56 AMERICAN FISHERIES SOCIETY. 



announce in the said publication that at the expiration of twenty davs 

 from the first da}- of publication, the territory within said county and 

 embraced within the provisions of this act will be open for entry in 

 manner and form as hereinafter provided, and any person or persons 

 desiring to raise, plant, or cultivate shellfish upon any ground in the 

 county which has not been designated as public ground by the Board 

 of Shellfish Commissioners, ma^^ at the expiration of the said period 

 of twenty days, make an application in writing, in which shall be stated 

 as nearly as may be. the area, limits and location of the ground desired 

 to the entry-taker of the county in which the said area for which 

 application is made is situated, for a franchise for the purpose of rais- 

 ing or cultivating shellfish in said grounds, and the said entry-taker. 

 having received said application, shall proceed as with all other entries, 

 as provided in Section 2,765 of the Code, as amended, except that the 

 warrant to survey and locate the ground or grounds shall be delivered 

 to the engineer appointed by the Board of Commissioners of Shellfish- 

 eries and not to the county surveyor, and the said engineer shall make 

 such surveys in accordance with the provisions of Section 2,769 of the 

 Code, except that it shall not be necessary to employ chain-bearers, 

 nor to administer oaths to assistants, nor to make surveys according 

 to the priority of the application or warrant. 



Sec. 6. The Secretary of State, on receipt of the Auditor's certificate 

 as provided in Section 2,778 of the Code, shall grant to the applicant 

 a written instrument conveying a perpetual franchise for the purpose 

 of raising and cultivating shellfish in and to the grounds for which 

 application is made, and the said written instrument of conveyance 

 shall be authenticated by the Governor, countersigned b)^ the Secre- 

 tary, and recorded in his office. The date of the application for the 

 franchise and a description of the ground for which such franchise 

 was granted shall be inserted in each instrument, and no grant shall 

 issue except in accordance with a certificate from the engineer of the 

 commissioners of shellfisheries, as to the area, limits and location of 

 the grounds in which the said franchise is to be granted, and every 

 person obtaining such grant or franchise, shall within three months 

 from the receipt of the same, record the said written instrument in 

 the office of the register of deeds for the county wherein the said 

 grounds may lie. and shall define the boundaries of the said grounds 

 by suitable stakes, buoys, ranges or monuments; but no franchise 

 shall be given in or to any of the public grounds as determined by the 

 Commissioners of Shellfisheries. and all franchises granted under this 

 or previous acts shall be and remain in the grantee, his heirs and le^al 

 representatives, provided that the holder or holders shall make in 



