:«£ mm SF THE , WVIftSITK OF ItkJWHS M/ CO P V OF THE Oyster law OR LOUISIANA. Act 52 of 1904. ISSUED BY T OYSTER COMMISSION OF LOUISIANA. No. 124 St. Charles Street, NEW ORLEANS, LA. Address all communications to OYSTER COMMISSION OF LOUISIANA, 124 St. Charles Street, New Orleans, La. f. ACT No. 52. AN ACT To encourage, protect, regulate and develop the oyster industry of the State of Louisiana, and to increase the revenues of the State therefrom ; by recognizing and declaring the ownership of the State in and to the bottom or beds of the bodies or streams of water along the Coast of the Gulf of Mexico, and the waters of the Gulf of Mexico within the jurisdiction of the State of Louisiana ; by prohibiting their alienation in fee simple ; by recognizing and declaring the ownership of the State in and to all oysters growing naturally thereon ; by limit- ing the rights of riparian proprietors to low water mark ; by creating the Oyster Commission of Louisiana, providing for its organization and defining its powers and duties; by consti- tuting said Commission a department of the State government and a political corporation invested with all necessary corpor- ate powers ; by providing for the leasing of oyster lands be- longing to the State ; by providing for the licensing, regis- tration and designation of vessels employed in the oyster in- dustry ; by levying a special assessment or privilege tax on oysters produced in Louisiana waters and a police license on persons, firms, corporations and vessels engaged in the oyster industry ; by providing for the manner of collecting, handling, depositing and disbursing the revenues of said Commission and the destination of its surplus revenues ; by providing for the protection of the natural oyster reefs of this State and for the creation of artificial reefs ; by providing such other regulations as are necessary to properly carry out the objects and purposes of this Act; by providing penalties for the violation of the provisions of this Act, and the rules and 1 egulations of the Commission ; and by providing" for the repeal of all laws on the same subject matter, and those in conflict with the provisions of this Act. Section i. Be it enacted by the General Assembly of the State of Louisiana, That all the beds and bottoms of the rivers, bayous, lagoons, lakes, bays, sounds and inlets bordering on or connecting with the Gulf of Mexico, and all that part of the Gulf of Mexico within the jurisdiction of the State of Louisiana, and all oysters and other shell fish naturally growing thereon shall be, continue and remain the property of the State of Louisiana, and shall be under the control of the Oyster Commission of Louisiana, here- inafter created, which said Commission may permit of its use bv residents of. the State of Louisiana, firms composed of res- idents of Louisiana, and Louisiana corporations, for the purpose of fishing, taking, catching, bedding and raising oysters and other shell fish, subject to the reservations and restrictions here- 727654 - 2 — inafter to be imposed by this act, or hereafter to be imposed by said Oyster Commission of Louisiana. No grant, sale or convey- ance of the lands forming- the bottoms or beds of said bodies or streams of water, except the conditional leases and disposi- tions hereinafter provided for, shall hereafter be made by the Register of the State Land Office or by any other official, polit- ical corporation or person. Corporations domiciled in this State, with their factories, shucking plants, and shipping depots located in this State, may enjoy the right of fishing oysters from the natural reefs and of bedding oysters on leased bedding grounds, provided such oysters are canned, shucked or packed in this .State, or shipped raw, in shells, from a shipping depot in this State for consumption either in or out of this State; but no person, firm or corporation shall ship oysters out of this State for canning or packing out of this State; as it is the desire of the State to encourage the planting of shells on barren bottoms in this State, no oysters in the shell shall be shipped out of this State without first getting from the Oyster Commission of Louis- iana its permit so to do, and for which no charge shall be made by said Commission. Those engaged in the oyster industry under the provisions of this act shall have the right to employ such labor and assistance, boats and vessels as they may need, whether residents or non-residents. Sec. 2. Be it further enacted , etc., That the rights of the owner or occupant of land bordering on the shores of any of the waters hereinbefore described shall extend to ordinary low water mark only, and no one shall own in fee simple the bottoms of navigable waters. All leases of bedding grounds made in pur- suance of the provisions of Act no of 1892, or Act 121 of 1896, and Act 153 of 1902, shall continue in force and effect up to their expiration, provided such leases shall pay to the Oyster Commission the rental provided for by this act, and subject themselves to such further regulations as said Commission may impose. All owners of existing leases shall have the first right to renewal of their leases on such conditions as are herein provided or may hereafter be provided by the Oyster Commis- sion of Louisiana. Sec. 3 Be it further enacted, etc., That the Governor shall appoint, by and with the consent of the Senate five competent persons from among the qualified voters of this State, which said five (5) persons, as commissioners, shall form and constitute the “Oyster Commission of Louisiana, ” which said Commission is hereby created. Said Commissioners shall not be financially in- terested in any way in the oyster industry, and shall hold their offices for a period of Four years, and until their successors are — 3 — appointed and qualified. Said Commission shall be and is here- by vested with full and complete power and authority, on behalf of the State of Louisiana, to control the oyster producing terri- tory of, and the oyster industry carried on in this State, except to such extent as its powers and discretion shall be limited by the provisions of this act, and subsequent amendments of this act by the State Legislature; and to enforce such rules and regu- lations as it may adopt, penalties are imposed for the violations of its rules, and such penalties shall be an imprisonment of not less than one (i) day and not more than thirty (30) days in the parish prison, or a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), or both, within the discretion of the Court; and when adopted, such rules and regu- lations shall have the same force and effect as provisions of this act ; provided said rules and regulations are not in conflict with the provisions of this act. Said Commissioners shall be removable by the Governor for cause, as is now provided by law. The Commission shall permit no salaried officers or employees to be interested in the oyster industry, or to be in the employ of any person, firm or corporation engaged in the oyster business, under the penalty of forfeiture of all rights sought to be ac- quired by said salaried officers or employees. Sec* 4. Be it further enacted , etc., That the said Commission shall, in addition to the powers herein conferred, be constituted, as a Department of the State Government for the purpose of management of the State’s oyster fields and water bottoms, a body politic or political corporation invested with all the powers inherent in such corporations ; it shall have the authority to sue and be sued under the style ‘‘Oyster Commission of Louisiana,” and all process against said corporation shall be served on the President or Secretary of said Commission, and all suits in its behalf shall be brought by its President. The domicile of said Commission is hereby fixed in the City of New Orleans, where an office shall be established for the holding of its sessions, and where its archives shall be kept, and services of process shall be made upon the President or Secretary of the Commission in person. Said Commission shall have authority to buy, sell, hold, lease and hypothecate property, real, personal and mixed ; to make and execute all contracts, and generally to do and per- form all things necessary to carry out the objects of this act, subject to all limitations and duties herein provided. It shall have a corporate seal and copies of all regulations of said Com- mission and copies of its proceedings, or leases, papers and other records certified by the Secretary, under the corporate seal, shall he received in all courts as prima facie evidence of the acts, doc- — 4 — uments, records and proceedings of said Commission. Said Com- mission shall adopt by-laws for its own government and the gov- ernment of its employees ; it shall adopt rules and regulations for a comprehensive control of the oyster industry. Any person in inter- est who feels aggrieved by any such rule or regulation shall have the right to test the legality, justice or reasonableness of same in the courts. It shall keep a record of its proceedings, which shall be published after each meeting in a journal published daily in the City of New Orleans, to be selected by it, and its regulations and ordinances shall go into effect ten days after pro- mulgation. It shall be the ' duty of the Commission, at each regular session, to examine all accounts and operations of the Commission, and determine what work shall be undertaken. It shall improve, enlarge and protect the natural oyster reefs of this State as its means permit ; said Commission shall assist in pro- tecting the lessees of private bedding grounds in the enjoyment of their rights, and it shall make to each session of the General Assembly a report of the condition of the oyster industry, and the oyster territory belonging to the State and recommendations for the development of the industry and the proper protection of the rights of the State. Sec. 5. Be it further enacted , etc., That the Commissioners shall convene and hold their first meeting in the City of New Orleans on the 2nd day of January, 1905 ; and the Commis- sioners appointed under the provisions of Act 153 of 1902 shall continue in office and discharge all of the duties imposed by this act upon the Commissioners until said day. A majority of said Commissioners shall constitute a quorum to do business ; they shall organize by electing one of their number President. They shall appoint a Secretary, who shall hold office during the pleas- ure of the Commission and whose salary shall not exceed the sum of twelve hundred dollars ($1,200.00 per) annum, and who shall devote his time exclusively to the work of said Commis- sion, and whose office shall be open to the public daily from 9 A. M. to 5 P. M. Said Commission shall designate the time of holding its regular sessions, and may be convened at any time upon the call of its President or upon a call of two of the Com- missioners. In case of the death or resignation of the President, the Secretary shall call the Commission together to fill the vacancy, and in case of the absence, inability or failure to act of the Presi- dent, the Commission shall appoint one of its number President pro tern., who shall perform all the duties of the President. In case of neglect of duty by any Commissioner, or his failure, without good cause, to attend regular meetings for three times suc- cessively, it shall be the duty of the Governor, on the request of — 5 — the Commission, or any person making proof of such neglect, to remove such Commissioner and appoint his successor for the un- expired term. The Commissioners shall each receive a salary of ten dollars ($10) per diem, and actual traveling expenses, when in actual attendance on, coming to, or returning from, the sessions of said Commission, which amount shall be paid out of the funds of the Commission on the warrant of the President, signed by the Secretary; but in no year shall the aggregate sum expended by the Commission for per diem and traveling expenses together exceed the sum of twenty-five hundred dollars ($2,500). The President shall receive a salary of one thousand dollars ($1,000) per annum in addition to his per diem and traveling expenses, and this shall not be charged against the twenty-five hundred dollars ($2,500.00; provided for per diem and traveling expenses here- inabove set forth. In addition to the sum of twenty-five hundred dollars ($2,500.00) provided for herein for per diem and traveling expenses of the Commissioners at meetings, the Commission shall be further authorized to expend a sum not exceeding five hundred dollars ($500.00) annually in defraying the traveling expenses of members of the Commission, when engaged on business of the Commission, authorized by the Commission. Sec. 6. Be it further enacted , etc., That the said Commission shall have authority to employ an attorney at a salary not to ex- ceed twelve hundred dollars ($1,200.00) per annum; that it shall elect a Chief Inspector at a salary of one thousand dollars ($1,000) per annum and who may, in addition, receive such a percentage of the license fees, tax and rents collected as the Commission may determine ; provided his total annual compensation shall not exceed the sum of two thousand dollars ($2,000). Said Commission may elect a Civil Engineer and Surveyor to be known as the Chief Surveyor, whose compensation to be fixed by the Commissioners annually shall not exceed two thousand five hundred dollar 5 ; ($2,500) per annum, and whose service shall be devoted exclu- sively to the work of the Commission. The Commissioners shall appoint such deputy surveyors as may be necessary, which said deputies shall survey the bedding grounds of applicants, and shall receive for such service, such compensation, payable by the applicant, as the Commission may determine. Said Commission shall have authority to employ such Deputy Inspectors, Collectors, Patrolmen and other employees, at salaries to be fixed by said Commission, as may be necessary to regulate the oyster industry and carry into effect the provisions of this act and the rules and regulations of the Commission. All employees and officers of the Commission may be removed by the Commission at any time and may be suspended by the President for cause