1418 LAWS OF MARYLAND. [CH. 929

be a tonger, the burden shall be upon said person to show that
he is a tonger only. In case there is an appeal or waiver of
trial before a Justice of the Peace, in order to provide for the
disposition of any oysters that have been declared unmer-
chantable, the cargo of oysters shall remain in the possession
or custody of the deputy commander, inspector or other officer
making the arrest until the captain of the boat or the packer
shall have reculled the oysters in question; and the officer
under whose supervision the reculling is done, after ascertain-
ing the quantity of unmerchantable oysters and shells so culled
out, shall give the captain or other person in charge of said
boat or packing house, a certificate showing the number of
bushels of such unmerchantable oysters so culled out to the
natural beds or bars under the supervision of the officer.
The cost of reculling 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 North Point at the mouth of Upper
Machodoc Creek in the County of King George, Virginia, to
lower Cedar Point in Charles County, Maryland.

(d) 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, Maryland. 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 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 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which the shaft and propeller have not been withdrawn, and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.

(e) It shall be lawful for any citizen of Maryland or of
Virginia, after having obtained a permit as hereinafter pro-
vided, 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