ART. 71.] OYSTERS.

161

27. The owner or owners of any land bordering on
any of the navigable waters of this state, the lines of
which extend into and are covered by the said waters,
shall have the exclusive privilege of using the same for
protecting, sowing, bedding or depositing oysters or
other shell fish within the lines of their own land, and
any owner or owners of land lying and bordering upon
any of the waters of this state, shall have power to
locate and appropriate in any of the waters adjoining
his, her or their land five acres for the purpose of pre-
serving, depositing, bedding or sowing oysters or other
shell fish, and that any other citizen of the state shall
have power to locate and appropriate five acres in any

Ibid 9 28
Owners to have
exclusive privi-
lege, &c.

waters in said state, not located or appropriated, pro-
vided, that ten days' notice in writing shall be given
the owner or owners, occupant or occupants of lands,
bordering on said water proposed to be located. The

Proviso

owner or owners, occupant or occupants may have pri-
ority of claim, and if they shall fail to locate or appro-
priate the water mentioned in said notice within ten
days after receiving the same, then it shall be open
and free to any one under the provisions of this sec-

Owners to have
priority

tion; provided, also, that the said location or appropri-
ation shall be described by stakes, bushes or other pro-
per and visible marks, or metes and bounds, which
description shall be reduced to writing, under the oath
of some competent surveyor, and recorded at the ex-
pense of the party locating or appropriating the same,
in the office of the clerk of the circuit court for the

Proviso.

county wherein such land may be located; and pro-
vided, also, that such location and appropriation shall
not injure, obstruct or impede the free navigation of

Proviso.

such waters; provided, that no natural bar or bed of
oysters shall be so located or appropriated.

Proviso

28. If any creek, cove or inlet not exceeding one
hundred yards in breadth at its mouth make into the
land or lands, or if any creek, cove or inlet of greater
width than one hundred yards make into the land or
lands, the owner or owners, or other lawful occupant
or occupants shall have the exclusive right to use such

Ibid s 29.
Exclusive use
of creek, &c.