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516 OYSTERS. [ART. LXXII
92.
See notes to article 72, section 96B.
93.
See notes to section 94.
94.
Since this section provides that the finding of the court shall be final,
the Court of Appeals has no power to review such finding unless the lower
court exceeds its jurisdiction. Lower court held to have jurisdiction.
Fraud not made out. Constitutionality of sections 93 and 94 upheld.
Cox v. Bennett, 123 Md. 358.
96B.
The contention that the provisions of the act of 1914, chapter 265, for the
ascertainment of the outlines of natural oyster bars by testimony in court,
are so defective and contradictory as to make the act incapable of enforce-
ment, overruled. The act of 1914 does not violate the Fourteenth Amend-
ment of the Federal Constitution, or article 23 of the Declaration of Rights.
The portion of this section providing that the Court of Appeals may review
all questions of fact or law, does not require that the entire act be held
invalid under article 15, section G of the Maryland Constitution; the term
"fact" may be eliminated. Evidence. Shellfish Commrs. v. Mansfield, 125
Md. 631.
See notes to section 85.
96C.*
See notes t'o section 85.
98.
This section referred to in construing article 54. section 48—see notes
thereto. Hodson v. Nelson, 122 Md. 338.
Reserved Areas.
1914, ch. 753. 1917, ch. 12, sec. 132.
132. The Conservation Commission of Maryland is hereby author-
ized to select and reserve for oyster conservation, as provided in this
sub-title, any portion or portions of the natural beds, bars and rocks of
the Chesapeake Bay in dredger's area to be replenished by transplant-
ing of small oysters, shells or other cultch, or in other feasible manner
which the Commission may deem best. The Commission shall give
notice of said reservation by advertisement to be inserted once a week
for three successive weeks, in a newspaper published in Baltimore City,
and in the County where the reserved area is located, which advertise-
ment shall describe the area reserved and give the date on which the
reservation takes effect, and shall warn all persons not to catch or dis-
turb oysters upon such reserved area until further notice from the Com-
*The act of 1916, chapter 582, authorizes the board of public works to com-
promise judgments rendered under this section, and further authorizes said board
to abandon condemnation proceedings in which a reasonable compromise cannot
be effected.
The act of 1916, chapter 659, makes an appropriation for the payment of con-
demnation awards under this section.
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