Chap. 254.—An ACT for the preservation of Ovsters, and to obtain
revenue for the privilege of tuking them within the waters of the
commonwealth.

Approved March 4, 1884.

1. Beit enacted by the general assembly of Virginia, That
all the beds of the baws, rivers, and crecks, 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, tor the purposes of fishing and fowling, and of
taking and catching oysters and other shell fish, subject to
the reservations and restrictions hereinafter imposed.

2. No grant shall hereatter 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 hare or not.

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 lawtul occupant shall
have the exclusive right to use said creek, cove or inlet for
sOWINg or planting oysters and other shell fish, notwithstand-
ing the reservation hereinbefore made. The owners or occu-
pants of lands on both sides of any creek, cove or inlet suita-
ble 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 tor sowing or
planting oysters therein; but this right shall not be con-
strued 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 inspector an
annual rent of one dollar: provided however, that tor all
oysters planted or sown for sale therein, the said owner or
occupant shall pay to said inspector. annually, when the same
shall be sold. on each hundred dollars value thereof. an amount
equal to the tax imposed by law in this state for that year on
rach one hundred dollars value of land.

4. The rights of the owners or occupants of land on any
of the other shores, b: ays, rivers or crecks within the juris-
diction aforesaid. shall extend to ordinary low water mark;
but it is not intended thereby to deprive them of the privilege
extended to others by the first section of this act.

5. It shall be the duty of the commissioner of the revenue,
when he assesses the other property of bis district, to require
all persons depositing or planting oysters or shells, to state
upon oath the cash value of all such oysters or shells de-
posited or planted during the preceding year, ending on the
first day of February, or remaining in their possession from
the planting of former years, which amount shall be entered
by the commissioner of the revenue in his books in a separate
column, and the person 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 collected by the treasurer or collector of
the county, district or corporation, as other taxes are collec-
ted. Thetreasurer of such county or corporation shall report
to the auditor of public accounts the amount so collected.
Any person fhiling to comply with the provisions of this sec-
tion, shall be fined 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
thereon suitable for planting oysters, shall he desirous of
obtaining a location thereon tor planting them, he may make
application to any inspector for the county in which he re-
sides, who shall assign to him, on such location as such owner
or occupant may designate, in front of his land, a quantity
sufficient for the said purpose, to be judged of by said inspec-
tor, 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: pro-
vided that the said assignment shall not exceed one-tourth of
said water front, which shall be laid off ina body: and pro-
vided further, that the privilege thus accorded to the riparian
owner and other persons hereinafter mentioned, who shall
have assignments made to them for planting and propagating
oysters, may. at any time, be revoked at the pleasure of the
gener al assembly, said revocation to take effect. eighteen
months from the date of revocation. 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
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 however, that if said owner or
occupant shal] sell any oysters from said reserv ation, he
shall pay a tax upon every one hundred dollars’ worth so
suld by hit, equal to the tax imposed on other property of
same value. The inspector making the assignment of reser-
vation shall be paid hy 7 such owner or occupant a fee of one
dollar and twenty-five” cents per annum rent for every acre
assigned to him as riparian owner aforesaid. If any portion
of said water front herein reserved or provided for said
riparian owners or occupiers of land, shall be occupied by
others, with oysters actually planted thereon at the time a
location is made of said reservation, the person so occupying
the same shall have eightcen months to remove the said

oysters so planted thereon. The balance of said water front
or fronts in excess of what is herein reserved for the riparian
owner, and the residue of the beds of the bays, rivers, und
creeks, other than natural oyster beds or rocks, may be occu-
pied by any person or persons for the purpose of planting
oysters or the artificial propagation of oysters thereon, for
which the sum of twenty-five cents per acre annually shall
be paid as a tax for every acre so occupied. It shall be the
duty of such person desiring to obtain a location for planting
or propagating oysters on any portion of water fronts and
beds aforesaid, not located or reserved as hereinbefore pro-
vided for owners and occupiers of land as aforesaid, to apply
to an inspector to have his location ascertained and desig-

