The midland journal. (Rising Sun, Md.) 1885-1947, 1940-10-04

fore any Justice Of the peace or court Of
competent Jurisdiction shall be fned the
sum Of not less than ten dollars 800 nor
more than fifty dollars $500 and any per-
son, firm or corporation engaged In catch
ing oysters by means Of dredges, or sell
ing oysters 50 caught, or buying or pack.
ing oysters In violation Of any provision OF
deemed guilty Of misdemeanor and. upon
or court Of competent jurisdiction, shall Be
nned the sum Of not less than Fifty Dol,
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
Gated and returned to Natural beds or bar
under the supervision Of the oyster anspec-
tor or other officer making the arrest,
snS At the En- e. Of Ss VOs ss hs which es
imposed and collectible in the same man:
ner, and the boat or vessel shall be held
as security for the payment OF said hne.
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
case where the violator has been previously
convicted Of violating the provisions Of this
subtitle, suspend or revoke the license
packing or canning oysters. IN case there
Is an appeal or waiver Of trial before JUS
h ss 5ns e. any SrG oysters e. Rss
been declared unmerchantable, the cargo
Of oysters shall remain in the possession
or custody Of the Inspector or other on.
Ger making the arrest until the captain OF
the boat or vessel or the packer shall have
reculled the oysters In question; and the
oficer under whose supervision the re-
tity Of understandable oysters and shells
so culled out, shall give the captain or
other person in charge Of said vessel or
packing house, q certificate showing ths
oysters and the said captain or other per-
son shall return said unmerchantable oys-
tiers SO culled out Of the natural beds or
The cost Of reculling and expenses incl
lator.
Sec. 9. And be 1t further enacted, That
added to Article 70 Of the Annotated Code
Of Maryland (1935 Supplement-, title "0ys:
ters," sub title General Measurers and
sad 10 ow sseSm 81 Ss knST en
said subtitle and to read as follows:
81. Each county inspector or deputy
Inspector shall inspect all oysters In the
district to which n, he is assigned by the the
inspection Of any such oysters, he shall
make a certificate Of the number Of bush
els in triplicate, one Of which shall be
and and the ne other S retained BY the Inspector.
An inspection charge Of &c per bushel 10
hereby levied upon all oysters caught
unloaded from vessels at the place in Mary
land where said oysters are to be no fur
ther shipped in bulk in vessels, to- be
charged equally to the buyer and seller.
Of the State Treasury or his agent by the
buyers; the certificate retained by the in
spector shall be mailed by him weekly to
the Comptroller or his agent and In case
not paid in one week thereafter to the
Comptroller or his agent, which 10 hereby
REQUIRED to be done, the properties Of the
sold by the Comptroller or his agent as In
cases Of taxes In default, without other
process Of law; the said inspection levied
wh so %sfs limit. ee of &c State e ssas
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 linn
its Of the State Of Maryland; ON oysters
caught within the limits Of the State Of
Maryland contained in bags an inspection ssa,S =
not more than two bushels; and all trans
portation companies carrying. oysters In
State Of Maryland, consigned to Baltimore.
shall furnish to the inspector or collector
OF oyster tax, copy. Of their manifest
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 q statement under oath
as to the number Of bushels sold from
time to time and return to the inspectors
certificate thereof to be forwarded to the
Comptroller as required in the case Of GER
tifcates for cargo, and the payments Of. the
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: