OYSTERS. 907

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
catching, 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
disposition of any oysters that have been declared unmerchantable, the
cargo of oysters shall remain in the possession or custody of the Deputy
Commander, Inspector or other officer making the arrest until the captain
of the boat or vessel or the packer shall have reculled the oysters in ques-
tion; and the officer under whose supervision the reculling is done, after
ascertaining the quantity of unmerchantable oysters and shells so culled
out, shall give the captain or other person in charge of said vessel or pack-
ing house, a certificate showing the number of bushels of such unmerchant-
able oysters and the said captain or other person shall return said unmer-
chantable 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.

An. Code, 1924, sec. 15. 1912, sec. 13. 1904. sec. 12. 1894, ch. 380, sec. 11.
1900, ch. 380. 1927, ch. 467, sec. 15.

15. Any packer, commission man, boatman or other person who shall
conspire or agree with any other person to evade any of the provisions of
this Article, or who shall continue at or participate in such violation shall
be guilty of a misdemeanor. It shall be unlawful for any captain or other
person in charge of a vessel to discharge his oysters, or for any packing
house or any other person to receive oysters between the hours of one hour
after sunset and one hour before sunrise. Any violation of this Section
shall be a misdemeanor punishable by a fine of not less than one hundred
dollars and not more than five hundred dollars for each offense on convic-
tion before a court of competent jurisdiction; one-half of said fine to go to
the informer and the other one-half to the comptroller to be placed to the
credit of the oyster fund, unless the informer be an officer of the state
fishery force. And the general inspectors and measurers or special in-
spectors shall be on duty continuously during the working or delivery
hours, viz: from one hour before sunrise to one hour after sunset. ¹
As to abolition of informers' fees, see art. 38, sec. 2A.

¹ Sec. 2 of ch. 467 of acts of 1927 repealed all laws inconsistent therewith to extent
of such inconsistency.