Chap. 333.—An ACT for the Preservation of Oysters and to Obtain Rev-
enue for the Privilege of taking them Within the Waters of the Com-

monwealth.
In force April 1, 1873.

State property in dysters.

1. All the beds of the bays, rivers and creeks, and the shores
of the sea within the jurisdiction of this commonwealth, and
not conveyed by special grant or compact according to law,
shall continue and remain the property of the commonwealth
of Virginia, and may be used as a common by all the people of
the state for the purpose of fishing and fowling, and of taking
and catching oysters and other shell fish, subject to the reserva-
tions and restrictions hereinafter imposed.

2. No grant shall hereafter be issued by the register of the
land office to pass any estate or interest of the common-
wealth in any natural oyster bed, rock or shoal, whether the
said bed, rock or shoal shall ebb bare or not.

Rights of land owners. Amount to be paid therefor.

3. If any creek, cove or inlet makes into or runs through the
land of any person and is comprised within the limits of his
lawful survey, such person or other lawful occupants shall have
the exclusive right to use said creek, cove or inlet for sowing or
planting oysters and other shell fish, notwithstanding the re-
servation hereinbefore made.

4. The owners or occupants of lands on both sides of any
creek, cove or inlet suitable for planting oysters above the point
where such creek, cove or inlet is one hundred yards in breadth,
shall have the exclusive right to use said creek, cove or inlet
for sowing or planting oysters therein; but this right shall not
be construed to prohibit other citizens from taking oysters
from the natural beds or rocks of such creek, cove or inlet.
But the right of each owner or occupant on opposite sides
shall extend to the middle of the channel, wherever that may
be, from time to time. For such right he shall pay to the in-
spector an annual rent of one dollar: provided, however, that
for all oysters planted or sown for sale therein the said owner
or occupant shall pay to said inspector annnally at the rate of
fifty cents for every one hundred bushels of oysters planted or
sown ; and when the same shall be sold he shall pay on each
hundred dollars value thereof an amount equal to the tax im-
posed by law in this state for that year on each one hundred
dollars value of land.

5. The rights of the owners or occupants of lands on any of
the other shores, bays, rivers or creeks within the jurisdiction
aforesaid, shall extend to ordinary low water mark; but it is
not intended hereby to deprive them of the privilege extended
to others by the first section of this chapter.

Planting oysters. What to be paid for privilege.

6. If any such owner or occupier of land, having a water
front thereon suitable for planting or sowing oysters, shall be
desirous of obtaining a location thereon for planting or sowing
them exclusively for the use of his family, he may make appli-
cation to the inspector for the district in which he resides, who
shall assign to him, on such location as such owner or occu-
pant may designate, in front of his land, a quantity sufficient
for the said purpose, to be judged of by said inspector, subject
to appeal to the judge of the county court of the county in
which said land is located, either in term time or vacation,
who is hereby authorized to take cognizance of the same and
make such assignment as shall seem proper. It shall be the
duty of such owner or occupant to cause the same to be marked
with suitable stakes according to the assignment, and thereafter
he shall have the exclusive right to the use thereof for the pur-
pose aforesaid ; and this privilege is accorded to said owner or
occupant in consideration of the extra valuation ordinarily as-
sessed upon such land for the water privileges supposed to at-
tach thereto. But if he shall fail to cause the reservation to
be staked off within the time specified by the inspector, the
privilege hereby accorded shall be withdrawn, and the reserva-
tion may be assigned'to any other person. For the services of
the inspector in this behalf, for the protection herein required
to be afforded him, and for the annual inspection thereof, the
said owner or occupant shall pay to said inspector annually a
rent of one dollar.

7. If such owner or occupant shall be desirous of planting
or sowing for future sale or exportation more oysters than will
be necessary for the use of his family, and has an additional
water front suitable therefor, he shall have the prior right to
the exclusive occupancy thereof, upon conforming to the terms
prescribed in the next succeeding section. If he fails to make
application within one month after the time fixed for such ap-
plications by the inspector, or declines to take the same, the
inspector may permit any other person to take it.

8. If any other person resident within this state, not having
a water front suitable for planting or sowing oysters, shall be
desirous of planting or sowing them, such person may apply to
the said inspector, stating as near as may be the quantity pro-
posed to be planted, who shall assign to him, on such location
as shall be agreed upon between them,so much of the bed and
shores of said bays and rivers, of the shores of the sea or of
creeks more than one hundred yards wide at or near the
mouth, as may be deemed necessary by said inspector for the
quantity proposed to be planted or sowed. Such person shall
cause the same to be staked off as aforesaid; and thereafter
the exclusive right of planting or sowing oysters on such re-
servation shall be vested in him for the period of one year,
subject to renewal by said inspector upon like application from
year to year. For the reservation so made to him, such appli-
cant shall pay to said inspector an annual rent at the rate of
fifty cents for every one hundred bushels of oysters proposed
to be planted. And if after furnishing the inspector with the
estimate aforesaid he shall fail or neglect to plant, he shall be
required to pay asif he had planted the amount proposed.
Thereafter, when such applicant shall sell said oysters, or any
part thereof, he shall pay to said inspector on each hundred
dollars value thereof so sold an amount equal to the tax im-
posed by law in this state for that year on each one hundred
dollars value of land. The value to be ascertained in the man-
ner hereinafter provided. If such applicant shall fail to have
said reservation properly staked off, or shall fail to pay the sum
required for his reservation, or the tax imposed by law upon
his sales, he shall be fined for each offence not less than five
dollars nor more than one hundred dollars.

