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

ter proVlded for, shall hereafter be made. Alabama corporations domiciled in this State. with their factories. shuclxing plants. and shipping depots located in this State, may enjoy the right of fishing oys- ters from the natural reefs or bedding oysters on leased bedding grounds, pro- vided such oysters are canned, shucked or packed in this State, or shipped raw In shells, from a shipping depot in this State for consumption either in or out Of this State.
 Sec. 30. Defining What Waters Bot toms are Owned by the State and Indi- viduals.-That the riparian rights of the owners or occupant of lands bordering on the shores of any of the waters here lnnefore described, shall extend out 600 yards from low water mark on straight line, approximately at right angles to the shore line of the owner of the upland. providing the said line of six hundred t6OO) yards shall not take fin what is known as natural reef or obstruct n recognized channel, and no one shall own In fee simple the bottoms of the waters of this State except within the eoo-vard limit aforesaid. All leases of bedding ground made in pursuance of this act shall continue in force and effect Tn to their expiration, provided such lessees snail pay the Oyster Commission the rental provided for by this Act.
 Sec. 31. Giving Commission Power to Establish Ports of Entry.-That the said Commission shall acquire such boats. ves- sells and other property as may be nec- essary to regulate and control the oyster ! industry rba cofd the power to establish ports of entry at such points as 1t may deem convenient, where taxes hereinbefore levied on ovs- ters shall be paid.
 Sec. S2. Leasing Barren Water Bot toms.-That the said commission shall have the power to lease any barren wa ter bottoms fin the State of Alabama, as described in Section twenty-nine (2e) of this act, and the title whereof Is vested in the State of Alabama. These leases can only be made to citizens of Alabama. Alabama firms, composed of citizens of Alabama and Alabama corporations dom icled In this State.
 | Sec. B. How to Secure Ieases-That f any qualified person. firm or corporation. desiring to lease a part of the bottom or bed of any of the waters of this State as provided for above, shall present to the commission a written application setting forth the name and address of the appli- cant, a reasonable definite description of the location and amount of the land cov- cred by water desired and shall pray that the application be registered. that the water bottoms be surveyed, and q plan or map of survey thereof be made, and that the water bottoms described be leased to the applicant under the provisp ions of this act. Thereupon the Secretary Of the Commission shall stamp the date and hour of filing. register such applica- ton and shall order the survey, and plan made forthwith. When applications are made by two or more persons for the same lands, they shall be issued to the applicant who first filed application for same. The Commission shall reqSire the bodies of land leased to be as compact as possible. taking into consideration the shape Of the body of water and the condi- ton of the bottom as to hardness ar soft | mud which would render them desirabI | or undesirable for the purpose Of oyster l cultivation.
 l Sec. 34. Lessees to Mark Water Rottor Leased-That as soon as a survey shall l oSci itiduc anu the plan thereof shall have been filed with the commission. the commission shall exc cute, In duplicate, a lease of the wafer bottoms to the applicant, one duplicate to be delivered to him and the other with the plan of survey to be retained by the commission. and registered in lease book | which shall be kept and thereafter such | lessee shall enjoy the exclusive use of said lands, and all oysters, shells and 1 clutch grown or placed thereon shall be | his exclusive property. The commission shall require the lessee to mark the wa ter bottom leased, by such ranges. mon | uments. buoys. and the like as it may l deem necessary to ascertain and locate 1 the same, to the end that the location l and limit of the land embraced in such lease be easily and accurately found and fixed. Failure on the part of the lessee to comply with the order of the commits | sion to this effect within the time fixed | by 1t. shall subject such lessee in the dis cretion of the commission to a fine not | exceeding two dollars (s2.00) per acre. All lessees shall cause the area of the leased water bottom and the name of the lessee to be shown by signs as may be determ- ined by the commission.
 Sec. 35. Price Fixed for Leasing That all leases shall be made under the provis- Ions of Section thirty-four (34) of this act and shall begin on the day that the lease is signed and shall continue in perpetuity l uiiuci oucH iestTict1OnS as small hereafter be provided in this act The minimum rent shall be fifty cents and the maxi mum rent shall be live dollars per acre or any fraction of an acre per year. This rent shall be paid in advance at the time | of signing the lease, up to the first day of | october following. and thereafter in ad- ! vance on or before the first day of Octo- Der Of each year, whether the lease be | held by the original lessee or by an heir assign, transferee or devisee. No person, firm or corporation shall lease, hold or control more than one hundred acres of | these water lands and any person, firm or corporation which holds or contracts or seeks or attempts to hold and control by partnership or otherwise more than this amount by any scheme agreement or understanding or combination what | soeyer, shall forfeit all leases held by him or 1t and shall be thereafter barred from ever leasing any water bottoms from the State No taxes or assessment or I other licenses other than those imposed in this act, shall be levied or imposed on said leases or said leased lands, but the annual rental exacted and paid shall be held and considered all that can or shall subordinate corporations or municipali- ties. Each tenant leasing water bottoms under the provisions of this act shall after two @ years from the commence ment of this lease, place under cultivation l at least one-tenth of the water bottoms leased and shall place under cultivation an additional one-tenth of the water bot toms leased. in each year thereafter.