Chap. 253.—An ACT to amend and re-enact sections 3222, 3223 as heretofore
amended, and 3226 of the Code of Virginia, relating to oyster inspectors and
assignment of planting grounds. [H B 104]

Approved March 28, 1934

1. Be it enacted by the General Assembly of Virginia, That sections
thirty-two hundred and twenty-two, thirty-two hundred and twenty-
three as heretofore amended, and thirty-two hundred and twenty-six
of the Code of Virginia, be amended and re-enacted so as to read as
follows:

Section 3222. Each inspector shall by the fifth of every month, and
at such other time as may be required of him, make a complete report
to the Commission of Iisheries of collections during the preceding
month from every source under his supervision, according to the forms
furnished him by order of the commission, accompanied by all revenues
collected during the preceding calendar months. The said inspector
shall give receipts for all rents, fines, taxes and other sums collected by
him only upon such blank forms as may be furnished him by the com-
mission, and shall keep accounts of all such collections and records of
all his official acts in books to be furnished him by the commission,
which books and records shall be and remain the property of the State,
subject at all times to examination by said commission or its agents or
attorneys, and be delivered to such inspector’s successor in office, or to
the commission. For failure to comply with any provisions of this
section such inspector shall be fined not less than twenty-five nor more
than one hundred dollars.

Section 3223. Any owner of land having a water front thereon
suitable for planting oysters, who has not had as much as one-half acre
of ground already assigned him on said front, or whose lease has ter-
minated and is not to be renewed, may make application for planting
ground to the inspector for the district in which the land lies, who

shall assign to him such ground, wherever such owner may designate
in front of his land, not exceeding in area one-half acre, and in measure-
ment to be not less than one-fourth of an acre at its narrowest width,
the same to be surveyed, platted, marked, assigned and recorded, in all
respects, as provided for assignments to persons in the next succeeding
section. For assigning to riparian owners, the surveyor shall receive a
fee of one dollar, and the inspector a fee of fifty cents. Such owner
shall have the exclusive right to the use thereof for the purpose afore-
said, such assignment to pass with the land to any subsequent owner.
If any portion of said water front be assigned to a riparian claimant,
which at the time is occupied by others with oysters actually planted
thereon, the person occupying the same shall have twelve months in
which to remove such oysters; provided, this section, so far as the
quantity of land to be assigned to and held by riparian owners is con-
cerned, shall not apply to the counties of Richmond, Northampton,
Northumberland and Westmoreland, but section six of chapter two
hundred and fifty-four, acts eighteen hundred and eighty-three and
eighteen hundred and eighty-four, shall continue in force as to the said
counties, but nothing herein contained shall be construed as authorizing
a rental of less than one dollar per acre for riparian owners in the
above-named counties of the land assigned them as such riparian own-
ers ; provided, that nothing in the said section which restores to riparian
owners in said counties one-fourth of their respective water fronts,
suitable for planting oysters, shall be so construed as to permit the
owners of water fronts to compel occupants of said fronts to remove
their oysters from any fourth of said shores, if the residue of said
shore be already in his, the land-owner’s possession, or be unoccupied ;
and provided, further, that this section shall not apply to riparian lands
located in the city of Norfolk, Virginia, or to any owner of land located
in said city, and having a waterfront.

Section 3226. Each inspector shall, immediately upon completing
the assignment of any oyster planting ground, notify the clerk of the
Commission of Fisheries of the person to whom assigned, the water
where, and the number of acres contained in said assignment.