the judgment of the court having jurisdiction of the offence, or Acts 1874, ch. 214, p. 247 otherwise forfeit the bond. If judgment be rendered against the defendant, it shall be a part of the judgment of the court, that, if the penalty and costs be not forthwith paid, all the property so seized, or so much thereof as may be necessary, shall be sold as the court may direct, and the proceeds accounted for as if it were the property of the defendant seized under an execution for the satisfaction of the judgments. Any constable or inspector making an arrest under this act, shall be entitled to receive a fee of two dollars for every arrest so made, which shall be taxable in the costs. Parties discharged by paying minimum fines. 36. For any fines imposed by this act, it is hereby provided, that any party liable to such fine may pay to the inspector, by consent of the judge of the county or corporation court of the county or corporation wherein the offence was committed, entered of record in the clerk's office of said court, in term time or vacation, the fine agreed upon, and all costs: provided said fine is not less than the minimum amount imposed by law, and be discharged from all legal proceedings instituted, or which may be instituted against. him. The clerk of said court shall forward immediately to the auditor of public accounts a transcript of said record, for which service, as well as other services required of him by this act, he shall receive from the party fined, the fees prescribed by law for similar services. One-fourth of all fines imposed and collected for a violation of any of the provisions of this act shall go to the inspector, one-fourth to the informer, and the remaining half to the commonwealth. For the failure of any officer or person to perform any duty herein required, for which no special penalty is prescribed in this act, such officer or person shall be liable to pay a fine of not less than fifty nor more than one thousand dollars. 37. Each inspector appointed under the provisions of this act, may designate, not exceeding twelve citizens, resident within the limits assigned him, who, when approved by the county court, shall constitute a police force to aid the said inspector in enforcing any of the provisions of this act. They shall be empowered to make arrests, without warrant, for any violation of this act. Natural oyster beds not to be staked in or used for planting oysters or shells; obstruction to be removed. 38. It shall not be lawful for any person to stake in or use for the purpose of planting oysters or shells, or for depositing oysters while making up a cargo for market, any natural oyster bed, rock, or shoal, or any part thereof, nor shall any person who may have occupied and staked off such natural bed, rock, or shoal, continue to occupy the same; and it shall be the duty of the inspectors appointed under the provisions of this act, within their respective Acts 1874, ch. 214, p. 248 limits, to notify all persons violating the provisions of this section, of the penalties imposed for such violation, and to require of them to remove all oysters planted, and all stakes, watch-houses, or other obstructions from the said natural beds, rocks, or shoals; and if, after such notice given, any person offending against the provisions of this section shall refuse or fail to remove his stakes or other obstructions, the same shall be removed by the inspector at the cost of the offender; and moreover, he shall be liable to a penalty of not less than fifty nor more than one thousand dollars. Inspectors to report to clerks of county courts. 39. Each inspector or assistant inspector authorized to collect any fines, fees, and taxes under the provisions of this act, shall quarterly report to the clerk of the court of the county or corporation in which he resides, the amount of fines, fees, and taxes collected by him during the preceding three months, and the names of the parties from whom the same were collected, with the date of collection. It shall be the duty of the clerk to keep a book with an index alphabetically arranged, in which these reports shall be recorded, the said book at all times accessible for inspection by the public; for which service the clerk recording the same shall receive the fees now allowed by law for similar service out of the public treasury. It shall also be the duty of the inspector to give the party a receipt for all fines, fees, and taxes collected by him, which receipt shall, in addition to the facts usually set forth in such receipts, give the name of the county in the clerk's office of which his report, as above required to be made, is or will be recorded. any inspector or assistant shall fail to comply with any of the provisions of this section, he shall, after trial and conviction thereof before any court authorized to try the same, be immediately removed from office by the court of the county or corporation, and shall forfeit, in proceedings on his official bond, an amount not exceeding five hundred dollars, as may be ordered by the judge rendering the judgment. If 40. It shall be the duty of the several clerks of the county and corporation courts to make return to the auditor of all fines imposed. Larceny of oysters. 41. Any person who shall take oysters imbedded or planted by any person of this state, or any oysters deposited by any person making up a cargo for market, or shall carry, or attempt to carry, the same away without permission of the owner thereof, shall be guilty of a misdemeanor, if the amount so taken shall be of less value than fifty dollars, and shall suffer the penalty now imposed by law for persons found guilty of petit larceny; and should the amount be of greater value than fifty dollars, he shall be deemed guilty of felony, and shall suffer the penalty now prescribed by law Acts 1874, ch. 214, p. 249 for grand larceny. 42. And if any person shall take and carry away any shells planted for the formation of oyster beds without permission of the owner, he shall, on conviction, be punished as prescribed in the preceding section for the larceny of oysters.. Definition of a resident. 