32 LAWS OF MARYLAND. [Ch. 4]

dredge, or any such instrument in the waters of the Potomac
River between the fifteenth day of March and the first day of
November of each year; it shall not be lawful for any citizen
of either State to take oysters with tongs from the waters of
the Potomac River between the twenty-fifth day of April and
the fifteenth day of September of each year, except as herein-
after provided in section 4 of this act; it shall not be lawful
for any person to have in possession any oysters taken from
the waters of the Potomac River between the first day of May
and the fifteenth day of September of each year. Every per-
son found guilty of violating any of the provisions of this
section shall be fined not less than fifty dollars nor more than
five hundred dollars for each offense, and the vessel, together
with its equipment and cargo, used in violating any such pro-
visions, shall be forfeited to the State.

SEC. 3. Providing a cull law and imposing penalties. All
oysters taken from any natural rocks, beds or shoals within the
Potomac River shall be culled on their natural rocks, beds or
shoals as taken, and oysters whose shells measure less than two
and one-half inches in length, measuring from hinge to mouth,
and all shells shall be included in said culling and replaced on
said rocks, beds or shoals; provided, that oysters once passed
from the culler less than the prohibited size, and all shells
shall be considered as not having been culled according to the
provisions of this section; provided, that when small oysters are
adhering so closely to the shell of a marketable oyster as to ren-
der removal impossible without destroying the small oyster, then
it shall be necessary to remove it. And it shall be unlawful
for any person to take, buy or sell the small oysters and shells
from the natural rocks, beds and shoals as aforesaid, or to
take, buy, sell or have in possession oysters less than two
and one-half inches in length from hinge to mouth. When-
ever any inspector or other officer shall have reason to believe
that this section has been violated with the reference to the
culling of oysters, such inspector or other officer is hereby
authorized to examine the cargo of any boat or vessel, and if
upon examination of said cargo" the said inspector or other
officer shall find that five per centum or more of said cargo
shall consist of shells and oysters whose shells measure less
than two and one-half inches in length, measuring from hinge
to mouth, the captain of the boat or other person in charge of
said boat shall be deemed to have violated this section, and upon
conviction, if of a dredge boat or vender of oysters, shall be
fined not less than forty dollars nor more than two hundred
dollars, or confined in jail not less than thirty days nor more