OYSTERS " 2703

declared to be fraudulent and void; provided that no non-resident of this
State shall be entitled to avail himself of the provisions of this section,
whether he be sole or part owner of any land in this State; and in case of
the death of any citizen who may have located and appropriated any lot
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 remov-
ing 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 oysters thus planted or bedded shall
be deemed guilty of a misdemeanor and upon conviction before a justice
of the peace trying the case shall be fined a sum not less than fifty dollars
nor more than one hundred dollars and be imprisoned in the house of cor-
rection for a period of three to six months, one-half of said fine to be paid
to the informer and the other half to be paid to the county commissioners
for the use of the public schools. This section not to apply to Somerset,
St. Mary's and Calvert counties, for which special laws are enacted.

The provision of this section with reference to no one person owning more than
one lot of five acres, cannot be evaded. If an evasion is attempted, the party gets no
title to additional lots, nor do his assignees. The privilege given by this section has
no element of a grant or patent, but is simply a revocable license. It is neither inheritable
nor assignable. The oysters planted in pursuance of this section remain personal prop-
erty of planter. Hess v. Muir, 65 Md. 599. See also Powell v. Wilson, 85 Md. 357;
Windsor v. State, 103 Md. 613; Phipps v. State, 22 Md. 380.

The three classes of proprietors under this section and sec. 51, distinguished. The
priority given is not an incident of the estate of riparian owner, but is a mere privi-
lege which is essentially different from rights conferred by art. 54, sec. 47, et seq. Con-
struction of the words "lying and bordering." To whom the notice under this section
must be given; when notice is dispensed with, and when it may be posted. Handy v.
Maddox, 85 Md. 550.

Under act of 1894, ch. 380, the only question that can be summarily determined by
judge of circuit court in accordance with this section is whether five acres located
constitute a natural bed. The judge is without jurisdiction to determine other matters
and if he undertakes to do so, court of appeals may review his order. Travers v. Dean,
98 Md. 75.

No appeal lies from the determination of circuit court that an appropriated bed is a
natural bed, and setting aside location. Jackson v. Bennett, 80 Md. 77.

There is no conflict between this section and sec. 52. Powell v. Wilson, 85 Md. 358.

For a case construing and declaring constitutional a similar section in the Code oi
1860, see Phipps v. State, 22 Md. 380.

For a case involving the act 9f 1829, ch. 87, see Baltimore v. McKim, 3 Bl. 469.

Quaere, as to whether the portion of this section denying its benefit to nonresidents
is valid. Hess v. Muir, 65 Md. 606 (separate opinion).

See notes to sec. 52.

An. Code, 1924, sec. 50. 1912, sec. 48. 1904, sec. 47. 1900, ch. 380, sec. 46A.

51. It shall be unlawful for any person or persons or corporation to
locate or appropriate any natural bar or bed of oysters by certificate, as
provided in section 50 of this article, and such unlawful location is hereby
declared a misdemeanor, and upon conviction before a court of competent
jurisdiction or justice of the peace, there shall be a fine of not less than
fifty dollars or imprisonment for not more than three months, or both fine
and imprisonment, in the discretion of the court.
See notes to sec. 50.

An. Code, 1924, sec. 51. 1912, sec. 49. 1904, sec. 48. 1894, ch. 380, sec. 47.

52. If any creek, cove or inlet not exceeding one hundred yards at
low water in breadth at its mouth make into the land, or if any creek, cove
or inlet of greater width than one hundred yards at low water mark make
into the land, the owner or other lawful occupant shall have the exclusive