Chap. 40.—An ACT amending sections 21, 22, 23, 25, 27. 20, 32, 53 ane
47, chapter 101 of the Code (edition of 1861), concerning the taking
ail planting, selling and buying of Oysters.

Passed February 28, 1866,

1. Be it enacted by the general assembly, That the twenty.
first, twenty-second, twenty-third, twenty-fifth, twenty-sev
enth, thirtieth, thirty- second, thirty- third and forty- ceventl
sections of chapter one immdred and one of the Code of Vir.
vinia (edition of eighteen hundred and sixty) be amended
and re-enacted so as to read as follows:

Ҥ21. Hereafter, it shall not be lawful to take or catel
oysters in the waters of this commonwealth, In the months
of June, July and August; nor shall it be lawful, at any time,
for any person to buy or sell oysters on the waters of this
commonwealth by any other than stave measures, which shall
in no case hold more than one bushel: and any person offend-

ing against the provisions of this section, shall forfeit and
pay; for each offence, the sum of fifty dollars, to be recovered
as other fines, or by judgment of any justice of the peace of
the county in whose jurisdiction such offence may be com-
mitted: provided, that nothing herein shall be so construed
as to prevent any person from catching or taking his or her
own planted oysters in the months aforesaid.”

*§22. If any person other than a citizen of this state, shall
take oysters or terrapins, or plant oysters in the waters
thereof, or in the rivers Pocomoke and Potomac, he shall
forfeit five hundred dollars, and the vessel, tackle and appur-
tenances; and any nonresident shall be deemed to have vio-
lated this section, who shall allow oysters, purchased by him
for sale and laid out as purchased until he has purchased his

cargo, to remain so laid down more than thirty days. But
this section shall not extend to a citizen of Mar yland taking
oysters or terrapins in the said mentioned rivers.’

Ҥ 23. That if any citizen of this state shall be concerned
or Interested with any person not resident within this state,
in the taking, catching or planting oysters within this state,
or shall know ingly permit any person, not resident within
this state, to take, catch, or plant oysters in his name, he shall
forfeit five hundred dollars, one moiety whereof shall go to
the informer.”

“$25. If any person, except as is hereinafter provided,
shall take oysters with any other instrument than common
oyster tongs, with a bar or head not exceeding thirty inches
in length, he shall forfeit one hundred dollars. It shall be
lawful for any citizen of this state to take oysters with any
other instrument than common oyster tongs, in the waters of
Tangier and Pocomoke sounds, or any of the waters s adjacent
thereto, in the county of Accomack; but this privilege shall
not extend to the taking of oysters, as aforesaid, within the
mouth of any river or cr reek in said county, or to the taking
of the same in any waters of a less depth than twenty feet;
nor to the taking of the same at any time after the tenth day
of May and before the first day of September. Any citizen
of this state may take oysters, as aforesaid, upon obtaining
from the clerk of the county court of said county a license
for so doing for the space of one year, and paying therefor
the sum of one dollar as a fee to said clerk; which said ]i-
cense shall be renewed, and which said fee shall be paid
yearly: and such citizen shall, betore obtaining such license,
enter into bond, with sufficient security, to be approved of
by said clerk, payable to the commonwealth of Virginia, in
the penalty of five hundred dollars, conditioned that he shall
not be concerned nor interested with any citizen or citizens
of any other state in taking or planting oysters within the
waters of this state; and that he shall not, within the limits
of said county, violate this act, or any law of this state, in
respect to the taking or planting of oysters; and that he will
endeavor to prevent all violations of this act by citizens of
other states, by arresting and taking them before the proper
tribunals; which he shall have power to do without warrant,
for such violation committed within his view.”

Ҥ 27. If any person, after the first day of May and be-
fore the first day of October in any year, shall catch or take
oysters from their natural beds, or shall buy or sell oysters
so taken, in quantities greater than twenty-five bushels in any
one day, he shall forfeit fifty dollars for each offence.”

