CHAPTER 102

evise, rearrange, amend and codify the general laws of Vir-
elating to boundaries, jurisdiction and emblems of the Com-
uth; to that end to repeal Title 7 of the Code of Virginia,
ttle includes Chapters 1 to 5 and §§ 7-1 to 7-86, inclusive, of
le of Virginia, as amended, which title relates to boundaries,
tion and emblems of the Commonwealth; to amend the Code of
a by adding thereto, in lieu of the foregoing title, chapters and
} of the Code repealed by this act, a new title numbered 7.1,
ttle includes new chapters numbered 1 to 5, inclusive, and new
numbered 7.1-1 to 7.1-88, inclusive, relating to boundaries,
tion and emblems of the Commonwealth; to prescribe when
such revision and récodification shall become effective, and to repeal
all acts and parts of acts in-conflict with the provisions of this act.

{H21]
Approved March 5, 1966

Be it enacted by the General Assembly of Virginia:

1. That Title 7 of the Code of Virginia, which title includes Chapters
1 to 5 and 8§ 7-1 to 7-36, inclusive, of the Code of Virginia, as amended,
is repealed. :

2. That the Code of Virginia be amended by adding thereto, in lieu of
the title, chapters and sections of the Code of Virginia herein repealed,
a new title numbered 7.1, new chapters numbered 1 to 5, inclusive, and
new sections numbered 7.1-1 to 7.1-38, inclusive, which new title, chapters
and sections are as follows:

CHAPTER 1.

Boundaries and Compacts With Adjoining States.

§ 7.1-1,_ The charter of the tenth of April, sixteen hundred and six,
granted by James the first, in the fourth year of his reign, having au-
thorized the first plantation at any place upon the coast of Virginia be-
tween the thirty-fourth and forty-first degrees of north latitude; and
granted the territory from the seat of the plantation (which under
this charter was begun at Jamestown), for fifty miles along the coast to-
wards the west and southwest, as the coast lay, and for fifty miles along
the coast, towards the east and northeast, or towards the north, as the
coast lay, together with all the islands within one hundred miles directly
over against the seacoast, and all the territory from the same fifty miles
every way on the seacoast, directly into the mainland for the space of
one hundred miles: The second charter of James, dated the twenty-third
of May, sixteen hundred and nine, in the seventh year of his reign, having
granted all the territory from the point of land called Cape or Point Com-
fort, all along the seacoast to the northward two hundred miles, and from
the said point of Cape Comfort all along the seacoast to the southward
two hundred miles, and all that space and circuit of land lying from the
seacoast of the precinct aforesaid, up into the land, throughout from sea
to sea, west and northwest, and also all the islands lying within one hun-
dred miles along the coast of both seas of the precinct aforesaid: The
third charter of James, dated the twelfth of March, sixteen hundred and
eleven-twelve, in the ninth year of his reign, having granted all the islands
in any part of the seas within three hundred leagues of any territory
granted in the former patents: Under the treaty of peace between Great
Britain and France in the year seventeen hundred and sixty-three, a line
drawn along the middle of the river Mississippi having become Virginia’s
western boundary: And the people of Virginia, when they adopted their
Constitution or form of government, on the twenty-ninth of June, seven-
teen hundred and seventy-six, having by the twenty-first section thereof
ceded, released, and confirmed to the people of Maryland, Pennsylvania,
North and South Carolina, such parts of the territory of Virginia
as were contained within the charters erecting those colonies, with all
the rights in those parts which might theretofore have been claimed by
Virginia, except the free navigation of the rivers Potomac and Pocomoke,
with the property of the Virginia shore or strands bordering on either
of the said rivers, and all improvements thereon; and having at the same
time laid down in the said section that the western and northern extent
of Virginia should in all other respects stand as fixed by the said charter
of James the first, granted in sixteen hundred and nine, and by the
treaty of peace between Great Britain and France in seventeen hundred and
sixty-three, unless by act of the legislature one or more territories should
thereafter be laid off, and governments established, westward of the Alle-
ghany Mountains: The General Assembly of Virginia does hereby de-
clare that the territory of this Commonwealth and the boundaries thereof
remain as they were after the Constitution was adopted on the twenty-
ninth of June, seventeen hundred and seventy-six, except so much thereof
as constitutes the territory of West Virginia and its boundaries, and ex-
cept also as limited by the following sections of this chapter.

§ 7.1-2. (1) The jurisdiction of this State shall extend to and over,
and be exercisable with respect to, waters offshore from the coasts of this
State as follows:

(a) The marginal sea to its outermost limits as said limits may
from time to time be defined or recognized by the United States of America
by international treaty or otherwise.

(b) The high seas to whatever extent jurisdiction therein may be
claimed by the United States of America, or to whatever extent may be
recognized by the usages and customs of international law or by any agree-
ment, international or otherwise, to which the United States of America
or this State may be party.

(c) All submerged lands, including the subsurface thereof, lying
under said aforementioned waters.

(2) The ownership of the waters and submerged lands enumerated
or described in subsection (1) of this section shall be in this State unless
it shal] be, with respect to any given parcel or area, in any other person
or entity by virtue of a valid and effective instrument of conveyance or
by operation of law.

_ (3) Nothing contained herein shall be construed to limit or restrict
in ahy way:

(a) The jurisdiction of this State over any person or with respect
to any subject within or without the State which jurisdiction is exer-
cisable by reason of citizenship, residence or for any other reason recog-
nized by law; and

(b) The jurisdiction or ownership of or over any other waters or
lands thereunder, within or forming part of the boundaries of this State.
Nor shall anything herein be construed to impair the exercise of legislative
jurisdiction by the United States of America over any area to which such
jurisdiction has been validly ceded by this State and which remains in the
ownership of the United States of America.

(4) Nothing in this section shall alter the geographic area to which
any statute of this State applies if such statute specifies such area pre-
cisely in miles or by some other numerical designation of distance or po-
sition. However, nothing in any such statute or in this section shall be
construed as a waiver or relinquishment of jurisdiction or ownership by
this State over or in any area to which such jurisdiction or ownership ex-
tends by virtue of this section or any other provision or rule of law.

§ 7.1-3. The General Assembly of Virginia having, on the second of
January, seventeen hundred and eighty-one, resolved that this Common-
wealth would on certain conditions yield for the benefit of the United
States all her right to the territory northwest of the river Ohio; having,
after the act of Congress of the thirteenth of September, seventeen hun-
dred and eighty-three, passed a formal act on the twentieth of Decem-
ber, seventeen hundred and eighty-three, authorizing the transfer to the
United States of all right, as well of soil as of jurisdiction, which this
Commonwealth had to the territory, subject to the terms and conditions
contained in the act of Congress; the deed of cession having been made ac-
cordingly, and an act of Assembly having afterwards been passed on the
thirtieth of December, seventeen hundred and eighty-eight, whereby, after
referring to an ordinance for the government of the territory, passed by
Congress on the thirteenth of July, seventeen hundred and eighty-seven,
and reciting a particular article declared in the ordinance to be part of the
compact between the original states and the people and states in the ter-
ritory, the article of compact was ratified and confirmed: It is hereby de-
clared that such cession is to be deemed and taken according to the true
intent and meaning of the acts and deed aforesaid, and subject to all the
terms and conditions therein expressed.

§ 7.1-4. The boundary line between Virginia and North Carolina
having been run part of the way by Joshua Fry and Peter Jefferson, com-
missioners from Virginia, together with others from North Carolina; and
after the inhabitants of this Commonwealth and those of North Carolina
had settled themselves farther westward than the line was so run, the
General Assembly of Virginia having, at October session, seventeen hun-
dred and seventy-eight, passed an act under which Thomas Walker and
Daniel Smith were appointed commissioners on the part of this State to
meet others on the part of North Carolina, and extend and mark the line
between Virginia and North Carolina, which commissioners on the part of
this State made a report of the line run under the act; and the line so
run, commonly called and known by the name of Walker’s line, having
been established as the boundary between North Carolina and this Com-
monwealth, first by the legislature of that State, and then, on the seventh
of December, seventeen hundred and ninety-one, by an act of the General
Assembly of this State: It is hereby declared that the line so run by Fry
and Jefferson, and afterwards extended by Walker and Smith as before
mentioned, constitutes the boundary line between Virginia and North
Carolina; but the claims for lands lying between Walker’s line and the
line commonly called Henderson’s line, are to be decided in favor of the
oldest title, whether derived from this Commonwealth or from the State
of North Carolina.

