CHAP. 36.--An ACT to amend and re-enact sections 3, 6, 11, 15, 22, 34, and 38 of an act approved March 4th, 1881, entitled an act for the preservation of Oysters, and to obtain revenue for the privilege of taking them from the waters of the commonwealth.

§3. If any creek, cove or inlet makes into or runs through
the land of any person, and is comprised within the limits of
his lawful survey, such person, or other lawful occupant, shall have exclusive right to use said creek, cove, or inlet, for sowing or planting oysters and other shell-fish, notwithstanding the reservation hereinbefore made: provided however, that the provisions of this section, so far as they amend section three of an act approved March four, eighteen hundred and eighty-four, shall not apply to the county of Mathews; but the said section, as contained in the act of March four, eighteen hundred and eighty-four, shall remain in full force and effect, so far as it applies to said county. Riparian owner of land on creek or inlet

§6. If any owner or occupier of land having a water-front
thereon suitable for planting oysters, shall be desirous of
obtaining a location thereon for planting oysters, he may for planting make application to any inspector for the county in which oysters he resides, who shall assign to him on such location, as such owner or. occupant may designate, in front of his land, a quantity sufficient for the said purpose, to be judged of by said inspector, subject to appeal to the judge of the county court of the county in which said land is located, either in term time or vacation, who is hereby authorized to take cognizance of the same, and make such assignment as shall seem proper: provided that the said assignment shall not exceed one-half of an acre: and provided further, that the privilege thus accorded to the riparian owner may at any time be revoked at the pleasure of the general assembly, said revocation to take effect eighteen months from date of revocation. It shall be the duty of such owner or occupant to cause the same to be marked with suitable stakes, according to the assignment, and thereafter he shall have the exclusive right to the use thereof for the purpose aforesaid; and this privilege is accorded to said owner or occupant in consideration of the extra valuation ordinarily assessed upon such land, for the water privileges supposed to attach thereto: provided however, that the inspector making the assignment of reservation shall be paid by such owner or occupant a fee of one dollar, and if such owner or occupant shall sell any oysters from said reservation, also an annual rent of twenty-five cents; and all other privileges accorded to riparian owners under the provisions of the section hereby amended, are hereby revoked, and the inspectors shall return to riparian owners all taxes, rents, and fees collected under the provisions of said section. If any portion of said water-front herein reserved or provided for said riparian owners or occupiers of land, shall be occupied by others, with oysters actually planted thereon, at the time a location is made of said reservation, the person so occupying the same shall have eighteen months to remove the said oysters so planted thereon. The balance of said water-front or fronts in excess of what is herein reserved for the riparian owner, and the residue of the beds of the bays, rivers, and creeks, other than natural oyster-beds or rocks, may be occupied by any person or persons, for the purpose of planting oysters, or the propagation of oysters thereon. It shall be the duty of any such person desiring to obtain a location for planting or propagating oysters on any portion of the water-fronts and beds aforesaid, not located or reserved as hereinbefore provided for owners and occupiers of land as aforesaid, to apply to an inspector to have his location ascertained and designated, and the same shall be marked with suitable stakes, or by other metes and bounds agreed upon between the applicant and inspector, and he shall pay the inspector for his services a fee of one dollar, and also an annual rent of twenty-five cents for each and every acre assigned to him, payable on the first day of October, annually, and thereafter he shall have the exclusive right to the use of such location so designated for the purpose aforesaid, so long as he complies with the provisions of the law requiring the payment of twenty-five cents per annum for every acre so occupied; subject, however, to the right of reservation by the general assembly. If any portion of said water-fronts, or beds of bays, rivers, and creeks, is occupied with oysters actually planted thereon, at the time a location is made, or sought to be made under this section, the occupier shall have the prior right against all others to have the said land so occupied by him assigned to him by the inspector: provided said occupier shall have the land occupied by him ascertained and designated within thirty days from the time that the inspector is called on to locate said land: provided however, that the provisions of this section which are amendatory to the section hereby amended, shall not apply to the. counties of Northumberland and Westmoreland; but the provisions of said section are hereby declared to remain in full force, so far as said counties are concerned, notwithstanding the amendments thereto contained in this section. How owner of water front to obtain location for planting oysters Exception

§11. If any citizen of this state shall be concerned or interested with any person not resident within the state, in taking, catching or planting. oysters within this state, or shall knowingly permit any person not resident within thestate, to take, catch or plant oysters in his name, he shall be liable to a fine of five hundred dollars, and the vessel or craft so employed in catching or planting oysters shall be forfeited. Citizens not to be concerned with non-residents

