Chap. 504.—An ACT to provide for appeals from the action of the commission
of fisheries in leasing or refusing to lease oyster planting grounds in the

Chesapeake bay. [S B 400]
Approved March 26, 1928

1. Be it enacted by the gereral assembly of Virginia, That any
action of the commission of fisheries in leasing or refusing to make
such a lease of oyster planting grounds in the Chesapeake bay, any
person feeling himself aggrieved by such action shall have the right
within thirty days from the making public of such decision by the
commission, to appeal therefrom to the circuit court of the county
opposite whose shore or a part thereof, such area in the Chesapeake
bay lies. Such appeal, or rehearing, shall be, by petition, filed with
the clerk of said court, a copy of which shall be served upon the
commissioner of fisheries and upon the applicant or applicants, when
not the petitioner or petitioners, and shall be served at least thirty
days before the term at which it is tried. The commissioner and
applicant, or applicants, may answer the petition in writing, which
answer, or answers, shall be filed at least five days before the hearing
and a copy, or copies, thereof furnished the party, or parties appealing.
The hearing shall be oretenus before the judge without a jury, shall
be tried de novo, and the judgment of said circuit court shall be final.
Should the petitioner, or petitioners, prevail the cost of such appeal
shall be borne by the State and paid out of the oyster fund, otherwise
they shall be paid by the party, or parties, appealing.