§ 7.1-5. The boundary line between the States of Virginia and Ten-
nessee shall be and remain the same as established by the Supreme
Court of the United States in the case of Tennessee v. Virginia, 190 U.S.64,
23 S. Ct. 827, 47 L.Ed. 956, so much of the boundary line as lies in the
city of Bristol being established by an act of Assembly approved Febru-
ary 9, 1901, entitled ““An act to accept the cession by the State of Ten-
nessee to the State of Virginia, of a certain narrow strip of territory
claimed as belonging to the State of Tennessee, and described as lying
between the northern boundary line of the city of Bristol, in the county
of Sullivan, State of Tennessee, and the southern boundary line of the city
of Bristol, in the county of Washington, State of Virginia, being the
northern half of the main street of the said two cities,” which line out-
side of the city of Bristol is marked by monuments as described in the
decree in the above styled cause.

§ 7.1-6. The General Assembly of Virginia having, on the eighteenth
of December, seventeen hundred and eighty-nine, passed an act au-
thorizing a convention to be held in the district of Kentucky, to consider
and determine whether it was expedient for the people of the said dis-
trict that the same should be erected into an independent state on the
terms and conditions set forth in eight articles, the first of which was, that
the boundary between the proposed State and Virginia should remain the
same as then separated the district from the residue of the Common-
wealth of Virginia: The convention so held having approved of the erec-
tion of the district into an independent State on those terms and condi-
tions, and having according to the act fixed a day posterior to the first
day of November, seventeen hundred and ninety-one, on which the au-
thority of this Commonwealth and of its laws, under the exceptions afore-
said, should cease and determine over the proposed State, and the articles
become a solemn compact mutually binding on the parties, and unalterable
by either without the consent of the other: the State so formed within
the jurisdiction of Virginia with the consent of the legislature thereof,
having upon the first day of June, seventeen hundred and ninety-two, by
virtue of an act of Congress, approved the fourth of February, seventeen
hundred and ninety-one, been admitted by the name of Kentucky into this
Union, as a member of the United States: Commissioners having after-
wards been appointed to adjust the boundary line between Virginia and Ken-
tucky, who agreed that the boundary line between such States should be and
remain as follows: “To begin at the point where the Carolina, now Tennessee
line, crosses the top of the Cumberland Mountain, near Cumberland Gap;
thence northeastwardly along the top or highest part of the said Cum-
berland Mountain, keeping between the head waters of Cumberland and
Kentucky Rivers on the west side thereof, and the head waters of Powell’s
and Guest’s Rivers, and the Pound fork of Sandy, on the east side thereof,
continuing along the said top or highest part of said mountain, crossing
the road leading over the same at the little Paint Gap, where by some
it is called the Hollow Mountain, to where it terminates at the west fork
of Sandy, commonly called Russell’s fork ; thence with a line to be run north
forty-five degrees east, till it intersects the other great principal branch
of Sandy, commonly called the northeastwardly branch; thence down the
said northeastwardly branch to its junction with the main west branch and
down main Sandy to its confluence with the Ohio:” And by an act of the
General Assembly of Virginia, passed the thirteenth of January, eighteen
hundred, the boundary line between this State and Kentucky having been
established, as laid down by the commissioners, whose report is set forth
in the act: It is hereby declared that the line so laid down, except such
part as constitutes the boundary line between West Virginia and Ken-
tucky, remains the true boundary line between Virginia and Kentucky; but
all claims to lands founded on entries in any surveyor’s office of the State
of Kentucky, made after the separation thereof from this State, and be-
fore the thirteenth day of January, eighteen hundred, which, by means
of the establishment of the boundary line above mentioned, have fallen
into this State, shall be as valid as if such entries had been made in the
proper surveyors’ offices of this State. It is also hereby declared, that the
articles set forth in the act of the eighteenth December, seventeen hundred
and eighty-nine, remain a solemn compact mutually binding on the States
of Virginia and Kentucky, and unalterable by either without the consent
of the other, by which articles it was stipulated thirdly, that all private
rights and interests of lands within Kentucky, derived from the laws of
Virginia, prior to the separation, shall remain valid and secure under the
laws of Kentucky, and be determined by the laws existing in Virginia
when the act passed; fourthly, that the lands within Kentucky, of non-
resident proprietors, should not in any case be taxed higher than the
lands of residents at any time prior to the admission of Kentucky to a
vote by its delegates in Congress, where such nonresidents reside out of the
United States; nor at any time either before or after such admission,
where such nonresidents reside within this Commonwealth, within which
this stipulation should be reciprocal; or where such nonresidents reside
within any other of the United States, which should declare the same
to be reciprocal within its limits; fifthly, that no grant of land or land war-
rant issued by Kentucky, should interfere with any warrant issued from
the land office of Virginia, which should, on or before the first day of
September, seventeen hundred and ninety-one, be located on land within
Kentucky, liable thereto at the date of that act; eighthly, that in case of any
complaint or dispute should at any time arise between Virginia and Ken-

, concerning the meaning or execution of the foregoing articles, the
same should be determined by six commissioners, of whom two should be
chosen by each of the parties, and the remainder by the commissioners so
first appointed.

§ 7.1-7. Commissioners appointed by the General Assembly of the
State of Maryland, and also of the State of Virginia, having met at Mount
Vernon, in Virginia, on the twenty-eighth day of March, in the year seven-
teen hundred and eighty-five, and mutually agreed to a compact; the said
compact having been confirmed, first by the General Assembly of Mary-
land, and afterwards, on the third day of January, seventeen hundred
and eighty-six, by an act of the General Assembly of Virginia: It is
hereby declared that the said compact remains obligatory, except so far as
it may have been superseded by the provisions of the Constitution since
formed for the United States; and it shall be faithfully observed and kept
by this government and all its citizens, so far as may not be incompatible
with the said Constitution. Amongst the articles of the said compact are
the following:

“Seventh, The citizens of each State, respectively, shall have full
property in the shores of Potowmack River adjoining their lands, with all
emoluments and advantages thereunto belonging, and the privilege of
making and carrying out wharves and other improvements, so as not to ob-
struct or injure the navigation of the river; but the right of fishing in
the river shall be common to, and equally enjoyed by, the citizens of both
States: Provided, that such common right be not exercised by the citizens
of the one State to the hindrance or disturbance of the fisheries on
the shores of the other State; and that the citizens of neither State shall
have a right to fish with nets or seines on the shores of the other;

“Eighth, All laws and regulations which may be necessary for the
preservation of fish, or for the performance of quarantine in the river
Potowmack, or for preserving and keeping open the channel and navigation
thereof, or of the river Pocomoke, within the limits of Virginia, by pre-
venting the throwing out ballast, or giving any other obstruction thereto,
shall be made with the mutual consent and approbation of both States;

