ART. 72] CULLING. 1575

large and small, in his or their possession 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 ascertaining 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 unmerchantable oysters and said cap-
tain or other person in charge shall return the said unmerchant-
able 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
irresponsible, the officer preferring the charge shall demand of
the purchaser of the cargo to withhold and pay over to the
proper authority such amount, and if said purchaser shall
refuse or fail to do so, the amount shall be recovered from
him by writ of fieri facias on the judgment obtained against
the party who has so violated the law. The certificate herein
provided for shall be in form following and the blank spaces
shall be filled out in ink, and numbers shall be written in full:

Baltimore, ————————, 19—.
This is to certify that captain ————, of schooner ————,
nas on board ———— bushels of unmerchantable oysters, to be
scattered on the grounds whence taken, under the supervision
of ————, deputy commander, serving in the waters of ————,
and upon the endorsement by said deputy commander or