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Section 6. Be it further enacted by the authority aforesaid, That when oyster banks, or 

 beds of oj^sters of natural formation, be within rivers or creeks of this State, not exceeding 

 130 feet in width at ordinary mean low tide, and not used for purposes of navigation, the 

 person or owners having the ownership of the land on both sides of such creeks or rivers 

 shall have the exclusive right to the usufruct of such banks or beds of oysters as aforesaid; 

 provided, however, that the rights of opposite riparian owners or proprietors shall only extend 

 to the middle of the stream. 



Section 7. Be it further enacted by the authority aforesaid, That the County Commissioners 

 in each of said counties, or where there is no Board of County Commissioners, then the 

 Ordinary for said county, upon the application of any person for certain territory in any of 

 the navigable waters of this State, and within a distance of 1,000 feet from the shore at ordinary 

 mean low tide, upon satisfactory proof, on hearing had before the County Commissioners or 

 Ordinary, that such territory has been duly staked off at the time of ordinary mean low tide, 

 for a period of thirty days before the hearing of such application, shall execute a lease for 

 twenty years, with a privilege of renewal for thirty years more, to such applicant as may first 

 apply for such territory not already appropriated, where there are no natural public beds 

 which have prior to the application been resorted to by the public for the purpose of procuring 

 oysters with the use of tongs for consumption or sale; provided, however, that any person 

 who has already planted any ground within said county shall have the preference in obtaining 

 a lease of such grounds, and upon the application of any other person for said territory, the 

 proper authorities for executing such leases shall give thirty days notice of such application, 

 by posting a notice at the court house door, and if the person who has planted oysters thereon 

 shall make application therefor, before the expiration of said thirty days, it shall be leased to 

 him, but otherwise to the aforesaid applicant; provided, that the provisions of this section shall 

 not apply to oyster beds staked out under laws heretofore existing; nor to territory within 

 120 feet of the line of ordinary mean low tide, in front of, and adjoining habitable highlands 

 returned for taxation. 



Section 8. Be it further enacted by the authority aforesaid, That said leases shall convey 

 the exclusive privileges of bedding or planting oysters thereon to the distance of 1,000 feet 

 beyond mean low-water mark; and within such limits each applicant shall be entitled to not 

 more than five acres of such territory, which need not be continuous, but within such allot- 

 ment such lessee shall not be entitled to more than two planting places, and provided that 

 such lessee deposits at least one hundred bushels of dead shells, or plants one hundred bushels 

 of oysters to every acre of planting ground, at the rate of one acre or more each year, until 

 the five acres have been planted; and provided also, that he cause to be placed at intervals of 

 one hundred yards along the line of ordinary mean low tide of such planting ground, a post 

 not less than eleven feet in height, and board attached, the latter not less than one foot square, 

 upon which a black letter, not less than eight inches long, has been plainly painted on a 

 white ground; provided also, that along navigable streams, subject to entry under this Act, 

 the right of no lessee of a five-acre tract under this Act herein provided for, shall extend 

 beyond the middle of the stream; provided further, that said lessee shall have no authority to 

 sublet or to assign his lease until after the expiration of five years from the date of his entry 

 thereunder; and provided further, that in the event the said lessee shall fail to comply with 

 the requirement of this section as to the cultivation of this territory, he shall forfeit so much 

 of said territory as has not been cultivated as hereinbefore required, and if said lessee shall 

 at any time during the term of his lease, abandon said territory, and cease to cultivate oysters 

 thereon for the space of one year, said lease shall be void, and the territory shall revert to 

 the State. 



Section 9. Be it further enacted by the authority aforesaid, That upon the application of 

 any person or persons made to the County Commissioners of the county within which said 

 territory may be situated, or where there are no County Commissioners, then to the Ordinary 

 for said county, for territory within the navigable waters of this State, for which no applica- 



