An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
Chap. 204.—An ACT to amend and re-enact section 2099 of the Code of Vir-
ginia, as amended and re-enacted by an act approved February 25, 1892,
entitled an act to amend and re-enact section 2099 of the Code of Virginia,
1887, with relation to license required for catching fish for oil or manure.
Approved March 12, 1908.
1. Be it enacted by the general assembly of Virginia, That section
two thousand and ninety-nine of the Code of Virginia, as amended and
re-enacted by an act approved February twenty-fifth, eighteen hundred
and ninety-two, be further amended and re-enacted so as to read as
follows:
§2099. License required of persons, firms and corporations to catch
fish to be manufactured into oil, fish scrap or manure; what persons,
firms and corporations may obtain license; their oaths; license tax re-
quired; amount to be paid; how obtained; how tax collected; penalties
for violation.—Every person, firm and corporation owning a purse net,
seine or vessel of any description to be engaged in catching fish in any of
the waters of this Commonwealth, or waters within the jurisdiction of this
Commonwealth, to be manufactured into oil, fish scrap or manure, shall
first obtain from the circuit court of the county in which the factory
where such fish are to be so manufactured is located, or from the judge
of such court in vacation, a certificate authorizing such person, firm or
corporation, to obtain from the oyster inspector of the district wherein
such factory is located, a license to take and catch fish within the waters
of this Commonwealth or waters within the jurisdiction of this Com-
monwealth for the purposes aforesaid. If it be a corporation applying
for such certificate, said application shall be made by an officer or one
of the directors of such corporation. Before granting such certificate
the court, or judge thereof in vacation, shall require the person, or per-
sons applying for the same to disclose on oath—
First. The true name or names of the person or persons owning the
purse net, seine, vessel or other water craft, and all the apparatus there-
unto belonging, for which license to take and catch fish in the waters
aforesaid is desired, and, if it be a firm or corporation, the true names
of all the members of such firm or the stockholders of such corporation,
as the case may be.
Second. That all such persons, firm members and stockholders are,
and have been for twelve months next preceding, bona fide residents of
the State of Virginia.
Third. The name of each and every vessel, steamer or other water
craft, for which license to take and catch fish for the purposes aforesaid
is desired.
Fourth. That the owners of such purse net, seine, vessel or other
water craft, will not be concerned or interested with any non-resident
of this State in taking or catching fish in the waters of this Common-
wealth or waters within the jurisdiction of this Commonwealth, for the
purpose of manufacturing the same into oil, fish scrap or manure, or
in such manufacture.
Fifth. That the nets or vessels of any description thus to be employed
and for which license or licenses is, or are, desired, are not held by con-
tract or hire, charter or other agreement, with intention to return the
same at any subsequent time to any non-resident person, firm or cor-
poration.
Sixth. The place where the factory, which is to manufacture the fish
so taken and caught into oil, fish scrap or manure, is located.
Seventh. That during the period of the license the owners of the purse
net, seine, vessel or other water craft so to be employed will not violate
any of the laws of this State in regard to the taking and catching of
fish in the waters thereof.
