Chap. 214.—An ACT for the Preservation of Oysters and to obtain Rev-
enue for the Privilege of taking them within the Waters of the Com-
mon wealth.

Approved April 18, 1874.
State property in oysters.

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 common-
wealth 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, sub-
ject to the reservations and restrictions hereinafter imposed.
2. No grant shall hereinafter be issued by the register of
the land office to pass any estate or interest of the com-
monwealth in any natural oyster bed, rock or shoal, whether
the said bed, rock or shoal shall ebb bare or not.

Rights of land owners.

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, notwith-
standing the reservation hereinbefore made.

4. The rights of the owners or occupants of land on any

of the other shores, bays, rivers or creeks within the juris-
diction 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 act.

Tax on planted oysters.

5. It shall be the duty of the township assessor, when he
}assesses the other property of his township, to require all
persons depositing or planting oysters or shells, to state (upon
oath) the cash value of all such oysters or shells deposited
or planted during the preceding year ending on the first
day of February, or remaining in their possession from the
plantings of former years, which amount shall be entered by
the assessor in his books in a separate column, and the per-
"son thus depositing or planting such oysters or shells shall
pay a tax upon their assessed value equal to the tax imposed
upon other species of property, and the said tax shall be col-
lected by the treasurer or collector of the county, township
.or corporation as other taxes are collected. The treasurer
of such county or corporation shall report to the auditor of
public accounts the amount so collected. Any person failin
to comply with the provisions of this section shall be fine
in a sum not less than ten nor more than five hundred dollars.
6. If any owner or occupier of land, having a water front 3
thereon suitable for planting oysters, shall be desirous of ob. §,
taining a location thereon for planting them exclusively for
the use ot his family, he may make application to any inspec- E
tor for the county in which he resides, who shall assign to »
him, on such location as such owner or occupant may desig-
nate, in front of his land, a quantity sufficient for the said
purpose, to be gudged 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: provided, that the said as- a
signment shall not exceed one-half of an acre: and provided >
further, that the privilege thus accorded to the riparian owner p
may, at any time, be revoked at the pleasure of the general ©
assembly. It shall be the duty of such owner or occupant to g
cause the same to be marked with suitable stakes, according to *
the assignment, and thereafter heshall bave the exclusive right
to the use thereof for the purpose aforesaid ; and this privilege
is accorded to said owner or occupant in consideration of the
extra valuation ordinarily assessed upon such land for the
water privileges supposed to attach thereto: provided, how-
ever, that if said owner or occupant shall sell any oysters, x
from said reservation, he shall pay a tax of fifty cents upon %
every one hundred dollars worth so sold by him. The in- t
spector making the assignment of reservation shall be paid x

fe

by such owner or occupant a fee of one dollar. ‘

Longing interest and tax thereon.

7. Any person being a resident of this state who shall be R
desirous of catching or taking oysters or other shell fish, with
ordinary oyster tongs or other like instruments for sale, shall
apply to one of the inspectors for the county in which he re-
sides, 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 per-
sons who are to aid him in his occupation. Thereupon the
inspector shall register him, and prescribe for his boat a num- »
ber corresponding 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.

8. The inspector shall require every tongman to state toT
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 ot September, annually, and in conformity 1
to such estimates shall pay to such inspector an amount, in “
currency, upon each one hundred dollars value thereof, equal
to the tax imposed by law in this state, for that year, upon
ollars value of land, the said amount to be con-
advance of the tax to be levied, until the actual
ascertained. On the first day ot December, or
{ter as practicable, the said tongman shall make,
made to said inspector, a return, on oath, of the
of oysters sold and the price obtained therefor.
shall thereupon levy the tax upon that amount,
y error that may have occurred between the
and the actual sales, refunding to said tongman
hat may have been paid by him, and requiring
f any deficiency that may appear against him.
ates and the like advance shall be made by said
the like corrected settlement shall be made by
at the recurrence of the next three months.
ongman, after registration, shall permit any
not registered to take or catch oysters in his
oyster craft, besides himself and culler, he shall
return to the inspector, at the expiration of
nths, the amount of oysters so taken and sold
n as if they were caught and sold by himself,
| sales therefor; and it shall be the duty of the
3sess upon such amount the tax herein imposed
value. If he shall hire his vessel or craft to
| tongman, or permit him to use the same for

registered person shall make return of the
es made by him during the use of such vessel
as if he had been using his own vessel or craft.
ongman who shall catch and sell oysters shall
or registration, or to comply with the requisi-
ade, or shall fail to pay the tax herein imposed,
od for each offence not less than five dollars nor
snty-five dollars.

