Chap. 36.—An ACT to amend and re-anact sections 8, 6, 11, 15, 22, 34,
and 38 of an act approved March 4th, 1884, entitled an act for the
preservation of Oysters, and to obtain revenue for the privilege of
taking them from the waters of the commonwealth.

Approved August 27, 1884.

1. Be it enacted by the general assembly of Virginia, That
sections three, six, eleven, fifteen, twenty-two, thirty-four, and
thirty-eight of an act entitled an act for the preservation of
oysters, and to obtain revenue for the privilege of taking
them within the waters of the commonwealth, approved
March fourth, eighteen hundred and eighty-four, be and the
same are hereby amended and re-enacted so as to read as fol-
lows: :

§ 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 occupant, shall
have exclusive right to use said creek, cove, or inlet, for sow-
ing or planting oysters and other shell-fish, notwithstanding
the reservation hereinbefore made: provided however, that
the provisions of this section, so far as they amend section
three of an act approved March four, eighteen hundred and
eighty-four, shall not apply to the county of Mathews; but
the said section, as contained in the act of March four, eigh-
teen hundred and eighty-four, shall remain in full force and
effect, so far as it applies to said county.

§ 6. If any owner or occupier of land having a water-front
thereon suitable for planting oysters, shall be desirous of
obtaining a location thereon for planting oysters, he may
make application to any inspector for the county in which
he resides, who shall assign to him on such Jocation, 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 inspector, subject to appeal to the judge of the county
court of the county in which said land is Tooatad, either in
term time or vacation, who is hereby authorized to take cog-
nizance of the same, and make such assignment as shall seem
proper: provided that the said assignment shall not exceed
one-half of an acre: and provided further, that the privilege
thus accorded to the riparian owner may at any time be
revoked at the pleasure of the general assembly, said revoca-
tion to take effect eighteen months from 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 privi-
lege 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 the inspector making the assignment of reser-
vation shall be paid by such owner or occupant a fee of one
dollar, and if such owner or occupant shall sell any oysters
from said reservation, also an annual rent of twenty-five
cents; and all other privileges accorded to riparian owners
under the provisions of the section hereby amended, are
hereby revoked, and the inspectors shall return to riparian
owners all taxes, rents, and fees collected under the provis-
ions of said section. If any portion of said water-front
herein reserved or provided for said riparian owners or occu-
piers of land, shall be occupied by others, with oysters actu-
ally planted thereon, at the time a location is made of said
reservation, the person so occupying the same shall have
eighteen 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, and creeks, other than
natural oyster-beds or rocks, may be occupied by any person
or persons, for the purpose of planting oysters, or the propa-
gation of oysters thereon. It shall be the duty of any such
person desiring to obtain a location for planting or propa-
gating oysters on any portion of the water-fronts and beds
aforesaid, not located or reserved as hereinbéfore provided
for owners and occupiers of land as aforesaid, to apply to an
inspector to have his location ascertained and designated, and
the same shall be marked with suitable stakes, or by other
metes and bounds agreed upon between the applicant and
inspector, and he shall pay the inspector for his services a
fee of one dollar, and also an annual rent of twenty-five cents
for each and every acre assigned to him, payable on the first
day of October, annually, 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 provis-
ions of the law requiring the payment of twenty-five cents
per annum for every acre so occupied; subject, however, to
the right of reservation by the general assembly. If any
portion of said water-fronts, or beds of bays, rivers, and
creeks, is occupied with oysters actually planted thereon, at
the time a location is made, or sought to be made under this
section, the occupier shall have the prior right against all
others to have the said land so occupied by him assigned to
him by the inspector: provided said occupier shall have the
land occupied by him ascertained and designated within
thirty days from the time that the inspector is called on to
locate said land: provided however, that the provisions of
this section which are amendatory to the section hereby
amended, shall not apply to the counties of Northumberland
and Westmoreland; but the provisions of said section are
hereby declared to remain in full force, so far as said counties
are concerned, notwithstanding the amendments thereto
contained in this section. :

§11. If any citizen of this state shall be concerned or
interested with any person not resident within the state, in
taking, catching or planting oysters within this state, or
shall knowingly permit any person not resident within the
state, to take, catch or plant oysters in his name, he shall be
liable to a fine of five hundred dollars, and the vessel or craft
so employed in catching or planting oysters shall be forfeited.

§ 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 meas-
ure, which shall be uniform in shape, and of the following
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 he 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 to top. All stave
measures must be sealed by an inspector of oysters duly
qualified under this act, and in the measurement of oysters,
the tubs must be filled with a slight rise above the top.

§ 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 oysters, and the same 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 vessel,
boat or other craft, may relieve the same from the custody
of the inspector, by giving bond with approved security
before any justice of the peace, or before 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 as good order as when received, to answer the judg-
ment of the court having jurisdiction of the offence, or other-
wise forfeit the bond. Any constable or inspector making
any arrest under this act, shall be entitled to receive a fee of
two dollars for every arrest so made, which shall be taxable
in the costs.

§ 34. Upon the arrest of any person or persons under the
said preceding. sections, the canoe, boat or vessel so seized,
shall be liable for any fine or forfeiture 1mposed by this act:
provided that the master or commander, or 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 before the judge of the county or cor-
poration 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 rekeved, to answer the judg-
ment of the court having jurisdiction of the offence, or other-
wise forfeit the bond. In all cases where the vessels, boats or
canoes shall be declared forfeited by the judgment of the
court under the preceding sections of this act, the same shall
be sold, and the proceeds of sale after deducting and paying the
costs of seizure, forfeiture, and other expenses of proceedings
and of sale, shall be applied as follows: one-half to the cap-
tors, and one-half to the commonwealth: provided that the
captains and crews of the police vessels under this act shall
not receive any portion of said proceeds of sale.

§ 38. Any vessel or boat which may be found employed by
any person or persons whatsoever in violation of the provisions
of this act, so far as they relate to dredging, shall be forfeited to
the commonwealth, together 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
his warrant, directing the sheriff or some constable of his
county, or any special constable appointed for the purpose,
who shall summon a posse comitatus, if necessary, to capture
such vessel or boat, and to retain the same safely until or-
dered to sell or release it. And upon seizure, it shall be the
duty of the commonwealth’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
dredging 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 pray-
ing the forfeiture of euch 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 sum-
moned 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 be empanelled 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

e reported and paid over to the treasurer of the county, as
fines due the commonwealth are required by law to be paid,
and shall be, by the same 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
captors 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 proceedings 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
judgment or forfeiture, the proceeds of sale shall be safely
kept by the court until after final judgment, when said pro-
ceeds shall be disposed of as hereinbefore provided.

2. This act shall be in force from its passage.