Report of the Board of Shell Fish Commissioners 219 



one or more of the petitioners, alleging that five or more adja- 

 cent acres of oyster beds, bars or rocks, in such county, have 

 been omitted from such surveys, or that five or more acres of 

 barren bottoms have been included in such survey and designat- 

 ing the location of same by a plat, or as near as may be with 

 reasonable certainty by such land marks as will locate and des- 

 ignate the beds alleged to have been omitted or included, a 

 Judge of the Circuit Court for the said county, after due no- 

 tice 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 the approval of this Act. 



SECTION 92. Upon hearing a case presented by petition under 

 the preceding section, the Judge shall determine the question 

 whether the ground referred 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 plate as hereinbefore 

 required. 



SECTION 93. Such amended survey shall be filed in the offices 

 of the Clerks of the Circuit Court for the counties in which the 

 original surveys 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. 



SECTION 94. Whenever a petition is filed in the Circuit Court 

 for any county, as authorized in Section 91 of this Act, the par- 

 ties 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 necessary, 

 to the payment of costs incurred in the proceedings under said 

 petition, and the balance to be returned to said petitioners. 



SECTION 95. The said Board shall be authorized to call to 

 their assistance the County Surveyor of any county, whenever 

 in their judgment his assistance is necessary, and shall pay him 

 for his services such compensation as is authorized by law for 

 his services in other proceedings. 



