ART. 72.] OYSTERS—LOCATING LOTS. 1053

section; provided, aiso, that the said location or appropriation
shall be described by stakes, bushes, and with the name of the
owner on a board fastened to a pole or stake on or within the ap-
propriated oyster land, or by other 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 appropriating the same, in the office of
the clerk of the circuit court for the county wherein such land
may be located; and provided, also, that such location and ap-
propriation shall not injure, obstruct or impede the free navigation
of said waters; and provided, that no natural bar or bed of oysters
shall be so located or appropriated, and that twelve months' peace-
able possession 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
interested 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 decide
the case; and if his decision be in favor of the party locating said
five acres, said decision shall be recorded with the original record
of said five 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 appropriated; but any title or
pretended title to more than five acres, or otherwise 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 himself of the provisions of this
section, whether he be sole or part owner of any land in thia
State; and in the 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 ex-
clusive use, possession and control of such lot as fully as the per-
son 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