CHAP. 511.--An ACT to protect the oyster industry of the commonwealth.

1. Be it enacted by the general assembly of Virginia, That the board on the Chesapeake and its tributaries
shall, as soon as possible after the passage of this act, cause to be made a true and accurate survey of the natural oyster beds, rocks and shoals of the commonwealth, said survey to be made with reference to fixed and permanent objects on the shore, giving courses and distances, to be described in the written report of said survey hereinafter required; and a true and accurate delineation of the same shall be made on copies of the published maps and charts of the United States coast and geodetic survey, which said copies shall be filed in the archives of this state, in the capitol at Richmond. And the said board shall further cause to be delineated, on a copy of the published maps and charts of the United States coast and geodetic survey, of the largest scale, for each of the counties of the commonwealth, in the waters of which there are natural oyster beds, rocks, or shoals, all the natural rocks, beds or shoals lying within the waters of each of said counties, which said maps shall be filed in the clerk's office of the county court of the county wherein may be the grounds so delineated. For example: The map delineating the grounds lying in the waters of the county of Accomac, to be filed in the clerk's office of the county court of Accomac, and so on.

2. And the said board on the Chesapeake and its tributaries, in order to carry into execution this law, shall direct the fish commissioner, who is hereby appointed a shell fish commissioner, whose duty it shall be to direct and control the survey herein provided for. Said commissioner shall cause to be marked and defined, as accurately as is practicable, the limits and boundaries of the natural oyster rocks, beds and shoals, as established by said survey, and he shall take true and accurate notes of said survey, in writing, and make up such an accurate report of said survey, setting forth a description of the lines, with courses and distances, and description of the land marks, as may be necessary to enable the oyster inspector to find and ascertain the boundary lines and limits of said natural oyster rocks, beds and shoals, as shown by the delineation on the maps and charts provided for in section one of this act. Said report shall be completed and transmitted to the board on the Chesapeake and its tributaries within three months after the completion of the said survey. The said board shall cause the same to be published survey. pamphlet form and transmit copies of the same to the clerk of the county court of the counties where the charts have been filed or directed to be filed as hereinbefore provided for--the said report to be filed by the clerks of the said several counties. And the said survey and report, when so filed, shall be, and be construed to be, in all the courts of the commonwealth, as conclusive evidence of the boundaries and limits of the natural ouster beds, rocks and shoals lying within the waters of the counties wherein such survey and report are filed: provided if any natural rock, bed or shoal is left out in these surveys, they shall not be used for planting grounds, but shall be subject to the general oyster law of the state. All the work appertaining to and necessary to the completion of said survey shall be under the control and done under the direction of the board on the Chesapeake and its tributaries, which said board is hereby empowered to require the shell fish commissioner hereinbefore named to do all things necessary to the successful prosecution and completion of the said survey.

3. The said board on the Chesapeake and its tributaries shall have the control and management of any fund which may be appropriated to carry into execution this law, and the said board shall turn over to the shell fish commissioner, to be appointed under this act, at such times and in such amounts as they may deem necessary and proper, any portion of such appropriation, and said shell fish commissioner shall disburse the same in defraying the proper and actual expenses of executing this law, and he shall make a true and detailed report of his disbursements to the said board. But before said commissioner shall perform any of the duties hereby imposed upon him or receive any money under this act, be shall execute bond in the penalty of two thousand dollars, payable to the commonwealth of Virginia, conditioned for the faithful performance of his duties.

4. The county court of the counties in the waters of which there are any natural oyster-beds, rocks, or shoals, shall, in term time or vacation, appoint three commissioners for each of said counties respectively. These three commissioners shall act with the shell fish commissioners in their respective counties. These three commissioners shall determine the question of what bottoms are natural oyster-beds, rocks, or shoals, and the lines defining these limits shall be run by the shell fish commissioner and the engineer as they direct. These commissioners shall receive for their services the sum of two dollars per day while actually so employed.

5. Said shell fish commissioner shall be paid the sum of one hundred and fifty dollars per month for the time he is actually engaged in the execution of the work as hereinbefore set forth: provided said work shall not consume a longer period than twelve months of actual work from its beginning; and when the survey and report hereinbefore mentioned in this act have been completed, the duties and the salary of the said shell fish commissioner shall cease and determine.

6. The board on the Chesapeake and its tributaries shall avail themselves in executing this law of the assistance tendered by the United States coast and geodetic survey.

7. This act shall be in force from its passage.