Chap. 115.—An ACT to amend and re-enact sections 13 and 48 of an
act entitled an act for the preservation of oysters, and to obtain a
revenue for the privilege taking them from the waters of the com-
mon wealth.

Approved November 26, 1884.

1. Beit enacted by the general assembly of Virginia, That
sections thirteen and forty-eight of an act entitled an act for
the preservation of oysters, and to obtain a revenue for the
privilege of taking them within the waters of the common-
wealth, be amended and re-enacted so as to read as follows:

§13. Hereafter it shall not be lawful for any person to take
or catch oysters in the waters of this commonwealth with
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
person to buy, sell or catch oysters in the waters of the com-
monwealth during the first fifteen days in September and the
first fifteen days of May, for any other purpose than for
planting within the waters of this commonwealth, or for the
use of said oysterman in his own family, or for sale to any
citizen or citizens for consumption in his own family: pro-
vided however, that nothing in this or preceding acts shall
be so construed as to prevent the owners of planted oysters
from working on or changing location of said planted oysters,
or shipping the same to market at the option of the owner
thereof. Any person offending against the provisions of this
section shall forfeit and pay for each offence not less than ten
nor more than fifty dollars; nor shall it be lawful for any
person at any time to catch or take oysters on Sunday in
any manner, or from one hour after sunset of any day toone
hour before sunrise of the succeeding day.

§48. The said board shall, on and after the first day of
January, eighteen hundred and eighty-five, provided the
police force established in this bill is fully equipped and in
operation, or if.in the judgments of the board said police
force is sufficient to protect the grounds in which dredging is
prohibited, authorize any resident of said state to take and
catch oysters with dredges or instruments other than ordinary
oyster tongs, in the Chesapeake bay, but this privilege shall
not extend to Pocomoke sound, Hampton roads or Mobjack
bay, nor west of a line drawn from the lighthouse, on Rappa-
hannock spit, to the lighthouse on Wolf Trap spit, nor to
any inlet, creek or river, nor to the mouths thereof, except
the river Potomac, Johnson’s rock, Thoroughfare rock, Foxe’s
island rock, and California rock, of Tangier sound: provided,
that no dredging shall be permitted between 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 district 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 preceding 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 register such vessels, 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 jib, and on
the opposite of that on the main sail. 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 com-
monwealth. The form of the application and license required
by this section shall be prescribed by the auditor of public
accounts, and blanks furnished to eaco inspector.
2. This act shall be in force from its passage.