stakes 



106 



nay have priority of claim, and if tliey shall 

 fail to locate or appropriate the water niention- 

 tioned in said notice within thirty days after 

 receiving the same, then it shall be open and 

 free to any one under the provisions of this sec- 



Describe by tlon ', provlded, also, that the said location or 

 appropriation shall be described by stakes, 

 bushes or other proper and visible 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 locating or appropriating the same in the 

 office of the Clerk of the Circuit Court in the 

 county wherein such land may be located ; and 

 provided, also, that such location and appro- 

 priation shall not injure, obstruct or impede 

 the free navigation of said waters ; and provi- 

 ded, that no natural bar or bed of oysters shall 

 be so located or ai^propriated, and that six 

 months peaceful possession of all locations of 

 oyster grounds under the laws of this State 

 siiall constitute a good and sufficient title 

 thereto : but should any one. within the six 

 months herein provided, l^e charged with loca- 

 ting or appropriating any natuial bed or bar 

 hereinbefore prohibited, 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 interested. 



Hear tesd- ppQceed to hear the testimony and decide the 

 case, and if 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 evi- 

 dence 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 



mony 



