Chap. 85.—An ACT toamend and re-enact section 13 of an act en-
titled 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 of taking them from the waters of this
commonwealth, approved } November 26, Is84+; and to amend and
re-enact section 17, and re peal sections 30 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 tor the payment of costs
and expenses incurred in the execution of the oyster laws of the
commonwealth.

Approved April 28, 1887.

f 1. Beit enacted by the general assembly of Virginia, That
sections thirty-nine and for ty of an act entitled an “act for the
preservation of oysters, and to obtain revenue for the privi-
lege of taking them w ithin the waters of the commonwealth,
approved March fourth, eighteen hundred and cighty- -four,
be and the same are hereby repealed; and that section thir-
teen of an act entitled an act to amend and re-enact sections
thirteen and forty-eight of an act entitled an act for the
preservation of oysters, and to obtain a revenue tor the priv-
lege of taking them from the waters of this commonwealth,
approved November tw enty-sixth, eighteen hundred and

eighty-four, and that section seventeen 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 com-
monwealth, approved March fourth, cighteen hundred and
elyhty -four, be amended and re- enacted so as to read as fol-
lows:

§ 15. It shall not be lawful at any time for any person to
buy or sell ovsters in the shell by any other than stave
measure, which shall be uniform in shape and of the tollow-
ing dimensions: The bottom to be sixteen and a halt inches
across trom inside to inside; the top to be eighteen inches trom
inside to inside, and twenty-one inches straight from the in-
side chime to the top; balf tubs to be twelve and a halt
inches from inside to inside at bottom, thirteen and three-
quarter inches from inside to inside at top. and sixteen and
a half inches straight from inside chime to top. All stave
measures must be sealed by an inspector of ovsters duly
qualified under this act. and in the measurement of oysters
the tubs must be filled with a slight rise above the top.

§ 13. Hereafter it shall not be lawtul for any person to
take or catch oysters in the waters of this commonwealth
with tongs, or in any other way, from the thirty-first day of
May to the first day of September: provided 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 pk anted oysters, or shipping the
same to market, at the option of the owner thereof, but no
dredying to be permitted on their private oyster round,
even by “the owner of said planted oysters; and any person
offending against the provisions of this section, shall forfeit
and pay for cach offence not less than ten nor more than
fitty dollars; nor shall it be lawful for any person at any
time to eatch 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: and provided that nothing in
this section shall be construed to restrict the right to t: ake or
catch oysters with tongs in the Chesapeake bay and in Mob-
jack bay at any time.

§ 17. It shall be the duty of the judge of all countics of
this State within which oysters are caught or planted, as
svon as practicable after the pussage of this act, to appoint
as many inspectors as may be deemed necessary for their re-
spective counties, to hold office for two years, and to fill any
vacancies thereatter occuring In said office. 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 respectively reside, bond with good aur
sufficient security, pavable to the commonwealth, as tollows
The bond of each inspector shall be ina penalty not less than
two bundred dollars, nor more than one thousand 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 qualify by an oath faithfully
to perform the duties of his office to the best of bis ability.
The county or corporation Courts may for good cause shown
after notice upon motion by any person, dismiss any Inspec-
tor who tails to perform the duties of bis office: and provided
further, that sections seven, cight, nine, and ten of chapter
two hundred and fitty-four of act approved March fourth,
ezhteen hundred and eighty-four, be and the same is hereby
repealed so faroas the same apply to the ocean side of the
counties of Accomac and Northampton.

2. That all necessary costs and expenses that bave accrued
and may accrue in the execution of the oyster laws of this
commonwealth where no provision is now made by law for
the payment of the same, shall be paid by the auditor of
public accounts when the county court of the county where
the costs and expenses accrued, shall certify the necessity
and the reasonableness of the same, referring also to the law
under which the certificate is made.

3. This act shall be in force trom its passage.