Chap. 196.—An ACT to amend and re-enact sections 13 and 15 of an
act entitled an act to amend and re-enact section 13 of an act enti-
tled an act to amend and re-enact sections 13 and 48 of an act enti-
tled an act for the preservation of oysters and to obtain a revenue
for the privilege of taking them from the waters of this common-
wealth, approved November 26, 1884; and to amend and re-enact
section 17 and repeal sections 39 and 40 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 4, 1884, and to provide for the payment of costs and expenses
incurred in the execution of the oyster laws of this commonwealth,
approved April 28, 1887.

Approved February 23, 1888.

1. Be it enacted by the general assembly of Virginia, That |
sections thirteenth and fifteenth of an act entitled an act to |
amend and re-enact section thirteenth of an act entitled an
act for the preservation of oysters, and to obtain a revenue
for the privilege of taking them from the waters of this com-
monwealth, approved November twenty-sixth, eighteen hun-
dred and eighty-four, and to amend and re-enact section sev-
enteenth and repeal sections thirty-nine and forty 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 this commonwealth, approved ixeok fourth, eighteen hun-
dred and eighty-four, and to provide for the payment of costs
and expenses incurred in the execution of the oyster laws of
this commonwealth, approved April twenty-eighth, eighteen
hundred and eighty-seven, 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: provided however, that nothing
in this or preceding acts, shall ibe so construed as to prevent the

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owners of planted oysters from working on or changing loca-
tion of said planted oysters, or shipping the same to market
at the option of the owner thereof, but no dredging to be
permitted on their private oyster-ground, nor by the owner
of said planted oysters; 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 to one
hour before sunrise of the succeeding day. Any person viola-
ting any of the provisions of this section, shall forfeit and
pay for each offence not less than ten dollars nor more than
fifty dollars: provided, that nothing in this section shall be
construed to restrict the right to take or catch oysters with
tongs in the Chesapeake bay and in Mobjack bay, at any
time: and provided further, that nothing in this section shall
be construed to restrict the right to take or catch oysters
with tongs at any time in the bays or inlets of the Potomac
river at any time for planting purposes.

§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 diagonally from
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
half inches diagonally from inside chime to top. These
measures must have on them three iron hoops—the top hoop
to be riveted to the staves with four iron rivets, and the
staves and heading shall be straight on the inside. All stave
measures must be sealed by some legally appointed inspector
of this state before they are used. In the measurement of
the oysters in the shell, the tubs must be filled with a slight
rise above the top. The captains of the steamer and vessels
used as the oyster police force, shall have the authority to
see that the provisions of this act be enforced.

' 2, All acts and parts of acts in conflict with this act, be
and the same are hereby repealed.

3. This act shall be in force from the first day of June,
eighteen hundred and eighty-eight. ,