Chap. 691.—An ACT to amend and re-enact independent section 5 of an act
of the general assembly of Virgjnia, in relation to oysters, approved March
5, 1894, as amended and re-enacted by chapter 997 of the acts of assembly

of 1897 and 1898, amending and re-enacting independent sections 5 and 8
approved March 4, 1898.

Approved March 2, 1900.

1. Be it enacted by the general assembly of Virginia, That inde.
pendent section five of an act approved March fifth, eighteen hundrec
and ninety-four, entitled an act to amend and re-enact sections twenty
onc hundred and thirty-one, twenty-one hundred and thirty-five, twenty
one hundred and thirty-seven, twenty-one hundred and forty-eight, anc
the independent sections three, five, eight, and ten, and to repeal section
nine of an act entitled an act to amend and re-enact sections twenty-on
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 inde-
pendent sections thereto, and to repeal an act entitled an act to amend
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
ad 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 indepen-
dent sections thereto, approved February twenty-fifth, eighteen hundred
and ninety-two, which was approved March the second, eighteen hundred
and ninety-four, and thirty-two of chapter ninety-seven of the code of
Virginia, in relation to oysters, approved March fourth, eighteen hundred
and ninety-eight, 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 dis-
trict, or subdivision of the county or district in which he resides, for reg-
istration, and shall specifically state whether the applicant desires to pay
weekly the amount hereinafter mentioned on the aggregate amount of
sales of oysters made by him during the week preceding, 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 applying for registration as
aforesaid a certificate showing that he has registered, 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 thereafter.

If the applicant elects as aforesaid to pay upon his weekly sales of
oysters caught from natural rocks, beds, or shoals, the inspector shall
require such applicant so registered in his district or county to report to
him in writing, under oath, certified to by some person authorized bv
the laws of Virginia to administer an oath, said writing to be delivered
by said applicant in person to said inspector 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

le
natural rocks, beds, or shoals made by him during the preceding week;
and the inspector shall collect and receive weekly from the said tong-
man 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
tongman 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
payments as aforesaid, without having paid the same, shall be deemed to
have violated 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: On the fifteenth day
of September, or at any time thereafter whenever said tongman shall
apply for license subsequent to that date, and upon the payment of the
same the said inspector shall endorse upon the said certificate the pay-
ment of the amount.

If any tongman takes or catches oysters from the natural oyster rocks,
beds, or shoals after the period limited for said payment, whether weekly
or specific, without having paid the same he shall be deemed to have
violated the provisions of this section. All forms required by this sec-
tion 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.

2. All acts and parts of acts inconsistent herewith are hereby repealed.

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