9. If no applications be made for surplus locations, or if
more than one person applies for the same location after giv-'
ing reasonable notice, the inspector may, at the time ‘prescribed
in his notice, put up the same to the highest bidder, specifying
the number of rods water front to be allowed each person, and
shall assign it to the person whose bid is the highest above the
price herein prescribed, and thereafter similar proceedings
shall be had and the same rate of tax imposed as hereinbefore
provided.

10. No person shall be allowed, in obtaining such surplus
locations, to monopolize the shores of any river, cove or inlet,
when other persons desire to obtain portions thereof; and to
prevent such result, the inspector shall fix a time and place for
making such allotments and give due notice thereof.

Vessels engaged in trading in oysters.

11. Every non-resident person, being owner, master, com-
mander, hirer or borrower of any vessel, or other oyster craft,
who shall be engaged in the trade of buying and selling oys-
ters within the waters of this commonwealth, and who shall be
desirous of obtaining a location for depositing the oysters pur-
chased by him while making up his cargoes, shall make appli-
cation in like manner to the inspector of the district in which
he desires so to trade, stating the probable amount of oysters
expected to be deposited on such reservation by him during
the period hereinafter prescribed for catching or taking oysters,
and the inspector shall thereupon assign to him, on such loca-
tion as shall be agreed upon between them, so much of said
bed or shores in the waters of this state, not occupied by pre-
vious lawful reservation, as may be deemed necessary by said
inspector for the quantity proposed to be so deposited. Such
applicant shall cause the same to be staked off as aforesaid,
and thereafter his right of deposit shall not be interfered with
by others; but this privilege is not extended to give the right
to such applicant to plant, oysters on such reservation to re-
main thereon beyond the months allowed for the catching or
taking of oysters by the people of this commonwealth. For
the reservation so made to him, such applicent shall pay to said
inspector, for the period assigned him during the year, a rent
at the rate of fifty cents for every hundred -bushels of oysters
proposed to be deposited by him, to be paid in advance. And
if for the next year he shall desire to renew his privilege of
depositing oysters as hereinbefore accorded to him, he shall
have the prior right to do so before the reservation shall be
extended to others, upon the like application and payment, if
application be made therefor on or before the first day of Au-
gust preceding the commencement of the oystering season, as
prescribed by law, and upon failure to do so, the reservation
may be assigned to another.

12. Such applicant shall furnish the inspector with the name
of his vessel, the owner or owners thereof, the commander or
person in charge or having control of her and the tonnage at
which she is rated. And if any question shall arise as to such
tonnage, under custom-house measure, the same shall be com-
puted by dividing the product of the length, breadth and depth
thereof over all or top measurement by one hundred. The in-
spector shall register such vessel or craft accordingly, and for
such registration, the applicant shall pay to the inspector a fee
of two dollars.

13. Any owner, master or commander of any vessel or other
craft, except vessels or boats impelled in whole or in part by
steam, who desires to purchase and carry to market within or
without the state, any oysters or other shell fish, shall first ob-
tain from an inspector a license to purchase oysters from any
person authorized to sell them. Before such license shall be
issued by the inspector, the said master or commander, if he
wishes to carry oysters to market by the load or cargo, shall
pay two cents per bushel for his load or cargo, estimating his
said vessel or other craft to carry twenty-five bushels for every
one hundred cubic feet capacity of the same—each ton of cus-
tom-house measurement as per enrollment of said vessel being
estimated to contain one hundred cubic feet; but if he wishes
to take in or takes in less than a full load or cargo, then he
shall only be required to pay three cents per bushel on the
quantity actually taken in by him. The said tax of two cents
per bushel shall be paid before the said master or commander
shall commence to load his vessel: provided, that any captain
or master of a sail vessel or other craft may be allowed to ob-
tain a license from an inspector to carry oysters in barrels at
the rate of two cents a bushel; and provided, further, that if
he so elect he may obtain from the inspector a license to en-
gage in the, carrying trade for one year by paying in advance
the sum of two dollars for every one hundred cubic feet ca-
pacity of said vessel, to be ascertained as hereinbefore provided
in this section, which license shall entitle him to purchase and
carry oysters and other shell fish to market as aforesaid for
one year from the date thereof. Any person violating the pro-
visions of this section shall pay a fine of not less than fifty nor
more than five hundred dollars.

Dredging ; what to be paid for the privilege.