nated, and the same shall be marked witb suitable stakes, or
by other metes and bounds agreed upon between the appli-
cant and inspector; and he shall pay the inspector for his
services the fee of one dollar, and thereafter he shall have
the exclusive right to the use of such location so designated
for the purpose aforesaid so long as he complies with the
provisions of the law requiring the payment of twenty-five
cents per annum for every acre so occupied; subject, how-
ever, to the right of revocation by the general assembly. It
18 provided, however, that the provision of the foregoing
section, imposing a tax of twenty-five cents per acre, shall
not apply to crecks and inlets, that are not more than one
hundred yards wide at their mouth : provided further, if any
portion of said water fronts, or beds of bays, rivers and crecks
is occupied by others with oysters actually planted thereon
at the time a location is made or sought to be made under
this section, the occupier thereof shall have the prior right
against all others, but riparian owners, who are seeking to
have their reservations assigned, to have the said land so
occupied by him assigned to him by the inspector: provided
said occupier shall have the land so occupied by him ascer-
tained and designated within thirty days from the time that
the inspector is called on to locate said land.

7. 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 otherwise, for sale, shall apply to
one of the inspectors for the county in which he resides, for
registration. He shall furnish the inspector, on oath, with
his name, place of residence, district or county, the water
courses in which he designs to oyster, the kind of boat, vessel,
or craft to be used or employed by him. Theyeupon the
inspector shall register him, and prescribe for Vis boat a
number corresponding with the number of applicants regis-
tered, which nuinber he shall cause to be plainly marked or
stamped upon the prow of his boat, vessel or craft, for which
he shall pay to the inspector a fee of fifty cents for each
vessel revistered.

8. The i inspector shall require every tongman to state to
to him, moreover, on oath, the probable amount of oysters
taken and to be sold by. bim per day, and the probable
amount of his sales for the succeeding three months, com-
puting the time from the first day of September, annually,
and in conformity to such estimate shall pay to such inspec-
tor 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 one hundred dollars value of land, the
raid amount to be considered as an advance of the tax to be
levied, until the actual sales sball be ascertained. On the
first day of December, or so soon thereafter as practicable,
tLe said tongman shall make, or cause to be made to said in-
spector, 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, correcting any
error that may have occurred between the said 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 appcar against him. The like
estimate and the like advance shall be made by said appli-
eant, and the like corrected settlement shall be made by the
mspector at the recurrence of the next three months. But
ff any tongman shall prefer to pay the sum of fifty cents at
che beginning of each quarter, or three months of the time
he proposes to take or catch oysters, and will pay to the in-
spector the said sum of fifty cents for each three months that
he may desire tu take or catch oysters, in lieu of complying
with the foregoing requirements of this section, he is hereby
authorized to pay the said sum of fifty cents, and the i inspee-
tor shall give him a receipt therefor, in which receipt the in-
spector shall state that the said sum is in discharge of his
obligation under this section for the three months for which
he pa s said sum of fifty cents.
if any tongman, after registration, shall permit any
other person not revistered, to take or catch oysters in his
said vessel, or oyster craft, besides himsclf and cullers, he
shall 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 him-
self, and the actual sales therefor ; and it shall be the duty
of the inspector to assess upon such amount the tax herein
imposed upon the like value. If he shall hire his vessel or
craft to any registered 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.

10. If any tongman who shall eatch and sell oysters shall
fail to apply for ‘registration, or to comply with the requisi-
tion herein made, or shall fail to pay the tax herein imposed,
he shall be fined for each offence not less than five nor more
than twenty-five dollars.

11. If any citizen of this state shall be concerned or inter-
ested with any person not resident within the state, in taking,
catching or planting oysters within this state, or shall know-
ingly permit any person not resident within the state to
take, catch or plant oysters in his name, he shall forfeit five
hundred dollars, and the vessel or craft so employed in catch-
ing or planting oysters shall be forfeited and sold, one-fourth
of the proceeds of the sale thereof to go to the informer, one-
fourth to the inspector, and one-half to the commonwealth,
to the credit of the oyster fund.

