Chap. 139.—An ACT to amend and re-enact sections 3184, 3187, and 3188 of
the Code of Virginia, as amended by an act approved March 26, 1920.
[

H B 383]
Approved March 9, 1922.

Be it enacted by the general assembly of Virginia, That sections
thirty-one hundred and eighty-four, thirty-one hundred and eighty-
seven, and thirty-one hundred and eighty-eight of the Code of Vir-
ginia, as amended by an act approved March twenty-sixth, nineteen
hundred and twenty, be amended and re-enacted so as to read as
follows:

Section 3184. Non-residents not allowed to catch fish for oil or
manure.—No non-resident of this State shall take or catch any fish
in the waters thereof for the purpose of converting the same into oil,
fish scrap or manure; nor shall any non-resident be concerned or
interested with any resident as partner, or otherwise, except as a
stockholder in a domestic corporation, in taking or catching fish
in any of the waters of this State to be manufactured into oil, fish
scrap or manure, or in such manufacture. Nor shall any resident of
this State be concerned or interested with any non-resident as partner,
or otherwise, except as a stockholder in a domestic corporation, in
taking or catching fish in any of the waters of this State to be
manufactured into oil, fish scrap or manure, or in such manufacture,
or knowingly permit any non-resident to use his name for either
purpose. Any person violating any of the provisions of this section
shall be fined not less than five hundred dollars nor exceeding two
thousand dollars, and all his interest in the vessel, boat or craft, and
in all purse nets, seines, fishing tackle, machinery or other thing
used in taking or catching fish or manufacturing them into oil, fish
scrap or manure, shall be forfeited to the Commonwealth.

Section 3187. License required for persons, firms and corpora-
tions to catch fish to be manufactured into oil, fish scrap or manure;
application for license; what persons, firms and corporations may
obtain license ; their oaths——Every person, firm and corporation own-
ing’ a purse net, seine, or vessel of any description to be engaged in
catching fish in any of the waters of this Commonwealth, or waters
within the jurisdiction of this Commonwealth, to be manufactured
into oil, fish scrap or manure, shall first obtain from the circuit court
of the county in which the factory where such fish are to be manufac-
tured is located, or in case of a domestic corporation, where its princi-
pal office is located, or from the judge of such court in vacation,
a certificate authorizing such person, firm or corporation, to obtain
from the oyster inspector of the district wherein such factory is
located or wherein such principal office is located, a license to take
and catch fish within the waters of this Commonwealth or waters
within the jurisdiction of this Commonwealth for the purposes afore-
said. If it be a corporation applying for such certificate, said appli-
cation shall be made by an officer or one of the directors of such
corporation. Before granting such certificate the court, or judge
thereof in vacation, shall require the person, or persons applying for
the same to disclose on oath—

First. The true name or names of the person or persons, firm
or corporation owning the purse net, seine, vessel or water craft, and
all the apparatus thereunto belonging, for which license to take and
catch fish in the waters aforesaid is desired, and, if it be a firm, the
true names of all the members of such firm, and if a corporation
whether the same be a domestic or foreign corporation.

Second. That all such persons and firm members are, and have
been for twelve months next preceding, bona fide residents of the
State of Virginia.

Third. The name of each and every vessel, steamer or other
water craft, for which license to take and catch fish for the purposes
aforesaid is desired..

Fourth. That the owners of such purse net, seine, vessel or
other water craft, will not be concerned or interested with any non-
resident of this State, except as stockholders in domestic corporations,
in taking or catching fish in the waters of this Commonwealth or
waters within the jurisdiction of this Commonwealth, for the purpose
of manufacturing the same into oil, fish scrap, or manure, or in
such manufacture.

Fifth. That the nets or vessels of any description thus to be
employed and for which license or licenses is, or are, desired, are
not held by contract or hire, charter or other agreement, with intention
to return the same at any subsequent time to any non-resident person,
firm or corporation.

Sixth. The place where the factory, which is to manufacture
the fish so taken and caught into oil, fish scrap or manure, is located
and in case of a corporation, where its principal office is located.

Seventh. That during the period of the license the owners_of
the purse net, seine, vessel or other water craft so to be employed
will not violate any of the laws of this State in regard to the taking
and catching of fish in the waters thereof.

Section 3188. How application for license contested; court or
judge to be fully satisfied that applicant has complied with the law;
certificate—Any person interested in the taking and catching of fish
to be manufactured into oil, fish scrap or manure, or in such manufac-
ture, may enter himself a party defendent to such application, and
may oppose the granting of such certificate, in which case the court,
or judge thereof in vacation, shall hear evidence for and against
the same. No such application shall be made before the judge of any
court in vacation until notice that such application will be made shall
have been posted for at least ten days prior thereto at three or more
public places in the county in which the factory, which is to manu-
facture such fish into oil, fish scrap or manure, as aforesaid, 1s
located. All such notices shall be posted in a conspicuous place
and state the time and place of the intended application. Upon
the hearing of such application, if the court or judge thereof in
vacation shall be fully satisfied that the person or persons owning
such purse net, seine, vessel, steamer or other water craft, for which
license is:desired, have all been bona fide residents of the State of
Virginia for at least twelve months next preceding the time of the
application, and if the owner be a firm, that all the members of such
firm have been bona fide residents of this State for the period above
mentioned ; that all the purse nets, seines, vessels, steamers or other
water craft, and all the apparatus thereunto belonging, for which
license, or licenses, is, or are, desired, are owned exclusively by such
bona fide residents of the State of Virginia and that no non-resident
of the State of Virginia or person who has not resided in this State
for at least twelve months next preceding is concerned or interested
with the applicant, either as partner, or otherwise, except as a stock-
holder in a domestic corporation, in the taking or catching of fish in
any of the waters of this State to be manufactured into oil, fish
scrap or manure, or in such manufacture; that the factory at which
such fish are to be so manufactured is owned and controlled exclu-
sively by bona fide residents of this State, and that no person who
has not been a bona fide resident of this State for at least twelve
months preceding is concerned or interested therein, as partner, or
otherwise, except as a stockholder in a domestic corporation, that the
seine, purse net, vessel, steamer or other water craft for which license
is desired is not held by contract of hire, charter or other agreement,
with intention to return the same at any subsepuent time to any
non-resident person, firm or corporation; that all the disclosures,
required by the preceding section to be made under the oath of the
person making such application, are true; and that none of the laws
of this State designed to prohibit non-residents from fishing or being
interested in the taking or catching of fish, in the waters thereof to
be manufactured into oil, fish scrap or manure, or 1n such manufac-
tum, will be violated or evaded by the granting of such license,
ten the said court, or judge thereof in vacation, shall grant a certifi-
cate to the owner of such purse net, seine, vessel, steamer or other
water craft, authorizing the oyster inspector mentioned in section
thirty-one hundred and eighty-seven to issue to said owner a license
for each of the purse nets, seines, vessels, steamers or other water
craft, for which license is desired, and which is entitled to be licensed.
Non-residents may be stockholders in domestic corporations author-
ized to take and catch fish to be manufactured into oil, fish scrap or
manure and to engage in such manufacture.