Chap. 426.—An ACT to amend and re-enact sections 13 and 17, and
repeal sections 39 and 4o of an act for the preservation of oysters,
and to obtain revenue for the privilege of taking them within the
waters of the commonwealth, approved March 4, 1884, as amended
by the act approved August 27, 1884, as amended by the acts ap-
proved November 26, 1884, and November 29, 1884.

Approved March 6, 1886.

1. Be it enacted by the general assembly of Virginia, That
sections thirty-nine and forty of chapter two hundred and fifty-
four, acts of assembly, eighteen hundred and eighty-three and
eighty- four, approved March four, eighteen hundred and eighty-
four, entitled an act for the preservation of oysters, and to ob-
tain revenue for the privilege of taking them within the waters
of the commonwealth, be and the same are hereby repealed;
and that sections thirteen and seventeen of the same chapter
(two hundred and fifty-four) of the acts of assembly, eighteen
hundred and eighty-three and eighty-four, entitled an act for
the preservation of oysters, and to obtain revenue for the pri-
vilege of taking them within the waters of the commonwealth,
be amended and re-enacted, so as to read as follows:

§ 13. Hereafter it shall not be lawful for any person to take
or catch oysters in the waters of this com monwealth with tongs,
or in any other way, from the thirty-first day of May, to the
fifteenth day of September: provided, however, that nothing in
this or preceding acts shall be so construed as to prevent the
owners of planted oysters from. working on or changing loca-
tion of said planted oysters, or shipping the same to market,
at the option of the owner thereof; and any person offending
against the provisions of this section, shall forfeit and pay for
each offence not less than ten nor more than fifty dollars; nor
shall it be lawful for any person, at any time, to catch or take
oysters on Sunday, in any manner, or from one hour after sun-
set of any day. to one hour before sunrise of the succeeding
day; and provided, that nothing in this section shall be con-
strued to restrict the right to take or catch oysters with tongs
in the Chesapeake bay at any time: and provided further, that
the citizens residing in the counties of Norfolk, Nansemond
and Isle of Wight, shall have the privilege of taking or catch-
ing oysters with tongs or hands, during the close season, from
the natural rocks within the waters of those counties, and in
quantity not to exceed five bushels per day by each man. ,

§ 17. It shall be the duty of the judge of all counties of this
state within which oysters are caught or planted, as soon as
practicable after the passage of this act to appoint as many in-
spectors as may be deemed necessary for their respective coun-
ties, to hold office for two years, and to fill any vacancies there-
after occuring in said office, and to assign them to such limits
as may be determined by the court, each of whom shall execute
before the county or corporation court where they respectively
reside, bond with good and sufficient security, payable to the
commonwealth as follows: The bond of each inspector shall be
in a penalty not less than two hundred dollars, nor more than
one thousand dollars, and conditioned for the faithful perform-
ance of his duties; a copy of which bond the clerk of the court
before whom it was executed, shall transmit to the auditor
of public accounts within thirty days from its date. At the
time of executing said bond each inspector shall qualify by an
oath faithfully to perform the duties of his office to the best of
his ability. The county or corporation courts may, for good
cause shown, after notice, upon motion by any person, dismiss
any inspector who fails to perform the duties of his office. And
provided further that sections seven, eight, nine and ten of
chapter two hundred and fifty-four of act approved March fourth,
eighteen hundred and eighty-four, be and the same is hereby re-
pealed, so far as the same apply to the ocean side of the counties
of Accomac and Northampton.

2. This act shall be in force from its passage.