ELIHU B. JACKSON, ESQUIRE, GOVERNOR.

771

as taken, and all oyster shells and oysters, whose shell measures

less than 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; provided, however, that where spat or

small oysters are adhering so closely to the shell of the marketa-

ble oyster as to render its removal impossible without destroying

Oysters to
be culled.

the young oyster, then it shall not be necessary to attempt such

removal; any person or persons violating the provisions of this

section shall be deemed guilty of a misdemeanor, and upon trial

and conviction thereof before any circuit court or justice of the

peace of this State having jurisdiction, shall be fined not less

than fifty nor more than three hundred dollars, (one-half of

which fine is to be paid to the informer,) or shall be sentenced to

the county jail for a term not less than one month nor more than

one year, or both fine and imprisonment in the discretion of the

circuit court or justice, or shall forfeit the canoe, vessel, boat or

craft used in such violation; and it shall be the duty of the police

force of the oyster navy and civil authorities of the State, counties

and cities to enforce the provisions of this act.

SEC. 20 A. That all oysters sold in this State shall be subjected

to the following regulations for the ascertainment of the quantity

sold : The contents of every fiftieth tub or measure after the

same has been culled and passed as properly measured, shall be

dumped on the deck of the vessel from which said oysters are

sold, unless some other convenient place shall have been mutually

agreed upon by the vendor and purchaser, and the same shall be

kept away and separate from any other oysters or oyster shells,

and after the whole cargo or vessel load or the quantity of oysters

so sold shall have been measured and ascertained, the measurer

shall, in the presence of the vendor or his duly authorized agent

or employee, proceed to separate from the oysters dumped on the

Rules to
measure.

deck or set aside as hereinbefore provided, all shells and small

oysters whose shells measure less than two and one-half inches in

length, and he shall then proceed to measure the said shells and

small oysters and shall make a written memorandum of the num-

ber of bushels of oysters remaining after such separation, and shall

ascertain as nearly as possible the exact proportion of shell and

small oysters to marketable oysters contained in the quantity

dumped as hereinbefore provided, and he shall give a copy of said

memorandum to the vendor and the original to the purchaser, and

the percentage thus found and ascertained shall be taken as the

proper percentage of shells to be deducted from the whole cargo

or of the quantity sold, if less than a cargo, and the number of

bushels remaining after said deduction shall be regarded as the

quantity actually sold; that all duties imposed on the measurer

of oysters by this act shall be under the supervision and control

of the general measurer of oysters, and in case of dispute between

the vendor and purchaser as to any matter arising under the pro-