ART. 72] POTOMAC. 1583

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 render removal impossible without destroying the young
oyster, then it shall not be necessary to remove it. And it shall be un-
lawful 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. Whenever any inspector or other officer
shall have reason to believe that this section has been violated with
reference to the culling of oysters, said 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 a vendor of oysters, shall be
fined not less than one hundred dollars nor more than two hundred and
fifty dollars and confined in jail not less than thirty days or more than
six months, 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 a boat in which onlv
oyster tongs are used, the said captain or other person in charge shall
be fined not less than fifty dollars nor more than one hundred and
twenty-five dollars, and confined in jail not less than fifteen days nor
more than three months, 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; pro-
vided, however, that when any person shall be found with oysters in
violation 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. Because of the necessity that legis-
lation regulating the taking of oysters in the Potomac river shall be
concurrent as to the States of Maryland and Virginia, it is further pro-
vided that this section shall take effect from the date of its passage;
provided, concurrent legislation has heretofore been passed by the gen-
eral assembly of Virginia, or if not passed then, immediately upon the
passage thereof.

1904, art. 72, sec. 60. 1894, ch. 380, sec. 52. 1904, ch. 341.
62. It shall not be lawful for any citizen of Maryland or Virginia
to take or catch oysters with a scoop, scrape or dredge or any such
instrument in the waters of the Potomac river between the fifteenth day
of March and the fifteenth day of October 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 April 25th and October 1st of