OYSTERS. 413

officer. The cost of re-culling and expenses incident to same shall be borne
by the violator. Provided, that this Section shall not apply to seed oysters
or plants taken under other provisions of this Act from 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, 1924, sec. 74. 1912, sec. 68D. 1912, ch. 4, sec. 4. 1922, ch. 319.

1927, ch. 476, sec. 74.

74. It shall be lawful between the first day of October and the fifteenth
day of April of each year, and at no other time, to take marketable 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, Mary-
land. 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 privi-
lege 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 marketable 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, or with a power boat from which the shaft and propeller have
not been withdrawn, and the penalties otherwise prescribed for unlawful

dredging shall be imposed under this Section for any violation of this
Act.

An. Code, 1924, sec. 75. 1912, sec. 68E. 1912, ch. 4, sec. 5. 1927, ch. 476, sec. 76

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 Vir-
ginia, oysters, whose shells measure less than three inches from hinge to
mouth taken from natural rocks, beds and shoals in said 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, during the period between the first day of Jan-
uary and the first day of May in any year. The said permit shall be ob-
tained from any oyster inspector, or any officer in charge of a Virginia or
Maryland oyster police boat, for each boat or vessel to be used in carrying
said oysters as aforesaid, and shall state the name and tonnage (if regis-
tered in the custom house) of the boat or vessel, the name of the owner and
the master thereof, and to what waters in Maryland or Virginia such cargo
of oysters is to be carried. Before such permit shall be granted the owner
or master of such boat or vessel shall take and subscribe to an oath before
said officer that the said boat or vessel will not be used for carrying said
oysters to any State other than Maryland or Virginia, or for any other
purpose than for planting the same in the waters of one or the other of the