An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1881/1882 |
---|---|
Law Number | 186 |
Subjects |
Law Body
Chap. 186.—An ACT to authorize the East River Railroad Company,
of West Virginia, and its successors to extend and operate part or
parts of its line in the state of Virginia, to unite, connect, and con-
solidate with other companies and to borruw money.
Approved February 15, 1882.
Whereas the East River railroad company, of West Vir-
ginia, is authorized to construct its railroad from a point on
the East river, on the Virginia state line near the mouth of
East river in the county of Mercer, and state of West Vir-
ginia, thence following the East river to the point on the Vir-
ginia state line, where the East river crosses the Tazewell
county line, in this state, or near the head of East river; and
whereas in the construction and operation of the said road,
it is necessary to cross the state line of Virginia, and extend
the road into this state; therefore,
1. Be it enacted by the general assembly of Virginia, That
the East River railroad company, of West Virginia, and its
successors, shall have the power and authority to cross the
state line into and out of the state of Virginia, as often as
may be necessary, and to extend, locate, construct, and ope-
rate its railroad in this state by any route or routes it may
adopt, from either end or both ends of the line in West Vir-
ginia to such point or points in the counties of Giles, Taze-
well, Buchanan, and Dickinson as the said company may
select; and for the purposes of this act the said company
may contract for, purchase, and condemn land, and may
acquire and hold real and personal property, and have, pos-
sess, and exercise such powers and privileges not incon-
sistent with the laws of this state, as may be required to con-
struct and operate such part or parts of its railroad in this
state: provided, however, that as to the part or parts of its
road in this state, the East River satinoasl company shall be
subject to all the obligations and duties, and entitled to all
the powers and privileges imposed and granted by provisions
of the Code of Virginia applicable to railroad companies,
except so far as the same may be inconsistent with the pro-
visions of this act.
§2. The said East River railroad company shall have the
power to consolidate by change of name or otherwise, with
the Norfolk and Western railroad company, the New River
railroad company, of Virginia, and with the New River
railroad company, of West Virginia, and for this purpose
power is hereby granted to it, and to said other railroad
companies, to make and carry out such contracts of consoli-
dation; but it shall not consolidate with any parallel or com-
peting line without the consent of the general assembly:
provided that in all consolidations a copy of the agreement
shall be filed in the office of the board of public works.
3. That the East River railroad company may, from time
to time, secure its bonds and other indebtedness by deed or
deeds of trust or mortgage, conveying its property, privi-
leges, and franchises, and any railroad company or companies
of this state, other than parallel or competing lines, ma
subscribe and acquire by purchase or otherwise its stoc
and bonds: provided said company shall begin work within
two years and shall complete the main line within five years
from the passage of this act, and that this act shall be at any
time subject to amendment, or repeal, by the general assem-
bly of this state: and provided that said East River railroad
company, and any company or companies into and. with
which the same may hereafter consolidate, shall be, and
shall forever remain, subject to the general laws of Virginia,
and to the jurisdiction of the courts of Virginia, and shall
have the right to sue, and shall forever be liable to be sued,
in the courts of this state, and for this purpose, process may
be served on any officer or agent of said company, and its
successors, in any county or corporation of this state, wherein
such cause of action against such company may arise.
4. This act shall be in force from its passage.
Chap. 186.—An ACT to define the true boundary line between Mary-
land and Virginia; to designate the headlands upon the Potomac
river, and to prohibit unlawful oystering and dredging in the Poto-
mac river and Roanoke sound.
Approved March 1, 1882.
Whereas by joint resolution of the general assembly of
the state of Virginia, passed day of , eighteen hun-
dred and eighty-two, a committee was appointed, consisting
of William Mayo and H. A. Atkinson, Jr., on the part of the
senate, and EK. 8S. Phillips, Charles E. Stuart, and N. H.
Champlin, on tho part of the house of delegates, to confer
with a similar committee to be appointed by the general
assembly of Maryland, in reference to fixing the headlands
mentioned in the award of the arbitrators appointed on the
part of Virginia and Maryland to fix the boundary line
etween the said states, upon the Potomac river, and across
Pocgmoke sound; and also to confer upon concurrent legis-
lation between the two states for the better protection of
oysters in the Potomac river and Pocomoke sound, and such
other cognate subjects as in their judgment might be within
the general scope of the matters aforesaid.
