OYSTERS. 2265

of Maryland or Virginia and shall have been a resident of the State of
which he is a citizen for twelve months immediately preceding. Any one
violating this section shall be subject to a fine of five hundred dollars; any
vessel in which oysters are taken contrary to this section shall be for-
feited and sold, one-half of the proceeds to go to the State where convicted
and the other half to the informer.

An. Code, sec. 61. 1906, ch. 468.

63. All oysters taken from any natural rocks, beds or shoals in the
waters of 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 upon said rocks, beds or shoals,
provided that oysters once passed from the culler less than the prohibitized
size, and all shells shall be considered as not having been culled, accord-
ing 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 re-
moval impossible without destroying the young oyster, then it shall not 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. 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 hun-
dred 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
only 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 davs 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; provided, 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

See foot-note to sec. 62.