The Birmingham age-herald., 1915-03-18

| O1 l0lS dcI ana pdTLiCuidrly tne dcls
 approved April IS, 1911, and August 27' 1909, providing, among other things. for
 the creation of an oyster commission.
 Section 1. Bt it enacted by the legis- lature of Alabama, that all the beds and bottoms of the rivers. bayQns lagoons, lakes, bays, sounds, and inlets within the Jurisdiction of the state of Alabama are declared to be the property of the
 state of Alabama, to be held in trust for
 the people thereof, but the owners of land fronting on such waters, where oys- ters may be grown, shall have the right to plant and gather same in the waters
 in front of their land, to the distance of 600 yards from the shore, measured from the average low water marx. but where
 the distance from shore to shore is less than 120O yards. the owners of either shore may plant and gather to a line 1 equidistant between the two shores. but
 no person shall plant in any natural l channel so to interfere with naviga- | tion; the respective owners shall plant
 within lines extended into the water from | points where their boundaries intersect | the shore. as nearly as practicable, with 1 a mean width corresponding with their
 respective frontages on the shore, but | should the lines thus extended cross each | other, or seriously interfere with obtain l ing such mean width, then a line equi- distant from the shore lines of the re-
 spective owners shall be the boundary
 between such planting grounds. No ripa- | rian right shall vest in any person to any part of the natural and public reefs. | Sec. ?. Be it further enacted. that sub | ject to the provisions or tn:s act, the ! regulation and control Of the oyster bot | toms of this state, not within the 600- | yard limit above referred to, shall be under the direction and control of the sec- l retary of state of Alabama who shall, as nr Gi q aud ,raln potent surveyor to plat the oyster bot | toms of this state In the townships, sec | tions and quarter sections in lines con- | forming to the United States land sur- vey, and may lease the same, except public reefs. as hereinafter provided.
 Sec. 3. Be it further enacted, That any bona fide resident citizen of the state of Alabama may lease not exceeding 100 acres. by making application in writing to the secretary of state, accompanied by fee of $5, whereupon competent surveyor, selected by said chief inspec- tor. at the expense of the applicant, shall stake off the parcel to be leased, for warding a description thereof to the de- partment which shall thereupon issue to said applicant a lease thereon. upon the payment in advance of a rental at
 the rate of $1 per acre for one year, and hich shall likewise be paid in advance. at the beginning of each rental year there
 
 lease, which shall be so long as such
 rent is paid, but not more than 20 years,
 and they to have option of renewal of
 lease. The rental year shall begin March 1. Upon forfeiture. however, the lessee
 may, in the reasonable discretion of said secretary of state, be allowed additional time to remove from said leased parcel,
 as may seem proper, upon such terms as may be prescribed by him, oysters re-
 maining thereon which were planted by
 said lessee. Any persons now holding a lease upon oyster bottoms may obtain a lease thereon In accordance with the terms of this act provided the same does not exceed 100 acres, by surrendering to said department their present lease,
 accompanied by said fee of $5, and all rent due under said lease, together with the payment, in advance, of the rental for the
 ensuing year, as hereinbefore provided,
 and all parties holding under lease more tha9 100 acres, may continue to hold same under the terms of their leases, but should
 they at any time, desire to surrender any portion thereof, they may, in like manner, surrender their said leases, and take out new lease under the terms of this act for 100 acres or less, but
 shall pay the expenses of stalking off the portion included in the new lease. They shall also surrender their old leases. accompanied by fee of So, and the
 amount of rental for the ensuing year,
 on the acreage included in the new lease,
 as well as any amount due under the
 old lease. All leases issued under the provisions of this act, shall stipulate that not less than an average of not less than | 10 barrels shall be planted by the lessees
 upon the lands so leased, and that affi- dlvit, signed by the lessee and two wit nesses,, shall be made to the chief inspec- tor before November of each year, that
 this has been done, and that the lands a. lep pr.Q in Gfaf of attIf ixyo-
 tion, and that failure to comply with
 this provision shall work forfeiture of said lease. All wholesale dealers in oys-
 ters shall pay to the chief oyster inspec- tor a license of S25 per year. and canning factories $500 per year, for the privilege
 of conducting such business in the state.
 Any dealer disposing of one barrel of | oystes in the shell, or 1000 oysters after they have been opened, at one sale, shall
 be deemed wholesale dealer.
 1 Sec. 4. The governor shall appoint a public reef warden, whose duty it shall be to see that all oysters taken from the public reefs are properly culled, and that | all the provisions of this act relative to
 Iublic reefs are enforced Said reef war den shall be a man thoroughly familiar with the catching and handling of oysters
 tona fide citizen of the state of Ala
 bama residing on the coast and his ap- plication shall be accompanied by peti- tlOIl SlSHeu py not less tndn lU CltlZenS or
 Alabama directly interested in the oyster industry, unless by reason oS the number of applicants no one shall be able to secure so many signatures, in
 which event the governor shall appoint such one as he shall consider most conl-
 tetent. The compensation of, the said
 warden shall be $125 per month payable nfonthly on warrant issued by the state auditor out of the funds collected under thls act. His term of office shall be four years and until his successor is ap- pointed, and he may be removed at the pleasure of the governor. Said warden shall enter into bond in the penal sum of 5000 payable to the state of Ala bania, providing that he shall faithfully perform his duties and be responsible to all parties suffering injuries through the commission by him of any wrongful act under the cover of his office, which shall be filed with and approved by the secre- tary of state. He shall also before enter ing upon his duties take an oath to faith fully discharge the duties of the office upon which he is about to enter, which shall likewise be filed with the secretary of state. He shall provide and main- tain at his own expense a power boat and shall visit the public reefs daily during the open season, wheather per- hitting. He shall be authorized to em- ploy and discharge an assistant inspector who shall receive salary of $50 per
 month during the open season, payable 1 in the same manner as that of the chief l inspector. Said chief and deputy inspec- tors shall have the powers and authority
 of deputy sheriffs. and it shall be their l duty to arrest and prosecute all persons violating any of the provisions of this
 act ,and it shall be the duty of the solici-