Chap. 76.—An ACT imposing a Tax on Oysters.
Parked April 23, 1867

1. Be it enacted by the general assembly of Virginia, That
hereafter it shall not be lawful to take or éateh oysters in the
waters of this commonwealth in the months of June, July
and August, in any year; nor shall it be lawful, at any time,
for any person to buy or sell oysters, in this commonwealth,
by any other than stave measures; which shall in no case
hold more than one bushel, iquid measure. Said measure
shall not be more than fourteen inches across, from inside to
Inside, at the bottom, nor more than fifteen inches across, from
inside to inside, at the top, and of such deptb as shall contain
one bushel. Any person offending against the provisions of
this section shall farfeit and pay for each offence not less than
ten nor more than fifty dollars, to be recovered as other fines
are, by judgment of any justice of the peace of the county or
corporation In whose jurisdiction such offence may be com-
mitted. The inspectors appointed under this act, shall in-
spect and seal all such imeasures of one bushel capacity,
for Which he shall be paid fifty cents by the owner of said
measure; and the inspectors failing to comply with the law
appertaining to inspection, shall be fined not exceeding ten
dollars for cach and every delinquency : provided that noth-
ing herein shall be construed as to prevent any person from

catching or taking his or her own planted oy sters in the
months aforesaid.

2. No person, other than a resident citizen of this state,
shall take or plant oysters in the waters thereof, or in the
rivers Pocomoke or Potomac: and if any person, other than
such citizen of this state, shall take or plant ovsters in the
waters thereof, or in the rivers Pocomoke or Potomac. he
shall be fined, upon conviction, five hundred dollars, and the
vessel, tackle and appurtenances so employed shall be for.
feited ; and any non-resident shall be deemed to have violated
this section, who shall allow oysters purchased by him for
sale, and laid ont in said waters until he has purchased his
cargo, to remain so laid out more than thirty days; but this
shall not extend to a citizen of Maryland taking oysters in
the two rivers above mentioned. )

3. If any citizen of this state shall be concerned or inte-
rested with any person not a residént of this state, in taking
or catching or planting oysters within this state, or shall
knowingly permit any person, not a resident of this state, to
take, eatch or plant, in his name, he shall forfeit five hundred

ollars.
4. The citizens of this state may take oysters with instru-
ments other than ordinary oyster tongs, in the waters of
Tangier and Pocomoke sounds, in water of a depth of not
less than twenty feet; and in Chesapeake bay, in water of a
depth of not less than thirty feet, but no where else in the
waters of the state. Any person violating this section shall
pay a fine of not less than fifty, nor more than five hundred
dollars, and shall forfeit to the commonwealth the vessel or
boat so employed.

». <Any person who shall take oysters imbedded, planted
or sown by any citizen of this state, or shall carry, or attempt
to carry the same away, without the permission of the owner
or owners thereof, shall be guilty of a felony, and upon con-
viction thereof, shall be imprisoned in the penitentiary for a
term not less than three, ner more than five vears, at the dis-
cretion of the jury.

6. Hvery person who takes or catches, or assists In any
way in taking or catching oysters, except cullers under six-
teen years of age, either by a dredge or dredges, or tongs or
rakes, or any other instrument, for sale or to pl: amt, shall ob-
tain a icense to do so from the inspector of his distri ict, or
county or corporation; and this shall include all persons en-
caged | In any capacity on board any vessel, boat, canoe, skiff,

cal, hatteau or other craft whatsoever , engaged or used in
taking and catching oysters, for sale ne to plant, from their
natural beds or rocks; for which said license he shall pay
the sum of' five.dollars, and a tee of twenty-five cents to the
Inspector: which license shall authorize him to take oysters
in the public waters of this commonwealth for one year, sub-
ject to the provisions of the first section of this act. Any
person violating the provisions of this section, shall pay a
tine to the commonwealth of not less than ten, nor more
than fifty dollars, tor each and every offence, to be recovered
before a justice of the peace, and their vessel or boat so em-
ploved shall be forteited to the commonwealth.

« Every master or commander of any vessel of the bur-
then of tive tons and over, custom house measure, except

vessels or boats impelled in whole or in part. by steum, who
desires to purchase or carry to market, within or without the
state, oysters from the public oyster beds or rocks. or planted
oysters, shall first obtain from an inspector a leense to pur
chase trom, or to employ any citizens of this state Heensed
tocatch or take oysters under the provisions of this act.
But the owner of ‘planted oysters may carry or send the
same to market, to be sold tor his exclusive henelit, without
paving said tax. DBetore such license is issued by the inspec-
lor, said master or commander shi an pay to the inspector
three cents per bushel for a load or cargo for said vessel,
allowing or estimating said vessel to carry twenty-five
bushels for every one hundred cubic feet vipiielty of said
vessel, The said tax of three eents per bushel shall be paid
before any master or commander shall commence to load said
Vessel, Any person. violating the provisions of this section,
shall pay a fine of not less than one hundred, nor more than
two thousand dollars.