Ҥ 30. To more ettectually apprehend offenders against
the twenty-first, twenty-second, twenty-third, twenty-fifth,
twenty-sixth, twenty-seventh, thirtieth, thirty-second, thirty-
third and forty-seventh sections of this chapter, it shall be
the duty of the county courts of all counties in this state,
within which oysters are taken for sale, to appoint one or
more inspectors, whose duty it shall be to take all persons,
with their vessels and appurtenances, whom they may see, or
have just cause to suspect have been violating the said sec-
tions: and it shall also be his duty to inspect and seal all
measures by which oysters are bought and sold within his
jurisdiction. Any or either of which inspectors shall be
authorized to make such arrests, by virtue of their appoint-
ment, without other warrant.”

Ҥ32. The justice, before whom such offenders may be
brought, may, on hearing the proof, either discharge the ac-
cused, or require him to enter into a recognizance, with at
least one or more sufficient securities, resident in the county
to which the justice belongs, to appear at the next term of
the circuit court, or at the next monthly term of the county
or corporation court, as the justice may determine, to answer
for the said offence, and to satisfy the judgment which may
be rendered against him therefor.”

“4 33. The court, before which such recognizance may be
returnable, shall, by motion, at the suit of the commonwealth.
and without pleading, and at the term of the court to which
such recognizance 1s returned, or any subsequent term there.
of, cause a jury to be impannelled to try whether the detend-
ant has incurred the penalty demanded by the section or
sections under which he may be prosecuted: and if judgment
be given against the defendant, it shall be a part of the
judgment of the court, that if the penalty and costs be not
forthwith paid, all the property so seized, or so much thereot
as may be necessary, shall be sold, and the proceeds accounted
for as if it were the property of the defendant seized unde
an execution for the satisfaction of the judgment.”

*§ 47. The sum of one dollar shall be the fee for the in-
spection of each measure, to be paid by the owner; and the
inspector failing to comply with the law appertaining to in-
spection, shall be fined to the extent of ten dollars for cach
and every delinquency.”

2, This act shall be in force from its passage.
Chap. 40.—An ACT amending sections 21, 22, 23, 25, 27. 20, 32, 53 ane
47, chapter 101 of the Code (edition of 1861), concerning the taking
ail planting, selling and buying of Oysters.

Passed February 28, 1866,

1. Be it enacted by the general assembly, That the twenty.
first, twenty-second, twenty-third, twenty-fifth, twenty-sev
enth, thirtieth, thirty- second, thirty- third and forty- ceventl
sections of chapter one immdred and one of the Code of Vir.
vinia (edition of eighteen hundred and sixty) be amended
and re-enacted so as to read as follows:

Ҥ21. Hereafter, it shall not be lawful to take or catel
oysters in the waters of this commonwealth, In the months
of June, July and August; nor shall it be lawful, at any time,
for any person to buy or sell oysters on the waters of this
commonwealth by any other than stave measures, which shall
in no case hold more than one bushel: and any person offend-

ing against the provisions of this section, shall forfeit and
pay; for each offence, the sum of fifty dollars, to be recovered
as other fines, or by judgment of any justice of the peace of
the county in whose jurisdiction such offence may be com-
mitted: provided, that nothing herein shall be so construed
as to prevent any person from catching or taking his or her
own planted oysters in the months aforesaid.”

*§22. If any person other than a citizen of this state, shall
take oysters or terrapins, or plant oysters in the waters
thereof, or in the rivers Pocomoke and Potomac, he shall
forfeit five hundred dollars, and the vessel, tackle and appur-
tenances; and any nonresident shall be deemed to have vio-
lated this section, who shall allow oysters, purchased by him
for sale and laid out as purchased until he has purchased his

cargo, to remain so laid down more than thirty days. But
this section shall not extend to a citizen of Mar yland taking
oysters or terrapins in the said mentioned rivers.’

Ҥ 23. That if any citizen of this state shall be concerned
or Interested with any person not resident within this state,
in the taking, catching or planting oysters within this state,
or shall know ingly permit any person, not resident within
this state, to take, catch, or plant oysters in his name, he shall
forfeit five hundred dollars, one moiety whereof shall go to
the informer.”

