Virginia citizen. (Irvington, Va.) 1891-1921, 1910-04-22

Tor any resident citizen of this State tc
take or catch clans not under the pro.
hiblted size of one and seven-sixteenths
inches or scallops during the season in
which it is not lawful to take or catch
oysters from the natural rocks, beds, or
shoals with tongs of any kind, if for
said privilege he shall first pay to the
Inspector of the district where said cit
izen resides fifty cents for his services
and specific tax of two dollars for
each pair of ordinary tongs to be used,
or for each person who shall take or
catch such clans or scallops by treading
or with hands, provided they be not for
domestic use; or if such citizen desires
to use patent tongs for such purpose.
he shall pay the Inspector fee of fifty
cents and specific tax of five dollars
for each pair of such tongs to be used;
but no additional fee shall be exacted
where the person was already licensed
during the previous open season for ta-
king oysters: provided, it shall be un-
lawful to take or catch CLAIMS at any
time or by any means in Pocomoke
sound above line drawn from Drum
Bay Point, in the county of Accomac,
and running north-northwest course
to the line between the States of Mary
land and Virginia, except upon such
grounds in those waters as may be set
aside for claiming or grabbing purpo-
ses by the commission of fisheries.
Q5) Every person engaged in the
business of buying, marketing and ship
ping clans shall, for such privilege on
or before October first of each year,
pay to the Inspector of the district in
which such person does business a Ii
cense tax per year as follows, and, in
addition fee of fifty cents to said in
spector for his services; less than twen-
ty thousand CLAIMS per year, two dol
lars; from twenty thousand to fifty
thousand clans per year, five dollars;
from fifty thousand to one hundred
thousand clans per year, ten dollars;
over one hundred thousand clans per
year, twenty dollars. Any person fail
ing to comply with the requirements of
this section or violating any of its pro-
visions shall be fined not less than ten
nor more than two hundred dollars; and
if such person shall have in his posses
sion any oysters while taking or catch
ing CLAIMS or scallops during the season
in which it is not lawful to take or
catch oysters from the natural rocks,
beds, or shoals, he shall be prima facie
guilty of violating the law against TAX
ing or catching oysters, therefrom dur
ing such season; and upon conviction
the penalty shall be the same as for ta-
king or catching oysters from the nat
ural rocks, beds, or shoals during the
prohibited season,
u6) Any ground in the waters of
this Commonwealth not assigned to
any one for planting or bath purposes,
may be, on application of twenty or
more citizens to the oyster inspector of
the district in which the land lies, laid
off and designated as public clamming
or grabbing grounds; or the commission
of fisheries may do so without such pc
tition if in their judgment it is expedi-
ent; provided, in the opinion of the
commission of fisheries no oyster inter-
ests will suffer thereby and the CLAIMS
or crabs are of sufficient quantity for
person to realize at least one and one
half dollars per day catching and TAX
ing CLANS or crabs from said ground,
and, if laid off, the commission of fish
cries shall have the metes and bounds
of said ground accurately designated by
proper and suitable stakes, and also
have plat made of same to be record
ed in the clerks Office of the county
wherein the ground lies, all costs of
surveying, plating and recording to be
paid by the applicants; and said ground
shall be set apart and remain as public
claiming or grabbing ground for the
common use of the citizens of this
State so long as the said commission
may deem best and shall not be assign
ed to any one during such period.
Q0 Should there be no oyster in
spector for the district within the juris-
diction where such fishing, clamming or
Grabbing is desired to be carried on,
then the duties devolving upon oyster
inspectors under this act shall be per.
formed by the commissioner of the rev.
enue for such county or district, anC
such commissioner of the revenue shall
be empowered to issue all licenses, il
conformity with this act, to receive al
fees and taxes herein provided, and shal
make such report and be liable to sucl
penalties for failure to perform the du
ties as are hereinbefore prescribed.
2. Be it further enacted that the fol
lowing sections of the Code of Virgins
and the following acts of the Genera
Assembly of Virginia, and all acts @
parts of acts in conflict with this act be
and the same are hereby, repealed
Sections two thousand and eighty
three, two thousand and eighty-four
two thousand and eighty-fve, two thor
sand and eighty-seven, two thousan
and ninety-six, twenty-one hundred
twenty-one hundred and two, an act er
titled "An act to prohibit the catchin
of blue fish in the waters of this Con
monwealth by non-residents of th
State; to prohibit the employment {
vessels owned by non-residents for sue
fishing; to require a license tax on RESI-
dents for such blue fishing and to in
pose penalty for the violation of tn
act," approved May fifth, nineteen hun
, dred and three; an act entitled "An az
to prohibit the use of pound nets an
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