ART. 72] LOCATING OYSTER LOTS. 1595

be given the owner or occupant of land bordering on said
waters proposed to be located, that the owner or occupant may
have priority of claim; and if such owner or occupant shall
fail to locate or appropriate the water mentioned in said notice
within thirty days after receiving the same, then it shall be
open and free to any one, under the provisions of this section;
provided, also 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 appro-
priated - oyster land, 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 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 appropriation 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 appro-
priated and that twelve months' peaceable 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 locating or appro-
priating any natural bed or bar hereinbefore prohibited, the
question may be at once submitted by any person interested to
the judge of the circuit court for the county where such ques-
tion 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 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