“Tenth, All piracies, crimes, or offenses committed in that part of
Chesapeake Bay which lies within the limits of Virginia, or that part of
the said bay where the line of division from the south point of Potow-
mack River (now called Smith’s point) to Watkin’s point, near the mouth
of Pocomoke River, may be doubtful, and on that part of Pocomoke River
within the limits of Virginia, or where the line of division between the
two States upon the said river is doubtful, by any persons not citizens of
the Commonwealth of Virginia, against the citizens of Maryland, shall be
tried in the court of the State of Maryland, which hath legal cognizance of
such offense. And all piracies, crimes, or offenses committed on the before
mentioned parts of Chesapeake Bay and Pocomoke River, by any persons,
not citizens of Maryland, against any citizens of Virginia, shall be tried in
the court of the Commonwealth of Virginia, which hath legal cognizance of
such offense. All piracies, crimes, and offenses committed on the said parts
of Chesapeake bay and Pocomoke river, by persons not citizens of either
State, against persons not citizens of either State, shall be tried in the
court of the Commonwealth of Virginia, having legal cognizance of such
offenses. And all piracies, crimes, and offenses committed on the said parts
of Chesapeake Bay and Pocomoke River, by any citizen of the Common-
wealth of Virginia, or of the State of Maryland, either against the other,
shall be tried in the court of that State of which the offender is a citizen. The
jurisdiction of each State over the river Potowmack, shall be exercised
in the same manner as is prescribed for the before-mentioned parts of
Chesapeake Bay and Pocomoke River, in every respect, except in the
case of piracies, crimes, and offenses committed by persons not citizens
of either State, upon persons not citizens of either State, in which case
the offenders shall be tried by the court of the State to which they shall
first be brought. And if the inhabitants of either State shall commit any
violence, injury, or trespass, to or upon the property or lands of the
other, adjacent to the said bay or rivers, or to any person upon such
lands, upon proof of due notice to the offender to appear and answer, any
court of record, or civil magistrate of the State where the offense shall
have been committed, having jurisdiction thereof, may enter the appear-
ance of such person, and proceed to trial and judgment, in the same man-
ner as if legal process had been served on such offender; and such judg-
ment shall be valid and effectual against the person and property of such
offender, both in the State where the offense shall have been committed,
and also in the State where the said offender may reside; and execution
may be issued by the court or magistrate giving such judgment, in the
same manner as upon judgments given in other cases; or upon a transcript
of such judgment, properly authenticated, being produced to any court or
magistrate of the State where such offender may reside, having jurisdiction
within the State or county where the offender may reside, in cases of a
similar nature, such court or magistrate shall order execution to issue
upon such authenticated judgment, in the same manner, and to the same
extent, as if the judgment had been given by the court or magistrate to
which such transcript shall be exhibited.

“Eleventh, Any vessel, entering into any port of the river Potow-
mack, may be libelled or attached for debt by process from the State in
which such vessel] entered. And if the commercial regulations of either
State shall be violated by any person carrying on commerce in Potow-
mack or Pocomoke Rivers, the vessel owned or commanded by the person
so offending, and the property on board may be seized by process from
the State whose laws are offended, in order for trial. And if any person
shall fly from justice in a civil or criminal case, or shall attempt to
defraud creditors by removing his property, such person, or any property
so removed, may be taken on any part of Chesapeake Bay, or the rivers
aforesaid, by process of the State from which such person shall fly, or
property be removed; and process from the State of Virginia may be
served on any part of the said rivers, upon any person, or property of
any person not a citizen of Maryland, indebted to any citizen of Virginia,
or charged with injury having been by him committed; and process from
the State of Maryland may be served on any part of the said rivers, upon
any person, or property of any person, not a citizen of Virginia, indebted
to a citizen of Maryland, or charged with injury by him committed. And in
all cases of trial in pursuance of the jurisdiction settled by this compact,
citizens of either State shall attend as witnesses in the other, upon a sum-
mons from any court or magistrate, having jurisdiction, being served by a
proper officer of the county where such citizen shall reside.”

The General Assembly of the State of Virginia, and the General Assembly
of the State of Maryland, having appointed the Hon. Jeremiah S. Black,
of Pennsylvania, the Hon. James B. Beck, of Kentucky, and the Hon.
Charles A. Jenkins, of Georgia, arbitrators to settle and determine the
true line of boundary between the States of Virginia and Maryland, and
a majority of said arbitrators having ascertained and determined the said
true line of boundary, and having, on January sixteenth, eighteen hundred
and seventy-seven, made an award as to the same in words following, to-
wit: “January sixteenth, Anno Domini, eighteen hundred and seventy-
seven, the undersigned, being a majority of the arbitrators to whom the
States of Virginia and Maryland, by acts of their respective legislatures,
submitted the controversies concerning their territorial limits, with au-
thority to ascertain and determine the true line of boundary between
them, having heard the allegations of the said States, and examined the
proofs on both sides, do find, declare, award, ascertain, and determine
that the true line of boundary between the said States, so far as they are
coterminous with one another, is as follows, to-wit:

“Beginning at the point on the Potomac River where the line between
Virginia and West Virginia strikes the said river at low-water mark, and
thence, following the meanderings of said river, by the low-water mark, to
Smith’s point, at or near the mouth of the Potomac, in the latitude
thirty-seven degrees, fifty-three minutes, eight seconds, and longitude sev-
enty-six degrees, thirteen minutes, forty-six seconds; thence crossing the
waters of the Chesapeake Bay, by a line running north sixty-five degrees,
thirty minutes east, about nine and a half nautical miles, to a point on the
western shore of Smith’s island, at the north end of Sassafras hammock, in
latitude thirty-seven degrees, fifty-seven minutes, thirteen seconds, longi-
tude seventy-six degrees, two minutes, fifty-two seconds; thence across
Smith’s island, south, eighty-eight degrees, thirty minutes east, five thou-
sand six hundred and twenty yards to the centre of Horse hammock, on
the eastern shore of Smith’s island, in latitude thirty-seven degrees, fifty-
seven minutes, eight seconds, longitude seventy-five degrees, fifty-nine
minutes, twenty seconds; thence south seventy-nine degrees, thirty min-
utes east, four thousand eight hundred and eighty yards, to a point
marked ‘A’ on the accompanying map, in the middle of Tangier sound, in
latitude thirty-seven degrees, fifty-six minutes, forty-two seconds, longi-
tude seventy-five degrees, fifty-six minutes, twenty-three seconds, said
point bearing from Jane’s island light, south, fifty-four degrees west, and
distant from that light three thousand five hundred and sixty yards; thence
south ten degrees, thirty minutes, west four thousand seven hundred and
forty yards, by a line dividing the waters of Tangier sound to a point where
it intersects the straight line from Smith’s point to Watkins’ point, said
point of intersection being in latitude thirty-seven degrees, fifty-four
minutes, twenty-one seconds; longitude seventy-five degrees, fifty-six min-
utes, fifty-five seconds, bearing from Jane’s island light south, twenty-
nme degrees west, and from Horse hammock, south, thirty-four degrees,
thirty minutes east; this point of intersection is marked ‘B’ on the ac-
companying map; thence north eighty-five degrees, fifteen minutes, east,
six thousand seven hundred and twenty yards along the line above men-
tioned, which runs from Smith’s point to Watkins’ point until it reaches
the latter spot, namely, Watkins’ point, which is in latitude thirty-seven
degrees, fifty-four minutes, thirty-eight seconds, longitude seventy-five de-
grees, fifty-two minutes, forty-four seconds; from Watkins’ point the
boundary line runs due east seven thousand eight hundred and eighty
yards, to a point where it meets a line running through the middle of
Pocomoke sound, which is marked ‘C’ on the accompanying map, and is
in latitude thirty-seven degrees, fifty-four minutes, thirty-eight seconds,
longitude seventy-five degrees, forty-seven minutes, fifty seconds; thence
by a line dividing the waters of Pocomoke sound, north forty-seven degrees,
thirtv minutes, east five thousand two hundred and twenty yards, to a
point in said sound marked ‘D’ on the accompanying map, in latitude
thirty-seven degrees, fifty-six minutes, twenty-five seconds, longitude sev-
enty-five degrees, forty-five minutes. twenty-six seconds; thence following
the middle of the Pocomoke River by a line of irregular curves, as laid
down on the accompanying map, until it intersects the westward protrac-
tion of the boundary line marked by Scarborough and Calvert, May
twenty-eight, eighteen hundred and sixty-eight, at a point in the middle
of Pocomoke River, and in the latitude thirty-seven degrees, fifty-nine
minutes, thirty-seven seconds, longitude seventy-five degrees, thirty-seven
minutes, four seconds; thence by the Scarborough and Calvert line, which
runs five degrees, fifteen minutes north of east, to the Atlantic Ocean;
the latitudes, longitudes, courses, and distances here given have been
measured upon the Coast Chart, number thirty-three, of the United
States coast survey, (sheet number three, Chesapeake Bay,) which is
herewith filed as part of this award, and explanatory thereof; the original
charter line is marked upon the said map and shaded in blue; the present
line of boundary, as ascertained and determined, is also marked and shaded
in red, while the yellow indicates the line referred to in the compact of
seventeen hundred and eighty-five, between Smith’s point and Watkins’
point ij in | further explanation of this award, the arbitrators deem it proper
to t:

