744                                              LAWS OF MARYLAND                                  [Ch. 4

PROHIBITED AREAS SET FORTH IN §4-1108(B) OF THIS
ARTICLE AND JUDGMENT SHALL BE ENTERED ACCORDINGLY.
THIS HEARING SHALL BE BEFORE A JURY UNLESS WAIVED BY
ALL PARTIES. AN APPEAL TO THE COURT OF APPEALS MAY BE
TAKEN BY EITHER PARTY FROM THE JUDGMENT OF THE CIRCUIT
COURT AND THE COURT OF APPEALS MAY REVIEW ALL
QUESTIONS OF FACT OR LAW. IF THE FINAL DECISION
DECLARES THE AREA IN QUESTION A NATURAL OYSTER BAR,
THE CHARTS OF THE OYSTER SURVEY OF 1906 TO 1912, AND
ITS AMENDMENTS, SHALL BE AMENDED ACCORDINGLY. THE
PARTIES FILING PETITION IN THE CIRCUIT COURT FIRST
SHALL FILE A S25 BOND, WITH SUFFICIENT SURETY, TO PAY
COURT COSTS INCURRED IF THE PETITION IS DISMISSED, AND
COSTS ARE IMPOSED ON THE PETITIONERS. ANY PARTY
TAKING AN APPEAL TO THE COURT OF APPEALS SHALL FILE A
SIMILAR BOND FIXED BY THE LOWER COURT TO PAY COURT
COSTS INCURRED IF THE APPEAL IS DISMISSED AND COSTS
ARE IMPOSED ON THE APPELLANT.

(D)   OTHER FEES; SURVEY OF AREA INTENDED TO BE
LEASED. - IMMEDIATELY AFTER THE TERMINATION OF THE
RESPECTIVE PERIODS PRESCRIBED FOR THE FILING OF
PETITIONS OR APPEALS, OR IMMEDIATELY AFTER THE FINAL
DECISION UPON ANY PROTEST OR APPEAL THE DEPARTMENT
SHALL NOTIFY THE APPLICANT BY LETTER THAT IT IS READY
TO ISSUE THE LEASE. UPON PAYMENT OF A RECORDING FEE
OF $5 AND A FEE OF $20 TO COVER SURVEYING COSTS, THE
DEPARTMENT SHALL ACCURATELY SURVEY THE AREA, EXECUTE A
LEASE, ENTER THE LEASE UPON A BOOK TO BE KNOWN AS THE
"REGISTER OF TITLES TO OYSTER LANDS," AND MAIL THE
LEASE TO THE APPLICANT FOR HIS SIGNATURE.

(E)   COMPLETION OF LEASE. - IF THE APPLICANT
ACCEPTS THE LEASE, HE SHALL SIGN AND RETURN IT
TOGETHER WITH THE FIRST ANNUAL RENTAL. IF THE
APPLICANT FAILS TO ACCEPT THE LEASE AND PAY WITHIN 60
DAYS ALL REQUIRED FEES, THE APPLICATION AND THE LEASE
ARE NULL AND VOID, AND ALL PAYMENTS PREVIOUSLY MADE BY
THE APPLICANT TO THE DEPARTMENT ARE FORFEITED. THE
DEPARTMENT MAY EXTEND THE TIME FOR ACCEPTANCE OF THE
LEASE FOR AN ADDITIONAL PERIOD OF 60 DAYS FOR GOOD
CAUSE.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 708 (i) of the Code.
Subsection (b) presently appears as Article
66C, section 708(j) of the Code. The
present provision requiring the department
to publish notice in the newspaper of the
county in which the affected waters are
located is proposed for deletion. New