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 | 1883/1884 |
---|---|
Law Number | 405 |
Subjects |
Law Body
Chap. 405.—An ACT to regulate the taking of oysters in the Potomac
river.
Approved March 153, 1884.
§ 1. Be it enacted by the general assembly of Virginia,
that it shall not be lawful for any person to take or catch
oysters in any manner whatever, in the waters of the Poto-
mac river, unless he be a citizen of Maryland or Virginia, and
shall have been a resident of the state of which he is a citizen
for twelve months immediately preceding. Any one violating
this section shall be subject to a fine of tive hundred dollars.
Any vessel in which oysters are taken contrary to this sec-
tion, shall be forfeited and sold, one-half of the proceeds to go
to the state, when convicted, ‘and the other half to the in-
former.
§ 2. And be it enacted, That it shall not be lawful for any
citizen of Maryland or Virginia to take or catch oysters with
@ scoop. scrape, dredge or any such instrument, in the waters
of the Potomac, between the first day of April and the first
day of November of cach year; it shall not be lawful for any
citizen of either state to take oysters with tongs from the
waters of the Potomac river between April fifteenth and
September first of each year; it shall not be lawful for any
person to have in possession any oysters in the waters of the
Potomac between the fifteenth day of April and the first day
of September of each year; every person found guilty of vio-
lating any of the provisions of this section shall be fined not
less than two hundred and fitty dollars nor more than five
hundred dollars for cach offence, and the vessel by which oys-
ters are illegally taken, or which receives oysters so illegally
taken, or which has oysters on board, within the limits of
said river, within the time specified, shall be held as security
for the payment of the fine hereinbetore mentioned, and be
subject also toa fine of not less than fifty dollars nor more
than one hundred and fifty dollars; and in the event of such
fines not being paid within a period of twenty days, then
such vessel to be forfeited and sold, the surplus, after pay-
ment of fines and costs, to be paid to the owner or owners of
the boat, one-half of fines to go to the informer, the other half
to the state.
§ 3. And be it enacted, That it shall be lawful for citizens
ot the states of Maryland and Virginia to take oysters in the
Potomac after complying with the requirements of the law
of the state of which he is a citizen for the taking of oysters
from the waters of such state; and any citizen of either state
who takes oysters in the Potomac without having complied
with the requirements of the law of his state, as to the
taking of oysters in its own waters, shall be considered guilty
of violating the laws of the state of which he is a citizen, and
shall be prosecuted according to such laws.
§ 4. And be it enacted, That all offences committed against
the provisions of this act by persons not citizens and residents
as aforesaid, of either state, may be punished by any of the
Magistrates or courts of either state having criminal jurisdic-
tion ; all offences committed by citizens of cither state shall
be punished by any of the magistrates or courts of the state
of which he is a citizen having criminal jurisdiction: the au-
thorities of either state shall have the right to examine into
the right of any person taking oysters in the Potomac; and
all persons taking oysters in the Potomac shall exbibit bis or
their authority for so doing, whenever required by the police
or other legal authority of either state; the legal authorities
of cither state shall have the right to arrest any offender
against this law in the Potomac, and to pursue such offender
beyond the boundary line of either state upon navigable
Waters, and arrest such offender whenever found upon such
watern.
€5. And be it enacted, That the penalties imposed by this
act shall be recovered before any justice of the peace of either
state, in any county of either state, with the right of appeal
of the state, or the defendant to appeal to the circuit court of
the county in which such cause bas been tried, or to the
criminal court of Baltimore city, if tried in Baltimore city,
or to the Hustings court of the city, if tried in a city of Vir-
ginia; the partics and vessels charged may be arrested with-
out warrant, and carried before any justice of the peace; the
justice sball cause a guard to be put upon the vessel, and the
parties charged to be confined in jail, or bailed ; upon convic-
tion the person tried shall be committed to jail until the fine
is paid, and the vessel shall be sold at public auction by the
sheriff of the county or city, for cash, atter ten days’ notice ;
in case of appeal, the appcllant shall remain in custody, and
the vessel shall be sold as above provided, unless recognizance
be entered into for double the amount of the fine, and double
the value of the vessel, conditioned for the performance of the
final judgment of the court. Upon such recognizance being
given, the party convicted, and the vessel, shall be discharged.
§ 6. And he it enacted, That this act shall go into effect
on the day of its passage, and shall continue in operation un-
til repealed or altered by either the states of Maryland or
Virginia.
§7. And be it enacted, That nothing in this act shall be
construed in any way to impair, alter or abridge any rights
which either state, or the citizens thereof, may be entitled to,
either by, through or under, or against the compact entered
into between the states of Maryland and Virginia, on the
twenty-eighth day of March, seventeen hundred and eighty-
five, or any existing laws of either of the said states.