Sec. 26-247. Removal of beds improperly staked.

In the absence of legislative authority, the state can only invoke judicial action. 48 C. 447; 55 C. 266. Clams and oysters are distinct species of shellfish. Id., 265. Title to natural bed cannot be gained by adverse possession; section is constitutional. 56 C. 509. Provision for removal of stakes is not designed as a method of trying title; nor provision allowing time for removal of oysters, to restrict public rights, but to prevent sudden and forcible ejectment; no recovery allowed for taking a few cents' worth of planted oysters intermingled with natural growth. 66 C. 285.