Whereas the gencral assembly of Maryland, by joint reso-
lution, appointed John T. Bond, F. M. Lancaster, and Jobn
H. Cooper, on the part of the Senate, and John H. Handy,
Sydney E. Mudd, and I. T. Coston, on the part of the house
of delegates, to confer with said committees of the general
assembly of Virginia; and the said committees for the two
states aforesaid .met at the city of Richmond, state of Vir-
ginia, upon the fourteenth day of February, eighteen hun-
dred and eighty-two, and after having organized, proceeded
to the consideration of the several matters to them committed
by the said several joint resolutions, and did consider and
agree—
First. That the following headlands on the Potomac river
should be the points between which straight lines should be
drawn as and for the true boundary lines between the states
of Virginia and Maryland, under the award of J. S. Black
and Charles J. Jenkins, arbitrators appcinted by the said
stateS, to fix the said boundary lines, to-wit: Commencing at
Smith’s point, drawing thence a straight line to Cupit's
island, thence westerly to Judith’s point (a point on Judith’s
sound), thence westerly to Sandy point, thence to Ragged
point, thence to Church’s point, thence to White print, thence
tothe Upper Machodoc point, and from Upper Machodoc to
Persimmon point, thence to Mathias point, thence to Matom-
kin point, thence to the land on the south shore abreast of
Maryland point, to a point on the Potomac creek opposite
Marlboro’ point, thence to Brent’s point, thence to Clifton
point, thence to Cockpit point, thence to Freestone. point,
thence to High point, thence to Hallowing point, thence to
Whitestone point, thence to Perry point, thence to Sheri-
dan point, thence along the south shore to Alexandria, thence
to Hunter's point, thence to Gravelly point, following the
south shore and the meandcrings of the river to the line of
West Virginia and Virginia.
Second. That oyster dredging should be prohibited in the
Potomac river west, from a line drawn from Point Lookout
in Maryland, to tho headland of Smith’s point, in Virginia.
Third. That oyster dredging should be prohibited in Poco-
moke sound.
Fourth. That common rights of fishing and oystering
shall be enjoyed by the citizens of both states in tbat part
of Pocomoke sound north and east of a straight line, com-
mencing at Watkins’ point, and running thence in a south-
easterly direction to buoy R, number four, as it is now
located upon coast chart number thirty-three, of the United
States coast survey (sheet number three, Chesapeake bay),
fled as a part of said award of said Black and Jenkins,
making off from a shoal from Messongo creck; thenco with
a straight line, to the northern boundary of said creek. No
rights in any creek or inlet granted hereby by either stato,
and the riparian rights upon the shores of said sound to be
respectively protected in same manner as is provided for in
the Potomac river by the compact of seventcen hundred and
eighty-five. This line to be no longer binding if dredging is
authorized by cither state.
Fifth. That there shall be concurrent jurisdiction between
the states of Maryland and Virginia, by which the violators
of the oyster laws may bo punished in cither state. That a
concurrent law be passed restricting the taking of oysters
for any lawful purpose in the Potomac river, and that part
of Pocomoke sound covered by the concurrent act from the
first of October to the first of May; and that they be taken
for planting or bedding, and may be planted or bedded in the
waters of cither state up to and including May fifteenth, and
during all of September; and strictly prohibiting their being
taken for sale, or planting from May fifteenth to September
first: provided, however, that they may be taken to be eaten
within the county where taken at any time.
And whereas the said committees have recommended that
the following act be passed, to ratify and carry out the said
agreement, entered into by them with each other, subject to
the action of their respective legislatures, as is witnessed _by
their signatures subscribed to this preamble, as follows:
WILLIAM MAYO,
H. A. ATKINSON, Junior,
On part of senate of Virginia.
EK. 8. PHILLIPS,
N. H. CHAMPLIN,
CHARLES E. STUART,
On part of house of delegates of Virginia.
