HERBERT R. O'CONOR, GOVERNOR. 1417

rocks, beds or shoals as taken, and oysters whose shells meas-
ure less than three inches in length, measuring from hinge to
mouth, whether attached to a marketable oyster or not, and
all shells shall be included in said culling and placed on said
rocks, beds or shoals; provided, that oysters once passed from
the culler less than the prohibited size, and all shells shall be
considered as not having been culled according to the provi-
sions 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, includ-
ing the marketable oyster or oysters, shall be returned to the
bed or bar from which they were taken. And it shall be unlaw-
ful 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 reference to the culling of oysters, such
inspector or other officer is hereby authorized to examine the
cargo of any boat, and if upon examination of said cargo the
said inspector or other officer shall find that five per centum
(5%) or more of said cargo shall consist of shells and oysters
whose shells measure less than three inches in length, measur-
ing from hinge to mouth, the captain of the boat or other
person in charge of said boat shall be deemed to have vio-
lated this section, and upon conviction, if of a dredge boat or
vendor of oysters, shall be fined not less than One Hundred
Dollars ($100. 00), 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 supervision of the
oyster inspector or other officer making the arrest, and at the
expense of the violator, which expense shall be in addition to
the fine imposed and collectible in the same manner, and the
boat 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 ($50. 00) 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 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 pre-
sumed to be a dredger or vendor of oysters, and if he claims to