JOHN WALTER SMITH, ESQ., GOVERNOR.

occupant shall fail to locate or appropriate the water men-
tioned in said notice within thirty days after receiving the
same, then it shall be open and free to any one, under the

765

provisions of this section; provided also that the said location
or appropriation shall be described by stakes, leashes, and:
with the name of the owner on a board fastened to a pole or
stake on or within the appropriated oyster lands or by the
proper and visible metes and bounds, which description shall be
reduced to writing under the oath of some competent surveyor
and recorded at the expense of the party locating or appro-
priating the same in the office of the Clerk of the Circuit Court
for the county wherein such land may be located; and pro-
vided also that such locatior and appropriation shall not
injure, obstruct or impede the free navigation of said water,
and provided that no natural bar or bed of oysters shall be so

Location.
How described

located or appropriated and that twelve months peaceable pos-
session of all locations of oyster grounds, under the laws of
this State, shall constitute a good and sufficient title thereto,
but should any one within twelve months be charged with locat-
ing or appropriating any natural bed or bar hereinbefore pro-
hibited the question may be at once submitted by any person in-
terested to the judge of the Circuit Court for the county where
such questions shall arise who, after having given notice to the
parties interested, shall proceed to hear the testimony and de-
cide the case, and if his decision be in favor of the party locat-
ing said acres, said decision shall be recorded with the original
record of said acres, and shall in all cases be conclusive
evidence of title thereto; provided, also that if any stakes or
bushes used as bounds shall be removed by accident or design,
it shall not excuse any person from wrongfully taking such
oysters if he knew the grounds to have been located and ap-
propriated; but any title or pretended title to acres, or other-
wise contrary to this section, held or claimed by any person,
is hereby declared to be fraudulent and void; provided, that
no non-resident of this State shall be entitled to avail him-
self of the provisions of this section, whether he be sole or

When title
confirmed.

part owner of any land in this State, and in case of the death
of any citizen who may have located and appropriated any
lots under the provisions of this section, his executors or
administrators shall have the exclusive use, possession and
control of such lot as fully as the person so dying had for
the purpose of protecting, cultivating and removing the
oysters planted on said lot for the period of three years from
the date of the death of the person appropriating such lot,
and any person or persons taking or attempting to take oys-
ters thus planted or bedded, shall be deemed guilty of a mis-

In case of
death of owner