JOHN THOMAS BOND,
F. M. LANCASTER,
JOHN H. COOPER,
On part of senate of Maryland.
JOHN H. HANDY,
ISAAC T. COSTEN,
SYDNEY E. MUDD,
On part of house of delegates of Maryland.
Now, therefore,
1. Be it enacted by the general assembly of Virginia, That
the boundary lines between the state of Virginia and Mary-
land, upon the Potomac river, as found by the award of Jer-
emiah 8. Black and Charles J. Jenkins, arbitrators aforesaid,
shall and the same are hereby declared to be as follows:
Commencing at Smith’s point, drawing thence a straight line
to Cupid’s island; thence westerly, to Judith’s point, a point
on Judith’s sound; thence westerly, to Sandy point; thence
to Ragged point; thence to Church’s point; thence to
the Upper Machodoc point, and from Upper Machadoc to
Persimmon point; thence to Mathias point; thence to Ma-
tompkin point; thence to the land on the south shore abreast
of Maryland point, to a point on the Potomac creek opposite
Marlboro point; thence to Brent’s point; thence to Clifton’s
point; thence to Cockpit point; thence to Freestone point;
thence to High point; thence to Hollowing point; thence to
Whitestone point; thence to Perry point; thence to Sher-
idan point; thence along the south shore, to Alexandria;
thence to Hunter’s point; thence to Gravelly point, follow-
ing the south shore and the meanderings of the river, to the
line of West Virginia and Virginia.
2. And be it enacted, That it shall be unlawful for any
person or persons, or body corporate, to dredge for oysters in
the waters of the Potomac river above a straight line com-
mencing at Point Lookout, in Maryland, and running thence
across said river to the headlands on Smith’s point, in Vir-
ginia, mentioned in the first section of this act.
3. And bo it enacted, That it shall be unlawful for any
person or persons, or body corporate, to dredge for oysters in
any of the waters of the Pocomoke sound.
4, And be it enacted, That in consideration of the mutual
concession of rights made by tho states of Virginia and
Maryland, hereinafter in this section provided, that the citi-
zens of each of said states shall have equal and common
tights of catching and taking fish and oysters in all the
waters of the Pocomoke sound lying north and east of a
straight line commencing at Watkins’ point, in Maryland,
and running thence in a southeasterly direction to buoy R,
number four, as it is now located upon the coast chart, num-
ber thirty-three, of the United States coast survey, sheet
number three, Chesapeake bay, filed with said award of
said Black and Jenkins, making off from a shoal from Mes-
songo creek, and a straight line commencing at the end of
the aforesaid line, and running by the shortest straight line
thence to the northern boundary line of said creek: pro-
vided, nevertheless, that neither of the said states, nor the
citizens thereof, shall have, or be deemed to havo acquired,
by reason of anything in this act contained, any rights in
any creek or inlet making into or bounding on said sound:
and provided further, that the riparian rights of the said
states, respectively, and the citizens thereof, shall be the
same, with the same limitations and restrictions as exist
by virtue of the compact between the said states, made in
the year seventeen hundred and eighty-five, to which refer-
ence is hereby made for the same: and provided further, that
if either of said states shall fail to prohibit, or having pro-
hibited dredging in any part of Pocomoke sound, shall repeal
the same, then, and in that case, this section shall be no
longer binding on the other.
5. And be it enacted, That both of the said states of Vir-
ginia and Maryland, shall have concurrent jurisdiction over
all offences against this act, committed upon the waters
described in the fourth section of this act, as well as in the
Potomac river, and that tho officers of either state who may
be empowered by the laws of said states, respectively, to
enforce this act, shall arrest any person or persons, charged
with tho violation of any of the provisions thercof; the said
person or persons, so arrested shall be taken by the officer
making sucb arrest, and delivered for trial to the proper
authorities of the state of which they may be citizens; and
if any of the said persons so arrested be not citizens of eithor
of said states, then such persons shall be taken and delivered
for trial to the proper authorities of the state whose officer
makes such arrest, unless there be at the same time citizens
of either of the said states arrested as participants in said
offence; in which case said non-resident offenders shall be
delivered for trial to the proper authorities of that state
whose citizens are at the same time arrested as participants
in the same offence.
6. And bo it enacted, That it shall be lawful to collect or
take oysters for any lawful purpose in the Potomac river,
and that part of Pocomoke sound covered by the fourth sec-
tion of this act, from the first day of October to tho first day
of May; and that it shall be lawful to take oysters in said
waters for the purpose of planting or bedding only; and
that they may be planted and bedded in the waters of either
of the suid states up to and including the fifteenth day of May,
and during all the month of September; and that the callect-
ing and taking of oysters, whether bedded or not, in any of,said
waters, for any purpose whatever, shall be unlawful from the
fifteenth day of May, to the first day of September: provided
that nothing in this act shall be construed to prohibit the col-
lecting or taking of oysters in any of said waters, at any
time to be eaten within or opposite to the county wherein
taken.
7. And be it enacted, That if any person or persons, or
body corporate, shall take or catch oysters with dredges, or
instruments other than oyster tongs, within the waters
described in this act, upon conviction, he, they, or (if a cor-
poration) it, and its agents and servants, shall be punished
according to the provisions of law in that case, made and
provided for by the state or commonwealth where said con-
viction may be had: provided that in no case shall the pun-
ishment be Jess than one nor more than three years imprison-
ment, in such place as may be by the law of said state or
commonwealth provided, and forfeiture of the vessel, boat, or
craft, its tackle, furniture, and apparcl, to be disposed of as
may be provided by the laws of said state or commonwealth.
8. And be it enacted, That if any person, or persons, or
body corporate, shall violate the laws of the said states,
respectively, with regard to catching or taking oysters with
tongs in the waters described in this act, he, they, and (if a
corporate body) it, and its agents and servants, shall, upon
conviction, be punished according to the laws of the state or
commonwealth where such conviction is had.
9. And be it enacted, That all acts and parts of acts in-
consistent with the provisions hereof, are hereby repealed.
10. And be it enacted, That this act shall go into effect
from a date a similar act may be passed by the general
assembly of Maryland and become a law of said state.
Chap. 186.—An ACT to authorize the East River Railroad Company,
of West Virginia, and its successors to extend and operate part or
parts of its line in the state of Virginia, to unite, connect, and con-
solidate with other companies and to borruw money.
Approved February 15, 1882.
Whereas the East River railroad company, of West Vir-
ginia, is authorized to construct its railroad from a point on
the East river, on the Virginia state line near the mouth of
East river in the county of Mercer, and state of West Vir-
ginia, thence following the East river to the point on the Vir-
ginia state line, where the East river crosses the Tazewell
county line, in this state, or near the head of East river; and
whereas in the construction and operation of the said road,
it is necessary to cross the state line of Virginia, and extend
the road into this state; therefore,
1. Be it enacted by the general assembly of Virginia, That
the East River railroad company, of West Virginia, and its
successors, shall have the power and authority to cross the
state line into and out of the state of Virginia, as often as
may be necessary, and to extend, locate, construct, and ope-
rate its railroad in this state by any route or routes it may
adopt, from either end or both ends of the line in West Vir-
ginia to such point or points in the counties of Giles, Taze-
well, Buchanan, and Dickinson as the said company may
select; and for the purposes of this act the said company
may contract for, purchase, and condemn land, and may
acquire and hold real and personal property, and have, pos-
sess, and exercise such powers and privileges not incon-
sistent with the laws of this state, as may be required to con-
struct and operate such part or parts of its railroad in this
state: provided, however, that as to the part or parts of its
road in this state, the East River satinoasl company shall be
subject to all the obligations and duties, and entitled to all
the powers and privileges imposed and granted by provisions
of the Code of Virginia applicable to railroad companies,
except so far as the same may be inconsistent with the pro-
visions of this act.
§2. The said East River railroad company shall have the
power to consolidate by change of name or otherwise, with
the Norfolk and Western railroad company, the New River
railroad company, of Virginia, and with the New River
railroad company, of West Virginia, and for this purpose
power is hereby granted to it, and to said other railroad
companies, to make and carry out such contracts of consoli-
dation; but it shall not consolidate with any parallel or com-
peting line without the consent of the general assembly:
provided that in all consolidations a copy of the agreement
shall be filed in the office of the board of public works.
