914 LAWS OF MARYLAND. [CH. 476

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 oysters 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 Mach-
odoc Creek, in the County of King George, Virginia, to Lower
Cedar Point, in Charles County, Maryland.

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 pat-
ent 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, Maryland. Any citizen of Maryland or of
Virginia who has complied with all the requirements of the oys-
ter laws of his State entitling him to the privilege 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the shaft and propeller have not been withdrawn, and the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.

75. It shall be lawful for any citizen of Maryland or of Vir-
ginia, 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 Virginia, 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,