The midland journal. (Rising Sun, Md.) 1885-1947, 1940-10-18

fore any Justice Of the peace. or court OF
competent Jurisdiction shall be fined the
sum of not less than ten dollars ($1O) nor
more than fifty dollars (S50) and any per-
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 and 9 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.
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
imprisonment said cargo shall be combs
under the supervision OF the oyster inspec-
tor or other officer making the arrest,
and at the expense Of the vioiator, which
imposed and collectible in the same man
ner, and the boat or vessel shall be held
az security for the payment OF said nne.
II the yiolator 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
ease Where the viostor has been previously
convicted Of violating the provisions Of this
sub title, suspend or revoke the license
under which said violator may be operating
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
been ths
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
officer under whose supervision the re-
culling is done, after ascertaining the guam
tity Of understandable oysters and shells
in oho11 give fho FanfQfn
other person in charge Of said vessel or
packing house, a certificate showing the
number of bushels Of such understandable
SON shall return said unmerchantable oys-
ters so culled out Of the natural beds or
bars under the supervision Of the officer.
The cost OF reeuiling and expenses incl
lator.
Sec. 0. And be It further enacted, That
q new section be and the same is hereby
added to ARTICLE ,6. e Of the Annotated Code
ters." sub title General Measurers and
Inspectors" said new section to be known
NJ Section 81, to follow Immediately after
said sub title 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
msRRe eeraas Of ns the nsumbe. q Of bash
els in triplicate, one Of which shall be
given to the purchaser, one to the seller
and the other retained by the inspector.
within the limits Of the State Of Maryland,
unloaded from vessels at the place in Mary
ana sag are 70 Is NO
charged equally to the buyer and seller,
but to be paid weekly to the Comptroller
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 be
not paid in one week thereafter 70 ths
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
process Of law; the said Inspection levied
IL also made charge on oysters caught
within the limits Of the State Of Maryland
and sold by commission merchants and
also an inspection charge Of six cents per
barrel containing not more than three
bushels of oysters caught within the linn
ea its Gs the s State tn Of tsy n on s Syos
Maryland contained in bags an inspection
charge of four cents per bag containing
not more than two bushels; and all trans
the shell caught within the limits Of the
State of Maryland, consigned to Baltimore,
shall furnish to the inspector or collector
or oyster TAX, q copy OF Cnelr mdnlIeSt
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 statement under oath
as to the number of bushels sold from
time to time and return to the inspectors
q certificate thereof to be forwarded to the
Comptroller as required In the case Of GER
tiicates for cargo, and the payments Of tho
amounts SO found to be due shall be simi-
larly enforced. ALI 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 30
exactly the same; the form Of the certid-
cate shall be az follows: