PHILLIPS LEE GOLDSBOROUGH, GOVERNOR. 33

than six months, either or both, and said cargo confiscated and
returned to the natural beds under the supervision of the oyster
inspector or other officer making the arrest, and the boat or
vessel on which said oysters are found shall be held as security
for the payment of said fine; if the boat in which only oyster
tongs are used, the said captain or other person in charge shall
be fined not less than twenty dollars nor more than one hun-
dred dollars, or confined in jail not less than fifteen days nor
more than three months, either or both, and said cargo con-
fiscated and returned to the natural beds under the supervision
of the oyster inspector or other officer making the arrest. And
the boat or vessel on which said oysters are found shall be
held as security for the payment of said fine; provided, how-
ever, that when any person shall be found with oysters in vio-
lation of this section, he shall be presumed to be a dredger or
vender of oysters, and if he claims to be a tonger the burden
shall be upon said person to show that he is a tonger only.
Provided, that this section shall not apply to that portion of
the Potomac River above a straight line drawn from the north
point at the mouth of Upper Machodoc Creek, in the County
of King George, Virginia, to Lower Cedar point, in Charles
county, Maryland.

SEC. 4. Regulating the taking of seed oysters and providing
penalties. It shall be lawful between the first day of January
and the first day of May of each year to take oysters of any size
with ordinary or patent oyster tongs from the natural rocks,
beds and shoals in the Potomac River above a straight line
drawn from the north point at the mouth of Upper Machodoc
Creek, in the county of King George, Virginia, to Lower Cedar
point, in Charles county, Maryland, to be used for planting in
the waters of Maryland or Virginia only; but it shall be unlaw-
ful at any time to take shells to which no oyster is attached,
or to take oysters from said waters at any other time or in any
other manner or for any other purposes than as above provided.
Any person convicted of taking shells as aforesaid, or of taking
oysters from the Potomac River above the said line at any
other time or in any other manner than with oyster tongs, or
for any other purpose as aforesaid, shall be fined not less than
one hundred dollars nor more than five hundred dollars, or
confined in jail not less than thirty days nor more than six
months, either or both. Any citizen of Maryland or of Vir-
ginia who has complied with all the requirements of the oyster
laws of his State entitling him to the privilege for a certain
period of taking and catching oysters with ordinary or patent

tongs in such State, shall have the right without further license
2