Chap. 279.—An ACT to have the lines of certain natural oyster beds, rocks
and shoals in Mathews county surveyed and plats made of the same.
[S B 259]
Approved March 24, 1930

Whereas, Thomas J. Hudgins and W. G. Lane, oyster inspectors
of Mathews county, made certain assignments of oyster planting ground
located in Mobjack bay and Milford haven, to certain persons previous
to the twenty-fifth of February, eighteen hundred and ninety-two; and
Whereas, parts of these assignments were included in the survey
of the natural oyster beds, rocks and shoals of the Commonwealth as
made pursuant to an act of the general assembly of Virginia, approved
on the twenty-ninth day of February, eighteen hundred and ninety-two;
and,

Whereas, certain of the parties holding the assignments as afore-
said instituted suits in the circuit court of Mathews county during or
about the year eighteen hundred and ninety-four, seeking to prevent
such encroachments upon their assignments, in which suit the said
court decided that the assignments made to the said persons by T. J.
Hudgins and W. G. Lane, oyster inspectors, was binding, and that
no part of the same could be taken and held by the Commonwealth as
public grounds; and,

Whereas, the general assembly of Virginia, by an act approved
February eleventh, eighteen hundred and ninety-six, authorized and
directed the circuit court of Mathews county, to have the lines of the
said assignments run and established as were originally designated by
the said oyster inspectors of Mathews county, and further provided
that such lines as were run and established under the direction of the
said court would mark the extent of the public ground set aside pur-
suant to the said act of the general assembly of Virginia, approved on
the twenty-ninth day of February, eighteen hundred and ninety-two;
and,

Whereas, the circuit court of Mathews county did proceed to ap-
point commissioners under authority of the act of the general assembly,
approved February eleventh, eighteen hundred and ninety-six, which
commissioners did proceed to survey and establish the said proposed
lines and did report to the court the location of the said lines, filing
with their said report, plots of survey showing the position of their
lines so established, which report and plots were confirmed by the
said court; and,

Whereas, it appears that the plots which were filed in the clerk’s
office of Mathews county, along with the said report, have been lost
or destroyed, and that in the absence of such plots it has been found
impossible to locate the true lines of the said public grounds, located
as aforesaid; now, therefore

1. Be it enacted by the general assembly of Virginia, That if the
circuit court of Mathews county be of opinion that the aforesaid
planting ground has by the act approved February eleventh, eighteen
hundred and ninety-six and all proceedings thereunder been permanently
withdrawn from the Baylor survey then, the circuit court of Mathews
county be, and it is hereby, authorized and directed to have established
the lines of such assignments made in Mobjack bay and Milford haven
by the said inspectors before the twenty-ninth day of February, eighteen
hundred and ninety-two, and which have since been continually held
by the person or persons to whom made as their assignee or assignees
and parts of which were included in the geodetic survey, made pur-
suant to the said act approved on the twenty-ninth day of February,
eighteen hundred and ninety-two. To that end the said court shall
appoint three discreet citizens of Mathews county, who shall act as com-
missioners and who shall associate with themselves a competent engi-
neer designated by the commissioner of fisheries, and, together with
the said engineer, they shall go on the said assignments of oyster
ground and establish the lines thereof as originally fixed by T. J.
Hudgins and W. G. Lane, oyster inspectors. And the said commis-
sioners shall make their report, along the complete maps and _ notes,
of such lines to be made by the said engineer to the said court.

2. The said report and plots shall remain for at least thirty days
after the same have been filed, after which, unless good cause be shown
against the report, the same shall be confirmed by the court or by the
judge thereof in vacation. The order of the court, the report of the
commissioners, and the maps and plots filed with the said report shall
have the same force and effect and placed on the same footing in any
suit or controversy as the reports, surveys, maps and plots made by
the geodetic survey pursuant to the act of the general assembly of
Virginia, approved I*ebruary twenty-ninth, eighteen hundred and nine-
ty-two, and all acts amendatory thereof.

3. If, however, good cause be shown against the report, or if the
said commissioners fail to report within a reasonable time, the said
court or the judge thereof in vacation, may, as often as it seems proper,
appoint other commissioners and the matter may be proceeded in as
before prescribed.

4. The clerk of the said court shall make two certified copies of
such report as may be confirmed by the said court, together with ac-
curate copies of the said maps and plots, one of which copies he shall
file in his office along with the plots of the geodetic survey, made pur-
suant to the act of the general assembly, approved February twenty-
ninth, eighteen hundred and ninety-two: the other of which copies he
shall certify to the comniission of fisheries of the State of Virginia to
be kept by it along with its record of the said geodetic survey.

5. The cost incurred under this act shall be paid by the Common-
wealth of Virginia, on an order of the circuit court of Mathews county,
certified to the comptroller of Virginia for payment, to be paid out of
any funds in the treasury not otherwise appropriated. The said com-
missioners shall receive five dollars per day for their services, and the
court shall fix a reasonable fee for the said engineer.

6. An emergency existing, this act shall be in force from its
passage.