Chap. 497.—An ACT to amend and re-enact sections 3184, 3187, 3188 and 3254
of the Code of Virginia. (H B 274]

Approved March 26, 1920.

1. Be it enacted by the general assembly of Virginia, That sec-
tions thirty-one hundred and eighty-four, thirty-one hundred and
eighty-seven, thirty-one hundred and eighty-eight and thirty-two hun-
dred and fifty-four of the Code of Virginia be amended and re-enacted
so as to read as follows:

Sec. 3184. Non-residents not allowed to catch fish for oil or
manure—No non-resident of this State shall take or catch any fish
in the waters thereof for the purpose of converting the same into oil,
fish scrap or manure; nor shall any non-resident be concerned or inter-
ested with any resident as partner, or otherwise, in taking or catching
fish in any of the waters of this State to be manufactured into oil,
fish scrap or manure, or in such manufacture. Nor shall any resident
of this State be concerned or interested with any non-resident as part-
ner, or otherwise, in taking or catching fish in any of the waters of
this State to be manufactured into oil, fish scrap or manure, or in such
manufacture, or knowingly permit any non-resident to use his name
for either purpose. Provided, however, that a non-resident may be-
come the owner of stock in a domestic corporation hereafter organized
though charter may have been heretofore granted for the purpose of
taking and catching fish for the purpose of manufacturing the same
into oil, fish scrap or manure, but it is hereby provided that any such
domestic corporation having non-resident stockholders shall not take
or catch fish in the waters of the Chesapeake bay and its tributaries
for the purpose of manufacturing the same into oil, fish scrap or
manure. Any person violating any of the provisions of this section
shall be fined not less than five hundred dollars nor exceeding two
thousand dollars, and a]l his interest in the vessel, boat or craft, and
in all purse nets, seines, fishing tackle, machinery or other thing used
in taking or catching fish or manufacturing them into oil, fish scrap
or manure, shall be forfeited to the Commonwealth.

Sec. 3187. License required of persons, firms and corporations to
catch fish to be manufactured into oil, fish scrap or manure ; applica-
tion for license; what persons, firms and corporations may obtain
license; their oaths.—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 Commonwealth for the purpose afore-
said. If it be a corporation applying for such certificate, said applica-
tion shall be made by an officer or one of the directors of such corpora-
tion. Before granting such certificate the court, or judge thereof in
vacation, shall require the person, or persons, 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
thereunto 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 ot
such corporation, as the case may be.

Second. That all such persons and firm members are, and have
been for twelve months next preceding, bona fide residents of the
State of Virginia, and if it be a corporation making said application.
whether or not all the stockholders thereof are and have been for
said period bona fide residents of this State, and whether or not said
corporation has been organized after the enactment of this law.

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. If said application be for license to catch and take fish
in the waters of the Chesapeake bay and its tributaries for the purpose
of converting the same into oil, fish scrap or manure, that the owners
of such purse net, seine, vessel or other water craft will not be con-
cerned or interested with any non-resident of this State in taking or
catching fish in the waters of this Commonwealth or waters within
the jurisdiction of this Commonwealth, for the purpose of manufactur-
ing the same into oil, fish scrap or manure, or in such manufacture.

Fifth. If the application be for license to take or catch fish for
the purpose above stated in the waters of the Chesapeake bay or its
tributaries, that the nets or vessels of any description thus to be em-
ployed and for which license or licenses is, or are, desired, are not
held by contract or hire, charter or other agreement, with intention to
return the same at any subsequent time to any non-resident person.
firm or corporation.

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 catch-
ing of fish in the waters thereof.

Sec. 3188. How application for license contested; court or judge
to be fully satisfied that applicant has complied with law; certificates.—
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 any 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 of the intended application. Upon the hearing of such applica-
tion, 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, that all the members of a firm 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, or otherwise, in the taking or catching of fish in any of the
waters uf this State to be manufactured into oil, fish scrap or manure,
or in such manutacture; that the factory at which such fish are to be
so manufactured 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 interested therein, as partner, or otherwise, that the
seine, purse net, vessels, steamer or other water craft for which license
is desired is not held by contract of hire, charter or other agreement,
with intention to return the same at any subsequent time to any non-
resident person, firm or corporation; that all the disclosures, required
by the preceding section 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 inter-
ested in the taking or catching of fish, in the waters therecf 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, vessels, steamers or other water craft,
for which license is desired, and which is entitled to be licensed. Pro-
vided, however, that if it shall satisfactorily appear to the court or
judge thereof in vacation that the applicant is a domestic corporation
organized since the enactment of this law and has therein a non-
resident stockholder or stockholders, then the court or judge thereof
in vacation shall issue a certificate authorizing the oyster inspector
of the district wherein the factory of said applicant is located, upon
the payment of the proper license tax and fee, to issue a license to such
applicant for each of the purse nets, seines, vessels, steamers or other
water craft for which license is desired and which is entitled to be
licensed to take and catch fish in the waters of this Commonwealth.
other than the waters of the Chesapeake bay and its tributaries, for the
purpose aforesaid.

Sec. 3254. Non-residents not to take or plant oysters, etc.—If anv
person other than a resident of this State, as defined in this chapter,
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.
he shall be fined not less than five hundred dollars nor more than
two thousand dollars for each offense. 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.