pending a meeting of the said Commission. Sec. 7. Be it further enacted , etc., That all funds of said Com- mission shall be deposited with the State Treasurer to the credit of the “Oyster Commission of Louisiana/’ and all warrants drawn thereon by the President, attested by the Secretary, and seal of said Commission, shall specify the indebtedness said warrants are intended to liquidate, in whole or part, and said funds shall not be drawn from the treasury except on the warrant of the State Auditor of Public Accounts which he shall issue in exchange for the warrants of said Commission. The Commission shall on the first day of July of each and every year draw its warrant in favor of the State Treasurer for such surplus of funds as the books of said Commission show to exist after providing for the payment of all obligations incurred to said date. The said Commission in de- termining its outstanding obligations as herein provided shall reimburse each parish of this State for such criminal expenses as such parishes may incur in the criminal prosecution and confine- ment of violators of the provisions of this law and the rules and regulations of the Commission, said amount to be based upon the certificate of the District Judge. The said surplus shall annually be credited by the State Treasurer and State Auditor, one-half to the public school fund, and one-half to a fund for the pur- pose of improving the public roads of the State. The fiscal year of said Commission shall begin July first and end June thirtieth. The Auditor shall not in any fiscal year warrant on said funds for more than thirty-five thousand dollars ($35,000) and all funds in excess of thirty-five thousand dollars ($35,000) shall be credited to the school and road fund as heretofore provided, and the sum of thirty-five thousand dollars ($35,000) for the fiscal year ending June 30, 1905, and thirty-five thousand dollars ($35,000) for the fiscal year ending June 30, 1906, or as much thereof as may be nec- essary be and the same is hereby appropriated out of said oyster fund, to be subject to the warrant of the Oyster Commission as herein set forth, provided the said funds shall have first been col- lected by the said Oyster Commission under the provisions of this act and placed to its credit with the State Auditor and Treasurer. The funds arising from all licenses, rents and other sources, except the three (3) cent privilege tax, shall be collected by, and paid to the Secretary of said Commission under such rules and regulations as said Commission may prescribe, and the Secretary shall deposit the same daily to the credit of said Commission in a bank in the City of New Orleans selected by the Commission, and the Com- mission shall remit the same monthly to the State Treasurer and settle with the State Auditor at least monthly. All privilege taxes, as hereinafter levied, shall be collected by the Tax Collectors, Sheriffs and ex-officio Tax Collectors of the several parishes of the State where such taxes are collectable under the regulations of the Commission and said Tax Collectors, Sheriffs and ex-officio Tax Collectors shall deposit their collections and make their settlements of same monthly with the State Treasurer and State Auditor, and all amounts so collected shall be placed to the credit of the fund of said “Oyster Commission of Louis- iana” by the State Auditor and the State Treasurer, who shall pay the warrants of the Commission out of the funds to the credit of said Commission. Such privilege taxes shall be col- lected under the rules and regulations to be established by said Commission. No railroad, steamboat or other common carrier shall receive any oysters subject to the privilege tax herein prvided for and on which the privilege tax has not been paid, without entering the tax on the bill of lading and collecting the same ; and it shall be their duty to remit the amount of tax collected to the tax collector of the parish from which the produce was shipped. Any common carrier failing to collect said privilege tax as herein provided, and failing to remit the same monthly to the Tax Collector as herein provided shall be deemed guilty of a violation of the provisions of this act. Bonds for the faithful performance of their duties shall be . furnished by the several officials of said Commission as follows : President in the sum of twenty-five hundred dollars ($2,500). Secretary, in the sum of twenty-five hundred dollars ($2,500). Chief Inspector, in the sum of fifteen hundred dollars ($1,500). Chief Surveyor, in the sum of one thousand dollars ($1,000). Deputy Inspectors and Surveyors, in the sum of one thousand dollars ($1,000) each, and the said Commission shall have the right to increase the amount of any of said bonds whenever it deems it advisable and may pay the cost of the premium of said bonds. No one interested in the oyster industry shall be a com- petent surety on said bonds. Sec. 8. Be it further enacted, etc-, That the said Commission shall acquire such boats, vessels and other property as may be necessary to regulate and control the oyster industry, and as soon as the funds become available for the purpose, said Commission shall establish and maintain, by means of armed vessels, the neces- sary patrol of the Gulf Coast with authority to use such arms as may be necessary to capture any vessel or person violating the provisions of this act, or the rules and regulations of said Com- mission. All the property now owned by the Oyster Commission of Louisiana organized under Act 153 of 1902, shall revert to and become the property of the Oyster Commission of Louisiana, or- ganized under the provisions of this act. The said Commission shall have the power to establish ports of entry at such points as it may deem convenient, where the privilege taxes hereinafter levied on oysters shall be paid, and shall have the power to make — 8 — such rules and regulations as may be necessary to enforce the collection of the privilege taxes hereinafter levied on the oysters subject thereto. Each packer, canner, corporation, firm, commission man or daeler shall keep a record of all the oysters purchased by him, with the names of the parties from whom purchased, the quan- tity and the date, and shall keep an itemized account of all oys- ters caught by such packer, corporation, firm, dealer or other person, and all caught and taken by boats controlled by them, and shall exhibit said accounts at all times, when called upon by any Commissioner or officer so to do ; and shall on the first day of each month make a return under oath to the said Commission as to the number of barrels purchased and caught during the pre- ceding month ; and the making of any false affidavit to any re- turn shall be perjury and punishable as is provided in other cases of perjury. The Commission shall be authorized to require detailed returns whenever it deems same necessary. Sec. 9. Be it further enacted , etc ., That for the purpose of improving the natural oyster reefs and protecting both the nat- ural reefs and private bedding grounds and to carry out the purposes of this act, and as one of the conditions on which the