Chap. 347.—An ACT to prohibit the carrying, or attempt to carry, or the
buying for the purpose of carrying out of this state, any oysters taken from
the natural rocks, beds, or shoals in the waters of this commonwealth,
whose shells measure less than three inches in length, and to require any
person from taking or buying such oysters from certain localities to be
planted in this state to obtain a license therefor for each boat or vessel
so used.

Approved February 16, 1901.

1. Be it enacted by the general assembly of Virginia, That it shall be
unlawful for any person to carry, or attempt to carry, or to buy, for the
purpose of carrying out of this state any oysters taken from the natural
rocks, beds, or shoals in the waters of this commonwealth whose shells
measure Jess than three inches in length from hinge to mouth. Any
person so offending shall be deemed guilty of a felony, and, upon con-
viction thereof, shall be confined in the penitentiary for one year, or, at
the discretion of the jury, may be confined in jail not excceding one year,
and fined not exceeding five hundred dollars. Moreover, all boats and
vessels, together with their tackle used in violating this section, and all

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oysters found thereon, shall be forfeited to the commonwealth under
proceedings as prescribed by chapter ninety-cight of the code of Virginia.

2. If any oyster inspector or other person shall knowingly aid and
abet, or shall collude with any person in the violation of section one of
this act, he shall be deemed guilty of a misdemeanor, and, upon convic-
tion ther cof, shall be confined in Jail not exceeding six months and fined
not exceeding five hundred dollars ;.and such inspector shall be removed
from his office.

3. It shall be unlawful for any person, without first having obtained a
license therefor as hereinafter provided, to take or buy oysters, to be
planted in this state, whose shells measure less than three inches in
length from hinge to mouth, from the eastern side of Acecomae and North-
ampton counties or from James river above a line drawn from Day's
point, in the county of Isle of Wight, to Deep creek, in the county of
Warwick. Any person desiring to take or buy such oysters from said
localities, to be planted in this state, shall first obtain a license therefor
from the oyster inspector for the district wherein such person resides, or
wherein the bottom upon which it is intended to plant such oysters is
located ; for each boat or vessel to be so used, which license shall state the
name and tonnage (if registered in the custom-house) of the boat or
vessel, the name of the owner and master thereof, and to what waters
in this state it is intended to use such boat or vessel in carrying such
oysters to be planted. Before such license shall be granted, the owner or
master of such boat or vessel shall make oath before the inspector that
said boat or vessel will not be used for the purpose of carrying seed oysters
measuring less than the size aforesaid out of this state, or for knowingly
selling such oysters to any other person for carrying the same out of this
state. Such license shall expire at the end of ‘the: oyster season during
which it is granted. Blank forms for such license and such oath to
be taken and subscribed shall be furnished each oyster inspector by the
auditor of public accounts, the same to be distributed to them by the board
of fisheries; and the oath so taken and subscribed, together with a memo-
randum of the license issued, shall be returned by the inspector to the
secretary of the board of fisheries, to be by him filed in his office. For
administering said oath and issuing said license, the inspector shall be
entitled to receive from the person taking out the license a fee of twenty-
five cents on boats or vessels under five tons burthen, fifty cents on those
over five tons and under twenty tons, and one dollar on those over twenty
tons burthen. ‘The owner or master of any boat or vessel found taking
or buying such seed oysters from the places aforesaid, to be planted in
this state, without a license therefor, shall be fined not exceeding onc
hundred dollars.

4. All fines and forfeitures incurred under this act shall be disposed
of as provided by section twenty-one hundred and sixty-eight of the code
of Virginia, except that in case of forfeiture the inspector and informer,
if there be one, shall each receive five per centum instead of one-fourth of
the net proceeds.

. All acts and parts of acts, so far as in conflict with this act, are
hereby repealed.

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