CHAP. 156.—An ACT for the protection of fish in certain waters of
the commonwealth.

Approved February 27, 1879.

1. Be it enacted by the general assembly of Virginia, That t
it shall be unlawful to set, or to take fish by means of any
pound-net, in any creek within the counties of Accomac or ™
Northampton, or in the Chesapeake bay, within one mile and ac
half of the mouth of any such creek. '

2. That it shall be unlawful to set, or to tale fish by means ¢
of any pound-net in the Chesapeake bay, on its eastern side, f
within five miles of either of the counties aforesaid, after the 4
first day of April, and before the twenty-fifth day of June, in ¢
any year. u

3. That it shall be unlawful for any person to Set, or to take 1
fish by means of any pound-net in the Chesapeake bay, within 2
five miles of either of the aforesaid counties, except in pur-
suance of a license obtained in the manner prescribed in the
next succeeding section.

4, That any person or persons desiring to set a ponnd-net in I
the Chesapeake bay, within five miles of either of the aforesaid +
counties, shall apply to the clerk of the court of the county ©
within the jurisdiction of which said pound-net is to be set, state
the name or names of those to be interested in the ownership
of said pound-net, or to be interested in the profits of fishing
the same, the place at which it is to be located, and make oath
that all those owning the pound-net, or to be interested in the
profits of it are, and have been for twelve months next last past,
residents of the state of Virginia; that the name or names of
those owning said pound-net, or to be interested in the profits
of the same, have been correctly stated; that the owner or
owners thereof will not engage in taking or catching fish with
any non-resident, and that, during the time covered by the
license applied for, the owner or owners will not violate the
laws of Virginia as to the taking of fish.

5. That when the provisions of the next preceding section X
shall have been complied with, the said clerk shall grant aj.
license, to run in the name of the commonwealth, setting out
the name or names of those owning and interested in the said
pound, to set and fish a pound-net. The said license shall name
the place at which the said pound is to be set, and be in force
from the twenty-fifth day of June in one year to the first day
of April in the next year. For granting said license the clerk
shall receive one dollar.

6. That it shall be unlawful for any non-resident to set a
pound-net, or to be interested in the fishing of a pound-net, or
to be the sharer of the profits derived from the fishing of any
} ound-net within the waters aforesaid. And it shall be unlaw-
ful for any resident to engage in pound-fishing with @ non-resi-
dent, to be the owner of a pound net with a non-resident, or to
share the profits of any pound-net with a non-resident.

7. No person shall be considered a resident of this state,
within the meaning of this chapter, who shall not have actually
resided within the limits of the state twelve mouths next pre-
ceding the t.me when the supposed offence nay have been com-
mitted; and in all questions that may arise as to residence,
under this chapter, the onus probandi shall rest on the de-
fendant.

8. ‘hat any person violating any provision of this act shall
be fined not less than one bundrecd and fifoy dollars, and not
more than two hundrel collars, and shall forfeit all beats,
ets, and other appliances used in the fishing of said pounds;
and each and every day that said pound-net shall remain in
the water after the first day of April, and before the twenty-
fifth day of June, shall constitute a violation of tkis act.

9. Ail acts and parts of acts inconsistent with this act, are
hereby repealed.

10. This act shall be in force from its passage.