906 ARTICLE 72.

in this section shall affect offenses committed in whole or in part before
June 1, 1931, nor pending prosecution for past offenses.

Culling.

An. Code, 1924, sec. 8. 1912, sec. 8. 1904, sec. 7. 1894, ch. 380, sec. 7.
1906, ch. 439. 1927, ch. 125, sec. 8.

8. All oysters taken from any of the waters of this State, either with
scoops, dredges or any similar instruments, or tongs or rakes, shall be
culled upon their natural bed or bar whence taken, and all shells shall be
returned to the bed or bar from which they were taken, and all oysters
whose shells measure less than three inches in length, measuring from
hinge to mouth, whether attached to a marketable oyster or not, shall be
included in said culling and replaced upon said bed or bar as taken; and
when oysters measuring less than three inches are adhering so closely to
, the shell of a marketable oyster as to render removal impossible without
destroying the small oysters, then such oysters, including the marketable
oyster or oysters shall be returned to the bed or bar from which they were
taken; and the culling of oysters taken as aforesaid required by this section
shall be actually made and completed before such oysters are thrown or de-
posited in the hold or bottom of any such canoe or boat or vessel aforesaid.

An. Code, 1924, sec. 9. 1912, sec. 9. 1904, sec. 8. 1894, ch. 380, sec. 8. 1900, ch. 380.

1927, ch. 125, sec. 9.

9. Any person who shall have oysters in his possession which contain
more than five per cent, of shells, and oysters less than three inches from
hinge to mouth, (whether adhering to marketable oysters or not), which
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
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 require
the same to be culled and disposed of, as provided in Section 11 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 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. 11. 1927, ch. 467, sec. 11.

11. Any person, firm or corporation engaged in catching, buying, sell-
ing or packing oysters violating any provision of Sections 8 or 9 of this
Article shall be deemed guilty of a misdemeanor, and upon conviction
before 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

¹ Sec. 2 of ch. 125 of acts of 1927 repealed all laws inconsistent therewith to extent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