2270 ARTICLE 72.

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 hundred dollars, or confined in jail
not less than fifteen days nor more than three months, either or both, and
said cargo confiscated and returned to the natural beds under the super-
vision 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 to be a tonger the
burden shall be upon said person to show that he is a tonger only. Pro-
vided, 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.

An. Code, sec. 68D. 1912, ch. 4, sec. 4. 1922, ch. 319.

74. It shall be lawful between the first day of October and the twenty-
fifth day of April of each year, and at no other time, to take oysters with
ordinary or patent tongs, and in no other manner from the natural rocks,
beds and shoals in the Potomac river above a straight line drawn from
North point at the mouth of Upper Machodoc creek in the county of King
George, Virginia, to Lower Cedar Point in Charles county, Maryland.
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 catching 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.

It shall be unlawful to dredge or scrape on the natural rocks, beds and
shoals of the Potomac river at any time with any boat propelled other
than by sail, and the penalties otherwise prescribed for unlawful dredging
shall be imposed under this section for any violation of this Act.1

An. Code, sec. 68E. 1912, ch. 4, sec. 5.

75. 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

See foot-note to sec. 62.

1 Sec. 2 of the act of 1922, ch. 319, provides "that upon the taking effect in the state
of Virginia of _the provisions prescribed in this act, the governor of Maryland shall issue
his proclamation declaring the provisions of this act to be effective."