“First, The measurements being taken and places fixed according to
the coast survey, we have come as near to a perfect mathematical ac-
curacy as in the nature of things is possible; but in case of any inaccuracy
in the described course or length of a line, or in the latitude or longitude of
a place, the natural objects called for must govern;

“Second, The middle thread of Pocomoke River is equidistant as
nearly as may be, between the two shores, without considering arms,
injets, creeks, or affluents as parts of the river, but measuring the shore
lines from headland to headland;

“Third, The low-water mark on the Potomac, to which Virginia: has a
right in the soil, is to he measured by the same rule; that is to say, from
low-water mark at one headland to low-water at another, without follow-
ing indentations, bays, creeks, inlets, or affluent rivers;

“Fourth, Virginia is entitled not only to full dominion over the soil
to low-water mark on the south shore of the Potomac, but has a right to
such use of the river beyond the line of low-water mark as may be necessary
to the full enjoyment of her riparian ownership, without impeding the
navigation or otherwise interfering with the proper use of it by Mary-
land, agreeably to the compact of seventeen hundred and eighty-five: In
testimony whereof we have hereunto set our hands the day and year
aforesaid. oo

“J. S. Black, of Pennsylvania, |
“Charles J. Jenkins, of Georgia.”’

And the General Assembly of Virginia, having approved and con-
firmed the award by the act of March the fourteenth, eighteen hundred
and seventy-eight, and the act having declared that so soon as such award
is also approved, accepted, confirmed, and ratified by the General Assembly
of the State of Maryland, and by the Congress of the United States, there-
upon, and immediately thereafter, the award and survey, matter and thing
therein contained, shall be obligatory on the State and the citizens thereof,
and should be forever faithfully and inviolably observed and kept by the
State and all its citizens according to the true intent and meaning of the
same; and the award and survey, matter and thing therein contained,
having been so approved, accepted, confirmed and ratified by the General
Assembly of the State of Maryland and by the Congress of the United
States: It is hereby declared that the award and survey, matter and thing
therein contained, are obligatory on this State and the citizens thereof, and
shall be forever observed and kept by the State and all of its citizens
according to the true intent and meaning of the same, and to that end
the faith of the State stands pledged.

The documents in relation to the boundary between the States of Mary-
land and Virginia, which wefe obtained under the resolution adopted by
the General Assembly of Virginia, on the twentieth day of March, eigh-
teen hundred and thirty-two, and the report relative to the boundary, re-
ferred to in the subsequent resolution of the twenty-first of February,
eighteen hundred and thirty-five, and the award with the map and other
papers accompanying the same, made under the act of March twenty-
eight, eighteen hundred and seventy-four, and the act of February tenth,
eighteen hundred and seventy-six, amendatory thereof, and approved and
confirmed by the act of March fourteenth, eighteen hundred and seventy-
eight, shall be preserved in the executive department as contemplated by
the resolutions, and by the last mentioned act.

§ 7.1-8. It shall be lawful when the laws of Virginia, in the opinion
of the legally constituted authorities of Virginia, are violated by citizens
of Maryland in the waters of Virginia, and when the laws of Maryland,
in the opinion of the legally constituted authorities of Maryland, are vio-
lated by citizens of Virginia in the waters of Maryland, that the offender
can be pursued by the legally constituted authorities of the State where
the offense was committed up to and across the boundary line between the
States into the waters of the State where the offender resides, to a distance
not exceeding ten miles, and if a capture is made in the continuous pur-
suit, the offender, vessel, and property shall be taken to the State where
the offense was committed, to be dealt with under the laws of that State.
This section shall continue in force as long as a similar statute is in force
in the State of Maryland.

§ 7.1-9. That portion of the District of Columbia which, by an act
of the General Assembly of Virginia, passed the third day of December,
seventeen hundred and eighty-nine, was ceded to the United States, and
all the rights and jurisdiction therewith ceded over the same, having,
with the assent of the people of the county and town of Alexandria, as-
certained, as prescribed by an act of Congress, approved the ninth of July,
eighteen hundred and forty-six, been ceded and forever relinquished to
this State, in full and absolute right and jurisdiction, as well of soil as of
persons residing or to reside therein: It is hereby declared, that the same
is now reannexed to this Commonwealth and constitutes a portion thereof,
subject to such reservation and provisions respecting the public property
of the United States, as Congress has enacted in its act of recession.

§ 7.1-10. Whereas there has been passed by the Congress of the
United States Public Law two hundred eight, Seventy-ninth Congress,
approved October thirty-first, nineteen hundred forty-five, entitled “An
act to establish a boundary line between the District of Columbia and
the Commonwealth of Virginia, and for other purposes’, Title I of the
act being as follows:

“Section 101. The boundary line between the District of Columbia
and the Commonwealth of Virginia is hereby established as follows:

“Said boundary line shall begin at a point where the northwest boun-
dary of the District of Columbia intercepts the high-water mark on the
Virginia shore of the Potomac River and following the present mean
high-water mark; thence in a southeasterly direction along the Virginia
shore of the Potomac River to Little River, along the Virginia shore of
Little River to Boundary Channel, along the Virginia side of Boundary
Channel to the main body of the Potomac River, along the Virginia
side of the Potomac River across the mouths of all tributaries affected
by the tides of the river to Second Street, Alexandria, Virginia, from
Second Street to the present established pierhead line, and following said
pierhead line to its connection with the District of Columbia-Maryland
boundary line; that whenever said mean high-water mark on the Vir-
ginia shore is altered by artificial fills and excavations made by the United
States, or by alluvion or erosion, then the boundary shall follow the new
mean high-water mark on the Virginia shore as altered, or whenever the
location of the pierhead line along the Alexandria water front is al-
tered, then the boundary shall follow the new location of the pierhead
ine.

“Section 102. All that part of the territory situated on the Virginia
side of the Potomac River lying between the boundary line as described
in section one hundred one and the mean high-water mark as it existed
January twenty-fourth, seventeen hundred ninety-one, is hereby ceded to
and declared to be henceforth within the territorial boundaries, jurisdic-
tion, and sovereignty of the State of Virginia: Provided, however, That
concurrent jurisdiction over the said area is hereby reserved to the United

“Section 103. Nothing in this act shall be construed as relinquishing
any right, title, or interest of the United States to the lands lying between
the mean high-water mark as it existed January twenty-fourth, seventeen
hundred ninety-one, and the boundary line as described in section one
hundred one; or to limit the right of the United States to establish its
title to any of said lands as provided by Act of Congress of April twenty-
seventh, nineteen hundred twelve (37 Stat. 93); or the jurisdiction of the
courts of the United States for the District of ‘Columbia to hear and de-
termine suits to establish the title of the United States in all lands in the

marshes, and lowlands of the Potomac River, and other lands as
described by said act below the mean high-water mark of January twenty-
fourth, seventeen hundred ninety-one; or to limit the authority to make
equitable adjustments of conflicting claims as provided for in the act ap-
proved June fourth, nineteen hundred thirty-four (48 Stat. 836).

“Section 104. The ‘present’ mean high-water mark shall be construed as
the mean high-water mark existing on the effective date of this act.

“Section 105. The United States Coast and Geodetic Survey is hereby
authorized, empowered, and instructed to survey and properly mark by
suitable monuments the said boundary line as described in section one
hundred one, and from time to time to monument such sections of said
boundary line as may be changed as provided for in section one hundred
one; and the necessary appropriations for this work are hereby authorized.

“Section 106. The provisions of sections two hundred seventy-two to
two hundred eighty-nine, inclusive, of the Criminal Code (U.S.C.A., title
eighteen, sections four hundred fifty-one to four hundred sixty-eight)
shall be applicable to such portions of the George Washington Memorial
Parkway and of the Washington National Airport as are situated within the
Commonwealth of Virginia. Any United States Commissioner specially
designated for that purpose by the District Court of the United States
for the Eastern District of Virginia shall have jurisdiction to try and, if
found guilty, to sentence persons charged with petty offenses against the
laws of the United States committed on the above-described portions
of the said parkway or airport. The probation. laws shall be applicable to
persons so tried. For the purposes of this section, the term ‘petty offense’
shall be defined as in section three hundred thirty-five of the Criminal
Code (U. S. C. A, title eighteen, section five hundred forty-one). If any
person charged with any petty offense as aforesaid shall so elect, however,
he shall be tried in the said district court.