12. If any person, other than a resident of this state, shak
take or catch oysters or other shell-fish in any manner, cr
plant oysters in the waters thereof, be shall forfeit five hua-
dred dollars, and the vessel, tackle and appurtenances; aad
any non-resident shall be deemed to have violated this sec-
tion who shall allow oysters purchased by him tor sale aad
laid out as purchased, until he bas purchased his cargo to re-
main so laid down more than sixty days.

13. Hereafter it shall not be lawtul for any person to take
or catch oysters in the waters of this commonwealth wit)
tongs, or in any other way, from the fifteenth day of May to
the first day of September, nor shall it be lawful for any pe:-
son to buy, sell or catch oysters in the waters of the com.
monwealth during the first fitteen days in September and the
first fifteen days of May, for any other purpose than for plant
ing within the waters of this commonwealth or for the use 0°
said oystermen in his own family, or for sale to any citizer.
or citizens for consumption in his own family: provided,
however, that nothing in this section relating to the re-
stricted trade in oysters during the first fifteen days in Sep-
tember and the first fifteen day 3 in May, shall apply to resi-
dents of the state who are actually engaged in the catching
and planting of oysters on the eastern side of the counties of
Accomac and Northampton, Any person offending against
the provisions of this section shall forfeit and pay for each
offence not less than ten or more than fifty dollars; nor sball
it be lawful for any person, at any time, to catch or take oys-
ters on Sunday in any manner, or from one hour after sunset
of any day to one hour before sunrise of the succeeding day.

14. No person shall be permitted to take or catch oysters
from any of the waters within the jurisdiction of this com-
monwealth 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.

15. It shall not be lawful at any time for any person to
buy or sell oysters in the shell by any other than stave
measure, 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-balf inches diayonal. from inside chime to top. All stave
measures must be sealed by some inspector of the county
where the sume are used, and in the measurement of oysters
the tubs must be filled with a slight rise above the top.

16. 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 section, shall furfeit and pay for each offence
not less than ten nor more than fifty dollars. For cach stave
measure so sealed, as provided for in preceding section, the
inspector sealing the same shall be paid twenty-five cents by
the owner thereof; and for failing to comply with the re-
quirements for inspecting and sealing, the inspector shall
forfeit and pay for each offence twenty dollars. If an in-
spector shall have reason to believe that other measures are
used on board any vessel or craft than such as are prescribed
in this act, it shall be his duty to seize the same and cause
them to be destroyed, and the party so offending shall be
fined five dollars on cach tub, one-half to go to the inspector.

17. It shall be the duty of the judge, commonwealth’s at-
torney, and the clerk of the county and corporation courts
of all counties of 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 nee exsary
for their respective counties, to hold oflice fur two years, and
to fill any vacancies thereafter occurring in said oftice, and to
assign them to such limits as may be determined by the court,
each of whom shall execute, before the county or corporation
court where they respec tively reside, bond with good and
sufticient security, payablo to the commonwealth, as follows
The bond of each inspector shall be in a penalty not less than
one hundred dollars nor more than five hundred dollars, and
conditioned for the faithful 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 date. At the time of executing
said bond, each inspector shall quality by an oath taithtully
to perform the duties of his office to the best of his ability.
The county or corporation courts may, for good cause shown,
after notice, upon motion by any person, dismiss any inspector
who fails to perform the duties of’ his office.

18. Kach inspector, as compensation tor his services, shall
be allowed a commission of ten per centum upon the amount
collected by him under any of the provisions of this act.

19. Any inspector appointed under this act, unable, from
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 or persons to assist him; such assistant may
discharge any of the duties of such officer, and the principal
and his suroties shall be liable for the faithful performance of
such duties.

20. The inspectors of oysters appointed under this act, are
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 enact ted,
except the tax on planted oysters.

