Chap. 32.—An ACT to provide for inclusion of the natural oyster rocks, beds and
shoals in a certain portion of the Machadoc River in Westmoreland county
in a certain survey of the natural oyster rocks, beds and shoals of the Com-
monwealth, to provide for appeals in certain cases, and to repeal inconsistent
acts. ; [H. B. 34]

Approved March 30, 1945

- Be it enacted by the General Assembly of Virginia:

I. Section 1. The circuit court of Westmoreland county, or the
judge. thereof in vacation, shall immediately appoint three commissioners,
one of whom shall be an oyster tonger, one of whom shall be an oyster
planter and the third of whom shall be any citizen of Virginia, whether
residing in Westmoreland county or not and whether engaged in the
oyster industry or not, and who is deemed by the court or judge to
possess the qualifications of intelligence, morality, and integrity. The
three commissioners so appointed shall, with the engineer of the Com-
mission of Fisheries go out upon the waters of the Machadoc river in
Westmoreland county and there in the following described area not here-
tofore surveyed proceed to lay off and designate by metes and bounds
all of the natural oyster rocks, beds and shoals within such waters of such
river in the county: starting at a marker located on the north side of
Coles Point Bar; thence, in a straight line in a westerly direction to
marker on shore of property now occupied by Robert McFaden; thence,
to line at the mouth of Machadoc Bay beginning from a marker located
on Billie’s Point on the east side of bay; thence, in a westerly course to
a marker located on King Copsico Point; they shall cause the surveyor
to make a true and accurate survey and plat of same, showing by perma-
nent objects on shore where possible the limits and boundaries of the
natural oyster rocks, beds and shoals so laid off and surveyed in such
area.
Section 2. Any oyster tonger, planter, riparian owner or any citizen
of the State may appear before the commissioners herein provided for
and give evidence why any part of such bottoms should or should not
be regarded and held to be natural oyster rocks, beds and shoals.

Section 3. When the survey has been made a report and plat
thereof shall be made and filed in the clerk’s office of the circuit court of
Westmoreland county and the court or judge thereof in vacation shall
approve or disapprove the report and plat within sixty days after same
has been filed unless exception thereto be taken.

Section 4. Any oyster tonger, planter, riparian owner or other
citizen of this State may file exceptions to the report and survey so filed
in the clerk’s office; such exceptions shall specify with particularity and
in detail wherein, to what extent, and why the report and survey are
incorrect. The court within sixty days after such exceptions have been
filed shall hear and determine, without a jury, the matters raised by the
exceptions.

If the court orders the commissioners to amend their survey, plat
and report they shall do so in accordance with the order of the court
and shall proceed to complete the duties assigned them under the terms
thereof.

Section 5. If the court or judge approve the report and plat it
shall have the same force and effect as if it were a part of, and had been
included in, the original geodetic survey made under authority of the
Acts of Assembly of Virginia, a plat of which is on file in such office. The
order of the court or judge shall be entered in the common law order
book of the court. The bottoms so surveyed and set apart and approved
hereunder are declared to be natural oyster rocks, beds and shoals to be
held and regulated as other natural oyster rocks, beds and shoals em-
braced in the geodetic survey, and all laws relating to natural oyster
rocks, beds and shoals in the geodetic survey apply to the natural oyster
rocks, beds and shoals so set aside and provided for hereunder.

Section 6. An appeal shall lie of right to the Supreme Court of
Appeals from the findings and order of the court or judge.

Section 7. Riparian owners on the Machadoc River shall have
the same riparian rights in the area affected hereby as like owners on
other waters in Westmoreland county.

2. All acts or parts of acts inconsistent herewith are repealed to
the extent of such inconsistency. |

3. An emergency exists and this act is in force from its passage.