2708 ARTICLE 72

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 vendor of
oysters, and if he claims to be a tonger, the burden shall be upon said per-
son to show that he is a tonger only. In case there is an appeal or waiver
of trial before Justice of the Peace, in order to provide for the disposition
of any oysters that have been declared unmerchantable, the cargo of oysters
shall remain iri the possession or custody of the Deputy Commander, In-
spector or other officer making the arrest until the captain of the boat or
vessel or the packer shall have reculled the oysters in question; and the
officer under whose supervision the re-culling is done, after ascertaining
the quantity of unmerchantable oysters and shells so culled out, shall give
the captain or other person in charge of said vessel or packing house, a
certificate showing the number of bushels of such unmerchantable oysters
and the said captain or other person shall return said unmerchantable oys-
ters so culled out to the natural beds or bars under the supervision of the
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.

67. 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 Worth 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
sub-title.

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

68. 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-