21. To enable eaca inspector of oysters to collect the taxes,
fees, and fines imposed by this act, 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 reve-
nue, in distraining for taxes, as provided by the thirty-
seventh chapter of the Code of Virginia, cighteen hundred
and seventy-three; 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 the provisions of this act;
and in the execution of such attachment, the said inspector
may summon a posse to enforce the same. The inspector
shall have power to issue a warrant to any sheriff or consta-
ble of any county or corporation where he resides, command-
ing him to apprebend any person charged on oath, with a
violation of the provisions of this act, and carry him betore
any justice of the peace for the county or corporation where
the offence was committed, or before a justice in any adjoin-
ing county. Said justice shall, if probable cause be shown
commit the accused for trial at the next term of’ the county
or corporation court of the county or corporation in whieh
the offence was committed, in default of bail, in a sum not less
than two hundred dollars; and the cause shall be beard and
determined as in all other cases for violations of the revenue
laws. Any inspector sball have power to make such arrests
by virtue of bis appointment, without other warrants.

22. Upon the arrest of any persons under any section of
this act, the inspector may seize and hold any vessel, boat or
craft, used or employed by him or them in taking, catching,
or carrying ovsters, and the same shall be liable for any fine
or forteiture imposed by this act: provided that the master
or commander, or the owner or owners of the aforesaid vessel,
boat, or other cratt, may relicve the same from the custody
of the inspector, by giving bond with approved security,
before any justice of the peace, or betore the judge of the
county or corporation court. In term time or vacation, made
payable to the commonwealth, in an amount double the fine
or forfeiture, imposed by law, conditioned to produce the
same in us good order as when received, to answer the judy-
ment of the court having jurisdiction of the offence or other-
wise forfeit the bond. It judgement be rendered avainst the
defendant, it shall be a part of the judgement of the court,
that if the penalty and costs be not forthwith paid, all the
property so seized or so much thereof as may be necessary,
shall be sold as the court may direct, and the proceeds ac-
counted for, as if it were the property ot the detendant, seized
under an execution for the satisfaction of the judgment.
Any constable or inspector making any arrest under this act,
shall be entitled to receive a tee of two dollars for every
arrest so made, which shall be taxable in the costs.

23. For any fines imposed by this act, it is hereby pro-
vided that any party liable to such fine may pay the inspee-
tor by consent of the judge of the county or corporation
court of the county or corporation wherein the offence was
committed, entered 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 im-
posed by law, and be discharged from all legal proceedings
instituted, or which may be instituted avainst him. The
clerk of said court shall forward immediately to the auditor
of public accounts, a transcript of such record, for which ser-
vice, a8 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-tourth to the informer, and the
remaining half to the commonwealth, to the credit of the

oyster fund. For the failure of any officer or person to per-
form any duty herein required, for which no special penalty
is perscribed in this act, such officer or person shall be liable
to pay a fine of not less than fitty nor more than one thou-
sand dollars.

24. 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.

25. 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 persons
violating the provisions of this section, of the penalties im-
posed for such violation, and to require of them to remove all
oysters planted, and all stakes, watch houses or other obstruc-
tions, from the said natural beds, rocks orshoals; and if after
stich notice given, any person offending against the provisions
of this section shall refuse or fail to remove his stakes or other
obstruction, the same shall be removed by the inspector at
the cost of the offender; and moreover, he shall be liable toa
penalty of not less than fifty nor more than one thousand
dollars.

