CHAP. 385.--An ACT to amend and re-enact an act entitled an act licensing the taking or catching of scallops with scrapes from the public grounds of the Commonwealth, and providing for the designation of public scallop grounds, approved March 28, 1922,...

1. Be it enacted by the general assembly of Virginia, That an act entitled an act licensing the taking or catching of scallops with scrapes from the public grounds of the Commonwealth, and providing for the designation of public scallop grounds, approved March twenty-eighth, nineteen hundred and twenty-two, as amended by an act approved March twenty-ninth, nineteen hundred and twenty-three, be amended, and re-enacted so as to read as follows:

Section 1. It shall be lawful for any person to take or catch scallops with scrapes from the public grounds of the Commonwealth between January first and May first of each year, upon the payment to the inspector of the district in which he resides of a license tax of two dollars per year, and an inspector's fee of fifty cents, which shall include the privilege of marketing and shipping scallops so taken or caught. The inspector shall furnish each such licensee with a metal ring having an inside measurement of one and three-quarters inches, and it shall be unlawful for any person to take, catch or have in possession scallops of a size smaller than one and three-quarters inches, which will pass through said metal ring.

Section 2. Any ground in the waters of this Commonwealth not assigned to anyone for planting or bath purposes, may, on application of twenty or more citizens to the oyster inspector of the district in which the land lies, be laid off and designated as public scallop grounds; or the commission of fisheries may do so without such petition if in its judgment it is expedient; provided, in the opinion of the said commission no oyster interests will suffer thereby, and the scallops are of sufficient quantity for a person to realize at least three dollars per day catching and taking scallops from said ground, and, if laid off, the commission of fisheries shall have the metes and bounds of said grounds accurately designated by proper and suitable stakes, and also have a plat made of same, to be recorded in the clerk's office of the county wherein the ground lies, all costs of surveying, platting and recording to be paid by the applicants; and said grounds shall be set apart and remain as public scallop ground for the common use of the citizens of this State so long as the said commission may deem best, and shall not be assigned to anyone during such period.

Section 3. Any person violating any provision of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not less than twenty-five dollars, nor more than one hundred dollars, and be confined in jail not less than ten days nor more than six months.

2. All acts and parts of acts inconsistent with this act are hereby repealed.