EDWIN WARFIELD, ESQ., GOVERNOR.

901

considered as not having been culled, according to the pro-
visions of this Act; provided, 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 necessary 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 posses-
sion 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 Act 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

CHAP. 468

Act, 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 confined 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-
five dollars, 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

Fine Imposed.

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; provided, however,
that when any person shall be found with oysters in vio-
lation of this Act 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 legislation regulating the

Boat or vessel
held as
security.