State consents to the fishing or removal of oysters from her natural reefs, and the use or rental of her water bottoms for oys- ter propagating purposes, there be and is hereby levied a special assessment, forced contribution or privilege tax of three (3) cents per barrel on each and every barrel of oysters gathered from the waters of this State, whether from the natural reefs, bedding or propagating grounds, for sale or consumption. Oysters taken from any waters for bedding purposes shall not pay this tax until again taken up for consumption or sale. The Inspectors of said Commission are authorized to enter upon any boat, or to enter any building where oysters are carried or stored and to examine such oysters at all times. No person, firm or corporation shall engage in the business of canning oysters in this State, until they shall first have procured from the “Oyster Com- mission of Louisiana” an annual police license for which a charge of one hundred dollars ($100) shall be made by said Commission for each steam box in use in such establishment ; and no person firm, or corporation shall engage in the business of buying tor resale and shipping oysters raw in shells, or packed, until they shall first have procured from said Commission an annual po- lice license, for which a charge of twenty-five dollars ($25.00) shall be made by said Commission when ten or more shuckers shall be employed in such establishment. When less than ten and more than five shuckers are employed, the police license shall be fifteen dollars ($15.00) per annum; when five or less shuckers are employed, the police license shall be ten dollars ($10.00) per annum ; and when no shuckers are employed, and oysters are han- dled only in the shell, tl)e police license shall be ten dollars ($10.00) per annum, when not more than ten thousand barrels of oysters are bought, shipped and sold per annum ; fifteen dollars ($15) per annum, where more than ten thousand, and less than fifteen thousand barrels of oysters are bought, shipped and sold per annum ; and twenty dollars ($20) per annum where more than fifteen and less than twenty thousand barrels are bought, shipped and sold per annum ; and when the number of barrels of oysters bought, shipped and sold per annum shall exceed twenty thou- sand, the license shall be twenty-five dollars ($25) per annum. No person, firm or corporation shall begin business without first procuring at least the minimum license. At the end of the year the sworn returns, herein provided for, of oysters bought, shipped and sold by each licensee shall be computed, and such li- censee shall pay any additional licenses shown to be due by him thereby. Vessels purchasing for resale oysters to make up a cargo shall procure a police license permitting the conduct of such business which shall be graded upon the tonnage of the boat em- ployed, on the following basis, to-wit : Where the boat does not exceed five tons, the police license shall be ten ($10) dollars per annum ; where the tonnage is more than five and not exceeding ten tons, the license shall be fifteen ($15) dollars per annum; where the tonnage exceeds ten tons, the police license shall be twenty ($20) dollars per annum, and every such licensed vessel ‘shall carry on board a suitable book in which a daily record shall be made of all oysters purchased, and giving the date of purchase, the name of the seller or vessel from which purchased and the quantity of oysters purchased, which said record shall at all times be open to the inspection of the officials of said Commission and extracts therefrom shall be furnished said Commission whenever required. All vessels engaged in the oyster industry, before beginning operations must first secure a polcie license from the said Com- mission, and for this purpose the owner, captain or agent of said vessel must present in writing an application setting forth the name and description of said vessel, the name and post office ad- dress of the owner and captain, the number of the crew, and such further data as said Commission shall deem necessary, and thereupon the secretary shall register said vessel and issue the necessary license on payment of the cost thereof. All licenses shall be graduated according to the oyster carrying capacity of each boat or vessel, and shall be ascertained under the rules and regulations to be prescribed by the Commission, on the basis of — 10 — twenty (20) barrels to a ton; and all vessels or boats are re- quired to submit to the necessary survey for their licenses; and a police license tax of fifty (50) cents per ton, or a fraction of a ton, is hereby levied on each vessel or boat engaged in the oyster industry in this State, when of one (1) ton or more capacity. Payment of this police license and a compliance with the provi- sions of the regulations shall be required of all vessels deter- mined by the Commission to be engaged in the freighting of oysters as their exclusive cargo, when in the opinion of the Commission police inspection of their cargo is necessary. No boat or vessel engaged in the oyster industry shall change its name without the consent of the Commission. These licenses shall always be subject to inspection by the officers of the Commission, and shall not be good for any other vessel or owner than that for which issued, without the consent of the Commission written across the face of the license. Li- censes shall be issued by the secretary of the . Commission on license blanks, which shall be furnished by the State Auditor. The license year for all licenses shall begin September 1st of one year and end August 31st of the next year. Any person, firm, corporation, or vessel commencing operations without previously securing the required license shall be guilty of a violation of this act. The licenses provided by this section being police licenses exacted by the State in the control of her own property, and in the protection of the oyster property of others, over which a police control is necessary, no parish or municipality shall impose any licenses under the authority of this act. •Sec. 10. Be it further enacted, etc., That the said Commission shall have power to lease any water bottoms in the State of Lou- isiana, as described in Section 1 of this act, and desirable for purposes of bedding, planting and cultivating or propagating oysters. No natural oyster reefs shall be leased. These leases can only be made to citizens of Louisiana, Louisiana firms, com- posed of citizens of Louisiana, and Louisiana corporations domiciled in this State. No one person or corporation shall hold or own stock in several oyster corporations leasing oyster bottoms where the aggregate value of said stock, in addi- tion to their own holdings, would exceed the maximum value of a corporation organized to develop and own a one thousand (1,000) acre farm and its necessary equipments, factory, work- ing capital, etc. All others are forbidden to hold these leases either as original lessees, or as heirs, assigns or transferrees, whether such assignment or transfer be conventional or judicial, voluntary or forced. Sec. it. Be it further enacted, etc.. That any qualified per- son, firm or corporation desiring to lease a part of the bottom or — II bed of any of the waters of this State as provided for above, shall present to the Commission a written application setting forth the name and address of the applicant, a reasonably definite description of the location and amount of the land covered by water desired, and shall pray that the application be registered that the water bottoms be surveyed, and a plan or map of survey thereof be made, and that the water bottom described be leased to the applicant under the provisions of this act. Thereupon the Commission shall register said application and shall order the survey and plan made forthwith at the expense of the applicant. When applications are made, by two or more persons for the same lands, they shall be leased to the applicant who first filed application for same. The Commission shall require the bodies of land leased to be as compact as possible, taking into consider- ation the shape of the body of water and the condition of the bottom as to hardness or soft mud which would render them de- sirable or undesirable for the purposes of oyster cultivation. Sec. 12. Be- it further enacted , etc., That as soon as the sur- vey shall have been made, and the plan or map thereof shall have been filed with the Commission, and the cost thereof paid by the applicant, the Commission shall execute, in duplicate, a lease of the water bottoms to the applicant; one duplicate to be delivered to him, and the other with the plan of survey to be retained by the Commission, and registered in a Lease Book which shall be kept, and thereafter such lessee shall enjoy the exclusive use of said lands, and all oysters, shells and cultch grown or placed thereon shall be his exclusive property. The Commission shall require the lessee to stake off and mark the water bottom leased, by such ranges, monuments, stakes, buoys, etc., as it may deem necessary to ascertain and locate the same, to the end that the location and limits of the land embraced in such lease may be easily and accurately found and fixed. Failure on the part of the lessee to comply with the order of the Commission to this effect within the time fixed by it shall subject such lessee in the discre- tion of the Commission to a fine not exceeding five dollars ($5) per acre. All lessees shall cause the area of the leased water bottom and the name of the lessee to be shown by signs as may be determined by the Commission. Sec. 13. Be it further enacted, etc., That all leases made un- der the provisions of Section 12, shall begin on the day that the lease is signed, and shall expire on the first day of October in the fifteenth year thereafter. The rent shall be one dollar ($1.00) per acre or any fraction of an acre per annum. This rent shall be paid in advance at the time of signing the lease, up to the first day of October next folio wing, and annually thereafter, in ad- — 12 - vance on or before the first day of October in each year, until the expiration of the original lease, whether held by the original lessee, or by an heir, assign or transferree. No person, firm or corporation shall lease, hold or control more than one thousand (1,000) acres of these water lands and any person, firm or cor- poration which holds or controls, or seeks or attempts to hold or control by partnership or otherwise more than this amount by any scheme, agreement, understanding or combination whatso- ever. shall forfeit all lease held by him or it. The Commission shail have power to make such other stipulations in the leases, as it shall deem necessary or proper. No taxes, assessments or li- censes, other than those imposed by this act shall be levied or im- posed on said leases or said leased lands, but the annual rental exacted and paid shall be held and considered all that can or should be exacted by the State or any of its subordinate political corporations or municipalities. Each tenant leasing water bot- toms under the provisions of this act, shall after five years from the commencement of his lease, place under cultivation yearly at least one-tenth of the water bottoms leased still remaining uncul- tivated. Sec. 14. Be it further enacted , etc ., That said leases shall be heritable and shall be transferable, in whole or in part, provided the heirs or transferrees be residents of this State or firm» com- posed of residents of this State, or Louisiana corporations domi- ciled in this State. Non-residents of this State acquiring by in- heritance or at forced sale, or persons already holding one thou- sand (1,000) acres, shall be permitted to hold for twelve months, at the end of which time, under penalty of forfeiture, they shall sell to some qualified person, firm or corporation of this State such bedding or propagating grounds as may be so acquired by them. These leases shall also be subject to mortgage, pledge or hypothecation, and shall be subject to seizure and sale for debt, as any other property, rights and credits in this State, and this provision shall also apply to all buildings, betterments and im- provements thereon. No such inheritance or transfer shall be valid or of any force or effect whatever, unless evidenced by an authentic act, judgment or proper judicial deed, registered in the office of the Commission in a book to be provided for said pur- pose. The Commission shall keep proper indexes, so that all original leases and all subsequent changes and transfers can be easily and accurately ascertained. The water bottoms around the Biological Station, situated in the Parish of Cameron, near the mouth of the Calcasieu River, shall be reserved for experimental purposes to the following ex- tent, to-wit : — To a distance of a quarter of a mile above the said - 13 - station to the full extent of the river and down the river to the Gulf to the full extent of said river and to a distance of one mile east and west of the mouth of the river, and extending to the full limit in the Gulf. Should it be subsequently found that any of said reserve water area is unnecessary for the experimental pur- poses, and upon notification to that effect by the Director of said Biological Station, said unnecessary area shall be opened to rental. Sec. 15. Be it further enacted , etc., That all leases shall stipu- late for the payment of the annual rent in advance, on or before the first day of October in each year, and a further stipulation that the failure of the tenant to pay the rent punctually on or be- fore said day, or within thirty (30) days thereafter, shall ipso facto, and without any demand or putting in default, terminate and cancel said lease and forfeit to the Commission all the works, improvements, betterments and oysters on the said leased water bottoms, and authorize the Commission to at once enter on said water bottoms, and take possession thereof ; and such water bot- toms shall then be open for lease as herein provided; and the Commission shall, ten days thereafter, enter such termination, cancellation and forfeiture on its books, and shall give such pub- lic notice thereof, and of the fact that the water bottoms are open for lease, as