26. Each inspector, or assistant inspector, authorized to
collect any fines, fees and taxes under the provisions of this
act, shall, quarterly, report on oath tothe court of the county
or corporation in which he resides, the amount of fines, fees
and taxes collected by him during the preceding three months,
and the names of the parties from whom the same were col-
lected, with the date of collection. The court shall examine
such report, and if in due form and correct in other respects,
shall certify tothe auditor of public accounts the amount due
from such inspector on account of fines, fees and taxes, and
it shall be the duty of such inspector, within thirty days
thereafter, to pay to the auditor the amount so ascertained
to be due by him. It shall be the duty of the clerk to keep
a book, with an index alphabetically arranged, in which these
repor ts shall be recorded, the said book at all times accessible
for inspection by the public; for which service the clerk re-
cording the same shall receive the fees now allowed by law
for similar service, out of the public treasury. It shall also
be the duty of the inspector to give the party a receipt for
all fines, fees and taxes collected by him, an entry of which
shall be made in a book kept by him for the purpose, which
receipt shall, in addition to the facts usually set forth im 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 any inspector, or assistant, shall fail to comply
with any of the provisions of this section, he shall, after trial
and conviction thereof before any court authorized to try the
sume, be immediately removed trom office by the court of the
county or corporation, and shall forfeit, in proceedings on his
official bond, an amount not exceeding five hundred dollars,
as may be ordered by the judge rendering the judgment.
The report required of an inspector by this ‘section, shall be
in the form prescribed by the auditor, and shall show the
number of bushels of oysters sold and transported to market
from which he has reeeived a tax, and also the number of
boats registered by him.

27. It shall be the duty ot the several clerks of the county
and corporation courts to make return to the auditor of all
fines imposed.

28. Any person who shall take oysters imbedded, or planted
by any person of this state, or any oysters deposited by any
person making up a cargo for market, 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

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, and the same penalties shall be imposed on all per-

sons who are convicted of roughing oysters or catching or
taking, without culling them from the natural beds of James

river and all waters of the commonwealth.

29. And if any person shall take and carry away any shells
planted for the formation of oyster beds, without permission
of the owner, he shall, on conviction, be punished ‘as pre-
scribed in the ‘preceding section for the ‘larceny of oysters.

30. No person shall be considered a resident of this state,
within the meaning of the term used in this act, who is not
a tax-payer in the state, and shall not have resided therein
for twelve months next preceding the time when any offence
with which be bas been charged, may have been committed;
but the provisions of this section shall not apply to any per-
son who shall be the real and bona fide purchaser of land in
the commonwealth and has settled upon the same. And in
all questions arising as to residence under this act, the onus
probandi shall rest on the defendant.

31. When any difficulty may arise in the execution of this
law, it shall be the duty of each inspector to give information
of any violation thereof known to him, or which may be
brought to his notice, to the attorney for the commonwealth
for the county or corporation in which any offence may have
been committed, and shall be guided by his instruction in the
mode of proceeding and the remedy provided. And it shall
be the duty of said attorney to institute the proper proceed-
ings accordingly, and prosecute the same, as provided by this
act, and the revenue laws of this state.

32. The penalties herein prescribed, not otherwise provided
for, if not exceeding one hundred dollars, shall be recoverable
by warrant before any justice of the peace of the county or
corporation 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 excced the sum of one hundred dollars, they
shall be reeoverable by presentment, indictment or informa-
mation in the county or corporation court having jurisdiction
thereof.

33. All owners and masters of canoes, boats or vessels,

revistered 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
preceding sections, and of seizing any canoe, boat or vessel
engaged therein; and all such owners or riasters are hereby
vested with pow ér to summon the posse comitatus to aid in
making such arrest and seizure as fully as are constables and
sheritiy of the several counties of the commonwealth.

34. Upon the arrest of anv person or persons under the said
preceding sections, the canoe, boat or vessel so seized, shall be
liable for any fine or forfeiture imposed by this act: provided
that the master or commander, or the owner or owners, of
the aforesaid canoes, 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 peace, or betore 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 defen-
dant, it shall be a part of the judgment of the court, that if
the penalty and costs be not forthwith paid, all the property
so seized, or so much thereof ax 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 officer or other person making the
arrest’ and seizure, and the residue thereof’ shall be paid to
the commonwealth.

35. 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 court having jurisdic-
tion, shall be fined not less than fitty nor more than five hun-
dred dollars.