3. That the East River railroad company may, from time
to time, secure its bonds and other indebtedness by deed or
deeds of trust or mortgage, conveying its property, privi-
leges, and franchises, and any railroad company or companies
of this state, other than parallel or competing lines, ma
subscribe and acquire by purchase or otherwise its stoc
and bonds: provided said company shall begin work within
two years and shall complete the main line within five years
from the passage of this act, and that this act shall be at any
time subject to amendment, or repeal, by the general assem-
bly of this state: and provided that said East River railroad
company, and any company or companies into and. with
which the same may hereafter consolidate, shall be, and
shall forever remain, subject to the general laws of Virginia,
and to the jurisdiction of the courts of Virginia, and shall
have the right to sue, and shall forever be liable to be sued,
in the courts of this state, and for this purpose, process may
be served on any officer or agent of said company, and its
successors, in any county or corporation of this state, wherein
such cause of action against such company may arise.
4. This act shall be in force from its passage.
Chap. 186.—An ACT to define the true boundary line between Mary-
land and Virginia; to designate the headlands upon the Potomac
river, and to prohibit unlawful oystering and dredging in the Poto-
mac river and Roanoke sound.
Approved March 1, 1882.
Whereas by joint resolution of the general assembly of
the state of Virginia, passed day of , eighteen hun-
dred and eighty-two, a committee was appointed, consisting
of William Mayo and H. A. Atkinson, Jr., on the part of the
senate, and EK. 8S. Phillips, Charles E. Stuart, and N. H.
Champlin, on tho part of the house of delegates, to confer
with a similar committee to be appointed by the general
assembly of Maryland, in reference to fixing the headlands
mentioned in the award of the arbitrators appointed on the
part of Virginia and Maryland to fix the boundary line
etween the said states, upon the Potomac river, and across
Pocgmoke sound; and also to confer upon concurrent legis-
lation between the two states for the better protection of
oysters in the Potomac river and Pocomoke sound, and such
other cognate subjects as in their judgment might be within
the general scope of the matters aforesaid.
Whereas the gencral assembly of Maryland, by joint reso-
lution, appointed John T. Bond, F. M. Lancaster, and Jobn
H. Cooper, on the part of the Senate, and John H. Handy,
Sydney E. Mudd, and I. T. Coston, on the part of the house
of delegates, to confer with said committees of the general
assembly of Virginia; and the said committees for the two
states aforesaid .met at the city of Richmond, state of Vir-
ginia, upon the fourteenth day of February, eighteen hun-
dred and eighty-two, and after having organized, proceeded
to the consideration of the several matters to them committed
by the said several joint resolutions, and did consider and
agree—
First. That the following headlands on the Potomac river
should be the points between which straight lines should be
drawn as and for the true boundary lines between the states
of Virginia and Maryland, under the award of J. S. Black
and Charles J. Jenkins, arbitrators appcinted by the said
stateS, to fix the said boundary lines, to-wit: Commencing at
Smith’s point, drawing thence a straight line to Cupit's
island, thence westerly to Judith’s point (a point on Judith’s
sound), thence westerly to Sandy point, thence to Ragged
point, thence to Church’s point, thence to White print, thence
tothe Upper Machodoc point, and from Upper Machodoc to
Persimmon point, thence to Mathias point, thence to Matom-
kin point, thence to the land on the south shore abreast of
Maryland point, to a point on the Potomac creek opposite
Marlboro’ point, thence to Brent’s point, thence to Clifton
point, thence to Cockpit point, thence to Freestone. point,
thence to High point, thence to Hallowing point, thence to
Whitestone point, thence to Perry point, thence to Sheri-
dan point, thence along the south shore to Alexandria, thence
to Hunter's point, thence to Gravelly point, following the
south shore and the meandcrings of the river to the line of
West Virginia and Virginia.
