652

LAWS OF MARYLAND.

vided in this Article; that he will comply with and obey all
laws of this State regulating the taking or catching of oysters.

Unmerchant-
able oysters.

8. Any person who shall have oysters in his possession
which contain more than five per cent, of shells, and oysters
less than two and one-half inches from hinge to mouth, which
for the purpose of this Article are declared to be unmerchant-
able oysters, shall be guilty of a misdemeanor, and in ascer-
taining such percentage the officers of the oyster police force,
and the measurers and inspectors, are hereby authorized and
directed to select such amount of oysters from any pile, hold,
bin, house or other place, as he may think proper, and to re-
quire the same to be culled and disposed of, as provided in
Section nine of this Article; and any person violating any of
the provisions of this section shall be subject to the penalties
and fines, as provided in Section nine of this Article, in pre-

Unlawful to
purchase
cargo unless
measurer or
inspector be
present.

cisely the same manner as if he were a captain of a boat. It
shall be unlawful for any packer, commission man or other
person to purchase or receive any cargo or any part of a cargo
of oysters unless a general inspector, measurer or special
inspector shall be present, and said inspector or measurer
shall cause to be culled any portion or all of the cargo neces-
sary to determine the percentage of culls in said cargo, and if
the said percentage shall be more than five per cent, of un-
merchantable oysters of the portion of cargo so measured, then
the said cargo shall be deemed to be unculled, and the cap-
tain, master or person in charge of such oysters shall be re-
quired to cull the whole cargo, and in case said cargo con-
tains more than five per cent, of unmerchantable oysters, be
fined the sum of twenty-rive dollars, and in addition to that
the sum of six cents per bushel for the entire cargo, including
all shells and oysters, large and small, in his or their posses-
sion or charge, and also a further fine of one additional cent
per bushel on the entire cargo for each additional one per
cent, of unmerchantable oysters which said cargo may be
found to contain; and the inspector or measurer, after ascer-
taining the quantity of unmerchantable oysters so culled out,

Unmerchant-
able oysters
returned to
place from
whence taken
and scattered,
etc.

shall give the captain or other person in charge of said vessel
a certificate showing the number of bushels of such unmer-
chantable oysters, and said captain or other person in charge
.shall return the said unmerchantable oysters so culled out and
scatter them on the ground or rocks whence taken, under the
direction of the deputy commander of the oyster police boat
on the beat, and, upon such delivery and scattering, the
deputy commander or other person in charge of the oyster
police boat shall endorse the said certificate as to the number