The Republican. [volume] (Oakland, Md.) 1877-current, 1940-10-24
CONSTITUTIONAL REFERENDA

the powers and duties herein conferred upon
the county inspectors and when SO directed by
the Commissioner shall act under the control,
supervision and direction of the county in
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.
LIB. The Commissioner shall appoint as
county or deputy inspectors such male persons
as can read and write. and are sufficiently in
teligent to pass an examination in the max
ing out of reports, and upon other phases of
their duties as determined by the Commits
sion. No person shall be appointed as a county
inspector deputy inspector until he shall
have passed a physical examination to be
given by Il physician selected by the Com
mission
l2C 1t shall be the duty of the Commits
sioner to promote the advertising of the sea
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. as 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 and IL of Article 70 of the Ammo
tated Code of Maryland 1885 Supplement-
title Oysters" subtitle "Culling." be and the
same are hereby repealed and re-enacted, with
amendments, to read as followss:
9. Any person who shall have oysters in
his possession which contains than eight
per cent of shells, and oysters less than three
inches from hinge month (Ahather ndhar-
ing to marketable oysters not), which for the
purpose of this Article are declared to be un-
merchantable oysters shall be guilty of a mis-
demeanOr, and in ascertaining such percent
age any county inspector and deputy inspector
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 IL of this Ar
ticle and any person violating any of the pro-
visions of this Section shall be subject to the
penalties and fines provided in Section II
OF this Article, in precisely the same manner
as II he were captain of boat.
IL. Any person, firm corporation en-
gagged in catching oysters with rakes or tongs,
or selling oysters SO 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
(Sl0) nor more than fifty dollars (S50) and
any person, firm. or corporation engaged in
catching oysters by means of dredges, or sell
ing oysters SO caught. buying or packing
oysters in violation of any provision of Sec
tons and of this Article shall be deemed
guilty of a misdemeanor and, upon conviction
before any justice of the peace or court of
competent jurisdiction, shall be fined the sum
of not less than Fifty Dollars (S50.00) 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
hne or Imprisonment said cargo shall be confis-
Gated and returned to natural beds or bar 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 adj
dltlon to the fine imposed and collectible in
the same manner, and the boat or vessel shall
be held security for the payment of said
fine. If the vioator has taken oysters only
with tongs he shall be fined as above and the
boat IN which said oysters 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
Vlol&tor has been previously convicted of vio-
latIng the provisions of this subtitle, suspend
or revoke the license under which the violatof
may be operating for the purpose of catching,
shucklng, packing or canning oysters. In case
there is an appeal waiver of trial before
justice 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 other officer making the ar.
rest until the captain of the boat or vessel or
the packer shall have reculled the oysters in
question; and the officer under whose super.
vision the reculling is done, after ascertaininp
| the quantity of understandable oysters and
shells SO culled out, shall give the captain OF
other person in charge of said vessel or pack
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 culled out of
the natural beds or bars under the supervision
of the officer. The cost of reculling and ex.
/ rnn ,larf 10. hall
Violator.
Sec. 6. And be it further enacted, That a
new section be and the same is hereby added
to Article IL of the Annotated Code of Mary
land 1888 Supplement-, title Oysters" sub.
title General Measures and Inspectors" said
new section to be known as Section 81 to fol.
low Immediately after said subtitle and tc
read as 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 Fisheries, and upon the inspection of any
such oysters, he shall make a certificate of the
number of bushels in triplicate one of which
snail be given to the purchaser, one to the
seller ana 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 sale
oysters are to be further shipped in bulk
in vessels, to be charged equally to the buyel
and seller, but to be paid weekly to the Comm.
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 hi,
agent, which is hereby required to be done
the properties of the parties so indebted NAV
be levied on and sold by the Comptroller OF
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 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
tnan three bushels of oysters caught within
the limits of the State of Maryland; on oysters
caught within the limits of the State of Mary
land contained in bags an inspection
charge of four cents per bag containing MOI
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 a copy al
their manifest showing the number of bushel.
| on 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 b,
such commission merchant or retailer, and il
| performance of their duty the said inspec
tors are authorized and directed to visit place,
where oysters caught within the limits of tn,
State of Maryland in less than cargo lots ar,
Sold and get from such sellers a statement
under oath to the number of bushels solo
from time to time and return to the inspec
| tors certificate thereof to be forwarded IL
the Comptroller required in the case oil
| certlhcates for cargo. and the payments o.
the amounts found to be due shall be sim
ilarly enforced. All oysters found within In,
State of Maryland shall be presumed to hav,
! been caught within the limits of the State n
Maryland and the burden of proof shall be nm
on anyone claiming to the contrary to estab
fish his said claim by clear and satisfactor,
evidence. The Commissioner of Fisheries shall
furnish to each of the county inspectors anC
deputy inspectors certificates in book form
| supplied with carbon paper so that each o.
| the said triplicate certificates shall be exaeth
| the tho af Aln