Chap. 509.—An ACT to amend and re-enact section 3160 of the Code of
Virginia. (H B 384]
Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion thirty-one hundred and sixty of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Sec, 3160. The commission of fisheries is hereby empowered to
re-establish, relocate and remark all lines of the Baylor survey which
cannot be otherwise relocated because of the loss or destruction of
marks which heretofore existed. For the purpose aforesaid it shall
have the right to employ surveyors, to examine witnesses and to make
physical examinations of the grounds to be resurveyed after having
first given notice of the time and place of such hearing or examination
and of the ground or grounds, line or lines to be relocated, re-estab-
lished or examined by an advertisement published once a week for
two consecutive weeks in some newspaper published in the county in
which such ground or grounds, line or lines are situated and by
posting notices for at least two weeks at the front door of the court
house of the county or counties in which said line or lines are located ;
if no newspaper is published in such county, then such notice shall
be published in a newspaper published in the nearest county in which
a paper is published.

From any finding of said commission relocating or re-establishing
any such line or lines, ground or grounds any ‘five or more citizens
of the Commonwealth who think a mistake has been made in such
relocation may by petition, filed within ninety (90) days from such
finding, to the circuit court of the county in which such ground is
situated, have a resurvey or a rehearing but the determination of
the said circuit court shall be final. Should the petitioners prevail the
cost of such rehearing shall be borne by the State and paid out of
the oyster fund, but should such petitioners not prevail the cost
shall be borne by them and they shall upon filing their petition give
a bond in a penalty to be fixed by the court or judge thereof in
vacation conditioned to pay all cost that may be awarded against
them, such bond shall have sureties approved by the clerk of the
court in which such petition is filed.

When such a ground or grounds, line or lines shall have been
re-established and relocated, the same shall be taken and accepted
as conclusive evidence in all courts of the Commonwealth that the
grounds so ascertained to be natural oyster rocks, beds or shoals
are such; and that all grounds lying outside of such boundaries are
grounds open to rental under the laws of this State. Plats shall be
made under the direction of the said commission showing the re-
establishment of such lines and shall be recorded in the appropriate
clerk’s offices.

Said commission shall haxe attthority to declare closed for cer-
tain periods those public oyster grounds which it decides should be
given rest for recuperation or upon which the commission deposits
seeds or shells or may otherwise cultivate.