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Session Laws, 1880
Volume 395, Page 317   View pdf image (33K)
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WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 317

appropriation shall be described by stakes, bushes, or

Describe by

other proper and visible metes and bounds, which

stakes

description shall be reduced to writing, under the


oath of some competent surveyor, and recorded at


the expense of the party locating or appropriating
the same, in the office of the clerk of the circr.it court


in the county wherein such land may be located ; and


provided, also, that such location and appropriation


shall not injure, obstruct or impede the free naviga-


tion of said waters; and provided that no natural


bar or bed of oysters shall be so located or appro-


priated ; 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


herein provided be charged with locating or appro-


priating any natural bed or bar hereinbefore pro-


hibited, the question may be at once submitted by


any person interested to the' judge of the circuit


court in the county where such questions shall arise,


who, after having given notice to the parties inter-


ested, proceed to hear the testimony and decide the

Hear testi-

case, and if decision be in favor of the party locat-

mony.

ing 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.


SEC. 24. And be it enacted, That if any creek,


cove or inlet not exceeding one hundred yards, at


low water, in breadth at its mouth, make into the


lands, or that if any creek, cove or inlet of greater


width than one hundred yards, at low water mark,


make into the lands, the owner or owners or other


lawful occupant or occupants shall have the exclu-


sive right to use such creek, cove or inlet when the

Exclusive

mouth of said creek, cove or inlet is one hundred

right.

yards or less in width; and when the said creek,


cove or inlet is more than one hundred yards in


width, at its mouth, at low water, 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 making into


said land or lands, shall become one hundred yards


in width at low water, for preserving, depositing,
bedding or sowing oysters or other shell fish, although


such cove, creek or inlet may not be included in the


lines of any patent.




 

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Session Laws, 1880
Volume 395, Page 317   View pdf image (33K)
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