Peninsula enterprise. [volume] (Accomac, Va.) 1881-1965, 1902-05-03
Oyster Bill Passed by the Last Legis-
Iature.


To authorize the Board Of Fisheries
to re-adjust the Baylor Survey,
on the ocean side of the counties
of Accomac and Northampton,
and include therein any omitted
natural rocks.
Whereas there were many natural
rocks on the ocean side of Accomac
aud Northampton counties omitted
from the Baylor survey at the time
it was made, some of which have not
been leased, and whereas the afore-
said difficulties cannot be remedied
without special legislation on the
subject therefore.
1. Be it enacted by the General
Assembly of Virginia, that one or
more residents of said counties may
apply to the oyster inspector OF the
district wherein any oyster ground
on the ocean side of said counties
outside of the Baylor survey is
located, stating that such ground
has not been assigned and Is not now
under lease according to the laws Of
this State, and that said ground COM
nrises more than five acres of con-
tiguous natural oyster rock upon
which oysters now grow naturally In
sufficient quantities to make the tax
ing of the same profitable in the
manner that such oysters may be
lawfully taken, and describing the
location of said ground, with such
certainty that the same may be read
ily found, and praying that the same
NAV be included in the Baylor sur
yev and made subject to the laws
governing oyster ground within the
said survey, and upon receipt by the
proper inspector of any application
under this section he shall refer the
same to the board of fisheries.
3. Upon receipt by said board OF
any application under section one,
and before acting thereon, said board
shall give notice of such application,
what ground will be effected there
by, and when and where the same
will be acted on by advertisement
for four successive weeks in some
newspaper published in the county
wherein said ground is, If there be a
paper published in such county, and
by directing the inspector from
whom such application came to post
copies of such advertisement at the
front door of the courthouse of said
county and at three or more public
places in the vicinity OF the ground,
and said board shall permit one OF
more residents of said counties to en-
ter themselves as contestants and to
defend said application.
3. Said board shall take up such
applications at the time and place
named in such notice, and after such
investigation and examination as
they deem proper determine whether
the ground, or any part thereof, nat
urally grows oysters in sufficient
quantities to make the taking OF the
same profitable to practical oyster
men in the manner that such oysters
may now be lawfully taken; and so
much thereof as said board shall de-
termine does naturally grow oysters
in such quantities, if the same con
tains not less than five contiguous
acres, and is not held under assign
ment or lease, said board shall cause
to be properly ascertained and plat
ted in the same way that public oys'
ter grounds of this state were plat
ted, and shall declare such ground to
be natural rock, and shall cause the
same to be added to the public oys-
ter grounds of the county wherein
the same is located in its proper
place upon the chart Of public
grounds filed in the clerks Office OF
the county court of said county, and
when so added said chart shall be
conclusive evidence in all the courts
of this commonwealth that said
ground is natural rock, bed or shoal.
4. All costs occasioned by any ap-
plication under section one,if uncon-
tested, shall be borne by the appli-
can't or applicants; and If such ap-
plication be contested all additional
costs shall be borne either by the APP
plicant or the contestant, and as be-
tween the applicant and contestant
said board shall award costs in favor
of the party substantially prevail
ing.
5. Nothing in this act shall permit
an examination, survey or plating
of any grounds which have been as
signed to any resident of said coun-
ties for the purpose Of planting and
propagating oysters thereon or in
any manner impair any vested in
terest in such grounds acquired by
any resident under the laws of this
State regulating the assignment of
oyster planting grounds.
6. ALL acts or parts of acts in con-
flict herewith are hereby repealed.
z. This act shall be in force from
its passage.