Chap. 98.—An ACT to amend the Code of Virginia by adding a new section
thereto, to be designated as section 3238-a, governing the taking or catching
of oysters in the Potomac river by means of hand scrapes ; prescribing penalties
for violations of the act; repealing all acts and parts of acts inconsistent there-
with; and providing that the same shall not take effect until a similar act
shall be made effective in the State of Maryland. [S B 62]

Approved March 10, 1934

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding a new section thereto, to be
designated as section thirty-two hundred and thirty-eight-a, and to read
as follows:

Section 3238a. It shall be lawful, between the first day of Novem-
ber and the first day of January of each year, and at no other time,
for any citizen of Virginia or of Maryland, complying with the pro-
visions of this section, to take or catch marketable oysters with hand
scrapes, not exceeding forty pounds in weight or thirty-six inches in
width, from the Potomac river; provided, however, that it shall be
unlawful to take or catch oysters by hand scrapes, under the provisions
of this section, between the hours of sundown and sunrise. Any citizen
of this State desiring to take or catch oysters with hand scrapes from
the Potomac river shall first obtain, by application to the oyster in-
spector of the district, wherein he may reside, or the proper authorities
of Maryland, in case of citizens of Maryland, a license for each boat
to be so used, the license fee to be ten dollars ($10.00) for each boat.
It shall be unlawful for any boat licensed under the provisions of this
section to have on it more than three persons or more than one scrape
or any winding apparatus or attachment of any kind whatsoever. It
shall be lawful to use boats propelled by power or otherwise in taking
oysters by hand scrapes under the provisions of this section. Any per-
son violating the provisions of this section, upon conviction thereof,
shall be punished by a fine of twenty-five dollars ($25.00) for the first
offense, and for each succeeding offense seventy-five dollars ($75.00),
or by the confiscation of his boat, equipment and cargo, or both, in the
discretion of the court or jury trying the case.

In any prosecution for the violation of this section, the possession of
a hand scrape in a boat on the Potomac river shall be prima facie evi-
dence that the boat was being used for hand scraping purposes.

2 All acts and parts of acts, inconsistent with the provisions of this
act, are hereby repealed to the extent of such inconsistency.

3. The provisions of this act shall not take effect until a similar act
becomes effective in the State of Maryland, whereupon the Governot
of Virginia shall issue a proclamation declaring the provisions of this

act to be effective.