Chap. 254.—An ACT authorizing and directing the attorney-general of this state
to institute legal proceedings against William Hllinger, in the circuit court of
Accomac (which court is given jurisdiction of such proceedings) to recover from
him the state’s domain held by him in Accomac county, orto set aside and annul
a certain deed or cession, to him from the state fish commiussioner, and to do
whatever may be necessary to maintain, protect and recover the rights of the
state at, around and near Fox island or islands.

Approved February 9, 1898.

Whereas by a resolution approved March fourth, eighteen hundred
and ninety-six, of the general assembly of Virginia, a joint committee
consisting of two members of the senate and two members of the house,
was appointed for purposes set out in said resolution; and whereas said
committee has performed the duties required and prescribed by said
resolution and have reported to this general assembly—first, that the
property rights of the state are being infringed upon by said William
Illinger; secondly, that proceedings ought to be forthwith instituted in
the proper court to protect the interest of the commonwealth: there-
fore, :
1. Beit enacted by the general assembly of Virginia, That the attor-
ney-general of the state is hereby authorized and directed to institute
all necessary legal procecdings in the name of the commonwealth to
recover from said William Ellinger whatever part of the state’s domain
which may be held by him, without lawful authority, in the county of
Accomac, or to set aside and annul the decd or cession made by J. W.
Bowdoin, fish commissioner of the state of Virginia, to said William
Ellinger, said deed of cession dated June twenty-seventh, eighteen hun-
dred and ninety-five, and recorded in the clerk’s office of Accomac
county, along with the plot or survey, and to do whatever may be neces-
sary in accordance with justice and equity, to maintain, protect or re-
cover the rights and interest of the commonwealth in and to her property
at, near and around Fox Island or Fox islands, in the county of Acco-
mac, now claimed by said William Ellinger, by virtue of an act of the
general assembly of Virginia, entitled an act ‘‘ to define and establish,
by straight lines, the low-water mark lines for the riparian owner of the
shores of Fox Island or Fox islands, in the county of Accomac, in the
state of Virginia,’’ approved February twenty-sixth, eighteen hundred
and ninety-four, or which may be otherwise claimed by said William
Ellinger.

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2. Whatever legal proceedings may be instituted under this act shall

be instituted in the circuit court of the county of Accomac, which court
shall have jurisdiction of any legal proceedings which may be instituted
by the attorney-general under this act, and either party shall have the
right of appeal to the supreme court of appeals of this state.

°3. The commonwealth’s attorney of Accomac county shall, when
called upon by the attornev-general, render any assistance in the prose-
cution of any legal proceedings instituted under this act.

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