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An Act to amend the act, entitled, an act to amend and reduce into one act all acts and parts of acts to prevent the destruction of oysters 1836 55 (1836)

handle is hein.slavery/ssactsva0520 and id is 1 raw text is: Presrvation of Oyste's. thereof. And in all questions which may arise as to residence under this section, the onus Iprobindi shall rest upon the defendant. 2. Be it furtherenacted, That if any person other than an ac- penalty for catch. tual resident and inhabitant of the commonwealth of Virginia, shall Ing oysters and at any time, contrary to the provisions of this act, catch or take oys- torrnpins. ters or terrapins, or use any drag, seine, scoop, net or gil.net, for the purpose of catching or taking oysters or terrapins, or for any other purpose, in the waters mentioned in the foregoing section of -this act, he or she so offending shall, for every such offence, forfeit and pay the sun of two hundred dollars, to be recovered by pre- ilowrocovorable. sentnment, indictment or information, or by action on the case, in any court of record in this commonwealth, by any person who will sue for the same; one half of said fine or penalty to his own use, the other half to the commonwealth, for the benefit of the literary fund. And any justice of the peace of the county in which such nail required. suit may'bo brought, shall make an endorsement on the writ, by which Facl action is commenced, requiring and empowering the sheriff to whom it may be directed, to demand and take hail: Pro- Proviso. videft, The cause of' action shall be first verified by affidavit of the plaitttiff. And on such endorsement being made, it shall h the duty of the sheriff to require and take bail; and in the event of the defendant failing to give bail, the sheriff may take the defen- dant into custody. A rd all bail bonds taken under the provisions of this act, shall he conditioned for the payment and satisfaction by the defendant of any judgment which may be pronounced against him in such action. 3. Be it further enacted, That the sheriff, if in his opinion it Sheriff empow. may be necessary, shall and may take with him the power of the li'!ildm th tossw county to execute any writ which may be issued out under the pro- co,nitat,. visions of this act, and may execute the same in any part of this commonvealth; and shall take into custody, and carry before any ofrnn,lo,,,how justice of the peace of his county, all persons who may oppose him dealt with. in the performance of his duty; which justice shall commit such person or persons so'offending to the jail of his county until lie or they shall give surety for his or their good behaviour for twelve months thereafter. 4. This act shall be in force from the passing thereof. Commencement. CHAP. 81.-An ACT to amend the act, entitled, an act to amend and reduce into one act all acts and parts of acts to prevent the destruction of oysters, passed March 24th, 1831. Btarch 7, I7) 1. Bc it enacted by the general assembly, That no person or oyster, not to be persons shall take or catch oysters, (except in quantities not ex- taken in certain A U'ter5 Within(or- ceeding two bushels, in any one day, for any one family,) for his tain Periods. or her family use, in the waters of York and Coan rivers or any of the branches thereof, at any time between the first day of May and the first day of October in any year; nor shall any person or Nnrbought, nor persons buy, sell, deliver or receive, to, of, or from another, any sold, &c. oysters taken from the waters aforesaid, during or within the space of time aforesaid ; nor shall any person or persons knowingly suffer or permit his, her or their servants or slaves, or any servant or slave in his, her or their service, to violate the provisions of this act: Provided however, That for the county of Northumberland and Aprl a.prohibit d _ month for No,. the waters therein, the month of April shall be one of the prohibited thumbaid.

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