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
Volume | 1926 |
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Law Number | 394 |
Subjects |
Law Body
Chap. 394.—An ACT to amend and re-enact section 3249 of the Code of Vir-
ginia, in relation to seed oysters. (H B 411]
Approved March 24, 1926.
1. Beit enacted by the general assembly of Virginia, That section
thirty-two hundred and forty-nine of the Code of Virginia, be amended
and re-enacted so as to read as follows:
Section 3249. Carrying oysters out of the State, or buying for
that purpose prohibited; penalties.—It shall be unlawful for any per-
son to carry, or attempt to carry, or to buy for the purpose of carrying
out of this State any oysters taken from the natural rocks, beds or
shoals in the waters of this Commonwealth, until he has first obtained
for each cargo a permit to do so from the inspector from whose dis-
trict the said cargo is to be taken, or from the captain of one of the
oyster police boats, and has paid to the inspector or police captain
a tax of three cents per bushel on the number of bushels in said cargo.
Said permit shall be signed by the commissioner of fisheries and
countersigned by the said inspector or police captain, and it shall be
the duty of said commission to grant such permit, whenever after
examination by the commission of the seed areas and public hearing,
as hereinafter provided, the commission shall ascertain that it will
not injure or deplete said seed areas to grant such permits and that
the supplv of seed oysters is in excess of demand for seed oysters by
planters in the State of Virginia; and, provided, that the commission
shall have power to cease granting such permits whenever after
examination and public hearing, as hereinafter provided, the com-
mission shall ascertain that said seed areas are becoming depleted,
and that to continue to grant such permits would seriously injure
the same. The hearing hereinbefore provided for shall be held in
Newport News, Virginia, after advertising the same once,a week for
three consecutive weeks in a newspaper published in Newport News
and in a newspaper published in Norfolk, giving the time, place and
purpose of said hearing; provided, however, the public hearing herein
provided for, and the notice herein required to be given shall not
apply to the action of the commission of fisheries in first granting the
permit herein provided for, for the shipping of seed oysters out of this
State. Any person violating the provisions of this section shall, upon
conviction thereof, be confined in the penitentiary for one year, or
at the discretion of the jury, may be confined in jail not exceeding one
year, and fined not exceeding five hundred dollars. Moreover, all
boats and vessels, together with their tackle used in violating this
section and all oysters found thereon, shall be forfeited to the Com-
monwealth, in proceedings as provided for the enforcement of forfeit-
ures. If any oyster inspector or other person shall knowingly aid and
abet or shall collude with any person in the violation of this section,
he shall be deemed guilty of a misdemeanor and upon conviction
thereof, shall be confined in jail not exceeding six months and fined
not exceeding five hundred dollars.
All tax collected for carrying oysters out of the State shall be for-
warded by the inspector to the auditor of public accounts monthly,
with his other collection, out of which there shall be paid so much as
is necessary for the bacteriological work as required by the United
States public health bureau for the safe-guarding and protection of
the sea food industry of the State of Virginia, subject to the direction
of the governor.
The provisions of this section shall not apply to the shipments
out of this State of oysters in the shell known as barrel stock from
steamboat wharves and depots served by common carriers.
On and after January first, nineteen hundred and twenty-eight,
the revenue derived from this act shall go into the general fund and
be appropriated out under the budget.
-2. All acts and parts of acts in conflict with this act are hereby
repealed.