14. It shall be lawful hereafter for any resident of this state
to take and catch oysters or other shell fish with dredges or in-
struments other than ordinary oyster tongs, in Tangier and Po-
comoke sounds and the Potomac river, and in the Chesapeake
bay; but this privilege shall not extend to Hampton Roads,
nor Mobjack bay, nor to any inlet, river or creek, nor the
mouths thereof (except the river Potomac). But 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
or other instrument: be over four feet in length. Any resident
thus desiring to dredge or scrape for oysters, shall make appli-
cation to the inspector of the district in which he resides, and
shall furnish him with a statement on oath containing the name
of his vessel, the owner or owners thereof, the commander or
person in charge or having control of her and the tonnage at
which she is rated. Such statement shall further show the
township and county in which the said owner or owners reside,
that they are the bona fide owners and have been residents of
this state for twelve months next preceding such application,
that no non-resident owns in whole or in part said vessel, and
that she is not held with any intention or under any agreement
to return her at any subsequent time toa non-resident. Upon
being satisfied of these facts, the inspector shall register such
vessel, and furnish him two numbers, twenty-two inches
long in black, painted on canvas or domestic, which shall be
placed on the sails, as herein prescribed, the number on his
mainsail to be placed above the balance reef in the centre of
the sail, half way between the gaff and said reef, on the jib
above the bonnet in the centre of the jib, and on the opposite
of that on the main sail. For such registration he shall pay to
the inspectors a fee of two dollars.

15. Every owner, master or commander of any vessel or
other craft, who is a resident of this state, desiring to take
oysters with dredge, scrape or other instrument than ordinary
oyster tongs, shall obtain a license so to do, and shall pay four
dollars for every hundred cubic feet capacity of the vessel or
other craft so used or employed, each ton of custom house
measurement as per enrollment of said vessel being estimated
to contain one hundred cubic feet, which license shall author-
ize said owner, master or commander to take oysters for one y¥
year from the date thereof, with other instruments than ordi- B
nary oyster tongs, subject to the restrictions imposed by law,
and to carry said oysters to the markets of this or any other
state.

16. If such resident applicant desires only to dredge or 1
scrape for a single cargo, or for one month, the said inspector ,
shall require him to pay therefor in advance a tax of three cents 4
per bushel on the capacity of such vessel or other craft, allow- F
ing or estimating said vessel or other craft to carry twenty- *
five bushels for every one hundred feet cubic measure.

17. If any such resident engaged in dredging or scraping fF
for oysters shall use or employ dredges or scrapes, other than '
such as are herein specified, or shall fail to pay the tax on the t
vessel employed in such dredging or scraping, or shall fail to
pay the tax hereinbefore prescribed, or shall fail to perform any
of the other requirements of this act relative to dredging, he
shall be fined for each offence not less than twenty-five dollars
nor more than five hundred dollars.

18. If any vessel or other craft shall be found dredging or p
scraping for oysters at any place not herein specified, or with- 4
out complying with the provisions of this chapter, the owner e
or owners, master, commander or person in control of her,
shall be liable to a fine of not less than two hundred nor more
than five hundred dollars for every such offence.

19. Nothing herein contained is intended to prohibit any p
person having oysters planted, as herein authorized, from using
a dredge for the purpose of taking up the same for removal or
sale. :

20. No person who is employed asa hired laborer by the g
month or day upon any vessel engaged in dredging or scrap- 0!
ing for oysters, and who has no direct interest in the amount
of oysters taken, or in the sales derived therefrom, shall be
lable to any tax for such employment.

Lax on steamers, railroad and express companies.

21. Every master or commander of any boat or vessel im- g,
pelled in whole or in part by steam, and every freight agent °:
or conductor of any railroad company, and every agent st
of any express company who shall receive and carry oysters, *
intended for sale, either in barrels, or in bulk in the shell, or !e
after they are opened in any keg or other vessel, shall demand *
of the person shipping the same, and such person shall pay .
therefor, exclusive of charges for freight, three cents for every
bushel in the shell, and three cents for every gallon after being ,
opened, of oysters so received or carried, which amount shall
be collected and accounted for as a tax on said oysters for the q
commonwealth by said master or commander of such vessel or !
boat, by such freight agent or conductor of such railroad
company, and by such agent of such express company, and in
making settlements with their respective companies they shall
render a separate account on oath of the amount of tax so K
collected, and the same shall be paid by said company to the
inspector once in every month, computing the time from the
first day of September annually, and upon such payment shall
forthwith make report to the auditor of public accounts, show-
ing the number of bushels or gallons transported within said
month and the tax received and paid to the inspector therefor:
provided, that no tax shall be paid under this section for re-
ceiving and carrying oysters intended for sale upon which the
tax has already been paid under the thirteenth section of this
act; nor shall the tax imposed in this section be required to
be paid on canned oysters put up in this state, in what are
known as packing houses, for sale and transportation.

Non-residents not permitted to oyster.

22. It shall not be lawful for any non-resident of this state
to take or catch oysters or other shell fish, in any manner, in
any of the waters within the jurisdiction of this commonwealth;
and if any person shall violate this provision he shall be deemed
guilty of a misdemeanor, and upon conviction shall be fined
for each offence, if engaged in taking or catching oysters or
other shelf fish with tongs or other like instruments, not less
than twenty-five dollars nor more than one hundred dollars;
and if in dredging or scraping, not less than two hundred dol-
lars nor more than one thousand dollars, in the discretion of
the jury, and the vessel, boat or craft used or employed by him
for such purpose, with her tackle and appurtenances, shall be
taken possession of and held by the inspector of the district
in which such offence was committed, as security for the pay-
ment of the fine, and proceedings thereupon may be had in all
respects as hereinafter prescribed by the forty-sixth, forty-
seventh and forty-eighth sections of this chapter.

Longing interest and tax thereon.

23. Any person being a resident of this state who shall be
desirous of catching or taking oysters or other shell fish with
ordinary oyster tongs or other like instruments for sale, shall
apply to the inspector for the district in which he resides for
registration. He shall furnish, the inspector, on oath, with his

name, place of residence, township and county, the water
courses in which he designs to oyster, the kind of boat, vessel
or craft to be used or employed, and the culler or persons who
are to aid him in his occupation. Thereupon the inspector
shall register him and prescribe for his boat a number cor-
responding with the number of applicants registered, which
-number he shall cause to be plainly marked or stamped upon
the prow of his boat, vessel or craft.
_ 24. The inspector shall require every tongman to state to
him moreover, on oath, the probable amount of oysters taken
and to be sold by him per day, and the probable amount of his
sales for the succeeding three months, computing the time
from the first day of September annually, and in conformity
to such estimate shall pay to such inspector an amount in cur- T
rency upon each one hundred dollars value thereof, equal to ™
the tax imposed by law in this state for that year upon one
hundred dollars value of land, the said amount to be considered
as an advance of the tax to be levied, until the actual sales
shall be ascertained. On the first day of December, or as soon rR
thereafter as practicable, the said tongman shall make or cause *
to be made to said inspector a return, on oath, of the actual
amount of oysters sold and the price obtained therefor. The
inspector shall thereupon levy the tax upon that amount, cor-
recting any error that may have occurred between the said g
estimate and the actual sales, refunding to said tongman any *
overplus that may have been paid by him, and requiring the
payment of any deficiency that may appear against him. The
like estimates and the like advance shall be made by the said
applicant, and the like corrected settlement shall be made by
the inspector at the recurrence of the next three months.

25. If any tongman, after registration, shall permit any p
other person not registered to take or catch oysters in his *
said vessel or oyster craft, besides himself and culler, he shall r
include in his return to the inspector, at the expiration of each “
three months, the amount of oysters so taken and sold by
such person as if they were caught and sold by himself, and
the actual sales therefor; and it shall be the duty of the inspec- a
tor to assess upon such amount the tax herein imposed upon ©
the like value. If he shall hire hisvessel or craft to any regis- E
tered tongman, or permit him to use the same for tonging,
such registered person shall make return of the amount of sales
made by him during the use of such vessel or other craft as if
he had been using his own vessel or craft.

26. If any tongman shall fail to apply for registration, or to P
comply with the requisitions herein made, or shall fail to pay
the tax herein imposed, he shall be fined for each offence not s
less than five dollars nor more than twenty-five dollars.

Protection of oysters. Prohibited months for catching them.

27. Hereafter it shall not be lawful to take or catch oysters 1
in the waters of this commonwealth with tongs, from the first ?
day of June to the first day of September, nor with dredges 4
or scrapes, from the first day of May to the first day of Octo-
ber, in any year. But this prohibition shall not prevent per- y
sons who have planted oysters from taking them from their?
reservations at any time for family use; but this section shall a
not be construed to prevent any person from catching oysters
for family use not exceeding two bushels per day. ‘Any per-
son offending against the provisions of this section shall for-
feit and pay for each offence not less than ten nor more than
fifty dollars.

28. No person shall be permitted to take or catch oysters y
from any of the waters within the jurisdiction of this common-
wealth for the purpose of converting the same into lime.
Every person offending against this section shall forfeit and
pay fifty dollars for every hundred bushels so converted.

FTow oysters are to be measured.

29. It shall not be lawful at any time for any person to buy
or sell oysters in the shell by any other than stave measures,
which shall be uniform in shape and of the following dimen-
sions: The bottom to be sixteen 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, thirteen and three-quarter inches from in-
side 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 inspector for each district, and
the number of his district, and in the measurement of oysters
the tubs must be filled with a slight rise above the top.

30. When oysters are bought or sold out of the shell, it
shall be by wine measure, according to the standard prescribed
for such measure by the eighty-ninth chapter of the Code, edi-
tion of eighteen hundred and sixty. Any person offending
against this section shall forfeit and pay for each offence not
less than ten nor more than fifty dollars. The inspector shall
inspect and seal all such stave measures, and when necessary
shall see that all wine measures have been properly sealed by
the superintendent of weights and measures. For each stave
measure so sealed he shall be paid twenty-five cents by the
owner thereof. And for failing to comply with the require-
ment for inspecting and sealing, the inspector shall forfeit and
pay for each offence twenty dollars. If the inspector shall
have reason to believe that other measures are used on board
such vessel or craft than ag herein prescribed, it shall be his
duty to seize the same and cause them to be destroyed.

Steamers for the collection of the revenue.

