ART. 72.] OYSTERS—PACKING. 1059

1884, ch. 257, sec. 3.

53. The governor, upon the recommendation of the canned
goods exchange of Baltimore city, shall appoint two persons as
examiners of hermetically sealed or cove oysters, who shall each
give bond to the State of Maryland in the penalty of ten thousand
dollars for the faithful discharge of his duties, which bond shall
be liable for any failure or fraud in the discharge of the same,
whose duty it shall be to visit, at least once a day, if possible, and
as much oftener as in their judgment may be necessary and as the
duties of their office will permit, every factory or place where cove
oysters are being packed in this State, and to examine the goods
there packed, or being packed; and if the examiner shall have
good reason to believe the cans there packed do not contain the
weight as stamped thereon, as directed by section 51, he shall
select six cans indifferently from the said lot he so suspects, and
cut them, and after properly draining the liquor or water from
the same, as hereinbefore provided, shall weigh the contents, and
if the weight of the contents of said six cans shall be found to be
less than the weight stamped thereon, the lot of goods from which
the said six cans were selected shall be by him condemned as
fraudulently packed in violation of the provisions of sections 51-54

of this article, and the same shall be forfeited and destroyed by the
said examiner; provided, however, that if the packer or owner of
any such goods demands the same, the examiner shall cut the same
in presence of a committee of not less than five persons, to be ap-
pointed by the canned goods exchange as aforesaid; and provided
further, if the owner of said goods shall desire to appeal from the
decision of said examiner condemning said goods as fraudulently
packed, he shall at once notify said examiner of said intention to
appeal, and shall within five days thereafter file in the circuit court
for the county in which said examiner may have condemned said
goods, or in the Baltimore city court, if condemned in said city, a
petition setting forth the action of said examiner, and that the
petitioner has appealed to the court from such decision, and the
court shall thereupon docket a cause between the said peti-
tioner and said examiner, and process shall issue as in ordinary
suits at law; and said examiner shall appear and answer the said
petition, and either party shall be entitled to a trial by jury, to
determine whether said goods have been fraudulently packed in.