CHAP. 157.--An ACT to amend section 6 of an act approved March 4, 1884, entitled an act for the preservation of oysters, and to obtain revenue for the privilege of taking them from the waters of the commonwealth, as amended by an act approved August --...

§ 6. If any owner or occupier of land having a water front thereon suitable for planting oysters, shall be desirous of obtaining a location thereon for planting oysters, he may make application to any inspector for the county in which he resides, who shall assign to him, on such location as such owner or occupant may designate, in front of his land, a quantity sufficient for the said purpose, to be judged of by said inspector, subject to appeal to the judge of the county court of the county in which said land is located, either in term time or vacation, who is hereby authorized to take cognizance of the same, and make such assignment as shall seem proper: provided that the said assignment shall not exceed one-half of an acre: and provided further, that the privilege thus accorded to the riparian owner may at any time be revoked at the pleasure of the general assembly, said revocation to take effect eighteen months from date of revocation. It shall be the duty of such owner or occupant to cause the same to be marked with suitable stakes, according to the assignment, and thereafter he shall have the exclusive right to thb use thereof for the purpose aforesaid; and this privilege is accorded to said owner or occup nt in consideration of the extra valuation ordinarily assessed upon such land for the water privileges supposed to attach thereto: provided however, that the inspector making the assignment of reservation shall be paid by such owner or occupant a fee of one dollar, and if such owner or occupant shall sell any oysters from said reservation, also an annual rent of twenty-five cents; and all other privileges accorded to riparian owners under the provisions of the section hereby amended are hereby revoked, and the inspectors shall return to riparian owners all taxes, rents and fees collected under the provisions of said section. If any portion of said water front herein reserved or provided for said riparian owners or occupiers of land shall be occupied by others, with oysters actually planted thereon, at the time a location is made of said reservation, the person so occupying the same shall have eighteen months to remove the said, oysters so planted thereon. The balance of said water front or fronts, in excess of what is herein reserved for the riparian owner, and the residue of the beds of the bays, rivers and creeks, other than natural oyster beds or rocks, may be occupied by any person or persons for the purpose of planting oysters, or the propagation of oysters thereon. It shall be the duty of any such person desiring to obtain a location for planting or propagating oysters on any portion of the water fronts and beds aforesaid, not located or reserved as hereinbefore provided for owners and occupiers of land as aforesaid, to apply to an inspector to have his location ascertained and designated, and the same shall be marked with suitable stakes, or by other metes and bounds agreed upon between the applicant and inspector, and he shall pay the inspector for his services a fee of one dollar, and also an annual rent of twenty-five cents for each and every acre assigned to him, payable on the first day of October, annually, and thereafter he shall have the exclusive right to the use of such location so designated for the purpose aforesaid, so long as he complies with the provisions of the law requiring the payment of twenty-five cents per annum for every acre so occupied, subject, however, to the right of revocation by the general assembly. If any portion of said water fronts, or beds or bays, rivers and creeks, is occupied with oysters actually planted thereon, at the time a location is made, or sought to be made under this section, the occupier shall have the prior right against all others to have the said land so occupied by him assigned to him by the inspector: provided said occupier shall have the land so occupied by him ascertained and designated within thirty days from the time that the inspector is called on to locate said land: provided however, that the provisions of this section, which are amendatory to, the section hereby amended, shall not apply to the counties of Richmond, Northampton, Northumberland and Westmoreland, but the provisions of said section are hereby declared to remain in full force, so far as said counties are concerned, notwithstanding the amendments thereto contained in this section: provided, however, that nothing in this section that restores to the riparian owners in the counties of Northampton, Richmond, Westmoreland and Northumberland one-fourth of their respective water-fronts, suitable for planting oysters, shall be so construed as to permit the owners of water fronts to compel occupants of said fronts to remove their oysters from any fourth of any shore if balance of said shore be already in his said land-owner's possession or unoccupied. Location for planting oysters; how obtained Time to remove planted oysters Counties excepted