406 ARTICLE 72.

or hoisting gear whatever. Any person or persons violating any one of
the provisions of this section shall be liable to the penalties prescribed in
the preceding section for taking oysters with rakes or tongs without li-
cense; and the waters within one and a half miles of Sandy Point, Hack-
ett's Point, Tolley's Point, Thomas' Point, Holland's Island Bar and
Three Sisters and Holland's Point Bar shall be held and considered to be
within the limits of Anne Arundel County for the purpose of this section
and Article. ¹

An. Code, 1924, sec. 7. 1912, sec. 7. 1910, ch. 733 (p. 210). 1927, ch. 127, sec. 7.

7. It shall be unlawful for any person or persons to take or catch oysters
in the waters of the Patuxent River above or north of a line drawn from
the north side of Kourkles Creek in St. Mary's County to the southeast side
of the mouth of Hungerford Creek in Calvert County, with any implement
or device other than ordinary rakes and tongs with wooden shafts, to be
used entirely by hand, and without any ropes or hoisting gear whatever.
Any person or persons violating any one of the provisions of this section
shall be liable to the penalties prescribed in section 5 for taking oysters
with rakes and tongs without license; nothing in this section affect offences
committed in whole or in part before March 10, 1910, nor pending prose-
cution for past offences.

Culling.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 7. 1894, ch. 380, sec. 7.
1906, ch. 439. 1927, ch. 125, sec. 8.

8. All oysters taken from any of the waters of this State, either with
scoops, dredges or any similar instruments, or tongs or rakes, shall be
culled upon their natural bed or bar whence taken, and all shells shall be
returned to the bed or bar from which they were taken, and all oysters
whose shells measure less than three inches in length, measuring from
hinge to mouth, whether attached to a marketable oyster or not, shall be
included in said culling and replaced upon said bed or bar as taken; and
when oysters measuring less than three inches are adhering so closely to
the shell of a marketable oyster as to render removal impossible without
destroying the small oysters, then such oysters, including the marketable
oyster or oysters shall be returned to the bed or bar from which they were
taken; and the culling¹ of oysters taken as aforesaid required by this section
shall be actually made and completed before such oysters are thrown or de-
posited in the hold or bottom of any such canoe or boat or vessel aforesaid.

An Code, 1924, sec. 9. 1912, sec. 9. 1004, sec. 8. 1894, ch. 380, sec. 8. 1900, ch. 380.

1927, ch. 125, sec. 9.

9. Any person who shall have oysters in his possession which contain
more than five per cent, of shells, and oysters less than three inches from
hinge to mouth, (whether adhering to marketable oysters or not), which

¹ Sec. 2 of ch. 516 of the acts of 1929 repealed all laws inconsistent therewith to
extent of inconsistency.