The midland journal. (Rising Sun, Md.) 1885-1947, 1940-08-09

fore any justice Of the peace or court Of
competent Jurisdiction shall be fined the
sum Of not less than ten dollars ($10) nor
more than fifty dollars (s5O) and any per-
son, firm or corporation engaged In catch
ing oysters by means Of dredges, or sell
ing oysters so caught, or buying or pack.
ing oysters In violation Of any provision OF
Sections 8 and 0 Of this Article, 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 Fifty Dol,
lars ($50O0) nor more than One Hundred
Dollars or confined In jail not less than
30 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 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 collectible in the same man.
ner, and the boat or vessel shall be held
as security for the payment of said fine.
If the vi0lat0r 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 violator has been previously
convicted of violating the provisions Of this
subtitle, suspend or revoke the license
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 unmerchantable, 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
other person In charge Of said vessel or
packing house, certificate showing the
oysters and the said captain or other per-
son shall return said Understandable Oys-
tiers 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
a new section be and the same is hereby
of Maryland Q935 Supplement-, title "Oys..
ters," subtitle General Measurers and
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
make a certificate Of the number of bush
els In triplicate, one Of which shall be
given to the purchaser, one to the seller
An inspection charge Of &c per bushel is
hereby levied upon all oysters caught
within the limits of the State of Maryland,
land where said oysters are to be no fur
ther shipped in bulk in vessels, to be
charged equally to the buyer and seller,
but to be paid weekly to the Comptroller
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 be
Comptroller or his agent, which is hereby
required to be done, the properties of the
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 a charge on oysters caught
within the limits OF the State Of Maryland
others selling by less than the cargo; and
also an inspection charge of six cents per
barrel containing not more than three
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
portation companies carrying oysters in
the shell caught within the limits of the
State of Maryland, consigned to Baltimore,
shall furnish to the inspector or collector
of oyster tax, a 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 di-
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: