WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 317
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appropriation shall be described by stakes, bushes, or
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Describe by
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other proper and visible metes and bounds, which
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stakes
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description shall be reduced to writing, under the
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oath of some competent surveyor, and recorded at
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the expense of the party locating or appropriating
the same, in the office of the clerk of the circr.it court
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in the county wherein such land may be located ; and
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provided, also, that such location and appropriation
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shall not injure, obstruct or impede the free naviga-
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tion of said waters; and provided that no natural
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bar or bed of oysters shall be so located or appro-
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priated ; and that six months' peaceable possession
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of all locations of oyster grounds, under the laws of
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this State, shall constitute a good and sufficient title
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thereto ; but should any one within the six months
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herein provided be charged with locating or appro-
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priating any natural bed or bar hereinbefore pro-
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hibited, the question may be at once submitted by
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any person interested to the' judge of the circuit
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court in the county where such questions shall arise,
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who, after having given notice to the parties inter-
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ested, proceed to hear the testimony and decide the
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Hear testi-
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case, and if decision be in favor of the party locat-
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mony.
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ing said five acres, said decision shall be recorded
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with the original record of said five acres, and shall,
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in all cases, be conclusive evidence of title thereto.
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SEC. 24. And be it enacted, That if any creek,
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cove or inlet not exceeding one hundred yards, at
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low water, in breadth at its mouth, make into the
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lands, or that if any creek, cove or inlet of greater
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width than one hundred yards, at low water mark,
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make into the lands, the owner or owners or other
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lawful occupant or occupants shall have the exclu-
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sive right to use such creek, cove or inlet when the
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Exclusive
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mouth of said creek, cove or inlet is one hundred
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right.
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yards or less in width; and when the said creek,
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cove or inlet is more than one hundred yards in
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width, at its mouth, at low water, the said owner or
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owners or other lawful occupant or occupants shall
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have exclusive right to use such creek, cove or inlet,
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so soon as said creek, cove or inlet, in making into
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said land or lands, shall become one hundred yards
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in width at low water, for preserving, depositing,
bedding or sowing oysters or other shell fish, although
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such cove, creek or inlet may not be included in the
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lines of any patent.
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