“Section 107. The State of Virginia hereby consents that exclusive
jarisdiction in the Washington National Airport (as described in section
one (b) of the act of June twenty-ninth, nineteen hundred forty (fifty-four
Stat. six hundred eighty-six) ), title to which is now in the United States,
shall be in the United States. The conditions upon which this consent is
given are the following and none other: (one) There is hereby reserved
in the Commonwealth of Virginia the jurisdiction and power to levy a
tax on the sale of oil, gasoline, and all other motor fuels and lubricants
sold on the Washington National Airport for use in over-the-road ve-
hicles such as trucks, busses, and automobiles, except sales to the United
States: Provided, that the Commonwealth of Virginia shall have no juris-
diction or power to levy a tax on the sale or use of oil, gasoline, or other
motor fuels and lubricants for other purposes; (two) there is hereby ex-
preasly reserved in the Commonwealth of Virginia the jurisdiction and
power to serve criminal and civil process on the Washington National Air-
port; and (three) there is hereby reserved in the Commonwealth of Vir-
ginia the jurisdiction and power to regulate the manufacture, sale, and
ase of alcoholic beverages on the Washington National Airport (as de-
scribed in section one (b) of the act of June twenty-ninth, nineteen hun-
dred forty (fifty-four Stat. six hundred eighty-six) ). a

“Subject to the limitation on the consent of the State of Virginia as
expressed herein exclusive jurisdiction in the Washington National Air-
port shall be in the United States and the same is hereby accepted by the
United States. ;

“This act shall have no retroactive effect except that taxes and contri-
butions in connection with operations, sales and property on and income
derived at the Washington National Airport heretofore paid either to the
Commonwealth of Virginia or the District of Columbia are hereby declared
to have been paid to the proper jurisdictions and the Commonwealth of
Virginia and the District of Columbia each hereby waives any claim for
any such taxes or contributions heretofore assessed or assessable to the ex-
tent of any such payments to either jurisdiction. |

“Any provision of law of the United States or the Commonwealth
of Virginia which is to any extent in conflict with this act is to the extent
of such conflict hereby expressly repealed. ’

“Section 108. This title shall not become effective unless and until
the State of Virginia shall accept the provisions thereof.” ,

Whereas, the boundary line as established by such act of Congress
is acceptable and satisfactory to the Commonwealth of Virginia; and
whereas, it is desirable that the Commonwealth consent that exclusive jur-
isdiction over the Washington National Airport, subject to the reserva-
tions and conditions prescribed in section one hundred seven of such act
of Congress, shall be in the United States ; now, therefore, :

(1) The boundary line between the District of Columbia and the
Commonwealth of Virginia is hereby established as set out in the act of
Congress above quoted. _

(2) The Commonwealth of Virginia hereby accepts the provisions
of Title I of the act of Congress, such acceptance to be effective upon the
nineteenth day of February, nineteen hundred forty-six.

(3) The Commonwealth of Virginia consents that exclusive juris-
diction over the Washington National Airport, subject to the reserva-
tions and conditions prescribed in section one hundred seven of the act of
Congress above quoted, shall be in the United States, and the powers re-
served to the Commonwealth of Virginia in such section one hundred
seven shall be vested, reside and remain in this Commonwealth.

CHAPTER 2.
Coast Survey. .

§ 7.1-11. Any person employed in the coast survey under any act
of the Congress of the United States, may, for the purpose of effecting
the objects of such survey, enter upon lands within the State, remove
the fences, cut down trees, or do any other matter or thing necessary to
effect such survey.

This section shall not limit any right of a person to recover dam-
ages to persons or property.

CHAPTER 3. |
Jurisdiction Over Lands Acquired By The United States.

_§ 7.1-12. The following word or term, whenever used or referred
to in this chapter, shall have the following respective meaning unless a
different meaning clearly appears from the context:

“Person” means an individual, corporation other than municipal cor-
poration, business trust, estate, trust, partnership or two or more of any
of the foregoing having a joint or common interest.

§ 7.1-13. The United States, having by consent of the General
Assembly purchased, leased, or obtained jurisdiction over various parcels
of land in this State for the erection of forts, magazines, arsenals, dock-
yards and other needful buildings, for national cemeteries, for conserva-
tion of forests and natural resources, and for various other purposes, and
the transfers of the property and jurisdiction authorized by the several
acts of the Assembly under which the cessions were made being subject
to certain terms and conditions therein expressed, and under certain re-
strictions, limitations and provisions therein set forth, it is hereby declared
that this State retains concurrent jurisdiction with the United States over
the said places, so far as it lawfully can, consistently with the acts of
Assembly before-mentioned, and its courts, magistrates and officers may
take such cognizance, execute such process, and discharge such other legal
functions within and upon the same as may not be incompatible with the
true intent and meaning of such acts of Assembly.

§ 7.1-14. Whenever the United States desires to acquire title to, or
to lease land, whether under water or not, belonging to the State for the
site of a lighthouse, beacon, life-saving station, or other aid to navigation,
and application is made by a duly authorized agent of the United States,
describing the site required for any of the purposes aforesaid, the Gov-
ernor of the State shall have authority to convey or to lease, as the case
may be, the site to the United States, provided, that no single parcel
shall contain more than ten acres. And it is hereby declared that the title
to the land so conveyed or leased to the United States, and the possession
thereof, shall revert to the State, unless the construction of a lighthouse,
beacon, life-saving station, or other aid to navigation be begun within two
years after such conveyance or lease is made, and be completed within
ten years thereafter ; or, if completed, the use of the site for the purpose for
which it is granted or leased be discontinued for five years consecutively
after such construction is completed.

It is expressly provided, however, that, in case of any such lease
or conveyance of any such property, there is hereby reserved in the
Commonwealth of Virginia, over all lands therein embraced, the juris-
diction and power to levy a tax on oil, gasoline and all other motor fuels
and lubricants thereon owned by others than the United States and a
tax on the sale thereof, on such lands, except sales to the United States
for use in the exercise of essentially governmental functions. There is
further expressly reserved in the Commonwealth the jurisdiction and
power to serve criminal and civil process on such lands and to license and
regulate, or to prohibit, the sale of intoxicating liquors on any such lands
and to tax all property, including buildings erected thereon, not be-
longing to the United States and to require licenses and impose license
taxes upon any business or businesses conducted thereon. For all pur-
poses of taxation and of the jurisdiction of the courts of Virginia over
persons, transactions, matters and property on such lands, the lands shall
be deemed to be a part of the county or city in which they are situated.
Any such conveyance or lease as herein provided for shall be deemed to
have been made upon the express condition that the reservations of power
and limitations hereinabove provided for are recognized as valid by the
United States, and, in the event the United States shall deny the validity of
the same as to all or any part of such lands, then, and in that event, the
tithe and possession of all or any such part of such lands shall immedi-
ately revert to the Commonwealth. Over all lands leased or conveyed to the
United States by the Governor pursuant to the authority herein conferred,
the Commonwealth hereby cedes to the United States the power and juris-
diction to protect such lands and all property of the United States thereon
from damage, depredation or destruction, to regulate traffic on the high-
ways thereon and all necessary jurisdiction and power to operate and ad-
minister such lands and property thereon for the purposes for which the
same may be conveyed to the United States, but the jurisdiction and
power hereby ceded to the United States shall not be construed as being
in any respect inconsistent with or as in any way impairing the juris-
diction and powers hereinabove specifically reserved to the Commonwealth.

This section is subject to the provision of § 7.1-18.

§ 7.1-15. The conditional consent of the Commonwealth of Virginia
is hereby given to the acquisition by the United States, or under its au-
thority, by purchase, lease, condemnation, or otherwise, of any lands in
Virginia, whether under water or not, from any person for sites for cus-
toms houses, courthouses, arsenals, forts, naval bases, military or naval
airports or airplane landing fields or for any military or naval purpose.
The conditions upon which this consent is given are as follows:

That there is hereby reserved in the Commonwealth, over all lands so
acquired by the United States for the purposes aforesaid, the jurisdiction
and power to levy a tax on oil, gasoline and all other motor fuels and
lubricants thereon owned by others than the United States and a tax on
the sale thereof, on such lands, except sales to the United States for
use in the exercise of essentially governmental functions. There is further
expressly reserved in the Commonwealth the jurisdiction and power to
serve criminal and civil process on such lands and to license and regu-
late, or to prohibit, the sale of intoxicating liquors on any such lands and
to tax all property, including buildings erected thereon, not belonging to
the United States and to require licenses and impose license taxes upon
any business or businesses conducted thereon. For all purposes of taxation
and of the jurisdiction of the courts of Virginia over persons, transactions,
matters and property on such lands, the lands shall be deemed to be
a part of the county or city in which they are situated. Any such acquisi-
tion by or conveyance or lease to the United States, as is herein provided
for, shall be deemed to have been secured or made upon the express condi-
tion that the reservations of power and limitations hereinabove provided
for are recognized as valid by the United States, and, in the event the
United States shall deny the validity of the same, as to all or any part
of such lands, then and in that event, the title and possession of all or
any such part of such lands conveyed to the United States by the Com-
monwealth shall immediately revert to the Commonwealth. Over all lands
acquired by or leased or conveyed to the United States pursuant to the
conditional consent herein conferred, the Commonwealth hereby cedes
to the United States concurrent jurisdiction, legislative, executive and
judicial, with respect to the commission of crimes and the arrest, trial
and punishment therefor, and also cedes to the United States the power
and jurisdiction to protect such lands and all property of the United
States thereon from damage, depredation or destruction, to regulate traffic
on the highways thereon and all necessary jurisdiction and power to op-
erate and administer such lands and property thereon for the purposes for
which the same may be conveyed to the United States, but the jurisdiction
and power hereby ceded to the United States shall not be construed as be-
ing in any respect inconsistent with or as in any way impairing the
jurisdiction and powers hereinabove specifically reserved to the Common-
wealth. The jurisdiction and powers hereby ceded shall not apply to
lands acquired for the purposes enumerated in § 7.1-17. Whenever the
United States shall cease to use any of such lands so acquired for any of
the purposes hereinabove set forth, the jurisdiction and powers herein
ceded shall as to the same cease and determine, and shall revert to the
Commonwealth.

Nothing herein contained shall affect any special act heretofore or
hereafter passed ceding jurisdiction to the United States.

This section is subject to the provision of § 7.1-18.

_ ,§ 7.1-16. The unconditional consent of the Commonwealth of Vir-
ginia is hereby given to the acquisition by the United States, or under
its authority, by purchase, lease, condemnation, or otherwise, of any lands

in Virginia, from any person for sites for post offices, or for services inci-
dental to postal work; provided, however, there is hereby expressly re-
served in the Commonwealth the jurisdiction and power to serve criminal
and civil process on such lands.

Whenever the United States shall cease to use any of such lands so
acquired for the purposes hereinabove set forth, the jurisdiction and pow-
ers herein ceded shall as to the same cease and determine, and shall re-
vert to the Commonwealth.

This section is subject to the provision of § 7.1-18.

§ 7.1-17. The conditional consent of the Commonwealth of Virginia
is hereby given to the acquisition by the United States, or under its au-
thority, by purchase or lease, or in cases where it is appropriate that the
United States exercise the power of eminent domain, then by condemna-
tion, of any lands in Virginia from any person, for soldiers’ homes, for
the conservation of the forests or natural resources, for the retirement
from cultivation and utilization for other appropriate use of submarginal
agricultural lands, for the improvement of rivers and harbors in or ad-
jacent to the navigable waters of the United States, for public parks
and for any other proper purpose of the government of the United States
not embraced in § 7.1-15.

Over all lands heretofore or hereafter acquired - by the United States
for the purposes mentioned in this section, the Commonwealth hereby
cedes to the United States the power and jurisdiction - to regulate traffic
over all highways maintained by the United States thereon, to protect the
lands and all property thereon belonging to the United States from dam-
age, depredation or destruction and to operate and administer the lands
and property thereon for the purposes for which the. same shall be ac-
quired by the United States. The Commonwealth hereby reserves to her-
self all other powers and expressly and specifically reserves the jurisdic-
tion and power to levy a tax on oil, gasoline and all:other motor fuels
and lubricants, on such lands, not belonging to the United States, and a
tax on the sale thereof on any part of any lands acquired by the United
States for the purposes embraced in this section. The Commonwealth
hereby further reserves expressly and specifically the jurisdiction and
power to tax, license and regulate, or to prohibit, the sale of intoxicating
liquors on any such lands so acquired; to tax all property, including build-
ings erected thereon, not belonging to the United. States; to require li-
censes and impose license taxes upon any business or businesses conducted
thereon. For all purposes of taxation and of the jurisdiction of the courts
of Virginia over persons, transactions, matters and property on such lands,
the lands shall be deemed to be a part of the county or city in which
they are situated. The above powers enumerated as expressly and specific-
ally reserved to the Commonwealth shall not be construed as being in any
respect inconsistent with or impaired by the powers saa ceded to the
United States.

The Commonwealth hereby reserves unto herself over all such lands
exclusive governmental, judicial, executive and legislative powers, and

Jurisdiction in all civil and criminal matters, except insofar as the same
may be in conflict with the jurisdiction and powers of the United States.

This section is subject to the provision of §7.1-18. —_. .

__ § 7.1-18. On and after the effective date of this act, except as pro-
vided in paragraph (2) of § 7.1-21, the Commonwealth hereby reserves unto
herself over all lands conveyed pursuant to this chapter exclusive govern-
mental, judicial, executive and legislative powers, and jurisdiction i in all civil
and criminal matters, except insofar as the same may be i in conflict with the
jurisdiction and powers of the United States.

$ 7.1-19. The respective jurisdiction and powers.of the Common-
wealth and the United States over all lands within the Shenandoah Na-
tional Park, as it is now constituted or may hereafter be extended, shall
be as follows:

(a) Criminal And Police Jurisdiction. — The United States shall
have exclusive jurisdiction, legislative, executive and judicial, with re-
spect to the commission of crimes, and the arrest, trial and punishment
therefor, and exclusive general police jurisdiction thereover.

(b) Sale of Alcoholic Beverages. — The United States shall have the
power to regulate or prohibit the sale of alcoholic beverages on such
lands; provided, that, if the sale of alcoholic beverages is prohibited by
general law in the Commonwealth outside of such lands, no such alcoholic
beverages shall be sold on the lands contained in the Park area; and pro-
vided further, that if the general laws of the Commonwealth permit the
sale of alcoholic beverages, then the regulations of the United States re-
lating to such sales on such lands shall conform as nearly as possible to
the regulatory provisions in accordance with which such sales are per-
mitted in the Commonwealth outside of such Park lands. Nothing in this
subsection shall be construed as reserving in the Commonwealth power to
require licenses of persons engaged in the sale of intoxicating beverages
on such lands, nor the power to require that any sales be made through
official] liquor stores.

(c) Service of Civil and Criminal Process. — The Commonwealth
shall have jurisdiction to serve civil process within the limits of the Park
in any suits properly instituted in any of the courts of the Commonwealth
and to serve criminal process within such limits in any suits or prosecu-
tions for or on account of crimes committed in the Commonwealth but
outside of the Park.

(d) Tax on Alcoholic Beverages. — The Commonwealth shal] have
jurisdiction and power to levy a nondiscriminatory tax on all alcoholic
beverages possessed or sold on such lands.

(e) Tax on Motor Vehicle Fuels And Lubricants. — The Common-
wealth shall have jurisdiction and power to tax the sales of oi] and gaso-
line, and other motor vehicle fuels and lubricants for use in motor ve-
hicles. This subsection shall not be construed as a consent by the United
States to the taxation by the Commonwealth of such sales for the exclu-
sive use of the United States.

(f) Tax on Businesses. — The Commonwealth shall have jurisdic-
tion and power to levy nondiscriminatory taxes on private individuals,
associations and corporations, their franchises and properties, on such
lands, and on their businesses conducted thereon.