36. Hereafter, it shall not be lawtul to take or catch oys-
ters with dredges or instruments, other than ordinary oyster
tones, within the waters of the commonwealth, except as
otherwise provided in this act, and in strict comphance there-
with. Ifany person shall take or catch oysters with dredges
or instruments. other than ordinary oyster tongs, within the
waters of this state, except in strict compliance with the pro-
visions of this aet. he shall be deemed euilty of a felony, and
shall be contined, upon conviction thereof, in the penitentiary.
not Jess than one nor more than three years, or at the discre-
tion of the jury, confined in jail for a period not exceeding
one year, and find not exceeding five hundred dollars. /

37. In all proceedings under this act, the possession of
dredges, scrapes, or any Instruments for catching or taking
oysters other than oyster tongs, shall be considered as prima
facie evidence that the master or commander of said vessel,
and his crew, and other persons on board of said vessel, have
been guilty of dredging.

38. Any vessel or boat which may be found employed by
any person or persons Whatsoever, in violvtion of the pro-
visions of this act, shall be forfeited to the commonwealth.
tovether with the cargo, and upon affidavit by any person
before a justice of the peace, that a vessel or boat employed,
is, Or has been employed since the passage of this act, in
Violating its provisions, he shall forthwith issue bis warrant.
directing the sheritY or some constable of his county, or any
special constable appointed for the purpose, who shall summon
& posse comitatus, if necessary, to capture such vessel or boat.
and to retain the same sately until ordered to sell or release
it. And upon such seizure, it shall be the duty of the com-
monwealth’s attorney of the county wherein such warrant
is issued, forthwith to file a petition in the county court of
his county, in Which it shall only be necessary to state the
fact that such vessel or boat was found employed dredyving
for oysters, or had been employed in dredging for oysters
since the passage of this act, as the case may be, and when
and where such vessel or boat was so found, and praying the
forteiture of such vessel or boat, and thereupon the court
shall order the owner or owners of such vessel or boat, if
known, and residents of the commonwealth, to be summoned
to answer the prayer of said petition at the next term; and
if non-residents, or unknown, the court shall give notice of
the filing of said petition by publication, once a week for
four successive weeks, in some newspaper published in the
commonwealth; and on a hearing of said petition, a jury shall
he empanneled to try the issue whether such vessel or boat
has been used in violation of this act, and if judgment be for
the commonwealth, the court shall direct the sale of such
vessel, boat, or cargo, at public auction, upon reasonable notice
and terms; one- half of the proceeds of such sale, after paying
the cost of the proceedings and expenses of sale, shall be
reported and ‘paid over to the treasurer of the county a
fines due the commonwealth are required by law to be paid,
and shall be, by the said treasurer, paid into the treasury of
the state to the credit of the oyster law, and the other half
shall be paid to the captors of such vessel or boat, unless the
‘aptors belong to the police force hereinafter constituted ;
and should judgment be given for the owners of such vessel
or boat, the same shall be forthwith released to them; and
if it should be deemed best for the interest of parties during
the pendency of proceadings of forfeiture, the court shall have
authority to order a sale of such property, or any part thereof,
in such a manner and subject to such restrictions as it shall
deem just and reasonable. And in case of a sale before a
judgement or forfeiture, the procecds of sale shall be safely
kept by the court until after final judgement, when said pro-
ceeds shail be disposed of as hereinbefore provided.

39. 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, shall first obtain
from an inspector a license to purchase oysters from any per-
son 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 ‘argo, estimating bis
vessel or other craft to carry twenty-five bushels for every
one hundred cubic feet capacity of the same, each ton of cus-
tom measurement, as per enrollment of said vessel, being esti-
mated to contain one hundred eubie feet. 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 obtain 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 engage in the carrying trade for one year by pay-
ing in advance the sum of one dollar for every one hundred
cubic feet capacity of’ said vessel, to be ascertained as hercin-
before provided in this section, which license shall entitle him
to purchase and carry oy sters to market as aforesaid for one
year from the date thereof. Blank forms of licenses under
this section shall be prepared and furnished by the auditor of
public accounts to each inspector, and the licenses, when
issued to any person designated herein, shall be subject to in-
spection by any inspector or other person authorized under
this act to see that the requirements and provisions of this
act shall be complied with. Any person violating the pro-
visions of this section shall pay a fine of not less than fifty
nor more than one hundred dollars. It shall be the duty of
the inspectors in carrying out the provisions of this section,
either in person or by deputy or assistant inspector, to report
at the earliest practicable time after the arrival of such vessel,
and provide the atoresaid license. The tax herein imposed
shall not apply to oysters bought by vessel owners or cup-
tains from the Potomac river and brought therefrom to be
sold in Virginia. . |