Second. That oyster dredging should be prohibited in the
Potomac river west, from a line drawn from Point Lookout
in Maryland, to tho headland of Smith’s point, in Virginia.
Third. That oyster dredging should be prohibited in Poco-
moke sound.
Fourth. That common rights of fishing and oystering
shall be enjoyed by the citizens of both states in tbat part
of Pocomoke sound north and east of a straight line, com-
mencing at Watkins’ point, and running thence in a south-
easterly direction to buoy R, number four, as it is now
located upon coast chart number thirty-three, of the United
States coast survey (sheet number three, Chesapeake bay),
fled as a part of said award of said Black and Jenkins,
making off from a shoal from Messongo creck; thenco with
a straight line, to the northern boundary of said creek. No
rights in any creek or inlet granted hereby by either stato,
and the riparian rights upon the shores of said sound to be
respectively protected in same manner as is provided for in
the Potomac river by the compact of seventcen hundred and
eighty-five. This line to be no longer binding if dredging is
authorized by cither state.
Fifth. That there shall be concurrent jurisdiction between
the states of Maryland and Virginia, by which the violators
of the oyster laws may bo punished in cither state. That a
concurrent law be passed restricting the taking of oysters
for any lawful purpose in the Potomac river, and that part
of Pocomoke sound covered by the concurrent act from the
first of October to the first of May; and that they be taken
for planting or bedding, and may be planted or bedded in the
waters of cither state up to and including May fifteenth, and
during all of September; and strictly prohibiting their being
taken for sale, or planting from May fifteenth to September
first: provided, however, that they may be taken to be eaten
within the county where taken at any time.
And whereas the said committees have recommended that
the following act be passed, to ratify and carry out the said
agreement, entered into by them with each other, subject to
the action of their respective legislatures, as is witnessed _by
their signatures subscribed to this preamble, as follows:
WILLIAM MAYO,
H. A. ATKINSON, Junior,
On part of senate of Virginia.
EK. 8. PHILLIPS,
N. H. CHAMPLIN,
CHARLES E. STUART,
On part of house of delegates of Virginia.
JOHN THOMAS BOND,
F. M. LANCASTER,
JOHN H. COOPER,
On part of senate of Maryland.
JOHN H. HANDY,
ISAAC T. COSTEN,
SYDNEY E. MUDD,
On part of house of delegates of Maryland.
Now, therefore,
1. Be it enacted by the general assembly of Virginia, That
the boundary lines between the state of Virginia and Mary-
land, upon the Potomac river, as found by the award of Jer-
emiah 8. Black and Charles J. Jenkins, arbitrators aforesaid,
shall and the same are hereby declared to be as follows:
Commencing at Smith’s point, drawing thence a straight line
to Cupid’s island; thence westerly, to Judith’s point, a point
on Judith’s sound; thence westerly, to Sandy point; thence
to Ragged point; thence to Church’s point; thence to
the Upper Machodoc point, and from Upper Machadoc to
Persimmon point; thence to Mathias point; thence to Ma-
tompkin point; thence to the land on the south shore abreast
of Maryland point, to a point on the Potomac creek opposite
Marlboro point; thence to Brent’s point; thence to Clifton’s
point; thence to Cockpit point; thence to Freestone point;
thence to High point; thence to Hollowing point; thence to
Whitestone point; thence to Perry point; thence to Sher-
idan point; thence along the south shore, to Alexandria;
thence to Hunter’s point; thence to Gravelly point, follow-
ing the south shore and the meanderings of the river, to the
line of West Virginia and Virginia.
2. And be it enacted, That it shall be unlawful for any
person or persons, or body corporate, to dredge for oysters in
the waters of the Potomac river above a straight line com-
mencing at Point Lookout, in Maryland, and running thence
across said river to the headlands on Smith’s point, in Vir-
ginia, mentioned in the first section of this act.
3. And bo it enacted, That it shall be unlawful for any
person or persons, or body corporate, to dredge for oysters in
any of the waters of the Pocomoke sound.
