100 OYSTERS. [ART. 72

cargo of oysters unless a general inspector, measurer or special
inspector shall be present, and said inspector or measurer
shall cause to be culled any portion or all of the cargo neces-
sary to determine the percentage of culls in said cargo, and if
the said percentage shall be more than five per cent, of
unmerchantable oysters of the portion of cargo so measured,
then the said cargo shall be deemed to be unculled, and the
captain, master or person in charge of such oysters shall be
required to cull the whole cargo, and in case said cargo con-
tains more than five per cent, of unmerchantable oysters, be
fined the sum of twenty-five dollars, and in addition to that
the sum of six cents per bushel for the entire cargo, including
all shells and oysters, large and small, in his or their posses-
sion or charge, and also a further fine of one additional cent
per bushel on the entire cargo for each additional one per
cent, of unmerchantable oysters which said cargo may be
found to contain; and the inspector or measurer, after ascer-
taining the quantity of unmerchantable oysters so culled out,
shall give the captain or other person in charge of said vessel
a certificate showing the number of bushels of such unmer-
chantable oysters, and said captain or other person in charge
shall return the said unmerchantable oysters so culled out and
scatter them on the ground or rocks whence taken, under the
direction of the deputy commander of the oyster police boat
on the beat, and upon such delivery and scattering, the
deputy commander or other person in charge of the oyster
police boat shall endorse the said certificate as to the number
of unmerchantable oysters so scattered, which certificate shall
entitle the captain, his assignee, or any other person entitled
thereto to receive the sum of ten cents per bushel for each
bushel of unmerchantable oysters so disposed of and scattered;
and the Comptroller of the Treasury shall, upon presentation
of such certificate so endorsed, draw his warrant on the oyster
fund in favor of the party entitled to the same for the amount
therein specified. The fine of twenty-five dollars and the per
bushel rate fine herein mentioned to be recovered on convic-
tion before a justice of the peace or a court of competent juris-
diction, and in the event that the party who has thus violated
the provisions of this article be supposed to be financially