iging; what to be paid for the privilege.

be lawful hereafter for any resident of this

and catch oysters or other shell fish with
struments other than ordinary oyster tongs,
1 Pocomoke sounds, and the Potomac river and
ce bay; but this privilege shall not extend to
ds nor Mobjack bay, nor west of a line drawn
-house on Rappahannock spit to the light-house
point, and thence west of a line runnin
the shoals off the eastern entrance of Milfo
) any inlet, river, or creek, nor the mouths
pt the river Potomac). But no dredge shall be
er capacity than what is commonly known as
0th dredge, nor shall the bar of any scrape or
ent be over four feet in length. Any resident
to dredge or scrape for oysters, shall make ap-
ny inspector of the county or corporation in
les, and shall furnish him with a statement on
g the name of his vessel, the owner or owners
thereof, the commander or person in charge or having con-
trol 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 re-
turn her at any subsequent time to a 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 canvass or domestic, which shall be placed
en 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 mainsail. For such registration he shall pay to
the inspector a fee of one dollar.

12. Every owner, master, or commander of any vessel or
other craft, who is a resident of this state, desiring to take
oysters with dredge, scraper, or other instrument than ordi-
nary oyster tongs, shall obtain a license so to do, and shall
pay three 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 authorize said owner, master, or cgmmander to
take oysters for one year from the date thereof, with other
instruments than ordinary oyster tongs, subject to the re-
strictions imposed by law, and to carry said oysters to the
markets of this or any other state.

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

14. If any such resident engaged in dredging or scraping
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 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 ot this act relative to
dredging, he shall be fined for each offence not less than
twenty-five dollars nor more than five hundred dollars.

15. If any vessel or other craft shall be found dredging or
scraping for oysters at any place not herein specified, or with-
out complying with the provisions of this act, the owner 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, and
to the forfeiture of his vessel so engaged and ite appurte-
nances.

16. Nothing herein contained is intended to probibit any
person having oysters planted, as herein authorized, from
using a dredge for the purpose of taking up the same for re-
moval or sale.

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

18. All owners and masters of canoes, boats or vessels re-
gistered or licensed under the preceding sections of this act
are hereby constituted officers of this state for the purpose
of arresting and taking before a justice of the peace, who
shall have jurisdiction thereof, any person or persons who
may be engaged in violating any of the provisions of the pre-
ceding sections (which apply to dredging and scraping) and
of seizing any canoe, boat or vessel engaged therein; and all
such owners or masters are hereby vested with power to
summon the posse comitatus to aid in making such arrest
and seizure as fully as are constables and sheriffs of the sev-
eral counties of this commonwealth.

19. Upon the arrest of any person or persons under the
said preceding sections (applivable to dredging and scraping),
the canoe, boat or vessel so seized shall be liable for any fine
or forfeituraimposed by this act: provided, that the master
or commander, or the owner or owners of the aforesaid ca-
noes, boats or vessels may relieve the same from the custody
of the person or persons making the seizure or arrest by
giving bond with approved security before any justice of the

eace, 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 im-
posed by law, conditioned to produce the same in as
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 pen-
alty and costs be not forthwith paid, all the property 80
seized, or so much thereof as may be necessary, shall be sold
as the court may direct; and the proceeds of such sale or
sales, after deducting all the necessary and legal expenses of
seizure and sale, shall be divided and distributed as follows,
to-wit: one-fourth to the offieer or other person making the
arrest and seizure; one-fourth to those aiding the officer in
making the arrest and seizure, and the residue thereof shall
be paid to the commonwealth.

20. Any person resisting any officer or other person autho-
rized to make arrest and seizure under the said preceding
sections, shall be guilty of a misdemeanor, and upon indict-
ment and conviction thereof in any eourt having jurisdiction,
shall be fined not less than fifty nor more than five hundred Penalty
ollars.

21. If any citizen of this state shall be concerned or inte- Liabitity of
rested with any person not resident within the state in tak- ims conce
ing, catching or planting oysters within this state, or shall, dents in tal
knowingly, permit any person not resident within the state ¢.2sn%s
to take, catch or plant oysters in his name, he shall forfeit
five hundred dollars, and the vessel or craft so employed in
catching or planting oysters, shall be forfeited and sold, one-
fourth of the proceeds of the sale thereof to go to the in- Proceedsot
former ; one-fourth to the inspector, and one-half to the com- »¥ “vide
monwealth.

