or designation placed by the Oy- ster Commission. shall be guilty of a and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars
 Sec. 43. oyster Commission to Set. tie Boundary Disputes Between Les sees.-That the Oyster Commission herein constituted shall be authoriz- ed to settle all disputes as to boun- daries between lessees of bedding grounds. the proceedings to be con ducted under such rules and regula- tions as said commission may pre- scribe. reserving to each party a. right to appeal to the Criminal Court of the county in which such property is sit uated.
 Sec. A. Civil Engineers-rhat the Oyster Commission shall be empower ed to employ a competent Civil EnEi- neer who shall be paid for such work as he may perform at such rates as may be mutually agreed upon in ad- vance.
 Sec. 46. Penalties for Evading Pro- visions of this Act not Otherwise Pro- vided for-That any person violating any provision of this act, not other wise specifically provided for shall be guilty of a mlsdemeanor and upon shall be punished by a fine of not less than ten nor more than one hundred dollars for each offense.
 Sec. 46. Oyster Protection Fund Cre-