CHAP. 511.—An ACT to protect the oyster industry of the com-
monwealth.

Approved February 29, 1892.

1. Be it enacted by the general assembly of Virginia,
That the board on the Chesapeake and its tributaries
shall, as soon as possible after the passage of this act,
cause to be made a true and accurate survey of the natu-
ral oyster beds, rocks and shoals of the commonwealth,
said survey to be made with reference to fixed and perma-
nent objects on the shore, giving courses and distances,
to be described in the written report of said survey here-
inafter required; and a true and accurate delineation of
the same shall be made on copies of the published maps
and charts of the United States coast and geodetic survey,
which said copies shall be filed in the archives of this
state, in the capitol at Richmond. And the said board
shall further cause to be delineated, on acopy of the pub-
lished maps and charts of the United States coast and
geodetic survey, of the largest scale, for each of the coun-
ties of the commonwealth, in the waters of which there
are natural oyster beds, rocks, or shoals, all the natural
rocks, beds or shoals lying within the waters of each of
said counties, which said maps shall be filed in the clerk’s
office of the county court of the county wherein may be
the grounds so delineated. For example: The map de-
lineating the grounds lying in the waters of the county
of Accomac, to be filed in the clerk’s office of the county
court of Accomac, and so on.

Z. And the said board on the Chesapeake and its tribu-
taries, in order to carry into execution this law, shall direct
the fish commissioner, who is hereby appointed a shell
fish commissioner, whose duty it shall be to direct and
control the survey herein provided for. Said commissioner
shall cause to be marked and defined, as accurately as is
practicable, the limits and boundaries of the natural oys-
ter rocks, beds and shoals, as established by said survey,
and he shall take true and accurate notes of said survey,
in writing, and make up such an accurate report of said sur-
vey, setting forth a description of the lines, with courses and
distances, and description of the land marks, as may be
necessary to enable the oyster inspector to find and ascer-
tain the boundary lines and limits of said natural oyster
rocks, beds and shoals, as shown by the delineation on the
maps and charts provided for in section one of this act.
Said report shall be completed and transmitted to the board
on the Chesapeake and ita tributaries within three months
after the completion of the said survey. The said board
shall cause the same to be published in pamphlet form
and transmit copies of the same to the clerk of the county
court of the counties where the charts have been filed
or directed to be filed as hereinbefore provided for—the
said report to be filed by the clerks of the said several
counties. And the said survey and report, when so filed,
shall be, and be construed to be, in all the courts of the
commonwealth, as conclusive evidence of the boundaries
and limits of the natural oyster beds, rocks and shoals ly-
ing within the waters of the counties wherein such survey
and report are filed: provided if any natural rock, bed or
shoal is left out in these surveys, they shall not be used
for planting grounds, but shall be subject to the general
oyster law of the state. All the work appertaining to and
necessary to the completion of said survey shall be under
the control and done under the direction of the board on
the Chesapeake and its tributaries, which said board is
hereby empowered to require the shell fish commissioner
hereinbefore named to do all things necessary to the suc-
cessful prosecution and completion of the said survey.

3. The said board on the Chesapeake and its tributaries
shal] have the control and management of any fund which
may be appropriated to carry into execution this law, and
the said board shall turn over to the shell fish commis-
sioner, to be appointed under this act, at such times and
in such amounts as they may deem necessary and pro-
per, any portion of such appropriation, and said shell fish
commissioner shall disburse the same in defraying the
proper and actual expenses of executing this law, and he
shall make a true and detailed report of his disburse-
ments to the said board. But before said commissioner
shall perform any of the duties hereby imposed upon him
or receive any money under this act, he shall execute bond
in the penalty of two thousand dollars, payable to the
commonwealth of Virginia, conditioned for the faithful
performance of his duties.

4. The county court of the counties in the waters of
which there are any natural oyster-beds, rocks, or shoals,
shal], in term time or vacation, appoint three commissioners
for each of said counties respectively. These three com-
missioners shall act with the shell fish commissioners in
their respective counties. These three commissioners shall
determine the question of what bottoms are natural oyster-
beds, rocks, or shoals, and the lines defining these limits
shall be run by the shell fish commissidner and the en-
gineer as they direct. These commissioners shall receive
for their services the sum of two dollars per day while
actually so employed.

5. Said shell fish commissioner shal] be paid the sum of
one hundred and fifty dollars per month for the time he is
actually engaged in the execution of the work as herein-
before set forth: provided said work shall not consume a
longer period than twelve months of actual work from its
beginning; and when the survey and report hereinbefore
mentioned in this act have been completed, the duties and
the salary of the said shell fish commissioner shall cease
and determine.

6. The board on the Chesapeake and its tributaries shall
avail themselves in executing this law of the assistance
tendered by the United States coast and geodetic survey.

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