43. No person shall be considered a resident of this state (within the meaning of the term used in this act) who is not a tax-payer in the state, and shall not have resided therein for twelve months next preceding the time when any offence with which he has been charged may have been committed; and in all questions arising as to residence under this act, the onus probandi shall rest on the defendant. Prosecutions for violation of law. 44. Where any difficulty may arise in the execution of this law, it shall be the duty of each inspector to give information of any violation thereof known to him, or which may be brought to his notice, to the attorney for the commonwealth for the county or corporation in which any offence may have been committed, and shall be guided by his instruction in the mode of proceeding and the remedy provided. And it shall be the duty of said attorney to institute the proper proceedings accordingly, and prosecute the same as provided by this act and the revenue laws of this state. The penalties; how recoverable. 45. The penalties herein prescribed, not otherwise provided for, if not exceeding fifty dollars, shall be recoverable by warrant before any justice of the peace of the county or corporation in which the offence was committed; but either party shall have the right to appeal to the county or corporation court as prescribed by law for appeals in like cases. If said penalties exceed the sum of fifty dollars, they shall be recoverable by presentment, indictment, or information in the county or corporation court having jurisdiction thereof. Saving for persons already taxed. 46. No person who shall have paid the tax imposed by the law existing before this act takes effect, shall be required to pay license or pay any tax imposed by this act until the expiration of the year for which he has paid such tax. 47. That the act in force April first, eighteen hundred and seventy-three, entitled an act for the preservation of oysters and to obtain revenue for the privilege of taking them within the waters of the commonwealth, and all acts and parts of acts coming within the purview of this act, shall be and the same are hereby repealed. 48. That this act shall take effect and be in force from and after its passage. Taking oysters from Russ' rock, Rappa prohibited AN ACT TO PREVENT THE CATCHING AND TAKING OF OYSTERS FROM PAHANNOCK RIVER. Approved March 17, 1876. 1. Be it enacted by the general assembly, That it shall be unlawful for any person, within five years from the passage of this act, to hannock river, catch or take oysters from an oyster bed known as Russ' rock, situated in the waters of the Rappahannock river, a few miles below the town of Tappahannock, in the county of Essex, for the purpose of carrying them out of the state, or for the purpose of bedding or planting them with a view of eventually carrying them out of the state, or selling them to be carried out of the state. Commencem't 2. Any person violating the provisions of this act shall be liable to a penalty of fifty dollars. 3. This act shall be in force from its passage. Licenses to sell &c AN ACT IMPOSING A TAX AND PRESCRIBING THE MODE OF COLLECT- DEBT, APPROVED MARCH THIRTY, EIGHTEEN HUNDRED 1. Be it enacted by the general assembly, That no person shall, ardent spirits, within the limits of this commonwealth, sell wine, ardent spirits, malt liquors, or any mixture thereof, either by wholesale, retail, or to be drunk at the place where sold, or in any other way, without having first obtained license therefor; nor shall such license extend to him the privilege of selling in either way, except in the manner hereinafter provided. A license to sell by wholesale, shall include only the privilege to sell in quantities of five gallons or more. A license to sell by wholesale and retail, shall include only the privi lege to sell in quantities of one gallon or more. A license to sell by retail, shall include only the privilege of selling in quantities not exceeding five gallons at any time to any one individual, which shall not be drunk within the house or curtilage where sold, but shall be delivered to the purchaser in bottles, jugs, demijohns, or other vessels, to be removed therefrom. A license to sell to be drunk at the place where sold, shall be known as a bar-room license, under which no wine, ardent spirits, malt liquors, nor any mixture thereof, shall be sold to be taken away from the place of delivery, but shall be drunk there. Any person desiring to carry on the business of a retail liquor merchant, and also that of a barroom keeper, shall obtain a separate license for each, and comply with all the provisions of this act in relation to both privileges. Any person violating the provisions of this section, shall be deemed guilty of a misdemeanor, and shall be fined not less than twenty dollars nor more than five hundred dollars, and be imprisoned not less than one month nor more than twelve months. 2. Any person who desires a license to sell by retail, or to keep By retail, &c a bar-room, shall first apply therefor to the court of the county or corporation in which he resides; and if the court be fully satisfied, upon hearing the testimony for and against the application, should any be offered, that the applicant is a fit person, and that the place. of business is suitable and convenient, it shall, upon the execution by the applicant of a bond, with good security, payable to the commonwealth of Virginia, in a penalty of not less than one hundred nor more than one thousand dollars, conditioned for the faithful performance of all the requirements of this act, grant such license; and thereupon the commissioner of the revenue shall issue the same in such form as may be prescribed by the auditor of public accounts. If the county court shall refuse to grant the application, the party aggrieved may, during the term at which such refusal is entered, appeal to the judge of the circuit court of said county, in term time or vacation, and the judge thereof shall take cognizance of said appeal, and may grant the license upon the terms required by this act. In cities and towns containing a population of over five thousand inhabitants, the bond required by this section may be executed, the penalty thereof having been ascertained by the court, before the clerk of the court. All bonds taken under the provisions of this act shall contain a waiver of homestead. 3. It shall be the duty of the auditor of public accounts, as soon Register after the passage of this act as practicable, to cause to be constructed in sufficient numbers, by letting to the lowest responsible bidder, an apparatus to be known as a bar-room register, and adopted by the twenty-first section of this act. Whenever he shall have the same constructed in sufficient numbers to supply any county, |