81. The three steamers heretofore procured by the auditor
of public accounts as provided by law, and used in the collec-
tion of the revenue arising from the tax on oysters, shall be
continued to be used for that purpose, and when either of them
shall be deemed by the said auditor to be unfit for further ser-
vice, he shall be and is hereby authorized to sell or dispose
thereof, and to procure another similar steamer in its stead.
If, however, he shall deem it best for the interests of the state
to cause either of them to be overhauled and thoroughly re-
paired, it shall be lawful for him to charter another while the
same may be undergoing repairs. ‘The purchase, if he deem
it proper to procure a new boat, shall not exceed the sum of
seven thousand dollars. And if he shall determine to charter
another boat, he shall contract therefor at such sum as he may
deem reasonable and for a time not exceeding three months at
any one period. If said auditor shall determine to sell any
one of said steamers, he shall advertise the same in such news- ¥
papers as he may select, and shall sell it at public auction, or >
he may exchange it for another on the best terms to be ob-™
tained. The amount realized from the sale to be applied to »
the purchase of the new boat, and the balance contracted to
be paid for such new boat to be paid out of the public treasury
from the fund arising from the tax on oysters; and if.it shall
be exchanged, the difference agreed to be paid upon such ex-
change, if any, shall be paid in like manner out of the public
treasury. |
Appointment of inspectors of oysters.

32.’ The auditor of public accounts shall appoint three in- A
spectors, practical and experienced seamen, each of whom shall
be acquainted with the waters of the Chesapeake bay and
its tributaries, and shall execute before the county or cor- T
poration courts where they respectively reside, bond with good
and sufficient security, payable to the commonwealth as fol-
lows: the bond of each inspector shall be in the penalty of fif- v
teen thousand dollars, conditioned for the faithful performance ?
of his duties; a copy of which bond the clerk of the court be- t
fore whom it was executed shall transmit to the auditor of pub-
lic accounts within thirty days from its date. At the time of q
executing said bond, each inspector shall qualify by taking an ¥
oath faithfully to perform the duties of his office to the best of it
his ability. The auditor may dismiss any inspector from office «,
who fails to perform his duties and appoint another in his place, ®
and shall report the same to the general assembly at its next
session thereafter, with the reasons for such removal.

Inspection districts ; who to command steamers; how they
are manned, provisioned and cared for.

33. The auditor shall lay dff that portion of the common- 1
wealth below tide-water into three inspection districts, to each
of which he shall assign one inspector, who shall execute the
provisions of this chapter in all the counties and waters within
his district. The said auditor shall order such inspector to 1
take charge of and act as master or commander of one of the @
state steamers hereinbefore provided for. It shall be the duty *
of such inspector to employ an engineer and such crew for the ¢
steamer to which he is assigned as he may deem necessary, and :
shall allow and pay them such reasonable compensation as is ®
usual for employees of that class. He shall be authorized to «
purchase or contract for such fuel and such provisions and
supplies as he may deem proper, and to cause such ordinary *
repairs to be made to the steamer, its boats, machinery and uo
furniture as may be necessary to keep her in serviceable condi- *
tion, and shall at all times see that her crew and every part of
said steamer under his charge or control are kept clean and in
good serviceable order.
Deputy inspectors » how appointed, their bonds and quali-
Jjications.

34. The said auditor shall also appoint for each inspection
district one deputy inspector, who shall be charged specially
with the duties hereinafter prescribed. Such deputy shall be
called the auditing clerk. In addition thereto each inspector
may appoint for his mspection district as many deputies as he
may deem necessary, not exceeding three. One of the depu-
ties for the third district shall be the sub-inspector for the
waters east of the counties of Accomack and Northampton.
Each of said deputies shall execute before the inspector by
whom he was appointed, and the auditing clerk shall execute
before the auditor, or as he may direct, bond with good and
sufficient security, payable to the commonwealth, in a penalty
of two thousand dollars, conditioned faithfully to perform the
duties of his office, and each of them shall qualify in like man-
ner by taking an oath similar to that required to be taken by
the inspector himself. The said bonds and certificates of
qualification shall be transmitted by said inspectors respec-
tively to the auditor of public accounts within thirty days after
the execution thereof, and shall be filed in his office. Each
deputy may be dismissed from office by the officer by whom he
was appointed and others may be appointed in their places.

Duties of deputy inspectors.

35. It shall be the duty of each auditing clerk to report to
the inspector for whose district he has been appointed for duty.
He shall be assigned to one of said steamers by the auditor
and be entitled to his board free of charge. He shall keep a
separate and independent book, in which shall be entered all
sums collected by the inspector or his deputies under the pro-
visions of this chapter. The said book shall be in such form
as the auditor shall prescribe.

36. Whenever any sum of money is received by the inspector
for the commonwealth on account of fees, rents, taxes, fines
from the deputy inspectors or from any other source, he shall
give to the person chargeable and making payment, a receipt
specifying the amount received and the nature of the subject
for which such person was chargeable. The said receipt shall
be signed by the inspector and be countersigned by the audit-
ing clerk, and an entry thereof shall be forthwith made in
the book kept by him, and no receipt shall be an acquittance
for the amount paid unless it is so countersigned. And itshall
be the duty of the said auditing clerk to make, on oath, a
monthly report to the auditor, containing a full abstract of all
sums so entered by him in his said book. ©

37. The other deputy inspectors shall be located on land at
such points as the inspector may direct from time to time. It
shall be their especial-duty to ascertain as far as practicable,
and make out a list containing the name of every person
chargeable with fees, rents, taxes or fines under this chapter,
and return a copy of such list to the inspector, who shall cause
the same to be recorded by the auditing clerk. And no deputy v
shall collect any dues under the provisions of this chapter until ¢
such list has been returned and an order issued in writing for 0
such collection by the inspector. The said inspector may r
order said list to be corrected from time to time, as informa-
tion may be obtaind by him, and the order issued to each
deputy shall be recorded and then countersigned by the audit-
ing clerk. Each of said deputies shall make, on oath, ay
monthly report to the inspector of all sums collected by him °
under such orders, and pay over to him all money which may
have been collected.

