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Oysters to be
culled.
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tongs or rakes, shall be culled upon their natural bed or bar as
taken, and all shells shall be returned to the bed or bar from
which they were taken, and all oysters whose shells measure
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.
8. Any captain or other person in charge of any vessel, who
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Possession
of unculled
oysters.
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shall have oysters in his possession which contain more than
five per cent, of shells and small oysters, shall be guilty of a
misdemeanor; and in ascertaining such percentage, the officer
of the Oyster Police Force is hereby authorized and directed
to select such an amount of oysters contained in the pile, hold,
bin or other place, as he may think necessary, and to cull or
have culled the amount so selected.
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How cargo to
be meas-
ured.
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9. It shall be the duty of any packer, commission man or
other person, who shall purchase any cargo or part of a cargo
of oysters, to have the contents of every fiftieth tub, or
measure, or any other tub or measure he may deem necessary,
dumped on the deck of the vessel from which such oysters are
being taken, and the same shall be kept away and separate
from any other oysters or oyster shells; and any person disturb-
ing or interfering in any manner with the oysters so dumped,
shall be guilty of a misdemeanor, and fined the sum of one
hundred dollars; and after the whole cargo, or vessel load, or
the quantity of oysters so purchased, shall have been measured
and ascertained, it shall thereupon be the duty of the inspector
of oysters to proceed to separate from the oysters dumped on
deck, as hereinbefore provided, all shells and oysters whose
shells measure less than two and one-half inches in length from
hinge to mouth; and he shall then proceed to measure the said
shells and oysters whose shells measure less than two and one-
half inches in length from hinge to mouth, and shall make a
written memorandum of the number of bushels of oysters
remaining after such separation, and shall ascertain as nearly
as possible the exact proportion of shells and oysters whose
shells measure less than two and one-half inches in length from
hinge to mouth, to marketable oysters contained in the quantity
dumped, as hereinbefore provided, and the percentage so ascer-
tained shall be deemed, for the purposes of this article, to be
the proper percentage of shells and oysters whose shells
measure less than two and one-half .inches in length from
hinge to mouth, contained in the cargo or portion of a cargo
so purchased; and if said percentage shall be more than five
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