“$25. If any person, except as is hereinafter provided,
shall take oysters with any other instrument than common
oyster tongs, with a bar or head not exceeding thirty inches
in length, he shall forfeit one hundred dollars. It shall be
lawful for any citizen of this state to take oysters with any
other instrument than common oyster tongs, in the waters of
Tangier and Pocomoke sounds, or any of the waters s adjacent
thereto, in the county of Accomack; but this privilege shall
not extend to the taking of oysters, as aforesaid, within the
mouth of any river or cr reek in said county, or to the taking
of the same in any waters of a less depth than twenty feet;
nor to the taking of the same at any time after the tenth day
of May and before the first day of September. Any citizen
of this state may take oysters, as aforesaid, upon obtaining
from the clerk of the county court of said county a license
for so doing for the space of one year, and paying therefor
the sum of one dollar as a fee to said clerk; which said ]i-
cense shall be renewed, and which said fee shall be paid
yearly: and such citizen shall, betore obtaining such license,
enter into bond, with sufficient security, to be approved of
by said clerk, payable to the commonwealth of Virginia, in
the penalty of five hundred dollars, conditioned that he shall
not be concerned nor interested with any citizen or citizens
of any other state in taking or planting oysters within the
waters of this state; and that he shall not, within the limits
of said county, violate this act, or any law of this state, in
respect to the taking or planting of oysters; and that he will
endeavor to prevent all violations of this act by citizens of
other states, by arresting and taking them before the proper
tribunals; which he shall have power to do without warrant,
for such violation committed within his view.”

Ҥ 27. If any person, after the first day of May and be-
fore the first day of October in any year, shall catch or take
oysters from their natural beds, or shall buy or sell oysters
so taken, in quantities greater than twenty-five bushels in any
one day, he shall forfeit fifty dollars for each offence.”

Ҥ 30. To more ettectually apprehend offenders against
the twenty-first, twenty-second, twenty-third, twenty-fifth,
twenty-sixth, twenty-seventh, thirtieth, thirty-second, thirty-
third and forty-seventh sections of this chapter, it shall be
the duty of the county courts of all counties in this state,
within which oysters are taken for sale, to appoint one or
more inspectors, whose duty it shall be to take all persons,
with their vessels and appurtenances, whom they may see, or
have just cause to suspect have been violating the said sec-
tions: and it shall also be his duty to inspect and seal all
measures by which oysters are bought and sold within his
jurisdiction. Any or either of which inspectors shall be
authorized to make such arrests, by virtue of their appoint-
ment, without other warrant.”

Ҥ32. The justice, before whom such offenders may be
brought, may, on hearing the proof, either discharge the ac-
cused, or require him to enter into a recognizance, with at
least one or more sufficient securities, resident in the county
to which the justice belongs, to appear at the next term of
the circuit court, or at the next monthly term of the county
or corporation court, as the justice may determine, to answer
for the said offence, and to satisfy the judgment which may
be rendered against him therefor.”

“4 33. The court, before which such recognizance may be
returnable, shall, by motion, at the suit of the commonwealth.
and without pleading, and at the term of the court to which
such recognizance 1s returned, or any subsequent term there.
of, cause a jury to be impannelled to try whether the detend-
ant has incurred the penalty demanded by the section or
sections under which he may be prosecuted: and if judgment
be given against the defendant, it shall be a part of the
judgment of the court, that if the penalty and costs be not
forthwith paid, all the property so seized, or so much thereot
as may be necessary, shall be sold, and the proceeds accounted
for as if it were the property of the defendant seized unde
an execution for the satisfaction of the judgment.”

*§ 47. The sum of one dollar shall be the fee for the in-
spection of each measure, to be paid by the owner; and the
inspector failing to comply with the law appertaining to in-
spection, shall be fined to the extent of ten dollars for cach
and every delinquency.”

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