CHAP. 328.--An ACT to amend and re-enact sections 3282 and 3287 of the Code of Virginia, as amended, in relation to oysters and clams, so as to include crab-meat and scallops within the provisions of said sections.

1. Be it enacted by the general assembly of Virginia, That sections thirty-two hundred and eighty-two and thirty-two hundred and eighty-seven of the Code of Virginia, as amended, be amended and re-enacted so as to read as follows:

Section 3282. When the health commissioner is satisfied, as a result of an examination, analysis, or inspection, made pursuant to section thirty-two hundred and eighty-one, that the oysters, scallops, and clams upon such ground, or in such packing houses, or crab-meat in packing houses or other places where they are sold, or offered for sale, as in said section thirty-two hundred and eighty-one described, are unfit for market; or, that such packing house, or other place is so insanitary as to render it an unfit place in which to prepare oysters, crab-meat or scallops or clams for market, he shall notify the commissioner of fisheries, and the owner or operator of such oyster, scallop or clam ground, packing house, or other place, of such fact.

Upon receipt of such notice, the owner or operator of such oyster, scallop or clam ground, packing house, or other place, shall cease to take oysters and clams from such ground, except as is provided in section thirty-two hundred and eighty-four and section thirty-two hundred and eighty-five, and shall cease to prepare for market, or to sell, or offer for sale, or to dispose of, in any manner, oysters, crab-meat, scallops or clams in such packing houses or other place, as herein mentioned, until the cause for such notice shall have been removed or relieved, to the satisfaction of said health commissioner.

And the said health commissioner may establish, alter, and change, in his discretion, at any time, standards which shall control the marketing of oysters, clams, crab-meat and scallops; and he shall be the sole judge as to whether or not such oysters, clams, crab-meat and scallops are fit for market, and also of such standards.

When from the examinations provided for in section thirty-two hundred and eighty-one of this act, the health commissioner is satisfied that the oysters, scallops, and clams upon any ground, in this State, are unfit for market, he shall in collaboration with the commissioner of fisheries, cause the limits or boundaries of such area, upon which such oysters, scallops, and clams are located or planted, to be condemned and to remain so, until such time as the health commissioner shall find such oysters, scallops, and clams relieved from the condition existing at the time of such examination, and fit for market.

Section 3287. For the purpose of carrying out the provisions of the six preceding sections, the health commissioner and the commissioner of fisheries, and such agents or assistants of either of the said commissioners as are now or may be hereafter appointed, may enter upon premises located in the State of Virginia, or upon any boat, vessel, barge, car, or other conveyance, wharf, packing or shucking house,store, stall, or other place where oysters, clams, crab-meat or scallops may be found, and if it appears that the provisions of said sections, or any of them, have been violated, may, with or without a warrant, arrest any person or persons, who are, or who have been, or who are believed to be, or have been, in charge of such oysters, clams, crab-meat or scallops, and may seize, in the name of the Commonwealth of Virginia, and take possession of such oysters, clams, crab-meat or scallops, and may seize and take possession of any boat, vessel, barge, car, or other conveyance, used in violation of the provisions of said sections, together with the cargo of any such boat, vessel, which may be held till the accused has paid the penalty for his offense, if upon trial he is found guilty, or has upon trial been acquitted, as the case may be. Any person or persons impeding, hindering or interfering with the said commissioners, their agents or assistants, or persons appointed by them, or either of them, in the discharge of their duties in carrying out the provisions of said sections, and any person or persons, firm or corporation who shall violate any of the provisions of said sections, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars for the first offense, and for any subsequent offense not less than fifty dollars, or may be punished by imprisonment, not exceeding one year, or both, in the discretion of the court trying the case. Any fine assessed and collected hereunder, shall be paid into the treasury of this State, through the oyster officials, as in the case of all other fines imposed and collected for violation of the oyster laws; and in addition to the penalties herein provided, the oysters, clams, and scallops taken from such areas, contrary to the provisions of said sections, shall be forfeited to the Commonwealth. When an oyster inspector is directly instrumental in apprehending and bringing to trial an offender, against whom a fine is imposed and collected, under said sections, one-fourth of the fine shall go to the said inspector, and the remaining three-fourths shall be paid into the treasury, as aforesaid.