& Every master or commander of any boat or vessel. 1m-
pelled in whole or in part by steam, shall pay to said in-
spector, or to one of his deputies, three cents per bushel on all
oysters which shall be carried on said boat or vessel. Said
inspector may require the master, commander, mate or other
person receiving treight on said boat or vessel, to make afh-
davit under oath before any justice of the peace, or in-
spector or deputy inspector, who are hereby empowered to
take the same as to the number of bushels so taken and car-
ried on said boat or vessel; but said oath shall not be con-
clusive; but other evidence may be taken as to the number
of bushels carried on said boat or vessel. .Any master or
commander of any such boat or vessel, who shall fail to com-
ply with the provisions of this section, shall pay a fine of net
less than fifty nor more than two thousand dollars.

9. ‘That the auditor of public accounts shall appoint three
inspectors, one of whom shall be named as chief inspector.
each of whom shall execute before the county or corpora-
tion courts, Where they respectively reside, bond with good
and sufficient security, payable to the commonwealth, as fol-
lows: The bond of the chief inspector shall be in the penalty
of thirty thonsand dollars; and the bond of each district in-
spector shall be in the penalty of ten thousand dollars, each
of said bonds conditioned faithfully to perform the duties of
their respective offices; a copy of which bonds, the clerks ot
the courts before whom they were executed, shall transmit
to the auditor of public accounts within thirty days from
their date. Each inspector shall be master or commander of
one of the steamers to be employed in collecting said reve-
nue. The auditor shall order or direct the district inspectors
to such districts as he may designate, and each district 1n-
Spector may appoint as many deputy inspectors in his dis-
trict as he may deem proper. But there shall be appointed
for the Potomac and its tributaries, three; Great Wicomico,
one; Rappahannock and its tributaries, four; Pianketank
and North river, one; East river and the waters of Mathews
county, two; Ware and Severn river, one; York river, one;
Pocosin and Back river, one; James river and Warwick
river, one; Elizabeth river and Hampton roads, one; Nan-
semond river, one. Said district inspectors shall report and
pay over semi-monthly to said chief inspector, all moneys col-
lected and received by them; and the chief inspector shall re-
port monthly and pay over to the auditor all moneys re-
ceived and collected by him. The district inspectors shail
report monthly to the auditor all sums of moncy collected by
them. © Said auditor shall pay to said chief inspector ten per
centum of all moneys so collected and paid in by him; and
out of that sum the chief inspector shall pay to each district
inspector three and one-third per centum of said amonnt 50
received by him from said auditor: provided, that if the
chiet inspector shall fail to pay into the treasury all sums col-
lected by him, within the preceding month, within ten days
after the expiration of said month, he shall only be allowed
five per centum on the amount so paid in, unless the auditor
shall deem it, for good cause, just to allow him ten per centum
as aforesaid. The auditor may dismiss any inspector from
oflice who fails faithfully to pertorm the duties of the same,
and appoint another in his place. Each inspector shall also
return to the clerk's office of the several counties and corpo-

rations within his district, quarterly, a list of the license, the
names of the masters, and the amount collected for each trip
of any vessel or steamer, and the day and date of the collec-
tion; also, a list of all licenses granted by him to any per-
ron, the name of the person, whether white or colored, and
the date of the license. The said clerk of the county and
corporation courts shall post a true copy of such lists at the
front door of the courthouse of his county or corporation on
the first day of each quarterly term of the said court. The
auditor shall cause to be built, or may buy or charter three
steamers, to be used in the collection of said revenue. If he
shall deem it best to build said three steamers, the agcrevate
cost of the same shall not exceed twenty thousand dollars.
The chief inspector shall employ such crews to man each of
the said steamers as he may deem necessary and proper. Ie
shall purchase such quantity of coal or other fuel and pro-
visions as may be necessary for the use of the said steamers
and their crews. .

