1574 OYSTErS. [ART. 72

two and one-half inches in length, measuring from hinge to
mouth, shall be included in said culling and replaced upon said
bed or bar as taken.
Tyler v. State, 93 Md. 309.

1894, ch. 380. sec 8. 1900, ch. 380.

8. Any person who shall have oysters in his possession
which contain more than five per cent, of shells, and oysters
less than two and one-half inches from hinge to mouth, which
for the purpose of this article are declared to be unmerchant-
able oysters, shall be guilty of a misdemeanor, and in ascer-
taining 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
10 of this article; and any person violating any of the pro-

visions of this section shall be subject to the penalties and fines
as provided in section 10 of this article, in precisely the same
manner as if he were a captain of a boat.

Tyler v. State, 93 Md. 309

1904, ch. 341, sec. 8A.

9. The provisions of sections 7 and 8 shall not apply to any
of the waters of the Potomac river above a line drawn from
Cobb's Point bar, on the Maryland side, to Colonial Beach, on
the Virginia side, but the taking of oysters in such waters shall
be regulated by section 64 of this article.

1894, ch 380, sec. 9. 1900, ch 380.

10. It shall be unlawful for any packer, commission man or
other person to purchase or receive any cargo or any part of a
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 necessary 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 contains 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,