ALBERT C. RITCHIE, GOVERNOR, 179
CHAPTER 125.

AN ACT to repeal and re-enact with amendments Sections 8
and 9 of Article 72 of the Code of Public General Laws of
Maryland, title "Oysters, " changing the minimum size of
marketable oysters.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That. Section 8 and 9 of Article 72 of the Code of Public
General Laws of Maryland, title "Oysters, " be and are hereby
repealed and re-enacted with amendments, to read as follows:

8. All oysters taken from any of the waters of this State,
either with scoops, dredges or any similar instruments, or tongs
or rakes, shall be culled upon their natural bed or bar whence
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 three inches in length, measuring from hinge to mouth,
whether attached to a marketable oyster or not, shall be included
in said culling and replaced upon said bed or bar as taken; and
when oysters measuring less than three inches are adhering so
closely to the shell of a marketable oyster as to render removal
impossible without destroying the small oysters, then such
oysters, including the marketable oyster or oysters shall be re-
turned to the bed or bar from which they were taken; and the
culling of oysters taken as aforesaid required by this section
shall be actually made and completed before such oysters are
thrown or deposited in the hold or bottom of any such canoe
or boat or vessel aforesaid.

9. Any person who shall have oysters in his possession which
contain more than five per cent, of shells, and oysters less than
three inches from hinge to mouth, (whether adhering to
marketable oysters or not), which for the purpose of this
article are declared to be unmerchantable oysters, shall
be guilty of a misdemeanor, and in ascertaining such, percentage
the officers of the oyster police force and the measurers and in-
spectors are hereby authorized and directed to select such
amount of oysters from any pile, hold, bin, house or other place
as he may think proper and to require the same to be culled and
disposed of, as provided in Section 11 of this article; and any
person violating any of the provisions of this section shall be
subject to the penalties and fines as provided in section 11 of
this article, in precisely the same manner as if he were a captain
of a boat.