38. To enable said sub-inspector and each of said deputies P
to collect the tax, and enforce the provisions of this chapter }
and of any act on the subject of oysters that may be passed
from time to time, he and they are hereby clothed with au-
thority and powers of a principal inspector, subject, however,
to the orders of his said principal. Ifhe shall fail to render 5
an account as aforesaid of the amount so collected, or shall fail ¢
to pay that amount at the time of settlement, the amount which r
may be ascertained to be due from him by the inspector shall
be deducted from the compensation hereinafter allowed him,
and any deficiency may be recovered upon his official bond.

Inspectors’ reports and their settlements with the auditor.

39. Each inspector shall report, on oath, and pay over x
monthly to the auditor all moneys received by him, or occount °
therefor, and shall return also a full and accurate account of
all expenditures made under authority of this chapter. The R
report shall be in the form required by the auditor, showing }
under appropriate heads the amount received from each source
of revenue. It shall particularly show the number of bushels ¥
or gallons of oysters sold and transported, and the number of
locations reserved for planting or sowing oysters, with the
quantity planted, as faras may be ascertainable. It shall also
show under general heads the various expenditures, exhibiting
the expense of running, equipping, manning, provisioning, re-
pairing boats and machinery, and all other necessary and a
dental charges.

40. Upon the receipt of these reports the auditor shall pro- 5
ceed to examine the same, comparing them with the reports of ¢
the auditing clerks, allowing all proper accounts, disallowing :
such as are not properly chargeable against the state or not ¢,
sustained by proper vouchers, and correcting allerrors. If the r
full amount with which such inspector is chargeable be not '
properly accounted for by him within ten days after the expi-
ration of each month, or if he fails to make his monthly report,
or to pay the balance appearing to be due by him without
sufficient excuse, to be judged of by the auditor, the said audi-
tor shall refuse to pay him the compensation hereinafter allowed
him, and any deficiency may be recovered upon his official bond.
All fees received by said inspectors shall be paid by them into
the public treasury, and all balances found due upon such set-
tlement shall be paid in hke manner.

Compensation to inspectors and deputies.

41. Each inspector, as compensation for his services, shall be
allowed a salary of twelve hundred dollars per annum, to be
paid monthly, by warrant of the auditor of public accounts on
the treasury, out of the fund receivable from taxes on oysters.

42. The sub-inspector for the third district shall receive as
compensation for his services the sum of four hundred dollars
per year, to be paid monthly by the inspector for that district
out of the oyster fund collected therein; and in addition
thereto he shall be allowed a commission of five per centum
upon the amounts collected by him, such amount with the said
salary not to exceed in any year six hundred dollars, subject to
‘the deductions provided for asaforesaid. Each of the auditing
clerks shall receive as compensation for his services the sum of
six hundred dollars annually, payable monthly, by warrant of
the auditor of public accounts on the public treasury, out of
the fund arising from taxes on oysters. The other deputies
shall each be paid the sum of two hundred and fifty dollars per
year, in monthly payments, by the inspector by whom he was
appointed, out of the funds collected in his district; and in ad-
dition thereto he shall be allowed a commission of five per
centum upon the amount collected by him, such amount with
his said salary not to exceed in any year the sum of four hun-
dred dollars, subject to deductions as aforesaid.

How place of inspector or auditing clerk is supplied when
unable to perform duties.

43. An inspector or auditing clerk, or any deputy, unable
from sickness or other cause to perform the duties of his
office, may at his own expense, with the consent of the officer
by whom he was appointed, employ a person to assist him ;
such assistant, after qualifying in the manner previded by law,
may discharge any of the duties of such officer, and the prin-
cipal ‘and his sureties shall be liable for the faithful ——o
of such duties.

Notices of the stations and rendezvous of inspectors and
deputies.

44. Each inspector within the bounds of his district shall
appoint stations for his rendezvous in the months of June, July
and August, for the convenience of those who may desire to
procure reservations for planting or sowing oysters, or pre-
senting their estimates as hereinbefore provided; and he may
designate such other time and places for steaming into any
bay, river, creek, or other water station, port or harbor as he
may select in each case, and shall specify the time at which he
may be found at such places. He shall give due notice thereof
in the newspapers published in his district, or such othe.
papers as may be most likely to diffuse the information afforded
He shall also cause printed notices to be struck off and to be
posted at the courthouse of each county, and at the most
prominent points in each township thereof, stating that he wil
attend to all applications that may be made to him in accord.
ance with this chapter, and be prepared to receive all amounts
that may be payable from individuals or masters of vessels.
boats, or other craft. He shall also designate the points at
which his deputies are located and where they may be found.
and the times for application to them; and it shail be his duty
and that of his deputies to attend at the times and places
aforesaid, to give as little inconvenience to the people aS pos.
sible.