Any person interested in the taking and catching of fish to be manu-
factured into oil, fish scrap or. manure, or in such manufacture, may
enter himself a party defendant to such application, and may oppose
the granting of such certificate, in which case the court, or judge thereof
in vacation, shall hear evidence for and against the same. No such
application shall be made before the judge of anv court in vacation
until notice that such application will be made shall have been posted
for at least ten days prior thereto at three or more public places in the
county in which the factory, which is to manufacture such fish into oil,
fish scrap or manure, as aforesaid, is located. All such notices shall be
posted in a conspicuous place and state the time and place the applica-
tion will be made. Upon the hearing of such application, if the court
or judge thereof in vacation shall be fully satisfied that the person, or
persons, owning such purse net, seine, vessel, steamer or other water
craft, for which license is desired, have all been bona-fide residents of the
State of Virginia for at least twelve months next preceding the time of
the application, and if the owner be a firm or corporation, that all the
members of such firm or the stockholders of such corporation, as the
case may be, have been bona fide residents of this State for the period
above mentioned; that all the purse nets, seines, vessels, steamers or
other water craft, and all the apparatus thereunto belonging, for which
license, or licenses, is, or are, desired, are owned exclusively by such
bona-fide residents of the State of Virginia and that no non-resident
of the State of Virginia or person who has not resided in this State
for at least twelve months next preceding is concerned or interested
with the applicant, either as partner, stockholder of a corporation or
otherwise, in the taking or catching of fish in any of the waters of this
State to be manufactured into oil, fish scrap or manure, or in such
manufacture; that the factory at which such fish are to be so manu-
factured is owned and controlled exclusively by bona-fide residents of
this State, and that no person who has not been a bona-fide resident of
this State for at least twelve months preceding is concerned or inter-
ested therein, as partner, stockholder of a corporation, or otherwise;
that the seine, purse net, vessel, steamer or other water craft, for which
license is desired is not held by contract of hire, charter or other agree-
ment, with intention to return the same at any subsequent time to any
non-resident person, firm or corporation; that all the disclosures, re-
quired by this act to be made under the oath of the person making such
application, are true; and that none of the laws of this State designed
to prohibit non-residents from fishing or being interested in the taking
or catching of fish, in the waters thereof to be manufactured into oil,
fish scrap or manure, or in such manufacture, will be violated or evaded
by the granting of such license, then the said court, or judge thereof in
vacation, shall grant a certificate to the owner of such purse net, seine,
vessel, steamer or other water craft, authorizing the said oyster inspector
to issue to said owner a license for each of the purse nets, seines, ves-
sels, steamers or other water.craft, for which license is desired, and
which is entitled to be licensed according to the provisions of this act.
Upon the presentation of said certificate, the oyster inspector of the
district aforesaid shall issue to said owner a license for each of the
purse nets, seines, vessels, steamers or other water craft, for which he
is authorized by said certificate to issue license, according to the pro-
visions of subsection two of section two thousand and eighty-six of the
Code of Virginia, as amended,.which license shall state name of the
owner and the name of the vessel, steamer or other craft so licensed:
provided, however, that nothing herein shall be construed to prevent
the owner of the seine, purse net, vessel, steamer or other craft so licensed
as aforesaid from employing any non-resident to command or work said
seine, purse net, vessel, steamer or other craft: and, provided, further,
that if any vessel, steamer or other water craft so licensed, as aforesaid.
becomes disabled for use during the period for such license, the owner
thereof may, with the consent of the court, or judge thereof in vacation,
granting such certificate, hire or charter a vessel, steamer or other craft
belonging to a non-resident to take the place of the one so disabled for
the unexpired period of such license, in which case the oyster inspector
shall transfer the license issued for the disabled vessel, steamer or other
craft to the one so hired or chartered without requiring any additional
license therefor, for which transfer the said oyster inspector shall re-
ceive the fee to which he would be entitled for issuing an original
license. If any person, firm or corporation use or employ any purse
net, seine, vessel, steamer or other craft for the purpose of taking and
catching fish in the waters of this Commonwealth, or in waters within
the jurisdiction of this Commonwealth, to be manufactured into oil, fish
scrap or manure, or permit the same to be used or employed by another
for such purposes, without first obtaining a license therefor according
to the provisions of this act; or, if any person swear falsely in making
application for the certificate aforesaid, or otherwise violate any of the
provisions of this act, such person, firm or corporation shall be fined
not less than five hundred dollars and not exceeding two thousand dol-
lars, and all purse nets, seines, vessels, steamers or other craft, and all
fishing tackle, machinery or other thing used by such person, firm or
corporation in taking or catching fish or manufacturing them into oil,
fish scrap or manure, shall be forfeited to the Commonwealth.
2. The purpose of this act being to protect fish in the waters of the
Commonwealth, an emergency is hereby declared to exist, and this act
shall be in force from its passage.