OYSTERS 2727

county, file in the circuit court for said county a petition, in writing,
attested by the oath of some one or more of the petitioners, alleging that
five or more adjacent acres of oyster beds, bars or rocks, in such county,
have been omitted from such survey, or that five or more acres of barren
bottoms have been included in such survey, and designating the location
of same by a plat, or as near as may be with reasonable certainty by such
land marks as will locate and designate the beds alleged to have been
omitted or included, a judge of the circuit court for the said county, after
due notice given to the board of shell fish commissioners, shall proceed to
hear testimony and decide the case, as provided in the succeeding section,
but this section shall not apply where the ground claimed by the petitioners
has been legally taken up prior to April 2, 1906.
See notes to see. 104.

An. Code, 1924, sec. 107. 1912, sec. 94. 1906, ch. 711, sec. 92.

104. Upon hearing a case presented by petition under the preceding
section, the judge shall determine the question whether the ground re-
ferred to in said petition is a natural bed or barren bottom, and his finding
on said question shall be final, and shall be entered upon the records of the
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. 103
and 104 upheld. Cox v. Bennett, 123 Md. 358.

An. Code, 1924, sec. 108. 1912, sec. 95. 1906, ch. 711, sec. 93. 1914, ch. 205, sec. 93.

105. 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, 1924, sec. 109. 1912, sec. 96. 1906, ch. 711, sec. 94.

106. Whenever a petition is filed in the circuit court for any county,
as authorized in section 103 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, 1924, sec. 110. 1912, sec. 96A. 1914, ch. 265, sec. 94A.

107. The Conservation Commission¹ may at any time hereafter re-
survey and re-examine any portion of the areas of the Chesapeake Bay
and its tributaries in the State of Maryland for the purpose of correct-
ing surveys theretofore made by them, and if upon such resurvey the Com-
mission shall find that natural beds or bars have been incorrectly located,
they shall prepare a revised or amended chart showing the natural bed or

¹ Formerly the Board of Shell Fish Commissioners. See Art. 19A.