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

spectofs. Both the county inspectors my in.
uty inspectors shall have and exern Ha dep.
rights, powers and duties of the forrelcise the
commanders, general inspectors @ deputy
spectorS, inspectors, general neasreial in.
urers and members of the State Fisbors, meas.
subject IN all ., cases to the orders of IL Gree
missioner of Fisheries. u Vhe Com.
LIB. The Commissioner shall -
county or deputy inspectors such appoint as
as can read and write and are s, ,iasle persons
teligent to pass an examination in M hty in.
ing OUT 81 reports and upon other max.
their duties. as determined bv ~ phases Of
sion. No person shall be appointed % Oommis.
inspector or deputy inspector mil d county
have passed a physical examinatio.ne shall
mission. ~ the Com.
12C. 1t shall be the duty Of +bo
sioner to promote the advertising of (.G9nmS.
food products of this State and ~ NJ vi the sea.
advertising or other matter as II M p"ie such
aeVahtageo9s to the welfare and improyouaeen
OF the seafood industry, and shall o,o'ehent
with the seafood industry in anv i,e Operate
fisheries. ent Of the
I'D. All sums of money provided
paid to the Conservation Department ,7I 10 be
provisions of Section 10 of Ariel S Under the
Annotated Code, as enacted by Chantor VI a. The
the Acts of 1929, shall thereafter ba s. III Of
to the Commission of Fisheries and P pa over
ally expended by it in the propagation 81 a 9l
water fish. Oh tide.
Sec. s.. And be it further enacted p,
Sections and II of Article 70 Of tbu' That
tated Code of Maryland d9S5 Snn C,g ammo
title oysters subtitle "Culling," be anS ~
amendments, to read as follows. eu' with
8. Any person who shall have o,,.,-
MS possession which contains more tbass IN
per cent. of shells, and oysters less tban eght
inches from hinge to mouth Whether aS gltee
ing 10 marketable oysters or not) which uitr-
purpose of this Article are decIarod ~ ior lhe
merchantable oysters, shall be guilty ~ Vt uh'
demeanor, and in ascertaininr sucb =, d mis-
age any county inspector and deputy p peneeht
Is nereoy authorized and directed to select snoE
amount of oysters from any nile MA Sueh
house or other place as he NAV tbinil ~ oh
and to require the same to be culIed p.uoper
posed of, provided in Section II Of a az! ds'
tcie and any person violating any of tbo Ar
visions of this Section shall be suhie.t t"e pro-
penalties and fines as provided in go! 70 the
oil TINS Article, in precisely the same raou II
as II ne were a captain of a boat "el
II. ANY person. firm or corporation,
gagged IN catching oysters with rakes or In en-
or selling oysters so caught in violation S S'sS'
provision of Sections and q of Az AZ VI any
Gle shall be deemed guilty of rnisJa,,oSi rti'
and upon conviction before any iustioo nor
peace or court of competent jurisdiction l 'ns
p 81 nileu the sum OF not less than ten doia
tSlOJ nor more than fifty dollars fs50S aS
any person, firm. or corporation ono 49, ana
catchlng oysters by means of dredpee 90 n
ing oysters 50 caught. or buying or naoG ss'
oysters in violation of any provision of S Guy
tons and of this Article shall b J sec,
guilty of misdemeanor and mon co uee,ned
before any justice of the peace or COW, "VI y,
competent jurisdiction shall be fined tho VI
OF not less than Fifty Dollars $50 my sun
more than One Hundred Dollars or con6nOI
IN Jail not less than 80 days nor more tb t
months, either both and in addition 10 10y, sH
me or Imprisonment said cargo shall be COWS
Gated and returned to natural beds or bar inns
tne SUPERVISION OF the oyster inspector or otbsr
otheer making the arrest. and at the exnonso
OF the vlolator, which expense shall bo =; 10y
dlton to the fine imposed and coIIec+ibI ".
the same manner, and the boat or vessel sbI
be held as security for the payment of an:i
Hne. IL the violator has taken ovsterg saiu
with tongs he shall be fined as above 81 ot ny
noat IN which said oysters are found shah luz
held as security for the payment of said fno "
! ADDITION to the above penalties the iustico ~
the peace or judge may, in case where ,Sa
Vlol&tor has been previously convicted If y;n
ldtlng the provisions of this SUBTITLE e,.,I
or revoke the license under which the vioator
may be operating for the purpose of catcb;r
sHucklng, packing or canning oysters In cas,
thefe Is an appeal or waiver of trial bsfor
justice of the peace, in order to provide for
the disposition of any oysters that have beo
declared unmerchantable the cargo NJ ,.,.oal
snail remain in the possession or custodv ~
the inspector other officer making Tho az
rest until the captain of the boat or vessel on
Ihe packer shall have reculled the oysters in
vision the reculling is DONE after ascertainino
tne quantity of understandable oysters and
shells 50 culled out, shall give the captain mr.
other person in charge of said vessel or nark
ing mouse, certificate showing the number
OF bushels of such understandable oysters and
| the said captain or other person shall return
SAID understandable oysters so CHILLED ont NJ
| the natural beds or bars under the supervision
OF the officer. The cost of reculing and ex.
penses incident to same shall be borne by the
violator.
Sec. 6. And be it further enacted That
new section be and the same is hereby added
to Article ~ of the Annotated Code of Mary
land 1885 SUPPLEMENT- title Oysters" sub.
title General Measures and Inspectors" said
new section to be known as Section ST. to fol-
low Immediately after said subtitle and to
read follows:
81. Each county inspector or deputy in
spector shall inspect all oysters in the district
to which he is assigned by the Commissioner
OF flsherles, and upon the inspection of any
such oysters, he shall make certificate of the
number of bushels in triplicate one of which
shall be given to the purchaser. one to the
seller and the other retained by the inspector
AN Inspection charge of &c per bushe is here
by levied upon all oysters caught within the
limits of the State of Maryland, unloaded from
vessels at the place in Maryland where said
oysters are to be no further shipped in bulk
In vessels, to be charged equally to the buyer
and seller, but to be paid weekly to the Comp
troller 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 the
amounts OF money shown to be due not paid in
one week thereafter to the Comptroller or his
agent, which is hereby required to be done
tne properties of the parties so indebted may
be levied on and sold by the Comptroller or
MS agent as in cases of taxes in default. with
out other process of law; the said inspection
charge of &c per bushel hereby 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 imam cargo; and also an inspection charge
OF SIX cents per barrel containing not more
than three bushels of oysters caught within
the limits of the State of Maryland; on oysters
caught within the limits of the State of Mary
lGnd contained in bags an inspection
charge of four cents per bag containing not
more than two bushels and all transportation
companies carrying oysters in the shell caught
within the limits of the State of Maryland.
consigned to Baltimore shall furnish to the in
spector or collector of oyster tax. copy OF
their manifest showing the number of bushels
OH BOARD on arrived of steamer and to whom
consigned 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 retailer, and IN
performance of their duty the said nspec-
tors are authorized and directed 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 a statement
under oath as to the number of bushels sold
from time to time and return to the inspec-
tors certificate thereof to be forwarded to
the Comptroller required in the case Of
certlhcates for cargo, and the payments oil
the amounts so found to be due shall be SIM
LARRY 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 up
on anyone claiming to the contrary to estao-
lish his said claim by clear and satisfactory
evidence. The Commissioner of Fisheries shall
furnish to each of the county inspectors and
deputy inspectors certificates in book form:
supplied with carbon paper that each OF
the said triplicate certificates shall be exactly
the same; the form of the certificate shall De
as follows: