Chap. 318.—An ACT to amend and re-enact section 3233 of the Code of Vir-
ginia, relating to re-survey of oyster planting grounds, and to the natural
oyster rocks, beds and shoals. [H B 88]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That section
thirty-two hundred and thirty-three of the Code of Virginia, be amended
and re-enacted so as to read as follows:

Section 3233. When, by any re-survey of oyster planting ground
or survey made to re-establish the lines of the State survey of natural
oyster beds, rocks or shoals, which shall hereafter be made under the
direction of the commission of fisheries, it shall appear that any holder,
without his own default, and by mistake of any officer of the State
has had assigned to him and included in the plat of his assignment any
portion of the natural oyster beds, rocks or shoals, as defined by law,
and such holder shall file a petition with the commission for leave to
remove such oysters or shells from said ground, and the commission
after hearing evidence shall be of opinion that the holder has oysters
or shells planted on the said ground, and that without default of the
holder and by mistake of an officer of the State there has been assigned
to him and included in the plat of his assignment a portion of the
natural oyster beds, rocks or shoals as defined by law, then the com-
mission may allow the holder a reasonable time, not exceeding two
years, within which to remove the said oysters, their increase and the
shells therefrom; and any person other than the said holder, his agents
or employees, going upon the said ground and taking oysters and
shells therefrom before the expiration of the time allowed said holder,
shall be deemed guilty of larceny thereof, and shall be punished as
provided by this act for the larceny of oysters. Provided, however,
that upon filing of a petition by the lessee affected by the re-survey as
hereinbefore provided, the commission shall fix the time for a public
hearing, which time shall not be less than two weeks thereafter, and
shall cause to be posted at the court house of the county wherein the
said oyster land lies, a notice to the public that a hearing will be had
on the petition, giving the date thereof and the place of holding such
hearing, and admonish those who may be interested to appear before
the commission if they desire to oppose the granting of the prayer of
the petition. At such hearing the testimony shall be taken and reduced
to typewriting, and be a part of the record, along with the petition. In
the event that petitioner or any other party feel himself aggrieved by
the judgment of the commission, at the conclusion of the hearing
such party may appeal from the decision of the commission to the
circuit court of the county wherein the land may lie, and thereupon
the commission shall certify the record in the case, including the pe-
tition and evidence, and the finding of the commission, to the said cir-
cuit court, and the court shall thereupon review the record and enter
such order as the court may deem right and proper, but on the appeal
no new evidence may be introduced.