it shall deem proper; provided that the Commission may, in its discretion, waive such termination, cancellation and forfeiture when the rent due, with ten (10) per cent, additional, be tendered to it within sixty (60) days after same became due. No leased water bottoms shall be forfeited for non-payment of rent under the provisions of this section, unless there shall pre- viously have been mailed, by the Commission, to the last known address of such tenant according to the books of the Commission, a thirty (30) days’ notice of the maturity of said rental. Sec. 16. Be it further enacted, etc., That after the original lease for fifteen years under the provisions of Section 12 shall have expired, said tenant shall have a right to renew said lease under the same terms, conditions and stipulations for a further term of ten (10) years, except that the annual rental shall be two dollars ($2) per acre per annum. At the end of said ten years no permanent works, betterments or improvements shall be removed from said leased land and the lessee holding the land, whether the original tenant, or an heir, . assignee or transferree, shall have a right to a renewal of said lease under such terms, conditions and stipulation as the Commission may determine upon his filing application therefor, ninety days before the expiration of said lease. All rentals shall be payable annually in advance. Should the tenant or lessee be dissatisfied with the terms, condi- tions and stipulations fixed by the Commission, he shall have the — 14 - right to bring his action in the District Court for the Parish in which the leased land, or the greater portion thereof is situated, against the Commission to have said terms, conditions and stipu- lations reviewed, passed upon and made to conform to justice and equity. Both parties shall have a right of appeal from the judg- ment of the District Court to the Supreme Court or to the Court of Appeals, as the value of the subject matter in dispute shall de- termine ; provided, that the renewals provided for in this section and all subsequent renewals shall not be for a shorter period than three years, nor a longer period than ten years. Should the lessee fail to take advantage of the renewals provided for in this section, all the improvements and betterments upon the leased land shall revert to and become the property of the State. Sec. 17. Be it further enacted, etc., That should any one, within four months after any original lease is granted, claim that a natural oyster reef exists in the lands leased, he shall address a written petition to the Commission, verified under oath, in which he shall concisely set forth his claim, and state the location and approximate area of the natural reef, and shall pray the Com- mission to cancel the lease of said reef. Each such petition shall be accompanied by a deposit of ten ($10.00) dollars to defray the costs of examining into the matter, and no petition shall be con- sidered unless accompanied by this deposit. Should the Commis- sion determine that the charge is untrue the ten dollars ($10.00) deposit made by the petitioner shall go to defray the expenses ; otherwise the same shall be returned to the petitioner. Should it determine that the said leased area contains a natural reef which should be left open for public fishing, the tenant shall pay all costs, and the said natural reef shall be surveyed, marked and buoyed or staked and the lease thereof cancelled, all at the ex- pense of the lessee. In all cases the lessee must be notified of the charge, and of the time and place of investigation, and be given full reasonable opportunity to be heard. No such petition shall be received and be acted upon unless presented within four months after the date of the lease, and after such time shall have elapsed, the lessee shall be secure against attack on such account. In every case the decision of the Commission shall be subject to appeal or review by the Judge of the District Court of the district within which the alleged natural reef is situated, who shall dis- pose of the matter as rapidly as possible, without the aid of a jury. The decision of the District Judge shall in turn be sub- ject to appeal, as provided by law. Sec. 18. Be it further enacted, etc., That the Secretary of the Oyster Commission shall give to each licensed vessel or boat a license number and the captain of said vessel shall at once cause to be painted on each side of the bow of such vessel or boat, in - 15 - figures at least six inches long and of proportionate width, in a color distinct and different from the body color of the hull, and shall also display said number on the peak of the main sail of his vessel, and each figure on said sail shall be at least twenty-two (22) inches long, of proportional width and six (6) inches apart; that any person, firm or corporation staking off the water bot- toms of this State or bedding oysters on the bottom of the wa- ters of this State without previously leasing same from the Com- mission shall be guilty of a misdemeanor and shall pay a fine of not exceeding one hundred dollars ($100.00) nor less than twenty-five dollars ($25.00), or shall suffer imprisonment not exceeding six months, nor less than ten days, or both in the dis- cretion .of the Court. Sec. 19. Be it further enacted , etc., That hereafter it shall not be lawful for any person, firm or corporation to take or catch oysters on the natural oyster reefs of this State, or to have such oysters in his possession for sale between the first day of May and the first day of September of each year, except from private leased grounds ; but the possession of oysters during said closed season shall be a prima facie violation of this act, and the onus shall be upon the accused to establish that the oysters were from private leased grounds. For the purpose of this act all oysters in possession of any person, firm or corporation in this* State shall be deemed to be oysters fished in Louisiana waters and the onus shall be on the possessor of such oysters to prove that they were fished or gathered beyond the jurisdiction of the State of Louisiana. Sec. 20. Be it further enacted, etc., That all oysters taken from natural reefs of this State shall be culled upon their natural reefs as taken, and all oysters which measure less than two and one-half (2^) inches from hinge to mouth and all dead shells shall be immediately replaced and scattered broadcast upon the natural reefs from which they are taken. No captain or person in charge of any vessel, and no canner, packer, commission man, dealer or other person shall have in his possession off the natural reefs, any natural reef oysters not culled according to law. Any excess of over five (5) per centum of dead shells and small oysters in any cargo or lot of oysters shall be considered a viola- tion of this act, and the Inspectors of the Commission are author- ized to cause to be measured up the whole or a part of said cargo or lot of oysters at the expense of such person or vessel, to deter- mine said percentage when found necessary; provided that un- culled oysters in the possession of any canner, shucker