86

LAWS OF MARYLAND.

shall be deemed to have been uncalled; and the person , or
persons who have taken the, same, and any person who shall
offer the same for sale, or have the same in his possession for
sale, shall be deemed guilty of a misdemeanor.

Duty of
inspector.

SEC. 3, And be, it enacted, That when the purchaser or any
other person shall have reason to believe that any cargo of
oysters has been brought to the market in violation of this
law, the inspector shall be called in to ascertain the fact, and
he shall thereupon cause the contents of every fiftieth tub or
measure to be dumped in any convenient place to be agreed on
by the vendor and purchaser, and the same shall be kept away
and separate from the other oysters or oyster shells; and after
the whole "cargo, vessel load or quantity of oysters so sold
shall have been measured and the quantity ascertained, the
inspector shall, in the presence of the vendor or his duly
authorized agent or employe, proceed to separate from the
oysters so set aside all shells and small oysters less than two
and one-half inches in length, and he shall proceed to measure
the shells and small oysters set aside, as hereinbefore provided,
and if said shells and small oysters so set aside, after being so
separated from the. marketable oysters, shall be found to exceed
five per cent, of the whole quantity so set aside, as aforesaid,
then the vendor shall be deemed to have violated this act.

Penalty.

SEC. 4. And be it enacted, That any person violating any
section of this act shall, upon conviction thereof, be fined net
less than twenty-five dollars and not more than three hundred
dollars, in the discretion of the judge of the court or other
tribunal before whom such offender may be tried.

Oysters to be
subject to the
laws of the
State where
offered tor
sale.

SEC. 5. And be it enacted, That all oysters taken in the
waters of the Chesapeake bay or its tributaries, either in the
State of Maryland or Virginia, shall be subject to the opera-
tion of the laws of the State in which such oysters may be
offered for sale; and any person offering oysters for sale or
having the same in his possession for sale, which shall not
have been culled as required by the laws of the State in which
they may be offered for sale, shall be liable to trial and convic-
tion in the same manner that such persons would be if such
oysters had been caught iu the State where they are offered
for sale; and upon conviction shall be punished in such manner
as is provided by the laws of the State in which such oysters
may be so offered for sale.