724

LAWS OF MARYLAND.

proposed to be located, that the owner or owners,

occupant or occupants, may have priority of claim;

and if they 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 ;

Proviso.

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 appropriated oyster land or

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 ex-

pense of the party locating or appropriating the same,

in the office of the clerk of the circuit court in the

county wherein such land may be located; and pro-

vided also that such location and appropriation shall

not injure, obstruct or impede the free navigation ot

said waters; and provided that no natural bar or bed

Proviso,

of oysters shall be so located or appropriated, and

that twelve months peaceable possession of all loca-

tions 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 appropriating 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 in the county where such questions

shall arise, who, after having given notice to the par-

ties interested, proceed to hear the testimony and de-

cide the case, and if decision be in favor ot' the party

locating said five acres, said decision shall be recorded

with the original record of said five acres, and shall

Evidence of
title.

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 sec-

tion, held or claimed by any person, is hereby declared

Proviso.

to be fraudulent and void; provided that no non-resi-

dent 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.