ART. 71.] OYSTERS.

115

said location or appropriation shall be described by
stakes, bushes or other proper and visible marks,
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 locat-
ing or appropriating the same, in the office of the
clerk of the circuit court for the county wherein such

lands may be located; and provided, also, that such'
location and appropriation shall not injure, obstruct
or impede the free navigation of such waters; and

Proviso.

provided, that no natural bar or bed of oysters shall
be so located or appropriated, and that six months'
peaceable 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
the six months hereinbefore provided, be charged with
locating or appropriating any natural bed or bar, as
hereinbefore prohibited, the question may be at once

Proviso.

submitted, by any person interested, to the judge of
the circuit court in the county where such question
shall arise, who, after having given notice to the par-
ties interested, shall proceed to hear the testimony
and decide the case, and if said decision be in favor
of the party locating said five acres, said decision shall
be recorded with the original record of said five acres,
and shall in all cases be conclusive evidence of title
thereto.

Proceedings
before judge.

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 creek, cove or inlet, when the mouth of
said creek, cove or inlet is one hundred yards or less
in width, and when the said creek, cove or inlet is
more than one hundred yards in width at its mouth,
the said owner or owners, or other lawful occupant or
occupants, shall have exclusive right to use such creek,
cove or inlet, so soon as said creek, cove or inlet, in

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