420 REPORT OF COMMISSIONER OF FISH AND FISHERIES. 



certain space, describing it by such metes and bounds as will suffice to locate it ou 

 the ground or water, and that ho has placed ]>osts or l)uoys as required by law. If 

 such notice be Jiled l»efore tlio four corners are designated by posts or buoys, the 

 notice shall so state and be fcdlowed in sixty days by a supplementary notice alter 

 Ihc four corners are all designated by ])0sts or buoys. Notices of location shall in 

 all cases state that the location described does not conflict with any other private 

 bed, and that it is not on any public bed or oyster reef. The notic(!s filed with the 

 clerk as aforesaid shall further state that the locator is a bona fide citizen of the 

 State of Texas. It shall be signed and sworn to by the locator or his agent; the 

 county clerk shall record such notices in a well-bound book to be kept for that pur- 

 pose, and the original with a certificate of registration returned to the locator. The 

 county clerk shall receive for his services in recording such notices the same fee as 

 is charged for recording deeds. The original or certified copies from the records shall 

 be admissible in evidence under the same rules goserning the admission of deeds or 

 certified copies thereof. When the location lies in more than one county the notice 

 shall be filed in all the counties in which the location is situated, or otherwise the 

 location will bo effective only as to those portions lying in the county or counties 

 in which the notice or notices are filed. Upon complying with the provisions of this 

 act, the right of the locator shall date from the placing of the first post or buoy. All 

 oyster beds x>lanted, created, or established in accordance with sections 3 and 4 of 

 this act shall be private oyster beds, and the owners of the same shall be entitled to 

 all the privileges and protection of this act, after having caused his claim to be duly 

 posted and recorded in the county clerk's office as herein provided. 



6. That it shall not be lawful for any person to i)laut or purchase oysters for plant- 

 ing, bedding, or depositing, or for marketing or for any other purpose whatever, 

 from the Ist day of May to the Ist day of September in any year, and if any person 

 shall violate the provisions of this section, or either of them, he shall be deemed 

 guilty of a misdemeanor, and on conviction he shall be fined for each oflense not less 

 than ten nor more than one hundred dollars. 



7. If any person shall willfully take oysters from a private bed or shall take oys- 

 ters deposited by one making uj) a cargo for market or for family use without the 

 consent or permission of the owner thereof, he shall be deemed guilty of theft, and 

 nipon conviction shall be lined in any sum not less than fifty nor more than two hun- 

 dred dollars, and by confinement in the county jail for a term of not less than twenty 

 (lays nor more than twelve mouths. 



8. It shall bo unlawful for any person or persons to rake, dredge, or excavate Avith 

 machinery any public oyster bed or oyster reefs in the waters of this State. Any 

 person or persons wlio shall violate the provisions of this section shall on conviction 

 be fined in any sum not less than iive hundred nor nu)re than one thousand dollars. 

 Each day's violation of any of the provisions of this section will constitute a separate 

 offense. 



9. Any person who shall willfully deface, injure, or destroy or remove any post or 

 buoy, or any part thereof u.sed to designate the corners or boundaries of any private 

 oyster beds without the consent of the owner of said private oyster bed, shall bo 

 deemed guilty of malicious mischief and punished accordingly. 



10. No person, firm, or corporation shall ever own, lease, or otherwise control more 

 than six hundred and forty acres of land covered with water, the same being oyster 

 locations in this State, and any corporation that now holds six hundred and forty 

 acres or more of such oyster locations shall not be permitted hereafter to acquire, 

 own, lease, or otherwise control more, provided that no corporation shall own or 

 lease, or otherwise control any such land covered by water unless such corporation 

 shall be duly incorporated under the laws of this State. 



11. All laws and parts of laws in conflict with the provisions of this act are hereby 

 repealed. 



12. [Emergency clause.] 



