418 ARTICLE 72.

may be set aside by the Conservation Commissioner for seed oysters. In

case money is paid in lieu of the ten per cent of shells, the Conservation
Commissioner shall convert same into shells or seed oysters to be trans-
planted in like manner. ¹

Oyster Culture.

111.

This section referred to in discussing meaning of term "citizen"—see notes
to art. 25, sec. 143. Fitzwater v. Hydro-Elec. Corp., 149 Md. 466.

An. Code, 1924, sec. 116. 1912, sec. 100. 1906, ch. 711, sec. 98. 1912, ch. 539, sec. 98.
1914, ch. 265, sec. 98. 1927, ch. 610.

116. After the survey or resurvey provided for herein shall have been
completed, it shall be the duty of the Conservation Department to lease,
in the name of the State of Maryland, tracts or parcels of land beneath the
waters of this State, whether within the limits of the Counties or else-
where, in the area to be opened for oyster culture, according to the provi-
sions of this sub-title; provided, that no tract so leased, if situated within
the territorial limits of any County in this State, shall contain less than one
acre of land, and if situated in any other place, no tract so leased shall con-
tain less than five acres. It shall be the duty of said Department to re-
quire that the tracts so leased shall be as nearly rectangular as is convenient.
It shall be the duty of the said Department to demand from each lessee pay-
ment of the rent each year in advance. No person shall be permitted, by
lease, assignment or in any other manner, to acquire a greater amount of
land than thirty acres situated within the territorial limits of any of the

Counties, or five hundred acres in any other place; provided, however, that
an individual may acquire a tract not exceeding one hundred acres of land
beneath the waters of Tangier Sound. Leases of such lands shall be made
only to residents of Maryland. The term of such leases shall be twenty
years, and the annual rent therefor shall be such sum as in the judgment
of the Conservation Department is a proper one and commensurate with
the value of the land so leased; provided, however, that no land shall be
leased at a less price than one dollar ($1. 00) per acre. If any part of the
rent reserved under such leases shall remain unpaid for more than sixty
days after the same becomes due, such lease or leases may at the option of
said Department be declared void, and in that event the land shall revert to
the State and may be leased again in accordance with the provisions of this
section. The said Department may, at the request of any lessee, if it shall
appear equitable so to do, upon cause shown in writing, cancel his lease as
to the whole or a part of the lands leased. At the expiration of any lease
now in force, there shall be allowed an additional period of 3 years to all
such lessees and at the expiration of the said 3-year additional period, the
leased bottoms shall revert to public use and anyone desiring to lease the
flame shall make application in the manner now prescribed by law; pro-
vided, however, that the application of lessees shall be considered as hav-
ing prior right and shall be given first consideration in making such leases.

¹ Sec. 3 of ch. 119 of the acts of 1927 repealed all laws inconsistent therewith to
extent of inconsistency.