2244 ARTICLE 72.

An. Code, sec. 10. 1906, ch. 439, sec. 8A.

10. It shall be unlawful for any person to transport, or attempt to
transport, outside of this State, for any purpose whatsoever, unmerchant-
able oysters as declared in the preceding section of this article, whether
the unmerchantable oysters be taken from or caught on the natural bars
or beds of this State, or from private beds and lots in this State; and any
violation of the provisions of this section shall be deemed a misdemeanor,
and the captain or person in charge of any boat or vessel used in violation
of the same shall upon the conviction of violating the provisions of this
section before any justice of the peace or court of competent jurisdiction
be sentenced to the house of correction for a period of not less than three
months nor more than six months, and the boat or vessel so used shall be
forfeited, but shall be released upon the payment of a fine of not less than
$100 and not more than $300, and the cargo of such vessel shall be con-
fiscated to the State and shall be distributed under the supervision of the
commander or some deputy commander, or general oyster inspector of
the State fishery force, upon the natural rocks and bars.
See notes to sec. 8.

An. Code, sec, 11. 1904, sec. 10. 1894, ch. 380, sec. 9. 1900, ch. 380. 1922, ch. 519, sec. 11.

11. Any person violating any provision of Sections 8 or 9 of this Arti-
cle, and found having in his possession oysters more than five per centum
unmerchantable shall be deemed guilty of a misdemeanor, and upon con-
viction before any justice of the peace or court of competent jurisdiction,
shall be fined the sum of not less than $40 nor more than $200, or con-
fined in jail not less than 30 days nor more than six months, either or
both, and said cargo confiscated and returned to natural beds or bars under
the supervision of the oyster inspector or other officer making the arrest,
and the boat or vessel shall be held as securitv for the payment of said
fine. If the boat in which only oyster tongs are used,1 the said captain or
other person in charge shall be fined not less than $20 nor more than $100
and the boat in which said oysters are found shall be held as security for
the payment of said fine.

This section referred to as indicating that sec. 9 applies only to oysters taken from
the waters of this state. Tyler v. State, 93 Md. 310.
See sec. 19 and notes to secs. 8 and 9.

1922, ch. 519, sec. 11A.

12. All the provisions of this Article relating to the inspection and
culling of oysters and the imposition of penalties for the violation of the
cull law shall apply to oysters in the shell found anywhere within the State,
whether afloat or ashore, and whether said oysters have been caught within
the waters of this Stat'e or shipped or brought into Maryland from other
States.

1922, ch. 336.

13. All local and general laws of this State fixing or regulating mini-
mum or maximum sizes, of oysters, fish or crabs, respectively, shall apply

1 This line is just as it appears in the act.