290

LAWS OF MARYLAND.

county and of full age as aforesaid under the provisions of this

section; provided, also, that all locations under this act shall be

surveyed, marked, described and bounded as is hereinafter set

forth; and, provided also, that such location and appropriation.

shall not obstruct, injure or impede the free navigation of said

Natural
beds.

waters; and, provided further, that no natural bar or bed of

oysters shall be so located or appropriated; and such waters or

bottom under such waters where oysters will grow naturally in

quantities sufficient to be of value and importance to those en-

gaged in catching oysters with torigs, shall be considered natural

beds or bars of oysters in construing the provisions of this act ;

and whenever water or bottom thereunder has been a natural bar

or bed of oysters as above construed, and which has become de-

pleted of oysters by the same having been caught or removed

therefrom, the said water or bottom thereunder shall not be sub-

ject to location or appropriation under the provisions of this act.

B. For the purpose of definitely determining what waters in

Somerset county may be located according to the provisions of

the preceding section, there shall be appointed by the governor

Commis
sioners

of Maryland, by and with the advice and consent of the senate,

three persons, citizens of Somerset county, (two of whom shall

be persons practically acquainted with the business of catching

oysters,) who shall constitute a commission and be known as

"Oyster Commissioners," who shall serve for four years from the

date of their appointment, or until their successors are appointed

and qualified, who before proceeding to perform the duties of

their office shall go before the clerk of the circuit court for Som-

erset county and take and subscribe an oath or affirmation that

they will faithfully, honestly and impartially perform the duties

required of them by this act; and whenever any person or per-

sons who may be entitled under the next preceding section of

this act, shall desire to locate and appropriate five acres for the

purpose of protecting, sowing, preserving, depositing, bedding or

planting oysters, shells or other shell-fish as prescribed in this

Give

act, before proceeding to locate or appropriate the same shall first

notice

give notice in writing to all and each of the said oyster commis-

sioners of such desire, naming the waters where the said location

is desired to be made"; and upon the receipt of such notice, it

shall be the duty of the said oyster commissioners, or a majority

of them, as soon as practicable thereafter, to visit the waters

where such location and appropriation is to be made and care-

fully and faithfully examine the said waters and the bottom

thereunder for the purpose of ascertaining whether or not the

same is a subject of location and appropriation as required by

this act, and if after said examination said commissioners, or a

majority of them, should determine that the said water or the

.

bottom thereunder is not subject to location and appropriation