OYSTERS. 407

for the purpose of this Article are declared to be unmerchantable oysters,
shall be guilty of a misdemeanor, and in ascertaining such percentage the
officers of the oyster police force and the measurers and inspectors are here-
by 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 require the
same to be culled and disposed of, as provided in Section 11 of this Arti-
cle; and any person violating any of the provisions of this Section shall be
subject to the penalties and fines as provided in Section 11 of this Article,
in precisely the same manner as if he were a captain of a boat. ¹

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 10. 1894, ch. 380, sec. 9.
1900. ch. 380. 1922, ch. 519, sec. 13. 1927, ch. 467, sec. 11.

11. Any person, firm or corporation engaged in catching, buying, sell-
ing or packing oysters violating any provision of Section 8 or 9 of this
Article shall be deemed guilty of a misdemeanor, and upon conviction be-
fore any justice of the peace or court of competent jurisdiction shall be
fined the sum of not less than $100, or confined in jail not less than 30
days nor more than six months, either or both, and in addition to such fine
or imprisonment said cargo shall be confiscated and returned to natural
beds or bars under the supervision of the oyster inspector or other officer
making the arrest, and at the expense of the violator, which expense shall
be in addition to the fine imposed and collectible in the same manner, and
the boat or vessel shall be held as security for the payment of said fine.
If the violator has taken oysters only with tongs he shall be fined $25, and
the boat in which said oysters are found shall be held as security for the
payment of said fine. In addition to the above penalties the justice of the
peace or judge may, in a case where the violator has been previously con-
victed of violating the provisions of this sub-title, suspend or revoke the
license under which said violator may be operating for the purpose of catch-
ing, shucking, packing or canning oysters. In case there is an appeal or
waiver of trial before Justice of the Peace, in order to provide for the dis-
position of any oysters that have been declared unmerchantable, the cargo
of oysters shall remain in the possession or custody of the Deputy Com-
mander, Inspector or other officer making 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 reculling is done, after ascer-
taining 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 unmerchant-
able 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.

¹ Sec. 2 of ch. 125 of acts of 1927 repealed all laws inconsistent therewith to extent
of inconsistency.