ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

291

under the provisions of this act, then the same shall not he located

or appropriated; but if the said commissioners, or a majority of

them, should determine after a careful examination as aforesaid,

that the said water or the bottom thereunder is subject to loca-

tion and appropriation under the provisions of this act, then it

shall be lawful for the person desiring to locate and appropriate

the same as aforesaid to cause the same then and there to be sur-

veyed by a competent surveyor, and in the presence of said com-

missioners, or a majority of them, and then and there also cause

the lines, bounds and limits of said lot to be marked, designated

and bounded by stakes or other prominent boundaries so that the

said lot and the limits thereof may be easily known and desig-

nated, which said survey shall be reduced to writing by said

surveyor and a plat thereof made, which said written description

for record

and plat thereof shall be approved by the commissioners afore-

said, or a majority of them, and filed for record with the clerk

of the circuit court for Somerset county, who shall record the

same charging therefor the usual fee allowed by law; and at the

time of filing the same for record, the party so filing the same

shall also pay the said clerk the sum of one dollar for the benefit

of the public schools of Somerset county; and the said clerks

shall every six months account and pay over to the treasurer of

the school board of said county the amount which he shall have

in hand from this source, and for which his bond shall be liable ;

the person or persons causing the said survey to be made shall

pay the said surveyor for the said survey, description and plat a

sum not exceeding four dollars for each lot so surveyed, described

Shall pay.

and platted; and shall also pay the said commissioners who may

have examined the said water and the bottom thereunder, each

the sum of two dollars for each lot so examined, whether so

located or not, which said sum shall be paid before any approval

of any survey or plat as hereinbefore required in order that the

said survey and location shall be valid.

C. Whenever five acres of water or the bottom thereunder shall

have been located and appropriated as required by the preceding

sections of this act, the person or persons so locating and appro-

priating the same shall have an easement in said lot for the pur-

Easement.

pose of planting, bedding, protecting, preserving, depositing and

sowing oysters, shells and other shell-fish thereon, which said

easement may be transferred by deed to any male citizen of full

age, of Somerset county, who is not at the time of said transfer

possessed of one of said lots which said deed shall be executed,

acknowledged and recorded, as others deeds now are; and any

such easement in any lot located under the provisions of this act

as aforesaid, and the oysters on said lot shall be liable to assess-

ment and taxation as other property; but the said interest or

easement aforesaid in said lots shall cease upon the death of the