The Republican. [volume] (Oakland, Md.) 1877-current, 1940-08-22
CONSTITUTIONAL REFERENDA


spectors Both the county inspectors and dep
uty inspectors shall have and exercise the
rights powers and duties of the former deputy
commanders, general inspectors, special in
spectors. inspectors, general measurers, meas
urers and members of the State Fishery Force,
subject in all cases to the orders of the Com
missioner of Fisheries.
l2B. The Commissioner shall appoint as
county or deputy inspectors such male persons
read and write and are sufficiently in
telligent to pass an examination in the MAX
ing out of reports. and upon other phases OF
their duties, determined by the Commits
sion No person shall be appointed a county
inspector deputy inspector until ne shall
have passed physical examination to be
given by physician selected by the Com
mission.
12C 1t shall be the duty of the Commits
sioner to promote the advertising of the
food products of this State and to prepare such
advertising other matter it may deem
advantageous to the welfare and improvement
of the seafood industry and shall cooperate
with the seafood industry in any lawful man
ner it may deem proper for the benefit of the
fisheries.
I'D. All sums of money provided to be
paid to the Conservation Department under the
provisions of Section 10 Of Article 80 of the
Annotated Code, enacted by Chapter All of
the Acts of 1929, shall thereafter be paid over
to the Commission of Fisheries and be annu-
ally expended by it in the propagation of tide
water fish.
Sec. 5, And be it further enacted, That
Sections 8 and IL of Article 70 of the Ammo
tated Code of Maryland (1935 Supplement-,
| title oysters" subtitle 'Culling," be and the
same are hereby repealed and re-enacted with
amendments, to read follows:
9. Any person who shall have oysters in
! his possession which contains more than eight
per cent. of shells, and oysters less than three
| inches from hinge to mouth whether adher-
| ing to marketable oysters not, which for the
| purpose of this Article are declared to be I'M
merchantable oysters, shall be guilty of mis-
| demeanor, and in aseertaning such percent
/ age county lnSnPctOr and dpnutV iuSneptor
| is 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 dis
| posed OF, as provided in Section / of this Ar
! ticle and any person violating any of the pro-
visions of this Section shall be subject to the
penalties and fines as provided in Section IL
| of this Article in precisely the same manner
| as If he were captain of a boat.
IL. Any person, firm corporation en-
| gagged in catching oysters with rakes tongs,
| or selling oysters caught, in violation of any
provision of Sections and of this Arti-
| Gle shall be deemed guilty of misdemeanor
and upon conviction before any justice of the
peace or court of competent jurisdiction shall
| be fined the sum of not less than ten dollars
! (SlO) nor more than fifty dollars $500 and
any person, firm, corporation engaged in
catching oysters by means of dredges. or SELL
| ing oysters caught, or buying or packing
oysters in violation of any provision of Sec
tons and of this Article, shall be deemed
| guilty of misdemeanor and, upon conviction
Justice ar af
competent jurisdiction, shall be fined the sum
| of not less than Fifty Dollars $3.50 OO) nor,
more than One Hundred Dollars or confined
! IN Jail not less than 80 days nor more than six
months, either or both. and in addition to such
fine or imprisonment said cargo shall he confs-
Gated and returned to natural beds or bar under
the supervision of the oyster insnector or ,tber
officer making the arrest, and at the expense
of the violator, which expense shall be in adj
dition to the fine imposed and collectibIe in
the same manner and the boat or vessel sha
be held as security for the payment of said
fine. If the violator has taken oysters oniT
| with tongs he shall he fred as ahoya and ~
poat IN which said oysters are found shall be
nSiG as security Tor the payment of said fine In
auuilloh 10 the above penalties the justice OF
tne peace or Judge may, IN case where the
Nioi"IoI mas Deen previously convicted of vio-
laIihg the provisions OF this subtitle, suspend
OF revoke the Incense under which the violatoI
hiay De operating Tor the purpose OF catching
aihueNl!E' packing or canning oysters. In cas-,
ttheIe Is an appeal or waiver OF trial before
Justee oil the peace IN order to provide fol
the disposition OF any oysters that have beer
ueeiareu uilherchGhtabie' the cargo of oyster.
9I Ieiia'n III the possession or custody OF
the inspector or other ofhcer making the ar
rest uhtll the captain OF the boat or vessel OF
Ihe packer snali nave reculled the oysters il
question ana the officer under whose super
VISION the fecullng is done, after ascertaninp
We Suahtty OF uhmefchahtable oysters ant
oulia ~ cuileu OUT ShalI give the captain OF
G o.. person III chafge OF SAID vessel or pack
~ s nGu1e' d ceTtIheate showing the number
% ous.tiS Oh such uhmefchantaDle oysters ant
tne salu captain or other person shall return
III "i''ne itaoie oysters so culled out Of
eie ha'utal oeds or bars under the supervision
oa,,sae M. ne cost % Teeuiihs ana eX
po ii''iueiit 10 Same snail De borne by thu
'io,''olc
90. o. ana De III lufther enacted, That ;
ne" strfon De ana the same is hereby addeC
i1 tnaer e ol tHe annotated Code OF Mary
t tanu r 800 supplement- title Oysters sub
tlt'e ueheral Measurers and Inspectors, sale
NV NV SECTION u De known as section 81, to fol
low ilinleGately after SAID subtitle and t.
'e'u 'S ioiio"S'
81. Each county inspector or deputy in
spector shall inspect all oysters in the distric
to which he is assigned by the COMMISSIONS
of Fisheries, and upon the inspection of an,
such oysters, he shall make certificate of thu
number of bushels in tripIicate one of which
shall be given to the purchaser one 10 tb,
seller and the other retained by the inspector
An inspection charge of &c per bushel is here
by levied upon all oysters caught within tn,
limits of the State of Maryland unloaded frot,
vessels at the place in MARYLAND where sal,
oysters are to be no further shipped in hull
in vessels to be charged equally to the buvc
and seller, but to be paid weekly to the Comp
troller of the State Treasury or his agent h,
the buyers the certificate retained nv tho in
spector shall be mailed by him weekly TO Nh,
Comptroller or his agent and in case tn,
one week thereafter to the ComntrolIer or hi;
agent, which is hereby required TO he done
the properties of the parties so indebted ma,
be levied on and sold by the Comptroller ~
his agent as in cases of taxes in default With
out other process of law: the said insnectio,
charge of &c per bushel hereby levied ;s ole,
made charge on ovsters CAUGHT ,y;tbin ~
limits of the State of Maryland and sold h,
commission merchants and others selling h,
less than cargo. and also an insnac+;on cho,
of six cents per barrel containing NOT NOV,
than three bushels of OYSTERS cangbt WITH
the limits of the State of MaryIand :. an 49,,