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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2726   View pdf image (33K)
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2726 ARTICLE 72

as may be necessary, to enable the said Board, or their successors, to find
and ascertain the boundary lines of the said natural oyster beds, bars and
rocks, as shown, by a delineation oh the maps and charts provided in this
sub-title; said report shall be completed and filed in the office of the
Board in the City of Baltimore, within ninety days after the completion
of, the survey of any County. Said Commissioners shall cause the same to
be published in pamphlet form, and transmit copies of the same to the
Clerks of the Circuit Courts for their respective Counties, where the
charts have been filed or directed to be filed, as hereinafter provided, the
said report to be filed by the Clerks of the several Counties in a book kept
for that purpose. And the said survey and report, when filed, subject to
the respective rights of protest, resurvey, review and appeal, provided by
Sections 103, 104, 105, 106, 108 and 118 of this article, shall be taken
in all the Courts of this State as conclusive evidence of the boundaries
and limits of all natural oyster beds, bars and rocks lying within
the waters of the County wherein such report and survey are filed, and
subject to the provisions of said Sections shall be construed to mean in
all of said Courts that there are no natural oyster beds, bars or rocks lying
within the waters of the Counties wherein such report and survey are filed,
other than those embraced in the survey or resurvey authorized by this
sub-title, and that all areas of the Chesapeake Bay and its tributaries
within the State of Maryland, not shown in the survey or resurvey to be
natural oyster beds, bars or rocks, nor within the neutral zones surround-
ing the natural beds, bars or rocks as hereinafter provided, shall be con-
strued in all the Courts of the State to be barren bottoms, and open for
disposal by the State for the purpose of private planting or propagation
of oysters thereon under the, provisions of this sub-title, provided that the
said survey or resurvey and report shall not be so construed as to affect in
any manner the holdings by citizens of this State in any lot which may
have been appropriated or taken up under the laws of this State prior to
the third day of April, 1906.
See footnote to sec. 96.

An. Code, 1924, sec. 105. 1912, sec. 92. 1906, ch. 711, sec. 90. 1914, ch. 265, sec. 90.

102. The said Board, in defining the natural beds and bars, shall exer-
cise its judgment liberally in favor of the natural beds and bars and allow
a reasonable margin of the barren bottoms, rather than encroach oil a
natural bed or bar. The natural beds or bars shall be bounded by straight
lines, even though some portions of barren bottoms may thus be neces-
sarily included within such lines. All natural beds or bars shall be sur-
rounded by neutral zones 200 yards wide in the Chesapeake Bay and
Tangier Sound, and 50 yards wide elsewhere, to be located contiguous to
but entirely outside of the natural beds and bars, which neutral zones
shall be excluded from the operation of this sub-title, and no person shall
be permitted to plant or cultivate oysters thereon or in any way to ap-
propriate the same to his own use; provided that nothing herein contained
shall effect in any manner leases actually issued and in force prior to the
approval of this Act within such neutral zones.
See notes to sec. 108.

An. Code, 1924, sec. 106. 1912, sec. 93. 1906, ch. 711, sec. 91.

103. If residents of any county, exceeding twenty-four in number,
shall, within four months after the filing of said survey and report in such


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 2726   View pdf image (33K)
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