§15. It shall not be lawful at any time, for any person to buy or sell oysters in the shell, by any other than stave measure, which shall be uniform in shape, and of the following dimensions: the bottom to be sixteen and a half inches across from inside to inside, the top to be eighteen inches from inside to inside, and twenty-one inches diagonal from the inside chime to the top; half tubs to be twelve and a half inches from inside to inside at bottom, thirteen and three quarter inches from inside to inside at top, and sixteen and a half inches diagonal from inside chime to top. All stave measures must be sealed by an inspector of oysters duly qualified under this act, and in the measurement of oysters, the tubs must be filled with a slight rise above the top. Oysters; how to be measured

§22. Upon the arrest of any persons under any section of this act, the inspector may seize and hold any vessel, boat or craft, used or employed by him or them in taking, catching or carrying oysters, and the same shall be liable for any fine or forfeiture imposed by this act: provided that the master or commander, or the owner or owners of the aforesaid vessel, boat or other craft, may relieve the same from the custody of the inspector, by giving bond with approved security before any justice of the peace, or before the judge of the county or corporation court, in term time or vacation, made payable to the commonwealth, in an amount double the fine or forfeiture imposed by law, conditioned to produce the same in as good order as when received, to answer the judgment of the court having jurisdiction of the offence, or otherwise forfeit the bond. Any constable or inspector making any arrest under this act, shall be entitled to receive a fee of two dollars for every arrest so made, which shall be taxable in the costs. Proceedings in case of arrest of violators of this act

§34. Upon the arrest of any person or persons under the said preceding sections, the canoe, boat or vessel so seized, shall be liable for any fine or forfeiture imposed by this act: provided that the master or commander, or owner or owners of the aforesaid canoes, boats or vessels, may relieve the same from the custody of the person or persons making the seizure or arrest, by giving bond, with approved security, before any justice of the peace, or before the judge of the county or corporation court in term time or vacation, made payable to the commonwealth of Virginia, in an amount double the fine or forfeiture imposed by law, conditioned to produce the same in as good order as when relieved, to answer the judgment of the court having jurisdiction of the offence, or otherwise forfeit the bond. In all cases where the vessels, boats or canoes shall be declared forfeited by the judgment of the court under the preceding sections of this act, the same shall be sold, and the proceeds of sale after deducting and paying the costs of seizure, forfeiture, and other expenses of proceedings and of sale, shall be applied as follows: one-half to the captors, and one-half to the commonwealth: provided that the captains and crews of the police vessels under this act shall not receive any portion of said proceeds of sale. Vessel to be relieved from arrest by giving bond

§38. Any vessel or boat which may be found employed by any person or persons whatsoever in violation of the provisions of this act, so far as they relate to dredging, shall be forfeited to the commonwealth, together with the cargo, and upon affidavit by any person before a justice of the peace that a vessel or boat employed is, or has been employed since the passage of this act, in violating its provisions, he shall forthwith issue his warrant, directing the sheriff or some constable of his county, or any special constable appointed for the purpose, who shall summon a posse comitatus, if necessary, to capture such vessel or boat, and to retain the same safely until ordered to sell or release it. And upon seizure, it shall be the duty of the commonwealth's attorney of the county wherein such warrant is issued, forthwith to file a petition in the county court of his county, in which it shall only be necessary to state the fact that such vessel or boat was found employed dredging for oysters, or had been employed in dredging for oysters, since the passage of this act, as the case may be, and when and where such vessel or boat was so found, and praying the forfeiture of such vessel or boat, and thereupon the court shall order the owner or owners of such vessel or boat, if known and residents of the commonwealth, to be summoned to answer the prayer of said petition at the next term; and if non-residents or unknown, the court shall give notice of the filing of said petition by publication, once a week for four successive weeks, in some newspaper published in the commonwealth; and on a bearing of said petition, a jury shall be empanelled to try the issue whether such vessel or boat has been used in violation of this act, and if judgment be for the commonwealth, the court shall direct the sale of such vessel, boat, or cargo, at public auction, upon reasonable notice and terms, one-half of the proceeds of such sale, after paying the cost of the proceedings and expenses of sale, shall be reported and paid over to the treasurer of the county, as fines due the commonwealth are required by law to be paid, and shall be, by the same treasurer, paid into the treasury of the state to the credit of the oyster law; and the other half shall be paid to the captors of such vessel or boat, unless the captors belong to the police force hereinafter constituted; and should judgment be given for the owners of such vessel or boat, the same shall be forthwith released to them; and if it should be deemed best for the intereAt of parties during the pendency of proceedings of forfeiture, the court shall have authority to order a sale of such property, or any part thereof, in such a manner and subject to such restrictions as it shall deem just and reasonable. And in case of a sale before a udgment or forfeiture, the proceeds of sale shall be safely kept by the court until after final judgment, when said proceeds shall be disposed of as hereinbefore provided. Vessel found in violation of law; how to be seized, confiscated and sold