Chap. 150.—An ACT to amend and re-enact section 2148 of the Code of Vir-
ginia, as amended by an act approved February 14, 1901, as amended by
an act approved April 24, 1903, and by previous acts, in relation to the time
for taking oysters, and to prohibit use of patent tongs.

Approved March 10, 1906.

1. Be it enacted by the general assembly of Virginia, That section
twenty-one hundred and forty-eight of the Code of Virginia, as amended
by an act approved February fourteenth, nineteen hundred and one, as
amended by an act approved April twenty-fourth, nineteen hundred and
three. and by previous acts, in relation to the time for taking oysters, be
further amended and re-enacted so as to read as follows :.

$2148. Limitation as to time of taking ovsters and in relation to
patent tongs.—Hereafter it shall not be Jawful for any person to take or
catch oysters from any of the natural oyster heds, rocks and shoals, in
any of the waters of this Commonwealth, with tongs, or in any other
wav, from the first day of April to the fifteenth day of September of
each vear, except that in Broad bay, Long creek, Lickhorn bay, or in any
of the tributaries thereof, in the county of Princess Anne, the prohibited
time shall be all the vear, except the months of October and November,
or at any time except during the months of October, November and
December, to use or employ patent tongs for the purpose of taking or
catching oysters or shells from the natural rocks, beds or shoals of the
State. And if any person be found upon the natural rocks, bed:
shoals of this Commonwealth during the prohibited season, or during
night time of the open season with tongs, or other devices for takin;
catching oysters, the same shall be prima facie evidence of the viola!
of this act by the person so found therein: provided, this section s
not be construed as permitting the use of patent tongs in the water:
the James, Nansemond, East or Pianitank rivers.

Any person violating the provisions of this act shall, upon convict
thereof, be fined not less than twenty-five dollars nor more than one h
dred dollars, and be confined in jail not less than ten days nor more t
six months, either or both, in the discretion of the jury or of the jus
or court trying the case, if it shall be tried without a jury.

This section shall not be construed as prohibiting the owner of plan
oysters from working on or changing the location of said planted ovst
or from shipping the same to market at any time at the option of
owner.

2. All acts and parts of acts in conflict with this act are hereby
pealed.