4). Every master or commander of any boat or vessel im-
pelled in whole or in part by steam. shall pay to said inspee-
tor or one of his deputies, three cents per barrel or bag,
on all ovsters which shall be carried on said boat or vessel,

Said inspector may require the master, commander, mate, or
other persons receiving freight on such boat or vessel, to make
affidavit, under oath, before any justice of the peace, or in-
spector or deputy inspector, w ho are hereby empowered to
take the same as to the number of bushels or barrels so taken
and carried on said boat or vessel; but said oath shall not be
conclusive, but otber evidence may be taken as to the number
of barrels or bushels carried on said vessel. It shall not. be
required of a steamer running on any established line, to ren-
der an account of oysters carried hy it oftener than once in
every month. Any master or commander of any such boat
or vessel who shall fail to comply with the provisions of this
section. shall pay a fine of not less than fifty nor more than
two thousand dollars.

41. The governor, first auditor, and treasurer, are hereby
constituted a board, to be known as the board on the Chesga-
peake and its tributaries, two of whom shall constitute a
quorum to transact business. They shall be convened when
ordered by the governor, or upon the call of two members of
said bord in the city of Richmond.

42. It shall be the duty of such board, as soon after the
passage or this act as practicable, to cause to be built or to
buy, or charter, not more than one steamer and three sail
vessels of the kind and draft, and with such equipments and
armament as may be needed to be used in the execution ot
the provisions of this act. The said board shall appoint the
captains of said steamer and vessels, who shall be experienced
seamen, acquainted with the waters of the Chesapeake and
its tributaries, one of whom shall be designated as captain-in-
chief. Each captain shall employ the necessary crew to man
his steamer or vessel, as the case may be, subject, however,
to the approval of said board. The pay of such captains and
crews shall be fixed by said board. The captains shall co-
operate in carrying out the provisions of this act, subject to
the orders of the captain-in-chief, allof whom shall be subject
to the command of the governor of Virginia, as commander-
in-chief of the land and naval forces of the state.
43. The board shall have authority to supply ammunition,
provisions and fuel as may be necessary for the nse of the
vessels and their crews, cither by direct purchase or by letting
the same, when practic: able, to the lowest bidder, after due
advertisement. The said board shall also have authority to
dismiss captains or other employees on said vessels, and ap-
point others in their stead, and shall cause such ordinary re-
pairs to be made to the vessels, machinery and furniture as
may be necessary to keep them in serviceable condition, and
shall, at all times, see that the said vessels, in their appoint-
ments, are kept clean and otherwise in good serviceable con-
dition.

44. The board shall have authority to adopt rules and

regulations for the police of the waters of the commonwealth

by said vessels and their commanders, and any violation of
such rules and regulations shall be deemed sufficient cause for
the removal of any captain or other employee upon such
vessel; and the board shall forthwith, in such case, make the
removal and employ some other person or persons in their
place.

45, It shall be the duty of the captains, or other person or
persons in command of said vessels, to see that the require-
ments and provisions of this act in regard to the payment of
all moneys or fees required to be paid by any person, and
that all prohibitions against the taking of oysters in certain
seasons, modes and waters shall be complied with, and to this
end the said captains shall continually cruise in the waters of
the state to which this act relates, and lend their aid and
assistance to all inspectors, officers and private citizens in the
discovery, seizure and arrest of all persons violating the same;
and it shall be lawful in making such arrests, when the per-
sous Violating attempt to escape or resist the arrest, to use
such force at their command as may be necessary to accom-
plish the arrest.

