Chap. 997.—An ACT to amend and re-enact independent sections 5 and 8 of act
of the general assembly of Virginia in relation to oysters, approved March 5,
189+.

Approved March 4, 1898.

1. Be it enacted by the general assembly of Virginia, That independ-
ent sections five and eight of an act approved March fifth, eighteen hun-
dred and ninety-four, entitled an act to amend and re-enact sections
twenty-one hundred and thirty-one, twenty-one hundred and thirty-five,
twenty-one hundred and thirty-seven, twenty-one hundred and forty-
eight, and the independent sections three, five, eight and ten, and to re-
peal section nine 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 hundred
and forty-eight, twenty-one hundred and fifty-one, twenty-one hundred
and fifty-three, and to repeal sections twenty-one hundred 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 oysters; and to add independent sections
thereto, approved February twenty-fifth, eighteen hundred and ninety-
two; and to amend and re-enact sections twenty-one hundred and fifty,
twenty-one hundred and sixty-four and twenty-one hundred and eighty-
two of the code of Virginia, and to add independent sections thereto;
and to repeal an act entitled an acttoamend and re-enact sections three
and five 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 forty-eight, twenty-one hundred and fifty-one,
twenty-one hundred and fifty-three, and to repeal sections twenty-one
hundred and forty-one, twenty-one hundred and forty-two, twenty-one
hundred and forty-three, twenty-one hundred and forty-five, twenty-one
hundred and forty-seven, of chapter ninety-seven of the code of Virginia,
in relation to oysters; and to add independent sections thereto, approved
February twenty-fifth, eighteen hundred and ninety-two, which was ap-
proved March the second, eighteen hundred and ninety-four, and thirty-
two of chapter ninety-seven of the code of Virginia in relation to oysters,
be amended and re-enacted so as to read as follows:

§ 5. Any person being a resident of this state who shall be desirous of
catching or taking oysters from the natural oyster beds, rocks or shoals
of the waters of this commonwealth with ordinary or patent tongs, shall
first apply in writing to the inspector of the county or district in which
he resides for registration, and shall specifically state whether the appli-
cant desires to pay weekly the amount hereinafter mentioned, on the
aggregate amount of sales of oysters made by him during the week pre-
ceding, or whether he prefers to pay the specific sum hereinafter provided
for at the time and in the manner hereinafter mentioned; and thereupon
the said applicant shall conclusively be deemed to have elected the
method of ascertaining the sum, amount and manner of payment of the
same for the exercise of the right of taking and catching oysters from
the natural beds, rocks and shoals of the waters of this commonwealth;
and thereupon the said inspector shall give to the said person so apply-
ing for registration as aforesaid a certificate showing that he has regis-
tered, and whether he has elected to pay said specific sum, or whether
he has to report his sales on each Saturday, or within three days there-
after.

If the applicant elects as aforesaid to pay upon his weekly sales of
oysters caught from natural rocks, beds or shoals the inspector shall re-
quire such applicant so registered in his district or county to report to
him in writing under oath, certified to by some person authorized by the
laws of Virginia to administer an oath, on the Saturday of each week,
or within three days thereafter, during the lawful season, a true and
accurate return of the amount of sales of oysters caught from the natural
rocks, beds or shoals made by him during the preceding week; and the
inspector shall collect and receive weekly from the said tongman on the
aggregate amount of his 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, and thereupon the said inspector shall deliver to the said tong-
man a receipt for the amount so paid as aforesaid, showing the date of
payment, the amount paid and the week for which paid. Any person
taking and catching oysters from the natural oyster beds, rocks or shoals
after the expiration of the period limited for said weekly payment as
aforesaid, without having paid the same, shall be deemed to have vio-
lated the provisions of this section.

If at the time of registering as aforesaid the tongman prefers and
elects as aforesaid to pay to the inspector the sum of two dollars for
using and working ordinary tongs and five dollars for using and
working patent tongs, during the entire lawful season the said specific
sum shall be paid to the inspector as follows: One-half of said amount
on the fifteenth day of September, and the remaining one-half on the
first day of October, and upon the payment of the same the said in-
spector shall endorse upon the said certificate the payment of the
amount, and whether the same be the first or second payment.

If any tongman takes or catches oysters from the natural oyster rocks,
beds or shoals, after the period limited for said payments, or either of
them, whether weekly or specific, without having paid the same, or
either of them, he shall be deemed to have violated the provisions of this
section.

All forms required by this section shall be furnished by the auditor to
the several inspectors of this commonwealth.

Any person violating the provisions of this section shall be fined not
less than ten nor more than one hundred dollars.

§ 8. It shall not be lawful for any person to rent oyster-planting
ground and afterwards subrent or sublet the same to another person ata
greater sum than he paid the state therefor, unless he shall have improved
the same by planting oysters or shells thereon. If he should sublet or
subrent, it shall be only to a resident of this state, after notifying the
inspector of his intention, and then the subletting or subrenting shall be
in writing, and said writing shall describe accurately the ground sublet
or subrented, and be recorded in the clerk’s office of the county, as the
original survey and plat were recorded, and under the same conditions;
the fee of the clerk to be paid by the person directing the recordation of
the same. Thesublessee or subrenter shall have all the rights and privi-
leges of the original lessee or original renter. Any person violating this
Section shall be fined not less than fifty nor more than one hundred
ollars.
2. All acts and parts of acts inconsistent herewith are hereby repealed.
3. This act shall be in force from its passage.