Chap. 191.—An ACT to Protect the Oyster Beds in the Waters of the
Commonwealth.

Approved March 14, 1872,

1. Be it enacted by the general assembly of Virginia, That
hereafter it shall not be lawful to take or catch oysters with
dredges or scrapes in the waters of this commonwealth from
first May till first October, nor with tongs in the months of
June, July and August, in any year; nor shall it be lawful
at any time for any person to buy or sell oysters by
any other than staves measures, which shall be uniform in
shape, and of the following dimensions: the bottom to be six-
teen and a half inches across, from inside to inside; the top to
be eighteen inches from inside to inside, and twenty-one inches
diagonal from the inside chime to the top; half tubs to be
twelve and a half inches from inside to inside at bottom, thir-
teen and three quarters inches from inside to inside at top, and
sixteen and a half inches diagonal from inside chime to the top.
All measures must be branded with the initials of the chief in-
spector, or of one of the district inspectors, and the number
of his district; and in the measurement of oysters the tubs
may be filled with a slight rise above the top. Any person
offending against the provisions of this section shall forfeit and
pay for each offence not less than ten nor more than fifty dol-
lars, to be recovered, as other fines are, by Judgment of any
justice of the peace in the county or corporation in whose
jurisdiction such offence may be committed. The collector of
the oyster tax shall inspect and seal all such measures, for
which he shall be paid twenty-five cents by the owner of each
measure; and the collector of the oyster tax failing to comply
with the law appertaining to inspection and sealing shall be
fined twenty dollars for each delinquency: provided, that no-
thing herein shall be construed as to prevent any person from
catching his or her own planted oysters.

2. No person, other than a resident citizen of this state, shall
catch terrapins or clams, catch, take or plant oysters in the

raters thereof, or in the rivers Pocomoke or Potomac; and if
any person, other than such citizen of this state, shall catch
terrapins or clams, catch, take or plant oysters in the waters
thereof, or in the rivers Pocomoke or Potomac, he shall be
deemed guilty of a misdemeanor, and, upon conviction, he shall
be fined not less than two hundred nor more than five hundred
dollars, and the vessel, tackle and appurtenances so employed
shall be held by the inspector as security for the payment of
the fines herein imposed for the period of six months; and
should the fines and costs, including the charges and keeping
such vessel or boat, not be paid within that time, then the
inspector having charge of such vessel or boat is hereby re-
quired to sell the same at public auction, after ten days’ notice;
and, after paying the fines and full costs attending such suit
and seizure, shall pay over the remainder to the owner of such
vessel or boat, or his legal representative; and any non resident
shall be deemed to have violated this section who shall allow
oysters purchased by him for sale, and laid out in said waters
until he has purchased his cargo, to remain so laid out more
than thirty days; but this shall not extend to a citizen of Mary-
land taking oysters in the two above-named rivers, and shall
not be construed to give to citizens of Maryland the right to
catch, take or plant oysters in any creek, cove or inlet tributary
to said rivers.

3. Any citizen of th’s state who shall hire, borrow or charter,
or otherwise obtain the use, from any person or persons being
a non-resident or non-residents of this state, of any vessel or
boat, of any description, for the purpose of employing the
same in taking, catching or planting oysters in this state, and
who shall permit such non-resident or non-residents to be inte-
rested, directly or indirectly, m the profits or gains of such
vessel or boat, shall be de emed multy of a misdemeanor, and,
upon conviction thereof, shall be confined in the county jail not
less than three months, and be fined not less than one hundred
nor more than five hundred dollars, in the diseretion of the
jury; and the captain or master of such vessel or boat, engaged
or employed in the taking, catching or planting oysters as
aforesaid, shall be likewise deemed “euilty of a misdemeanor,
and, upon conviction, be subjected to the same punishment as
is hereinbefore prescribed; and the vessel or boat so used or
employed, together with her apparel, tackle, boats and appur-
tenances, shall be held by the inspector as security for the pay-
ment of the fines herein imposed for the period of six months ;
and should the fines and costs, including the charges for keep-
ing such vessel or boat, not be paid within that time, then the
inspector having charge of such vessel or boat is hereby re-
quired to sell the same, at public auction, after ten days’ notice;
and, after paying the fines and full costs attending such suit
and seizure, shall pay over the remainder to the owner of such
vessel or boat, or his legal representative.

4. That no person shall be considered a resident citizen of
this state, within the meaning of the term as used in sections
second and third of this act, who is not a tax payer in the
state, and shall not have resided within this state for twelve
months next preceding the time when the offence may have
been committed; and in all questions arising as to residence
under this act the onus probandi shall rest on the defendant :
provided, that any person purchasing lands in this state to. the
value of one thousand dollars, one-fourth of the purchase
money of which shall have been paid, and actually residing
thereon, with the bona fide intention of becoming a citizen,
shall have like privileges as though he had resided within this
state the prescribed time: provided, that this section shall not
apply to minors without taxable property, or other persons who
are exempt by law from taxation.

