Chap. 252.—An ACT to amend and re-enact section 3249 of the Code of Vir-
ginia, relating to bushel tax on oysters. [S B 132]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That section
thirty-two hundred and forty-nine of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 3249. It shall be unlawful for any person to carry, or at-
tempt to carry, or to buy for the purpose of carrying out of this State
any oysters taken from the natural rocks, beds or shoals in the waters
of this Commonwealth, until he has first obtained for each cargo a per-
mit to do so from the inspector from whose district the said cargo is
to be taken, or from the captain of one of the oyster police boats, and
has paid to the inspector or police boat captain a tax of eight cents
per bushel on the number of bushels in said cargo. Said permit shall
be signed by the commissioner of fisheries and countersigned by the
said inspector or police boat captain, and it shall be the duty of said
commissioner to grant such permit, whenever after examination by him
of the seed areas, he shall ascertain that it will not injure or deplete
said seed areas to grant such permits and that the supply of seed oysters
is in excess of demand for seed oysters by planters in the State of
Virginia; and, provided, that the commissioner shall have power to
cease granting such permits whenever he shall ascertain that said seed
areas are becoming depleted, and that to continue to grant such permits
would seriously injure the same. Any person violating the provisions
of this section shall, upon conviction thereof, be confined in the peni-
tentiary for one year, or at the discretion of the jury, may be confined
in jail not exceeding one year, and fined not exceeding five hundred
dollars. Moreover, all boats and vessels, together with their tackle
used in violating this section and all oysters found thereon, shall be
forfeited to the Commonwealth, in proceedings as provided for the
enforcement of forfeitures. If any oyster inspector or other person
shall knowingly aid and abet or shall collude with any person in the
violation of this section, he shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be confined in jail not exceeding six
months and fined not exceeding five hundred dollars.

All taxes collected for carrying oysters out of the State shall be
forthwith forwarded by the inspector to the commissioner, and by
the commissioner to the comptroller, with his other collections, out of
which there shall be paid so much as is necessary for the bacterio-
logical work as required by the United States public health bureau
for the safeguarding and protection of the seafood industry of the
State of Virginia, subject to the direction of the governor.

On and after January first, nineteen hundred and twenty-eight, the
revenue derived from this act shall go into the general fund and be
appropriated out under the budget.