2288 ARTICLE 72.

board of shell fish commissioners in their office in the city of Annapolis,

and properly marked on the copies of the plats as hereinbefore required.

Since this section provides that finding of court shall be final, court of appeals has

no power to review such finding unless lower court exceeds its jurisdiction. Lower

court held to have jurisdiction. Fraud not made out. Constitutionality of secs. 106

and 107 upheld. Cox v. Bennett, 123 Md. 358.

An. Code, sec. 95. 1906, ch. 711, sec. 93. 1914, ch. 265, sec. 93.

108. Such amended survey shall be filed in the offices of the Clerks
of the Circuit Courts for the respective Counties in which the original sur-
veys hereinbefore provided are required to be filed, and when so filed shall
be conclusive evidence in all the Courts of this State as to whether the
area embraced therein is or is not a natural oyster bed, bar or rock, sub-
ject, however, to the rights of resurvey, review and appeal hereinafter
provided.

An. Code, sec. 96. 1906, ch. 711, sec. 94.

109. Whenever a petition is filed in the circuit court for any county,
as authorized in section 106 of this article, the parties so petitioning shall
deposit twenty-five dollars, to be returned to the petitioners if the judge
shall determine in favor of the petitioners; but if the judge shall determine
adversely to the petitioners, then said sum to be applied, so far as neces-
sary, to the payment of costs incurred in the proceedings under said peti-
tion, and the balance to be returned to said petitioners.

An. Code, sec. 96A. 1914, ch. 265, sec. 94A.

110. The Board of Shell Fish Commissioners may at any time here-
after resurvey and re-examine any portion of the areas of the Chesapeake
Bay and its tributaries in the State of Maryland for the purpose of cor-
recting surveys theretofore made by them, and if upon such resurvey the
Board shall find that natural beds or bars have been incorrectly located,
they shall prepare a revised or amended chart showing the natural bed or
bar thus resurveyed, and shall cause to be marked or defined as accurately
as possible the correct limits and boundaries of such natural bed or bar,
and said amended chart shall be filed in the office of the Board in the City
of Baltimore within ninety days thereafter, and copies thereof shall be
filed with the Clerk of the Circuit Court of the County in which or nearest
to which the natural bed or bar thus resurveyed is located; provided that
such resurvey shall in no manner affect leases of a part or all of the area
resurveyed, actually issued and in force at the time of such resurvey
unless the respective lessees thereof shall voluntarily surrender their leases
as hereinafter provided, or shall forfeit their leases by non-payment of
rentals as provided in Section 116, or unless the rights, interests and prop-
erties of the lessees under said leases shall be acquired by the State by con-
demnation proceedings instituted not later than January 1st, 1915, as
provided in Section 112. The said Board is authorized to accept volun-
tary surrender of leases of any lots within the area thus resurveyed and
found to be natural beds or bars, and to refund to such lessee the rentals
and charges theretofore paid to said Board for the lot or lots surrendered.