CHAP. 461.—An ACT to amend and re-enact sections 6, 10, 35 and 86 of
an act approved March 17, 1910, entitled an act to revise, amend and
consolidate into one act certain laws relating to oysters, fish, clams
crabs and other shellfish, and to repeal all acts or parts of acts o
the general assembly, and any section or sections of the Code of Vir-
ginia in conflict with the provisions of this act. (H. B. 165.)

Approved March 22, 1916.

1. Be it enacted by the general assembly of Virginia, That
sections six, ten, thirty-five and thirty-six of an act approved
March seventeenth, nineteen hundred and ten, entitled an act
to revise, amend and consolidate into one act certain laws relat-
ing to oysters, fish, clams, crabs and other shellfish and to re-
peal all acts or parts of acts of the general assembly, and any
section or sections of the Code of Virginia in conflict with the
provisions of this act, be amended and re-enacted so as to read
as follows:

Section (6). ‘Assignment of other planting grounds; sur-
veys; marking.—The residue of such water front in excess of
what is already assigned or is reserved in the preceding section
for the riparian owner, and the residue of the beds of the bays,
rivers and creeks and shores of the sea other than natural oy-
ster beds, rocks or shoals, as defined by law, may be occupied
for the purpose of planting or propagating oysters thereon, by
any resident of the State, or by any corporation charted under
the laws of this State, for the purpose of oyster culture and the
oyster business, and it shall be lawful for non-residents to be
stockholders in such a corporation; provided said corporation
employ only resident labor in planting, cultivating and mar-
Keting the oysters grown on the ground or land so occupied;
and provided its principal place of business for selling and mar-
keting said oysters be maintained within this State and the
provisions of this section shall be incorporated in any lease of
oyster grounds in this State to any such corporation, and the
violation thereof shall forfeit the lease. It shall be the duty of
any such resident, or any such corporation, desiring to obtain
a location for planting or propagating oysters in any portion of
such water front and beds of the bays, rivers and creeks and
shores of the sea aforesaid, to apply to the inspector of the dis-
trict in which such land lies to have the location ascertained,
designated, surveyed and assigned, and sixty days after the
posting of the copy required in section seven, the inspector
shall notify the county surveyor or such surveyor as may be
designated by the commission of fisheries, to proceed to survey
said ground and make a plat of the same, and the ground shall
be marked, at the cost of the applicant, at the time the survey
is made, and at the direction of the surveyor, with suitable
stakes, smooth and free from snags and spurs, and suitable
stakes shall be kept by the lessee in their proper places at all
times during the continuance of such lease so as to conform ac-
curately to the survey. And should such stakes be removed, rot
down, or be carried away, the lessee shall replace them in their
proper places, and if he fails to do so within thirty days after
being notified by the inspector of the district in which the
ground lies, the said lessee shall have no claim against any
person for trespassing on said ground in any way.

Sec. (10). Subrenting or assignment.—If any person should
subrent or assign his rights in oyster-planting ground it shall be
only to a resident of this State, or to a corporation authorized by
law to occupy and hold oyster-planting ground, after notifying
the inspector of his intention, and then the subrenting or assign-
ing shal] be in writing, and said writing shall describe accurately
the ground subrented, or assigned, and be recorded in the clerk’s
Office of the county as the original survey and plat were re-
corded and under the same conditions. The subrenter, or as-
signee, shall have all the rights and privileges of the original
renter, for the unexpired term of the original lease, unless he
be a non-resident citizen of the State, in which case any such
assignment shall be void.

Sec. (35). Citizens not to be interested with non-resident;
penalty.—If any citizen of this State shall, for market or profit,
be concerned or interested with any person not a resident there-
of, in taking or catching crabs, clams, oyster, terrapins or other
shellfish, in any of the waters of this State, or in planting oy-
sters therein, or shall knowingly permit any person, not a resi-
dent of this State, to engage in any such business in his name
for market or profit, he shall be fined not less than one hundred
nor more than five hundred dollars for each offense; provided,
however, that the restrictions as to residence in this section shall
not prevent a resident from owning stock in a corporation in
which non-residents are stockholders, if said corporation is
authorized by law to occupy oyster planting ground.

Sec. (36). Non-residents not to take or plant oysters, and
so forth; nor own stock in fishing corporations; penalty, for-
feiture; list of officers, directors and stockholders to be filed with
State Corporation Commission.—If any person other than a
resident of this State, as defined in this act, shall take or catch
crabs, clams, oysters, terrapin, or other shellfish in any of the
waters of this State for market or profit, or if any person
other than a resident of this State or a corporation authorized
by law to occupy and hold oyster planting grounds, rent any
oyster-planting ground, or plant oysters in any of the waters of
the State, or become a stockholder directly or indirectly inter-
ested in any corporation chartered for the purpose of engaging
in the fish business, other than the oyster business, in the waters
of this State for market or profit, or for the purpose of convert-
ing the same into oil, manure or fertilizer, he shall be fined not
less than five hundred dollars nor more than two thousand dol-
lars for each offense, and the interest in such stock of any non-
resident holder thereof shall be null and void and be forfeited
to the Commonwealth under the provisions relating to for-
feiture. Every such non-reident holder of stock shall, upon
notice so to do, by order of publication, ordered by the court
having jurisdiction of the proceedings, surrender the certifi-
cate or certificates of stock so held by him to the sheriff of the
court aforesaid, to be held by the said sheriff to be disposed of
according to the provisions relating to forfeitures, and in the
event he fails to do so upon such notice, the court aforesaid may
compel the corporation which issued such certificate or certifi-
cates to issue in the name of the person so holding the original,
a duplicate of such certificate or certificates of stock and sur-
render the same to the sheriff aforesaid. Such duplicate certi-
ficate or certificates of stock shall be disposed of according to
the provisions provided for the disposal of property forfeited
to the Commonwealth, and the said original certificate or cer-
tificates of stock shall be null and void in the hands of any per-
son. Where the penalty is incurred by reason of the defendant
being a non-resident, the burden of proof as to his residence
shall be on him. And every such corporation chartered for the
purpose aforesaid shall make and file in the office of the State
corporation commission, at the time of its application for a
charter, and every six months after granting thereof during
the term of its existence, a list of its officers, directors and stock-
holders, duly sworn to by its president and secretary; and, if
such list is not-so made and filed, the said corporation shall be
subject to a fine of not less than one hundred dollars nor more
than five hundred dollars, to be imposed and judgment entered
therefor by the said commission, and enforced by its process;
and, at the option of the said commission, its charter shall be
revoked for its failure so to do.