CHAP. 461.--An ACT to amend and re-enact sections 6, 10, 35 and 36 of an act approved March 17, 1910, entitled an act to revise, amend and consolidate into one act certain laws relating to oysters, fish, clams, crabs and other shellfish, and to repeal ...

Section (6). Assignment of other planting grounds; surveys; marking.--The residue of such water front in excess of what is already assigned or is reserved in the preceding section for the riparian owner, and the residue of the beds of the bays, rivers and creeks and shores of the sea other than natural oyster beds, rocks or shoals, as defined by law, may be occupied for the purpose of planting or propagating oysters thereon, by any resident of the State, or by any corporation charted under the laws of this State, for the purpose of oyster culture and the oyster business, and it shall be lawful for non-residents to be stockholders in such a corporation; provided said corporation employ only resident labor in planting, cultivating and marketing the oysters grown on the ground or land so occupied; and provided its principal place of business for selling and marketing said oysters be maintained within this State and the provisions of this section shall be incorporated in any lease of oyster grounds in this State to any such corporation, and the violation thereof shall forfeit the lease. It shall be the duty of any such resident, or any such corporation, desiring to obtain a location for planting or propagating oysters in any portion of such water front and beds of the bays, rivers and creeks and shores of the sea aforesaid, to apply to the inspector of the district in which such land lies to have the location ascertained, designated, surveyed and assigned, and sixty days after the posting of the copy required in section seven, the inspector shall notify the county surveyor or such surveyor as may be designated by the commission of fisheries, to proceed to survey said ground and make a plat of the same, and the ground shall be marked, at the cost of the applicant, at the time the survey is made, and at the direction of the surveyor, with suitable stakes, smooth and free from snags and spurs, and suitable stakes shall be kept by the lessee in their proper places at all times during the continuance of such lease so as to conform accurately to the survey. And should such stakes be removed, rot down, or be carried away, the lessee shall replace them in their proper places, and if he fails to do so within thirty days after being notified by the inspector of the district in which the ground lies, the said lessee shall have no claim against any person for trespassing on said ground in any way.

Sec. (10). Subrenting or assignment.--If any person should subrent or assign his rights in oyster-planting ground it shall be only to a resident of this State, or to a corporation authorized by law to occupy and hold oyster-planting ground, after notifying the inspector of his intention, and then the subrenting or assigning shall be in writing, and said writing shall describe accurately the ground subrented, or assigned, and be recorded in the clerk's office of the county as the original survey and plat were recorded and under the same conditions. The subrenter, or assignee, shall have all the rights and privileges of the original renter, for the unexpired term of the original lease, unless he be a non-resident citizen of the State, in which case any such assignment shall be void.

Sec. (35). Citizens not to be interested with non-resident; penalty.--If any citizen of this State shall, for market or profit, be concerned or interested with any person not a resident thereof, in taking or catching crabs, clams, oyster, terrapins or other shellfish, in any of the waters of this State, or in planting oysters therein, or shall knowingly permit any person, not a resident of this State, to engage in any such business in his name for market or profit, he shall be fined not less than one hundred nor more than five hundred dollars for each offense; provided, however, that the restrictions as to residence in this section shall not prevent a resident from owning stock in a corporation in which non-residents are stockholders, if said corporation is authorized by law to occupy oyster planting ground.

Sec. (36). Non-residents not to take or plant oysters, and so forth; nor own stock in fishing corporations; penalty, forfeiture; list of officers, directors and stockholders to be filed with State Corporation Commission.--If any person other than a resident of this State, as defined in this act, shall take or catch crabs, clams, oysters, terrapin, or other shellfish in any of the waters of this State for market or profit, or if any person other than a resident of this State or a corporation authorized by law to occupy and hold oyster planting grounds, rent any oyster-planting ground, or plant oysters in any of the waters of the State, or become a stockholder directly or indirectly interested in any corporation chartered for the purpose of engaging in the fish business, other than the oyster business, in the waters of this State for market or profit, or for the purpose of converting the same into oil, manure or fertilizer, he shall be fined not less than five hundred dollars nor more than two thousand dollars for each offense, and the interest in such stock of any nonresident holder thereof shall be null and void and be forfeited to the Commonwealth under the provisions relating to forfeiture. Every such non-reident holder of stock shall, upon notice so to do, by order of publication, ordered by the court having jurisdiction of the proceedings, surrender the certificate or certificates of stock so held by him to the sheriff of the court aforesaid, to be held by the said sheriff to be disposed of according to the provisions relating to forfeitures, and in the event he fails to do so upon such notice, the court aforesaid may compel the corporation which issued such certificate or certificates to issue in the name of the person so holding the original, a duplicate of such certificate or certificates of stock and surrender the same to the sheriff aforesaid. Such duplicate certificate or certificates of stock shall be disposed of according to the provisions provided for the disposal of property forfeited
to the Commonwealth, and the said original certificate or certificates of stock shall be null and void in the hands of any person. Where the penalty is incurred by reason of the defendant being a non-resident, the burden of proof as to his residence shall be on him. And every such corporation chartered for the purpose aforesaid shall make and file in the office of the State corporation commission, at the time of its application for a charter, and every six months after granting thereof during the term of its existence, a list of its officers, directors and stockholders, duly sworn to by its president and secretary; and, if such list is not so made and filed, the said corporation shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, to be imposed and judgment entered therefor by the said commission, and enforced by its process; and, at the option of the said commission, its charter shall be revoked for its failure so to do.