ART. 72] SHUCKING OYSTERS. 1593

fined not less than one hundred dollars nor more than one thousand

dollars for each offense.

A traverser held to have been selling oysters on commission, and hence his
conviction under this section was upheld. Admissibility of evidence. Bram-
ble v. State. 88 Md. 686.

This section referred to in construing sections 31 and 32. Smith v. School
Commissioners, 81 Md. 517.

Shucking Oysters.

1904, art. 72, sec. 80. 1898, ch. 260, sec. 67 B.

82. All shucked oysters opened at any oyster house in this State or
any other place where oysters are opened or sold as a business or deliv-
ered to proprietors of any such oyster house or other place shall be
shucked by the gallon and not by the can or vessel of any other name

and designation, and it shall not be lawful for the proprietor of any
such place to contract with any person to shuck or open oysters at any
such house or for the proprietors thereof for the purpose of shipping the
same to the customers of said proprietor otherwise than by the gallon.
The said oyster house or the proprietors thereof may, in consideration
of the quantity of water contained in shucked oysters, use a cup, which
is hereby declared and determined to be an oyster gallon cup, which
shall contain nine pints and no more, and no other than this standard
measure or said oyster gallon cup shall be used in said houses or by the
proprietors thereof in measuring any oysters received by them from
the shuckers. Said oyster gallon cup shall be inspected and stamped
by the same officer in the city of Baltimore or in any of the counties of
the State, as is now required by law to inspect and stamp measures, and
the person neglecting so to have the same stamped and inspected shall
be subject to the same fines and penalties as are now or may hereafter
be prescribed by law for neglecting to have inspected and stamped the
said gallon measure, and any person using any other measure than the
one above prescribed in any such oyster house or similar place in this
State or any proprietor of any such house using any other than the
above prescribed measures to measure any oysters received by him from
shuckers shall be guilty of a misdemeanor and on conviction thereof
before any justice of the peace in said city or county shall be fined not
less than ten nor more than one hundred dollars, in the discretion of
the justice of the peace trying the same, and shall stand committed until
such fine and costs are paid, which fine shall be paid to the State of
Maryland; but the person so convicted shall have the right of appeal as
now provided by law in other criminal cases.

Comptroller's Duties.

Ibid. sec. 81. 1894, ch. 380, sec. 68.

83. It shall be the duty of the comptroller to furnish the clerks of
the several courts of the State with forms of applications and license and
of the reports or returns required by the preceding sections; and it shall
be the further duty of the comptroller to furnish all other blanks