22. If any person (other than a citizen of this state) shall Penalty on
take or catch oysters or other shell fish in any manner or faking ora
plant oysters in the waters thereof, or in the rivers Potomac ins oysters
or Pocomoke, he shall forfeit five hundred dollars, and the How tongo
vessel, tackle and appurtenances; and any non-resident shall imay bs
be deemed to have violated this section who shall allow oys-fuing
ters purchased by him for sale and laid out as purchased un- Citizens of
til he has purchased his cargo, to remain so laid down more Ie pad cate
than sixty days. But this section shall not extend to citizens Fotomes rt
of Maryland taking oysters in the said mentioned rivers. lw

Protection of oysters; prohibited months for catching them.

23. Hereafter it shall not be lawful for any person to take Prohibitea
or catch oysters in the waters of this commonwealth with Sting oy
tongs, from the fifteenth day of May to the first day of Sep-
tember, nor with dredges or scrapes, from the first day of
May to the first day of October, in any year. But this pro- Prohibition
hibition shall not prevent persons who have planted oysters 2 cxtendt
from taking them frum their beds at any time for family use; planted oys
but this section shall not be construed to prevent any person family wee
from catching oysters for family use not exceeding two bushels

rday. Any person offending against the provisions of this Penalty for
section, shall forfeit and pay for each offence not less than 14 of se
ten nor more than fifty dollars.

24. No person shall be permitted to take or catch oysters proninition
from any of the waters within the jurisdiction of this com- rayrreene
monwealth, for the purpose of converting the same into lime. burn for li
Every person offending against this section shall forfeit and pensity
pay fifly dollars for every hundred bushels so converted.

25. It shall not be lawful for any person to plant or pur- time for p
chase oysters for the purpose of planting, bidding or deposit- 1s oysters
ing them from the fifteenth day of May to the first day of
September; and if any person shall violate this provision he penaty
shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof, he shall be fined for each offence not less than
ten dollars nor more than fifty dollars.
. 26. 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 follow-
ing dimensions: 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 inside to inside at top, and sixteen and
a half inches diagonal from inside chime tothe top. All

, stave measures must be sealed by some inspector of the county
where the same are used. And in the measurement of oys-
ters the tubs must be filled with a slight rise above the top.

, 27. When oysters are bought or sold, out of the shell, it
shall be by wine measure, according to the standard pre-
scribed for such measure by the sixth section of the eighty-
eighth chapter of the Code of eighteen hundred and seventy-
three. Any person offending against the provisions of this
or the preceding sections, shall forfeit and pay for each of-
fence not less than ten nor more than fifty dollars. For each
stave measure so sealed, as provided for in preceding sec-
tion, the inspector sealing the same shall be paid twenty-five
cents by the owner thereof. And for failing to comply with
the requirement for inspecting and sealing, the inspector shall}
forfeit and pay for each offence twenty dollars. I?fan inspec-
tor shall have reason to believe that other measures are used
on board any vessel or craft than such as are prescribed by
this act, it shall be his duty to seize the same and cause them
to be destroyed.

(28. It shall be the duty of the county and corporation
courts of all counties in this state within which oysters are
caught or planted, as soon as practicable after the passage of
this act, to appoint as many inspectors as may be deemed
necessary for their respective counties, to hold office for two
years, and to assign them to such limits as may be deter-
mined by the court, each of whom shall execute, before the
county and corporation courts where they respectively re-
side, bond, with good and sufficient security, payable to the
commonwealth, as follows: The bond of each inspector shall
be in a penalty not less than five hundred dollars nor more
than five thousand dollars, and conditioned for the faithful

o performance of his duties; a copy of which bond the clerk
“ of the court before whom it was executed shall transmit to
the auditor of public accounts within thirty days from its
rdate. At the time of executing said bond, each inspector
appointed by the said court shall qualify by an oath faith-
fully to perform the duties of his office to the best of his
s ability. The county or corporation courts may, for good
cause shown, after notice, upon motion by any person, dis-
mise any inspector who fails to perform the duties of his
office.

29. Whenever any sum of money is received by any in- 1,
spector of this commonwealth on account of taxes, fees, and §
fines, or from any other source, he shall give to the person 4
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 p
by the inspector, and an entry thercof shall be forthwith *™
made in a book kept by him for the purpose.

Inspectors’ reports, and their settlements with the auditor.

30. Each inspector shall report, on oath, and pay over, 1
quarterly to the auditor of public accounts, all moneys re- P
ceived by him. The report shall be in the form required by 4
the auditor, showing under appropriate heads the amount F
received from each source of revenue. It shall particularly”
show the number of bushels or gallons of oysters sold and
transported.

31. Each inspector, as compensation for his services, shall c
be allowed a commission of ten per centum upon the amount
collected.

32. Any inspector (appointed under this act) tnable, from n
sickness or other cause, to perform the duties of his office, ®
may, at his own expense, with the assent of the court by
which he was appointed, either in term time or vacation,
employ a person to assist him. Such assistant may discharge
any of the duties of such officer, and the principal and his p
rehie shall be liable for the faithful performance of such &

uties.

33. The inspectors of oysters appointed under this act are 1
hereby authorized and required to collect, within the limits >
to which they are assigned, all fines, fees, and taxes imposed
by this act, or by any law which may hereafter be enacted,
except the tax on planted oysters. E

Power of inspectors for collecting taxes, fees, and fines.

34. To enable each inspector of oysters to collect the r
taxes, fees, and fines imposed by this act, or by any law fi
which may be hereafter enacted, he is hereby clothed with n
all the powers of a county treasurer or other collector of the
public revenue in distraining for taxes, as provided by the
thirty-seventh chapter of the Code of Virginia, eighteen
hundred and seventy-three; and in addition thereto, he may F
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 act; and in the execution of such attachments, the r
said inspector may summon a posse to enforce the same. *
The inspector shall have power to issue a warrant to any
stable of any county or corporation where he
anding him to apprehend any person charged
a violation of the provisions of this act, and
Ire any justice of the peace for the county or
here the offence was committed, or before a
adjoining county. Said justice shall, if prob-
jhown, commit the accused for trial at the next
ounty or corporation court of the county or
. which the offence was committed, in default
m not less than two hundred dollars; and the
heard and determined as in all other cases for
the revenue laws. Any inspector shall have
ce such arrests by virtue of his appointment,
warrant.

1e arrest of any persons under any section of
ospector may seize and hold any vessel, boat,
used or employed by him or them in taking,
arrying oysters, and the same shall be liable
forfeiture imposed by this act: provided, that
- commander, or the owner or owners of the
el, boat, or. other craft may relieve the same
dy of the inspector by giviag bond, with ap-
yy, before any justice of the peace, or before
he county or corporation court, in term time
ade payable to the commonwealth of Virginia,
double the fine or forfeiture imposed by law,
» produce the same in as good order as when
swer the judgment of the court having jos
3 offence, or otherwise, forfeit the bond. If
rendered against the defendant, it shall be a
dgment of the court, that if the penalty and
rthwith paid, all the property so seized, or so
as may be necessary, shall be sold as the court
d the proceeds accounted for as if it were the
e defendant seized under an execution for the
the judgments. Any constable or inspector
est under this act, shall be entitled to receive
ollars for every arrest so made, which shall be
costs.

28 discharged by paying minimum fines.

fine imposed by this act, it is hereby provided
liable to such fine may pay to the inspector,
the judge of the county or corporation court
or corporation wherein the offence was com-
d of record in the clerk’s office of said courts,
r vacation, the fine agreed upon and all costs:
fine is not less than the minimum amount im-
and be discharged from all legal proceedings
which may be instituted against him. The
ourt shall forward immediately to the auditor
ints a transcript of said record, for which ser-
vice, as well as other services required of him by this act, he
shall receive from the party fined the fees prescribed by law
for similar services. One-fourth of all fines imposed and col-
lected for a violation of any of the provisions of this act,
shall go to the inspector, one-fourth to the informer, and the
remaining half to the commonwealth. For the failure of
any officer or person to perform any duty herein required,
for which no special penalty is prescribed in this act, such
officer or person shall be liable to pay a fine of not less than
fifty nor more than one thousand dollars.

37. Each inspector appointed under the provisions of this
act may designate not exceeding twelve citizens, resident
within the limits assigned him, who, when approved by the
county court, shall constitute a police force to aid the said
inspector in enforcing any of the provisions of this act.
They shall be empowered to make arrests, without warrant,
for any violation of this act.

