72 Report of the Board of Shell Fish Commissioners 



It was doubtless in view of this previous legislation that Sec- 

 tion 108 of the Haman Oyster Culture Act was adopted, and in 

 carrying out the provisions of said Section the Commission has 

 been confronted with some difficulty. 



Section 108 of the Haman Oyster Culture Act reserved to all 

 persons, who prior to the passage of said Act had "lawfully 

 appropriated or taken up any land in this State, for the purpose 

 of planting, bedding, or cultivating oysters thereon," the prior 

 right to become the lessee of said land, under the provisions of 

 the Oyster Culture Law of 1906 ; provided, however, that written 

 notice of the intention of such person to become such lessee be 

 given to the Board of Shell Fish Commissioners within six 

 months from the passage of said Act; and provided, further, 

 that upon failure of any former lotholder to give such notice 

 within the time prescribed, the holding of any such person 

 becomes void. 



It was apparent at the outset to the Commission that a de- 

 tailed investigation as to the lawful possession of each lot- 

 holder under former law was impracticable, and it wa's the 

 sense of the Commission that Section 108 did not contemplate 

 a specific investigation of the legality of the possession of each 

 lotholder under former law. 



In many cases it would have been found impossible to verify 

 the compliance required of one class of these lotholders to give 

 the thirty-day notice to the then riparian owner, and the work 

 of determining these riparian owners would have also been 

 tedious, difficult and expensive. The law authorizing the ap- 

 propriation of oyster lots raised the presumption of a good and 

 sufficient title thereto, in reference to the question of a natural 

 bar or bed, upon twelve months' peaceable possession by the 

 holder, and in consequence of this provision the Commission 

 decided to accept the application of the former lotholder, upon 

 the faith of the statements required by the form of application, 

 under oath of the applicant, which it adopted, and which is 

 published herewith, as follows: 



