Virginia citizen. (Irvington, Va.) 1891-1921, 1903-10-09
TEXT OF OPINION.

1880 w OA ANAON.
The opinion follows:
In this matter a certificate for in
corporation WAS presented to the COM
mission, complying in its general
statements with the requirements of
section 2, chapter 1, of the corpora.
ton law of Virginia Upon exami-
nation of the certificate, it appears
that the object of the proposed cor.
poration is to deal in oysters gener-
ally, embracing the leasing of oyster
grounds or bottoms from the State
of Virginia, and taking them by
purchase or lease from others who
had Heretofore leased from the State.
and generally engaging in all matters
necessary for the proper transaction
of such business. The directors
named in the certificate are three in
number, of whom two are non-resi-
dents of the State, and it appears
from the notarial certificates that of
the i've persons signing and acknow-
Lodging the certificate four are nom
residents Of the State of Virginia. It
Is provided under section alag of
the code of Virginia, that if any cit
izen OF this State be concerned, or
interested, with any person not a
resident thereof, in taking, catching
or planting oysters therein, or shall
knowingly permit any person, not q
resident of this State, to take, catch
or plant oysters therein, in his name.
he shall be fined $500. 1t is further
provided in clause 10 of section 2I53
OF the code as amended by acts 1896
go, page 334, that if any person
other than resident of this State.
shall take or catch crabs, oysters or
other shell fish in waters of the
State, or rent any oyster plant ting
ground or plant oysters in any Of
the waters of the State, he shall be
deemed guilty of a felony.
These statutes indicate in tho
st~nngest manner the policy of the
. ate not to permit non-residents to
Ell gage In the taking of oysters in
the waters of the State, nor to be in
terested with others in such an en-
terprise. The association, therefore.
of citizen of Virginia with non-res.
idents of the State to engage in anv
OF the matters declared unlawful in
the statutes just referred to makes
such association itself the vehicle for
the promotion Of an unlawful object.
The hrst section of chapter / of
our new corporation law, under
which this certificate for incorpora.
ton is presented to the commission. |
allows the applicants to associate
TO establish a corporation for
the transaction of any lawful bus |
mess, or to promote or conduct
any legitimate object or purpose.
1t appears upon the face of this
certificate that the object of this
present incorporation is to enable. |
under the form of corporation, the
association of residents and non-resl-
tents to take place for the pi osecu-
lon OF a business declared by the
statutes, already cited, to be unlaw-
'ul. We do not see how we can de-
'lare that this association of persons
8 for the transaction of a lawful
business, or is to promote or conduct
legitimate object or purpose, when
he very business and the very OBJ
ect and purpose declared upon the
ace OF the certificate is made the
ubJect of criminal prosecution
!nder the statutes above referred to.
We are, therefore, of opinion that we
re constrained to refuse to issue the
rider for incorporation upon this
ertificate. l.
1t may be true that an association
aight be formed of Virginia citizens
together. and a charter granted to
hem for the purpose of planting and
aking oysters, and that one of the
ltizens might transfer his stock
, such corporation to a nonresident
nd In that way a on.resident be-
ONE interested in the planting and