Chap. 525.—An ACT to amend and re-enact sections 3 and 5 of an act entitled
an act to amend and re-enact sections 2131, 2133, 2134, &c., and to repeal
sections 2141, 2142, &c., of chapter 97 of the code of Virginia, in relation to
oysters, &c.

Approved March 1, 1894.

1. Be it enacted by the general assembly of Virginia, That sec-
tion three of an act entitled “an act to amend and re-enact sections
twenty-one hundred and thirty-one, twenty-one hundred and thirty-
three, twenty-one hundred and thirty-four, twenty-one hundred and
thirty-five, twenty-one hundred and thirty-seven, twenty-one hun-
dred and forty-eight, twenty-one hundred and fifty-one and twenty-
one hundred and fifty-three, and to repeal sections twenty-one hun-
dred and forty-one, twenty-one hundred and forty-two, twenty-one
hundred and forty-three, twenty-one hundred and forty-four, twenty-
one hundred and forty-five and twenty-one hundred and forty-seven
of chapter ninety-seven of the code of Virginia, in relation to oys-
ters,” approved February twenty-fifth, eighteen hundred and ninety-
two, be amended and re-enacted so as to read as follows:

§ 3. Any person being a resident of this state, who shall be de-
sirous of catching or taking oysters with ordinary oyster tongs, for
sale, shall apply to the inspector of the district in which he resides
for registration. He shall furnish the inspector, on oath, with his
name, place of residence, district and county, the water-courses in
which he designs to take or catch oysters, and the kind of boat,
vessel or craft to be used or employed by him. Thereupon the
inspector shall register him, and if any person shall be found catch-
ing or taking oysters with ordinary tongs, for sale, without being
registered in accordance with the provisions of this section, he shall
be deemed guilty of a misdemeanor, and, upon conviction thereof,
ue shall be fined not less than ten dollars nor more than fifty

ollars.

And any resident of this state owning a boat to be used in taking
or catching oysters from the natural rocks, beds, or shoals shall ap-
ply to the inspector of the county or district where he resides on or
before the first day of September of each year and have said boat
registered. The inspector shall register said boat and prescribe for
said boat a number corresponding with the number of boats regis-
tered, which number of boats and number of districts he shall cause
to be plainly marked or stamped upon the prow of said boat. For
each registration, annually, the owner of the boat shall pay to the
inspector a fee of fifty cents. Any boat used or engaged on the oys-
ter rock as above named, not registered, shall be taken in charge by
the inspector, and if the owner can be found, he shall be fined not
less than five nor more than twenty dollars, to be recovered accord-
ing to law; if the owner cannot be found the inspector is directed,
and hereby authorized, to advertise said boat for thirty days, and if
no person claims said boat the inspector is authorized to sell said
boat at public auction, and turn over the proceeds of sale, less the
cost of advertising and expenses of sale, to the auditor of public
accounts, together with a report of his action in the matter.
2. And beit further enacted by the general assembly, That section
five of the same act be amended and re-enacted so as to read aa fol-
lows:

§ 5. The inspector shall, moreover, require each and every registered
tongman in bis district to state to him on oath at the time of receiv-
ing his registration that he will not during the ensuing season vio-
late any of the laws of this state in regard to taking of oysters from
their natural beds, rocks or shoals, and that he will make such true
and accurate returns as are hereinafter provided for. The inspectors
shall require each tongman registered in his district to make to him
on the Saturday of each week, or within three days thereafter, dur-
ing the lawful season a true and accurate return of the amount of
sales made by him during the week preceding; and the inspector
shall collect from said tongman on the aggregate amount of said
sales for the week an amount equal to the amount of tax that may
be levied by the state on any other species of property; but if at
the time of registering his boat any tongman shall prefer and elect
to pay and pay to the inspector the sum of two dollars the inspector
shall give him a receipt therefor, in which he shall state that the
said payment is a discharge of his obligation under this section for
the entire season for which his boat is registered, so far as the weekly
returns and the amount to be paid thereon is concerned: provided
that this section shall not apply to the ocean side of Accomac and
Northampton. If any tongman shall fail to make such report as is
provided in this section he shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, he shal] be fined not less than ten dol-
lars nor more than fifty dollars.

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