Chap. 319.—An ACT to include and embrace the county of Surry within the
oyster territory of the state, and to lay off, designate, and survey the natu-
ral oyster rocks, beds, and shoals in James river in said county, and to
provide for an oyster inspector in said county.

Approved February 16, 1901.

Whereas by an act to protect the oyster industry of the commonwealth,
approved February twenty-ninth. eighteen hundred and ninety-two, as
amended by an act approved March second, eighteen hundred and ninety-
four, it was provided that all natural oyster rocks, beds, and shoals
should be surveyed and embraced in the geodetic survey: and

Whereas under said act it was directed that commissioners appointed
by the county court were the judges of what is a natural rock: and

Whereas the natural oyster rocks, beds, and shoals in James river, in
the county of Surry. were omitted from said survey, and no map or chart
thereof was ever returned and filed in the clerk's offiee of the county
court of said county, as provided by subdivision one of said aet: and that
therefore the county court of said county could not, and did not appoint
said commissioners, and no survey was ever made, and that the survey
of the natural ovster rocks can only be made now by an act of the general
assembly in order for the natural ovster rocks to be embraced in the
geodetic survey; now, therefore,

1. Be it enacted by the general assembly of Virginia, That the county
of Surry be, and the same is, hereby embraced and included in the oyster
territory of the state, and shall be known as district number thirty-one,
and that the board of fisheries shall appoint an inspector for said district,
upon the recommendation of the board of supervisors of said county,
who shall be a resident of said county, who shall qualify in the same
manner, and whose duties and compensation shall be the same as now
provided by law in case of oyster inspectors.

%. And that the county court of Surry county may, at its discretion.
appoint three commissioners, whose duty it shall ‘be to go on all the natu-
ral oyster rocks, beds and shoals in James river, in the county of Surry,
and take with them the county surveyor, or any competent surveyor, and
the said oyster inspector, who shall be appointed as above provided, and
shall lay off and designate by metes and bounds, all said oyster rocks.
beds and shoals, and cause the surveyor to make an accurate survey and
plots of the same, and when said survey and plots are made, the said com-
missioners shall make their report to the county court with said surveys
and plots accompanying said report: provided, however, that nothing
in this act shall permit a survey of any grounds which have been assigned
to any citizen of this commonwealth for the purpose of planting “and
propagating oysters, or in any manner impair any vested interest in such
grounds acquired by such citizen under the laws of Virginia regulating
the assignment of oyster-planting ground. .

3. The report of said commissioners, with the accompanying survey
and plots shall lie, for exceptions, from the term of the court at which
it was filed until the succeeding term. Exceptions to said report must
be filed at least ten days before the commencement of the term at which
they are to be heard. The exceptions are to be heard and decided by the
court on evidence given in open court: provided, that this act shall not
interfere with vested rights acquired under the laws of Virginia, but to
have in the geodetic survey all the natural rocks in Surry county as in
the other counties of the commonwealth.

4. Any person interested may file exceptions to said report: provided.
he shall pay his own costs incurred in filing and hearing exceptions, re-
nll of the decision of the court on said exceptions.

5. At the final hearing by the court on the report, either party may
appeal to a higher court. “the appeal to be taken as now provided by law.
The court shall direct that the plots and survevs be filed in the clerk’s
office of the county court of Surry county; and when so filed, they shall
have the same force and virtue, and stand on the same footing, in every
particular as the geodetic survey in the various counties of the common-
wealth now has under the said act, approved February twenty-ninth.
eighteen hundred and ninety-two, as amended by an act approved March
second, eighteen hundred and ninety-four.

The county court shall fix reasonable compensation for services ren-
dered by commissioners, surveyor. inspector and chairman, to be paid by
the treasurer of Surry county on the certificate of the board of super-
visors of said county.

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