n6 Survey of Oyster Bars, Somerset County, Md. 



them sworn or affirmed and examined) shall assess the said damages, and shall afterward make report 

 thereof and of their proceedings in writing under their hands and seals and file the same within five 

 days thereafter in the office of the clerk of the county in which the land aforesaid is situated, subject 

 to an appeal by either party to the county court of the said county within ten days after filing as 

 aforesaid, and the said report so made as aforesaid, if no appeal as aforesaid be taken, shall be held to 

 be final and conclusive as between the said parties, and the amount so assessed and reported shall be 

 paid to the said owners or possessors of the land so damaged within twenty days after the filing of 

 said report, and the said chief or associate justice as aforesaid, shall have authority to tax and allow 

 upon the filing of said report, such costs, fees and expenses to the said freeholders for the performance 

 of their duty as he shall think equitable and just, which allowance shall be paid by the person or persons 

 employed under the act of congress aforesaid, within the time last above limited, but if an appeal as 

 aforesaid be taken, the case shall be set down for hearing at the first term of county court aforesaid, 

 ensuing upon and after appeal, and it shall be lawful for either party immediately after the entry of 

 such appeal, to take out summons for such witnesses as may be necessary to be examined upon the 

 hearing aforesaid, and the said court shall have power in its discretion to award costs against which ever 

 the final judgment shall be entered, and such appeal at the option of either party may and shall be 

 heard before and the damages assessed by a jury of twelve men to be taken from the regular panel 

 and elected as in other cases. 



Sec. 3. And be it enacted, That if any person or persons shall wilfully injure or deface or remove 

 any signal, monument or building or any appendage thereto, erected, used or constructed under and 

 by virtue of the act of congress aforesaid, such person or persons so offending shall severally forfeit 

 and pay the sum of fifty dollars with costs of suit to be sued for and recovered by any person who 

 shall first prosecute the same before any justice of the peace of the county where the person so offending 

 may reside, and shall also be liable to pay the amount of damages thereby sustained, to be recovered 

 with costs of suit in an action on the case, in the name and for the use of the United States of America, 

 in any court of competent jurisdiction. 



Appendix B.— LAWS RELATING TO SURVEY OF CLAM BEDS. 



[Act of the legislature of Maryland approved April 6, 1908/'] 



AN ACT to prescribe additional duties to be performed by the Board of Shell Fish Commissioners, to the duties already 

 prescribed for them by Chapter 711 of the Acts of the General Assembly of Maryland of 1906. 



Section i. Be it enacted by the General Assembly of Maryland, That it shall be the duty of the 

 Board of Shell Fish Commissioners, as soon after the passage of this Act as practicable, to have laid 

 out, surveyed and designated on charts provided for such purpose, Gravel Rock, Ware Rock, and Flat 

 Rock, being clam banks located in the waters of Pocomoke Sound, in Somerset county, and State of 

 Maryland, and shall cause to be marked and defined as accurately as practicable the limits and bounda- 

 ries of each of the above named rocks, and they shall take true and accurate notes of said survey and 

 make the report and perform all other duties connected with said survey as said duties are prescribed 

 by Chapter 711 of the Acts of the General Assembly of Maryland of 1906, pertaining to natural oyster 

 beds and bars. 



Sec. 2. And be it enacted by the General Assembly of Maryland, That after said rocks shall have 

 been surveyed as provided in Section 1 of this Act, no part of them shall be leased to any person or 

 persons for the purpose of planting, bedding or cultivating oysters, thereon, but they shall be reserved to 

 the public in the State of Maryland for the sole purpose of taking clams therefrom, and shall be treated 

 in every particular as are the natural oyster beds or bars which have been or shall be surveyed by the 

 Board of Shell Fish Commissioners under Chapter 7 1 1 of the Acts of the General Assembly of Maryland 

 of 1906. 



Sec. 3. And be it further enacted, That this Act shall take effect from the date of its passage. 



"As published in bill form. 