4, And be it enacted, That in consideration of the mutual
concession of rights made by tho states of Virginia and
Maryland, hereinafter in this section provided, that the citi-
zens of each of said states shall have equal and common
tights of catching and taking fish and oysters in all the
waters of the Pocomoke sound lying north and east of a
straight line commencing at Watkins’ point, in Maryland,
and running thence in a southeasterly direction to buoy R,
number four, as it is now located upon the coast chart, num-
ber thirty-three, of the United States coast survey, sheet
number three, Chesapeake bay, filed with said award of
said Black and Jenkins, making off from a shoal from Mes-
songo creek, and a straight line commencing at the end of
the aforesaid line, and running by the shortest straight line
thence to the northern boundary line of said creek: pro-
vided, nevertheless, that neither of the said states, nor the
citizens thereof, shall have, or be deemed to havo acquired,
by reason of anything in this act contained, any rights in
any creek or inlet making into or bounding on said sound:
and provided further, that the riparian rights of the said
states, respectively, and the citizens thereof, shall be the
same, with the same limitations and restrictions as exist
by virtue of the compact between the said states, made in
the year seventeen hundred and eighty-five, to which refer-
ence is hereby made for the same: and provided further, that
if either of said states shall fail to prohibit, or having pro-
hibited dredging in any part of Pocomoke sound, shall repeal
the same, then, and in that case, this section shall be no
longer binding on the other.
5. And be it enacted, That both of the said states of Vir-
ginia and Maryland, shall have concurrent jurisdiction over
all offences against this act, committed upon the waters
described in the fourth section of this act, as well as in the
Potomac river, and that tho officers of either state who may
be empowered by the laws of said states, respectively, to
enforce this act, shall arrest any person or persons, charged
with tho violation of any of the provisions thercof; the said
person or persons, so arrested shall be taken by the officer
making sucb arrest, and delivered for trial to the proper
authorities of the state of which they may be citizens; and
if any of the said persons so arrested be not citizens of eithor
of said states, then such persons shall be taken and delivered
for trial to the proper authorities of the state whose officer
makes such arrest, unless there be at the same time citizens
of either of the said states arrested as participants in said
offence; in which case said non-resident offenders shall be
delivered for trial to the proper authorities of that state
whose citizens are at the same time arrested as participants
in the same offence.
6. And bo it enacted, That it shall be lawful to collect or
take oysters for any lawful purpose in the Potomac river,
and that part of Pocomoke sound covered by the fourth sec-
tion of this act, from the first day of October to tho first day
of May; and that it shall be lawful to take oysters in said
waters for the purpose of planting or bedding only; and
that they may be planted and bedded in the waters of either
of the suid states up to and including the fifteenth day of May,
and during all the month of September; and that the callect-
ing and taking of oysters, whether bedded or not, in any of,said
waters, for any purpose whatever, shall be unlawful from the
fifteenth day of May, to the first day of September: provided
that nothing in this act shall be construed to prohibit the col-
lecting or taking of oysters in any of said waters, at any
time to be eaten within or opposite to the county wherein
taken.
7. And be it enacted, That if any person or persons, or
body corporate, shall take or catch oysters with dredges, or
instruments other than oyster tongs, within the waters
described in this act, upon conviction, he, they, or (if a cor-
poration) it, and its agents and servants, shall be punished
according to the provisions of law in that case, made and
provided for by the state or commonwealth where said con-
viction may be had: provided that in no case shall the pun-
ishment be Jess than one nor more than three years imprison-
ment, in such place as may be by the law of said state or
commonwealth provided, and forfeiture of the vessel, boat, or
craft, its tackle, furniture, and apparcl, to be disposed of as
may be provided by the laws of said state or commonwealth.
8. And be it enacted, That if any person, or persons, or
body corporate, shall violate the laws of the said states,
respectively, with regard to catching or taking oysters with
tongs in the waters described in this act, he, they, and (if a
corporate body) it, and its agents and servants, shall, upon
conviction, be punished according to the laws of the state or
commonwealth where such conviction is had.
9. And be it enacted, That all acts and parts of acts in-
consistent with the provisions hereof, are hereby repealed.
10. And be it enacted, That this act shall go into effect
from a date a similar act may be passed by the general
assembly of Maryland and become a law of said state.