522

LAWS OF MARYLAND.

with locating or appropriating any natural bed
or bar hereinbefore prohibited, the question
may be at once submitted by any person in-
terested, to the Judge of the Circuit Court in
the county where such questions shall arise,

Notice.

who, after having given notice to the parties
interested, proceed to hear the testimony and
decide the case; and if decision be in the favor
of the party locating said five acres, said deci-
sion 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 brushes used as
bounds shall be removed by accident or de-
sign, 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

Wrongfully
taking.

five acres, or otherwise contrary to this section,
held or claimed by any person, is hereby de-
clared to be fraudulent and void; provided,
that no non-resident of this State shall be en-
titled to avail himself of the provisions of this
section, whether he be sole or part owner of
any land in this State.

SEC. 45. And be it enacted, That if any creek,
cove or inlet, not exceeding one hundred yards
at low water in breadth at its mouth, make
into the lands, or that if any creek, cove or
inlet of greater width than one hundred yards
at low water mark, make into the lands, the
owner or owners, or other lawful occupant or
occupants, shall have the exclusive right to

tnlets.

use such creek, cove or inlet when the mouth
of said creek, cove or inlet is one hundred
yards or less in width; and when the said
creek, cove or inlet is more than one hundred
yards in width at its mouth at low water,
the said owner or owners, or other lawful oc-
cupant or occupants, shall have exclusive
right to use such creek, cove or inlet so soon
as said creek, cove or inlet in making into said
land or lands shall become one hundred yards
in width at low water, for preserving, deposit-