(a) Any five (5) or more freeholders residing in any county bordering on the Mississippi River or any other navigable river, bayou, bay, or inlet may petition the county court of that county to cause a lot of ground on the bank of the river, bayou, bay, or inlet to be designated and set apart as a steamboat landing and cotton yard for the use of the public, stating in the petition the name of the owner of the landing proposed to be so taken.

(b) Any one (1) or more of the signers to the petition shall enter bond, with sufficient security, payable to the State of Arkansas for the use of the county, conditioned that the person or persons making application for the establishment of a public landing shall pay into the treasury of the county the amount of all costs and expenses accruing on the petition and the proceedings thereon.

(c)

(1) In cases in which the prayer of the petitioners shall not be granted or when proceedings had in pursuance thereof shall not be finally confirmed and established, and on neglect or refusal of the persons so bound, after a liability shall have accrued, to pay into the treasury, according to the tenor of the bond, all costs and expenses that shall have accrued, the clerk of the county court shall deliver the bond to the prosecuting attorney of the district, whose duty it shall be to collect and pay over the bond to the county treasury.

(2) In all cases of contest, the court having jurisdiction of the case shall have power to render judgment for costs according to justice between the parties.