5. Be it further enacted, That it shall hereafter be lawful for
any citizen of this state to take and catch oysters with instru-
ments other than ordinary oyster tongs in Tangier and Poco-
moke sounds, and the Potomac river, and in the Chesapeake
bay, in water over twenty feet deep; but this privilege shall
not extend to Hampton roads or to Mobjack bay, that being
the sheet or body of water all north, northwest and west of a
straight line, drawn from York Spit buoy to the end of New
Point Comfort, or to any inlet, or river, or creek, or the mouth of
any inlet, river or creek, except the said river Potomac, nor
west of a line drawn from the light-house on Rappahannock
Spit to the light-house on Stingery Point, and thence west of
a line running south, southeast to the shoals off the eastern
entrance of Milford Haven; and if any person shall violate the
provisions of this section he shall be deemed guilty of a mis-
demeanor, and, upon conviction, shall be fined for each offence
not less than two hundred dollars nor more than one thousand
dollars; and the vessel or boat used or employed in violating
the provisions of this section, with her tackle, boats and appur-
tenances, shall be held by the inspector as security for the pay-
ment of the fine imposed, as provided in the third section:
provided, that no dredge shall be used of greater capacity than
what is commonly known as the thirteen-tooth dredge, nor shall
the bar of any scrape be over four feet in length.

6. But before a license shall be granted to any captain of a
vessel, who has not already been licensed to be engaged in
taking or catching oysters with dredges or scrapes, the owner
or owners, and master of such vessel, shall each make oath be-
fore a magistrate, or any other officer qualified to administer
oaths, in the township where he or they reside, that they
are the bona fide owner or owners, and master of said vessel,
which is to be described in a certificate to be given by said
ruagistrate or other officer administering the oath; and such
owner or owners, and master, shall moreover, before the magis-
trate or other officer administering the oath, with satisfactory
personal security, enter into bond in the penalty of five hun-
dred dollars, made payable to the commonwealth of Virginia,
conditioned as follows: that they have been residents of this
state for twelve months, or are entitled to the provisions of
this bill by virtue of having purchased land to the amount of
be

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or

one thousand dollars, and paid one-fourth of the amount
thereon, as required in the fourth section; that no non-resident
owns, in whole or in part, said vessel; that the said vessel is
not held with any intention or under.any agreement to return
her, at any subsequent time, to a non-resident; and upon pre-
senting said certificate to any inspector, signed by a magistrate,
that the law has been complied with, license shall be granted
by him according to the prescribed rates. All bonds given in
accordance with the provisions of this section shall be returned
PY, the officer taking them to the clerk of the court.

7. Any person who shall take oysters imbedded, planted or

| sold by any citizen of this state, or shall carry or attempt to

carry the same away without the permission of the owner
thereof, shall be deemed guilty of a misdemeanor, if the amount
so taken shall be of Jess value than fifty dollars, and shall suffer
the penalty now imposed by law for persons found guilty of
petit larceny, and should the amount be of greater value than
fifty: dollars, he shall be deemed guilty of felony, and shall suf-
fer the penalty now prescribed by law for felonies.

8. The collectors of oyster tax shall be specially charged
with the execution of the provisions of this act. They shall be
empowered to make arrests of all parties who shall violate any
of the provisions of this act, and when parties are so arrested
by the collector of the oyster tax, he shall deliver them over to
some justice of the peace, who shall commit them to jail or
bail them: provided, they give bond in good and sufficient
security in double the amount of the fine imposed by law, to
appear at the next monthly or quarterly term of the county or
corporation court to answer for the said offence and to satisfy
the judgment that may be rendered against them. Every col-
lector of oyster tax making an arrest under this act shall be
entitled to receive a fee of three dollars for every arrest so made.

9. lor the failure of the collector of oyster tax to perform
any of the duties prescribed by this act, he shall be liable to be
fined in a sum of not less than one hundred nor more than one
thousand dollars in each case. One-half of all tines imposed
and collected for a violation of any of the provisions of this
act shall go to the informer, and the other half to the common-

. wealth: provided, that no officer intrusted with the execution of

of

tlus law, or person in his employ, shall receive any part of such
fine.
10. The inspectors of the several oyster districts are directed

7 to appoint four tongsmen for ‘each of the oyster districts, who

m

shall be required to assist the Inspectors in preventing the
dredgers from coming within the bounds prescribed by this
act; and the said tongsmen thus appointed for performing such
service, not only shall receive one-half the fine recovered by
law from any dredger, who shall be convicted of a violation of
this law, but shall be permitted to catch oysters with their
tongs free of tax: provided, that nothing in this act shall be
construed to prevent the taking or catching of oysters to the
extent necessary for family use not exceeding two bushels each
day.
11. All acts and parts of acts heretofore enacted, relating t
or concerning the protection of oysters, inconsistent with th
provisions of this act, shall be and the same are hereb
repealed.

12. This act shall be in force from and after the 15th day c
May, 1872.