1578 OYSTERS. [ART. 72

the thirtieth day of April; nor shall it be construed to prevent
any person from taking oysters at any time from his private
beds within the State for private use or transplanting or culti-
vating but not for sale. Persons violating the provisions of this
section shall be deemed guilty of a misdemeanor.

1694, ch. 380, sec. 15.

16. Any person who shall violate any provision of sections
7 and 15 of this article shall be deemed guilty of a misde-
meanor and upon conviction thereof before any court of compe-
tent jurisdiction shall be fined not less than fifty dollars nor
more than three hundred dollars, in the discretion of the court
or justice of the peace by which such person shall be tried, or
be 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 such judge or justice of the peace ;
provided, however, that any owner, master or person in charge
of a canoe or boat used in taking or catching oysters with
rakes or tongs who shall be convicted of having in his posses-
sion on said canoe or boat oysters containing more than five
per cent, of unmerchantable oysters, as provided in section 8,
shall be required to cull his cargo and dispose of the culls as
required in section 10 of this article and shall be fined a sum
not less than ten dollars nor more than fifty dollars, in the
discretion of the judge or justice of the peace before whom such
person shall be tried; one-half of every fine imposed for any
violation of this section shall be paid to the informer, unless he
be on officer of the State fishery force.

Ibid. sec. 16.

17. 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 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 justice of the peace trying the case.

Messick v. State, 82 Md 585

Ibid, sec 17.

18. The fines accruing under any of the provisions of this
article shall be paid by the sheriff, constable or officers of the
State fishery force collecting the same within ten days to the