The Republican. [volume] (Oakland, Md.) 1877-current, 1940-09-12
CONSTITUTIONAL REFERENDA

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
can read and write. and are sufficiently in
teIligent 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 as a county
inspector deputy inspector until he shall
have passed physical examination to be
given by physician selected eby the Com
mission
12G! 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 as it may deem
advantageous TO the welfare and Improvement
OF the se2food industry and shall cooperate
with the seafood industry in any lawful man
fisheries.
I'D. All sums of money. provided to be
paid to the Conservation Department under the
provisions of Section IS of Article 80 of tine
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. s.. And be it further enacted. That
Sections and II of Article ~ of the Ammo
tated Code Of Maryland (l935 Supplement-
title Oysters" subtitle "Culling." be and the
same are hereby repealed and re-enacted with
amendments. to read folowss:
y Any person who shall have oysters in
ms possession which contains more than eight
per cent. of shells, and oysters less than three
inches from hinge to mouth whether adher-
ing 20 marketable oysters or not). which for the
purpose of this Article are declared to be I'M
ar q n tpn la. -I,1I l.
demeanor, and in ascertaning 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,
mouse or other place as he may think proper,
and to require the same to be cued and dis
posed of, as provided in Section II of this Ar
tlcle and any person violating any of the pro-
Visions OF this Section shall be subject to the
penalties and fines as provided in Section II
OF TINS Article in precisely the same manner
as lft'he were captain of a 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 9 of this Arti-
Gle shall be deemed guilty of 1nsdemeanor
and upon conviction before any justice of the
peace or court of competent Jurisdiction shall
be lined 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
- VI s'SC-
tons and of this Article, shall be deemed
$50 $50 VI Z i1isueiheanor ana, upon conviction
before any justice of the peace or court OF
80 . JuIisuleton, snail be hned the sum
more than One Hundred Dollars or confined
- ~. ieSS ina" o. uays nor more than SIX
months, either or both, and in addition to such
81 plisohsit sald cargo snail be confis-
ateu ana returned to natural beds or bar under
the supervision of the oyster inspector or other
f ~ n I;g the affest and at the expense
di+i tn '0I1tot Wnlch expense snail be in adj
NE 900, eie 1ne IMPOSED ana collectible IN
be held ,s sec',.;+ '' G . ~ ooat OF vessel sha
AM If a. sou ;i 10y 10y the payment OF sand
With trr s'I Lm ms taken oysters only
WIN tohgS ne snail be fined as above and the
held as security for the navpen+ If soid f,,n IL
addition to the above nenaItiee Tho n,st;na 81
the peace or judge may, in a case Where tbi
violGtor has been previously convicted of VII,
lating the provisions of tbis snh+ ill ,nsna,,,
or revoke the license under, which tbe ,;oiatn,
may be operating for the nuIpose Of catcbino
shocking, packing or canning oysters In cas-.
there is an appeal or waiver Of trial befort
justice of the peace in order to nro,,;da e.,
the disposition of any oysters that boue No.
declared unmerchantable the cargo Of o,sto,.
shall remain in the possession or custody nj
the Inspector or other officer making Tho ar
rest until the CAPTAIN of the boat nv ,assol -,
the packer shall have recuIled the ovsters IL
question and the officer under whose suner
vision the reculling is done. after ascertain;no
nVGt Dnf
shells SO cued out shall give the cantoin -,
other person in charge of said vessel nv nacI
ing house. certificate showing the n,poba,
of bushels of such understandable oysters anC
the said captain or other person shall retI,rr
said understandable oysters so CHILLED ont al
the natural beds or bars under the sunervisior
of the officer The cost of recuIling ana ov
penses incident to same shall be borne by tn,
violator.
Sec. 6. And be il further enacted That .
new section be and the same is herehv addaf
TO Article ~ of the Annotated Code of Nav
land 1885 Supplementl titIa "Ovstars ;; III
title General Measures and Insnectors eoif
new section to be known as Section 81 IN fol
low Immediately after said subti+Ia and A.
read as follows:
81 EL .
snactor4 Sbau $500 M iSpeet . VI IepuIy IN
10 NH az i.i'pee. an oysters III the dlstrlcl
Of Fisba;ns :. Ed d'S i neu 10y the commissioner
eucb o,,eta, lnu unoii tle Inspection OF am
,I,rb f . ne 3iiail inahe cefuhcate oil tht
shall he ,;,ar t ~ tilplicate, one oil whicf
sniIa, srI ~ ~ 'ne purchaser one TO tht
An irsnna+i tle p.nel retained by the inspector
Iv Ia,;ed 80, ~ IS y. &c per PuShei IS mere
- ~ re upo on an oysters caught within the
,essois - D'aIe VI niaIg ialu' uhloaded IRON
3 az 'ne Place III maryland where sac
~ tasoi o. " pe no iurther Shlpped IN Duli
and seiia, H. IT, thaikeu equaliy 10 the buyel
tusf puI 70 De pald weekly to the Comp
~ -, " t'e otdte treasury or ms agent by
e,,t - tIe cerciiiSaIe retained by the IN
| 3psSoi Sian pe nialleu by nm weekly to the
Iomonn+s nf -, W nie agenI anu IN case th'
ono IT., VI MONEY SHOWN TO be due not paid IL
oe wen thereafter 10 the Comptroller or his
~ ,, wi.icn Is herepy required to be done
Nv piopertieS OF the parties so indebted may
b p ievle et on ana sold by the Comptroller OF
nnt tha as III cases oil taxes IN default, with
t. ot"ei process OF law the SAID inspection
rnuIee or &c per bushel hereby levied is also
iine;t. " eharRe on oysters caught within the
iin,rs oi the state OF Maryland and sold by
isss thon lnercnants ana others selling by
ie'' ehah cargo ana also an inspection charge
~ sM cents per oafrel containing not more
INA ttaI shree bushels OF oysters caught within
the limits of the State of Maryland; on oysters
Land contained IN 49, ''e e,'"'e VI Wal a. y