1560 OYSTERS. [ART. 72

culls in said cargo and if the said percentage shall be more than five
per cent, of unmerchantable oysters of the portion of cargo so measured,
then the said cargo shall be deemed to be unculled and the captain,
master or person in charge of such oysters shall be required to cull the
whole cargo, and, in case said cargo contains more than five per cent, of
unmerchantable oysters, be fined the sum of twenty-five 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 ascertaining the quantity of unmerchantable oysters so
culled out, shall give the captain or other person in charge of said ves-
sel a certificate showing the number of bushels of such unmerchantable
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
of unmerchantable oysters so scattered, which certificate shall entitle
the captain, his assignee, or any other person entitled thereto to receive
the sum of ten cents per bushel for each bushel of unmerchantable
oysters so disposed of and scattered; and the comptroller of the treasury
shall, upon presentation of such certificate so endorsed, draw his war-
rant on the oyster fund in favor of the party entitled to the same for
the amount therein specified. The fine of twenty-five dollars and the
per bushel rate fine herein mentioned to be recovered on conviction
before a justice of the peace or a court of competent jurisdiction, and
in the event that the party who has thus violated the provisions of this
article be supposed to be financially irresponsible, the officer preferring
the charge shall demand of the purchaser of the cargo to withhold and
pay over to the proper authority such amount, and if said purchaser
shall refuse or fail to do so, the amount shall be recovered from him
by writ of fieri facias on the judgment obtained against the party who
has so violated the law. The certificate herein provided for shall be
in form following and the blank spaces shall be filled out in ink, and
numbers shall be written in full:

Baltimore, —————————, 19——..

This is to certify that captain ————, of schooner ————, has on
board ———— bushels of unmerchantable oysters, to be scattered on
the grounds whence taken, under the supervision of ————, deputy
commander, serving in the waters of ————, and upon the endorsement