460 OYSTERS. [ART. 72

taking oysters for private use, or transplanting or cultivating,
not for sale, at any time from his private beds within the State.
Persons violating the provisions of this section shall be deemed
guilty of a misdemeanor.

1894, ch. 380*.

15. Any person who shall violate any provisions of sections
seven to fifteen, inclusive, of this article, except sections nine, ten,
ten A, eleven and thirteen, where the penalty is prescribed, shall
be deemed guilty of a misdemeanor, and upon conviction thereof
before any court or justice of the peace, shall be fined not less
than twenty-five dollars nor more than three hundred dollars, in
the discretion of the court or the justice of the peace by which
such person shall be tried, or imprisoned in the county or city
jail, or in the house of correction for not less than one month
nor more than twelve months, in the discretion of the judge or
justice of the peace trying the same; provided, however, that
any owner, master or person in charge of a canoe, boat or vessel
used in taking or catching oysters with rakes or tongs, who shall
be convicted of having in possession on said canoe, boat or vessel
oysters containing more than five per cent, of shells and small
oysters, as provided in section eight, shall be fined a sum not less
than ten dollars nor more than fifty dollars, in the discretion of
the judge of the court or the justice of the peace before whom
such person shall be tried; and one-half of every fine imposed
for a violation of this section shall be paid to the informer unless
he be an officer of the State fishery force.

Ibid.

16. It shall be unlawful for any person to take, or catch oysters
on Sunday or at night; and any person violating this section
shall, on conviction thereof, be fined a sum of not less than fifty
dollars nor more than three hundred dollars, or sentenced to the
house of correction for a period of not less than three months
nor more than one year, or forfeit the boat, vessel or canoe used
in violation of this section, in the discretion of the judge or jus-
tice of the peace trying the case. "
Messick v. State, 82 Md. 585.