10. To enable each inspector of oysters to collect the taxes
and fines imposed by this act, he is hereby clothed with all
the powers of a sheriff in the collection of the public reve-
nue. Ile may attach the vessel or boat, her tackle, apparel,
anchors, cables, sails, rigging and appurtenances, commanded
by any master or other officer viol: ating any of the provisions
of this act; and in the execution of such attachment, the said
inspector may summon a posse to enforce the same. Ie
shall have the same power to impress any vessel or steam-
boat as any sherif or other public officer now has in the exe-
cution of any legal process. Ile shall have power to issue a
warrant to any sheriff or constable of any county or corpo-

ration iu his district, commanding him to apprehend any per-
son charged on oath with a violation of the provisions of this
act. and carry him before any justice of the peace tor the
county or corporation where the offence was committed.
Said justice shall hear and determine the case, if the fine
does not exceed fifty dollars; and any person so apprehended,

tiling to pay the fine imposed on him, shall be committed to
jail for a period not exceeding two months. Any inspector
and his deputies shall have power to make such arrests by
virtue of their appointments without®other warrant. Any
master or commander of any vessel seized or attached Dy
any inspector for a violation of any of the provisions of this
act, may give bond in good and sullicient securities in double
the amount of the fine ‘imposed by law, before any justice of
the peace, to appear at the next monthly or quarterly term
of the county or coyporation court to answer for the said
offence, aud to satisly the judgment that may be rendered
against him. It shall be a part of the judgment of the court,
that if the penalty and costs be not forthwith pard, all the
property so seized. or so much thereof as may be necessary,
shall be sold, and the proceeds accounted for as if it were
the property of the detendant seized under an execution for
the satistaction of the judement. Any constable or inspec-
tor making an arrest under this act, shall be entitled to re-
ceive a tee of two dollars for every arrest so made.

11. All persons who shall have paid the tax imposed by
the act passed on the third day of March, eighteen hundred
and sixty-six, for carrying oysters before the passave of this
act, shall not be re: juired to obtain license or pay any tax
Imposed by this act, until the expiration of the year tor
Wich they have paid such tax and obtained a Heense as pro-
vided by the said act of the third of March, eighteen hun-
dred and sixty-six. Any person desiring to carry oysters,
may pay, if he thinks proper, the sum of three dollars per
ton on his vessel for a license to carry oysters for one year,
instead of paying the said three cents per bushel as aforesaid.

12. Every person who takes, catches or buys oysters taken
from the waters of this commonwealth, and carries the same
to market forsale in this state, or is carrying them out of the
state for sale, packing or for any other purpose, except his
own consumption. shall, in ads lition to the capitation tax, pay
three cents per bushel, as provided in the seventh section.
All persons engaged in packing. picking or opening oysters
for sale or transportation, shall pay a tax of one cent per
bushel on all oysters brought or taken for such purposes.
They shall report and pay to the Inspector the said one cent
per bushel when so required by the inspector. ‘To enable
the inspector to ascertain the number of bushels thus sold or
transported, he shall take the oath of the parties,or any other
evidence proving the same. Any person violating any pro-
vision of this section, shall forfeit and pay a tine of not less
than ten nor more than tive hundred dollars.

15. For any fine imposed by this act, it 1s hereby provided
that any party so fined may pay to the inspector the fine
agreed upon: provided, it is not less than the minimum
amount imposed, and be discharged from all legal proceed-
ines against or about to be instituted against him. One-half
of all fines imposed And collected for a violation of any of
the provisions of this act, shall go to the informer and the
other half to the commonwealth. Nothing contained in this
act shall prevent the inspector from being an informer and
receiving the one-half of any fine imposed. For the failure
of any officer or person to perform any duty herein required,
for which no special Penalty is prov ided in this act, such ofh-
cer or person shall be liable to pay a tine of not less than
fifty nor more than one thousand dollars,

14. On the arrest of any person or persons, under any sec-
tion of this act, the Inspector may seize and hold any vessel.
boat or other craft used or employed in taking, catching or
carrying oysters, and the same shall be hable for any fine or
forfeiture imposed by this act.
15. Every inspector or deputy shall take an oath faithfully
.o perform the duties of his office to the best of his abilities.
16. Any person licensed to take or catch oysters under
this act, fniling or refusing to aid and assist any inspector or
leputy inspector in the execution of the laws embraced in
this act, shall have his license revoked by said inspector for

a period not exceeding six months.

17. That no person shall be considered a resident of this
state, within the meaning of this act, who shall not have ac-
tually resided within the limits of the state elchteen months
next preceding the time when the supposed offence may have
been committed; and in all questions that may arise as to
residence ander this actethe onus probandi shall rest on the
detendant. This act shall be given in charge to the grand
jury at quarterly terms of the several county and quarterly
courts ot the counties lying in and adjoining the oyster dis-
trict.

1k. All acts and parts of acts heretofore enacted, relating
to or concerning oysters, inconsistent with the provisions of
this act, shall be and the same are hereby repealed. This act
shall be in force from and atter the first day of August next.

/