Chap. 660.—An ACT to amend and re-enact section 2137 of chapter 97 of the
Code of Virginia, as amended by an act approved March 5, 1894. entitled an
act. to amend and re-enact sections 2131, 2135, 2137, 2148, and the independent
sections 3, 5, 8, and 10, and to repeal section 9 of an act. entitled an act to
amend and re-enact sections 2131, 2133, 2134, 2135, 2137, 2148, 2151, 2153, and
to repeal sections 2141, 2142, 2143, 2144, 2145, and 2147 of chapter 97 of the
Code of Virginia, in relation to oysters, and to add independent sections thereto,
approved February 25, 1892, and to amend and re-enact sections 2150, 2164, and
2182 of the Code of Virginia, and to add independent sections thereto, and to
repeal an act entitled 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, 2135, 2148,
2151, 2153, and to repeal sections 2141, 2142, 2143, 2145, and 2147 of chapter
97 of the Code of Virginia, in relation to oysters, and to add independent see-
tions thereto, approved February 25, 1892, which was approved March 2, 1894.

Approved April 2, 1902.

1. Be it enacted hy the general assembly of Virginia, That. section
twenty-one hundred and thirty-seven of chapter ninety-seven of the Code
ACTS OF ASSEMBLY. 781

of Virginia, as amended by 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, cight, 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, eigh-
teen 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 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-cight,
twenty-one hundred and: fifty-one, and 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, 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, which was approved March second,
eighteen hundred and nincty-four, be amended and re-enacted so as to
read as follows:

§ 2137. Assignment to riparian owners and others of location for
planting oysters; locations to be marked with suitable stakes; payment
of fees and rent to inspectors.—If any owner of land having a water
front thereon suitable for planting oysters shall desire to obtain a loca-
tion thereon for planting oysters, he may make application to the inspec-
tor for the county or district in which the land lies, who shall assign to
him such location as such owner may designate in front of his land.
No assignment shall exceed one-half acre, and a survey and plat whereof
to be made by the county survevor, which shall indicate the metes and
bounds, courses and distances, starting from fixed and permanent objects
on the shore, as accurately as may be, the same to be recorded as pro-
vided for recordation of other plats, the cost of survey and plat and
recordation to be paid by the riparian owner. The survevor’s fee shall
be one dollar. It shall be the duty of such owner to cause the location to
be marked with suitable stakes according to the assignment, and there-
after he shall have the exclusive right to the use thereof for the purpose
aforesaid, and the privilege is accorded to the said owner in consideratio
of the extra valuation ordinarily assessed upon such land for the wate
privileges supposed to attach thereto. The inspector making the assign

ment of reservation shall be paid by such owner a fee of fifty cents; <a
assignment to the riparian owner to pass with the land to the suhsequer
owner. If any portion of said water front herein reserved or provide:
for said riparian owner of Jand shall be occupied by others with ovster
actually planted thereon at the time a location is made of said reservatior
the person so occupying the same shall have cighteen months to remov.
the oysters so planted. The residuc of said water front in excess of wha
is herein reserved for the riparian owner, and the residue of the beds ©
the bays, rivers, and creeks other than natural oyster beds or rocks, ma:
be occupied by any resident for the purpose of planting or propagatin;
oysters thereon: provided, that no assignment hereafter made shall ex
ceed two hundred and fifty acres; but this limit shall not affect assign
ments heretofore made in excess of that amount: and provided, furthe:
that no limit herein provided for shall affect assignments made in Chesa
peake bay. It shall be the duty of any such person desiring to obtain ;
location for planting or propagating oysters in any portion ‘of the wate
fronts and beds aforesaid not located or reserved as hereinbefore providi+
for owners of land aforesaid to apply to the inspector of the district ix
which the land lies to have his location ascertained and designated ane
surveyed, and the same shall be marked with suitable stakes smooth and
free from snags and spurs, or by other metes and bounds, courses and dis-
tances, having their places of beginning and ending designated by perma-
nent objects on the shore agreed upon between the applicant and inspec-
tor, and he shall pay the inspector for his services a fee of one dollar.
and he shall also pay to the inspector rent for the land assigned him at
the rate of one dollar per acre for each and every year of his rental, to Lb:
payable on the first day of September of each year; and so long as he con-
tinues to pay such rent he shall have the exclusive right to occupy said
land for a period of twenty vears, subject to such rights, if any, as amy
other person or persons may previously have acquired. If any portion af
said water fronts of beds or bays, rivers and creeks, be occupied with
oysters actually planted thereon, or held by any person under proper as-
signment, evidenced by the receipt or certificate of the inspector at the
time a location is made or sought to be made under this section, the occu-
pant shall have the prior right against all others to have the land £0 oceu-
pied by him assigned to him by the inspector: provided, the said ocen-
pant shall have the land so occupied by him ascertained and designated
and surveyed and rent paid within thirty days from the time the inspecter
is called on to locate the same. <All applications for assignments nif
oyster-planting grounds other than for the ground reserved for riparian
owners shall be made to the ovster inspector of the county or district in
which said grounds are located, stating, as near as may be, the number
of acres applicd for, the name of the waters in which located, and the
name of one or more prominent points or places convenient to said
ground, notices of said application to be posted for at least thirty days
at the courthouse of said county, and at two or more prominent places in
the vicinity of said grounds. Said notices shall contain the name or
names of applicants, the probable number of acres applied for by each,
the name of the waters, where located, and the name of one or more
prominent points convenient to said grounds. After the expiration of
thirty days’ notice as aforesaid, the inspector shall proceed to survey and
assign the grounds so applied for: provided, he ascertains it is not a
natural rock, bed, or shoal within the meaning cf this act: provided, this
section, so far as the quantity of land to be assigned to and held by
riparian owners is concerned, shall not apply to the counties of Rich-
mond, Northampton, Northumberland, and Westmoreland, but section
six of chapter two hundred and fifty-four, acts of eighteen hundred and
eighty-three and eighty-four, shall continue in force as to the said
counties ; but nothing herein contained shall be construed as authorizing
1 rental of less than one dollar per acre for riparian owners in the above
named counties of the land assigned to them as such riparian owncrs:
provided, that nothing in the said section which restores to riparian
owners in said counties one-fourth of their respective water fronts suit-
able for planting oysters shall be so construed as to permit the owners
of water fronts to compel occupants of said fronts to remove their
oysters from anv fourth of said shores, if the residue of said shore be
already in his (the land owner’s) possession or be unoccupied.
2. This act shall be in foree from its passage.