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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 appropriated oyster
land, or other proper and visible metes and
bounds, which description shall be reduced to
writing, under the oath of some competent sur-
veyor, 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 pro-
vided, also, that such location and appropriation
shall not injure, obstruct or impede the free navi-
gation of said waters; and provided, that no
natural bar or bed of oysters shall be so located
or appropriated, and that twelve months' peace-
able 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 locat-
ing or appropriating any natural bed or bar here-
inbefore prohibited, 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
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Proviso.
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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 per-
son 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 ; pro-
vided, that no non-resident of this state shall be
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Evidence of
title.
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