46. Out of anv money paid into the treasury from the sale
of any vessel forfeited to the commonwealth, under the pro-
visions of this act, which was seized and arrested, in whole
or in part, by the captains and crews of the police vessels
aforesaid, the board shall have authority to allow to such
captains and their crews, such sums as they may think
proper, not exceeding one-fourth of the amount so paid in,
which shall be exclusive of the regular pay of said captains
and their crews. And the governor is hereby authorized
to draw his warrant upon the treasury for the sum so allowed
by the hoard.

47. The sum of thirty thousand dollars, or so much thereof
as may be necessary, shall be and is hereby appropriated to
the rurchase or charter of the aforementioned fleet, or con-
tracting for the service of the same, and in carrying out the
provisions of this act, and if any additional sums should be
required, the same, not exceeding however, the sum of forty-
five thousand dollars, shall be paid out of the public treasury
from the fund to be paid into the treasury, under the pro-
visions of this act, and not otherwise.

48. The said board shall, on and after the first ot January,
eighteen hundred and eighty-five, provided the police force
established in this bill is fully equipped and in operation, or
if in the judgment of the board, said police force is sufficient
to protect the grounds in which dredging is prohibited,
authorize any resident of the said state to take and catch
oysters with dredgcs or instruments, other than ordinary
oyster tongs, in the Chesapeake bay, but this privilege shall
not extend to Tangier and Pocomoke sounds, Hampton roads
or Mobjack bay, nor west of a line drawn from the light-
house on Rappahannock spit, to the lighthouse on Windmill
point, and thence west of a line running southeast to the
shoals off the eastern entrance of Milford haven, nor to any
inlet, river, or creek, nor the mouths thereof, except the river
Potomac: provided that no dredging shall be permitted be-
tween the first day of April and the fifteenth day of October,
of any year. Any resident desiring to dredge for oysters,-shall
make application for such privilege to the inspector of the dis-
trict and county in which he resides, which application shall
be sworn to, and shall plainly state the name of his vessel, the
owner or owners thereof, the commander or person in charge,
and the tonnage at which she is rated. Such statement shall
further show the district or county in which the owner or
owners reside, that they are and have been residents of the
state twelve months next preceeding the 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 to a non-resident.
Upon being satisfied of these facts, the inspector shall regis-
ter such vessel, and shall thereupon issue to such person a
license, granting him the privilege of dredging for oysters
within the prescribed limits and seasons, which shall be
plainly set forth in the license, and the inspector shall also
furnish him two numbers, twenty-two inches long, in black,
painted on canvass 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 mainsail. For such registration he shall pay to the
inspector a fee of one dollar: provided no boat propelled in
whole or in part by steam shall be used for purposes of
dredging for oysters in the waters of this commonwealth.
The form of the application and license required by this
section shall be prescribed by the auditor of public accounts
and blanks furnished to each inspector.

49, HKvery owner, master, or commander of any vessel or
craft, who is a resident of this state, desiring the privilege
of taking oysters with dredge, scraper, or other instrument
than ordinary oyster tongs, shall pay three dollars for every
hundred cubic fect 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 shall authorize said owner,
master or commander to take oysters for one year from the
date thereof, with other instruments than ordinary oyster
tongs, subject to the restrictions imposed by law, and to carry
said oysters to the markets of this or any other state; but
no license shall be issued until such sum be actually paid.

50. If such resident applicant desires only to dredve or
scrape fora 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 cratt to carry twenty-
five bushels for every one hundred fect, cubic measure.

51. If any vessel or other craft shall be found dredging or
scraping for oysters at any place not herein specitied, or
without 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 its appurtenances.

52. This act shall be in torce from its passayre, and all acts
and parts of acts inconsistent with this act are hereby re-

pealed.