Powers of inspectors for collecting taxes, fees and fines,

45. To enable each inspector of oysters to collect the taxes,
fees and fines imposed by this chapter, or by any law which
may be hereafter enacted, he is hereby clothed with all the
powers of a county treasurer or other collector of the public
revenue in distraining for taxes, as provided by the thirty-fifth
chapter; and in addition thereto he may attach any vessel,
boat or other craft, her tackle, apparel, anchors, cables, sails,
rigging and appurtenances, commanded by any master or other
officer violating any of the provisions of this chapter; and in
the execution of such attachment the said inspector may sum-
mon # posse to enforce the same. He shall hava the same
power to impress any vessel or steamboat to aid him in the
execution of this chapter as any sheriff or other public officer
now has in the execution of any legal process. Any vessel or
steamboat so impressed shall be allowed fair and just compen-
sation for services so rendered under the provisions of this
section ; the same to be ascertained and determined by a board
of arbitration, to be composed of the captain of the vessel or
steamer impressed, the inspector of the district where the im-
pressment is made, and a third party, who shall be disinterested,
to be selected by the said captain and the inspector. The auditor
of public accounts shall issue his warrant upon the treasurer,
in favor of the said captain or master, for the amount deter-
mined by said board. The inspector shall have power to issue
a warrant to any sheriff or constable of any county or corpo-
ration in his district, commanding him to apprehend any per-
son charged, on oath, with a violation of the provisions of this
act, and carry him before any justice of the peace for the
county or corporation: where the offence was committed, or
before a justice in any adjoining county. Said justice shall
commit the accused for trial at the next term of the county |
or corporation court of the county or corporation in which
the offence was committed, in default of bail, in a sum not less
than two hundred dollars, and the cause shall be heard and
determined asin all other cases for violations of the revenue
laws. Any inspector and his deputies shall have power to
make such arrests by virtue of their appointments, without
other warrant.

46. Upon the arrest of any person or persons under any
section of this chapter, the inspector may seize and hold any
vessel, boat or other craft used or employed in taking, catch-
ing or carrying oysters, and the same shall be liable for any
fine or forfeiture imposed by this chapter: provided, that the
master or commander, or the owner or owners of the afore-
said vessel, boat or other craft may relieve the same from tle
custody of the inspector by giving bond with approved se-
curity before any justice of the peace, or before the judge of
the county or corporation court, in term time or vacation,
made payable to the commonwealth of Virginia, in an amount
double the fine or forfeiture imposed by law, conditioned to
produce the same in as good order as when relieved to answer
the judgment of the court having jurisdiction of the offence,
or otherwise forfeit the bond. If judgment be rendered against
the defendant, it shall be a part of the judgment of the court.
that if the penalty and costs be not forthwith paid, all the pro-
perty so seized, or so much thereof as may be necessary, shall
be sold as the court may direct, and the proceeds accounted
for as if it were the property of the defendant seized under
an execution for the satisfaction of the judgment. Any con-
stable or inspector making an arrest under this act shall be
entitled to receive a fee of two dollars for every arrest so made,
which shall be taxable in the costs.

Pasties discharged by paying minimiun fines.

47. For any fine imposed by this act, it is hereby provided
that any party liable to such fine may pay to the inspector, by
consent of the Judge of the county or corporation court of the
county or corporation wherein the offence was committed, en-
tered of record in the clerk’s office of said court, in term time
or vacation, the fine agreed upon and all costs: provided said
fine is not less than the minimum amount imposed by law, and
be discharged from all legal proceedings instituted or which
may be instituted against him. The clerk of said court shall
forward immediately to the auditor of public accounts a tran-
script of said record, for which service, as well as other ser-
vices required of him by this act, he shall receive from the
party fined the fees prescribed by law for similar services.
One half of all fines imposed and collected for a violation of
any of the provisions of this chapter shall go to the informer,
and the other half to the commonwealth: provided, that no
officer or other person in the service of the state shall receive
any portion‘of said fine. For the failure of any officer or
person to perform any duty herein required, for which no spe-
cial penalty is prescribed in this act, such officer or person
shall be lable to pay a fine of not less than fifty nor more than
one thousand dollars.
48. Each inspector or deputy inspector authorized to collect Ir
any fines under the provisions of this act shall, on or before {,
the fifth day of each month, report to the clerk of the court a
of the county or corporation i in which he resides, the amount of «
fines collected by him during the preceding month, and the
names of the parties from whom the same were collected, with
the date of collection. It shall be the duty of the clerk to c
keep a book with an index alphabetically arranged, in which 2
these reports shall be recorded, the said book being at all r
times accessible for inspection by the public; for which service F
the clerk recording the same shall receive the fees now allowed
by law for similar services out of the public treasury. It shall R
also be the duty of the inspector to give the party a counter-
signed receipt for all fines collected by him; which receipt
shall, in addition to the facts usually set forth in such receipts,
give the name of the county in the clerk’s office of which his
report as above required to be made is or will be recorded. If i
any inspector or sub-inspector shall fail to comply with any of ?
the provisions of this section, he shall, after trial and convic- ™
tion thereof before any court authorized to try the same, be
immediately removed from office by the auditor of public ac-
counts, and shall forfeit, in proceedings on his official bond, an
amount not exceeding five thousand dollars, as may be ordered
by the judge rendering the judgment.

