ALBERT C. RITCHIE, GOVERNOR. 913

sidered as not having been culled according to the provisions of
this section for the purpose of this Section shall be declared to
be unmerchantable oysters; 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 oys-
ter or oysters, shall be returned to the bed or bar from which
they were taken. 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 or sell
or have in possession oysters less than three inches
in length from hinge to mouth. Whenever any inspector or
other officer shall have reason to believe that this section has
been violated with the reference to the culling of oysters, such
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 three 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 section, and upon conviction, if of a dredge
boat or vendor of oysters, shall be fined not less than
one hundred dollars, or confined in jail not less than
thirty days nor more than six months, either or both, and
in addition to such fine or imprisonment said cargo shall be
confiscated and returned to the natural beds under the super-
vision of the oyster inspector or other officer making the arrest,
and at the expense of the violator, which expense shall be in ad-
dition to the fine imposed and collectable in the same
manner, and the boat or vessel on which said oysters are found
shall be held as security for the payment of said fine; if the
boat in which only oyster tongs are used, the said captain or
other person in charge shall be fined not less than fifty dollars
or confined in jail not less than fifteen days nor more than three
months, either or both, 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, provided, however, that when any person shall be found
with oysters in violation of this section, he shall be presumed
to be a dredger or vendor of oysters, and if he claims to be a
tonger, the burden shall be upon said person to show that he is
a tonger only. In case there is an appeal or waiver of trial
before Justice of the Peace, in order to provide for the disposi-
tion of any oysters that have been declared unmerchantable,
the cargo of oysters shall remain in the possession or custody
of the Deputy Commander, Inspector or other. officer making