or catcher shall be presumed to be natural reef oysters, and the onus shall be upon the accused to prove that they were fished from a private bedding or planting ground. The Commission may permit les- — 16 — sees of oyster bedding grounds located more than six miles from a known natural oyster reef, to fish for bedding purposes from the natural reefs unculled oysters as seed, provided this shall only be done after obtaining from the Commission a permit so to do, and provided no lessee shall fish more than ten barrels of seed oysters per acre of his lease, provided further, that in the event of the de- struction of the oysters on said leased bedding grounds by an un- avoidable accident or natural calamity, and upon due proof of same made to the Commission, said lessee may obtain a similar second supply of seed oysters. Sec. 21. Be it further enacted, etc., That hereafter it shall be unlawful to use a dredge, or any means or implement other than hand tongs, in removing oysters from the natural oyster reefs of this State, except in water over fifteen feet deep, or where in the opinion of the Commission, the body of water regardless of its depth is declared to be too open and exposed to be ordinarily fished with hand tongs, in which event the Oyster Commission shall be authorized to issue a license for the use of scrapers or dredges, provided the applicant shall pay an annual police license fee of ten dollars ($10.00) for each dredge or scraper, and shall give bond in favor of the Commission with good security in the sum of one thousand dollars ($1,000.00), conditioned that said implement shall not be used on the natural reefs contrary to law, and provided further, that the right of the Commission to declare bodies of water too open and exposed to be fished with hand tongs shall not apply to any water surface within one mile of the shore. Any one operating on the natural reefs a dredge, scraper or simi- lar instrument in fishing oysters, contrary to the provisions of this act, shall, upon conviction, be fined in a sum not exceeding one thousand dollars ($1,000.00) nor less than one hundred dollars ($100.00), or imprisoned with, or without hard labor, not exceed- ing two years, nor less than twenty days, or both in the discretion of the Court. Lessees of propagating or bedding grounds shall have the right to use on such bedding grounds any implements or appliances that they may desire. The Commission may require that such lessee may procure a permit from the Commission to use such implements, and the Commission may require of such lessees that they shall furnish a bond in favor of the Commission in the sum of one thousand dollars ($1,000.00), that such instruments or ap- pliances shall not be used on the natural oyster reefs contrary to law. When such instruments or appliances are used exclusively on private propagating or bedding grounds no charge shall be made for said permit. Sec. 22. Be it further enacted, etc., That any person who shall —i7— wilfully take oysters or shells or cultch bedded or planted by a li- censee under this act, or any oysters deposited by such licensees making up a cargo for market, or who shall wilfully carry or at- tempt to carry same away without permission of the owner there- of, or who shall wilfully remove, break off, destroy or otherwise injure or alter any stakes, bounds, buoys, or other designations of any natural oyster reef, or private bedding or propagating grounds, or who shall wilfully injure, destroy or remove any in- closures, guards or other protections around any oyster beds, or who shall wilfully move any bedding ground stake, any buoy, mark or designation placed by the Oyster Commission, shall be guilty of a violation of the provisions of this act. Sec. 23. Be it further enacted, etc., That for the purrpose of carrying into effect the provisions of this act and the rules' and regulations of the' Oyster Commission, commissioners, inspectors, employees of the Oyster Commission, captains and members of the crews of all vessels engaged in the oyster industry are hereby con- stituted peace officers with power to arrest on view, without war- rant, any one violating the provisions of the law or the rules and regulations of the Commission ; and it shall be the duty of such captains or crews to lend their assistance and the assistance of their vessels to any Inspector of the Commission in making ar- rests. The Oyster Commission shall, as soon as possible, have copies of this act printed for free distribution. It shall publish in its official journal its rules and regulations from time to time as they are adopted, and shall annually publish its rules and regula- tions in pamphlet form for free distribution, and shall make an annual report to the Governor of the operations of said Com- mission. Sec. 24. Be it further enacted, etc., That the Oyster Commis- sion herein constituted shall be authorized to settle all disputes as to boundaries between lessees of bedding grounds, the proceedings to be conducted under such rules and regulations as said Commis- sion may prescribe, reserving to each party a right to appeal to the Court. In all the operations of the Commission the standard legal measure, in calculating the quantity of oysters, shall be used. Sec. 25. Be it further enacted, etc.. That east of a projected line separating the parishes of Lafourche and Jefferson a natural oyster reef shall be considered and defined as an area containing not less than a continuous area equalling a square acre of the bottom of any water where oysters are found, growing naturally the time, and of sufficient quantities to make their fishing profit- able by means of hand tongs. West of said line a natural oyster reef shall be considered and defined as an area equalling not less than ten thousand (10,000) square feet of the bottom of any body of water, where oysters are found growing naturally at the time — i8— and of sufficient quantities to make their fishing profitable by means of hand tongs, provided no break of continuity in any reef of less than twenty-five (25) feet shall be considered. The Oyster Commission, however, shall, in all cases, be the judge as to whether any particular bottom is or is not a natural reef, and where any particular locality shall have been declared open for lease, for oyster bedding or propagating purposes by resolution of the Oyster Commission, the correctness of the Commission’s ruling shall be subject to review by the Judge of the District Court, as hereinbefore provided in Section 19. The Commission may expend not more than five thousand dollars ($5,000.00) per annum in improving and enlarging the natural oyster reefs in this State by depositing and spreading shells, breaking up bunched oysters, and the use of such other means, as said Commission may determine; and the Commission shall have authority, in working and improving said natural reefs, to use hand or power dredges, should it deem it wise to do so, and to experiment with such im- plements as may be used or come into use in other States, or be invented in this State. Sec. 26. Be it further enacted , etc., That all vessels with their cargoes, violating