Chap. 1.—An ACT to amend and re-enact section 3249 of the Code of Virginia, re-
lating to transportation of Qysters—ewt of Virginia, imposing bushel tax on
oysters to be taken out of the State, and providing penalties for failure to pay
tax. | [S B 5]

_Approved January 25, 1932

1. Be it enacted by the general assembly of Virginia, That section
thirty-two hundred and forty-nine of the Code of Virginia, as amended
by chapter two hundred and fifty-two, Acts of General Assembly nine-
teen hundred and thirty, approved March twenty-fourth, nineteen hun-
dred and thirty, be amended and re-enacted so as to read as follows:

Section 3249, It shall be unlawful for any person to carry, or
attempt 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 permit 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 four
cents per bushel on the number of bushels in said cargo, provided that
said tax shall be two cents per bushel from the time of the passage of
this act to July first, nineteen hundred and thirty-two, and that on and
after July first, nineteen hundred and thirty-two said tax shall be four
cents per bushel as hereinbefore provided for. 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 com-
missioner 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 Vir-
ginia ; 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 penitentiary
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 vio-
lating 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 convic-
tion thereof, shall be confined in jail not exceeding six months and
fined not exceeding five hundred dollars.

2. 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 bacteriologi-
cal 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.

3. 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.

4. An emergency existing, this act shall be in force from its pas-
sage.