774 OYSTEES. [ART. 72

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 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.

1912, ch. 4, sec. 4.

68D. 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 Vir-
ginia, 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 unlawful 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 hun-
dred dollars, or confined in jail not less than thirty days nor more than
six months, either or both. Any citizen of Maryland or of Virginia 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 catch-
ing oysters with ordinary or patent tongs in such State, shall have the
right without further license tax to take oysters with such tongs above
the said line during the open season provided for in the waters above
said line.

1912, ch. 4, sec. 5.

68E. It shall be lawful for any citizen of Maryland or of Virginia,
after having obtained a permit as hereinafter provided, to buy and
carry out of the Potomac River to be planted in the waters of either
Maryland or Virginia, oysters whose shells measure less than two and
one-half inches from hinge to mouth taken from natural rocks, beds
and shoals in said 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.
during the period between the first day of January and the first day of
May in any year. The said permit shall be obtained from any oyster
inspector, or any officer in charge of a Virginia or Maryland oyster