"49. It shall be the duty of the several clerks of the county R
and corporation courts within said inspection districts to make ¢
returns to the auditor of all fines imposed by the justices of”
the county or corporation courts, or by the court of which he
is clerk, and he shall furnish the inspector of his district with c
a copy of such return. The same proceedings may be had for 5
the recovery of such fines as are prescribed by law for the col- i
lection of other fines.

al

GENERAL PROVISIONS.

Natural oyster beds not to be assigned in reservations , o6b-
structions thereon to be removed, staking assignments.

50. In assigning reservations of the beds and shores of the s
waters within the jurisdiction of this commonwealth, either to >
the riparion owners on such waters or to those engaged in ®
planting oysters, or to those who deposit them while making
cargoes for transportation and sale, the inspector shall not as-
sign any natural oyster bed, rock or shoal, or any part thereof,
whether the said bed, rock or shoal shall ebb bare or not, nor
shall he permit any person who may have occupied and staked

off such natural bed, rock or shoal, to continue to occupy the ¢
same, or any part thereof, nor any ‘other person to occupy it in
future, but he shall require them either now or hereafter to ‘
remove any building or shed, or other obstruction therefrom, *
and to take up said stakes, reserving the same exclusively for
the use of all the citizens of this commonwealth as prescribed in
the first and second sectionsof thischapter. Heshall give notice
to such persons of the provisions of this section, and allow a
reasonable time for compliance herewith, and if such person
shall refuse or fail to comply with this requisition, the inspector
shall cause the same to be removed at the cost of the offender;
and moreover, the said offender shall be liable to a penalty of not
less than two hundred dollarsnor more than one thousand dollars.

51. Whenever any inspector shall have: assigned to any per-
son any portion of the beds or shores of the waters aforesaid,
and such person shall have complied with the provisions of this
chapter, in such case it shall be the duty of the inspector to
allow such person a specified time within which to cause his
stakes to be placed; and at the expiration of such time the in-
spector shall see that the quantity allotted to him is not ex-
ceeded, and that the stakes are sufficient and suitable for mark-
ing said reservation, and as a notice to all others not to en-
croach thereupon or interfere therewith. -

Vaiue of sales, how estimated.

52. In estimates for the value of sale in all cases provided
for in this chapter, the person making the estimate shall be
governed by the average value usually paid for each one hun-
dred bushels of oysters, or other shell fish in the market in
which he sells or proposes.to sell. Andif the inspector deems
the estimate too low, he shall increase it to such amount as he
believes, from information in his possession, is a just and fair
valuation, his error, if any, to be corrected when the return of
the actual sales is received.

Larceny of oysters.

53. Any person who shall take oysters imbedded, planted or
sown by any person of this state authorized to imbed, plant or
sow them, or any oysters deposited on a reservation by any
master or commander of any vessel, boat or craft authorized to
make such deposit, or shall carry or attempt to carry the same
away without permission of the owner thereof, shall be guilty
of a misdemeanor, if the amount so taken shall be of less 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 suffer the penalty now prescribed
by law for grand larceny.

- 64. Nothing herein contained shall prevent any person from
depositing on any reservation assigned to him, any number of
bushels of shells as a bed on which the spawn of oysters may
attach itself without paying any tax therefor until the oysters
which may grow thereon shall be taken up and sold. And if
any person shall take and carry away any such shells without
permission of the owner, he shall, on-conviction, be punished
as prescribed in the preceding section for the larceny of oysters.
55. No person shall be considered a resident of this state,
within the meaning of the term used in this chapter, who is not
# tax payer in the state, and shall not have resided therein for
twelve months next preceding the time when any offence with
which he has been charged may have been committed, and in
all questions arising as to residence under this act, the onus
probandi shall rest on the defendant.

Prosecutions for violations of law.

56. Where any difficulty may arise in the execution of this
law, it shall be the duty of each inspector to give information
of any violations thereof known to him, or which may be brought
to his notice by his deputies or others, to the attorney for the
commonwealth for the county or corporation in which any of-
fence may have been committed, and shall be guided by his
instructions in the mode of proceeding and the remedy pro-
vided. And it shall be the duty of said attorney to institute
the proper proceedings accordingly, and prosecute the same as
provided by this chapter and the revenue laws of this state.

Penalties » how recoverable.

57. The penalties herein prescribed, not otherwise provided
for, if not exceeding fifty dollars, shall be recoverable by war-
rant before any justice of the peace of the county or corpora-
tion in which the offence was committed; but either party shall
have the right to appeal to the county or corporation court as
prescribed by law for appeals in like cases. If said penalties
exceed the sum of fifty dollars, they shall be recoverable by
presentment, indictment or information in the county or cor-
poration court having jurisdiction thereof.

Saving for persons already taxed.

58. No person who shall have paid the tax imposed by the
law existing before this act takes effect, shall be required to
pay license or pay any tax imposed by this act until the expira-
tion of the year for which he has paid such tax. And where
persons have heretofore planted oysters or have sowed shells to
produce oysters, the inspector shall allow such person until the
first day of December next for the removal of the same with-
out imposing any tax.

Repealing clause.

59. All acts and parts of acts coming within the purview of
this act shall be and the same are hereby repealed.

60. This act shall take effect and be in force from and after
the first day of May, 1873.