114 OYSTERS. [ART. 72.

in said culling and replaced upon said rocks, beds or shoals;

provided, that oysters once passed from the culler lens than the
prohibited size, and all shells shall be considered as not having
been culled, according to the provisions of this sub-title; pro-
vided, that when small oysters are adhering so closely to the
shell of a marketable oyster as to render removal impossible
without destroying the young oyster, then it shall not be neces-
sary to remove it. And it shall be unlawful for any person to
take, buy or sell the small oysters and shells from the natural
rocks, beds and shoals as aforesaid, or to take, buy, sell or
have in possession oysters less than two and one-half inches
in length from hinge to mouth. Whenever any inspector or
other officer shall have reason to believe that this sub-title has
been violated with reference to the culling of oysters, said
inspector or other officer is hereby authorized to examine the
cargo of any boat or vessel, and if upon examination of said
cargo the said inspector or other officer shall find that five per
centum or more of said cargo shall consist of shells and oysters
whose shells measure less than two and one-half inches in
length, measuring from hinge to mouth, the captain of the boat
or other person in charge of said boat shall be deemed to have
violated this sub-title, and upon conviction, if of a dredge-boat
or a vender of oysters, shall be fined not less than one hundred
dollars nor more than two hundred and fifty dollars, and con-
fined in jail not less than thirty days or more than six months,
and said cargo confiscated and returned to the natural beds
under the supervision of the oyster inspector or other officer
making the arrest, and the boat or vessel on which said oysters
are found shall be held as security for the payment of said
fine; if a boat in which only oyster tongs are used, the said
captain or other person in charge shall be fined not less than
fifty dollars nor more than one hundred and twenty-live dol-
lars, and confined in jail not less than fifteen days nor more
than three months, and said cargo confiscated and returned to
the natural beds under the supervision of the oyster inspector
or other officer making the arrest. And the boat or vessel on
which said oysters are found shall be held as security for the
payment of said tine; provided, however, that when any person
shall be found with oysters in violation of this sub-title, he
shall be presumed to be a dredger or vender of oysters, and if
he claims to be a tonger the burden shall be upon said person
to show that he is a tonger. Because of the necessity that