the provision of this law or the rules and regu- lations of the Commission shall be seized by any one authorized to make arrests under this act, and taken into custody and delivered to the sheriff of the parish in which the seizure is made, and shall be liable to forfeiture on appropriate proceedings being instituted by the Commission, before the District Court of that Parish, and such District Court shall formulate and adopt rules to govern the proceedings in these cases. The cargo shall be at once disposed of by the sheriff for account of whom it may concern. Should the master or any member of the crew of said vessel be found guilty' of using dredges or other instruments in fishing oysters on the natural reefs contrary to law, or fishing oysters on the natural reefs out of season, or unlawfully taking oysters belonging to a lessee, such vessel shall be declared forfeited by the Court and ordered sold, and the proceeds of sale shall be deposited with the State Treasurer to the credit of the Oyster Commission. Pending the proceeding such vessel may be released upon the owner fur- nishing bond with good and solvent security in double the value of the vessel conditioned upon its being returned in good condi- tion to the sheriff to abide the judgment of the Court. Any per- son found guilty of violating this law or the rules and regulations of the Commission shall at once forfeit all licenses that he may have ; any' person found guilty, of wilfully violating the provisions of this law, shall upon conviction, unless otherwise provided here- in, be fined in a sum of not less than fifty dollars ($50.00), nor more than one thousand dollars ($1,000.00) or imprisoned, with or without hard labor, not less than thirty (30) days nor more than two (2) years, or both, in the discretion of the' Court, after a trial in the District Court in this State. Sec. 27. Be it further enacted , etc., That Act No. 153 of 1902, approved July 8th, 1902, and all laws on the same subject matter and all laws in conflict herewith be and they are hereby repealed, and that this act shall take effect from and after its promulgation. INDEX A. PAGE. Acreage 12 Amendments of law 3 Appeal, from rules and regulations 4 Application for lease 11 Appropriation 6 Armed patrol 7 Attorney 5 Auditor, settlement with 6 B. Bedding ground, application for 11 leasing of 11 Biological station 12 Blanks for license 10 Boats and vessels 7 Bonds for dredges 16 “ “ employees 7 “ “ vessels 18 Boundary line dispute 17 Buoys of bedding grounds 8-11 Buying for resale 9 By-laws 4 C. Canners, as to privilege tax 8 “ “ “ license 8 “ must can in Louisiana 2 Cargo, sale of 18 Certified copies, as evidence 3 Change of name of vessel 10 Chief inspector 5 “ surveyor 5 Closed season 15 Collection of revenues 6 Combinations prohibited 12 Commissioners, appointment.-. 2 “ appointed under act 153 of 1902 4 “ duty \ “ experiments 18 foiling to attend meetings 4 “ monthly settlement 6 “ per diem 5 “ powers 3 “ qualifications 2 “ removal of 3 “ right to sue 3 Common carriers and privilege tax 7 Complaint, as to natural reefs 14 Control of Oyster Commission 1 Corporations’ domicile 2 Criminal, expenses of parishes 6 Culling of oysters 15 Culls, percentage of 15 Cultivation required 12 INDEX. — Continued. D. PAGE. Delinquency of rental 13 Deposit by contestant 14 “ of collections 6 Disbursements, yearly 6 Domicile of Commission 3 Dredging of oysters 16 Dredging on private land 16 E. Employees, appointment 5 “ interest in industry 3 “ non-residents 2 Evidence, prima facie 3 Experiments by Commission 18 Exportation of oysters 2 F. Failure to attend meetings 4 First applicant 11 Fishing on natural reefs 4 “ “ bedding ground 4 Forfeiture of lease 13 “ “ vessel . . 18 Freighting of oysters..-. 10 G. Graduation of licenses 9-10 Governor, report to 17 I. Inspection of buildings and vessels 8 Improvements on bedding grounds 13 J. Judicial review 13-14-17-18 L. Labor, non-resident 2 “ right to employ 2 Leases, Acts 110 of 1892, 121 of 1896, 153 of 1902 2 “ application 11 “ bedding ground 11 “ forfeiture 11 “ manner of making 10 “ of water bottoms 10 “ register 11 “ transfer of 12 Lessees qualifications 10 License blanks 10 “ begins when 10 by whom collected 6 “ buyer for resale *8 “ canners 8 “ dredgers 16 “ packers 8 “ vessel 9 “ year 10 Limit of leasehold area 10 “ “ stock holdings 10 “ “ taxation 12 Low water mark 2 INDEX. — Continued. M. PAGE. Marking of leased lands 11 Maturity of rental 2 Measurement of vessels 9 Minimum license 9 Minutes, published where 4 Mortgage of bedding grounds 12 Municipal, no license 10 N. Name, change of 10 Natural reefs defined 17-18 “ “ improvement of 4-18 “ “ no right to lease 10-13 “ “ property of state 1 Notice of rental delinquency 13 Number on vessel 14 O. Obligation of lessee 12 Open and exposed waters 16 Office hours 4 Official journal 4 Officers, powers of 16 Operating without license 10 Ordinance goes into effect 4 P. Packers 7-8 “ as to tax 7 Parishes, criminal expense 6 “ no right to levy licenses 10 Patrol boats 7 Payment of rental 13 Penalty, failure to stake 11 “ omitting number 18 “ removing stakes 17 “ violating rules 3 “ violating law 18 Percentage, small oysters 15 Per diem 5 Perjury 8 Port of entry 7 Powers of inspectors 8 President’s salary 5 pro tern 4 Preference of first applicant 11 Prescription 14 Privilege tax 7-8 “ by whom collected 6 Promulgation of rules 4 Property of state 1 “ “ commission 7 Protect natural reefs 4 Publication of act 17 “ rules 17 Q. Qualifications of commissioners 2 “ “ employees 3 INDEX. — Continued. R. Records kept by vessel Register of leases Regulations as to privilege tax . . . , “ of commission Removal of commissioners “ ' “ employees Removing stakes Rental, amount Rent, by whom collected “ payable in advance Renewal of lease Repeal “ clause Report to governor “ to legislature “ by licensees Residents may use bottom Resale, vessels purchasing for Returns at end of license year. . . . Rights of lessees Riparian proprietor Roads Rules and legislature S. Salary of attorney “ “ commissioners “ “ chief inspector “ “ “ surveyor “ “ deputy surveyor “ “ secretary Sale of cargo School fund Seal of commission Secretary “ daily deposit Seed oysters “ fishing of Service of process on commission. . Shells, exportation of Sheriffs’ settlements Shipment out of State Shucker’s license must shuck in Louisiana Special meetings Staking bedding grounds Stock holding limits Surety on bonds Surplus fund Surveyors Survey, plan of Suspension of employees T. Tax collectors’ monthly reports . . . Tenure of non-residents Title Transfer of leases Traveling expenses Trust prohibition Ton, vessels under one PAGE. 9 . 11 8 3 4 5 . 17 ,11-13 6 12-13 2-13 . 19 . 19 . 17 4 8 1 9 9 11-16 2 6 4 . 5 5 5 5 5 4 . 18 6 3 4 6 i 16 , 16 3 2 7 2 8 2 4 11 10 7 6 5 11 5 6 12 1 12 5 12 10 INDEX. — Continued. U. PAGE. Use of water bottoms 15 V. Vessel, change of name 10 “ forfeiture 18 “ license 9 “ number 14 “ purchasing for resale 9 “ records to be kept 9 Violations, where prosecuted 17-18 W. Warrants, issuing of 6 Water bottoms cannot be sold 2 “ “ state property 1 Y. Year, license 10