Natural oyster beds not to be staked in or used for planting oys-
ters or shells; obstruction to be removed.

38. It shall not be lawful for any person to stake in or use
for the purpose of planting oysters or shells, or for depositing
oysters while making up a cargo for market, any natural
oyster bed, rock or shoal, or any part thereof, nor shall any
person who may have occupied and staked off such natural

ed, rock or shoal, continue to occupy the same; and it shall
be the duty of the inspectors appointed under the provisions
of this act, within their respective limits, to notify all per-
sons violating the provisions of this section of the pevislties
imposed for such violation, and to require of them to remove
all oysters planted, and all stakes, watch-houses or other ob-
structions from the said natural beds, rocks or shoals, and if,
after such notice given, any person offending against the pro-
visions of this section, shall refuse or fail to remove hisstakes or
other obstructions, the same shall be removed by the inspector,
at the cost of the offender; and, moreover, he shall be liable
to a penalty of not less than fifty nor more than one thousand

ollars.

Inspectors to report to clerks of county courts.

39. Each inspector or assistant inspector authorized to collect
any fines, fees and taxes under the provisions of this act, shall
quarterly report to the clerk of the court of the county or cor-
poration in which he resides, the amount of fines, fees and
taxes collected by him during the preceding three monthe,
and the names of the parties from whom the same were col-
lected, with the date of collection. It shall be the duty of
the clerk to keep a book with an index alphabetically ar-
ranged, in which these reports shall be recorded—the said
book at all times acceasible for inspection by the public; for
which service the clerk recording the same shall receive the
owed by law for similar service out of the pub-
It shall also be the duty of the inspector to
“y a receipt for all fines, fees and taxes collected
ch receipt shall, in addition to the facts usually
such receipts, give the name of the county in the
of which his report, as above required to be made,
recorded. If any inspector or assistant shall fail
‘ith anyeof the provisions of this section, he shall,
nd conviction thereof before any court authorized
ame, be immediatcly removed from office by the
} county or corporation, and shall forfeit, in pro-
his official bond, an amount not exceeding five
lars, as may be ordered by the judge rendering
nt.
ll be the duty cf the several clerks of the county
tion courts to make returns to the auditor of all
vd.

Larceny of oysters.

yerson who shall take oysters imbedded or planted
on of this state, or any oysters deposited by any
ing up acargo for market, or shall carry or at-
arry the same away without permission of the
of, shall be guilty of a misdemeanor, if the amount
all be of less value than fifty dollars, and shall
enalty now imposed by law for persons found
tit larceny; and should the amount be of greater
ifty dollars, he shall be deemed guilty of felony,
ffer the penalty now prescribed by law for grand

f any person shall take and carry away any shells
the formation of oyster beds without permission
er, he shall, on conviction, be punished as pre-
1e preceding section for the larceny of oysters.

Definition of a resident.

srson shall be considered a resident of this state
meaning of the term used in this act) who is not
in the state, and shall not have resided therein
10nths next preceding the time when any offence
he has been charged may have been committed;
uestions arising as to residence under this act,
obandi shall rest on the defendant.

Prosecutions for violations of law.

e any difficulty may arise in the execution of this
be the duty of each inspector to give informa-
violation thereof known to him, or which may

to his notice, to the attorney for the common-

the county or corporation in which any offence
may have been committed, and shall be guided by his instruc-
tions in the mode of proceeding and the remedy provided.
And it shall be the duty of said attorney to institute the
proper proceedings accordingly, and prosecute the same as
provided by this act and the revenue laws of this state.

The penalties; how recoverable.

45. The penalties herein prescribed, not otherwise provided
for, if not exceeding fifty dollars, shall be recoverable by
warrant before any justice of the peace of the county or cor-
poration in which the offence was committed; but either
party shall have the right to appeal to the county or corpo-
ration 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 corporation court having jurisdiction thereof.

Saving for persons already taxed.

46. 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 ex-
piration of the year for which he has paid such tax.

47. That the act in force April first, eighteen hundred and
seventy-three, entitled an act for the preservation of oysters
and to obtain revenue for the privilege of taking them within
the waters of the commonwealth, and all acts and parts of
acts coming within the purview of this act shall be and the
same are hereby repealed.

48. That this act shall take effect and be in force from and
after its passage.