OYSTERS 2721

An. Code, 1924, see. 94. 1912, sec. 81. 1904, sec. 79. 1894, ch. 380, sec. 67A.

89. Every person or member of a firm, or member of a corporation
engaged in the business of selling oysters on commission shall, on or be-
fore the first day of September, in each year, take out a license to engage
in such business, by application to the clerk of the circuit court for the
county in which the place of business of such applicant may be situated,
or to the clerk of the court of common pleas, if the place of business of
such applicant shall be in Baltimore City; and such applicant, at the time
of issuing such license, shall pay the sum of twenty-five dollars; and
all said money received for said license shall be paid over and accounted
for by the said several clerks of courts to the comptroller of the State, to
be placed to the credit of the oyster fund, as provided by section 34, and
if any person, member of a firm or member of a corporation shall en-
gage or attempt to engage in the business of selling oysters on commis-
sion without first obtaining a license, as provided in this section, he shall
be deemed guilty of a misdemeanor and shall be 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 con-
viction under this section was upheld. Admissibility of evidence. Bramble v. State,
88 Md. 686.

This section referred to in construing secs. 34 and 35. Smith v. School Commissioners,
81 Md. 517.

Shucking Oysters.

An. Code, 1924, sec. 95. 1912, sec. 82. 1904, sec. 80. 1898, ch. 260, sec. 67B.

90. 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 designa-
tion, 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 proprietors otherwise than by the gallon. The said
oyster house or the proprietors thereof may, in consideration of the quan-
tity of water contained in shucked oysters, use a cup, which is hereby de-
clared 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 oys-
ters 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 com-