522

LAWS OF MARYLAND.

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 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

Not to apply
to non-
residents.

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 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 appro-
priating such lot; and any person or persons taking or attempt-
ing to take oysters thus planted or bedded shall be deemed
guilty of a misdemeanor, and upon conviction before a justice
of the peace trying the case shall be fined a sum not less than
fifty dollars nor more than one hundred dollars, and imprisoned
in the house of correction for a period of three to six months,
one-half of said fine to be paid to the informer, and the other
half to be paid to the County Commissioners for the use of
the public schools.