(z) Jurisdiction of Courts. — The courts of the Commonwealth
shal] have concurrent jurisdiction with the courts of the United States
of all civil causes of action arising on such lands to the same extent as if
the cause of action had arisen in the county or city in which the land ties
outside the Park area, and the State officers shall have jurisdiction to
enforce on such lands the judgments of the State courts and the collection
of taxes by appropriate process. |

(h) Voting Residence. — Persons residing in or on any of the
lands embraced in the Park shall have the right to establish a voting
residence in Virginia by reason thereof, and the consequent right to vote
at all elections within the county or city in which the land or lands upon
which they reside are located upon like terms and conditions, and to the
same extent as they would be entitled to vote in such county or city if the
lands | on which they reside had not been deeded or conveyed to the United

tates.
(i) Fugitives. — All fugitives from justice taking refuge in the
Park shall be subject to the same laws as refugees from justice found in
the Commonwealth of Virginia.
§ 71-20. (1) Waste and unappropriated lands. — The Governor is
authorized to execute in the name of the Commonwealth deeds conveying,
subject to the jurisdictional and other limitations and reservations con-
tained in §§ 7.1-17 and 7.1-22, to the United States such title as the Com-
monwealth may have in waste and unappropriated lands entirely sur-
rounded by lands owned by the United States, when the same are certi-
fied as being vacant and unappropriated by a duly authorized agent of the
United States and are described by metes and bounds descriptions filed
with the Secretary of the Commonwealth and with the clerk of the court
in the county wherein such unappropriated land is situated.

(2) Marsh lands in certain counties. — The Governor is authorized
to execute, in the name and on behalf of the Commonwealth, a deed or
other appropriate instrument conveying to the United States, without any
consideration but subject to the jurisdictional limitations and reservations
contained in §§ 7.1-17 and 17.1-22, such right, title and interest in or
easement over and across the marshes lying along the sea side of the
counties of Accomack and Northampton as may be necessary and proper
for the construction, operation and maintenance of a canal or channel for
small boats over and through such marsh lands. __

§ 71-21. (1) In addition to the jurisdiction and powers over cer-
tain lands ceded to the United States by §§ 7.1-14, 7.1-15 and 7.1-17, there
is hereby ceded to the United States concurrent jurisdiction over crimes
and offenses committed on lands acquired since March twenty-eighth,
nineteen hundred and thirty-six, and hereafter acquired by the United
States in Virginia by purchase, lease, condemnation or otherwise, for
sites for customs houses, courthouses, arsenals, forts, naval bases, military
or naval airports, or airplane landing fields, veterans hospitals, or for any
military or naval purpose, and there is hereby ceded to the United States
such additional jurisdiction and powers over lands acquired by the United
States in Virginia by purchase or condemnation as hereinafter provided.

(2) Whenever the head or other authorized officer of any depart-
ment or independent establishment or agency of the United States shall
deem it desirable that such additional jurisdiction or powers be ceded over
any lands in Virginia acquired or proposed to be acquired by the United
States under his immediate jurisdiction, custody or control, and when-
ever the Governor and Attorney General of Virginia shall agree to the
same, the Governor and Attorney General shall execute and acknowledge
a deed in the name of and under the lesser seal of the Commonwealth ced-
ing such additional jurisdiction. The deed shall accurately and specifically
describe the area and location of the land over which the additional juris-
diction and powers are ceded and shall set out specifically what additional
Jurisdiction and powers are ceded, and may set out any reservations in
the Commonwealth of jurisdiction which may be deemed proper in addi-
ton to those referred to in subsection (6) hereof.

(3) In the event that the United States does not desire to accept
all or any part of the jurisdiction and powers ceded by §§ 7.1-14, 7.1-15
and 7.1-17 the deed shall set out specifically the jurisdiction and powers
Which it is desired not to accept.

_ (4) No such deed shall become effective or operative until the juris-
diction therein provided for is accepted on behalf of the United States
as required by section three hundred and fifty-five of the Revised Statutes
of the United States. The head or other authorized officer of a department
or independent establishment or agency of the United States shall indicate
such acceptance by executing and acknowledging such deed and admitting
I to record in the office of the clerk of the court in which deeds conveying

lands affected would properly be recorded. |

(5) When such deed has been executed and acknowledged on be-

of the Commonwealth and the United States, and admitted to re.
cord as hereinbefore set forth, it shall have the effect of ceding to and
vesting in the United States the jurisdiction and powers therein provided
for and none other.

(6) Every such deed as is provided for in this section shall reserve
in the Commonwealth over all lands therein referred to the jurisdiction
and power to serve civil and criminal process on such lands and in the
event that the lands or any part thereof shall be sold or leased to any
person, under the terms of which sale or lease the vendee or lessee shall
have the right to conduct thereon any private industry or business, then
the jurisdiction ceded to the United States over any such lands so sold or
leased shall cease and determine, and thereafter the Commonwealth shall
have all jurisdiction and power she would have had if no jurisdiction or
power had been ceded to the United States. This provision, however, shall
not apply to post exchanges, officers’ clubs and similar activities on lands
acquired by the United States for purposes of national defense. It is fur-
ther provided that the reservations provided for in this subsection shall
remain effective even though they should be omitted from any deed exe-
cuted pursuant to this section.

(7) Nothing contained in this section shall be construed as re-
pealing any special acts ceding jurisdiction to the United States to ac-
quire any specific tract of land.

§ 7.1-22. If the United States shall cease to be the owner of any
lands, or any part thereof, granted or conveyed to it by the Common-
wealth, or if the purposes of any such grant or conveyance to the United
States shall cease, or if the United States shall for five consecutive years
fail to use any such land for the purposes of the grant or conveyance,
then, and in that event, the right and title to such land, or such part
thereof, shall immediately revert to the Commonwealth.

All deeds, conveyances or title papers for the transfer of title of
lands to the United States shall be recorded in the county or corporation
wherein the land or the greater part thereof lies, but no tax shall be re-
quired on any such instrument made to the United States by which they
acquire lands for public purposes.

The jurisdiction ceded by 8§ 7.1-14, 7.1-15 and 7.1-17, shall not
vest until the United States shall have acquired the title of record to such
lands, or rights or interest therein, by purchase, condemnation, lease or
otherwise. So long as the lands, or any rights or interest therein, are held
in fee simple by the United States, and no longer, such lands, rights or in-
terest, as the case may be, shall continue exempt and exonerated, from all
state, ‘county and municipal taxes which may be levied or imposed under
the authority of this State.

7.1-23. Whenever any land in Virginia has been or is conveyed
to the United States with a provision in the deed that upon abandonment
or use for any purpose other than that stated in the deed such land shall
revert to the Commonwealth of Virginia, and if any such land is abandoned
or is no longer used for the purpose for which conveyed, the Governor is
hereby authorized to convey to the political subdivision in which such
land is situated, all right, title and interest of the Commonwealth in and to
such land. This section shall not affect anv lease made under Chap. 321
of the Acts of 1952.

§ 7.1-24. Whenever the United States government has exclusive jur-
isdiction over property located in the Commonwealth of Virginia, and
leases such property, or part thereof, to any political subdivision to be used
by it for a public purpose, such exclusive jurisdiction shall cease and de-
termine as to the property so leased and the Commonwealth of Virginia
and the United States government shal] have concurrent jurisdiction over
such property so long as such lease continues. At the termination of such
lease the jurisdiction of the Commonwealth shall cease and the United
States shall have exclusive jurisdiction thereof.

§ 7.1-25. Chapter 196 of the Acts of 1964, relating to relinquishment
by the United States of jurisdiction over lands located in a city having a
population of not less than one hundred and fourteen thousand and not
more than two hundred thousand, is incorporated in this Code by this

reference.
CHAPTER 4.
Seals And Flag of The Commonwealth.

