ART. 71. ] OYSTERS. 59

23. Any citizen of this State owning lands lying in any of
the navigable waters of this State, the lines of such lands, in-
cluding any land covered by such waters, may deposit, plant,
bed, sow oysters or other shell fish in the waters so included
within the lines of his land; and any citizen of any county
owning land lying or bounding upon the waters of this State,
may locate and appropriate in any of the waters thereof con-
tiguous thereto, five acres for the purpose of preserving, deposit
ing, bedding, or sowing oysters or other shell fish; provided,
that the said location or appropriation shall be described by
stakes, bushes, or other visible and proper marks, or metes and
bounds, which description shall be reduced to writing under
oath, and recorded at the expense of the party, in the office of
clerk of the Circuit Court of the proper county, and that the
said location and appropriation shall not injure, obstruct or
impede the free navigation of any navigable waters; but no
such location or appropriation shall interfere with the rights
reserved by sections twenty-three and twenty-four of this act.

24. If any creek, cove or inlet, not exceeding one hundred
yards in breadth at its mouth, makes into the land or lands,
the owner or owners, or other lawful occupant or occupants,
shall have the exclusive right to use said creek, cove or inlet,
for depositing, planting, bedding and sowing of oysters and
other shell fish, although such creek, cove or inlet may not be
included in the lines of any patent.

25. Any person who shall take with a drag, dredge, scoop,
rakes, tongs, or any other instrument, or by any means or
method whatever, any oysters or other shell fish embedded,
planted, or sown in accordance with the provisions of sections
twenty-three and twenty-four, or shall carry or attempt to carry
the same away, shall, on conviction thereof in a court having
jurisdiction in such case, be deemed guilty of felony, and shall
be sentenced by the judge of such court, to the penitentiary for
a term not exceeding five years, nor less than one year, at the
discretion of the court.