Chap. 296.—An ACT to Protect the Oyster Beds in the Waters of the Com-
monwealth.

Approved July 11, 1870.

1. Be it enacted by the general assembly of Virginia, That
hereafter it shall not be lawful to take or catch oysters in the
waters of this commonwealth 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 stave mea-
sures, which shall be uniform in shape and of the following
dimensions: the bottom to be sixteen and a half inches across,
from inside to inside; the top to be eighteen inches from in-
side 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, thirteen and three-quarters inches
from inside to inside at top, and sixteen and a half inches di-
agonal from inside chime to the top. . All measures must be
branded with the initials of the chief inspector, or of one of
the district inspectors, and the number of his district; and in
the measurement of oysters, the tubs must 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 dollars, 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 in-
spect and seal all such measures, for which he shall be paid
fifty 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 nothing herein shall be construed
as to prevent any person from catching his or her own planted
oysters, or from catching or taking two bushels of oysters from
the natural beds in any one.day for family consumption, in
the months aforesaid.

2. No person other than a resident 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; 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 five hundred dollars, and the vessel, tackle, and ap-
purtenances so employed, shall be forfeited to the common-
wealth, and at the discretion of the court, he may be impris-
oned not more thar six months; and any non-resident shall
be deemed to have violated this section who shall allow oys-
ters 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. But this
section 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 this state who shall hire, borrow, or char-
ter, or otherwise obtain the use from any person or persons,
being a non-resident or non-residents of this state, of any ves-
sel 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
interested, directly or indirectly, in the profits or gains of such
vessel or boat, shall: be deemed guilty of a misdemeanor, and
upon conviction thereof, shall be confined in the county jail
not less than six months, and be fined not less than five hun-
dred nor more than one thousand dollars, in the discretion of
the jury ; and the captain or master of such vessel or boat, en-
gaged or employed in the taking, catching, or planting oysters
as aforesaid, shall be likewise deemed guilty of a misdemeanor,
and upon conviction, be subjected to the same punishment as
is hereinbefore prescribed, and the vessel so used or employed,
together with her apparel, tackle, boats, and appurtenances,
shall be forfeited to the commonwealth.

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 resctihos time.

f any person shall take or catch oysters with instruments
other than ordinary oyster tongs, within the waters of this
state, he shall be deemed guilty of a misdemeanor, and upon
conviction shall be fined not less than five hundred dollars and
forfeit to the commonwealth the vessel or boat so employed,
and at the discretion of the court be imprisoned not more than
twelve months: provided, this section shall not apply to the
waters of Tangier and Pocomoke sounds, or any of the waters
adjacent to the counties of Accomack and Northampton, in
water not less than twenty feet; but this privilege does not
extend to any river or creek, or to the mouth of any river or
creek: provided further, that the privilege of taking or catch-
ing oysters with instruments other than ordinary oyster tongs,
in the waters above named, shall extend exclusively to citizens
of Accomack and Northampton counties.

6. But before a license shall be granted to any captain of a
vessel, 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 before a magistrate, 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 magistrate; and such owner
or owners and master shall, moreover, before the magistrate
administering the oath, with satisfactory personal security, en-
ter into bond in the penalty of five hundred dollars, made pay-
able to the commonwealth of Virginia, conditioned as follows:
that they have been residents of the state for twelve months,
or are entitled to the provisions of this bill by virtue of hav-
ing purchased land to the amount of one thousand dollars and
paid one-fourth of the amount thereon, as required in the fore-
going 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 presenting said certificate to any
inspector, signed by a magistrate that the law has been com-
plied with, license shall be granted by him according to the
prescribed rates. All bonds given in accordance with the pro-
visions of this section, shall be returned, by 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 felony, and upon convic-
tion, shall be imprisoned in the penitentiary for a term not less
than three nor more than five years, at the discretion of the

ury.

} 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 ot the provisions of this act, and when parties are so ar-
rested 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 sufii-
cient 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 ratify the judgment that may be rendered against him.
Every collector of oyster tax making an arrest andor this act,
shall be entitled to receive a fee of three dollars for every ar-
rest so made.

9. For 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 fines im-
posed and collected for a violation of any of the provisions of
this act shall go to the informer, and the other half to the
commonwealth. Nothing contained in this act shall prevent
the inspector from peing an informer and receiving one-half
of any fine imposed. This act shall be given in charge to the
grand jury of the several county courts of the counties lying
in and adjoining the oyster district.

10. All acts and parts of acts heretofore enacted, relating to
or concerning the protection of oysters inconsistent with the
provisions of this act, shall be and the same are hereby repealed.

11. This act shall be in force from and after the first day of
August, eighteen hundred and seventy.