§ 7.1-26. The great seal of the Commonwealth of Virginia shall
consist of two metallic discs, two inches and one-fourth in diameter, with
an ornamental border one-fourth of an inch wide, with such words and
figures engraved thereon as will, when used, produce impressions to be
described as follows: On the obverse, Virtus, the genius of the Common-
wealth, dressed as an Amazon, resting on a spear in her right hand, point
downward, touching the earth; and holding in her left hand, a sheathed
sword, or parazonium, pointing upward; her head erect and face up-turned;
her left foot on the form of Tyranny represented by the prostrate body of
a man, with his head to her left, his fallen crown near by, a broken
chain in his left hand, and a scourge in his right. Above the group and
within the border conforming therewith, shall be the word“Virginia”’,
and, in the space below, on a curved line, shall be the motto, “Sic Semper
Tyrannis’”’. On the reverse, shall be placed a group consisting of Libertas,
holding a wand and pileus in her right hand; on her right, Aeternitas,
with a globe and phoenix in her right hand; on the left of Libertas,
Ceres, with a cornucopia in her left hand, and an ear of wheat in her
right ; over this device, in a curved line, the word “‘Perseverando”.

§ 7.1-27. The lesser seal of the Commonwealth shall be one and nine-
sixteenths inches in diameter, and have engraved thereon the device and
inscriptions contained in the obverse of the great seal.

§ 7.1-28. The seals of the Commonwealth described in §§ 7.1-26 and
7.1-27 shall be kept and used as provided by law, and at least three clear
impressions thereof shall be kept and displayed by the State Librarian in
some suitable place in the State Library, for public inspection.

$ 7.1-29. Former seals of the Commonwealth, which were required
to be cancelled by quartering the same with two straight lines crossing
at right angles at the center of the disc, and cut at least as deep as the
figures thereon, shall be safely kept in the office of the Secretary of the
Commonwealth and at least three clear impressions thereof filed with the
State Librarian to be by him duly indexed and safely kept in a suitable
niace.

$ 7.1-30. The great seal shall be affixed to documents, signed by the
Governor, which are to be used before tribunals, or for purposes outside
of the jurisdiction of this State; and in every such case, except where the
Stzte Is a party concerned in the use to be made of the document, the
t2x imposed by law on the seal of the State shall be collected and ac-
counted for by the Secretary of the Commonwealth, as keeper of the
seals.

§ 7.1-31. The lesser seal shall be affixed to all grants for lands and
writs of election issued by the Governor; to all letters of pardon and re-
prieve; to all commissions, civil] and military, signed by the Governor,
and to all other papers, requiring a seal, authorized to be issued by the
Governor for the purpose of carrying the laws into effect within this
Commonwealth: and also, when deemed necessary by the Secretary of
the Commonw ealth, may be used by him as an authentication of his official
signature; but no tax shall hereafter be charged upon such lesser seal,
except upon commissions appointing notaries, inspectors of tobacco and

Yr commodities, commissioners of wrecks, and commissioners in other
states for taking acknowledgments, and upon certificates of the Secretary
of the Commonwealth, when, at the request of the parties desiring such
certificates, the seal is attached. In all such cases the tax shall be the
same as upon the great seal, and shall be collected and accounted for in
the same manner.

§ 7.1-31.1. The seals of the Commonwealth shall be deemed the prop-
erty of the State; and no persons shall exhibit, display, or in any manner
utilize the seals or any facsimile or representation of the seals of the Com-
monwealth for nongovernmental purposes unless such use is specifically
authorized by law.

Any person violating the provisions of this section shall be punished
by a fine of not more than one hundred dollars, or by imprisonment for
not more than thirty days or both.

§ 7.1-32. The flag of the Commonwealth shall hereafter be made of
bunting or merino. It shall be a deep blue field, with a circular white
centre of the same material. Upon this circle shall be painted or em-
broidered, to show on both sides alike, the coat-of-arms of the State, as
described in § 7.1-26 for the obverse of the great seal of the Common-
wealth; and there shall be a white silk fringe on the outer edge, furthest
from the flagstaff. This shall be known and respected as the flag of
Virginia.

§ 7.1-83. The Governor shall regulate the size and dimensions of the
flag proper for forts, arsenals and public buildings, for ships-of-war and
merchant marine, for troops in the field, respectively, and for any other
purpose, according to his discretion; which regulations shall be pro-
claimed and published by him as occasion may require.

7.1-34. The Director of the Department of Purchases and Supply
shall have available at all times flags of the Commonwealth of Virginia,
to be offered for sale to the public in such manner as the Director may
determine.

Such flags shall be of good quality, shall conform to the specifications
therefor prescribed in § 7.1-32, and shall be offered in the various sizes
prescribed by the Governor pursuant to § 7.1-33.

The prices to be charged for such flags shall be at cost as determined
by the Director.

§ 7.1-85. During the sessions of either house of the General Assem-
bly the flag of the Commonwealth shall be kept raised over the Capitol,
or other place of session, and the Director of the Division of the Budget
shall see that the same be done.

§ 7.1-36. The display of the flag of the Commonwealth of Virginia
at each public school within the Commonwealth hereby is authorized and
encouraged. Such flag shall be of a size to be determined by the Governor in
accordance with § 7.1-33 of the Code, and initially shall be furnished by
the State of Virginia for each school upon request therefor by the local
school board having jurisdiction directed to the Governor; provided, how-
ever, that such request shall be accompanied by a statement from the
local school board that it will furnish and maintain a flagstaff or pole,
and the ropes, pulleys and other equipment needed for flying such flag.
The flagpole may be attached to the building or the flag may be flown
from a pole located within the school grounds. It shall be the duty of
each teacher in a school employing one teacher only, or the principal of
each school employing more than one teacher, to see that the flag is flown
from the flagstaff or pole during school hours of each day in the year,
from the hour of opening until the hour of closing the school under his
charge, except upon such days as injury to the flag would be likely to re-
sult from flying it by reason of inclement weather conditions. The
flag of the Commonwealth may be flown on the same flagstaff or pole as
the flag of the United States and immediately thereunder. If a separate
flagstaff or pole be provided for the flag of the Commonwealth, such flag
shall be flown to the immediate left of the flag of the United States. It
shall also be the duty of each teacher in every school to instruct thoroughly
every pupil coming under his charge as to the history of the flag and the
principles for which it stands, specifically including the Bill of Rights.
CHAPTER 65.
Song and Floral Emblems of The Commonwealth.

§ 7.1-37. The song “Carry Me Back to Old Virginia’, by James A.
Bland, as set out in the House Joint Resolution 10, adopted by the General
Assembly of Virginia at the Session of 1940, is declared to be the official
song of the Commonwealth.

&§ 7.1-38. The flower commonly known as American Dogwood (Cor-
nus florida) is declared to be the floral emblem of the Commonwealth.

3. All acts and parts of acts, all sections of the Code of Virginia, and
all provisions of municipal charters inconsistent with the provisions of
this act are, except as otherwise provided, repealed to the extent of such
inconsistency.

4. The repeal of Title 7 effective as of July 1, 1966, shall not affect
any act or offense done or committed, or any penalty or forfeiture in-
curred, or any right established, accrued or accruing on or before such date,
or anv prosecution, suit or action pending on that date. Except as in
this act otherwise provided, neither the repeal of Title 7 of the Code of
Virginia nor the enactment of Title 7.1 shall apply to offenses committed
prior to July 1, 1966, and prosecutions for such offenses shall be governed
by the prior law, which is continued in effect for that purpose. For the
purposes of this act, an offense was committed prior to July 1, 1966, if
any of the essential elements of the offense occurred prior thereto.

5. Whenever in Title 7.1 any of the conditions, requirements, pro-
visions or contents of any section, article or chapter of Title 7, as such
title existed prior to July 1, 1966, are transferred in the same or in modi-
fed form to a new section, article or chapter of Title 7.1, and whenever any
such former section, article or chapter of Title 7 is given a new number
in Title 7.1, all references to any such former section, article or chapter
of Title 7 appearing elsewhere in the Code of Virginia than in Title 7.1
shall be construed to apply to the new or renumbered section, article or
chapter containing such conditions, requirements, provisions of contents
or portions thereof.

6. It is the intention of the General Assembly that this act shall be
liberally construed to effect the purposes set out herein, and if any clause,
sentence, paragraph or section of this act shall ever be declared uncon-
stitutional, rt shall be deemed severable, and the remainder of this act
shall continue in full force and effect.

i. This act shall become effective on July 1, 1966.