Chap. 334.—An ACT to amend and re-enact section 3244 of the Code of Virginia,

as amended by chapter 87 of Acts of Assembly of 1930, approved Marea 4; im

Approved March 25, 1932 ;

1. Be it enacted by the general assembly of Virginia, That section
thirty-two hundred and forty-four of the Code of Virginia, as amended
by chapter eighty-seven of the Acts of Assembly of nineteen hundred
and thirty, be amended and re-enacted so as to read as follows:

Section 3244, It shall be unlawful for any person to take, buy, sell
or possess oysters under the prescribed size, and shells so taken as
aforesaid from the natural rocks, beds, and shoals. Any person violat-
ing the provisions of this or the preceding section, either by taking
from the said rocks, beds or shoals, or by buying or selling or possess-
ing oysters less than three inches in length from the hinge to mouth, or
shell as hereinbefore mentioned, shall be deemed guilty of a misde-
meanor, and, on conviction thereof, shall be fined not less than twenty-
five dollars, nor more than one hundred dollars, and required to throw
said unculled oysters and shells back on the public rock, and for fail-
ure or refusing to throw back said unculled oysters and shells on said
public rock, when ordered to do so by an inspector or his deputy, shall
be fined not less than one hundred nor more than five hundred dollars ;
but so much of this section and the preceding section as prohibits the
taking and catching of oysters whose shells measure less than three
inches from hinge to mouth, shall not apply to James river above a
line drawn from Cooper’s creek in the county of Isle of Wight, to a
point at the south side of the main channel in said river opposite
Finches pier in the city of Newport News, thence up said channel to
the present lower corner of Miles oyster planting ground, thence to
Massey’s house on the river bank in the county of Warwick, which
shall be known as seed line, nor to the eastern side of Accomac and
Northampton counties, nor to any rivers, creeks, or other estuaries of
the Potomac river.

In the waters of this State entering the Potomac the prohibited
size shall be two and one-half inches. In addition to the penalty above
prescribed, the license of any person found guilty of violating this sec-
tion may, in the discretion of the commissioner, be revoked by the
order of said commissioner, and such person shall not be again licensed
to take or catch oysters in this State for a period of one year after the
commission of such offense. The having at one time more than one
bushel of oysters and shells on the culling board, deck, wash board, or
other receptacle above the hold of the boat of any person oystering
upon the natural rocks, bed or shoals, or the attempt of any person to
escape or to throw oysters or shells overboard into the water, other
than in the ordinary process of culling, upon the approach of the
oyster inspector or police boat, shall be prima facie evidence of the
violation of this section. Any person offering oysters for sale or hav-
ing the same in his possession, which shall not have been culled, as re-
quired by this section shall be deemed guilty of violating the law, and
if upon trial he shall claim that such oysters are from private planting
grounds, the burden of proving that fact shall be upon him. Such
person may be tried in any court having jurisdiction over the waters
where he is arrested or apprehended and if any such person shall resist
in any way any inspector or other authorized person in making an ex-
amination of the oysters suspected, or upon being requested by such
officer or other authorized person to be admitted into a boat or oyster
house for the purpose of such inspection, shall refuse to so admit such
officer or other authorized person, the parties suspected shall be
deemed prima facie guilty of violating this section.