The midland journal. (Rising Sun, Md.) 1885-1947, 1940-08-16

fore any justice OF the peace or court Of
competent Jurisdiction shall be fined the
more than fifty dollars t$J0) and any per-
son, firm or corporation engaged In catch
ing oysters by means OF dredges. or sell
Ing oysters 50 anSht OF buying or pSes
Sections and of this Article. shall be
deemed guilty Of a misdemeanor and, upon
conviction before any justice Of the peace
fined the sum OF not less than Fifty Dol
lars ($5000) nor more than One Hundred
Dollars or confined In jail not less than
80 days nor more than six months o either
Imprisonment said cargo shall be confis-
Gated and returned TO natural beds or bar
under the supervision Of the oyster inspec-
tor or other officer making the arrest,
and at the expense OF the violator, which
expense shall be in addition to the fine
imposed and collectibie In the same man.
as security for the payment of said fine.
If the violator has taken oysters only with
tongs he shall be fined as above, and the
boat in which said oysters are found shall
be held as security for the payment OF said
fine. In addition to the above penalties the
justice Of the peace or judge may, In
case where the yiolator has been previously
convicted of violating the provisions OF this
under which said violatOr may be operating
for the purpose of catching, shucking,
packing or canning. oysters. In case there
is an appeal or waiver of trial before JUS
tice Of the peace, in order to provide for
the disposition OF any oysters that have
been declared understandable, the cargo
of oysters shall remain In the possession
or custody of the Inspector or other Off.
GER making the arrest until the captain Of
the boat or vessel or the packer shall have
reculled the oysters in question; and the
officer under whose supervision the re-
culling Is done, after ascertaining the guam
tity Of understandable. oysters and shells
SO. culled out, shall give the captain or
packing house, certificate showing the
number of bushels of such understandable
oysters and the said captain or other per-
son shall return said understandable oys-
ters SO culled out Of the natural beds or
bars under the supervision Of the officer.
The cost of reculling and expenses Incl
dent to same shall be borne by the vio-
lator.
Sec g. And be 1t further enacted, That
new section be and the same is hereby
added to Article u of the Annotated Code
of Maryland (1935 Supplement-, title "Oys,,
Inspectors" said new section to be known
as Section 81, to follow Immediately after
said subtitle and to read as follows:
81. Each county inspector or deputy
inspector shall inspect all oysters In the
district to which he is assigned by the
Commissioner of Fisheries, and upon the
inspection Of any such oysters, he shall
make a certificate of the number Of bush h.
given to the purchaser, one to the seller
and the other retained by the inspector.
An inspection charge Of &c per bushel is
within the limits of the State of Maryland,
unloaded from vessels at the place in Mary
land where said oysters are to be no fur
charged. equally to the buyer and seller,
but to be paid weekly to the Comptroller
Of the State Treasury or his agent by the
buyers; the certificate retained by the in
hall h1 lad I.x h I'm, Ill 10
the Comptroller or his agent and in case
the amounts Of money shown to be due be
not paid in one week thereafter to the
ta bs IBIS agent EN- wh Is hereby tbs
parties so indebted may be levied on and
sold by the Comptroller or his agent as In
cases Of taxes in default, without other
process of law; the said inspection levied
Is also made charge on oysters caught
within the limits Of the State Of Maryland
and sold by commission merchants and
others selling by less than the cargo; and
also an inspection charge Of six cents per
barrel containing not more than three
bushels of oysters caught within the lin
its Of the State Of Maryland; ON oysters
caught within the limits Of the State Of
Maryland contained in bags an inspection
charge of four cents per bag containing
not more than two bushels; and all trans
the shell caught within the limits of the
State of Maryland, consigned to Baltimore,
shall furnish to the inspector or collector
or oyster TAX, copy OF their manlIeSC
showing the number Of bushels on board
on arrival of steamer and to whom con-
signed, and the inspectors are charged
with the duty of seeing that the proper
returns are made for the purpose Of this
section by such commission merchant or
retailer, and in performance of their duty
the said inspectors are authorized and d.
rected to visit places where oysters caught
within the limits Of the State Of Maryland
in less than cargo lots are sold, and get
from such sellers statement under oath
as to the number Of bushels sold from
time to time and return to the inspectors
a certificate thereof to be forwarded to the
Comptroller as required in the case Of GER
tificates for cargo, and the payments Of the
amounts so found to be due shall be SINH
larly enforced. All oysters found within
the State Of Maryland shall be presumed
to have been caught within the limits Of
the State Of Maryland and the burden Of
proof shall be upon any, one claiming to
the contrary to establish his said claim
by clear and satisfactory evidence. The
Commissioner of Fisheries shall furnish
to each of the county inspectors and dep
uty inspectors certificates in book form,
supplied with carbon paper, SO that each
Of the said triplicate certificates shall be
exactly the same; the form Of the certif-
cate shall be as follows:
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